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HomeMy WebLinkAbout04/19/1994Cit C CiC AGENDA Tuesday, April 19, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Counci l Member Council Member Council Member City Manager Interim City Attorney City Clerk Gary H. Werner Clair W. Harmony Eileen R. Ansart Phyllis E. Papen Gary G. Miller Terrence L. Belanger Michael Montgomery Lynda Burgess Copies of staff reports, or other written documentation relating to agenda msrea g agenda the office the City clerk, and are available for public inspection. � you � questions business hours. please contact the City Clerk at (909) 860-2489 during regular with the requirements In an effort to comply of Title 11 of the Americans with Disabilities Act of 1990' the City of Diamond Bar requires that any p erson in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting, must inform the City Clerk A mmum 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 rr c_led PaPer and encourages you to do the same. MISSION STATEMENT The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 p.m. To accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to items of interest within the subject matter, jurisdiction of the Council, which are not on this evening's agenda. 2. Public comments be directed to the business items on this evening's agenda. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Council appreciates your cooperation. Next Resolution No. 94-17 Next Ordinance No. 02 (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 and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 Proclaiming May 1 - 7, 1994 as "Hire a Veteran Week" 2.2 Proclaiming April 17-23, 1994 as "National Library Week." 3• PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an Opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Tease complete a ��aatie,-.� Council. 4. COUNCIL COMMENTS: al Councilmembers are for Council idiscussion. tems ed Direction lmay ube given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission - April 25, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.2 General Plan Advisory Committee - April 26, 1994 - 7:00 P.M., Heritage Park Commun. Cntr., 2900 S. Brea Canyon Rd. 5.3 Parks & Recreation Commission - April 28, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 City Council/Planning Commission Meeting - May 2, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. Re: South Pointe Master Plan 5.5 City Council Meeting - May 3, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. APRIL 19, 1994 6. CONSENT CALENDAR: PAGE 2 6.1 APPROVAL .OF MINUTES - Adjourned Regular Meeting of March 23, 1994 - Approve as submitted. Requested by: City Clerk 6.2 VOUCHER REGISTER - Approve Voucher Register dated April 19, 1994 in the amount of $300,243.03. Requested by: city Manager 6.3 REJECTION OF CLAIMS: 6.3.1 Filed by State Farm Insurance on March 31,1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.3.2 Filed by Oak Tree Lanes Inc./Oak Tree Fund One on March 24, 1994. Recommended Action: Reject request and refer matter for further action to the City Attorney. Requested by: City Clerk 6.4 NOTICE OF COMPLETION FOR GOLDEN SPRINGS DRIVE CONSTRUCTION/REHABILITATION PROJECT BETWEEN BREA CANYON ROAD AND GRAND AVENUE - The City Council, on August 3, 1993, awarded a contract to IPS ServicesInc. for recon- struction/rehabilitation of Golden Springs Dr. between Brea Canyon Rd. and Grand Ave. Installation was completed on March 24, 1994. Recommended Action: It is recommended that the City Council accept the work performed by IPS Services, Inc. and authorize the City Clerk to file the Notice of Completion and release any retention amounts per previously approved plans and specifications. Requested by: City Engineer 6.5 ACCEPTANCE OF IRRIGATION MATERIALS AND TREES AT GRAND AVENUE AND ROUTE 60 FREEWAY PROVIDED BY MARINA CONTRACTORS, INC. - The City Council, at their regular meeting of January 5, 1993, awarded a contract for provision of materials for the irrigation system and tree planting at Grand Ave. and the 60 Contractors, Inc., the lowest responsible bidder. The APRIL 19, 1994 PAGE 3 materials have been provided and installed and are prepared to be accepted by the City. Beginning May 1, 1994, this portion of the project will be maintained by the State of California (CalTrans). Recommended Action: It is recommended that the City Council accept the materials provided by Marina Contractors, Inc. and authorize the City Clerk to file the proper Notice of Completion and release any retention amounts per previously approved plans and specifications. Requested by: Community Services Director 7. CONTINUED PUBLIC HEARINGS: 7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 - In compliance with the 1993 Congestion Management Program (CMP) for L.A. County, the City is required to adopt a resolution self -certifying our conformance with the CMP by May 1, 1994. This includes the jurisdiction documenting its participation in the countywide deficiency plan, accomplished through annual submittal of a local implementation report. Continued from April 5, 1994. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and adopt Resolution No. 94 -XX. Requested by: City Engineer 7.2 ORDINANCE NO. XX (1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS - Due to a number of complaints regarding the deteriorating condition of residential, commercial and industrial property in the City, the Planning Commission has drafted a Property Maintenance Ordinance for City Council's review and approval. Continued from April 5, 1994. Recommended Action: It is recommended that the City Council open the Public Hearing, take testimony, waive full reading and approve for first reading by title only Ordinance No. XX (1994) amending Title 22 of the Los Angeles County Code by adding a new Chapter 22.54 and establishing Property Maintenance Standards. Recommended by the Planning Commission. Requested by: Community Development Director APRIL 19, 1994 PAGE 4 8. OLD BUSINESS: 8.1 RESOLUTION NO. 94 -XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RECONSIDERING RESOLUTION NO. 92- 65 WHICH DENIED VESTING TENTATIVE TRACT MAP NO. 47850 - Section 2 of the settlement agreement between the City and Diamond Bar Associates dated April 5, 1994 provides for the reconsideration of Resolution No. 92-65, which denied VTM 47850; and the setting of a Public Hearing for VTM 47850 to be held at a joint session of the City Council and the Planning Commission. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX reconsidering Resolution No. 92-65 denying VTM 47850. Requested by: City Manager 8.2 SECOND READING OF ORDINANCE NO. 01 (1994) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, ADDING A NEW CHAPTER 15.38 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, INCLUDING FEES AND PENALTIES - Continued from April 5, 1994. On February 15, 1994, the Council conducted a Public hearing to consider the readoption of Chapter 99 of the L.A. 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 remain in effect until September 16, 1994 unless repealed or extended. Continued from April 5, 1994. Recommended Action: Approve for 2nd reading by title only and adopt Ordinance No. 01 (1994). Requested by: Community Development Director 8.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPOINTING MAYOR GARY WERNER AND MAYOR PRO TEM CLAIM HARMONY AS DELEGATES TO THE WILDLIFE CORRIDOR CONSERVANCY STUDY GROUP - Continued from April 5, 1994. Recommended Action: Adopt Resolution No. 94 -XX appointing M/Werner and MPT/Harmony to a wildlife corridor conservancy study group. Requested by: MPT/Harmony 8.4 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING LEFT AND THROUGH APRIL 19, 1994 PAGE 5 LANES ON THE EASTBOUND AND WESTBOUND APPROACHES OF MOUNTAIN LAUREL WAY AT DIAMOND BAR BOULEVARD AND INSTALLING A 100 FEET OF RED CURB ON THE NORTH SIDE OF MOUNTAIN LAUREL WAY BETWEEN SILVER RAIL DRIVE AND DIAMOND BAR BOULEVARD - On February 10, 1994, the Traffic & Transportation Commission reviewed and recommended approval of a plan to create left and through lanes on the eastbound and westbound approaches of Mt. Laurel Way at Diamond Bar Blvd. In addition, plans to install 100 ft. of red curb on the north side of Mountain Laurel Way between Silver Rain Dr. and Diamond Bar Blvd. were reviewed. Continued from April 5, 1994. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX establishing left and through lanes on eastbound and westbound app Mountain Laurel Way. Requested by: City Engineer 8.5 SANITARY SEWERS IN "THE COUNTRY" - This is a continuing report regarding the proposed sewer project. Included is the report on the RFP For Professional Services for further studies; update of application for annexation to Sanitation District 21; and discussion of excess system costs, privatization of O & M and on-site treatment and disposal. Recommended Action: It is recommended that the City Council continue further discussion to May 2, 1994 in order to provide additional information related to questions and concerns raised regarding the sewer assessment district proposal. Requested by: City Engineer 8.6 RESOLUTION NO. 90-45H: RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - An adjustment of salaries and benefits relating to cost of living increases was proposed and included in the budget for FY 1993-94. The amount proposed was 3.5% The increase in the Consumer Price Index (CPI) in FY 1992-93 was 3.2% With this adjustment, total cost of living adjustment for FY 1990-92 through 1993-94 would be 12% During the corresponding FY 1989-90 through 1992-93, the increase in the CPI was 17.7%. This matter was reviewed by the Personnel Committee. Recommended Action: It is recommended that the City Council adopt Resolution No. 90-45H providing an adjustment of 3.5% to salaries and benefits for FY 1993-94, retroactive to January 1, 1994. APRIL 19, 1994 9. PAGE 6 Requested by: City Manager 8.7 DISCUSSIOfrom AAD HOil LIBRARY FUNDING COMMITTEE Continued Recommended Action: It is recommended that the Mayor appoint . a Library Services embers of t thee of council. City Council, comprised Requested by: C/Ansari 8.8 DISCUSSION RE: STATUS OF GENERAL PLAN ADVISORY COMMITTEE MEMBERSHIP. Requested by: Mayor Werner 8.9 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY. Requested by: MPT/Harmony NEW BUSINESS: AT 9.1 INTERSECTION M of FGOLDENNSPR NON GSN DRIVE SE On Oct berND B6R BOULEVARD AND 1992, the Council awarded a d iates, Inc. (DFA) esign services reconstruc- Dwight French & Assoc tion/rehabilitation of Grand Ave. from the easter0y0CY limit to Golden Springs Dr. in the amount of $45,7-00. On December 7, 1993, the City executed a Memorandum of Understanding with the L.A. County Metropolitan Transportation Authority (MTA) for approved funding of the Grand Ave. Traffic Signalization/Arterial Improvement Project. Since the arterial improvements/interseof thec and ion modification should be constructed as pa Ave. Resurfacing Project, it has become necessary for DFA to design/coordinate this effort. Recommended Action: It is recommended that the City Council. authorize the City Manager to execute a ontracto amendment with Dwight French & Associates, to increase the contract amount from $4 $61,000.00. Requested by: City Engineer 10. ANNOUNCEMENTS: or 11. CLOSED SESSION: May convene to consider 6.0 at54957 o6)p or Litigation (G.C. 54956.9), Personnel ( Records not purchase/sale of real property (G.C. 54956.8). available for public inspections. 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 April 19, 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 April 19, 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 15th day of April, 1994, at Diamond Bar, California. /S / Lynda Burctess Lynda Burgess, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TC FR )M: AD )RE=SS: OF aANIZATION: AG : -:NIDA #/SUBJECT: CITY CLERK DATE: /0/0 CIES7AV 4//7 D� . �E�i9-�� PHONE: O — 7 27 7-2 / f q"e-,r-' "% /ICY I A &C fI c 64,I)OAC-e- G expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature C- OUN___L A ' " """" uCairtiNG TO ADDRESS THE CITY OUN IL Upon recognition from the Mayor, please walk to the micro proceed a c�rirnfro upon the agenda item you wish to discuss. vote, the Aa�er will recognize any member of phone and state your name and address �Following and discussion and prior to a the audience who wishes to speak on the subject. You are W6Come to attend all City Council meetings and your is appreciatec'. interest in the conduct of public business VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: 21 ` TO: City Clerk/ FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as ritten 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 PE SON 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) miDutes . * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank * you. * ****************************************************************** TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL r >�s� CITE_ LERK ����� GS,2 8c J C) PHONE: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ignature r NAMES IN THE —w� �~ PERSON DESIRING T MINUTES. �I��n recognitionO ADDRESS THE CITY COUNCIL from the Ma Proceed to comment u yOr, please walk to the micro Vo't,'--, the Ma pOn the agenda item Phone and state yor will recognize an yOU wish to discuss. F Your name and address and Y member of the audience who o11peak ow�ng discussion Ycu are welcome to attend all eetinwishes to s and prior'to a is <���preciated. City Council m on the subject. meetings and your interest in the conduct of public business VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM:�119 ADDRESS: ORGANIZATION: SUBJECT: I expect to address t e Council on Council Minutes reflect my name az ject a ep da item. Please have the :s as Witten above. C, Signatu e NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all Persons to address the Council are recognised and to ensure correct spellingsofng names in the Minutes. -- yi3�, 1.1,Y COUNCIL Upon recognition from the Mayor Your name and address and Please walk to the microphone and state discuss. Following Proceed to comment upon the agenda item any member of the audiencesion who wished to so a vote, the You wish to Mayor will recognize You are speak on the subject. welcome to attend all conduct of public business is aCit Y Council meetings ppreciateduracil and Your interest in the ********************************************************* * Those whowi * sh to speak on agenda subjects scheduled *as**** * public hearings or discussions may * Speaker's Cards at the desk of the City voluntary * Council Y Clerk. * rules call for each speaker to limit remarks to five (5) minutes. * The audience is re * * Chambers, quested to be seated in the Council * hha chambers Standing or obstructing * Thank you, g of aisles is pro- ******************************************************** * ********** VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: Y// TO: CAty Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: U I expect to address the Council on the subject agenda item. Council Minutes reflect my name and address as written abovePlease have the. Signature form intended to NOTE: All persons may attend meetings and address the City Council. This to address ess the Councassist the Mayor in ensuring that all persons Wishing names in the Minutesil are recognized and to ensure correct spelling of . U SS THE CITY Pon recognition from COUNCIL Your name and a, the Mayor, please walk to discuss. dress and proceed the micro an Following discussion and ° comment u Phone and Y member of the on the agenda item state audience who wishes to to a vote You wish to You are peak on the a Mayor will recognize welcome to s sub' conduct of attend all Cit subject. Publ.- business y Council meetings and your interest in the *********** Those w *Public hearinh to speak dis discussions mayagenda ************ Speaker' s gs or ions ma subjects scheduled as * Cards at the desk of y complete voluntary * the City Clerk. * council rules call for each five �- * (->) minutes. speaker to limit remarks to * The audience Chambers. is regUested to be seated * hibited. Standing or obstructing in the Council * Thank you. rutting of aisles ********* is pro- * ***************************** * VU��NTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK �. c - FROM: DATE: ADDRESS: /110-- PHONE: �JL�S7e ORGANIZATION: AGENDA #/SUBJECT: v ,� �- � c- � MM P IC/� C, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: ALL PERSONS MAY ATTEND MEETINGS AND ADDRESS THE CITY COUNCIL THIS FORM IS INTENDED TO ASSIST THE MAYOR IN ENSURING THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL ARE 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. REQIIEBT To JkDDPVaa REGAgDING AGENDA EM no. CI COII DATE: TY NCIL 41 ---_ To: L_, FROM. City Clerk ADDRESS: ORGANIZATION: --� �,r<f 1 4 w C SUBJECT: councilt to address Minutes reflect the C°unell o m:Y name and adhe d ect agenda Benda item. • aS, written above Please have the NOTE: All ".` form -is r oona to ed tt ded to aassl$ttead meati qs Signature names in the Minute," are reognd addra the mayor in eansuriaq t the city Co and to hat all unci,• This ensure correct persons wiahiag Palling 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 FROM: yr .ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Council Minutes reflect my name and address as writte Please have the above. NOTE:All Signature Persons may attend meetings and address the City Council. form is intended to assist the Mayor in ensuring that all to address the Council are recognised and to ensure oorrec ii. This names in the Minutes. persons ngofwishing Correct spelling of -- _.LxJLt1VG Upon Your name and ad from the Mayor, T A � SS THE CITY COUNCIL discuss. dress Please walk to any memberFoftheand proceed to lowing dis co the micro ph comment upon the a Phone audience who and Prior to a Benda item and state You are welcome to wishes to vote; the Mayor will r wish to conduct of attend speak on t reco public he subject, gnize businessa is City Council meetin ************ ppreciated, gs and Your * ******* interest in the * Those who ************* * Public bear- to ar:- speak on a ********************** * SPeaker�s Cards or discussions m a subjects schedule at may Com d as * Council the desk of Plete voluntary * * �5 rules call for a the City Clerk. five ) minutes, ach s *The Peaker to limit remarks to * Chambersaudience is requested * hib' Standinor to be seated * obstructin in the Council Thank you. ***************** g of aisles is ****** Pro- * ********************************** * uL'_uNTARY REQUEST TO ADDRESS THE CITY COUNCIL 14�� TO CITY CLERK FROM; DATE: ADDRESS: �j 3/ (1 �-�L� PHONE: $6 o -S CRUANIZATION: t AGENDA #/SUBJECT;,J�u expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature F— —A---1 Upon recognition from the Ma v v '"11�rSS THE CITY OUNCIL proceed to comment upon the ar, please walk to the microphone and e vote, the Mayor will recognize a 9enda item you wish to discuss. state your namand address and Y member of the audience who wishes s to speak onfoth ing discussn and prior to a City Council meetings You are welcome to attend all is appreciated. a subject, gs and your interest in the conduct of public business �4# _ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK M'> DATE: Y f ? -7 v ADC GESS: , PHONE: r6 � iY& (DR, ,ANIZATION: AGE NDA #/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 A__ '=HSU''�S 'VIAY 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. SS VOLUNTARYREQ�DINa Af3END1TO RITEN Np.CITY COUNCIL DATE: T0: City Clerk FROM: GcJ,'J6�r ADDRESS: ORGANIZATION: �f SUBJECT: ex ect to address the Council on the subject agenda item. please have the I P name and address as written above. Council Minutes reflect my Signature Council. This NOTE: All persons may attend meetings and address the CityCoons wishing form is intended to assist the X - in ensuring that all p to address the Council are recognised 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. * * ****************************************************************** 90J v - -- � w -i Y REQUEST TO ADDRESS THE CITY COUNCIL TO (;I'TY �:;LERK FRC �M: DATE: AD[ RESS: PHONE: ORGANIZATION: AGE NDA #/SUBJECT / C V i expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: ALL PERSONS MAY ATTEND MEETINGS AND ADDRESS THE CITY COUNCIL. THIS FORM IS INTENDED TO ASSIST THE MAYOR IN ENSURING THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL ARE 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. TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: ` --1 1 1,Aj-),0RESS THE CITY COUNCIL CITY CLERK Z �o i0 DATE: Seo Z PHONE: (00 5 3 F., s I expect to address the Council on the subject a Benda item, Please have the Council Minutes reflect my name and address as written above. �at�ure�� COUNCIL ARE RECOGNIZEDyANrD'TC► THAT ALL PERSOIUc encu !JNCIL. THIS FORM IS AN�RSON_UISIRING TO ADDRESS THE CITY Upon recognition from the Mayor, pIE,E ,a walk to the mi proceed to comment upon the agen(la item you wish to discuss. Followin microphone and state your name and address and vote, the Mayor will recognize any rrernber of the audience who wishes to g dis�:ussion and prior to a You are welcome to attend all City C��uncil meetings and your inter speak on the subject. is appreciated. est in tho conduct of public business VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: _ d ,f'c�,� DATE: ADDRESS: 2: ZZ 'jjj/ Pel ji PHONE:oj'n,�bY(W ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature 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. TO: FROM: ADDRESS: ORGANIZATION: .AGENDA WSUBJECT CITY CLERK DATE: PHONE:��'b��, expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VTENDED 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. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: ALL PERSONS MAY ATTEND MEETINGS AND ADDRESS THE CITY COUNCIL THIS FORM IS INTENDED TO ASSIST THE MAYOR IN ENSURIN 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. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. TE: TO: FROM: ADDRESS: '�► ORGANIZATION: SUBJECT: t�� o City Clerk ff Com: r 4 &1 li-� �+ r� LE d - q- vt AS5Es.3c)r- 3 M t N VT'r AiDo JUESs I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as w itten above. Signa 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. ****************************************************************** �A TO FRC M: ADC RESS: ORGANIZATION: V �u' � \ /-1 �� Y _i ='u:.� CJ u' /•\ r' r' 'i .JJ - � v I r r . ti v AGENDA #/SUBJECT i:;I�Y (,L.E:=iK DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature _ = u A y08 IN ENSURING THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL ARE RECOGNIZED AND Tn Ftucima ANY PE SON 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 discussions may complete voluntary Speaker's Cards at the Council>rules 'call for each speaker to limit remarks to five (5 The audience is requested to be seated in the Council Chamt obstructing of aisles is prohibited. Thank you II� VU--,NTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CI TY CLERK FROM: Comm-ttee to Recall Clair Harmony 4/19/94 DATE: ADDRESS: 2230". Golden Springs Drive PHONE: 361-5757 ORGANIZATION: D.B. �'aucaus AGENDA #/SUBJECT: Public Cuw4,.. I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ignatur 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. ORDINANCE NO. 1 (1994) AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, ADDING A NEW CHAPTER 15.38 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, INCLUDING FEES AND PENALTIES. A. Recitals. (i) The City of Diamond Bar has determined that the existing Codes applicable to the Property Maintenance standards within the City of Diamond Bar fail to provide minimal standards suitable and appropriate for the City to preserve the Public peace, health, or safety. (ii) The City of Diamond Bar has determined that the problem of deteriorating property and lack of property maintenance due to the aging of our housing stock, and the expiration of private covenants, conditions and restrictions previously placed on property throughout the City requires the immediate adoption of provisions relating to Property Mair:1criance. Article 2 of Chapter 1 of Part 1 of Division l of Title 5 (§50020, et seq.) of the California Government Code authorizes the adoption, by reference, of the uniform codes. (iv) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk of the City of 1 Diamond Bar in accordance with the provisions of California Government Code §50022.6. (v) A duly noticed public hearing, as required by California Government Code §50022.3, has been conducted and was concluded prior to the adoption of this Ordinance. (vi) All legal prerequisites to the adoption of this Urgency Ordinance have occurred. B. Ordinance. NOW, 'I PREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: section 1: The Council finds and determines in all respects as set forth in recitals, Part A, herein above. Section 2: The Council has found and determined that this Ordinance shall be enacted as an Urgency Ordinance, effective upon adoption pursuant to California Government Code, § 36937(b) on the basis of facts set forth in the Recitals, Part A, of the Ordinance. Section 3• Chapter 15.38 of the Diamond Bar City Code, hereby is adopted; provided, however, that said adoption 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 ref erence and amended by ordinance No. 3 (19 9 2 ) of the City of Diamond Bar shall continue to be applicable to substandard buildings, substandard structures and substandard property. 4 Section 4: A new Chapter 15.38 hereby is added to Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: "Chapter 15.38 "Building and property Rehabilitation "Sections: 1115.38.010 Building and Property Rehabilitation 1115.38.010 Building and Pro ert Rehabilitation - Adopted "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 15.38. 1115.38.020 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: 3 Adopted "15.38.020 Section 9902 - Amended 1115.38.030 Section 9902(g) - Added 1115.38.040 Section 9902(h) - Added 1115.38.050 Section 9904(o) - Deleted 1115.38.060 Section 9905 - Amended 1115.38.070 Section 9906 - Deleted 1115.38.080 Section 9927 - Amended 1115.38.010 Building and Pro ert Rehabilitation - Adopted "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 15.38. 1115.38.020 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: 3 11(a) Board defined. Whenever in this Chapter 15.38 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 15.38 the term Board of Supervisors is used, said term shall mean, and the powers and duties to be exercised by the Board of Supervisors shall be vested in, the City Council of the City of Diamond Bar. 1115.38.030 Section 9902(x) - Added. "Section 9902 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the addition of a new subparagraph (g) to read in words and figures, as follows: ,,(g) County Engineer defined. Whenever in this Chapter 15.38 the term County Engineer is used, said term shall mean, and the powers and duties to be exercised by the County Engineer shall be vested in, the City Manager, or his designee. 1115.38.040 Section 9902(h) - Added. "Section 9902 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the addition of a new subparagraph (h) to read in words and figures, as follows: "(h) county defined. Whenever in this Chapter 15.38 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. 4 1015.38.050 Section 9904(o) - Deleted. "Section 9904(o) of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is deleted in its entirety. "15.38.060 Section 9905 - Amended. "Section 9905 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the deletion of subparagraph (k) thereof and the addition of a new subparagraph (k) to read in words and figures, as follow: "Garbage containers and receptacles stored in front or side yards visible from public streets, except when placed in areas for collection not earlier than sunset of the day preceding the designated day for collection, and all containers and receptacles shall be removed from the place of collection prior to 10:00 p.m. of the day the containers and receptacles have been emptied. "15.38.070 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. "15.38.080 Section 9927 - Amended "Section 9927 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended to read in words and figures as follows: "Section 9927. The costs involved in the demolition or other work by the County Engineer, including in addition to other 5 costs the applicable processing costs as set forth in Resolution 91-54 (Fee Schedule), shall become a special assessment against the property. Section 4. Penalties for violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of the Ordinance. Any person, firm, partnership, or corporation to violate of any provision or fail to comply with any of the requirements of the Ordinance or the Codes adopted hereby. Any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes adopted hereby or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a 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 therefore as provided in this Ordinance. section 5. Civil Remedies Available. A violation of any of the provisions of the Ordinance or the Codes adopted hereby shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent N. 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 September 16, 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 7 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 8 03i27i19S4 12:25 0O%i Ci o `T�Vhi toter 13230 E. Penn 51rewl, Whittier, California 90802-1772 (310) 945.8200 1905 9b1 Geel F.01 r Bob L. Henderson Mayor Marck 25, 1994 Helen McKenna Randar Mayor Pro Tim Q1iPe:I�arul0u�► Mayor Pro 1bm - City of Diamond Bar Man R T.*ftff U139` 0 Co+noftember Diamond Bar, CA 91765 Dear Claus MiOhaei E 8uiisns CouncRmsmbsr I think everybody who had the, opportunity to atta d the symposium at Whittier College on March 18 tit 19 knows what a tremendous success that was. It was Janos R. Hanks really alcowaging to tee, not only so many elected officials singing off the Coundimamber vane Song sl4*, btn atso being so woader&1ly supported by the biologists who hltve sidled tine arta. c;°y ma Mw* Thosa.of us who had the chance to speak thought that it might be a good idea if each of the eider that is interested is fn naming this discussion adapted a resolution to empower a tbrmal continuation. The purpose of this interim ruolution woold be to start educating one eoundls and our citizens about the need fiar cooperative joint planning on this vital habitat area. We could then, posdbly, moved onto a formal JPA or conservancy in the near future in order to complete dee fbrmaliradw of this process. A number of individtall initiatives are moving ahead in ander to start acquiring some ttimding ibc some at rite property acquisition in the area, as well as posdW loading fbr the overall arta, and we can discuss that at our meeting in April: In the'meandme, if you have any thoughts, corre,adone, or additions to this puTosed drag, pleas give me a call, and we can discuss it. Hopefully, everybody will have a chance to get this adopted prior to the April meeting, if at all possible. I look+fonvar+d'to seeing you in April. Bob Ite►derson iklayot RESOLUTION NO. 94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPOINTING MAYOR GARY WERNER AND MAYOR PRO TEM CLAIR HARMONY AS DELEGATES TO THE WILDLIFE CORRIDOR CONSERVANCY STUDY GROUP WHEREAS, in recognition of the fact that the wildlife corridor running from Whittier Narrows into Cleveland National Forest and north to the Chino Hills is a unique and valuable wildlife habitat; and WHEREAS, a number of informational discussions have been held to think about ways to plan the area; and WHEREAS, in order to give legal authority to the various municipalities encompassing the areas outlined it is warranted to form a study group. NOW, THEREFORE, BE IT RESOLVED THAT the City of Diamond Bar authorizes Mayor Gary H. Werner and Mayor Pro Tem Clair Harmony to serve as members of the study group to explore with other cities in the wildlife corridor that runs through the La Puente Hills from Whittier Narrows into the Chino Hills and south to Cleveland National Forest the possibility of becoming a Heritage Lands area under Federal Government regulations, and to explore the opportunity for federal, state or other funding for the preservation of the wildlife corridor. The study group will not have power to bind this Council and is only appointed to gather information on possible future joint planning with other neighboring areas. PASSED APPROVED AND ADOPTED this day of 1994. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council on the day of , 1994 by the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - CITY CLERK City of Diamond Bar RESOLUTION'90-45H Page Thirteen Effective July 1, 1991, pan time, seasonal and temporary employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to $60,600. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. ADOPTED AND APPROVED THIS 19 day of April , 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 t 9 t h day of April , 1994, and was finally adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 12th day of Apr i 1 1994, by the following vote: AYES: COUNCIL MEMBERS: Miller, Ansari, MPT/Harmony and M/Werner NOES. COUNCIL MEMBERS: Papen -\BSENT: COUNCEL MEMBERS: None .A-BSTAIN : COUNCIL MEMBERS: None ATTEST: LYN-D'X M. BURGESS, CA Clerk of the Citv of Diamond Bar JOIN US FOR OUR NATIONAL LIBRARY WEEK * LIBRARY RE -DEDICATION AND RIBBON CUTTING CEREMONY When: April 19, 1994 12:45 P.M. Where: The Diamond. Bar Public Library 1061 South Grand Diamond Bar, CA 91765 Phone: (909)861-4978 County Of Los Angeles Public Library *A pri! 17 -23 RECEIVED 03/26 09:22 1994 AT 989-861-3117 PAGE 2 IPRINIEJ =A6!. c; - '0 714 860 1757 CDCS:GARY wERNER 4 -►4 DB CITY March 11, 1994 Rcfcr To: John Gili, LVER Honorable Mr. Gary Werner Maya, City of Dimond Bar 11640 E. Copley Drive Diamond Bar. Califomia 91763 Honorable Mr. Wenger: P02 The first full week in May is annually observed as "Hire A Vetetmo Week" in California Although rhe Employment Devetopdialt POP110" (FPD) ooatim %y Puts fosttl a canoortod effort to assist vetams in obtamit►g empfoyeasnt, during d" P U6014W PWiQ4 simud efforts are made to stress to emPlayOrs UXW gAhtios wbXl1 Marco fostaer nmca = and servicewomen good ca wio" for 9MOWYMOUL In kmong with this observance. we oak that you consider issuance of a proclamation► declaring May 1 dumgh May 7 , 1994 as "Hire A Veta= WOW in your city. 1P'laue feel free to call Mr. John clili if you lave any c] mdoo3 . Attacllod is a OPY of tbs petoclsi AdQu bmmd by Your office last year to rise as An example. V— rw+nnrLiw. -:u 1w. ss%1j lq a6►..a. "ems iu )wa nuW tu cvnW Mr. Dili, you can mach him by calling (909) 393-4901, exteneft 333. S ly. Olin Ki Manager Atch: Copy of Last Year's Proclamation &Wkymesc MveMVwm Dgwm w Wl50 Fart Amwr Hishwtiy/Prnrom CA 91767AW)993.4901 [ RECEIVED 03/Zb 09:ZZ 1991f Al' y0y db. _ -pias _ 714 860 1737 CDCS:GARY WE&NER 4 + DB CITY OW wm" VU so in At Am d/bm" a pwow owfmo&m ani W&MM n" worms xwn&* 60 VMm=-&a I IYBZM& W aw Pom *WW t*4 oM wd nab &M " amdkiwwAw mma"W" ON wo aftehmu Adr n wi tZ4 awk trod && */A* Cawo#wb Awkj w Dvan"m Mo l""m ad I Imm awdor,�tut -or "W"m to 4 Md" tM wWm a wW ft au *nod favi to P VMW# dwkyrr wtww" aid How►. xll8#i1 RB 88 lr 1tR4atvgq, dY.r dw Coq Of Dkeod Abr *W Mai!► 194 w •MM-A-vm on l ail.rV by -1 11Nf laior, w ad Oaf tok ddWrrr so Mm. ("I 4o POJ MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 23j 1994 1. CLOSED SESSION: 6:00 P.M. 2. CALL TO ORDER: M/Werner called the meeting to order at 7:00 p.m. in the AQMD Board Hearing Room, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Ansari, Miller and Papen. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Development Director and Lynda Burgess, City Clerk. 3. PUBLIC COMMENTS: ICA/Montgomery indicated that matters acted upon at the last meeting should not be discussed again which would include Public Comments and Council Comments. He explained that a motion would be necessary in order to re -open Public and Council Comments. It was moved by M/Werner, seconded by MPT/Harmony to allow for Public Comments. Motion carried unanimously. Red Calkins, 240 Eagle Nest Dr., complimented the profession- alism of the Building and Safety Department during an inspection recently conducted at his home. Michael Lowe expressed concern regarding the bickering taking place among the City Council Members and in regard to the approval of the agreement between D.B. Associates and the City settling the lawsuit. Michael Snyder, 1100 Pepperwood Dr., expressed concern regard- ing traffic on D.B. Blvd. C/Miller and C/Papen left the meeting at 7:40 p.m. C/Papen returned to the meeting at 7:45 p.m. MPT/Harmony, responding to a comment made by C/Miller regarding the DBA litigation, asked ICA/Montgomery if the issue of a formal apology was ever discussed in Executive Session in order to settle the lawsuit. ICA/Montgomery stated that, as the City Attorney, he cannot reveal what was discussed during an Executive Session. MPT/Harmony then asked the other Council Members if the idea of preparing a formal apology to Council Members Miller and MARCH 23, 1994 PAGE 2 Papen was ever considered. ICA/Montgomery, in response to M/Werner, stated that the Brown Act provides that such matters discussed in Executive Session be kept confidential; however, there is no penalty for such disclosure. MPT/Harmony pointed out that negotiations to settle the DBA lawsuit was hindered by the condition requesting apologies from DBA to Council Members Miller and Papen. C/Papen, concurring with the validity of some of the comments being made by MPT/Harmony, requested that the Mayor. open Council Comments. C/Ansari moved, C/Papen seconded to open Council Comments. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Papen, Ansari NOES: COUNCIL MEMBERS - MPT/Harmony, M/Werner ABSENT: COUNCIL MEMBERS - Miller M/Werner stated that Public Comments would be reopened at the end of the meeting. 4. COUNCIL CONMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 5.2 5.3 5.4 5.5 Parks & Recreation Commission - March 24, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. Hazardous Waste Round -up - March 26, 1994 - 9:00 a.m. _ 3:00 p.m. - Gateway Corporate Center, 1300 Block of Bridge Gate Dr. Planning Commission - March 28, Auditorium, 21865 E. Copley Dr. General Plan Advisory Committee - p.m. - Heritage Park Community Canyon Rd. City Council Meeting - April 5, Auditorium, 21865 E. Copley Dr. 1994 - 7:00 p.m., AQMD March 29, 1994 - 7:00 Center, 2900 S. Brea 1994 - 7:00 p.m., AQMD 6. OLD BUSINESS: 6.1 GENERAL PLAN ADVISORY COMMITTEE MEMBERSHIP AND VOTING RIGHTS - M/Werner reported that the matter was continued from the March 15, 1994 meeting for discussion regarding a concern whether the five members of GPAC representing developers should have voting privileges. He stated that he received a written response from Bernie Mazur, a developer representative of GPAC, as well as a verbal response from another developer representative of GPAC indicating their willingness to voluntarily relinquish their voting rights as long as they may continue to have MARCH 23, 1994 PAGE 3 the opportunity to speak and share their concerns with other members of the GPAC. M/Werner expressed his desire to continue the General Plan process fairly and equitably to all parties, with a special emphasis to meet the desires of the citizens of D.B. C/Papen moved, M/Werner seconded to accept the resigna- tion of Bernie Mazur as a member of GPAC, reducing the number of developer representatives to four. M/Werner stated that he did not perceive that Mr. Mazur intended to relinquish a voice on GPAC, but merely offered to suggest that the vote was not as important as the ability to express their concerns. C/Papen amended her motion that the Council accept Mr. Mazur's offer to relinquish his vote, reducing the remaining number of votes of the developer's represen- tatives to four. MPT/Harmony moved to amend C/Papen's motion to indicate that the developer's representation be reduced to one representative, thus granting only one vote on issues regarding the General Plan. M/Werner inquired if changing the General Plan process at this time would require a re -vote of all the issues pre- viously discussed. C/Papen, opposed to re -making prior decisions, pointed out that the Council had concurred last meeting that the make-up of GPAC should remain the same until the conclu- sion of the review process. She stated that it is in- appropriate to change the make-up of the GPAC at this point; however, since one developer has expressed his willingness to relinquish his vote, then the Council should accept the offer. She pointed out that, had the General Plan been brought to ballot, the election would have been held by now and the issue resolved. M/Werner withdrew his second to the motion made by C/Papen to accept Mr. Mazur's offer to relinquish his vote, reducing the number of votes of developer's representatives to four. ICA/Montgomery noted that MPT/Harmony's amendment to C/Papen's motion failed for lack of second. Bernie Mazur, concerned that C/Papen misinterpreted his letter, pointed out that the end of his letter indicates that DBA would support the Council's efforts if they desire to eliminate the vote of the developer, and that he too would support that decision. In regard to the suggestion that only one vote be allowed per all devel- opers, he pointed out that each of the developers on GPAC MARCH 23, 1994 PAGE 4 have differing objectives and considerations; therefore, it would be difficult to decide which develop wuld cast the vote. cerned M/Werner inquireif evelopersil should be representative nmay ca t as the one appointed vote in his/her interest. ICA/Montgomery stated that since GPAC is strictly an advisory body and not a decision-making body the Council does not need to be concerned with having one appointed developer representative. Dan Buffington, 2605 Indian Creek, indicated that he has and has not attended all GPAC meetings as an observer, rver, aa however, observed any GPAC members voting appropriate to since appearances are important, it may be appro P change the revision process. Max Maxwell questioned when it was decided that the developers would have voting privileges to begin with. He expressed concern that the review process is being hurried along and that GPAC is not being allowed to t at uthe lly discuss issues before voting. He suggested voting privileges of all the developer'sa continue presentatives be suspended, allowing them, however, to speak on the issues. He also expressed concern that the Council needs to aaress the d slow developments desire to protect the environment Steve Nice, Rising Star Dr., expressed support of suspending developer's voting privileges. Terry Birrell pointed out that the resident's "vision" for the City is being lost to the rights of developers. She noted that some individuals are classified as devel- opers when they are really speculators, owning land zoned open space but desiring to create development rights through the General Plan process. She stated that, only is there a disproportionate representation on the GPAC regarding the ratio of citizens being represented, but there is also a disproportionate representation in respect to technical expertise. She ofsuggested t that recthere needs to be an independent point nd alternativec ° technical olonsne being offered would be acceptable cpfables everynelponsetoC/ Miller's comment at the last meeting that cities often have non-residents serving on a GPAC e n stated that that he rshe on the City of Monrovia's GPAC, tion and was called the City of Monrovia for verifi rocess for the informed that they did not have a GPAC p General Plan; therefore, C/Miller could not have served on that committee. She then stated that the Council's responsibility is to the voters of D.B.,regardless what other cities do. MARCH 23, 1994 PAGE 5 Gary Neely, 344 Canoe Cove, expressed his opinion that the General Plan process is moving along successfully, though slowly, and positive changes are occurring. He an he vin stated that he in decisions or developers taken ong the undue influence issues; therefore, there is no need to change the make -UP of the GPAC at this point in time. M/Werner asked staff to explain howit was decided GPAC that there would be the five voting to represent developers. CM/Belanger stated that there was discussion t Janof uary 1994 Council meeting regarding the PAC and the involvement of property owners and how they might be represented. M/Werner inquired if a change in the voting composition fi of GPAC at this apoint would lso inquired f invalidate would need to be previously. He be GpAC input from the members of composition before of the committee. is made to alter the voting comp ry stated that since GPAC is an advisory ICA/Montgome committee, the City Council can amend the policy suspend the committee at any time. C/Papen expressed concern that a Planning Commission representative on the GPAC had participated in evotinggaon issues at the last GPAC meeting, which may dized his position to be able to vote at the Planning by Max Commission level. In response to a comment misework ng Maxwell, C/Papen pointed out that the City rox- toward open space objectives an aches at non co t pfrom imately 380 acres for open space Bramalea. MPT/Harmony pointed out that the property referred to by C/Papen was actually deed or map restricted land. e then stated that since the old General Plan was ftoawed, with no respect for map restrictions or anything S7 already dedicated, it could not serve the open space vote,If it was brought to a have gone to a vote. e'have been brought back for further would most probably revision. M/Werner, in response to the concern that a Planning Commissioner had voted on issues regarding d not count the General Plan, stated that staff indicated that they any votes from individuals who were not authorized voting privileges, except for the one Planning vote on whether there should be a meeting held on March 29, 1994. C/Papen stated that the issue is not whether or not the MARCH 23, 1994 PAGE 6 vote was counted, but rather if a Planning Commissioner appeared to vote, thus swaying decisions and tainting the process. She expressed concern that the City continues to lose money and jobs because the General Planr s continues on and that the School District is in jeopardy y of losing millions of dollars needed to construct the South Pointe Middle School. RECESS: M/Werner recessed the meeting at 8:35 p.m. RECONVENE: M/Werner reconvened the meeting at 8:45 p.m. 6.1 GENERAL PLAN ADVISORY COMMITTEE MEMBERSHIP (CONT'D.) - C/ Ansari, concerned with the bickering occurring during Council meetings, assured the audience that GPAC meetings have been conducted on a professional level with people of differing opinions respecting one another. She stated that the only voting she noted that was done by a Planning Commissioner was whether or not to place an item in "the box", which is a term used to indicate that the item needs further discussion at a later time. C/Werner expressed his opinion that there had not been any undue inf luence on the part of the developers who are voting members of GPAC, nor have they influenced a decision to go in their favor by the use of their five votes; however, since GPAC is a citizen based committee, then he would concur to suspend the developers voting privileges. M/Werner moved, MPT/Harmony seconded to have the five delegatesdevelopers represented as non-voting GPAC. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ Werner NOES: COUNCIL MEMBERS - Papen ABSENT: COUNCIL MEMBERS - Miller 6.2 ENGINEERING ASSESSMENT SERVICES CONTRACT FOR LANDSCAPING ASSESSMENT DISTRICT NOS. 38, 39 AND 41 - CM/Belanger reported that the City must secure the services of a qualified engineering firm for maintenance of public improvements by special assessment upon lands within the District Nos. 38, 39 and 41. He recommended ward of Assessment contract to GFP Friedreich & Associates. MPT/Harmony expressed concern that the specifications in the RFP were expressed verbally, rather than written, which could create a problem if one requirement is not icant. He repeated to hatthe thenext rocesslwas flawed,stated that the proposalsnce it should t p not be accepted this evening. MARCH 23, 1994 PAGE 7 CM/Belanger stated that verbal RFPs are not uncommon in the industry, especially when the nature of the work being requested is one set forth by the Governmentals, from qualified odor He explained that the verbal RFP was a request firms in written propos engineering the fields, based upon the description of the nature of the work needed in the City. MPT/Harmony, concerned with the concept of using verbal RFPs as an operating policy, stated that he received competing firms indicating that they did complaints from not receive the same information that may have an influence on a proposal. He then inquired if the recom- mended proposer is the low proposer. ICA/Montgomery stated that the ordinance cu renalontl with g place in is being revised to include services, all supplies and materials, so that in the future, non-public works bids will have a written RFP. He stated referable; however, it is accept - that a written RFP is pable to continue with the current process until the revision of the code is completed. CM/ Belanger, in response to M/Werner's inquiring if there are any time constraints involved, stated that the engin- eering staff indicated the need to complete the engin- eering report for the Council's review as soon as possible. C/Papen, not that the numbers in the March 15, 1994 staff staff report differs from the number the recommended in this report, expressed concern that it app f irm was given the opportunity to come back with a bested offer in order to be awarded the contract. She sugg that the contract be awarded to the lowest bidder indi- cated in last meeting's staff report. CM/Belanger stated that staff recommended the same firm is firm at the last meeting and is still recommending this meeting. He stated that it is within thintent ower the spirit of the law if the proposer is willing toa not proposed price. He pointed out that price supposed to be used as a basis of selection for these types of proposals. ICA/Montgomery stated that staff chose the firm they felt was the most qualified and that since the process is currently being revised, there is no reason not to move forward with this contract. CM/Belanger, in response to MPT/Harmony, stated that the contract can be awarded for a one year period, instead of a three year period; however, a three year contract is beneficial in theent it kees e cost down in neer s a e familiar with uthe . data years because g MARCH 23, 1994 PAGE 8 and the rates are kept constant for that three-year period. John Friedreich, that he would be $7,200. ICA/Montgomery stated that, with a one-year contract, the proposer is free to re -bid for the second and third years. en stated that she does not question the qualifi- C/Pap cations of the firm, but rather staff's actions after receiving direction from the Council at last week's Closed Session. C/Papen moved, C/Ansari seconded to award the contract to GFP-Friedreich & Associates in the amount of $2195096 and Plus a contingency of $5,000 for fiscal years 96-97. Motion failed by the following Roll Call vote: with GFP-Friedreich & Associates, stated willing to accept a one-year contract at AYES: COUNCIL MEMBERS - MEMBERS Ansari, Papen M - MPT/Harmony, /Werner NOES: ABSENT: COUNCIL COUNCIL MEMBERS - Miller M/Werner moved, MPT/Harmony seconded to approve the contract with GFB-Friedreich & Associates for one year in the amount of $7,200, revisiting the contingency issue as it becomes necessary; and direct staff to solicit a proposal process for the following years. with the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ Werner NOES: COUNCIL MEMBERS - Papen ABSENT: COUNCIL MEMBERS - Miller 6.3 BUSINESS RETENTION, AatCT&nOPMENT t ACM/Usher reported that the council received he the actions for following: a memorandum outlining busretention, attraction and development; a D.B. ai ss He retention survey and a D.B. consumer question. esti planned: e reviewed the following variety f visit to local business owners and businessproperty erty owners to discuss how the City can help them successful; streamlining the business licensing process; the development of a welcome wagon programafor both existing businesses and residents; City; a community marketing services or products in the City; program in cooperation with the community Chamberof contacting working with the brokerage commuunity potential businesses; investigating the activation of a redevelopment agency to study the feasibility of pro- viding financing and other redevelopment services; establishment of an industrial development authority for MARCH 23, 1994 PAGE 9 financing purposes; emphasizing the need to adopt a General Plan that has a community consensus; providing information regarding local financing incentives; facil- itating the dissemination of information from the California Trade & Commerce Agencies; providing infor- mation from utilities and other governmental entities which are of use to business; providing a desk top computer to the Chamber of Commerce for the business retention and attraction project and for general purposes; developing a team of representatives from the City, in conjunction with Chamber of Commerce members, to go out and visit each business to ask questions on the survey; and a random. telephone survey asking what is good and what can be improved about the business community and the services provided by the City and the Chamber of Commerce. Cathy Cook, 21660 E. Copley Dr., Suite 350, President of the D.B. Chamber of Commerce, thanked Council and staff involved in developing the Business Retention, Attraction & Development Program. She then expressed concern with the Council's bickering, the indecisiveness and the vacillation of the Council's actions and its effect on the community and the business community. C/Ansari stated that, with the help of ACM/Usher and the Chamber of Commerce, in the best interest of the City, a proactive plan has been developed to help the business community. C/Papen expressed concern that $150,000 to $200,000 would be needed to implement this program, yet only $25,000 was budgeted for economic development. She stated that approving a program without funding would accomplish nothing. She then expressed the following concerns: half the businesses in D.B. are home-based and not located in commercial centers; there has not been Council discussion regarding a redevelopment agency and it is not feasible to buy a computer for the Chamber of Commerce before the programs are set up. She suggested that issues regarding development should be dropped from the agenda until after the General Plan is adopted. C/Ansari stated that the program is simply a general objective and goal plan, not a program to establish a redevelopment agency. She explained that the reason for providing the Chamber of Commerce with a computer is to set up a network enabling them to access City Hall and local realtors. M/Werner, concurring with C/Ansari, stated that the program is being presented as a conceptual outline of what is being advocated as a starting point for economic development in the community. MARCH 23, 1994 PAGE 10 C/Papen suggested that the City focus more on marketing On-line system; the capacity for satellite the City and the communication ding st t onsthe aatlthe AQMD available for alternative fueling public use. She stated that the committee's ggwith should delete the development target areas dealing redevelopment areas, project areas and finance. udget all ACM/Usher stated that a tions isere lneededl to becient bdone in rthis of the foreseeabledcifically to fiscal year. He stated earthat 1994-95 will be brought before be taken in fiscal y ro riation in the annual the Council for specific app Pthat it budget for economicdevelopment to also least stated consider would be short-sighted investigating some redevelopment actions. MPT/Harmony stated that it is in the City's best ine rest to support this action program and encourage to the community. Frank Dursa, 2533 Harmony Hill Dr., expressed concern that developers charge high rents for those hich businesses creates wishing to be established e t d thein Cityy the Chamber of vacant centers. He Sugg problem. Commerce approach the landlords regarding this 344 Canoe Cove Dr., expressed the following Gary Neely, poorly funded; the effort concerns: the efforts are lacks concise goals, objectives and strategies; there is an ill-defined scope of work; there is no schedule for completion and there is a confusing chain of command. ve that the However, he stated that it is imperat with the ChamberCouncil build a better working relationship Commerce, the business community and each other and that et started with an economic development the City g program. program. He urged the Council to endorse the p 9 Max Maxwell expressed support for the Economic Development Program. C/Papen suggested that staff be directed not to spend any more money or suspend further action in the field of development until the General Plan is adopted. ACM/Usher pointed out that it is not possible to adopt a redevelopment project without a valid General Plan in place. He stated xPpended given the expected anticipated fnds w111 time frame for the General Plan process. M/Werner suggested that the adoption of the General Plan be placed first on the list under development. The Council voted upon the motion made by C/Ansari to MARCH 23, 1994 PAGE 11 approve the business retention, attraction and development program and provide conceptual approval ontinued action regarding a business retention program. C/Ansari moved, MPT/Harmony seconded to approve the Business Retention, Attraction & Development Program and val and continued action regard - provide conceptual approing a business retention program: With the following Roll Call vote, motion carried: COUNCIL MEMBERS - Ansari, Papen, MPT/Harmony, AYES: M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.4 MID -YEAR BUDGET ADJUSTMENTS - CM/Belanger reported that the Council adopted the FY 1993-94 Budget on June 15, 1993 and approved Budget Amendment No. 1 on November 16, which adjusted the adopted expenditure projection 1993, 810,000 million and the proposed from $8,579,000 to $8, milli et revenue to $9,644,000 on. He stated that tern gof Amendment No. 2 proposes an expenditure p enue pro - $10,80. n n over what lwas fproject d at the end of the fiscal icant difference in rev yearyear. He highlighted the following significant changes of the budget: a property tax allocation adjustment from the County resulting in additional property tax revenue for this fiscal year of approximately $927,000; a reim- bursement of $503,000 from the County for the 60 freeway enhancement project; a transfer of funds from the reserve fund fund of the General fund of approximately 333, 000 toextraordinary expenses as indicated in the staff report; a salary and benefit increase of 3.5% for Cityemployees; the reclassification Re c ti ns Coordinator to provide e a variety of creation of a Community Relations done by consultants; funds for pro a services currently lit element; the creation grams to complete the air Pro A funds subsidizing of a subsidy program usinngg P d rail services to the general passes for transit an public and students, seniors and the handicapped; a in the restructure of the revenue and expend the res allocation Integrated Waste Management Fund reducing im le - or the next fiscal Y of the Asst. City Manager's time and additionallyefor SRRE mentation measures frove programs. He recommended that the Council app Amendment No. 2 to the FY 1993-94 Municipal Budget. C/Papen moved to approve Amendment No. 2 to the FY 1993-94 Municipal Budget, except for the personnel recommendation regarding the 3.5% salary and benefit increase. She pointed out that approval of the 3.5% salary and benefit increase d benefits means that the in a tthree given a 12% increase in salary considering current time period, which is inappropriate economic conditions. MARCH 23, 1994 PAGE 12 C/Ansari suggested that discussion on the salary and benefit increase be held over tothe iate meetiinforng because she did not receive all the app p n. C/Papen's motion died for lack of a second. MPT/Harmony moved, C/Ansari seconded to approve Amendment No. 2 to the FY 1993-94 Municipal Budget, except for the personnel recommendation regarding the 3.5% salary and benefit increase pending further of personnel Committee. tion by the Finance Committee and/ With the following Roll Call vote, motion carried: COUNCIL MEMBERS - Ansari, Papen, MPT/Harmony, AYES: M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Miller 2. PUBLIC CONKENT 8 CONT'D.): Max Maxwell suggested that the issue regardingthe Da A rand oprithe at ly. o Council Members be made public and clarified pP Special Counsel, Leonard Hemple, of Rutan and Tucker, representing the City in the DBA lawsuit, advised that settlement discussions should be conducted in Clo�oe waive the Sessionr and that it would not be advisable for the City attorney/client privilege until there is a settlement that can be presented to the public. He explained that waiving the attorney/client privilege and disclosing negotiation dis- cussions before there is an agreement retards the agreement from making progress and puts the City at a disadvantage in terms of negotiating. M/Werner inquired if the council would be entering into Closed Session with the opposing pa Mr. Hemple stated that the Council will not be entering into Closed Session with DBA. He explained that it is andn uncal the for both parties to enter into Closed Session, there is no opposing counsel is invited into Closed Session, longer an attorney/client privilege. stated that there is a need to get to a point MPT/Harmony ears to be a where both parties are talking because there app misfiring of communication in this case. He expressed concern that the issue is becoming politicized. Mr. Hemple stated that he has never commented to the press or to anyone else regarding this case. He etween him and indicated there has not been any difficulty have had opposing attorney, in communicating though they difficulty somein reaching an agreement; however, which will be disclosed in Closed progress has been made Session. MARCH 23, 1994 PAGE 13 7. ANNOUNCEMENTS: MPT/Harmony expressed his objection to convening to Closed Session. C/Papen stated that she requested Council Comments prior to adjournment. She expressed concern that the School District may lose $8 million in matching funds for the South Pointe Middle School unless the City takes action allowing them to move the dirt by April 20, 1994. She suggested that staff be directed to renotice the public hearing on the South Pointe Master Plan to discuss the issue on moving the dirt. M/Werner pointed out that the motion to open Council Comments failed 2-2; however, C/Papen's announcement is so noted. 