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Home My WebLink About05/09/1994Cit ( COAA,tcl AGENDA Monday., May 9, 1994 6:00 P.M. Adjourned Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Counci t Member City Manager Interim City Attorney City Clerk Gary H. Werner Clair W. Harmony Eileen R. Ansari Phyllis E. Papen Gary G. Miller Terrence L. Belanger Michael Montgomery Lynda Burgess of staff reports, or other written documentation relating to agendate safile ag nda office of the Copies Po inspection. If you have quregarding City Clerk, and are available for public insp please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities equipment, assistance of an� or the City of Diamond Bar requires that any person in need of any type must inform the City Clerk accommodation(s) in order to communicate at a City public meeting, a .minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses rec sled paper and encourages you to do the same. 1. r7.1 3. 4. 5. 6. 7. 8. Next Resolution No. 94-21 Next Ordinance No. 03(1994) CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Papen, Miller, Mayor Pro Tem Harmony and Mayor Werner SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.: CLOS PUBLIC COMMENTS: CLOSED COUNCIL COMMENTS: CLOSED SCHEDULE OF FUTURE EVENTS: CLOSED CONSENT CALENDAR: CLOSED PUBLIC HEARINGS: NONE OLD BUSINESS: 8.1 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 CODE BY ADDING NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS - On April 19, 1994, the City Council held a public and hearing, received testimony, waived full reading, approved as amended, Ordinance No. 02(1994). Continued from May 3, 1994. Recommended Action: It is recommended that the City Council approve for second reading and adopt Ordinance No. 02(1994). Requested by: Community Development Director 8.2 ENGINEERING SERVICES CONTRACT FOR THE DEVELOPMENT AND IMPLEMENTATION OF A PAVEMENT MANAGEMENT SYSTEM - In accordance with the requirements of Prop. 111 for State Gas Tax Fund and the criteria stipulated by the Prop. C Local Return Guidelines, local jurisdictions must certify that it has in place a pavement management system (PMS). This is to foster the cost-effective use of public funds prior to expending Prop. C funds. The system needs to provide an overview of the condition of the total street MAY 9, 1994 PAGE 2 system, a means of documenting street maintenance/ rehabilitation needs, and a means of rationally prioritizing street improvement projects in terms of needs and cost-effectiveness. To accomplish this work, it is necessary to retain the services of a qualified engineering firm. In response to the City's Request for Proposal, the Selection Committee received and evaluated four (4) proposals. Recommended Action: It is recommended that the City Council award a professional engineering services contract to Dwight French and Associates in an amount not to exceed $37,020.00, plus a contingency amount of $3,000. Requested by: City Engineer 8.3 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES - Continued from May 3, 1994. Recommended Action: It is recommended that the Mayor appoint a Library Services sub -committee of the City Council, comprised of two members of the Council. Requested by: Councilwoman Ansari 8.4 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Continued from May 3, 1994. Requested by: Mayor Pro Tem Harmony 9. CONTINUED PUBLIC HEARING/CITY COUNCIL & PLANNING COMMISSION JOINT MEETING - 7:00 P.M. 9.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 514071 CONDITIONAL USE PERMIT NO. 92-8; AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 - This is a joint public hearing of the City Council and Planning Commission to consider a request for approval of a mixed use project, known as South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Rd., west of Brea Canyon Rd., east of Morning Sun Dr., and south of Rapid View Dr. The project proposes to develop 30 acres of commercial retail/office space of 290,000 sq. ft.; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. Continued from May 2, 1994. MAY 9, 1994 PAGE 3 1994. Recommended Action: It is recommended that the City Council and Planning Commission receive a presentation from City Staff and project developers; open the public hearing; receive testimony; and take appropriate action. Requested by: M/Werner 10. ANNOUNCEMENTS: 11. ADJOURNMENT: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 3, 1994 REPORT DATE: April 26, 1994 FROM: James DeStefano, Community Development Director TITLE: Second Reading of Ordinance No. 2 (1994), an ordinance amending Title 22 of the Los Angeles County Code by adding a new Chapter 22.54 and establishing property maintenance standards (Zone Code Amendment No. 93-3). SUMMARY: On April 19, 1994, the City Council held a public hearing, received testimony, waived first reading, and approved as amended, Ordinance No. 2 (1994). RECOMMENDATION: It is recommended that the City Council approve second reading and adopt Ordinance No. 2 (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:_ Staff Report Resolution(s) X Ordinances(s) Agreement(s) Other EXTERNAL DISTRIBUTION: None _ Public Hearing Notification _ Bid Specification (on file in City Clerk'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? _ Yes X No Report discussed with the following affected departments: EWED B Terrence L. Belanger Frank Usher es DeStefano City Manager Assistant City Manager Community Devel pment Director PLANNING COMMISSION AGENDA MAY 99 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley. Drive Diamond Bar, California Chairman Vice Chairwoman Commissioner Commissioner Commissioner David Meyer Lydia Plunk Bruce Flamenbaum Don Schad Franklin Fong Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinJ in the Auditorium 'he City of Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Next Resolution No. 94-5 March A 1994 CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE COMMISSIONERS: Chairman David Meyer, ROLL CALL: Vice Chairwoman Lydia Plunk, Bruce Flamenbaum, Don Schad and Franklin Fong MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: lace for the general public to address the members of the Planning Commis - This is the time and pOpportunityto speak on sion on any item that is within their jurisdiction, msacomnlete a public Card for the recordin non-public hearing and non -agenda i r ve m n„te maximum time limit The e is a f Len addressin the Plannin Commission. sidered CONSENT CALENDAR: The following items listed on the consentde removed from routine and are approved by single iotionlyConsent Galen the agenda by request of 1. Minutes of March 14, 1994 OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: Zone Change N.92-2, Vesting Tentative Map an Environmental 2. ConditionalUse oPermit No. 92-3, Oak Tree Permit No. 9 , Report No. 92-2. Continued from December 13, 1993. ily The proposed project is a request for applocated at the southeasterly troval of a 13 unit single erminous subdivision proposed on a 20 acre site 1 ro osed project is located of Blaze Trail Drive within "The iCountry". ihehnorthernmo p portion of Signif- adjacent to Tonner Canyon a icant Ecological Area No. 15. The application requests involve a Zone 1 Planning Commission Agenda March 28, 1994 Page Two Change from A-2-2, Heavy Agriculture to R-1-40,000, Single Family Resi- dential, one acre minimum lot size, a subdivision of the site into 14 lots (13 dwelling units and a common lot for a sewer pump station), an Oak Tree Permit for the removal of one oak tree, a Conditional Use Permit for devel- opment in a hillside management area, and a Draft Environmental Impact Report which has been prepared to evaluate the impacts the project may have upon the environment and identification of mitigation measures to reduce the effects of any negative impacts. Property Owner and Applicant: Unionwide, Inc., 2130 Rockridge Ct., Fullerton, CA. 92631 RECOMMENDATION: continued for 30-45 days. PLANNING COMMISSION ITEMS: Staff recommends that the public hearing be INFORMATIONAL ITEMS: Verbal report on General Plan Advisory Committee progress. ADJOURNMENT: April 11, 1994 DATE 05-09_94 INVALID MILLER YES HARMONY NO ANSARI YES PAPEN YES WERNER No INVALID INVALID INVALID INVALID INVALID TOTALS , TIME 17:48:22 AGENDA ITEM if THIS AGENDA ITEM HAS - (MOTION) INVALID 3 2 0 L Qt d, a BOARD MEETINGL- � Maker- Second- 3 akerSecond: L DATE 05-09-94 TIME 17:57:33 AGENDA ITEM # 8.1- drh q r dm e Oct 40 INVALID INVALID MILLER YES HARMONY NO ANSARI YES PAPEN NO WERNER YES INVALID INVALID INVALID INVALID INVALID TOTALS . . . . . . . 3 2 0 BOARD MEETING: S/9/9 Maker. r / Second: a,�ef- /lam THIS AGENDA ITEM HAS ------------- P --ss ed - (MOTION) L DATE 05--09-94 _ TIME 18:19:00 AGENDA ITEM g2 i1 ` � Yle-&�t- t rL� � ��Q � INVALID 0 rt INVALID MILLER YES HARMONY YES ANSARI YES PAPEN YES WERNER YES INVALID INVALID INVALID INVALID INVALID TOTALS . 5 0 0 THIS AGENDA ITEM HAS -------------'> (MOTION) BOARD MEETING: -5j5fq �I Maker.__ Second: r n n ca DATE 05-09-94 INVALID L TIME 18:20:12 AGENDA ITEM # p4f -6 MILLER YES HARMONY YES ANSARI YES PAPEN YES WERNER YES INVALID INVALID INVALID INVALID INVALID TOTALS . . . . . . . INVALID BOARD MEETING::—,.:!--,/ 5 0 0 Maker:�Q r Second: 9�-D� (4-1-3 S elot- THIS AGENDA ITEM HAS ------------- QED (MOTION) ,sic, /q 4 �a,y"R - 3,=)- 1 i ��. -10� 7Wal 3 6, � F, - �J 5 -DL - e tea. 1h -para - �I TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK � DATE: -/ PHONE: S g�S S3 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. I expect to address the Council on the subject agenda ite name and address as written above. m. Please have the Council Minutes reflect my D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: PHONE: j I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m name and address as written above. J- Sign ure Y I_I J-1 ___ �.__. _____ 1 .:;J I'1 1 . I'1 _____J... v __ u �_ •-__ 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 PER CINI DES RING TO ADDRESS THE CITY COUNCIL Upcn recognition from -:he Mayor, please walk to the microphone and state your name and address and aroceed to commen': upon the age -da item you wish to discuss. Following discussion and prior to a vote the Mayor will re--ognize eny member of the audience who wishes to speak on the subject. You are welccrme to attend all City C_:ouncil 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 prohibited. Thank you D TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK LARRY L�2�1� 1 NC E(L DATE: 2 M 14 9q PHONE: F6/ -x( }03 WRLNvT- VAc c.r= i ll ►NI FrD SC Hc7O� (�rs%72(t7� �L 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 _hel =L Y _ J DRESS THE MINUUS ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon Irecognition from the Mayor, please walk to the microphone and state your name and address a')d proceed to comment upon the agenda item you wish to audiendcie who wishes togspeak onlothe suubjectn and r, 1-c. a vote, the Mayor will recognize any member of the 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 4 DATE: 2 FROM: x'133 4 ADDRESS: RU/1 lid PHONE: ORGANIZATION: AGENDA #/SUBJECT: flect my I ex ect to address the Council on the subject agenda item. Please have the Council Minutes re p name and address as written above. 4gn ature NOTE: ALL PERSONS MAY ATTEND MEETINGS AND ADDRESS THE CITY INTENDED TO ASSIST THE MAYOR IN ENSURING THAT ALL PERSONS WISHING TO ADDRES.;_THE COUNCIL ARE RECOGNIZED AND TO ENSURE CORRECT SPELLING OF NAMES IN THE MINUT1=;i. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and addre�;s ;and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior Ic 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 busir esE is appreciated. VOLUNTARY REQUE ST TO ADDRESS THE CITY CU �, �j ., , - DI* TO FROM' ADDRESS: ORGANIZATION: AGENDA #ISUBJECT CITY CLERK [)ATE PHONE 9G subject agenda item. Please have the Council Minutes reteCt mY i expect to add ereCouncil on the as Written above. name and addres 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 atLend 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: ati� �i��2 / L DATE: ADDRESS: z7�� %iy� �— PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the s sect ag nda item. Please have the Council Minutes reflect my name and address as written above. Sig -- ----- — ` — o - H'W•-) 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 DESIRIN TO ADDRESS_THE CITY COUNCIL Upon recognition from the Mayor, p ease %va c to the microphone and state your name and address and proceed to comment upon the agenda iterr you wis" to discuss. Following discussion and prior to a vote, the Mayor will recognize any riemoer ;)1: the Eudience 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 lirnit,remarks to five (5) minutes. The audience is requested to be seated in the Council Chambers. Standing or obstructing of aisles is prohibited. Thank you �79 TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK n DATE: PHONE: 909 714 V AGENDA #/SUBJECT: � f�.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. Aw/-� Signature NOTE: ALL PERSONS MAY ATTEND MEETINGS �a �_ ��--- - - TOAPERS N THE MAYOR IN ENSURING "_HAr ALL LING OF NAME N N THE MINUTE—SI^ INTENDED RECOGNIZED AND TO EIRE �P-RECT SPE COUNCIL ARE ANY PERSON DESIRING TO yUDRE`.�S T_y COUNCIL lease walk to tl i�� microphone and state your name oand n and prior tc► a ss vid Upon recognition from the Mayor, p discuss proceed to comment upon the agenda item you of the i, ,h to discu who w shes tospeakon the subject. vote, the Mayor will recognize any mem berYou are welcome to attend all City Council meetincl:; anci your interest in the conduct of public business is appreciated. Those who wish to speak on agenda subjects s chCaedslaathe desk oftf 11 discussions may complete voluntary Spea Council rules call for each speaker to limit remarks to five (5) minutes The audience is requested to be seated in the Council Chambers. Sti obstructing of aisles is prohibited, Thank you D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: rck tD mom. I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signalure 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. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 'TO: CITY CLERK FROM:ti�' c� C DATE: ADDRESS: 13.z t5",X,- PHONE:Cp% 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 HIV T F I >>vv. • --- and Upon recognitionand s. Following from the Mayor, please walk to the microphone and state y°discuss on and prior to a proceed to comment upon the agenda item you wish to discus 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. r� TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK f c,\_ \ DATE: 5 C lit �v�� PHONE: -S-(I' Zl�% I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Si ature 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: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK of AGENDA #/SUBJECT: DATE: L'P— PHONE: ((t4f- )%: 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 wis,hes 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. es call for each speak or r 'Clerk.' The audience is requested to be seated in the Council>Chambers. Standing or obstructing of aisles is prohibited. Thank you To: FRC .4: ADC iE:SS: ORC ftZATION: AGE DA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE: I expe:;t to address the Council on the subject agenda item name end address as written above. Please have the Council Minutes reflect my Signature _T_1=LADED TO ASSIST THE MAYORrIN t�iV,�URING THAT ALL PERSONS WISHI �(S AND ADDRESS THE CITY COUNCIL. THIS FORM I; ARE RECOGNIZED AND TO EIVSiJ_IJE C RRECT SPELLING nF NennEc IN THE MINUTES ANY PERSON [)ES1iNCJ TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, pl&ase vrE IN: 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 p vore, the Mayor will recognize any mern:�E r of the audience who wishes to speak on You are welcome to attend all City Council rr-E�,� the subject. is appreciated. tangs and your interest in the conduct of public business VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK n DATE: PHONE: r 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. Those who wish to speak on agenda subjects schedc discussions may complete voluntary Speaker's Cards' rk'. I T TO ADDRESS VOLUNTARY REQUEST ESS THE CITY COUNCIL TO: CITY CLERK FROM: co DATE: Ll - ADDRESS: ` �' �' �44 � PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m name and address as written above. y i��'Sign 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. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: r7"P✓1 t<1E D 2 PHONE:o 17 < rt-- 12 16 10 AJ F -Em VA. L 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 ANY PER ON DESIRING TO ADDRESS THE CITY COUNCIL U on recognition from the Mayor, please walk to the microphone and state your name and address and P proceed to comment upon the agenda item you wish ie die who wishes to speak on the sablectr prioo a vote, the Mayor will recognize any member of the and 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: C A e) -m) DATE: —`O 9 ADDRESS: �� L::nSJ �e.� PHONE: ly" ORGANIZATION:eS;�@r AGENDA WSUBJECT: til 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 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 completevoluntary' 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 ofaisles is prohibited. Thank you To FROM: ADE. RESS: ORCiANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: < PHONE: 8G p A /6, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. '---'= U ASSIST THE MAYORrIN ENSURING THAT ALL PERSONS WI _%'',35 AND ADDRESS THE CITY COUNCIL. THIS FORM I; COUNCIL Q 4E RECOGNIZED QND T ENSURE C RRECT SPEL IN OF NAM A?JINN HE M N ul IV ESS THI ANY PERSON DESi_R!Nc i TO ADDRESS THE CITY COUN UTES. r on recognition from the Mayor, please vial to the microphone CIL proca,?tl .�, cDmment upon the agenda itern you wish to discuss. P e and state your name and address and vote, -fie Ma vor will recognize an cuss. Following discussion and prior to a y member c f the audience who wishes to speak on the subject. You are "IE-lco�me to attend all City Council -neetin s is appreciatec 9 and your interest in the conduct of public business r TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE: PHONE: AGENDA #/SUBJECT: [,�'. I !� a `j :� `� A' i i CN -e iT C, v/4 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 N ANY PERSON DESI"►►�u our name and address and hone and state y prior to a lease walk to the microphone discussion and recognition from the Mayor, p you wish to discuss. Following subject. Upon recog agenda item Y proceed to comment upon the a9 ember of the audience who wishes to speak on the subl pro recognize any m vote, the Mayor will recog public business City Council meetings and your interest in the conduct of You are welcome to attend all C y is appreciated. )t VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK FROM: DATE: -------------- /kDE,RE.-'SS: ORCIANIZATION: PHONE: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council name and address as written above. Minutes reflect my Sig ature \ ANY PERSON �� our name and address and lease walk to the microphone and state discussion and prior to a Upon recognition from the Mayor, p You wish to discuss. Following proceed to comment upon the agenda item member of the audience who wishes to speak on the subject. vote, the Mayor will recognize any You are welcome to attend all City Council meetings and your in in the conduct of public business is appreciated. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FRC ADC ESS: DATE: OR& NIZATION.- L PHONE:/ AGED, DA #/SUBJECT: I expec, to address the Council on the subject agenda item name and address as written above. Please have the Council Minutes reflect , 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. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO FROM: ADI )RESS: OR( aANIZATION: AGE NDA #/SUBJECT: CITY CLERK DATE: — _ l 4 PHONE±/ _3 (5- � I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my namf� and address as written above. nature S()NS WISHING TO ADDRESS T NC OF NAMES IN THE MINUTES. ANY PER a3ON DESIRING TO ADDRESS THE Q --Q CO_ UNCIL discussion and prior to a Upon recognition from the Mayor, please walk to the microphone ;ani state your name and address an r of the audience who W shes to speak on the subject. proceed to comment upon the agenda itee You wish to discuss. F of own P member vote, the Mayor will recognize any public business You are welcome to attend all City Council meetings and your interCit in the conduct of p is appreciated. he desk of the City Clerk. who wish to speak on agenda subjects sched� ladt s public hearings or Those vv complete voluntary, Speakers Card discussions may comp limit remarks t,-, five (5) minutes. Council rules call for each speaker to d in the Council Chambers. Standing or The audience is requested to be seate obstructing of aisles is prohibited. Thank you 4*VOLUNTARYREQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK FR( M: Gl� ' /l U- y� b LAI DATE.ADC RE=SS: ��-k% 1� JDIIC�rp, PHONE: —L440 OR, �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. S ature NOTE: ALL PERSONS MAY ATTEND MEETINGS AND AQvr E66 ____.._ 1 -+ - = y INTENDED TO ASSIST THE MAYOR IN ENSURING THAT ALL PEFI:iONS WISHING TO ADDRESS THE COUNCIL ARE RECOGNIZED AND TO ENSURE C_ RRRECT SPELLIN-" OF NAMES IN THE MINUTES. ANY PERSON DESIRING TO ADDREaS-THE -1 -Y _OUNCII_ Upon recognition from the Mayor, please walk to the microphone end stEle your name and address and proceed to comment upon the agenda item you wish to clisc:uss. F ollo sling disc, assion and prior to a vote, the Mayor will recognize any member of the audience who nrishe:; to speak. on the subject. You are welcome to attend all City Council meetings and yon interE!st 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'i3t the desk' of the City Clerk. Council rules call for each speaker to limit remarks to five 451 minutes. The audience is requested to be seated in the Counc;il Chambers: Standing or obstructing ofaisles is prohibited. Thank you VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK DATE: FROM: PHONE: Y6,0 ADDRE ORGANIZATION: — AGENDA #/SUBJECT: n � 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 PERSO Na DA 7 '"' ' "'— IN THE MINUTES. INTENDED TO ASSIST THE MAYLING TO ENSURE ENSURING ORRECT SPELLING OF NAME CO NCIL ARE RE OGNIZE� ANY PERSON DESIRING TO ADDRESS THE CITY COUNC�_l, dress and narne and m the Mayor, please walk to the microphone and state Y°discussion and prior to a Upon recognition from ou wish to discuss. Following proceed to comment upon the agenda item y any member of the audience who wishes to spea< on the subject. vote, the Mayor will recognize all City Council meetings and your interest in the conduct of public business You are welcome to attend is appreciated. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK n � DATE: 3 r FROM:�------------- > PHONE: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: p 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 - ::- - =.=-- r A ___�J MEETINGS AND ADDRESS THE CITY COUNCIL THIS FORM IS INTENDED TO_-fkSSI!;T THE MAYOR IN ENSURING THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL ARE_EiECCOOZED Nil) TO ENSURE CORRECT SPELLING OF NAMES IN THE MINUTES AIJY PER-;QI\I DESIRING TO ADDRESS THE CITY COUNCIL Upor reccc!n t c from the Mayr, pl=ase walk to the microphone and state your name and address and p,oceed to cO r meat upon the aciE,nda item you wish to discuss. Following discussion and prior to a vote, the !Vlayo- veil recognize any rnember of the audience who wishes to speak on the subject. You are welco-ne to attend all Ci-), Council meetings and your interest in the conduct of public business is appreciated, Those \nrho 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. Co„ncil rules call for each speaker to limit remarks to five (5) minutes. The aud'ence is requested to be seated in the Council Chambers. Standing or obstructinc of aisles is prohibited. Thank you ARY REQUEST TO ADDRESS THE CITY COUNCIL TO: 7y CLERK FARC /l: ADC iESS: / DATE: CRG +NIZATION: AGE[ DA #/SUBJECT: --� I expe( t to address the Council on the subject agenda item. Please have the Council Minutes reflect my name rind address as written above. C% _.__ _ Signature I __: MAY ATTEND MEETINGS AND ADDRESS THE CITY COUNCIL. THIS FORM IS INTI_NDEU TO ASSIST THE MAYOR IN ENSURING THAT ALL PERSONS WISHING TO ADDRESS THE UOUNCIL ARE_ET OGNIZED AND TO ENSURE CORRECT SPELLING OF NAMES IN THE MINUTES. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recocn t.cn frorn the Mayor, please walk to the microphone and state your name and address and procE!ed to c orrment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the N a,ror will recognize any member of the audience who wishes to speak on the subject. You ere we come to attend all City Council meetings and your interest in the conduct of public business is appreciated. /l / ///� G�� j_/� Y ! ,7 // V ��'� � //��.w' p/// (JT/✓ ��l/W � / , �� ' + ��'��z �� To f=Rom.- ADDRESS: ORGANIZATION: AGENDA #/SUBJECT. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE: S— Z CI Z!� o PHONE: 6-6' o? /Z 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: A-- '_-i6U %o a Ar A --z � �' V z ��jo A 1_' 0-►.'.1-,zoo - _ r „ � - --') =-=°-= _NTENDED TC_4SS ST THE MAVCIP= IIV _ENSURING THAT NLI_ PERSONS WISHING TO ADDRESS THE COUNCIL ARE_RECZIGNIZED AND TO E N-SLIFIE COl3RECT SWELLING_ OF NAMES IN THE MINUTES. ANY PER'31_ Pl _=)E c RING TO p,l_1DRl:—'SS :THE I1 -Y (,_OUNCtlI, Upon recognition'rom Jie Mayor, plessE� wNE!k to th3 mic�cph:)ne and state your rarre and address and oroceed to commen" upon the Ei(je, da iteri you wish to c iscuss. Following discussion and prior to a vote, the MEyor vr�ll re--ognize E:ri), ITIff-ter of the ,3udieice who wishes to spea< on the subject. You are welccrie to attend all City 1::ouncil nlCetings and YOU' interes`: in the conduct of public business is appreciated. Those who wish :c spl3a< on agenda s-bjec:ts scheduled as public hearings or discussions may complete vo untary Speak pr's Cards at the desk of the City Clerk. Council rules call fa~EAcn speaker to irnit re-na-ks to five (5)minutes. The audience is requested to be seated in tha Council Chambers. Standing or obstructing of aisles is porn bited. Thank ycu I� TO CITY CLERK c- z5x�, \ DATE: ADORE -SS: PHONE: U /—lY�O.► ORUANI TION: AGE # U BJ EPT: I expect to ess the Council on th se ubject--age.Ada item. Please havet e Ooafr-il_Minutes reflect my name and address above. -- Signature )NS WIIS HIN TO ADDRESS T OF NAME IN THE MINUTES. ANY PERSON DESIRING T ADDRESS THE C`:fr name and Y GOUN IL address and Upon recognition from the Mayor, please walk to the microphone and state yodiscuss on and prior to a r of the audience who w shE:s to speak on the subject. proceed to comment upon the agenda itbe you wish to discuss. Fof c,win vote, the Mayor will recognize any mem public business You are welcome to attend all City Council meetings and your interE:st in the conduct of is appreciated. desk' of the City Clerk. ' ish to speak on agenda subjects scheduled he public hearings or Those who vv Baker s Cards a discussions may complete voluntary Sp C;ounc it rules call for each speaker to limit remarks to five 151 minutes.` d to be seated in the Council Chambers. Standing or The audience is requeste obstructing of aisles is prohibited. Thank you ORDINANCE NO. 2 (1994) 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. 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. May 2, 1994 Changes appear as follows: StriketAs from 4119M City Couneil Meeting Additions from 4119194 CYty Council Meeting Seams n 2. The City Council hereby finds and teg orically determines that the adoption of this Ordinance is ca 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. added to Section 3. A new Chapter 22.54 is hereby 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: I. purpose and Intent 2. Definitions Standards Single -Family 3. 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 t of Diamond Bar. Such deterioration may lead to an overall Ci y decline of aesthetic quality within the City including the quality of the appearance of residential, commercial and conditions of industrial neighborhoods. Further, deteriorating 2 May 2, 1994 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 Purpose 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 3 May 2, 1994 defined as set out in this section. Words used in the singular include the plural and vice versa. 22.54.030 Nuisances in General ��anything which State law defines a "nuisance" as being injurious to health, or is indecent, or offensive to the is 7 so as to senses, or an obstruction to the free use of property, as t interfere with the comfortable enjoyment of life or property-" Cal. Civ. Code §370 (1992); Cal. Penal Code § 3479- 22.54.040 Public Nuisance A public nuisance affects an entire community or same t the neighborhood, or any considerable number of persons a ance or damage inflicted time, although the extent of the annoy upon individuals may p, public be unequal. Cal. Civ. Code § 3480. nuisance is an act or omission which interferes with the interests of the community or eawr_ } Baa. interferes with the public health, fare safety, and wel. 22.54.050 Nuisance Per Ss 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 May 2, 1994 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 May 2, 1994 ��Rear yard means a yard extending across the full (cot between in building, width of a 1 the rear lot line and any mato the side lot including the projections of the main building lines except as noted in 2 above. (See Diagram A) 22.54.090 Code Enforcement 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-FAMILY STANDARDS Sections: 22.54.100 Scope - e --Front yard/side yard abutting a 22.54.110 Storag street. le parking. 22.54.120 Motor vehic.nance. 22.54.130 Building 22.54.140 Landscape maintenance. 22.54.150 Fence and wall maintenance. 22.54.100 SCOPE The standards specified in Part 2 shall apply to lots or pCity designated as single- allparcels within the less family, and shall govern over any inconsistent, 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 May 2, 1994 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, view -obscuring 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, commercial trailer or related commercial equipment for any period in excess of 72 hours provided that no more than two May 2, 1994 7 such permitted vehicles may be parked on any such lot or parcel at any one time. 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 May 2, 1994 8 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 material, as permitted by applicable law. Part 4 MULTIFAMILY STANDARDS Sections: 22.54.160 Scope. 22.54.170 Storage-Yards and carports 22.54.180 storage -Garages 22.54.190 Motor vehicle parking 22.54.200 Building maintenance 22.54.210 Landscape maintenance 22.54.220 Fence and wall maintenance similar areas 22.54.230 Maintenance of parking 22.54.160 Scope ied in Part 4 shall apply to all The standards specif 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, 9 May 2, 1994 debris, trash storage receptacles, inoperative motor vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, 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 May 2, 1994 10 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. 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. May 2, 1994 11 22.54.220 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 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 Maintenance 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 hborhood and to protect from the appearance of the immediate neig 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 May 2, 1994 part 5 COMMERCIAL STANDARDS sections: 22.54.240 Scope' 22.54.250 Storage in yards. parking - 22.54.260 Moto r vehaint nance. 22.54.270 Building maintenance. 22.54.280 Landscape 22.54.290 Fence and wall maintenance similar 22.54.300 Maintenance of parking and 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 11 overn over any inconsistent, less stringent provisions sha g contained in this Code - Storage in yards. 22.54.250 roved All storage within front and side yard areas app b the City or permitted by the zoning ordinance shall be Y ntained in a neat and orderly fashion and shall contain only mai or owned by the items and/or vehicles incidental to the business, 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 en pedestrian walkway of a width of not less than 36" yard, an o p shall be maintained for public safety access purposes. 13 May 2, 1994 B. No person shall park or store any commercial vehicle, trailer or related equipment for any period in excess of ch permitted vehicles 72 hours provided that no more than two su 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 hborhood maintained in a manner so as not to detract from the neig 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 free of weeds, debris and dead, diseased condition, substantially d ing vegetation, and broken or defective decorative elements or y areas shall e Foliage in landscaped of the landscaped area. the same mowed, groomed, trimmed, pruned and watered as to keep in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. 14 May 2, 1994 22.54.290 pence and wall 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. 