8. CLOSED SESSION: Litigation - Government Code Section 54956.9 - Diamond Bar Associates vs. City. M/Werner adjourned the meeting to Closed Session at 10:46 p.m. M/Werner reconvened the meeting from Closed Session at 11:15 p.m. ICA/Montgomery reported that the Council approved 3-0 the final proposal submitted by DBA for reconsideration of vesting Tentative Tract Map No. 47850. MPT/Harmony requested that the City Clerk make paragraph 2 of the settlement agreement, as read by Mr. Hemple, available to the public tomorrow. Council concurred. C/Ansari stated that the settlement to reconsider vesting Tentative Tract Map No. 47850 was done in the best interest of the community to end the $123 million lawsuit against the City. Dennis O'Neil, attorney representing DBA, indicated his concurrence with the revisions of paragraph two as read by Mr. Hemple. He expressed appreciation for the cooperation received from Mr. Hemple and from ICA/Montgomery in the negotiations. M/Werner stated that, for the record, he and MPT/Harmony received campaign contributions from DBA. He requested clarification from the City Attorney and Special Counsel if those campaign contributions would in any way affect their ability to act on this settlement offer. ICA/Montgomery stated that Special Counsel previously researched the matter prior to M/Werner's and MPT/Harmony's involvement in the settlement discussions. He stated that he concurs with the conclusion that the contributions made do not affect M/Werner's and MPT/Harmony's ability to act on this settlement offer. Mr. Hemple confirmed that no commitments were made in terms of receiving those contributions that had anything to do with the MARCH 23, 1994 PAGE 14 litigation or lawsuit. M/Werner stated that, while he has had several conversations with members of DBA, he has not had any meeting with them in which they had negotiated any aspect or discussed any aspect that would lead toward settlement. 8. ADJOURSKENT: With no further business to conduct, the meeting was adjourned at 11:24 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated April 19, 1994 has been audited approved and is recommended for payment. hereby allowed from the following funds inthese amounts:.ents are FUND NO. FUND DESCRIPTION__ _AMOUNT 001 General Fund 115 Integrated Waste Mgt Fund $275,099.41 118 Air Quality Imp Fund 91.53 125 CDBG Fund 1,900.00 138 LLAD #38 Fund 208.81 141 LLAD 041 Fund 526.79 250 CIP Fund 28.54 22,387 95 TOTAL ALL FONDS $300,243.03 APPROVED BY: f� tj Linda G. Ma son Accounting Manager Clair W. Harmony Mayor Pro Tem E Eileen R. Ansarl Council Member I N T E R O F F I C E M E M O R A N D U M TO: Mayor Pro Tam Harm�omy and Council Member Ansari FROM: Linda G. Nagnuson�, �/A�cccuntinq Manager SUBJECT: Voucher Rogister, April 19, 1994 DATE: April 13, 1994 Attached is the Voucher Register dated April 19, 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. RUN T�E/l4/23�;�/p4 *^* -it ^ vJUCHER REGIS7ER jJE VENDOR NAME vEnuUM lb. _�"�un,___���.T%'NO_BA�H_��LlNE/NO. E:TRY/DUE ��3�CE FTIOw * ` F�FATJ ^ -,-_________----_________�nuum _ __DATE ____��E� A7� r +)0|'4V�f_�'2�� �r4r 34u;"t S4/19 e r.�-AL DUE China . AmerAr *oV -40-95 _,4���V2968� ^'^~,u 65.4O TO�4 D�'E VENDOR ----> 65 40 "msari. Eiles' onsar:E 540419B o*/l? 7J7 -k �58E VENDOR -------- *rmentomt' ^0O1-444O'4V4O 404'yS �nJ1'4444'40�0 91/�773 4 �4193 Vi/1773 O4/`2 9 "'BGS 'P,94 04/�2 04��9 ^ '^ EmerCoordSvcs-?/28-4/8�4 673'O0 T3TAL �� yEENDOR ----> 4��afnia, Linda 1071 ��'Nm'VV �0l__3478 IrA o�/1� �ylY l0345 �Cr*ation ReFuna rOTAL R ----> 22 50 3ar osa Garcia & 8arnes Bar oa ' `*ol'4V20'4021 � `4 PP - wp/12 O4/19 LegalS,cc-DBA vs Papen 11S2.00 TOTAL'VENDOR ' ---'/ 32'O0 �e City of 4 ` BreaCity '2'*��'53C� 4 40419B 0Vl687 04/12 04/17 yPrd -creation Services 26,7 q.3V _ TOTAL XE VEWDOK -------- ---am am °.Q-�478 JJ 40419A 04/112 04/1Y 10227 �sre-�on KeFut VENDOR ----> -�/aCay'. Ravniond -al 78 0O ' �0�23VV-1ND � � �41?B HL 4'4-_ C E aLN, T ME- 4 __ r_)4 3 DUE ThnU..............4 4 VEW, NAME VENDOR ID.DATE ACCOUNT PR:Ou.TX-NO BATCH PO.LIfE/NO, ENTRY Tut 7NV'i! E EEOC:=�� AMOUNT ------------------ --------- -------------------------------------------------------------------------------------------------------- -astellano ----------------------------------------------------------------------- -astellanos Rosa 1119 34 40419A 04/12 04/14 10241 Recreation Refund L-00 #001-3478 TOTAL DUE VENDOR --------> 29.00 Chang, Rita *001-3478 1072 24 40419A 04/12 04/19 10653 Recreation Refund 21.00 TOTAL DUE VENDOR --------) 21.00 Charles Hewitt HeWittC 0112 04%14 SEATACMtg12/3/931-FER92 0, 106.00 *o01-2300-1011 4 404190 TOTAL DUE VENDOR -------- } 100.00 utast Landscape I,uastLar!d 6 C. YV419 ijl a.- . 04/12 04/14 `:,0t, Prof 5.cs-=0 EwYPr0j-Apr :}V:+a-4.NG-JJ•_l. 'mast Landscape ;as.Land ;:� �� - c.nt s, _-;_; ,.nyrro -Mar �,cro.75 TA r,:. -. ., c 27 7c ast-anuScaPe r } { t:4, = =�1; -.,. . ,R,n' . Fwy-ref5vc5 � ,:•. .77 TOTAL DUE ':'ENDOR --------} 2� 494 „ rmunity Industries CemR^du_t 2 404i9F t 04/12 04/14 .,_: r e ! 3 -_h Witter Abate nt 809.44 .-d55�_55�)`. _ 7_«i - 40 12 meed Ahate,e. -Der- -March Y, I LIU ,R�i nl 3Weep:?y =erviC CORD15pOsl :weep 5 c5 '?t13,77 4,'.419B 01/1776 1"4/1 c.4J19 Iunitr aweerlma ;:er. �) If�l' A - F-SWepn. SVCS 44LL� -'-eP_t 'OT L DUE JEJDOR--------} 6,;'x:,49 RLN TIME: 14:23 04;13/94 _ E iuE `r:.Pv....... ...... SUE _ VENDOR. NAME VENDOR Iii. FRE= ID r ACCOUNT r;CL.T;(-NO BATCH PO.LINE/NC. EN'PY, .; E E � - Tut AMOUNT DATE ------------------------------------------------------------------------------------------------------------------------------------ J4mputer Applied Systems GAS 001-40" 0. ., - 4_:4 _omputerland of D. B. Cmptrand 01-4f �_0 4 40419b Engineering D?-JEngi,e * 01-42--'-5201 = 404! 9B v01,-4220-5201 '2 40419B j,1-4220-5201 4 4:1141198 D. B. Chamber of Commerce DBChamber *001-4010-2325 9 40419F #001-4030-2311 2 40419F :avid berry berrvD i= 01 54041: _iamond Bar Business Asoc DBBusAssoc 4 _-. 2 u .es TOTAL DUE VENDOR -------- 04/12 N/1'- ''4x;-003 04/12 04/19 94R -016 A '4/' 2 14' 9 ''4S -11x1114 Inspection Syes-March P1nChk;'BdigSvcs-March F'IanC`KSvca-Before Oct 93 TOTAL DUE VENDOR -------- 04/12 04/19 Award Ceremony-Ansari 04/112 04/19 Award Ceremony -Usher TOTAL DUE VENDOR --------? ?4/12 04/19 01-4090-2140 3 404198 04/12 04/19 „601-4090-2140 4 40419b 04/12 04/19 Ol-WO-2210 2 40419B 04/12 04/19 Cw1-4090-2210 3 40419B 04/12 04/19 001-4090-2210 4 40419B 04/12 04/19 Diamond Bar Junior Womens DBJrNaws #001-2300-1002 7 40419B Diamond Bar Petty Cash PettyCash #001-3472 4 40419A X1-3476 1 40419A *001-3478 35 40419A *001-4090-2110 3 40419A *001-4090-2325 3 40419A *001-4095-1200 2 40419A *001-4210-2325 2 40419A *001-4210-2330 4 40419A 04/12 04/19 04/12 04/19 04/12 04/19 04/12 04/19 04/12 04/19 04/12 04/19 04/12 04/19 04/12 04/19 04/12 04/19 SEATACtit g 12, 3 %93-FER. 2-i i _; TOTAL DUE VENDOR ------- March Rent-Ste190 April Rent-Ste190 MarCommAreaMalnt-Ste190 AprCommAreaMaint-Stel90 Lock: Changes -Jan TOTAL DUE VENDOR -------- Refund Deposit-HrtgPrkCtr TOTAL DUE VENDOR -------- Recreation Refunds Recreation Refunds Recreation Refunds Credit Card Fee Mtg Supplies -Gen Govt Coon Promotion Supplies Ping Mtg Ping Conf .4] .4P 16,800.34 16,800.34 135.00 18,9219.01Q 40,00 40.00 80.;;n 1tlo,03 j 100.0:) 5,7017.80 5, 707,80 702.00 702.00 130.00 12,949.60 100.00 100.00 19.00 04/19/94 0000021523 10.00 04/19/94 0000021523 246.25 04/19/94 0000021523 1.00 04/19/94 0000021523 47.57 04/19/94 0000021523 16.24 04/19/94 0000021523 2 95 04/19/974 0000021523 5.28 04/19/94 000002152:; �i amcr� RUN TlME�14.23V4/13.,`_;4 ��uCHER 6EG��TE� ZE r��.............(w��»�� VENDOR NAME VENDOR 0. o v "�E;sAlD , * o . �amond Ear Petty Cas pp�tyCos (COuTIwUED� '435O'l�� 04/12 04/19 72 72 O4/�Y/94 �N��1523 Sr Ft on. 5O'OO V4/19/94 000;(— 2 TOTA PREPAID AMOUNT --> 4�7.Of T3TA' DUE V[ND0� ----> �.V0 �1amon Bar Pecty Cash �ft��sh ^w:i .4 ."" 4 YE �0l'4040 2325 1 4419E ^/O{'4O90 l�0 5 4*'419E ^g1'4210'2200 l 40, 9[ �01- 4210'4220 0 40419E 4r'419E '0V '*210'11V0, 3 ".419C 31/1791 3 40419C �v17Y� *0N'4 21VV 240, 410,C27/��1 441 2W 1 4:0419C 4V�19C �4l7'L �V179| 4 4i.4�9C �� cederal Credit Union F&ACre itU 40419A 'jr-4 Inters ile Bam� FirstInter �rst 7n�ers ate �mk Firslnter �N1'4O3�'2310 � �4�9A (4 Mtg-CMgr 21.85 04/12 O4/�v Cty C�erk 1tg 5.75 �i12 C; 4 9 Supplies -Gem Govt 34.54 �J�3 O4/1Y Maint'P�ng 4.05 ��12 �V19 GPAC �g Supplieo 12.37 V4/12 O4/19 Park raint Suppl1ss 10.O6 12 04/1? O�2�748SY �yl2 wV�9 012074893 {�/12 .4 2 27r�o22 04/19 012�8015.4, U4/12n4/19 Q 12 Q 4 /19 O| Supbe'Plng Sup lies -Gen Gov LPpliGs'Ping ^JrawerLegalFile'SheriFfs S L Pplias-EngrImwks �upplies-�gr Suppl�es-�m Govc 04/12 04;19 Credit Union r�T4 PP PAID AMOUNT --> 04/ 12 04/'9 TOTtL FREPA{D AMOUNT --> T7AL LIE VENDOR ---------- -4 '1- n]�� �E VENDOR ----` 15.72 27.15 100.13 16. 95 9.00 4SE3.Sm 2.010.00 V4/19/94 0O00021519 2,0]O.00iJ. VO �fI9y7�4 00000215�v 31.21 l7.61 �/19/94 0000024515 ^*` Cz�y oF Jiamord 8ar *+' PAGE � PUN TlME: i4:23 V4/13�� � O !1C H E R R E G I S T E R DUE THRU.......... ...0^/19/94 F-NNOR NAME VENDOR ID' - o ^ PREPAlC ' ` DAT _ACCOUNT____pROJ.TX�0_DATCH_PU.LlNEM0. __E�7 ENT yi�£ ______^_____`___________________________ 7­� �scerot��e �anx =i-z-tInte'5/94 0000�2�5�4 ' ��erner TOT� 'PEP A � AMUUNT --} 20.35 T3T AL DUE YENDOR ----> V.V0 Fl�� Call *0N'--'2130 Fl��CaD J �41YC ��i2 �19 2 �� ��in Sa�'Marcn 158.55 TOTAL DUE VENDOR ----> 158.55 Froebp Jamie '3478 ` - 1�� 27 40419A 04/1204/19 10283 Recreation Refund4O.0O TOTAL DLE VENDOR ----> 40J0 G &STrophy Co` G&GTrophy y �\n. 05/1654 04/1204/1Y 0968 Tmphie'VlyWl ,BseBall 58.99*001-4350-1200 TOTAL DLF VENDOR ------> 58.99 GTE California GTE 17.34 *001-4040-2125 3 40419C 04/\2 V4/19 Modus Svcs TOTAL DUE VENDOR '-''--> 17.34 -TE California J;/ 40Y0'2125 GT[ 4 40419C 04/12 04/19 'I'llarck 3en Phone Svcs 2`115.07 TOTAL DUE VENDOR ----> 2,115,07 TE California �01'4V40'2�25 �T E 4 40-4119C04/12 04/419 wodum Svcs 16.46 TOTAL DUE VENDOR ----> 16.*8' ]TE CaliF.ornia GTE 2 404140419C04/12�� �12 04V19 Emer Pre Phone SVCs 38.1G °0V4'�440'2125 37AL DUE VENDOR ----> 38.\8 '--lqqwist Printing Holmquist ^0O1 -4O90' 110 4 ���9C �V12 04/19 ���Les'Em�lopes . 81 18 T3TA DUE VENDOR ----> 81.18 -4 7 w cCIA; I 2 A/ 04 7 E 5 -ar-' Ma ,4 -44' j, 4 44' Crssg a d q-vc-=-March .-Ii J., i TOTAL DUE VENDOR - -------- 57,57f IN t hE r F! E!- jimThePrnt 4l �C it 1 *'4/'- A/19 4 69 Rec "r Damp lets TOITAL DUE VENDOR ---------- 91 .53 ct-1 Alden G.T. JohnAlden 414119C 1 Filler 452, T.IITA! DUE--------- ) 52.00 I 9D 4 2 Jt 1 1 A 34; 4 04 19.11 —j-4 - 'E:r=at'Lri TOTk LNUE )ENZO; - -------- #+ City of Dia■and Barf# RUN TIME: 142304/13/94 VOUCHER REGISTER DUE THRU.............04/19/94 PAGE i * * PREPAID VENDOR NAME VENDOR ID. AMOUNT DATE CHECK ACCOUNT PROJ.TX-NO BATCH -- PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION ------------------------ ----------------------------------------------------------- L.A. County -Sheriff's Dep LACSheriff ,, 4; 9 22099 Feb Helicopter Svcs 7,,',aE. K:r04411-.J4•%1 � 4041a1 -I ,� Cr1214/1 TOTAL DUE VENDOR -------- ) 97.96 L.A. County-Sheriffs Gep LACSherifF ,- _,9 4001-4414-5401 2 40419D X4/13 04/1'? 2191y EpecEventCalvCtap�i 7-:;�, i0,._l?. - TOTAL DUE VENDOR --------) 1,04;,;'" L.A. County -Sheriff'_ Dep LACSheriff Spec Events-. yap :>ii1-4414-5401 , _ - 0TAL DUE VENDOR ________ � + 1,-, _. ri. Cou;,-y-Sheriff's Gep LACSherir"f c = 4/ 0 _ r,55 ",erEventcai'✓Chap 118,-1� 1,465.53 I -o",-4414-_`:4(1 4 gOgl'?i C:4;,.1 r _ - 1: --- TOTAL DUE 'VENDOR --------> 1 4b5.5: i_.A. aunty -Sheriff's Gep EAC her F i . 106.48: X70 pan Helicopter Svcs * :a Oi-4411-5401 4:411?�, 4/1. 04; 'TOTAL DUE 'VENDOR --------) 106.48 Dep --hpr+i- A Cour f ,}, eriff's Dep -� - Petitions - 5°S.2E• 4411. »,;, 4:�4. L. 04/12 �'4/?'a .ec .ec TOTAL DUE VENDOR --------> 2,538.26 °. Cour:ty-Sheriff': Dep LACSheriff 5 131.;0 04/12 04/19 31981) Security -Recall Petitions _, TOTAL DUE 'VENDOR --------> 5,131.3: rubric Works L 9' qC 04/12 04/,,, 1 ,'74000009 Str, arc mg,'slenwck =n ,�- 11-4ic ccr; J419D 10 40419D 04/12 04/19 94;i0000q'.9 tr.r.. y,`Crard 43.2=' ^: 11 40419D 04/12 04/1? 40fu`tn�976= Str , ._ra � '-Bar Q,34 *0,-455-5506 01-455-5506 1. 46 19D 04/12 04,110 . �4() 0 097�A� Str pirg'Signing-Feb °4 2 04'12 04,,94u000(,- " ,'iFe:hRoayd Mait. ;857.97 -45555506 ` 4041' )4/12 ')4!1? 040k 009�5 Sin g `Strirng-Feb 6216.634«7 93. a)419D -4/1"04/9 ?400000^' 4 sS..iping-Feb .7 li)?.15 )i� 5s5-=506 1-4. 4i+4+ 04/12 04/19 9400000977_, Sigr, .g%Striping-Feb 115.6 gt;4i''D 04'12 i±d'19 >4t r];tt,:;a771 St i.11'nowi-Feb `9400000978-11 „ 4'!2 ?4/19 . F Maint �amre-Feb?.31 pump ,y -:.,, 4" ` 5 c " 5 )2 4 40419D 4/12 11)4%19 940000097::1 Feb Rad Maim 21,.5_ ,1_ «. E C -.� q55. 12 4014 -• ; i':'[ )4/1� 04/1 , )o97 7 4011,1 u,..F.; v S r ,t,; 'GBl ell'Feb t - ,. 8.58 ��JI i 1- _�+J _ 707`.: "-E uCtDOr --------) � i ]'^L . _ + 0.'111 -.. 16 5510. R6 ] z���14�23Ou/���4 ��-�~�� ' THRU......'.....��''19�4 .ENDO; NAME VENDOR I3' .��_��� ��SCRIpTlDN AMOUNT DATE ACCOUNT PRO J.T''wO BATCH PO.LDE/W�. r----- -------------------------------- _—___--__--_—_------_--_-- �.A.Cou ty Pt11c Wor s LACP«bWk (�.2 04/1v v���000v77� Contr��rrez'Pthfdr�'CYn ��'7O 0�-4 TOTAL�� JENBOR ----> 92.7V L.A�oun y']ist. Attor»e« LACDi11±Co�e�iolatin 20^O3 LA Cel�ular Tel e LACellula~ —44'3 + CMg_ CelLuLar Sas 147'24 *p)1'4��'2125 2 �/�9 �m Govt CeUuiar Svcs 35 5 4�1J ���2 �er."p C�lul� S�s 31.57 ^�O1'��2125 � ���� �---- TOTAL � VENDOR > 2�3.16 Landscape West La»dscapew �4/12 V4/�q 0�2824 �edAh«t�mt'March94 4.56]'84 *001-*001-455-J-550&-�8 5 4O419E 0�/l�� TOTAL BUE vENDO0 —'---> 4,561.8; Lanza, Cindy 1095 04/12 04/19 i0425 Recreation Refund 64.00 �8 *0V1-� 29 40419A TOTAL M VBx00 -''--'—> 64.00 Leighton and Associates LeiUhton04/12 �����s'TR 478501,593.28,001-4551-52,001-4551-52,,001-4551-52,22440419D4 \ �1YD 04/19 04/12 04/19 80922 Prof Svcs-EN94-094-049�� 264,00 �*1-23*O'i0O 40419D6 �19D 04/12 O4/\9 81110 Prof Svcs -EN '14-049 1021.50001-2300-1012 7 0419D O4/i2 04/1Y 81152 Prof Svcs -EN 93-024 56.50 `001'2�0-�012 8 40419D04/12 V4/19 81706 prof Svcs -EN 93'043 '&'100.10�V1'2300-�O12 3 40-419D04/12 04/1y 82064 prof Svcs -EN 93-029 2`83O^2O 001-23VO-1012 2 �41YD 04/12 V4/1y 82V66 prof Svcs -EN 93-V48 �0^OO Cl 23VV-1O\2 5 40419D O4/�2 04/�p 820�9 Prof Svcs -EN 93'O4O 250`00 +O0L 23VV'1O�2 4 40419O TOTAL DJ[ VENDOR -------- 7.396.58 Lew s Engra ing l»c' ^�wis[»gra C4/2 ()4;':- 4 C15370 Est.] 9.64 9'64 ��Yu TOTAL VENDOR ----> 9.64 LIn��t,L��G�e�� L�»��t 9 2 F�fE�r S�s�a���rk ��'50 -F -431 �6�94 16 �4\9C 04 1.-. 04/l .5V TDTAL rl.E VENDOR ----> 462 C �i • iME• 14%-_ 04;' i'- %44 - I1UE TkF'U..... . ....... j4 I /94 PAGE 'ENDOR NAME VENDOR ID. # # PREFAI ' * ,._�. AMOUNT DATE CHECK ACCOUNT FROJ.T -NO BATCH PD.LINEr'NO. ;;;n:y/DUE PivCI .E DESCRIPTION AMOUNT Angeles County LACIntSyc 04/12 04/19 Gen Legal Svgs -March 11'.31; Ci 4(2''C-2130 4 4;;41+I 4;'1D 04/19 Feb Beeper/Pager Svcs 250.00 01-4020-4021 8 40419E 04/12 04/19 TOTAL DUE 'VENDOR --------'t 250.00 Main Street Tours MainStreet. 04/12 04/19 MarchLegalSvcs-DBA _ A 4',41-` ,._4 - 1- K5 Excurs-SntaBarbraGrchdShw 3r �• i�: mt. Baldy United Way 0 Unitedday 1 40419E -4/ -:itedWayanntrib-.'an-Mar 15:.00 211:; -1 i T C T AL DUE VENDOR :y l; •CVO Marina Contractors I _. 'arinaCmt IOTA I"JE VENDOR --------% L 153.00 c_, fir. 4/:�C t:., _:7A .4 1- 'a4dbi�7 R^nG C-.ar-/•,�ZFwyFroj 1, 57.63 `,00l -404k_; -4,V0,0 _ 404PE 04/12 04/P 94db07 TOTAL DUE 'VENDOR --------t 1,957.63 Mobil n �+ Mobil .4 a ;4 ! 4122Q5, 4 MrtSec-Ring Comm 3/14 ;~' ,4f #OtZl-4d1`: 404i?E ^a '4 '9 k. l.?E1.6 L F' e! :. P. R2C { #f10 , 1 4V' 1;- = 4n41�aE 4;12 :4 1., k01965E2 Fuel -Gen Gave w - 421. ,,,::� 4 4 ,-_ X4'1 _ ,4 1a %C1Q6A'() Fuel-Pln 9 1:1.'':' .-10 #t:0 v-r.ijr. 1-4'1 ` �- 41'tE 14!1 04/19 k:15d"o285 Fuel-F'rk: & Rec 30.41 J i, -: -4 9 •, ., C,88206 ' 20 Fuel -Fr': °: Rec 32.00 # Z,�1-4C1C%-C 10 334,)4i'yE 4/1 04/19 k : 95.6 Fuel-Fing 1'?.10 #:nj+-40��C-.1.') 4f)41'9E 04/12 04/19 22 5543 �, ^Mg -ue1-Lr 8.00 TOTAL DUE VENDOR --------1 167.20 Montgomery, Michael MMontgomer 1 40419E 04/12 04/19 Gen Legal Svgs -March 5,500.00 )01-4020-4020 '.001-4020-4021 7 40419E 04/12 04/19 March Legal Svcs-DaysInn 250.00 01-4020-4021 8 40419E 04/12 04/19 MarchLegalSvcs-Montrose 250.00 -001-4020-4021 9 40419E 04/12 04/19 MarchLegalSvcs-DBA 62)5.00 TOTAL DUE VENDOR --------> 6,625.00. mt. Baldy United Way 0 Unitedday 1 40419E ;4/12 f)4/1° -:itedWayanntrib-.'an-Mar 15:.00 211:; -1 i IOTA I"JE VENDOR --------% L 153.00 '�•,,/ems Elizabeth I'{'1-404 -4i�iQ MversE 4o419E CA 12 ;4 1'� ,� ../ 'a4dbi�7 !"r,tSec [Council 3/15 414.00 `,00l -404k_; -4,V0,0 _ 404PE 04/12 04/P 94db07 MntSec-CCouncii o/Zc, 3648.00 40419E 04/12 04/19 94db07 MrtSec-Ring Comm 3/14 :45.00 `1 -4340-40f)fj 404i?E ^a '4 '9 'a4db07 MntSec-F'rK.&Rec 2/24 -76• 0 Tti1TAL DUE 'VENDOR -------- 1,403.:10 "WIN TME: 1144'2'3i)4j`l-31 ;tit' L i = yc n u" ti 0 U C H E h nEGT n 1.. ER DUE THRU.............04/19/94 r riuc VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION # FREFA i it Y----------------------------------------------------------------- AMOUNT DATE CHECK ----------------------------------------------------- National Notary Asscx. NNA #001-4040-2340 1 40419E Nelson, 3, Gregory _ Nelsonureg 1 i c 40419D Nelson, Trent Ne1SrnT �J011 -42 . -412 i� -- 4=!?l.. 3CS Reprographics f*: e `?achines C, �( XDReprogr 84 '4/12 1 ;:4 -19 4",41 r4p , 4 1 q , SA d 415 .'L.'id y'. 4:!41rE 41c .. 9421- '14/1 f14,, a 77 — 9646 F � '4 =4 4041DE , =104 - DE` Uy %ri:=. OfMd"Mark: 1 / Jr' 4:.-:c' - L = v ^edit^ :enet.5 01 -•-�11C-1.�- J1 OnIntegrat 41?c i �`tRSHed t.h. 04/12 04/19 04/12 t'4/19 .14vel.. 1`_`w 4. -7,�.-.� C, 04,12 ':4/19 772490 84 '4/12 1 ;:4 -19 775.387 Cort (14 19 77'c - 1.14/19 -: 777455 _4 041119 779090 C4 1 )4 9421- '14/1 f14,, a 77 — 9646 F :4/12, 04/1: 7799, 04/11.; :'4/19 04,1 4 , NotryHoneStudyCourse-Nice TOTAL DUE VENDOR-------- SEA ------- SEATACMtgit/'3/93-FER92-u:.3 TOTAL DUE 'VENDOR --------1 goundMachEquipRent C;_ 4 uT4L DLE VENDOR ------- Prayy^Svc,-MNleHilRetr�Fit Frtgsvcs-MpieHilRetroFit FrtgS`;_s MoleNilRetrcrit F'7t9 `vcs-ParteraMstrPlan rtgavc_-Mp.IehiIRetroFit Prtg ^v-s-PanteraMstrF'id^ Arty -Tract 5051y Frt9S�'cs-pantera Prk- Ly�.'_s-MpleH"HetroFit ; 9-:)vc5-MpleHilRetroFit TOTAL DUE VENDOR------- i'iCtaLi()r !?arh,ne 4e a.r VEND DO - TUBAL ^ Eklf v4/1L 11%4;- c-iles TOTAL PREPAID AMC124T ---- FAL iUE VENDOF--------- i Apr + Ai 7 Fet'h . �.. L.r_ VE}iJ ----- -- ' .00 2'9.00 Jv C, 4,L7r. V'.rJ C4. iv/'�>4 7- , '76,45 _. C 1 t ,�_f t4/1oJ, JNTIIi 14'.,,, ,�4 �HER VEJ.; E5:E e ,J1r�aL DUE THFJ.............vY,,%. -E- E VENIAR NAME VENDOR ID. VENDOR PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE la',11IE DE5CRiPTION '-` AMOUNT DATE ---- ACCOUNT ----------------------------------------------- Pac Tel Cellular PacTel , 4041.E :4112 :4!19 4 Cei.ular _vcs- 1?gr X001-40:'1'-212. TOTAL DUE VENDOR -------- 1 Pa Ph llis PapenP enj P y 6 40419E 0411:. 04/19 ReimE-Conf ^%i2-24-Fapen �, 5 ^f, �C01-4010-�-- TOTAL DUE VENDOR --------> -'6.25 Payroll Transfer PayrollTr � Payroll Transfer PP7 49,500.00 04/1'9/94 0004`, *001-1020 3 40419A 1)4/11 u4r„�`: TOTAL PREPAID AMOUNT ----> 4.3,500.00 TOTAL DUE VENDOR --------> `.00 Pickens, Hewlett 3911.00 04/1204/19 Recreation Refund #001-341'2 5 40419E TOTAL DUE VENDOR --------% 11.100 Pitney Bones PitneyBowe 1 40419E 44/12 04;19 ',21291 Tape Strips -Past Machine 170.1-17 *001-4090-'2120 TOTAL DUE VENDOR --------} 1733.17 Pomona Industrial Medical PaIndMed 04/12 04/19 F'reEmpPhyscls-Smith 123.00 ;001-4090-2345 1 40419E 04/12 04j19 PreEmpPhyscl$-Lorge 123.00 401-4090-2345 2 40419E TOTAL DUE VENDOR --------1 246.00 omona Judicial District PosJudDist 04/12 04/19 Feb Muni Court Fees 330•00 001-3223 1.40419E TOTAL DUE VENDOR --------> 330.00 Pomona Valley Humane Soc. PVF6 04/12 04/19 April Animal Control Svcs 4,152.17 *001-4431-5403 1 40419E 07/1614 TOTAL DUE VENDOR --------? 4,151.1 Postage By Phone PostByPhon 04/12 04/19 Postage Replenishment 1,000.00 #001-4090-2120 2 40419E TOTAL DUE VENDOR --------> 1,000.00 RUN TIME! 14.23 04/;3/94 - ENUOR NAME VENDOR iD. HiCCOUNT PROD Ti`. -NO BATCH FO.LINE/N0. "- _ i �1 �Y - -�^, AMOUNT DATE -------------------------------- "eMIEF- Leasing _3. F'remiere-Le 4= �4') 11c' -F _ '!biic Empl Retirement FEF', >: 01-2110-1ii0=. ` 40:41'A Y ;i;l-D11U-1«�)B 6 40419A i01 -2110-100e, 7 40419A =ublac Empi='etirement PERS 0i-ii0-10t7 404, 9F 40,417 ;M ;es:yn ':�Mi�25iy'n `a-431 4,— 06g ?4 " 401 9F 41 1�,.�_: e;ente of t)e uriver3L iy RegentucLA 1 40419A Bert Driver Ins Co. RobDrive )0i- 300-1004 1 40419F --_ Na^zY 1097 :Oil - s47 ' .1 40419A y Ai len ,..:_rry Seal Inc F'o`iAilen 5+ -'" CI -6411 01494 1 90419F `i'.'-6411 014''9 �1nt:jF 5 :may !1� =T%� `•.er _T-il DUE EN1DuR--------, 9 70 . na/: ;1;19 - PFr. Retire Contr-Em. ve 750.50 tr4ii'a: 4- -+- 0,0 1: )4„< )4 19 _ FF6 retire Contr-Enplyr 3,030.44 04,11': J o00i `:3i` - v4/1 mpya .k t4/1/u4 ;00 0"', ._. TOTIL ?REPAID AMOUNT ----i 6,05`'0.'?4 TOTAL DUE VENDOR- --------; 0.(k) r2 `4 _::rntriu-P'F7-Ettplyr ' ll.li G4;!< 4/1> Retire Con trib-FF7-Emplye 3,421.9' FrofOf_a-Fantera Pry;-Jan7, 125. 00 TOTk DUE 'VENDOR --------; 7,1".00 4%22 :24;1:” 3ub'vsnMapActSemrr-Lunge `OTAL P'REP'AID AMOUNT ---- TOTAL DUE 'VENDOR ------- 04/1' 04/19 04/1 i:4;'i 1"1 •4 March Spec Event Ins TOTAL DUE VENDOR -------- 04/12 ------- Recreation Refund TOTAL DUE 'VENDOR -------- z ::.5.00 04/1'9/94 . ,5 , ;)ilii)'-:�_: X9`.00 0,00 150.00 150.02) 4` . i}0 45.02, i,'4-.urry Sea: 12,964. 70 )4/1 '14;19 -rF._. t.n,•r' , i'-.. - _ _. -: in.rvm 1,._74.cii) :du'�h------- 14 3 x.76 t** City of Di.3mond E,r * * * RUN TIME: 14,23 04/13/94 V 0 U C H F R R E G I S T E R ?AGE DUE THRU.............04 1'3 4 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PRDJ.TX-NO HATCH PO.LINE/N0. ENTRY/DUE INVOICE >;E3CF'11; UN AMOUNT DATE CHECk: ------------------------------------------------------------------------------------------------------------------------------------ San Gabriel Vly Tribune SGVTribune *001-4210-2115 3 4C41 ?F Shih, Shiang 1091 *001-3478 26 40419A Sierra Display Inc SierraDisp *001-4095-1200 6 40419E 01/1796 Sir Speedy SirSpeedy *001-4050-2110 5 40419E 12/1766 Southern Ca Gas Co SoCaGas *001-4313-2126 1 40419F Southern Ca. Bindery SoCaBindry *001-4210-4240 7 40419F Southern Ca. Edison SoCaEdison .1:001-431=3-2126 2 40419F '-001-4313-2126 3 40419F 01-4;22-212b 1 40419F Southern Ca. Edison s0cmw *9;01-4555-2126 2 40419E ' Southern Ca. Edison SoCaEdison ,, "'h 40419E 04/12 04/19 162,696 Pub HRg-ZCA 94-1 69.12 TOTAL DUE VENDOR --------) 69.12 04/12 04/19 10692 Recreation Refund 40.00 TOTAL DUE VENDOR --------> 40.00 04/12 04/19 94036 Banners-CtyEntrance 723.60 TOTAL DUE VENDOR --------} 723.60 04/12 04/19 15408 Business Cards-Giteed 78.83 TOTAL DUE VENDOR --------> 78.83 04/12 04/19 Gas Svcs-Hrtge Prk 95.70 TOTAL DUE VENDOR --------) 95.70 04/12 04/19 10564 Mail Svcs -MRF Study 225.21 TOTAL OLE VENDOR --------} 225.21 04/12 04/19 Elect Svcs-HrtgPrkCaauaCtr 658.28 04/12 04/19 Elect Svcs-HrtgPrkConCtr 369.68 04/12 04/19 Elect Svcs -Ron Reagan 442.46 TOTAL DUE VENDOR --------) 1,470.42 04/12 04/19 Traffic Control Svcs 986.84 TOTAL DUE VENDOR --------) 986.84 04/12 04/19 Elect Svcs -Dist #38 166.44 TOTAL DUE VENDOR --------) 166.44 RL -N 14:234/�J�� P15 ��RU.... ............ �|9n� VENDOR NAME VENDOR ID. ACCOUNT p9UJ.TX'NO BATCH PO.LINE�0, ENTRY/�� I��I�� D[SC �PTlCN AMOUNT OArE ____________________________________________________________________ Sauthe Ca. Edis o SoCaEdison »�41-��1'212� 2 ����� ��'�� �^/19 Eiect S`cs'Dis� #41 28.5* 7OTA DUEVENCJR ----> 28.54 Compens�ion Ins rd Etat�Comp �oO1-��V-Oo8% 1 40419F iA/L2 �� 5urcharge 43.53 TOTAL �-iJE VENDOR ----> 4J.53 .1ibwav ^0� 421�'4220 B 404�9A V4/�2 C4/�Y r�gSupalies'GPA[ Mtg 4/12 27.5O O4/19�4 0000O2�5l2 TOTAL PREPAID AMOUNT --> 27.50 77TAL DIUE VENMR ''-'''- ranidJaja. Stephe 10�4 *0O�--&73 28 A,,,19A 434 Recreat�on ReFund 1OY.VV 7 1 ----> �—!p5-n,J�k 56'��0 �4 4O41�� C�/1�� O4/�2 �4/19 �5*99 �oF S'c'6V �9 Proj'HL)r 1.000.V0 -'J AL 3UE VENDOR ----> 1.9VV.V0 '�omp»on. Jac� Thomp�mJ 04/19 45498 Prof 5vc'�� Fwy Proj-Mar 1,.-40,00 TOTPL DUE VENDOR ----> 1,640.o0 3wme Center Travel TowneCente �8����30 3 �A19F 04/12 04/19 ��r Tran�p'4/�3'�±zlaff 177.00 1 400419F 04/12 O4/1Y :-'C-LK [nnf 4/26-5/11'8urges 11 0o DUE '4alg1y' Larry WoldieLarr 4041YF 04/19 Reimb'Plaque'Anm Stevens 34.55 *01�4�1'2�5 � ��19F O4/\2 �i1Y ��imo'2� Asian �di�tm 727 TJTA� DUE VENDOR ----> 41.92 walnut Valley RV WVal}eyRV ^A0�'4440�30 2 �4l9F O1/1�m 04/� V4/19 1�6 �� Tra�ler Repairs 8\7.27 TOTAL DUE VENDOR ----> 817,27 RUN TIME City o : 14:23 04/13/94 V O U C H E R R E G I S T E R PAM 15 DUE THRU.............04/19/'94 VENDOR NAME VENDS ID. PREPAID # ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMDUNT DATE CHECK:: --------------------------------------------------------------------------------------- «Wainut 'V4 Water Dist k X01-444'1-2126 WVWaterDis 1 40419E :'4112 04119 E,ectCcmmSite-12,"9-3/11 36.65 TOTAL DUE VENDOR --------) 36.68 Walnut Vly Water Dist *1 o-47:::-2126. WVWaterDis 4 40419E 04/12 04/19 Water Usage Dist #38 'M .35 TOTAL DUE VENDOR --------) 360.35 Walnut Vly Water Dist WVWaterDis 133.80 *001-4556-2126 1 40419F 04/12 04/19 EnvEnhanceRte60FwyProj TOTAL DUE VENDOR --------) 133.80 Wang,Jane *001-3479 1107 32 40419A 04/12 04/i9 10344 Recreation Refund 23.50 TOTAL DUE VENDOR --------) i3.J0 West Coast Arborist Inc. *001-4555- WCArbar 2 40419F 04/12 04/19 1346 March Tree Maint 1,184.0 .`-.`0'9 T_MT AL DUE VENDOR --------) 1,180.00 Wright, Paul u01-409:-4.`00 WrightP = 40419E 04/12 04/1'9 Aud:u''disual Svcs -4/5 210.00 TOTAL DUE VENDOR --------) 210.00 ^.dam Palm �p r;,..,y� .,- Wyndham 40419E (i4 2 0 '? /1 4/• _ CCA Can* 5;19-22-Fapen ., o98. TOTAL DUE VENDOR --------> 3°8.88 Yoakum Investigations ToakwlnV 40.04 01-402;)-4121 10 40419E 04/12 04/19 Prcf Svcs-Dayslnn TOTAL DUE 'VENDOR --------) 40.00 -andeta, Rodelia 107' 255 40419A 04/12 04/.19 10424 Recreation Refund 104.0 TOTAL DUE 'VENDOR --------) 104.00 TOTAL PREFAID-----------) 67,915.20 TOTAL DUE ---------------) 232,327.80 TOTAL REPORT ------------) 30 ,243.03 �4 ��"~~E» �Erl2T�P — R6N r'M[� 14�23 ~ ' ^ r��C 6�m !0.A�� �EPORT DISBURSE G/L POST POSTED FUTURE TRANSACTI�� TOTAL DI�C- ��Y �EVEMUE _______EXPENSE____REVENUE____�xp���_ ___________________________________ _ �`�Gem�aL�md Waste Mgmt r C.I.P. -und SAir Oki elity 17 -0 - LAD K. -R' �PG �LAD#��UPG -- —_---- ____-- ---__— __---- ---_—_ TOTA ------ ------ ---- 1,20.25 219,018.13 /%ri`%;//// CARL WARREN & CO- in O• in, ;r,,«•.\di :cern �i n., Vann Bement and \i;r.� TO: City of Diamond Bar ATTENTION: Lynda Burgess, CMC/AAE City Clerk r1C1izl v L• U 94 APR -6 PM {2: 54 April 5, 1994 RE: Claim State Farm/Warren vs. Diamond Bar Claimant State Farm Insurance Co./Warren D/Event 11-9-93 Reed Y/Office : 3 79512 JMQ 4-94 Our File We have.reviewed the above captioned claim and request that you take the action indicated below: EXI MAI A mu -0-N: Send a standard rejection letter to the claimant. nT7►TM TNSUFFTC'TFNCY• In accordance with the telephone conversation of * a notice of insufficiency must be mailed to the claimant no later than * 19*. THIS MUST BE MAILED TO THE CLAIMANT WITHIN ��D20T�DAYS OF. EER PT OF / T�SU-11-1 1 RIR i 1 h it• EC1 ON � _ — ee THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT Government Code Sections 910 and/or 910.2 and/or 910.4. ���NDED/SUPPLEMENTAL M: CLAISend a standard rejection letter to the claimant, rejecting this additional/amended claim. LATLCTaTM RF.GP�NSE• Return the original claim material to the se is claimant, advising that the claim nl for Leavete and that to Present a Late Claimir only ". (Return to file a written ,Application copies in your file.) THIS MUST BE MAILED TO THE CL it 1?CwPIONr' LETTE- OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A See Government Code Section 911.4 �,,,�rTnarnTnw REjZCTIgN: Reject claimant's "Application for Leave to Present a Late Claim. See Government Code Section 911.8. maxF NO ACTION• Defer any written response to the claimant pending our further advise. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, ARL WARREN & OMPANY pan} �n Dwight J. nz DAMAGE 7 - 75-No02-046 TO PERSON OR PROPERTY i i, . No. .......... -- INTSTRUCTIONS I. Claims for death, Injury to person or tc per<_onal property must be filed no�4 later than 6 w+os. after the occurrence. 'Gov. Code Sec. 311.2) 2. Claims for damages to real property must be flied not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claiin before filing. 4. See page 2 for diagram upon which to lccate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheeti, if necessary, to give fill details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant State Farm Insurance Home Address of Claimant �R 31 Pi DIVED GLENDALE S/C MAR [ 4 )yyj Age of Claimant (if natural person) City and State Home Telephone Number business Address of Claimant City and State BanesiTelephone *:umber 1016 E. Broadway Glendale, CA. g (gl17) Sri -sya9, vivr duuress to wntcn you desire notices or communications to be sent re ng this claim: P.O. Box 29075 Glendale, CA. 91209—�1 How did DAMAGE or INJURY occur? Give full particulars. Our insured was making a left turn onto the N/B 57 FWY from Pathfinder when he was hit by a car travelling in the opposite direction on Pathfinder. Wren did DAMAGE or INJURY occur? Give full particulars, date, time of day: The accident occurred on November 9, 1993 at about 10:30 A.M. Sphere did DAMAGE or INJURY occur? Describe fully, and locate on diagram en reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: The intersection of Pathfinder and the on ramp to the N/B 57 freeway. �Vhat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: On the date of accident, the signals at the intersection were not working. The turn arrows were covered up and the light was green for traffic in all directions. W:^,a: DAM. ',GE INJURIES do you claim resulted? Give full extent of injuries or damages claimed: As a result of the inoperable lights, our insured vehicle sustained $1,282.17 in property damage. The insured driver and passenger may pursue an injury claim What A`.IOCNT co you claim on account of each itern of injury or damage as of date of presentation of this claim, giving basis of computation: We are claiming $1,282.17 for property damage paid Give ESTI1fATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payr;ents received, an NONE Expenditures made on account of accident c. ,.:y; 'Da:e — ltztnl 11/23/93 Payment to body shop and insured $782.17 1/05/94 Deductible re -imbursement to insured $500.00 ';am e and aacress of Witnesses, Doc: ors ana H spaais: Don Warren 3242 Cortex Street West Covina, CA. 91791 READ CAREFULLY For all accident claims place on following dicgrarn names of streets, inducing North, East, South, and West; indicate puce c accident by "X" and by showing house numbers or distances to street corners, If City Vehicle was involved, designate by letter "A" Iocation of City vehicle when you first saw it, and by "B" location cf ycurse: or your vehicle when you first saw City vehicle; location of Cay vehicle at time of accident b vehicle at the time of the accident by "B-1" and the point of impact by ,X., y "A-1" and location of yourself cr you_ NOTE: if diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant, 7 FOR AUTOMOBILE ACCIDENTS PATHFINDERZ_ 4' FOR OTHER ACCIDENTS Signature of Claimant or perscn filing on his behalf relationship to Claimant: giving SIDEWALK Typed Name: Ignacio Pulido :'�•Sr BEl r I ,B NL ?i CITy T{ �' 9(C. S. L_ai . Date 0��tE LANE5 990 N. DIAMOND BAR BLVD, DIAMOND BAR. CALIF 91765 (909) 860-3558 FAX (909) 860-9834 March 24, 1994 City of Diamond Bar City Clerk 94 uep 24 Q j 3.43 RE: CLAIM FOR DAMAGES Dear City Clerk, which is being filed against the Enclosed is a claim for damages City of Diamond Bar. We have tried to be complete icomp lance with the form furnished us by the City and request you ify us immediately if we have omitted anything which is necessary to validate the claim in accordance with'the requirementsofhthe appropriate California codes. We will immediately furadditional information, if required. tion, Oak Tree has taken immediate steps o As a matter of informaWe have entered mitigate damages under this claim. billoardjoint venture agreement to convert the space to a family center and sports bar. We have made a decision to eliminate live bands but plan to utilize our DJ capability to hopefully incincome to help offset the loss of the terminated sub -lease. Based upon preliminary figures, Oak Tree's cost for this conversion is approximately $15,000 plus the added time by the undersigned which will at least equal time spent during the Sub- lease and then some. Two added items of concern. Oak Tree has applied for an ranted extension of their existing liquor license as originally g by the Alcoholic Beverage Control pursuant ltooour roriginast (which C.U.P. We were informed today of a delay We should be routine) due to a lack of response faomrovalCty obe used would hate to think that the City is delaying The other item as some form of leverage regarding our claim. which has been unanswered is the We againerequestnimmediateof the oretraction abate regarding dancing. of the 3/1/94 letter. Any delay beyond April 15, 1994 (our target opening date) will substantially increase our damage. We at Oak Tree have been friendly with the City since inception. the City Staff and Council Members are personal friends Many of of Loren. We intend to maintain our past relationships regardless of the enclosed claim. We also agree to stand by the preliminary offer made at our meeting at the City last Tuesday, March 15, 1994. To settle the matter for out of pocket cost i.e. 32 months lost rent plus the out of pocket cost of the new venture, all of which would total about $50,000. This offer is made only on condition that the matter can be resolved within 60 days, without the necessity to litigate or arbitrate the claim. This should give more than sufficient time to obtain a recommendation from the City Attorney, your insurance agency and still leave the City Council time to vote on the issue. During the interim we will honor any reasonable request for additional information to help the deliberation process. We will hide nothing and set out in full detail the basis and reasonableness of this settlement offer. Very truly yours, Lawrence D. Malcolm President/General Partner enclosures: Exhibits 1, 2 & 3 LDM/nao Loren Wilson Vice President/General Partner cc: (without Exhibits 1) City Manager City Attorney Community Development Director Building Official Fire Department Oak Tree Plaza Associates City Council Amos Wallace -0 PERSON OR PROPERT INSTRUCTIONS' 1. C1lisrss for death, injury to person or to personal property must be filed not later than 6 P%es, after the occurrence, (Gov, Code See. 911.2) 2. Cla/me !or damsgu to real property must be filed not later than 1 Year alter the ooeurreaea, (Gov. Code Sec 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locateplace of accident. 3. This CLAIM farm must bo signed on page 2 at bottom. S. , Attach separate sheets, it necessary, toive full details. SIGN EACH SHEET, T. Claim Must be died with -City Clerk. (eov. Code Sec. 915x) To: The City of Diamond Bar Mom i OAK TREE LANES, INC./OAK TREE FUND ONE I Rome Aaaress at H ,,,.' 2 !, P'! 3. 4 3 Ase of Claimant (if natural person) City and State I Some TalephoM Number nuffr Address of claimant City and State Business Telephone Number N. DIAMOND BAR BLVD., DIAMOND BAR, CA 91765 909 860-3558 Give address to which you desire notices or communicatioru to be sent regarding this claim,- SAME laim: SAME AS ABOVE New did DAMAGE or INJURY occur? Give full particulars. The City of Diamond Bar, without due process, sent OAK TREE a Notice of; Violation, Order to Abate and cease all dancing related activities by letter dated 3/1/94. Oak Tree was forced to require its tenant to immediately cease the "Backstreet Cafe" operation ultimately resulting in the termination of its night club sublease agreement. (see Exhibit 1, 10 pages with Exhibits) waen ata DAMAGE or INJURY occur? Give full particulars, date, time of day: Damage commenced on or about 3/3/94 (9:30 P.M.) when Oak Tree discussed the City's notice to abate with its tenant who ,agreed to cease the "Backstreet Sublease" conditioned on OAV TRFr I c r.., ., .. _r _ Where did DAMAGE or 14NJU'RY occur? Describe fully, and locate an diagram on reverse side of this sheet. ►here appropriate, street names and addresses and measurements from landmuka: At the business address of Oak Tree Lanes and the Backstreet Night Club Cafe. 980-990 Diamond Bar Blvd. R'hst particular ACT or.OMISSIO'If do you claim caused the injury or darnage? damage, if known: Give names Of City employees causing the injury or The attached letter from the City dated 3/1/94 and signed by James DeStefano, Community Development Director (see Exhibit 2) with a statement that revocation of Conditional Use Permit #85 -061 -CD would be initiated unless all dancing related activities ceased immediately. Khat DA1*4_3CE cr INJURIES do you claim resulted? Give full extent of injuries or dama;es claimed: Loss of 60 months sublease income plus stress caused by the entire episode and loss of time by Loren Wilson and Larry Malcolm, plus damage of reputation to Oak Tree (see Exhibit 3) What AMOUNT do you ciairn on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: (see Exhibit 3) Give ESTIMATED A4**10UNT as far as known you claire on account of each item of prospective Injury or damage, giving basis of computation: See attached Exhibit 3 SEE PACE 2 (OVER) THIS CLAIM MUST BE SIGNED ON RZVERSE SIDE .,urance payments received, if any, and narres of I:isurance CorrpaAy: NONE Expenditures made on account of accident or injury: (Date — ltatn) 7,400 CK#1378 3/4/94 (Amount) TO DATE: RETURN OF TENANT DEPOSIT/RENT $ RETURN OF TENANT DEPOSIT/RENT 4,400 CK#1381 10,000 VARIOUS 3/20/94 1/94 MISC. REMODELING COSTS Name and address of witnesses, Doctors and Hospitals: LAWRENCE D. MALCOLM (OAK TREE LANES) LOREN WILSON (OAK TREE LANES) AMOS WALLACE, 13299 SONRISA DR., CHINO HILLS, CA 91709 READ CAREFULLY For all accident claims place on following dig;ram names of streets. including North, East. South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If Ci►y Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "K" location of yourwlf or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A•1" and location of yourself or your vehicle at the time of the accident by -B-111 and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by Claiasant FOR AUTOMOBILE ACCIDENTS FOR OTHER ACCIDENTS cuR SIDEWALK sl nature of Claima or person fill �g on h' behalf giving Typed Name: OAK TREE LANES/OAK Data r hip to E- \�n (` hi 4 TREE AWR FUND ONE 3/24/9 7 - j, �i � � �' LAWRENCE D. MALCOLM,PRES/GEN.P RTNER LOREN WILSON, VP/GEN.PARTNER ^2LISI' AE FILED wj' F CI^Y ^ERIC fG^V. coDE S= 9'_ a NIGHTCLUB SUBLEASE AGREEMENT THIS NIGHTCLUB SUBLEASE AGREEMENT, made and entered into at Diamond Bar, California effective January 15, 1994, by and between OAK TREE, FUND ONE, A CALIFORNIA LIMITED PARTNERSHIP, hereinafter "LANDLORD" and AMOS WALLACE AND DAVON IAASK, hereinafter "TENANT". WITNESSETH: WHEREAS, a certain sublease was made and entered into on the 1st day of May, 1985, by and between OAK TREE PLAZA ASSOCIATES, A PARTNERSHIP as sub -Lessor and Oak Tree Lanes, Inc. as Sub -Lessee, wherein; that portion of Lot 18, Tract 34803, as per map recorded in Book 925, pages 14 to 16 of maps, Los Angeles County Recorder's office, consisting of approximately 35,000 square feet of building located at 990 N. Diamond Bar Blvd., Diamond Bar, California, together with the common area's as described in Article 1 of said sublease, was leased to sub -lessee for an initial term of 25 years commencing on the 21st day of July, 1985, and WHEREAS, OAK TREE LANES, INC. assigned all of its right, title and interest in and to said sublease to LANDLORD, on the 4th day of February, 1986, and WHEREAS, said sublease is subordinate to a Master Ground Lease, dated December 28, 1979, as more specifically described in the Recitals of said sublease (pages 1 and 2) and WHEREAS, AMOS WALLACE has been given access to or furnished copies of the Master Ground Lease and the Sublease; has read same and is familiar therewith, and WHEREAS, it is the desire of TENANT to sublease that portion of Landlord's sublease, hereinafter "Nightclub Sublease", consisting of approximately 6,000 square feet which is currently operated as BACKSTREET with maximum estimated capacity of 245 people. Said space which consists of ground floor and mezzanine floor is outlined in the red on the attached Exhibit A. This space is currently known as 980 N.. Diamond Bar Blvd. This sublease includes all existing and agreed upon furniture, fixtures, improvements and equipment in its "AS IS" condition as listed on the attached Exhibit B. TENANT shall also have use of that area of the monument sign as depicted on the attached Exhibit C. NOW THEREFORE, in consideration of the premises and of the covenants herein contained, it is hereby mutually agreed as follows, to Wit: (1) 'The Nightclub Sublease shall have an initial term of 5 years commencing on January 15, 1994 and ending on January 15, 1999. Lessee shall have the option to extend the term for two 5 year periods. If Tenant desires to exercise any option, it must give not less than 9 months advance written notice to Landlord prior to the commencement of each option period. (2) Base rent for the Nightclub Sublease shall be a fixed sum of $7,650.00 per month plus 16% of all expenses (excluding paragraph 6, Sections -1, 2, 3 & 4) incurred by Landlord in its Sublease including but not limited to: Paragraph 6, Section 5, Common Area Rent Paragraph 10, Taxes on the Demised Premises Paragraph 11, Utilities Paragraph 17, Insurance 16% of any other expense incurred by Lessor in conjunction with its sublease not specifically mentioned' above. (3) To the extent the following costs are not part of Paragraph 2 above, Tenant agrees to reimburse Landlord for 16% of all electrical, gas, water, real and personal property taxes, insurance, building maintenance and all other reasonable and/or necessary expenses relating to the current occupancy of the entire building and common areas by Landlord. By way of example, other expenses would include but not be limited to: roof repair, replacement and maintenance; exterior maintenance and painting; HVAC systems; main line plumbing; all other reasonable expense relating to the occupancy of the building pursuant to the sublease. (4) Specifically excluded from paragraph 3 above are repair, maintenance and/or replacement of such interior items which pertain solely to the bowling center or the nightclub such as: carpet, furniture, equipment, painting, interior fixtures, electrical, plumbing, etc. (5) Tenant agrees to also provide at its sole cost and expense, liability and personal contents insurance in an amount not less than required under the terms of the sublease, even though liability insurance may be duplicated, pursuant to paragraphs 2 and 3 above. (6) Regarding paragraphs 2 and 3 above, initial base rent of $7,650.00 per month and 16% common area rent and other expenses currently estimated at approximately $2,150.00 per month for an estimated recurring amount of $9,800.00 per month shall be due and payable each and every month in advance. Landlord shall make monthly adjustmets on the 16% expenses by a debit or credit for the prior months excess or shortfall. Any rent not received within 5 days of its due date will require a late fee equal to 5% of that months collective rent. Tenant has been advised that some expenses can vary substantially, especially air conditioning expense during summer months. The $2,150.00 figure is based upon December, 1993. 2 Upon execution of this sublease, tenant will pay Landlord the sum of $9,800.00 representing rent for the month of March 1994• t no rent or 16% expense items are Landlord has agdue for reed that the remainder of January 1994. 169;nexpenseslord swailobegdeferredt February 1994 rental including until May 1-, 1994 at which time g for•a0period of 3added shall be successive normal monthly rent and continuing months i.e. June 1, July 1, and August 1, until the total of February's deferred rent shall have been paid. (7) The base rent.of $7,650.00 shall be adjusted each 12 month period b.y the increase, if any, in the ConsumePrice Index, ,All Items" for Los Angeles and surrounding Consumers, thereby creating a new increased base dent for each subsequent year, if applicable. ber to The cost of living increase, if to etermine any, will be measured from N meffectivevwithreachdFebruary the ome new base rent which will rental and subsequent payments, for the remainder of the 12 month adjustment period. Option periods, if exercised, will also be subject to the annual increases, if any. In addition to the base rent, Tenant shall also pay 5.8% of (8) gross income of all sales, door receipts, etc. that exceed annul i $750,000.00 utilizing the method set forth in paragraph se agreement. Section 4 of Landlord's sublea with (9) Tenant agand operate mits bandntosconform toacommunitall in y governmental awsrequirements of Diamond Bar. Tenant requirements and all Ofds othehtermsyand conditions of the agrees to be boundd by by a sublease and Master Ground Lease da5ubleasecondition Masterthis GroundNightclub Sublease. Each provision of said Lease shall, as applicable, be incorporated into this Nightclub Sublease Agreement. Tenant shall maintain all required city and county permits (10) and licenses for its operation. licenses Tenant has been advisedtion pertainsdtowith thethe existingPeicense for Conditional License,, all of the as of 1/1/94 (2 pages). Tenant agrees to be bound by 9 conditions modified onlyto the extent, (regarding of beer only as an alcoholic beverage), as consistent with an on - sale beer license (40) vs. the existing 47 & 48 licenses. remises all furniture, equipment and (11) Tenant shall maintain the interior of the sublease p in good order and repair including fixtures, and replace same if required, normal wear and tear excepted. hall maintain (12) Tenant and its heirs, successors insurelfullgns scompliance with at all times as a securitydeposit n the the terms of this lease anaunconditional condi toninancial al letutionf ineformland amtter 0 ount of /$50,000.00 from �j 3 content approved by Landlord during the initial term of this lease and option periods, if any. Tenant shall be restricted from any use of arcade or pinball (13) the above, games in the Subleased nightclub. Notwithstanding tenant may have pool, dart, basketball or other similar non - competing games. (14) Either Party, at its election, may record a short form Memorandum of the Nightclub Sublease Agreement. LANDLORD OAK TREE FUND ONE, A CALITORNIA LIMITED PARTNERSHIP by by: TENANT, DAVON IAASK AGREEMENT TO SUBLEASE OAK TREE PLAZA ASSOCIATES, A PARTNERSHIP by by: STATE- OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AIFL1c^14 31 Y) 19114393 Looless DIAGRAM 0f LICENSED P REMI!. TYre oR LiCFN3e The Dram below is a tma _aod. aoezect des=-'..pti� Of the eritTMoes , arts + �' �'g a� ect iCr bas�da'� e✓ the )edges to be Li a;sxd,'.. iaehv"rg dinumdow DIAGRAM: — s . n.y f Arae , As 5itTRy ►err�xtQ 9=1 M" se .& W.090' o�ticn (as indicated on t*.e It is ber'e dWa2red that the above-d��'i� boundaries, eztrartrio of the Oepartnmt of Alm rd thott first roti tying and securing prior tritten appc"r�- side), Wil]. not be d'sanged that the fecegoirg is ttve and correct. Beverage O:,ntrol. I dec1m� under penalty of perju'Y 7tGNATURE Date: Sir,NATURe Place: Special Instructions for Applicants for Public Premises Type Licenses ses d as a Your signature allowed. A ackowledges that You are aware least 7" x I V. stating that Persoln Under 21eAiloWe p'�lmust bic e personsemises no e p sited near signeach years of age are to babe and ata praminent lac in the interior of the eremlses. DEPARTMENT use only /, �, / Inspected on: Cer!if ed correct.— APG -257-A (12-m&) � , Ll A 1 7.LIFCRSIA .RTMENT OF ALCOHOLIC BEVERAGE CONTROL ,�s•t.IG�►M Tt 31 r -Pt iM�3t7 �00R t3a CSu••r) - - L�l �, UTAGKAM OF LICENSED PREMISE be_ow a t: r and ooc ;-ect dr c^i.pticn of tl,i LS or s,a, i.sex`s be ' �"�es o f �:e Diagran ' ' the ;'[ram -9=5 to be L{.Ces'_Jed r iz1ud:LM d3 na)21 ii D IAGRAM: - I-��'-- r� •-.r �.? cep ii�r `+_�_� ter•, j 2- '�-+ �-] ".Gr c. a C -A j 94 • .n .�. ...:.J- _gyp r .��<. .�• �.� -�'7l r+s-0., 9y+` �' , I � LW 4� -r.a• ,jam i•_ i t �,�11 r.; ^-;``?(,�, , I ,4?c=: Flu - 5= `i } iia LG.?a-►oCo ren �.1 �- '�' ;�1 =/; I I / 4.4 41 � •T �-;ice •.-�..r _r � r. a L� r larsted operation Cas indicated an the rwe 't It is hezrssby dsc�d t -at tlx above•.dWc^i2)e bou�c'aries, ezt"z writtenor apati' of the De *-t=w of Ala�l side}, `,tiii not be c!,An63d ,dtholt fire not. f, i aad SM-6-SM-6-1119u-R"z urger WvIty that tt-� irg is t. Bevera6= Cont^61.- I dec? w-- of pe_ ju-� s1 cN+ -u Ra Date: y (� 31aN.'uPRE c Place: �tAt� - --- -- $pecial Instructions •!or Appfieants for Public Premises Type Licenses - ersons une�e a - - g y remises operated as a Public Premises no p Your signature above ocknowled es that. you are aware that in p Under 2l Allowed" years of age•are�to be allowed_ A sign at least 7'_x 11'=stotin."No Person must be Posted nett eac�i entr and at a orominent+lace •n - the interiortaf the remises_— DEPARTIAENT us* only ! — / 2 Inspact•d an: Carr fled correct:—�-- ABr ,-Sb7-A C 12-,wA ILI "EXHIBIT A EXHIBIT #B 4 Complete jockey box -ice/bin 2 3 Door norlake cooler 3 Cash registers DTS 1 3 Keg draft system w/towers 2 3 compartment sink S' 1 2 burner coffee maker - Bunn 1 TV w/ cable box 3 blenders 1 glass washer 3 brush 3 telephone 4 TV 27" color (downstairs) Sharp 3 wide screen projector 3 soda gun w/rail 82 bar stools - red/backless - new - downstairs 9/93 60 low back red chairs - new 9/93 14. stand up, green top tables - new - 9/93 6 stand up, wood top 1990 13 sit down tables - new - 9/93 35 sections w/frame, dance floor 4 TOA -380 SE speakers 1987 60 backless chrome barstools 1987 24 backless wood barstools 1990 10 hi -back wood chairs 1990 1 5 door - Norlake- cooler A 2 foosball tables 1 2 tap cooler -old 1 large cigarette machine 1 bag in box rack - 10 piece 1 liquor dispensing system 1 5 drawer desk - small 1 2 drawer file/letter size 30 chrome oval back chairs 1 executive desk w/credenza 1 2 door cabinet - metal 2. side chair - office 1 4 drawer letter size file cabinet 1 Sharp calculator 3 turntable-Tecnics 1 multi CD OMNIS 5 Disc 1 lite lab L-4000 LGC color controller 1 Lite lab LCE -870 3 way key board 1 Rane-MP 24 mixer/pre amb. 1 lite lab LD8 Pro Controller 1 General instr. Slave -satellite 1 Uniden Slave -satellites 1 Videocipher II - satellite 1 Videocipher II (missing) i 2 RRM-2-120 Randall amps 2 NEC VCR 4 head 6 Panisonic video monitors 6" 6" 8 channel switchers - GE 2 1 12 channel Panisdnic switcher 1 6 channel Panisonic switchers 1 Altspot - spot light 1 G I switcher 1 Panisonic video cam. ceiling mount 1 pan & tilt & Zoom controller 7 ceiling fans 1 mirror ball _ 14 stage flood lights 16 pin spots - dance floor 1 strobe light 2 motor driven banner hangers 3 motor driven projector screen 2 cable boxes - RF 1 Lite Lab LCE802 modular driver 8 channel 1 Lite Lab LZE 402 4 channel 2 Hardwood pool table covers 1 dolly for dance floor 2 Satellite dish's - large C -r— II I n - II r: ! ii U r r1LM �N1U.G7 J I IP REHv\"e �T2 !Z1 ''IlF IN'r ILLUTA I 11 1 n EXIST % Fv � � �.�►Ca� / '' � - � �x4ic3iT 3 CLAIM FOR DAMAGES OAK TREE vs. CITY OF DIAMOND BAR 3/24/94 DETAILED COMMENTS & CALCULATIONS OF DAMAGES 1. LOSS OF LEASE INCOME This section of damages has been calculated based upon loss of lease income for 60 months. Based upon vacancies which have existed in the Oak Tree shopping center (some almost 8 years). The 5 year period is potentially a realistic estimate unless Oak Tree were to sublease the space at "give away" rental which would to some extent mitigate the damage calculated below. In order to fairly estimate our loss we have discounted the 5 year loss based upon the immediate use of funds at 30 months using a discount rate of 8%. 60 months C $9,800 per month = 30 month discount rate C 8% = $588,000 Estimated loss assuming5 y _ x 8255 year vacancy 485 394 2. LOSS OF TIME LOSS OF REPUTATION EMOTIONAL STRESS It is estimated that Loren Wilson on behalf of Oak Tree spent about 45 hours prior to lease termination relating to the Night Club Sublease and Lawrence Malcolm about 75 hours from approximately 1/3/94 through 3/7/94. Total combined loss of time is estimated at $14,250 for both Wilson and Malcolm. In addition, Oak Tree Lanes, Wilson and Malcolm suffered loss of reputation and emotional distress due to the incident. Damage is estimated at $45,000 but will be revised according to proof. 