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. 22.54.300 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 May 2, 1994 Part 6 Industrial standards Sections: 22.54.310 Scope - 22.54.320 Storage 22.54.330 Motor vehicle parking. 22.54.340 Building maintenance. 22.54.350 Landscape maintenance.30 Fence and. arking and similar areas 22.544.370 Maintenanceaof paintenanc . 22.5 22.54.310 to all The standards specified in Part 6 shall apply is or parcels within the city designated as industrial, and to stringent provisions shall govern over any inconsistent, less contained in this code. Storage in yards 22.54.320 the City or All storage within yard areas approved by b the zoning ordinance shall be maintained in a neat permitted Y items and/or vehicles and orderly fashion and shall contain only 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 paved area which is in compliance or parcel shall occur upon a roved by the with all applicable codes, unless otherwise app planning C ommission and/or City Councione side l. If parked on 11 en pedestrian walkway of a width of not less than 36 o yard, an P shall be maintained for public safety access purposes. 16 May 2, 1994 22.54.340 Building Maintenance All buildings, structures and paved areas within any lot or parcel designated as industrial 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. 22.54.350 Landscape maintenance All landscaped areas within the front yard of any lot or parcel designated as industrial 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 so as to prevent public health or safety hazards. 22.54.360 Fence and wall maintenance 17 May 2, 1994 A. All fences and walls upon any lot or parcel designated as industrial 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. 1. sagging, broken, rotted or defective support posts 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. 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. 22.54.370 Maintenance of parking and similar areas All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as industrial 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 18 May 2, 1994 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. DIAGRAM A ILLUSTRATION OF LOT LINE AND YARD DESIGNATIONS Street (Curb face) May 2, 1994 19 U �_ Front Lot Line • . rA i FRONT YARD a.r ' — — — — — — — — — — — — — — — • • � � � 1riL'111r � I w I BUILDING ' � � q ' i I W ' REAR YARD i o Rear Lot Line �4 May 2, 1994 19 U Part 7 ABATEMBN'r PROCEDURES Sections: 22.54.400 Procedures for Abatement of Public Nuisances 22.54.410 Appealsthe City 22.54.420 Abatement of Public Nuisance by oas Public 22.54.430 �isancet of Imminently Danger unt of Abatement 22.54.440 AccoSpcialCosts Assessment ent. 22.54.450 Procedure forrposed Assessment Abatem 22.54.460 Hearing on Prop 22.54.470 Contest of Assessment Taxes 22.54.480 Notice of Lien alar tion with Reg 22.54.490 Procedures for rivateeParties 22.54.500 Remedies 22.54.510 Right of Entry Violations 22.54.530 PenaltY 22.54.520 Continuifor Violation 22.54.540 Injunction 22.54.550 Severability ublic nuisance; 22.54.400 Procedures for abatement of or nuisances Be. whenever the City Manager or designee has inspected or caused to be inspected any property and has determined that an 1 condition constituting a public nuisance or nuisance per unlawfu use the se exists thereon, the Code Enforcement Official may procedures set forth in this section for the abatement of such e ublic nuisan public nuisance; provided, however, that if the p is determined to be imminently dangerous to life or adjacent ir or isolation► ert and to require immediate removal, repa prop Y be used by the the procedures set forth in this ordinance may Code Enforcement Official. (A) HEARING NOTICE 1, where the Code Enforcement Official determines that e public nuisance or nuisance per se exists, he shall so advise 20 May 2, 1994 agent, lessee, occupant or orally the affected party, (owner(s ), person(s) in possession of the affected properties as shown on P and shall give not less the latest equalized tax assessment role) tha n 7 days written notice by mailing the same to the owner's and further, within the same time address as indicated thereon, property, period, by conspicuously posting on the affected pro P building or structure a copy of the notice. 2. Both the oral and written notice shall indicate the ed nuisance, the description of the property nature of the alleged lace of the involved, and the designation of the time and p and hearing to determine whether the same constitutes a nuisance to, be a the manner of its proposed abatement if the same is found nuisance. order of abatement shall be 3, The written notice and and certified mai served to the affected party by regular , the failure of any person to receive a notice shall not however, ter. affect the validity of any proceedings under this chap (B) CONDUCT 1. The hearings to determine whether a nuisance exists shall be conducted by the City Manager or his duly authorized Off icer. The representative, who shall act as the Hearing in Off icer is authorized to take testimony and in the course Hear, g 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 Officearty. If shall offer a mediation procedure to the affected p mediation is refused, or is unsuccessful in alleviating the unlawful condition, then the matter shall proceed to hearings - 21 May 2, 1994 In no event shall the mediation process delay the hearing process for more than 30 days from the date initially set for hearing. 3. At the hearings, the Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give an interested person a reasonable opportunity to be heard in conjunction therewith. All witnesses are subject to cross examination. Based upon the evidence so presented, the Hearing Officer shall determine whether a nuisance within the meaning of this chapter exists. 4. The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in this chapter. (C) ORDER OF ABATEMENT within five working days of the The.Hearing officer shall, itten notice of his decision by hearing, give a copy of the wr regular and certified mail to the owner(s ) and a copy to any other person requesting the same. The decision shall contain an order of abatement, if a nuisance is determined to exist, or the person directed to the owner(s) of the affected property in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner tice of the period of limitation for for its abatement. No judicial review, as prescribed in §2, Shall be provided in the (See exhibit A for a sample form of note.) notice and decision. (D) EXTENSION OF TIME TO PERFORM WORK. upon receipt of a written request from any person required to comply with the notice and order, the Hearing officer may grant an extension of time within which to complete the 22 May 2, 1994 abatement, if the Hearing Officer determines that such an extension of time will not create a situation imminently angerous 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 affecte 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 erties in the same vicinity and under identical zoning Pro p classification. b) A determination that an extension of time is necesfart ( e rty right o for the preservation of a substantial prope applicant, such as that possessed by owners of other property or in the same vicinity and zone - (c) c) A determination that an extension of time would not be terially detrimental to the public welfare or be injure ous ma to other property or improvements in the same vicinity an zone. 23 May 2, 1994 Exhibit "A" Example of Notice "NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE TO THE OWNER(S), AGENT OF THE OWNERE CRI, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER ated in ity The building, structure, improvement, or property which is the subject of hisBe C OCKTRACT and of Diamond Bar, Los Angeles County, California, on premises described as LOT_, commonly known as YOUR ATTENTION IS HEREBY DIRECTED to the provisions of- of the Municipal Code of the City of Diamond Bar, California on file in the office of the City Clerk in the City Hall. Pursuant to the provisions of _, you are hereby notified that thviolations consist of--- NS (DESCRIPTION OF UNLAWFUL 'fled and ordered to abate the above specified conditions by taking the following actions (s): You are further note DESCRIPTION NLAACTIONS WFUL CONDITIONSRY (TOO ABATE ) Such action(s) must be completed within (insert time period) days from the date of your receipt es this e property free of any of the unlawful conditions described notice and order, and thereafter you must maintain tpermits 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. the undersigned shall In the event you fail to complete such work within the time hereinabove mentioned, ill be a lien upon the property cause the appropriate action a be taken and completed, the chges therefor w the P ublic right-of-way or sidewalk in the event the public or upon the lot or parcel of land adjoining and abutting right-of-way or sidewalk is to be cleaned or otherwise protected. holdin record title or having any interest in the property may appeal You are advised that any person(s) g from this notice and order, or any determination of the Hearing Written noCAof such hcer to e appeal must ust belffiled n the Office of days from the date of service of this notice and order. le Drive, Suite 190, Diamond Bar, CA the Planning Commission Secretary n the City Hall at , the toE. Copley n the Office of 5. If no appeal is filed within the time prescribed, the may be determinationofag theHearing officerpshall be final. 91765.P You are further advised that this notice and order may be the County Recorder. DATED This day of 19_ - Hearing Officer 24 May 2, 1994 22.54.410 Appeals. Within ten days after the date of service of the notice and order described above, the owner(s), agent of the owner, lessee, occupant, or person in possession of the property who may have been served with a notice and order, or any person interested in the pro ert affected by such notice and order P y may appeal to the Planning Commission, or the City Council, if applicable as to the requirements of such notice and order. Such appeals shall be in writing, shall state the objections Of the person filing the appeal, shall be filed with the Planning Commission Secretarywithin the time specified herein P Presented to the PlanningCommission b � and shall be y the Planning Commission Secretary at its next regular meeting. The Planning Commission shall thereu o proceed to hear and act upon appeal. P on the a ealn The Planning Commission shall, by resolution, determine whether the Code Enforcement Official shall. proceed in accordance with the notice and order as given, or as modified by the Planning Commission, or not at all, and its decision thereon be final and conclusive. shall The hearing may be continued by the Planning Commission from time to time as it deems necessary. The action of the Planning Commission may be appealed to the City Council in accordance with the procedures followed for an appeal The Planning Commission decision is fnalto the Planning Commission. unless appealed within 10 days. Limitation of filing judicial action. Any owner(s) or other interested person having an objection to the final decision o Council in ordering the abatement of an f the City y public nuisance or nuisance per se under the provisions of this Chapter must bring an action to contest such decision within ninety (90) days after the date of such decision of May 2, 1994 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 dan erousublic 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, May 2, 1994 26 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 abatement 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 attorney's fees, claims against the city arising as a consequence of the public 27 May 2, 1994 nuisance, clerical and administrative cost, and procedures associated with collecting moneys due hereunder. (B) Upon completion of the abatement work, the City Manager or his/her designee shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of the persons entitled to notice pursuant to this Chapter. Any such report may include costs on any number of properties, whether or not contiguous to each other, and whether or not under the same ownership. The report shall be filed with the City Clerk. 22.54.450 Procedure for s ecial assessment (A) Hearing Notice. Within ten days after the filing of the report referred to herein, the Planning Commission Secretary shall fix a time and place for hearing and passing upon the report. The City Clerk shall cause notice of the proposed assessment, as set forth in the report, to be given to the owner(s) in the manner specified herein. Such notice shall contain a description of the property sufficient to enable the persons served to identify it, and shall specify the day, hour, and place when the Planning Commission will hear and pass upon the report, together with any objections or protests which may be raised by any persons liable to be assessed for the costs of such abatement. Notice of the hearing shall be given not less than fifteen (15) days prior to time fixed by the City Clerk for the hearing, and shall also be published once, at least fifteen days prior to the date of the hearing, in a newspaper of general circulation published in the community. 28 May 2, 1994 (g) Protests. Any interested person may file a written protest with on the Cit Clerk at any time prior to the time set for the hearing the Y City Manager. Each such protest shall contain a report of the signing the protest is in which the person sig description of the property Clerk shall endorse interested and the grounds of such protest. The City on every such protest the date and time of filing, and shall present such protest to the Planning Commission, or City Council, if applicable, at the time set for hearing - 22.54.460 Hearin on ro osed s ec'al assessment hearing, the Planning Upon the day and hour fixed for the Commission shall consider the report of the Code Enforcement Official, ether with any protests which have been filed with the Planning tog make such revisions, Commission Secretary. The Planning Commission may and when corrections, or modifications in the report as it maY deem just, in Commission is satisfied with the correctness of the r as the Planning ssment, as submitted, o assessment, the report and the proposed asse revised, corrected, or modified, shall be confirmed by resolution. The decision of the Planning Commission, or City Council, if applicable, on and the assessment and on all protests shall be final and the report Commission conclusive, unless appealed to the City Council. The Planning ma continue the hearing from time to time as it deems necessary. Y 22.54.470 Contest of s ecial assessment. provisions of The validity of any assessment levied under the p action or proceeding unless this Chapter shall not be contested in any days after the such action or proceeding is commenced within thirty assessment is confirmed by resolution of the Planning Commision. All s 29 May 2, 1994 interested persons shall be given notice of the final determination and the time limitation for judicial review. 