3. TOTAL ESTIMATED LOSS Paragraph 1 Paragraph 2 TOTAL LOSS $485,394 14,250 45,000 544 644 i✓x�-i i; i; L 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 • FAX 909-861-3117 March 1, 1994 Oak Tree Lanes c/o Lauren Wilson 990 N. Diamond Bar Blvd. Diamond Bar, CA 91765 RE: Backstreet Cafe Notice of Violation, Order to Abate It has come to our attention that the Backstreet Cafe, located within the Oak Tree Lanes at 990 N. Diamond Bar Blvd., is operating in violation of Conditional Use Permit #85 -061 -CD, issued on July 17, 1985, the City business license, and the 1991 Uniform Building Code. The tables and chairs previously occupying the first floor of the cafe have been removed and illegally replaced with a dance floor. Therefore, this letter shall constitute a formal notice of violation, and you are hereby ordered to discontinue all dancing related activities immediately, and are furthermore ordered to restore said floor to its original approved use. Should you fail to comply with this notice of violation, we have no alternative but to initiate the revocation of the above-mentioned Conditional Use Permit. Further inspections will be conducted to determine compliance. Should you have any further questions regarding this letter, please contact Dennis Tarango, Building Official at (909) 860-3195, or my office at (909) 396-5676. City of Diamond Bar 0 J'ames DeStefano Community Development Director CC: City Manager City Attorney Building Official Fire Department Oak Tree Plaza Associates Gary H. Wemer Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager PORT DATE: April 13, 1994 MEETING DATE: April 19, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Notice of Completion for Golden Springs Drive Reconstruction/Rehabilitation Project Between Brea Canyon Road and Grand Avenue SUMMARY: The City Council, on August 3, 1993, awarded Brea Canyontto Ro an d Services, G�►d Avenue. The reconstruction/rehabilitation of Golden Springs Drive installation was completed on March 24, 1994. RECOMMENDATION: It is recommended that the City Council accept the work performed by IPS Services, Inc. and authorize the City Clerk to file the proper Notice of Completion and release any retention amounts per previously approved plans and specifications. LIST OF ATTACHMENTS:X Staff Report _ Resolution(s) _ Ordinances(s) — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's office) X Other: (Notice of Completion) 1. Has the resolution, ordinance or agreement been reviewed N A _ Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majorityes X No 3. Has environmental impact been assessed? — Yes X No 4. Has the report been reviewed by a Commission? — Which Commission? Yes X No 5. Are other departments affected by the report? — Report discussed with the following affected departments: REVIEWED BY: ank . Us r eorge A. Wentz errence L. Belanger;44 Interim City Engineer City Manager Assistant City Manager c:1wp6oUhx alcaYUBen&-9\BbePrs.419 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 19, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Notice of Completion for the Golden Springs Drive Reconstruction/Rehabilitation Project Between Brea Canyon Road and Grand Avenue ISSUE STATEMENT File and Submit for recordation a Notice of Completion for the Golden Springs Drive Reconstruction/Rehabilitation Project between Brea Canyon Road and Grand Avenue. RECOMMENDATION: It is recommended that the City Council accept the work performed by IPS Services, Inc. and authorize the City Clerk to file the proper Notice of Completion. FINANCIAL SUMMARY: This process of filing Notice of Completion has no financial impact on the City's 1993-1994 budget. BACKGROUND/DISCUSSION: The City Council, at their regular meeting of August 3, 1993, awarded the contract for the Golden Springs Drive Reconstruction/Rehabilitation Project between Brea Canyon Road and Grand Avenue to IPS Services, Inc., the lowest responsible bidder. The final construction contract amount, including change order items, was $721,899.69. On March 24, 1994, a final job walk was conducted with IPS Services, Inc. to determine the adequacy of all constructed improvements. Staff has determined that the work is in accordance with the plans and specifications prepared and approved by the City. Prepared By: David G. Liu C:\WP60\LINDAKAY\CCR-94\GLDSPRS.419 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is own>r or corporate officer of the owner oB1aTe interest or estate stated below in the property hereinafter described: Cit of Dian 2. The full name of the owner is y 3. The full address of the owner is 21660 E. Copley Drive, Ste. 100 Diamond Bar, CA 91765-4177 4. The nature of the inter?st or estate of the owner is; In fee. r under contract of our-nse.­ a( lessee pf other than fee. strike In fee ifany,who hot, for exampld le with theeundersigned as joint tenants or as tenants in common are: 5. The full names and `UII addresses of all pe AOCRESSES NAMES 6. A work of improvement on the property hereinafter described was completed on h 24 1994 . The work done was: Road and Golden Springs Drive Reconstruction/Rehabilitation YrojecnC between Brea any !!�� 7. actor, if any, for such work of improvement was (pate of Contract) ontractor for wark of improvement as a whole, insert "none".) $, The property an which said work of improvement was completed is in the city of Golden Springs Drive County of Los Angeles , State of California, and is described as follows: Road and Grand Avenue Reconstruction/Rehabilitation Project between Brea Canyon 9. The street address of said property is (If no street address has been atticially assigned, iasart "none %) Dated: Verification for Individual Oeaer Signature of owner cr :='no2aor his agent cer f owner agent named in pang a. VERIFICATION the declarant of the foregoing I, the undersigned, say: I am the interim Cit En ineer "Owner o ("President of "Manager of', "A partner of', f; t; the same is :rue of my awn knowledge. etc.) notice of completion; I have read said notice of completion and know the contents thereo I declare under penalty of perjury that the foregoing is true and correct. California. Executed on 19 , at (City where sig'.ec ) Gale of signature.) RECORDING REQUEST: 9Y J AND WHEN RECOR]E] MAi1 t \ Mame City of Diamond Bar Street Wress 21660 E. Copley Drive, Ste. 100 City R State Diamond Bar, CA 91765-4177 L Attn: City Clerk eoarc eaovE THIS EINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is own>r or corporate officer of the owner oB1aTe interest or estate stated below in the property hereinafter described: Cit of Dian 2. The full name of the owner is y 3. The full address of the owner is 21660 E. Copley Drive, Ste. 100 Diamond Bar, CA 91765-4177 4. The nature of the inter?st or estate of the owner is; In fee. r under contract of our-nse.­ a( lessee pf other than fee. strike In fee ifany,who hot, for exampld le with theeundersigned as joint tenants or as tenants in common are: 5. The full names and `UII addresses of all pe AOCRESSES NAMES 6. A work of improvement on the property hereinafter described was completed on h 24 1994 . The work done was: Road and Golden Springs Drive Reconstruction/Rehabilitation YrojecnC between Brea any !!�� 7. actor, if any, for such work of improvement was (pate of Contract) ontractor for wark of improvement as a whole, insert "none".) $, The property an which said work of improvement was completed is in the city of Golden Springs Drive County of Los Angeles , State of California, and is described as follows: Road and Grand Avenue Reconstruction/Rehabilitation Project between Brea Canyon 9. The street address of said property is (If no street address has been atticially assigned, iasart "none %) Dated: Verification for Individual Oeaer Signature of owner cr :='no2aor his agent cer f owner agent named in pang a. VERIFICATION the declarant of the foregoing I, the undersigned, say: I am the interim Cit En ineer "Owner o ("President of "Manager of', "A partner of', f; t; the same is :rue of my awn knowledge. etc.) notice of completion; I have read said notice of completion and know the contents thereo I declare under penalty of perjury that the foregoing is true and correct. California. Executed on 19 , at (City where sig'.ec ) Gale of signature.) CITY OF DIAMOND DA .R AGENDA REPORT AGENDA NO. �D TO: Terrence L. Belanger, City Manager MEETING DATE: April 19, 1994 REPORT DATE: April 15, 1994 FROM: Bob Rose, Director of Community Services TTTLE: Acceptance of Irrigation Materials and Trees at Grand Avenue and Route 60 Freeway provided by Marina Contractors, Inc. SUMMARY: The City Council, at their regular meeting of January 5, 1993, awarded the contract for the provision of materials for the irrigation system and the planting of trees at Grand Avenue and 60 Freeway to Marina Contractors, Inc., the lowest responsible bidder. The materials have all been provided and installed and are prepared to be accepted by the City. Beginning May 1, 1994, this portion of the project will be maintained by the State of California (CalTrans). RECOMMENDATION: It is recommended that the City Council accept the materials provided by Marina Contractors, Inc. and authorize the City Clerk to file the proper Notice of Completion and release any retention amounts per previously approved plans and specifications. LIST OF ATTACHMENTS:_ Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) _ Public Hearing Notification Bid Specifications (on file in City Clerk's office) X Other: (Notice of completion) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed?_ 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. E City Manager Irfank M. Usher Assistant City Manager c:\WP60\LJNDAKAY\AGENDA-9\IRRG419.BOB Bob Rose Community Services Director RE�ORGING RE:7iJ= T_C P 4N5 A'h1N RECORD=S MAIL Tl, F I Name City of Diamond Bar "rep) 21660 E. Copley Drive, Ste. 1 AL?ea ,.g Diamond Bar, CA 91765-4177 Mate L J 12 NOTICE OF COMPLETION Notice pursuart to Cvd Code Section 3093, must be filed within 10 days after competion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned s owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described 2. The full name of the owner is City of Diamond Bar 3 The full address of the owner is 21660 E Coulee Drive Ste 100 4. The nature of the interes' or estate of the owner :s n fee. 'If olher than fee. St':Fe 1, fee" and insert. 1,r e+angle, purchaser under contract of purchase," rr "lessee' 5. The full names and full addresses of all persons. if any who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6 A wars of improvement on the property hereinafter described was completed en -April 15. 1994 The work done was: T a r r r at u r 60 F d Grauid—Airpri Tntprrhange 7 The name of the contractor, it ary, for such work of improvement was Marina Contractors, Inc. _ .If no contractor for worn of mpro,emeat as a whole, sert none') (Date of Contract) S The property on which said work of improvement was completed is In the city of _Diamond Bar County of Los Angeles . State of Ca lturnia and is described as follows: Route 60 Freeway at the Grand Avenue Interchange 9. The street address of said property is None 11 ^o s'reet address has been officially assigned nsert "none".) Dated: April 15, 1994. 'Verification for Indlvoual Cwner VERIFICATION Signature. of owner or :orporate officer of owner named in paragraph 2 or his agent I, the undersigned say: I am the City Manager the declarant of the foregoing (' President of "Manager of , "A partner of "Owner of , etc.) notice of completion; I have read sad notice of completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury that the foregoing is true and correct. Executed on April 15 19 94 at Diamond Bar California. Date of signature., (City where signed-) Personal signature of the individual who is swearing that the contents of the notice of completion are true.) NOTICE OF COMPLETION -Cl FORM 1116—F" " 74 oriCE=:11131 8 .t. *.'pe ':r large CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7 r TO: Terrence L. Belanger, City Manager MEETING DATE: April 19, 1994 REPORT DATE: April 12, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Adoption of a 1994 Congestion Management Program (CMP) Conformance Self -Certification Resolution SUMMARY: In compliance with the 1993 Congestion Management Program (CMP) for Los Angeles County, the City of Diamond Bar is required to adopt a resolution self -certifying our conformance with the CMP by May 1, 1994. This includes the jurisdiction documenting its participation in the countywide deficiency plan, accomplished through annual submittal of a local implementation report. RECOMMENDATION: That the City Council adopt Resolution No. 94 -XX entitled "A Resolution of the City of Diamond Bar, California, finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report, in accordance with California Government Code Section 65089". LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: X Public Hearing Notification Bid Specification (on file in City Clerk's Office) Other: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? X Yes No 2. Does the report require a majority or 4/5 vote? _ Majority 3. Has environmental impact been assessed? 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: N/A REVIEWED BY: City Manager Assistant eorge A. Wentz City Manager Interim City Engineer CITY COUNCIL REPORT AGENDA NO.. MEETING DATE: April 19, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECTS: Adoption of a 1994 Congestion Management Program (CMP) Conformance Self -Certification Resolution ISSUE STATEMENT: In compliance with the 1993 Congestion Management Program (CMP) for Los Angeles County, the City of Diamond Bar is required to adopt a resolution self -certifying our conformance with the CMP by May 1, 1994. This includes the jurisdiction documenting its participation in the countywide deficiency' plan, accomplished through annual submittal of a local implementation report. RECOMMENDATION: That the City Council adopted Resolution No. 94 -XX entitled "A Resolution of the City of Diamond Bar, California, finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report, in accordance with California Government Code Section 65089". FINANCIAL SUMMARY: The City receives various gas taxes, State, and Federal Funds as sources for Public Works operations and CIP projects. If the City fails to report it's compliance with the CMP requirements annually, the State of California may withhold our monies for non-conformance. BACKGROUND/DISCUSSION: The 1993 Congestion Management Program (CMP) for Los Angeles County was adopted by the MTA Board of Directors in November of 1993. The CMP has been developed to meet the requirements of the State statute. It is intended to address regional congestion by linking transportation, land use, air quality decisions. As required by statute, the CMP has the following five elements: 1. A system of highways and roadways with minimum level of service performance standards designated for highway segments and key roadway intersection on this system; 2. Transit standards for frequency and routing of transit service and coordination between transit operators; 3. A trip reduction and travel demand management element promoting alternative transportation methods during peak travel periods; 4. A program to analyze the impacts of local land use decisions on the regional transportation system, including an estimate of the costs of mitigating those impacts; and Page Two CMP: 1994 April 12, 1994 5. A capital improvement program. Additionally, the 1993 CMP adds procedures for meeting deficiency plan requirements/responsibilities. There are no deficiency plan requirements in the previous CMP. Because of the high levels of congestion, complex patterns, and diversity of communities in Los Angeles, it was determined that a countywide deficiency plan would be most effective. The City Council has previously adopted a Congestion Management Plan which is in compliance with MTA requirements. For 1994, local CMP conformance will be based on meeting the following major program responsibilities. These responsibilities must be confirmed in a self -certification resolution locally adopted at a noticed public hearing by May 1, 1994: * Continues implementation of the CMP transportation demand management (TDM) ordinance. This Ordinance No. 01 (1993), which encourages carpooling, vanpooling transit ridership and non -motorized transportation was adopted at the March 16, 1994 City Council meeting. * Continued implementation of the CMP land use analysis program to analyze the impacts of new development on the regional transportation system. Appropriate land use evaluation guidelines were included as part of the aforementioned TDM Ordinance No. 01 (1993). * Commitment by the jurisdiction to implement the development activity tracking system by June 1, 1994. * Completion of a Local Implementation Report. This report will include a list of transportation improvements implemented since January 1, 1990 for which the jurisdiction is claiming deficiency plan credit i.e. public works improvements, planning and zoning programs, transit services, and ridesharing programs. Conformance of the CMP assures the continued flow of Section 2105 state gas tax funds, and preserves our eligibility for state and federal funding for transportation projects. PREPARED BY: David G. Liu Tseday Aberra RESOLUTION NO. 94- A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, the Los Angeles County Transportation Authority ("MTA"), acting as the Congestion Management Agency for Los Angeles County, adopted the Congestion Management Program on November 17, 1993; and WHEREAS, the adopted CMP requires that MTA annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, the adopted CMP requires submittal to the MTA of the CMP local implementation report by May 1, 1994; and WHEREAS, the City Council held a noticed public hearing on April 5, 1994. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City of Diamond Bar has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 1993 CMP. The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program That by November 1, 1994, the City will forward to Los Angeles County Metropolitan Transportation Authority a list of regional transportation improvements implemented by the City since January 1, 1990, as the basis for establishing credits, consistent with the requirements identified in the CMP Countywide Deficiency Plan Chapter. That as of June 1, 1994, the City will begin tracking new development activity, consistent with the requirements identified in the CMP. This information will be annually tabulated, as the basis for establishing the City's mitigation responsibility under the Countywide Deficiency Plan. Section 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. PASSED, APPROVED AND ADOPTED this day of MAYOR . 1994. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1994, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAINED: COUNCILMEMBER: LYNDA BURGESS, City Clerk City of Diamond Bar NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City Council of the City of Diamond Bar that, pursuant to California Government Code, Section 66016, a public hearing will be held by the City Council. on Tuesday, April 5, 1994, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the AQMD Auditorium, 21865 East Copley Drive, Diamond Bar, California for the purpose of considering the following: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FINDING THE CITY TO BE IN COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 ALL PERSONS INTERESTED are invited to attend said hearing and express opinions on the matter outlined above. Written comments regarding this matter may be submitted to the City Clerks Office anytime prior to the hearing. FURTHER INFORMATION may be obtained by calling the City Clerkrs Office at (909) 860-2489. DATED: March 16, 1994 /s/ Lynda Burgess, City Clerk City of Diamond Bar Publish: March 18, 1994 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 19, 1994 REPORT DATE: April 15, 1994 FROM: James DeStefano, Community Development Director TTTLE: Consideration of an ordinance amending Title 22 of the Los Angeles County Code by adding a new Chapter 22.54 establishing property maintenance standards (Zone Code Amendment No. 93-3). SUMMARY: Due to a number of complaints regarding the deteriorating condition of residential, commercial and industrial property in the city, the Planning Commission has drafted a Property Maintenance Ordinance for City Council's review and approval. RECOMMENDATION: Staff recommends that the City Council open the public hearing, take testimony, waive full reading and adopt for first reading Ordinance No. XX (1994) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING A NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS. LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Ordinances(s) Agreement(s) X Other - Planning Commission Minutes and Comparison Matrix EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: 1 Terrence L. Be#nger Janes DeStefan City Manager Assistant City Manager Community Dev lopment Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 5, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of an ordinance amending Title 22 of the Los Angeles County Code by adding a new chapter 22.54 establishing property maintenance standards (Zone Code Amendment No. 93-3). ISSUE STATEMENT: Due to a number of complaints regarding the deteriorating condition of residential, commercial and industrial property in the city, the Planning Commission has drafted a Property Maintenance Ordinance for City Council's review. BACKGROUND: In early 1993, the City Council Code Enforcement Subcommittee began crafting a Property Maintenance Ordinance (PMO) responding to complaints received by the City. Council subcommittee members, staff, and representatives of the Diamond Bar Improvement Association (DBIA) met over several months to develop property maintenance standards for the community. The standards are designed to respond to identified concerns regarding the general deteriorating appearance and condition of certain properties within the City. The City is limited, currently, in its resources with respect to responding to the problem of deteriorating property conditions and lack of property maintenance. The City enforces the current county codes, as amended, including the Zoning Ordinance, and the various Uniform. Codes which it has adopted. The current tools for enforcement have proven ineffective. The problem of deteriorating property and lack of property maintenance is increasing due to the age of our housing stock and the expiration of private covenants, conditions, and restrictions previously placed on property throughout the City. The subcommittee examined property maintenance ordinances enacted by the cities of Brea, Buena park, Chino, Glendora, La Puente, Montclair, Ontario, San Marino, Walnut and Yorba Linda. Draft documents were prepared and reviewed by the Los Angeles County Deputy District Attorney and the previous City Attorney. The Draft Ordinance was presented to the Planning Commission in September 1993. The ordinance identifies the lack of property maintenance as a contributing factor to the physical deterioration of residential, commercial, and industrial property. The deterioration may lead to a decline in property values and aesthetic quality of the City. The purpose of the ordinance is to preserve and improve the overall condition of properties and structures within the city. 1 ated to age of The ordinance responds to identifiedfront and side yard rarleas visiblerfrom thestreet. and motor vehicles in the parking areas Maintenance of buildings, landscaping, fences and walls, and p g are also addressed. Abatement procedures have been crafted setting forth notification, hearing and assessment processes. PLANNING COMMISSION ACTION: The Planning Commission began its reviewing of the subcommittee draft ordinance in September 1993. Theacommission uary held public hearings on October il, and December. 13,Co pi, an concluded its February 14, and February 28, 1994, The Planning review by recommending unanimously that the City Council adopt the attached Property Maintenance Ordinance. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt pursuant to Sections 15305 and 15321. PUBLIC HEARING NOTIFICATION: The original public hearing for the Property Maintenance Ordinance was pubas cly tocedin accordance list of interested st t e and local requirements and a mailing w PREPARED BY: James DeStefano Community Development Director attachments: Planning Commission Resolution City Council Ordinance No. 94 -XX Property Maintenance Comparison Matrix Planning Commission Minutes Public Hearing Ads RESOLUTION NO. 94-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY - OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPT AN ORDINANCE WHICH ESTABLISHES A PROPERTY MAINTENANCE ORDINANCE (CASE NO. ZCA 93-3) A. Recitals. (i) The City of Diamond Bar has determined that existing County Codes applicable to the Property Maintenance Standards within the City of Diamond Bar fail to provide standards suitable and appropriate for the City. The City Council has charged the Planning Commission with development of a Property Maintenance Ordinance which constitute and establish standards for the = riy City which satisfy the aspirations and expectations of Diamond Bar. (iii) The Planning Commission has reviewed the proposed Property Maintenance Ordinance at public hearings held October 11, 1993, December 13, 1993, January 24, 1994, February 14, 1994 and February 28, 1994. The Commission has duly considered public testimony presented at the hearing, as well as technical analysis provided by City Staff. (iv) The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the Property Maintenance Ordinance attached hereto as Exhibit "A": and incorporated by reference into this Resolution satisfy and 1 exemplify the goals and needs of the community. The Planning Commission has duly considered the issues related to property maintenance so as to provide maximum benefit and minimum detriment to the community. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. BE IT RESOLVED by the Planning Commission of the City of Diamond Bar as follows: 1. In all respects as set forth in paragraph A, Recitals, as set forth hereinabove. 2. The Planning Commission hereby recommends that the City.Council adopt the Property Maintenance ordinance for the City of Diamond Bar attached hereto as Exhibit "A" and incorporated herein by reference. 3. The Planning Commission finds and determines that the ordinance proposed by this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Sections 15305 of Division 6 of Title 14 of the California Code of Regulations. 4. The Planning Commission finds and determines that in accordance with Section 65361 of the California Government Code that there is little or no probability that the project will be detrimental to or interfere with the future adopted General Plan of the City of Diamond Bar. 2 5. the Secretary of the Planning Commission is hereby directed to certify to the adoption of this Resolution and is further directed to promptly submit the recommended Property Maintenance Ordinance to the City Council for their review and consideration. PASSED, ADOPTED AND APPROVED THIS 28th of February, 1994. Chair an I, James DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on held on the 28th of February, 1994, by the following vote -to -wit: AYES: [COMMISSIONERS:] Meyer, Plunk, Flamenbaum, Grothe and Li NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Seer tary to the Planning Commission 3 ORDINANCE NO. (1994) AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OFDIAXOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE HY ADDING A NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY NAINTENANCE STANDARDS. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California and, on that date, the City Council adopted, by reference, the Los Angeles County Code as the ordinances of the City, including Title 22 thereof, pertaining to Planning and Zoning Regulations for the City of Diamond Bar. (ii) The Planning Commission of the City of Diamond Bar has heretofore conducted and concluded a duly noticed public hearing, as required by law, and has recommended the adoption of the Ordinance set forth below. (iii) The City Council of the City of Diamond Bar has heretofore conducted and concluded a duly noticed public hearing, as required by law,. with respect to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City of Diamond Bar does ordain as follows: Section 1. In all respects as set forth in the Recitals, part A, of this Ordinance. 1 Section 3. The City Council hereby finds and determines that the adoption of this Ordinance is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15305 of Division 6 of Title 14 of the California Code of Regulations. section 3. A new Chapter 22.54 is hereby added to Title 22 of the Los Angeles County Code as amended & adopted by the City, to read, in words and figures, as follows: "Chapter 22.54 PROPERTY MAINTENANCE STANDARDS Parts: 1. Purpose and Intent 2. Definitions 3. Single -Family Standards 4. Multifamily Standards 5. Commercial Standards 6. Industrial Standards 7. Abatement Procedures Part 1 PURPOSE AND INTENT sections: 22.54.010 Purpose and Intent The lack of property maintenance contributes to the deterioration of residential, commercial and industrial properties, including structures, landscaping and improvements thereon, and a resulting decline in property values within the City of Diamond Bar. Such deterioration may lead to an overall decline of aesthetic quality within the City including the quality of the appearance of residential, commercial and industrial neighborhoods. Further, deteriorating conditions of 2 property may contribute to the creation of conditions adverse to the public health, safety and welfare. Establishing property maintenance standards, through the adoption of this Ordinance, will serve to preserve and improve the overall condition of properties and structures in the City of Diamond Bar, and will further serve to minimize the creation of conditions which pose a risk to the public health, safety and welfare. It is the intent of the City Council of the City of Diamond Bar, in adopting this Ordinance, to be sensitive to the needs of financially and/or physically disadvantaged residents, while concurrently providing a useful property maintenance enforcement tool to be utilized when notification of responsible parties and attempts to prevent or eliminate the conditions described herein have proven ineffective. Part 2 DEFINITIONS Sections: 22.54.020 Purpose 22.54.030 Nuisances in General 22.54.040 Public Nuisance 22.54.050 Nuisance Per Se 22.54.060 Commercial Vehicles 22.54.070 Driveway 22.54.080 Yard 22.54.020 Purpos® 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 the singular include the plural and vice versa. 22.54.030 Nuisances in General State law defines a "nuisance" as being "anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property." Cal. Civ. Code S370 (1992); Cal. Penal Code S 3479. 22.54.040 Public Nuisance A public nuisance affects an entire community or neighborhood, or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Cal. Civ. Code S 3480. A public nuisance is an act or omission which interferes with the interests of the community or the comfort or convenience of the general public and interferes with the public health, comfort and convenience. 22.54.050 Nuisance Per Se Examples of activities that are nuisances per se include water pollution by discharge, structures which amount to a fire hazard, noise, air pollution, weeds, rubbish and refuse, junkyards, earth movement and illegal signs. 4 22.54.060 Commercial Vehicles (a) A "commercial vehicle" is a vehicle of a type required to be registered under the Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. (b) Passenger vehicles which are not used for the transportation of persons for hire, compensation, or profit and housecars are not commercial vehicles. (c) Any vanpool vehicle is not a commercial vehicle. 22.54.070 Driveway (a) That approach portion of the road right of way where motor vehicles enter or leave the highway onto private property. (b) A private roadway providing access to a street, highway or off-street parking facilities. 22.54.080 Yard (a) "Front yard" means a yard extending across the full width of a lot between the front lot line and any main building, including the projection of the main building to the side lot lines.(See Diagram A) (b) "Side yard" means a yard extending from the front yard to the rear yard between the side lot line and any main or accessory building. In the case of a side yard abutting a street, the side yard is considered as extending from the front yard to the rear lot line.(See Diagram A) 5 (c) "Rear yard means a yard extending across the full main building, width of a lot between the rear lot line and any the side lot including the projections of the main building to lines except as noted in 2 above. (See Diagram A) 22.54.090 code Enforoesent Official Manager Code Enforcement Official shall mean the City ao or any person authorized or designated by the City Manager enforce the provisions of this Ordinance. Part 3 SINGLE-gAXILY STANDARDS Sections: 22.54.100 Scope. and/side yard abutting a 22.54.110 Storage --Front y street. le parking - 22.54.120 Motor vehic.Hance. 22.54.130 Buildingmaintenance. 22.54.140 Landscape 22.54.150 Fence and wall maintenance. 22.54.100 SCOPE The standards specified in Part 2 shall apply to all lots or parcels within the City designated as single- family, and shall govern over any inconsistent, less stringent provisions contained in this Code. 22.54.110 Storage --Front yard/side yard abutting a street. A. The entire front yard, and side yard visible from an adjacent street or sidewalk, shall be kept and maintained free and clear of all construction and automotive 6 materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, dismounted camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. B. Notwithstanding the provisions of subsection A of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise operative motor vehicle upon a paved driveway or paved parking area; provided, however, that such emergency or minor repair shall be concluded within ten (10) consecutive days of the commencement thereof or up to thirty (30) days at the discretion of the hearing officer. C. Notwithstanding the provisions of subsections A and B of this section, a side yard abutting a street shall be screened by an approved wall or fence. 22.54.120 Motor Vehicle Parking A. All parking of motor vehicles, including recreational vehicles, on a single-family lot or parcel shall occur within a garage, or carport, or upon a driveway or other paved parking area which is in compliance with all applicable codes. If parked on a side yard, an open pedestrian walkway of a width of not less than 36" shall be maintained on one side yard for public safety access purposes. B. No person shall park or store any commercial vehicle, trailer or related equipment for any period in excess of 72 hours provided that no more than two such permitted vehicles may be parked on any such lot or parcel at any one time. 7 22.54.130 Building Maintenance All buildings, structures and paved areas within any lot or parcel designated as single-family shall be kept and maintained in a manner so as not to constitute a public nuisance or a nuisance per se. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. 22.54.140 Landscape maintenance All landscaped areas within the front yard of any developed lot or parcel designated as single-family shall be kept and maintained in a manner so as not to constitute a public nuisance or nuisance per se. Landscaped areas shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to keep the same in a healthy growing condition. Irrigation systems shall be maintained in such a manner as to prevent public health or safety hazards. 22.54.150 Fence and wall maintenance A. All fences and walls upon any lot or parcel designated as single-family shall be kept and maintained in compliance with all applicable codes and in a manner so as not to constitute a public nuisance or nuisance per se and to protect 8 the health, safety and welfare of the user, occupant and the general public. B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such material, as permitted by applicable law. Part 4 MULTIFAMILY STANDARDS Sections: 22.54.160 Scope. 22.54.170 Storage -Yards 22.54.180 Storage -Garages and carports 22.54.190 Motor vehicle parking 22.54.200 Building maintenance 22.54.210 Landscape maintenance 22.54.220 Fence and wall maintenance 22.54.230 Maintenance of parking and similar areas 22.54.160 Scope The standards specified in Part 4 shall apply to all lots or parcels within the City designated as multi -family, and shall govern over any inconsistent, less stringent provisions. contained in this Code. 22.54.170 Storage --Yards A. The entire front yard and side yard abutting a street shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, 9 trash and debris shall only be kept within approved trash enclosure(s). B. "Notwithstanding the provisions of subsection A of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise operative motor vehicle upon a paved driveway or paved parking area; provided, however, that such emergency or minor repair shall be concluded within ten (10) consecutive days of the commencement thereof or a maximum of thirty (30) days as approved by the hearing officer. 22.54.180 Storage --Garage and carports No storage of materials, including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment, debris, inoperative motor vehicles, camper shell not mounted on motor vehicles or boats and trailers shall be permitted within any garage or carport so as to restrict the parking of an operative motor vehicle in the required parking spaces. 22.54.190 Motor vehicle parking A. All parking of motor vehicles on a multifamily lot or parcel shall occur within a garage, or carport, or upon a driveway or other paved parking area which is in compliance with all applicable codes. If parked on a yard, an open pedestrian walkway of a width of not less than 36" shall be maintained on one side yard for public safety access purposes. 10 B. No person shall park or store any commercial vehicle, trailer or related equipment for any period in excess of 72 hours provided that no more than two such permitted vehicles may be parked on any such lot or parcel at any one time. 22.54.200 Building maintenance All buildings, structures and paved areas within any lot or parcel designated as multifamily shall be kept and maintained in a manner so as not to constitute a public nuisance or nuisance per se. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. 22.54.210 Landscape maintenance All landscaped areas within the front yard of any lot or parcel designated as multifamily shall be kept and maintained in a manner so as not to constitute a public nuisance or nuisance per se. Landscaped areas shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be maintained in such a manner as to prevent public health or safety hazards. 11 22.54.220 Fence and Mall maintenance A. All fences and walls upon any lot or parcel designated as single-family shall be kept and maintained in compliance with all applicable codes and in a manner so as not to constitute a public nuisance or nuisance per se and to protect the health, safety and welfare of the user, occupant and the general public. B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, as permitted by applicable law. 22.54.230 xaintenance of parking and similar areas All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as multifamily shall be kept and maintained so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. parking space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. 12 Part 5 COMMERCIAL STANDARDS Sections: 22.54.240 Scope. 22.54.250 Storage in yards. 22.54.260 Motor vehicle parking. 22.54.270 Building maintenance. 22.54.280 Landscape maintenance. 22.54.290 Fence and wall maintenance 22.54.300 Maintenance of parking and similar areas. 22.54.240 Scope. The standards specified in Part 5 shall apply to all lots or parcels within the City designated as commercial, and shall govern over any inconsistent, less stringent provisions contained in this Code. 22.54.250 Storage in yards. All storage within front and side yard areas approved by the City or permitted by the zoning ordinance shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. 22.54.260 Motor vehicle parking A. All parking of motor vehicles on a commercial lot or parcel shall occur upon a paved parking area which is in compliance with all applicable codes. If parked on one side yard, an open pedestrian walkway of a width of not less than 36" shall be maintained for public safety access purposes. 13 B. No person shall park or store any commercial vehicle, trailer or related equipment for.any period in excess of 72 hours provided that no more than two such permitted vehicles may be parked on any such lot or parcel at any one time. 22.54.270 Building maintenance All buildings, structures and paved areas within any lot or parcel designated as commercial shall be kept and maintained in a manner so as not to detract from the neighborhood and to protect the health, safety and welfare of the user, occupant and general public. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. 22.54.280 Landscape maintenance All landscaped areas within the front yard of any lot or parcel designated as commercial shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, substantially free of weeds, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. 14 22.54.290 Fence and Nall maintenance A. All fences and walls upon any lot or parcel designated as commercial shall be kept and maintained in compliance with all applicable codes and in a manner so as not to constitute a public nuisance or nuisance per se and to protect the health, safety and welfare of the user, occupant and the general public. B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, as permitted by applicable law. 22.54.300 Maintenance of parking and similar areas All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as commercial shall be kept and maintained so as to not detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. The provisions contained within this Section shall apply to private property open to the public. 15 Part 6 Industrial Standards Sections: 22.54.310 Scope. 22.54.320 Storage in yards. 22.54.330 Motor vehicle parking. 22.54.340 Building maintenance. 22.54.350 Landscape maintenance. 22.54.360 Fence and wall maintenance. 22.54.370 Maintenance of parking and similar areas 22.54.310 The standards specified in Part 6 shall apply to all lots or parcels within the city designated as industrial, and shall govern over any inconsistent, less stringent provisions contained in this code. 22.54.320 Storage in yards All storage within yard areas approved by the City or permitted by the zoning ordinance shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. 22.54.330 Motor vehicle parking A. All parking of motor vehicles on an industrial lot or parcel shall occur upon a paved area which is in compliance with all applicable codes. If parked on one side yard, an open pedestrian walkway of a width of not less than 36" shall be maintained for public safety access purposes. B. No person shall park or store any commercial vehicle, trailer or related equipment for any period in excess of W 72 hours provided that no more than two such permitted vehicles one time - may be parked on any such lot or parcel at any 22.54.340 Building Xaiatenaace All buildings, structures and paved areas within any lot or parcel designated as industrial shall be kept and manner so as not to constitute a public nuisance maintained in a awed nuisance per Se. All such buildings, structures and p orviolation of this areas shall be deemed substandard and in la evidence of exterior section when any or all of the same display dilapidated conditions. 22.54.350 Landscape maintenance All landscaped areas within the front yard of any lot si nated as industrial shall be kept and maintaine or parcel de g in a manner so as not to constitute a public nuisance or nu isanc se Landscaped areas shall be kept in a neat and clean per diseased or condition, substantially free of debris and dead, dying vegetation, and broken or defective decorative elements Of , ed area. Foliage in landscaped areas shall be mowe the landscap the same in a groomed, trimmed, pruned and watered as to keep growing condition. Irrigation systems shall be healthy ublic health or maintained in such a manner so as to prevent p safety hazards. 22.54.360 Fence and wall maintenance A. All fences and walls upon any lot or parcel designated as industrial shall be kept and maintained in 17 compliance with all applicable codes and in a manner so as not to constitute a public nuisance or nuisance per se and to protect the health, safety and welfare of the user, occupant and the general public. osts 1. sagging, broken, rotted or defective support p or other structural or decorative member; 2. Missing fence boards; 3. Damaged or missing blocks from a block wall. 4. Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas; 5. chain link fence material which is damaged or broken. lls utilized for screening B. All fences and wa purposes as required by this Part, shall be constructed of such materials, as permitted by applicable law. 22.54.370 Maintenance of parking and siailar areas All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as ustrial shall be kept and maintained so as to not detract from ind rotect the the appearance of the immediate neighborhood and to p ant and general health, safety and welfare of the user, occu P public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space delineation, pavement striping and related features an signs laced when the i ns shall be repainted, refurbished and/or rep 18 same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. The provisions contained within this Section shall apply to private property open to the public. DIAGRAM A ILLUSTRATION OF LOT LINE AND YARD DESIGNATIONS Street (Curb face) 19 In U U Front Lot Line . i FRONT YARD i •------- - - - - -- - I I I i - - -i 4-0 b a I cd I y� i MAIN � a a� I BUILDING q FC4 d I I 'Z t: ' REAR YARD i V) Rear Lot Line 19 In U U Part 7 ABATEMENT PROCEDURES Sections: 22.54.400 Procedures for Abatement of Public Nuisances 22.54.410 Appeals 22.54.420 Abatement of Public Nuisance by the City 22.54.430 Abatement of Imminently Dangerous Public Nuisance 22.54.440 Account of Abatement Costs 22.54.450 Procedure for Special Assessment 22.54.460 Hearing on Proposed Assessment Abatement. 22.54.470 Contest of Assessment 22.54.480 Notice of Lien 22.54.490 Procedures for Collection with Regular Taxes 22.54.500 Remedies of Private Parties 22.54.510 Right of Entry 22.54.520 Continuing Violations 22.54.530 Penalty for Violation 22.54.540 Injunction 22.54.550 Severability 22.54.400 P o so nuisances or nuisances ver se. Whenever the City Manager or designee has inspected or caused to be inspected any property and has determined that an unlawful condition constituting a public nuisance or nuisance per se exists thereon, the Code Enforcement Official may'use the procedures set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to require immediate removal, repair or isolation, the procedures set forth in this ordinance may be used by the Code Enforcement Official. (A) HEARING NOTICE 1. Where the Code Enforcement Official determines that a public nuisance or nuisance per se exists, he shall so advise 20 orally the affected party, (owner(s), agent, lessee, occupant or person(s) in possession of the affected properties as shown on the latest equalized tax assessment role) and shall give not less than 7 days written notice by mailing the same to the owner's address as indicated thereon, and further, within the same time period, by conspicuously posting on the affected property, building or structure a copy of the notice. 2. Both the oral and written notice shall indicate the nature of the alleged nuisance, the description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance. 3. The written notice and order of abatement shall be served to the affected party by regular and certified mail; however, the failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter. (B) CONDUCT 1. The hearings to determine whether a nuisance exists shall be conducted by the City Manager or his duly authorized representative, who shall act as the Hearing Officer. The Hearing officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). 2. Prior to the taking of testimony, the Hearing officer shall offer a mediation procedure to the affected party. If mediation is refused, or is unsuccessful in alleviating the unlawful condition, then the matter shall proceed to hearings. 21 in no event shall the mediation process delay the hearing process than 30 days from the date initially set for hearing* for more hearingsthe Hearing officer shall consider al , 3. At the applicable staff relevant evidence, including but not limited to shall give any interested person a reasonable He reports. All witnesses opportunity to be heard in conjunction therewith. pp Based upon the evidence so are subject to cross examination. presented, the Hearing Officer shall determine whether a nuisance within the meaning of this chapter exists. f the Hearing Off icer shall be final and 4. The decision o rovided in this conclusive in the absence of an appeal as p chapter. (C) ORDER OF ABATEMENT The Hearing Officer shall, within five working days of the a copy Of the written notice of his decision by hearing, give and a copy to any regular and certified mail to the owner(s)lsion shall contain an other person requesting the same. The decision abatement, if a nuisance is determined to exist, order of or the person s of the affected property directed to the owner(s) d shall set forth in the control and/or charge of the property, an isance, its location, and the time an the nature of the nud manner t. Notice of the period of limitation for abatement- for its ll be p shall rovided in the judicial review, as prescribed in S2► of note.) notice and decision. (See exhibit A for a sample form WORK. (D) EXTENSION OF TIME TO PERFORM person required Upon receipt of a written request from any P notice and order, the Hearing officer -may comply with the complete the grant an extension of time within which to 22 abatement, if the Hearing officer determines that such an extension of time will not create a situation imminently dangerous to life or property. The Hearing officer shall have the authority to place reasonable conditions on any such extension. The Hearing officer may take into account economic hardship and/or physical disability on the part of the affected party when granting such an extension. The hearing officer shall have discretionary approval to extend the length of time for the abatement proceeding based upon findings of fact such as (1) A determination that special circumstances or exceptional characteristics exist applicable to the property involved, such as size, shape, topography, location, or surroundings that are not generally applicable to other properties in the same vicinity and under identical zoning classification. (b) A determination that an extension of time is necessary for the preservation of a substantial property right of the applicant, such as that possessed by owners of other property or in the same vicinity and zone. (c) A determination that an extension of time would not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. 23 Exhibit "A" Example of Notice „NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE OR PERSON IN TO THE OWN PROPERTY AGENT OF THE OWN RFTER DgS,SSCRB,BED ,OCCUPANT, POSSESSION OF THE PROPERTY HERE ity improvement, or property which is the subj OT this s situated in the .TRACT —, and The building, structure, California, on premises described as LOT_, of Diamond Bar, Los Angeles commonly known as provisions of`--- of the Municipal Code of the YOUR ATTENTION on file in th���° � City Clerk in the City Hall. City of Diamond Bar, California + N you are hereby notified that the violations consist of Pursuant to the provisions of ------ to abate the above specified conditions by taking the following actions (s): You are further notified and orderedO ABATE DESCRIPTION OF ACTIONSO NECESSARY � UNLAWFUL insert time period) days from the date of your receipt of this Such action(s) must be completed within ( free of any of the unlawful conditions described notice and order, and thereafter you must maintain the pew and tO dispose of any material or materials above. It is your responsibility to obtain all appropriate involved in the pubic nuisance in a legal manner, to such work within the time hereinabove Will be alien upon the property l In the event you fail to complete feted, and the charges therefor public cause the appropriate action to be taken and come the public right -of --way or sidewalk in the event the or upon the lot or parcel of land adjoining and abuttmg right-of-way or sidewalk is to be cleaned or otherwise Protected' may appeal holding record title or having any interest in the Property y PP You are advised that any p erson(s) g Officer to the Planning Commission within ten from this notice and order, or any determination of the Hearing appeal must be filed in the office o and Order. Written Copley Drive, Suite 190, Diamond Bar, CA days from the date of service of this the City Hall at 21865 F �Copoy Dr aP Officer shall be final. the planning Commission Secretary prescribed, the determinat1on of the Hearing office of 91765. If no appeal is filed within the time p be recorded against the property in the You are further advised that this notice and order may the County Recorder. , DATED: This — day of 19,_ Hearing Officer 24 22.54.410 ADD__1=' ten days after the date of service of the notice an Within lessee, der described above, the owner(s), agent of the owner, or property who may have been occupant, or person in possession of the notice and order, or any person interested in the property served with a n Commission, such notice and order, may appeal to the Planning affected by the requirements of such notice if applicable, as to or the City Council, objections and order. Such appeals shall be in writing, shall state the filing the appeal, shall be filed with the Planning Of the person and shall be fission secretary specified herein, Comm tary within the time the Planning Commission Secretary presented to the Planning Commission by thereupon lar meeting. The Planning Commission shall at its next raga Commission shall, proceed to hear and act upon the appeal. The Planning mine whether the Code Enforcement Official shall by resolution, deter or as modif ied and order proceed in accordance with the notice er as given, • n or not at all, and its decision thereon shall by the Planning Commission, the Planning ' al and conclusive. The hearing Y►►aY � continued by be fin The action of the Commission from time to time as it deems necessary• in accordance planning Commission may be appealed to the City Council rocedures followed for an appeal to the Planning Commission* with the p Baled within 10 days. The Planning Commission decision is final unless app owner(s) or other udicial cation- Any Limitation of filing j the City rson having an objection to the final decision of interested Pe the abatement of any public nuisance or nuisance per Council in ordering ter must bring an action to contest se under the provisions of this Chap et (90) days after the date of such decision of such decision within ninety 25 the Planning Commission, or City Council, if applicable. Otherwise, all objections to such decision shall be deemed waived. 22.54.420 Abatement of public nuisances by the city. (A) If the owner(s), agent of the owner, lessee, occupant, entity, or person in possession of the property who may be served with a notice and order shall fail to take action as required by the notice and order within the time therein specified, or as extended by the Planning Commission, or City Council, if applicable, and in accordance with the provisions of this Chapter, the City Manager shall take action as specified in the notice and order to abate the public nuisance existing on the property. (B) Abatement of the public nuisance may, at the discretion of the City Manager be performed by city forces or the City prosecutor or by a private contractor engaged by the city pursuant to the provisions of this code. (C) Notwithstanding compliance with the notice and order, the owner(s), and any other persons having an interest in the property described in the notice, shall in all events be jointly and severally liable for all costs incurred by the city in securing such compliance. Moneys due the city pursuant to this subsection may be recovered in an appropriate court in the same manner that abatement costs are recovered pursuant to this Chapter. 