22.54.480 Noti a of lien --- Forts and contents (A) Notice of Lien. Immediately upon confirmation of the assessment by the Planning Commission, the City Clerk shall execute and file in the office of the Los Angeles County Recorder a certificate in substantially the following form set forth in Exhibit B. 30 May 2, 1994 Exhibit B Example of Notice "NOTICE OF LIEN e City Manager by the Provisions of of the Pursuant to the authority vested in th 19_1 abated the public nuisance upon the Diamond Bar Municipal Code, on or about the _day Of by taking the following actions (s): dress real property commonly known as (ad ran art thereof, and the City of Diamond Bar does hereby claim a lien on the The same has not been paid no y P ro for the net expense of the doing of the abatement in the amount of $, and this amount real Property , with interest at the rate of six percent shall be a lien upon the real property until the sum of $ 19_, has been Paid in full and discharged of record. (6%) per annum from is that certain parcel of land ert herein before mentioned, and upon which a lien is claimed, The real propertY all described as follows: in the City of Diamond Bar, County of Los Angeles, State of California, and legally Dated: this . day of (DESCRIPTION) FINANCE MANAGER, CITY OF DIAMOND BAR (ACKNOWLEDGEMENTY 31 May 2, 1994 (B) Recordation. Immediately upon the recording Of the notice of -lien the assessment shall constitute a lien on the real property assessed. xes 22.54.490 Procedures for collection with re lar Finance Director (p,) Assessment Book. After recording, the eles County, shall deliver the notice of lien to the auditor of Los k o osite the who shall enter the amount on the county assessment bo be colected description of the particular property, and the amount shall together with all other taxes against the property. (B) Collection. The amount set forth in the notice of lien as shall thereafter be collected as the same time and in the same maner me ordinary city taxes are collected, and shall be subject to the s penalties and interest and to the same procedure under foreclosure and sale in case of delinquency to the levy, collection and enforcement o 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 rivate arties The provisions of this Chapter shall in no manner adversely affect the right of the owner(s), lessee, or occupant of any such 32 May 2, 1994 property to recover all costs and expenses imposed by this Chapter from responsible for creating or maintaining the public nuisance. res any person P 22.54.510 Right of entry tate and Federal law. (A) Shall be governed by all applicable Sincluding an owner(s), (g) It shall be unlawful for any person(s), agent of the owner(s), lessee or anyone in possession of any property within the City to refuse to allow the Code Enforcement Official, or a contractor engaged by the city, consistent with this to enter upon the property erty at any time during the hours ordinance, ublic nuisance or of daylight for the purpose of the abatement of a P obstruct, impede or interfere in any manner with the Code to the city, in any or a contractor engaged by Enforcement Official, ter. work undertaken pursuant to the provisions of this Chap 22.54.520 Continuin violations. it shall constitute a continuing and until the violation is abated and shall be punished violation unless accordingly. 22.54.530 Penalt for violation 1 with any provision or No person shall violate or fail to comply Code. Any person who shall violate or fail to comply requirement of thisuilty of a with any provision or requirement of this Code shall be g 33 May 2, 1994 misdemeanor. However, any provision of this Code may be prosecuted as an infraction at the discretion of the Prosecuting Attorney. 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 May 2, 1994 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 May 2, 1994 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 Consent Calendar items or matters of interest to the public, which are not on this evening's agenda. 2. Public comments on scheduled matters will be heard in conjunction with the respective agendized subject. 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 Coun it appr iates your cooperation. Clair W. Harmony Mayor Pro Tem Ic � ice " - Eileen R. Ansari Councilwoman Phyllis E. Papen council o ry G. Mill Councilman CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION FEBRUARY 24, 1994 CALL TO ORDER Chairman Schey called the meeting to order at 7:18 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairm< BOLL CALL Present: Chairman Schey, Commissioners: Ruzicka and Goldenberg Vice Chairman Johnson arrived at 7:45 p.m. Staff: Community Services Director Bob Rose; Administrative Assistant Sandy Barlow; Recreation Supervisor Marla Pearlman; Recording Secretary Liz Myers Absent: Commissioner Medina (excused) MATTERS FROM THE AUDIENCE - None MINUTES 1. Minutes of January 27, 1994.3 C/Ruzicka requested that the minutes of January 27, 1994 be amended on page 5, fourth paragraph, to replace the word "mediate" with "mitigate"; and on page 9, under Announcements, to reword the third paragraph, to read, "C/Ruzicka suggested that there be some consideration to having Mr. Armentrout, the City's Emergency Coordinator, attend the Parks and Recreation Commission meeting to provide suggestions regarding the use of parks for refuge in emergency situations. Moved by C/Goldenberg, seconded by C/Ruzicka and carried unanimously to approve the minutes of January 27, 1994, as amended. February 24, 1994 Page 2 NEW BUSINESS 2. Disaster Preparedness Mr. Armentrout, the City's Emergency Coordinator, He seated that main n on the Parks and Recreation's role in disasterpreparedness. responsibility for Parks & Recreation) Dsp aremand shelteents, or r mmunity He explained that, Services Departments, in most cities in Califo in a time of crisis, the Department Head would contact the Red Cross, which has already redesignated the High School and sand e Middle i ting up the shelters shelters If and assist in organizing the distribution of food those predesignated shelters are damaged, then the City Council and the City Manager would need to declare a local emergency that She et the the Parks nation & aRecaeatioon set up tents in the parks. He suggested Commission could encourage the public to volunteer to assist in the area of care and shelter. C/Ruzicka suggested that it may be beneficial if Mr. Armentrout was able to provide a similar presentation to all of the City's Commissions, perhaps on an annual basis, and provide an update on the Disaster Plan. Parks and Mr. Armentrout offered to come eback isastern Plan with the Commission, Commission meeting to review th highlighting the sections relating to the Parkrs& Recreation Depa t sent. the He then reiterated the importance of seeking ore Disaster program. C/Goldenberg suggested that perhaps its should be r recommmber ended ded to the from City Council to create a subcommittee consisting of ach Commission, and volunteers from the general public, to discuss needs and ways to continue planning for an emergency. Moved by C/Goldenberg, seconded by C/eachcka of tnd he carried Comm ss ons form to recommend to the City Council thatwith subcommittee for disaster preparedness that ill met on a Phe arks regular and basis tion the Emergency Services Coordinator - and Recre Department Head, to bring back suggestions to each respective Commission has to how that Commission could assist in disaster preparedness. C/Ruzicka volunteered to be on that subcommittee if it is formed. February 24, 1994 Page 3 OLD BUSINESS 3. Priorities Matrix CSD/Rose reported that the finalized list of priorities projects will be forwarded to the City Manager and City Council for consideration for the 1994/95 fiscal year budget. VC/Johnson, a member of the Commission's subcommittee, explained that the list includes more than just the top ten projects so that all projects are addressed as money becomes available. He then stated that item #18 should be amended to indicate "physically and developmentally challenged." CSD/Rose stated that item #5 should be modified to indicate,"Installation of Top Soil/Drainage at Peterson Park" because standing water in the playing fields of the park remains a problem. He suggested that the Commission may want to consider placing this item before item 4, "Install Ball Field Lights at Peterson Park", because it will be difficult to increase playing capacity if the fields are in poorcondition. He explained that much of the drainage problems at the park is a result grading, the lack of drains, and the lack of top soil during development of the park. C/Ruzicka questioned how much of the park becomes unusable because of the top soil problem in comparison to how much of the park will become usable as a result of the installation of additional lights. VC/Johnson pointed out that installing lights, which is a CIP project, increases the City's ability to develop adult programs that would play after dusk. He expressed concern with delaying an opportunity to expand the City's recreation program. He inquired how much each of the projects would cost. CSD/Rose stated that the ball field lights are estimated at a cost of $140,000, and the top soil is estimated at a cost of $300,000. Chair/Schey pointed out it is not known how long it will take to modify the drainage system and improve the turf condition; however, the lights can be installed now, which increases the playability of the park. He noted that there are fairly inexpensive drainage systems that can be utilized in specific areas without disrupting the playability of the fields. February 24, 1994 Page 4 It was the consensus of the Commission to leave items #4 & 5 in their present order in the Priorities List. budgeted to CIG oldenberg requested staff to review which items are currently be funded. Complete items that are budgeted: item 43, Comp CSD/Rose reviewed the following an; item #8, Shade ment of Pantera Park; item #4, Install Ball Fiel Lig is at Peterson Park; Develop rounds at Ronaldparks; item item #6, Install Drainage in playgrounds , Retro -fit County ns at City Structure at Peterson Parkitem Canyon Road at Heritage Park; item ac Retro- fitSecurity Lights along compliance; and item #17, Rep fit Parks/Playgrounds for ADA comp Basketball Nets with Nylon Nets. by VC/Johnson, seconded by C/Ruzicka and carried unanimously be Moved for the list of prioritized projects recommend to the City Council that funding item #5 to indicate Top #18 to indicate "physically and developmentally included in the 1994/95 fiscal year budget, amending Soil/Drainage; and item challenged." 4, Commission Handbook draft COPY of the received CSD/Rose reported that the CO mmsl oa n Handbook for review and for any revised parks and Recreation CommISS additional input. e noted that the titles, locations, and dates throughout the document Chair/Sch Y should be updated. to Moved by C/Ruzicka, seconded by VC/Johnson and carried unanimously les, the Parks and Recreation Commen ° andap resenting adrevl sed COPY accept locations, a�dss on at the ates throughout ext meet ng um to the Com INFORMATIONAL ITEMS 5. 1990 Census Information February 24, 1994 A VA 0 Page 5 CSD/Rose stated that the 1990 census information, as requested by C/Ruzicka, breaks down the various ages of youth, compares the youth population with other age groups, and classifies the population by age, race and sex. n is en the es The Commission noted a verifies eheat thajority of the need to expand the'�ecreationeprogram gby of 30 and 50, which providing night time and weekend activities. Chair/Schey declared the information as considered received and filed. Arbor Day Celebration - 3/13/94 CSD/Rose reported that, as part of the Route 60 Freeway Environmental Enhancement Project, 95 fifteen gallon and 24 inch box trees will be planted around the parameter of Peterson Park, to be paid for by the State. He stated that a number of volunteer groups will be assisting staff in planting the trees on Sunday, March 13, 1994 at10:00 �a m. He then stated that smaller trees to be planted oDn�he slopes at n Schad has volunteered to donate additional Peterson Park. 5th Anniversary Celebration - 4/17/94 AA/Barlow reported that the theme for the 5th Anniversary Celebration is to celebrate the cultural aspect of the City. She stated that the event will be called Diamond Bar's Passport othe ted to se� up„booths, havethe gamese anred community/cultural groups w be inv perform at the event. Recreation Program Up -date a. Athletics/Recreation Classes RS/Pearlman presented the staff report reviewing the success of the Contract Classes. She reported that the Youth, Track & Field Meet has been rescheduled for April 23, 1994, and that youth Baseball registration has been scheduled for May7, for 1994 9non-residents.o00 a.m. to noon for residents and from noon to 0 VC/Johnson inquired if there is an Adult Country Line Danding .class offered. February 24, 1994 Page 6 RS/Pearlman stated that a beginning and intermediate adult class is offered at Diamond Point Elementary on Wednesdays. b. Tiny Tots/Adult Excursions AA/Barlow reported that the Tiny Tot program is doing well. AA/Barlow reported on the following scheduled Adult Excursions: the Orchid Show, scheduled in March of 1994 in Santa Barbara, is full; the Richard Nixon Library trip is coming up; and the Mammoth Weekend trip is scheduled for April 8, 1994. C. Senior Citizens CSD/Rose reported that Waste Management trash haulers will be donating a 26' x 8' storage container for the Heritage Park Community Center to store chairs, disaster preparedness supplies, and food that will be distributed later that same day. EMERGENCY AGENDA ITEMS Moved by VC/Johnson, seconded by C/Ruzicka and carried unanimously to place an additional item on the agenda for discussion. 9. CSD/Rose reported that staff received letters from two non-profit service organizations seeking waiver of fees for use of Heritage Park Community Center for fundraiser activities. He expressed concern that giving prime time hours to non-profit groups for fundraisers takes away from the City's ability to collect the funds necessary to maintain the building. He stated that, after reviewing the facility use policy, staff is recommending that the facility use policy be amended as indicated int he staff report, allowing a waiver of room rental fees one time per calendar year, equivalent to eight hours of use. Moved by C/Ruzicka, seconded by C/Goldenberg and carried unanimously to approve the modification to the facility use policy as recommended by staff. ANNOUNCEMENTS VC/Johnson stated that he received a request for benches outside of the Heritage Park Community Center. February 24, 1994 Page 7 t staff is currently investigating that possibility. He explained that CSD/Rose stated tha Subcommittee of the City Council had also received the same a member of the Senior request. nced that the CalFest Conference is scheduled in San Luis Obispo. VC/Johnson annou Preparedness CI Ruzlcka reiterated his desire to volunteer on the Emergency Subcommittee, if it is formed. CSD/Rose suggested that the meeting be adjourned to March 17, 1994 for the Pantera Workshop. Chair/Schey stated that there will be a reorganization of the Commission at the next Regular Commission meeting. in ceremony for in -coming City Council meeting, CSD/Rose reported that theas well as presenting City Tiles for y will be a swearing - commissioners at the nextC to out -going commissioners. ADJOURNMENT to adjourn Moved by C/J ohnson, seconded by C/Goldenberg and carried unanimously the meeting at 9:11 p•m• Respectfully Submitted, Bob Rose Secretary Attest: David Schey Chairman CITY OF DIAMOND BAR AGENDA NO. L -2 -- AGENDA 2 - AGENDA REPORT TO: Terrence L. Belanger, City Manager PORT DATE: April 28, 1994 MEETING DATE: May 3, 1994 Frank M. Usher, Assistant City Manager FROM: David G. Liu, Senior Engineer TITLE: Engineering Services Contract For the Development and Implementation of a Pavement Management System requirements of Proposition 111 for State Gases tha d has and �in place a SUMMARY: In aCCOr�"ce e criteria with the R rn Guidelines, local jurisdiction must certify e fY prior to expending stipulated by the Proposition C Local public funds p stem, a pavement management system (PMS) This is to foster the cost-effective use of P the street pavem system needs to provide an overview of the condition of the prioritizing o street gsy Proposition C funds. The Y and a means of rationally p sand cost-effectiveness. To accomplish this work, it is the e� on means of documentinto g street maintenance/ rehabilitation needs, Request for Proposal, improvement projects in terms firm. In response to the City s eq retain the services of a qualified engineering Committee received and evaluated four (4) proposals for said services• rofessional engineering services amount not -to -exceed $37,020.00, plus a contingency amount RECOMMENDATION: It is recommendedin thatthe City Council awaynhat a P contract to Dwight French and Associates of $3,000• Notification s of X Staff Report _Public Hearing Clerk' LIST OF ATTACHMENTS:_ office) Bid Specifications (on file in City _ Resolution(s) X Other: (ATTACHMENTS 1-2) Ordinances(s) — X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Has the resolution, ordinance or agreement been reviewed by the City Attorney? Does the report require a majority or 4/5 vote? Has environmental impact been assessed? Has the report been reviewed by a Commission? Which Commission? the report? Are other departments affected by Po Report discussed with the following affected departments: 1. 2. 3. 4. 741 REVIEWED BY: ]anger Frank M. Usher JMWenc"eL. Assistant City Manager City Manager C:\WPW\LINDAyAY\AGF3NDA-9\PMS .503 X Yes _ No Majority Yes X No YX No Yes X Yes _ No f David lu Senior Engineer CITY COUNCIL REPORT AGENDA NO. W-CrMG DATE: May 3, 1994 TO: Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager FROM: lementation of a Pavement Engineering Services Contract For the Development and In SUCT' Management System ISSUE STATEMENT: management system. To accomplish this work, The City desires to development and implement a pavement it is necessary to retain the services of a qualified engineering firm RECOWVVg1,4DATION't to Dwight French Professional engineering services contras It is recommended that the City Council award a P jus a contingency amount of $3,000. and Associates in an amount not -to -exceed $37,020.00, P FINANCIAL SUMMARY : Proposition C Fund has been budgeted for the development and implementation of For FY 1993-94, $0�ys opo a pavement management BACKGROUND'DISCUSSION: stipulated at it has in place a Pavement ents of Proposition 111 for State Gas Tax Fend and the criteria In conformance with the requirements local jurisdiction must cern Y by the Proposition C Local Return Guidelines, ublic funds prior to expending ent System (PMS) • This is to foster the ocn t�eeetheavuse used by public transit or on bikeways. Managem Y Proposition C funds for street repair and maintenan Proposition 111 (Streets & Highways Code uirement for a PMS is consistent with the PMS required by Po This req criteria: Section 2108.1) and must meet the following arterial and collector routes, reviewed and 1 • Inventory of existing pavements including, as a minimum, updated biennially. biennially - 2. bikeways (Bike Path), reviewed and updated 2. Inventory of existing class I CITY OF DIAMOND BAR ES PAV EMENT MANAGEMENT SYSTEM ENGINEERING SERVIC PAGE 2 nt conditions including, asa, minimum, arterial and collector routes, 3. Assessment/ biennially of pavement reviewed and updated biennially. replacement - 4. of all sections of pavement needing rehabilitation or rep 4 Pavement for needs for rehabilitation or replacement of deficient sections of 5 , Determination of budgetiennial periods) current and following r -based pavement management system will provide the following: As can be expected, a compute A means of documenting street maintenance/rehabilitation needs and a basis for organizingand Planning • the City's street maintenance/rehabilitation program - stem. stem. • An overview of the condition of the total street sy ment projects in terms of needs and cost- • A means of rationally prioritizing the street improve P effectiveness. In Attachment 1, staff has identified the goals and objectives of implementing a pavement management system for the City. P � retain an engineering firm to develop and request for proposal (RF) 4 Proposals were received On February 2, 1994, staff initiated nt system- In response to the RFP, a total of four () P p° implement a pavement Man ag and evaluated by the Selection Committee. staff members, Frank Usher and David Liu, and Commisinvited sioner The Selection Committee consisted of two (2) Ws, the Committee Todd Chavers. Based on the pT°p°1994 and April 11, 1994• of the Traffic and Transportation Commission, all four (4) firms for interview/presentation and further consideration on April These firms are as follows: • BSI Consultants • Dwight French andAssociatess, Inc. • Pavement Management • UMA Engineering, Inc. ed to identify a system the City, the Selection oCt haves the attee bility for a complex system With the goals and objectives established by size, w Consequently, We Based on the current staffing lex data iegiurements. which best fits our needs. a long learning curve or for come to access, edit and operate. that requires constant attention, is simple to use, and is easy need a system that is a proven CITY OF DIAMOND BAR ES P AVEMENT MANAGEMENT SYSTEM ENGINEERING SERVIC PAGE 3 objective satisfaction matrix (Attachment 2) was prepared. This reflects Upon evaluation of all four firmsqualitative criteria. the Committee's objective and Heves that the system by Dwight French and Associatesr�ure provides the methodology, software, and p The Selection Committee unanimously DFA's system p stem operates entirely represents the best choice for the City. the City. It should be noted that thoperates with AutoCAD. to meet the goals and objectives established by package uter-based system running dBase IV and that the graphics within a microcomp ro The City currently has both of these software Programs. , �guna Niguel, Pavement management system are o p Development and Some of the cities that haveimplemented fee from DFA's p completed within seven (7) months from the date Th p sed fee from Dwight Frenbceh andpAssociates is $37, Temecula, etc. system is scheduled to implementation of this proposed y of Notice to Proceed. Prepared By: Yank M Ler David Q. LLiu C:\HP60\LINDAKAY\CCR-94\PMS.503 ATTACHMENY #1 GOALS & OBJECTIVES OF IMPLEMENTING A PAVEMENT MANAGEMENT SYSTEM GOALS: • Quantify pavement conditions of all streets. • Determine the impact of budget levels on pavement condition. • Develop a program for annual and 5 -year plans of maintenance and rehabilitation projects. • Establish a system which is compatible with the City's GIS/Mapping System. OBJECTIVES: • Inventory of existing pavements. • Assessment of present conditions of overall street network as well as individual sections. • Projected conditions of overall street network and individual sections. • Identification of individual sections requiring maintenance and rehabilitation in current and future years. • Determination of budget needs to provide an acceptable level of service. • Impact of various budget levels and maintenance options on projected condition of the network. • Preparation of the budget based on the PMS and submission of it to the City Manager/City Council. • Provisions for future modifications and improvements to the system. m m O m D m m z m D c c O z 'O � C D W D O p0 Z Or. z z N O 0 to C I O 619 cyl OD W W -1 O --% O A O C) O 0 y A w N T em % a � w Cil ee A N N W N N N W CD -b- CT C/3 hpm f@O� O O O OCA ti N OD N 0 N OD O O O O % r � d Ol �pa 5 c Esti e 4s W W '13 cn 02 3 ka I� 0 c 0 C C) x C 0 XG�fbo All �e�f q, M o t j c0 c0w s` 46 �6 0 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of , 1994, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and Dwight French and Associates, Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional engineering services with respect to the Development and Implementation of a Pavement Management System ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct of copy of which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional engineering services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional engineering services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: 1 B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional engineering services as are necessary to be performed by CONSULTANT in order to complete the Project. (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings will be determined by the CITY. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY and in accordance to the standard of care normally provided by practitioners of the engineering profession. 2 (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" to CITY within the time specified by the CITY. Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $37,020 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, M shall be made in accordance with the schedule set forth belITY in (b) payments to CONSULTANT shall be made by a monthly accordance with the invoices submitted bWCONSULTANT, on basis, and such invoices shall be paid within thirty (30) days of invoices. The CONSULTANT shall detail the receipt of CONSULTANT and employee number, hours worked, project task it charges by prof if ions, total not to exceed amount for the project ed if it classifications, and percent completed is a time -and -material basis project, charges shall be in accordance is a lump sum basis project- All respect to hourly rates or with CONSULTANT'S prop°sal either with tasks. lump sum amounts for individual in no event, shall CITY (c) CONSULTANT agrees that, a to CONSULTANT any sum in excess of 90% of the be required to pay CITY of all final maximum payable hereunder prior to receipt by supplemental technical documents, as documents, together with all Supp to CITY. Final form and content in described _herein acceptableSixty (60) days after made not later than payment shall be CITY. ion of final documents and acceptance thereof by presentation ipayments for additional (d) Additional services: by CITY, and not included in requested, in writing, shall be services Exhibit "A" hereof, CONSULTANT'S proposal as set forth in services Charges for additional paid on a reimbursement basis. on a aid by CITY invoiced monthly basis and shall be p shall be t g0) days after said invoices are received by CITY. within thirty 4 4 . CIaa_— S tg pry a to CONSUT TANT_: TY in (a) Information and assistance as set forth Exhibit "A" hereto. copies of maps (b) Photographically reproducible ionif available, which CONSULTANT Considers and other information, Project. necessary in order to complete the (c) Such information as is generally available from Project . CITY files applicable to the in obtaining Assistance, if necessary, (d) agencies and/or private information from other governmental to make Wever, it shall be CONSULTANT's responsibility parties. Ho to the gathering of such all initial contact with respect information. documents, data, All Ownership of Documents: reports 5. hs and rep s models, photographs surveys, drawings, map shall be studies, to this Agreement CONSULTANT pursuant prepared by u on payment for services considered the property p of CITY and, identified CON performed by documents and other CONSULTANT, such CONSULTANT. CONSULTANT materials shall be delivered to CITY by such copies of said documents and may, however, make and retain T may desire. CONSULTANT shall not be held materials as CONSULTANT other than liable for use of such documents by CITY for purposes intended by the Agreement. interminated by reement may be term 6. Termation: This Ag to CITY upon the giving of a written "Notice of Termination" date of CON S ULTANT at least fifteen (15) days prior to the 5 if in said Notice. In the event this Agreement termination spec terminated, CONSULTANT shall be compensated at. CONSULTANTIS is so t "A'it ,on a pro -rata applicable hourly rates as set forth in Exhibit basis with respect to the percentage of the Project completed as of of termination. in no event, however, shall CONSULTANT the date paragraph 3(a), above. receive more than the maximum specified in p ONSULTANT shall provide to CITY any and all documents, data, C hs and reports, studies, surveys, drawings maps, models, Photographs whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. Any and all 7. Not_ i_ and nesianated Re resentatives: demands, invoices and written communicat pions between t7e notices, aragraph arties hereto shall be addressed as set forth in this hose persons p. furthermore, shall be t The below named individuals, the parties under this primarily responsible for the performance by Agreement: CITY: David G. Liu Department of Public Works City of Diamond Bar Suite 190 21660 E. Copley Drive, Diamond Bar, CA 91765 CONSULTANT: John C Whitman Inc. Dwight French & Associates, Drive, Ste. 140 1470 S. Valley Vista Diamond Bar, CA 91765 otices, demands, invoices and written communications, by Any such n the addressee mail, shall be deemed to have been received by forty-eight (48) hours after deposit thereof in the United States 6 mail, p ostage prepaid and properly addressed as set forth above. g. Insurance: CONSULTANT shall neither commence work, fired A reement until it has obtained all insurance recti all under this g in a company or companies acceptable to CITY nor s hereunder work on a CONSULTANT allow any subconsultant to commence subcontract until all insurance required of the subconsultant has finedCONSULTANT shall take out and maintain at all time been obtained. policies of during the term of this Agreement the following P insurance:Before (a) Worms ..,,,,,,,,.,Pasation Insurance: work, CONSULTANT shall furnish to CITY a certificate Of n beginning w � compensation insurance as proof that it has taken out full workers or through employ directly insurance for all persons whom it may out the work sP ecif ied herein, in subconsultants in carrying accordance with the laws of the State of California- In alifornia•In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his emp prior to commencing employees. CONSULTANT Y work, shall sign and file with CITY a certification as follows:of ovi am aware of the provisions of Section or Code which require every employer to be insured against Lab workers' compensation or to undertake self insuranc liabilit y for woand I will comply in accordance with the provisions of that Code, with such provisions before commencing the performance of the work of this Agreement." 7 (b) Public Liability and Proper v Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000.000.00) for property damage, bodily injury or death to any one person or for any one accident or occurrence and One Million Dollars ($1,000,000.00) aggregate. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least One Million Dollars ($1,000,000.00) per claim and in the aggregate for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing the Project hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under. paragraphs 8.(a) and (b) shall name as additional insured CITY, its elected Officials, officers, employees, agents and representatives. All 8 policies shall contain language, to the extent obtainable that: (1) the insurer, except the errors and omissions insurer, waives, the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the negligent, intentional and/or willful acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred dollars ($200.00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. : In the event any legal proceeding 14. Attorney's Fees is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 10 15. Mediation' Any dispute or controversy arising under or in connection with any Of the terms and this Agreement, conditions hereof, shall be referred by the parties hereto for A third party, neutral mediation service shall e mediation. expenses elected, as agreed upon by the parties and the costs and s In the event thereof shall be borne equally by the parties hereto. 'es are unable to mutually agree upon the mediator to be the parte selected hereunder, the City Council shall select such a neutra , t mediation service and the City Council's decision shall third party megood faith efforts to be final. The parties agree to utilize their n such dispute or controversy so submitted to mediation. resolve any par and hereto that It is specifically understood and agreed by the p and mutual good faith referral of any such dispute or controversy, precedent efforts to resolve the same thereby, shall be conditions p to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. This Agreement supersedes any and 16. Entire Agreement: between the all other agreements, either oral or in writing, parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party Other agreement, statement, promise not contained in this Ag or which is not embodied herein nor anyreement shall be valid and binding, if it is An modification of this Agreement shall be effective only Y in writing signed by all parties. 11 NESS WHEREOF, the parties hereto have executed this IN WIT e day and year first set forth above: Agreement as of th CONSULTANT: Dwight French and Associates, Inc. Name and Title Approved As To Form: City. Attorney CITY OF DIAMOND BAR ATTEST: City Clerk 12 Mayor 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: Shall the City Council establish a sub -committee of the Council for library services liaison and related matters? RECOMMENDATION• It is recommended that the Mayor appoint a Library Services sub -committee of the City Council, comprised of two members of the Council. DISCUSSION• The community of Diamond Bar is provided library services through the County of Los Angeles Library District. The District has suffered significant reductions in revenue, as a consequence of State of California legislation which has shifted property taxes, from County revenues, thereby adversely affecting the full funding of library services. The City recently provided short-term (March through June funding support to the Library District to add two days of library services, to the three days of County funded services. There continues to be a need to communicate with the County, the Library District, library user and support groups, other cities and the State legislature regarding the future provision of library services. A Council Library sub -committee is an effective mechanism to accomplish such objectives. 