22.54.430 Abatement of imminently dangerous public nuisances. Whenever the City Manager or his duly authorized representative determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, M repaired or isolated, the City Manager shall notify all appropriate public safety agencies and implement the following procedures: (A) Notice. The City Manager shall attempt to make contact through a personal interview, or by telephone, with the owner(s) of the property or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event such contact is made, the City Manager shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property. (B) Abatement. If the City Manager is unable to make contact as herein above noted, or if the appropriate persons, after notification by the City Manager or his/her designee do not take action within such time as may be specified by such official, then the City Manager may take all actions deemed necessary to remove, repair, or isolate such dangerous condition or conditions, with the use of City or other public or private forces or a city prosecutor or contractor engaged pursuant to the provisions of this Code. 22.54.440 Account of abatomont costs. (A) The City Manager in conjunction with the finance director, shall keep an itemized account of all costs incurred by the city in the abatement of any public nuisance under this chapter. Such costs may include, but are not limited to, any and all direct costs and expenses related to such items as investigation, boundary determination, measurement, personnel salaries and benefits, operational overhead, fees for experts or consultants, legal costs or expenses, including attorneys fees, claims against the city arising as a consequence of the public 27 nuisance, clerical and administrative cost, and procedures associated with collecting moneys due hereunder. Manager or (g) upon completion of the abatement work, the City are a report specifying the work done, the her designee shall prep a his/ to abate the public nuisance, itemized costs of the work necessary involved, and the names and addresses of the of the property Any such report may descriptionChapter. entitled to notice pursuant to this p to persons whether or not contiguous include costs on any number of properties, each other, and whether or not under the same ownership. The report shall be filed with the City Clerk. ec as s at 22.54.450 P ocedure or s after the filing of the report (p,) Hearing Notice. Within ten daysa time erred to herein, the Planning Commission Secretary shall fix ref ort. The City Clerk shall and place for hearing and passing upon the rep notice of the proposed assessment, as .set forth in the report, to cause nota specified herein Such notice the manner sP be given to the owner(s) in sufficient to enable the tion of the property lace shall contain a description the day, hour, and p and shall specify persons served to identify it, ass upon the rep ort, when the Planning Commissitogether on will hear and p any persons liable with any objections or protests which may be raised by Notice of the hearing to be assessed for the costs of such abatement- rior to time fixed by the 15 day p shall be given not less than fifteen ( ) published once, at least City Clerk for the hearing, and shall also be p of general fifteen days P rior to the date of the hearing, in a newspaper circulation published in the community. 28 Protests. Any interested person may file a written protest with iB) on the the City Clerk at any time prior to the time set for the hearing ager. Each such protest shall contain a report of the City Manerson signing the protest is description of the property in which the p Of such protest. The City Clerk shall endorse interested and the grounds oand shall present such on every such protest the date and time of filing, if applicable, at protest to the Planning Commission, or City Council, the time set for hearing. sacs a t. on ro ose 22.54.460 H grin the hearing, the Planning upon the day and hour fixed for ider the report of the Code Enforcement Commission shall coOfficial, ns an protests which have been filed with the planning revisions, together with Y Commission may make such r The Planning just, and when Commission secretary. ort as it may deem corrections, or modifications in the rep of the Tanning Commission is satisfied with the correct se submitted, or as the P a assessment, the report and the proposed assess�r►ent, shall be confirmed by resolution. The revised, corrected, or modified, licable, on decision of the Planning Commission, or City Council, if app assessment and on all protests shall be final and the report and the a The Planning commission conclusive, unless appealed to the City Council. may continue the hearing from time to time as it deems necessary. 22.54.470 Contest of 9 ec.al as s vied under the provisions of The validity of any assessment le action or p roceeding unless this Chapter shall not be contested in any days after the ion or proceeding is commenced within thirty such actthe Planning Commission. All assessment is confirmed by resolution of 29 interested persons shall be given notice of the final determination and the time limitation for judicial review. 22.54.480 Notice of lien Fo+-m and contents (A) Notice of Lien. Immediately upon confirmation of the assessment by the Planning Commission, the City Clerk shall execute and certificate in file in the office of the Los Angeles County Recorder a substantially the following form set forth in Exhibit B. 30 Exhibit B Example of Notice "NOTICE OF LIEN Pursuant to the authority vested in the City Manager by the .Provisions of of the Diamond Bar Municipal Code, on or about the _day of . 19—, abated the public nuisance upon the real property commonly known as (address) by taking the following actions (s): The same has not been paid nor any part thereof, and the City of Diamond Bar does hereby claim a lien on the real property for the net expense of the doing of the abatement in the amount of $ , and this amount shall be a lien upon the real property until the sum of $ , with interest at the rate of six percent (6%) per annum from 19_, has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Diamond Bar, County of Los Angeles, State of California, and legally described as follows: (DESCRIPTION) Dated: this day of 19 FINANCE MANAGER, CITY OF DIAMOND BAR (ACKNOWLEDGEMENT)" 31 (B) Recordation. Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real property assessed. 22.54.490 Procedures for collection with regular taxes (A) Assessment Book. After recording, the Finance Director shall deliver the notice of lien to the auditor of Los Angeles County, who shall enter the amount on the county assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes against the property. (B) Collection. The amount set forth in the notice of lien shall thereafter be collected as the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency to the levy, collection and enforcement of city taxes are made applicable to such assessment. (C) Refunds. The Planning Commission may recommend a refund of all or part of the assessment paid pursuant to this Chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with the Planning Commission Secretary within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person. 22.54.500 Remedies of private parties The provisions of this Chapter shall in no manner adversely affect the right of the owner(s), lessee, or occupant of any such 32 costs and expenses imp osed by this Chapter from property to recover all the public nuisance. any person responsible for creating or maintaining 22.54.510 Riaht of entry governed by all applicable State and Federal law. (A) Shall be g including an owner(s)► (g) It shall be unlawful for any Person(s)► possession of any lessee or anyone in agent of the owner(s), Code Enforcement property within the City to refuse to allow the P the city, consistent with this or a contractor engaged by Official, the hours erty at any time during ordinance, to enter upon the prop purpose of the abatement of a public nuisance or of daylight for the P Code obstruct, impede or interfere in any manner with the to city, in any or a contractor engaged by the Enforcement Official, rovisions of this Chapter. work undertaken pursuant to the p violations. 22.54.520 Continuin arate offense for each and It shall constitute a new and Sep during or failure to any portion of which a violation of, every day this Code is committed, comply with, any provision or requirement of b any person and shall be punished accordingly - continued, or permitted y 22.54.530 Penalfor violation any provision or 1 No person shall violate or fail to comp with late or fail to comply requirement of this Code. Any person who shall provision or requirement of this Code shall be guilty of a with any P prosecuted as an misdemeanor. However, any provision of this Code may be infra ction at the discretion of the Prosecuting Attorney. 33 22.54.540 Injunction The provisions of this Chapter may be enforced by an injunction issued by any court having jurisdiction over the suit or the owner(s) or occupant of any real property affected by such violations or prospective violation." 22.54.550 Severability. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional." The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to Resolution No. 89-6. ADOPTED AND APPROVED THIS DAY OF , 1994. Mayor 34 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1994 and was finally passed at a regular meeting of the City Council. City Clerk 35 e a 8 � o o x Oa0 z U 0 •.y � Ifi W C o e d 'z d 'z d 1z d zts d z EQ 6i y F 1 �y Q7 2 G R+ C {r� �V VA �� C4 `4 '� � � ��' L•v�i� C o � September 13, 1993 Page 2 STUDY SESSION: CDD/DeStefano explained that the draft Property Maintenance be an open discussion Ordinance study session is meant to between the Planning Co Itdraftstaff, and tMa Draft .Property nhe tenan'Ice subcommittee who crafted he Property the Maintenance Ordinance Ordinance, to generate comment in the early stages of Those committee members adoption process for this Ordinance. of lembeb mthe present this evenir ementng are nOfficepAl,FPoees� DBIA Enfo Zirbes, Code Kathy Solice, and Traffic and Transportation Commissioner Don Ury. The City, upon incorporation, adopted Los Angeles County dealing with zoning enforcement, animal control, property codes maintenance, building and structural adherence to code, and so forth. Through the myriad of the LA County codes, it became to enforce the increasingly difficult for the City ions of Diamond important to maintain the quality and character different cities' Property Maintenance Ordinances A variety of examined, through the efforts of the subcommittee were members, and what is believed to be the best parts of those draft Property ordinances were pulled and included in the within Diamond Bar. Maintenance Ordinance for implementation The City Attorney has reviewed the draft Ordinance, Regulations and recommending that it be divided into two pieces, a Los Angeles County Standards, and the Abatement Process, and Bill Woods, has also reviewed the Deputy District Attorney, It is recommended that documents during the drafting process. Commission open the meeting and receive public the Planning that the Planning Commissioner provide direction comment, and the working committee. or comment to staff and Bob Zirbes, the President of the DBIA, explained that the right to enforce the CC&R's was granted to DBIA in 1990 by assignment from the TransAmerica Corporation. One of the major functions of the DBIA has been the abatement of property violations. Ninety five percent of the homeowners in violation will almost immediately comply with the DBIA's requests. However, one of the problems are that the CC&R's are not uniformed City wide, and, because of the age of a majority of tracts in Diamond Bar, many are set to expire the beginning of next year. Furthermore, according to District Attorney Bill Woods, the current Ordinance followed by the City, Chapter 99, is not fully enforceable, thus creating the desire to draft our own standards. Many areas in the City are beginning to degenerate,o et a ting from the .overaTale appearance and property values le who have Property Maintenance standards were drafted by people exposure to these types of issues. These standards will not P 1993 Page 3 Se tember 13, replace nor conflict with current CC&R's. However, these standards will govern those tracts where the CC&R's are set to expire. does not have any difficulty with the C/Flamenbaum stated that he rushed, leaving many holes intent of the Property Maintenance Standards, but he is concerned that the standards are written broad in it's definition, particularly items #2, #4, #5, #6, #8, and #10. The standards need to be more succi tamples I itct, or specific in s as to what they apply to. He stated the following ex not specifically stated if the standards apply to homes, commercial n item structures, or both; how is "abandon or vacate" defined erab e #2; items #4 and #5 do not address vacant land; how is "oPback yards, and rear condition" defined in item #6; front yards, yards are not defined in terms of how the lines are drawn; "unprotected" is not defined in item #8 does not ' item seem contiguous to apply to commercial areas, w I to homes. with the rest of standards which seem to apply if the, referring to items #4, #5, and #6, statedII of their hi I e intent is to have owners maintain and landscape in the same then the City should also maintain it's property. manner. However, those residents who don't water or landscape 's Hillside Management their hillsides actually meet the City the natural characteristic Ordinance which talks about maintaining of the landscape. VC/Plunk stated that the standard aare written understand the intent that those outside the system ritten. Referring to item #14, because they are nebulously VC/Plunk inquired how the size of a commercial vehicle is determined. AI Flores explained that the Sheriff nation on h eweightusually of the consulted before making a detoe looking for violators but rather vehicle. The City does not g hazard involved responds to complaints, unless there is a safety AlFlores stated to the public. In response to C/Grothe's concern, e taken care of by the Weed that weeds on vacant he FirerDepartment, not by the City. Abatement District and the C/Flamenbaum expressed his concern that, though the City's intent is to be reactive rather than pheaColde Enforcemeve, the n 'Off'cer as written, does not ondicate that �eCe pt of a valid complaint. will only respond up September 13, 1993 Page 4 CDD/DeStefano pointed out that the document will be brought back to the Commission again for review once the document has been refined, taking into consideration the comments made this evening. MPT/Papen, residing at 1124 Cleghorn, explained that this issue has been a concern throughout the community. There are multiple neighborhoods where properties are not maintained to the standards of the other homeowners in the tract. Many people are concerned about maintaining high property values, and the aesthetic appeal of the community. There are problem homes that are difficult to enforce through the CC&R process, which can take up to a year to handle and is often times inefficient in dealing with the situation. The intent is to look for a way to streamline this process. The subcommittee would like the Planning Commission to review the definitions and the standards, and then make a recommendation to the City Council as to what would be acceptable for the Development Standards of this community. Chair/Meyer suggested that the subcommittee use the statement made by MPT/Papen as the goal of the Property Maintenance Ordinance. it is helpful, from an enforcement standpoint, if the goal, the intent, and the purpose were spelled out in the Ordinance. MPT/Papen also pointed out that most of the drafts used in this document came from well established cities where the average house would be about 30+ years old. The subcommittee looked at not only what is needed for today, but what would be effective in the long range in a consistent application of standards. The subcommittee focused on such issues as public safety, and stayed away from items that could be construed as a personal preference. Chair/Meyer made the following comments on the draft Ordinance: there should be an intent and goal section in the document; code enforcement tends to become a free legal service for neighborhood disputes; perhaps a system of incentives can be utilized in the code enforcement program to encourage people to maintain their property in a reasonable fashion; it is not clear in the abatement section if one is dealing with infractions or misdemeanors; there needs to be input from the City Attorney and the District Attorney if the standards are enforceable; the standards need to be written in a more clear and concise manner to avoid a judgment call as to what is considered a public nuisance; there is no appeal process; and there should be clearly defined units of measurement to determine a hazardous condition. September 13, 1993 Page 5 Alct Flores stated that the response the Ordinance from the Dr'as Attorney on August 6, 1993 indicatedy. He noted that drafted could be effectively enforced by the Ce there is a hearing process for the right of appal. Chair/Meyer pointed out that the receipt w notice actual receipt of process is not clearly defined regarding period is measured. One notice is determined, nor how the 7 day could also debate if a pool is considered can be takencareoIf bythe or a structure. These type of issuespurpose should attorneys. However, the goal, the intent, and the pure specifically outline the City's intent for this Ordinance. VC/Plunk suggested that the Commission compile their comments on the draft Ordinance and submit it to staff this week. C/Grothe reiterated his concern for items those homeowners with warned that the City should expect a fight f faint is ever filed. In regards properties facing the, street if a comp to item #14, he stated that it should not be a violaf tnsfor a person to have a service vehicle parked in his driveway as part of his business. Don Gravdahl pointed out that Japanese e/rman pick c ups receiv commercial license plates unless it has a p suspension Also, many full size " 1 /2" ton pickups with heavy duty e are many mini vans, have a gross weight of 6,400 pounds. ons, but should be considered or 112 ton vans, not weighing os ainted on the side. He commercial vehicles because of the log P also pointed out that if people f of reQenue iuired � gas, move their motor homes, the City could lose a VC/Plunk, noting that many City trees are overgrown, stated that the City should be required to do anything that is being required by the Ordinance. Chair/Meyer opened the meeting for public comment. in a Edie MacDowell stated that she deserves amount eof propeerty Calx maintained safe environment, given paid each year. Furthermore, corns arcFroerty vehicles Ma ntenance commercial areas. The City need Ordinance that is enforceable. at many of the Jack Clare, residing at 24215 Gem Court, intainedstated haSome of the homes in his neighborhood are not Page 6 September 13, 1993 rds that do not have grass; overgrown problems include: front Ya lights left on all year; weeds; trash cans left uleek; XMAS and homes that need painting. he imperial, residing at 1318 CrestmonDritvho"se that dostated ts t Rick Imp personal vendetta against does not have a P hborhood, however, it is frustratingeg maintain their yards in his neig the situation. Many people that nothing can be done to remedy e and beauty, and something moved to Diamond Bar ' that. should be done to preserve Bahl, residing at 24051 WillowBC �eeheshas dnoted I a Richard Eng in Diamond the last 28 Years residing Commission should be deterioration in the area. The Planning the subcommittee more encouragement in their efforts. offering has approved the matter, then the Since the District Attorney t and make a Commission should fo cubasisthe overall attempt, recommendation on that Chir a resident, concurring with the individuals that spoke Kevin Chi s continue P reviously, stated that he will be forced to move if thing to go in a downward trend. ointed out that there Ken Anderson, residing at 2628 Rising Star, p eo le may not have the means, at t his is a recession a he app any people P • e to Chang earance of their front and back yards. time, Hearing no further comment, Chair/Meyerclosed the meeting. of the aura encouraged those individuals in favor Council ClFlamenb Commission and the City Ordinance to attend the Planning eir during the review of the Ordinance because .there are meeting osed to it. many individuals Opp pointed out that one of the goals of the ordinance is the VC/plunk and the property values. stabilization of the community r their efforts in .the The ordinance Chair/Meyer thanked thesubcommittee n enancetOrdinance• final form for a drafting of the Property Commission in Council for their consideration. He will be back before the Planning intent, which sets the recommendation to the City in out the reiterated the importance of layinCity g trying to achieve. The intent broad framework of what tro erty values is good, however, and pr p to stabilize our community hbors. it is important to maintain tolerance of our neig October 11, 1993 Page 7 Management standards. The Planning Commission cannot render a decision on the design review without a request for modification of those standards. He suggested that the applicant attempt to submit a set of plans addressing the concerns indicated in the staff report. Otherwise, perhaps the Planning Commission should deny the application so the applicant can start again with a decent set of plans. C/Grothe stated that it is doubtful that the project will ever comply with the Hillside Management Ordinance. However, the applicant should make a major effort to try to comply, and outline the justifications as to why it cannot comply. Chair/Meyer reopened the public hearing. Chair/Meyer inquired if the applicant would concur to a continuance to the November 22, 1993 meeting, giving the applicant an opportunity to find out what modifications would be necessary to address the concerns indicated in the staff report. Syed Raza gave his acquiescence to a continuance of the public hearing to the November 22, 1993 Planning Commission meeting: Motion was made by C/Grothe, seconded by VC/Plunk and carried unanimously to continue the public hearing to the November, 22, 1993 meeting. Chair/Meyer recessed the meeting at 8:25 p.m. C/Flamenbaum arrived to the meeting at 8:36 p.m. Chair/Meyer reconvened the meeting at 8:40 p.m. PUBLIC HEARING: The consideration of an ordinance to amend Title 22 of the Los Angeles County Code by adding a new chapter establishing property ZCA No. 93-3 maintenance standards. Property Maintenance Applicant: City of Diamond Bar Ordinance Property Location: All property within the City limits of Diamond Bar. Environmental Pursuant to the Determination: provisions of CEQA, the City has determined that this project is Categorically Exempt pursuant to Section 15321. October 11, 1993 Page 8 CDD/DeStefano reported that the City Council appointed C/MacBride and MPT/Papen to a subcommittee to establish property maintenance standards. The subcommittee, which incorporated support from the City staff, the Deputy City Attorney Mr. Woods (the City's prosecutor), and the City Attorney's office, also consisted of members of the Diamond Bar Improvement Association and other interested members of the community. The City has the authority to establish minimum property maintenance requirements in order to preserve and protect the health, safety, and appearance of neighborhoods, and to eliminate blight and deteriorating characteristics of neighborhoods. The City does not currently have adequate ordinances to respond to the majority of the types of property maintenance complaints received by the City in the past 4 1/2 years. A series of Codes are currently used to deal with property maintenance issues, however, the City is limited to enforce the current zoning ordinance and the various uniformed codes. DCA/Woods has reviewed the draft ordinance prepared by the subcommittee. The subcommittee has revised the draft ordinance to incorporate the comments made by DCA/Woods, as well as those made by the City Attorney's office. The subcommittee also reviewed 8 to 10 other cities' ordinances that have been enforced and/or gone through litigation. The problem of deteriorating properties in the City, and the lack of property maintenance, may be due to the age of the housing stock, the lack of maintenance in newer subdivisions, and the expiration of the private CC&R's throughout the City. Another issue before the City is creating an overall policy dealing with property maintenance issues for those owners of property that may lack the resources or means to accomplish the mitigation necessary to cleanup their property. CDD/DeStefano explained that the abatement procedures are a separate process,. and not included in the draft ordinance for consideration. It is recommended that the Planning Commission review the draft ordinance and the recommendations of the subcommittee, amend the draft Ordinance as deemed appropriate and direct staff to forward the recommendations to the City Council. Chair/Meyer declared the public hearing opened. Ron Norman, residing on Castle Rock for 5 years, stated that his neighborhood is rapidly deteriorating, and as a result property values have dropped. Considering the high property taxes paid particularly by newer residents, the City should respond on citizens behalf to keep property values up. It is frustrating to live by people who apparently do not care to maintain their property. CDD/DeStefano briefly reviewed some of the issues discussed in the draft Property Maintenance Ordinance: storage in side, rear, and front October 11, 1993 Page 9 yards of property; motor vehicle parking; property maintenance of the structure such as the condition of the roof, broken windows, structural defects; landscape maintenance in a health and safety manner; fence and wall maintenance; multi family zone standards; standards for commercial properties; and standards for industrial properties. Oscar Law, residing on Pathfinder, expressed his support for the Property Maintenance Ordinance with the following modifications: the standards should be applicable to all property owners in the City; consideration must be given to those that are financially handicapped; a provision addressing easements; a grandfather clause for existing CC&R's; a grandfather clause for those that have been storing their trailers and campers on their property; a statement specifically describing Division 6 of Title 14 in the California Code of Regulations as indicated on page 2; modify the storage requirement, on page 3, to allow a longer period of time to repair a vehicle;- better define an is approved wall or driveway" as indicated on page 4; explain how the standard for broken or missing, foundation and wall maintenance, on page 5, deals with land shifting; indicate the height limitation on a wall, as indicated on page 6; specifically state that vegetation should not hinder sidewalk use; and a reconsideration of the penalty phase, as indicated on page 15, to lower the amount for a first offense. Bob Zirbes, President of the DBIA, presented a video illustrating the types of property maintenance violations existing throughout the community that the City currently has no means to abate. There needs to be specific standards to support the Code Enforcement Officer. He suggested that perhaps the section in the multi -family standards, regarding storage in the garage and carports, can be removed or amended to apply only to carports, particularly since the ordinance does not indicate what can be stored in the garage for single family residence. The Property Maintenance standards should be uniformed, and equally and justfully enforced, for the benefit of all the property owners for the protection of the property values in the City. Kevin Chirp, in support of the Ordinance, noted that the sections enclosed in the document are not unusual, and are common in any community in Southern California that has any respectable appearance. The appearance of Diamond Bar has steadily declined. Mel Roper, residing on the corner of Castle Rock and Lost River Road, stated that he has a problem with leaves and trash that come from properties above him and accumulate in front of his house, clogging the gutters and causing mosquitos, thus taking away from the overall good appearance of his property. Furthermore, the street Page 10 October 11, 1993 sweeper onlycomes around once every two weeks, and is often hindered by cars parking in the street. Chair/Meyer noted that perhaps there needs to be consideration as to how the City can better maintain City facilities. VC/Plunk suggested that staff investigate if there may be a need to sweep certain City street more than weekly or biweekly. Joe MacManus, residing at 23561 Coyote Springs Drive, expressed his support for the property maintenance standards. Rick Imperial, residing at 1318 Crestmont Drive, stated that the property owner in his neighborhood, who is not maintaining his property, refused offers from his neighbors Money odo all e dcesno nim t ance obe rk for him and help with funding if neede and a new an issue because a block wall has he problem isunoa matter of car has been purchased. So financial capabilities, but rather one of desire. Red Calkins questioned if the Ordinance violations axle too stricty be able to be and enforced. He noted that the penalty iven too much power and that the Code Enforcement Officer is being ginance is control. All homeowners will need tthe notified d Hance needs a° address approved. Mr. Calkins also noted that ior citizens, and the handicapped* the poor, the senle he has every right Frank Dursa stated that his 2 RV's are °Perab have CC&R's and he to park them in his yard. His tract does Maintenanceprefers it that way. The timing of the Property Property values have Ordinance is poor considering the recession. se of the economy. declined, not becaumaintenance) twcbecause i hmultip eveeh'cl sf parked on he He pointed out that problems front yard falls under the pattern of the Health to Depsolvthe pt because of the risk to children. There are otherways May Wycoff, residing on Del Sol, stated that the City 's appearance eP� Hat has been deteriorating. Her neighborhood had a propertyoHad it kept many inoperable cars on the front yard for many years. r. Zirbes, the problem woul�k�o ln�th nt. The not been for Me street neighborhood also has a problem with RV's p blocking visibility to motorists. Bob Throxall, residing on Castle Rock, stated that the City already has all the necessary codes needed to handle these concerns without setting October 11, 1993 Page 11 up an additional layer of bureaucracy. He pointed out that no one has a right to enter someone's property without a court order. Max Maxwell concurred with the statements made by Mr. Throxall, Mr. Dursa, Mr. Calkins, and Mr. Law. Neighbors should deal with each other to solve these problems. He questioned if a Zoning Code Amendment can be passed under urgency Ordinance #4. Peggy Corbitt, residing on Ambushers, expressed her concern that the appearance of her neighborhood is rapidly deteriorating. Louise MacManus, residing on Coyote Springs, noting the street sweepers are hindered by parked cars, stated that she would be in favor of prohibiting overnight parking. Richard Engels, residing on Willow Cheek, The standard a; the the appearance of the City is rapidly deteriorating. ordinance are reasonable, and are criticallyeed d. Most not resout hese people who do not maintain their property lackDon Gravdahl, residing at k Son Mont awns stated � the some be handled problems, such as cars par through the ordinance. However, as the those w ice sth no en vwoun, probably any house in the City, especially be in violation. The Ordinance gives too much authority to the Code Enforcement Officer, and disputing neighbors mayuse the Code Enforcement Officer as a weapon against each other. Mr. Gravdahl then indicated the following issues that need revisiting: the ordinance allows storage in the back yard up to 50% of the back yard, but does not take into consideration that 1/2 of the yards in the City have uphill slopes and/or downhill slopes; the ordinance should address the registration of vehicles as a method of enforcement; and the width of the Sheriff driveways are specified in the County code; Department should be directed to ticket trucks because there is already a 10,000 pound vehicle limit in the City. Norman Beach Courschesne, residing at 2021 Peaceful Hills Road, made the following comments opposing the Ordinance: it allows the search of private property without a warrant; many people bought homes without CC&R's because they did not want them; the abatement process should address a method of reimbursement if a citizen wins an appeal; it should address the issue of land slides and such like occurrences; item IV, page 5 needs to specify a time limit; a citizen should not be charged per day for their violation, as indicated on page 9, item 13, but rather for just the one violation; it should indicate if the slopes are to be maintained in a natural state, or 2 October 11, 1993 Page 12 manicured state, or to the Code Enforcement Officers opinion; the Public Health Department ad d Building each complaint madeess unsafe buildings; and t y should Lee Ford stated that he feels the public hearing was not very well advertised. Margaret Hee expressed her support of the Property Management Ordinance. Bill Tinsmen pointed out that the reason that the City of a uncontrolled building, a s been deteriorating is because ding, both commercial and residential, within the City, and not because of weeds. The Ordinance will be used by the City as a tool to harass citizens. The City has no right to enter a property without a search warrant. Cliff Hilliard, residing on Palomino Drive, stated that the concept of the Ordinance is good, however, there should be a revisit of the following issues: motor vehicle parking standards on pageu broad and all encompassingan�ttons to discussthe lspecifically whatato ct camping and motorhome org do with motorhomes on private property. Dianna Cheng, a real estate agent, and a Traffic and Transportation Commissioner, stated that, from her experience in real estate, homes have a lot of trouble selling if a neighboring property is thelp ly maintained. The Property Maintenance Ordinance is necessary maintain property values in the City. Hearing no one wanting to provide furter testimony, Chair/Meyer declared the public hearing closed. C/Flamenbaum made the following comments: every h it difficult to ng is mixed in with multi family, commercial, and industrial, g determine what the City is attempting to enforce; if there is to be such an ordinance, it should be limited to the front yard only because n city, or other agencies (except health and safety violations), has any right to go in someone's back yard; item E. makes it a violation to have a dry spot on a lawn; maintenance of irrigation systems in an operable condition, item F., is a matter of interpretation and needs to be better defined; item H.1 makes broken dishwashers incommercial or multirfamily awn mowers a violation; trash containersviolating item I; structures are generally assessable to the front yard, g a piece of unused furniture in someones house could be a violation of item K.2; item O. does not includertantheclusion for reasonable cost forerepair repair, centers; a lien of the property, Page 13 October 11, 1993 mobiles should be considered for the enforcement dda sethod; and or whatever number �is be required to be moved every 7 Y determined suitable), and have valid registrations baum indicated that allowed to be parked in the front yard - is and over the Ordinance, as written, is a matter be continued broad, over bearing, about 45 days reaching. He suggested that th to allow the appropriate parties to refine the ordinance- to expressed his concern that the Planning Commissions comments made during the study session to review the draft ordinanIn nor included in this draft ordinance• was not considered ClFlamenbaum, C/Grothe concurrence with the comments made by ed the following comments: even yards withsod re �not issi g add ° s concern if a roof leaks, free; it is not the City, handl be missing, and a broken pieces of stucco; a foundation can Y ublic safety or aesthetics; of tohse foundation has nothing to do with P Code. He concurred many families with children have torn theBuila rig o anreview the violations can be handled through to continue the matter allowing the Planning Commission to rev revised document. ents: she concurred that there VC/Plunk made the following comm s to be a Provision and economic need addressing phroved, there should be an automatic review circumstances; if it is app the regulations of the document in one year to determine it's success; for a City who cares about the environment, should be paraphrased; ce of our City; it seems proper that we should care for the appearance at this time, consider standards for the front yard, or visible side yards ands next year; consider allowing l and consider standards for Backmotor vehicles are better parked on week for moderate repairs; largebroken screens, window, the property than on the street; specifying should not block the irrigation etc. is a little over board;at some landscaping ro nate that some area are maintained in a sidewalk; perhaps it is app P more natural state; the condition of multi family structures are usually nt way handled by an Association; and currens registration eer lsu ss an uch document, toto deal with problem cars. There however, it needs to be refined. ChYair/Me er stated that the comments and direction provided by the review the planning Commission subcommittee ded inethe document PPe hap' Maintenance Ordinance was not tnc the subcommittee can Work with staffbrought cganize the comments ack to the Commiss,o by the Planning Commission and behppartof the problem is the for review at a continued public earing• there are three iterations of the Property Maintenance Ordinance an most of the comments made dealt with the iteration at the stuc Page 14 October 11, 1993 ntly before the Planning Commission. There session, not the one curreMaintenance Ordinance, but the may be some value to a Property maintenance standards nes to be supported a continuance to a date that would definition of what are un acceptable adequately defined. He With these I ssues. Chair/Meyer give the City sufficient time to deal deals commercial and that, since the Ordinance also to the Chamber suggested industrial, perhaps the docume from the business community. of Commerce to receive input iven the document requested the Planning Commission beg le time to V C/Plunk req so that there is amp at least one week prior to the meeting review it. the date enbaum requested the new revision be ch dooted cu document they are C/Flam readily tell w so that the Commission can y reviewing. Chair/Meyer declared the public hearing opened' seconded by C/Grothe and Motion was made by C/Flamenbau ,se hearing to the meeting of carried unanimously to continue the public December 13, 1993 with direction to staff to have the document °nes o for distribution, and available to the Planning before November 22, 1993, and that the document is to be footnoted with the date• tefano reported that, as Administrative Development residence CDDIDeS le family ANNOUNCEMENTS*' Director, he approved ADR 93-16 for a sing or at 22128 Steeplechase. in his opinion, the Planning Commission Chair/Meyer indicated that, that VC/Plunk and gains from different points °a letter of resignview. It is ation C/Flamenbaum do not offe ADJOUBN1ViF'NT' The meeting was adjourned at 10:58 P.M. Respectively, James DeStefand November 22, 1993 Page 6 corrections to the Manual and bring it back to the Commission on a future agenda. CONTINUED Chair/Meyer, noting that the applicant has PUBLIC REARING: requested a continuation until December 13, 1993, suggested that the matter be continued to a date DR No. 93-1 & assuring a more reasonable time for the applicant CUP No. 93-4 to submit all information in the manner and format needed by staff. Chair/Meyer declared the public hearing opened. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue Conditional Use Permit No. 93-4 and Development Review No. 93-1 to January 24, 1994. INFORMATIONAL CDD/DeStefano reported that, pursuant to the direction, staff has provided ITEMS: Planning Commission's the Commission with a copy of the final draft Property Property Maintenance ordinance for review, and 1993 Planning Maintenance discussion at the December 13, meeting. Staff is in the process of ordinance Commission distributing additional copies to members of the public who have indicated an interest in the their document, and to the Chamber of Commerce for review. Chair/Meyer suggested that staff be prepared to do a comparative analysis of the Property Maintenance ordinance and Chapter 99 of the LA County Building Code, which was in place for many years. ANNOUNCEMENTS: CDD/DeStefano suggested that the Commission to the continue reviewing the EIR relating Unionwide project, currently scheduled for Planning Commission public hearing on December 13, 1993. The Significant Ecological Technical Advisory Committee (SEATAC) will be meeting to the document and will December 3, 1993 critique be provide the Planning Commission with an advisory report on the issue. He reported that the City to begin counting the signatures Council's decision the referendum petition effectively nullified on the use of the current General Plan document, and the City has reverted back to the use of Ordinance No. 4. The Planning Commission will be able to make a recommendation to the City Council on the Unionwide project when appropriate, but with no adopted General Plan, the City Council will not be able to take any final action on the project. C/Grothe reported that the East San Gabriel November 18, Planning Commission dinner, held on 1993, was quite informative. December 13, 1993 page 2 the following suggestions to and VC/Plunk then made Commssion Policies amend the Planning paragraph, Procedures Manual: rewrite the second on page 6, under "Effectiveness" torioritizef tasks, Commissions set clear objectives, Prioritize listen anticipate and analyze concerns. to empathetically, and they diagnose options Second develop a plan of action. , delete the under sentence in the first paragraph, "and goals" to the end of the add "Effectiveness"; the first paragraph, under third sentence in "maybe" to "Effectiveness"; and correct the word the third "may be" in the first sentence of paragraph. VC/Plunk then questioned if items 3-61 on page 6, are appropriate. e lained that it is appropriate for ICA/Montgomery XP to place as many the Planning Commission in the policy as sensitivity training goals desired, subject to state statute. in VC Plunk then requested that o r the t d totreadteNoeone item 12, on page 7, be should... ..A split ' d that the statement C/Flamenbaum suggested or neutral)..." on vote (negative, aff irmative, ,Motion". m"page 8, under "Quoru, be moved under It was the consensus of the document ission to accept the suggested changes to seconded by VC/Plunk and carried Moved by C/Grothe, Planning to adopt the final Draft as unanimously and Procedures Manual, Commission Policies amended. N°rie the public NEW BUSINESS: following suggested that, in Chair/MeyerCit CONTINUED PUBLIC hearing, the matter be continued to give the new ng y HEARING: °f 1994 in order to suff icient time to January and City Council Attorney ZCA No. 93-3 properly review the document. Property Commission Maintenance CDD/ Destefano reported that the planning Property continued the public hearing regarding 1893 Ordinance the October 11, Maintenance Ordinance at meeting in order the Ordnance, r�further pre P aration and revision o December 13, 1993 Page 3 Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Mr. Bob Zirbes, President of the Diamond Bar Improvement Association (DBIA), suggested the following changes to the document: page 16, under "Penalties", should include a provision for an appeal process; the document should be sensitive to the needs of financially disadvantaged residents; delete the statement, 11...and a resulting decline in the property values within the City of Diamond Bar," from "Purpose and Intent", on page 2, because it cannot be enforced; a boat is a recreational vehicle that is allowed further in the document and should therefore be stricken from section 22.54.030 A, on page 4; delete the entire section 22.54.040 B on page 4; deleted "sagging roof,, from section 22.54.060 A, on page 5; amend section 22.54.060 B, on deteriorated o, read, "Substantial areas of visible .. it; section 22-54-060 Don page 5, is a Health and Safety issue and should' be removed items 22.54.060 E, F, and G, on page 5, are covered under Building and Safety Codes and should be removed; the suggestions made should also be applied to multi -family standards, etc., as well; and the statement "commercial purposes" in section 22.54.050 B, on page 5, should be more explicit because there may be confusion among those owning Pick up trucks, or vehicles that have a high gross vehicle weight. CDD/DeStefano explained that the Enforcement/Abatement Procedures is not specifically a part of this draft because it is the Planning Commission's responsibility to establish the standards and recommend policy for those standards, and the purview of the City Council to deal with specific issues of enforcement and the abatement procedures. Chair/Meyer expressed his concern that the Planning Commission is being asked to piece -meal their review of the Ordinance. He stated that even though the penalty phase is not within the jurisdiction of the Planning Commission, the Planning Commission should be made fully aware of any punitive measures that go along with the Ordinance. He requested that the penalty phase be included with the next Draft Ordinance to be presented to the Commission. C/Grothe stated that if the penalty phase cannot be presented to the Planning Commission for review, December 13, 1993 Page 4 then the "Penalty" section should be omitted from the Ordinance. Mr. Oscar Law, residing at 20511 Pathfinder, concurred with the suggestions made by Mr. Zirbes. He questioned why such items as broken toilets, leaking roofs were not deleted from the draft Ordinance as was requested at the last public hearing. Mr. Don Schad, a resident, also supported the comments made by Mr. Zirbes. He made the following comments: section 22.54.060 A -G fall under the purview of the Building and Safety Department; and the "Penalty" section should include a provision to allow those financially disadvantaged an appeal process. Mr. Don Fisher, residing at 465 Burgante Drive, referring to section 22.54.050 B, on page 5, noted that the State considers any vehicle with a commercial plate to be of a commercial use in California. He also noted that the Walnut Recreational parking area for motor vehicles is all gravel, not paved, which is contrary to section 22.54.260 "Motor Vehicle Parking", on page 13. Mr. John Okel, residing on Burgante Drive, expressed his support with the intent of the ordinance, but emphasized that a person in violation should not be placed in jail, nor should it be suggested. Mr. Frank Dursa, a resident, expressed his support that the Ordinance was amended to allow recreational vehicles to be parked in the driveway. Chair/Meyer stated that staff has been directed to do a comparative analysis of Chapter 99 of the Los Angeles County Building Code, which dealt with property maintenance standards for the City, and the proposed Property Maintenance Ordinance. Red Calkins, a resident, expressed his dissatisfaction with the Code Enforcement Officer. Mr. Don Gravdahl, a resident, suggested that section 22.54.050 B, on page 5, be amended to define "commercial" by the gross weight of the vehicle when fully encumbered. He then suggested that the proposed Ordinance indicate specifically how much of the frontage of a house can be a paved surface. December 13, 1993 Page 5 Mr. Max Maxwell, a resident, inquired if the proposed Ordinance affects existing CC&R's. Chair/Meyer explained that CC&R's are separate documents created under the terms of the subdivision and are enforced bpalities. The proposed V the Homeowners Association, not by municipalities. Property Maintenance Ordinance would not impact the CC&R's. Mr. Richard Murietta, a resident, inquired if the Proposed ordinance would apply to problems associated with fraternity houses, such as those operating on his street. Chair/Meyer suggested that Mr. Murietta contact staff for assistance in addressing those problems. Mr. Don Fisher, a resident, concurred that fraternity houses, specifically at 310 Ballena Drive, .have been a problem for some time. There being no one wishing to provide further comment, Chair/Meyer returned the matter back to the Commission for consideration. C/Flamenbaum made the following comments: driveways should be covered under the Development Code; the document needs to specifically define front yard, side yard, etc., for enforcement purposes; section 22.54.050 B, on page 5, is poorly written and does not specify any time durations; leaky roofs, bad drainage, etc., fall under the Building and Safety Codes; and the Planning Commission had directed staff to include language that the City could place a lien on the property in order to get reimbursed if the City did any repair work following the appeal process. C/Flamenbaum then stated that he would not give consideration to the proposed ordinance unless it included an Enforcement/Abatement provision. C/Grothe made the following comments: omit section 22.54.060, on page 5, from the document, except the first paragraph; delete the statement "free of weeds" from section 22.54.070, on page 6, second line; rewrite item 2 from section 22.54.080, on page 6, to be less restrictive; and section 22.54.030 B, on page 4, should allow for at least two weekends to do repairs. Chair/Meyer, referring to section 22.54.030 B, pointed out that, with an appeal process included December 13, 1993 Page 6 in the proposed Ordinance, an individual would have an opportunity to demonstrate why that specific time period was inappropriate. The Planning Commission concurred that 10 consecutive days was a reasonable time frame to accomplish repairs, as indicated in section 22.54.030 B. VC/Plunk suggested that ICA/Montgomery meet with the Property Maintenance Ordinance subcommittee to review the document. She stated that it was her impression that some of the examples given in the different sections were included for enforcement purposes. She inquired if it was the opinion of ICA/Montgomery that some of the items in the document should be separated from the Development Standards. She also questioned if including definitions in the document was redundant and/or could have the potential to contradict the intent of the proposed Ordinance. VC/Plunk then suggested that the document be reviewed by the Planning Commission one year after its adoption to determine its effectiveness. Chair/Meyer reiterated his request for a comparative analysis, in graph format, of the enforcement provisions of Chapter 99 of the Building Code and the proposed Property Maintenance Ordinance. He suggested that the proposed Property Maintenance Ordinance include the definitions of "blighting conditions" as clearly defined in the Health and Safety Code. Chair/Meyer then reiterated his request that the penalty phase be included for the Planning Commission's review. Chair/Meyer, in response to VC/flunk's request to send the document back to the subcommittee, stated that the subcommittee has completed their review and the document is now before the Planning Commission for consideration. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue the matter to the meeting of January 24, 1994, and to direct staff to incorporate the statements made by the Commission this evening into the proposed Property Maintenance Ordinance. VC/Plunk requested the revised document be included in the Commission's packet, for the meeting of January 10, 1994, if possible. January 24, 1994 4. Page 8 Moved by C/Flamenbaum to continue the matter to the first regular Planning Commission meeting of June 1994. The motion died for lack of a second. CDD/DeStefano stated that the City has applied for an extension of time for the General Plan with the State Office of Planning and Research, which, if approved, would allow the City to process CUP's, Development Reviews, Variances, etc. that are consistent with the draft General Plan and the contemplated future General Plan. He suggested that, rather than continuing the project more than 30 to 45 days, staff would recommend that the item be tabled, allowing staff to work with the applicant, and renotice the project when it is ready for review. Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to table Development Review No. 93-1 & Conditional Use Permit No. 93-4. Zoning Code Amendment No. 93-3 - property Maintenance Ordinance Applicant: The City of Diamond Bar Property Location: All property within the City limits of Diamond Bar CDD/DeStefano reported that the Planning Commission continued the public hearing on the Property Maintenance Ordinance (PMO) on December 13, 1993, in order.for staff to further evaluate the PMO and compare the draft provisions with Los Angeles County Code Chapter 99, Sections 9901-9934, which was previously a component of the City Code and was replaced in 1992 by the Uniform Housing Code (UHC) with the adoption of City Council Ordinance No. 3(1992). After reviewing each document, it is staff's recommendation that the Planning Commission consider a "blended" approach of the PMO, Chapter 99, and the UHC into one document. C/Flamenbaum noted that the recommendations made by the Planning Commission at the December 13, 1993 meeting have not been incorporated into the PMO. He expressed concern that the Planning Commission is being presented with three different documents to consider, which was initially believed to have already been incorporated into the proposed ordinance first presented to the Commission. It appears that the Commission is moving backwards, not forwards in their review. C/Grothe concurred that the Planning Commission had directed staff to bring the ordinance back to the Planning Commission in a final version. January 24, 1994 Page 9 C/Li concurred with C/Flamenbaum Commissions direction was not that the Planning document. incorporated into the VC/Plunk stated that the matrix Presented by staff was quite useful in review of concurred that it the document. However, is time to move forward. she Chair/Meyer declared the Public hearing opened and invited those wishing to speak to come forward. Bob Zirbes, residing that he, too, had thought that the finalaversion of PMO was to be Drive stated PMO was Presented to the Planningthe evening. He noted that the PMO would have to be innthis final form in order to accurately compare it with the other two documents, or for the Cit it. He recommended that Attorney to accurately review Planning Commission on Decembethe r 13 document reviewed b the recommended 1993 Y the changes, and the Subcommitt es °rfinal draft document be brought back to the Commission, along with a comparison matrix of the two documentson , as well as the City Attorney's suggested that thCommision also review the o the documents. procedures at the same meeting. He abatement Council Member Papen, residing at 1124 Cleghorn out that it is unlawful nuisance to describe what a pointed Nuisances Is, as indicated on the bottom of Public in the Comparison Matrix, the definitions on page 4 describing nuisances, and the definitions on the entire page 7 and 8 of the Subcommittee draft PMO. then stated that the abatement procedures should include a section for the financial) She y disabled. Frank Dursa, a resident, suggested that the item be tabled until after the adoption of the General Plan. Al Rumpella, residing at 23958 Golden S that the Subcommittee's PMO and the PMO rings; concurred Commission on December presented to the appropriate chap es 13' 1993, incorporating for review. g should be compared and brought back He also concurred with the suggestions made by the City Attorney to the enforcement as the suggestion made to Policies, as well the financially disabled. Include a section addressing There being no one else Chair/Me er closed the in the audience wishing to speak, matter back e Public hearing and returned the Commission for consideration. Chair/Meyer inquired if it were Poss zoning ordinance without a Genera Plan le to amend the January 24, 1994 Page 10 CDD/DeStefano explained that most likely OPR will not allow a zoning code amendment until a General Plan has been adopted. at the Commission begin review of VC/Plunk suggested th the "Penalties" section. suggested that staff be directed to request the C/Grothe Sugg to be City Attorney to draft the Abatement Procedures, brought back to the Commission for review. C/Flamenbaum, in response to VC/Plunk's suggestion to make comments for the City Attorney's reference, iew the Of suggested that the City Attorney rev and the minutes minuOfsthe the December 13, 1993 meeting, guide. meetings previous to that as a reference g VC/Plunk, preferring to make some suggestions, stated the following: each infraction should be a ones to thate,the as suggested by the District Attorney, fined day after day for the same individual is not ion imprisonment only if it purposely infraction, and ment affects health and safety. 's comment ACA/Harper explained that the penaltiesstrict ttfor eysubsequent relating to a s g g violations refers to increasing the a a h and every daya infraction occurs, not considering e continuing violation. The District Attorneys commenthe s made regarding criminal penalties is a recita oin of t out statutory definition of misdemeanors.Hdo. that cities do not impose jail time, judges VC/Plunk inquired where the conditions relating to financial or physical limitations is best located in the document. ed that those conditions would be best ACA/Harper suggestsuggested located in the Abatement Procedures- or the that comments regarding the abatement procedures, PMO in general, be put in writing and submitted to staff for the City Attorney's review. on of the pmo was Chair/Meyer noan dtht the indicationc from ether Code Enforcement a result of Officer (CEO) that because Chapter 99 was not adoed there were no code enforcement procedures. He suggest is a problem regarding property that, if there maintenance enforcement, perhaps the City Council shoulderha P consider readopting Chapter 99 as an immediate solution, while continuing to work out the issues of the PMO. January 24, 1994 Page 11 in response to VC/Plunk, stated that CDDlatio s of the building Code is handled through the violations rocess of the Building Code. abatement p VC/Plunk stated that, since the t would be appropriate ission has already done all this extensive review, for the Commission to finish the review. C Grothe and seconded by C/Flamenbaum to direct Moved by / Council recommending staff to draft a letter to the City basis if deemed adoption of Chapter 99, appropriate, allowing the Commission time to continue to continue the public hearing to review of the document; directing staff to make all the 1993 the next meeting, from the December 13, modifications of the PMO, this meeting and any meeting and any comments made during submitted in writing; and to request the City Attorney to draft the abatement procedures for the next meeting- VC/plunk inquired how readopting Chapter 99 will effective. Official, referring to his Dennis Tarango, the Building ter 99 adds memo dated January 17, 1994, stated that Chap to the Uniform provisions regarding ship substandard housing to valuesof surrounding Housing Code in relation properties. r 99 does not ointed out that Chapte Al Flores, the CEO, P parked on the lawn, which address the issue of vehicles p suggested is the vast number of c0m ion move forward sincelaints received. �smuch l that the Planning given in preparing the PMO. time and effort has been g of trouble an VC/Plunk stated that it im ordinance for just four seems to be a lot expense to adopt weeks. ommission concurred to split the motion The Planning C into two motions. C Grothe and seconded by C/Flamenbaum to direct Moved by / Council suggesting staff to write a letter pto the City that Chapter 99 be readopted if deemed appropriate. The Motion CARRIED 3-2 as follows: AYES: Grothe, Flamenbaum, and Chair/Meyer NOES: Li and VC/Plunk ABSTAIN: None ABSENT: None January 24, 1994 Page 12 Moved by C/Grothe and seconded by C/Flamenbaum to continue the public hearing to the next meeting, and direct staff to modify the PMO as presented at the December 13, 1993 meeting, incorporating the comments made at the December 13, 1993 meeting, the comments made this evening, and any written comments received by the end of the week. The Motion CARRIED 5-0 as follows: AYES: Grothe, Flamenbaum, Li, VC/Plunk, and Chair/Meyer NOES: None ABSTAIN: None ABSENT: None VC/Plunk suggested setting a timeline to conclude the review of the PMO. She inquired if the Planning Commission is able to pass the document on to the City Council for their review. CDD/DeStefano, noting that it is doubtful that the City can make a zoning code amendments without a General Plan, suggested that staff be directed to work with the City Attorney in terms of the appropriate vehicle to bring this document back to the City Council. The Planning Commission concurred to so direct staff. PUBLIC HEARINGS - None ANNOUNCEMENTS C/Flamenbaum reported that the City of Brea is proceeding with the Olinda Heights Specific Plan development. CDD/DeStefano stated that the City is preparing comments in response to the EIR for the Olinda Heights Specific Plan. VC/Plunk expressed her hopes that the perception in the community will change with the revision of the General Plan. Chair/Meyer stated that the chairmen of each City Commission, and his appointee, was chosen as non-voting members of the General Plan Advisory Committee (GPAC). He explained that he appointed C/Flamenbaum to the committee because he had participated in the original GPAC. He noted that the GPAC is extremely representative of the community, and it appears that the process will move forward in a timely manner. Chair/Meyer explained that he suggested to cancel the last Planning Commission meeting, scheduled January 12, 1994, because of a lack of items on the agenda. He then suggested February 14, 1994 Page 5 opportunity to address a licant's to include additiicant will have the conditions without the P consent. The app the issues at the next meeting. not a pointed application is Chair/Meyer p d out that the package presented in the same format temporary sign but a sign p the City- as all other signs in other commercial area nt ni ve investment in ns represent a significant an obligation to stated that sig The City comply with the advertising for businesses. ensure that all businesses in the community same standards. made by Commission voted upon the motion to The Planning C Grothe to direct staff t C/Flamenbaum and seconded by I n grog o. prepare a Resolutionof Denial for Planned Sig 94-1 for the next meeting - The Motion CARRIED 3-2 as follows: Grothe, Flamenbaum, Li and VC/Plunk None None AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: SSIONERS: and Chair/Meyer ABSENT: COMMI oint out to the applicant that the VC/Plunk asked staff be misspelled. word "whole sale" may CONTINUED PUBLIC HEARING Property Maintenance 3. -Zoning Code Amendment No. 93-3 Ordinance the Planning DeStefano reported that, pursuant to CDD/ staff has revithe. Commission's direction MaintenancelOrdinance by incorporating the draft Prop Y s of December 13, 1993 and changes specified at the meeting 1994. The changes made to the draft Property January 24, either red line for Maintenance Ordinance are highlighted by deletions made. or strikeout for any provided with the any additions made, has also been p d with by stated that the City Attorney which was Produced is last draft of the Abatement Procedu fo ' his review. the City Council sub-committee,ission review erty nts, make appro ended that the Planning C e� and forwardthe Proper recomm appropriate changes documep Council. Maintenance Ordinance to the City 99 is an item of discussion C/Flamenbaum, noting that Chaptering he City Council's agenda for their hould continue rwith their on t commission .inquired if the Planning Property Maintenance Ordinance at this review of the draft Prop time. Page 6 February 141 1994 pointed out that the recommendation to the City VC/Plunk P a approve Chapter 99 as an interim P ar measure d in final Council was Until torPy rMaintenance Ordinance wasp the draft Prop form. notesired ed that the City Council sub -committee t tdbeyond Chair/Meyer erty Maintenance Ordinance that Code and the to create a Prop ter 99 of the Building has Since the Planning Commission the provisions of Chap Ordinance to this Uniform Housing Code.' the expended much effort in developing point, the process should continue - changes made to noting that there have continue- not ifeen nthe City Attorney VC/Plunk, document and respond the draft Abatement Procedures, inquired has had the opportunity to review the accordingly- of the though he received a Copy and Montgomery stated that, with various comments to ICA/ Procedures be appropriate draft Abatement he felt it would not eap and prior to suggestions made, e, prior to public comment addressed, attempt to Predict p the issues not y the Commission of procedure to deny tax discussion by or the notification r appropriately maintained - such as mediati rental property not apP P benefits to any clared the public hearing open and invited those Chair/Meyer de wishing to speak to come forward. drawing at 23398 Minnequa► submitted a residing the location of his motor home to Don Gravdahl, illustrating to Motor Vehicle Parking of his property Referring ires the Planning Commission. to Page he expressed concern that abutting lthe street, on the side Yparked on the motor homes parked on motor homes p He noted that maard Set back, and since a six be screened. s out the front Y the front yard set back to side yard hang laced in should be foot high wall cannot be placed word ,screened" Motor motor home, B� "screen his lie then suggested that item vehicles eliminated. on page 8, be amended to indicate many Vehicle parking, ound gross vehicle weight GVW)► with a 10,000 P do not take into account ddi that pickups posted 6,000 GVW tools, etc. He also suggested weight Conditions" be removed from the from added bodies, ting of the definition does not the definition of "Blighting Particularly since much document, he City, such as references to coastal environment. apply to t made the following at 2141 Tierra Loma, on page 3 residing "blighting", a e Bob encs: , here else in the comments: remove the isfnott mentioned anyw on page to particularly since it of "driveway' right -Of document; revise the definitionion of the road rig private amend (a) to read, That p onto p where motor vehicles enter or leave the highway page 7 February 14* 1994 the to referenCeublie diagram ,,vent p Lanu there soh°uld on page 5be a and dsentenc eteo of v re should property; ,� last that there s for prop Yard the ested def health lhaza ds.. froll He then Sugg in the ordinance' 9 • for their ce, on Pageores, included follow th the Maintenan ative p e the roced to wl istr officers complaints be admin ent for e Enforcem handling °f es ar since the Cod tement procedure tha investigation that the Aba Se also su9geSof d,lnuisance"� understanding to comply• a def init'o „nuisance" with for who refusesnot include replace viola ance does Procedures should the ordinAbatement e Ordinance No. XX• ordinance then the ested that the recreational liviolation of ecr to page 7, Sall existing r Oscar Law, refer, the grandfathering of ,.Blighting allow definition ed with Mr' vehicles. that the defln concurr urred He also 000 pound s• Calkins cone be de GVW to 10► Red should change the his conditions eStion to addressing sugg will be Gravdahl s the CommisslOn ns' Neely inquired if oriented sig for the Gary arding freeway riate time sting suggestion reg the aperop issues not rel Sugg t the MeY eXplainednd t0 tern comments made . i Comments, a CommisSlcs on theagenda is during Comm on Property to end oft the meeting' opinion that the dr thrown out' be comp etelY the following his P 1 expressed should he made tions" on Gary Neely ordinance to remain,. condi tion Maintenance tion of W.1,ghting the def ini Lt it is assuming the def ini a 5; expand flag lots? However, delete it on Pag tion of item comments*- "Drivewaynclude co indite ted on Page fy the e 3; a 5, as A; ofg,,yard", on ptgian access sated on Page 6' 1 abuts the street; lope indicate ed def ine a P "debris-, as indi „side yard that li as indicated def ine d n versus sally similar g the A; is, yard uaestheti current regard,-' arding concePtthe definitIon U°a9ram -'- in th the reference 9rsgnee it and e exp include u• and delete sated °n pal on Page l0' of ••yard ► indi definition ation sYstems�to tainng ing ig business. Spring ref following ri islnot the city's s, 23958 Goldenmade the should be at he 2, ells, residing procedures, tiCe, page ]ace "Code Al Rump Abatement gearing mail"; rep Extension the draft item 3, under 2, under 11 -page Page n since the comments to indicate indicated off icer ) sial as pHearing. ed in item RC1 amended Off i work, ,with indicat steal. Enforcement perfos the decision maker a that the hearing Of Time To delete the mention hearing of f lc Order of Abatement; del _ 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 Commission: Section 22.54.010, as concurred by the Planning 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 141 1994 Page 11 shall be kept and maintained in a single-family constitute a nuisance. to manner so as not in a manner so as Landscaped areas shall be keptFoliage in not to owed, groomed, constitute a nuisance. trimmed, landscaped areas shall be m pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition not to constitute a threat to public health or safety." Section 22.54.110 and page 10 - Delete examples 1 through 5 from SAllfence lon /s and rewrite the first walls upon any Bente lot or parcel desnated as single- family shall be kept and maintained in a manner o as not to create a public nuisance. " Rewrite Section B to indicate that them provisions so asences and not must comply with Building Code p to impose a risk to health and safety. nested staff to address parking of trailer requested in regards to section 22.54.150, on C/Flamenbaum homes in motor home p page 12, item .A.State provision is preempted by Staff noted that most of rks. lalaw in the mobile home pa The Planning Commission dir ithdthecrest of the document. e Multi -family section comply w how referring to Commercial Standards, inquired air shop will maintain the scrap yard in a Flamenbaum, a local automo organized manner. a neat.and org chan es: The Planning Commission concurred on the following g Section 22.54.210 in the back, is page 16 _ p, fully screened storage yard, exempt. section 22.54.230 le -family page 17 - This section to sing to the residences, and does not apply tailored it should be public present section, as well as address nuisances. Section 22.54.250 page 18 - it should address public nuisances. February 14, 1994 Page 12 Section 22.54.260 page 19 Add a provision that private public must be maintained in manner. property open to the a safe and sanitary concurred that the fo The Planning Commissio the Abatement ProceduresloWing addressed in issues should be such as a 0 Provide for a preliminary informal notice, warning notice. o Provide for a mediation process. ion - 0 Provide a certified mail provision for not ificatssues. o e of enforcement procedure for common Provide stern enforcement for health and safety air, o Provide a slow YP vehicles under rep problems such as unmowe d lawns, wto'include personal notice, and boats and then offering mediation before citing the a letter, person. proceed from the Planning o The appeal process should Commission on to the City council. ent process should 0 The mediation process and problems or other include consideration ofbeforeoalzoning administrator, constraints at a hearing Director, or appropriate Community Develop individual. or his designee, is the ultimate o The City Manager, eliminating personnel, thus responsible administrative p mention of the ofines to adds ssfcommercial/industrial o Provide for heavy owners. is applicable for residential as well o The initial hearing as for commercial owners. carried seconded by C/Flamenbaum and royal Moved by C/Grothe, prepare resolutions of approval to unanimously to direct staff to allpthe appropriate changes for the next meeting, making the documents. did not Commission as Gary Neely pointed out that the Planning ion of debris following items: yard; a clear address the storage in the front y „a indicated on Page 6' the street"; definition of what a definition of abutting pedestrian aide yard" ccess way shall be maintained on one "periodically P and def page „20 , the last means, as indicated " as indicated on page 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. Respective W! , 1 � fames DeStefano Secretary Attest": 1 id Meyer , Chairman February 28, 1994 Page 2 proposed sign is not a Diamond Bar number, inquired if the sign is actually for an off-site business. Chair/Meyer explained that the business on site sells wholesale nursery items. The location of the primary business is in the City of La Puente. Moved by C/Grothe and seconded by C/Flamenbaum to adopt the Resolution of Denial. The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Grothe, Li, Flamenbaum, VC/Plunk and . Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None NEW BUSINESS - None CONTINUED 'PUBLIC HEARING 3. Zoning Code Amendment No. 93-3 - Property Maintenance ordinance CDD/DeStefano reported that staff has revised the draft Property Maintenance Ordinance by incorporating the changes specified at the February 14, 1994. However, staff has noted that there are still some areas in the document that need further refinement. Furthermore, staff has also received communication from two members of the public with some very specific changes to the document. It is recommended that the Planning Commission review the draft document, make appropriate. changes and forward the Property Maintenance Ordinance to the City Council for their consideration. Chair/Meyer requested the Commission to provide their input prior to opening the public hearing. Chair/Meyer requested the following amendments: delete the word "between" from the definition of Driveway on page 6; item (B), which was omitted from Section 22.54.120 Motor Vehicle Parking, should be put back into the document as written on page 12; the phrase "within the front yard or side yard abutting a street, or within the side yard or rear yard" in Section 22.54.120, page 8, needs further work, or the section should be written as on page 12; replace the words "deemed substandard", in Section 22.54.130 Building Maintenance, with "deemed to be in violation of this section"; add the word "so" after the words "watered" and "manner" in Section 22.54.140 Landscape Maintenance on page 9; add "or a nuisance per se" following "constitute a public nuisance" in Section 22.54.150 Fence and Wall Maintenance (A) on page 9, as well as throughout the document for consistency; replace "as permitted February 28, 1994 Page 3 sentence in Section Code" in the last on page 10, with "as by the Building throughout the 22.54.150 Fence and Wall Maintenance and(Bdo SO applicable law", 'except" from permitted by n eliminate the wordon page 12, and document for consistency; ermitted; Section 22.54.190°�Mootrr��three'leSuchkvehicles area a 13, the readdress if ,two,, on , 9 "applicable laws" in Section amend Section 22.54 9 Landscape Maintenance, ' nuisance per same way as o page on page 15; add or n atement 22.54.250 Storage in Yards, Section 22.54. 400 Abatement Se" t0 "nuisance" on Page 23, "affected party change the word "Party" to aitem 3, and add Procedures; Hearing Notice, well in item Section 22 .54.400 alar) mail" to this section as well in to "certified and reg amend the word B C Order of Abatement; Section 22.54.400 (B), (hearing(s)" as indicated in item 2► To perform nth • the "Code Enforcement Of to Sionf of time the Perform page 24, "Hearing lane in Section 22'should be amended to read the f icer may Work, on Page 25' rovision that the hearings ►iphysical officer", and include a p as well at take into account economic hardship t ►� • and perhaps a flow chart woud beneficial, abili Y in terms of the abatement process. some point, tion Chair/Meyer, in regards to the second paragraph of Description To Abate Unlawful conditions), s t e responsibility of Actions Necessary (To right-of-' I 26, question if the p the City's - of the property owner to maintain or right-of-way to the curb, ICA/Montgomery explained that the duty to keep neat and tidy; is the property ht-of-waY► the City can typically,n a public rig however, since it s etc. The City has an easement over it remove or trim treeu� purposes- for public street p P stated the continuing with suggestedount amendments, if applicable" to Chair/Meyer, or City Planning include of the of following the date of .such decision u ..after Section 22.54.410 Lim' to the Commission", on page 27,insert " or City Council" „ in Filing Judicial Action; the Planning Commission, �� ..extended by public Nuisances by the statement, abatement of section 22.54.420 (A) ,Code Enforcement Official" o on page 27, and change „. change ,Code enforcement City,, Manager or his designee , to indicate g read City 22.54.430 Commission Official" throughout Section delete "Planning Section Manager or his designee";„City Clerk on page �� a e 2 8 , the �' and replace with appropriate that secretary it is Pp onsibility of 22.54.450, and revisit n should be a responsibility determination of "assessments' re lace "Planning "City Commission; P on page 29, with the Planning Council” following Secretary in Section 22.54-4the(B City "Code 11 Commission"; replace Clerk" and included ,..protest to the Planning Manager" as indicated in the �t with "City of Notice, on Page 30; Enforcement official Example f irst line of Exhibit B, February 28, 1994 Page 4 replace the word "order a refund" with "recommend a refund" in the first line of Section 22.54.490 (C), on page 31; and Section 22.54.510 should be drafted in accordance with the District Attorney's letter dated June 28, 1993. CDD/DeStefano, correcting a statement he made earlier that Section 22.54.120 (A) Motor Vehicle Parking, on page 8, should correspond with the same section on page 121 stated that, after reviewing his notes, Section 22.54.120 (A) is written as directed by the Planning Commission; therefore, further direction will be needed. He noted that Section 22.54.120 will also need to incorporated subsection (B) as referenced on page 12. C/Flamenbaum, referring to Section 22.54.120, stated that he prefers the verbiage as written on page 12; however, if it is the desire of the Planning Commission to amend the section, he suggested that Section 22.54.120 (A) be amended to read, !'All parking of motor vehicles... in compliance with all applicable codes," deleting the remainder of the paragraph, and inserting subsection (B) from page 12. He stated that the sentence, "If parked on a side yard, pedestrian walkway of a width of not less than 36" shall be maintained for public safety access purposes." could be retained. However, the statement "within the front yard or side yard abutting a street, or within the side yard or rear yard" is confusing, and should be omitted. C/Grothe concurred that the last sentence, "If parked on a side yard ... access purposes, is acceptable. He pointed out that omitting "on one side yard" now permits the parking of an 8 foot motor home on the side yard, but with a 36" walkway, which was not the intent of the Commission. Therefore, the statement "on one side yard" should be retained. He concurred that the verbiage on page 12 is preferable. ICA/Montgomery expressed concern that Public Safety officials may require access on both sides of the property. Upon the concurrence of the Planning Commission, staff will reinsert the statement if deemed necessary. The Planning Commission concurred. C/Flamenbaum made the following suggestions to amend the document: delete the word "maybe" in Section 22.54.050 on page 5, and include those specific items believed to be a nuisance per se, such as the parking of 18 wheelers on private residential property, tires used as planters in front yards, and automobiles parked on unpaved portions of the front yard for periods in excess of 72 hours; and reword the first sentence in Section 22.54.140 Landscape Maintenance, on page 9, to read, "All landscaped areas within the front yard within any developed lot..." CDA/DeStefano pointed out that some properties back up to the February 28, 1994 Page 5 boulevard and their back yards can be seen off of Diamond Bar Boulevard. C/Flamenbaum stated that it was the consensus of the Commission that any area behind the house was a private concern of the property owner. C/Grothe stated that he recalled it was the consensus of the Planning Commission that the landscaping in all yards shall be maintained with the intent of getting the weeds pulled on those hillsides. C/Flamenbaum pointed out that the problem of weeds on slopes are better addressed with hillside abatement or weed abatement provisions, not landscape maintenance. The back yard of someone's property should not be the concern of the City. Following discussion, the Planning Commission concurred to reword the first sentence in Section 22.54.140 to specifically indicate front yards, and developed property. C/Flamenbaum suggested that the second paragraph, first sentence of Section 22.54.140 be amended to add the word "substantially" before the words "free of debris". He reiterated his desire to specify examples of "public nuisance or nuisance per se" in the Abatement section. ICA/Montgomery explained that a "nuisance per se" is defined as something that exists that is hazardous to health or safety, and a "nuisance" in general is a question of fact if it is a nuisance or not. He stated that it would be acceptable if the Planning Commission desired to insert examples of a "nuisance per se.11 VC/Plunk suggested that Section 22.54.110 Storage --Front Yard/Side Yard Abutting a Street (A), on page 7, be amended to permit boats. She also suggested that Section 22.54.140 Landscape Maintenance, on page 9, include a provision addressing property owners that are maintaining a portion of the property specifically for wildlife habitat. Chair/Meyer noted that one of the suggestions is to specify that landscape maintenance provisions applyonly to front yards. Therefore, if the suggestion is accepted,. then maintaining back yards in a natural condition would be acceptable. Chair/Meyer declared the public hearing opened and invited those wishing to speak to come forward. Al Rumpella, residing at 23958 Golden Springs, pointed out the Vehicle Code does not permit commercial vehicles over 10,000 pound gross weight to be off a truck route, thus addressing any problems regarding 18 wheelers in residential areas. He February 28, 1994 Page 6 then made the following recommended changes to the document: delete "of the community or the comfort or convenience" from the second sentence in Section 22.54.040 Public Nuisance, on page 5, and delete the words "comfort and convenience" at the end of the sentence; delete "boats" and "camper shells" from Section 22.54.110 (A) Storage, on page 7; and define the word "fence" in Section 22.54.110 (C) because wrought iron and chain link fences provide no screening from public view as required. C/Grothe suggested the word "from public view" be stricken so it would read, "a street shall be screened by an approved wall or fence." Al Rumpella continued with the following suggested changes: amend Section 22.54.120 Motor Vehicle Parking, on page 8, to indicate "on one side yard"; define "fence" as indicated on page 10, Section 22.54.150 (B) Fence and Wall Maintenance, and on page 17, Section 22.54.290; include language addressing the need for a reply to written notices as indicated on page 24, Section 22.54.400 (A), item 3; replace the word "Code Enforcement Official" on page 25, Section 22.54.400 (D) and throughout the document, with "City Manager or his designee"; correct the spelling of "follow" as indicated on page 27; amend Section 22.54.520 Continuing Violations to indicate one offense until the problem is taken care of; and include language pertaining to a "grandfather clause". Don Gravdahl, residing on Minnequa, suggested the following amendments: the statement "maintained for the transportation of persons for hire, compensation, or profit...", as indicated in Section 22.54.060 Commercial Vehicles (a), needs further work because it includes a vehicle used by a business person to carry a briefcase; Section 22.54.120 Motor Vehicle Parking, as written, effectively takes all RVIs off the side yard and on to the street, and should be amended to indicate "on one side yard"; there should .be a provision addressing the maintenance of public facilities by public agencies; the provisions should address the maintenance of landscaping in drought conditions; and Commercial Parking should define "paved" because the RV storage area parking lot on the corner of Brea Canyon and the 60 freeway is gravel. Bob Zirbes made the following suggested changes: define "indecent" as indicated on page 5, Section 22.54.030 Nuisance in General; omit "boats" from Section 22.54.110 Storage, on page 7, and address "camper shells" in the Parking section; add "economic hardship, and/or physical handicap" to the last sentence of Section 22.54.400 (D) Extension of Time to Perform Work; and delete Section 22.54.520 Continuing Violations, on page 31. Oscar Law suggested that the Draft PMO include a "grandfather" clause to permit existing nonconforming uses. February 28, 1994 Page 7 CDD/DeStefano pointed out that allowing a "grandfather" clause may require an inventory of the entire community in order to determine the amount of time the situation has been existing, and to verify that it did not occur just shortly before the enactment of the ordinance. Rick Imperial, residing at 1318 Crestmont Drive, expressed his support of the draft PMO. There being no one else wishing to speak, Chair/Meyer declared the public hearing closed and returned the matter back to the Planning Commission for consideration. C/Flamenbaum questioned if including a grandfather clause would make it difficult to enforce the Ordinance on such problems as spare tires in front yards, parking on grass, etc. ICA/Montgomery stated that a zoning ordinance can't operate to compel immediate discontinuance of an otherwise lawfully established use, unless that use constitutes a public nuisance. A provision could be included in the PMO allowing a reasonable amount of time to abate that nuisance; however, the City cannot categorically permit certain nuisances to continue if declaring more recently arriving nuisances to be illegal. ICA/Montgomery then defined a "nuisance per se" as a nuisance which is a nuisance by virtue of it's very existence and requires no burden of proof on the public agency to establish it as a nuisance, such as an open hole in a school yard, a car on fire in a parking lot, etc. Chair/Meyer pointed out that the discretionary review procedure allows these unusual cases to be determined on an individual basis, allowing discretion to the hearing officer relative to abatement proceedings based on economic hardship, physical disability, and other such items in the relevant staff report. He concurred with C/Flamenbaum that grandfathering in existing situations thwarts the entire process of the PMO. Following discussion, the Planning Commission concurred to direct staff to include verbiage in Section 22.54.400 (D) Extension of Time to Perform Work, on page 25, adding a provision similar to a variance finding of fact giving the hearing officer greater latitude to determine extending the period of time for abatement. RECESS: Chair/Meyer recessed the meeting at 8:50 p.m RECONVENE: Chair/Meyer reconvened the meeting at 9:03 p.m. CDD/DeStefano suggested that Section 22.54.400 (D), page 25, could be amended to indicate "there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location, or February 28, 1994 Page 8 surroundings that are not generally a properties in the same vicinity and underlicable identicalo zoother ning classification", and indicate "an extension of time. is necessary for the preservation of a substantial property right Of the applicant, such as that property or in the same vicinity andszone�� sess by owners of other that "the . extension of time would , and make a finding detrimental to the public welfare or be inju r ous to other not e materially property or improvements in the same vicinity and zone.11 The Planning Commission concurred with the suggested language. The Planning Commission then discussed all the issues brought forward, and concurred with the following: o Section 22.54.110 storage --Front yard/side yard abutting a street (page 7) Reword item C. to read, 11 ... side shall be screened by an a Yard abutting a street yard is defined as that which is s eh nd thewall orea11 Side fence or wall. pproved Reword item A. to delete�� shells', to "dismounted camperoshells,and change 'camper o Section 22.54.120 Motor Vehicle Parking (page 8) Reword item A., last sentence, to read, If side yard, an open �� parked on a p pedestrian walkway or a width of not less tan 36" shall be maintained on one side yard for public safety access purposes.', Include the verbiage on page 12 for item B. o Section 22.54.140 Landscape maintenance (page 9 ) Reword the first sentence to read, "All landscaped areas within the front yard of an designated as single-family... developed lot or parcel document for consistency Y " ' I and throughout the the second paragraph y• Reword the first sentence in kept in a n at and clean conditionr,dsubstantiall areas s fall be debris and dead... 11 y free of o Section 22.54.150 Fence and wall maintenance (page 10) Reword item B. to read, "All fences and walls utilized... such materials, as permitted b law.',. All references to the Buildin Y applicable changed to "applicable law.1t g Code should be o Section 22.54.190 Motor vehicle parking (page 12) Change item B. to indicate that "no more than two such page 9 February 281 1994 or such lot May,, be parked t of tn an he provision is vehicles �� The inten used for business permitted any one time. of vehicles parcel at the number to restrict age 16) purposes. tenance (P dscape main „free 54. 280 Lan to the words o section 22• " prior first sentence. „substantially P raphe repeat the the word the second Paragraph, a Include in amended tO replacing of debris—document should substantially 'and adding The entire the word able laws for changes addode„ Twit tc,,ap Ill ughout the document thr ,IBuisance Per se ► e of public purposes* consistency P procedure for abatement Section 22.54.400 o age 23) 3• to read, „The nuisances (P in item served to t sentence shall be the f irs of abatement lar mail..•" geWord notice and order and regular written arty by certif ied notices should the affected P t n be required, that jude a provision e it maynot The PMO needlnot angugeS b tastatute would apply to that be in mult1P a differe. and, if it were, Officer" ► situation- �� to ,�Hearinq rm Work, Official a To perfoysical Change "Code Enfor D) Ex ension Time and/or P Of include the 25, Item ( hardship, incl on page , 11 economic sentencer and ranting the and include to the last sen extend the CDD/De Stefano angio disability earlier by approval based upon provision mention proceeding Of f icer f discretionary the ab tement gearthgof time length of fact- d Yard DeSlgnation findings of Lot Line An A Illustration Diagram cen. o (page 22) to nCurb Fa change the 'Street" designation e 26) manual to nAn trative ° Exhibit (page chart in an adminis Include a flow A . reference Exhibit „ " out of public auisauces by the 54.420 Abatem ° section 22• and indicate the city (Page 27) appropriate „ where applicable 11 where app +City council designee 11 Insert or his/her "City Manager document. dangerous throughout the 430 Abatement °f l�inently 0 Section 22.54. February 28, 1.994 page 10 28) „ public nuisances (page„ Manager, 11 It may be Change "Code Enforcement Officialaocument "City appropriate Enf . throughout the the Code Enforcement where pp to redefine that nee• appropriate Manager or his/her designee - appropriate Official is the City o Section 22.54 .45o Procedure for special assessment (page 28) ” to "City Clerk," e 11planning Commission Secretary Chang throughout the document. where appropriate Right of entry (page 31) o Section 22.54.510 Riq per the opinion of the as drafted p 1993 which Retain subsection (y s letter date drivatejune 2property will Deputy City Attorney ht to enter p law. all applicable State and Federal indicated that the rig be governed by per the opinion of the on g as drafted, P 1993, since Retain City Attorneys letter dated June 28► Deputy City it is a matter of case law. Section 22.54.520 Continuing violations (Page 31) o to retain the language The Planning Commission concurred as written. that the desire is to sion concurred he situation The Planning Commist the intent is to correct h fines* reference that rocedure, not through through the abatement p viewed as ested inues that the violation be ICA/Montogmery Sugg till abated. one violation that contthose issues brought Commission then discusseand concurred the following' The Planning et addressed, forward but not y of Maintaining Public Facilities o Responsibilitypublict a agency can't Commission noted t tvernmental agencies, nor The Planning itself impose it's ordinance on other g's ordinance upon can a public agency impose it because it would not prosecute itself. Property during Drought Conditions o watering 'lade watering that back as Commission noted ring or cutting The Planning pre over of be mentioned does not p conditions need n vacate the appropriate. weather automatically because other codes would provision inthe code. February 28, 1994 Page 11 0 Commercially Paved Areas The Planning Commission noted that in the definition of paved. in is acceptable 0 Sunset Clause The Planning need Commission concurred that a sunset clause not be recommended because it is l responsibility of the Planning Commission to review the the General Plan every two years, and since implementing ordinances must be consistent with the General Plan, a forum is already provided to review such ordinances. 0 Nuisances per se There was discussion to insert specific definitions that were cited by the applicable the State of Californiacivil code, or case law in ICA/Montgomery reviewed the various examples cite noted that aesthetic tastes would d• uHe nder a nuisance per se. A Probably not come under nuisance per se must be a genuine health and safet y hazard. Following discussion, the Planning Commission concurred. to retain the language as written. Moved by C/Grothe and seconded b City Council adopt draft Pro ert C/Li to recommended that the amended. P y Maintenance Ordinance, as The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Grothe, Li, NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Narver/Meyer ABSENT: COMMISSIONERS: None None INFORMATIONAL ITEMS Flamenbaum, VC/plunk and C/Li and C/Grothe expressed their a to serve on the Plannin appreciation for having been able g Commission. PRESENTATION OF PLAQUES TO OUTGOING COMMISSIONERS Chair/Meyer presented Plannin Co Plaques to C/Li and C/Grothe extending the g mmission and staff's appreciation for their input and service the past year(s). Chair/Meyer informed the Commission that the City Counc' requested the appearance of the Commissioners both incoming and outgoing, of all commis i sons to attend the Cit 11 has y Council meeting of PROOF OF PUSUCATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles I, NANCY PAISLEY do hereby declare that I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the legal Advertising Clerk of the INLAND VALLEY DAILY BULLETIN (Formerly the Progress Bulletin) A newspaper of general circulation, published daily in the City of Pomona, County of Los Angeles, State of California, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the Following dates, to wit; March 11, 1994 I declare under penalty of perjury that the foregoing is true and correct. nature r Proof of Publication of NOTICE OF PUBLIC HEARING CITY OF DIAMOND BAR I NOTICE OF PUBLIC NEARINO Is NEREEY THE CF EAR that De will Conduct a ring on the g�aa write to COTTMts, ar Community Ctempp Ment aPartnlam a0i� lop.' tion ajd,ryp Mme• Atten- mar also pptlIn/M,additbna Coss of byroncarltlnp this ease Phoningl c9o9) �+e-scn. Iordlli jN Ichallenge ° YOU May �Iswas r�oo aor'fsome° NYY i els, nlaad of th. Public one Manny daaorlbsd In this) Ice, or s wrlfhn r a re - city Council at or �br two, DATt OFh;y`LIC NIAR- INO: Twos" App 1 S, XA TIMI OF NRARI lit LOCATION: sauNl OsasPAtr IQuality Matlayemontl District, Daard ROOM, 21MS Call ernli Dr., Dlamand Dar, CASE MATERIALS.- Are evoysbla tar nvlav during r 1 ofd bean at the CIy Nall, 214 8DrivCop1eY Suite I9s, Diamond Bar, CA 91745. Lynda 't Clj ���u PublNh. 9/11/191 (DC79110) (Space below for use of County Clerk only) SAN GABRIEL VALLEY TRIBUNE 1210 N. Azusa Canyon Road West Covina, CA 91790 PROOF OF PUBLICATION (20 i 5.5 C -C -P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL LLEY RIBUNE, a newspaper of general circulation printed and published daily in the City of West Covina been of Los Angeles, and which nwspper has adjudged a newspaper of general ulation by the Superior Court of the County of Los Angeles, State of California. on the date of September 10, 1957, Case Number 684891. The notice, has hich the been publishedd is a true printed COPY in each regular and entire issue 1e�endtthereof newspaper and not in any Supp on the following dates, to wit: 3/11/94 1 declare under penalty of periury that the foregoing is true and correct. Executed at West Covina. LA Co. California 19 - this 7 1� Signature Proof of Publication of ICCITY NEARING NOTICE IS HERESY GIVECIS' C HI it will OF DIAMOND 6AR that th4 CO ui/ Ca b1ICC No oilowin9 item: ProPerW Ml IMa tend Title 22 of the AC11YInitote —ntv CtOd0 by adding a �e p Publish: March 11 San rwrlel Valley E. NO -4M CITY OF DIAMOND BAR AGENDA NO. AGENDA REPORT TO: HONORABLE MAYOR AND CITY COUNCCILMEMBERSAPRIL 19, 1994 MEETING DATE: APRIL 19, 1994 REPORT DATE: FROM: TERRENCE L. BELANGER, CITY MANAGER TITLE: Resolution No. 94 -XX entitled: RESOLUTION OF THE RICH DENIED VESA TENTATIVE ary COUNCIL OF THE CITY OF DIAMOND BAR RECONSIDERING RESOLUTION NO. 92-65 TRACT MAP NO. 47850. SUMMARY: Section 2 of the settlement agreement between City 92Diamond idenied Bar Diamond 7850;and the sell April 5, 1994 provides for the reconsideration ociates datec of Resolution No. 9 of a Public Hearing for VTM 47850 to be held at a joint session of the City Council and Planning Commission. RECOMMENDATION: It is recommended that the City Council CONSIDERING RESOLU'TIO1 esolution No. 94 -XX entitled RESOLUTION OF D �D VESTING TENTATIVE THE CITY ,QCT MAP NO. 47850. NO. 92-65 WH EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed — Yes — No by the City Attorney? X Yes — No 2. Does the report require a majority vote? Yes _1L No 3. Has environmental impact been assessed? — Yes -2L No 4. Has the report been reviewed by a Commission? — Which Commission? Yes X No 5. Are other departments affected by the report? — Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belau City Manager Frank M. Usher Assistant City Manager DEPARTMENT HEAD: RESOLUTION NO. 94 - RESOLUTION OF THE CITY COUNCIL 92F6THWHCH DENIED VESTINGR RECONSIDERING RESOLTENTATIVE TRACT MAP ION No' No. 47850 A. Reels 92_65, the With the approval of Resolution No. (1) city Council denied Vesting Tentative Tract Map (VI'M) Diamond oBaDecember 1, 1992- 47850, 47850, Diamond Bar Associates, applicant re V'I'M (ii) filed a lawsuit asking47850. for a Writ of Mandamus, to direct the City Council to rehear VTM of Diamond Bar and (iii) On April 5, 1994, the City mond Bar Associates agreed to settle tes causes e Writ f ofa ndamur- Diaact� n. cause of action and several related ama pr for the The settlement agreement p 92-65, (iv) b the City Council, of Resolution No. reconsideration, Y which denied VTM 47850. reement also provides for the (v) The settlement ag Commission of a joint meeting of the Diamond Bar ubliclhearing setting Council, at which a P and the Diamond Bar City regarding VTM 47850 will be held. B. Resolution the City THEREFORE, it is found, determined and resolved by NOW, of Diamond Bar as follows: Council of the City 1992, he Council s action of December 1,1992, VTM 47850 I. The City Resolution No. 92-65, approving reconsidered. without prejudice is hereby public hearing before a joint session of the 2. That a p Commission shall held,50 City Council and the Planning regarding within a reasonable period s time. in accordance with the terms r'1 5, 1994et forth n the settlement agreement dated Ap PASSED, ADOPTED AND APPROVED this day Of , 1994 Mayor Clerk of the City of Diamond Bar do City I, LYNDA BURGESS, foregoing Resolution was passed, approved hereby certify that the of the City Council of the and adopted at the regular meeting day of 1994 by City of Diamond o ar heldon vote• the following • AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Cit Clerk Lynda Burgess, y City of Diamond Bar SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is entered into effective as of the dates indicated below, by and between Diamond Bar Associates, Inc., a California corporation (hereinafter referred to as "DBA"), on the one hand, and the City of Diamond Bar, a municipal corporation, and the City of Diamond Bar City Council (sometimes hereinafter collectively referred to as the "City,,), on the other hand (all three of whom are collectively referred to herein as the "parties"), which parties desire to settle now certain claims between them as further described herein below. RECITALS A. On or about November 22, 1989, DBA filed with the County of Los Angeles an application for a vesting tentative tract map ("VTM 4785011) regarding preliminary approval for the construction of a subdivision of single family homes on a certain tract of real property in the City of Diamond Bar. The application was deemed complete on or about September 23, 1991. B. VTM 47850 was recommended for approval by the Planning Commission for the City of Diamond Bar to the City of Diamond Bar City Council (the "Council") on or about November 25, 1991. Thereafter, it was submitted to the Council for approval in January of 1992. C. From January of 1992 to November of 1992, the Council considered VTM 47850 and held up to six public meetings on the map. City staff reviewed VTM 47850 and met with DBA repeatedly to discuss further analysis of the map. The matter was also reviewed by the Council's geotechnical consultant, Leighton & Associates, Inc. The Council was scheduled to vote on VTM 47850 on or about November 17, 1992. D. On October 29, 1992, Leighton & Associates, Inc. requested twenty-four (24) points of additional information from DBA which DBA could not provide to the Council by November 17, 1992. DBA tVquested an extension of the hearing date; however, the Council refused this request, and, on November 17, 1992, the Council refused to approve VTM 47850 on the grounds that DBA had provided insufficient information to support approval. E. On or about February 3, 1993, DBA filed a Petition for Peremptory Writ of Mandate and Complaint for Damages for Violations of the United States Constitution, the California Constitution and 42 U.S.C. §1983, in the Superior Court of the State of California for the County of Los Angeles, entitled Diamond Bar Associates Inc. vs. Cit of Diamond Bar and City of Diamond Bar City Council, Case No. BC074102. The Complaint, the Petition and all records in the lawsuit are herein collectively referred to as the "Action". In the Action, DBA sought an order 03-24-94 163%-00002 F:\00C\166\94030005.A10 for issuance of a peremptory writ of mandate and damages from the City based on causes of action for violations of the United States Constitution, the California Constitution and 42 U.S.C. § 1983 F. On or about June 4, 1993, the Action was transferred to the Superior Court for the State of California in the County of Orange and it was assigned Case No. 711864. G. On or about June 21, 1993, DBA filed 'a Petition for Peremptory Writ of Mandate (C.C.P. § 1094.5) and First Amended Complaint which named Gary Miller ("Miller") and Phyllis Papen ("Papen") as additional defendants and respondents. Neither Miller nor Papen are parties to this Agreement. H. On or about August 16, 1993, DBA filed a Petition for Peremptory Writ of Mandate (C.C.P. §1094.5) and Second Amended Complaint. I. The Petition for Peremptory Writ of Mandate requested that the Council reconsider its decision to deny DBA's application for VTM 47850 on the grounds that DBA should have been permitted to respond to the twenty-four points raised by Leighton & Associates, Inc. in the October 29, 1992 memorandum and geotechnical review sheet before the Council voted on DBA's application. J. Defendant Papen demurred to the Second Amended Complaint and Miller joined in the demurrer. The demurrer was sustained without leave to amend. Judgment was entered and DBA appealed from this entry of judgment in favor of Pappen and Miller (the "Appeal.") K. The parties hereto now desire to settle and compromise certain matters in dispute between them as provided herein for the purpose of avoiding the costs and uncertainties associated with litigation. Accordingly, the Council has agreed to reconsider its decision to deny DBA's application in support of VTM 47850 as set forth herein. Among other things, the Council wil2'*consider DBA's response to the October 29,1992 Leighton & Associates, Inc. geotechnical review sheet and memorandum and will reconsider its decision on VTM 47850 in light of that response. AGREEMENT NOW, THEREFORE in consideration of the mutual covenants, agreements and promises set forth herein and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 03-24-94 16396-00002 F:\D0C\166\94030005_A10 2 1. Settlement. This Agreement shall be effective only upon completion of all of the following: (1) execution and delivery of this Agreement by all parties hereto; (2) completion by the City of all of the actions described in Paragraph 2 herein, infra; and (3) execution and delivery by DBA of a dismissal of certain aspects the Action as described in Paragraph 3 herein, infra. It is the intention of the parties that this Agreement shall have no effect in any way whatsoever on the right of DBA to continue to prosecute the Appeal. The Appeal will survive the execution of this Agreement. Although this Agreement provides certain releases to the Council, those releases in no way diminish the potential liability of Miller and Papen arising out of the Appeal or any of DBA's claims against Miller and Papen which are at issue in the Appeal, including without limitation, the Sixth and Seventh causes of action of the Second Amended Complaint. 2• Reconsideration of VTM 47850. The Council shall, at its next regular meeting, adopt a motion, or resolution, to reconsider its previous action in denying VTM 47850. In adopting such motion or resolution, the City Council will be reconsidering the same application for VTM 47850 as was before the Council in November of 1992. At some reasonable period of time thereafter, the Council and the City Planning Commission ("Commission") shall conduct a Joint Session to consider VTM 47850. The Joint Session shall review DBA's compliance with the 24 points raised in the October 29, 1992 memorandum and geotechnical review sheet prepared by Leighton & Associates, Inc. relating to VTM 47850. The Joint Session may also consider VTM 47850 in light of the proposed General Plan currently being considered by the City and any other new matters or alternatives which the Joint Session deems appropriate. At least thirty (30) days prior to the Joint Session, DBA shall make its professional -technical consultants available to meet with, provide information to and/or answer questions of members of the Commission regarding VTM 47850. After conducting the Joint Session or any continuance of the Joint Session meeting, VTM 47850 shall be referred to the City Council to t"ke action on the reconsideration. Upon such reconsideration, the Council shall exercise that degree of discretion permitted the Council by state statutes and local ordinances pertaining to approval of a subdivision tract map. Further, the Council shall consider approval of VTM 47850 under the recently obtained extension of the deadline for adopting a General Plan issued by the Governor's Office of Planning and Research. Provided, however, that if the Council denies VTM 47850 on the basis that VTM 47850 is not consistent with the City's proposed General Plan or on any other related ground, then DBA shall have the right to challenge such decision and/or finding on 03-24-94 16396-00002 F:\D0C\166\94030005.A10 3. all available grounds, specifically including, without limitation, the ground that no such finding of consistency is required for VTM 47850. 3. Partial Dismissal of Action. Agreement is executed by the parProvided that this ties as required herein, and further provided that all related documents have been executed, and that the Council at its next regular meeting adopts a motion or resolution to reconsider its previous action in denying VTM 47850: (a) Counsel for DBA shall execute and promptly deliver to counsel of record for the City, a request for dismissal with prejudice of the Second, Third, Fourth, and Fifth causes of action stated the Second Amended Complaint and shall take whatever further action is necessary to dismiss those causes of action with prejudice; and (b) Counsel for DBA shall execute and promptly deliver to counsel of record for the City, a request for dismissal without prejudice of DBA's Petition for Peremptory Writ of Mandate (C.C.P. §1094.5), as set forth in DBA's First cause of action in the Second Amended Complaint, and shall take whatever further -action is necessary to dismiss the Petition without prejudice. Provided, however, that nothing herein, including without limitation, the dismissal of the Petition without prejudice or the dismissal of any causes of action of the Second Amended Complaint with prejudice, shall in any way be deemed a waiver or otherwise limit any of DBA's rights to challenge any subsequent action of the Council or the Commission on VTM 47850 on any and all available grounds, including the ground that the Council need not find that1VTM u478501istion, consistent with the City's proposed General Plan. incProvided further, however, that nothing herein, luding, without limitation, the dismissal of the Petition without prejudice or the dismissal of any causes of action of the Second.Amend�3 Complaint with prejudice, shall in any way be deemed a waiver or otherwise limit any of DBA's rights to seek damages from the City and/or Council based upon any subsequent action of the Council or the Commission on VTM 47850. 4. Releases. a• Release of DBA by city. action to adopt a motion or resolution to reconsider theitsuncil's action in denying VTM 47850, or within a reasonable periodrofious time thereafter, the City and Council, for themselves, and for their successors and assigns, agree to hereby forever release, absolve, acquit and discharge DBA and all of its present and 03-24-94 16396-00002 F:\D0C\166\94030005.A10 4 former officers, directors, shareholders, partners, affiliates and affiliated entities, employees, agents, attorneys and shareholders and the heirs, successors, and assigns, attorneys and representatives, of DBA and each of the foregoing individuals or entities, of and from any and all known claims for the damagity es, costs and expenses (including attorneys' fees), thatincluding but not and/or Council may now have against DBA, limited to all such matters described.in or which could have been asserted in the Action or which arise out of the Action. b, Release of City by DBA. Upon the Council's action to adopt a motion or resolution to reconsider its previous action in denying VTM 47850, or within a reasonable period of time thereafter, DBA, for itself, and/or its successors and assigns, agrees to hereby forever release, absolve, acquit and discharge the City of and from any and all known claims for damages, costs and expenses (including attorneys' fees), that DBA may now have against the City based upon or arising out of any action of the Council on VTM 47850 prior to the date of this Agreement. Provided, however, that this release shall not be to seek deemed a waiver or erwise limit and/or Council ny of basedDuupon anyhsubsequent damages from the y action of the Council on VTM 47850. Provided further, however, that this release shall not be deemed a waiver or otherwise limit any of Dan'sofrights sagainst out of the App y laims miller and Papen arising Appeal, against Miller and/or Papen which are at issue in the App including without limitation, the Sixth and Seventh causes of action of the Second Amended Complaint. 5, Further Acts. The parties to this Settlement Agreement shall promptly take such further acts and execute such other documents as may be necessary to carry out the spirit and letter of this Settlement Agreement. 6. Representations and Warranties. Then artier ed hereto herel9Q represent and warrant that they have or transferred, or purported to assign or transfer,to any. oration or other entity, any claim or cause of .action person, corp authorized to enter released hereunder, and that they are duly agree o into this Agreement. The parties hereto further t liability, loss, indemnify the other parties hereto reasonable yattorney's fees, damage, cost or expense, including arising out of any breach of these representations and warranties. Applicable Law. This Agreement was made and 7, entered into and shall be governed by the laws of the State of California. 03-24-94 16396-00002 5 f:\D0C\166\94030005.A10 8. Integration. This Agreement contains the entire agreement and understanding of the parties concerning the subject matter described herein, and supersedes and replaces any prior negotiations and agreements between the parties hereto, or any of them, whether written or oral. nd shall be responsibleaforcits sownevio costslandnfee i Each party connection with the Action, and the claims describedurred herein,l including the partyls own attorneys, fees. obligation10warrantynorsreFresentatiany party breaches any der this Agreement, or fails to perform this Agreementiven , the other party shall be entitled to recover its reasonable expenses , fees, and costs incurred in an attorneys litigation, to enforce the terms aOf1the tAgreement, or toaken, with or remedy or compensate for such breach. 