1:1 • ' II I TO: It ismond Har City council gRCK; JUtan G. Tucker Z DATE: March 1, 1994 RE: Public Records Issue Z. INTRODUCTION. This office waa requested by the Interim City Attorney to follow up on our previous opinion regarding the public record status of Councilmember nary Miller's personal financial documents which were used in the formation of a 'no conflict' opinion by the former City Attorney. There appears to be two major issues involved. The first issue is whether such records are 'public, for the purpose of dissemination to the general populace. The second issue is whether such records would be available for review by the other members of the City Council. Theme issues are discussed separately below. 1. We reiterate our previous opinion that a city attorney's review of personal financial documents of i councilemmber for the purpose of rendering a conflict of interest opinion does not necessarily serve to transform these documents into 'public records' under the Public Records Act. As previously noted, the Act provi&W a "catch-all" exception to public disclosure requirements if there is no applicable statutory exception. This exception states that a document is not subject to public disclosure it 'on the tacts of the particular case the public interest served by not making the record public, clearly outweighs PSTO 1544% cooiuos . OOMJ% n d by disclosure of the record.' i obtains personal financial docume m s from the subject individual. The IFppC does not consider such documents as automatically becoming public Me= Y because they were used in forming the opinion. FPPC file documents are seg2egated into -disclosures and "nondisclosure' categories for the purpose of public Recorder Act, requests. . I"!s Turvill stated that financial records which are already public, Interests filed by all public such as the Statement of gconomic rsonal financial the ypPC. How®vor. P� officers, are disclosed by lic disclosure- such documents which are not normally subject to pub as personal checks, personal transaction records. Of tax zero=s' are Most often not considered subject to disclosure under the public Records Act and are placed in the 'nondisclosures Portion of n subject to a the file. Therefore, eves if this matter had is likely i.kelY that the full investigation and opinion by the FPpC, it subject to public dissemination. docusyaats at issue would not � In the present situation, the question of whether the lac is now documents reviewed by the former City Attorney are pub moot because the City does not even have Po esession of any of those ts and has no way Of responding to a public Records Act docume,nled to the present nts ase subsequently revue request. I! the documents ect to Attorney, we believe that they would still not be subj Cit y disclosure to the public at large under the public Records Act for the reasons Previously stated. "W second issue i9 whether information revealed to a 3. tonne by one councilmereber mube revealed to the oe ity attorney r embe re of the council. There are differing visas on this issue int, and there does not appear to be any case law directly o -3• ps111101015�1'S��tt�x- (n101M The argument against revealing such information is that it wculd further t* , public policy of full disclosure of facts to the city attorney without concern that these facts will be disseminated to others. This policy was furthered in the present situation, as Mr. Miller's voluntary disclosure of confidential information permitted the former City Attorney to render a more informed opinion than otherwise would have been possible. The argument in favor of disclosure to the other councilamembers would be that the City itself is the client and the entire council constitutes the decisionmaking body of that entity. In the present situation, even if the attorney-client privilege was inapplicable vis-a-vis the other four members of the council, the privilege would still apply as between the Council as a whole and the rest of the public. The attorney-client privilege applies to public agency clients even outside the purview of the Brown Act procedures (gQbgrts v Ci y of P lMda" (1993) 5 Cail.4th 363), and a public officer is entitled to claim the privilege to prevent public disclosure of requested information falling within the scope of that privilege. (70 Op. Atty.Gen. 28 (1987).) Therefore, even if there is no barrier to other Councilmembers, review of whatever documents Mr. Miller may choose to later provide to the City Attorney, we believe that the documents would still not be subject to public disclosure because (1) they are subject to 5 6255 of the Public Records Act, and (Z) they are subject to the attorney-client privilege. We will be happy to answer any questions the Council may have concerning this matter. �t+x�owiuis.aoo�ua�la. miou" -4- the council► as a SEL 8 ti��T�(1!1ERl' ttorneY represents ef confident' onf dentialityo ri as of of � city privilege Was very b vel e ted t° the extension 2. I e hoe 6► 1994► body, of January be eleva n on at, Let me b itial opent the issue e that °purrent trerated at the MY did e eat Concer I' t b ev i from e p ast L ague meeting its pr which a passagesat the of ward, of the tions With recite comn►unica ors an City Attorney s City attorney s super°ithe city October 1993: the C kept seCru if xe berthef full city be u11Y 1 • members tions tWith conf idenadivI ch tY al from void misjcjale der_ staff f communiot be keg tant that order to a council cannot. alt is r ncipal in t their ri ed Council• this p stand that understand understand not p tion' musIza standings • t °f f i the s c ty stw� thin the e rney i nsnp mpo de 2• „Cis with u ervis( some sit it is s or cation to s p may in ttorneY► f member or uni ure d e a taf ember comm eos owls g e city to s memo e disch this kn with th unictted a staff with th E en though t be Comm counci1 before unicat36 s Will be an nk that f his the f city ounc 1 have a e a. t y believe members of the rr cit the personadvise members that torneys to council memb ity attor de tial•„ some City a ose to the has been Confi of s disci kept The pract th Y Wilt rest adv thus appears t° be 3. cies that of in member Cozen flict 1 Council _6p0j• oun- their any c 11 on Rule [3 offer of C itself an inaividf this d the off documents► s _ given e t violation °f decline of the condi in dir foregoing evi w ►. copies his able to maintain his f r For the Miller I would not be our ultimate te Gilman I felt ality' that if your be a tion of confidenti s reQuest d statutory or an Harmon fro a min of erence . hat Councilor differs opini°itY it provided for r be author CC: City Of f Dia and anager Bar city LAW OFFICES MICHAEL B. MONTGOMERY A LAW CORPORATION 13200 CROSSROADS PARKWAY NORTH SUITE 350 CITY OF INDUSTRY, IFORNIA 9174a TELEPHONE (310V'08-1850 FACSIMILE (310) 908-1854 ALSO ADMITTED TO FLORIDA AND HAWAII STATE BARS TO: Leonard Hemphill Robert Owen MEMORANDUM FROM: Interim City Attorney DATE: February 18, 1994 OF COUNSEL MATTHEW C. BISHOP ALAN R. BURNS' JOHN ROBERT HARPER NAPA COUNTY OFFICE 1475 FOURTH STREET NAPA, CALIFORNIA 04550 (707) 258-8090 ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE, CALIFORNIA 92008 (714) 771.7728 WENDY D. DAWER RE: Your Public Records Opinion of February 15, 1994. The City Council, at its meeting of February 15, 1994, decided to take you up on your generous offer to, "discuss this matter further if the Council so desires". As I discussed with Leonard on the phone, there is no dispute with your opinion, so far as it goes. Certainly the mere fact that a writing is in the possession of the public, does not make it a public record, nor does the mere fact that the City Attorney happens to review it. One point is significant, and that is that the question may well be moot. Mr. Arczynski's letter of February 1, 1994, states, " . . . if I had the documents, I would not divulge the same; however, since I do not, the point is somewhat academic, is it not?" My inquiry was not concerned with the subject matter of the documents, but simply whether or not the documents were public records. Along that line, at least two unanswered questions remain: 1. If the City Attorney happens to review the documents in his official position as City Attorney, by a Councilmember who intends to, and then does, rely and act on the City Attorney's opinion re conflict of interest, and at public meetings, then is the populace at large entitled to review the documents upon which the City Attorney, based his opinion of "no conflict"? You may wish to add to the quotient the fact that the votes in this case could affect the permanent nature and character of the community in that the issues involved general plan adoption and major discretionary land use permits for major developments; and M am<�rts r�c�um\Hc�impFit 1 L\Owaan Page 1 JAMES L. MARKMAN AN OREW v..RCZYNSK1 RALPH O. HANSOM JEFFREY K'NO f 0. CRAIG rCx WILLIAM P. _URLEY CU MARSHA G. SLOUGH JJLIA A. KEMP PAMELA P. KING HERIBERTO F. OIAZ BONNIE BAILEY -JONES .W �� Ot I[O�b NUMBER ONE CIVIC CEN -ER P--= P O Box 059 February 1, 1994 Michael Montgomery 13200 Crossroads Parkway Suite 350 Industry, California 91786 BREA.CALIFORNIA 92622- X53 (71x1 990-09C TELEPHONE `13101 69'-19" 9113 FOOTHILL GMLE14At24- SUITE 200 RANCHO CUCAMONGA-M'"C" OK TELEPHONE 1 I - •R' ��aop�el-oars;- ,C. IN REPLY PLEAg�'R[FE��y; G 77 n Brea - Q11 M Re: Your correspondence of January 6, 1994 Dear Mr. Montgomery: It is the purpose of this correspondence to some respond to yours of January 6, 19941 which appears to relay ort of public record request from one Terri Birrell pertaining to documents and records with regard to the non -issue of Diamond Bar Councilmember Gary Miller's involvement in the somewhat ou are euphemistically titled "south Pointe Master Plan." As Y undoubtedly well aware, Mr. Miller, at one had asouth interest in a portion of the real property within Pointe Area. Having divested himself ofany interest tto the pin the subject property well over one (1) y ear ect application being filed, I provided the quite unremarkable opinion that, pursuant to the requirements and strictures of the Political Reform Act of 1974 (California Government Code §§ 87000, st seq.), the provisions of which I understand you are passing familiar, Mr Miller had no conflict under the law. As a result of that divestiture, and the time frame involved, it was abundantly clear to all that Mr. miller ensure no conflict of interest. Yet, in an attempt on his partand to that "politics" did not enter the fray, Mr. millers imply early unequivocally announced to all and sundry that hnot participate in the deliberations on the project. In fact, as your self-styled "citizens group" client must recall, Mr. Miller even went so far as to totally absent himself from meetings at which it was discussed (and, while Mayor, handing hahae actions on the over the gavel to the Mayor Pro Tempore)• the were part of Mr. Miller were not only unavailing, Y virtually counterproductive. In hindsight, if Mr. Miller was to be subject to the personal abuse, venomous attacks and Michael Montgomery February 1, 1994 Page Two f vituperative slurs of members of the public in any event, he probably should have participated. Your desire to serve as a conduit to the public under a purported Public Records Act (California Government Code §§ 6250, at seq.) request perplexes me. I know of no attorney representing cities in California who considers his or her files to be available to the public under the California Public Records Act. To presume that such files are available thereunder strikes me as the height of folly and would, if nothing else, eviscerate the salutary purposes of the attorney-client privilege. Moreover, to simply share, with all who have some chimerical need to rummage in the affairs of a public official, the most personal of documents, including tax returns and the like, is the antithesis of the zealous safeguarding of a client's matters required of those of us who attempt to honorably engage in the profession of law. As I have stated, with some frequency, to Councilmembers (including your erstwhile clients Ms. Ansari and Messers. Harmony and Werner) I will not, and do not, share such auricular matters with the merely inquisitive who purport to espouse a "need to know". To do so would set at naught the ability to provide thoughtful counsel to those requesting the same. We take on faith that you would not remonstrate your clients to forthrightly and candidly share all of the facts and documents necessary to a thoroughgoing analysis of the client's lot, all the while knowing that you will simply divulge the aggregate thereof to any who inquire. That approach would, doubtless, produce a client unwilling to impart, frankly, the true state of the facts since, perforce, all will be presented in the public domain and the postulate for candid analysis will be reduced to absurdity. Stated otherwise, if one's client cannot feel secure that what is conveyed to one's lawyer goes no further, there seems little, if any point, to the exercise. The client will simply provide a factual presentation that puts him or her in the best light or, worse, will enshroud the pertinent data all with the deleterious effects as have been visited upon others unable or unwilling to confide in their counsel the unvarnished truth. The lawyer's role will, then, be reduced to the provision of an endless stream of homilies or truisms, with a dollop of twaddle thrown in for good measure. Michael Montgomery February 1, 1994 page Three 1` Leaving all of that aside, as manifestly statedto your client, Max Maxwell, in September of the year last pa all of the documents provided by Mr. Miller were returned to Mr. Miller and not retained by this office for reasons which should be abundantly clear, even to those who seek the documents. To assert that this office "lost" the same is laughable and requires no further response. In summary then, if I divulge the same; however, since somewhat academic, is it not? Very ly yours,, Andrew V. Arczynski AVA:Clf C\loll\LMONTG had the documents, I would not I do not, the point is cc: Councilmember Gary Miller bcc: Terrance Belanger, City Manager uw O/SCU MICHAEL B. MONTGOMERY A LAW CORPORATION 1BBao CII0118101006 PAWWAY NORTH am no CITY OF INIXXTaY. G YCF*M 01740 TREPHIM 9141 $*Iwo F"Tf! Sm 104 ALSO AD1s"ED TO FLORIDA AND MAWM STATE BARS KEWRANDUM TO: Mayor and Members of the City Council City of Diamond Aar THROUGH: City Manager FROM: Intorim City Attorn DATV: January G. 1994 SUWECT: Separate Legal Opinions OF COUNSEL MATTHEW C. BISHOP ALAN R. BURNS' JOHN ROSEM HARPER' NAPA COUNTY OFFICE 1475 FOURTM STREET NAPA, CALNORNIA 04660 (►0712054000 ORANGE COUNTY OFFICE 4413 S. GL,ASSEU STREET ORANGE. CALIFORNIA son t714) r71-7720 "PWAnow ealao4. — WENDY 0. DAWER I havo received the enclosed request for an opinion from Couneilmember Papen. I am responding to tho Counall an a whole, because I am unclear of the Council's policy re individual opinion requests. mrst, responding to Atte. Popon's question, the appollate decision in ward v. SuRgrior Court, 1977, 70 Cal. App.3d 23, 138 Cal. Rptr. 32, provides that then can be no separate attorney-client relationship between the public a`enoy attorney and each separate officer. As stated at palls 33, "He in no vise represents the officers personally." Therefore, these is no attorney-client relationship botween the attorney and the individual members of the council. No such relationship udsting, any records given to me in my capacity as City Attorney, would of neosssity have to be turned over to the City Clerk. As to the nomad part of the request, porsonuel and disciplinary matters are exempt fr m disclosure, whore the release "would con Ututo an unwarranted invasion of personal privacy." GoYISEA nt Code IM4. w I N* the council to clarify whether or not the City Attorney is eapeoied to respond to individual opinion requests . JAMES L. MARKMAN ANDREW V. ANCZYNSKI RALPH 0. HANSON JEFFREY KING 0. CRAIG FOX WILLIAM P. CURLEY DT MARSHA G. SLOUGH JULIA A. KEMP PAMELA P. KING HERIBERTO F. DIAZ BONNIE SAILEY•JONES eA 9d' A� & V CVA NUMBER ONE CIVIC CENTER CIRCLE September 24, 1993 Max Maxwell 3211 Bent Twig Lane Diamond Bar, California 91765 Re: Yours of August 10, 1993 Dear Mr. Maxwell: P O. UI[ 1059 6R[A.CALIFORNIA 92622•IOSO 17141 990-0901 TELEPHONE 13101 9 9 1-3 6 1 1 9113 FOOTHILL BOULEVARD SUITE 200 RANCHO CUCAMONrGA.CAUFORNIA 9,730 119130 960-2742 TEL[RHONE Qis091 3 1111 -o 21 e IN RMY PLEASE REFER TO: Brea This correspondence is in response to yours of August 10, 1993 with regard to a request for information pertaining to Mayor Miller's alleged conflict of interest concerning the South Pointe project. Preliminarily, let me point out that I have spoken with Mr. Montgomery with regard to corresponding with you, directly, and Mr. Montgomery, on September 22, 1993, indicated that he has no concerns with my direct correspondence with you. Additionally, it must be noted that your correspondence was directed to me at the City Hall. As you may know, I do not maintain an office presence at the Diamond Bar City Hall on a daily basis and, accordingly, mail `directed to as at that location is collected by the City Clark's office and forwarded to me. Unfortunately, the letter dated August 10, 1993 was not received by the undersigned until shortly after September 9, 1993. Specifically with regard to your query, please be advised that I have reviewed the files pertaining to Mr. Miller's interests, or more appropriately, lack thereof, vis-a-vis the South Points area. As you may know, the matter is considWmad by this office to be attorney-client privileged as to aq information presented to me by Mr. Miller and, additionally, any information provided by this office to Mr. Miller with regard to the topic in question or related topics. However, Mr. Miller has specifically instructed me to correspond with you on the topic and to provide whatever r n=D THIS DATE TOt Michael Montgomery, Interis Cit ttorney PACK: Phyllis PiPen, Councilmembe LUTE s January 5, 1991 $UgJZCT: Attorney -Client privilsgs of Couneilmembers CC: Terry Belanger, City Manager At the conclusion of last nights council meeting or rather early this morning (Approx. 3:0Sam), Mr. Harmony raised an issue regarding attorney client privilege for counciJ.smbers. picas• provide the council with the bacrovad ialoss►Stion, S discussion Of the issue, your opinion.amcode Section, etc. that would support your opinion. ii I understand your statement, Couneilmembers proprietary personal, business or financial inlomation is not confidential. Does this also APPLY to Personnel files? Diicipiinary actions? 1. 2. 3. 4. 5. 6. 7. 8. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Next Resolution No. 94-21 Next Ordinance No. 03(1994) 6:00 p.m. Mayor Werner Council Members Ansari, Papen, Miller, Mayor Pro Tem Harmony and Mayor Werner SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.: CLOSED PUBLIC COMMENTS: CLOSED COUNCIL COMMENTS: CLOSED SCHEDULE OF FUTURE EVENTS: CLOSED CONSENT CALENDAR: CLOSED PUBLIC HEARINGS: NONE OLD BUSINESS: 8.1 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 CODE BY ADDING NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS - On April 19, 1994, the City Council held a public hearing, received testimony, waived full reading, and approved as amended, Ordinance No. 02(1994). Continued from May 3, 1994. Recommended Action: It is recommended that the City Council approve for second reading and adopt Ordinance No. 02(1994). Requested by: Community Development Director 8.2 ENGINEERING SERVICES CONTRACT FOR THE DEVELOPMENT AND IMPLEMENTATION OF A PAVEMENT MANAGEMENT SYSTEM - In accordance with the requirements of Prop. 111 for State Gas Tax Fund and the criteria stipulated by the Prop. C Local Return Guidelines, local jurisdictions must certify that it has in place a pavement management system (PMS). This is to foster the cost-effective use of public funds prior to expending Prop. C funds. The system needs to provide an overview of the condition of the total street W Max Maxwell September 24 1993 Page Two inforPRtion I may have in to me.; Accordingly, MY Possession which he notwithstandingthe Mr- Miller has has provided with the attorney-clientinstructed me, YOU regarding the mattrprivilege, to correspond provided toymereview of our files reveals that the information destroyed b Y Mr. Miller was returned to Mr. ion Stated otherwise, °ffice after review b Miller or personal It is not my normal y the undersigned, confidential records either Ofaat=Ce tO maintain individual nature with regard to business or interest matters, clients on conflict of request of the client typically return such do any inadvertent release of the same in Orrice ato, or, at the information• Accordingly,personal, private and preclude request, this office does with regardtoour supplied to us, maintain the material whichwas very trulY Yours, raw V. Arczynskf City Attorney AVA/nic City of Diamond Bar N\1011\LXAXnL.L\DB 28.1 cc: Mayor Gary Miller (transmitted'b Y fax) Max Maxwell 3111 Bent Twig Ln. Diamond Bar, CA 91765 714 861-4121 1p Andrew'Arczynski, City Attorney City of Diamond Bar 21660 E. Copley Dr., Ste. 100 Diamond Bar, CA 91765 Dear Andrew Arczynski; August 10, 1993 I am requesting copies of the information Mayor Gary Miller submitted to your office that clearly states his position on not having a conflict of interest in the South Pointe Master Plan, or the R -N -P Development Inc. properties. Gary Miller stated publicly that this information is available from your office many months ago. I have already asked for this information, however all the City gave me is a letter dated January 5, 1993 addressed to Councilman John Forbinq, where Gary Miller stated his position as: "The purpose of this letter is to inform my city Council colleagues that I have made a decision to not be involved in either the processing of nor the decisions relating to one of the maps that has been submitted (Map No. VTM 51407) that is a part of the South Pointe Master Plan." The above statement is NOT a clarification of Gary Miller's potential conflict of interest, nor does it meet the requirements Of supplying to the public enough material to clarify the issue. Please forward the material that Gary Miller has submitted. If the above letter is all that exists, please respond in writing to clarify the matter. Thank you, Max Maxwell LRT RL"CY MIL.l7 MAY 9, 1994 PAGE 2 system, a means of documenting street maintenance/ rehabilitation needs, and a means of rationally prioritizing street improvement projects in terms of needs and cost-effectiveness. To accomplish this work, it is necessary to retain the services of a qualified engineering firm. In response to the City's Request for Proposal, the Selection Committee received and evaluated four (4) proposals. Recommended Action: It is recommended that the City Council award a professional engineering services contract to Dwight French and Associates in an amount not to exceed $37,020.00, plus a contingency amount of $3,000. Requested by: City Engineer 8.3 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES - Continued from May 3, 1994. Recommended Action: It is recommended that the Mayor appoint a Library Services sub -committee of the City Council, comprised of two members of the Council. Requested by: Councilwoman Ansari 8.4 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Continued from May 3, 1994. Requested by: Mayor Pro Tem Harmony 9. CONTINUED PUBLIC HEARING/CITY COUNCIL & PLANNING COMMISSION JOINT MEETING - 7:00 P.M. 9.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 92-3; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 91-1 - This is a joint public hearing of the City Council and Planning Commission to consider a request for approval of a mixed use project, known as South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Rd., west of Brea Canyon Rd., east of Morning Sun Dr., and south of Rapid View Dr. The project proposes to develop 30 acres of commercial retail/office space of 290,000 sq. ft.; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. Continued from May 2, PAGE 3 MAy 9, 1994 1994. that the City It is recommended that Recommended Action: Colmission receive a a the public Council and Planning project developers; open from City staff and Pro 7 and take appropriate action. hearing; receive testimony; Requested by: M/Werner 10. ANNOUNCEMENTS* - 11. ADJOURNMENT' k `a 1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. '�4 , j TO: Terrence L. Belanger, City Manager MEETING DATE: May 9, 1994 REPORT DATE: April 26, 1994 FROM: James DeStefano, Community Development Director Revised May 5, 1994 TITLE: Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1. SUMMARY: This is a joint public hearing of the City Council and Planning Commission to consider a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. The project proposes to develop 30 acres of commercial retail/office space of 290,000 square feet; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. RECOMMENDATION: It is recommended that the City Council and Planning Commission receive a presentation from City Staff and project developers; open the public hearing; receive public testimony; and take appropriate action. LIST OF ATTACHMENTS: Staff Report Resolution(s) X Other EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: A7 Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) 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? 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: PUBLIC WORKS RFOIEWED BY: 4&/,V1 Terrence L. Belanger Frank M. sher - es DeStefano City Manager Assistant City Manager Community Devel pment Director CITY COUNCIL REPORT AGENDA NO. 1-2-1— Report Revised MaY 5, 1994 MEETING DATE: May 9, 1994 Mayor and Members of the City Council Honorable May Commission TO: Honorable Chairman and Members of the Planning Terrence L. Belanger, City Manager FROM: Vesting Tentative ment Agreement Nos. 92-1 and 2; 92-8 and SUBJECT: Tract Map No. 514,071 Conditional Use Permit No. 07, Vesting Tentative Tract No. Oak Tree Permit No. 92-8' 91-5, and Oak Tree 32400, Conditional Use Per ac No. 51253 and permit No. 91-2; Tentative Tract Oak Map Permit No. 92- Conditional Use Permit No. 92-12; he South Pointe Master Plan; and Environmental Impact 9; t Report No. 92-1• request approval of a mixed The applications submitted ISSUE STATEMENT: known as the South Pointe Master ien i 1, use project, uses which include Of land The consisting open space and school facilities. commercial, park, p 171 acres in size and is project site is approximately west of Brea Canyon located north of Pathfinder Drivel a , of Rapid View Dr 3o acres of Road, east of Morning and south to develop Drive. The project proposes 000 square feet; off ice space of 290, residential commercial retail/office detached and the approximately 200 single-family park; dwelling units, a 28 acre neighborhood a middle school. construction of It is recommended that the City Council receive a ro ect developers; open RECOMMENDATION: and take P resentation from the staff and testimony, the Public Hearing, receive p appropriate action. 1 PROJECT SUMMARY: The South Pointe Master Plan has been proposed to guide the development of 171 acres in the South Pointe Middle School/ Sandstone Canyon area. The Master Plan incorpor- ates property owned by five entities; the City of Diamond Bar, Walnut Valley Unified School District, Arciero'and Sons, Inc., RNP Development, Inc. and Sasak Corporation. The proposed project of record, if approved, will consist of approximately 82 residential acres for construction of 200 single family homes, 30 acres proposed for a future commercial/ office use, 28 acres proposed for open space as a public park site, and 31 acres proposed for the construction of the South Pointe Middle School (see Exhibit "A"). As presently contemplated, the project will be developed over a projected ten year period. Under the proposed development plan, all of the residential dwelling units, one-half of the commercial/ office use, and the park site will be completed within a projected five year period. The remaining commercial/office use is projected to be completed within the remaining ten year period. To accommodate the proposed land uses, a number of circulation system improvements are required. These include the creation of new local streets within the project site, a new access road to the school from Brea Canyon Road, improvements to Brea Canyon Road, and area off-site street and intersection modifications including new signalization. The proposed project will require the approval and implementation of Development Agreements between the City and the project applicants, adoption of a Master Plan, Conditional Use Permits, Oak Tree Permits, Subdivision approvals and an Environmental Impact Report. The Planning Commission has reviewed the proposed project and has recommended City Council approval. PROJECT APPLICANTS: The applicants for the proposed project are: (1) RNP Development, Inc. 4439 Rhodelia Dr., Claremont CA 91711 (2) Arciero and Sons, Inc. 950 North Tustin, Anaheim, CA 92807 (3) Sasak Corporation, 858 W. 9th Street, Upland CA 91785 (4) City of Diamond Bar, 21660 E. Copley Dr., Ste. 100, Diamond Bar, CA 91765 2 of the master plan area include the Unified School District. Ownership The property owners within the boundary applicants and the Walnut Valley attached. boundaries are identified within Exhibit "B". the City Council adopted the General Plan. On July 27, 199 3 4 prohibited the hearing BACKGROUND: Ordinance No. P tember 14, 1993, Prior to the General Plan's adoption, On Sep went ublic hearing process to consider develop and consideration of the South Pointe Master P an. The Council received the City Council began the p Project. Staff and a summary of the applications for the South p s 1 efrom the Plan1City The a presentation v theproposal from the City's environmental consul October 5, environmental review p tember 28, 1993, public hearing on the project was continued to Sep As a result of the City 1993, and January 4, 1994. which 1993, November 16, 1993, to repeal Resolution 93-58, Council action of December 14, the project was tabled. Subsequently, actions were adopted the General Plan,btained which o a new General Plan and a Stati letter was CaliforniaoOffice o taken to develop ment Planning and Research General Plan Extension applied for develop to process certain p asked the enables the City Unified School District has recently projects. The Walnut Valley district may begin construction of the City for assistance i n order rde At issue e s the removal of aPP that roximately 400,000 middle school fa plan earth from the school site in order S South Pointe Master ilitate coon cubic yards of The of the permanent South Pointe school. contemplates the relocation of the earth from the school site to Arciero s proposed subdivision site. against the project. input has been received for and ag submittal of an Considerable community inP ers have discussed now before the As a result, the private develop with the project Commission has been asked to participate in the alternative proposal for consideration alongas The Planning the may deliberate and comment, City Council. such that Y ro ect not previously public presentationthe appropriate, upon any proposed modification to ublic hearings. Time is of its earlier p ards considered by the Commission during specifically as reg --- the to the WVUSD school project, the essence in regards $8 million) and construction contract considerations. tnls State Capitol fundsC SD is ar , herefaccomproviding If any contemporaneous assistance to the forward, therefore, to move the decision making p developers. necessary nests from the school district and 00cubic yards of a response to the req SD cannot remove the 400, which is it should be noted that the WVU overnmental body, dirt without the permission of the authoritative g the City Council of Diamond Bar. 3 PROJECT REVIEW: D6VqloRe_r_F_r2R0sa1 The South Pointe Master Plan weaves interests into a comprehensive land use neighborhood compatible with the built five public and private ownership plan designed to provide a mixed use environmental. full III[ CITY M OIINWN 110 UTII POINTE IEII IILANNEU CUMMUNIIY Ii".1 ❑IIf/ M4.10 5c-01901[ ouX— mn 0 . IXXII p`Xf xl III[ 1�1C II n0 t SIIxS ixC, i�01F CWX'.