11. modifications OfoorftoathissA Agreement, changes or shall be made b g , in order to be effective, y instrument or endorsement thereof and in such instance duly signed and notarized on behalf of each party hereto. and sections Of2thislAgreementHare lfor s Titles and headings of and shall not affect the const conveniencey provision of reference only Agreement. y provision of this 13. Legal Represen t the o �u�ion. Each party hereto has had opportunity to obtain the advice of independent legal counsel prior to the execution of this Agreement and has had the opportunity to receive an explanation from legal counsel regarding the legal nature and effect of this Agreement, and each party understands the terms and provisions of this Agreement and its nature and effect. Each party further represents that the are entering into this Agreement freely and voluntarily,y solely upon"t`he advice of their own counsel eyrelying any representations of any other party or of counsel forany °n other party. Eachpart y expressly ressly agrees that this Agreement shall not be construed or interpreted for or against the party drafting the Agreement. any number 14- cCounterartss. This Agreement may be executed in ch Of an original, but all of whichatogetherlch shallall constituteeoneoanbe d the same instrument. It is also agreed, by and between the d parties, that anysignature signed in counterpart via shall be deemed an original signature.facsimile it shall only be nefurther agreed that cessary in It is proving the terms of this 03-24-94 163%-00002 1_\DOC\166\94030005.A10 6 instrument to produce one set of counterparts which together contain the signatures of all parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated. DIAMOND BAR ASSOCIATES, INC. \ �-' -'��►� L DATED: March 28, 1994 By: Jack C. Cameron Its: 1 President CITY OF DI.41-10-ND LIAR DATED: 1994 Y r,da Bu�aess Its: - CITY OF DIAMOND BAR CITY COUNCIL By: - W r Its: Mayor APPROVED AS TO FORM: S. DATED: h 1994 PETTIS, TESItR, KRUSE & KRINSKY DENNIS D. O'NEIL MICHAEL G. YODER REBECCA A. MAUCH B 4.,,-d Z. Y' DATED: Dennis D. O'Neil Attorneys for Plaintiff and Petitioner DIAMOND BAR ASSOCIATES, INC. 03-24-94 16396-00002 F:\D0C\166\94030005.A10 7 March � 1994 RUTAN & TUCKER LEONARD A. HAMPEL ROBERT O. OWEN By: tom` eonard A. Hampel DATED: March 3 4, 1994 Attorney for Defendants and Respondents CITY OF DIAMOND BAR and CITY OF DIAMOND BAR CITY COUNCIL MICHAEL B. MONTGOMERY By: Michael B. Montgomery DATED:1994 CITYCITY ATTORNEY FOR THE CITY OF DIAMOND BAR' .Aft 03-24"94 16396-00002 F:\DOC\166\94030005_A10 8 CITY OF DLkMOND RAIZ AGENDA REPORT AGENDA NO. Z TO: Terrance L. Belanger, City Manager MEETING DATE: April 19, 1994 REPORT DATE: April 9, 1994 FROM: James DeStefano, Community Development Director TITLE: Second Reading of Ordinance No. 1 (1994) adding a new Chapter 15.38 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 April 5, 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 September 16, 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 Matrix, Planning_ Commission 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 X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? majority 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrance L. ger F k Use AesDeStef Dennis A§Vara go City Manager Asst. City Manager Community Building Of cial Director ORDINANCE NO. 1 (1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAXOND BAR, ADDING A NEW CHARTER 15.38 TO THE DIAXOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF TEE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION TOGETHER WITH CERTAIN AXMIDNENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES. A. Recitals. (i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 (S50020, et seq.) of the California Government Code authorizes the adoption, by reference, of the uniform codes. (ii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk of the City of Diamond Bar in accordance with the provisions of California Government Code 550022.6. (iii) A duly noticed public hearing, as required by California Government Code 550022.3, has been conducted and was concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, 1HF-REFORE, 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. 1 seotion ; Chapter 15.38 of the adopted. Diamond Bar Cit . Provided, however Y Code, hereby is that said ado or excuse any violation thereof adoption shall not apply to date of this Ordinance and provided further occurring prior to the effective as adopted by reference and that the uniform codes amended by Ordinance No, 3(1992) of t City of Diamond Bar shall he buildingscontinue to, substandard structures and be applicable to substandard $eCti substandard property. oa 3: A new Chapter 15-38 hereby is added to Y Code Title 15 of the Diamond Bar Cit to read, in words and figures, as follows: $#chapter 15.38 "Building and property Rehabilitatio "flections: n "15.38.010 Building "15.38.020 Adopted and Property Rehabilitation "15.38.030 Section 9902 - Amended "15.38.040 Section 9902(g) _ Adde "15.38.050 Section 990 d "15.38.060 Section 9904((0) ) - Added "15.38,070 Section 9905_Am - Deleted "15.38.080 Section 9906 ended - Deleted Section 9927 - Amended "15.38.010 ld adpo t Reh bi tat on o ted "The Building and Property Rehabilit Title 26 of the a tion Cha Los Angeles Count Ater 99 of ado hereby is Y Building Code, 1988 adopted in its entiretyEdition, Rehabilitation Code as the Building Of the Cit g and Property Y of Diamond Bar, together with the 2 amendments, additions, deletions and exceptions set forth in this Chapter 15.38. "15.38.020 Section 9902 AM ndod "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 15.38 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 15.38 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. "15.38.030 8 at on 990 Added, "Section 9902 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the addition of a new subparagraph (g) to read in words and figures, as follows: "(g) County Engineer defined. Whenever in this Chapter 15.38 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. 3 "15.38.040 Section 9902(h) - Added. "Section 9902 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the addition of a new subparagraph (h) to read in words and figures, as follows: "(h) County defined. Whenever in this Chapter 15.38 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. 1115.38.050 Section 9904(0) - Deleted. "Section 9904(o) of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is deleted in its entirety. 1915.38.060 Section 9905 - Amended. "Section 9905 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the deletion of subparagraph (k) thereof and the addition of a new subparagraph (k) to read in words and figures, as 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. '•15.38.070 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. 4 "15.38.080 Stiction9927 - Amtindtid ,,Section 9927 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended to read in words and figures as follows: "Section 9927. The costs involved in the demolition or other work by the County Engineer, including in addition to other costs the applicable processing costs as set forth in Resolution 91-54 (Fee Schedule) , shall become a special assessment against the property. _- ... nrd i naIICti . It shall be s_ti_c_ tioa 4 Mitis for vio � szwu .a unlawful for any person, f irm, partnership, or corporation to l violate any provision, or to fail to comply with any of the of the Ordinance. Any person, firm, partnership, or requirements, 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) 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 5 such person, f irn►, mmitted, ed or permitted by co continuand shall be deemed Punishable partnership, or corporationi therefore as Provided in this Ordinance* e. p, violation of any of Vi C R e s shall tion 5• adopted hereby or the Codes Of the Ordinance through civil the provisions the City and may be abated by permanent constitute a nuisance or order, preliminary process by means of restraining the abatement injunction or in any other manner provided by law for of such nuisance. b 1 t The City Council hereby declares section 6• $ave sentence or word of paragraph, rovision, section, p declared that, should any p adopted be rendered or the Codes hereby Court or competent this ordinance °r in a final court action the invalid by any pre- -es legislation, reason Of any p or by and words of jurisdiction, paragraphs, sentences, sections, P remain in full remaining provisions, ted shall this Ordinance and the Codes hereby adopted force and effect . This Ordinance shall remain in effect only until sect oi► — 7.Thi is repealed, unless a and as of such date September 16, 1994, such date. later adopted ordinancedeletes or , extends 6 Clerk shall certify to the adoption this Section 8. The City Posted in three ordinance shall cause to be p thisResolution public places within the City Ordinance and Pursuant to of Diamond Bar p 89-6B. day of------" 1994. ADOPTED AND APPROVED this — Mayor BURGESS, City Clerk of the City of Diamond Bar, do hereby I, LYNDA at, a regular at the foregoing ordinance was introduced certify that of Diamond Bar held on the meeting of the City Council of the City and was finally passed at a City of Diamond Bar held the City Council of the regular meeting of Y vote by the following on the, City Clerk of the City Diamond Bar 7 COUNCIL MEMBERS: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: City Clerk of the City Diamond Bar 7 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. (EETING DATE: February 15, 1994 'o: Honorable Mayor and Members of the City Council 'ROM: James DeStefano, Community Development Director Dennis A. Tarango, Building Official OBJECT: Consideration of Ordinance No. 94-XX-ra1?n_Q_Chapter -15.30 Housing Code) of -the -Diamond Bar City Code, as heretofore 'adopted, kidding a Lew Chapter 15.3¢, to the Diamond Bar City Code and 'adopting, by reference, :he Building and Property Rehabilitation Chapter 99 of Title 26 of the Los .ngeles County Building Code, 1988 Edition together with certain amendments, additions, deletions and exceptions. :SSUZ STATEMENT: 'his report requests the City Council to review Chapter 99 of the Los Angeles :ounty Building Code and to approve it, as amended, in order to provide an enhanced set of standards for property maintenance. LECOMMENDATION: :t is recommended that the City Council open the public hearing, receive testimony, and approve the proposed ordinance._ 'INANCIAL SUMMARY: 'his ordinance would have no financial impact on the City's 1993-1994 budget. BACKGROUND: :n the process of adopting the 1991 Uniform Building Codes, the City repealed ill Los Angeles County Codes, along with Chapter 99 (Building and Property rehabilitation). To replace Chapter 99, the City of Diamond Bar Uniform lousing Code was adopted. )wring these past two years, the Department of Community Development has :xperienced various property maintenance type violations (i.e. trash storage risible from the street, trailers stored visible from the street)'. The >lanning Commission is currently reviewing a Property Maintenance Ordinance iesigned to meet the specific needs of the community. The re -adoption of 'hapter 99, as amended, is presented to serve as a strong, enforceable Interim maintenance code. )ISCUSSION: kn analysis has been performed to compare Chapter 99 (Building and Property rehabilitation) with the existing City Housing Code and the most recent draft if the Property Maintenance Ordinance. Attached is a matrix showing the iifferences. between Chapter 99 and the City Housing Code, as -well as the 3raft Property Maintenance Ordinance. In adopting the 1991 Uniform Building Codes, it.was the staff opinionn that most of the items previously dealt with in Chapter 99 of the Los Angeles County Building Code are now included in the City of Diamond Bar Uniform Housing Code (1991 ed.). However, upon further review of the three subsections of Chapter 99 (Definition of Substandard Buildings, Substandard Conditions, and Substandard Property) and comparing them with their counterparts in the Uniform Housing Code it is evident that, whereas the Substandard Buildings and Substandard Conditions sections are repeated almost verbatim in the Housing Code, the Substandard Property subsection of Chapter 99 goes into far greater detail on many violations relating to property maintenance which are detrimental to nearby property or to property values, and unsightly property not in conformance to surrounding neighborhood, or in such deterioration or disrepair as to diminish surrounding property values. 'The Substandard Property subsection also highlights specific violations, such as clotheslines in the front yard, garbage cans visible from the street, and trailers parked in areas visible from the street. The proposed interim ordinance also establishes a maximum time period allowed for garbage cans to be stored in front yards prior to collection, as well as a provision for abatement of abandoned vehicles, which is not contained in the Housing Code, and for which the City currently uses the Vehicle Code, section 22660, for their removal. Re -adoption of Chapter 99 would allow consolidation of property maintenance and abandoned vehicle abatement into one ordinance. The Building Official has consulted with Mr. Bill Woods, the Los Angeles County District Attorney, who would be the prosecutor should a case reach that point; as to the enforceability of the proposed ordinance. He expressed that Chapter 99 is a good piece of legislation, and that he has been very successful in prosecuting Chapter 99 type violations. During the past year, the Planning Commission has been working on a Property Maintenance Ordinance designed to meet the specific needs of the City of Diamond Bar. The Commission has recommended that the Council consider, if appropriate, the re -adoption of Chapter 99 on an interim basis. CONCLUSION: Based upon recent complaints filed with the Code Enforcement Office pertaining to certain properties which are not being maintained in conformity with the neighborhood which may affect surrounding property values, and complaints pertaining to aesthetic issues such as visible trash storage and trailer parking, the re -adoption of Chapter 99, as amended, would serve the needs of property owners in enforcing the maintaining of safe conditions and property values, until the new Property Maintenance Ordinance is completed and adopted. PUBLIC HEARING NMI?ICATION: Public hearing notices for the February 15, 1994, City Council Meeting were published within the San Gabriel Valley Tribune and Inland Valley Daily Bulletin on February 3, 1994 in accordance with State Law. PREPARED BY: Dennis A. Tarango Building Official ggol-9903 1988 EDITION L Chapter 99' A L -� BUILDING AND PROPERTY REHABILITATION L A Scope provisions of this chapter shall apply to all A Sec. 9901. (a) General. The P ctures and substandard Property L substandard buildings, substandard structures (b) Existing Builds°>ia' occupancies in existing buildings may be continued as provided in Section 104 (g) except in such structures as are found to be substand A and as defined in this chapter and ordered vacated or u are found to be unsafe as A L defined in Section 203• A (7) L A Definitions L Sec. 9902. For the Purposes of this chapter, and in addition to the definitions set en of this code, certain terms, phrases and words and A forth in the previous chaps their derivatives shall be defined as set out i° this section. Wads used 1° e L A lural and vice versa. L singular include the P A E� Ji (a) BOARD is the building rehabilitation appeals board as set forth in Section L A L 9906 A L (b) BUILDING is any • here a building found to be substandard due to A L (c) COMPLETION. tion for an unreasonable time, as defined in Sectioe L 0having been under construe Uon hnprovetnent, removal, repair or rehabilita- A 9903 (b), the terms ' dtu+noh L tion," as used in this chapter shall include "Completion-" L (," DEMOLITION. Whenever the word "demolish" or "demolishment.. is . from such L used in this chapter, it shall include the removal of the resulting debauch demoli- L by filling of excavations exposed by be A © demolition and the protacvo° waste disposal facilities as may L tion and aba°donma°t of sewer a other required by this code at other or laws. i chapter concerned" means P (e) PARTY CONCERNED. As used in t of of tb4 preys involved. the person, if any, in real or apparent charge � trust deed or other lienor encum- the record ownM the holder of any mocrg lease of record, the record holder of brance of record, the owner or holder of any or structure or the land upon which any other estate or interest in or to the building it is located. As used in this paragraph sU reference to "record" means matters of t of Registrar -Recorder of the County of Los Angeles record in the D specifically dewnbes the premises involved. which definitely means a device (f) VMCLF.�-DEFINED• As used in this chapter moved` or drawn upon a by which any person or Property may be ProPe WAShway, egg a device moved by human power or used exclusively upon teary ails or tracks. Definition of Substandard Building remises on Sec. 9903. (a) Any building or structure or portion thereof, or the p 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 9903-9904 UNIFORM BUILDING CODE A Section 9904 to an extent that endangers the life, limb, health, property, safety or L welfare of the public or occupants thereof, shall be deemed and hereby is declared A 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 S 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 L 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 Substandard Conditions A Sec. 9904. Substandard building conditions shall include but are not limited to L the following: A (a) Inadequate Sanitation. 1. Lack of hot and cold running water to plumbing fixtures in a hotel or dwelling unit. L 2. Lack of the minimum amounts of natural light and ventilation required by N L this code. 3. Room and space dimensions less than required by this code. 4. Dampness of habitable rooms. S. Violation of any applicable provision of Ordinance No. 7583, an ordinance adopting a Health Code, adopted August 25, 1959, as determined and reported to the building official by the health officer. ` (b) Structural Hazards. 1. Deteriorated or inadequate foundations. 2. Defective, deteriorated or inadequate size flooring and/or floor supports. 3. Defective, deteriorated or inadequate size members of walls, partitions or other vertical supports. 4. Defective, deteriorated or inadequate size ceiling, roof or other horizontal supports. S. Defective, damaged or inadequately constructed fireplace or chimney. (c) Inadequate or Hazardous Wiring. 1. Lack of required electrical lighting or convenience outlets. In existing residential occupancies, every habitable room is required to contain at least two supplied electric convenience outlets or one such convenience outlet and one supplied electric fixture. Every water closet compart- ment, bathroom, laundry room, furnace room and public hallway in such occu- paasiieaare required to contain at least one supplied electric fixture. I All wiring except that which conformed with all applicable laws in effect at t wdm of installation and which has been maintained in good condition and is being used in a safe manner. (d) Inadequate or Faulty Plumbing. 1. Lack of plumbing fixtures required elsewhere in this code. 2. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections. 814.62 N 1988 EDMON 9904-9905 .(e) Inadequate or Faulty Mechanical Equipment. 1. Lack of safe, adequate L heating facilities in a dwelling, apartment house or hotel. L 2. Lack of, or improper operation of, required ventilating equipment. L 3. All mechanical equipment, including vents, except that which conformed L with all applicable laws in effect at the time of installation and which has been A maintained in good and safe condition. i (f) Faulty Weather Protection. 1. Lack of a sound and effective roof covering. A 2. Lack of a sound and effective exterior wall covering. A 3. Broken windows and doors. A 4. Deteriorated or ineffective waterproofing of foundation walls or floor. A (g) Faulty Materials of Construction. Any material of construction except A those which are allowed or approved by this code and which have been adequately A maintained in good and safe condition. L A (h) Hazardous or Insanitary Premises. Those premises on which an accurnu- L lation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat L harborage:, stagnant water combustible materials, and simile materials or con- L ditions which constitute undue fire, health or safety hazards. A L (i) Hazardous Buildings. Any building or portion thereof which is determined A to be an unsafe building as defined in Section 203 of this code. A (j) Inadequate Exits. All buildings or portions thereof not provided with exit A 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 consttvc .00 L and provide adequate safe exits for the building occupants. L (k) Fire Hazard. Any building or portion thereof, device, apparatus, equip- A ment, combustible waste or vegetation which is in such a condition as to cause a L fire or explosion or provide a ready fuel to augment the spread and intensity of fee � or explosion arising from any cause. L p) Inadegttate Fire Protection or Flit-f%bt ft Equipment. All buildings or L portions thereof which are not provided with the fee -resistive oonstrtaction Or A fire -extinguishing system or equipment footed by this code, except those build_ L ings or portions thereof which conform with all applicable laws at the time of their A construction and whose free-msistive integrity and fire-extiaguishing systems L and equipment provide adequate fire safety. A L (m) Improper Occupancy. All buildings or portions thereof occupied or used A for any purpose for which they were not designed or intended to be used. A (a) Abandoned Buildings. All buildings or portions thereof which are aban- draned, open a vandalized or both.,— L (e) UnMiehed Relocated Buildings or Structures. Buildings or structures or A portions thereof as described in Section 6811. L Substandard Property A Sec. 9905. Any one or more of the following conditions shall constitute A substandard property. A (a) Substandard buildings; L A 814.83 - j UNIFORM BUILDING CODE 9906 L (b) Unpainted buildings causing dry rot, warping and termite infestation; (c) Broken windows constituting hazardous conditions and inviting trespasser L and malicious mischief; properties or A(d) overgrown vegetation causing detriment to neighboring L property values. � (e) Dead trees, weeds and debris: A 1. Constituting unsightly appearance, or A2. Dangerous to public safety and welfare, or A3. Detrimental to nearby property or Property values. L (f) Trailer, campers, boats and other mobile equipment stored for unreasona- ble periods in yard areas contiguous to streets or highways and causing deprecia- A tion of nearby property values; (g) Inoperable or abandoned motor vehicles stored for unreasonable periods on A the premises and causing depreciation of nearby property values; A (h) Attractive nuisances dangerous to children in the form of: ' A 1. Abandoned and broken equipment, or A 2. Neglected machinery. A(i) Broken or discarded furniture and household equipment in yard areas for A unreasonable periods; A (j) Clothesline in front yard areas; 1 L (k) Garbage cans stoned in front or side yards and visible frroom public sin full ' L except when placed in places of collection at the times pe ed and Acompliance with Section 1707 of Ordinance No. 3860, entitled "The License L Ordinance,- adopted November 27,1931; tA. (p packing boxes and other debris stored in yards and visible from public streets � LA for unreasonable periods; ' LA (m) Neglect of premises: A 1. To spite neighbors, or L tin of exe ons or special use permits, or A 2. To influence zone changes, granting epa L or property values; A3. To cause detrimental effect upon nearby property P Pe�Y .,� A (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 L nuisance as defined by Civil Code Section 3480; A A(o) property including but ant limited to building exteriors which are main - t �� is such condition as to become so defective, unsightly, or in such condition Lda of Mdoeation or disrepairthat the same causes appreciable diminution of the A pmpw ! values of surrounding Property or is materially detrimental to proximal j A00p@ & and improvements. This includes but is not limited to the keeping or A disp x tg.at or the scattering over the property or premises of any of the follow - in L, Lumber, junk, trash or debris; L2. Abandoned, discarded or unusued objects of equipment such as automo- A 814.64 I= EDITION 9905-9908 biles, furniture, stoves, refrigerators, freezers, cans or containers; n A 3. Stagnant water, or excavations; L 4. Any device, decoration, design, fence, structure, clothesline or vegetation 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- A nance standards of adjacent properties as to cause substantial diminution of the A 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 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 A rendered therein. L (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 A law regulating grading. L i_..ar Building Rehabilitation Appeals Board -=-}�- - ` A Sec. 9906. In order to hear appeals provided form Chapter 98' and in this chapter, there shall be and is hereby created a building rehabili�ittoti appeals boird L consisting of five members who am qualified to pass on matterspertainin9 to L substandard buildings and property. The members of the board shall be appointed L by and hold office at the pleasure of the board of supervisors and may recommend L 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 ex officio nonvoting member and act as secretary. He shall keep a record of all L proceedings and notify all parties concerned of the findings and decisions of the _ board. A - Alternates L 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, shallbb deemed i be L a regular member of the building rehabilitation appeals board. A A L Determination by County Engineer A L Sec. "Oe. Whenever the wunty en'lineer determines by inspection that any A existing building or portion thereof is substandard or any lot or other premises is• A subltaadrd, or both, as defined in this chapter; such building or premises, or A bol, ars hereby declared a public nuisance, and the, county engineer shall order L dr 4boneent of the nuisance by demonlition, repair or rehabilitation of the L i�88tbird building or portion thereof or at the option of the party concerned by L daitt WM=or demolishment thereof. The order also may require that the building L be sealed, if the premises are substandard the county engineer also may order L that the substandard conditions be removed. A 814.65 t • I 9909-9912 UNIFORM BUILDING CODE Informal Notice �• 9909. When the county engineer has so found, in addition to an ti A hereafter required by this chapter. he may give to the occupants of the substanda no d ^' LL ProPertY, and to any other person whom he deems should be so notified. informs. r tion concerning the provisions of this chapter, any violation L Pew notified may comply and any other information as b e deems thereof, how the AA may post such information on the substandard patient. He building. Property or on the substandard L A LL Notice of Substandard Building L �.. Sec. 9910. If, in the opinion Of the county engineer, a building is found to be r substandard as defined in this chapter, A Pt the county engineer shall give to the party L concerned written notice stating the defects thereof. LL 71te notice may require the Owner or person in charge of the building or premises to complete the required repairs, improvements, demolition or removal . LA of the building Or portions thereof within 30 days, or such otter ' county engineer may stipulate. such notice ma a)so time limit as the LPeron thereof to 6e vacated and not Y rc9 the building, or r Provetnents are completed, reoccupied until the required repair$ and L Peen notified to vacua a subs fid,andard and approved by � qty engem A L vacate within the time speci[ied in themebor(Luilding by the county engineer shall er L EXCEPTION: Whenever buildipS or structure L totes m immediate hazard to Gf or pp p.,y, t portion thereof consti. L enabaft the � conditionsare welt that mdriaInin repairs ads a hof the county L in this chapter, he maard inusty a ations ns Won' tW1 �O by Pmeedera set &rdtnemuy m - L be done to the extent a to abate the Rte' ore' - such other work to strtrcttns ar hazard or dsaolistt die building L jiving such s �eot'aa are °ceesavY m P+otect lih or or pcopeay, aboth, > As the L without any notiee whatever rrhea yt hu opinion, rmrnedtoate � permit or wrian is necessary LNotice of sttbswtdaro Property - A Sec. 9112. If, in the opinion of the countyen the' .' substandard properly as defined in this Chapter. >P property is found to be L the party coocented written notice stating eondiuons wide make the proOunry engineer SW perty ve to L substandard f L The notice may require the owner or A person in charge of the premises to remove A widtw 30 days. or other time limit which the county engineer may stipulate, the L COO�s which property to be substandard. If, in order to comply with i AR it is necessary to remove any vehicle or any part thereof, such notice As WM" a description of such vehicle and the correct identification number and "WO number, if available at the site. L A Cotnbinhtg Notkes ' L ` A See. 9911. A notice of substandard property and of a substandard building on Lsuch Property A P Petry may be combined into one notice.. 19U EDMON 9913-9915 Service of Notice Sec. 9913. Proper service of a notice provided for in Sections 9910, 9911 and i 9912 shall be by personal service or by registered' or certified mail upon every party concerted, by posting on the substandard building, if any, and upon the substandard property, if any, a copy of the notice. It shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party as shown on the official record. Wben an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the substandard building, if any, otherwise upon the substandard property, a copy of the notice. The designated period within which the owner or persons in charge is required to comply with such notice shall begin as of the date he receives such notice by 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. Failure of any owner, party concerned or other person to receive such notice shall not affect the validity of any proceedings taken hereunder. Ottw Interested Parties Sec. 9414. If the Notice of Substandard Building or Property requires the repair or demolition of any building and if dye demolition or other work necessary to remove the substandard conditions set forth in such notice is not completed within the time specified in such notice and the county engineer intends to directly _ proceed to demolish the substandard building or portions thereof, or cause such other work to be done to the extent necessary to eliminate the hazard or other substandard conditions which have been found to exist and, by a document recorded in the office of the Deportment of Registrar -Recorder prior to the recordation of the Declaration of Substandard Building or Property, whether such document describes the property or not, it appears that a person other than a party concerned, has soy right, title, lien or interest in the property or any portion thereof, and such person bas not pteviou:ty been notified of the substandard building or property conditions or previously been saved a copy of the Notice of Substandard Building or Property and the address of such person is *sown to the county engmer or can be aacertained by the exercise of due diligence, the county eagimeer shall save a copy of the Notice of Substandard Building or Property on such person as provided in this chaplet Such person may request a herring before the building rehabilitation appeals board. The request must be made in writing to the board within 10 days of the receipt of the copy of the Notice of Substandard Building or property. If a Notice of Substandard Property does not require the repair or demolition of say building no notice need be given to any person other than a party concerned. f Daait;on of Substandard Building or Property _ . Sea. flls. 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 chaptm and that all parties concerned have been or will be so notified. After the county engineer 814.67 A L A L A L A L A L A L A L A L A L A L A L A 9915-9917 UNIFORM BUILDING CODE finds that the public nuisance has been abated and either that such abatement has been accomplished at no cost to the county, or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section 25845 of the Government Code, or when the county engineer's jurisdiction has been pre- empted by government acquisition of the property, he shall record in the Depart. ment of Registrar -Recorder a document terminating the above declaration. Posting of Signs 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, BY ORDER OF THE DEPARTMENT OF PUBLIC WORKS, BUILDING AND SAFETY DIVISION, COUNTY OF LOS ANGELES." Such sign may contain such additional information and warnings as in the opinion of the county engineer are expedient. Such notice or sign shall remain posted until the required repairs, demolition, removal, barricading or property cleanup are completed. Such notice 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 except for the purpose of making the required repairs or of demolishing the substandard building. Right of Haring and Rehearing Sec. 9917. (a) Hearing- Any person having any right, title, lien or interest in the property or any part thereof, or the county engineer, may request a bearing regarding the substandard condition of a building or property after the building or property is posted. A request by any person other than the county engineer shall be made in writing to the building rehabilitation appeals board within 30 days after the building or property is posted. All persaas who desire to be beard may appear before the building rehabilitation appeals board to show that the building or property is or is not substandard or to sbow cause why the building, even if substandard, should not be ordered barricaded. demolished, reppred, rehabili- tated or vacated. (b) Rehearing. A fee of $200.00 shall be paid to the county engineer whenever a person requests a rehearing before the building rehabilitation appeals board to request postponement of county action leading to demolition, removal, barricad- ing, property cleanup or other abatement procedure. At such a rehearing, the board will consider all evidence submitted and after such consideration may find that a postponement is warranted and so order, or may find that further postpone- ment is unwarranted and order any abatement work considered necessary to be perfaattid by a specified date after which date the county engineer shall cause such wort to be performed or completed without further notice. The board may also tied 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 orde4 the county engineer shall reject any request for further rehearings and return any rehearing fees tendered, and any such request shall be considered to have no bearing on the matter and in no way shall they postpone any 814.68 c; C", 19611 EDITION 9917 abatement action ordered by the board as a result of a rehearing granted under this L section. Nothing in this section shall prevent the board itself or the county Eengineer from bringing any matter before the board for rehearing. A L - The county engineer or a person affected may be granted a rehearing without L payment of the prescribed fee, provided the county engineer fust determines and A 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 L board order, or, L 3. Circumstances warrant further review by the board. L The county engineer shall notify every person who has requested a rehearing of L the time and place thereof or the denial thereof as provided in Section 9920 of this A 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. L The county engineer shall notify all persons who either have requested a A rehearing or who have corresponded with thecounty engineer concerning the case L of the action of the building rehabilitation appeals board. A (c) Vehicles 7b Be Removed. The owner of such vehicle or the owner of the A land on which such vehicle is located may tegoest a heating. This request shall be L ( made in writing to the building rehabilitation appeals board within 10 days after L r t the mailing of notice of intention to abou and remove the vehicle. if the owner of the land on which the vehicle is located submits a swan 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 A i 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 A j 7. remove the vehicle. -. L (d) All persons described n Subsection (a) above shall be notified that prig to � abatement of the public nuisance by the county. they are entitled to a hearing before the building rehabilitation appeals board. However, if troy do not request A= ` in writing a beating before the building rehabilitation appeals board within 30 days of notification, or if they fail to appear at such a hearing which they have A l requested, they will be deeahed to have waived their right to a hearing before the L building rehabilitation appeals board. L (e) Ddeptiv of Beard of Supervisors Hearing. Pursuant to Government L Code Section 2SU5, Subsection (f), the board of supervisors has delegated to the A rehabilitation appeals board the hearing, prior to abatement of a public L respired by Subsection (a) of Government Code Section 25845. The A re6abilituion appeals board will heall such hearings, as are requested L Aft lection 9917, and will make written recommendations to the bard of A sopervisors after each bearing. The board of supervisors may adopt the recon- L mendations without further notice of hearing, or may set the matter for a de novo A hearing before the board of supervisors. L A 614.69 9818-9123 UNIFORM BUILDING CODE L Hearing by Building Rehabilitation Appeals Board A L Sec. 9918. The building tehabilitation appeals board shall hold a hearing and L consider all competent evidence offered by any person pertaining to the matters L set forth in the report of the county engineer. L The building rehabilitation appeals board shall make written findings of fact as A to whether ornot the building or property is a substandard building or substandard Lproperty as defined in this chapter. L Hearing Not Requested L 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 A Building or property is not completed within the time specified in such notice, the Lcounty 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 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•hod 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. Form and Contents of Notice Sec. 9921. The notice of hearing shall state: 1. The street address and a legal description sufficient for identification of the premises which is substandard or upon which the building is located. 2. The conditions because of which the county engineer believed that the building or property is substandard. 3. The date, hour and place of the hearing. posting of Notice Sec. 9922. The county engineer shall post one copy of the notice of hearing in a conapicnous place on the substandard building involved, if any, otherwise on the substandard property, not less than 10 days prior to the hearing. Order 111st. 9923. When the building rehabilitation appeals board finds that the builift is a substandard building, it is hereby declared a public nuisance and based upon its fmdings the said board shall order the abatement of this nuisance by barricading, demolition, repair or rehabilitation of the substandard building or portion thereof or at the option of the patty concerned, by the demolition or 814.70 `ar.� 19tta EDITION 9923-9926 demolishment thereof. The order also may'require that the substandard building to be vacated. L 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 I for good cause may extend the time for completion in writing. i Order—Substandard Property i Sec. 9924. When the board finds that any property is substandard property, it is hereby declared a public nuisance and based upon its findings, the said board shall order the abatement of the nuisance by such means as the said booed dams most feasible. if such means include the removal of any vehicle or any part thereof, 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 does such work after the tune specified in the Notice of Substandard Building or Substandard Property if no bearing was requested. otherwise, after the time specified in the last order of the building rehabilitation appeals board, all costs incurred by the county in preparation for the doing of such wont are chargeable to the property and shall be collected as provided in Section 9928 and Section 9929. If such work is completed after the county enguieer or purchasing agent has awarded a contract for such work. the contractor shall receive the sum of $100-00 for his overhead and incidental expanses. unless specifically excluded by con- tract, and such sum of $100.00 plus the amount specified in Section 9927 shall be the costs incurred by the county. N such work is completed before the ceunry engineer or purchasing spo has awarded a contract, the amount specified in Section 9927 shall be die coats incurred by due county. Wbrk by County Sec. 9926. (a) Procedures. If the order of the board requires the repair or demolition of any building, the oder of the board is notcomplied with within the penod'desigaated by the board and the public records show that there is any person who has soy right. title or interest in the property or.any part theeof by virtue of a document duly recorded prior to die recordation of the Declaration of. Substandard Building or Property, whether such document describes such prop- aty or pert thneot. or not, and such person has not been previously notified of the ades. of the bond daring the processing of the can, the county engineer shall saw upon such person as provided in Section 9920 a notice of the action of the which notice also shall contain a statement that the county will demolish the biitig or take such other action as may be necessary to remove the substandard coed ones unless such person, within 10 days, requests, in writing. a hearing. If such pesos requests such a hearing the board shall hold such hearing as provided in this chapter at which hearing the board shall re -determine the'facts and make a 814.71 sOb8829 UNIFORM BUILDING CODE A 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 �L 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 A building or portions thereof, or may cause such other work to be done to the i... =.. r extent necessary to eliminate the hazard and other substandard conditions determined to A exist by the board. If the order of the board does not require the repair or A demolition of any building no notice of such order need be given to any person L other than the party concerned. ` L (b) Emery Procedures. When in the opinion of the county engineer a L substandard structure or portion thereof is an immediate hazard to life and A piny, and the abatement of such hazard requires exception in Section 9910, the county engineer m y then demolish the substand- A L and 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 A engineer, including in addition to other costs the applicable L processing costs as set A forth in Table No. 99-A, shall become a special assessment against the property. L L NOtlflcation of Costs L Sec. 9928. The county engineer shall D g parties concerned and all persons notifiedpursuant oY, in writin ,all , t of such assessment resul from such work. Within days or of the receipt26of the us such LA notice any such party concerned and any other person having any right, title, or A interest in the property or put thereof may file with the county engineer a written LL request for a hearing on the correctness or reasonableness, or both, of such aSStSSmeDt._ r AAny such person who did not receive a notice pursuant to Section 9910 L 9911. Section 9914 or Section 9920, - = - and who has not had a hearing the A necessity of the demolition or other work, in such 8 ask that such necessity be L reviewed. The building rehabilitation aZ?Ws board thyere- L upon shall set the matter for bearing. give such person notice thereof as provided in Section 9914, hold such bearing and such ne the reasonablenessor corrxt. L nese of the assessment, a both, and if requested, the necessity of the demolition' or other work, ding rehabilitation appeals board Shull notify all such L persons of its decision in writing. L N the total assessment determined as provided for in this section is not paid in full within 10 days ager mailing of such notice L by the county engineer, the county A Muer SW place such charge as a special assessment on the tax bill for the ps/srty pursuant to Section 25845 of the government code. L A CMseflon LJ AA See. 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 sane penalties $14.71 aawage Sec. 9930. If a building is demolished or necessary work done by the county pursuant to the provisions of this chapter, de value of any sWvarnsulting from tied to the coat of such wort as follows such demolition or other work may be app �-. 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 tick to such salvage. 2. If the contract does not so provide or if the cgmtydoes ds %wk widsout such a contract, the county may take title to such salvage and credit the reasonable value thereof on the costs incurred by the couaty.10 Soy baring pursuant to this section to determine the reasonable cost of doing the wort. the building mhabtili- tation appeals board also may determine the reasonable value, if any, of such !;' salvage. 1 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 shall �: '.y:� `•''�:`„ _; :'` :'. '• •�% ea sneer troy representative of the Obstruct, �� or iaterfexe with the county g or county engin M or with my person wbo o bolds any iatemt a estate _ • -:,":: z..�,. = ordered ex the county the ball ft tdm Wm wpeal has bean ordered by be barricaded, tePueed, vacated repaired a vaeadae! and beard to removed, or in Say substandard Property whenever the demolished or owner is enugaged is barricading, repairing. vacating and repairial. or demdish- ing any studs substartdard building or removing any substandard comGooas. - pursuant to this chapter. or in the pe rformawe of my necessary act preliminary to Or incidental to such work, Or authorized or directed pursuant bereto. ,. 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 neither he nor any other person requests a hearing) or with any order othe 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. $14.73 Vehicles A Sec. 9934. (a) Adoption by Reference of Section 22661 of Vehicle Code. All _ A of the provisions of this chapter relating to the abatement and removal, as public r1 A nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or parts L A thereof from private property are enacted pursuant to Vehicle Code Section 22661.All of the provisions of Section 22661 of the Vehicle Code h adercu opted by reference as a part of this ordinance. In the case of anyeconfi ct rill between the provisions of this chapter L and the provisions of said Section 2 661, the provisions of said Section 22661 shall prevail. A (b) Notification of Department of Motor Vehicles. Within 5 days after the county or any officer thereof removes, L pursuant to this chapter, any vehicle or any part thereof, the county engineer shall so notify the Department of Motor Vehicles A identifying the vehicle orpart thereof. (c) Notification of Highway Patrol. Not less than 10 days before the hearing provided for in Section 9920 the county engineer shall testify tate California A IL - L (d) Not to Be Reconstructed. A person shall not reconstruct or make operable any vehicle which has been removed by the county pursuant to this chapter. (e) Exceptions. A vehicle or any part thereof shall not be removed pursuant to this chapter if such vehicle or part is: L 1. Completely enclosed within a building in a lawful manner where it is not visible from the street, highway or other public or private property, or 2. Stored or parked in a lawful manner on vote the business of a licensed dismantler, licensed vehicle dealer in connection with junkyard. This L exception does not authorize the maintenance of a public or private nuisance. L (f) Registration of Vehicle. If any vehicle is removed pursuant to this chapter: the county engineer shall forward to the Department A of Motor Vehicles any evidence of registration available, including registration certificates, certificates i A (g) Proof of Nonresponsibilitl. The owner of any land upon which a vehicle which has been removed was located A may appear in person at any hearing provided forin this chapter or present a written statement in time for consideration L it sed ung and deny responsibility for the presence of the vehicle on the land wi&Wttasons for such denial. If it is determined at the hearing that the vehicle waspiaoed on the land without the consent of the land owner and that he has not ?? L against the property upon which the vehicle was located or otherwise attempt to collect such costs from A such owner. L J'- L ' L _ A .�: A L A L A L A L A thereof from private property are enacted pursuant to Vehicle Code Section 22661.All of the provisions of Section 22661 of the Vehicle Code h adercu opted by reference as a part of this ordinance. In the case of anyeconfi ct rill between the provisions of this chapter and the provisions of said Section 2 661, the provisions of said Section 22661 shall prevail. (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 part thereof, the county engineer shall so notify the Department of Motor Vehicles y identifying the vehicle orpart thereof. (c) Notification of Highway Patrol. Not less than 10 days before the hearing provided for in Section 9920 the county engineer shall testify tate California Highway Patrol thereof identifying the vehicle or part to be removed. (d) Not to Be Reconstructed. A person shall not reconstruct or make operable any vehicle which has been removed by the county pursuant to this chapter. (e) Exceptions. A vehicle or any part thereof shall not be removed pursuant to this chapter if such vehicle or part is: ~ 1. Completely enclosed within a building in a lawful manner where it is not visible from the street, highway or other public or private property, or 2. Stored or parked in a lawful manner on vote the business of a licensed dismantler, licensed vehicle dealer in connection with junkyard. This 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: the county engineer shall forward to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (g) Proof of Nonresponsibilitl. The owner of any land upon which a vehicle which has been removed was located may appear in person at any hearing provided forin this chapter or present a written statement in time for consideration it sed ung and deny responsibility for the presence of the vehicle on the land wi&Wttasons for such denial. If it is determined at the hearing that the vehicle waspiaoed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, then the county shall not assess costs of administration or removal of the vehicle ` against the property upon which the vehicle was located or otherwise attempt to collect such costs from such owner. 814.74 I 814.75 1988 EDITION 99-A TABLE NO. 99-A L - REHABILITATION PROCESSING FEES A SMICS i Investigation and g processing ......... A L Preparation of job specifications S 150.00 A .............................. Boatel of Supervisors or city council approval 200.00 A ................... Contract performance inspection 100.00 A .......... Billing .......................... ................... 80.00 L Record special assessment A w ................................... ses Filing of special assessment .... 60.00 . .................... 100.00 A 814.75 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 15.30 (HOUSING CODE) OF THE DIAMOND BAR CITY CODE, AS HERETOFORE ADOPTED, ADDING A NEW CHAPTER 15.30 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, TEE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF THE LOs ANGELES COUNTY BUILDING CODE, 1986 EDITION TOG -1 T$ER WITH CERTAIN A1[ENpI[ENT8, ADDITIONS, DELETION8 AND EXCEPTIONS, INCLUDING FEES AND PENALTIES. A. Roaitals. (i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 ($50020, et seq.) of the California Government Code authorizes the adoption, by reference, of the uniform codes. (ii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk of the City of Diamond Bar in accordance with the provisions of California Government Code $50022.6. (iii) A duly noticed public hearing, as required by California Government Code 550022.3, has been conducted and was concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. 1 B. Ordinincl. 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 . 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: "15.30.010 Building and Property Rehabilitation - Adopted "15.30.020 Section 9902 - Amended 1115.30.030 Section 9902(g) - Added 1115.30.040 Section 9902(h) - Added 1115.30.050 Section 9904(o) - Deleted 1115.30.060 Section 9905 - Amended 1115.30.070 Section 9906 - Deleted 2 1215.30.010 Building and Property Rehabilitation - Adopted "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. "15.30.020 soation 9902 - MOU404. "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 9902(8) - Add*d. "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. "13.30.40 8e2tiOn 9902(h) - Added, "Section 9902 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the addition of a new subparagraph (h) to read in words and figures, as follows: "(h) County defined. Whenever in this Chapter 15.30 the term County is used, said term shall mean, and the powers and duties to be exercised by the County shall be vested in, the City of Diamond Bar. "15.30.030 section 9901(0) - Deleted. "Section 9904(o) of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is deleted in its entirety. 1215.30.060 section 9905 - Aaended "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 "15.30.070 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. Ponaltios 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 theirrequirements 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 5. civil Reaedies 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 G. 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 Or and the Codes hereby adopted shall remain in full force and effect. Section 7. This Ordinance shall remain in effect only until 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 6 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular Of the City Council of the City of Diamond Bar held on the meetsn g and was finally passed at a of the City of Diamond Bar held regular meeting of the City Council by the following vote: on the AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City Diamond Bar 7 BZW G .o Q�0 v W zov T a 13 _JS 9 _ _ o E L� C •� G 7 7 J d V R C _G Y W y 7; u v r oCL ° e H U 0o JS rte= ov C w Q C O 9 .0 U r C > y t CL Yu u3 v.o o �. 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C = �+ =� � v c - v F ^ o = � as 0 v C r. � �' o° r` n°-3 M nz rTTY OF DIAMOND BAR AGENDA NO.� AGENDA KgrvRT City Manager April 12, 1994 Terrence L. Belanger REPORT DATE: TO: April 19► 1994Engineer MEETING DATE: George A. Wentz, Interim City FROM: Mountain Laurel Way at Diamond Bar Boulevard TITLE: striping on Commission Transportation 1994, the Traffic and creates left and through SUMMARY; On February 10► rove a plan that Laurel Way at of Mountain La of red curb reviewed and recommended d appplans to install 100 feet f and lanes on the eastbound and additiond p approaches Drive Diamond Bar B°ulevard. between Silver Rain Laurel on the north side lfwereMountarevWay iewed. Diamond Bar Boulevard 94 -XX City Council approve Resolution of Diamond Bar RECOMMENDATION: That the the City Council of the City Westbound entitled "A Resolution of lanes on the eastbound and establishing left and through Way at Diamond Bar $OLaureldWaYand betweeninstalling a approaches of Mountain oonLthe north side of Mountain 100 feet of red curb ive and Diamond Bar Boulevard Silver Rain Dr ". LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: _ public Hearing Notification on file Bid specification ►S Office) in City Clerk X Other: 02/10/94 T/T Commission Report SUBMITTAL CHECKLIST: agreement been 1, Has the resolution, ordinance or g L., pro City Attorney. ai5 vote? revieweu uY ort require a maDorlw-Y -- 2. Does the reP act been assessed? 3. Has environmentaltbeen reviewed by a Commission? 4. gas the rep Traffic and Trans ortatott' Which Commission? the rep 5, Are other departments affected by affected Report discussed with the following reviewed by the City X Yes _ No Majority Yes X No X Yes _ No Yes X No departments_: N/A REVIEWED By- --7 �yGeorge A. Wentz s er /'" Interim City Engineer elanger Frank M• Manager Ter ence L. Assistant City City Manager CITY COUNCIL REPORT MEETING DATE:AGENDA NO. April 19, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, g City Manager SUBJECTS: Striping on Mountain Laurel Way at Diamond Bar Boulevard ISSUE STATEMENT: Stripe left and through lanes on the eastbound and westbound approaches Mountain Laurel Way at Diamond Bar Boulevard and install 100 feet of re on the north side of Mountain Laurel Way p es of Diamond Bar Boulevard. Y between Silver Rain D d curb rive and RECOMMENDATION: That the City Council adopt Resolution No. the City Council of the Cit the entitled "A resolution of am lanes on the eastbound and westbound oad Bar establishing left and through pproaDiamond Bar Boulevard and installing a 100 feet of red curb on the no rth Of Mountain Laurel Way between Silver Ra Drive and Diamond Bar Boulevard". de FINANCIAL SUMMARY: The proposed recommendation will cost approximately funded by the City's traffic control maintenance fund. $1,000 which will be BACRGROUND/DISCUSSION: The. Traffic and Transportation Commission received re consider the implementation of left and through lanes from Mountain L Way on to Diamond Bar Boulevard. quests from residents to aurel The count data (during the peak hours of 7 lected got Mountain Laurel (d to 8:00 a.m. are the Y at Diamond Bar Boulevard indicates that the l left turns Predominant movement on both approaches and deserve a separate left -- turn lane. Furthermore, the Commission reviewed a included left and through lanes on the eastbound and westbound a conceptual striping plan which Mountain Laurel Way at Diamond Bar Boulevard. In addition, as part striping approaches of P g plan, installation of a 100 feet of red curb on the nothsidetof Mountain Laurel Way between Silver Rain Drive and Diamond Bar Boulev reviewed. and was Two (2) residences, 1649 and 1701 Silver Rain Drive, which ma oten affected by the proposed red curb were contacted y p dally be Transportation Commission meetin prior to the Traffic and from residents of 11701 Silver Rain Drive.. ty was able dents of 1649 Silver secure concurrence As for resid Rain Drive, staff attempted to make contact on two occasions, but h ave had no discussion with them about the this item's proposal. Both residences were notified of presentation for discussion by the Commission and determination by the city Council. PREPARED BY: David G. Liu Tseda Aberra RESOLUTION Np. 94_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D ESTABLISHING LEFT AND THROUGH FOND BAR WESTBOUND APPROACHES OF MOUNTAINLANES ON THE EASTBOUND AND BAR BOULEVARD AND INSOF A100 FRET WP,Y AT DIAMOND THE NORTH SIDE OF INSTALLING RED CURB ON DRIVE AND DIAMOND B EVIIRD WAY BETWEEN SILVER RAIN AR BOULEVARD A. RECITALS. (1) The Traffic and Transportation Commission considered this matter at a public meeting on February 1p, 1994. (ii) At the meeting of February 10, 1994, the Traffic and Transportation commission determined that the establishment of a left and through lanes on the eastbound and westbound approaches of Mountain Laurel Wa Boulevard and y at Diamond Bar installation a 100 feet of red curb on the north side Of Mountain Laurel Way betWeen Silver Rain Drive and Diamond Bar Boulevard are appropriate. The Traffic and Transportation Commission recommends establishment Of said left and through lanes and installation of said red curb. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DI BAR DOER HEREBY FIND AMOND DETERMINE AND RESOLVE AS FOLLOWS: 1• Pursuant to Section 15.20.010 of the Los An e Code, as heretofore g les County adopted, by reference by the City Council, provides for the establishment of a left and through lanes on the eastbound and westbound approaches of Mountain Laure Diamond Bar Boulevard and installation 1 Way at nstallation a 100 feet of red curb on the north side of Mountain Laurel Way between Silver Diamond Bar Rain Drive and Boulevard upon approval of the City Council. The City Council hereby finds that the public health, safety, and welfare will be best protected by establishing left and through lanes on Mountain Laurel Way at Diamond Bar Boulevard and a red curb zone on the north side of Mountain Laurel Way between Silver Rain Drive and Diamond Bar Boulevard. 2. This resolution shall not become effective until the left and through lanes on Mountain Laurel Way at Diamond Bar Boulevard and the red curbing on the north side of Mountain Laurel Way between Silver Rain Drive and Diamond Bar Boulevard have been installed as required in Section 1 of this resolution. 3. The City Council of the City of Diamond Bar hereby authorize and direct the Mayor to cause the left and through lane designation and red curbing to be painted indicating where they are to be required. PASSED, APPROVED 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 passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on day of following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: , 1994 by the ATTEST: City Mm:k, City Of Dsa = d Bar y Cly Co" C�t'us t e AGENDA NO. --------------- CITY OF DIAMOND BAR AGENDA REPORT DATE: February 4, 1994 MEETING DATE: February 10, 1994 TO: Chairman and Members of the Traffic and Transportation Commission VIA: George A. Wentz, Director of Public Works i FROM: David G. Liu, Senior Engineer (ill Tseday Aberra, Administrative Analyst1k SUBJECT: Striping on Mountain Laurel Way at Diamond Bar Boulevard BACKGROUND: On December 16, 1993, the Traffic and Transportation Commission reviewed a proposed striping plan (attached) which designated left -turn lanes on both approaches of Mountain Laurel Way at Diamond Bar Boulevard. As part of the review, the Commission directed staff to conduct traffic counts on Diamond Bar Boulevard at Cold Springs Lane. The result is intended to be used as comparison from which decisions can be drawn in regards to the creation of left -turn lanes on Diamond Bar Boulevard at Mountain Laurel Way. In addition to the review, staff was able to contact the residents on 1701 Silver Rain Drive, whose residence is adjacent to Diamond bar Boulevard, thus, restricted in parking and secure a concurrence with the proposed plan. Staff was unable to contact owners of the residence, addressed, 1649 Silver Rain Drive, which is also adjacent to Diamond Bar Boulevard and is. restricted in parking. DISCUSSION: Based on the possibility that the proposed shared use of the curb lane by right -turn and through traffic on Mountain laurel Way at Diamond Bar Boulevard may cause an unnecessary delay to right -turning motorists when through traffic prevents right -turn -on -red movements, the intersection of Diamond Bar Boulevard at Mountain Laurel Way was further investigated by our traffic consultant, Warren Siecke. Since Cold Springs Lane at Diamond Bar Boulevard has striping similar to the proposed recommendation on Mountain Laurel Way, traffic counts were conducted at the intersection of Diamond Bar Boulevard at Cold Springs Lane and Diamond Bar Boulevard at Mountain Laurel Way (attached). The data from Cold Spring Lane may be of limited value due to the difference in volume characteristics with Mountain Laurel Way. Lge Two _amond Bar Blvd./Mountain Laurel Wy. .bruary 4, 1994 ie total east -west volume is approximately fifty percent greater at )untain Laurel Way. However, the primary difference is the percentage of aft -turn traffic versus the total traffic. At Mountain Laurel Way, the aft -turn volume account for seventy-two percent (72%) of the eastbound =affic and sixty-eight percent (68%) of westbound traffic. At Cold .Drings Lane, the left -turn volume are forty-five percent (45%) of the astbound traffic and twenty-five percent (25%) of the westbound traffic. irthermore, the following fifteen -minute count information (during the Bak hour of 7 to 8:00 AM) for Mountain Laurel Way at Diamond Bar Boulevard rovides insight into the potential for unnecessary delay. LME PERIOD EASTBOUND WESTBOUND Left Thru Right Left Thru Right :00-7:15 AM 24 1 39 57 3 0 :15-7:30 AM 65 5 30 47 20 3 :30-7:45 AM 98 14 14 41 49 6 :45-8:00 AM 103 7 31 20 5 3 TOTAL 290 27 114 165 77 12 he table indicates the following important factors: Left -turns are the predominant movement on both approaches. The left - turn volume exceed the.sum of the through and right -turn volume. On the eastbound approach, the ratio of right -turn to through traffic is 4.2:1. The through volume is less than two per minute, hence the interference with right -turn on red should be minimal. On the eastbound approach,.the right -turn and the through movement peak periods do not occur at the same time. On the westbound approach, the ratio of right -turn to through traffic is 0.16:1, indicating the right -turn movement is minor.. On the westbound approach, the right -turn volume is only six vehicles during the peak through movement period. 'his data indicates the left -turn traffic is deserving of a separate left - .urn lane. It also indicates the shared use of the curb lane should not :ause unnecessary delay given the magnitude of the volume and the peaking :haracteristics of the through and right -turn movements. age Thi iamond Ax. Blvd./Mountain Laurel Wy. abruar, 3991 ECOMMENDATION: t is r -commended that the Traffic and Transportation commission recommend o the ;'ity Council to stripe left and through lanes on the eastbound and estbou.-.- approaches of Mountain Laurel Way at Diamond Bar Boulevard and nstall 100 feet of red curb on the north side of Mountain Laurel Way etween silver Rain Drive and Diamond Bar Boulevard. LD SPRINGS LA TIME PERIOD 7:00-8:00 AM 8:00-9:00 AM 12:OON-1:OOPM 3:00-4:00 PM 4:00-5:00 PM TOTAL IAMOND BAR BOULEVARD ft Thru Right 4 19 33 8 39 39 40 30 15 105 61 30 56 48 19 273 197 136 Wt= TIDO-U.RD Left Thru Right 47 76 61 36 67 51 20 12 35 40 39 63 22 19 64 165 213 274 3 143 112 7:00 - 9:00 AM 72 58 72 40 30 15 20 112 35 62 58 127 12:00 N-1:00 PM 161 109 49 3:00 - 5:00 PM 136 165 213 274 273 197 TOTAL BAR BOULEVARD - AND DIAMOND MOUNTAIN LAUREL .WAY RD WES-1-m TIME PERIOD Left Thru Right Left Thru Right 290 27 114 165 77 12 71 g 6 7:00 - 8:00 AM 178 1 82 60 g 18 8:00 - 9:00 AM 168 8 67 51 14 14 12:00 N -1:00 PM 177 2 35 37 11 9 3:00 - 4:00 PM 158 4 37 4:00 - 5:00 PM 384 120 59 971 42 335 TOTAL 28 196 236 86 18 9 18 7:00 - 9:00 AM 468 168 8 67 60 88 25 23 12:00 N-1:00 PM 335 6 72 3:00 - 5:00 PM 335 384 120 59 971 42 TOTAL MA IL 0AI 6'/O CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. IV; i errence L. Belanger, City Manager MEETING DATE: April 19, 1994 REPORT DATE: April 13, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Sanitary Sewers in "The Country" SUMMARY: This is a continuing report regarding the proposed sewer project. Included is the report on the RFP For Professional Services for further studies; update of application for annexation to Sanitation District 21; and discussion of excess system costs, privatization of O & M and on-site treatment and disposal. RECOMMENDATION: It is recommended that the City Council continue further discussion to May 2, 1994 in order to provide additional information related to questions and concerns raised regarding the sewer assessment district proposal. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) -Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) _ Other: 1. Has the resolution, ordinance or agreement been reviewed N/A 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 Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ REVIEWED BY: Terrence L. anger Frank M. SherGeorge A. Wentz City Manager Assistant City Manager Interim City Engineer CAWP60Ui NLdmy*enda_9leewers.419 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 19, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Sanitary Sewers in "The Country" ISSUE STATEMENT: This agenda item is a continuing report regarding the proposed sanitary sewers in The Country. At it's meeting of April 5, 1994 the City Council received the report of the Interim City Engineer on this matter, heard comment from the public, authorized staff to make application to the Los Angeles County Sanitation Districts for annexation to District No. 21 and requested staff to solicit professional services proposals for further studies of the site and determination of alternative solutions to the groundwater seepage and private sewage disposal(septic tank) problems presently being experienced in the southeasterly portion of the City. RECOMMENDATION: It is recommended that the City Council: 1. a.) direct staff to negotiate a detailed scope of services and related fee with for the performance of additional studies, preparation of reports and recommendations all as requested in the City's Request for Proposal dated April 8, 1994, and; b.) return to Council, for its consideration at its next regular meeting a recommended agreement to provide professional services for the above. FINANCIAL SUMMARY: To fund the above studies and report it will be necessary for the City to appropriate monies from its contingency reserve fund. It is estimated that this study will cost between $ and $ . A final fee for the study will be established during the negotiations. Upon appropriation of the monies the City's contingency reserve fund would be reduced by that amount. This amount will be reimbursed to the fund upon successful formation of the assessment district and disbursement of the proceeds from the sale of municipal bonds. Should the assessment district not be formed this amount will not be reimbursed to the City. BACKGROUND/DISCUSSION: At its's meeting of April 5, 1994 the Council received an update report from the Interim City Engineer on the status of the proposed improvements and the proposed sanitary sewer assessment district now considered for a portion of the City. Additionally the Council heard from the pubic regarding this issue. The major points discussed were causes of the problems, solutions to the problems(sanitary sewers or de -watering), costs of the sewers and aesthetics of the lift stations The Council provided the following direction: 1.) Investigate more comprehensively the detailed causes of the groundwater seepage and the causes and extent of reported septic tank failures. Additionally, after this further investigation and report, identify alternatives for solution of these problems and recommend the best possible solution. By a Request for Proposal(RFP), dated April 8, 1994(copy attached) proposals for these professional services were requested from four qualified firms, including Kleinfelder Associates; Converse Consultants -Inland Empire, Inc.; Duco Engineering, Inc. and Bing Yen & Associates(partner, CWP Geosciences). All firms have indicated that they intend to respond. Proposals are due by April 18, 1994. Due to receipt of these proposals after the preparation of this staff report, a supplemental written and oral report will be included in the staff presentation to Council. This is an objectives based RFP. While it outlines certain minimum required tasks, it more importantly requires the professional consultant to propose his own work program of investigation, analysis, reporting, identification of alternatives, recommendation of best alternative, conceptual design of best alternative and preparation of preliminary estimate of total project cost to implement the best alternative. This as necessary to achieve the objectives identified in the RFP. 2.) Continue the annexation process to Los Angeles County Sanitation District No. 21, for the area within the proposed sewer assessment district, in order to maintain the best possible , 2 schedule for implementation of the one identified solution - construction of sanitary sewers. The application for Annexation to Sanitation District No. 21 has been completed and sent to the Los Angeles County Sanitation Districts for processing. The Sanitation Districts staff has indicated a reluctance to process this application through the Local Agency Formation Commission(LAFCO) as a Sanitation Districts sponsored boundary reorganization(annexation of additional lands to District No. 21 is a political boundary change and subject to the review and approval of LAFCO) since construction of sanitary sewer facilities is not a certainty. City staff is currently discussing, with Sanitation Districts staff, alternative processing procedures. This may include the City making application directly to LAFCO, rather than first to the Sanitation Districts who normally would, in turn, sponsor an application to LAFCO. This procedural alternative, while it may include the necessity to retain the Sanitation Districts as a consultant to assist in preparing applications to LAFCO, should not affect the costs previously allocated or the schedule anticipated for this annexation. Additional details, learned after the date of this report will be provided orally. 3. Investigate the potential cost savings that might be realized with a)the privatization of the sanitary sewer system maintenance and operation, and b)the modification of the project to include "on-site" sewage treatment and disposal. The proposed sanitary sewer system has been designed to meet the sewage demands from the 147 single family residential parcels tributary to the proposed system, to meet the unique topography of the area, to meet the criteria accepted and practiced by the sanitary engineering profession, and to meet the criteria established by the Sewer Maintenance Section of the L.A. County Department of Public Works(the prospective maintenance entity). Additionally the collected discharge from this area is proposed to be conveyed, by existing lines, to the Sanitation Districts, San Jose Creek Water Reclamation Plant in Whittier for treatment. a). Contracting with an organization other than the County of Los Angeles - Consolidated Sewer Maintenance District for operation and maintenance(O & M) of the sewer system is possible. Several companies specialize in providing this service to municipalities and sewer districts. However, it is felt that the majority of cities in Los Angeles County(and unincorporated areas of the 3 County) either contract with the County or provide this service by utilizing City employees, equipment and materials. Continued research is required to accurately estimate operation and maintenance cost savings that might be reasonably expected from private contract operation and maintenance of the proposed sanitary sewer system(2-1/2 miles of gravity mainlines, 5 lift stations, 5 stand-by emergency diesel generators and 2 miles of sewer force mains) compared with a County contract. It is felt that the proposed monthly system maintenance costs of approximately $3,500, estimated by the County, is more than sufficient to maintain the system under private contract. Savings from privatization of O & M are more significant, though, in the reduced capital costs of the system than in the O & M contract costs. The County, before it would agree to any contract for maintenance of a sewer system, requires that the system meet its design criteria. In preparing the plans for this system the design engineer worked closely with the County, in anticipation that the County would maintain this system, to assure the County's approval. Certain aspects of the system were designed in excess of that considered by the design engineer to be necessary, due to specific design criteria established by the County. Excess design requirements involve primarily the lift stations and related facilities(pump and electric motor size, power feed and switch gear size, fixed base emergency power generator etc.), but also include minimum depth of trench(not less than 81) and significant improvements to an existing facility. An exact cost comparison cannot be made without the benefit of a complete alternate design and solicitation of an alternate bid, however it is estimated that the collective extra costs imposed by designing to these excess criteria are $800,000 in capital costs. Additionally, oversizing of pumps and motors is estimated to require approximately $6,300 annually in extra energy costs. The primary advantage of a private contract for O & M is the relief from excessive design criteria imposed by the County. b). A private on-site sewage treatment plant is possible. If an on-site treatment plant were designed and constructed it is estimated that a savings in capital costs can be realized(over the presently proposed design), however increased annual operation and maintenance cost can be expected. n Comparative Cost Analysis (Private Contract Maintenance & Private Treatment) Cost gavinas compared with Present Deslgn: Reduced Capital Cost(lines and lett stations) Deletion of 2 lift stations Deletion of Indian Creek improvements Deletion of Indian Creek force main Added Costs for New Construction Elements Sewage treatment plant irrigation) Effluent disposal(spray Treatment plant site(acquisition costs) Engineering Design Permitting costs(processing & fees) Estimated Net Capital Cost Savings Annual O ration & Maintenance Cost Energy savings(deleted & downsized stations) O & M savings(deleted stations) O & M of sewage treatment plant Estimated Net Annual O & M Cost Increase $800,000 $180,000 $168,000 121--800 $1,245,000 $700,000 $150,000 $50,000 $70,000 $100.000 $1,070,000 its nd Extensive redesign nlis restate and federal sagencies.aTh ired an are required from lenient a treatment and approval process necessary to implement might delay the project as much as 2 1/2 y $175,000 _$7,000 _$12,000 7$ 0 $51,000 approvals The redesign plant Other issues are also necessary to be resolved, including: • identification and approval of an acceptable site for effluent disposal by spray irrigation and ossible • identification, approval and acquisition( P annexation) of site for treatment plant state Regional Water Quality Control Board(approval • required) resistance plantsferation of smaller treatment k, Based on the these that privatization option• rovide for a Modification of the presently proposed project to p I lant, while technically possible, private on-site treatment d 0 does not appear cost effective(when capitalize would seem Mo face ar included) nor timely. difficult and even q And, furthermore, questionable approvals. Before implementing privatization of operation and maintenance of the sanitary sewer system the following would be recommended. • Redesign present proposed sewer system without County design requirements - Re -bid sewer construction project. Prepare operation and maintenance service specifications. Bid operation and maintenance service contract. early preliminary cost estimates it appears of O & M is a viable and cost effective CONCLUSION: One necessary process to implement the sanitary project continues with the City's application for annexation sewer Also, the necessary efforts to County Sanitation District No. 21• dorm further studies and to retain a professional consultant to perform has been reports to identify possible alternative prof initiated. izes the importance of mitigating the problems Staff recogn' the city and the importance of experienced in this are costfeffective solution. implementing PRE ARLD BY: �C 1 -1 Michael D. Myer, P.E for George A. Wentz, P.E. Interim City Engineer April 13, 1994 April 8, 1994 [FOUR QUALIFIED FIRMS] [ADDRESS] Attention: [NAME] Subject: Request for Proposal, Professional Services Dear [NAME], The City of Diamond Bar invites your proposal to conduct an investigation and prepare a report concerning observed groundwater seepage in a limited but undefined area in the southeasterly portion of the City. The area of concern is topographically and geographically varied. Maps showing the general area are included in an earlier report regarding this situation. The extent of the area of concern and interest for the investigations contemplated with this request for proposal may be less than or greater than the limits shown on these maps. The City has previously retained Kleinfelder Associates to prepare an investigation and study(dated April , 1992; copy enclosed). Among other conclusions of this report was the recommendation that a sanitary sewer system be installed in the area. The City conducted further study(Sanitary Sewer Feasibility Study, Dwight French & Associates, dated September 9. 1992; copy enclosed) to determine the feasibility of such a system. Additionally the City has received from the Los Angeles County Department of Health Services a letter(dated March 9, 1993; copy enclosed) detailing their investigation and identifying the need for sanitary sewers. Page 2 Request for Proposals April 8, 1994 to design a gravity and has proceeded Based on this information, the City approximately 12,000 lineal force main sanitary sewer system to include a 5Psewage lift stations and feet of 8" VCP, 147 service laterals(4" VCP) , 11,000 lineal feet of 4" and 8" DIP. This system would enable those 147 residences in the area to disconnect from private sewageP sY stems(septic tanks) and connect to a sanitary sewerountteSa designed to collect and convey domestic sewage to Los Angeles Y District facilities for treatment. Concerns have been raised whether construction of a sanitary sewer C groundwater concerns. And system will mitigate all or a portion of the more importantly, whether such a system should be constructed at this time. It has also been determined that alternate seepageions and heat h be issues investigated to assure that the observed She implementation of a are addressed. Consideration is being given to Groundwater Management System to safely and effectively control the groundwater problems observed. and This request for proposal is for the necessary investigations, dese portablesand recommendations to enable the tobject ves.e the m economical project to achieve these a minimum: The following key tasks are recommended, as of the water problems investigate the underlying including also the possibility of failed sub -drains, storm drain systems, potable water systems, irrigation systems, sewers, etc. discuss the area geology and source water origin an movement patterns contributing to the symptoms observed, understand the water quality characteristics of the groundwater and the observed seepage, identify feasible alternatives and basis for ouctedstoem mitigate recommend systems that should b Page 3 Request for Proposals April 8, 1994 groundwater and health and safety concerns including conceptual designs for the recommended systems, gnand and estimate preliminary total project cost implement such systems. Additionally this report should: I Processes for • identify the necessary permits and permitting implementing a groundwater extraction of dhdischarge ed system, identify the benefits and disadvantage systems, and groundwater extraction and • contrast the life cycle cost of a g osed gravity and discharge system with the currently proposed force main sanitary sewer system and other alternatives_ The detailed work program to achieve the City's objectives ho ouand dollar delineated in your proposal as well as y estimated our d ets. Your proposal should include a project organizational chart bug team assignments, the including personnel or sub-consultants nclud ng any sub -consultants, a timeline resume of key team personnel in milestone events for completion of the investigation your fi andreport b or including and any other material you desire to submit relative y consultants or personnel to be assigned to the project. selects professional services on the basis of thele nu f hei ations proposal The City se as of the firm and the individuals identified, to the servicese required for and by personal interview, all in re satisfactory completion of the project. proosal for professional services and This is an invitation to submit a p p he Cit reserves the right to not award a contract for thests services associated t y this invitation contemplated herein. In accepting the proposer. with preparing a proposal are to be borne by Page 4 Request for Proposals April 8, 1994 Your proposal is due to the attention of Mike Myers in the City Engineer's You p p no later than 2:00 P.M. Monday, Office(21660 Copley Drive, Suite 190) April 18 1994. If you have any questions regarding this 6 567 or other 1. aspects of the project please call Mike Myers at (909 Sincerely, George A. Wentz Director of Public Works Attachments INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Councilwoman Eileen Ansari RE.: Council Sub -Committee For Library Services DATE: April 19,1994 ISSUE: _ ittee of the Shall the City Council establishisonuand related matters? Council for library serve RECOVMFNDATION: Services It is recommended that the Mayor appoint a Library sub -committee of the City Council, comprised of two members of the Council. DISCUSSION: services of Diamond Bar is provided library The The community Angeles Library District. as through the County of Los ifi legislation which has District has suffered significant in revenue, a consequence of State thereby shifted property taxes, from County revenues, Services. adversely affecting the full funding of library short-term March through June The City recently provided ort to the Library District to add two days of funding supe to the three days of County funded with ate library services,eed to serviceuni s. There continues to be alibrary userand the County, the Library District, regarding groups, other cities and the State legislature future provision of library services. A Council Library ittee is an effective mechanism to accomplish such sub -comm objectives. AGENDA ITEM NO. 8.8 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 8.9 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 19, 1994 REPORT DATE: April 13, 1994 FROM: David G. Liu, Senior Engineer TITLE: Intersection Modification on Grand Avenue at Diamond Bar Boulevard and of Golden Springs Drive SUMMARY: On October 6, 1992, the City Council awarded a design services contract to Dwight French and Associates, Inc. (DFA) for the reconstruction/rehabilitation of Grand Avenue from the easterly City limit to Golden Springs Drive in the amount of $45,700.00. On December 7, 1993, the City of Diamond Bar executed a Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (MTA) for the approved funding of our Grand Avenue Traffic Signal Synchronization/Arterial Improvements Project. Since the arterial improvements/intersection modification should be constructed as part of the Grand Avenue Rehabilitation Project, it has become necessary for DFA to design/co-ordinate this effort. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract amendment with Dwight French and Associate, Inc. to increase the contract amount from $45,700.00 to $61,000.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinances(s) X Other: (ATTACHMENTS 1-5) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Traffic & Transportation 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: RE WED BY: 04 Terrence L. Belanger rank . Usher David �GLiu�� City Manager Assistant City Manager Senior Engineer c:1wp60Uindataykagmda-9\gtndave.419 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 19, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Intersection Modification on Grand Avenue at Diamond Bar Boulevard- and oulevardand at Golden Springs Drive ISSUE STATEMENT To increase the contract amount from $45,700 to $61,000. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract amendment with Dwight French and Associates, Inc. to increase the contract amount from $45,700 to $61,000. FINANCIAL SUN04ARY: In accordance with the Memorandum of Understanding executed between Los Angeles County Metropolitan Transportation Authority and the City of Diamond Bar (ATTACHMENT #1) for the Grand Avenue Traffic Signal Synchronization/Arterial Improvements Project, the increased amount of $15,300.00 will be funded by Proposition C Fund (67.5% share) and our Local Gas Tax Funds (32.5% share) . BACKGROUND/DISCUSSION: On October 6, 1992, the City Council awarded a design services contract to Dwight French and Associates (DFA) for the reconstruction/rehabilitation of Grand Avenue from the easterly City Limit to Golden Springs Drive in the amount of $45,700.00. The Los Angeles County Metropolitan Transportation Authority (MTA) is responsible for administering a number of different federal, state, and locally enacted transportation programs to improve mobility, reduce congestion, and to assist in the improvement of air quality. On January 29, 1993, the MTA issued a Multi -Year Call For Projects. The City of Diamond Bar submitted the Grand Avenue Traffic Signal Synchronization/Arterial Improvements Project and was successful in obtaining the funding for this project. The work includes traffic data collection, generation/implementation of timing plans, development of plans, specifications, and estimate (PS & E) for the synchronization of nine (9) traffic signals INTERSECTION MODIFICATION ODIFICAOO NDNAT GRAND EN SPRINGS DRIVE AVENUE AT DIAMOND BAR BOULEVARD APRIL 19, 1994 PAGE 2 along Grand Avenue (from State Route 57 tot easterlyCity d Grand)and intersection Avenue/G den Springs modifications of Grand Avenue/Diamond Bar Drive. request assistance from the Los Angeles To maximize available resources, staff was able to County Department of Public Works to provide the synchronizationn mogdnification it has tY With respect to the design for City (Attachment #2) • of the Grand Avenue become necessary to request DFA to co-ordinate said effort as part Rehabilitation Project. ssociates has submitted a proposal for the intersection modification Dwight French and A (ATTACHMENT #3) as requested by the City. _j= traff1c circulation and The objectives of the intersection modification will be As ti presented to the Traffic and to improve the level of service at these two 10 ter Transportation Commission on February 14°the following will be the key options to be considered: 1. ON GRAND AVENUE AT DIAMOND BAR BOULEVARD (ATTACHMENT #4) • Easterly Approach of Grand Avenue: (a) Relocate the curb and gutter approximately 2' back (current parkway width is 89) for approximately 550' on either the northerly side or both sides of Grand Avenue. This modification ouncould tr either provide a third through lane or a right -turn lane for Relocate the existing median further south to improve the traffic flow (b) provide rester storage capacity (by and modify said median top g approximately 250') for left-turn/southbound traffic. (c) Continue to permit left -turn movement into the shopping center (Vineyard). • Westerly Approach of Grand Avenue: ' for (a) Relocate the curb and gutter 2theaso der y side ont ray width is both Sides of Grand approximately 300 on either Avenue. This modification could either provide a third through lane or Y-LrT nn 01-r-Mni.T -L Fr%"T1QTr A 9r FnN (1N r.R A NIS A VF.NT TF- AT INTERSECTION MODIFICATION ON GRAND AVENUE AT DIAMOND BAR BOULEVARD AND AT GOLDEN SPRINGS DRIVE APRIL 19, 1994 PAGE 3 a right -turn lane for the southbound traffic. (b) Relocate the existing median further north to improve the traffic flow. Preliminary Engineer's Estimate: $193,000 - $291,000 II. ON GRAND AVENUE AT GOLDEN SPRINGS DRIVE (ATTACHMENT #5) • Easterly Approach of Grand Avenue: (a) Lengthen and accommodate dual left -turn pockets for southbound traffic. This would result in the removal/relocation of two mature trees currently in the median island. • Westerly Approach of Grand Avenue (a) Relocate/modify existing median to create a dual left -turn pocket for the northbound traffic. • Southerly Approach of Golden Springs Drive: (a) Relocate existing easterly curbs and gutter approximately 12' for approximately 400' to accommodate the left -turn movements from Grand Avenue and to accommodate the right -turn lane. Preliminary Engineer's Estimate: $175,000 Upon completion of the intersection modification design, the plans will be incorporated as Part of the Grand Avenue Rehabilitation Project to be approved by the City Council. Prepared By: David G Liu C:\WP60\LINDAKAY\CCR-94\GRNDAVE.419 `-/,�f/c��iy '7 MOU # 217-246-2-93-94 PROPOSITION C TRANSIT RELATED STREET/STATE HIGHWAY IMPROVEMENTS (PROP. C 25%) MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into by and between the Los Angeles County Metropolitan Transportation Authority ("MTA") and the Citv of Diamond Bar ("Grantee"). WHEREAS, as part of the FY 1993-94 Multi -Year Call for Projects, the MTA, at its June, 30, 1993 meeting, authorized a grant to Grantee, subject to the terms and conditions contained in this MOU. NOW, THEREFORE, the parties hereby agree as follows: The terms and conditions of this MOU consist of the following and each is incorporated by reference herein as if fully set forth herein: 1. Part I - Specific Terms of the MOU 2. Part II - General Terms of the MOU 3. Attachment A - the Project Budget 4. Attachment B - the Cash Flow Plan S. Attachment C - the Scope of Work 6. Attachment D - Special Grant Conditions 7. Any other attachments or documents referenced in the above documents In the event of a conflict, the Specific Terms of the MOU shall prevail over the General Terms of the MOU. MTA FY 1993-94 . 14ulti-Year 9939414ulti-Year call Understanding for Projects - Memorandum of have caused this MOU to be executed by their duly IN WITNESS WHEREOF, the parties ates indicated below: authorized representatives as of the d MTA: LOS ANGELES COUNTY AUTHORITY By. P,NKLIN E. RITE Chief Executive Officer APPROVED AS TO FORM: Dewitt W. Clinton County Counsel METROPOLITAN By: Date pt GRANTEE: Y G. MILLER Mayor /�/7 APPROVED AS TO FOR/ By: Date ANDREW V. ARC NSKI City Attorney F, TRANSPORTATION Date MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) PART I SPECIFIC TERMS OF THE MOU he Project (the "Project"): Grand Avenue Traffic Si nal Synchronization/ 1. Title oft � Arterial ITments Proiect. ll e a 2. To the extent the Funds (the "Funds") are of:b1T o Hunde, MTA red Ei htyThousand one time grant of the Funds in the amfunds to Dollars ($280,000). MTA Board action of June 30, cal Year (FY) 1993programmed Hever, Funds Grantee for the Project for one year, Fisto are approved for FY 1993-94 only. MTA B Bard action ° o holse Funds be ,being allocated approve Funds for each subsequent Fiscal Y to Grantee. 3. This one time grant shall be disbursed in accordance month that costs are incurred as lan, over a thirteen (13) month period, beginning in the specified in the Plan, as defined herein, for f this MOU)ach Fiscal . Year shall withhold, as approved (as specified in Part I, Section 2 0and retainage, ten percent (10%) of the total grants am II Section 4.3ount until Tof this l MOU) approval of annual audit results (as specified in p royal o. MTA shall release retainage to Gr ments of Funds shee, on an annualall abe, considered an estimate upon MTA a annual audit results. All disburse subject to adjustment based on Quarterly Cost on reports (as specified in Part 1I, Section 4.1 of this MOU) and MTA audit result 4. Reports and Certifications to be submitted to MTA by Grantee (check below): Transit Performance Measurement Report Financial Capacity Certification demonstrating current and future financial capacity to sustain all new operating costs Certification of Coordination with other affected Transit Operators to avoid potential service duplication Compliance with FTA Section 15 reporting requirements X Annual Project evaluation and financial review report (due: June 301994 ) X Quarterly narrative update on Project progress Other: 3 MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) 5. Project Budget (the Project Budget") for the sources of funds programmed for the Project is attached to this MOU as Attachment A. 6. Cash Flow Plan (the "Plan") for the Project is attached to this MOU as Attachment B. 7. Scope of Work (the "Scope of Work") for the Project is attached to this MOU as Attachment C. 8. Special Grant Conditions for the Project, if any, are attached to this MOU as Attachment D. 9. No material changes, as determined by the MTA at its sole discretion, to the Project Budget, the Plan, or the Scope of Work shall be funded or allowed without the prior written consent of the MTA Chief Executive Officer or his designee. 10. MTA's Address: Los Angeles County Metropolitan Transportation Authority 818 West Seventh Streets Suite 300 Los Angeles, CA. 90017 Attention: Mr. Benkin Jong, San Gabriel Valley Area Team 11. Grantee's Address: City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765 Attention: Mr. David Liu Public Works 4 MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOL) PART 11 GENERAL TERMS OF THE MOU 1. TERM. The term of this MOU shall commence on June 30, 1993 and, subject to Part H, Section 7, shall terminate upon Project Completion. For purposes of this MOU, Project rk has Completion is defined as the time atments have been sahich the agreed tisfied, andn Scope the final disb� emenPof the all MTA audit and reporting require Funds has been made to the Grantee. 2. INVOICE BY GRANTEE- Unless otherwise stated in this MOU, the Quarterly Cost Certification reports and the annual Project Status report, as described in Part H, Sections 4.1 and 4.2 of this MOU, shall satisfy MTA invoicing requirements. 3. USE OF FUNDS. 3.1 The Grantee shall utilize the Funds in accordance with the most recently adopted MTA Proposition C Guidelines (the "Guidelines") and as specified in the Scope of Work. 3.2 Attachment C shall constitute the agreed upon Scope of Work between MTA and the Grantee for the Project. The Funds, as granted under this MOU, can only be used towards the completion of this Scope of Work. 3.3 Grantee shall not use the Funds to substitute for any other funds or projects not specified in this MOU. 4. REPORTING AND AUDIT RE /PAi'1VIENT AD TMFs1T . 4.1 Grantee shall submit Quarterly Cost Certification reports on the last day of the months of October, January, April, and July. Should Grantee fail to submit such reports within 10 days of the due date, MTA may Cost Certifid, at its sole cation reports to Funds,disbursementhe Funds �on Grantee. MTA will reconcile Quarterly a quarterly basis. All disbursements shall be considered an estimate subject to adjustment based on this reconciliation. Future disbursement of Funds may be reduced and/or delayed if actual Project costs, as provided in the Quarterly Cost Certification reports, are significantly less than Fund disbursements. 4.2 Grantee shall submit an annual Project Status report one month after the end of each funded Fiscal Year. Should Grantee fail to submit such report within 10 days of the date, MTA may withhold, at its sole discretion, the Funds from Grantee. MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOLT) 4.3 MTA, and/or its designee, shall have the right to conduct a financial and compliance audit(s) of the Project. Grantee agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with generally accepted accounting principles. The Grantee shall reimburse MTA for any expenditures not in compliance with the Scope of Work and/or not in compliance with other terms and conditions as defined by this MOU and the Guidelines. 5. ONE TEWE GRANT. This is a one time only grant subject to the terms and conditions agreed to herein and in the Guidelines. This grant does not imply nor obligate any future funding commitment on the part of MTA. 6. SOURCES AND DISPOSITION OF FUNDS. 6.1 Grantee shall be responsible for any and all cost overruns for the Project. 6.2 Grantee shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this MOU subject to the terms and conditions contained herein and in the Guidelines. Any underpins to the Project Budget shall be apportioned between MTA and the Grantee in the same proportion as the Sources of Funds from each party to this MOU as specified in Attachment A to this MOU. 6.3 Grantee, within 60 days of completion of the Project described in the Scope of Work, shall return to MTA any unused disbursements of the Funds previously transferred to the Grantee provided that, to the extent such unused funds represent underpins to the Project Budget, such funds shall be apportioned between MTA and Grantee in the manner specified in Part II, Section 6.2 of this MOU. 7. PROTECT RECERTIFICATION / LAPSING OF FUNDS 7.1 This MOU must be executed between MTA and Grantee within the first six (6) months of the first Fiscal Year in which Funds are programmed for the Project. 7.2 Grantee must demonstrate timely use of Funds through the submittal of Quarterly Cost Certification reports as described in Part II, Section 4.1 of this MOU. 7.3 Projects for which the timely use of Funds is not demonstrated by the execution of this MOU by December 31, 1993, and through the Quarterly Cost Certification reports, will be reevaluated, by MTA as part of its annual Call for Projects Recertification process, for reprogramming to subsequent Fiscal Years. 2 MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) 7.4 MTA Board action will be taken on the Call for Projects Recertification prior to July 1 of each Fiscal Year. 7.5 Grantee shall expend the FY 1993-94 Funds granted under this MOU by June 30, 1996, three (3) years from the date of approval, unless otherwise stated in this MOU. At the end of the three (3) year period, Grantee shall return any funds not expended to MTA by July 31, 1996. 8. DEFAULT. A Default under this MOU is defined as any one or more of the following: (i) Grantee fails to comply with the terms and conditions contained herein or in the Guidelines; or (ii) Grantee makes a material change, as determined by MTA at its sole discretion, to the Plan, the Scope of Work, or the Project Budget without MTA's prior written consent or approval as provided herein. 9.1 In the event of a Default by Grantee, MTA shall provide written notice of such Default to Grantee with a 30 -day period to cure the Default. In the event Grantee fails to cure the Default, or commit to cure the Default and commence the same within such 30 day period to the satisfaction of MTA, MTA shall have the following remedies: (i) MTA may terminate this MOU; (ii) MTA may make no further disbursements of Funds to the Grantee; and/or (iii) MTA may recover from Grantee any Funds disbursed to Grantee prior to and after the Default. 9.2 Effective upon receipt of written notice of termination from MTA, Grantee shall not undertake any new work or obligation with respect to this MOU unless so directed by MTA in writing. 9.3 The remedies described herein are non-exclusive. MTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 10. OTHER TERMS AND CONDITIONS 10.1 This MOU, along with the Guidelines, constitutes the entire understanding between the parties, with respect to the subject matter herein. The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties. Adoption of revisions or supplements to the Guidelines by MTA shall cause such revisions or supplements to become incorporated automatically into this MOU as though fully set forth herein. 7 MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) 10.2 In the event that there is any legal proceeding between the parties to enforce or interpret this MOU, or the Guidelines, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorneys' fees. 10.3 Grantee shall retain all original records and documents related to the work herein for a period of three (3) years after Project Completion. 10.4 Neither MTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Grantee under or in connection with any work, authority, or jurisdiction delegated to Grantee under this MOU or the Guidelines. It is also understood and agreed that Grantee shall fully indemnify and hold MTA harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by Grantee under or in connection with any work, authority, or jurisdiction delegated to Grantee under this MOU or the Guidelines. 10.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOU or the Guidelines. 10.6 Grantee shall comply with and insure that work performed under this MOU is done in compliance with all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements and the applicable requirements and regulations of the MTA. Grantee acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations and MTA requirements including any amendments thereto. The terms of such federal, state, or local laws and regulations and MTA requirements are applicable to this MOU to the maximum extent feasible, unless otherwise provided for in writing by the MTA. 10.7 Grantee agrees that the requirements of this MOU and the Guidelines shall be included, as applicable, in every subcontract entered into by Grantee or its contractors relating to work performed under this MOU. 10.8 Grantee shall not assign this MOU, or any part thereof, without written consent and prior approval of the MTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable. D: M'I'A FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOM 10.9 This MOU shall be governed by California law. If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 10.10 The covenants and agreements of this MOU shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. 10.11 Grantee agrees that all literature, advertisements, brochures, video, radio, and public service announcements, construction site signs, antdall other ron of the MTAs relating contribution to e Project and/or distributed to the public will contain display the METRO logo on its buses, well as the approved METRO logo. Grantee agrees to d shuttle buses, vans, and taxis utilized for seryices provided uner the Project. ee with is a copyrighted symbol which shall be reproduced and displayed graphic guidelines available from the MTA Graphics Department at the address in Part I, Section 10 of this MOU. Grantee agrees to follow directions of the MTA Marketing Department to comply with this Section of the MOU. 10.12 Grantee agrees to seek State / Local Transportation Partnership Program funds (SLTPP) from the State of California for the prothj�Grantee and MTA in SLTpp funds ithe�manner by the Grantee for the Project shall be apportioned between specified in Part H, Section 6.2 of this MOU. 10.13 Notice will beg to given the parties at the address specified in Part I, of than a of address. Sections 10 and 11 unless otherwise notified in writing g 00 \ O U'1LL O O {— W LQ N O o O 0 cc M p 0 5 co O O O � J � O 00 p O O O a C7 O M `- O p N H co rn I rn rn T I- U I W ) 1rn '3 OCC CL O U) 1— o o 00 0 r Z Ln o co v� 2 (6 00 ori is c > rn O rn C\j T cr- EA CICL G C J a O 00 O O 16 (r O 0 Ln Q> T C ~ T co It C m O r O O E a N pZ O U U- _ m LL. U 00 z CL W U) c o lz Z Z E > w UO N o o 0 0 N m =S L L N U U U U O U X In F— Q pW 5 U Qp � LL m c c c c o 0 0 o a N ca uU_I Z p W U- O +' = o O o o 0 COc m Q W D 0 0 0 o V N U O J = U � z s n` a °' J -1 a o CC 0 a Q (L C) W FY 1993-94 Multi—Year Call For Projects Memorandum Of Understanding (MOU) ^ ATTACHMENT B ^ PROPOSITION C PROJECT CASH FLOW PLAN AGENCY NAME: City of Diamond Bar PROJECT NAME: Grand Ave. Traff Signal Synchronization/Arterial Improvements Project FUNDING SOURCES: $280,000.00 PROPOSITION C $135,000.00 OTHER LOCAL FUNDS (incl. ISTEA, etc.) $415,000.00 TOTAL FUNDING PROJECTED MONTHLY PROPOSITION C CASH FLOW REQUIREMENTS: FY 93-94 FY 94-95 Month: Month: $13,500.00 $ July 1994 $27,950.00 August $30,000.00 September October $45,000.00 November $20,000.00 December $20,000.00 January 1995 $22,400.00 January 1994 $20,150.00 February $26,000.00 March $20,000.00 Ap ril $15,000.00 May $10,000.00 June $10,000-00 $178,850.00 Fiscal Year Total $ 101,150.00 (2) (1) CASH FLOW REQUIREMENTS FOR FIRST TWO FISCALYEARS (1)+(2) 00.00 $280,0$0.00 CASH FLOW REQUIREMENTS PROGRAMMED FOR FUTURE YEARS (3) TOTAL PROPOSITION C GRANT AMOUNT (1)+(2)+(3) $280,000.00 Note: r Although the MTA Board action of June 30, 1993 may have programmed funds on a multi—yea basis, funds are approved for the FY 1993-94 only. MTA Board action will be required annually approve funds for each subsequent fiscal year prior to those funds being allocated to the grantee. ATTACHMENT C PROPOSITION C 25% FUNDS MOU LOCAL TRANSPORTATION SYSTEMS MANAGEMENT CATEGORY SECTION I: SCOPE OF WORK PROJECT DESCRIPTION This regional arterial, Grand Avenue, connecting Los Angeles County and San Bernardino Countyis to be synchronized using radio corrected time based technology (WWV) at nine 9 intersections. Work will include intersection modifications:detector csignal replacement, channelization modifications y iPeing to create dual left -tum equipment rand den Springs Road. lanes on Grand Ave/Diamond Bar Boulevard ands Geach direction on Grand Avenue Restriping to create a three (3) thru/right turn lanes in generation and through the project limits. Other work m include: trafficata and collection (PS & implementation of timing plans, development of Plans, Specifications E for the WWV work and the intersection modifications, and construction engineering. PROJECT LOCATION The attached map (Exhibit 1) delineates the project limits (approximately two miles} along Grand Avenue from State Route 57 to the East City im PROJECT BUDGET Source of Funds: $280,000 Proposition C 25110 Local Gas Tax Subvention Funds $4� 500 0 Total Use of Funds: $ 33,000 Engineering Design (PS & E) ,000 Construction $ $315 15, 00 Construction Engineering _ Traffic Data and Timing Plans 0 Total $4 PROJECT OBJECTIVES The project objectives are to optimize traffic circulation, overall effect of reducing fuel usage intersections, and reduce travel time delays, with and vehicle air pollutant emissions along the corridor. PROJECT MLESTONES STANDARDS AND PRACTICES aeles it will ensure the Project is designed in accordance with applicable City, Los Ana The C y County Department of Public Works and Caltrans Standards. SPECIAL CONDITIONS None reqiured by MTA. SECTION II; LINE ITEM BUDGET January 1994 Begin Project Design January 1994 Begin Traffic Studies royal PS & E App May 1994 City Council June 1994 Bid Opening June 1994 Contract Award June 1994 "Before" Studies July 1994 Begin Construction October 1994 Complete Construction November 1994 Implement Timing Plans December 1994 Complete Traffic Studies February 1995 "After" Studies STANDARDS AND PRACTICES aeles it will ensure the Project is designed in accordance with applicable City, Los Ana The C y County Department of Public Works and Caltrans Standards. SPECIAL CONDITIONS None reqiured by MTA. SECTION II; LINE ITEM BUDGET SECTION III: SCHEDULE OF DELIVERABLES Locations and Types of Improvements (Exhibit 2)May 1994 PS & E November 1994 Timing Plans March 1995 Traffic Studies Report April 1995 Field Review $ 33,000 Design Traffic Studies & Timing Plan Devel. ,000 15 15,000 Construction Engineering 30,000 Synchronization Equipment Grand/Golden Springs Construction 95,000 190.000 Grand/Diamond Ba Construction $415,000 Total SECTION III: SCHEDULE OF DELIVERABLES Locations and Types of Improvements (Exhibit 2)May 1994 PS & E November 1994 Timing Plans March 1995 Traffic Studies Report April 1995 Field Review ATTACHMENT C EXHIBIT 1 Z X XX D W 0 C 0~w U) = Z Z ��g xxXXXXXXX > �`� ° cc w 0 ~ X J X W mQ CD a �w� ~ OZz w z i— — :2 O W F- z w aZ azz g0 ::)w� x X cr- C3 U-= Q OC) U ti o U)} ag- � J W O LO U) Ir UU ZO F - oz Nw ccg W ZLL ov XXxxxXxxx Cf) F= o 0.5Do V mQz V- -RE XOm C) p Q W J U) cn J O z w J Q OU Zco Z aLl 0<a - w Q 3:(!) Lu L >~OzOF- 0� �F-J _ X0-1 0 ca w�Q z�=0¢000 z�cr- ��cnc�o�coc�z January 19, `i'ripF #i^�AMIN'M ti.., OF SUPER ISORS )LINTY OF LOS ANGELES 97 1NE7H HAHN HALL OF ADMINISTRATION I LOS ANGELES. CALIFORNIA 9oo12 2 Telephone (213) 974-4444 /FAX (213) 626•6941 Ln DEANE DANA SUPERVISOR, FOURTH DISTRICT b •- La Honorable y 4erner City Diamond Bar Mayor, suite 100 21660 East C .)l.ey Drive, Diamond Bar, alifornia 91765-4177 Dear Gary: - ' 00 �_ G Z5 M GRAND AVENUi TRAFFIC SIGNAL SYNCHRONIZATION PROJECT rks lnformed me of the letter The County Director of Public Terrance Belanger, indicating your from your City Manager, obtaining a grant from the Los Angeles County City's success in to synchronize the Transportation Authority that the Metropolitan TranspI have traffic signals along Grand Avenue and proposing County provide design service Directorat no s and concurt to the lthat it is discussed the project with of general County interest. added to the County's As you know, Grand Avenue was recently Five- Traffic Signal Synchronization Program and is g` Therefore, I would be Second fundin our City eligible for partial County. to offer County design services at no coswork t to With your happy I have instructed the Director ln°order to meet staff so that design can begin immediately staff so your construction schedule. You on these regional It is always a pleasure to work witlook forward to the success of traffic mitigation measures. this project. Sincerely, DEANE DANA Supervisor, Fourth District County of Los Angeles DD:as cc: T. A. Tidemanson, Director Department of Public Works ATTACHMENT #3 AMENDMENT NO. 1 TO THE CITYION//REHAB ROFESSIoNAL ILITATION OF SERVICES AGREEMENT FOR RECONSTRUCTI FROM EASTERLY LIMIT TO GOLDEN SPRINGS DRIVE STERLY CI GRAND AVENUE Services 1 to the City's Professio of _---' This Amendment No. y a entered into this _ nic — al Corporation Agreement is made and a Munic1P 1994, between the CITY OF DIAMOND BAR, referred to as " " and DWIGHT FRENCH & AS (hereinafter s'CONSULTANT")• (hereinafter referred to as A. Recitals*agreement,an (i)• to provide professional The CITY has heretofore ia es entered into rehab o ie professional with Dwight French & As itation engineering services with respect ttOlimitnto Golden springs Drive, of Grand Avenue f 1992E(°SAID AGREEMENT" hereinafter). dated October 6, the intersection 11 The CITY has requested that on Grand ( ) modification on Grand Avenue at Diamond Bar Boulevard an Golden Springs Drive be included into the AGREEMENT ECT" Avenue at ,,pROJ has submitted a proposal (iii) CONSULTANT of which is attached a full, true and correct copy services hereinafter), full, "B" to provide design hereto as 15 300.00. ion modification on Grand A t of $ t Diamond Bar Boulevar intersect rings Drive at a cos and at Golden Sp ORE it is agreed by and between CITY and CONSULTANT: NOW, THEREF ► B. Amendment to Aare: amended to read in cpction B• Subsection 2(a) is hereby words and figures, as follows: e and „2(a) CONSULTANT shall forthwith and °B"ahereto State and CITY complete the project in accordancxFederal,hibits A all to the and all in accordance with applicableuidelines, statutes, regulations, ordinances and g practitioners of the engineering ble satisfaction of CITY and in accordance with the standard reasonable provided by Pr of care normally P profession." a of the original agreement is Section B• Subsection 3( ) hereby amended as follows: ul' Of Sixty "3(a) To pay consultant a maximum sperforman e for the p the greement and � One Thousand dollars and no cents ($61,000-00) quired by the original a of the services re supplemental agreement." lemental Agreement acknowledges that no Each party to this Supp which is not embodied herein norany representation by any party or promise not contained in Any other agreement, statement, valid and binding. Supplemental Agreement shall be ication of this Supplemental Agreement shall be effective only modif signed by the parties. if it is in writing IN WITNESS WHEREOF, the parties hereear f irstto have e set dforth Supplemental Agreement as of the day and y above: CONSULTANT: ASSOCIATES DWIGHT FRENCH AND APPROVED AS TO FORM: City Attorney c:\WP60\LINDAKAY\AG2EE-94\DFAAMD-1.419 John Whitman President CITY OF DIAMOND BAR City Manager DATE: xApril 14, 1994 Mr. David G. Liu Senior Engineer City of Diamond Bar 21660 E. Copley Drive Suite 190 Diamond Bar, CA 91765 Subject: Engineering Services for Two Intersections - Grand Avenue and Golden Springs Drive and Grand Avenue and Diamond Bar Boulevard Dear David: Based on our telephone conversation on Monday, March sal fo�engineeriDg sehrvices at the Associates, Inc. (DFA) is pleased to present this proposal two subject intersections. Our understanding of the work necessary is represented by the following tasks. CONCEPTUAL STRIPING PLAN DFA will develop conceptual striping plan for both intersections for City to review and comment. DEVELOP PRELIMINARY STRIPING PLAN DFA will develop preliminary striping and submit to the City. We understand the City will forward this information the traffic signal design person. =Eiiil DEVELOP INTERSECTION IMPROVEMENT PLAN Based on the results generated from Task 1 and 2, we will develop the intersection improvement plan. 1470 South Valley Vista Drive, Suite 140, Diamond Dar, California 91765 ■ (909) 860-3566 Fac No. (909) 860-3476 . WIGHT FRENCH & ASSOCIATES TASK 4 PERFORM HYDROLOGIC ANALYSIS & DEVELOP STORM DRAIN PLAN Based on the intersection plan, we will relocate the catch basin, perform hydrologic analysis and develop storm drain plan per Los Angeles County Standards. FINALIZE STRIPING & SIGNING PLAN DFA will finalize striping and signing plan per review comments from the City. CONSTRUCTION COST ESTIMATE Based on the intersection improvement plan and storm drain plan, we will calculate construction costs and incorporate into the Grand Avenue Project. The fixed fee cost by task is as follows: Task 1 Conceptual Striping Plan $ 2,040 Task 2 Preliminary Striping Plan 960 Task 3 Intersection Improvement Plan 5,800 Task 4 Hydrologic Analysis and Storm Drain Plan 4,500 Task 5 Finalize Striping & Signing Plan 800 Task 6 Construction Cost Estimate 1.200 TOTAL FEE: $15,300 If you have any questions or wish to discuss, please call me. Thank you. Sincerely, T. John C. Whitman �'l �`ao%a5ar-hYP President i, Y I �' 1 111 •._ ��. - LFI� it r 1 it %JII If •: ii i I 11�I 1 �0 ' ��I I t II �� I•� �; ^ I I I I I I ---\-------- (� II 'III II•i,j � �� 'i I ;-� � :4. 