�UIIO. the subdivision of a primarily undeveloped ro ect proposes uent use of the The Master Plan p jphased development and subseq ur oses. 171 acre site to accommodate the P ark, open space, and school p P site for residential, commercial, p in Exhibit "C", the project site has been divided into five (5) As depicted Project specific development standards have been planning areas or enclaves. P has been designed proposed for each enclave. Each tent standardst map tiv consistent with the proposed develop Vestin Tentative Tract No. 32400 by Arciero and Sons and consists Tentative Tract No 32400 is proposed 91 single family homes are proposed Vesting set aside of 93 lots on 47.44 acres. Ninety -on 6 acres (2.58 and 3.34 acres) with two lots totaling approximately I'D") The project indicates a (See Exhibitper acres. Preliminary Title for commercial purposes- roximately 2.2 units residential density of app dicate no unusual characteristics. The site is zoned R-1-15,00 Reports in 4 The proposed map is located within Enclave 3. The minimum lot size proposed for Enclave 3 is 7200 square feet with a minimum pad size of 6000 square feet. The proposed project contains lot sizes that range from 7200 (lot 131) to 15,095 (lot #14) square feet. Pad sizes ranges from 6,070 (lot #69) to 13,365 (lot #45) square feet. Primary access is from Brea Canyon Road with a secondary access point through the future commercial development. Earthwork quantities indicate 1.795 million cubic yards of cut and 1.810 million cubic yards of fill. The proposed map is consistent with the design and development standards contained within the Master Plan. Vesting Tentative Tract Mab No. 51407 Vesting Tentative Tract Map No. 51407 is proposed by RNP Development, Inc. and consists of 84.20 acres containing 90 single family residential parcels with 28.13 acres proposed for recreational open space and 21.9 acres proposed as a commercial center. This map is located within Enclave 1, as described within the Master Plan development standards. Minimum lot sizes for this Enclave are 8,000 square feet with minimum pad sizes of 6,900 square feet. The proposed residential neighborhoods within this Enclave are designed to be compatible with the existing style and type of development pattern adjacent to the project. The property is zoned RPD -10,000-6U. VTM 51407 provides for an overall density of 2.59 units per acre on the 34.62 acre residential site. Lot sizes range from 8,977 sq. ft. (lot 124) to 18,679 sq. ft. (lot 134). Pad sizes range from 7,079 sq. ft. (lot #26) to 13,322 sq. ft. (lot #30) . 28.13 acres have been set aside for open space/recreational purposes (lot #91). Three commercial lots are proposed ranging in size from 3.40 acres to 13.05 acres for a total of 21.45 commercial acres. Earthwork quantities indicate 2,567,000 yards of cut and 2,571,000 yards of fill for the proposed map. The circulation pattern consists of a residential collector, street "A", from Brea Canyon Road to the middle school site, and a residential street "B" proposed extending through to Morning Sun Drive. The project proposes six residential dwelling units facing Larkstone Drive on property presently owned by the Walnut Valley Unified School District. The proposed map would supersede previously filed Tract Map No.'s 32576 and 35742. Those maps dedicated the right to prohibit the construction of residential units within certain lots. That right was accepted by the County and is valid and enforceable against any development request. In 1979 an offer to dedicate the property as a "future park" was rejected by the County. The developer is currently limited to a total of two dwelling units. Other restrictions on the property relate to flood hazard and restricted use areas. This proposed map, if approved, would supersede and erase the existing development restrictions placed upon the property. (See Exhibit "E") There are other parcels in the community which are also subject to similar development restrictions. Properties with such development restrictions have been re -subdivided by Los Angeles County. The applicant has specifically requested approval of this application 'package which permits the City to evaluate the change in entitlement on the merits of the proposed project. 5 isio or provides a means to remove such restrictions. If a resubd r val n the reversion to acreage of the tract is subsequently filed for app royal and offer of dedication previously rejected is terminated upon the approval recordation of the new map. (See Exhibit "F") Master Plan The use of a "Master Plan" is proposed to guide the overall development. The The components of the plan include permitted uses and development standards. proposed zoning regulations and development standards will be imp oe ent d via The the use of development agreements for the RNP and Arciero prop Tentative standards are attached to the Sasak Pois las a contained wi hin the component of epreviously Map conditions. The complete documentplan is a tool for implementing the prepared report. The use of a master p policy and zoning General Plan and often bridges the gap between General Plan p Y standards for the property under consideration for development. Development Agreements The use of Development Agreements are proposed for the prciero and RNP development project. The Development Agreement the Hillside Management regulations, document to incorporate the Master Plan, the Oak Tree Permit, the Development Standards with reference to the Tentative Tract Maps. Cities are provided with the ability to enter into Development Agreements with any property owner. Development Agreements are essentially a negotiated contract between a public agency and a private developer. The Development Agreement establishes the termthe sapp d cants tions from which the development can proceed and provides assurances baih sed upon their commitment to timing and compliance with the agreements incorporate land transfers, contract agreements. The proposed d the successful completion o zoning, and commitments by all parties toward the the proposed project. Attached to this report are maps which illustra�eo project existing and future ownership of property as a result of p j implementation. The Hillside Management Ordinance requires a conditional use permit approval for each tentative tract map proposal. The hillside management standards guidelines have been incorporated within each development. The impact of the project grading is analyzed in the Draft ctionsvirTheeDevelopment CodeReport requires the earth resources and aesthetics se i an Oak Tree permit for the removal of any oak genus which is eight inchesnrade. Each alf feet abve the natural g subdivision diameter measured four contains soak trees which would require removal. proposed subdivision 7 In accordance with requirements of the Code, an oak tree inventory as conducted for each subdivision site. Vesting Tentative Tract Map 51407 contains 449 oak trees. Tentative Tract Map 51253 contains 53 trees scheduled for replacement. Vesting Tentative Tract Map 32400 will require the removal of 276 oak trees. The Draft Environmental Impact Report indicates that 92 percent or 768 of the 835 inventoried oak trees will be removed as a result of the proposed grading activities on-site. All oak trees removed as a result of the proposed project are proposed for replacement at a 2:1 ratio. The Developers' proposal provides potential benefits to the community in the form of facilitating the construction of the permanent middle school, development of a publicly held park and open space, creation of a freeway oriented commercial site and numerous area -wide traffic improvements. Action Required: 1. Certification of the Environmental Impact report along with Findings of Fact and a Statement of Overriding Considerations. 2. Abandonment of the dedicated right to restrict construction of residential buildings upon RNP and Sasak properties pursuant to Government Code (S51903). 3. Approval of each tentative tract map, Development Agreements, Conditional Use Permits, Oak Tree Permits, and the Master Plan. (The Council must make written findings pursuant to Government Code §65360, and §65361, and the conditions of the extension letter, that there is little or no probability that the project will be detrimental to or interfere with the future adopted General Plan if the project is ultimately inconsistent with that plan). 4. Recordation of EIR Certification 5. Completion of approved conditions, as required, for issuance of grading permits (including the applicant obtaining an Army Corp of Engineers, Section 404, permit and a California Department of Fish and Game, Section 1601-1607, permit for alteration of the stream). 6. Recordation of final documents, maps, etc. 8 OA saa�--- Alternative I - North South Can ro osed for consideration ro ect has been P P Canyon area the proposed p j of the Sandstone Tract Map An alternative to a the preservation Arciero and Sons ( the designed to encourag t involves Ar for and is desig The nonce adjacent to the middle schooNo. 51407) for open space purposes. ro erty► Tract Map- 32400) trading their p p Development► Inc' ( p site and include No. of the RNP the former RN The proposal westerly 35± acres 103 homes on school. property. Arciero would develop Road to the middle the school site- pro new road access export from would incorporate the excess earth scheduled for (See Exhibit nor their remaining acreage• Canyon site to the City' upon Arciero's former site, restrictions RNP would not build P + acre Sandstone Canymap future RNP offer of dedication of the removal of existing Avenue. Any conditioned upon adjacent to Grand subject to all City would be owned by RNP, located plans roperty, Grand Avenue site would Subdivision fent proposal develop benefits of this p f or the develop environmental review and date. Potential of the school regulations for at a later the public, fornot limited to, the facilitati to would be submitted but are review of Sandstone Canyon proposal include, acts. construction, preservation amen ironmentai imp and substantial reduction of Action Re uired Commission pursuant to Referral of revised project to Planning I. re ort and recommeCd Repo t, preparation n an Section 65857 for a p Findings of Fact and a 2, Certif icatio Supplemental EIR EnvironmentalImpact with addendum or Considerations• agreements outlining Statement of Overriding easement or Preparation of revised project conditions conservation 32400, 3. Prep 1 (i.e. application Arciero, Tract Alternative former building rights restriction upon the RNp Grand ) site• uncil consideration(pursuant to Government 4, planning Commission and City Corestrictions Avenue site for removal of map Tract Map 51407 and its Code §51093)• Vesting Tentative Development Agreement. 5. Approval of revised Tree Permit and ermits. associated CUP, Oak Sasak) and related p Grand Avenue Site (The Council Approval of Tentative Tract 51253 ( 65360, and 24031 for RNP ent Code S65360, is Approval of Parcel Map ursuant to Governor that must make written findings p the extension letter, to or §65361, and the conditions of project will be detrimental rect is probability that the General Plan little or no p the future adopted interfere with that plan)* permits, recordation ultimately inconsistent withired for grading P Completion of conditions req 6• westerly of maps, etc. the most stream exists upon site earth may be intermittent blue -line of school Although an Tract 51407, a significant amount rocess h of the 404 and 1601- portion of concurrent with the p relocated to Tract 51407 9 1607 permits. •• - Altern tive 2 p eServa east -west open t to consider is the maintenance of an Tract 32400 Another design concep the development of Arciero's 75 homes space amenity by only permitting in 1991, Arciero proposed a subdivision 1991 tentative site. As an example, a previous tentative map. on 75 single family lots are proposed upon their acreage utilizing P feet and average 11,660 map consists of 85 lots on 47.6 izer from 7200 square151 cubic 19.5 net acres and rang uantities indicate the need for 393, square feet. The earthwork q 21,2 acres are set aside yards of import (presumable from the school site). 6.9, devoted to streets. P the acreage�� An U.S. Army as open space with the balance y a "blue line stream. permit would Arciero's property is encumbered by artment of Fish and Game p This Engineers permit and California Dep the existing streambed. of Eng' modification to and be required prior to any owned by ve provides the opportunity to facilitate thschdevelopment alternate P hts restricted east -west properties acrest. (Exhibit "H") preserve the buildiGng acres) and RNP Development Sasak Corporation Action Required Section 65857 for 1. Referral to Planning Commission pursuant to report and recommendation. act Report along with Considerations and 2. Certification of the Environmental In►P Findings of Fact and a Statement of Overriing dro riate Addendum. Sasak) with appP 3, Rejection of VTM 51407 (RNP) and TM 51253 conditions, and agreements to findings and conclusions. 4. Preparation of revised map, went facilitate the revised Arciero subdivision. OT and Develop Council must make written findings pursuant to 5• Approval of new VT M 32400 with associated CUP, conditions of the Agreement (The and the c Government Code §65360, and §65361, robability that the extension letter, that there is little or no p e depted trimental to or interfere with rwith othat project will b ro ect is ultimately General Plan if the p 7 for issuance of plan). roved conditions, as required, Corps of Completion of app the applicant obtaining an Army 6• including Department of Fish grading permits (including and a California Engineers, Section 404, p Section 1601-1607, permit for alteration of the stream and Game , 10 u� Prosect Alternative " — require the off-site selected, would req A "no project" if alternative, resently found on the South Pointfiddle exportation of the surplus soil p construction of permanent immediately, the existing excess soil will be used within School site in order to facilitate, alternative off-site school buildings. Asproposed, ositing the soil at an the project boundaries. Dep supplement to the act Report for the location could require an addendum or y certified Final Environmental Impact outside of the District's previousl The transportation of the soil, s upon local South Pointe Middle School• require an estimated 26,000± truck trip project boundaries, would req streets. The additional time and cost of this alternative would be borne Y the School District. Alternative 4 Certify the EIR, Deny projects, or specific components. Alternative 5 Continue discussion of the South Pointe Master Pl fives r further environmental analysis or investigation of additional alterna ENpIRONMENTAL ASSESSMENT: the City has Act, ort should be prepared to assess In accordance with the Cal li ImEnvironmental act g Dental Quality . ect. The City determined that an Environmental ro osed pro? enCity Inc. as an independent and analyze the environmeneersefa d ts of the Constructors, An Executive Summary of engaged ultrasystems Eng' consultant to prepare the environmental documents. the environmental review record is attached. PUBLIC HEARING NOTICE: Master Plan project was publicly noticed in accordance with The South Pointe Ma Advertisements were published within the San requirements. Daily Bulletin on April 11 and State and local req Gabriel Valley Tribune and the Inland toValley property owners within a 500 1994• 1994. Notices were mailed to p p8 1994 and April 21, April 22, interested citizens radius of the project boundaries on April , Several hundred additional notices were of the proposal. mailed to providing public awarenes 11 PLANNING COMMISSION ACTION: The Planning Commission conducted hearings on the proposals. numerous public stud December 13 A walking tour of Y sessions and public Noticed Public Study Sessions were held in October and December 19 ublic hearings were held in Januaryite was conducted on 1993. The Planning, February, 92• project components OCommission recommended cit y' March, April and May, May 24, 1993. y Council approval of all PREPARED BY: James De Stefano Community Development Director Attachments:(Pr(Exhibit "ANN) transmitted within May MAPS 1. South Pointe Master Plan 2� NNreport i 2 • Project Boundaries (Exhibit NIB$') 4. Planning Enclaves (Exhibit VTM 32400 (Exhibit I'D") 5. VTM 51407 (Exhibit TIED) 6. TM 51253 (Exhibit 7• Revised VTM 51407 (Exhibit 8 • Previous "Gil) (1991) V'I'M 32400 (Exhibit ��H��) 9• Environmental Review Record 10. City Council Staff Reports and 11. Planning 12. Commission Staff Reports Minutes Notices of Public Hearing p and Meetin 13. OPR Extension Letter dated 1/31/94 g Minutes 14. Letter from J. C. Dabne 15. Walnut Valley School District aLetter 9dated 4/494 16. Timeline of Construction for South / 1994-1995 Pointe Middle School 17. Sierra Club Letter received 4/21/94 18. Letter from Frederick & Frances Strunck dated 4 19• 6 page Petition si 20• gned by 102 persons re. /17/94 List of correspondence received from Januar 19. 1 99 Canyon January 19, 199 June 8, 1993 - both for and against 3 through 21. Draft Environmental Impact 22. Response to Co p Report { Previously mments on the Draft Environmental transmitted dated February 1993 { previouslypact Report 23. Response to Co transmitted Comments on the Draft Environmental Impact Volume II dated November 1993 { previously transmitted 24. Technical a Report- Volume Im ac Response to Comments Impact Report dated May on the Draft transmitted y 1993 { previously 12 AGENDA ITEM NO. 9.1 PLEASE BRING DOCUMENTATION PROVIDED FOR THE MAY 2, 1994 MEETING