1 I 12 6T =27- 41 f _rte_ •�' - �`•�� ' ���.� i �.� � ;« 1 1 IIS I Le i� 0 City of Diamond Bar Meeting Agenda For PRIVATE April 19, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER 0Y J-1r..Ccr/ bRAFT Wednesday: April 13, 1994 Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, PAPEN, MILLER Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 PROCLAIMING MAY 1 - 7, 1994 AS "HIRE A VETERAN WEEK" 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - APRIL 25, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.2 GENERAL PLAN ADVISORY COMMITTEE - APRIL 26, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.3 PARKS & RECREATION COMMISSION - APRIL 28, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 CITY COUNCIL MEETING/+- MAY 3"1994 - 7:00 P.M., AQ}MD Auditorium, 21865 E. Copley Dr. r I,��� 13 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - ADJOURNED REGULAR MEETING OF March 23, 1994 - Approve as submitted. Requested by: City Clerk 6.2 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED APRIL 19, 1994 in the amount of Requested by: City Manager 6.3 REJECTION OF CLAIMS: 6.3.1 FILED BY STATE FARM INSURANCE ON MARCH 31, 1994 Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.3.2 FILED BY OAK TREE LANES INC/OAK TREE FUND ONE ON MARCH 24 1994. City of Diamond Bar Wednesday: April 13, 1994 Page: 2 Meeting Agenda For pa g PRIVATE April 19, 1994 6.3.2 FILED BY OAK TREE LANES INC/OAK TREE FUND ONE ON MARCH 24 Recommended Action: Reject request and refer matter for further action to the City Attorney. Requested by: City Clerk 6.4 NOTICE OF COMPLETION FOR GOLDEN SPRINGS DRIVE RECONSTRUCTION/ REHABILITATION PROJECT BETWEEN BREA CANYON ROAD AND GRAND AVENUE - The City Council, on August 3, 1993, awarded a contract to IPS Services, Inc. for the reconstruction/rehabilitation of Golden Springs Drive between Brea Canyon Road and Grand Avenue. The installation was completed on March 24, 1994. Recommended Action: It is recommended that the City Council accept the work performed by IPS Services, Inc. and authorize the City Clerk to file the Notice of Completion and release any retention amounts per previously approved plans and specifications. Requested by: City Engineer 6.5 NOTICE OF COMPLETION: MARINA CONSTRUCTION, INC., FOR 60 FWY. PROJECT - Recommended Action: _ Requested by: Community Services Director N 7.A PUBLIC -HEARINGS* 7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 - In compliance with the 1993 Congestion Management Program (CMP) for L.A. County, the City is required to adopt a resolution self -certifying our conformance with the CMP by May 1, 1994. This includes the jurisdiction documenting its participation in the countywide deficiency plan, accomplished through annual submittal of a local implementation report. Continued from April 5, 1994. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and adopt Resolution No. 94 -XX. Requesteby: City Engineer 7.2 N CE NO. XX (1994): AN ORDINANCE OF THE CITY COUNCIL ITLE 22 OF THE LOS OF THE CITY OF DIAMOND BAR AMENDING T ANGELES COUNTY CODE BY ADDING NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS - Due to a number of complaints regarding the deteriorating condition of Wednesday: April 13, 1994 Page: 3 •ity of Diamond Bar Agenda For Meeting 1994 April 19, OF THE CITY COUNCIL PRIVATE 1994): AN ORDINANCE in the City, CE NO. XX ( and industrial property ORDINANCE commercial property Maintenance residential, Commission has drafted a oval. the Planning City Council's review and appy Ordinance for City Council Recommended Action: It is recommended the waiveefull reading take testimony only ordinance No. XX Recomm title open the public Hearing, ales County Code by p rove for first reading hbe Los Angeles arty and app Title 22 of prop (1994) amending ter 22.54 and establishing Planning adding a new Chap Recommended by Maintenance Standards. Commission. Requested by: Community Development Director Req 01 (1994) - AN ORDINANCE g. OLD BUSINESS: CE NO. ADDING A NEW g,1 SECOND READING OF ORDTNAN CITY OF DIAMOND B D'ADOPTING, BY OF THE CITY COUNCIL OF THE CITY CODE AN D PROPERTY REHABILITATION CHAPTER 1988 CHAPTER 15.38 TO THE DIAMOND BAR CODE, REFERENCE, THE BUILDING AN EDITIONS, TITLE 26 OF THE LOS ANGELES COUNTY BUILDING 99 OF T ENDMENTS, D PENALTIES TOGETHER WITH CERTAIN FEES AN the EDITION EXCEPTIONS, INCLUDING 1994, tion DELETIONS AND April 5, 1994. On February 15, the readop u is hearing to consider entitled Continued from AP Code, Council conducted a P County BuildingThe readoption of of Chapter 99 of the L. code and Property Rehabilitation- existing "Building to enhance or an interim Chapter 99 is proposed The ordinance will serve 01994 unless tools. ember k, enforcement nremain in effect until Septemb r� basis only repealed or extended. b title Approve for 2nd reading Y Recommended Action: No. 01 (1994). and adopt Requested by: Community Development Director A RESOLUTION OF THE CITY COUNCIL ER AND 94 -XX: MAYOR GAR RN 8.2 RESOLUTION NO. DIAMOND BART APPOINTING MA To nE WILDLIFE OF THE CITY OF ONY AS DELEGATE T e �( - MAYOR PRO TEM CLAIM HARM GROUP.' CORRIDOR CONSERVANCY STUDY appointing t Resolution No. 94 -XX pp Adop conservancy Recommended p'NiPT/Harmony to a wildlife corridor M/Werner and study group. Requested: MPT/Harmony COUNCIL OF THE CITY 94 -XX: A RESOLUTION D THROUGH TAIN 8.3 RESOLUTION NO. OND BAR ESTABLISHINAGPPLROACHES OF MOUNTAIN FEET OF THE CITY OF DIAM AND WESTBOUND LANES ON THE EASTBOUND BOULEVARD AND INSTALLING A WAY AT DIAMOND BAR OF MOUNTAIN LAUREL' WAY BETWEEN LAUREL ON THE NORTH SIDE OF RED CURB City of Diamond Bar Wednesday: April 13, 1994 Meeting Agenda For Page: 4 PRIVATE April 19, 1994 8.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL SILVER RAIL DRIVE AND DIAMOND BAR BOULEVARD - On February 10, 1994, the Traffic & Transportation Commission reviewed and recommended approval of a plan to create left and through lanes on the eastbound and westbound approaches of Mountain Laurel Way at Diamond Bar Blvd. In addition, plans to install 100 ft. of red curb on the north side of Mountain Laurel Way between Silver Rain Dr. and Diamond Bar Blvd. were reviewed. Continued from April 5, 1994. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX establishing left and through lanes on eastbound and westbound appraches of Mountain Laurel Way. Requested by: City Engineer 8.4 SANITARY SEWERS IN "THE COUNTRY" - Recommended Action: Requested by: City Engineer .5 DISCUSSION RE: AD HOC LIBRARY FUNDING COMMITTEE Requested by: C/Ansari 8.6 RESOLUTION NO. 90-45H: PERSONNEL RULES & REGULATIONS Recommended Action: Requested by: City Manager 8.7 . MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY. Requested by: MPT/Harmony 9. NEW BUSINESS: 9.1 AMENDMENT TO RESOLUTION NO. 90-95: RE SOLID WASTE PERMIT SYSTEM - Recommended Action: Requested by:^ City ManagerT . $ ei(vd �.}.��a-y-o 9.2 "7� i41TT /+II/-- . eMCiI�L� Recommended Action: Requested by: City Engineer City of Diamond Bar Wednesday: April 13, 1994 Meeting Agenda For Page: 5 PRIVATE April 19, 1994 10. ANNOUNCMENTS: 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9) 12. ADJOURNMENT: MOTION Motion to reconsider the City Council's action of December 1, 1992 approving Resolution No. 92-65, which denied VTM 47850 without prejudice. Further, that a public hearing before a Joint Session of the City Council and the Planning Commission shall be held within a reasonable period of time on VTM 47850 in consideration of DBA's compliance with the geotechnical issues raised by Leighton and Associates in its memorandum of October 29, 1992, the proposed general plan currently being considered by the City, and any other new matters or alternatives which the Joint Session deems appropriate. INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Honorable Mayor and Members of Council FROM: Terrence L. Belanger, City Manager SUB SECT: Cost of Living Adjustment of salaries and Benefits for Fiscal year 1993-1994 DA'L'E: April 19, 1994 R Prn� Ynej]tlon: Council adopt a resolution providing an adjustment of 3.5% to salaries and That the City P 1, 1994. benefits for Fiscal Year 1993-1994, retroactive to January au1sw4and' proposed An adjustment of salaries and benefits relating to cost of living increases waspro p J and includedin Fiscal in the budget for Fiscal Year 1993-1994. The amount992-1993 was 3 3%. o The increase in the Consumer Price Index(Cu Invent for Fiscal Year 1990-1992 through With this adjustmebe 12 total. During t, Ost of vmg J 1993-1994 would ° the corresponding Fiscal Years 19g9-1990 through 1992-1993, the increase in the CPI was 17.7%• f the Fiscal Year 1993- ideratio, At the Council meeting of June hat consideration93, during of a cost of living adjustment be 1994 Budget, the Council directed deferred pending: 1. Completion of action by the Legislature on legislation which would affect disbursement of revenues to the City, and 2 A mid -year review of other revenue flow to the City. It can now be reported that: 1. The Legislature's action has had little impact upon new cities (those incorporated after proposition 13), and 2. The recent property tax allocation agreement with the County has further strengthened the already strong financial position and inhe City, both in annualized revenues against exp of enditures reserve funds. provides municipal services with 24 full Bar should also be mentioned that Diamond Bar p le The number of employees is time employees to a City of approximately 54,000 peop significant less than the employee compliment (3 5 to 3 50) in ten cote periodofFiscal which are of similar size or smaller (30,000 to 84,000). Also, during p Years 1990-1992 through 1993-1994, the average cost of living adjustment in these comparable cities was 12.03%. After discussion of this matter/o cost of h`n recommending that the 3. S with the ngCityJusent be made effective Jud' ls personnel Committee, we e 1994. This results in a cash value increase for Fiscal Year 1993-1994 of 1.75%. A royal of the 3.5% cost of living adjustment, effective January 1, 1994, is respectfully PP recommended. nbw attachment W �I Q Wch Z u' o c N O 0 V p o N 0 c Q op p Z Ch 0 O r 0 0 O N 0 p D CV � 0 0 O LP o p r O J r O \ p 0 0 0 �� � co �`o cau 0 o m oo O O lii N� td p 00 co D o p a p p p a p N O o m � M co M td ch N o •� ca C � 0 o cp ,n p Q c0 r C14 M o c NM ch O 0 0 d m N TI Q W � OG �, Z U' o c O O N to ti co co � CV L c� Y c CD d J O \ p 0 0 0 �� � co �`o cau 0 o m oo O O lii N� td p 00 co ca C � r1rictm-mv CQ N�pp��i .4 C:) Z � M � CO ch N It N d U G N E .m y a h N 0 3 0 Y 7 �CC � w N� y 7 G m � rn m o w m c Cl) m , v N � y > Cf GI to � a M o o c rn a m X app 'Ma w �O � N o l6 y N m j � y H W U U M II. N o N to a d' > Obi o i �� ?z UL @ tL z�z Ch cot � as �o � zo � o aZa� °ZaZomc�ga 5zc�av� dao — Cl m� RESOLUTION NO. 90-45H OF DIAMOND BAR SETTING FORTH RESOLUTION OF THE CITY CITYATIONS REGARDING T� PAYMENT OF PERSONNEL RULES AND VACATIONS, LEAVES OF ABSENCES, AND SALARIES, SICK LEAVE, OTHER REGULATIONS CII, OF THE CITY OF DIAMOND BAR �REBY RESOLVES, THE CITY COUNCIL S AS FOLLOWS= ORDERS, AND DETERMINE operation REAS, the y tid that it is necessary to the efficient op WHE CitCouncil has determined mned maiprescribing sick leave, vacation, ntained and management of the City that rules and regulationsto ees and officers of the City; and regulations for the employees leaves of absences, and other reguY comprehensive establish wage and salary WHEREAS, it is necessary from time to times d to officers and employees of the City. schedules and to fix the rates of compensation to be p FORE BE IT RESOLVED by the City Council of the City of Diamond Bar, � NOW, T� California, as follows: sF&TI� T I comprehensive Wage and Salary Plan for employees of the City of Plan is designed to provide for a fair and There is hereby established a Comp a and Salary on the recommendations of the Diamond Bar. The Comprehensive Wag efficient framework for the administration of wages and is based up City Manager. SEQjjQN Council hereby establishes the salaries pursuant to Ordinance N°• 21 (1989), the Diamond Bar CityCouncil of the pay period which is paid f the City of Diamond Bar. and the various fu1n Positions othe compensation of the various classes of positions shall be as shown on on January 14, 1994, Schedule A (attached). .T v cruFD SE TIO F 1 step at the discretion of the City Manager and step or any P employee will New employees shall be hired at the entry P year thereafter, filll �mplete a one year Probation period. At the end of six months, the emp must successfully be eli ible for the next step. Every Y so long be given a performance evaluation and may g hall be given a performance evaluation and shall move to each successive step, employees s or above. as the employee's performance is satisfactory RESOLUTION 90-45H Page Two SECTION 4, PROBATION In an effort to monitor newly -hired employees, the probation period for newly -hired employees is one year. [410M13 11 a ZYWC13 -3:31131: Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Services. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. RMURGIRK-01 W-1 NJ 0; 0 63:15 115 W5 R16630111 ell am Ko)e[caltwnp I MR. ��1 131• • /131 �M 1► �. � � All full-time employees are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance within.the City's group insurance carrier(s), with the administrative cost and premiums paid by the City to a maximum established in Section 7 after 30 days of employment. Dependents of employees are eligible for health, dental and vision insurance. An employee benefit program is authorized wherein all officers and full-time employees have a choice of medical and/or fringe benefits, as described in Section 6, in an amount not to exceed $470.00 a month, paid by the City. A. Employees, defined as Management, shall receive an additional $30.00 per month to be applied as described in Section 6. B. All employees shall participate in the Life, Dental and Vision Insurance programs. The City shall pay the cost of the employee in addition to the benefit program described in Section 6 or Section 7(A). Monies in excess of the City's 457 Plan may be paid off annually, during each December. SECTION 8. PART-TIME HOURLY RANGE CHART Hourly compensation for the various part-time positions shall be as set forth in Schedule A (attached). RESOLUTION 90-45H Page Three MeRAW11041111( el 2:18V1 U KGYju 1:121 All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these riles and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 10. PUBLIC EMPLOYEES'RETIREMENT SYSTEM - DEFERRED COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary to the State Public Employees' Retirement System (PERS) as deferred income. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be on a bi-weekly basis. SECTION 12, PAY DAYS Warrants or checks in the payment of compensation shall be made available by the City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an event that pay day falls on a holiday, all wan -ants or checks in payment of compensation shall be made available to the City employee on the last work day preceding the holiday. A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees. B. The official work week of the City of Diamond Bar shall be five (5) working days of eight (8) hours each. It shall be the duty of each Department Manager to arrange the work of their Department so that each employee therein shall not work more than five (5) days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. C. Whenever an employee, other than an Administrative/Executive employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 1/2) times the regular rate of pay, provided they have completed a full 40 hour work week. RESOLUTION 90-45H Page Four SECTION 13 WORKTNGHOI�� ANL) OVERT (CONT'D) D. Any full time employee, other than an Administrative/Executive employee, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. There is nothing contained within this Section to exclude the City from implementing a 4-10 Plan, at their option. SFC'TION 14.AT�TWA�TION yE tS OF SERVIM VAC STI ON ACCRUAL 1- 5 10 days 6.10 15 days 11 & Up 20 days A A full time employee, after twelve (12) months continuous service with the City of Diamond Bar, shall be entitled to a vacation of ten (10) work days per year to be accrued at a rate of 3.08 hours per pay period. B, Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). The City Manager may approve vacation time accruals exceeding twenty (20) days. C. The total vacation allowance shall be computed to the nearest whole day, based upon the number of full months of City service. tion leave, such days D. In the event one or more municipal she holidays the°vadat on leave shall beted aextended accordingly shall not be charged as vacation lea for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due regard to the needs of the employee's services and the work schedule. F. Vacation shall be taken during the year following which the vacation privilege has been earned. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. RESOLUTION 90-45H Page Five • _�.t : : •. • •7 H. Employees who terminate shall be paid the salary equivalent to all accrued vacation earned after one (1) year of service has been completed, prior to the effective date of termination. All vacation requests shall be made at least five (5) days in advance and prior approval must be given by employee's supervisor and department head. Ifan employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. K. Management employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of service. A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. B. After six (6) months of continuous service, the employee is eligible to use sick leave. C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid one-half (1/2) of the unused balance of the annually accrued sick leave, accrued during a given accrual year, when the then annual accrual results in sick leave in excess of the maximum allowable accumulation of 160 hours. The sick leave payout shall only apply to the amount which is in excess of the maximum allowable accumulated amount of 160 hours. The annual accrued sick leave, over the maximum accumulation, shall be ,paid once a year, at the employee's current wage at the time of payment. Said payment is to be made on the first day in December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the department head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit stating the cause of absence. RESOLUTION 90-45H Page Six SECTION 15 SICK LEA (CONT'D) F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave and does not work a minimum of ten (10) eight (8) hour working days in any one month or combination thereof. G. If an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action. H. Employees using all accumulated sick leave may be deemed to have abandoned their employment. I. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate of pay at his/her date of termination. • -.13 ' v RUT �M _ i When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full-time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals related by blood or marriage. If an employee does not show up for work for three consecutive work days without notifying said employee's supervisor or department head, said employee shall be considered to have voluntarily terminated employment with the City. � • , �1_ • I 1� l l: Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-the-job injury and if not covered by Workers' Compensation. RESOLUTION 90-45H Page Seven SECTION 19. Ray -um If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee as a juror shall not be considered as a reimbursable item to the City. cECTION 20. ATTENDANCE Full time employees shall be in attendance at their work in accordance with the rules to eesding Absence hours of work, holidays, and leave. Departments shall keep attendance records of all employees. of any employee without leave may result in possible disciplinary action including discharge. SECTION 21. HOLIDAYS ding Friday, and holidays A. Holidays which fall on Saturdayshall be observed on the on the following Monday.ePatd holidays which fall on Sunday shall be observedday are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. Washington's Birthday (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Two (2) Floating Holidays SECTION 22. EL OATINc HOLIDAY A. Each full time employee is allowed two (2) floating holidays (8 hours each) per calendar year, January through December. B. Floating Holidays are not cumulative and must be used during the above period or said employee will lose the allocated hours. RESOLUTION 90-45H Page Eight SECTION 22. FLOATING HOLIDAYS (CONT'D) C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and department head. D. A full time employee is eligible to use a floating holiday after 30 days of continuous employment. E. Floating Holidays may be used in lieu of sick leave only if all other benefit time has been exhausted. The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. Leave of absence without pay may only be granted by the City Manager. An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of hardship and upon that employee's request, the City Manager has waived the two week notice requirement. SECTION 26, ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Councimembers; 2. Standing Board and Commission members; 3. Administrative/Executive employees of the City; 4. Employees of the City Manager's Department; or 5, Employees of the Personnel Department. RESOLUTION 90-45H Page Nine SECTION 26. ^'`?TI NEPOTISM PROVISION (CONT'D) B. The employment of a relative within a department is prohibited when they: I. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command, and 4. Work on the same shift at the same work site. C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or ciore, an employer may refuse to lityif the work involves potential place both spouses in the same department, division, or face y conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half- brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the City. SECTION 27. NQN_DISCui1yM1ATION The City of Diamond Bar does hereby affirm to adopt and support a policy of non-discrimination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny thebenefits of, r subject to discrimination any person on the basis of race, religion, nationality, employer. handicap, thereby affirming the City of Diamond Bar's posture as an equal opportunity SECTION 28. �rrpr c�YEr PE�_"���CE >~vaT T7ATION APPEAL PROCEDUI�. It is the intent of the City to offer fair and equitable appeals procedures for employee's performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. RESOLUTION 90-45H Page Ten SECIIQN2.& EMPLOYEE PRRFO A�AIV�`F EVAi T1ATTrnv PRO D TRF, (CONTD) APPFAT c B. The employee may respond in writing to the contents of the evaluation. This response must be submitted to the department head within five (5) working days immediately following the evaluation. C. The department head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. D. If the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Director within five (5) working days after receipt of the reviewing official's response. E. The Personnel Director shall review the evaluation appeal within five (5) days with the employee, supervisor and department head. Evers, effort will be made at this level to resolve the appeal. F. If the matter is not settled, a written appeal may be submitted tot he Ci ty Manager the employee within five (5) working days following the decision rendered in writing by the Personnel Director. G. The City Manager shall review the appeal with the employee, supervisor, department head and Personnel Director. The decision shall be rendered in writing within five (5) working days by the City Manager and shall be final. RECTION 99, POST OFFRR PHY4T( Ai. MSS All individuals who become a candidate for City employment must successful) y pass a post -offer Physical and substance abuse exams and are subject to fingerprinting and a background investigation. The candidates being considered for employment will be sent to a City authorized physician at the City's expense. RESOLUTION 90-45H Page Eleven The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee, other than an Administrative/Executive employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 13. SECTION 31 _ ADMINISTRATIVE LEAVE Administrative/Executive employees are allowed two (2) days of administrative leave per fiscal year. Additional days of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above 40 hours per week. A. Administrative/Executive employees do not receive paid overtime, and this leave is to recognize those employees who work over and above 40 hours per week_ B. Following is a list of Administrative/Executive positions: Accounting Manager Administrative Analyst Administrative Assistant Assistant to the City Manager Assistant City Manager Assistant Civil Engineer Assistant Planner Associate Engineer Associate Planner City Clerk City Engineer/Director of Public Works Community Relations Officer Director of Community Development Director of Community Services Secretary to the City Manager Senior Accountant Senior Engineer Superintendent of Parks & Maintenance RESOLUTION 90-45H Page Twelve SECTIO UL Al NISTILAT NULAU (CONTD) C. Administrative leave may not be accumulated and carried over to the following year. It must be used by June 30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to employee's immediate supervisor for approval, then forwarded to the City Manager for approval. Administrative leave will be authorized at the convenience of the City and the work schedule. Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City will match the 1.45 percent as mandated by law. SECTION ORATION RFO h4 A . CONt'ROL AC r OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eh gible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for 18 months, at their expense. Subject to Council fiscal year budget authorization, each employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. RESOLUTION NO. 90-45H RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNIL RULES AND REGULATIONS REGARDING THE PAYMENT OF S•kl.ARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTI-IFR REGULATIONS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, ORDERS, AND DETERMINES AS FOLLOWS: WHEREAS, the City Council has determined that it is necessary to the efficient operation and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absences, and other regulations for the employees and officers of the City; and WHEREAS_it is necessary from time to time to establish comprehensive wage and salary schedules and to fix the rates of compensation to be paid to officers and employees of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows; There is hereby established a Comprehensive Wage and Salary Plan for employees of the City of Diamond Bar. The Comprehensive Wage and Salary Plan is designed to provide for a fair and efficient framework for the administration of wages and is based upon the recommendations of the City Manager. Pursuant to Ordinance No. 21 (1989), the Diamond Bar City Council hereby establishes the salaries and the various full-time positions of the City of Diamond Bar. As of the pay period which is paid on January 14, 1994, the compensation of the various classes of positions shall be as shown on Schedule A (attached). New employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one year probation period. At the end of six months, the employee will be given a performance evaluation and may be eligible for the next step. Every year thereafter, employees shall be given a performance evaluation and shall move to each successive step, so long as the employee's performance is satisfactory or above. RESOLUTION 90-45H Page Two SECTION 4 PROBATION in an effort to monitor newly -hired employees, the probation period for newly -hired employees is one year • 11_ : �I: 1: I Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Services. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receiots All full-time employees are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance within the City's group insurance carrier(s), with the administrative cost and premiums paid by the City to a maximum established in Section 7 after 30 days of employment. Dependents of employees are eligible for health, dental and vision insurance WIN 0 • 7:1 1-1:10:42 r a 'a An employee benefit program is authorized wherein all officers and full-time employees have a choice of medical and/or fringe benefits, as described in Section 6, in an amount not to exceed $470.00 a month, paid by the City. A. Employees, defined as Management, shall receive an additional $30.00 per month to be applied as described in Section 6. B. .ill employees shall participate in the Life, Dental and Vision Insurance programs. The City shall pay the cost of the employee in addition to the benefit program described in Section 6 :,r Section 7(A). Monies in excess of the City's 457 Plan may be paid off annually, during each December. me a • 1 woul a we c'momplaw u' Hourly compensation for the various part-time positions shall be as set forth in Schedule A ( attached) RESOLUTION H Page Three SECTION 9 STAT "S nF Fipt nVNj[F VT All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION1 PUBLIC EMPLOYEFSLRETIREMENTDEFERRED COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary to the State Public Employees' Retirement System (PERS) as deferred income. RVEMKO)m•� The compensation due to all officers and employees of the City shall be on a bi-weekly basis. Warrants or checks in the payment of compensation shall be made available by the City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an event that pay day falls on a holiday, all warrants or checks in payment of compensation shall be made available to the City employee on the last work day preceding the holiday. A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees. B. The official work week of the City of Diamond Bar shall be five (5) working days of eight (8) hours each. It shall be the duty of each -Department Manager to arrange the work of their Department so that each employee therein shall not work more than five (5) days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. C. Whenever an employee, other than an Administrative/Executive employee, shall be required to « overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 lit) times the regular rate of pay, provided they have completed a full 40 hour work week. RESOLUTION 90-45H Page Four SECTION 13 VA'ORKING HOURS AND OVERM2 (CONT'D) D. Any full time employee, other than an Admir istrative/Executive employee, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. There is nothing contained within this Section to exclude the City from implementing a 4-10 Plan, at their option. 1 -5 10 days 6- 10 15 days 11 & Up 20 days A. A full time employee, after twelve (12) months continuous service with the City of Diamond Bar, shall be entitled to a vacation of ten (10) work days per year to be accrued at a rate of 3.08 hours per pay period. B. Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). The City Manager may approve vacation time accruals exceeding twenty (20) days. C. The total vacation allowance shall be computed to the nearest whole day, based upon the number of full months of City service. D. In the event one or more municipal holidays follow accumulated vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due regard to the needs of the employee's services and the work schedule. F. Vacation shall be taken during the year following which the vacation privilege has been earned. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. RESOLUTIOti 90-45H Page Five CFC TION 1 4 _\N -N - VCATION (CONT'D) H Employees who terminate shall be paid the salary equivalent to all accrued vacation earned after one (1) year of service has been completed, prior to the effective date of termination. 1. All vacation requests shall be made at least five (5) days in advance and prior approval must be given by employee's supervisor and department head. J If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. K. Management employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of service. SECTION 15, SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. B. After six (6) months of continuous service, the employee is eligible to use sick leave. C. Unused sick leave may be bem hanged �o sick leave if nota maximum total ot to alreadyc exceed and/or Absence or illness y accumulated. D. Each full time employee shall be paid one-half (1/2) of the unused balance of the annually accrued sick leave, accrued during a given accrual year, when the then annual accrual results in sick leave in excess of the maximum allowable accumulation of 160 hours. The sick leave payout shall only apply to the amount which is in excess of the maximum allowable accumulated amount of 160 hours. The annual accrued sick leave, over the maximum accumulation, shall be paid once a year, at the employee's current wage at the time of payment. -Said payment is to be made on the first day in December, or at such other time as the City Manager may determine, at hislher absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the department head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit stating the cause of absence. RESOLLTIOti 90-45H Page Six SECTION 15. SICK LEAVE (CONT'D) F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave and does not work a minimum of ten (10) eight (8) hour working days in any one month or combination thereof. G. If an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action. H. Employees using all accumulated sick leave may be deemed to have abandoned their employment. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate of pay at his/her date of termination. • . - :131:49164 When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full-time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals related by blood or marriage. R1:141 1 to1 Oft 911.•: • If an employee does not show up for work for three consecutive work days without notifying said employee's supervisor or department head, said employee shall be considered to have voluntarily terminated employment with the City. Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-the-job injury and if not covered by Workers' Compensation. RESOLUTIOti 90-45H Page Seven SECTION 19 ,LLRY D 'TY If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury senzce, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee as a juror shall not be considered as a reimbursable item to the City. Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any employee without- leave may result in possible disciplinary action including discharge. A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. Washington's Birthday (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8 Day following Thanksgiving Day 9 Christmas Eve (December 24) 10 Christmas Day (December 25) 11 Two (2) Floating Holidays A. Each full time employee is allowed two (2) floating holidays (8 hours each) per calendar year, January through December. B Floating Holidays are not cumulative and must be used during the above period or said employee will lose the allocated hours. RESOLLiTION 90-45H Page Eight SECTION_:, FLOATING HOLmAYS (CONT'D) C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and department head. D. A full time employee is eligible to use a floating holiday after 30 days of continuous employment. E. Floating Holidays may be used in lieu of sick leave only if all other benefit time has been exhausted. The City Manager and employees of the City are eligible to request specialized training in the form Of symposiums, special courses, forums, etc., at the City's expense. Leave of absence without pay may only be granted by the City Manager. An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing,'unless by reason of hardship and upon that employee's request, the City Manager has waived the two week notice requirement. SECTION1� ANTI --NEPOTISM PROM ION A. Relatives of those listed below may not be employed anywhere in the City organization: 1 City Councimembers; Standing Board and Commission members; Administrative/Executive employees of the City; -l. Employees of the City Manager's Department; or 5 Employees of the Personnel Department. RESOLUTION 90-4';H Page Nine SECTION _6 -ANTI-NEPOTISM PROVISION (CONT'D) B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command, and 4. Work on the same shift at the same work site. C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both spouses in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half- brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the City. • • a tu11 • The City of Diamond Bar does hereby affirm to adopt and support a policy of non-discrimination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny the benefits of, or subject to discrimination any person on the basis of race, religion, nationality, sex, age or handicap, thereby affirming the City of Diamond Bar's posture as an equal opportunity employer. ..• It is the intent of the City to offer fair and equitable appeals procedures for employee's performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. RESOLUTION 90-45H Page Ten SLCILQN ,8 E�IPI.n�__ PERF RN EVAr TTerjn `T APPFai C PRO Di RFc (CONT'D) B. The employee may respond in writing to the contents of the evaluation. This response must be submitted to the department head within five (5) working days immediately following the evaluation. C. The department head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. D. If the employee chooses to continue to apeal following the the reviewing official, the employee must submipan additional written r spon esponse fo to the Personnel Director within five (5) working days after receipt of the reviewing official's response. E. The Personnel Director shall review the evaluation appeal within five (5) days with the employee, supervisor and department head. Every effort will be made at this level to resolve the appeal. F. If the matter is not settled, a written appeal may be submitted tot he City Manager by the employee within five (5) working days following the decision rendered in writing by the Personnel Director. G The City Manager shall review the appeal with the employee, supervisor, department head and Personnel Director. The decision shall be rendered in writing within five (5) working days by the City Manager and shall be final. SECTION 29 POST O A puycTr s ,EXAMS All individuals who become a candidate for City employment pass a _ Physical and substance abuse exams and are subject to fingerprinting sand a background inv sSa ti t tion• The candidates being considered for employment will be sent to a City authorized physician at the City's expense. RESOLUTION 90-45H Page Eleven afiwluln Cr�CY C The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee, other -than an A.dm ni-qtrativ called out for a City emergency, the employee shall be given a/Executive employee, is pay, regardless of the amount of time it takes to rectify the Problem. of two hours ]3• The employee shall be paid overtime per Section 13. Admin'strative(EXecutive employees Additional days of leave r are allowed two (2) days of administrative leave per fiscal the individual works Aver and above 40hours per week. year. the City Manager, based on the number of total hours A. Administrative/Executive employees do not receivemime, and this leave is aid Overt to recognize those employees who work over and above 40 hours er P B. Following is a list of AdminisP week. trative/EXecutive positions: Accounting Manager Administrative Analyst Administrative Assistant Assistant to the City Manager Assistant City Manager Assistant Civil Engineer Assistant Planner Associate Engineer Associate Planner City Clerk City Engineer/Director of Public Works Community Relations Officer Director of Community Development Director of Community Services Secretary to the City Manager Senior Accountant Senior Engineer Superintendent of Parks & Maintenance RESOLUTION 90-45H Page Twelve T (CONTD) C Administrative leave may b Y note accumulated and carried over to the followin be used by June 30 of each fiscal year. Leave may be granted in hourly in shall be submitted to employee's immediate supervisor for approval theng Year. It must City Manager fora approval. Y crements. Requests PP Administrative leave will be authorized at the con emence rwarded to the City and the work schedule. AZEQICAM Pursuant to Revenue Billing 86-68 of the Int ernal 1987 will have 1.45 percent of their base sal Revenue Code, all employees hired after March 31, ed om The City will match the 1.45 percent as mandated uby lawfr.their paYcheck to be paid to Medicare. In compliance with the Immigration Reform and Control Act of 1986 all new employees must verify identity and entitlement to work in the United States by providing required documentation. FIT ('nuu s The Consolidated Omnibus Budget Reconciliation Act of 1985 continuation of health care coverage to certain employees who terminated beneficiaries of employees (COBRA) provides for the P Pees who die, become disabled or are divorced. Employees ecomeoeelilgible for continued coverage upon termination of service, whether voluntary gross misconduct), retirement or reduction in hours worked. For these em dependents, continued coverage is available for 18 m or not (other than termination for months, at their expense, employees and their TUITION RFr►��Tn+� Subject to Council fiscal year in the amount of $500 perbfic al et Yearofo�rcollege-level n, each employee shall be entitled to reimbursement (including tuition and related books), which have been approved by the personnel or university -level educational courses designate as being job-related and of value to the City. P sonnet Officer or his/her contingent upon the verification of the attainment of a letter grade of "C" or bet where no letter grade is given, verification Y Reimbursement under this Section is grade and submittal of a receipt for registration bearingthe ter, or in those cases Of completion of the course with a "Pass" or "Credit" reimbursement is being requested. In the case of reimbursement for books for he course, for which course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. any approved/verified RESOLUTION 90-45H Page Thirteen •, • ':: lul moi' • � � I; �I �� Effective July 1, 1991, part time, seasonal and temporary employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to $60,600. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. 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, and was finally adopted 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: ABSTAIN: COUNCIL MEMBERS: ATTEST: LYNDA M. BURGESS, City Clerk of the City of Diamond Bar Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1993-1994 (3.5%) JOB TITLE Range A B C D E F G Receptionist 776 7.76 8.15 8.56 8.99 9.44 9.91 10.41 1,345.86 1,413.16 1,483.82 1,558.01 1,635.91 1,717.70 1,803.59 16,150.38 16,957.90 17,805.79 18,696.08 19,630.88 20,612.43 21,643.05 Jr. Clerk Typist 899 8.99 9.44 9.91 10.41 10.93 11.47 12.05 1,558.01 1,635.91 1,717.70 1,803.59 1,893.77 1,988.46 2,087.88 18,696.10 19,630.90 20,612.45 21,643.07 22,725.22 23,861.49 25,054.56 Clerk Typist 966 9.66 10.15 10.65 11.19 11.75 12.33 12.95 1,674.86 1,758.61 1,846.54 1,938.87 2,035.81 2,137.60 2,244.48 20,098.38 21,103.30 22,158.46 23,266.39 24,429.71 25,651.19 26,933.75 Account Clerk I 966 9.66 10.15 10.65 11.19 11.75 12.33 12.95 1,674.86 1,758.61 1,846.54 1,938.87 2,035.81 2,137.60 2,244.48 20,098.38 21,103.30 22,158.46 '23,266.39 24,429.71 25,651.19 26,933.75 Adminstrative 1058 10.58 11.11 11.67 12.25 12.86 13.51 14.18 Analyst 1,834.42 1,926.14 2,022.45 2,123.57 2,229.75 2,341.24 2,458.30 22,013.09 23,113.74 24,269.43 25,482.90 26,757.04 28,094.90 29,499.64 Secretary 1062 10.62 11.16 11.71 12.30 12.91 13.56 14.24 1,841.57 1,933.65 2,030.33 2,131.85 2,238.44 2,350.36 2,467.88 22,098.86 23,203.81 24,364.00 25,582.20 26,861.31 28,204.37 29,614.59 Code Enforcement 1111 11.11 11.67 12.25 12.86 13.51 14.18 14.89 Officer 1,926.26 2,022.57 2,123.70 2,229.88 2,341.38 2,458.45 2,581.37 23,115.08 24,270.84 25,484.38 26,758.60 28,096.53 29,501.35 30,976.42 Parks Maintenance 1121 11.21 11.77 12.35 12.97 13.62 14.30 15.02 Worker 1,942.31 2,039.42 2,141.39 2,248.46 2,360.88 2,478.93 2,602.88 23,307.66 24,473.05 25,696.70 26,981.54 28,330.61 29,747.14 31,234.50 Deputy City Clerk 1171 11.71 12.29 12.91 13.55 14.23 14.94 15.69 2,029.61 2,131.09 2,237.65 2,349.53 2,467.01 2,590.36 2,719.88 24,355.37 25,573.13 26,851.79 28,194.38 29,604.10 31,084.30 32,638.52 Administrative 1171 11.71 12.29 12.91 13.55 14.23 14.94 15.69 Secretary 2,029.61 2,131.09 2,237.65 2,349.53 2,467.01 2,590.36 2,719.88 24,355.37 25,573.13 26,851.79 28,194.38 29,604.10 31,084.30 32,638.52 Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1993-1994 (3.5%) JOB TITLE Administrative Range 1171 A 11.71 B 12.29 C 12.91 D 13.55 E 14.23 F 14.94 G 15.69 Assistant 2,029.61 2,131.09 2,237.65 2,349.53 2,467.01 2,590.36 2,719.88 24,355.37 25,573.13 26,851.79 28,194.38 29,604.10 31,084.30 32,638.52 Engineering 1415 14.15 14.86 15.60 16.38 17.20 18.06 18.96 Technician 2,452.73 2,575.36 2,704.13 2,839.34 2,981.31 3,130.37 3,286.89 29,432.74 30,904.38 32,449.60 34,072.08 35,775.68 37,564.47 39,442.69 Planning 1415 14.15 14.86 15.60 16.38 17.20 18.06 18.96 Technician 2,452.73 2,575.36 2,704.13 2,839.34 2,981.31 3,130.37 3,286.89 29,432.74 30,904.38 32,449.60 34,072.08 35,775.68 37,564.47 39,442.69 Community Relations 1415 14.15 14.86 15.60 16.38 17.20 18.06 18.96 Coordinator 2,452.73 2,575.36 2,704.13 2,839.34 2,981.31 3,130.37 3,286.89 29,432.74 30,904.38 32,449.60 34,072.08 35,775.68 37,564.47 39,442.69 Secretary to the 1523 15.23 2,639.01 15.99 2,770.96 16.79 2,909.51 17.62 3,054.98 18.51 3,207.73 19.43 3,368.12 20.40 3,536.52 City Manager 31,668.11 33,251.51 34,914.09 36,659.79 38,492.78 40,417.42 42,438.29 Assistant Civil 1523 15.23 15.99 16.79 17.62 18.51 19.43 20.40 Engineer 2,639.01 2,770.96 2,909.51 3,054.98 3,207.73 3,368.12 3,536.52 31,668.11 33,251.51 34,914.09 36,659.79 38,492.78 40,417.42 42,438.29 Assistant Planner 1523 15.23 15.99 16.79 17.62 18.51 19.43 20.40 2,639.01 2,770.96 2,909.51 3,054.98 3,207.73 3,368.12 3,536.52 31,668.11 33,251.51 34,914.09 36,659.79 38,492.78 40,417.42 42,438.29 Assistant to the 1523 15.23 15.99 16.79 17.62 18.51 19.43 20.40 City Manager 2,639.01 2,770.96 2,909.51 3,054.98 3,207.73 3,368.12 3,536.52 31,668.11 33,251.51 34,914.09 36,659.79 38,492.78 40,417.42 42,438.29 Superintendent of 1767 17.67 18.55 19.48 20.46 21.48 22.55 23.68 Parks/Mtce 3,062.82 3,215.97 3,376.76 3,545.60 3,722.88 3,909.03 4,104.48 36,753.89 38,591.59 40,521.17 42,547.22 44,674.59 46,908.31 49,253.73 Senior Accountant 1767 17.67 18.55 19.48 20.46 21.48 22.55 23.68 3,062.82 3,215.97 3,376.76 3,545.60 3,722.88 3,909.03 4,104.48 36,753.89 38,591.59 40,521.17 42,547.22 44,674.59 46,908.31 49,253.73 Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1993-1994 (3.5%) JOB TITLE Range A B C D E F G Associate Planner 1851 18.51 19.43 20.41 21.43 22.50 23.62 24.80 3,208.07 3,368.47 3,536.90 3,713.74 3,899.43 4,094.40 4,299.12 38,496.83 40,421.67 42,442.75 44,564.89 46,793.13 49,132.79 51,589.43 Associate Engineer 1851 18.51 19.43 20.41 21.43 22.50 23.62 24.80 3,208.07 3,368.47 3,536.90 3,713.74 3,899.43 4,094.40 4,299.12 38,496.83 40,421.67 42,442.75 44,564.89 46,793.13 49,132.79 51,589.43 Transportation 1851 18.51 19.43 20.41 21.43 22.50 23.62 24.80 Planner 3,208.07 3,368.47 3,536.90 3,713.74 3,899.43 4,094.40 4,299.12 38,496.83 40,421.67 42,442.75 44,564.89 46,793.13 49,132.79 51,589.43 Accounting Manager 1900 19.00 19.95 20.94 21.99 23.09 24.24 25.46 3,292.54 3,457.16 3,630.02 3,811.52 4,002.10 4,202.20 4,412.31 39,510.43 41,485.95 43,560.24 45,738.26 48,025.17 50,426.43 52,947.75 Senior Engineer 1990 19.90 20.89 21.94 23.03 24.18 25.39 26.66 3,448.61 3,621.11 3,802.16 3,992.27 4,191.88 4,401.48 4,621.55 41,384.08 43,453.29 45,625.95 47,907.25 50,302.61 52,817.74 55,458.63 City Clerk 2065 20.65 21.68 22.77 23.91 25.10 26.36 27.68 3,579.66 3,758.65 3,946.58 4,143.91 4,351.11 4,568.66 4,797.09 42,955.98 45,103.78 47,358.97 49,726.92 52,213.26 54,823.92 57,565.12 Community Services 2148 21.48 22.55 23.68 24.86 26.11 27.41 28.78 Director 3,722.85 3,908.99 4,104.44 4,309.66 4,525.15 4,751.41 4,988.98 44,674.21 46,907.92 49,253.31 51,715.98 54,301.78 57,016.87 59,867.71 Comm Development 2780 27.80 29.19 30.65 32.19 33.80 35.49 37.26 Director 4,819.36 5,060.33 5,313.34 .5,579.01 5,857.96 6,150.86 6,458.40 57,832.29 60,723.90 63,760.10 66,948.10 70,295.51 73,810.29 77,500.80 City EnglPublic 2780 27.80 29.19 30.65 32.19 33.80 35.49 37.26 Works Director 4,819.36 5,060.33 5,313.34 5,579.01 5,857.96 6,150.86 6,458.40 57,832.29 60,723.90 63,760.10 66,948.10 70,295.51 73,810.29 77,500.80 Assistant City 2955 29.55 31.02 32.57 34.20 35.91 37.71 39.59 Manager 5,121.34 5,377.41 5,646.28 5,928.59 6,225.02 6,536.27 6,863.08 61,456.06 64,528.86 67,755.31 71,143.07 74,700.23 78,435.24 82,357.00 JOB TITLE Ra City Manager PART TIME/HOURLY Comm. Svcs Leader Intern/Part--Time Parks Mice Helper Comm. Svcs Coordinator Counter Clerk/Permit Tech Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1993-1994 (3.5%) A B C D E F G 7,600.00 91,200.00 5.00 5.50 6.00 6.50 7.00 7.50 8.00 7.00 7.50 8.00 8.50 9.00 9.50 10.00 7.00 7.50 8.00 8.50 9.00 9.50 10.00 9.00 9.50 10.00 10.50 11.00 11.50 12.00 12.50 13.00 13.50 14.00 14.50 15.00 15.50 RESOLUTION NO. 94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPOINTING MAYOR GARY WERNER AS THE DELEGATE AND MAYOR PRO TEM CLAIR W. HARMONY AS ALTERNATE TO THE WILDLIFE CORRIDOR CONSERVANCY STUDY GROUP WHEREAS, in recognition of the fact that the wildlife corridor running from Whittier Narrows into Cleveland National Forest and north to the Chino Hills is a unique and valuable wildlife habitat; and WHEREAS, a number of informational discussions have been held to think about ways to plan the area; and WHEREAS, in order to give legal authority to the various municipalities encompassing the areas outlined it is warranted to form a study group. , HE IT RESOLVED THAT the City of Diamond NOW, THEREFORE Bar authorizes Mayor Gary H. Werner as delegate and Clair W. Harmony as alternate to serve as members of the study group to explore with other cities in the wildlife corridor that runs through the La Puente Hills from Whittier Narrows into the Chino Hills and south to Cleveland National Forest the possibility Of becoming a Heritage Lands area under Federal Government regulations, and to explore the opportunity for federal, state or other funding for the preservation of the wildlife corridor. The study group will not have power to bind this Council and is only appointed to gather information on possible future joint planning with other neighboring areas. PASSED APPROVED AND ADOPTED this day of 1994. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council on the day of , 1994 by the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - CITY CLERK City of Diamond Bar CITY OF DIAMOND BAR I N T E R O F F I C E M E M O R A N D U M DATE: April 21, 1994 TO: Department Heads and significant others FROM: Tommye Nice, Deputy City Clerk SUBJECT: May 2 Joint Meeting with Planning Commission; and, May 3, 1994 City Council Agendas Attached for your review is a draft copy of the agendas for May 2 (Joint meeting with Planning Commission) and May 3, City Council meetings. Please review and advise of any changes, corrections or deletions by Tuesday, April 26, 1994 at 4:00 p.m. Due to the preparation of two meetings next week and Lynda Burgess attending a City Clerk's Conference from Tuesday afternoon to Friday, the City Clerk's Office is requesting that all reports be submitted and ready for copying no later than Thursday morning at 10:00 a.m. Your courtesy and cooperation is appreciated (we did it for the April 5 agenda). Both Christine and myself thank you for your help. Attachment - -l1Fi City of Diamond Bar Wednesday: April 20, 1994 Meeting Agenda For Page: 1 PRIVATE May 2, 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 and.Mayor Werner ROLL CALL: BRUCE FLAMENBAUM, FRANKLIN FONG, DON SCHAD Vice -Chairman Lydia Plunk and Chairman Meyer 2. PUBLIC HEARINGS: 2.i JOINT PUBLIC HEARING WITH PLANNING COMMISSION RE: SOUTH POINTE MASTER PLAN 3. NEW BUSINESS: 3.1 DISCUSSION RE: AGREEMENT WITH ARCIERO TO BUILD PARK IN EXCHANGE FOR REMOVAL OF OAK TREES - Recommended Action: Requested by: City Manager 4. ANNOUNCEMENTS: 5. ADJOURNMENT: Thursday: April 21, 1994 City of Diamond Bar Page: 1 Meeting Agenda For PRIVATE May 3, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER ROLL CALL: COUNCIL MEMBERS ANSARI, pAPENr MILLER, Mayor Pro Tem Harmon and May or PROCLAMATIONS, CERTIFICATES, ETC. 2. SPECIAL PRESENTATIONS, 2.1 INTRODUCTION BY TOF NEWYWALDIE PERS PERSONNEL THE THE WALNUT STATION SHERIFFS DEPARTMENT 2.2 PROCLAIMING SUPPORT FOR THE BUCHAREST STREET KIDS SHELTER PROJECT 2.3 PROCLAIMING MAY 16-22, 1994 AS "PUBLIC WORKS WEEK" 2.4 PROCLAIMING THE MONTH OF MAY, 1994 AS "WATER AWARENESS MONTH" 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 1994 7:00 P.M., AQMD 5.1 PLANNING COMMISSION - MAY 91 - Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION MMoSSIND- MAY 12, 1994 6:30 P.M. AQMD Hearing Room, 21865 Copley 5.3 CITY COUNCIL MEETING - MAY 17, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - REGULAR MEETING OF APRIL 5, 1994 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION INUTES - REGULAR MEETING OF MARCH 14, 1994 - Receive ile- Requested by: Community Development Director 6.3 TRAFFIC & TRANSPORTATION COMMISSION - REGULAR MEETING OF March 10, 1994 - Receive & file. Requested by: City Engineer 6.4 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED MAY 3, 1994 in the amount of City of Diamond Bar Thursday: April 21, 1994 Meeting Agenda For Page: 2 PRIVATE May 3, 1994 6.4 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED MAY 3, 1994 Requested by: City Manager 6.5 TREASURER'S REPORT - RECEIVE & FILE TREASURER'S REPORT FOR Month of March, 1994. Requested by: City Manager 6.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DATES, PLACES AND TIME FOR STANDING COMMITTEE MEETINGS.(INCLUDING MANAGEMENT STAFF MEETINGS) - Recommended Action: Requested by: City Manager 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: 8.1 GENERAL PLAN ADVISORY COMMITTEE MEMBERSHIP - CONTINUED from April 19, 1994. Recommended Action: Requested by: Mayor 8.2 SECOND READING OF ORDINANCE NO. 02(1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS - Recommended Action: Requested by: Community.Development Director 8.3 INTERSECTION MODIFICATION ON GRAND AVENUE AT DIAMOND BAR BOULEVA AND OF GOLDEN SPRINGS DRIVE - Recommended Action: Requested by: City Engineer 8.4 DISCUSSION RE: AD HOC LIBRARY FUNDING COMMITTEE - Continued from April 19, 1994 Recommended Action: Requested by: Councilwoman Ansari 8.5 MATTER OF REQUEST FOR INFORMATION FROM FORMER ATTORNEY - Recommended Action: City of Diamond Bar Thursday: April 21, 1994 Meeting Agenda For Page: 3 PRIVATE May 3, 1994 8.5 MATTER OF REQUEST FOR INFORMATION FROM FORMER ATTORNEY - Requested by: Mayor Pro -rem Harmony 9. NEW BUSINESS: 9.1 CONTRACT RE: PAVEMENT MANAGEMENT SYSTEM - Recommended Action: Requested by: City Engineer 9.2 CONTRACT AMENDMENT - BREA RECREATION ON 18 WEEK EXTENSTION - Recommended Action: Requested by: Community Services Director 10. ANNOUNCEMENTS: 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9), Personnel (G.C. 54957.6),or not purchase/sale of real property (G.C. 54956.8). Recordsavailable for public inspections. 12. ADJOURNMENT: