HomeMy WebLinkAbout11/4/1997C /
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cou�a AGENDA
Tuesday, November 4, 1997
6:30 p.m. Regular Meeting
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California 91765
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
City Manager
City Attorney
City Clerk
Bob Huff
Carol
Herrera
Eileen
Ansari
Clair
Harmony
Gary
Werner
Terrence L. Belanger
Michael Jenkins
Lynda Burgess
Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the
City Clerk, and are available for public inspection. If you have questions regarding an agenda item.
please contact the City Clerk at (909) 860-2.189 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
acconunodation(s) in order to communicate at a City public meeting, must inform the City Clerk
a minimum of 72 hours prior to the scheduled meeting.
111VIOND BAN,
Please refrain from smoking, eating or drinking �� �' The City of Diamond Bar uses recycled paper
encourages es You to do the same.
in the Council Chambers.;; g
PUBLIC INPUT
The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the
Council on the subject of one or more agenda items and/or other items of which are within the subject matter
jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the
City Clerk.
As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in
order to facilitate the meeting, persons who are interested parties for an item may be requested to give their
presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the
total amount of time allocated for public testimony based on the number of people requesting to speak and the
business of the Council.
Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments
which are not conducive to a positive business meeting environment are viewed as attacks against the entire City
Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair.
Your cooperation is greatly appreciated.
In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public
comment on items previously considered by the Council. (Does not apply to Committee meetings)
In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least
72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the
posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted
agenda.
CONDUCT IN THE CITY COUNCIL CHAMBERS
The Chair shall order removed from the Council Chambers any person who commits the following acts in respect
to a regular or special meeting of the Diamond Bar City Council.
A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly
course of said meeting.
B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly
course of said meeting.
C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from
addressing the Board; and
D. Any other unlawful interference with the due and orderly conduct of said meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72
hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer
through a phone modem.
Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal
charge.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the public
speaking area. Sign language interpreter services are also available by giving notice at least three business days
in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489
Computer Access to Agendas (909) 860 -LINE
General Information (909) 860-2489
NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
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THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE
FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS
MEETING WILL BE RE -BROADCAST ON THE SATURDAY FOLLOWING
THE COUNCIL MEETING AT 10:00 A.M. ON CHANNEL 12.
1. CLOSED SESSION:
2. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 97-69
Next Ordinance No. 08(1997)
None
6:30 p.m. November 4, 1997
Mayor Huff
Pastor Kenneth Mitchell, Diamond
Bar Congregational Church
Council Members Ansari, Harmony,
Werner, Mayor Pro Tem Herrera, Mayor
Huff
Mayor Huff
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presentation of Certificate of Recognition to Travis
Bryant, Scholarship Recipient
BUSINESS PERSON OF THE MONTH:
3.2 Presentation of City Tile to Dr. Kenneth Machado, owner
of Machado Chiropractic
4. PUBLIC COMMENTS: "Public Comments" is the gime
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Although the City Council values your comments,
pursuant to the Brown Act, the Council generally cannot take
any action on items not listed on the posted agenda. Please
complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five
minute maximum time limit when addressing the City Council.
5. SCHEDULE OF FUTURE EVENTS:
5.1 VETERANS DAY - Tuesday, November 11, 1997 - City
Offices will be closed. Will reopen Wednesday,
November 12, 1997.
NOVEMBER 4, 1997 PAGE 2
5.2 PLANNING COMMISSION MEETING - November 12, 1997 -
7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.3 TRAFFIC & TRANSPORTATION COMMISSION - November 13,
1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E.
Copley Dr.
5.4 CITY COUNCIL MEETING - November 18, 1997 - 6:30
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.5 PARK & RECREATION COMMISSION - November 20, 1997 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley
Dr.
5.6 TOWN HALL MEETING - November 22, 1997 - Castle Rock
Elementary School, 2975 Castle Rock Rd.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
6.1.1 Town Hall Meeting of September 30, 1997 -
Approve as submitted.
6.1.2 Regular Meeting of October 7, 1997 - Approve
as submitted.
6.1.3 Special Meeting of October 22, 1997 - Approve
as submitted.
Requested by: City Clerk
6.2 PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of August 12, 1997 - Receive
and file.
6.2.2 Regular Meeting of August 19, 1997 - Receive
and file.
6.2.3 Regular Meeting of August 26, 1997 - Receive
and file.
6.2.4 Regular Meeting of September 2, 1997 - Receive
and file.
6.2.5 Regular Meeting of September 6, 1997 - Receive
and file.
6.2.6 Regular Meeting of September 9, 1997 - Receive
and file.
NOVEMBER 4, 1997 PAGE 3
Requested by: Planning Division
6.3 PARKS AND RECREATION COMMISSION MINUTES:
6.3.1 Regular Meeting of August 28, 1997 - Receive
and file.
6.3.2 Regular Meeting of September 25, 1997 -
Receive and file.
Requested by: Community Service Division
6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES:
6.4.1 Regular Meeting of August 14, 1997 - Receive
and file.
6.4.2 Regular Meeting of September 11, 1997 -
Receive and file.
Requested by: Public Works Division
6.5 VOUCHER REGISTER - Approve Voucher Register dated
November 4, 1997 in the amount of $614,879.04.
Requested by: City Manager
6.6 TREASURER'S REPORT - Submitted for the City Council's
review and approval is the Treasurer's Statement for
September, 1997.
Requested by: City Manager
6.7 EXONERATION OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR
& MATERIAL) FOR TRACT NO. 47851 (DIAMOND BAR EAST
PARTNERS) - The Principal, Diamond Bar East Partners,
requests release of their surety bond posted for Tract
47851 located the in the "Country" in the amount of
$50,000. The City Engineer finds that the Principal has
performed all work as shown on the rough grading plans
and has provided sufficient proof of substantial fine
grading of the lots.
Recommended Action: It is recommended that the City
Council 1) approve exoneration of Bond No. 139424S in the
amount of $50,000 posted with the City on September 30,
1993 as a condition precedent to issuance of a grading
permit for rough grading of the 50 lots, and 2) that the
City Clerk notify the Principal and Surety of this
action.
NOVEMBER 4, 1997 PAGE 4
Requested by: Public Works Division
6.8 NOTICE OF COMPLETION FOR CONSTRUCTION OF SIDEWALKS ON
ASPEN GROVE LANE - On July 15, 1997, Council awarded a
construction contract for sidewalks on Aspen Grove Ln. to
Chino Construction, Inc. The completed work has been
determined to be in accordance with specifications
approved by the City. The final contract amount was
$28,983.25, which is the approved contract amount.
Recommended Action: It is recommended that the City
Council accept the work performed by Chino Construction,
Inc. and authorize the City Clerk to file the Notice of
Completion and release any retention amounts 35 days
after the recordation date.
Requested by: Public Works Division
6.9 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR TO INSTALL RED CURBS ON THE
NORTH SIDE OF WALNUT DRIVE BETWEEN 20465 WALNUT DRIVE
EASTERLY TO LEMON AVENUE AND TO INSTALL RED CURBS ON THE
SOUTH SIDE OF WALNUT DRIVE BETWEEN 20540 WALNUT DRIVE
EASTERLY TO LEMON AVENUE - Walnut Dr. is 48 feet wide and
is striped for 4 lanes of traffic (12 ft. wide each
lane). The curb lanes on Walnut Dr. do not provide
adequate width for parking and a through lane for
vehicles. Cars parked on the street prohibit through
traffic in that lane and force motorists into the other
lanes. This obstruction can be a concern for vehicles
making right turns from Lemon Ave. to Walnut Dr. Red
curbing and "No Stopping Anytime" signs exist on most of
Walnut Dr., except for this portion near Lemon Ave.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 97 -XX approving, the
installation of rel curbs on the north side of Walnut
Dr. between 20465 Walnut Dr. easterly to Lemon Ave. and
to install red curbs on the south side of Walnut Dr.
between 20540 Walnut Dr. easterly to Lemon Ave.
Requested by: Public Works Division
6.10 RECEIPT OF FINANCE AUDIT REPORT & COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR FISCAL YEAR 1996-97 - The City's
Finance Department, in concert with the independent
auditing firm of Conrad & Associates, LLP, has prepared
the FY 96-97 Comprehensive Annual Financial Report. Once
again this fiscal year, the City will be submitting its
report to the California Society of Municipal Finance
officers and to the Government Finance Officers
NOVEMBER 4, 1997 PAGE 5
Association certificate of excellence award programs.
(The City has received both awards for its FY 94-95 and
95-96 Comprehensive Annual Financial Reports.) In
conjunction with the City's contract for auditing
services, final audit reports for FY96-97 have been
prepared and are also being transmitted. Since the City
received funds from the Federal Government, the audit
reports include special reports as required by the Single
Audit Act. As indicated in the financial reports, the
City finished the fiscal year in an extremely positive
financial position. The General Fund fund equity
increased from $9,907,004 to $11,577,411 during the year.
The overall increase in fund equity for all governmental
fund types was $3,483,167.
Recommended Action: It is recommended that the City
Council receive and file the Comprehensive Annual
Financial Report and the Final Audit Reports for FY96-97
as prepared by the Finance Department and Conrad &
Associates, LLP.
Requested by: City Manager
6.11 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR SUPPORTING THE LAC+USC MEDICAL
CENTER REPLACEMENT FACILITY - Under the California
Welfare and Institutions Code, Section 17000, L.A. County
has a mandate to provide health care services for the
medically indigent. One of the critical components of
our health care system is the LAC+USC Medical Center
which is one of the nation's largest acute care
hospitals. Due to new seismic standards, a deteriorating
physical plant and life safety requirements, the LAC+USC
Medical Center must be replaced.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 97 -XX supporting the LAC+USC
Medical Center Replacement Facility.
Requested by: City Manager
6.12 GREATER LA PUENTE VALLEY MEALS ON WHEELS FUNDING WITH
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) - The
Greater La Puente Meals on Wheels Program has requested
$4,000 ($1,000/quarter) to help fund the program, which
serves the Cities of Diamond Bar, Walnut, La Puente, West
Covina, Rowland Heights, Hacienda Heights and Valinda.
The program currently serves 12 D.B. residents who are
provided 2 meals per day, 5 days/week. The FY97-98 CDBG
budget has an unallocated balance of $12,800 in the
NOVEMBER 4, 1997 PAGE b
Community Services allocation. An appropriate of $2,500
will fund the remainder of the 2nd quarter and the
entirety of the 3rd and 4th quarters of FY97-98.
Recommended Action: It is recommended that the City
Council approve funding of the Greater La Puente Valley
Meals on Wheels Program in the amount of $2,500;
utilizing Community Development Block Grant (CDBG) funds.
Requested by: Council Member Herrera
7. PUBLIC HEARING: 7:00 p.m., or as soon thereafter as
matters can be heard. None
8. OLD BUSINESS:
8.1 SECOND READING OF ORDINANCE NO. 07(1997): AN ORDINANCE
OF THE CITY OF DIAMOND BAR ADDING CHAPTER 10.50 OF TITLE
10 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARKING
CITATION PROCESSING PROCEDURES - On October 7, 1997,
Council approved first reading of Ordinance No. 7 (1997)
regarding administration of parking citations. The
Ordinance codifies the decriminalized parking citation
process. Cities are required to review the process for
collection and contesting of parking citations and to
establish a schedule of parking violation penalties, late
payment penalties, administrative fees, and other related
charges. Since the decriminalization, two additional
modifications have occurred which address time limits for
appeal of citations. The City has contracted with
Judicial Data Services, Inc. and the City of LaVerne 'tc
administer the citations and provide hearing examination
services. Through the legislation to decriminalize
parking citations, the administrative process was placed
into the California Vehicle Code. The City, heretofore,
has not adopted municipal code provisions relating to
parking citation administration.
Recommended Action: It is recommended that the City
Council approve second reading by title only, waive full
reading and adopt Ordinance No. 07(1997) "An Ordinance of
the City of Diamond Bar adding Chapter 10.50 of Title 10
of the Diamond Bar Municipal Code Relating to Parking
Citation Processing Procedures."
Requested by: City Manager
9. NEW BUSINESS: None
9.1 DISCUSSION OF CONFLICT OF INTEREST VIOLATION OF PLANNING
COMMISSIONER - Letters of concern about a conflict of
NOVEMBER q, 1997
PAGE
interest by Planning Commissioner Don Schad have been
submitted to the Mayor. The contents of the letters have
questioned the ability of the Planning Commission to
consider matters that come before it due to the integrity
and honesty that have arisen as a result of the conflict
of interest allegations.
Recommended Action: It is
Council discuss the matter
and take whatever action is
a result of said discussion.
Requested by: Mayor Huff
10. COUNCIL SUB -COMMITTEE REPORTS:
recommended that the City
of the conflict of interest
deemed to be appropriate as
11. COUNCIL COMMENTS: Items raised by individual Council Members
are for Council discussion. Direction may be given at this
meeting or the item may be scheduled for action at a future
meeting.
12. ADJOURNMENT:
City of Diamond Bar
1)1101ON1) RAR Ih 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860.2489 •Fax (909) 861.3117 • Gry Online (BBS) (909) 860.5463
Internet http://.www.ci.diamond-bar.ca.us
Robert S. Huff
Mayor
Carol Herrera
Mayor Pro Tem
Eileen R. Ansari
Council Member
Clair W. Harmony
Council Member
Gary H. Werner
Council Member
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY given that the Diamond Bar
City Council Finance Sub -Committee will hold a special
meeting Monday, November 3, 1997, at 10:00 a.m., at
Diamond Bar City Hall, 21660 E. Copley Drive, Suite
100, Diamond Bar, California for the purpose of
discussion cf the Voucher Register dated November 4,
1997.
For further information, contact the City
Manager's office (909) 396-5666.
Dated: October 29, 1997
CITY OF DIAMOND BAR
/s/ r,ynria Burgess
Lynda Burgess
City Clerk
October 29, 1997
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860-2489 • Fax (909) 861.3117 • City Online (BBS): (909) 860.5463
Internet http://www.ci.diamond-bar.ca.us
Pastor Kenneth Mitchell
Diamond Bar Congregational Church
2335S Diamond Bar Blvd.
Diamond Bar, CA 91765
Dear Pastor Mitchell:
This is to confirm your participation to do the invocation at the Diamond Bar City
Council meeting, Tuesday, November 4, 1997, at 6:30 p.m., at the Air Quality
Management District auditorium, 21865 E. Copley Drive, Diamond Bar. In that
we have many cultures and religions within our community, an ecumenical
invocation would be appreciated.
Robert S. Huff It is a pleasure to have representation from various churches within Diamond Bar
Mayor participate at the City Council meetings. Thank you for taking time out of your
busy_ schedule to share with us.
Carol Herrera
Mayor Pro Tem
Sincerely,
Eileen R. Ansari
Council Member
Clair W. Harmony
Council Member
Gary H. Werner
Council Member
Recvded paper
Lynda Burgess, CMC/AAE
City Clerk
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CITY OF DIAMOND BAR AND DIAMOND BAR
REDEVELOPMENT AGENCY
TOWN HALL MEETING
SEPTEMBER 30, 1997
41 -
CALL TO ORDER: Mayor Huff and RDA Chairman Werner called the
meeting to order at 6:35 p.m. in the South Pointe
Elementary School Multi -Purpose Room, 20671
Larkstone Dr., Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Agency Member
Ansari.
COUNCIL MEMBERS PRESENT: Council Members Ansari, Harmony, Werner, and Mayor
Pro Tem Herrera, Mayor Huff.
AGENCY MEMBERS PRESENT: Agency Members Ansari, Harmony, Herrera, Vice
Chairman Huff and Chairman Werner.
Also present were: Terrence L. Belanger, City Manager; James DeStefano, Deputy City
Manager, Frank Usher, Deputy City Manager; and City Clerk Lynda Burgess.
2. WELCOME AND INTRODUCTION: Mayor Huff and Chairman Werner welcomed attendees.
3. OVERVIEW OF REDEVELOPMENT: ED/Belanger stated this is the second in a series of five
City Council Town Hall meetings on the subject of redevelopment. Tentative dates have been
set for future meetings to be held on October 25, November 22, and December 20, 1997 at the
following locations: Diamond Point Club House, Heritage Park Community Center and South
Coast Air Quality Management District Auditorium.
ED/Belanger explained that on July 15, 1997, Council adopted, by Ordinance No. 3(97), the
Redevelopment Plan for the D.B. Revitalization Area and the Redevelopment Agency adopted
R-97-15, a Resolution of the D.B. Redevelopment Agency declaring its policy to accomplish
redevelopment without eminent domain. Copies of these documents are available to the public
at City Hall and at Redevelopment Agency Town Hall Meetings. The Redevelopment Project
Area is comprised of all of the commercial and industrial areas together with the major road
thoroughfares which connect them within the City of D.B. 89% of the City's total property
valuation lies outside of the Project Area. He defined redevelopment as a process that makes
available financial resources to eliminate or alleviate economical and physical blight. These
financial resources are derived by receiving a greater percentage of incremental increases in
property taxes collected from property owners within a project area. He explained the process
using graphs to show the current allocation of property tax monies. He further explained that
these calculations do not affect the City's residential property which lie outside the Project Area.
Martha Bruske stated that the process would be better explained if the speaker referred to
business property tax and residential property tax.
SEPTEMBER 30, 1997 PAGE 2 TOWN HALL MEETING
ED/Belanger stated that any commercial or industrial zoned businesses lying within the project
area are subject to the tax calculations. Residential businesses (home occupations) are not
within the project area and are not affected by the tax calculations. Residential property taxes
that property owners currently pay will continue to be allocated on precisely the same basis they
are calculated today. Regarding Assembly Bill (AB) 1290, he explained that the Redevelopment
Project Area Plan may only incur debt within its first 25. The Plan allows a 30 -year period from
its inception to set in motion the activities that are intended to meet the goals and objectives of
the Plan. The Plan has 45 years to retire the debt incurred within the first 20 years of the Plan.
In response to Chair/Werner, ED/Belanger explained that AB 1290 prohibits pirating of
businesses from one community to another community. Two types of such businesses are auto
dealerships malls and "big box" retail shopping malls.
Jerry Hamilton asked if a property such as K -Mart could be redeveloped since it already exists.
ED/Belanger responded that redevelopment funds can be used to redevelop existing properties.
AM/Harmony asked if redevelopment funds could be used to rehab existing properties and create
an auto mall.
ED/Belanger responded that redevelopment funds can be used to rehab existing urban
properties. However, AB 1290 clearly states that auto malls are not allowed under any
circumstances.
AM/Ansari asked what kinds of activities are allowed under housing set aside rules
ED/Belanger responded that a variety of activities fall under the umbrella of housing set aside
rules: Housing assistance, rehabilitation loans for private property owners, etc and explained
low- and moderate- income housing.
In response to Jerry Hamilton, ED/Belanger explained that it is more likely that the type of low -
and moderate- income housing in D.B. would be in the area of senior housing.
In response to AM/Harmony, ED/Belanger stated that the Redevelopment Agency has not yet
defined the Project Area allocation of resources. Generally speaking, the only cities that have
separate Agency Member boards of directors are the larger California cities that have land use
objectives.
In response to Jerry Hamilton, ED/Belanger responded that redevelopment funds may be used
for redevelopment of existing commercial and industrial properties. Redevelopment monies may
not be used for construction on vacant land.
Don Schad asked if D.B. voters should be able to determine who serves on the Agency Board.
ED/Belanger reiterated that the voters elect Council Members who in turn serve as Agency Board
Members.
SEPTEMBER 30, 1997 PAGE 3 TOWN HALL MEETING
In response to AM/Harmony and Jerry Hamilton, ED/Belanger explained that the golf course is
not included in the Redevelopment Project Area. The City's General Plan designates the facility
as "Golf Course" and not as industrial or commercial use.
Responding to AM/Harmony, ED/Belanger indicated that it would take approximately one year
to amend the Redevelopment Project Area.
M/Huff stated that the exclusion of the golf course property from the project area is a reflection
of the community's desires. A Project Area Committee must be comprised of members of the
community residing within the project area.
AM/Harmony asked what kind of citizen involvement took place in the creation of the
Redevelopment Project Area Plan.
ED/Belanger explained that 15 to 20 public City Council and Planning Commission meetings were
held to discuss redevelopment prior to Council's Adoption of the Redevelopment Project Area.
Martha Bruske asked Council candidates to explain how redevelopment benefits the citizens of
D. B.
ED/Belanger explained that all versions of the City's proposed General Plans contained
redevelopment as an objective. The City could not engage in redevelopment unless it is a
provision of the adopted General Plan.
AM/Harmony asked if the General Plan that was adopted in 1995 was subjected to a public vote
Al Perez asked ED/Belanger to cite negative impacts of redevelopment.
ED/Belanger responded that the impacts of redevelopment depend upon decision makers such
as city council members, consultants, and city staff. For all negative examples of poorly run
redevelopment agencies, there are numerous examples of positive results of well run
redevelopment agencies.
ED/Belanger explained to AM/Harmony that two requests by property owners to have their
properties removed from the Redevelopment Project Area were denied by Council due to their
non -conforming uses.
Martha Bruske again asked how redevelopment will benefit the residents and property owners
of this community and how the city will prevent urbanization.
ED/Belanger reiterated that no Redevelopment Project Area Plan is capable of being approved
unless it is consistent with and conforms to the City's General Plan. Undeveloped areas are
included within the Project Area Plan consistent with the City's General Plan. Land uses are not
determined by the Redevelopment Agency. Land uses for undeveloped properties are
determined by the City Council.
SEPTEMBER 30, 1997 PAGE 4 TOWN HALL MEETING
Don Schad asked why Sandstone Canyon is considered blighted and the SunCal property is not
considered blighted.
ED/Belanger stated that the consultant and attorney recommended that, based upon a proposed
development project, Sandstone Canyon was determined to be blighted with respect to drainage
problems. When L.A. County approved the development, they undersized the inlet. The new
developer has had to correct the drainage structure. In order to provide protection, the area was
included.
Debby O'Connor asked if all redevelopment projects will be subject to the public hearing process.
ED/Belanger indicated that rehabilitation projects for existing properties and redevelopment
projects for new development to begin is a land use application and is subject to the requirements
of the City's General Plan, Development Code and CEQA. Redevelopment does not supplant
land use planning.
Martha Bruske expressed concern about the political fight over redevelopment and felt that when
we became a city, redevelopment was the plan to supplement the City's coffers when the
subventions ceased. She asked about the City's plan to buffer existing residential
neighborhoods. She believed the City's businesses were allowed to deteriorate in order to justify
redevelopment. She asked the City to find out how many home businesses exist in the City.
Further, she expressed concern that the redevelopment issue is not being voted upon by the
citizens and felt that citizens have a right to vote on what occurs in their city.
Don Schad said he was astonished about the lack of participation at this meeting and suggested
that the City provide notice of all public meetings to every citizen. He asked "how long is the
moratorium?"
Allen Wilson believed redevelopment will be a good step toward a long term solution to the city's
economic considerations. Council is elected by the people and is responsible to the voters. If
the citizens don't like Council's actions, Council Members can be voted out of office. He
suggested the City move forward in a positive manner.
Joe Ruzicka stated that if the citizens want more of their tax dollars utilized within the city,
economic revitalization through redevelopment will provide the vehicle. Redevelopment law has
been changed drastically by AB 1290 to insure protection for taxpayers. Redevelopment is a tool
the City can utilize with confidence, determination and watchfulness, to help make the City
financially stable. The City has to have the courage and foresight to proceed.
Clyde Hennessee believed that redevelopment is primarily for the benefit of the City's business
community and that business owners have good intentions toward the City. He further believed
that Redevelopment will benefit the community but he would like for it to be more difficult to
change the rules.
4. WRAP UP AND NEXT MEETING PLAN: AM/Harmony said he heard that some merchants
felt that redevelopment is causing their rents to be increased. He indicated that, as a result of
SEPTEMBER 30, 1997 PAGE 5 TOWN HALL MEETING
redevelopment, developers could receive cheap money, fix up property and sell it at a huge profit
to the detriment of merchants. He believed the city will see a lot of small businesses close.
AM/Herrera said she has discussed redevelopment with numerous citizens who wish to leave
redevelopment decisions to their elected officials. Most of the public is satisfied with Council's
direction. Redevelopment will benefit citizens because it will bring in more sales tax revenue to
support retail and City programs, etc. Redevelopment will replace possible residential property
tax increases.
AM/Ansari said she is concerned about the negativity being spread around the community. The
City will lose almost $2 million in subventions which a cut in City expenses will not replace.
Council is mandated by the General Plan and needs to be visionary and proactive and focus on
business retention and enticing new businesses to relocate to the City.
VC/Huff cited numerous methods for citizens to voice their opinions and be heard. He pointed
out that only two D. B. residences are included within the Project Area due to their non -conforming
status - they are included in commercially- or industrially- zoned properties. Residential
properties will not be affected by changes in taxes. Redevelopment does not replace the City's
General Plan - it supplements the General Plan and is good for D.B. It will support economic
redevelopment without affecting the residential taxpayers.
Chair/Werner again pointed out that redevelopment can be used to buffer neighborhoods by
providing sound walls along freeways, mitigate traffic gridlock, create a central "downtown" type
of area, etc. He reiterated his belief in redevelopment and its benefits to the City.
Chair/Werner thanked the Town Hall Meeting participants
5. ADJOURNMENT: There being no further business to conduct, Mayor Huff
and Redevelopment Agency Chairman Werner adjourned the meeting at 9:28 p.m.
ATTEST:
LYNDA BURGESS, City Clerk
Mayor Diamond Bar Redevelopment Agency
Chairman Gary Werner
04,
3.
laic',
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR e
OCTOBER 7, 1997
CLOSED SESSION: None
CALL TO ORDER: Mayor Huff called the meeting to order at 6:40
p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council
Member Werner and Ganesha High School JROTC Color Guard.
INVOCATION:
Calvary Chapel Pastor Joe Salaiz
ROLL CALL: Council Members Ansari, Harmony, Werner,
Mayor Pro Tem Herrera and Mayor Huff.
Also present were: Terrence L. Belanger, City Manager; Michael Jenkins,
City Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy
City Manager; David Liu, Deputy Public Works Director; Bob Rose,
Community Services Director and Lynda Burgess, City Clerk.
APPROVED AGENDA: As presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed October 1997 "METROLINK REGIONAL RAIL MONTH."
3.2 Presented Certificate of Recognition to Community Volunteer Patrol Member
Gordon Terrien for over 1,000 hours of service to the community.
3.3 Presented Three City/County Community Marketing Association's Award of
Excellence for the City's development of a CD -Rom economic development
marketing tool entitled "Site Selection Program."
BUSINESS OF THE MONTH:
4
3.4 Presented City Tile to "Diamond Country Escrow" as Business of the month.
Accepted by owner Marcie Hollander.
PUBLIC COMMENTS: Mike Goldenberg, DBIA, spoke about the "Paint
Our Town" project and presented a video displaying the efforts made by the
volunteers.
Bob Zirbes, DBIA President, thanked Chairman Goldenberg and this year's project
volunteers. He stated next year's goal is to recruit 200 volunteers to paint 6 D.B.
homes.
Jerry Hamilton said he did not receive a positive response from the Sheriffs
OCTOBER 2, 1997 PAGE 2 CITY COUNCIL
Department when he reported that two local campaign signs had been painted
over.
Allen Wilson reported that the Fire Department had difficulty getting their equipment
into the gated community of Hilton Head in response to a carport fire which severely
damaged three vehicles. He asked for assistance in resolving this situation.
Charles Lohan felt that D.B. does not have a facility of sufficient size to
accommodate 200 Senior Citizen Club members. He felt that a new senior center
should be a higher priority for Council.
Edda Gahm asked what had happened to the City's plan for an alternate road to
take the Chino Hills traffic off of D.B.'s streets. She referred to a Daily Bulletin
Article and asked who directed students to conduct a survey of the wildlife in
Sycamore Canyon, what entity requested the information and what will be done
with the study results. She stated the study appears to be a WCCCA study which
is administered by the Santa Monica Mountains Conservancy. She asked Council
to consider what happens
Sam Safari expressed concern about SunCal's proposed construction of
approximately 200 properties in what he termed the "last wilderness area" of D.B.
He requested the City issue a ballot initiative to place a moratorium on residential
construction in open space. He asked residents to attend the next Planning
Commission's public hearing on this item.
Doug Heideman said when he purchased his home he was assured that the SunCal
property would not be built out. He supported a ballot initiative proposed by Mr.
Safari.
M/Huff explained that SunCal had withdrawn their development applications.
Michelle Hickey spoke against the SunCal project citing increased traffic problems
and the problems presented by another gated community within the community
including loss of country living and open space.
Al Perez said he is pleased that the SunCal application had been withdrawn and
then spoke about campaign sign vandalism.
Don Schad thanked the Sheriffs Department for their assistance at a local market
while his group was seeking signatures for a petition. He showed a photograph of
a residential yard containing vandalized campaign signs. He asked the City to
clean out the storm drains before winter storms hit the area.
Lydia Plunk alleged financial discrepancies in the Wildlife Corridor Conservation
Authority materials. She expressed concern about inaccurate records and indicated
that WCCCA does not respond to her inquiries and concerns.
OCTOBER 2, 1997 PAGE 3 CITY COUNCIL
5
Al
Clyde Hennessee commended the Walnut Sheriffs Station staff and the L.A.
County Fire Department staff. With respect to campaign signs, he said he noticed
many campaign signs posted on City property prior to the legal posting period. He
indicated that the City of San Dimas sells overnight parking permits for $2.00 per
month which appears to be a great source of revenue. He believed that the current
form of the City's code enforcement is a waste of money.
Tom Ortiz reported that he was missing a number of campaign signs. He
applauded the paramedics, ambulance service and Sheriffs Department for their
quick response.
Terry Birrell thanked Steve Nice for the School Traffic Study. She suggested the
traffic study incorporate issues within the surrounding neighborhoods. She asked
Council to approve an expanded School Traffic Study.
SCHEDULE OF FUTURE EVENTS:
5.1 TRAFFIC AND TRANSPORTATION COMMISSION - October 9, 1997 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.2 PLANNING COMMISSION - October 14, 1997 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - October 21, 1997 - 6:30 p.m. - AQMD
Auditorium, 21865 E. Copley Dr.
5.4 PARKS & RECREATION COMMISSION MEETING - October 23, 1997 - 6:30
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.5 TOWN HALL MEETING - ECONOMIC REVITALIZATION - October 25, 1997
- 9:00 a.m. to 12:00 noon, Golden Springs Elementary School Multi -Purpose
Room, 245 S. Ballena Dr.
CONSENT CALENDAR: C/Werner moved, C/Ansari seconded, to
approve the Consent Calendar. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera,
M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES - Regular Meeting of September 16, 1997 as
submitted.
6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES -
Regular Meeting of July 24, 1997.
6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION
MINUTES - Regular Meeting of July 10, 1997.
OCTOBER 2, 1997 PAGE 4 CITY COUNCIL
6.4 APPROVED VOUCHER REGISTER dated October 7, 1997 in the amount
of $1,954,299.24.
6.5 REVIEWED & APPROVED TREASURER'S REPORT for August, 1997.
6.6 REJECTED CLAIMS FOR DAMAGES filed by William Davis on September
5, 1997 and Susan Tellez on September 30, 1997 and referred the matters
to Carl Warren & Co., the City's Claims Administrators.
6.7 REQUEST FOR BIDS FOR DIAMOND BAR BLVD/GENTLE
SPRINGS/PALOMINO SIGNAL:
A. ADOPTED RESOLUTION NO. 97-65: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING
AND DIRECTING THE CITY CLERK, ON BEHALF OF THE CITY OF
DIAMOND BAR, TO ACCEPT THE OFFERING OF THE EASEMENT
DEEDS LOCATED ON GENTLE SPRINGS DRIVE AT DIAMOND
BAR BOULEVARD AND DIRECT THE CITY CLERK TO RECORD
THE EASEMENT DEEDS.
B. ADOPTED RESOLUTION NO. 97-66: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNALS
CONSTRUCTION ON DIAMOND BAR BOULEVARD AT GENTLE
SPRINGS DRIVE/PALOMINO DRIVE AND AUTHORIZED AND
DIRECTED THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
6.8 EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL
PERFORMANCE, LABOR AND MATERIAL) FOR 21820 TENDERFOOT
WAY in the amount of $4,636.80 posted with the City on September 10,
1996. Further, directed the City Clerk to notify the Principal and Surety of
this action.
6.9 ADOPTED RESOLUTION NO. 97-67: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR THE TRAFFIC SIGNALS CONSTRUCTION ON
GOLDEN SPRINGS DRIVE AT CALBOURNE DRIVE AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO RECEIVE BIDS.
6.10 ADOPTED RESOLUTION NO. 97-68: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF
ANNEXING TWELVE (12) EXISTING STREET LIGHTS LOCATED ALONG
THE EAST SIDE OF DIAMOND BAR BOULEVARD BETWEEN ACACIA
HILL ROAD AND MOUNTAIN LAUREL WAY, WITHIN THE CITY OF
DIAMOND BAR, TO THE COUNTY OF LOS ANGELES LIGHTING
OCTOBER 2, 1997 PAGE 5 CITY COUNCIL
MAINTENANCE DISTRICT (LMD) 10006 AND COUNTY OF LOS ANGELES
LIGHTING DISTRICT LLA -1.
6.11 APPROVED NOTICE OF COMPLETION FOR CONSTRUCTION/RETROFIT
OF HANDICAP ACCESS RAMPS - Accepted the work performed by Perry
Maness Industries and authorized the City Clerk to file the proper Notice of
Completion and release any retention amounts 35 days after the recordation
date.
7. PUBLIC HEARINGS:
7.1 PUBLIC HEARING REGARDING PARKING CITATIONS - CM/Belanger
explained that the proposed ordinance takes the citation process from the
L.A. County Code and places it into the City's Code. The process will not
change.
M/Huff opened the public hearing.
Clyde Hennessee asked if the ordinance approves a collection process.
Paul Please said he felt he was not given due process when he received a
parking ticket.
There being no further testimony offered, M/Huff closed the public hearing.
CA/Jenkins explained that the ordinance merely memorializes the
decriminalization of parking citations. The ordinance is a routine matter
which puts into the City's Code the citation system that is no longer heard by
the courts but administratively through the City. It is necessary as a matter
of State law in order for the City to continue operating.
C/Harmony suggested that staff prepare a report on the City's current
parking citation processing and collection system.
A. ORDINANCE NO. 07(1997): AN ORDINANCE OF THE CITY OF
DIAMOND BAR ADDING CHAPTER 10.50 OF TITLE 10 OF THE
DIAMOND BAR MUNICIPAL CODE RELATING TO PARKING
CITATION PROCESSING PROCEDURES. Moved by MPT/Herrera,
seconded by C/Werner to waive full reading and approve Ordinance
No. 07(1997) for first reading by title only. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS -Ansari, Harmony, Werner, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
OCTOBER 2, 1997 PAGE 6 CITY COUNCIL
B. ADOPTED RESOLUTION NO. 96-41(A): A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING
THE PARKING PENALTY SCHEDULE FOR PARKING VIOLATIONS,
LATE PAYMENT PENALTIES, ADMINISTRATIVE FEES AND
RELATED CHARGES FOR PARKING VIOLATIONS. Motion by
MPT/Herrera, seconded by C/Werner to adopt Resolution No. 96-
41(A). Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS -Ansari, Harmony, Werner, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. OLD BUSINESS:
8.1 CONSIDERATION OF PARKS MASTER PLAN SUBCOMMITTEE - Debby
O'Connor, Parks & Recreation Commission Vice Chairman, said the
Commission discussed prioritizing the Parks Master Plan recommendations
and was advised that priorities would be made by Council in accordance
with the City's budget.
Following discussion, MPT/Herrera moved, C/Werner seconded, to form a
City Council subcommittee consisting of the following: Two (2) City Council
Members appointed by the Mayor; two (2) Parks and Recreation
Commission Members appointed by the Parks & Recreation Commission,
two (2) representatives from each school district and staff support as
appropriate. The subcommittee will make its recommendations for
prioritizing the projects proposed in the draft Parks Master Plan and identify
possible funding sources to Council. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9. NEW BUSINESS:
9.1 DISCUSSION REGARDING THE INLAND VALLEY CAPITAL
CORPORATION - Bonnie Mizrahi, Foothill Independent Bank, representing
the Inland Valley Capital Corporation, explained that the IVCC intends to
become a community development corporation whose purpose is to fund
small existing businesses in order for them to expand or to remain in
business. Funding is not intended for startup business. Similar
organizations exist in the San Gabriel Valley, Riverside, Orange County and
San Diego. This is a one-time only grant and the corporation is seeking a
OCTOBER 2, 1997 PAGE 7 CITY COUNCIL
non-binding expression of interest from the City of D.B. Until the
Corporation obtains capital support from the banks, it is in no position to
request funding from cities.
Pomona City Council Member White spoke in support of the program.
Clyde Hennessee said banks are making risky loans. He indicated that, in
his opinion, this program is a method for shielding bad loans.
Frank Dursa asked if this is another way for this City to go into business with
bankers. He felt that this is a way to get cities to subsidize banks.
In response to C/Werner, Ms. Mizrahi stated that whether or not cities
participate, the IVCC will assist businesses throughout the target area.
Following discussion, M/Huff recommended that the subcommittee further
examine the issue, obtain answers and submit a report to Council for
consideration.
C/Werner moved, M/Huff seconded, to approve WHuff s recommendation.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
RECESS TO REDEVELOPMENT AGENCY MEETING: 9:47 p.m.
RECONVENE CITY COUNCIL MEETING: M/Huff reconvened the City
Council meeting at 9:50 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL COMMENTS: C/Ansari
reported that Governor Wilson signed AB1226, which continues the City's
subventions for another two years. The City is continuing its marketing program to
attract new businesses to the community.
C/Werner encouraged citizens to attend the October 25, 1997 Town Hall Meeting
to learn as much as possible about redevelopment.
MPT/Herrera announced that she and C/Ansari had been visiting with local
businesses to discuss redevelopment. She indicated that most business owners
are encouraged about the prospects of redevelopment. Further, the City received
a request to participate in the Greater La Puente "Meals on Wheels" program and
requested that the matter be placed on the October 21, 1997 Council agenda for
discussion. She emphasized that the City is at a critical time in its planning for the
OCTOBER 2, 1997 PAGE 8 CITY COUNCIL
future and encouraged citizens to carefully examine the City Council candidates
and choose positive and proactive leaders.
MIHuff encouraged anyone who is interested in attending the North County
Leadership Institute to contact the City Clerk. He spoke about the City's public
hearing process and current development projects.
12. ADJOURNMENT: There being no further business to discuss,
MIHuff adjourned the meeting at 10:05 p.m. in memory of former La Canada-
Flintridge Council Member Jack Hastings.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR KEETING OF THE PLANNING CONKI83ION
AUGUST 12, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 6:07 p.m. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Ron Pflugrath of The Planning
and Zoning Alliance.
ROLL CALL:
Present: Chairman Ruzicka, Vice Chairman Schad,
Commissioners Fong, Goldenberg and McManus
Also Present: Deputy City Manager James DeStefano, Senior
Planner Catherine Johnson, and Associate
Planner Ann Lungu.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
Don Gravdahl asked what the current code allows with respect to
concrete and brick work within residential front yard setbacks and
whether the Diamond Point Homeowners Association CC&R's allow
homeowners to concrete and brick their entire front yards. He said
it is his understanding that the City's Property Maintenance
Ordinance allows only 40 percent of residential frontage to be used
for parking. He spoke about his concerns regarding circular
driveways.
Mr. Pflugrath stated the "Offstreet Parking and Loading Standards"
require that driveways that provide access to garages having a
setback of less than 24 feet from the property line shall not
exceed the width of the garage door opening plus two feet. The
Development Code does not address circular driveways. Generally,
circular driveways are determined by the width of the lot and what
curb cuts are allowed by the City's Engineer. He suggested this
matter could be added to the Residential Parking section of the
code.
Mr. Gravdahl responded to VC/Schad that the homes in question
include two car garages.
CONSENT CALENDAR - None
OLD BUSINESS: None
NEW BIISINESS - None
CONTINUED PUBLIC HEARING:
1. Draft Development Code (Zoning Code Amendment ZCA 97-1)
Article III - Site Planning and General Development
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AUGUST 12, 1997 PAGE 3 PLANNING COMMISSION
"temporary lighting and holiday lighting" be addressed in
Article III.
Mr. Pflugrath indicated the code does not address
residential lighting. Other temporary uses such as
Christmas tree lots and pumpkin lots are required to
obtain temporary use permits. Residential holiday
lighting could be addressed under the Property
Maintenance section.
Mr. Zirbes asked if areas for affordable housing are
defined within the City's General Plan.
SP/Johnson stated that the General Plan addresses
density. The State requires that affordable housing be
disbursed throughout the City and not concentrated in any
one area.
HILLSIDE MANAGEMENT
C/McManus asked that "elide" be corrected to "slide" in
the fourth line of Paragraph I. under Purpose on Page
III -25.
VC/Schad asked that "streams" be added to Paragraph E.
under Purpose on Page III -24.
C/Goldenberg asked if a project site slope five (5)
percent or greater requires a handicap ramp.
Mr. Pflugrath responded that he will check the UBC.
VC/Schad asked that "with native or indigenous
vegetation" be added to the end of the paragraph entitled
natural slope on Page III -26.
Mr. Pflugrath indicated this requirement is stated
further into this section of the document.
Chair/Ruzicka asked that "to" be deleted from the third
line of Paragraph 1 under B. Exceptions on Page III -31.
He requested rewording of the first sentence in Paragraph
2 under B. Exceptions. Suggested wording: "The
Commission may approval a Variance from the standards of
this Chapter in compliance with 22. xx (Variances) for
parcels that are too small in size or of a configuration
that would ... etc."
Chair/Ruzicka asked that subparagraphs D. and E. of the
Landform Grading and Revegetation Standards be re -
lettered to subparagraphs C. and D. respectively.
AUGUST 12, 1997 PAGE 4 FL"Mzww CONKIssloii
C/Goldenberg stated his concerns about Slope Category 4.
within Table 3 on Page III -33. He asked that the
standards be identified.
DCM/DeStefano indicated the City's current code outlines
the provisions contained within Table 3 on Page III -33.
The Commission may wish to modify the conditions. He
cautioned the Commission not to restrict the property
owner's ability to develop his/her property. The current
categories allow the City to look at each case on its own
merits.
C/Goldenberg indicated he would prefer tighter language
which would still allow for freedom of development.
DCM/DeStefano explained to VC/Schad that the City's
Public Works Division regularly monitors the bench drains
in the City in accordance with current codes and
ordinances. Notices are routinely sent to property
owners that the drains must be cleaned and maintained.
C/Fong asked for definition of "certify" under 4. Use of
variable slope ratios b. 1).
DCM/DeStefano responded that the developer's geotechnical
engineer submits a certified soils and geotechnical
report and project design for the City's geotechnical
review.
C/Goldenberg asked the consultant to provide a graphic
for Item 5. under B. Grading standards on Page III -35.
C/Goldenberg asked for clarification of the seemingly
conflicting height requirements contained in Item 7. a.
and b. under B. Grading standards on Page III -35.
Mr. Pflugrath responded that he believes the statements
are correct. He will check for accuracy.
C/Goldenberg asked that a graphic be added for Item 4
under C. Grading guidelines at the top of Page III -36.
VC/Schad asked that "the use of pumps or other systems"
be added to Items 3. and 4. under A. Drainage Standards
on Page III -37.
DCM/DeStefano stated the developer's technical
consultants certify the type of mitigation measures
utilized to dispose of drainage which is approved by the
City.
C/Goldenberg stated that with respect to the chapter
entitled Access, Trails, and Roadways A. Access, trails
and roadway standards. 1. and 2. on Page III -38, he
AUGUST 12, 1997 PAGE 5 PLANNING CONKISSION
believes the fire department requires a maximum of 15
percent is allowed for driveway grades. He asked that
"and turnarounds" be inserted in the last sentence of
subparagraph 1. so that it reads: "Parking landings and
t»rnaro»nds shall be utilized on all drives over 10
percent grade.
DCM/DeStefano stated the City has been operating under a
code that allows up to 15 percent of a limited stretch of
a street and up to 20 percent within a drive. This is a
policy issue the Planning Commission may wish to
reconsider.
C/Goldenberg stated he is concerned about the ability of
emergency vehicles to traverse certain areas.
The Commission asked Mr. Pflugrath to present his
recommendation.
VC/Schad asked that "Wildlife Migration Corridors" be
inserted in Item 4. under B. Access, trails, and roadway
guidelines on Page III -39.
C/Goldenberg asked for an explanation of Item 5 under A.
Architecture standards on Page III -40. He asked that the
second sentence be changed to read: "Decorative shielded
lighting to highlight a structure is allowed."
C/Goldenberg recommended that Item 3. under A. Fences and
landscaping standards refer to Page III -43 Item C.
C/Goldenberg recommended that Item 4. under A. Fences and
landscaping standards refer to Page III - 44 Item D.
Chair/Ruzicka expressed concerns regarding the use of
wood shake roofing materials.
DCM/DeStefano responded that strict standards are set
forth by the City's Building Official regarding the
percentage of roof that can be replaced with certain
types of materials. He advocated avoiding disallowance
of certain types of materials.
VC/Schad asked that "historical plant materials" be
included in D. under Evaluation of Development Review
Application on Page III -44.
DCM/DeStefano stated that before the term "historic" is
inserted into the document, a definition should be
determined.
The Commission concurred to determine a definition for
"historic" in the Tree Ordinance with reference to Item
D. on Page III -44.
AUGUST 12, 1997 PAGE 6 PLANNING Cvnaiisslur
Craig Clute asked if the Development Code calls out an
architectural review committee.
Mr. Pflugrath stated the Development Code does not refer
to a special architectural review committee. Staff would
continue this process.
Responding to Kerry Garza, SunCal Companies, 550 West
Orangethorpe, Placentia, C/ McManus asked that "Where
feasible" be added to the beginning of the third sentence
of Item 2. under B. Grading standards on Page III -34 so
that the sentence reads: "Where feasible, top soil shall
be stockpiled during rough grading and used on cut and
fill slopes."
Mr. Garza stated his concerns regarding the term
"prominent" ridge as called out in the f irst sentence of
Item 5. under B. Grading standards since he believes he
is positioned to construct residences which conflict with
the proposed code.
DCM/DeStefano suggested the paragraph refer to the
definition of Ridge as stated on Page III -26.
Chair/Ruzicka asked for further discussion of Mr. Garza's
concern by the consultant and the Commission.
Mr. Garza stated he is concerned about the maximum of 30
dwelling units allowed for a cul-de-sac (see Item 7.
under A. Access, trails and roadway standards on Page
III -38.
DCM/DeStefano stated he believes 30 dwelling units was
specified in the Fire Code and Planning and Zoning Code
at the time the document was crafted.
C/McManus asked that "single family" be inserted prior to
dwelling units in Item 7. under A. Access, trails, and
roadway standards.
Chair/Ruzicka asked that 1130" refer to the code as
applicable.
Responding to Mr. Garza's concerns, Chair/Ruzicka asked
that Item 1 under A. Fences and landscaping standards
provide reference to the Noise Control chapter.
Mr. Garza pointed out that "ion" should be eliminated
from Item D. under Fire protection standards on Page III -
43.
LANDSCAPING STANDARDS
Fr
C
lr
AUGUST 12, 1997 PAGE 8 PLANNING COMMISSION
prohibit root growth. He suggested that wording could be
incorporated to explain the different circumstances for
creating growth area.
Mr. Pflugrath stated the five foot wide minimum is a
standard that is incorporated primarily to aid tree
growth. If no trees are involved, a smaller planter area
could be specified.
Mr. Pflugrath commented that the three foot berms
discussed in Item 9 is typical.
C/Fong suggested that Item 9 include a statement that
when an earthen berm is required to screen parking, it
would not need to be a minimum of three feet in height as
long as it accomplished the desired aesthetic effect.
Mr. Pflugrath recommended Item 9 state that where earthen
berms are proposed without landscaping that they should
be a minimum of three feet in height. If the berm is
proposed in connection with other landscaping features it
could be less than three feet in height.
C/Goldenberg requested that "may" be used in place of
"shall" in the second line of Paragraph 5 on Page III -49.
C/Goldenberg suggested that in the event a 48 inch tree
was to be replaced, there could be difficulty with the
statement "in kind" near the end of the third line in
Paragraph 6 on Page III -49.
DCM/DeStefano suggested adding words that incorporate a
determination by the Director. The reason for the
current language is to prevent a developer from removing
a tree without reason or penalty.
C/Goldenberg asked for reconsideration of the language in
Item 3 under section A. Director to approve on Page III -
50. He indicated that this may be the proper place to
look for circumstances or requirements in that area.
DCM/DeStefano explained the language and suggested the
statement may be further clarified.
RECESS: Chair/Ruzicka recessed the meeting at 8:05 p.m.
RECONVENE: Chair/Ruzicka reconvened the meeting at 8:25 p.m.
2. Vesting Tentative Tract Map No. 50314, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Sone Change
96-1 (pursuant to Code Sections Title 21, and Title
22.56.215, 22.26, Part 16 and 22.16 Part 2) are requests
to approve a 15 lot subdivision on approximately 44
acres. The average lot size will be 2.92 acres. Six of
AUGUST 12, 1997 PAGE 9 PLANNING COMMISSIUM
the proposed lots are part of two approved tracts.
Therefore, VTTM 50314's development will result in a net
increase of 13 residential lots. The project site is
within Los Angeles County's Significant Ecological Area
No. 15. The Zone Change will convert the current zoning
of R-1,200 and A-2-2 to R-1-40,000.
Project Address: Southeast of the most southerly
intersection of Steeplechase
Lane and Wagon Train Lane.
Project Owner/Applicant: Kurt Nelson, Windmill
Development, 3480 Torrance
Boulevard, Suite 300, Torrance,
CA 90503
AP/Lungu stated the referenced project was presented to
the Planning Commission on July 22, 1997. At that time,
the public hearing was opened, comments were received on
the Draft Environmental Impact Report No. 97-1 (SCH 96-
071104) and the project entitlement. The public hearing
was continued to August 12, 1997.
The purpose of the continuance is to allow staff, City
consultants and the applicant the opportunity to address
the Commissioners' concerns and respond to public
comments. The responses are presented in a
correspondence from the City's environmental consultant,
Michael Brandman Associates, dated August 5, 1997.
Additionally, a colored landscape exhibit has been
forwarded which delineates the landscaping on Lots 14 and
15, approved with Tracts 47851 and 48487 respectively.
Staff recommends that the Planning Commission recommend
approval for VTTM 50314, Zone Change No. 96-1,
Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1
and Mitigation Monitoring Program, and recommend
certification of EIR No. 97-1 (SCH 96-0711104), Findings
of Fact and conditions as listed within the draft
resolution.
Mike Houllihan and Tom Leslie, Michael Brandman and
Associates, stated they are present to respond to
Commissioners' questions on their written responses.
C/McManus asked if, with respect to comment number 5. in
a letter directed to DCM/ DeStefano on August 6, 1997,
the consultants specifically looked for species and
specific signs.
Mr. Leslie responded that the survey encompasses an array
of items that are specifically sought. He concurred with
C/McManus that the statement should be extended to
indicate the items were looked for and not observed.
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AUGUST 12, 1997 PAGE 11 PLANNING COMMISSION
Responding to additional passages from the letter, Mr.
Leslie stated the mitigation measures have been designed
to minimize as much as possible the introduction of non-
native species into the adjacent natural open space
areas. In addition, the mitigation measures replace the
walnut woodland and the coastal sage scrub at a
reasonable replacement rate in accordance with the City's
guidelines.
C/McManus suggested the consultant and the Fish and
Wildlife Service meet to reach a conclusion regarding
apparent items of disagreement.
Mr. Leslie responded to VC/Schad that as a result of
Michael Brandman and Associates' concerns about impacts
to various species, numerous mitigation measures have
been employed.
Chair/Ruzicka reiterated his understanding that this
project will fix a piece of land that is currently
subject to landslide activity.
Mr. Nelson responded to C/McManus that the Urban
Pollution Basin maintenance is provided for as part of
the Crystal Ridge Estates Homeowners Association budget.
Michael Brandman and Associates performs a five year
mitigation monitoring program for the removal of
construction debris. Subsequently, an easement is
granted in favor of the homeowners association for
collection on all slope areas after that period of time.
The five year monitoring program includes preservation of
the understory. Certain invasive species may not be
introduced into the level pad yard areas so that seeds do
not become windblown.
C/McManus asked who is responsible for what period of
time for maintenance of signs discouraging human
intrusion in natural open spaces of Tonner Canyon SEA No.
15.
Mr. Nelson responded that he will include funding for
sign maintenance in the CC&R's, if necessary. Certain
sections of the CC&R's cannot be amended by the
homeowners without the City's consent. He offered that
any areas of concern could be covered within the
annexation document.
C/McManus introduced a photograph of an oak tree on the
proposed site which indicates the street slope is cut
underneath the drip line and as a result, the tree is
dying.
Mr. Nelson responded that the photograph depicts a
transplanted tree and is not one of the protected trees.
AUGUST 12, 1997 PAGE 12 PLANNING COMMISSION
Lex Williman stated a total of 136 walnut and 68 oak
trees will be removed by the project. The developer can
select and relocate certain trees that appear to be of
value. Mitigation measures call for compensation of the
removed trees.
Mr. Nelson explained that when the developer removes a
tree, he is required to replace it at a 2:1 ratio or 4:1
ratio. A survival rate of 2:1 must be assured. The
developer has every motivation to be certain the tree
survives. However, the tree depicted in the photograph
is not subject to the revegetation plan.
Chair/Ruzicka reopened the public hearing.
Doreen Ferguson, Park Plan, Department of Parks and
Recreation, State of California, said her department
represents the natural resource and the people of
California. She indicated that this project is adjacent
to Tonner Canyon and SEA No. 15 which her department
feels is important to the preservation and future of the
bio -diversity in the State of California. She stated
that in her department's opinion, the DEIR survey was not
adequate. She further stated that a major concern to her
department is the major loss of any more native walnut
woodlands. This development seeks to eliminate 23.2
acres of the approximate 1,000 acres left in Southern
California which greatly diminishes the chances of
survival of the wildlife that this habitat sustains. She
stated "we view this loss as unmitigatible". At the rate
the State is losing its native plants places the wildlife
of Southern California in serious jeopardy. She said her
department agrees with the U.S. Fish and Wildlife Service
in the areas of mitigation concerns and further study.
In particular, she stated her department would like to
see specific areas revegetated such as the southern part
of Tonner Canyon.
Ms. Ferguson stated she is speaking in place of the
department's Resource Ecologist who was unable to attend
tonight's meeting due to illness.
Ms. Ferguson continued that her department is concerned
that there is no mitigation proposed for the loss of the
coastal sage scrub understory which supports the coastal
gnatcatcher. The department is concerned that this area
was not adequately surveyed. She further stated that her
department feels the DEIR downplayed the impacts to
wildlife resources and lacked specificity for evaluating
the status of plant and animal species that may be
present on-site. The DEIR does not prove that surveyors
were present for the appropriate number of hours. DEIR
responses should be related to the fact that this project
is in a significant ecological area that has been set
AUGUST 12, 1997 PAGE 13 PLANNING CONKISSION
aside to be protected. Her department asks that
additional surveys be conducted to determine the presence
of the gnatcatcher, cactus wren, loggerhead shrike,
burrowing owl, grey fox and the San Bernardino mattenking
snake as well as the plant species previously discussed.
Ms. Ferguson responded to VC/Schad that she is not
involved with the Whittier/Chino Hills Wildlife Migration
Authority Research. However, her partner is involved.
C/Fong asked what amount of time Ms. Ferguson feels would
be adequate to survey the site.
Ms. Ferguson responded that she will refer Mr. Fong to
the department's biologist. She stated her department
agrees with the U.S. Department of Fish and Wildlife
Service that because of the project site's importance to
the area (adjacent to Tonner Canyon and the SEA No. 15)
it increases the level of concern.
C/McManus asked Ms. Ferguson if her department can
establish survey standards and parameters.
Ms. Ferguson suggested that the City's Planning
Department work with her department to coordinate
development efforts.
C/Goldenberg asked the applicant to reach agreement with
the State of California in order for the Planning
Commission to reach a decision based on fact.
DCM/DeStefano responded to Chair/Ruzicka that there has
been ample opportunity for agencies to speak with the
City of Diamond Bar regarding their issues of concern
throughout the tenure of this project. The project is
the last piece of development in a series of approved
projects. The same level of cooperation has existed
between the City and its environmental consultant
throughout the project. The City believes the project
meets the requirements of the General Plan as well as,
the standards employed by the Zoning Ordinance,
Subdivision Ordinance, and good environmental practices
proposed as a result of the mitigation measures outlined
for the project.
Ms. Ferguson indicated to C/McManus that her department
recently went on-line with the State Clearing House and
learned of this project. In addition, there was no State
Planning Department staff for some period of time.
There was no further public testimony offered.
AUGUST 12, 1997 PAGE 14 PLANNING COMMISSION
C/Fong stated he believes the geology report should
reference potential impact to the east side of Windmill
Drive.
Mr. Williman said that Tract No. 48487 is a previously
approved tract. It was not ignored as part of the
evaluation of Vesting Tentative Tract Map No. 50314. He
referred C/Fong to a letter included within the report
that indicates that VTTM No. 50314 does not have an
adverse impact and does not change the proposed
mitigation for VTM No. 48487. VTM No. 48487 -has out -of -
slope bedding and shear keys proposed along the entire
edge. The project has a City approved geological report,
approved grading plans which are addressed in a letter
included within this project packet.
Chair/Ruzicka moved to approve VTTM 50314, Zone Change
No. 96-1, Conditional Use Permit No. 96-1, Oak Tree
Permit No. 96-1 and Mitigation Monitoring Program, and
recommend certification of EIR No. 97-1 (SCH 96-0711104),
Findings of Fact and conditions as listed within the
attached draft resolutions. The motion died for lack of
a second.
C/Goldenberg moved, C/McManus seconded, to continue
Vesting Tentative Tract Map No. 50314, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 to August 26, 1997 and request the applicant to meet
with the U.S. Fish and Wildlife Service and the State of
California Parks and Recreation Department
representatives to reach agreement. The motion was
carried 5-0.
PUBLIC HEARINGS:
1. Conditional Use Permit No. 97-2 and Development Review
No. 97-6 is a request (pursuant to Section 22.40.430) to
locate and operate an unmanned cellular
telecommunications facility at Peterson Park. The
proposal is to attached two microcell antennas to an
existing light pole and construct a freestanding
equipment cabinet, covered by a screening mesh enclosure,
adjacent to the pole. The project will be located at the
southern perimeter of Peterson Park, adjacent to the SR
60.
Property Address: Peterson Park, 24142 Sylvan Glen
Road, Diamond Bar
Property Owner: City of Diamond Bar, 21660 E. Copley
Drive, Diamond Bar
Applicant: L.A. Cellular, 17785 Center Court
Drive North, Cerritos, CA
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AUGUST 12, 1997 PAGE 17 PLANNING; COMMISSION
Applicant: Kent Wu Architects, 1274 E. Center
Court Drive, Suite 211, Covina, CA
91724
Staff recommends that the Planning Commission open the
public hearing, receive comments, and continue this item
to the meeting of August 26, 1997.
Chair/Ruzicka opened the public hearing.
There was no one present who wished to speak on this
item.
VC/Schad moved, C/McManus seconded, to continue
Development Review No. 97-4 to August 26, 1997. The
motion was carried unanimously.
CONTINUED PUBLIC HEARING;, Cont.
1. Draft Development Code.
Chair/Ruzicka asked for public comment on the Landscape
Standards Chapter of Article III - Site Planning.
Bob Zirbes asked if single family detached residences
could be included in Applicability A. on Page III -45.
Mr. Pflugrath suggested "tract development" be eliminated
from Item C. on Page III -47 and that the requirement be
limited to the front yard area. The "exception to
single-family detached residences will be eliminated from
Paragraph A. under Applicability on Page 45.
NATER EFFICIENT LANDSCAPE STANDARDS.
Mr. Pflugrath presented the Water Efficient Landscape
Standards chapter beginning on Page III -51.
C/Goldenberg asked if Diamond Bar is exploring the use of
Wind -sensing devices under Definitions on Page III -52.
C/McManus asked what triggers the "documentation package"
referred to in Item A. Submittal required under
Applicability on Page III -53.
Mr. Pflugrath responded that the Buyer's Awareness
Package for the homeowner or information provided by the
property owner for renters.
VC/Schad asked that "k. invasive plants to be removed."
be added following j. under 3. Landscape design plan
requirements on Page III -54.
AUGUST 12, 1997 PAGE 18 PLANNING COMMISSION
Mr. Pflugrath stated a list of invasive plants would need
to be provided.
DCM/DeStefano suggested that this request be studied by
staff for proper placement such as the Landscape section.
With respect to the list of invasive plants, it may be
more appropriate to list a source of invasive plants be
cited.
Craig Clute concurred with VC/Schad regarding invasive
plants. He suggested recycled water be considered for
use on a wider basis throughout the City.
Bob Zirbes asked for a better definition of "A.
Homeowner -provided landscaping at single-family and
residential projects;" under Applicability on Page III -
52.
Mr. Pflugrath responded that this statement is proposed
to separate it from the contract/developer provided
landscaping which is required under the Landscape
section.
PLANNING COMMISSION ITEMS:
C/Fong asked staff for an update with respect to Mr. Clute's
request concerning the cellular antenna site at the SR 57/SR 60
interchange.
DCM/DeStefano responded that the Walnut Pools cellular site is
being pursued by the second applicant. The applicant has not
submitted plans nor received building permits and therefore,
improvements required by the Planning Commission have not occurred.
There is approximately six to eight months left ;on the two year
Planning Commission approval.
INFORMATIONAL ITEMS:
DCM/DeStefano stated he and AP/Lungu will be absent from the August
19, 1997 Development Code meeting. SP/Johnson will participate in
portions of the City Council meeting being held on the same
evening.
SCHEDULE OF FUTURE EVENTS:
As presented in the agenda.
. T -n
AUGUST 12, 1997 PAGE 19 PLANNING COMMISSION
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 11:15 p.m. to
6:00 p.m. August 19, 1997 in the South Coast Air Quality Management
Board Room.
Respectfully Submitted,
/s/ James DeStefano
James DeStefano
Deputy City Manager
Attest:
/s/ Joe Ruzicka
Joe Ruzicka
Chairman
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MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 19, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 6:07 p.m. in the
South Coast Air Quality Management Board Hearing Room, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Robert Zirbes.
ROLL CALL:
Present: Chairman Ruzicka, Vice Chairman Schad,
Commissioners Goldenberg and McManus
Absent: Commissioner Fong
Also Present: Acting Planning Commission Secretary Catherine
Johnson and Planning Technician Susan Cole.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of August 5, 1997.
C/Goldenberg moved, C/McManus seconded, to approve the
minutes of August 5, 1997 as presented.
OLD BUSINESS: None
NEW BUSINESS - None
CONTINUED PUBLIC HEARING:
1. Draft Development Code (Zoning Code Amendment SCA 97-1)
Article III - Site Planning and General Development
Regulations.
Mr. Pflugrath continued with Article III presentation for
the Chapter entitled Noise Control On Page III -60.
Mr. Pflugrath corrected the third line of 3. standard No.
3 on Page III -64 to read: "shall be the applicable noise
level from Subsection A, plus I& (instead of 20) dB; or,
etc.
Mr. Pflugrath responded that Table 3 Exterior Noise
Standards on Page III -64 complies with the City's General
Plan guidelines.
Mr. Pflugrath indicated CNEL at the end of C. Residential
design requirements 1. on Page III -66 is stricken so that
the paragraph ends following 40 dBA.
AUGUST 19, 1997
Steve Tye
residential
properties.
PAGE 2 PLANNING COMMISSION
asked how noise levels are measured on
properties that back up to industrial
Mr. Pflugrath responded that the noise level for
residential would be measured according to the criteria
for Noise Zone II (Page III -66) within the boundaries of
the residential property.
SP/Johnson responded to Bob Zirbes that the City's
ambient noise level is called out in the General Plan.
OFF-STREET PARKING AND LOADING STANDARDS (Pages III -72 through
III -92)
C/McManus asked how Item C. Vehicles for sale on Page
III -73 can be enforced without a code enforcement officer
being available on weekends.
C/Goldenberg asked if a residential room addition can be
completed if the unit suffers from non -conforming
parking.
SP/Johnson explained that if a violation was uncovered
upon inspection, the building permit would not be
approved. It is illegal to remove parking (See S.
Parking and loading to be unrestricted on Page III -73).
Mr. Pflugrath explained that room addition building
permits are procedural matters for City staff's review
and approval.
Chair/Ruzicka stated that C/Goldenberg's concern warrants
more definitive language within the code. This is a
violation that occurs within the City with some
frequency.
Mr. Pflugrath referred the Commission to D. Nonconforming
status on Page III -73 and suggested that a section be
added for single family residential.
Chair/Ruzicka responded to Mr. Pflugrath that a thorough
inspection should be triggered by any building permit
request.
Chair/Ruzicka stated his concerns regarding the lack of
sufficient on-site parking at Diamond Bar High School.
Mr. Pflugrath responded that most school district's do
not provide the correct number of parking spaces. He
suggested signage be placed on residential streets to
curb the parking.
AUGUST 19, 1997 PAGE 3 PLANNING COMMISSION
C/Goldenberg asked that "as provided in Table XX on Page
XX" be added to Paragraph G. Company-owned vehicles on
Page III -74 for clarification.
Regarding VC/Schad's concern regarding parking
availability for the Heritage Park Community Center, Mr.
Pflugrath referred the Commission to Performance
theaters, meeting halls and membership orgpnizations in
Table 3-xx on Page III -77.
C/Goldenberg asked that "Bowling alleys" be changed to
"Bowling centers" in Table 3-xx on Page III -76.
C/Goldenberg asked that a definition be provided for
"ancillary uses". (See Table 3-xx on Page III -76. - e.g.)
C/Goldenberg stated he believes the Code should
incorporate "guest parking" for new hillside development
in addition to the required parking.
Mr. Pflugrath suggested that language be provided to
indicate that parking will be required "at the discretion
of the Director".
C/Goldenberg suggested the City consider offering "in
lieu fees" to acquire public parking area be included in
Reduction of Off -Street Parking Requirements for Shared
Use on Page III -81.
C/Goldenberg reiterated his concerns regarding concreting
of single family residential front yard areas. (See Page
III -82). He stated he believes the code should include
an acceptable standard.
C/Goldenberg recommended that with respect to Page III -
85, the landscaping should define the ingress and egress
points of the driveway.
Mr. Pflugrath responded to Chair/Ruzicka that property
owners who have created additional parking by concreting
front yard areas may be in violation of the current code.
Responding to Chair/Ruzicka, Mr. Pflugrath stated he
believes Real Estate laws require disclosure of non-
conforming situations upon listing of the property for
sale.
C/McManus asked if whether a fence that has been
illegally allowed to stand on a property for a certain
period of time becomes the property of the current
property owner.
Mr. Pflugrath responded that the judicial system may find
that it is unreasonable for a City requires a building
AUGUST 19, 1997 PACE 4 PLANNING C01 MISSION
owner to correct a situation that has been in place for
a number of years.
Mr. Pflugrath indicated to Chair/Ruzicka that he will
research the situation and advise the Commission.
C/Goldenberg stated that enforcement depends on the
philosophy of the City Council.
C/Fong arrived at 7:15 p.m.
Chair/Ruzicka stated that if a future City Council
chooses to be more proactive, the Development Code will
provide the vehicle.
Mr. Pflugrath referred the Commission to E. Driveway
width and length on Page III -89 in response to
C/Goldenberg's concerns regarding concreting of single
family residential front yard areas. He indicated that
he has noted future discussion of 1. Circular drives and
2. driveway width maximums.
C/Goldenberg recommended that "five" feet be changed to
"seven" feet in the third line of 6. perimeter parking
lot landscaping a. Adjacent to streets to allow two feet
for bumper overhang. The Commission concurred.
VC/Schad stated that some of the City's major grocery
stores place grocery carts on sidewalk areas immediately
adjacent to parking areas which creates a pedestrian
hazard. He asked if the code can provide for adequate
walkways.
Mr. Pflugrath indicated that in order to implement the
code, compliance would be required at the time of
addition or remodel on a case by case basis. Compliance
could not be required on a retroactive basis. He
indicated that grocery markets are required by ADA and
Fire Code to maintain a clear four foot access way.
C/Goldenberg recommended "When provided," be added to the
beginning of the last sentence under M. wheel
stops/curbing on Page III -88 so that the sentence reads:
"When Provided, wheel stops shall be placed to allow for
two feet of vehicle overhang area within the dimension of
the parking space."
Mr. Pflugrath stated E. Clearance from obstruction will
be renumbered "F." and F. Traffic safety sight area will
be renumbered "G." on Page III -89.
C/Goldenberg stated that the Fire Department requires
driveways for multi -family uses with more than six units
to have a minimum paved width of 1126" feet instead of
AUGUST 19, 1997 PAGE 5 PLANNING COMMISSION
1124" feet (see e. driveway width and length, 2. multi-
family uses. b. on Page III -89.
VC/Schad recommended location requirements be added to B.
Bicycle parking design and devices a. on Page III -90.
Craig Clute commented that with respect to dBa levels,
CalTrans uses a "b" weighted scale. The City uses an "a"
weighted scale.
Mr. Pflugrath stated that he is unaware of any zoning
document that contains other than an "a" weight scale.
Mr. Clute stated his concerns regarding possible code
violations with respect to business uses on Golden
Springs Drive east of the Brea Canyon Road intersection.
Tom VanWinkle commented that the ingress/egress for
Coco's Restaurant area west of Brea Canyon Road on Golden
Springs Drive presents a safety hazard.
PLANNED DEVELOPMENT STANDARDS (Page III -93 and III -94).
Mr. Pflugrath presented the Chapter entitled Planned
Development Standards.
RECESS: Chair/Ruzicka recessed the meeting at 7:50 p.m.
RECONVENE: Chair/Ruzicka reconvened the meeting at 8:00 p.m.
PROPERTY MAINTENANCE STANDARDS (Page III -95 through III -105)
Mr. Pflugrath responded to C/McManus that personal use
vehicles are not covered under C. Motor vehicle parking
on Page III -97.
In response to Chair/Ruzicka, Mr. Pflugrath indicated
this community responds on a complaint basis only. Older
communities tend to have strict and active code
enforcement and use uniformed officers that carry badges
and have citation authority.
C/Fong asked that e.g. dead branches, dead palm fronds,
dead lawns, etc. be added at the end of paragraph E.
Landscape maintenance on Page III -97.
Chair/Ruzicka requested the "exit" be corrected to
"exist" at the beginning of line three under A. Public
nuisance and nuisance per se 2. Written notice on Page
III -100.
Craig Clute commented that it is unfortunate the City is
on a reactive basis with respect to code enforcement.
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xOISSINNOO oxixxY7d 6 RaKd L66T 16T MOnDaY
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 26, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 6:08 p.m. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Don Gravdahl.
ROLL CALL:
Present: Chairman Ruzicka, Vice Chairman Schad,
Commissioners Goldenberg, McManus and Fong
Also Present: Acting Planning Commission Secretary Catherine
Johnson, Associate Planner Ann Lungu and
CA/Jenkins.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of August 12, 1997.
VC/Schad moved, C/Goldenberg seconded, to approve the
minutes of August 12, 1997 as presented.
OLD BUSINESS: None
NEW BUSINESS - None
CONTINUED PUBLIC HEARING:
1. Draft Development Code (Zoning Code Amendment SCA 97-1)
Article III - Site Planning and General Development
Regulations: Review of Article II - Zoning Districts and
Allowable Land Uses, and Article V - Subdivisions and the
Zoning Map.
Mr. Pflugrath continued with Article III presentation for
the Chapter entitled Tree Preservation and Protection
(Page III -129 thru III -136.
VC/Schad requested the second line of I. DBN (diameter at
breast height) on Page III -130 be changed to read:
"...feet at the lowest point of the natural grade etc."
Following discussion, the Commission concurred to change
the second line as follows: omit "highest point of the
natural grade or" so that the second line reads:
"...feet at the existing grade adjacent to the trunk."
AUGUST 26, 1997 PAGE 2 PLANNING COMMISSION
VC/Schad requested that the first line of R. Protection
zone. on Page III -130 be changed to read as follows:
"The area within the drip line of a tree and extending to
a point at least 1jrj feet" instead of five feet.
Following discussion, the Commission did not concur to
accept VC/Schad's request.
C/McManus read the following and asked that it be entered
into the minutes verbatim:
Trees are a Danger in Diamond Bar
Expressing every goal, need, wish, or itch as a "right" -
either fundamental or inalienable - is almost mandatory
these days. Here is a newly discovered right: The
fundamental rights of trees and rocks. "Trees and rocks
have rights to their own freedom," said Michael
McCloskey, Chairman of the Sierra Club.
In Schiller's "William Tell", the rural Swiss realize
their ancient liberties are in danger when the new
bailiff rides up to accost one of them for the offense of
erecting a dwelling on his own land. "I am the Regent in
the Emperor's stead and will not have the peasants
building houses of their own will and living lives as
freely as if they were the masters in this country." The
Villagers fear before long, the new overlords will turn
their very forests and meadows into game preserves for
the amusement of courtiers from the city. She governs
best who governs least!
Today it is routine to read of a landowner denied
permission to build a house, lay down a gravel path or
plant or trim a tree. Much of rural America is in open
revolt against the laws that require such permissions.
To thi day, neither special interest groups nor
governmental officials seem to understand the anger of
the landowners.
The laws and regulations pub in place to "save and
protect" fit a pattern. An item or some amenity is
identified that an affluent society might wish to buy
more of. The next step is to draft laws simply
commanding owners to preserve and protect it, often
barbed with criminal penalties. Once a person has shown
that swamps or trees are ecologically valuable, they have
proved the case for ordering the owners to maintain them
forever at whatever sacrifice. "The equivalent would be
for an admiral to say that because the U.S. needs a navy,
the government can take your land for dockyard without
paying you."
AUGUST 26, 1997 PAGE 3 PLANNINO coAnissivm
It used to be that Uncle Sam would buy land when he
expanded a national park or set aside a wildlife refuge.
That is the method contemplated in the Bill of Rights,
whose Fifth Amendment reads in part, "nor shall private
property be taken for public use without just
compensation." Now officials have learned the trick:
Leave title with the owner and freeze use.
Absent physical invasion, there has been no taking, so
not a dime is owed. Or that is what officials keep
arguing with a straight face.
The laws banning the trimming of trees, etc., are now
absurdly written and very loosely defined. Drafters of
regulations actually prefer vague prohibitions that force
landowners into negotiations in which the agency bargains
from strength. One result has been the transfer of power
and wealth to lawyers on both sides.
Having to pay for takings imposes both a pragmatic and a
moral discipline on those who wield power: "If you must
pay, then it forces thought about what is really valuable
and what is not. If the property is free, the outcome is
obvious: take everything you can get your hands on." As
for the moral side of things, well, trading is ethically
superior to stealing. "The pro -property forces should
stand firmly where they belong, on the moral high
ground."
VC/Schad requested that the first line of B. under Tree
Replacetent/Relocation Standards on Page III -133 be
changed as follows: "Replacement trees shall be planted
at a minimum 4:1 ratio for residential properties
...etc." instead of a 2:1 ratio. Following discussion,
the Commission did not concur to accept VC/Schad's
request. Mr. Pflugrath pointed out that the last
sentence of paragraph B. gives the Director or Commission
the ability to grant exceptions and to require a greater
replacement ratio based upon considerations 1., 2. and 3
listed on Page III -134.
Mr. Pflugrath pointed out that E. Enforcement. 1. is
corrected to read as follows: "Any person who cuts,
damages, or moves a protected tree in violation of this
Chapter shall be deemed guilty of an infraction or a
misdemeanor in compliance with Section 22.XXX legal
rpmed i ear:. "
Mr. Pflugrath responded to C/McManus that information
regarding legal remedies should be requested from the
City Attorney.
Chair/Ruzicka asked for public comment.
AUGUST 26, 1997 PAGE 4 PLANNING CONXISSION
Bob Zirbes said his first thought upon reading the
proposed Tree Preservation and Protection chapter was
that this item should be a ballot initiative. He said he
believes it would be difficult to impose these
overbearing and burdensome restrictions upon current
homeowners. He suggested that the Ordinance be applied
to new development/construction and recommended the
following exception be added as G. under Sxeaptions on
Page III -132: "Trees, except those designated by the
City Council as historical or cultural trees, located on
all developed properties prior to the adoption of this
ordinance."
John Forbing said that based upon the fact that he has
lived in Diamond Bar for 23 years and that he is
President of the Historical Society, he is fairly
familiar with the trees in the community. The City is
currently maintaining 10,000 trees. He pointed out that
the Eucalyptus trees at the Evangelical Free Church that
were planted by the Diamond Bar Ranch founder in 1927
were deemed historical through the permit process. He
indicated that he believes there are no additional
existing trees on the Diamond Bar Ranch that have any
significance with the exception of oak trees living in
undeveloped canyons. He stated that 1940's and 1950's
photographs of the Ranch do not show trees except for the
oak trees located on the north slope. The majority of
this Ranch was all open grassland used for grazing and
was not a tree lined area. The trees this community
enjoys today have been planted since 1960 when the first
homes were built. Every homeowner has planted trees of
their choice and maintained them as they choose. He
explained that he planted a weeping willow which overtook
his backyard and infringed upon his neighbors pool. As
a result, it was necessary to remove the tree. He said
he believes removal would not have been allowed as the
proposed code is written and does not know what recourse,
if any, his neighbor may have had. He stated that the
difficulty with a 4:1 ratio is that depending upon the
type of tree to be replaced, a residential back yard can
become a jungle. He concurred that Mr. Zirbes' exemption
recommendation should be considered by the Commission.
Don Gravdahl concurred with Mr. Zirbes and Mr. Forbing.
The homeowners have planted and cared for trees in
residential neighborhoods and will continue to do so
without imposing the proposed conditions. He said he
believes this portion of the proposed Development Code
will invite noncompliance and discourage future planting
of trees.
Todd Kurtin, developer, strongly supports tree
replacement and preservation of oaks and walnuts that are
on their property. He indicated that there is not
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REGULAR NESTING OF THE PLANNING CONKISSION
BEPTEN$ER 6, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 9:30 a.m. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Paul Wright.
ROLL CALL:
Present: Chairman Ruzicka and Commissioners Goldenberg
and McManus
Absent: Commissioner Fong and Vice Chairman Schad
Also Present: Acting Planning Commission Secretary Catherine
Johnson, Associate Planner Ann Lungu and
Consultant Ron Pflugrath.
MATTERS FROM THE AUDIENCE/PUBLIC CONKZNTS - None
CONSENT CALENDAR - None
OLD BUSINESS: None
NEW BUSINESS - None
CONTINUED PUBLIC HEARINGS:
1. Draft Development Cod* (Soninq Code Amendment ZCA 97-1)
Article II and Article V of the Development Code and make
an informal recommendation.
All present arrived prior to 9:00 a.m. and waited for
audience participants to arrive. +
Chair/Ruzicka asked for the record to reflect that Vice
Chairman Schad and Commissioner Fong were not present and
had not indicated they would be absent. There was no
public present for this meeting.
Chair/Ruzicka noted for the record that this meeting was
well advertised.
SP/Johnson explained that discussion of Articles II and
V concluded during the September 2, 1997 meeting with an
informal recommendation for approval as amended. The
September 9, 1997 meeting will include a discussion of
the Citywide Design Guidelines.
Chair/Ruzicka indicated he will forward his grammatical
corrections to staff for inclusion in the amended
Articles.
SEPTEMBER 6, 1997 PAGE 2 PLANNING COMMISSION
PUBLIC HEARINGS - None
PLANNING COMMISSION ITEMS - None
INFORMATIONAL ITEMS - None
SCHEDULE OF FUTURE EVENTS:
As presented in the agenda.
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 9:38 a.m. to
Saturday, September 9, 1997 at 7:00 p.m. in the South Coast Air
Quality Management Auditorium.
Respectfully Submitted,
/s/ Catherine Johnson
Catherine Johnson
Acting Secretary
Attest:
/s Joe Ruzicka
Joe Ruzicka
Chairman
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CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
BOARD HEARING ROOM OF S.C.A.Q.M.D.
21865 Copley Drive
AUGUST 28, 1997
CALL TO ORDER:
Chairman Finnerty called the meeting to order at 7:12 p.m.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by VC/O'Connor.
ROLL CALL:
Present: Chairman Finnerty, Vice -Chairperson O'Connor, and Commissioners
Holder, Medina and Tye
Staff: Community Services Director Bob Rose and Athletic Specialist Paolo Lopez
MATTERS FROM THE AUDIENCE - None
CALENDAR OF EVENTS:
CSD/Rose presented the Calendar of Events.
1. CONSENT CALENDAR:
1.1 Approval of Minutes of July 10, 1997 Regular Meeting.
1.2 Approval of Minutes of July 24, 1997 Regular Meeting.
1.3 Transmittal of Letter to AYSO dated 8/6/97
1.4 Transmittal of Letter to AYSO dated 8/22/97
1.5 Transmittal of Newspaper Article dated 7/28/97 regarding Ranch Festival
1.6 Transmittal of Letter dated 8/22/97 regarding Ranch Festival request for use of
Peterson Park.
C/Tye pulled Consent Calendar Items 1.2 and 1.5.
VC/O'Connor requested the following spelling corrections on Consent Calendar Item 1.1:
Page 6, Paragraph 2, correct Summitri!dge (first word in the paragraph), Page 6, Paragraph
2, last word in line 3 corrected to acre, Page 5, Paragraph 2 under 4., correct the second
word to Brogie, and Page 5, the last sentence in Paragraph 5 under 4. correct the first
AUGUST 28, 1997 PAGE 2 PARKS & RECREATION COMMISSION
word to 51aff.
VC/O'Connor moved, C/Tye seconded, to approve Consent Calendar Item 1.1 with
corrections, and 1.3, 1.4 and 1.6 as presented. The motion was approved 5-0 with
C/Holder abstaining on Consent Calendar Item 1.1.
C/Tye requested that Consent Calendar Item 1.2 be changed as follows: Page 3,
Paragraph 5, second sentence under 4. OLD BUSINESS: 2. Parks Master Plan. is changed
to read: "He volunteered that enlarging the Heritage Park Community Center and parking
area to accommodate more citizens would have a negative impact on the Park as a
whole."
C/Tye stated that with respect to Consent Calendar Item 1.5, that the press made no
attempt to request input from any Parks and Recreation Commissioner for the San Gabriel
Valley News July 26, 1997 Ranch Festival article.
CJTye moved, C/Holder seconded, to approve Consent Calendar Items 1.2 and 1.5. The
motion was carried 5-0.
2. INFORMATIONAL ITEMS:
1. Recreation Update.
AS/Lopez presented the Recreation Update.
3. OLD BUSINESS - None
4. NEW BUSINESS:
1. Consideration of Cellular Telephone Antenna Site in Peterson Park.
CSD/Rose stated that LA Cellular has presented a proposal to the City of Diamond
Bar to install a cellular telephone antenna and small telecommunications facility
at Peterson Park. Because this is the first such installation proposed to be located
in a City Park, the Parks and Recreation Commission is asked to receive public
testimony and forward its recommendation regarding the appropriateness of this
precedent setting matter and its impact upon the park to the City Council in order
for the City Council to render its decision. CSD/Rose referred the Commission to
site plan drawings and explained the proposed installation.
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CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
HEARING BOARD ROOM OF S.C.A.Q.M.D.
21865 Copley Drive
SEPTEMBER 25, 1997
CALL TO ORDER:
Chairman Finnerty called the meeting to order at 7:10 p.m.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by Chair/Finnerty
ROLL CALL:
Present: Chairman Finnerty, Vice -Chairman O'Connor, and Commissioners
Holder, Medina and Tye
Staff: Community Services Director Bob Rose and Community Services
Supervisor Wendy Bowman
MATTERS FROM THE AUDIENCE - None
CSD/Rose reported on the chemical spill that occurred today on Castlerock Road.
CALENDAR OF EVENTS:
CSD/Rose presented the Calendar of Events.
1. CONSENT CALENDAR:
1.1 Approval of Minutes of August 28, 1997 Regular Meeting.
VC/O'Connor requested that the last paragraph on Page 3 be corrected as
follows: VC/O'Connor asked why citizens and a City Planning Commissioner
were so concerned about the Darrin Drive site and do not have the same
concerns about the proposed Peterson Park site.
VC/O'Connor moved, Chair/Finnerty seconded, to approve the minutes of
August 28, 1997 as corrected.
SEPTEMBER 25, 1997 PAGE 2 PARKS & RECREATION COMMISSION
2. INFORMATIONAL ITEMS:
1. Recreation Update.
CSS/Bowman referred the Commissioners to letters of thank you from residents
addressed to the City thanking Mickey McKitrick, Marlene Dunn and the
Recreation staff for a job well done.
CSS/Bowman presented the Recreation Update which included a summary of
participant's suggestions and comments as well as, a matrix comparison of the
1996-1997 Contract Classes.
C/Tye asked amount maintenance of the restrooms at Paul C. Grow Park.
CSD/Rose indicated he will speak with the Parks Maintenance Contractor and
report back to the Commission. He offered that the maintenance schedule
could be revised or staff could assist with supplies replenishment prior to
scheduled events.
C/Tye commended the recreation staff for their excellent work. He reiterated
his concern that the City of Brea does not refer to the City of Diamond Bar
either in the letterhead portion or in the body of letters they mail to the public.
C/Medina stated he would like to see involvement by the Folklorico contract
class members at the Anniversary Celebration.
2. Status of Capital Improvement Projects.
CSD/Rose reported on the status of the Pantera Park Construction project and
the Peterson Park ADA Retrofit project.
3. OLD BUSINESS - None
4. NEW BUSINESS:
1. Evaluation of Concerts in the Park.
CSD/Rose presented the 1997 Concerts in the Park evaluation. He thanked the
City of Brea for providing an excellent staff for crowd control and assistance.
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
AUGUST 14, 1997
CALL TO ORDER:
Chair/Leonard called the meeting to order at 7:07 p.m. at the South
Coast Air Quality Management District Board Hearing Room, 21865
East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Commissioner
Morris.
ROLL CALL:
Commissioners: Chair Leonard, Vice -Chair Virginkar,
Commissioners Istik and Morris
Staff: Deputy Director of Public Works David Liu;
Assistant Engineer Rose Manela, Planning
Technician Susan Cole.
Absent: Commissioner Nice
I. APPROVAL OF MINUTES
A. Minutes of June 12, 1997.
C/Istik moved, C/Morris seconded, to approve the
June 12, 1997 minutes as submitted. The motion was
approved 2-0-2 with the following Roll Call vote:
AYES:
COMMISSIONERS:
Istik, Morris
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
VC/Virginkar, Chair/Leonard
ABSENT:
COMMISSIONERS:
Nice
B. Minutes of July 10, 1997.
C/Istik asked that the minutes be corrected to
reflect that Chair/Leonard called the meeting to
order.
VC/Virginkar moved, C/Morris seconded, to approve
the minutes of July 10, 1997 as corrected. The
motion was approved 4-0 with the following Roll Call
vote:
i � 1
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
SEPTEMBER 11, 1997
CALL TO ORDER:
Chair/Leonard called the meeting to order at 7:05 p.m. at the South
Coast Air Quality Management District Hearing Board Room, 21865
East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Commissioner
Istik.
ROLL CALL:
Commissioners: Chair Leonard, Vice -Chair Virginkar,
Commissioners Istik, Morris and Nice
Staff: Deputy Director of Public Works David Liu;
Assistant Engineer Rose Manela, Planning
Technician Susan Cole and Administrative
Assistant Tseday Aberra.
I. APPROVAL OF MINUTES
A. Minutes of August 14, 1997.
VC/Virginkar moved, C/Istik seconded, to approve the
August 14, 1997 minutes as submitted. The motion
was approved 4-0-1 with the following Roll Call
vote:
AYES: COMMISSIONERS: Istik, Morris,
VC/Virginkar, Chair/Leonard
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Nice
ABSENT: COMMISSIONERS: None
II. COMMISSION COMMENTS:
C/Morris suggested that the meeting minutes be reduced to
action minutes. Chair/Leonard concurred.
C/Nice stated his safety concerns regarding the wheel
chair ramp curb markings at Rising Star Drive and
Fountain Springs Road.
Responding to C/Istik, DDPW/Liu indicated the Heritage
AUGUST 14, 1997 PAGE 2 T&T CONXISSION
AYES: COMMISSIONERS: VC/Virginkar, Morris,
Istick, Chair/Leonard
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Nice
II. CORKISSION CONVENTS - None
III. PUBLIC COMMENTS - None
IV. CONSENT CALENDAR - None
V. OLD BUSINESS:
A. Parking Restrictions on Washington Street Between
Brea Canyon Road to South Alder Lane.
DDPW/Liu presented staff's report. Staff recommends
that the Traffic and Transportation Commission
receive further comments and input from residents
and property owners and discuss various alternatives
to the parking restriction to forward to the City
Council.
Lyle Kennedy, Industry Machinery Sales, Washington
Street, stated he is not opposed to a parking ban on
Washington Street. However, he proposes something
less than a ban such as "No Overnight Parking" or no
engines running on parked vehicles for the
residential portion of the street.
Dr.. Lawrence Rhodes, 21224 Fibre Court, said he
represents approximately 15 people who live in the
area who are concerned about site safety when
exiting from Lincoln Avenue North onto Washington
Street because trucks are parked too close to the
intersection. He and the people he represents are
asking for 150 feet of red curbing on both sides of
Washington Street at Lincoln Avenue. He indicated
he concurs that refrigeration units should not be
allowed to run all night. Several residents of the
trailer park on Washington Street drive trucks or
tractor trailers and cannot park their vehicles
inside the trailer park.
Sgt. Rawlings cited Diamond Bar Ordinance No. 4
which addresses parking of commercial vehicles on
city's streets. He suggested the Ordinance be
posted on Washington Street to alert commercial
AUGUST 14, 1997 PAGE 3 T&T CO1MMISSION
vehicle operators regarding the law.
Dr. Rhodes said that the cabover portion may not
meet the restrictive commercial weight standard and
that is the reason the residents are asking for the
red curbing.
Following discussion, C/Istik moved, VC/Virginkar
seconded, to recommend to the City Council the
installation of "No Commercial Vehicle Parking" over
five ton (10,000 pounds) on both sides of Washington
Street from Brea Canyon Road easterly to its
terminus, and install 150 feet of red curbing on the
southwest corner and the northeast corner of
Washington Street at Lincoln Avenue. The motion was
approved 4-0 with the following Roll Call vote:
AYES: COMMISSIONERS: Istik, VC/Virginkar,
Morris, Chair/Leonard
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Nice
I. NEW BUSINESS:
A. Intersection Markings on Carpio Drive and Armitos
Place.
AE/Manela presented staff's report. Staff
recommends that the Traffic and Transportation
Commission concur with staff's recommendation to
install 100 feet length intersection markings of
three legs of the intersection of Carpio Drive and
Armitos Place.
Debby O'Connor asked what kind of striping is
proposed to be installed.
DDPW/Liu responded that a solid double yellow line
striping is proposed.
C/Morris moved, C/Istik seconded, to concur with
staff's recommendation to install 100 foot length
intersection markings on three legs of the
intersection of Carpio Drive and Armitos Place. The
motion was approved 4-0 with the following Roll Call
vote:
AYES: COMMISSIONERS: Morris, Istik,
AUGUST 14, 1997 PAGE 4 T&T COMMISSION
VII.
VIII.
I8.
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VC/Virginkar, Chair/Leonard
None
Nice
STATUS OF PREVIOUS ACTION ITEMS - None
ITEMS FROM COMMISSIONERS - None
ITEMS FROM STAFF:
A. Monthly Traffic Enforcement Update:
Sgt. Rawlings presented the July, 1997 traffic
enforcement update.
H. Future Agenda Items:
DDPW/Liu reported that two items are proposed for
the September 11, 1997 meeting:
1) Parking Restriction - North Side of Walnut
Drive at Lemon Avenue
2) comprehensive School Traffic Access and
Circulation Study - Austin -Foust
B. INFORMATIONAL ITEMS:
A. Comprehensive School Traffic Access and Circulation
Study.
Joe Foust, Austin -Foust Associates, Inc., reported
on the Comprehensive School Traffic Access and
Circulation Study for Diamond Bar High School.
Summary of Recommendations:
1. Open up the Brea Canyon Road access to all
traffic both in and out.
2. Construct a new right -turn only entrance to the
senior lot.
3. Install a physical barrier on Pathfinder Road
to prevent left turns out of the main driveway.
Chair/Leonard asked if Mr. Foust discussed with the
Diamond Bar High School staff the possibility of
AUGUST 14t 1997 PAGE 5 TAT CONKISSION
closing the Evergreen Springs Drive gate.
Mr. Foust responded that the Evergreen Springs Drive
gate will need to remain open on a limited basis
because there is some amount of staff parking at
this time. He indicated that his recommendation
would be to close the gate to student pedestrian
access.
C/Istik reminded the Commission that by a 3-2 vote,
the Commission recommended to the City Council that
the Birch Hill Drive traffic problems be addressed
as part of the School Traffic Circulation Study.
Mr. Foust stated that in order to address the
problem of Diamond Bar High School traffic on
residential streets, the City would need to address
enforcement and/or consider a "permit" parking
program. There is a small grassy area at the front
of the school that could be converted to a limited
number of additional parking spaces. The school
suffers a parking shortage.
VC/Virginkar explained that his children preferred
the Evergreen Springs Drive access and that he feels
it is a safe and major dropoff and pickup point. He
indicated his understanding that the Evergreen
Springs Drive gate cannot be closed due to the on-
site automotive workshops.
Mr. Foust stated his suggestion was to close the
gate to pedestrian traffic only and not to vehicular
traffic.
Mr. Foust explained proposed usage of the four
traffic ingress/egress points on Pathfinder Road and
Brea Canyon Road in response to VC/Virginkar's
inquiry.
VC/Virginkar suggested it may be more reasonable to
suggest vehicles enter from Pathfinder Road and exit
onto Brea Canyon Road.
VC/Virginkar asked why Mr. Foust did not recommend a
physical barrier on Brea Canyon Road similar to the
barrier suggested for Pathfinder Road.
Mr. Foust responded that a left turn out onto Brea
AUGUST 14, 1997 PAGE 6 T&T CONKISSION
Canyon Road should be allowed and not prohibited by
a physical barrier.
Mr. Foust responded to C/ Morris that in his opinion
closing the Evergreen Springs Drive school access
gate to pedestrian traffic would not relieve the
residential streets of student parking.
C/Istik asked if additional signs are needed to
regulate student parking in the Birch Hill Drive
area.
Sgt. Rawlings responded that missing signs leave
gaps and the signs that are present are in disrepair
and leave the driver guessing. If the ticketed
vehicle owner complains, the Sheriff's Department
frequently dismisses the citation because the signs
are in disrepair. Signs with arrows pointing in
different directions would assist enforcement. He
pointed out that the signs should extend the full
length of the streets in question. U-turn signs are
more often obeyed when officers are present.
Elizabeth Beard, Birch Hill Drive, suggested one-way
traffic in the school parking lot and a traffic
signal to regulate left turn ingress to the parking
lot from Pathfinder Road. She further suggested
installation of red curbing from the southwest
corner of Evergreen Springs Drive at Pathfinder road
southerly to the driveway entrance. She talked
about a lone 1 hour parking sign at the easterly
corner of Lost River Drive that relates to nothing.
She spoke about signage on one side of the street
and no signage on another side of the street and
about sign posts that have been knocked down. She
said there is a great deal of parking availability
for student vehicles on Pathfinder Road south of
Diamond Bar High School. She reiterated her
suggestion that the school parking lot needs a
logical one-way traffic flow pattern, and a control
light and left turn lane for traffic proceeding west
on Pathfinder Road.
Rudy Wallachy, Sunset Crossing Road, spoke against
the white curbing in front of Diamond Point
Elementary School which seems to be in conflict with
the signage. He suggested the curb should be
changed back to the natural grey color.
AUGUST 14, 1997 PAGE 7 T&T COMMISSION
DDPW/Liu stated the Diamond Point Elementary School
study was presented at a previous meeting. The
inconsistencies between the white curbing and
existing signage will be addressed at a future
meeting. Mr. Wallachy will be notified regarding
the future meeting.
Craig Clute, Fountain Springs Drive, suggested the
Brea Canyon Road access be opened to allow
ingress/egress, angle parking on Brea Canyon Road, a
left turn traffic signal and que on Brea Canyon Road
and Pathfinder Road at the Diamond Bar High School
entrances, and adequate signage to advise vehicular
traffic about the 25 mph school zone. He suggested
the curb in front of the high school and around the
corner on Brea Canyon Road to the school driveway be
designated "student drop-off" (green zone) to
alleviate the traffic congestion on Evergreen
Springs Drive. He suggested the Commissioners and
staff visit the Tustin schools to see how they have
incorporated angle parking to relieve traffic
congestion. He suggested staff discuss with the
high school the possibility of removing portable
classrooms from the parking lot.
D. Missing signs: Evergreen springs Road and Brea
Canyon Road.
AE/Manela presented staff's report.
DDPW/Liu responded to Chair/Leonard that staff is
considering replacing some signs. However, it would
not be feasible to replace certain signs that are in
conflict with current legal authority. Staff and
Foust Associates is conducting a citywide survey of
signage in conjunction with the school traffic
study.
C/Morris stated that due to resident's testimony and
the fact that the Walnut School District has place
portable classrooms in areas previously reserved for
parking without consideration to replacing the
parking spaces, communication between staff, City
Council and the school district is essential. The
school principal has ultimate authority. He said
the Walnut School District's absence from the school
traffic study process is disturbing to him.
AUGUST 14, 1997 PAGE 8 TAT C014KXSSXON
DDPW/Liu indicated staff continued to communicate
with the Walnut School District. Dr. Hockwalt has
been apprised of the school traffic study
recommendations. In addition, the Walnut School
District has been invited to participate in the
community workshops.
Mr. Foust responded to Chair/Leonard that his firm
has kept the Walnut School District current with the
scope of work and provided draft copies of all
materials submitted to the Traffic and
Transportation Commission for consideration. The
school district has been encouraged to attend
Commission meetings and community workshops.
VC/Virginkar stated he believes Mr. Foust has made a
good start in recommending improvements. He
believes that there is a lot more work that needs to
be done with respect to Diamond Bar High School. He
pointed out that Diamond Bar High School is the
largest school in the City; that it is located at
the intersection of two important streets -
Pathfinder Road and Brea Canyon Road, and that there
is a significant impact to the adjacent residential
community. He stressed the need for further school
ingress/egress consideration as well as, parking
within the school parking lot. He requested that
Austin -Foust Associates make a more detailed
presentation to the Commission for Diamond Bar High
School.
C/Istik suggested that the city offer to reconfigure
the first school parking lot entrance on Pathfinder
Road immediately south of Brea Canyon Road to allow
for ingress only with immediate right and left turns
pockets which would circulate traffic throughout
both sides of the current parking area.
Chair/Leonard recommended that the reconfiguration
incorporate a pickup and dropoff area similar to the
area recently installed at Quail Summit Elementary
School.
The Commission concurred to request that Austin -
Foust Associates incorporate citizen's and
Commissioner's recommendations and concerns for
further consideration and offer the Traffic and
Transportation a more detailed presentation
AUGUST 14, 1997 PAGE 9 T&T COMMISSION
including graphics.
H. Goals and Objectives.
DDPW/Liu indicated he has received input from
Chair/Leonard and C/Morris. He asked for input from
the other Commissioners in order to prepare an
update and presentation for the Commission.
C. Speed Limit Update - sunset Crossing Road.
AE/Manela presented staff's report.
C/Istik asked that staff consider removing the 40
mph sign just west of Prospectors Road on Sunset
Crossing Road due to the installation of the cul-de-
sac.
Following discussion, the Commission concurred to direct staff
to establish dates for the Comprehensive School Traffic Access
and Circulation Study community workshops.
XI. SCHEDULE OF FUTURE CITY MEETINGS:
Received and filed.
XII. ADJOURNMENT:
There being no further business to come before the Traffic and
Transportation Commission Chair/Leonard adjourned the meeting
at 10:15 p.m. to September 11, 1997.
Respectfully,
/s/ David G. T,iu
David G. Liu
Secretary
Attest:
/s/ Joyce Leonard
Joyce Leonard
Chairperson
SEPTEMBER 111 1997 PAGE 2 T&T COMMISSION
Tract Traffic Study is scheduled for City Council
discussion on November 4, 1997.
C/Istik requested a copy of the Heritage Tract Traffic
Study staff report.
DDPW/Liu indicated he will forward copies of the report
to the Traffic and Transportation Commissioners.
III. PUBLIC COMMENTS - None
IV. CONSENT CALENDAR - None
V. OLD BUSINESS - None
I. NEW BUSINESS:
A. Parking Restriction - North Side of walnut Drive
Asst of Lemon Avenue.
AE/Manela presented staff's report. Staff
recommends that the Traffic and Transportation
Commission concur with staff's recommendation to
install "No Stopping anytime" signs on the north
side of Walnut Drive between 20465 Walnut Drive and
Lemon Avenue and on the south side of Walnut Drive
between the driveway of 20540 Walnut Drive and Lemon
Avenue, and to forward this recommendation to the
City Council.
Michael Scott, Scott Engineering, 20540 Walnut
Drive, indicated vehicles disregard the "No Stopping
Anytime" on Walnut Drive in front of his business.
He recommended red curbing on the north side of
Walnut Drive from in front of 20465 Walnut Drive
east to Lemon Avenue. He asked that the "No
Stopping Sign" which was knocked down at the corner
of Walnut Drive and Lemon Avenue be replaced and
that the curbing in front of 20540 Walnut be painted
red to enforce the "No Stopping Anytime".
Following discussion, C/Istik moved, C/Morris
seconded, to recommend that the City Council approve
red curbing on the north side of Walnut Drive from
20465 easterly to Lemon Avenue and red curbing on
the south side from the driveway of 20540 Walnut
Drive easterly to Lemon Avenue. The motion was
approved 5-0 with the following Roll Call vote:
SEPTEMBER 11p 1997 PAGE 3 T&T COMMISSION
VII.
VIII.
IB.
AYES: COMMISSIONERS: Istik, Morris, Nice,
VC/Virginkar, Chair/Leonard
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
STATUS OF PREVIOUS ACTION ITEMS:
DDPW/Liu reported that at its August 19, 1997 meeting,
the City Council awarded the design services for traffic
signals on Diamond Bar Boulevard at Montefino Avenue and
on Diamond Bar Boulevard at Quail Summit Drive. At the
same meeting, the City Council approved single broken
yellow centerline striping on Minnequa Drive. The area
residents have been notified that work is scheduled to
commence on September 26, 1997. On September 2, 1997,
the City Council approved "No Parking" for commercial
vehicles over five tons on Washington Street with the
exception of the frontage for the two existing commercial
businesses, and 150 feet of red curbing at the southwest
and northeast corners on Washington Street at Lincoln
Avenue. Intersection marking work for Carpio Drive at
Armitios Place is scheduled for mid October pending
completion of the current slurry seal project.
ITEMS FROM COMMISSIONERS:
C/Morris complemented staff for completion of the Diamond
Bar Boulevard resurfacing ahead of schedule.
VC/Virginkar spoke about a raised yellow street barrier
on a 90 degree bend in the City of Cupertino.
ITEMS FROM STAFF:
A. Monthly Traffic Enforcement Update:
Sgt. Rawlings presented the August, 1997 traffic
enforcement update.
B. Future Agenda Items:
DDPW/Liu reported that the Traffic and
Transportation Commission will consider an item
regarding left turns at the Century 21 E -N location
on Grand Avenue at its October 9, 1997 meeting.
SEPTEMBER 11# 1997 PAGE 4 T&T COMMISSION
S. INFORMATIONAL ITEMS:
DDPW/Liu stated that the Pathfinder Road median striping
in front of Diamond Bar High School consists of a solid
double yellow which creates a median in front of the
school and eliminates the two-way left turn in and out of
the parking lot. Staff feels that installation,of the
median addresses the safety concerns.
A. Comprehensive School Traffic Access and Circulation
Study.
Joe Foust, Austin -Foust Associates, Inc., presented
recommendations for Armstrong Elementary School,
Evergreen Elementary School, Castle Rock Elementary
School, and Quail Summit Elementary School. In
accordance with the Commission's request, Mr. Foust
presented additional recommendations for Diamond Bar
High School.
Audrey Hamilton, 1429 Copper Mountain Drive, said
she favors eliminating the drive thru in the parking
lot area at Quail Summit Elementary School. She
suggested that the driveway in the parking area be
extended from Forest Canyon Drive through to Quail
Summit Drive at Paul C. Grow park to allow for
student drop off and pick up at peak hours in order
to compensate for the anticipated 40 percent
increase in student enrollment and provide for
student safety.
Patty Durke, 2516 Castle Rock Road, stated she
agrees with the consultant's recommendation to
eliminate the left turn in and out of the Evergreen
Springs Elementary School driveway. She recommended
that red curbing be placed on the west side of
Castle Rock Road at the fire hydrant location in
front of 2511 Castle Rock Road and for the entire
length of the curve.
Kelly Mathews, 2519 Castle Rock Road, concurred with
Mrs. Durke's comments. She spoke about the
congestion inside the school's parking lot and
suggested cars should be regularly cleared from the
area. She stated parents routinely make illegal U-
turns in the area.
Linda Russell, 2371 Canyon Park Drive, concurred
SEPTEMBER 11, 1997 PAGE 5 TiT COMMISSION
with the consultant's recommendations to install red
curbing and ladder crosswalk at the Castle Rock
Elementary School entrance. She does not concur
that the crossing guard should be removed from the
rear area of the school because the four way stop
creates a great deal of confusion. She indicated
that the school staff adequately monitors the front
area of the school. She said she agrees that a
guard rail should be installed at the rear of the
school. However, she believes that additional
measures need to be employed to insure proper
parking/stopping for student drop off and pick up.
There was no one present who spoke regarding
Armstrong Elementary School.
XI. SCHEDULE OF FUTURE CITY MEETINGS:
DDPW/Liu stated the School Study Workshop #1 will be held at
6:30 p.m. on September 26, 1997 in the South Coast Air Quality
Management Meeting Room CC2. The 12 workshop on October 2
will also be held in Room CC2.
XII. ADJOURNMENT:
C/Morris moved, VC/Virginkar seconded to adjourn the meeting.
There being no further business to come before the Traffic and
Transportation Commission Chair/Leonard adjourned the meeting
at 10:05 p.m. to 6:30 p.m. September 25, 1997, in Room CC2 of
the South Coast Air Quality Management Building.
Respectfully,
/s/ David G. Liu
David G. Liu
Secretary
Attest:
/s/ Joyce Leonard
Joyce Leonard
Chairperson
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Pro Tem Herrera and Councilmember Ansari
FROM: Linda G. Magnuson;' Assistant Finance Director
SUBJECT: Voucher Register, November 4, 1997
DATE: October 29, 1997
Attached is the Voucher Register dated November 4, 1997. As
requested, the Finance Department is submitting the voucher
register for the Finance Committee's review and approval prior to
its entry on the Consent Calendar.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
Abril, Michelle
*001-2300-1002
Accurate Landscape
*139-4539-2210
*139-4539-7,500
*001-4311-5300
*001-4313-5300
*001-4316-5300
*001-4319-53'00
*001-4322-5300
*001-4'325-S Y)0
*001-4328-900
* u)1-4331-5:00
Accurate Landscape
*001-4313-2210
*C)01-4316 '10
*001-4311-2210
*WI- 28-2210
*001-4310-1200
*001-4350-5305
Abri 1M
1 81104A
Accurate
2 81104A 01/6286
2 81104A 01/5696
2 81104A 01/5897A
81104A 02/5897A
2 81104A 03/5897A
2 81104A 74/5897A
51104A 05/58974
2 '31104A 06/5;M
2 8i104A 07/5897A
2 811'i4A 08 /58 97A
Accurate
5 81104A 06/6285A.
3 81104A 07/6285A
3 81104A 08/6285A
3 81104A 09/6285A
2 81104A 01/6135
L '.'
81104A 01/6004
=dvanced Courier Concept AdvCowier
4001-2300-1012 1 81104* -
*001 -2300-1012 2 811044
American Storage LTD AmerStorag
*001-4090-2130 2 81104A 01/6535
10/2Q 11/04
10/29 11/04 50561
10/9 11/04 50794
10/29 11/04 50KO
10/2"3 11/04 50820
10/29 11/04 50520
10/29 11/04 `')820
10/29 11/04 50820
10/2Q 11/04 50820
10/29 11/04 `_:0r,2=)
10/29 11/04 50620
10;29 11/04 50531
10;29 11/04 50582
10/29 11/04 50,984
10/29 11/04 50585
10/29 11/04 50679
10/2911/04 5068.3
10/29 11/04 1107002
10/29 11/04 1107,'024
10/29 11/04
Refnd-SecrtyDepst-SycCyn
TOTAL DUE VENDOR --------
Sept-Add'1 Maint Dist M39
Sept Maint-Dist #39
Sept Maint-PGrow
Sept Maint-Hertge Prk
Sept Maint-Maple Hill Prk
Sept Maint-Peterson Prk
Sept Ma:nt-Ron Reagan
Sept Maint-Starshine Prk
Sept, Maint-Summtrdge
Sept Maint-SycCynPrk
TOTAL DUE 'VEND'OR
Sept Add'1 Main.t-HrtgPrk
Sept AddI Maint-MapleHil
Sept Add'! Maint-PGrow
Sept Add"1 Maint-Sumtrdge
Paper Supplies -Parks
Remv!Con!nPrk5tage
TOTAL DUE VENLOR
Courier5vcs-EN 96-151
CourierSvcs-EN 96-151
TOTAL DUE VENDOR --------}
An1RentStorgeUn-PubWk5
TOTAL DUE VENDOR --------
50.00
50.00
114.K
6, 1'19.62
1,119.'00
763.50
Q16.20
t, 221.60
1,018.00
579.00
1,527.00
1,825.78
15,215.'3':
.'4
K.15
3
158.'7
504.00
200.00
1,'481.98
52.'� i
46.10
99.00
1,210.00
1,210.00
-UN -i "E 4a ..
_. - - _ - - _
_ -
AGE
-,
JENDOR LAME
VENDOR ID.
rrE AID s
ACCOUNT PRW.TX-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/ND. EN`' f,rDL'E 1P1'rul.E
CEcCPiPTI2N
AMLNT DATE CHEC�
AARP-55 Alive
AARP
*001-4350-4300
4 81104C 01/6136' 10/2Q 11/04
MatreDriverTrng-HrtComCtr
88.00 11/04/97 0000034543
TOTAL PREPAID AMOUNT ----}
38.00
TOTAL DUE VENDOR --------}
0.00
Abril, Michelle
*001-2300-1002
Accurate Landscape
*139-4539-2210
*139-4539-7,500
*001-4311-5300
*001-4313-5300
*001-4316-5300
*001-4319-53'00
*001-4322-5300
*001-4'325-S Y)0
*001-4328-900
* u)1-4331-5:00
Accurate Landscape
*001-4313-2210
*C)01-4316 '10
*001-4311-2210
*WI- 28-2210
*001-4310-1200
*001-4350-5305
Abri 1M
1 81104A
Accurate
2 81104A 01/6286
2 81104A 01/5696
2 81104A 01/5897A
81104A 02/5897A
2 81104A 03/5897A
2 81104A 74/5897A
51104A 05/58974
2 '31104A 06/5;M
2 8i104A 07/5897A
2 811'i4A 08 /58 97A
Accurate
5 81104A 06/6285A.
3 81104A 07/6285A
3 81104A 08/6285A
3 81104A 09/6285A
2 81104A 01/6135
L '.'
81104A 01/6004
=dvanced Courier Concept AdvCowier
4001-2300-1012 1 81104* -
*001 -2300-1012 2 811044
American Storage LTD AmerStorag
*001-4090-2130 2 81104A 01/6535
10/2Q 11/04
10/29 11/04 50561
10/9 11/04 50794
10/29 11/04 50KO
10/2"3 11/04 50820
10/29 11/04 50520
10/29 11/04 `')820
10/29 11/04 50820
10/2Q 11/04 50820
10/29 11/04 `_:0r,2=)
10/29 11/04 50620
10;29 11/04 50531
10;29 11/04 50582
10/29 11/04 50,984
10/29 11/04 50585
10/29 11/04 50679
10/2911/04 5068.3
10/29 11/04 1107002
10/29 11/04 1107,'024
10/29 11/04
Refnd-SecrtyDepst-SycCyn
TOTAL DUE VENDOR --------
Sept-Add'1 Maint Dist M39
Sept Maint-Dist #39
Sept Maint-PGrow
Sept Maint-Hertge Prk
Sept Maint-Maple Hill Prk
Sept Maint-Peterson Prk
Sept Ma:nt-Ron Reagan
Sept Maint-Starshine Prk
Sept, Maint-Summtrdge
Sept Maint-SycCynPrk
TOTAL DUE 'VEND'OR
Sept Add'1 Main.t-HrtgPrk
Sept AddI Maint-MapleHil
Sept Add'! Maint-PGrow
Sept Add"1 Maint-Sumtrdge
Paper Supplies -Parks
Remv!Con!nPrk5tage
TOTAL DUE VENLOR
Courier5vcs-EN 96-151
CourierSvcs-EN 96-151
TOTAL DUE VENDOR --------}
An1RentStorgeUn-PubWk5
TOTAL DUE VENDOR --------
50.00
50.00
114.K
6, 1'19.62
1,119.'00
763.50
Q16.20
t, 221.60
1,018.00
579.00
1,527.00
1,825.78
15,215.'3':
.'4
K.15
3
158.'7
504.00
200.00
1,'481.98
52.'� i
46.10
99.00
1,210.00
1,210.00
c;•2Uf +hME VENDOR
ACCOUNT OROJ.TX-NO BATCH PO.LIh'EINO. EIW; / It!'a'�:CC .�_--_- _ `, I"G_`,' DH'•� ;C
------------------------------------------------------------------------------------------------------------------------------------
Aqua Bac'Al�low 4
AquaBack
+001-4311-2210
2 81104A 02/6491
10/2
111/04
1,1071
Bc,.fiwTevt,Maint-PGrow
245.`'2
-001-4.313-2:'110
- '_1104A 01/6491
1',,22
11,04
.8071
2o.,1f1wTests/Maint-!irtgPrk
0.00
*001-4316-21210
2 81104A 03/6491
10/29
11/04
18071
Bc�flwTasts/Maint-Mp,eHil
210.'?)
70TAL DUE VENDOR --------'
f
-`
_L_.59
Aqua Backflow k
AquaBack
*001-431:3-2210
4 81104A 01/6560
1,D/23
11/&4
15179
Bck.*:wrests-HrtgePrk
119.1:k
X001-4319-2210
2 811044 03/6560
t0/2`11
11;04
28179
Bc.flwTest-FctersnPrk
18.')0
4001-4325-2710
1 51104A
10/29
11/04
10,179
Bckflwiest-SummtrdgePrk
1101.00
*00 1 - 4331S,- 22, 10
'1 '311044 04/6560
10/29
11/04
18179
Bckflwtest-StarshinePrk
S. ,)o
*001-43311-2210
2 ''•11AA 02/6560
10/29
11/04
18173
Ecr.fiwTasts-SycCynPrk
18.00
TOTAL DUE VENDOR --------;
191.86
Atherton, *^atr.cia
2 29
*001-3478
4 811040
10/29
11/04
2130.8,'
Recreation Refund
;4.00
-U'TA,L DUE ')ENDOR--------f
34.00
Brardman Assoc., Micnael 3rardman
*0(1-2300-1011
1 1104A
10/29
11134
(09—, —;i-_
�-
Aug -Sep rrfE';cs--ER 4" 03
,.4.
�,1=_ 4
{;)01-2300-1:10
2 811044
13,`23
11/04
)439 -Sep PrfSvcs-PPL 94-25
02 1 2'300-1011)
1 31104A
10;29
11/04
Aug -^. p P fS.vca-FPL 9?- i,
•
1 .15_.-
1101- 300-1010
3 8111044
10/2`9
11'0 4
','-'37-3071
Hug -Sep Prf5vcs-FPL *^-ib
364.0}•.,
TOTAL DUE 'VENI'OR--------;
Brea, City of
BreaCity
*001-4:350-1200
2 81104A 01/6_"
10/2'3
11!04
211(111
RecS�ppls-IGit prtsliiyCmp
3,89 .`:
__-___-
`!7TAL DuE VENDOR - r
-nn7 c��
,,o».•J.)
Budget 911-ts
Budget8lin
4CJi-4314-2210
2 81104A 01/6218
10/23
11/04
271
miniLlinls-HrtgPnk;,omCtr
T -TA �+=VD
iJ�� WJE ,;OR -------->
--.- -r
, a
CLOUT
CLt�lT
4001-4010-2:'25
1 81104C
10/29
ll/C'4
3en Mt; -101 3-An5ara_--
*J01-4+::30-2325
1 31104C
10/29
11/04
Len Mtg-10/23 C%r
30.00 11A)4/97
'.DIAL PREPAID AMOUNT ----t
45.00
T2;7AL 1E VENDOR --------5
0.:+0
VENDOR IAME VENDOR =FE-FAiD *
ACCOUNT ='SCJ. TX -ND BATrH P4.LINE/ VD. EN7Rf,IDUE INi' C:H 7': F:z -"Citi AMLtiNT DATE -,?iECY:
------------------------------------------------------------------------------------------------------------------------------------
Carel Derr•is
CarolDenni
*001-4210-400+)
4 31104B
02/6087
*001-4210-46,00
2 011'145
X2/6037
*O01-4210-4000
6 81104D
02/6087
*001-4350-43;:0
2 :,11045
03/5!)!37
0)1-4553-4000
2 911045
04/6037
Chang, Gloria 2135
4001-247'S 7 S, 11104D
Charles Abbott & Asc :-c :`,ar1esrbb
*001-2300-1012
5 81104A
*001-4510-1;227
4 91I04A 01!5312
*001-4551-5223
2 81104A 01/6349
*(101-2300-1012
4 31:f%4A
*001-4510-5227
2 81104A 01 /6257
K01-2300-1012
_1.,.4A
l;ntas Corporation
*011-4310-2130
:-cf*ee Saith
4;01-4090-2'325
-+ as
I 104 1 11 613 1
CoffeeSmit
M04A 01/6034
Community Disposal Co. camDisposl
4001-4510-5501 2 81104A 01/60$6
Converse Consultants ConverseCo
4001-1'300-1012 6 811044
Corona, Jose CoronaJ
*001-2300-1002 2 311044
10/29
11/04
ADR'y710
MiiutesADRMtgs-9/23-10/14
160.00
1`..lf29
11/04
PBCC9713
M:-iute5-10/7 CCncl Mtg
::60.00
10129
11/04
PC9713
MinutesPingMtgs9/23-10/14
700.00
10/24
:1,'04
;1RR9710
Mirutes-'r'WR Comm Mtg 9/25
160.00
10/1'4
11/04
TT -97-09
Minutes-r'WOtgs-9/25-10/2
600.00
_3TAL SUIE VENDOR --------)
1,' 30.00
10/2'+
11/04
23'2'S1
Recreation Refund
55.00
TOTAL DUE VENDOR --------)
55.00
10/29
11/04
105
Prof Svcs -EN 95-1.32
360.00
1:11129
11/04
106
sradinglrspectionSvcs
1,044.19
10/2
11/04
10'
Grading/F'1nChkSvcs
264.68
10/29
11,104
108
Prof Svcs -EN 95-122
132
_.50
10/29
11/04
110
GracelnspectnSvcs-Jut-Aug
1,926.54
I,,--?
11/04
114
Prof Svcs -EN ?6-151
797.50
?,TAL DUE VENDOR --------) 4,43+?.41
10!'2' 11/04 15•�i:61_'3 UniFrmsF'r4Staff-w/of10/1.3
"-^L _`JE JENIDOR--------
10129 11/134 6.143
10/29 11/04
Meeting Supplies
,-,L DUE VENDOR
1'= . 03
19.03
2'8.95
23.95
StreetSweep3vcs-Sept 7,949.85
-'TAL DUE VENDOR --------} ',949.;;3
10/'29 11/04 131;0? GecTechR4w-EN 97-1`33 1,5:31.0:}
TGTAL OLE VENDOR --------) 1,331.00
10129 11/04 39460 Refnd-SecrtyDeposit 50.00
TOTAL DUE VENDOR --------> 50.00
TCT4L DUE VEND r --------) I.6533.2*
DW Engineering
D&JEng,ie
VENDOR NAME
E CR .D.
10/2
'1/04
o7DH11
Plag33ftySvcs-9/20-10/17
18,422.62
ACCOUNT PROJ.TX-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE,NO.
EN;=,
:,VE
:N.°.:.__
I.E. _ iF".Or,
CJE_.
AMOUNT 1hTE -
Curatala, Gelsom:ne
CuratolaG
*OC'1-40'40-2'.'.15
*C,()I-'3473
1 81104A
11104
I11i^,4
3:43
Recreation Ret..nd
13.Cw3
'DTAL JUE VENL•OR --------}
"JTAL DUE 'VENDOR --------}
111.00
D&J Engineering
D&:JEngine
*_L.0-4 10-6411 12` r43
*001-4220-5201
4 81104E 01/5952
10/29
11/'14
?7DB-Spec(,13
SpecBldgSvcs-4/11,25,29
615.00
*001-4210-5201
6 911048 O1/ 452
10/29
11,+.14
97,DB-5pec04
SpecB1JgSvcs-RnchFestvl
658.80
*001-2300-1010
4 811048
10129
11/04
Q7PLNG-W6
RvwSvcs-FPL 97-031
90.00
*001-2300-1010
5 S1104B
10/24
11r04
97LNC-106
^vwSvcs-FF'L 97-032
*001-2300-1010
6 81104B
10/29
11/04
w7Ping-006
RvwSvcs-FPL 97-022
90.00
Y,001-2:00-1010
7 81104E
101/29
1i/f,4
?-Ping-,J.30
R,,Svcs-FPL 97-030
,).Do
TCT4L DUE VEND r --------) I.6533.2*
DW Engineering
D&JEng,ie
*001-4220-5201
2 331048 01/5'a5:
10/2
'1/04
o7DH11
Plag33ftySvcs-9/20-10/17
18,422.62
TJTAL zJE 'VENDOR --------}
18,4:2.62
D. B. Improvement Assoc. DBIA
*OC'1-40'40-2'.'.15
1:'11048
11104
AnrualMemoerRnwl-Ft9711�8
5.0)?
'DTAL JUE VENL•OR --------}
5.10
DVS Assocl3tes
*_L.0-4 10-6411 12` r43
2 }'11048
1:, _Q
11/,14
04f ,
T^ff '12,;r'DesgnSvcs-Sept
4,,06__.00
�TAL "11-iE VE,'LOR--------)
4,062.00
pelta Care
Delta are
*001-2110-1004
1 1104E
110.1249
11/04
Noa-Delta Care Prems
25-.59
TJTAL DUE VENDCF--------)
i.53. 59
JeWK Lund:n & ASSOC.
Dean
*250-4510-6411 10397
2 811048 O1/58W
10/29
11/04
DB C;4
Sept-DBRehabF'ro3ect
5,:50.00
250-4510-5411 11'098
6 81104E 02/5577
10/2?
11104
DBO1')-3
3eepgeDsgnSvc-Meadwglen
1,636.50
*250-4510-6411 12198
4 31104B 01/5577
10/29
11/04
DH1G-3
Seepget,esgnSvc-Ambshrs
1,155.00
`.AL i;r VENDOR --------}
:,041.50
Diamond Bar Business Asoc JB3usAssoc
*001-4090-2140 2 c,1104B 01/6076A 10/2'1 11/04 '341'?100 No,, -Lease Stes 4100,190 11,591.25
*001-4090-2410 2 811v4B 02/6076A 80/29 11;04 941M1.0 Nov -CAM 5tes #100,190 1,179.00
TDTAL DUE 'VENDOR --------) 12,770.2C
44
.UE ............
rENDc % NAME VENDOR 12,
ACCOUNT ?h !.TX -NO BATCH PO.LINE,NO. e1TRi;DUE :NVCi--E DESICRIPTION AMOUNT GATE Ci
------------------------------------------------------------------------------------------------------------------------------------
Diamond Bar Redevelopment DBarRDA
*001-1315 1 831104E
Diamond Bar, City of L1tyDBar
+112-1011 1 811040
Diamond Photo D:amondPho
*001-4095-2112 2 81104D 01/6480
Doc -s 'Vacuum & Sewing OocsVac'aua
4001-4314-2210 3 81104B
Express Paper-3rapn:cs ExpressFap
*001-4090-1200 ? ;'1104C
10/2
11/04
14SI
Advance Expenditures -11/4
840.00
*0111-4690-1200
2 ;?.1104B 01/621010A
TOTAL DUE VENDOR --------)
440.00
10/29
11/04
Transit-ChangeFund
25.00 11/04/97 X00,031553
TOTAL DUE VENDOR --------)
226.24
TOTAL PREPAID AMOUNT ----
25.00
TOTAL DUE VENDOR --------)
0.00
10/29
11/04
196801
FhtgrphcPhtoFnshgSvcs
9.84
TOTAL 5UE VENDOR -------->
9.84
!W2a
11/04
1417
Floor Buff-RepairHrtComCtr
20.00
*00! -4090-4000
-------1
'OTAL 'DUE VENDOR --------
10/29
1,1124
-/2'+
11/04
1632-75,
Co --',r Paper
617.41
-OTAL PREPAID AMOUNT ----)
'HAL ;'UE VENDOR -------->
=.17.41
F -M :ower Products
FM
*0111-4690-1200
2 ;?.1104B 01/621010A
11/04 x,oc-5F
1-ry.r(i uBeriLubeXeroxl0vC
2'2v.24
TOTAL DUE VENDOR --------)
226.24
-ederal '-reserve Hank
Fed?eserve
*00i-2110-1009
1 811048
10/29
11/04
100.00
--`k DUE VENDOR --------)
100.00
Flores, Rooert
FlaresR
*00! -4090-4000
2 811040 01/6565
10/29
11/04
Ecuip5etUp-TwnHlMtg-10J j
3=7.50 11/041'97
-OTAL PREPAID AMOUNT ----)
x'37.50
TOTAL DUE YENE'LR--------)
0.00
Franchise Tax Board
FranchiseT
*001-2110-1009
2 31104B
10/2a
11/04
WithholdCrdr-5536076.04
1,117.05
TOTAL DUE VENDOR --------)
1,117.05
11 N 'ME: "4
.'ENDOR NAME VENDOR1D.
r'c
ACCOUNT P
,'OJ,TX-ND BATCH FO.LINEitiO. EiaT='Y%;;vE P;!tO,?.c--------------------------------------------------------------------------------
-�---" r•
----------------------------------------------------
:c-_.cIF,i]N AMC:'NT TATE C E'3};
Franchise Tax
Board FranchiseT
*001-2110-1009
311040
i0/2`? 11/'!)4
WithholdOrdr-32140b694
51r,00
TOTAL DUE VENDOR -------->
`;il, _i0
G & M :Service
G&MService
*001-4214-204
2 81104B 01/6492
10/Z-9 11/04 1';11:::3'
Mic.efchMachneRepair-Flrg
311.31
TOTAL DUE VENDOR --------}
'311.31
GTE California
GTE
*113-4098-2125
1 31104C
10/29 11104
Phone Svcs -City On line
161.15
TOTAL i;UE VENDOR --------}
161.15
GTE California
GTE
*001-4096-2125
1 3I104C10/.
�� -�, 11/�!
' t 4
F'hone Svcs -City HotLine
?5,:39
? 3'AL DUE VENDOR -------- }
:•5 _;1q
?E California
*010-4.35:'-1125
1 211040
10/2 11/04
Phone Svcs-LibrarvFroject
54,54
?OTAL SITE 'VEN?OR---------i
:'4.54
GTE Leasing
GTELease
213!?
4 31410 B 01/613c,A
10/29 11/03 191767::
Nov-Norstar Equip :Rental
TOTAL JUE VENDOR -------- }
490.13
Gonsalves & Son,
joe A. Gonsalves
*001-4010-4000
2 81104B 01/5914
10%29 11/04
LegslativeSvcs-Nov
; 0041,00
TJTAL DUE VEN"OR--------}
3,000.00
Gordner, Debra
Gw*wD
3 61104H
10/29 11/04 39456
RefndSecrtyDepst-Sumtrdge
50,00
TOTAL DILE VENDOR --------}
50.00
vurrieri, Joseph
GurrieriJ
*01!1-3473
2 81104B
10/29 11/04 3941:3
Recreation Refund
2^1.44
TOTAL DUE VENDOR --------}
11.00
Herrera, Carol
HerreraC
*0411-4010-2330
1 81104B
10/29 11/04
Reimb-LeagueConfExpenses
31,01
TOTAL DUE VENDOR --------}
'31.01
T,��..........i�'V+�9
vEADOR AAME
VENDOR lD.
ACCOUNT PKOJ.TX-N0
------------------------------------------------------------------
BATCH PO.LINEsO.
ENTRDUE
INVOICE
OESCRIPTlOM
AMOUNT
DATE CHECK
lnte~mational Services
lntService
��1-4411'��1
2 '1104C 01/1%l
10�� 1���
l45292
Crss Ord Svcs -9/1-12
7,158.38
TOTAL U VENDOR ---->
7.158.38
Istik, Jack
Istik�
*001-4553 -4100
1 81104E
10129 11/04
T&T Comm Mtg-9/25
40.00
*001-4553-4100
L 81104E
10Q29 11/04T&J
Comm Mtg'10/9
40.00
TOTAL DUE VENDOR ---->
80.00
Jn\ly Bagel
JollyDagel
*001-4090-21340
� 01/6558
4 31104C�
10/29 11/04
Mtg pp\s-10/16
5L.Y6
11/04/97 000j'34545
TOTAL PREPAID AMOUNT —''>
51.96
TOTAL DUE VENDOR --------
0.00
Jolly Bagel
*001'4090'2325
JoliyBagel
3 81104C
10/29 11/04
TownHallMtgSuppis'10/25
77.94
11/04/97 0000034551
TOTAL PREPAID AMOUNT '--'>
77,94
TOTAL DUE VENDOR '''--''->
0.00
KeLly` Deborah
*0O1-34735
81104D
10/29 11/04
232O4
Recreation Refund
35.0O
TCTAL DUE VENDOR -----'>
35.00
Kim' Sun Ymm8
2541
*001'3478
12 81104D
10/29 11/04
2,3772
Recreation Refund
74.00
TOTAL DUE VENDOR ---->
7*.00
Kwok, Daisy
'25539
*OC1-3478
10 811040
10/29 11/04
23449
Recreation Refund
35.00
TGTAL 2UE VENDOR ' --->
35.00
Kypta Associates Inc.
KyptaAmsuo
*001'4090-2340
14 81104C 01/6439
10/30 11/04
2606-1/26062
CusSvcTrngN11--sp'10/2,16
4,875.00
TOTAL DUE VENDOR '----'-->
4.875.00
L.A. County -Sheriff's
Dep LACSheriff
*o01-4411'5404
I 811040
10/2Y 11/04
90043
Aug'He|icopter Svcs
21O.13
TOTAL DU[ VENDOR ' '''''>
210.13
jN
VENDOR 'SAME JENDGR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LiNE/NO. EN Y,'Duc N ]1CC- DE :';ni ON AMOUNT DATE = E
------------------------------------------------------------------------------------------------------------------------------------
L.A. Courty-Sheriff's Dep LACSberiff
*001-4411-5401 3 81164P 10134 11/!)4 'x::`51
L.A.County Public Works '-ACPubWk
*001-4510-5530 - 2 81104D 01/6085 10/29 111/04 8779
Landscape West LandscapeW
*141-4541-2210 2 '31104D 01/62c!8A 10/:? 11%04 24050
Law Enforcement Explorer LawEnfor_a
*001-4411-2-325 1 81104D 10/29 11/04
Lawrence, Patricia 35.33
*001-:.473 R1104D i)/251 Ii/104 211"3:4
League of Ca. Cities League
*001-4040-2330 2 81104D 01/6521 10/2'? 11/04
League of Ca. Cities League
4001-4fJ10-2325 2 031104E 10/30 111/04
Lee, Amy 4534
*001-347? 6 81100 10/29 111104 23706
Lee, Pamela 2=37
*001-3472 9 SUQ4, 10/29 11/04 23495
Lee, Young Kim 2542
*001-3473 13 81104D 10/29 11/04 ';6
Sect-Lootract Services
-2a9,381.-34
TOTAL OLE VENDOR --------)
:',;x,381.34
indudstWsteSvcs-Aug
600.81
TOTAL DUE VENDOR --------)
600.81
Oct -Ad -''1 Maint Dist #41
321.11
TOTAL DUE VENDOR --------)
32;.11
ExplrScoutCeremny-10116
83.33
TOTAL DUE VENDOR --------)
83.33
Recreation Refund
160.(JI12
TOTAL DUE 'VENDOR --------)
160.00
Conf-12/3-5-Burgess
240.00
TIC; LIL DDE VENDOR --------)
340.00
yen Mtg-I1/�-Huff,/Ansa/;
46.00
TOTAL DUE VENDOR )
46.:x)
recreation Refund
55.00
3TAL DUE VENDOR --------)
«,raj
Recreation Refund
55.1'•0
TOTAL DUE VENDOR --------)
—Q. DO
Recreat;on Refund
;37.00
TuTAL DU VENLOR --------)
:7.00
.'d 4...
,ENDOR NAME ENMR D.
ACCOUNT PRO Cid, .TX -NO BATCH PO.LINE/NO. E °'DLE - - _ y
v:�i c w AMOL T _ _ ; E":
------------------------------------------------------------------------------------------------------- ---
LCo-,ard Colby, Joyce Leonard)
*0{).-4.2-4100 2 811)4E
*")01-'c 58-41+)x)
7 311:4E
Lewis Engraving Inc. LewisEngra
*0011-4095-21113
_ `llfi4e 10iIx JR7
Lim, Kirby
#OC?i-2300-1ii02 4 81104C
Los Angeles County MTA LACE^TA
11'- -..
� -- 45s�- �•�«�',�� _ 311041 ;",1162811
*112-4553-55:5 2 .11;j4D xj2;„ 281
Lucky L c"::y
*1254215-1200 1 311AC
MacKenzie Electric Inc Mack::erzie
X25:-2080 02498 1 1104D
Malntex Malntex
*0:-1-40'91-1200 2 81104D 02/6139
f01;1-42'14-1200 2 81104D 03/6139
"endoza, Marie! MendozaM
4001-2'000-1002 5 31104D
moonlight Press Maonl;ghtP
¢001-2300-1010
1 81104D
10/2 11/04
T&T Dcf[m Mttj-'9/24
dri ,i
1J; 29 11 . CA
T&T Comm Mtg-1o/9
40.00
TOTAL D''E VENCOR--------5
_0.00
1x);29 1'_;04
'yn i`•;_'
Tile-Engry Svcs-BusOfM.nth
17.:12
T%TAL DUE 'VENDOR --------)
17.34
10/29 11/04
3973:;
RfryScrtyDepst-HrtgComitr
200.00
TuTAL DUE VENDOR -------->
210.00
lv/�? 111104
9970464
TransitSuc_dy-Prgrm-Sept
4'11.50
11/29 11104
'-797044
MTATransitPassFares-Sept
790.50
TOTAL XE VENDOR --------?
11/04
Suppls-Sen.orRecogDi^nr
'13 98' 11/04/57
'OTAL PREPAID AMOUNT ----)
9"
TOTYL CUE VENDOR --------?
10,29 11/04
145-1
Petention-PetrsnF'rk:Lights
''9,945.7!-
-GT AL DUE VENCUR -------->
19,'945.70
10/2. 11/+4
2654:4
SL pls-t,ca�9vcCtr
10/24 11;04
3q4 .
_�4,2Z
Ma: -;t S-Ppls-Hrtge Prk
123.2x;
TRIAL CL_ VENDOR --------f
147.0
10/29 il/04
?9782
Refrd-Secrtycepst-RnRgn
50.;10
T"TAL DUE 'VENDOR --------?
50.00
10/24 11/()4
SuncalMailers-FFL96-049
448.24
TOTAL DUE VENDOR --------}
440.24
YCN' R,•.. ME
�,
V'ENDCR ID.
ACCOUNT PROJ.Ti-Nu
BATCH PO.LINE 11%.
----------------------------------
•-- --
"tarris, Rolard
MorrisR
11104E
it ;9 11 'IJ4
T T 'anrrt-. CS
40.00
iti-4f5,2
-
Tail -::)mm Mtg-1101?
4;:.00
TOTAL DUE VENDOR--------)
80.
Mt. Aaldy United Way
UnitedWay
*()(1-2110-1013
1 fJlli14E
1^ice, 11, G4
PF-G--C Deductions
32.50
UTAL ;SUE 'VENDOR--------
K'. `()
Musselmn, Gini
MusselTanG
¢001-3473
: ::11041'
10/2`. 111/`
°37?::,
,recreation Refund
,0()
T7TAL 10JE VENDOR--------)
:)0
;•nice, Sterlen
*001-455-3-41W
4 _1104E
10/29 11/04
T % ,S
omm Mtg-9/ ..
40.00
(?01-455'-411(:;t)
9 3ill'4E
(i/2'a „
.:- J4
T&T :omm '"tg 10/9
40.00
TOTAL CUE VENDOR-------->
Norr:s-Rapk:e Inc.
Nor- SF,*epk:
� 250-451V-64111 �7�r
_
] il+4D v1Jc"
11%l4
/!1
o1-�tNd(1i lnsp-;r:yfid
J
4�IeA
1 ..� i,;UY
11-4
_o'ns Adm/In�p-�'thtdr
i
T.,T-j DUE VEr
'57. ,
,J o,r, Flatty-
0 4 '
. 1�4D
10 i i r! 4
2n�
Recreation Refund
41.00
^r l _
A t..uE VEN' R
ett.bone & Co.
PFPettidon
v,i-451,=-1'. C
�` (' `!'
.. °i1041a Ol/64E$
10/.9 t1/t�4
1014a
_
++ ;�� an :.,_
..n�_eSuok:-Leuyr. a�.er
,;- _
�:�.�0
:
iTAL DUE VENDOR ________)
'ayr 11 Transfer
F'ayrallTr
1 81104C
10/29 11/04
./
-
r'r"21-Payrol: Transfer
55,400.j0 liiO4/'37 0,(;(C
-'LTk PREPAID AMOUNT ----)
715,400.00
TOTAL DUE VENDOR--------)
0000
it;;ey Bowes
PitneyWewe
$0 1-4090-21 L'-
6 81104D 01/6001
10/29 11/04
33i61'3'c
RentMailEgp/F1dgMach-0ct
:369.90
T'AL DUE VENDOR--------)
C; 4JUR NAME VENDOR i u. Yr - J * *
ACZOUNT PF.'OJ.TX-NO BATCH PO.LINE/N^u. ENTFCi UE T%," CE DES RIPTION AMOJrdT DATE -_NE'_'K
------------------------------------------------------------------------------------------------------------------------------------
Shilo Inn
Shilolnn
*Xjl-4if30-2.40
6 211040 01/ M0
10/29 11/04
Accom-WkshpCoord-10/16
53.90
11!04/97 06000:4546
TOTAL PREPAID AMOUNT ----)
53.90
TOTAL DUE VENDOR --------?
0.00
Siecke, Warren C.
Sieck.eil
*250-4510-6412 106'?8
4 811081E Oi/C5780
10/29 11/04
::961-12
TrfcSigr:l-G1dRsh/DB-Sept
570.00
OTAL DUE VENDOR --------)
570.00
Spectacular Affairs
Spectacuia
*001-4095-2130
6 81104E 01/6510
10/29 11/04
18982
RnchFstvl-CityBaothEgRntl
91.35
TOTAL :;UE VENDOR --------?
91.35
Sport Time
SportTime
§0011-4310-1200
4 81104E 01/4482
10`29 11/04
40401427-01
SwingSeats-Parks
120.62
TOTAL DUE VENDOR -------->
120.62
Standard insurance of
Ore Standardln
*001-2110-1005
1 81104E
10/29 11/04
Nov-Suppl Life Ins Prems
?8.40
81104E
10/249 11!24
Nov -Life Ins Prems
449.50
TOTAL DUE VENDOR -------->
547.90
5tapies
Staples
4210-1200
2 81104E 01/6518
10/29 11/04
_-Ring Binders-Dvlp.Cde
142.71
TITAL DUE VENDOR --------5
142.71
State Compensation ins
Fd StateCornp
*001-2110-1011
1 311040
10/29 11/04
Jul-SepWkrsCcmpPrem-8810
2,305.52
11/04!'37 0000034549
*001-2110-1011
2 81104C
10/'29 11/04
Jul-SepWkrsCompPrem-9410
1,4:3;.12
11/04/97 CK100034549
*001-2110-1011
3 81104C
10/29 11/04
Jul-Sepwk:rsCompPrem-9420
535.47
11/04/97 000;1034549
TOTAL PREPAID AMOUNT ----?
4,274.11
TOTAL DUE VENDOR --------3
0.00
State Campensation Ins
Fd StateComp
¢510-4810-7200
1 81104E
10/29 11/04
1138789-97
WCA/WCFA Surcharge
91.72
TOTAL DUE VENDOR -------->
91.72
Sun, Winnie
253
*001-3478
2 81104D
10/29 11/04
:35/0
Recreation Refund
50.00
TOTAL DUE VENDOR -------->
50.00
-,UN 42'
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRYiDUE INVOICE DES�RIPTIDI HPi0UP1T DATE CHE %.
------------------------------------------------------------------------------------------------------------------------------------
Sunshine Senior Group SunshineSe
*125-4215-4000 2 811sJ4C 01/6570
Tasato, Jessica 2536
*001-3418 8 811040
Teng, Emily 2543
*001-3473 14 81104D
US Postal Service USPost5ery
*001-4090-2120 1 81104E
Verna, Suresh VermaS
*001-3473 4 31104E
Virgink:ar, Arun virginkar
*001-4553-4100 5 81104E
Vision Service Plan VisionSery
*001-2110-100b 1 81104E
Walnut Valley Independent WAIndwen
*115-4515-2115 2 8110t01/6432
Yosemite Waters YosemWater
*001-4310-2130 6 81104E 01/6141
*001-4310-2130 4 81104E 01/6140
*001-4314-1200 4 81104E 02/6140
*001-4350-1'200 4 31104E 02/6141
I0/29
11/04
1-surnceSenrCiub-HrtgPrk:
6.75.00 11/04/97 01000:4548
TOTAL PREPAID AMOUNT ---->
675.00
TOTAL DISE VENDOR --------Y
0.00
10/29
11/04
23299
Fecreation Refund
55.00
TOTAL ErJE.VENDOR --------Y
55.00
10/29
11104
23584
Recreation Refund
67.00
TOTAL DUE VENDOR --------1
67.00
10/29
11/04
Repienish Postage Meter -
2,000.00
TOTAL DUE VENDOR -------->
2,0+30.00
10/29
11/04
39439
Recreation Refund
6.00
TOTAL DUE VENDOR --------Y
3.00
10/2'9
11/04
T&T Comm Mtg-9/2'5
40.00
TOTAL DUE VENDOR --------Y
40.00
10/29
11/04
Nov -Vision Prems
980.71
TOTAL DUE 'VEN_'OR-------- Y
980.71
10/29
11/04
2279
Ad Display-CilRecycl-9/19
135.00
TOTAL DUE VENDOR --------3
135.00
10/29
11/04
Sep032645
EquipRent-ComSvcCtr-Sept
25.00
10/29
11/04
3epO5y192
Equ;pRent-Sept-Oct
14.00
10/29
11/04
Sep053292
Supplies-HrtgeComCtr
73.34
10/29
11/04
SpeO32645
Supplies-CortSvcCtr
21.30
TOTAL DUE VENDOR -------->
133.64
• - _ _ i _ - -. - - �
III.
1=
DISBURSE
Of C_c riI r T CUc N�+S F'OS
FJ ���
R.
-----------------------------------------------------------------------------------------------------------------
J
, -. r EV'E- V
TRECT PAY '�,trE+1E _1c'�':, �'�N''E EXPENSE
_ ENuEZA
+�-
,C)
3eneral Find
47: ,396.74,
'
61314.45
'49
LL LLAL #:5? Fund
h :14.45
t
106,45,. ,_`+
Su
I.P. Fund
.�'.-, , - e
1��•,�v:..,•�
',. 45 70
1,212,0i?
IiC
Prop A -Transit F
1,237.00
`5 �,,u
161.15
113
Air Quality ';Tip
161.15
54,54
ON
Library Service
54.54
321.11
141
LLAD #41 Fund
5:1,11
764.'?8'
1,-5
CD8G Fund
764.%
'?1.72
510
Self insurance F
91.71
1=5.00
115
Int Waste Mgmt F
135.00TOTIAL
------------
------------ ------------
1,173.00
- --
506,515.43
ALL
FUNDS
614,379.04
101,190.61
VENDOR NAME VENDOR ID. ¢ a PREFAI
ACCOUNT r'ROJ.TX-NO BATCH PO.LINEINO. ENTRY,DUE NVfj-' E 'ESCRIPT_DN AMOUNT DATE -EEu
-------------------------------------------------------------------------------------------------------------------------------------
TOTAL PREPAJD-----------)
61 '663.39
TOTAL DUE ---------------) 5531210.65
TOTAL REPORT ------------) 614,8179.04
W I T Uh UTAMUNU I5AK
AGENDA REPORT
AGENDA N0.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 4, 1997 REPORT DATE: October 24,1997
FROM: Linda G. Magnuson, Assistant Finance Director
TITLE:
Treasurer's Report - September 30,1997
SUMMARY:
Submitted for the City Council's review and approval is the Treasurer's Statement for the month of September,
1997,
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's office)
Ordinance(s) _ Other:
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed _ Yes
_ No
by the City Attorney?
2. Does the report require a majority vote? _ Yes
_ No
3. Has environmental impact been assessed? NIA _ Yes
—No
4. Has the report been reviewed by a Commission? NIA _ Yes
—No
Which Commission?
5. Are other departments affected by the report? NIA _ Yes
_ No
Report discussed with the following affected departments:
Terrence L. Belanger
City Manager
Frank M. Usher
Deputy City Manager
DEPARTMENT HEAD:
Linda G. Magnuson
Assistant Finance Director
CITY COUNCIL REPORT
AGENDA N0,
MEETING DATE: November 4, 1997
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - September 30, 1997
ISSUE STATEMENT:
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval.
RECOMMENDATION:
Approve the September, 1997 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for the Council's review and approval is the Treasurer's Statement for the month of
September, 1997. This statement shows the cash balances for the various funds, with a breakdown
of bank account balances, investment account balances and the effective yield earned from
investments.
The City's Deferred Compensation balances which are managed by ICMA are also being reported.
The City receives ICMA statements on a quarterly basis. The balances reported are as of September
30,1997.
Linda G. Magnuson
CIN OF DIAMON15 bAR
TREASURER'S MONTHLY CASH STATEMENT
September 30. 1997
LIBRARY SERVICES FUND
4111,182,904.34 $824,124.67
108,465.36
$738,753.53
$11,268,275.48
TRAFFIC SAFETY FUND
GAS TRX FUND
5,546.25 4,626.23
211.04
108,254.32
TRANSIT TX(PROP A) FD
2,587,841.18 184,463.29
10,172.48
TRANSIT TX (PROP C) FD
1,766,748.27 120,024.40
2,042,499.32
448,266.60
2,772,304.47
1,438,506.07
ISTEA FUND
INTEGRATED WASTE MGT FD
79,183.00
35,963.70
2,121,682.32
AIR QUALITY IMPRVMNT FD
1 25,951.86
7,213.64
35,963.70
TRAILS 8c BIKEWAYS FD (SB 821)
107,087.28
3,167.94
118,738.22
PARK FEES FUND
27,682.50
103,919.34
S PARKS GRANT (PRP A) FD
558,928.66
27,682.50
FACILITIES & PARK DEVEL. FD
0.00
558,928.66
COM DEV BLOCK GRANT FD
0.00 1,297,575.25
0.00
39,544.67 49,943.71
CITIZENS OPT -PUBLIC SAFETY F,
803283
.
1,297,575.25
NARCOTICS ASSET SEIZURE F D
134,589.55 130,409.48
81,455.55
LANDSCAPE DIST #38 FD
303,923.05
264,999.03
LANDSCAPE DIST #39 FD
272,337.86
7,247.90
303,923.05
LANDSCAPE DIST #41 FD
65,369.33
237,089.37
7'472.51
265,089.96
57,896.82
GRAND AV CONST FUND
CAP IMPROVEMENT PRJ FD
139,130.78
14,062.12
223,027.25
SELF INSURANCE FUND
207,253.00
322,788.61
139,130.78
. TOTALS
721,190.16
(115,535.61)
SUMMARY
$20 670 046.49 $2 690 350.03
-----
$1 557 216.72 $0.00
721,190.16
$21803179.80
OF CASH
DEMAND DEPOSITS:
GENERAL ACCOUNT
$44,501.76
PAYROLL ACCOUNT
CHANGE FUND
1,046.66
PETTY CASH ACCOUNT
175.00
500.00
TOTAL DEMAND DEPOSITS
INVESTMENTS:
$46,223.42
US TREASURY Money Market Acct.
$1,756,956.38
TIME CERTIFICATES
COMMERCIAL PAPER
0.00
LOCAL AGENCY INVESTMENT FD
0.00
20,000,000.00
TOTAL INVESTMENTS
$21,756,956.38
TOTAL CASH
$21,803,179.80
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency
for withdrawal within 24 hours.
adopted investment
Investment Fund. All funds are available
Investment in the Local Agency Investment Fund is allowed under the
policy.
City's
formally
In May, 1997, the City's amount of investable surplus exceeded the LAIF limit of $20,000,000. As a result, the City had to
invest money in an alternative investment option. While
other investments options are being evaluated, these funds have
been invested in a US Treasury sweep account through Wells Fargo
the City's bank accounts and invested
Bank. These funds are "swept" on a daily
overnight into an investment
basis from
to the City's bank account on a
pool
monthly basis.
of US Treasury notes. Interest will be
creditied
L.A.I.F - Effective Yield for September
1997
Money Market -Effective Yield for
August 1997 5.
4.8338 /8%
o
LATT of DIAMOND EIIAK
TREASURER'S MONTHLY CASH STATEMENT
September 30,1997
INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 09/30/97)
ICMA Retirement Corporation - 457 Plan:
AGGRESSIVE OPPORTUNITY FUND
12,327.10
INTERNATIONAL FUND
14,801.67
OVERSEAS EQUITY INDEX FUND
5,135.67
GROWTH STOCK FUND
112,144.13
BROAD MARKET FUND
22,385.86
500 STOCK INDEX FUND
5,321.22
EQUITY INCOME FUND
6,550.20
ASSET ALLOCATION FUND
37,293.42
SOCIAL RESPONSIBILITY FUND
0.00
CORE BOND FUND
8,353.34
US TREASURY FUND
9,485.58
CASH MANAGEMENT FUND
2,028.18
PLUS FUND
334,486.67
GUARANTEED FUND
0.00
TRADITIONAL GROWTH
12,735.85
MS CAPITAL APPRECIATION
6,234.09
MS GROWTH & INCOME
6,178.24
TOTAL OF DEPOSITS
595,461.22
Note: These investment options are at the discretion of the employees
Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in
in the various instruments
The reporting period reflects the most current quarter reported by ICMA to the City.
TOTAL CASH AND INVESTMENTS
$22,398,641.02
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
1�
Terrence L. Belanger, Treasurer
Estimated Market Value Including Accrued Interest $ 28,685,823,320.98
Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less
than 90 days are carried at portfolio book value (carrying cost). Interest accrued
from the date of purchase on CDs and BNs under 90 days is not included.
Pooled
State of California
Money Investment Account
Market Valuation
9/30/97
Description
Carrying Cost Plus
Accrued Interest Purch.
Estimated
Market Value
Accrued Interest
United States Treasury:
Bills
$
1,183,752,659.34
$
1,216,043,069.35
NA
Strips
$
121,604,450.00
$
151,454,200.00
NA
Notes
$
5,842,802,381.39
$
5,830,964,370.00
$
68,687,880.74
Federal Agency:
Bonds
$
846,716,299.56
$
845,999,209.00
$
12,882,972.17
Floaters
$
219,990,397.05
$
219,995,850.00
$
1,313,724.75
MBS
$
149,176,189.30
$
148,342,863.79
$
880,840.05
GNMA
$
2,795,688.69
$
3,193,848.28
$
27,224.32
SBA
$
216,527,030.99
$
219,354,175.28
$
2,185,228.33
FHLMC PC
$
27,312,878.28
$
29,286,362.77
$
438,471.58
Discount Notes
$
461,273,086.76
$
463,569,600.00
NA
Bankers Acceptances
$
617,966,957.70
$
618,916,397.98
NA
Corporate:
Bonds
$
990,233,281.44
$
988,975,058.73
$
14,540,085.03
Floaters
$
490,498,261.92
$
490,929,335.00
$
1,253,947.98
CDs
$
7,164,223,697.76
$
7,164,486,139.02
$
19,303,290.82
Bank Notes
$
1,005,000,630.00
$
1,004,985,604.24
$
4,734,466.67
Repurchase Agreements $
75,000,000.00
$
75,000,000.00
NA
Time Deposits
$
796,295,000.00
$
796,295,000.00
NA
AB 55 & GF Loans
$
2,158,151,787.00
$
2,158,151,787.00
NA
Commercial Paper
$
6,523,923,985.70
$
6,529,359,340.43
NA
Reverse Repurchase
$
395,712,250.00
$
395,712,250.00
$14,772.33)
TOTAL
$
28,497,532,412.88
$
28,559,589,960.87
$
126,233,360.11
Estimated Market Value Including Accrued Interest $ 28,685,823,320.98
Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
Certificates of Deposit (CDs), Bank Notes (BNs), and Commercial Paper (CPs) less
than 90 days are carried at portfolio book value (carrying cost). Interest accrued
from the date of purchase on CDs and BNs under 90 days is not included.
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO..
TO: Honorable Mayor and Members of the City Council
MEETING DATE: October 21, 1997 REPORT DATE: October 10, 1997
FROM: Terrence L. Belanger-, City Manager
TITLE: Exoneration of Grading Bond (Faithful Performance, Labor & Material) for Tract 47851
(Diamond Bar East Partners).
SUMMARY: The Principal, Diamond Bar East Partners, requests a release of their surety bond
posted for Tract 47851 located in the "Country" in the amount of $50,000.00. The City Engineer
finds that the Principal has performed all work as shown on the rough grading plans and has
provided sufficient proof of substantial fine grading of the lots.
RECOMMENDATION: It is recommended that the City Council approve the exoneration of
Bond No 1394245, in the amount of $50,000.00 posted with the City of Diamond Bar on
September 30, 199; as a condition precedent to issuance of a grading permit for the rough
grading of the 50 lots, and that the City Clerk notify the Principal and Surety of this action.
LIST OF ATTACHMENTS:_X Staff'Report —Public Hearing Notification
Resolution(s) Bid Specification (on file in City Clerk's Office)
Ordinances(s) _ Other:
Agreement(s)
EXTERNAL DISTRIBUTION
SUBMITTAL CHECKLIST.
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following at'lected departments:
REVIE
_�NAED Bl'
Terrence L Belan"er
City Manager
N/A Yes No
Majority
N/A _ Yes _ No
N/A Yes No
N/A Yes No
ksID)"etefano av4d,iu
Deputy City (\fan• Ter Deputy Director of Public Works
CITU COUNCIL REPOWF
_
MEETING DATE: October 2l, 1997 AGENDA NO.
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L.Belanger, City Manager
SUBJECT: Exoneration of Grading Bond (Faithful Performance, Labor &
Material) for Tract 47851 (Diamond Bar East Partners).
ISSUE STATEMENT
Consider exoneration of Grading Bond (Faithful Performance, Labor & Material) for improvement
security as required in accordance with the Subdivision Map Act.
RECOMMENDATION
It is recommended that the City Council approve the exoneration of Bond No. 139424S, in the
amount of $50,000.00 posted with the City of Diamond Bar on September 30, 1993 as a
condition precedent to issuance of a grading permit for the rough grading of the 50 lots, and that
the City Clerk notify the Principal and Surety of this action.
FINANCIAL SUMMARY
This action has no fiscal impact on the City.
BACKGROUND
In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with
Diamond Bar East Partners to complete grading improvements for Tract 47851 located in the
"Country"_ The developer-uaranteed faithful performance of this agreement by posting with the City
on September 30, 1993, a grading bond for Grading Improvements. All rough grading was approved
by the City's Consultant, Mr, Micheal Meyers of Charles Abbott Associates. The current bonds were
held until such time the developer no longer had substantial grading of the lots within the development.
Diamond Bar East Partners has now requested the release of the remainder of the rough grading
bonds.
DISCUSSION
The following bond is recommended for exoneration
Account Number: Ii9424S, Grading Bond
Amount: $50,000.00
Reason: All rough grading has been complete.
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CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. (� 1
TO: Honorable Mayor and Members of the City Council
MEETING DATE: November 4, 1997 REPORT DATE: October 29, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: Resolution No. 97 -XX, entitled: "A Resolution of the City Council of the City of Diamond Bar
to install red curbs on the north side of Walnut Drive between 20465 Walnut Drive easterly to Lemon Avenue
and to install red curbs on the south side of Walnut Drive between 20540 Walnut Drive easterly to Lemon
Avenue."
SUMMARY: Walnut Drive is 48 feet wide and is striped for 4 lanes of traffic (12 feet wide each lane). The
curb lanes on Walnut Drive do not provide adequate width for parking and a through lane for vehicles. Cars
parked on the street prohibit through traffic in that lane and force motorists into the other lanes. This obstruction
can be a concern for vehicles making right turns from Lemon Avenue to Walnut Drive. Red curbing and "No
Stopping Anytime" signs exist on most of Walnut Drive, except for this portion near Lemon Avenue.
RECOMMENDATION: That the City Council adopt Resolution No. 97 -XX, entitled: "A Resolution of the
City Council of the City of Diamond Bar to install red curbs on the north side of Walnut Drive between 20465
Walnut Drive easterly to Lemon Avenue and to install red curbs on the south side of Walnut Drive between
20540 Walnut Drive easterly to Lemon Avenue."
LIST OF ATTACHMENTS: X Staff Report
x Resolution(s)
Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
x Other: 9/11/97 T&T Minutes
l 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"
4 Has the report been reviewed by a Commission"
Which Commission? Traffic and Transportation
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belanger James DeStefan
City Manager Deputy City Manager
x Yes —No
Majority
N/A Yes _ No
x Yes No
N/A Yes _ No
avid G. Liu
Deputy Director of Public Works
CITY COUNCIL KEYOR
MEETING DATE: November 4, 1997 AGENDA NO. _
TO: I Ionorable Mayor and Members of the City Council
FROM: Terrence L.Belanger, City Manager
SUBJECT: Resolution No. 97 -XX, entitled: "A Resolution of the City
Council of the City of Diamond Bar to install red curbs on the north
side of Walnut Drive between 20465 Walnut Drive easterly to Lemon
Avenue and to install red curbs on the south side of Walnut Drive
between 20540 Walnut Drive easterly to Lemon Avenue."
ISSUE STATEMENT
To restrict vehicles from parking within through drive lanes on Walnut Drive, west of Lemon
Avenue.
RECOMMENDATION
That the City Council adopt Resolution No. 97 -XX, entitled_ "A Resolution of the City Council
of the City of Diamond Bar to install red curbs on the north side of Walnut Drive between 20465
Walnut Drive easterly to Lemon Avenue and to install red curbs on the south side of Walnut
Drive between 20540 CValnut Drive easterly to Lemon Avenue"
FINANCIAL SUNINIARY
The proposed recommendation, which requires the painting of red curbs on the north and south
sides of Walnut Drive, will be funded by the N9arking and Signing Maintenance account budgeted
this 1997-1998 Fiscal Year.
BACKGROUND/DISCUSSION
During the September 11, 1997 Traffic and Transportation Commission meeting, the possibility of
installing red curbing on the north side of Walnut Drive, west of Lemon Avenue was discussed.
Currently, Walnut Drive is 48 feet wide and is striped for 4 lanes of traffic (12 feet wide each lane).
There are existing red curbs on the north side of Walnut Drive between 20465 Walnut Drive (within
the City of Industry limits) to the westerly city limits. There are a total of nine (9) existing "No
Stopping Anytime" signs on the south side of Walnut Drive between the driveway of 20540 Walnut to
the westerly city limits. These signs were originally installed on September 1991. There are no curb
parking restrictions on the north side of Walnut Drive between 20465 Walnut Drive and Lemon
Avenue and on the south side of Walnut Drive between the driveway of 20540 Walnut Drive and
Lemon Avenue.
This area is industrial and manuficturin��� and there are no residential areas affected. There should be
adequate on-site parking available to employees fbr these units. During site investigations made on
July IS, 1997, July 28, 1997, August 12, 1997, August 29, 1997 and September 4, 1997, there were
no spill -overs into the street for parking and there were available parking spaces on-site.
The #2 lane (curb lane) does not provide adequate width for parking and a through lane for vehicles.
Cars parked on the street prohibit through traffic in that lane and force motorists to swerve into the
other lanes. This obstruction can also be a concern for vehicles making right turns from Lemon
Avenue to Walnut Drive. The installation of red curbs would prohibit parking in the curb lane and
provide motorists an unobstructed drive lane.
Pr-cl)(1red by.
l:). l,i rf%l2_ Mnnc to
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO
INSTALL RED CURBS ON THE NORTH SIDE OF WALNUT DRIVE BETWEEN 20465
WALNUT DRIVE EASTERLY TO LEMON AVENUE AND TO INSTALL RED CURBS ON
THE SOUTH SIDE OF WALNUT DRIVE BETWEEN 20540 WALNUT DRIVE EASTERLY
TO LEMON AVENUE.
A. RECITALS
(i) The Traffic and Transportation Commission considered this matter at a
public meeting on September 11, 1997.
(ii) At the meeting of September 11, 1997, the Traffic and Transportation
Commission determined that the installation of red ciirbs on the north side of Walnut Drive
between 2046> \\ filnut Drip e easterly to I_,enion Avenue and the installation of red curbs on the
south side of Walnut Drive bet%veen 20540 Walnut Drive easterly to Lemon Avenue is
appropriate
(iii) The Traffic and Transportation Commission recommends the installation of
red curbs on the north side of Walnut Drive between 20465 Walnut Drive easterly to Lemon
Avenue and the installation of red cur'hs on the south side of Walnut Drive between 20540 Walnut
Drive easterly to Lemon Avenue.
B. RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Said action i> hursuani to Section 10.0S'. 010 of the Diamond Bar City Code, as
heretofore adopted,
2. The City Council hereby finds that the public health, safety, and welfare will be
best protected by the installation of red curbs on the north side of Walnut Drive between 20465
VI CIIIIu1 1 i1IV v LI,ujVu HVCIIUC ill KI IIIC 11151 aIIa11UII UI ICU CLU Us Ull LIIC sUULII sIUC Ot
Walnut Drive between 20540 Walnut Drive easterly to Lemon Avenue as herein prescribed;
3. This resolution shall not become effective until the red curbs on the north side of
Walnut Drive between 20465 Walnut Drive easterly to Lemon Avenue and the red curbs on the
south side of Walnut Drive between 20540 Walnut Drive easterly to Lemon Avenue are properly
painted by the Citll, and
4. The City COUnCII of the City of Diamond Bar hereby authorize and direct the City
Engineer to cause said red curbs to be painted as herein defined be established.
PASSED, APPROVED AND ADOPTED this day of
MAYOR
ILsyY]
foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council
of the City of Diamond Bar held on day of 1997 by the following
vote.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED_ COUNCIL MEMBERS:
A"I,TEST:
City Clerk, City of Diamond Bar
rENDOR NHME dE,tiD(7F iD.
AC--iL'LNT-91"J.TX-V0 BATCH, FD.LINE NC. E:-7 L :4, .z__,,.r
H. -Way Safety Inc HiWaySafe
+C'*", -4P5-2130 4 2;11048 01/t509
4,:y5-130 _11:46 01/5446
azghPoint Graph;:cs PighFoint
*071-4096-2111 2 411048 01/6100
*001-4050-2110 2 31:049 01/6979
rsu, Jenn,,;er 2544
*001-3478 11 81104D
ICMA ICMA2
*001-4040-0093 1 811040
10MA Retirement Tr,4st-457 ICh1A
*001-4030-0030 1 211042
x,701-au40-;;��y0 1
:C11A Ret.ren:ext-4+31 ICMA401
*001-2110-1007 1 81104C
Image IV Systems Inc. Image45ys
*001-4090- 00 4 81104C 01/6456
Industry Equipment Rent IndEquipRe
*001-4314-2210 5 81104C 01/6526
Intl Business Equipmnt InBusEquip
*001-4090-2100 2 '81104C 02/6063
*001-4090-2100 2 81104C 01/6063
10/29
11,Cj4
... 3
NlcFr; gLgns-RnchFestvi
81.19
IUr'29
II/Cj4
7?'a122
�: c~;reetvlSa«tyEqu.pRertl
:L•'.80
CTAL %E VENDOR
10/23
11/04
60446
Frefres:S-vcs-EcnDvip
35.51
10129
11,04
X0470
Prtg-CAFRCovr;Divdrs
471.43
70Tk DUE VENDOR --------)
506.94
10/2'4
11/04
23329
Recreation Refund
45.70
I•UE 'VENDOR --------)
45.00
101-29111`74
1]tr1yF'IanFee-401a-4thOtr
125.00
'MAL AL CUE VENDOR -------- )
125.:;o
10/-2
11/04
No,. -Payroll Deductions
7'2`.00
10/29
11/04
`acv-C'm -Kon trib-A11Dep ts
TOTAL DUE VENSOR--------5
10/29
11/04
PPI 6/17DefCompGontr.b
1,684.5:+
TOTAL DUE 'VENDOR --------)
1,5'=4.59
10/29
11104
2548`,37
Vonica-Mair,t Charges -Sept
16,2,ND
`CTAL Calf VENDOR --------)
16:.00
10/29
11/04
1E136424
Aer1alLlftRntl-HrtConCtr
101.20
TOTAL DUE vENDOR --------)
101.20
10/29
11104
19'464
Copy Charges—Kerox-Oct
202.88
10(29
11/04
1915'64
Monthiv9aseChg-Xerox-Uct
165.00
TOTAL JUE VENT'OR--------)
367.22'
SEPTEMBER 11, 1997 PAGE 3 T&T COMMISSION
AYES: COMMISSIONERS: Istik, Morris, Nice,
VC/Virginkar, Chair/Leonard
I� NOES: COMMISSIONERS: None
y� ABSENT: COMMISSIONERS: None
VII. STATUS OF PREVIOUS ACTION ITEMS:
DDPW/Liu reported that at its August 19, 1997 meeting,
the City Council awarded the design services for traf 'c
signals on Diamond Bar Boulevard at Montefino Aven and
on Diamond Bar Boulevard at Quail Summit Drive. t the
same meeting, the City Council approved singl roken
yellow centerline striping on Minnequa Driv . The area
residents have been notified that work i scheduled to
commence on September 26, 1997. On Se ember 2, 1997,
the City Council approved "No Parkin for commercial
vehicles over five tons on Washing n Street with the
exception of the frontage for th two existing commercial
businesses, and 150 feet of re curbing at the southwest
and northeast corners on Wash' gton Street at Lincoln
Avenue. Intersection marki work for Carpio Drive at
Armitios Place is schedule for mid October pending
completion of the qurren slurry seal project.
VIII. ITEMS FROM COMMI
C/Morris complerxnted staff .for completion of the Diamond
Bar Boulev/rdesur
facing ahead of schedule.
VC/Virginkoke about a raised yellow street barrier
on a 90 debend in the City of Cupertino.
Ig, ITEMS FRAM STAFF:
A. M/nthly Traffic Enforcement Update:
Sgt. Rawlings presented the August, 1997 traffic
enforcement update.
B/ Future Agenda Items:
DDPW/Liu reported that the Traffic and
Transportation Commission will consider an item
regarding left turns at the Century 21 E -N location
on Grand Avenue at its October 9, 1997 meeting.
L,
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i F k AAs
CITY OF 1;PIAMOMG BAR
AGENDA REPORT
AGENDA NO. U
TO: Honorable Mayor and City Council
MEETING DATE: November 4,1997 REPORT DATE: October 30,1997
FROM: Terrence L. Belanger, City Manager
TITLE:
Transmittal of Comprehensive Annual Financial Report and Final Audit Reports for year ended June 30, 1997.
SUMMARY:
The City's Finance Department in concert with the City's independent auditing firm of Conrad and Associates,
L.L.P. has prepared the Fiscal Year 1996-97 Comprehensive Annual Financial Report. Once again this fiscal
year, the City will be submitting its Comprehensive Annual Financial Report to the California Society of
Municipal Finance Officers and to the Governmental Finance Officers Association certificate of excellence
award programs. (The City has received both awards for its FY 94-95 and FY 95-96 Comprehensive Annual
Financial Reports.)
The accounting firm of Conrad and Associates, L.L.P. has been retained as auditors for the City of Diamond
Bar. In conjunction with this service, final audit reports for FY96-97 have been prepared and are also being
transmitted. Since the City received funds from the Federal Government, the audit reports include special
reports as required by the Single Audit Act.
As indicated in the financial reports, the City finished the fiscal year in an extremely positive financial position.
The General Fund fund equity increased from $9,907,004 to $11,577,411 during the year. The overall
increase in fund equity for all governmental fund types was $3,483,167.
RECOMMENDATION:
Receive and file the Comprehensive Annual Financial Report and the Final Audit Reports for FY96-97 as
prepared by the City Finance Department and Conrad and Associates, L.L.P.
LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's office)
_ Ordinance(s) X Other. FY96-97 CAFR, FY96-97 Audit Reports
_ Agreement(s)
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
_ Yes
_ No
by the City Attorney?
2. Does the report require a majority vote?
_ Yes
_ No
3. Has environmental impact been assessed?
_ Yes
_ No
4. Has the report been reviewed by a Commission?
_ Yes
_ No
Which Commission?
5. Are other departments affected by the report? _ Yes _ No
Report discussed with the following affected departments:
REVIEWED BY:
I COL r RD CERTIFIED PUBLIC ACCOUNTANTS
�SDSOCI ,l ES, L.L.P. I100 MIN STREET,RVI EACA CALIFORNIA 926E14
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS (714) 474-2020
Honorable Members of City Council
City of Diamond Bar, California
Independent Accountants' Report on Agreed -Upon Procedures
Applied to Appropriations Limit Worksheets
We have applied the procedures enumerated below to the appropriations limit worksheets
prepared by the City of Diamond Bar, California for the year ended June 30, 1998. These
procedures, which were agreed to by the City of Diamond Bar, California and the League
of California Cities (as presented in the League publication entitled Article XIIIB
Appropriations Limitation Uniform Guidelines) were performed solely to assist the City
of Diamond Bar, California in meeting the requirements of Section 1.5 of Article XIIIB
of the California Constitution.
This engagement to apply agreed-upon procedures was performed in accordance with
standards established by the American Institute of Certified Public Accountants. The
sufficiency of the procedures is solely the responsibility of the specified users of the
report. Consequently, we make no representation regarding the sufficiency of the
procedures described below either for the purpose for which this report has been
requested or for any other purpose.
The procedures performed and the results of those procedures were as follows:
We obtained the worksheets referred to above and compared the limit and
annual adjustment factors included in those worksheets to the limit and annual
adjustment factors that were adopted by resolution of the City Council. We
also compared the population and inflation options included in the
aforementioned worksheets to those that were selected by a recorded vote of
the City Council.
Results: No exceptions were noted as a result of our procedures.
2. We recalculated the mathematical computations reflected in the City
worksheets.
Results: No exceptions were noted as a result of our procedures.
3. We compared the current year information used to determine the current year
limit and found that it agreed to worksheets prepared by the City and to
information provided by the State Department of Finance.
Results: No exceptions were noted as a result of our procedures.
4 We compared the amount of the prior year appropriations limit presented in
the worksheets to the amount adopted by the City Council for the prior year.
Results: No exceptions were noted as a result of our procedures.
MEMBERS OF AICPA AND CALIFORNIA SOCIETY OP CERTIFIED PUBLIC ACCOUNTANTS
MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION
Honorable Members of City Council
City of Diamond Bar, California
Page Two
be
We were not engaged to, and did not, perform an audit, the objective of which woWe do
the expression of an opmion on the weperformedaddsheets itionato l procedures, other matters
not express such an opinion. H p reported procedures
might have come to our attention that the determination of the appropriation limit for the
have been performed with repAppropriations
base year, as defined by the League publication entitled Article XIIB App p
Limitation Uniform Guidelines.
This report is intended solely for the use have not agreed f too the po nd B d California i taken
should not be used by those who ha g cedures for theirurp purposes. However, this
responsibility for the sufficiency of the pro
report is a matter of public record and its distribution is not limited.
1! ,OMU J � 45&e." L
August 29, 1997
CO X11 AD CERTIFIED PUBLIC ACCOUNTANTS
^SSOCI LS, L.L.P. I100 MIN STREET, SUITE C
Rv EA
�11 CALIFORNIA 92614
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS (714) 474-2020
Honorable Members of City Council
City of Diamond Bar, California
Independent Accountants' Report on A reed -Upon Procedures
Applied to Appropriations Limit Worksheets
We have applied the procedures enumerated below to the appropriations limit worksheets
prepared by the City of Diamond Bar, California for the year ended June 30, 1998. These
procedures, which were agreed to by the City of Diamond Bar, California and the League
of California Cities (as presented in the League publication entitled Article XXB
Appropriations Limitation Uniform Guidelines) were performed solely to assist the City
of Diamond Bar, California in meeting the requirements of Section 1.5 of Article XIIIB
of the California Constitution.
This engagement to apply agreed-upon procedures was performed in accordance with
standards established by the American Institute of Certified Public Accountants. The
sufficiency of the procedures is solely the responsibility of the specified users of the
report. Consequently, we make no representation regarding the sufficiency of the
procedures described below either for the purpose for which this report has been
requested or for any other purpose.
The procedures performed and the results of those procedures were as follows:
We obtained the worksheets referred to above and compared the limit and
annual adjustment factors included in those worksheets to the limit and annual
adjustment factors that were adopted by resolution of the City Council. We
also compared the population and inflation options included in the
aforementioned worksheets to those that were selected by a recorded vote of
the City Council.
Results: No exceptions were noted as a result of our procedures.
2. We recalculated the mathematical computations reflected in the City
worksheets.
Results: No exceptions were noted as a result of our procedures.
3. We compared the current year information used to determine the current year
limit and found that it agreed to worksheets prepared by the City and to
information provided by the State Department of Finance.
Results: No exceptions were noted as a result of our procedures.
4 We compared the amount of the prior year appropriations limit presented in
the worksheets to the amount adopted by the City Council for the prior year.
Results: No exceptions were noted as a result of our procedures.
MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION
Honorable Members of City Council
City of Diamond Bar, California
Page Two
We were not engaged to, and did not, perform an audit, the objective of which would be
the expression of an opinion on the worksheets referred to above. Accordingly, we do
not express such an opinion. Had we performed additional procedures, other matters
might have come to our attention that would have been reported to you. No procedures
have been performed with respect to the determination of the appropriation limit for the
base year, as defined by the League publication entitled Article XIIB Appropriations
Limitation Uniform Guidelines.
This report is intended solely for the use of the City of Diamond Bar, California and
should not be used by those who have not agreed to the procedures and taken
report is responsibility ma mar the tter of f record and its distribut on is noencof the rocedures for t limieir turp
oses. However, this
ed.
6P"4 W � 4,.,. -6, s Z. Z.f'
August 29, 1997
CITY OF DIAMOND BAR
Diamond Bar, California
Single Audit Report on
Federal Awards
Year ended June 30, 1997
CITY OF DIAMOND BAR
Single Audit Report on
Federal Awards
Year ended June 30, 1997
TABLE OF CONTENTS
Page
Report on Compliance and on Internal Control over Financial
Reporting Based on an Audit of Financial Statements Performed
in Accordance with Government Auditing Standards
Report on Compliance with Requirements Applicable to each
Major Program, Internal Control over Compliance and on the
Schedule of Expenditures of Federal Awards in Accordance
with OMB Circular A-133
2
Schedule of Federal Awards
4
Notes to the Schedule of Federal Awards
Schedule of Findings and Questioned Costs
Summary Schedule of Prior Audit Findings
7
I V.., N-11 N I V 1LJ CERTIFIED PUBLIC ACCOUNTANTS
�VAXISSOUA ES, L.L.P. IRUV MIN STREET, SUITE C
EACALIFORNIA 9 614
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS (714) 474-2020
Honorable Mayor and City Council
City of Diamond Bar, California
REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL
We have audited the financial statements of the City of Diamond Bar, California as of and for the
year ended June 30, 1997, and have issued our report thereon dated August 29, 1997. We
conducted our audit in accordance with generally accepted auditing standards and the standards
applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States.
Compliance
As part of obtaining reasonable assurance about whether the City of Diamond Bar's financial
statements are free of material misstatement, we performed tests of its compliance with certain
provisions of laws, regulations, contracts and grants, noncompliance with which could have a
direct and material effect on the determination of financial statement amounts. However,
providing an opinion on compliance with those provisions was not an objective of our audit and,
accordingly, we do not express such an opinion. The results of our tests disclosed no instances
of noncompliance that are required to be reported under Government Auditing Standards.
Internal Control Over Financial Control Over Financial Reporting
In planning and performing our audit, we considered the City of Diamond Bar's internal control
over financial reporting in order to determine our auditing procedures for the purpose of
expressing our opinion on the financial statements and not to provide assurance on the internal
control over financial reporting. Our consideration of the internal control over financial
reporting would not necessarily disclose all matters in the internal control over financial
reporting that might be material weaknesses. A material weakness is a condition in which the
design or operation of one or more of the internal control components does not reduce to a
relatively low level the risk that misstatements in amounts that would be material in relation to
the financial statements being audited may occur and not be detected within a timely period by
employees in the normal course of performing their assigned functions. We noted no matters
involving the internal control over financial reporting and its operation that we consider to be
material weaknesses. However, we noted other matters involving the internal control over
financial reporting that we have reported to the management of the City of Diamond Bar in a
separate letter dated August 29, 1997.
This report is intended for the information of the management and federal awarding agencies and
pass-through entities. However, this report is a matter of public record and its distribution is not
limited.
August 29, 1997
1
MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION
I L.tJl N I V 1LJ CERTIFIED PUBLIC ACCOUNTANTS
IN STREET, SUITE C L '�11SOCI ES, L.L.P. WIINEACA IFORNIA92614
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS (714) 474-2020
Honorable Mayor and City Council
City of Diamond Bar, California
WITH OMB CIRCULAR A-133
Compliance
We have audited the compliance of the City of Diamond Bar with the types of compliance
requirements described in the U. S. Office of Management and Budget (OMB) Circular A-133
Compliance Supplement that are applicable to each of its major federal programs for the year
ended June 30, 1997. The City of Diamond Bar's major federal programs are identified in the
summary of auditor's results section of the accompanying schedule of findings and questioned
costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to
each of its major federal programs is the responsibility of the City of Diamond Bar's
management. Our responsibility is to express an opinion on the City of Diamond Bar's
compliance based on our audit.
We conducted our audit of compliance in accordance with generally accepted auditing standards;
the standards applicable to financial audits contained in Government Auditing Standards, issued
by the Comptroller General of the United States; and OMB Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations. Those standards and OMB Circular A-133
require that we plan and perform the audit to obtain reasonable assurance about whether
noncompliance with the types of compliance requirements referred to above that could have a
direct and material effect on a major federal program occurred. An audit includes examining, on
a test basis, evidence about the City of Diamond Bar's compliance with those requirements and
performing such other procedures as we considered necessary in the circumstances. We believe
that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal
determination on the City of Diamond Bar's compliance with those requirements.
In our opinion, the City of Diamond Bar complied, in all material respects, with the requirements
referred to above that are applicable to each of its major federal programs for the year ended June
30, 1997.
2
MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION
Honorable Major and City Council
City of Diamond Bar
Page Two
Internal Control Over Compliance
The management of the City of Diamond Bar is responsible for establishing and maintaining
effective internal control over compliance with requirements of laws, regulations, contracts and
grants applicable to federal programs. In planning and performing our audit, we considered the
City of Diamond Bar's internal control over compliance with requirements that could have a
direct and material effect on a major federal program in order to determine our auditing
procedures for the purpose of expressing our opinion on compliance and to test and report on
internal control over compliance in accordance with OMB Circular A-133.
Our consideration of the internal control over compliance would not necessarily disclose all
matters in the internal control that might be material weaknesses. A material weakness is a
condition in which the design or operation of one or more of the internal control components
does not reduce to a relatively low level the risk that noncompliance with applicable
requirements of laws, regulations, contracts and grants that would be material in relation to a
major federal program being audited may occur and not be detected within a timely period by
employees in the normal course of performing their assigned functions. We noted no matters
involving the internal control over compliance and its operation that we consider to be material
weaknesses.
Schedule of Expenditures of Federal Awards
We have audited the general purpose financial statements of the City of Diamond Bar,
California, as of and for the year ended June 30, 1997, and have issued our report thereon dated
August 29, 1997. Our audit was performed for the purpose of forming an opinion on the general
purpose financial statements taken as a whole. The accompanying schedule of expenditures of
federal awards is presented for purposes of additional analysis as required by OMB Circular A-
133 and is not a required part of the general purpose financial statements. Such information has
been subjected to the auditing procedures applied in the audit of the general purpose financial
statements and, in our opinion, is fairly stated, in all material respects, in relation to the general
purpose financial statements taken as a whole.
This report is intended for the information of management and federal awarding agencies and
pass-through entities. However, this report is a matter of public record and its distribution is not
limited.
August 29, 1997
/,,am 4al �( 14&5 / Z z , /,0.
3
CITY OF DIAMOND BAR
Schedule of Federal Awards
Year ended June 30, 1997
Federal
Federal Grantor/ Domestic Grant Amount
Pass-through Grantor/ Assistance Identification Awards Awards Award Provided to
Program Title Number Number Received (1) Receivable Expenditures Subrecipients
U.S. Department of Housing
and Urban Development:
Passed through County of
Los Angeles, Environmental
Development Department:
Community Development
Block Grant Program -
Entitlement Grant 14.218
U.S. Department of Transportation:
Intermodal Surface Transportation
Efficiency Act 20.205
U.S. Department of Justice:
Passed through County
of Los Angeles:
Local Law Enforcement
Block Grant 16.592
Total Federal Awards
67491 $43,027 102,335 145,362* 43,722
- - 183,878 183,878* -
61,900 20,654**
$104,927 286,213 349.894 43,722
(1) Based on actual cash receipts from July 1, 1996 through June 30, 1997
* Type A Federal Awards
** Type B Federal Awards
The accompanying notes are an integral part of this schedule.
4
CITY OF DIAMOND BAR
Notes to the Schedule of Federal Awards
Year ended June 30, 1997
�1) Summary of Significant Accounting Policies Applicable to the Schedule of Federal
Awards
(a) Scope of Presentation
The accompanying schedule presents only the expenditures incurred (and related
revenues) by the City of Diamond Bar that are reimbursable under federal programs
of federal financial assistance. For the purposes of this schedule, federal awards
includes both federal financial assistance received directly from a federal agency, as
well as federal funds received indirectly by the City from a non-federal agency or
other organization. Only the portion of program expenditures reimbursable with
such federal funds are reported in the accompanying schedule. Program
expenditures in excess of the maximum federal reimbursement authorized or the
portion of the program expenditures that were funded with state, local or other non-
federal funds are excluded from the accompanying schedule.
(b) Basis of Accounting
The expenditures included in the accompanying schedule were reported on the
modified accrual basis of accounting. Under the modified accrual basis of
accounting, expenditures are incurred when the City becomes obligated for payment
as a result of the receipt of the related goods and services. Expenditures reported
include any property or equipment acquisitions incurred under the federal program.
(c) Subrecipients
During the fiscal year ended June 30, 1997, the City disbursed $43,722 of its
Community Development Block Grant funds to four subrecipients as approved by
the County of Los Angeles.
CITY OF DIAMOND BAR
Schedule of Findings and Questioned Costs
Year ended June 30, 1997
fA) Summ M Of Auditors' Results
L An unqualified report was issued by the auditors' on the financial statements of the
auditee.
2. There were no material weaknesses in internal
conditions. control nor were there any reportable
3. The audit disclosed no noncompli
the auditee. ance which is material to the financial statements of
4. There were no material weaknesses or other reportable conditions in internal control
over major programs of the auditee.
5. An unqualified report was issued by the auditors' on compliance for major programs.
6. The audit disclosed no audit findings required by the auditors' to be reported under
paragraph .510(a) of OMB Circular A-133.
7. The major programs of the auditee were CFDA # 14.218 U.S. Department of Housing
and Urban Development (pass through assistance from the County of Los Angeles)
and CFDA 420.205 U.S. Department of Transportation, Intermodal Surface
Transportation Efficiency Act grant.
8. The dollar threshold used to distinguish Type A and Type B programs was $300,000.
9. The auditee was not considered a low risk auditee for the year ended June 30, 1997.
There are no auditors' findings required to be reported in accordance with GAGAS.
T' i
There are no auditors' findings required to be reported in accordance with paragraph
.510(a) at OMB Circular A-133.
0
CITY OF DIAMOND BAR
Summary Schedule of Prior Audit Findings
Year ended June 30, 1997
There were no audit findings from the previous audit reports requiring follow-up during the year
ended June 30, 1997.
7
CITY OF DIAMOND BAR
Federal Asset Forfeiture Audit Report
Year Ended June 30, 1997
TABLE OF CONTENTS
Page
Independent Auditors' Report 1
Financial Statement:
• Schedule of Federal Asset Forfeiture Funds Received and Expended 2
• Notes to Schedule 3
Report on Compliance and Internal Control Over Financial
Reporting Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards 4
Status of Prior Audit Findings 5
CERTIFIED PUBLIC ACCOUNTANTS
�'A.SSOCIATES, L.L.P
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
Honorable Mayor and City Council
'Diamond Bar, California
INDEPENDENT AUDITORS' REPORT
1100 MAIN STREET, SUITE C
IRVINE, CALIFORNIA 92614
(714) 474-2020
We have audited the schedule of federal asset forfeiture funds received and expended by the City
of Diamond Bar, California for the year ended June 30, 1997. This financial statement is the
responsibility of the City of Diamond Bar's management. Our responsibility is to express an
opinion on this financial statement based on our audit.
We conducted our audit in accordance with generally accepted auditing standards and
Government Auditing Standards, issued by the Comptroller General of the United States. Those
standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statement is free of material misstatement. An audit includes examining,
on a test basis, evidence supporting the amounts and disclosures in the financial statement. An
audit also includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation. We believe that
our audit provides a reasonable basis for our opinion.
In our opinion, the aforementioned schedule presents fairly, in all material respects, the federal
asset forfeiture funds received and expended by the City of Diamond Bar, California for the year
ended June 30, 1997 in conformity with generally accepted accounting principles.
In accordance with Government Auditing Standards, we have also issued our report dated August
29, 1997 on our consideration of the Diamond Bar's internal control over financial reporting and
our tests of its compliance with certain provisions of laws, regulations, contracts and grants.
14M*C1 � Asp-ce*4# & / Z,- Z- -)4-
August 29, 1997
1
MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION
CITY OF DIAMOND BAR
Schedule of Federal Asset Forfeiture Funds Received and Expended
Year Ended June 30, 1997
Department
See accompanying notes to financial statement.
2
of
Justice
Revenues:
Fines and forfeits
$299,823
Interest
4,100
Total revenues
303,923
Expenditures:
Communications and computers
3,352
Total expenditures
3,352
Excess (deficiency) of revenues
over (under) expenditures
300,571
Fund balance at beginning of year
-
Fund balance at end of year
$300,571
See accompanying notes to financial statement.
2
CITY OF DIAMOND BAR
Notes to Schedule
Year Ended June 30, 1997
(1) Sumniga of Significant Accounting Policies
The following is a summary of the significant accounting policies pertaining to the
federal asset forfeiture funds received and expended by the City of Diamond Bar.
(a) Basis of Accounting
The basis of accounting utilized for the federal asset forfeiture funds is the
modified accrual basis of accounting where revenues are recognized when they
are measurable and available, and expenditures are recorded when the related
liability is incurred.
(b) Scope of Reporting
The accompanying schedule includes only the asset forfeiture funds received by
the City of Diamond Bar from the U.S. Department of Justice and reported on the
Federal Annual Certification Report filed by the City of Diamond Bar. Excluded
from the schedule are asset forfeiture activities for which there was no federal
participation.
(c) Interest Revenue
The federal asset forfeiture funds were pooled with various other City funds for
deposit and investment purposes. The share of each fund in the pooled cash
account was separately maintained and interest income was apportioned to the
participating funds based on the relationship of their average monthly balances to
the total of the pooled cash and investments.
(2) Program Information
The U.S. Attorney's office and the Department of Treasury have issued guidelines
involving the sharing of federally forfeited property with state and local law enforcement
agencies.
The primary purpose of the Forfeiture Programs is to deter crime by depriving criminals
of the profits and proceeds of their illegal activities and to weaken criminal enterprises by
removing the instruments of crime. Any state or local law enforcement agency that
directly participates in an investigation or prosecution that results in a federal forfeiture
may request an equitable share of the net proceeds of the forfeiture.
AA PARTNER5HIP INCLO P� 55���L.L.P.
Honorable Mayor and City Council
Diamond Bar, California
CERTIFIED PUBLIC ACCOUNTANTS
1100 MAIN STREET, SUITE C
IRVINE, CALIFORNIA 92614
(714) 474-2020
We have audited the schedule of federal asset forfeiture funds received and expended by the City of
Diamond Bar, California for the year ended June 30, 1997, and have issued our report thereon, dated
August 29, 1997. We conducted our audit in accordance with generally accepted auditing standards
and the standards applicable to financial audits contained in Government Auditing Standards, issued
by the Comptroller General of the United States.
Compliance
As part of obtaining reasonable assurance about whether the City of Diamond Bar's schedule of
federal asset forfeiture funds received and expended is free of material misstatement, we performed
tests of its compliance with certain provisions of laws, regulations, contracts and grants,
noncompliance with which could have a direct and material effect on the determination of financial
statement amounts. However, providing an opinion on compliance with those provisions was not an
objective of our audit and, accordingly, we do not express such an opinion. The results of our tests
disclosed no instances of noncompliance that are required to be reported under Government
Auditing Standards.
Internal Control Over Financial e ortin
In planning and performing our audit, we considered the City of Diamond Bar's internal control
over federal asset forfeiture financial reporting in order to determine our auditing procedures for the
purpose of expressing our opinion on the financial statements and not to provide assurance on the
internal control over financial reporting. Our consideration of the internal control over financial
reporting would not necessarily disclose all matters in the internal control over financial reporting
that might be material weaknesses. A material weakness is a condition in which the design or
operation of one or more of the internal control components does not reduce to a relatively low level
the risk that misstatements in amounts that would be material in relation to the financial statements
being audited may occur and not be detected with a timely period by employees in the normal
course of performing their assigned functions. We noted no matters involving the internal control
over financial reporting and its operation that we consider to be material weaknesses.
This report is intended for the information of the management and federal awarding agencies and
pass-through entities. However, this report is a matter of public record and its distribution is not
limited.
C�ft4*41 f�JSdr�st
�`"Tj" � L . L
August 29, 1997
4
MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION
CITY OF DIAMOND BAR
Status of Prior Audit Findings
Year Ended June 30,1997
A program specific audit for the City of Diamond Bar federal asset forfeiture funds for the year
ended June 30, 1996 was not required.
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
SUPPORTING THE LAC+USC MEDICAL CENTER REPLACEMENT FACILITY
WHEREAS, the LAC+USC Medical Center has been providing quality health care services to
Los Angeles County residents since its founding in 1878; and
WHEREAS, Los Angeles County has a long-standing tradition of providing quality health care
services to all County residents, including the medically indigent; Los Angeles County has a
statutory obligation to provide quality health care for its medically indigent residents under
California Welfare Institutions Code, Section 17000; and
WHEREAS, more than 3.5 million people live within a 10 -mile radius of LAC+USC, including 60
percent of the medically indigent population of Los Angeles County; and
WHEREAS, LAC+USC is a critical component of the County's comprehensive health system,
providing 23 percent of all trauma care in the County and caring for 50 percent of all HIV/AIDS
cases and nearly 50 percent of all bum cases, in addition to many other critical services not offered
by other hospitals in the area; and
WHEREAS, LAC+USC Medical Center sustained damage during the 1994 Northridge
Earthquake; as a result, the Med Center must comply with new state seismic standards, for this
reason, along with the fact that the facility's physical plant is deteriorating and that it does not
meet minimum life safety requirements, Los Angeles County is now forced to replace the
outdated and inefficient Medical Center; and
WHEREAS, several studies have been conducted at the request of the Los Angles County Board
of Supervisors to assess the health care needs of the County and to recommend the appropriate
size and scope of the Medical Centers replacement, the recommendation issued by these studies
indicate a need for a replacement facility in the range of 750 beds; and
WHEREAS; leading health care professionals organizations, including the Healthcare Association
of Southern California and the Los Angeles County Medical Association, have expressed their
support for a replacement facility in the range of 750 beds; the County's own Department of
Health Services also supports a 750 -bed replacement facility; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has indicated that the County
is at risk of losing close to half a billion dollars in federal funds, specifically allocate d for the .
replacement of the Medical Center, if it does not decide on a replacement plan by January 1998.
THEREFORE, recognizing the urgency faced by the County, be it resolved that the City Council
is in full support of a 750 -bed LAC+USC Medical Center replacement facility and, furthermore,
the City Council urges the Los Angeles County Board of Supervisors to vote for said facility as its
Board Meeting of November 12, 1997.
PASSED, ADOPTED, AND APPROVED this day of
Mayor
1997.
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of
vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
1997, by the following
AC+USC
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Sustaining the Health Care Safety Net for
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JIM WILSON / DHS MIC / JAN 31,1996
Sustaining the Health Care Safety Net for
LOS ANGELES COUNTY
Today and Into Tomorrow
Prepared by Los Angeles County Supervisor Gloria Molina
INTRODUCTION:
SUSTAINING THE HEALTHCARE SAFETY NET
FOR ALL OF LOS ANGELES COUNTY ......................................... PAGE 1
LAC+USC MEDICAL CENTER:
PROVIDING CRITICAL, UNIQUE SERVICES TO ALL OF LOS ANGELES COUNTY
EMERGENCY ROOM SERVICES .......................................... PAGE 2
TRAUMA CARE ...................................................... PAGE 3
OTHER UNIQUE SERVICES ............................................. PAGE 4
THE UNINSURED WORKING POOR:
LOS ANGELES COUNTY'S DUTY
INDIGENTCARE ...................................................... PAGE 5
STATE MANDATE ..................................................... PAGE 6
STRUCTURAL SAFETY ....................................................... PAGE 7
EARTHQUAKE SAFETY:
SECURING THE CENTER OF LOS ANGELES COUNTYHEALTH CARE .................. PAGE 8
MEDICAID DEMONSTRATION PROJECT (1115 FEDERAL WAIVER):
MOVING TOWARD THE FUTURE OF HEALTH CARE .............................. PAGE 9
WE CAN'T AFFORD NOT TO DO 750 .......................................... PAGE 10
SUPPLEMENTAL CONTRACTING AND TRANSFERRING PATIENTS:
WHY CONTRACTING IS A LIMITED OPTION .................................... PAGE 11
CONCLUSION:
THE EXPERTS AGREE - LOS ANGELES COUNTY
NEEDS A 750 -BED MEDICAL CENTER ........................................ PAGE 13
REPORTS CITED .................................................... .......PAGE 14
Under the California Welfare and Institutions Code, Section 17000, Los Angeles County has a mandate
to provide health care services for the medically indigent. We have a long-standing tradition of meeting
this challenge. We continue to accept the same responsibilities today.
One of the critical components of our comprehensive health care system is the LAC+USC Medical
Center. LAC+USC is one of the nation's largest acute care hospitals, with 1,779 licensed beds; 1,405
available beds; and 860 budgeted beds. It is one of the busiest trauma centers in the U. S. and provides
23 percent of Los Angeles County's trauma care. The Medical Center cares for half of the County's
HN/AIDS patients, provides 50 percent of sickle cell care, and is the largest medical teaching facility
in the country. In 1995-96, LAC+USC admitted more than 56,000 inpatients and provided over
800,000 outpatient and emergency visit to residents throughout the County.
LAC+USC is particularly essential for those who live in its primary service area. Sixty percent of the
County's indigent population lives within a ten -mile radius of LAC+USC. The population of this
region is projected to grow, particularly at or below the poverty level. And since the communities
closest to the Medical Center rely heavily on public transportation, LAC+USC plays an indispensable
role in ongoing efforts to make quality health care accessible to all County residents.
Due to new seismic standards, a deteriorating physical plant, and life safety requirements, the
LAC+USC Medical Center must be replaced. Several studies have been conducted by independent
consultants to assess the health care needs of the County and recommend an appropriate size and scope
for the Medical Center's replacement. Past proposals considered by the Board Of Supervisors include
a plan for the construction of two new hospitals and another plan for a 946 -bed replacement facility.
The current discussion focuses on a much smaller alternative — a 750 -bed medical center.
Leading independent consultants, the Healthcare Association of Southern California, and the Los
Angeles County Medical Association reached the same conclusion: a 750 -bed hospital is the minimum
size necessary to meet the future health care needs of Los Angeles County. This is a significant
reduction — 50 percent — from the current medical center's 1,405 available beds.
The Board Of Supervisors has a responsibility to approve a Medical Center replacement project that
will sustain the countywide emergency and trauma networks and provide: sufficient emergency and
trauma care to its local service area; enough inpatient capacity to care for patients treated in the
emergency room; and the unique, critical specialty services that are not sufficiently available in the
private sector. Any decision must also consider the number and type of available beds in other area
facilities, and any risks and obstacles involved in transferring patients to other hospitals or contracting
with other hospitals.
A new 750 -bed medical center is a cost-effective solution to meeting the health care needs of all Los
Angeles County while sustaining the County's health care safety net.
Page -]-
October 16, 1997
EMERGENCY ROOM SERVICES
LAC+USC provides critical medical services to hundreds of
thousands of County residents. Almost 250,000 people are treated in a� i! -
LAC+USC's emergency room (ER) each year. The ER treats -
accident, cardiac, and bum victims, as well as victims of other injuries
and illnesses. Emergency care is a pillar of LAC+USC's fundamental
mission, and all Los Angeles County residents benefit from its 001
services. Many private hospitals do not have emergency rooms and turn patients away, directing them
to LAC+USC. Because it is central to the County's emergency system, thousands of patients are
transferred to LAC+USC from other hospitals each year. This capacity would be difficult to replace.
The County provides certain services that cannot be immediatelyreplh
aced by private sector
Providers... In interviews, private providers reported that the threat of closure alone ad
increased the burden on their emergency rooms, and, more important, that they would consider
fliguring hospital inpatient capacity to limit ER capacity
closing their emergency rooms orrecon
if they were burdened with too many additional ER patients as a result of County closures (Rose
Report, page 52).
ER activity is strongly tied to inpatient care; many emergency patients require continued treatment as
inpatients. Almost 40,000 of the 250,000 patients treated in LAC+USC's ER each year require
inpatient care and are subsequently admitted to the Medical Center. These patients account for
approximately 70 percent of the nearly 56,000 total inpatient admissions each year at LAC+USC.
Therefore, most of LAC+USC's beds must be set aside just to provide adequate medical aftercare for
patients admitted through the ER. The need for emergency services is expected to grow.
The County is QMiesId to face a slgniflrcant shortage of emergesnay roomservices cavactty by
the year 2005 especially without completion of planned projects ....Completion of planned
projects would alleviate almost half of the projected shortage in emergency room services
capacity.... The County had a shortage of emergency room capacity in 1995 in most regions
for most visit types (L4 Model, pp. 9-11).
The LA Model projects that Region 7 (central Los Angeles) will experience a shortage of 353,560 ER
visits in the year 2005, even with the completion of all planned replacement, renovation, or remodeling
projects (this assumes a 946 -bed LAC+USC scenario).
Page -2-
October M, 1997
OTHER UNIQUE SERVICES
Burn Center: LAC+USC operates the largest of only three burn centers in Los Angeles County,
providing 45 percent of the County's bum care. The other centers are in Sherman Oaks and Torrance.
LAC+USC has an exclusive contract to treat all of Kaiser Permanente's burn patients.
HIV/AIDS Care: Health care professionals at LAC+USC care for half of all HIV/AIDS patients in
Los Angeles County, more than any other provider. Both inpatient and outpatient care is provided by
a specialized AIDS ward and the 5P21 -Rand Schrader Clinic, respectively. LAC+USC provides
innovative and comprehensive health care to AIDS patients. For example, in 1995 LAC+USC opened
a state-of-the-art Maternal and Child AIDS Clinic to provide individualized care and support to children
and their families.
High -Risk Pregnancies/Neonatal Intensive Care: Thousands of babies in high-risk pregnancies are
delivered at LAC+USC's Women and Children's Hospital each year, more than at any other hospital
in Los Angeles County. LAC+USC has a Level Three Neonatal Intensive Care Unit, where aftercare
is provided to infants confronted with serious medical conditions.
Medical Education: LAC+USC operates the largest medical teaching facility in the country.
Approximately one-third of all private practice physicians in Southern California trained at LAC+USC.
The fact that LAC+USC is a teaching hospital contributes to the quality of care provided to patients.
Research results recently published in The Journal of the American Medical Association concluded that
the risk of death is 19 percent lower and the length of stay is almost 10 percent lower in teaching
hospitals than in non -teaching hospitals.
Nursing School: LAC+USC operates an accredited School of Nursing which trains hundreds of skilled
nurses each year. The School offers a cooperative four-year academic program with neighboring Cal
State Los Angeles. Nursing graduates provide vital nursing services to residents throughout Los
Angeles County.
Medical Research: LAC+USC places a. strong emphasis on research programs. Involvement in
medical research ensures that the medical staff is familiar with the latest medical innovations and can
provide the most current medical treatments.
Specialization: LAC+USC provides specialized medical staff, specialized equipment, and unique
medical procedures in the fields of neurology, hematology, oncology, dermatology and diabetes. Many
of these services are rare in the private sector.
Sickle Cell Care: LAC+USC provides fifty percent of the sickle cell care in Los Angeles County.
Jail Ward: LAC+USC operates the only inpatient jail ward in Los Angeles County. This secured
facility could not be easily duplicated in the private sector.
Page -4-
October 16, 1997
INDIGENT CARE
Many providers are taking measures to secure their future financial viability in reaction to current trends
in the health care industry. According to the UWP report, there is an increased unwillingness to provide
health care services to indigent patients.
"Instead, the burden of this population is likely to become even more concentrated on the few
private hospitals still willing to accept them and the public providers obligated to accept them"
(DWP, page 69).
Los Angeles County is home to more medically
uninsured residents than any state except Texas
(and, of course, California). Almost one-third of
the County's non -elderly population is uninsured.
This is almost twice the national rate of 17.4
percent. Most of the uninsured in Los Angeles
County 84 percent — are workers and their
dependents; many are working poor. These are
people who, although they are employed, do not
earn enough to afford health insurance for
themselves or their families. While some of them
may have health insurance, many remain
underinsured because their plans have limited
coverage or require prohibitive co -payments and
deductibles.
FU�ninsuredpulation
(proportion)
35% — 30.9%
30%
25% 22.7%
20%
15%
10%
5%
0%
National California L. A. County
Source DWP
The ranks of these medically indigent are expected to swell as Medi -Cal eligibility becomes more
limited and benefits for non -citizen immigrant are restricted. According to Steve P. Wallace, Ph. D..
Associate Director of the UCLA Center for Health Policy Research, "Los Angeles County could find
itself with an additional 25,000 uninsured residents per year—with a total of 200,000 more uninsureds
by the year 2005.... " Other experts have also recognized this growing need.
.... it appears that 750 to 780 beds would be warranted in the year 2000. This bed complement
would enable LAC+USC to maintain its current county indigent inpatient volume, and its role as
the hub of the trauma system in Los Angeles County (Tranquada/Zaretsky, page 39).
LAC+USC is providing critically needed services that cannot be reduced without significantly
impacting the surrounding community. Of the thirteen Medically Underserved Areas in Los Angeles
County designated by the U.S. Public Health Service (USPHS), nine are in LAC+USC's primary
service area. The USPHS has also designated fourteen Health Professional Shortage Areas in the
County; six are in LAC+USC's primary service area.
Page -5-
October 16, 1997
STATE MANDATE
Due to California's statutory requirements, the County is the health care provider of last resort for
anyone who cannot afford to cover the costs of necessary health services. Los Angeles County has a
longstanding tradition of providing health care for all of its residents. In 1860, the State Legislature
authorized counties to extend the services of their hospitals to "every person who is blind, lame, old,
sick, or decrepit, or in any other way disabled so as to be unable by his or her work to maintain
themselves." This authorization later became the following mandate under the California Welfare and
Institutions Code Section 17000:
Every county and every city and county shall relieve and support all incompetent, poor, indigent
persons, and those incapacitated by age, disease, or accident, lawfully resident therein, when
such persons are not supported and relieved by their relatives or friends, by their own means,
or by state hospitals or other state or private institutions.
Until the State decides otherwise, the County has a duty to provide health care to those in need. And
the County must plan its future health care system in a way that fully acknowledges this responsibility.
The State mandate takes on greater importance as uncompensated care provided by private hospitals
continues to decline.
The private sector has a different set of financial pressures and is not bound by the same
statutory obligations as the public sector. The County cannot elect not to provide certain
services to the indigent... (Rose Report, page 52).
Los Angeles County will continue to face a
growing responsibility for patients who
require medical care but are uninsured and
cannot afford to pay for medical services
rendered. The LA Model found that the
population in Region 7 (which includes
LAC+USC) is projected to grow in coming
years. The proportion of persons in the
region at or below the federal poverty
level is also projected to rise. Based on
recent experience (see graph), Los Angeles
County cannot depend on private hospitals to
voluntarily absorb a significant amount of its
mandated responsibility.
County vs. Private Hospitals
Los Angeles County, FYDS-96
100%
sox
60%
40%
20%
0%
Airs
als
■ Indigent Days
. Medi -Cal Days
. other
OSHPD, Quarterly Reports
Page -6-
October 16, 1997
While LAC+USC Medical Center is currently safe for patients and staff, state and federal authorities
have determined that the facility is in dire need of replacement. Interim measures have been instituted
to assure the safety of everyone who uses the facilities.
Critical Life Safety Standards: The existing health care facilities at LAC+USC do not meet minimum
life safety standards, and are deficient in terms of system capacity, reliability, and code compliance.
Bringing the building up to seismic and fire safety level as required by today's codes is simply not
feasible.
Problem areas include fire detection and prevention, ventilation, and emergency power. For example,
inpatient facilities lack fire sprinklers and do not meet fire exit requirements. Medical gases cannot be
piped in, and there is no central air conditioning. Facilities do not meet the minimum standards for
organ transplantation. The U.S. Health Care Financing Administration is allowing the buildings to
continue to function as health care facilities as long as the Department of Health Services commits to
and makes progress toward replacing existing facilities with a new hospital under a specific time
schedule.
Functional Obsolescence: LAC+USC Medical Center is comprised of 130 buildings, including four
hospitals, an outpatient clinic, and an AIDS clinic. The main inpatient facility, General Hospital, was
built in 1928. Since then, health care practices and the facilities they demand have changed
dramatically. The building, therefore, has lost functional efficiency. Estimates show that a new 750 -
bed replacement facility will cost approximately $100 million a year less to operate than the current
medical center and allow all activities to be consolidated in one modern, efficient facility.
Page -7-
October 16, 1997
State law, under SB 1953, requires all acute-care hospital buildings to meet State seismic standards by
January 1, 2008. Buildings currently used for acute-care inpatient services that are designated high risk
must be closed, retrofitted, rebuilt, or shifted to non-acute care by this date. Los Angeles County's
private hospitals are now assessing their options and deciding their futures.
The LA Model, a computer-based decision support tool developed in 1995, projects a 23 percent
decrease in private hospital capacity as a result of seismic requirements and financial pressures. The
LA Model report stressed that these projections are understated. In fact, the report concluded, some
hospitals may close because they are unable to comply with the State's requirements. LAC+USC's
Psychiatric Hospital has already been closed due to earthquake damage, and services moved to another
location.
In 1996 FEMA, the Federal Emergency Management Agency, approved disaster assistance to help
replace LAC+USC. In an August, 1997 letter, FEMA expressed concern that construction on many
major projects related to the Northridge earthquake has not begun, especially projects funded under its
program for hospitals. The letter states, "These delays may jeopardize Federal funding in the future.
" In a September 19, 1997 memo to the Board of Supervisors, the County's Chief Administrative
Officer stated that "The Board needs to make a decision on the LAC+USC Medical Center
Replacement Project by the end of this calendar year to strengthen the County's case for a
reasonable time extension and guarantee we will receive the maximum reimbursement."
During the 1994 Northridge Earthquake, the second floor of this day clinic completely collapsed. The
structure was unoccupied at the time. A total loss, the building was tom down soon after the earthquake
-- its value, as estimated by one source, was about $35 million.
(photo: Gregory Davis)
Page -8-
October 16, 1997
The Medicaid Demonstration Project for Los Angeles County (called the "1115 Waiver") is a
cooperative plan between the County and the federal government to restructure the County's health care
system. The project is designed to move the County health system away from more expensive hospital
and inpatient services by increasing access to community-based primary and preventive care. The graph
below illustrates the dramatic changes being taken at LAC+USC to meet this goal.
Changes in Inpatient Capacity Under the Waiver: By the year 2000 the County will have reduced
the inpatient census in its hospitals by almost 40 percent (from the 94/95 Fiscal Year baseline of 2,595
to 1,583 beds — a decrease of 1,012 budgeted beds). The County has already eliminated over 500
inpatient beds systemwide in an effort to move toward this goal. As part of the plan to reduce inpatient
capacity, the Waiver anticipates that LAC+USC Medical Center will be replaced by a smaller (750 -bed)
replacement facility. Replacing the current LAC+USC with a 750 -bed facility will reduce the County's
inpatient census by more than 150 beds beyond what is required by the Waiver (see graph below).
Changes in Outpatient Capacity Under the Waiver: By the year 2000 the County will have also
increased access to ambulatory care services by 50 percent in order to reduce the inappropriate use of
hospital-based services, particularly those of its emergency rooms. While all replacement options being
considered will provide fewer outpatient visits than the current LAC+USC (contrary to the provisions
of the Waiver), a 750 -bed replacement facility will retain the highest proportion of these visits. The
intent of the Waiver is to reduce health care costs while improving the way in which health services are
provided. An across-the-board cut in services does not fully acknowledge this intent. The 750 -bed
option gives the greatest indication that the County understands the purpose of the Waiver and is
prepared to face the future of health care in Los Angeles County.
The Future of LAC+USC
Average Daily Census (ADC)
1,239 1,221 ---------�
1,200 - 1,160 -
1,066
1,017
1,000 ! _ ------
067 666 660
800 —� ---- _. _ 614 Tea
600 — — ----
91/92 1 93/94 95/96 � 97198* 99/00*
90/91 92/93 94/95 96/97 98/99*
Fiscal Year (* projected)
Page -9-
October 16, 1997
Note — ADC of a 750 -bed
facility is 638.
Source: DHS
Annual Operating Costs
Los Angeles County's Department of Health Services (DHS) has been wrestling for years with
questions surrounding the financial aspects of replacing LAC+USC Medical Center. DHS recently
asked APM, Inc. to provide new, more accurate estimates for the annual operating costs of a
replacement facility. APM's findings were incorporated into DHS' October 3, 1997 Options Book for
the LAC+USC Medical Center Replacement Project. The final numbers clear up previous uncertainties:
there is no net difference between operating a 750 -bed replacement medical center or a 500 -bed
facility. This takes into account operational savings that will result from the current re-engineering
effort, as well as efficiencies that will result from a state-of-the-art facility.
.... the largest percentage of savings will come from moving from the current bed scenario to
the 750 bed size case. Even with the adjustment for economies of scale, there is a greater
percentage of fixed costs remaining as bed size declines (APM, page 8).
Annual revenues to offset these expenses, including State and federal funding and other sources, are
calculated by a complex DHS model that incorporates the number of beds, type of beds, mix between
compensated and uncompensated care, level of contracting with private facilities, and debt service.
750 BEDS — TO MEET THE NEED — IS AFFORDABLE
Annual County Contribution (in millions)
Current Medical
Center
Replacement
Project
750 beds 500 beds Difference
(Option 17) (Option 15)
$250.3
DHS estimate, 1/97
$358.7 $264.0 $94.7
New estimate, 9/97
$251.6 $251.9 $0.3
The difference between operating a 750 -bed medical center and a 500 -bed medical center is
approximately $300,000 per year, assuming an Average Daily Census of 860 inpatients, regardless of
hospital size. The January estimates did not include the costs to contract out for indigent patients.
Construction Costs
Most of the cost to build a new medical center — approximately 70 percent — will be funded by federal
and state programs. FEMA, the Federal Emergency Management Agency, will provide 45-50 percent
of the construction cost through disaster assistance associated with the Northridge earthquake. It is
anticipated that the State SB 1732 program will reimburse 50 percent of the County's debt service, or
approximately 20-25 percent of the total construction cost.
Construction of a 500 -bed facility will take three -and -a -half years longer to complete than construction
of a 750 -bed medical center, due to the need for additional design and review. This means three -and -a -
half years more of operating the outdated existing medical center.
Page -10-
October 16, 1997
LAC+USC Medical Center is currently budgeted for 860 beds. Since 85 percent is considered by
experts to be an appropriate occupancy level, at current usage levels any replacement hospital with less
than 1,000 beds will require some inpatients to be cared for elsewhere.
When capacity is reached at the replacement facility, based on the seriousness of their medical condition
patients may be directed or transferred elsewhere. Some of the patients treated at other hospitals will
be unable to pay for their medical care — medically indigent. For these patients, private hospitals will
have to provide uncompensated care or contract with the County at a specified rate to provide indigent
care. Contracting out for care and transferring patients presents several risks.
Medical Risk: Any process that involves directing patients to another medical center or accepting
patients and then transferring them will involve considerable medical risk. Medical professionals
strongly maintain that it is poor medical practice to transport ill patients. A complicated process would
have to be implemented to establish medical protocols, clearly define medical liability, and protect the
best interests of the patient at all times.
Only a few area hospitals have the specialized vehicles — mobile intensive care units — that are used
to transport emergency or trauma patients. These units are expensive to use and reflect the substantial
costs and liabilities involved in transferring patients in critical condition.
We do not believe the private sector has the willingness or ability to absorb the level of service
presently offered by LAC+USC Medical Center. Further, even if the County would be able to
contract for services at this level [the current level of service at LAC+USC], successful
implementation of the contract program would require that the County establish comprehensive
methods for monitoring patient accessibility, and the level and quality of care provided by
contractors (Rose Report, page 56).
Practical Aspects of Contracting: While there may be empty beds at private hospitals in the county,
the medical conditions of patients may not always match the bed type available. And the County would
be limited in its flexibility when it has to regularly negotiate prices, availability, procedures, and other
parameters.
We found that although More appears to be significant excess inpatient bed capacity in the County,
this capacity is generally for lower acuity care (Rose Report, page iv).
The County provides certain services that cannot be immediately replaced by private sector
providers (Rose Report, page 52).
Page -11-
October 16, 1997
Experience with Contracting: Previous efforts to develop contracts with private providers to care for
indigent patients in Los Angeles County have been unsuccessful. In the early 1990s, Los Angeles
County developed an Alternative Delivery Option (ADO) to serve the east San Gabriel and Pomona
Valleys. The financial and capacity projections were not met, making the system more expensive and
less effective than originally envisioned. The ADO was never realized.
More recent DHS efforts to partner with the private sector for indigent care, including attempts to
privatize High Desert Hospital and Rancho Los Amigos Medical Center, have also failed. In these
cases, it was determined that contracting with the private sector would be more expensive than if the
County continues to operate the facilities itself.
San Diego County's County Indigent Health Services program has contracts with private providers and
reimburses them for care provided to indigent patients. Due to reimbursement levels, two hospitals
have dropped out of the program, leaving the north section of San Diego County without any
participating hospitals.
Orange County's Medical Services for Indigents program has had challenges, including difficulty in
obtaining sufficient specialty services for patients. Orange County officials have gone so far as to
contact Los Angeles County DHS officials to discuss their interest in acquiring specialty services from
DHS physicians.
Financial Risk: Although the County provides the majority of indigent care, private hospitals do
provide millions of dollars to each year in uncompensated care. If there are contracts in place, will they
continue to do so? Or will the County be expected to begin covering the costs of all indigent patients,
even those who would have previously received charity care?
The County will also face increased financial exposure when Medi -Cal patients are transferred to other
hospitals. We are currently reimbursed by Medi -Cal at a flat rate based on our average cost of care.
Typically, the early days of an inpatient admission are the most expensive, involving emergency
services, surgery, or intensive care. If a Medi -Cal patient is admitted for emergency or intensive care,
stabilized and then transferred to another hospital, the County will be providing only the most expensive
care, but will be reimbursed at a lower rate.
ESTIMATED CONTRACTING COSTS FOR 860 ADC
(in millions)
Inpatient
Outpatient Total
Current Facility
-0-
-0-
-0-
750-bed Facility
$38.3
$11.1
$49.4
500 -bed facility
$77.1
$39.0 1
$116.1
Page -12-
October 16, 1997
Leading independent consultants and health care industry professionals have conducted comprehensive
analyses based on many factors to assess the health care needs of the County and recommend an
appropriate size and scope for the Medical Center's replacement. All analyses have reached the same
conclusion:
The range of beds needed at 90 percent occupancy of from 684 to 833 beds is remarkably
consistent for disparate methods of estimation. The mean of the rive separate methods is 769
beds. Thus, it is our recommendation that the replacement facility be sized at 750-780 beds
(Tranquada/Zaretsky, page 4).
We believe that Alternative 3: LAC+USC 788 would provide the
r county with the most effective program for ensuring a balance of
geographically based services in the County (Harvey M. Rose
Accountancy Corporation, October 24, 1995 letter, page 11).
The LAC+USC Medical Center should be rebuilt within a range of 675 and
750 inpatient beds to ensure availability of EMS/trauma services
throughout the county. Additionally, endorsement of a facility this size
Pr4 ensures continued access to inpatient medical services for indigents
residing in the region served by the facility.
HEALTHCARE
ASSOCIATION The unanimous vote reflects LAHC's belief that the unique medical needs
CF SOUTHERN C.4UFORNIA of Los Angeles County will not improve but will deteriorate because of., the
growth of indigent and uncompensated populations; a lack of adequate
funding for EMS and trauma centers; and a decline in hospital
reimbursements from government agencies and health plans (Health Care
Association of Southem Califomia, June 13, 1997 letter).
.... we are in agreement with the conclusions and supporting
Vt4-6arguments [of Tranquada/Zaretsky]. The LACMA Council, at its April
Los Angeles County 14 [19971 meeting, voted unanimously to support a rebuild facility
Medical with a bed capacity of approximately 750-780. Anything less appears
Association to shortchange public need .... (Los Angeles County Medical
Association, May 1, 1997 letter).
Page -13-
Octo6er 16, 1997
This document includes findings from the following reports:
APM: APM Incorporated, "LAC+USC Facility Replacement
APM!ncoruar�ed Project: Estimated Operating Budget." May, 1997.
DWP: Feldstein, Paul, Ph.D., Alyssa Lutz, Ph.D., and Bruce
Strombom, "Trends in Southern California Healthcare: The Role of
Hospitals in Southern California's Managed Care Environment."
' ' X41i Report commissioned by the Los Angeles Department of Water and
Power. (DWP), 1997
LA Model: National Health Foundation, "The LA Model: Inpatient and Emergency Services
Component Update." May, 1997.
Lewin Study: Lewin-VHI, Inc., "Study Report Prepared for the Steering Committee for the
Study of Los Angeles Health Resources." May, 1995.
ar4er Rose Report: Harvey M. Rose Accountancy Corporation,
"Evaluation of the Los Angeles Department of Health Services
Facilities Replacement and Improvement Plan." October, 1995.
Tranquada/Zaretsky Report: Tranquada, Robert E., M.D. and Henry W. Zaretsky, Ph.D,
"County of Los Angeles Health Facilities Improvement and Replacement Plan Analysis."
October, 1996.
UCLA Center for Health Policy Research: Wallace, Steven P., Ph.D., "Welfare Reform Could
Add 25,000 Uninsured L.A. County Residents Per Year." August, 1997.
Page -14-
October 16. 1997
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
SUPPORTING THE LAC+USC MEDICAL CENTER REPLACEMENT FACILITY
WHEREAS, the LAC+USC Medical Center has been providing quality health care services to
Los Angeles County residents since its founding in 1878; and
WHEREAS, Los Angeles County has a long-standing tradition of providing quality health care
services to all County residents, including the medically indigent; Los Angeles County has a
statutory obligation to provide quality health care for its medically indigent residents under
California Welfare Institutions Code, Section 17000; and
WHEREAS, more than 3.5 million people live within a 10 -mile radius of LAC+USC, including 60
percent of the medically indigent population of Los Angeles County; and
WHEREAS, LAC+USC is a critical component of the County's comprehensive health system,
providing 23 percent of all trauma care in the County and caring for 50 percent of all HIV/AIDS
cases and nearly 50 percent of all burn cases, in addition to many other critical services not
offered by other hospitals in the area; and
WHEREAS, LAC+USC Medical Center sustained damage during the 1994 Northridge
Earthquake, as a result, the Med Center must comply with new state seismic standards, for this
reason, along with the fact that the facility's physical plant is deteriorating and that it does not
meet minimum life safety requirements, Los Angeles County is now forced to replace the
outdated and inefficient Medical Center; and
WHEREAS, several studies have been conducted at the request of the Los Angles County Board
of Supervisors to assess the health care needs of the County and to recommend the appropriate
size and scope of the Medical Centers replacement; the recommendation issued by these studies
indicate a need for a replacement facility in the range of 750 beds, and
WHEREAS, leading health care professionals organizations, including the Healthcare Association
of Southern California and the Los Angeles County Medical Association, have expressed their
support for a replacement facility in the range of 750 beds; the County's own Department of
Health Services also supports a 750 -bed replacement facility; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has indicated that the County
is at risk of losing close to half a billion dollars in federal funds, specifically allocate d for the
replacement of the Medical Center, if it does not decide on a replacement plan by January 1998.
THEREFORE, recognizing the urgency faced by the County, be it resolved that the City Council
is in full support of a 750 -bed LAC+USC Medical Center replacement facility and, furthermore,
the City Council urges the Los Angeles County Board of Supervisors to vote for said facility as its
Board Meeting of November 12, 1997.
PASSED, ADOPTED, AND APPROVED this day of
1997.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of 1997, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
AC+USC
MEDICAL CENTER
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Freeway
JIM WILSON / DHS MIC / JAN 31, 1996
Sustaining the Health Care Safety Net for
LOS ANGELES COUNTY
Today and Into Tomorrow
Prepared by Los Angeles County Supervisor Gloria Molina
INTRODUCTION:
SUSTAINING THE HEALTHCARE SAFETY NET
FOR ALL OF LOS ANGELES COUNTY ......................................... PAGE 1
LAC+USC MEDICAL CENTER:
PROVIDING CRITICAL, UNIQUE SERVICES TO ALL OF LOS ANGELES COUNTY
EMERGENCY ROOM SERVICES .......................................... PAGE Z
TRAUMA CARE ...................................................... PAGE 3
OTHER UNIQUE SERVICES ............................................. PAGE 4
THE UNINSURED WORKING POOR:
LOS ANGELES COUNTY'S DUTY
INDIGENTCARE ...................................................... PAGE 5
STATE MANDATE ..................................................... PAGE 6
STRUCTURAL SAFETY ....................................................... PAGE 7
EARTHQUAKE SAFETY:
SECURING THE CENTER OF LOS ANGELES COUNTY HEALTH CARE .................. PAGE 8
MEDICAID DEMONSTRATION PROJECT (1115 FEDERAL WAIVER:
MOVING TOWARD THE FUTURE OF HEALTH CARE .............................. PAGE 9
WE CAN'T AFFORD NOT TO DO 750 .......................................... PAGE 10
SUPPLEMENTAL CONTRACTING AND TRANSFERRING PATIENTS:
WHY CONTRACTING IS A LIMITED OPTION .................................... PAGE 1 I
CONCLUSION:
THE EXPERTS AGREE - LOS ANGELES COUNTY
NEEDS A 750 -BED MEDICAL CENTER ........................................ PAGE 13
REPORTSCITED .................................................... .......PAGE 14
Under the California Welfare and Institutions Code, Section 17000, Los Angeles County has a mandate
to provide health care services for the medically indigent. We have a long-standing tradition of meeting
this challenge. We continue to accept the same responsibilities today.
One of the critical components of our comprehensive health care system is the LAC+USC Medical
Center. LAC+USC is one of the nation's largest acute care hospitals, with 1,779 licensed beds; 1,405
available beds; and 860 budgeted beds. It is one of the busiest trauma centers in the U. S. and provides
23 percent of Los Angeles County's trauma care. The Medical Center cares for half of the County's
HIV/AIDS patients, provides 50 percent of sickle cell care, and is the largest medical teaching facility
in the country. In 1995-96, LAC+USC admitted more than 56,000 inpatients and provided over
800,000 outpatient and emergency visit to residents throughout the County.
LAC+USC is particularly essential for those who live in its primary service area. Sixty percent of the
County's indigent population lives within a ten -mile radius of LAC+USC. The population of this
region is projected to grow, particularly at or below the poverty level. And since the communities
closest to the Medical Center rely heavily on public transportation, LAC+USC plays an indispensable
role in ongoing efforts to make quality health care accessible to all County residents.
Due to new seismic standards, a deteriorating physical plant, and life safety requirements, the
LAC+USC Medical Center must be replaced. Several studies have been conducted by independent
consultants to assess the health care needs of the County and recommend an appropriate size and scope
for the Medical Center's replacement. Past proposals considered by the Board Of Supervisors include
a plan for the construction of two new hospitals and another plan for a 946 -bed replacement facility.
The current discussion focuses on a much smaller alternative — a 750 -bed medical center.
Leading independent consultants, the Healthcare Association of Southern California, and the Los
Angeles County Medical Association reached the same conclusion: a 750 -bed hospital is the minimum
size necessary to meet the future health care needs of Los Angeles County. This is a significant
reduction — 50 percent — from the current medical center's 1,405 available beds.
The Board Of Supervisors has a responsibility to approve a Medical Center replacement project that
will sustain the countywide emergency and trauma networks and provide: sufficient emergency and
trauma care to its local service area; enough inpatient capacity to care for patients treated in the
emergency room; and the unique, critical specialty services that are not sufficiently available in the
private sector. Any decision must also consider the number and type of available beds in other area
facilities, and any risks and obstacles involved in transferring patients to other hospitals or contracting
with other hospitals.
A new 750 -bed medical center is a cost-effective solution to meeting the health care needs of all Los
Angeles County while sustaining the County's health care safety net.
Page -/-
October 16, 1997
EMERGENCY ROOM SERVICES
LAC+USC provides critical medical services to hundreds of
thousands of County residents. Almost 250,000 people are treated in ®0
LAC+USC's emergency room (ER) each year. The ER treats -
accident, cardiac, and burn victims, as well as victims of other injuries
and illnesses. Emergency care is a pillar of LAC+USC's fundamental
mission, and all Los Angeles County residents benefit from its
services. Many private hospitals do not have emergency rooms and turn patients away, directing them
to LAC+USC. Because it is central to the County's emergency system, thousands of patients are
transferred to LAC+USC from other hospitals each year. This capacity would be difficult to replace.
The County provides certain services that cannot be immediately replaced by private sector
providers.... In interviews, private providers reported that the threat of closure alone had
increased the burden on their emergency rooms, and, more important, that they would consider
closing their emergency rooms or reconfiguring hospital inpatient capacity to limit ER capacity
if they were burdened with too many additional ER patients as a result of County closures (Rose
Report, page 52).
ER activity is strongly tied to inpatient care; many emergency patients require continued treatment as
inpatients. Almost 40,000 of the 250,000 patients treated in LAC+USC's ER each year require
inpatient care and are subsequently admitted to the Medical Center. These patients account for
approximately 70 percent of the nearly 56,000 total inpatient admissions each year at LAC+USC.
Therefore, most of LAC+USC's beds must be set aside just to provide adequate medical aftercare for
patients admitted through the ER. The need for emergency services is expected to grow.
The County is projected to face a significant shortage of emergency room services cavacity b
the year 2005. especially without completion of planned projects .... Completion of planned
projects would alleviate almost half of the projected shortage in emergency room services
capacity .... The County had a shortage of emergency room capacity in 1995 in most regions
for most visit types (LA Model, pp. 9-11).
The LA Model projects that Region 7 (central Los Angeles) will experience a shortage of 353,500 ER
visits in the year 2005, even with the completion of all planned replacement, renovation, or remodeling
projects (this assumes a 946 -bed LAC+USC scenario).
Page -2-
October 16, 1997
TRAUMA CARE
Not all emergency patients are trauma
victims; only the most critically injured
patients are designated as trauma victims
by professionals. Similarly, not every
emergency room is a trauma center. While
there are currently 83 ERs in Los Angeles
County, there are only 13 trauma centers,
down from 23 in 1984. Almost all trauma
patients are brought to the hospital by
ambulance, enter through the ER, and are
subsequently admitted as inpatients.
LAC+USC has a specially -trained trauma
team of doctors, nurses, and other health
care professionals.
Percent of All County Trauma Cases
Trauma Centers within LAC+USC's Primary Service Area, 1996
20%
(Does not include burn cases)
10% —
$% 4%
o°i°
7%
St. Francis Children's
LAC+USC Huntington
LAC+USC treats more trauma patients than any other trauma center in the County, and is one of the
busiest trauma centers in the nation. It provided 23 percent of the County's trauma care in 1996.
LAC+USC is the only provider of trauma care within its 20 -minute trauma catchment area (a service
area defined by Emergency Medical Services), and is vastly busier than nearby centers (see graph
above).
Given the importance of LAC+USC to the county -wide trauma system ... if downsizing has a
major impact on its emergency services capacity (including inpatient services such as intensive
care units), increased pressures would be placed on all nearby hospitals with emergency rooms,
with particular pressure placed on the trauma hospitals .... Such emergency capabilities serve
the entire community, as opposed to primarily Medi -Cal and indigent populations, and thus
directly impact tax payers ... (Tranquada/Zaretsky, pp. 2425).
In addition to accepting patients from its trauma catchment area, LAC+USC has "open catchment."
This means that, unlike any private hospital, LAC+USC will take patients injured in other catchment
areas that cannot be handled by their closest trauma center. Many of these are patients transported by
air ambulance from critical accident sites or indigent patients transported from other hospitals.
Page -3-
October 16, 1997
OTHER UNIQUE SERVICES
Burn Center: LAC+USC operates the largest of only three burn centers in Los Angeles County,
providing 45 percent of the County's burn care. The other centers are in Sherman Oaks and Torrance.
LAC+USC has an exclusive contract to treat all of Kaiser Permanente's burn patients.
HIV/AIDS Care: Health care professionals at LAC+USC care for half of all HN/AIDS patients in
Los Angeles County, more than any other provider. Both inpatient and outpatient care is provided by
a specialized AIDS ward and the 5P21 -Rand Schrader Clinic, respectively. LAC+USC provides
innovative and comprehensive health care to AIDS patients. For example, in 1995 LAC+USC opened
a state-of-the-art Maternal and Child AIDS Clinic to provide individualized care and support to children
and their families.
High -Risk Pregnancies/Neonatal Intensive Care: Thousands of babies in high-risk pregnancies are
delivered at LAC+USC's Women and Children's Hospital each year, more than at any other hospital
in Los Angeles County. LAC+USC has a Level Three Neonatal Intensive Care Unit, where aftercare
is provided to infants confronted with serious medical conditions.
Medical Education: LAC+USC operates the largest medical teaching facility in the country.
Approximately one-third of all private practice physicians in Southern California trained at LAC+USC.
The fact that LAC+USC is a teaching hospital contributes to the quality of care provided to patients.
Research results recently published in The Journal of the American Medical Association concluded that
the risk of death is 19 percent lower and the length of stay is almost 10 percent lower in teaching
hospitals than in non -teaching hospitals.
Nursing School: LAC+USC operates an accredited School of Nursing which trains hundreds of skilled
nurses each year. The School offers a cooperative four-year academic program with neighboring Cal
State Los Angeles. Nursing graduates provide vital nursing services to residents throughout Los
Angeles County.
Medical Research: LAC+USC places a strong emphasis on research programs. Involvement in
medical research ensures that the medical staff is familiar with the latest medical innovations and can
provide the most current medical treatments.
Specialization: LAC+USC provides specialized medical staff, specialized equipment, and unique
medical procedures in the fields of neurology, hematology, oncology, dermatology and diabetes. Many
of these services are rare in the private sector.
Sickle Cell Care: LAC+USC provides fifty percent of the sickle cell care in Los Angeles County.
Jail Ward: LAC+USC operates the only inpatient jail ward in Los Angeles County. This secured
facility could not be easily duplicated in the private sector.
Page -4-
October 16, 1997
INDIGENT CARE
Many providers are taking measures to secure their future financial viability in reaction to current trends
in the health care industry. According to the DWP report, there is an increased unwillingness to provide
health care services to indigent patients.
"Instead, the burden of this population is likely to become even more concentrated on the few
private hospitals still willing to accept them and the public providers obligated to accept them"
(DWP, page 69).
Los Angeles County is home to more medically
uninsured residents than any state except Texas
(and, of course, California). Almost one-third of
the County's non -elderly population is uninsured.
This is almost twice the national rate of 17.4
percent. Most of the uninsured in Los Angeles
County — 84 percent — are workers and their
dependents; many are working poor. These are
people who, although they are employed, do not
earn enough to afford health insurance for
themselves or their families. While some of them
may have health insurance, many remain
underinsured because their plans have limited
coverage or require prohibitive co -payments and
deductibles.
The ranks of these medically indigent are expected to swell as Medi -Cal eligibility becomes more
limited and benefits for non -citizen immigrant are restricted. According to Steve P. Wallace, Ph.D.,
Associate Director of the UCLA Center for Health Policy Research, "Los Angeles County could find
itself with an additional 25,000 uninsured residents per year—with a total of 200,000 more uninsureds
by the year 2005.... " Other experts have also recognized this growing need.
.... it appears that 750 to 780 beds would be warranted in the year 2000. This bed complement
would enable LAC+USC to maintain its current county indigent inpatient volume, and its role as
the hub of the trauma system in Los Angeles County (Tranquada/Zaretsky, page 39).
LAC+USC is providing critically needed services that cannot be reduced without significantly
impacting the surrounding community. Of the thirteen Medically Underserved Areas in Los Angeles
County designated by the U.S. Public Health Service (USPHS), nine are in LAC+USC's primary
service area. The USPHS has also designated fourteen Health Professional Shortage Areas in the
County; six are in LAC+USC's primary service area.
Page -5-
October 16, 1997
STATE MANDATE
Due to California's statutory requirements, the County is the health care provider of last resort for
anyone who cannot afford to cover the costs of necessary health services. Los Angeles County has a
longstanding tradition of providing health care for all of its residents. In 1860, the State Legislature
authorized counties to extend the services of their hospitals to "every person who is blind, lame, old,
sick, or decrepit, or in any other way disabled so as to be unable by his or her work to maintain
themselves." This authorization later became the following mandate under the California Welfare and
Institutions Code Section 17000:
Every county and every city and county shall relieve and support all incompetent, poor, indigent
persons, and those incapacitated by age, disease, or accident, lawfully resident therein, when
such persons are not supported and relieved by their relatives or friends, by their own means,
or by state hospitals or other state or private institutions.
Until the State decides otherwise, the County has a duty to provide health care to those in need. And
the County must plan its future health care system in a way that fully acknowledges this responsibility.
The State mandate takes on greater importance as uncompensated care provided by private hospitals
continues to decline.
The private sector has a different set of financial pressures and is not bound by the same
statutory obligations as the public sector. The County cannot elect not to provide certain
services to the indigent... (Rose Report, page 52).
Los Angeles County will continue to face a
growing responsibility for patients who
require medical care but are uninsured and
cannot afford to pay for medical services
rendered. The LA Model found that the
population in Region 7 (which includes
LAC+USC) is projected to grow in coming
years. The proportion of persons in the
region at or below the federal poverty
level is also projected to rise. Based on
recent experience (see graph), Los Angeles
County cannot depend on private hospitals to
voluntarily absorb a significant amount of its
mandated responsibility.
County vs. Private Hospitals
Los Angeles County, FY 95-96
100%
80%
60%
40%
20%
0%
DHS Hospitals Private Hospitals
. Indigent Days
Medi -Cal Days
■ other
05HPA Quarterly Reports
Page -6-
October 16. 1997
While LAC+USC Medical Center is currently safe for patients and staff, state and federal authorities
have determined that the facility is in dire need of replacement. Interim measures have been instituted
to assure the safety of everyone who uses the facilities.
Critical Life Safety Standards: The existing health care facilities at LAC+USC do not meet minimum
life safety standards, and are deficient in terms of system capacity, reliability, and code compliance.
Bringing the building up to seismic and fire safety level as required by today's codes is simply not
feasible.
Problem areas include fire detection and prevention, ventilation, and emergency power. For example,
inpatient facilities lack fire sprinklers and do not meet fire exit requirements. Medical gases cannot be
piped in, and there is no central air conditioning. Facilities do not meet the minimum standards for
organ transplantation. The U.S. Health Care Financing Administration is allowing the buildings to
continue to function as health care facilities as long as the Department of Health Services commits to
and makes progress toward replacing existing facilities with a new hospital under a specific time
schedule.
Functional Obsolescence: LAC+USC Medical Center is comprised of 130 buildings, including four
hospitals, an outpatient clinic, and an AIDS clinic. The main inpatient facility, General Hospital, was
built in 1928. Since then, health care practices and the facilities they demand have changed
dramatically. The building, therefore, has lost functional efficiency. Estimates show that a new 750 -
bed replacement facility will cost approximately $100 million a year less to operate than the current
medical center and allow all activities to be consolidated in one modern, efficient facility.
Page -7-
October 16, 1997
State law, under SB 1953, requires all acute-care hospital buildings to meet State seismic standards by
January 1, 2008. Buildings currently used for acute-care inpatient services that are designated high risk
must be closed, retrofitted, rebuilt, or shifted to non-acute care by this date. Los Angeles County's
private hospitals are now assessing their options and deciding their futures.
The LA Model, a computer-based decision support tool developed in 1995, projects a 23 percent
decrease in private hospital capacity as a result of seismic requirements and financial pressures. The
LA Model report stressed that these projections are understated. In fact, the report concluded, some
hospitals may close because they are unable to comply with the State's requirements. LAC+USC's
Psychiatric Hospital has already been closed due to earthquake damage, and services moved to another
location.
In 1996 FEMA, the Federal Emergency Management Agency, approved disaster assistance to help
replace LAC+USC. In an August, 1997 letter, FEMA expressed concern that construction on many
major projects related to the Northridge earthquake has not begun, especially projects funded under its
program for hospitals. The letter states, "These delays may jeopardize Federal funding in the future.
" In a September 19, 1997 memo to the Board of Supervisors, the County's Chief Administrative
Officer stated that "The Board needs to make a decision on the LAC+USC Medical Center
Replacement Project by the end of this calendar year to strengthen the County's case for a
reasonable time extension and guarantee we will receive the maximum reimbursement."
During the 1994 Northridge Earthquake, the second floor of this day clinic completely collapsed. The
structure was unoccupied at the time. A total loss, the building was torn down soon after the earthquake
-- its value, as estimated by one source, was about $35 million.
(photo: Gregory Davis)
Page -8-
October 16, 1997
The Medicaid Demonstration Project for Los Angeles County (called the "1115 Waiver") is a
cooperative plan between the County and the federal government to restructure the County's health care
system. The project is designed to move the County health system away from more expensive hospital
and inpatient services by increasing access to community-based primary and preventive care. The graph
below illustrates the dramatic changes being taken at LAC+USC to meet this goal.
Changes in Inpatient Capacity Under the Waiver: By the year 2000 the County will have reduced
the inpatient census in its hospitals by almost 40 percent (from the 94/95 Fiscal Year baseline of 2,595
to 1,583 beds — a decrease of 1,012 budgeted beds). The County has already eliminated over 500
inpatient beds systemwide in an effort to move toward this goal. As part of the plan to reduce inpatient
capacity, the Waiver anticipates that LAC+USC Medical Center will be replaced by a smaller (750 -bed)
replacement facility. Replacing the current LAC+USC with a 750 -bed facility will reduce the County's
inpatient census by more than 150 beds beyond what is required by the Waiver (see graph below).
Changes in Outpatient Capacity Under the Waiver: By the year 2000 the County will have also
increased access to ambulatory care services by 50 percent in order to reduce the inappropriate use of
hospital-based services, particularly those of its emergency rooms. While all replacement options being
considered will provide fewer outpatient visits than the current LAC+USC (contrary to the provisions
of the Waiver), a 750 -bed replacement facility will retain the highest proportion of these visits. The
intent of the Waiver is to reduce health care costs while improving the way in which health services are
provided. An across-the-board cut in services does not fully acknowledge this intent. The 750 -bed
option gives the greatest indication that the County understands the purpose of the Waiver and is
prepared to face the future of health care in Los Angeles County.
The Future of LAC+USC
Average Daily Census (ADC)
1,200
1,000
800
600 _ __
92-1 93/94 T 95/96 97/98* 99/00*
90/91 92/93 94/95 96/97 98/99*
Fiscal Year (* projected)
Page -9-
October 16, 1997
Note — ADC of a 750 -bed
facility is 638.
Source: DHS
Annual Operating Costs
Los Angeles County's Department of Health Services (DHS) has been wrestling for years with
questions surrounding the financial aspects of replacing LAC+USC Medical Center. DHS recently
asked APM, Inc. to provide new, more accurate estimates for the annual operating costs of a
replacement facility. APM's findings were incorporated into DHS' October 3, 1997 Options Book for
the LAC+USC Medical Center Replacement Project. The final numbers clear up previous uncertainties:
there is no net difference between operating a 750 -bed replacement medical center or a 500 -bed
facility. This takes into account operational savings that will result from the current re-engineering
effort, as well as efficiencies that will result from a state-of-the-art facility.
.... the largest percentage of savings will come from moving from the current bed scenario to
the 750 bed size case. Even with the adjustment for economies of scale, there is a greater
percentage of fixed costs remaining as bed size declines (APM, page 8).
Annual revenues to offset these expenses, including State and federal funding and other sources, are
calculated by a complex DHS model that incorporates the number of beds, type of beds, mix between
compensated and uncompensated care, level of contracting with private facilities, and debt service.
750 BEDS — TO MEET THE NEED — IS AFFORDABLE
Annual County Contribution (in millions)
Current MedicalLDHS
placement 750 beds 500 beds Difference
CenterProject (Option 17) (Option 15)
$250.3 estimate, 1/97 $358.7 $264.0 $94.7
estimate, 9/97 $251.6 $251.9
The difference between operating a 750 -bed medical center and a 500 -bed medical center is
approximately $300,000 per year, assuming an Average Daily Census of 860 inpatients, regardless of
hospital size. The January estimates did not include the costs to contract out for indigent patients.
Construction Costs
Most of the cost to build a new medical center — approximately 70 percent — will be funded by federal
and state programs. FEMA, the Federal Emergency Management Agency, will provide 45-50 percent
of the construction cost through disaster assistance associated with the Northridge earthquake. It is
anticipated that the State SB 1732 program will reimburse 50 percent of the County's debt service, or
approximately 20-25 percent of the total construction cost.
Construction of a 500 -bed facility will take three -and -a -half years longer to complete than construction
of a 750 -bed medical center, due to the need for additional design and review. This means three -and -a -
half years more of operating the outdated existing medical center.
Page -10-
October 16, 1997
LAC+USC Medical Center is currently budgeted for 860 beds. Since 85 percent is considered by
experts to be an appropriate occupancy level, at current usage levels any replacement hospital with less
than 1,000 beds will require some inpatients to be cared for elsewhere.
When capacity is reached at the replacement facility, based on the seriousness of their medical condition
patients may be directed or transferred elsewhere. Some of the patients treated at other hospitals will
be unable to pay for their medical care — medically indigent. For these patients, private hospitals will
have to provide uncompensated care or contract with the County at a specified rate to provide indigent
care. Contracting out for care and transferring patients presents several risks.
Medical Risk: Any process that involves directing patients to another medical center or accepting
patients and then transferring them will involve considerable medical risk. Medical professionals
strongly maintain that it is poor medical practice to transport ill patients. A complicated process would
have to be implemented to establish medical protocols, clearly define medical liability, and protect the
best interests of the patient at all times.
Only a few area hospitals have the specialized vehicles — mobile intensive care units — that are used
to transport emergency or trauma patients. These units are expensive to use and reflect the substantial
costs and liabilities involved in transferring patients in critical condition.
We do not believe the private sector has the willingness or ability to absorb the level of service
presently offered by LAC+USC Medical Center. Further, even if the County would be able to
contract for services at this level [the current level of service at LAC+USC], successful
implementation of the contract program would require that the County establish comprehensive
methods for monitoring patient accessibility, and the level and quality of care provided by
contractors (Rose Report, page 56).
Practical Aspects of Contracting: While there may be empty beds at private hospitals in the county,
the medical conditions of patients may not always match the bed type available. And the County would
be limited in its flexibility when it has to regularly negotiate prices, availability, procedures, and other
parameters.
We found that although there appears to be significant excess inpatient bed capacity in the County,
this capacity is generally for lower acuity care (Rose Report, page iv).
The County provides certain services that cannot be immediately replaced by private sector
providers (Rose Report, page 52).
Page -11-
October 16, 1997
Experience with Contracting: Previous efforts to develop contracts with private providers to care for
indigent patients in Los Angeles County have been unsuccessful. In the early 1990s, Los Angeles
County developed an Alternative Delivery Option (ADO) to serve the east San Gabriel and Pomona
Valleys. The financial and capacity projections were not met, making the system more expensive and
less effective than originally envisioned. The ADO was never realized.
More recent DHS efforts to partner with the private sector for indigent care, including attempts to
privatize High Desert Hospital and Rancho Los Amigos Medical Center, have also failed. In these
cases, it was determined that contracting with the private sector would be more expensive than if the
County continues to operate the facilities itself.
San Diego County's County Indigent Health Services program has contracts with private providers and
reimburses them for care provided to indigent patients. Due to reimbursement levels, two hospitals
have dropped out of the program, leaving the north section of San Diego County without any
participating hospitals.
Orange County's Medical Services for Indigents program has had challenges, including difficulty in
obtaining sufficient specialty services for patients. Orange County officials have gone so far as to
contact Los Angeles County DHS officials to discuss their interest in acquiring specialty services from
DHS physicians.
Financial Risk: Although the County provides the majority of indigent care, private hospitals do
provide millions of dollars to each year in uncompensated care. If there are contracts in place, will they
continue to do so? Or will the County be expected to begin covering the costs of all indigent patients,
even those who would have previously received charity care?
The County will also face increased financial exposure when Medi -Cal patients are transferred to other
hospitals. We are currently reimbursed by Medi -Cal at a flat rate based on our average cost of care.
Typically, the early days of an inpatient admission are the most expensive, involving emergency
services, surgery, or intensive care. If a Medi -Cal patient is admitted for emergency or intensive care,
stabilized and then transferred to another hospital, the County will be providing only the most expensive
care, but will be reimbursed at a lower rate.
ESTIMATED CONTRACTING COSTS FOR 860 ADC
(in millions)
Inpatient
Outpatient
Total
Current Facility
-0-
-0-
-0-
750-bed Facility
$38.3
$11.1
$49.4
500 -bed facility
$77.1
$39.0
$116.1
Page -12-
October 16 1997
Leading independent consultants and health care industry professionals have conducted comprehensive
of
analyses based on many factors to assess
l Centereslth care replacement.dsAll the
have reached the same
d recommend an
appropriate size and scope for the Medica
conclusion:
The range of beds needed at 90 percent occupancy of from 684 to 833 beds is remarkably
consistent for disparate methods of estimation. The mean of the five separate methods is 769
beds. Thus, it is our recommendation that the replacement facility be sized at 750-780 beds
(Tranquada/Zaretsky, page 4).
We believe that Alternative 3: LAC+USC 788 would provide the
+max county with the most effective program for ensuring a balance of
geographically based services in the County (Harvey M. Rose
Accountancy Corporation, October 24, 1995 fetter, page )•
The LAC+USC Medical Center should be rebuilt within a range of 675 and
750 inpatient beds to ensure availability of EMS/trauma services
throughout the county. Additionally, endorsement of a facility this size
05VAL ensures continued access to inpatient medical services for indigents
residing in the region served by the facility.
HEALTHCARE
ASSOCIATION The unanimous vote reflects LAHC's belief that the unique medical needs
Of SOUTHERN CALIFORNIA of Los Angeles County will not improve but will deteriorate because of: the
growth of indigent and uncompensated populations; a lack of adequate
funding for EMS and trauma centers; and a decline in hospital
reimbursements from government agencies and health plans (Health Care
Association of Southern California, June 13, 1997 letter).
we are in agreement with the conclusions and supporting
arguments [of Tranquada/Zaretsky]. The LACMA Council, at its April
J Los.angele+ComiN 14 [1997] meeting, voted unanimously to support a rebuild facility
Medical with a bed capacity of approximately 750-780. Anything less appears
AssOciati°° to shortchange public need .... (Los Angeles County Medical
Association, May 1, 1997 letter).
Page -13-
October 16, 1997
This document includes findings from the following reports:
APM: APM Incorporated, "LAC+USC Facility Replacement
APM Incorporated project: Estimated Operating Budget." May, 1997.
DWP: Feldstein, Paul, Ph.D., Alyssa Lutz, Ph.D., and Bruce
Strombom, "Trends in Southern California Healthcare: The Role of
Hospitals in Southern California's Managed Care Environment."
T A. i"IluCA,Report commissioned by the Los Angeles Department of Water and
Power. (DWP), 1997
LA Model: National Health Foundation, "The LA Model: Inpatient and Emergency Services
Component Update." May, 1997.
Lewin Study: Lewin-VHI, Inc., "Study Report Prepared for the Steering Committee for the
Study of Los Angeles Health Resources." May, 1995.
Rose Report: Harvey M. Rose Accountancy Corporation,
NMO* "Evaluation of the Los Angeles Department of Health Services
Facilities Replacement and Improvement Plan." October, 1995.
Tranquada/Zaretsky Report: Tranquada, Robert E., M.D. and Henry W. Zaretsky, Ph.D,
"County of Los Angeles Health Facilities Improvement and Replacement Plan Analysis."
October, 1996.
UCLA Center for Health Policy Research: Wallace, Steven P., Ph.D., "Welfare Reform Could
Add 25,000 Uninsured L.A. County Residents Per Year." August, 1997.
Page -14-
October 16, 1997
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAGER' )-
RE: GREATER LA PUENTE VALLEY MEALS ON WHEELS
PROGRAM FUNDING, WITH CDBG FUNDS
DATE: NOVEMBER 4, 1997
ISSUE:
Shall the City provide funding to the Greater La Puente Valley Meals on
Wheels Program?
RECOMMENDATION:
It is recommended that the City Council approve the funding of the Greater
La Puente Valley Meals on Wheels Program, in the amount of $2,500;
utilizing Community Development Block Grant (CDBG) funds.
DISCUSSION:
The Greater La Puente Valley Meals on Wheels Program has requested
$4,000 ($1,000 per quarter) to help fund the program, which serves the cities
of Diamond Bar, Walnut, La Puente, West Covina, as well as, Rowland
Heights, Hacienda Heights, and Valinda.
The Greater La Puente Valley program currently serves twelve Diamond Bar
residents, They are provided two meals per day, five days per week. This
program is eligible for Community Development Block Grant (CDBG)
funding. The FY 97-98 CDBG budget has an unallocated balance of
$12,800 in the Community Services allocation.
An appropriation of $2,500 will fund the remainder of the second quarter and
the entirety of the third and fourth quarters of FY 97-98.
La Puente Yaffe Greater
meals on wheels
P.O BOX 7113 • CITY OF INDUSTRY, CA 91744 • (818) 333-3253
August 23 1997
The Honorable Carol Herrera
Diamond Bar City Council j
21660 E. Copley Dr.
Diamond Bar, CA 91765
Dear Councilwoman Herrera:
The Greater La Puente Valley Meals on Wheels, provides between 1,000 and 1200 meals
per month five days per week to recipients in the San Gabriel Valley. These recipients are
disabled, aged, and chronically ill. The cities served by this program include Diamond Bar,
Hacienda Heights, La Puente, Rowland Heights, Valinda, Walnut and West Covina.
The Queen of the Valley Hospital prepares the meals for a modest cost to the recipient.
Some of which we do absorb. The hospital is willing to provide special diets whenever
necessary. That is why we are very pleased to continue the service with Queen of the Valley
Hospital. However, we also have a paid administrator and other expenses that we must pay on a
regular basis to maintain this much needed program.
We are a non-profit volunteer community service organization and we need your help.
Please present this request of a X4,000 donation to your organization. We are requesting the
donation to be made on a quarterly basis of $1,000each quarter beginning July 1997.
Our organization has been delivering meals to less fortunate members of the San Gabriel
Valley since 1979... that's eighteen (18) years of continued service. We cannot continue without
the help of voluntarily donors.
If you need additional information or have questions, please contact me. We look
forward to your positive reply.
# 6t 4 ditto 5
Sinc y,
•�`3k
Charles M. House
President
A VOLUNTEER NON-PROFIT COMMUNITY SERVICE PROVIDING HOME -DELIVERED MEALS
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CITY OF DIAMOND DAR
AGENDA REPORT
AGENDA NO. 8.1
TO: Honorable Mayor and Members of the City Council
MEETING DATE: November 4, 1997 REPORT DATE: October 21, 1997
FROM: Terrence L. Belanger, City Manager
TITLE: SECOND READING OF ORDINANCE 07 (1997) "AN ORDINANCE OF THE CITY OF DIAMOND BAR ADDING
CHAPTER 10.50 OF TITLE 10 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PARKING CITATION
PROCESSING PROCEDURES"
SUMMARY: At the October 7, 1997 meeting, the City Council approved the first reading of Ordinance 07 (1997)
regarding the administration of parking citations. The Ordinance codifies the decriminalized parking citation process.
Through AB 408 and AB 780, the processing of parking citations was removed from the courts, and the bills established
a civil administrative review process for the collection and contesting of parking citations. Cities are required to
establish a schedule of parking violation penalties, late payment penalties, administrative fees, and other related
charges. Since the decriminalization of the parking citations, two additional modifications have occurred through AB
1228 and AB 3157, which address the time limits for the appeal of parking citations. The City has contracted with
Judicial Data Services, Inc. and the City of La Verne to administer the parking citations and to provide hearing
examination services. Through the legislation to decriminalize parking citations, the administrative process was placed
into the California Vehicle Code. The City, heretofore, has not adopted municipal code provisions relating to parking
citation administration. Therefore, to codify the City's administration of parking citations an ordinance has been
prepared.
RECOMMENDATION: It is recommended that the City Council approve for second reading and adoption by title only
and waive full reading of Ordinance 07 (1997) " An Ordinance of the City of Diamond Bar adding Chapter 10.50 of Title
10 of the Diamond Bar Municipal Code Relating to Parking Citation Processing Procedures."
LIST OF ATTACHMENTS: X Staff Report _
Public Hearing Notification
_ Resolution(s) _
Bid Specification (on file in City Clerk's
office)
X Ordinance(s) _
Other:
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
X Yes _
No
reviewed by the City Attorney?
2. Does the report require a majority vote?
X Yes _
No
3. Has environmental impact been assessed? N/A
_ Yes _
No
4. Has the report been reviewed by a Commission? N/A
_ Yes _
No
Which Commission?
5. Are other departments affected by the report?
_ Yes X
No
Report discussed with the following affected departments:
o an,aH, o.,. _
Terrence L. BelaW Frank M. Ush Kellee A. Fritzal
City Manager Deputy City Manager Assistant to the City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DIAMOND BAR ADDING
CHAPTER 10.50 OF TITLE 10 OF THE DIAMOND BAR
MUNICIPAL CODE RELATING TO PARKING CITATION
PROCESSING PROCEDURES.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 10.50 of Title 10 of the Diamond
Bar Municipal Code is hereby added to read:
Chapter 10.50
PARKING CITATION PROCESSING
10.50.00. Title.
This chapter shall be known as the parking citation
processing ordinance of the City of Diamond Bar.
10.50.01. Definitions.
Except where the context otherwise requires, the definitions
provided in this section shall govern the construction of this
chapter.
(a) Agency shall mean the "processing agency" as defined
below.
(b) City shall at all times refer to the City of Diamond
Bar.
(c) Contestant shall mean any "operator" or "registered
owner" as defined in this section who contests a
parking citation.
(d) Department shall mean the department of motor vehicles.
(e) Hearing examiner shall mean any qualified individual as
set forth in Vehicle Code Section 40215 appointed or
contracted by the city to adjudicate parking citation
contests administratively.
(f) Issuing agency shall mean the city or its authorized
agent that issues parking citations.
(g) Issuing officer shall mean a peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3
of the California Penal Code, or the successor statutes
thereto, or other issuing officer who is authorized to
issue a parking citation.
970922 10572-00001 afs 0962326.non 1
(h) operator shall mean any individual driving and/or in
possession of a vehicle at the time a citation is
issued or the registered owner.
(i) Parking citation shall mean a notice that is personally
given or mailed to the operator, or attached to the
operator's vehicle, informing the operator of a
parking, equipment and/or other vehicle violation and
the operator's right to elect to pay the fine for the
violation or contest the citation.
(j) Parking penalty includes, the fine authorized by law
for the particular violation, any late payment
penalties, administrative fees, assessments, costs of
collection as provided by law, and other related fees.
(k) Processing agency shall mean the city or its authorized
agent that processes parking citations and issues
notices of delinquent parking violations on behalf of
the city.
(1) Registered owner shall mean the individual or entity
whose name is recorded with the department of motor
vehicles as having ownership of a particular vehicle.
(m) Vehicle shall mean a vehicle as defined in the
California Vehicle Code.
(n) Violation shall mean any parking, equipment or other
vehicle violation as established pursuant to state law
or local ordinance.
10.50.02. Authority to contract with outside agencies.
The city may issue and/or process parking citations and
notices of delinquent parking violations, or it may enter into a
contract with a private parking citation processing agency, or
with another city, county, or other public issuing or processing
agency.
Any contract entered into pursuant to this section shall
provide for monthly distribution of amounts collected between the
parties, except amounts payable to the county pursuant to Chapter
12 (commencing with Section 76000) of Title 8 of the California
Government Code, or the successor statutes thereto, and amounts
payable to the department pursuant to California vehicle Code
Section 4763 or the successor statute thereto.
10.50.03. Authority to conduct administrative review process;
hearing officer; procedures.
The processing agency may review appeals or other objections
to a parking citation pursuant to the procedures set forth in
this section.
970922 10572-00001 afs 0962326.non 1 - 2 -
(a) For a period of twenty-one (21) calendar days from the
issuance of the parking citation, or fourteen (14)
calendar days from the mailing of the notice of
delinquent parking citation, an operator may request
initial review of the notice by the issuing agency.
The request for initial review may be made in writing,
by telephone or in person.
(b) The initial review by the processing agency shall
consist of those procedures as outlined in subsection
(1) of paragraph (a) of section 10.50.12.
(c) If the operator is dissatisfied with the results of the
initial review, the operator may contest the parking
citation or notice of delinquent parking violation
through an administrative hearing review process as
outlined in section 10.50.12.
In order to contest the parking citation, the operator
must deposit with the processing agency the full amount
of the parking penalty on or before the twenty-first
(21st) calendar day following the mailing to that
operator of the results of the processing agency's
initial review. At the same time, the operator must
provide a written explanation of the reason or reasons
for contesting the parking citation on a form provided
by the processing agency. If the operator is unable to
deposit the full amount of the parking penalty, the
operator must provide verifiable and substantial proof
of an inability to deposit the parking penalty. Upon
presentation of such proof, the processing agency shall
proceed with the contest procedure despite the
operator's failure to deposit the full amount of the
parking penalty. If it is ultimately determined that
the operator is not liable for the parking violation,
then the full amount of the parking penalty deposited
shall be refunded.
The contestant may contest the parking citation either
by written declaration, on forms provided by the
processing agency, or by personal appearance before a
hearing examiner.
(d) The processing agency shall provide, through an
administrative policy, a procedure for contesting
parking citations and notices of delinquent parking
violations.
10.50.04. Process by which parking citations must be issued.
Parking citations shall be issued in accordance with the
following procedures:
970922 10572-00001 afs 0962326.non 1 - 3 -
parking
he
(a) arking violation, the issuing
If a vehicle is unattended at the time that t the
citation is issued for a p including
officer shall securely attorthtthehviolation,
parking citation setting
reference to the section of the Californian ehicle
Code, the City's Municipal Code or other pking
the date; the approximate time of
regulation violated; a
the violation; the location of the violatiothat payment
statement printed on the notice indicating (21)
is required tofbome date adnot
l fethehsstwenty-one
an issuance of the
calendar days and the date by which the operator is
parking citation; penalty or contest the parking
to deposit the parking p The citation
citation pursuant to Section l0of the arking penalty and the
shall state the agent authorized to receive deposit of
address of thenagty•
the parking p
The parking citation shall also set lrationrth tdate, if
he le
license number and registration eXp digits of the
such date is readable; the last four (4 )
vehicle identification number, if that number is
he windshield; the color of the
readable through t
and, if possible,
the make of the vehicle.
vehicle;
r copy thereof, shall be
citation o
The parking the ordinary course of
considered a record kept in agency and the processing
business and shallissuing
rima facie evidence of the facts
agency,
contained therein. attit to
aching
(b) The parking citation shall be served by er or in
up
the vehicle either under the
onithehvehiclepso as to be
another conspicuous place upon e of the vehicle
easily observed by the person in charge
upon the return of that person.
citation is prepared and attached to
(c) Once the parking and (b) above,
the vehicle pursuant to subsections (a) parking
the issuing officer shall file notice of the
violation with the processing agency. without
(d) If during
issuance of the parking citation,
regard to whether the vehicle was initiallyattendedor
unattended, the vehicle is driven awayvehicle, the
attaching the parking citation to the the
issuing officer shall file the notiaeencyhshall mail,
processing agency. The processing g
within fifteen (15) calendar days of issuance of the
Of the parking citation to the
parking citation, a copy
registered owner.
(21) calendar days after the
(e) If within twenty-one d, the issuing agency or the
parking citation is issue
- 4 -
970922 10572-00001 afs 0962326.non 1
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information on the registration card for that vehicle the
processing agency shall, on written request of the operator,
cancel the notice of parking violation.
10.50.10. Affidavit of nonliability; leased or rented vehicle.
A registered owner shall be released from liability for a
parking citation if the registered owner files with the
processing agency an affidavit of nonliability in a form
satisfactory to the processing agency and such form is returned
within thirty (30) calendar days after the mailing of the notice
of delinquent parking violation together with proof of a written
lease or rental agreement between a bona fide rental or leasing
company and its customer which identifies the renter or lessee
and provides the operator's driver's license number, name and
address. The processing agency shall serve or mail to the renter
or lessee identified in the affidavit of nonliability a notice of
delinquent parking violation. The processing agency shall inform
the renter or lessee that he or she must pay the full amount of
the fine, or provide notice to the processing agency that he or
she intends to contest the parking citation pursuant to section
10.50.12 within twenty-one (21) calendar days from the date of
issuance of the parking citation or within fourteen calendar (14)
days after the mailing of the notice of delinquent parking
violation. If the processing agency does not receive payment of
the parking citation or does not receive notice of an intent to
contest said period, the processing agency may proceed against
the renter or lessee pursuant to section 10.50.13.
10.50.11. Affidavit of nonliability; sale.
A registered owner of a vehicle shall be released from
liability for a parking citation issued to that vehicle if the
registered owner served with a notice of delinquent parking
violation files with the processing agency, within thirty (30)
calendar days of receipt of the notice of delinquent parking
violation, an affidavit of nonliability together with proof that
the registered owner served with a notice of delinquent parking
violation has made a bona fide sale or transfer of the vehicle
and has delivered possession thereof to the purchaser prior to
the date of the alleged violation. The processing agency shall
obtain verification from the department that the former owner has
complied with the requirements necessary to release the former
owner from liability pursuant to California Vehicle Code Section
5602 or the successor statute thereto.
If the registered owner has complied with California Vehicle
Code Section 5602, or the successor statute thereto, the
processing agency shall cancel the notice of delinquent parking
violation with respect to the registered owner.
If the registered owner has not complied with the
requirements necessary to release the owner from liability
pursuant to California Vehicle Code Section 5602, or the
970922 10572-00001 afs 0962326.non 1 - 7
successor statute thereto, the processing agency shall inform the
registered owner that the citation must be paid in full or
contested pursuant to section 10.50.12. If the registered owner
does not comply, the processing agency shall proceed pursuant to
section 10.50.13.
10.50.12. Contesting parking citation; procedure.
(a) If an operator or registered owner contests a parking
citation or a notice of delinquent parking violation, the
processing agency shall do all of the following:
(1) First, either investigate with its own records and
staff or request that the issuing agency investigate
the circumstances of the citation with respect to the
contestant's written explanation of the reason or
reasons for contesting the parking citation.
If, based on the results of that investigation, the
processing agency is satisfied that the violation did
not occur, because the registered owner was not
responsible for the violation by virtue of having sold,
rented or leased the vehicle, or because legally
supportable or mitigating circumstances as set forth in
the city's administrative policy warrant a dismissal,
the processing agency shall cancel the parking
citation, and make an adequate record of the reason or
reasons for canceling the parking citation. The
processing agency shall mail the results of the
investigation by first class mail to the contestant
within ten (10) calendar days of the decision.
(2) If the contestant is not satisfied with the results of
the investigation provided for in subsection (1), the
contestant may, within twenty-one (21) calendar days of
the mailing of the results of the initial
investigation, deposit the amount of the parking
penalty or provide proof of an inability to deposit the
parking penalty, and request an administrative hearing.
An administrative hearing shall be held within ninety
(90) calendar days following the receipt of a request
for an administrative hearing, excluding time tolled
pursuant to Article 2 of Chapter 1 of Division 17 of
the vehicle Code. The operator requesting the
administrative hearing may request one continuance, not
to exceed twenty-one (21) calendar days.
(3) If the contestant prevails at the administrative
hearing, then the full amount of the parking penalty
deposited shall be refunded.
(b) The administrative review procedure shall consist of
the following:
970922 10572-00001 afs 0962326.non 1 — 8 —
(1) The contestant shall make a written request for
administrative hearing on a form and in a manner
satisfactory to the processing agency, and may
request to contest the parking citation either in
person or by written declaration.
(2) If the contestant is a minor, that person shall be
permitted to appear at a hearing or admit
responsibility for a parking citation without the
necessity of the appointment of a guardian. The
processing agency may proceed against the minor in
the same manner as if the minor were an adult.
(3) The administrative hearing shall be conducted
before a qualified hearing examiner as defined in
Vehicle Code Section 20215 and appointed or
contracted by the city to conduct the
administrative review.
(c) The issuing officer shall not be required to
participate in an administrative hearing. The issuing agency
shall not be required to produce any evidence other than the
parking citation or copy thereof, and information received from
the department identifying the registered owner of the vehicle.
This documentation in proper form shall be considered prima
facie evidence of the violation.
(d) The hearing examiner's final decision shall be in
writing and delivered personally to the contestant or the
contestant's agent, or delivered by first class mail within ten
(10) working days following the hearing.
(e) If the contestant is not the registered owner of the
vehicle, all notices to the contestant required under this
section shall also be given to the registered owner by first
class mail.
10.50.13. Collection of unpaid parking penalties.
Except as otherwise provided below, the processing agency
shall proceed under paragraph (a) or paragraph (b), but not both,
in order to collect an unpaid parking penalty:
(a) File an itemization of unpaid parking penalties and
other related fees with the department for collection
pursuant to the California Vehicle Code Section 4760 or
the successor statute thereto.
(b) If more than four hundred dollars ($400.00) in unpaid
parking penalties and other related fees have been
accrued by any one registered owner or the registered
owner's renter, lessee or sales transferee, proof
thereof may be filed with the court which has the same
970922 10572-00001 afs 0962326.non 1 9
effect as a civil judgment. Execution may be levied
and such other measures may be taken for the collection
of the judgment as are authorized for the collection of
unpaid civil judgments entered against a defendant in
an action against a debtor.
The processing agency shall send notice by first-class
mail to the registered owner or renter, lessee, or
sales transferee indicating that a civil judgment has
been filed and the date that the judgment shall become
effective. The notice shall also indicate the time:
that execution may be levied against that person's
assets, that liens may be placed against that person's
property, that the person's wages may be garnished, and
that other steps may be taken to satisfy the judgment.
The notice shall also state that the processing agency
will terminate the commencement of a civil judgment
proceeding if all parking penalties and other related
fees are paid prior to the date set for hearing. If
judgment is entered, then the city may file a writ of
execution or an abstract with the court clerk's office
identifying the means by which the civil judgment is to
be satisfied.
If a judgment is rendered for the processing agency,
that agency may contract with a collection agency.
The processing agency shall pay the established first
paper civil filing fee at the time an entry of civil
judgment is requested.
(c) If the registration of the vehicle has not been renewed
for (60) calendar days beyond the renewal date, and the
citation has not been collected by the department
pursuant to the California Vehicle Code Section 4760,
or the successor statute thereto, then the processing
agency may file proof of unpaid penalties and fees with
the court which has the same effect as a civil judgment
as provided above in subsection (b).
(d) The processing agency shall not file a civil judgment
with the court relating to a parking citation filed
with the department unless the processing agency has
determined that the registration of the vehicle has not
been renewed for sixty (60) calendar days beyond the
renewal date and the citation has not been collected by
the department pursuant to the California Vehicle Code
Section 4760 or the successor statute thereto.
10.50.14. Obligation of processing agency once parking penalty
paid.
(a) If the operator or registered owner served with notice
of delinquent parking violation, or any other person who presents
970922 10572-00001 afs 0962326.non 1 - 10 -
the parking citation or notice of delinquent parking violation,
deposits the penalty with the person authorized to receive it,
the processing agency shall do both of the following:
(1) Upon request, provide the operator, registered owner,
or the registered owner's agent with a copy of the
citation information presented in the notice of
delinquent parking violation. The processing agency
shall, in turn, obtain and record in its records the
name, address and driver's license number of the person
actually given the copy of the citation information.
(2) Determine whether the notice of delinquent parking
violation has been filed with department or a civil
judgment has been entered pursuant to section 10.50.13.
(b) If the processing agency receives full payment of all
parking penalties and other related fees and the processing
agency has neither filed a notice of delinquent parking violation
nor entered a civil judgment, then all proceedings for that
citation shall cease.
(c) If the notice of delinquent parking violation has been
filed with the department and has been returned by the department
pursuant to the provisions of the California Vehicle Code and
payment of the parking penalty has been made, along with any
other related fees, then the proceedings for that citation shall
cease.
(d) If the notice of delinquent parking violation has been
filed with the department and has not been returned by the
department, and payment of the parking penalty for, and any
applicable costs of, service in connection with debt collection
have been made, the processing agency shall do all of the
following:
(1) Deliver a certificate of payment to the operator, or
other person making payment;
(2) Within five (5) working days transmit payment
information to the department in the manner prescribed
by the department;
(3) Terminate proceedings on the notice of delinquent
parking violation;
(4) Deposit all parking penalties and other fees as
required by law.
10.50.15. Deposit of parking penalties with the city.
All parking penalties collected, including process service
fees and costs related to civil debt collection, shall be
deposited to the account of the processing agency, and then
970922 10572-00001 afs 0962326.non 1 - 11 -
remitted to the city, if the city is not also the processing
agency.
If the city is not the processing agency, then the city
shall enter into an agreement with the processing agency for
periodic transfer of parking citation receipts, along with a
report setting forth the number of cases processed and the sums
received.
10.50.16. Filing of annual reports.
The processing agency shall prepare an audited report at the
end of each fiscal year setting forth the number of cases
processed, and all sums received and distributed, together with
any other information that may be specified by the city or its
authorized issuing agency or the state controller. The report is
a public record and shall be delivered to the city and its
authorized issuing agency.
SECTION 2. Savings Clause. If any section,
subsection, part, paragraph, clause, sentence or phrase of this
Ordinance or the application thereof is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, the validity of the remaining portions of
the Ordinance, the application thereof shall not be affected, and
shall remain in full force and effect, it being the intention of
the City Council to adopt each and every section, subsection,
part, paragraph, clause sentence or phrase regardless or whether
any other section, subsection, part, paragraph, clause, sentence
or phrase or the application thereof is held to be invalid or
unconstitutional.
PASSED, APPROVED and ADOPTED this day of , 1997.
Mayor
ATTEST:
(SEAL)
City Clerk
970922 10572-00001 afs 0962326.non 1 - 12 -
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 1997, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the day of
, 1997, by the following vote:
AYES: COUNCILMEMBER-
NOES: COUNCILMEMBER -
ABSENT: COUNCILMEMBER -
ABSTAINED: COUNCILMEMBER -
LYNDA BURGESS, City Clerk
City of Diamond Bar
INTEROFFICE MEMORANDUM
CITY OF DIAMOND BAR
TO: Fellow Council Members
FROM: Mayor Bob Huff
SUBJECT: DISCUSSION OF CONFLICT OF INTEREST VIOLATION OF PLANNING
COMMISSIONER
DATE: November 4, 1997
DISCUSSION: Letters of concern about a conflict of interest by Planning
Commissioner Don Schad had been submitted to the Mayor. The contents of the letters
have questioned the ability of the Planning Commission to consider matters that come
before it due to the integrity and honesty that have arisen as a result of the conflict of
interest allegations.
RECOMMENDATION: It is recommended that the City Council discuss the matter of
the conflict of interest and take whatever action is deemed to be appropriate as a result
of said decision
nbw
Diamond Bar, Calif.
October 30. 1997
Mayor Robert Huff
21660 Copley Dr.
Diamond Bar, CA 91765
Dear Mayor Huff:
Recently it has come to my attention that Mr. Don Schad} Vice -Chairman of the Planning
Commission, is allegedly in a conflict of interest as it has been shown that his wife, Lee, is
on the payroll of a company with a project before the Planning Commission.
Mr. Schad has denied the charge but the evidence shows his denial to be untruthful.
This deeply concerns me as, Chairman of the Planning Commission and, therefore, I
strongly suggest that you as Mayor personally ask Mr. Schad to recuse himself from any
further deliberations of the Commission until the matter is settled.
If he refuses, I recommend you ask the City Council to discharge him from his duties. If
he is allowed to continue to serve, the integrity of the entire Commission is at risk and the
important work of the Planning Commission will be jeopardized.
Thank you for your attention to this serious matter.
Sincerely,
L�
C
Planning Commission
GCT -
/C � �, � d�-�. +; tom✓
r
Mayor Robert Huff
City of Diamond Bar
21664 Copley Drive
Diamond Bar, CA 91765
Dear Mr. Mayor;
Mike Goldenberg
1859 Morning Canyon Road
Diamond Bar, CA .91765
(909)861-7198
FAX (909) 396-0111
October 30, 1997
The Planning Commission is presently working on the most important document for Diamond Bar
since the General Plan, the Uniform Development Code. A process that has been going on since the
middle off 19%. Now a very serious situation has arisen that puts a cloud of impropriety over the
heads of all the Planning Commissioners. We must clear up this matter immediately so that the
Development Code process can be submitted to our City Council without the stigma of the
possibility of conflicts of interest among the seated Commissioners.
Commissioner Schad, has recently admitted that he or members of his family were on the payroll of
a land developer with a project before the Planning Commission. He has participated in the
discussions of this developer's project and voted on the decisions. The allegations were confirmed
by the developer in question during the Planning Commis:�jon meeting of October 27, 1997.This
Possibility of a conflict of interest has impugned the integrity of all the Planning Commissioners
and I feel that it would be in the best interests of otu community if Mr. Schad would step down
from the commission until the matter is settled by the FPPC or the District Attorney's office.
Until the matter is resolved, I do not feel that I would be serving the bests interests of our City if I
continued to attend the scheduled Planning Commission meetings. Our City has had enough
litigation over previous major documents and to allow the Uaiform Development Code process to
continue while there remains these serious allegations would be detrimental to our residents.
Mr. Harmony, a$ Commissioner Schad is his appointee, has an obligation and a duty to the City of
Diamond Bar, to we that Commissioner Schad step down from the position he has recommended
him for.
Yours
Mike Goldenberg
O
October 30, 1997
Mayor Bob Hui' ;
City of Diamond Bar =^'
Diamond Bar, ca 91765 5
Dear Mayor Huff;
At our last Planning Commission meetlag, it was coanned by W. Kurt Nelson that
CIrs- Lee Scbad, the wife of Planning Commissioner Don Schad, was `on the payroll" of
J.C.0 Development Company.
As you !know, Commissioner Scbad had publicly, categorically denied this fact in a
previous Planning Commission meeting.
Given these facts, it is clear that Mr. Schad has obviously lied to the public regardiug
!raving taken these "kick -backs Further, it is a fact that Mr. Schad has demonstrated a
clear conflict of interest in participating in past discussions before the Piaruting Commssiou
regarding this developers,s proposed project in Tonaer Canyon. I feel the rutati
the entire Planning Colnnlission has been compromised epon of
I regret to inform you that I cannot, in good conscience, continue to risk comptoruising
the City of Diamond Bar and my good name by attending any f ulher Planning
Commission meetings until such time as Mr Schad has been removed from his position on
the commission and the commission's integrity has been restored
If you have any questions rcgardiug this matter, please don't hesitate to give me a call
Sincerely,
Jo I McManus
P omwissioner
City of Dian wad Bar.
°d
1►FAE1`01 E N..
Date Received
STATEMENT OF ECONOMIC INTERESTS
A Public Document
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O Elected ficial
O Appointe,l official (tnrhda Indrldua nary twaap
❑ Annual
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O The penod covered is /_J through
December 31, 1998.
❑ Leaving Office Date Left: _/_!
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0 The period covered is January 1, 1996 through
the date of leaving office.
0 The period covered is _J_1 through
the date of leaving office.
I�ZI Candidate
4. Schedule Summary
(Check one box for each schedule)
During the reporting period, did you have any
reportable interests to disclose on:
Schedule A-1 G�<O ❑ Yes -attach schedule
Investments am eras fon ownwmip)
Schedule A-2 ❑ No (�es-attach schedule
Investments (arrear man fon owmr mp)
Schedule 8 Yes -attach schedule
Real Property
Schedule C ❑ No Yes -attach schedule
Income 8 Business Plosl0lons (moome oew man Lows, Grits and rrarw)
Schedule D a4o
Income — Loans
Schedule E
Income — Gifts
Schedule F ER -AO
Income — Travel Payments
❑ Yes -attach schedule
❑ Yes, attach schedule
❑ Yes -attach schedule
> The number of pages attached:
❑ None (no reportable interests) Number of pages
S. Verification
I have used all reasonable diligence in preparing this
statement. I have reviewed the statement and to the best
of my knowledge the information contained herein and
in the attached schedules is true and complete. I certify
under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on _ /0 19
(month, da ) ,( (year)
SIGNATURE
PRINT NAME
CITY, COUNTY, COURT
OR AGENCY
PERIOD COVERED _J_J _ —Jed
FPPC Form 700 Amendment (1996/97)
For Technical Assistance: 916/322-5660
Date Recetved Schedule C
> NAME
Oq_ 1,
AD ESS
c
BUSINESS CTIVITY,
BUSINESS POSIT
GROSS INCOME REC
❑ $250 - $1.000
Income & Business Positions
IF ANY, OF SOURCE
IF APPLICABLE
$1,0plk- $10,000
(Income Other Than Loans, Gifts and
Travel Payments)
> E
-�-- ADDR
r 4s
BUSINESS
Fliers Only) BUSINESS POSn
❑ Over s10,000
CONSIDERATION FOR ICH INCOME S RECEIVED
❑ Salary use's income ❑ Loan repayment
❑ Sale of
1AMWw'. oati boar, arc
❑ Commission ❑ Rental Inooms, liar eadr *our" or $10.000 or mon
❑ Other
> NAME
(Atoohih DQQ 4SS96
ADDRESS 3 T'i= Seo
BUSINESS ACTIVITY, IF ANY, OF SOUR E 9� Soli
De�e4-.? %=—a,
BUSINESS POSITION, IF APPLICABLE (Code Fliers Only)
1 12 0
GROSS INCOME RECEIVED
[:1S250 - $1,000 $1,001 - $10.000 ❑ Over $10,000
CONSIDERATION FOR wHIC INCOME WAS RECEIVED
❑ Salary 13's Income ❑ Loan repayment
❑ Sale of
(Prapargt car, boat alis)
❑ Commission or ❑ Rereal thoome, W a,M aoww er $10.000 ,mon
❑ Other
Comments:
CALIFORNIA 700t1996197 FORM
FAIR POLITICAL PRACTICES COMM
AMENDMENT
IF ANY, OF
L—
C?/ -7 (.:r
Filers Only) 560, �: 7
GROSS INCOME RECEIVED, 9d S D
0 $250 • $1,000 001 $10.000 0 Over $10.000
CONSIDERATION F94 WHICH INCOME AS RECEIVED
❑ Sala/ftlo�n
[i�Sp use's Incom ❑Loan repayment
❑ Sale
fProParN. car, boar c.l
❑
corn'❑ Rental income, liar each Source of $10.000 or mon
❑ Other
I have used all reasonable diligence in preparing this
statement. I have reviewed the statement and to the best
of my knowledge the information contained herein and
in the attached schedules is true and complete. I certify
under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on -/0
(month, day) 19 (y�—,
SIGNATURE ,
PRINT NAME'DoAIA-1.7 �ffl�r7
CITY, COUNTY, COURT
OR AGENCY
PERIOD COVERED I / I f, '71-' _ � a I i� 57L
FPPC Form 700 Amendment (1996/97) Sch. C
For Technical Assistance: 916/322.5660
STATEMENT OF ECONOMIC INTERESTS-
A Public Doc'z )zest
°lease type or print ;n .nk
0107IME TELEPHONE ';UMSEP
ET CITY ZIP CODE
1 yl. fice, A nc � )I Court
i� I aor. Ho iI
pJ)3 acn
'st c t soplicable:
>
I; the po 31 cove ed oy a conflict of interest code?
s , Yes N
7 -
> I filing an - , ancec statement list agency/position:
. halt a ;ao.r ger ^e 9153ry
2. Off ee Jurisdiction Check one)
`lite I„_ ,rty of
of _ZLz'k P1 anf i -z. -64 r2
MI Iti-County _
3. Type of Statement rcheck at (east one box)
Assuming Cffice/Initiat Data:
-C'eck one)
0 Elected Official
0 Appointed Official ndu0es ,ndNAuaq nerNy mmol
Annual
!Check one)
O The period covered is January 1, 1996 through
December 31, 1996.
0 The period covered is —J_J through
December 31, 1996.
❑ Leaving Office Date Left: _J_J
Check one)
0 The period covered is January 1, 1996 through
the date of leaving office.
0 The period covered is —1_J through
the date of leaving office.
ACandidate
4. Schedule Summary
(Check one box for each schedule)
During the reporting period, did you have any
reportable interests tai disclose on:
Schedule A-1
CR"o ❑ Yes -attach schedule
Investments !less
Aran to% Owrreramo)
Schedule A-2
❑ No R-Yres-attach schedule
Investments (Gnat« Man ro% Ownersh,e)
Schedule B
(No ❑Yes -attach schedule
Rea/ Property
Schedule C
No 4es-attach schedule
Income B Business Positions (moan. OMer Man Loans, G,hs anC %aver
Schedule D
LP40 ❑ Yes -attach schedule
Income - Loans
Schedule E [, 1NO ❑ Yes -attach schedule
Income - Gdts
Schedule F 71'_Ko r, Yes -attach schedule
Income - Travel Payments
The number of pages attached:
L:
None rno reoonable mnr.,ra) Number of pages
S. Verification
I have used all reasonable diligence in preparing this
statement. I have reviewed the statement and to the best
of my knowledge the information contained herein and
In the attached. schedules is true and complete. I certify
under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on 7 19 T1
(month, day) 'year)
SIGNATURE Lr-.� V0
FPPC Form 700 (1996/97)
For Technical Assistance: 9161322.5660
--:tC7e'. e ri-
investments
Stocks, Bonds and Other Interests
(Ownership Interest Is Less Than 100a)
> NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF BUSINESS ACTIVITY
FAIR MARKET VALUE
❑ $1.000 - $10,000
Q
$10.001 • $100.000
❑ Over $100.000 -
NATURE OF INVESTMENT
❑ Stock
❑ Other
IF APPLICABLE. LIST DATE:
96 _—J_J 96
ACQUIRED DISPOSED
> NAME OF BUSINESS ENTITY
GENERAL OESCRIPTION OF BUSINESS ACTIVITY
FAIR MARKET VALUE
❑ $1.000 • $10.000
$10.001 • S 100.000
Over $100.000
NATURE OF INVESTMENT
❑ stock
,_; Other
IF APPLICABLE, LIST DATE:
96 —J_J_96
ACQUIRED DISPOSED
Al NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF BUSINESS ACTIVITY
FAIR MARKET VALUE
❑ S1,000 - S10.000
Q S 10 001 - S 100.000
❑ Over $100.000
NATURE OF INVESTMENT
Q Stock
Q Other
IF APPLICABLE, LIST DATE:
96 96
ACQUIRED DISPOSED
Comments:
rAMM UP roU51NE55 ENTITY
GENERAL DESCRIPTION OF BUSINESS ACTIVITY
FAIR MARKET VALUE
j $1,000 - $10.000
❑
S10-001 - $100,000
❑
over $100,000
NATURE OF INVESTMENT
❑ stock
Q Other
IF APPLICABLE, LIST DATE:
—/---/ 96 —/ 96
ACQUIRED DISPOSED
NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF BUSINESS ACTIVITY
FAIR MARKET VALUE
❑ $1.000 - $10,000
$10.001 - $100,000
Over $100.000
NATURE OF INVESTMENT
❑ Stock
❑ Other
IF APPLICABLE, LIST DATE:
—J_ / 96 —1 _J 96
ACQUIRED DISPOSED
11, NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF BUSINESS ACTIVITY
FAIR MARKET VALUE
❑ sl.000 - $10,000
❑ S10.001 - $100.000
Over $100,000
NATURE OF INVESTMENT
Q Stock
❑ Other
IF APPLICABLE, LIST DATE:
—1— / 96 —1—� 96
ACQUIRED DISPOSED
FPPC Form 700 (1996/97) Sch. A
FOrUchnical Assistance: 916/322.5660
F
N
❑ Other
81SINESS ENTIITY OR TRUST
LEE_ 1T t -
Name,
_1-I$► arER�
Address
Cnselr one, ❑ rrux. go ro 2 L✓B sme,ss Enhrq. eamore,ra rhe, LION. rhe,n go ro 2
iGENERAL DESCRIPTIQN OF BUSINESS ACTIVITY
FAIR MARKET VALUE IF APPLICABLE, LIST DATE:
CR 1,000 - $10,000
❑ $10,001 - S100.000 _I� 96 �_/ 96
❑ Over $100,000 ACQUIRED DISPOSED
NATURE OF INVESTMENT
❑ Sole Proprietorship ❑ Partnership tJ
BUSINESS POSITION (if applicable)
s •e e
•a
❑ $250 - $1.000 � 1.001 - $10.000 ❑ OVER $10,000
f e, -
r rtr
OR e,•
t--- 4INVESTMENTS s
_L F3y
THE BUSINESS ENTITY 0H �Hll':;
Check one circle:
O REAL PROPERTY
Street address or oreciset socatton
City
O INVESTMENT
Name, of Buamess Entry
Oescnption of Busmen Actrvay
AIR MARKET VALUE IF APPLICABLE. LIST DATE:
❑ $1.000 - 510.000
❑ S10.001 - $100,000 _lI �_l 96
Over S100.000 ACQUIRED DISPOSED
ATURE OF INTEREST
❑ Property Ownership ❑ Deed of Trust ❑ Stock ❑ Partnership
F-
71
�C"feC-e
Investments, Income and Assets
of
Business Entities/Trusts
(Ownership Interest is 109% or Greater)
Leasehold
Yrs. remaining
REAL PROPERTY
Name
,far 6 C. S�s�.arr
jir+.r socress or arse,,* ideation
Cay
Q INVESTMENT
Name, of Busmess Entry
oe,aorIOnon of BosOess Acnvrty
FAIR MARKET VALUE IF APPLICABLE, LIST DATE
❑ $1,000 - S10,000
❑ S10,001 - 5100.000 —1__( —J_ 96
❑ Over $100,000 ACQUIRED DISPOSED
NATURE OF INTEREST
LJ Property Ownership ❑ Deed of Trust U Stock ❑ Partnership
❑ Leasehold
Yrs. rernanmg
❑ other
O REAL PROPERTY
treat address or precise iocahon
coy
o INVESTMENT
Name of BYsMese, fEnidy
Oe,scnptun of Business Acttvny
FAIR MARKEr VALUE IF APPLICABLE, LIST DATE
❑ 51,000 - $10,000
❑ S1o.001 - $100,000 6 _�—� 96
❑ Over $100,000 ACQUIRED DISPOSED
NATURE OF INTEREST
❑ Property Ownership ❑ Deed of Trust ❑ Stock ❑ Partnersn p
❑ Leasehold
Yrs. remaining
❑ Other
Comments:
FPPC Form 700 (1996/97) Sch. A-2
For Technical Assistance: 916/322.5660
Schedule A-2
(Continuation Sheet
for Part 4)
— Continuation —
Investments, Income and Assets
of
Business Entities/Trusts
(Ownership Interest is 10% or Greater)
NAME OF BUSINESS ENTITY OR TRUST (From Previous Page)
10'4- (cont.) Check one ciro/e:
O REAL PROPERTY
Street address or precise location
City
Q INVESTMENT
Name of Business Entity
Description of Business Activity
FAIR MARKET VALUE IF APPLICABLE, LIST DATE:
❑ $1,000 - $10.000
❑ :10.001. - $100.000
❑ Over $100.000 ACQUIRED DISPOSED
NATURE OF INVESTMENT
] Property Ownership C] Deed of Trust C Stock
❑ Leasehold
Yrs. remaining
[' Other
❑ Partnership
> 4. (cant.) Check one circle:
O REAL PROPERTY
Street address or precise location
City
Q INVESTMENT
Name of Business Entity
Description of Susiness Activity
FAIR MARKET VALUE IF APPLICABLE. LIST DATE:
] $1,000 - $10.000
❑ $10.001 - $100.000 �/ 98
_ J_� 96
❑ Over s100,0o0 ACQUIRED
DISPOSED
NATURE OF INVESTMENT
Property Ownership C1 Oesd of Trust [] Stock
[3 Partnership
❑ Leasehold
Yrs. remaining
❑ Other
Comments:
> 4. (cant.) Check one circle:
o REAL PROPERTY
Street address or precise location
City
o INVESTMENT
Name of Business Entity
Description of Business Activity
FAIR MARKET VALUE
❑ $1.000 - $10,000
❑ $10.0ol -:100,000
❑ Over $100,000
IF APPLICABLE. LIST DATE.
96 96
ACQUIRED DISPOSED
NATURE OF INVESTMENT
❑ Property Ownership C1 Desd of Trust ] Stock Parcersr o
❑ Leasehold
Yrs. remaining
❑ Other
> 4. (cont.) Check one circle:
o REAL PROPERTY
Street address or precise location
City
Q INVESTMENT
Name of Business Entity
Description of Business Activity
FAIR MARKET VALUE IF APPLICABLE. LIST DATE.
❑ $1.000 - $10.0oo
Cl 310.001 - sloo.000 96
C] Over $100,000 ACQUIRED DISPOSED
NATURE OF INVESTMENT
Property Ownership C] Dead of Trust ❑ Stock ] Partnership
C3 Leasehold
Yrs. remaining
a other
FPPC Form 700 (1996197) Sch. A-2 (Continuation Sheet)
For Technical Assistance: 916/322-S66
Scheduie B
311 STREET ADDRESS OR PRECISE LOCATION
CITY
FAIR MARKET VALUE
❑
$1.000 - $10.000
❑
310.001 - slooAoo
❑
Over $100,000
NATURE OF INTEREST
❑
Rental Property
❑
Ownership
❑
Leasehold
Interests in Real Property
IF APPLICABLE. LIST DATE:
ACQUIRED DISPOSED
❑ Easement
❑ Deed of Trust Held by You
❑ 0th«
IF RENTAL PROPERTY, GROSS INCOME RECEIVED
❑ $250 - $1.000 ❑ $t,001 . $10,000 ❑ over $10,000
SOURCES OF RENTAL INCOME: if you own a lox or prat« ingrNr.
list •MCA'eporrawe sours• of lenral income of $10,000 or more
NAME OF LENDER
ADDRESS
BUSINESS ACTIVITY OF LENDER
❑ Financial Institution
❑ Other
INTEREST RATE
e ❑ None
HIGHEST BALANCE DURING REPORTING PERIOD
❑ $250 - $1.000 ❑ $1,001 - $10,000 ❑ Over 310.000
❑ Guarantor, if applicable
Check below if another loan is disclosed on Schedule 0
❑ Additional loan - refer to Sch. D.
Comments:
JW STREET ADDRESS OR PRECISE LOCATION
CITY
FAIR MARKET VALUE
IF APPLICABLE. LIST DATE:
Cl
$1,000 - 310,000
❑
$10.001 • 3/00,000
—J—lam —J_�l 9fi
❑
Over $100,000
ACQUIRED OISPOSED
NATURE OF INTEREST
❑
Rental Property
❑ Easement
❑
❑
Ownership
Leasehold
C] Dead of Trust Held oy You
❑
Yrs. remaining Om•,
IF RENTAL PROPERTY, GROSS INCOME RECEIVED
❑ $250 - $1.000 ❑ $1,0ot - $10.000 ❑ Over $10.000
SOURCES OF RENTAL INCOME:
Ls1 NCA f"otraOle source or rlrlrel income or $10.000 or more
NAME OF LENDER
ADDRESS
BUSINESS ACTIVITY OF LENDER
❑ Financial Institution
❑ Other
INTEREST RATE
% ❑ None
HIGHEST BALANCE DURING REPORTING PERIOD
❑ $2So - $1.000 ❑ st.00l - s,o,000 ❑ Over $10.000
C Guarantor, if applicable
Check below if another loan is disclosed on Schedule D.
❑ Additional ban - refer to Sch. D.
FPPC Form 700 (1996/97) Sch. 8
For Technical Assistance: 916/322.5660
Eicrecule C
Income & Business Positions
(Income Other Than Loans, Gifts and
Travel Payments)
► NAME
_Poly _I,EE �n
ADDRESS
_4.S -t �DS Oak em17 4 �/-
80SINESS ACTIVITY, IF ANY, OF SOURCE
BUSINESS POSITION, IF APPLICABLE (Code Filers Only)
GROSS INCOME RECEIVED
❑ $250 - $1,000 001 - $10.000 ❑ Over $10,000
CONSIDERATION FOR WHI INCOME WAS RECEIVED
❑ Salary LIS Spouse's income ❑ Loan repayment
❑ Sals of
ProporN ow bow. No.)
❑ Commission or ❑ Rental Income, list sacra source of $10.000 or mon
❑ Other
NAME
ADDRESS
BUSINESS ACTIVITY, IF ANY, OF SOURCE
BUSINESS POSITION, IF APPLICABLE (Code Filers Only)
GROSS INCOME RECEIVED
❑ $250 - $1,000 El $1.001 - $10.000 ❑ Over $10,000
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
❑ Salary ❑ Spouse's income ❑ Loan repayment
�j Sale of
(Proper/% ear, boat. etc.)
❑ Commission or ❑ Retim Income, list sem scums of .f 10.000 or more
Other
Comments:
Name
NAME
ADDRESS
BUSINESS ACTIVITY, IF ANY, OF SOURCE
BUSINESS POSITION, IF APPLICABLE (Code Filen Only)
GROSS INCOME RECEIVED
❑ $250 - =1,000 ❑ $1,001 .$10.000 Qover $10.000
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
❑ Salary ❑ Spouse's income ❑ Loan repayment
❑ Sale of
(PmoerrK carboat, erc.)
❑ Commission or ❑ Rental Income, list eedf source of $10.000 or more
C: Other
> NAME
ADDRESS
BUSINESS ACTIVITY, IF ANY, OF SOURCE
BUSINESS POSITION, IF APPLICABLE (Code Filers Only)
GROSS INCOME RECEIVED
❑ $250 - $1.000 ❑ $1,001 - $10,000 C Over $10.000
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
Salary ❑ Spouse's income Loan repayment
❑ Sale of
(Pmwfx car. ooat. erc.)
❑ Commission or ❑ Rental Income, nst "on source or $10.0oa pr more
n Other
FPPC Form 700 (1996/97) Sch. C
For Technical Assistance; 9161322.5660
Schedule D
Income — Loans
(Received or Outstanding)
NAME OF LENDER
ADDRESS
BUSINESS ACTIVITY OF LENDER
❑ Financial Inatltutlon
❑ other
INTEREST RATE
% ❑ None
HIGHEST BALANCE DURING REPORTING PERIOD
❑ s250 - $1.000 ❑ $1,001 - s,o,000 ❑ over $10,000
SECURITY FOR LOAN
❑ None ❑ Automobile ❑ Personal residence
[� Real Property
treat • as
city
❑ Guarantor
❑ Other _
> NAME OF LENDER
ADDRESS
BUSINESS ACTIVITY OF LENDER
❑ Financial Institution
❑ Other
INTEREST RATE
% Nom
HIGHEST BALANCE DURING REPORTING PERIOD
❑ s250 - $1.000 Cl 31.001 - $10.000 p over $10,000
SECURITY FOR LOAN
❑ None ❑ Automobile ❑ Panwnal residence
❑ Real Properly
Strew address
City
❑ Guarantor
❑ Other _
Commontl:
> NAME OF LENDER
ADDRESS
BUSINESS ACTIVITY OF LENDER
❑ Financial Instlhrtlon
Cl Dow
INTEREST RATE
% Nom
HIGHEST BALANCE DURING REPORTING PERIOD
❑ $250 - $1,000 ❑ $1,001 - $10,000 ❑ Over $10.000
SECURITY FOR LOAN
❑ None ❑ Automobile ❑ Personal residence
❑ Real Property
neer Address
City
❑ Guarantor
❑ Other _
> NAME OF LENDER
ADDRESS
BUSINESS ACTIVITY OF LENDER
❑ Financial Institution
❑ Other
INTEREST RATE
% ❑ None
HIGHEST BALANCE DURING REPORTING PERIOD
7,S250 - 51,000 ❑ $1,001 - S10,000 ❑ Over $10,000
SECURITY FOR LOAN
❑ None ❑ Automobile ❑ Personal resicence
❑ Real Property street address
❑ Guarantor
❑ Other —
Ciry
FPPC Form 700 (1996197) Sch. 0
For Technical Assistance: 916/322-5660
Schedule E
> NAME OF SOURCE
AOORESS
BUSINESS ACTIVITY. IF ANY, OF SOURCE
DESCRIPTION OF GIFT(S) VALUE DATE
> NAME OF SOURCE
ADDRESS
BUSINESS ACTIVITY, IF ANY, OF SOURCE
oescmPTIOMOF GIFT(S) VALUE DATE
S-
'10
> NAME OF SOURCE
ADDRESS
BUSINESS ACTIVITY, IF ANY, OF SOURCE
DESCRIPTION OF GIFT(S)
Comments:
VALUE DATE
f
Income
Gifts
> NAME OF SOURCE
ADDRESS
BUSINESS ACTIVITY, IF ANY, OF SOURCE
DESCRIPTION OF GIFT(S) VALUE DATE
A- NAME OF SOURCE
ADDRESS
BUSINESS ACTIVITY, IF ANY, OF SOURCE
UE5CRIPTION OF GIFT(S)
> NAME OF SOURCE
ADDRESS
VALUE DATE
S _J_;—
BUSINESS ACTIVITY, IF ANY, OF SOURCE
DESCRIPTION OF GIFT(S)
VALUE DATE
f —1-1—
FPPC Form 700 (1996/97) Sch. E
For Technical Assistance: 916/322-5660
Schedule F
Income - Gifts
Travel Payments, Advances, and
Reimbursements
> NAME OF SOURCE
ADDRESS
CITY AND STATE
BUSINESS ACTIVITY, IF ANY, OF SOURCE
TYPE OF PAYMENT: (chef* ons)
O Gift Q Income
AMT: t DATE(S):
(II aftVallow)
DESCRIPTION:
> NAME OF SOURCE
ADDRESS
CITY AND STATE
BUSINESS ACTIVITY, IF ANY, OF SOURCE
TYPE OF PAYMENT: (*neck ons)
(D Gift Q Income
AMT: s DATE(S):
(/f 400MCB w)
DESCRIPTION:
)" NAME OF SOURCE
ADDRESS
CITY AND STATE
BUSINESS ACTIVITY, IF ANY, OF SOURCE
TYPE OF PAYMENT: (chop* ons)
O Gift Q Income
AMT: S WEIS):
(*f AAWAVeenl
DESCRIPTION:
> NAME OF SOURCE
ADDRESS
CITY AND STATE
BUSINESS ACTIVITY. IF ANY, OF SOURCE
TYPE OF PAYMENT: (check ons)
O Gift Q Income
'VST. = DATE(S):
(I* aDGIkiDN1
DESCRIPTION:
)w NAME OF SOURCE
ADDRESS
CITY AND STATE
BUSINESS ACTIVITY, IF ANY, OF SOURCE
TYPE OF PAYMENT: (cheat one)
Q Gift O Income
AMT' s DATE(S):
(It aoallucal
DESCRIPTION:
> NAME OF SOURCE
ADDRESS
CITY AND STATE
BUSINESS ACTIVITY. IF ANY, OF SOURCE
TYPE OF PAYMENT: (chock ons)
Q Gilt Q Income
AMT: = DATE(S):
(II aDOlieI0N1
DESCRIPTION:
Comments:
FPPC Form 700 (1996197) Sch. F
For Technical Asalntance: 9161322.5660
An agency's conflict of interest code must
designate ail officals and employees of, and
consultants to, the agency who make or
participate in making governmental decisions
which could cause conflicts of interest. These
individuals are required by the code to file
statements of economic interests and to
disqualify themselves when conflicts of interest
occur.
The disclosure required under a conflict of
interest code for a particular designated official or
employee should include only the kinds of
personal economic interests he or she could
significantly affect through the exercise of his or
her official duties. For example, an employee
whose duties are limited to reviewing contracts
for supplies, equipment, materials or services
provided to the agency should be required to
report only those interests he or she holds which
are likely to be affected by the agencys contracts
for supplies, equipment, materials or services.
Consultant: Individuals who contract with or
whose employers contract with state or local
government agencies and who make or
participate in making governmental decisions
may be required to file Form 700. The obligation
to file Form 700 is always imposed on the
individual who is providing services to the agency,
not on the business or firm which employs the
individual.
Designated Employee: An official or employee
of a state or local government agency whose
position has been designated in the agency's
conflict of interest code to file statements of
economic interests. Individuals who contract with
government agencies (consultants) may also be
designated in a conflict of interest code.
Disclosure Category: The section of an
agency's conflict of interest code that specifies
the types of personal economic interests officials
and employees of the agency must disclose on
their statements of economic interests.
Disclosure categories are usually contained in an
appendix or attachment to the conflict of interest
code. Contact your agency to get a copy of your
disclosure category.
Elected State Officer: Elected state officers
include the Governor, Lieutenant Governor,
Attorney General, Insurance Commissioner,
State Controller, Secretary of State, State
Treasurer, Superintendent of Public Instruct on,
member of the State Legislature, and member of
the State Board of Equalization.
Enforcement: The FPPC investigates suspected
violations of the Act. Other law enforcement
agencies (the Attorney General or district
attorney) may also initiate investigations under
certain circumstances. If violations are found, the
Commission may initiate administrative.
enforcement proceedings which could result in
the imposition of monetary penalties of up to
$2,000 per violation.
Instead of administrative prosecution, a civil
action may be brought for negligent or intentional
violations by the appropriate civil prosecutor (the
Commission, Attomey General or district
attorney). In civil actions, the measure of
damages for most violations is the amount or
value not properly reported.
Persons who violate the conflict of interest
disclosure provisions of the Act can also be
subject to discipline by their agency, including
dism issal.
Finally, a knowing or willful violation of any
provision of the Act is a misdemeanor. Persons
convicted of a misdemeanor may be disqualified
for four years from the date of the conviction from
serving as a lobbyist or running for elective office,
in addition to other penalties which may be
imposed. The Act also provides for numerous
civil penalties, including monetary penalties and
damages, and injunctive relief from the courts.
Expanded Statement: Some officials or
employees may have multiple filing obligations
(e.g., a city councifperson who also holds a
designated position with a county agency, board or
commission). Such officials or employees may
complete one "expanded" statement covering the
disclosure requirements for all positions and file an
originally signed copy with each agency.
Fair Market Value: When reporting the value of
an investment, interest in real property, or gift,
you must disclose the fair market value, i.e., what
FPPC Form 700 (1996/97)
For Teehnleal AsaisUince: 91W322.5660
Appendix -2
When you are required to -eport sources of
income to a business entity, sources of rental
ncome, or sources of commission income, you
are only required to disclose individual sources of
income of $10,000 or more. However, you may
be required to disqualify yourself from decisions
affecting sources of $250 or more in income,
even though you are not required to report it.
Jurisdiction: A public official or employee
required to file statements of economic, interests
must disclose interests which are located in or
doing business in his or her "jurisdiction." (See
page 5 of the instructions to determine what your
jurisdiction is.)
A business entity is located in or doing business
in your jurisdiction if it, a parent or subsidiary, or a
related business entity:
• Manufactures, distributes, sells or purchases
products or services on a regular basis in the
jurisdiction;
• Plans to do business in the jurisdiction;
• Has done business in the jurisdiction within
the previous two years;
• Has an interest in real property in the
jurisdiction; or
• Has an office in the jurisdiction.
The same criteria are used to determine whether
an individual, organization or other entity is
located in or doing business in your jurisdiction.
Exception:
• Gifts are reportable regardless of the location
of the donor. For example, a state agency
official with full disclosure must report gifts
from sources located outside of California.
For reporting interests in real property, I your
jurisdiction is the state, you must disclose real
property located anywhere within the state of
California.
For local agencies, an interest in real property is
located in your jurisdiction if any part of the
property is located in, or within two miles of, the
region, city, county, district or other geographical
area in which the agency has jurisdiction, or if the
property is located within two miles of any land
owned or used by the agency.
Leasehold Interest: The term 'interest n eal
,-rcpeV' includes leasehold interests. An
interest in a lease on real property is reportable if
the value of the leasehold interest is $1,000 or
more. The value of the interest is the total
amount of rent owed by you during the reporting
period, or on a candidate, assuming office or
initial statement, during the prior 12 months.
You are not required to disclose a leasehold
interest with a value of less than 51,000 or a
month-to-month tenancy.
Privileged Information: You are not required to
disclose on Schedule A-2, Part 3 the name of a,
person who paid fees or made payments to a
business entity if disclosure of the name would
violate a legally recognized privilege under
Califomia law. For example, a name is protected
by attomey-client privilege when facts concerning
an attorney's representation of an anonymous
client are publicly known and those facts, when
coupled with disclosure of the client's identity,
might expose the client to an official investigation
or to civil or criminal liability.
A patient's name is protected by physician -patient
privilege when disclosure of the patient's name
would also reveal the nature of the treatment
received by the patient because, for example, the
physician is recognized as a specialist.
FPPC Regulation 18740 sets out specific
procedures that must be followed in order to
withhold the name of a source of income.
Public Officials Who Manage Public
Investments: Individuals who invest public
funds in revenue-producing programs must file
Form 700. This includes individuals who direct or
approve investment transactions, formulate or
approve investment policies and establish
guidelines for asset allocations. FPPC
Regulation 18720 defines "public officials who
manage public investments" to include the
following:
• Members of boards and commissions,
including pension and retirement boards or
commissions, and committees thereof, who
exercise responsibility for the management of
public investments;
FPPC Form 700 (1996197)
For Technical Assistance: 916/322-5660
Appendix -4
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JULY 22, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 6:05 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Commissioner Fong.
ROLL CALL:
Present:
Also Present:
Chairman Ruzicka, Vice Chairman Schad,
Commissioners Fong, Goldenberg and McManus
Deputy City Manager James DeStefano, Senior
Planner Catherine. Johnson,_ and Associate
Planner Ann Lungu.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of July 8, 1997.
VC/Schad made a motion, seconded by C/McManus to approve the
minutes of July 8, 1997 as submitted. The motion was approved
4-0-1 with C/Fong abstaining.
OLD BUSINESS:
1. Parks Master Plan Update.
DCM/DeStefano stated the Parks Master Plan is scheduled
for review and possible approval at the July 24, 1997
Parks and Recreation Commission meeting. If the Plan is
approved, it will be reviewed by the City Council on
August 5, 1997. If the City Council approves the Plan,
the Planning Commission will be asked, on or about August
19, 1997, to find that the Plan conforms with the City's
General Plan. The document will then be returned to the
City Council for final approval in September, 1997.
NEW BUSINESS - None
PUBLIC HEARING:
1. Draft Development Code (Zoning Code Amendment ZCA 97-1)
Article I: Purpose and Applicability of Development
Code
Article VI: Development Code Administration
Article VII: Definitions
JULY 22, 1997 PAGE 2 PLANNING COMMISSION
SP/Johnson presented staff's report. Staff recommends
that the Planning Commission review Articles I, VI and
VII of the Development Code and make an informal
recommendation. A formal recommendation will be made at
the conclusion of the review process.
Ron Pflugrath, AICP, Urban Design Studio, presented an
overview of the Development Code process.
Paul Crawford, AICP, Crawford Multari & Starr, presented
Article I of the Development Code.
VC/Schad asked if Section 22.01.030 applies to remodels
and room additions.
Mr. Crawford responded that Section 22.01.030, Page I-4,
is a general statement that describes what authority,
under California law, the City is using to prepare and
adopt this document. This section does not operate on
individual pieces of property or projects.
Chair/Ruzicka asked if the title Community Development
Director will remain in the document since the City has
undergone a reorganization.
C/Goldenberg asked for a more detailed explanation of
Section 22.01.040 E. 1., Page I-5 and I-6.
Mr. Crawford responded that this section is intended to
address what happens to projects that are in the pipeline
when this code is adopted and replaces the Los Angeles
County Zoning Code under which the City currently
operates, and what happens as amendments occur in future
years. Subsection E. 1. deals with applications that
have been filed with the City before an amendment occurs
and are determined to be complete. As worded, the
subsection says that the application may be processed
according to the requirements in effect when it was
accepted as complete by the City, unless the review
authority (Planning Commission, Planning Department,
etc.) determines it is necessary to apply new or amended
development standards to the project approval, in order
to ensure public health, safety, welfare, and orderly
development. This gives the City an opportunity to take
another look at the project in the event that it raises
substantial issues regarding health, .safety or welfare
and apply appropriate standards on that basis.
Mr. Crawford responded to VC/Schad that the Planning
Commission will be reviewing sections and requirements
regarding tree removal in Article III which will be
presented to the Planning Commission at a future date.
C/Fong asked if Article I is standard throughout other
cities.
JULY 22, 1997 PAGE 3 PLANNING COMMISSION
Mr. Crawford responded that the provisions which refer to
State Law are standard. The suggested wording is a
compilation of previous work and draft language proposed
by staff as a result of the Diamond Bar General Plan.
C/Goldenberg asked if the completed Development Code
document will be electronically accessible by the general
public.
DCM/DeStefano responded that a specific component of The
Planning and Zoning Alliance's employment by the City was
that this document would be designed to be electronically
accessible via the Web site.
VC/Schad asked if any of the Building Code provisions
will be included as part of the Development Code.
DCM/DeStefano stated that the City's Building Code
regulations are contained within a separate document.
The City utilizes the latest version of -the State's model
codes.
DCM/DeStefano stated that as a result of the City's
reorganization, a Community Development Director title no
longer exists. Staff is working with the City's Attorney
to redirect responsibilities to the Deputy City Manager.
C/Goldenberg suggested that Section 22.030.020 - Rules of
Interpretation, Page I-13, include "or designee" so that
A. reads: Authority. The Community Development Director
or designee shall have the responsibility and authority -
etc."
VC/Schad asked about the time frame for Development Code
amendments and divisions of responsibility for the City's
construction approval process.
DCM/DeStefano suggested the Planning Commission consider
approval thresholds for various levels within the City.
For instance, the Planning Commission may chose to remove
certain items from Administrative Development Review
process and assume those items for deliberation.
Conversely, the Planning Commission may chose to abdicate
some of its responsibilities to the Administrative
Development Review Hearing Officer. An amendment to the
Zoning ordinance generally requires extensive analysis by
staff and at least one public hearing before the Planning
Commission and one public hearing before the City
Council. The process requires a minimum of 120 days to
process with the entire procedure taking closer to nine
months to complete.
There was no one present who wished to speak on Article
I.
Bruce Jacobson, Jacobson & Wack, presented Article VI.
JULY 22, 1997 PAGE 4 PLANNING COMMISSION
DCM/DeStefano recommended the Planning Commission
carefully consider the City's lines and levels of
authority for projects. A permit type and related
decision making authority matrix will be presented to the
Commission for review at a future Development Code
meeting.
VC/Schad asked what happens if a project is approved,
construction does not commence as scheduled, and
amendments are made to the code which would require
changes to the project.
Mr. Jacobson responded that the Community Development
Director would have the authority to grant reasonable
changes. Major changes may be subject to a new permit
and public hearing process.
Mr. Jacobson explained to C/Fong that this document does
not attempt to cover the responsibilities of the City's
Building Official with respect to -the issuance of
building permits.
Chair/Ruzicka stated that the completion of the City's
Development Code is compliance with Title 22 and not the
City's entire Municipal Code.
Mr. Jacobson concurred with Chair/Ruzicka. Title 22,
when adopted, will be referred to as the Diamond Bar
Development Code. The document will contain Zoning and
Subdivision provisions.
C/McManus asked if non -conforming use would apply to
historical sites in perpetuity.
Mr. Jacobson responded that all sites are protected in
perpetuity so long as the owner does not voluntarily
cause termination of its use.
Mr. Jacobson responded to Chair/Ruzicka that the State
has deemed that home care facilities are single family
homes. Therefore, in the event of loss, the same
structure could be rebuilt.
C/Goldenberg asked that the document contain language
specifying who is responsible for monitoring deed
restricted time limitations.
DCM/DeStefano responded that the City maintains a tickler
system to monitor time sensitive permit provisions.
Currently, information pertaining to properties within
the City -is maintained in various files within the City
offices. At some future time, the information will be
coordinated and accessible by parcel number.
JULY 0&, A.007 VZa033 5 PLANNING COMMISSION
C/Goldenberg asked
He asked if permit
priority basis.
DCM/DeStefano to propose a solution.
information should be compiled on a
DCM/DeStefano indicated the City is currently
computerizing the records management portion of its
operation. The cost to purchase or create a records
management system is prohibitive and has not been the
City's priority..
DCM/DeStefano recommended the Commission give careful
consideration to the public hearing notification process.
C/Goldenberg asked if tenants will be included in the
notification process.
Mr. Jacobson responded that some communities include
renters and tenants in the notification process even
though it is not a State minimum requirement. Item D,
Page VI -21 gives the Director an opportunity to enhance
the notification process in any manner deemed appropriate
by virtue of the application being processed.
DCM/DeStefano cautioned that "additional notice" is
subject to interpretation. The Commission may wish to
set more specific parameters.
C/Goldenberg asked the Commission to enter into further
discussions regarding notification to renters.
C/McManus asked if cities have distinguished between
public hearing items that effect structures and public
hearing items that effect humans.
DCM/DeStefano stated he is not aware of any such
distinctions.
Mr. Crawford stated he is not aware of any such
distinctions. However, he encouraged the Commission to
discuss the matter and determine whether to codify
"additional notice" or continue to allow the Director to
use his discretion. He cautioned the Commission that
codification may override discretion by the Director.
Chair/Ruzicka stated he favors keeping the Development
Code as simple as possible while addressing concerns.
Mr. Crawford suggested that if the process requires an
Environmental Impact Report the Commission may wish to
increase the notification provisions because there may be
additional impacts.
Chair/Ruzicka asked if Mr. Crawford can suggest how this
concern is addressed by other municipalities.
JULY 22, 1997 PAGE 6 PLANNING COMMISSION
Mr. Crawford stated that several communities
automatically notify tenants as well as property owners.
He indicated he is not aware of communities imposing a
threshold other than a Negative Declaration or an
Environmental Impact Report as a reason for increased
notification.
VC/Schad suggested a matrix be included to address
different types of projects and applicable notification.
Mr. Crawford suggested the matrix be a department policy
directive rather than a part of the Development Code.
C/Goldenberg asked staff to prepare its recommendation
for Item D. Additional notice on Page VI -21 to be
presented at the July 29, 1997 Planning Commission
meeting.
C/Fong stated he believes the notification radius depends
on the project. At a minimum, the abutting property
owner should be notified. With respect to installation
of antennas, people within sight of the project should be
notified. A major development such as the SunCal
development should involve most of the City. Other
variables such as noise impacts and visibility should be
considered in the notification process.
Chair/Ruzicka asked the Commissioners to consider this
item for discussion at the next meeting.
Clyde Hennessee asked how Article VI, Page 13, non-
conformance due to parking, applies to home additions.
Mr. Jacobson responded that this requirement deals with
the reuse of an existing building or a change to an
existing building. If the building was legally
constructed and operated, and no longer meets parking
requirements for a new use, if it is a residential use,
no change is required as long as the number of dwelling
units is not increased. Any changes to a non-residential
use would require parking conformance.
Thom Pruitt, Pop Warner Football and Cheerleading
Association Executive Vice President, stated 'his
organization is interested in the use of public lands
within the City and the proposed Development Code. The
youth involved -in this organization are future Planning
Commissioners and administrators of Diamond Bar who will
be implementing the adopted Development Code.
Chair/Ruzicka indicated the Planning Commission will
continue its discussion of Articles I, VI and VII at the
July 29, 1997 meeting.
RECESS: Chair/Ruzicka recessed the meeting at 8:25 p.m.
JULY 22, 1997 PAGE 7 PLANNING COMMISSION
RECONVENE:
Chair/Ruzicka reconvened the meeting at 8:35 p.m.
2. vesting Tentative Tract Map No. 50314, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 & deir 97-1 (pursuant to Code Sections Title 21,
22.56.215, 22.26 Part 16 and 22.16, Part 2) are requests
to approve a 15 lot 'subdivision on approximately 44
acres. The average lot size will be 2.92 acres. Six of
the proposed lots are part of two approve tracts.
Therefore, VTTM 50314's development will result in a net
increase of 13 residential lots. The project site is
within Los Angeles County Significant Ecological Area No.
15. The Zone Change will convert the current zoning of
A-2-2 to R-1-20,000 to a zoning of R-1-40,000.
Project Address: Southeast of the most southerly
intersection of Steeplechase
Lane and Wagon Train Lane.
Project Owner/Applicant: Kurt Nelson, Windmill
Development, 3480 Torrance
Boulevard, Suite 300, Torrance,
CA 90503
AP/Lungu presented staff's report. Staff recommends that
the Planning Commission open the public hearing, receive
comments on the Draft Environmental Impact Report and
project entitlement, and continue the public hearing to
August 12, 1997.
Michael Houlihan, AICP, Michael Brandman Associates,
presented the Draft Environmental Impact Report (DEIR)
for Vesting Tentative Tract Map No.*50314 (VTTM 50314).
Mr. Houlihan responded to C/McManus that riparian oaks
are proposed to be replaced at a minimum 3:1 ratio and
upland habitat associated oaks are proposed to be
replaced at a minimum of 4:1 ratio.
VC/Schad recommended that the Mexican Elderberry be
retained during development because it is a prime food
source for the mammal wildlife. He indicated that
although it is not mentioned in the DEIR, Hairy Fringepod
is found within the tract and because it is scarce and
enjoys compatible growth with black walnuts he would like
to have it retained within the tract. He said that
although he has never seen a Mariposa Lilly in the area,
it is a perfect growth setting for the plant. He asked
about the developer's consideration of scrub oak. He
said the report did not mention Crotalus Pacifica or the
alligator lizard. He asked if any natcatchers are found
in the area.
C/Fong referring to the California Parks and Recreation
Department letter contained in the DEIR and to Paragraph
C7 on Page 9, asked when the survey was conducted and if
JULY 22, 1997 PAGE 8 PLANNING COMMISSION
it was timed to adequately incorporate all species.. He
asked if the 9 hours spent by two biologists (see Page 9,
C8) was sufficient to adequately conduct the survey.
With respect to Page 9, C9, the Parks and Recreation
Department has- indicated this project will have a
significant impact on the flora and fauna in the area.
He asked how the Commission should determine whether the
State or the consultant's assumptions are correct. He
indicated he feels the consultant's comments are not
adequate.
C/Fong continued referencing the design plans. He asked
about accessibility of the hiking trail to the general
public and where is the trail head located. The plans
indicate a realignment of the Schubarum Trail at the
southerly portion of the site. The hiking trail crosses
an intermittent stream at the southwest corner of the
site and asked if a culvert will be constructed at that
location. At the southeast portion of the site just west
of the lift station, the earth structure retention basin
appears to be linear and non -conforming to the natural
contour of the land. He asked that the structure be
altered in the final grading plan to incorporate the
natural contour. He referred to Sheet 2 of the proposed
Landscape Mitigation Plan indicating there does not
appear to be any proposed landscaping or revegetation of
the area. He asked that this area be reviewed to be
certain that the area is properly revegetated.
C/Fong stated it appears that only California black
walnuts are proposed to be planted along the slope (Sheet
T-2). He asked if scrub oak is proposed to be included
with the California black walnut in the area. so that the
outer slope will be similar to the natural vegetation in
the undisturbed areas. Referring to Sheet 2 for the
Landscape Mitigation Plan, he suggested including a
symbol or key on the legend to indicate Coast Live Oak
and black walnut because it is difficult to determine on
the drawings what species are included.
Tom Leslie, Michael Brandman Associates, stated that the
reconnaissance surveys were conducted during the period
when the potential sensitive plant species that could be
found in the area would be flowering and identifiable.
The sensitive species were listed in the flora
compendium. The project proponent indicated that any
species the Commission felt might be important to .be
included in a landscape plan would be considered. With
respect tothe survey hours, there are no standard number
of hours per acre. The Fish and Wildlife service that a
competent surveyor can look at 80 to 100 acres per day
per surveying biologist. This project is less than 50
acres. He stated he believes that two biologists present
on the survey days for nine hours is more than adequate
to cover the site. He referred C/Fong to Page 13 of the
DEIR, Appendix D Biological Reconnaissance Survey Report.
JULY 22, 1997 PAGE 9 PLANNING COMMISSION
He indicated the surveys were conducted in May and July
during the time when the sensitive species could have
been identified if they had been present.
C/Fong was excused from the meeting at 9:30 p.m.
VC/Schad commended the developer for the propagation
programs he has established to replace vegetation on the
site. He said he is not aware of any other developer who
has given a project such consideration.
Chair/Ruzicka opened the public hearing.
Kurt Nelson, Windmill Development, presented an overview
of the project and explained how the grading plan for the
proposed project will render the area considerably more
stable than what currently exists. He also explained how
the Master Environmental Impact Report for the site and
the tracts immediately adjacent to the proposed project
were updated in the Spring of 1995. -
VC/Schad asked how the proposed project will handle its
runoff.
Lex Williman, Hunsaker & Associates, responded that
pursuant to the mitigation monitoring, this project will
incorporate pollution basins similar to those installed
on the adjacent tracts: He explained how the basins will
function indicating that as a result, nuisance water will
not flow into Tonner Canyon.
Mr. Williman and Mr. Nelson explained to Chair/Ruzicka
how the significant amount of grading contemplated for
this project will render the area significantly more
stable than it currently exists and how the project will
mitigate any possibility of future landslides in the
area.
CE/Wentz reiterated that the area is currently
susceptible to landsliding. When the project is
completed, it will eliminate those areas that are
potential landslide areas.
Chair/Ruzicka continued the public.hearing to August 12,
1997.
PLANNING COMMISSION ITEMS - None
INFORMATIONAL ITEMS:
DCM/DeStefano stated that the City Council approved, at its last
meeting, Second Reading for the Redevelopment Project Area
adoption. The Council approved a 12 month Conditional Use. Permit
for the Darrin Drive cell site. The Council approved the wireless
telecommunications facilities moratorium with directions for staff
to craft an ordinance. The Council approved a slurry seal project
JULY 22, 1997
PAGE 10 PLANNING COMMISSION
for Area 7 (generally the area on both sides of Sunset Crossing
Road west of the SR 57. The Council denied the Ranch Festival's
request for use of Peterson Park. Staff was directed to work with
the Ranch Festival to locate a more suitable site.
SCHEDULE OF FUTURE EVENTS:
As presented in the agenda with the addition of the August 5, 1997
Planning Commission meeting.
ADJOURNMENT:
There being no further business to come before the Planning
Commission, C/Goldenberg moved, C/McManus seconded, to adjourn the
meeting. Chair/Ruzicka adjourned the meeting at 10:10 p.m. to 6:00
p.m. on July 29, 1997 in the South Coast Air Quality Management
auditorium.
ReApect full (rSu . tted,
,Y nYes DeStefaq10 I
Deputy City Ma ager
Attest:
C.
J e Ru;i
Chairma
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 12, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 6:07 p.m. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Ron Pflugrath of The Planning
and Zoning Alliance.
ROLL CALL:
Present:
Also Present:
Chairman Ruzicka, vice Chairman Schad,
Commissioners Fong, Goldenberg and McManus
Deputy City Manager James DeStefano, Senior
Planner Catherine Johnson, and Associate
Planner Ann Lungu.
MATTERS FROM THE AUDIENCE/PIIBLIC COMMENTS:
Don Gravdahl asked what the current code allows with respect to
concrete and brick work within residential front yard setbacks and
whether the Diamond Point Homeowners Association CC&R's allow
homeowners to concrete and brick their entire front yards. He said
it is his understanding that the City's Property Maintenance
Ordinance allows only 40 percent of residential frontage to be used
for parking. He spoke about his concerns regarding circular
driveways.
Mr. Pflugrrath stated the "Offstreet Parking and Loading Standards"
require that driveways that provide access to garages having a
setback of less than 24 feet from the property line shall not
exceed the width of the garage door opening plus two feet. The
Development Code does not address circular driveways. Generally,
circular driveways are determined by the width of the lot and what
curb cuts are allowed by the City's Engineer. He suggested this
matter could be added to the Residential Parking section of the
code.
Mr. Gravdahl responded to VC/Schad that the homes in question
include two car garages.
CONSENT CALENDAR - None
OLD BIISINESS: None
NEW BIISINESS - None
CONTINUED PUBLIC HEARING:
1. Draft Development Code (Zoning Code Amendment ZCA 97-1)
Article III - Site Planning and General Development
AUGUST 12, 1997 PAGE 2. PLANNING COMMISSION
Regulations.
Mr. Pflugrath presented Chapter 3, Fences, Hedges and
Walls, of Article III.
C/McManus asked for clarification of the third section of
Table 3, Page III -20 and whether a maximum height limit
of 30 inches would be imposed for open fencing.
Mr. Pflugrath responded that grill work and wrought iron
fencing is not limited to a height of 30 inches. He
indicated the information will be added to the chart.
Mr. Pflugrath responded to VC/Schad that swimming pool
fencing is addressed in the Uniform Building Code. He
referred VC/Schad to Special Wall and Fencing
Requirements, A. on Page III -22.
C/Goldenberg suggested that "Building" be inserted in A.
Swimming pools, spas and similar features under Special
Wall and Fencing Requirements on Page III -22 to designate
the applicable City Code.
Mr. Pflugrath indicated he will check to determine _
whether it is contained within the .city code or specific
building code sdction.
Chair/Ruzicka asked that an example be sited under
Authority to Waive or Modify Requirements on Page III -23.
C/Goldenberg again asked for consistency regarding
references to Hearing Officer and Director throughout the
document.
Mr. Pflugrath stated the Director and Hearing Officer are
not necessarily the same person.
C/Goldenberg asked that both terms be 'included in the
glossary.
Chair/Ruzicka asked. that a statement be included to
indicate that although the Hearing Officer and Director
are currently the same person, in the future these
positions may be held by two individuals.
Mr. Gravdahl spoke about a six foot block wall in the
front yard setback of a home in his neighborhood.
C/Goldenberg requested that Mr. Gravdahl provide him with
a property address so that he may inspect the property in
question.
Bob Zirbes reiteratEd his concern that a definition of
"view" be contained in the document. He asked that
AUGUST 12, 1997 PAGE 3 PLANNING COMMISSION
"temporary lighting and holiday lighting" be addressed in
Article III.
Mr. Pflugrath indicated the code does not address
residential lighting. Other temporary uses such as
Christmas tree lots and pumpkin lots are required to
obtain temporary use permits. Residential holiday
lighting could be addressed under the Property
Maintenance section.
Mr. Zirbes asked if areas for affordable housing are
defined within the City's General Plan.
SP/Johnson stated that the General Plan addresses
density. The State requires that affordable housing be
disbursed throughout trna City and not concentrated in any
one area.
HILLSIDE MANAGEMENT
C/McManus asked that "elide" be corrected to "slide" in
the fourth line of Paragraph I. under Purpose on Page
III -25.
VC/Schad asked that "streams" be added to Paragraph E.
under Purpose on Page III -24.
C/Goldenberg asked if a project site slope five (5)
percent or greater requires a handicap ramp.
Mr. Pflugrath responded that he will check the UBC.
VC/Schad asked that "with native or indigenous
vegetation" be added to the end of.the paragraph entitled
natural slope on Page III -26.
Mr. Pflugrath indicated this requirement is stated
further into this sec --ion of the document.
Chair/Ruzicka asked that "to" be deleted from the third
line of Paragraph 1 under B. Exceptions on Page III -31.
He requested rewording of the first sentence in Paragraph
2 under B. Exceptions. Suggested wording: "The
Commission may approval a Variance from the standards of
this Chapter in compliance with 22. xx (Variances) for
parcels that are too small in size or of a configuration
that would ... etc."
Chair/Ruzicka asked that subparagraphs D. and E. of the
Landform Grading and Revegetation Standards be re -
lettered to subparagraphs C. and D. respectively.
AUGUST 12, 1997 PAGE 4 PLANNING COMMISSION
C/Goldenberg stated his concerns about Slope Category 4.
within Table 3 on Page III -33. He asked that the
standards be identified.
DCM/DeStefano indicated the City's current code outlines
the provisions contained within Table 3 on Page III -33.
The Commission may wish to modify the conditions. He
cautioned the Commission not to restrict the property
owner's ability to develop his/her property. The current
categories allow the City to look at each case on its own
merits.
C/Goldenberg indicated he would prefer tighter language
which would still allow for freedom of development.
DCM/DeStefano explained to VC/Schad that the City's
Public Works Division regularly monitors the bench drains
in the City in accordance with current codes and
ordinances. Notices are routinely sent to property
owners that the drains must be cleaned and maintained.
C/Fong asked for definition of "certify" under 4. Use of
variable slope ratios 1).
DCM/DeStefano responded that the developer's geotechnical
engineer submits a certified soils and geotechnical
report and project design for the City's geotechnical
review.
C/Goldenberg asked the consultant to provide a graphic
for Item 5. under B. Grading standards on Page III -35.
C/Goldenberg asked for clarification of the seemingly
conflicting height requirements contained in Item 7. a.
and b. under B. Grading standards on Page III -35.
Mr. Pflugrath responded that he believes the statements
are correct. He will check for accuracy.
C/Goldenberg asked that a graphic be added for Item 4
under C. Grading guidelines at the top of Page I11-36.
VC/Schad asked that "the use of pumps or other systems"
be added to Items 3. and 4. under A. Drainage Standards
on Page III -37.
DCM/DeStefano stated the developer's technical
consultants certify the type of mitigation measures
utilized to dispose of drainage which is approved by the
City.
C/Goldenberg stated that with respect to the chapter
entitled Access, Trails, and Roadways A. Access, trails
and roadway standards. 1. and 2. on Page III -38, he
AUGUST 12, 1997 PAGE 5 PLANNING COMMISSION
believes the fire department requires a maximum of 15
percent is allowed for driveway grades. He asked that
"and turnarounds" be inserted in the last sentence of
subparagraph I. so that it reads: "Parking landings and
turnarounds shall be utilized on all drives over 10
percent grade.
DCM/DeStefano stated the City has been operating under a
code that allows up to 15 percent of a limited stretch of
a street and up to 20 percent within a drive. This is a
policy issue the Planning Commission may wish to
reconsider.
C/Goldenberg stated he is concerned about the ability of
emergency vehicles to traverse certain areas.
The Commission asked Mr. Pflugrath to present his
recommendation.
VC/Schad asked that "Wildlife Migration Corridors" be
inserted in Item 4. under B. Access, trails, and roadway
guidelines on Page III -39.
C/Goldenberg asked for an explanation of Item 5 under A.
Architecture standards on Page III -40. He asked that the
second sentence be changed to read: "Decorative shielded
lighting to highlight a structure is allowed."
C/Goldenberg recommended that Item 3. under A. Fences and
landscaping standards refer to Page III -43 Item C.
C/Goldenberg recommended that Item 4. under A. Fences and
landscaping standards refer to Page III - 44 Item D.
Chair/Ruzicka expressed concerns regarding the use of
wood shake roofing materials.
DCM/DeStefano responded that strict standards are set
forth by the City's Building Official regarding the
percentage of roof that can be replaced with certain
types of materials. He advocated avoiding disallowance
of certain types of materials.
VC/Schad asked that "historical plant materials" be
included in D. under Evaluation of Development Review
Application on Page III -44.
DCM/DeStefano stated that before the term "historic" is
inserted into the document, a definition should be
determined.
The Commission concurred to determine a definition for
"historic" in the Tree Ordinance with reference to Item
D. on Page III -44.
AUGUST 12, 1997 PAGE 6 PLANNING COMMISSION
Craig Clute asked if the Development Code calls out an
architectural review committee.
Mr. Pflugrath stated the Development Code does not refer
to a special architectural review committee.. Staff would
continue this process.
Responding to Kerry Garza, SunCal Companies, 550 West
Orangethorpe, Placentia, C/ McManus asked that "Where
feasible" be added to the beginning of the third sentence
of Item 2. under B. Grading standards on Page III -34 so
that the sentence reads: "Where feasible top soil shall
be stockpiled during rough grading and used on cut and
fill slopes."
Mr. Garza stated his concerns regarding the term
"prominent" ridge as called out in the first sentence of
Item 5. under B. Grading standards since he believes he
is positioned to construct residences which conflict with
the proposed code.
DCM/DeStefano suggested the paragraph refer to the
definition of Ridge as stated on Page III -26.
Chair/Ruzicka asked for further discussion of Mr. Garza's
concern by the consultant and the Commission.
Mr. Garza stated he is concerned about the maximum of 30
dwelling units allowed for a cul-de-sac (see Item 7.
under A. Access, trails and roadway standards on Page
III -38.
DCM/DeStefano stated he believes 30 dwelling units was
specified in the Fire Code and Planning and Zoning Code
at the time the document was crafted.
C/McManus asked that 1,5-ingle family" be inserted prior to
dwelling units in Item 7. under A. Access, trails, and
roadway standards.
Chair/Ruzicka asked that 1130" refer to the code as
applicable.
Responding to Mr. Garza's concerns, Chair/Ruzicka asked
that Item 1 under A. Fences and landscaping standards
provide reference to the Noise Control chapter.
Mr. Garza pointed out that "ion" should be eliminated
from Item D. under Fire protection standards on Page III -
43.
LANDSCAPING STANDARDS
AUGUST 12, 1997 PAGE 7 PLANNING COMMISSION
VC/Schad recommended that "fire sensing devices" be
considered under g. Drip irrigation on Page III -50.
Mr. Pflugrath suggested that fire sensing devices are
recommended by the City's Building Official and may not
be appropriate for the Development Code.
C/Goldenberg asked for explanation of the last sentence
under paragraph B. Final Landscape Plan on Page III -46.
C/Goldenberg asked if the requirement (E. Statement of
surety on Page III -46) for posting of a performance bond,
letter of credit or certificate of deposit for a two year
period is useful.
C/Goldenberg recommended improving the language of
Paragraph 2. Unused areas under Landscape Area
Requirements on Page III -46. He stated he believes the
current language may present development problems where
landscaping is required in the event that trees covered
under the Tree Ordinance were planted and then had to be
removed or replaced.
DCM/DeStefano responded that the intent of this item is
to not create a dirt pad area but to provide some sort of
landscaping to eliminate appearance, to deal with dust
control and the like such as the Gateway Corporate pad
previously used by the Ranch Festival.
Mr. Pflugrath responded to Chair/Ruzicka that he will
attempt to improve the language of the item for improved
understanding.
C/Goldenberg asked that "unless a bond is posted" be
added to the end of the last sentence of Paragraph B.
Specific zone landscaping requirements on Page III -47.
Mr. Pflugrath responded that the inclusion of such
language would be appropriate.
C/Goldenberg, referring to the last sentence of Paragraph
C. New single-family residences on Page III -47, asked how
the 50 percent figure was determined.
C/Goldenberg said that some of the percentages indicated
on Table 3 on Page III -47 do not work.
C/Goldenberg stated that Item 6 and 9 on Page III -48
contain arbitrary figures.
DCM/DeStefano stated that with respect to Item 6, a five
foot wide landscape area is generally accepted as the
minimum width that can survive within an area that is
incorporated by curbing or some type of barrier that may
AUGUST 12, 1997 PAGE 8 PLANNING COMMISSION
prohibit root growth. He suggested that wording could be
incorporated to explain the different circumstances for
creating growth area.
Mr. Pflugrath stated the five foot wide minimum is a
standard that is i:(--orporated primarily to aid tree
growth. If no trees are involved, a smaller planter area
could be specified.
Mr. Pflugrath commented that the three foot berms
discussed in Item 9 is typical.
C/Fong suggested that Item 9 include a statement that
when an earthen berm is required to screen parking, it
would not need to be a minimum of three feet in height as
long as it accomplished the desired aesthetic effect.
Mr. Pflugrath recommended Item 9 state that where earthen
berms are proposed without landscaping that they should
be a minimum of three feet in height. If the berm is
proposed in connection with other landscaping features it
could be less than three feet in height..
C/Goldenberg requested that "may" be used in place of
"shall" in the second line of Paragraph 5 on Page III -49.
C/Goldenberg suggested that in the event a 48 inch tree
was to be replaced, there could be difficulty with the
statement "in kind" near the end of the third line in
Paragraph 6.on Page III -49.
DCM/DeStefano suggested adding words that incorporate a
determination by the Director. The reason for the
current language is to prevent a developer from removing
a tree without reason or penalty.
C/Goldenberg asked for reconsideration of the language in
Item 3 under section A. Director to approve on Page III -
50. He indicated that this may be the proper place to
look for circumstances or requirements in that area.
DCM/DeStefano explained the language and suggested the
statement may be further clarified.
RECESS: Chair/Ruzicka recessed the meeting at 8.:05 p.m.
RECONVENE: Chair/Ruzicka reconvened the meeting at 8:25 p.m.
2. Vesting Tentative Tract Map No. 50314, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 (pursuant to Codlp Sections Title 21, and Title
22.56.215, 22.26, Part 16 and 22.16 Part 2) are requests
to approve a 15 lot subdivision on approximately 44
acres. The average lot size will be 2.92 acres. Six of
AUGUST 12, 1997 PAGE 9 PLANNING COMMISSION
the proposed lots are part of two approved tracts.
Therefore, VTTM 50314's development will result in a net
increase of 13 residential lots. The project site is
within Los Angeles County's Significant Ecological Area
No. 15. The Zone Change will convert the current zoning
of R-1,200 and A-2-2 to R-1-40,000.
Project Address:
Project Owner/Applicant:
Southeast of the most southerly
intersection of Steeplechase
Lane and Wagon Train Lane.
Kurt Nelson, . Windmill
Development, 3480 Torrance
Boulevard, Suite 300, Torrance,
CA 90503
AP/Lungu stated the referenced project was presented to
the Planning Commission on July 22, 1997. At that time,
the public hearing was opened, comments were received on
the Draft Environmental Impact Report No. 97-1 (SCH 96-
071104) and the project entitlement. The public hearing
was continued to August 12, 1997.
The purpose of the continuance is to allow staff, -City
consultants and the applicant the opportunity to address
the Commission6rs' concerns and respond to public
comments. The responses are presented in a
correspondence from the City's environmental consultant,
Michael Brandman Associates, dated August 5, 1997.
Additionally, a colored landscape exhibit has been
forwarded which delineates the landscaping on Lots 14 and
15, approved with Tracts 47851 and.48487 respectively.
Staff recommends that the Planning Commission recommend
approval for VTTM 50314, Zone Change No. 96-1,
Conditional Use Permit iro. 96-1, Oak Tree Permit No. 96-1
and Mitigation Monitoring Program, and recommend
certification of EIR No. 97-1 (SCH 96-0711104), Findings
of Fact and conditions as listed within the draft
resolution.
Mike Houllihan and Tom .Leslie, Michael Brandman and
Associates, stated they are present to respond to
Commissioners',questions on their written responses.
C/McManus asked if, with respect to comment number 5. in
a letter directed to DCM/ DeStefano on August 6, 1997,
the consultants specifically looked for species and
specific signs.
Mr. Leslie responded that the survey encompasses an array
of items that are specifically sought. He concurred with
C/McManus that the statement should be extended to
indicate the items were looked for and not observed.
AUGUST 12, 1997 PAGE 10 PLANNING COMMISSION
Referring to Page 2, C/McManus asked why there is a
conflict with the U.S. Department of Interior Fish and
Wildlife Service regarding possible impacts of this
project on the Coastal Gnatcatcher and other items.
Mr. Leslie responded that one of the field biologists who
conducted the survey is a Permitted Gnatcatcher Biologist
and the other field biologist has had over 200 hours of
supervised gnatcatcher survey work. The biologists
determined, based upon the field survey, that this tract
is potential gnatcatcher habitat. Therefore, they did
not recommend nor did they conduct, protocol gnatcatcher
surveys.
C/McManus asked for comment on the statement in Paragraph
1, Page 3 which reads: "We agree that the impacts to
these habitats resulting from the proposed projects are
adverse and not mitigatible. However, the adverse
impacts to these natural habitats likely will be far
higher than noted in the DEIR due to indirect effects."
Mr. Leslie indicated the Fish and .Wildlife Service is
looking at the region generally. He supposed that agency
personnel had not actually visited the property. If they
had visited the property and read the biological
assessment prepared by Michael Brandman Associates, he
believes they would concur with the report.
C/McManus pointed out that Paragraph 2 on Page 3
indicates that "These habitats also likely serve as
movement corridors for wildlife in this area. The
mitigation that has been prepared for the loss of these
habitats is inadequate". He pointed out that there is no
equivocation in this statement.
Mr. Leslie pointed out that the statement indicates
"likely". He indicated his firm conducted a movement
corridor assessment on the property which is discussed in
the two documents which indicates that the parcel is not
a part of the primary movement corridor, nor is it part
of the secondary movement corridor which would connect to
adjacent primary corridors.
C/McManus read from Paragraph 3, Page 3, which states:
"The measures that will be taken to manage and protect
the areas that would be left undeveloped are inadequate
and vague." He pointed out that there is no equivocation
in this statement.
Mr. Leslie stated that without having the author of the
letter present it is difficult to determine intent.
These are standard phrases used by the Fish and Wildlife
Service.
AUGUST 12, 1997
PAGE it PLANNING COMMISSION
Responding to additional passages from the letter, Mr.
Leslie stated the mitigation measures have been designed
to minimize as much as possible the introduction of non-
native species into the adjacent natural open space
areas. In addition, t -he mitigation measures replace the
walnut woodland and the coastal sage scrub at a
reasonable replacement rate in accordance with the City's
guidelines.
C/McManus suggested the consultant and the Fish and
Wildlife Service meet to reach a conclusion regarding
apparent items of disagreement.
Mr. Leslie responded to VC/Schad that as a result of
Michael Brandman and Associates' concerns about impacts
to various species, numerous mitigation measures have
been employed.
Chair/Ruzicka reiterated his understanding that this
project will fix a piece of land that is currently
subject to landslide activity.
Mr. Nelson responded to C/McManus that the Urban
Pollution Basin maintenance is provided for as part of
the Crystal Ridge Estates Homeowners Association budget.
Michael Brandman and Associates performs a'five year
mitigation monitoring program for the removal of
construction debris. Subsequently, an easement is
granted in favor of the homeowners association for
collection on all slope areas after that period of time.
The five year monitoring program includes preservation of
the understory. Certain invasive species may not be
introduced into the level pad yard areas so that seeds do
not become windblown.
C/McManus asked who is responsible for what period of
time for maintenance of signs discouraging human
intrusion in natural open spaces of Tonner Canyon SEA No.
15.
Mr. Nelson responded that he will include funding for
sign maintenance in the CC&R's, if necessary. Certain
sections of the CC&R's cannot be amended by the
homeowners without the City's consent. He offered that
any areas of concern could be covered within the
annexation document.
C/McManus introduced a photograph of an oak tree on the
proposed site which indicates the street slope is cut
underneath the drip line and as a result, the tree is
dying.
Mr. Nelson responded that the photograph depicts a
transplanted tree and is not one of the protected trees.
AUGUST 12, 1997 PAGE 12 PLANNING COMMISSION
Lex Williman stated a total of 136 walnut and 68 oak
trees will be removed by the project. The developer can
select and relocate certain trees that appear to be of
value. Mitigation measures call for compensation of the
removed trees.
Mr. Nelson explained that when the developer removes a
tree, he is required to replace it at a 2:1 ratio or 4:1
ratio. A survival rate of 2:1 must be assured. The
developer has every motivation to be certain the tree
survives. However, the tree depicted in the photograph
is not subject to the revegetation plan.
Chair/Ruzicka reopened the public hearing.
Doreen Ferguson, Park Plan, Department of Parks and
Recreation, State of California, said her department
represents the natural resource and the people of
California. She indicated that this project is adjacent
to Tonner Canyon and 3EA No. 15 which her department
feels is important to the preservation and future of the
bio -diversity in the State of California. She stated
that in her department's opinion, the DEIR survey was not
adequate. She further stated that a major concern to her
department is the major loss of any more native walnut
woodlands. This development seeks to eliminate 23.2
acres of the approximate 1,000 acres left in Southern
California which greatly diminishes the chances of
survival of the wildlife that this habitat sustains. She
stated "we view this loss as unmitigatible". At the rate
the State is losing its native plants places the wildlife
of Southern California in serious jeopardy. She said her
department agrees with the U.S. Fish and Wildlife Service
in the areas of mitigation concerns and further study.
In particular, she stated her department would like to
see specific areas revegetated such as the southern part
of Tonner Canyon.
Ms. Ferguson stated she is speaking in place of the
department's Resource Ecologist who was unable to attend
tonight's meeting due to illness.
Ms. Ferguson continued that her department is concerned
that there is no mitigation proposed for the loss of the
coastal sage scrub understory which supports the coastal
gnatcatcher. The department is concerned that this area
was not adequately surveyed. She further stated that her
department feels the DEIR downplayed the impacts to
wildlife resources and lacked specificity for evaluating
the status of plant and animal species that may be
present on-site. The DEIR does not prove that surveyors
were present for the appropriate number of hours. DEIR
responses should be related to the fact that this project
is in a significant ecological area that has been set
AUGUST 12, 1997 PAGE 13 PLANNING COMMISSION
aside to be protected. Her department asks that
additional surveys be conducted to determine the presence
of the gnatcatcher, cactus wren, loggerhead shrike,
burrowing owl, grey fox and the San Bernardino mattenking
snake as well as the plant species previously discussed.
Ms. Ferguson responded to VC/Schad that she is not
involved with the Whittier/Chino Hills Wildlife Migration
Authority Research. However, her partner is involved.
C/Fong asked what amount of time Ms. Ferguson feels would
be adequate to survey the site.
Ms. Ferguson responded that she will refer Mr. Fong to
the department's biologist. She stated her department
agrees with the U.S. Department of Fish and Wildlife
Service that because of the project site's importance to
the area (adjacent to Tonner Canyon and the SEA No. 15)
it increases the level of concern.
C/McManus asked Ms. Ferguson if her department can
establish survey standards and parameters.
Ms. Ferguson suggested that the City's Planning
Department work with her department to coordinate
development efforts.
C/Goldenberg asked the applicant to reach agreement with
the State of California in order for the Planning
Commission to reach a decision based on fact.
DCM/DeStefano responded to Chair/Ruzicka that there has
been ample opportunity for agencies to speak with the
City of Diamond Bar regarding their issues of concern
throughout the tenure of this project. The project is
the last piece of development in a series of approved
projects. The same level of cooperation has existed
between the City and its environmental consultant
throughout the project. The City believes the project
meets the requirements of the General Plan as well as,
the standards employed by the Zoning Ordinance,
Subdivision Ordinance, and good environmental practices
proposed as a result of the mitigation measures outlined
for the project.
Ms. Ferguson indicated to C/McManus that her department
recently went on-line with the State Clearing House and
learned of this project. In addition, there was no State
Planning Department st?ff for some period of time.
There was no further public testimony offered.
AUGUST 12, 1997 PAGE 14 PLANNING COMMISSION
C/Fong stated he believes the geology report should
reference potential impact to the east side of Windmill
Drive.
Mr. Williman said that Tract No. 48487 is a previously
approved tract. It was not ignored as part of the
evaluation of Vesting Tentative Tract Map No. 50314. He
referred C/Fong to a letter included within the report
that indicates that VTTM No. 50314 does not have an
adverse impact and does not change the proposed
mitigation for VTM Nc. 48487. VTM No. 48487 has out -of -
slope bedding and shear keys proposed along the entire
edge. The project has a City approved geological report,
approved grading plans which are addressed in a letter
included within this project packet.
Chair/Ruzicka moved to approve VTTM 50314, Zone Change
No. 96-1, Conditional Use Permit No. 96-1, Oak Tree
Permit No. 96-1 and Mitigation Monitoring Program, and
recommend certification of EIR No. 97-1 (SCH 96-0711104),
Findings of Fact and conditions as listed within the
attached draft resolutions. The motion died for lack of
a second.
C/Goldenberg moved, C/McManus seconded, to continue
Vesting Tentative Tract Map No. 50314, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 to August 26, 1997 and request the applicant to meet
with the U.S. Fish and Wildlife Service and the State of
California . Parks and Recreation Department
representatives to reach agreement. The motion was
carried 5-0.
PUBLIC HEARINGS:
1. Conditional Use Permit No. 97-2 and Development Review
No. 97-6 is a request (pursuant to Section 22.40.430) to
locate and operate an unmanned cellular
telecommunications facility at Peterson Park. The
proposal is to attached two microcell antennas to an
existing light pole and construct a freestanding
equipment cabinet, covered by a screening mesh enclosure,
adjacent to the pole. The project will be located at the
southern perimeter of Peterson Park, adjacent to the SR
60.
Property Address: Peterson Park, 24142 Sylvan Glen
Road, Diamond Bar
Property Owner: City of Diamond Bar, 21660 E. Copley
Drive, Diamond Bar
Applicant: L.A. Cellular, 17785 Center Court
Drive North, Cerritos, CA
AUGUST 12, 1997
PAGE 15 PLANNING COMMISSION
SP/Johnson presented staff's report. Staff recommends
that the Planning Commission approve Conditional Use
Permit 97-2 and Development Review 97-6, Findings of Fact
and conditions as listed within the resolution.
DCM/DeStefano stated 336 surrounding property owners were
noticed with one letter of dissent received by the City.
DCM/DeStefano responded to VC/Schad that utility
connections will be provided to the site from Golden
Springs Road for telephone service and from Sylvan Glen
Road for electrical service. A lease agreement is
proposed by L.A. Cellular to lease the facility from the
City at a rate of $1,000 per month for a period of five
years, and up to 20 years if L.A. Cellular exercises its
options.
Chair/Ruzicka opened the public hearing.
Rob Searcy, Terra Firma Services, 4617 Willits Avenue,
Sherman Oaks, representing L.A. Cellular, stated the site
is proposed to complete a transmission gap along the SR
60. The site proposes to co -locate with existing
structures to minimize visual impacts. The eight foot
single directional antenna points down the SR 60 corridor
and will provide some service to adjacent residential
areas. He indicated the applicant's willingness to
consider modifications proposed by the Commission to
limit aesthetic impacts.
VC/Schad asked how power will be brought to the antenna.
Mr. Searcy responded that power is run underground up
through the conduit contained in the light standard.
Bob Zirbes said he has not seen the proposed plans. He
remarked that he feels children will be closer to the
site in a park than they would be with an installation on
the Stone's Darrin Drive property.
Craig Clute asked if the Darrin Drive applicants and this
applicant could co -locate at one of the two proposed
sites. He supports screening for the proposed chain link
fencing. He indicated he is concerned about the time
allowed for project completion.
VC/Schad asked what effect the proposed antenna will have
on wind drag.
Mr. Searcy responded that the engineering calculations
were completed and turned over to the ,City's Building
Official in order for the applicant to pull a permit.
anr_nem 17: 1997
PAGE 16 PLANNING COMMISSION
C/McManus asked if L.A. Cellular and the Darrin Drive
applicants discussed the possibility of co -locating at
either the Darrin Drive or the Peterson Park site.
DCM/DeStefano responded to C/McManus that the Darrin
Drive applicants dismissed the Peterson Park site as an
inappropriate location for their system.
Mr. Searcy responded to C/McManus that L.A. Cellular
generally does not consider locating a free-standing
monopole structure in a single-family residential
neighborhood and therefore did not consider co -locating
at the Darrin Drive site.
Chair/Ruzicka closed the public hearing.
C/Goldenberg asked for indication of a realistic
installation time for this project.
DCM/DeStefano suggested that a minimum 10 month time
period be granted for the CUP.
AP/Searcy requested the 10 month time period be granted
from date of lease or issuance of permits, whichever is
later.
C/Fong moved, C/Goldenberg seconded, to approve
Conditional Use Permit 97-2 and Development Review 97-6,
Findings of Fact and conditions as listed within the
resolution, amend Condition D. on page 7, completion of
the antenna and related equipment shall occur no later
than 10 months from date the lease is signed or City
Building and Safety permits are issued, and with the
condition that the applicant provide chain link fencing
with screening material and landscaping to obscure the
fencing. The motion was approved 5-0 with the following
Roll Call vote:
AYES: COMMISSIONERS: Fong, Goldenberg, McManus,
VC/Schad, Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
2. Development Review No. 97-4 is a request (pursuant to
Section 22.72.020.A) to construct a 36,761 square foot,
two story industrial building to be utilized for
warehousing, assembly an associated office uses on a
78,442 square foot (1.q acre) vacant site.
Property Location: Northeast corner of Lemon Avenue and
Lycoming Street
Property Owner: Lan Plus, Andy Teng, 17088 E. Green
Drive, City of Industry, CA 91745
AUGUST 12, 1997 PAGE 17 PLANNING COMMISSION
Applicant: Kent Wu Architects, 1274 E. Center
Court Drive, Suite 211, Covina, CA
91724
Staff recommends that the Planning.Commission open the
public hearing, receive comments, and continue this item
to the meeting of August 26, 1997.
Chair/Ruzicka opened the public hearing.
There was no one present who wished to speak on this
item.
VC/Schad moved, C/McManus seconded, to continue
Development Review No. 97-4 to August 26, 1997. The
motion was carried unanimously.
CONTINUED PUBLIC HEARING, Cont.
1. Draft Development Code.
Chair/Ruzicka asked for public comment on the Landscape
Standards Chapter of Article III - Site Planning.
Bob Zirbes asked if single family detached residences
could be included in Applicability A. on Page III -45.
Mr. Pflugrath suggested "tract development" be eliminated
from Item C. on Page III -47 and that the requirement be
limited to the front yard area. The "exception to
single-family detached residences will be eliminated from
Paragraph A. under Applicability on Page 45.
RATER EFFICIENT LANDSCAPE STANDARDS.
Mr. Pflugrath presented the Water Efficient Landscape
Standards chapter beginning on Page III -51.
C/Goldenberg asked if Diamond Bar is exploring the use of
Wind -sensing devices under Definitions on Page III -52.
C/McManus asked what triggers the "documentation package"
referred to in Item A. Submittal required under
Applicability on Page III -53.
Mr. Pflugrath responded that the Buyer's Awareness
Package for the homeowner or information provided by the
property owner for renters.
VC/Schad asked that "k. invasive plants to be removed."
be added following j. under 3. Landscape design plan
requirements on Page III -54.
AUGUST 12, 1997 PAGE 18 PLANNING COMMISSION
Mr. Pflugrath stated a list of invasive plants would need
to be provided.
DCM/DeStefano suggested that this request be studied by
staff for proper placement such as the Landscape section.
With respect to the list of invasive plants, it may be
more appropriate to list a source of.invasive plants be
cited.
Craig Clute concurred with VC/Schad regarding invasive
plants. He suggested recycled water be considered for
use on a wider basis throughout the City.
Bob Zirbes asked for a better definition of "A.
Homeowner -provided landscaping at single-family and
residential projects;" under Applicability on Page III -
52.
Mr. Pflugrath responded that this statement is proposed
to separate it from the contract/ developer provided
landscaping which is required under the Landscape
section.
PLANNING.COMMISSION ITEMS:
C/Fong asked staff for an update with respect to Mr. Clute's
request concerning the cellular antenna site at the SR 57/SR 60
interchange.
DCM/DeStefano responded that the Walnut Pools cellular site is
being pursued by the second applicant. The applicant has not
submitted plans nor received building permits and therefore,
improvements required by the Planning Commission have not occurred.
There is approximately six to eight months left on the two year
Planning Commission approval.
INFORMATIONAL ITEMS:
DCM/DeStefano stated he and AP/7,ungu will be absent from the August
19, 1997 Development Code meeting. SP/Johnson will participate in
portions of the City Council meeting being held on the same
evening.
SCHEDULE OF FUTURE EVENTS:
As presented in the agenda.
AUGUST 12, 199,7 PAGE 19 PLANNING COMMISSION
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 11:15 p.m. to
6:00 p.m. August 19, 1997 in the South Coast Air Quality Management
Board Room.
R.e pectfully fubmitted,
1 ^^
Ja es DeSte no
Deputy City Manager
Attest:
-Joe u a
Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 19, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 6:07 p.m. in the
South Coast Air Quality Management Board Hearing Room, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Robert Zirbes.
ROLL CALL:
Present: Chairman Ruzicka, Vice Chairman Schad,
Commissioners Goldenberg and McManus
Absent: Commissioner Fong
Also Present: Acting Planning Commission Secretary Catherine
Johnson and Planning Technician Susan Cole.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of August 5, 1997.
C/Goldenberg moved, C/McManus seconded, to approve the
minutes of August 5, 1997 as presented.
OLD BUSINESS: None
NEW BUSINESS - None
CONTINUED PUBLIC HEARING:
1. Draft Development Code (Zoning Code Amendment ZCA 97-1)
Article III - Site Planning and General Development
Regulations.
Mr. Pflugrath continued with Article III presentation for
the Chapter entitled Noise Control On Page III -60.
Mr. Pflugrath corrected the third line of 3. Standard No.
3 on Page III -64 to read: "shall be the applicable noise
level from Subsection A, plus ],Q (instead of 20) dB; or,
etc.
Mr. Pflugrath responded that Table 3 Exterior Noise
Standards on Page III -64 complies with the City's General
Plan guidelines.
Mr. Pflugrath indicated CNEL.at the end of C. Residential
design requirements 1. on Page III -66 is stricken so that
the paragraph ends following 40 dBA.
AUGUST 19, 1997 PAGE 2 PLANNING COMMISSION
Steve Tye
residential
properties.
asked how noise levels are measured on
properties that back up to industrial
Mr. Pflugrath responded that the noise level for
residential would be :easured according to the criteria
for Noise Zone II (Page III -66) within the boundaries of
the residential property.
SP/Johnson responded to Bob Zirbes that the City's
ambient noise level is called out in the General Plan.
OFF-STREET PARKING AND LOADING STANDARDS (Pages III -72 through
III -92)
C/McManus asked how Item C. Vehicles for sale on Page
III -73 can be enforced without a code enforcement officer
being available on weekends.
C/Goldenberg asked if a residential room addition can be
completed if the unit suffers from non -conforming
parking.
SP/Johnson explained that if a violation was uncovered
upon inspection, the building permit would not be
approved. It is illegal to remove parking (See B.
Parking and loading to be unrestricted on Page III -73).
Mr. Pflugrath explained that. room addition building
permits are procedural matters for City staff's review
and approval.
Chair/Ruzicka stated that C/Goldenberg's concern warrants
more definitive language within the code. This is a
violation that occurs within the City with some
frequency.
Mr. Pflugrath referred the Commission to D. Nonconforming
status on Page III -73 and suggested that a section be
added for single family residential.
Chair/Ruzicka responded to Mr. Pflugrath that a thorough
inspection' should be triggered by any building permit
request.
Chair/Ruzicka stated his concerns regarding the lack -of
sufficient on-site parking at Diamond Bar High School.
Mr. Pflugrath responded that most school district's do
not provide the correct number of parking spaces. He
suggested signage be placed on residential streets to
curb the parking.
AUGUST 19, 1997 PAGE 3 PLANNING COMMISSION
C/Goldenberg asked that "as provided in Table XX on Page
XX" be added to Paragraph G. Company-owned vehicles on
Page III -74 for clarification.
Regarding VC/Schad's concern regarding parking
availability for the Heritage Park Community Center, Mr.
Pflugrath referred the Commission to Performance
theaters meeting halls and membership organizations in
Table 3-xx on Page III -77.
C/Goldenberg asked that "Bowling alleys" be changed to
"Bowling centers" in Table 3-xx on Page III -76.
C/Goldenberg asked that a definition be provided for
"ancillary uses". (See Table 3-xx on Page III -76. - e.g.)
C/Goldenberg stated he believes the Code should
incorporate ."guest parking" for new hillside development
in addition to the required parking.
Mr. Pflugrath suggested that language be provided to
indicate that parking will be required "at the discretion
of the Director".
C/Goldenberg suggested the City consider offering "in
lieu fees" to acquire public parking area be included in
Reduction of Off -Street Parking Requirements for Shared
Use on Page III -81.
C/Goldenberg reiterated his concerns regarding concreting
of single family residential front yard areas. (see Page
III -82). He stated he believes the code should include
an acceptable standard.
C/Goldenberg recommended that with respect to Page III -
85, the landscaping should define the ingress and egress
points of the driveway.
Mr. Pflugrath responded to Chair/Ruzicka that property
owners who have created additional parking by concreting
front yard areas may be in violation of the current code.
Responding to Chair/Ruzicka, Mr. Pflugrath stated he
believes Real Estate laws require disclosure of non-
conforming situations upon listing of the property for
sale.
C/McManus asked if whether a fence that has been
illegally allowed to stand on a property for a certain
period of time becomes the property of the current
property owner..
Mr. Pflugrath responded that the judicial system may find
that it is unreasonable for a City requires a building
AUGUST 19, 1997 PAGE 4
PLANNING COMMISSION
owner to correct a situation that has been in place for
a number of years.
Mr. Pflugrath indicated to Chair/Ruzicka that he will
research the situation and advise the Commission.
C/Goldenberg stated that enforcement depends on the
philosophy of the City Council.
C/Fong arrived at 7:15 p.m.
Chair/Ruzicka stated that if a future City Council
chooses to be more proactive, the Development Code will
provide the vehicle.
Mr. Pflugrath referred the Commission to E. Driveway
width and length on Page III -89 in response to
C/Goldenberg's concerns regarding concreting of single
family residential front yard areas. He indicated that
he has noted future discussion of 1. Circular drives and
2. driveway width maximums.
C/Goldenberg recommended that "five" feet be changed to
"seven" feet in the third line of 6. perimeter parking
lot landscaping a. Adjacent to streets to allow two feet
for bumper overhang. The Commission concurred.
VC/Schad stated that some of the City's major grocery
stores place grocery -carts on sidewalk areas immediately
adjacent to parking areas which creates a pedestrian
hazard. He asked if the code can provide for adequate
walkways.
Mr. Pflugrath indicated that in order to implement the
code, compliance would be required at the time of
addition or remodel on a case by case basis. Compliance
could not be required on a retroactive basis. He
indicated that grocery markets are required by ADA and
Fire Code to maintain a clear four foot access way.
C/Goldenberg recommended "When provided," be added to the
beginning , of the last sentence under M. Wheel
stops/curbing on Page IiI-88 so that the sentence reads:
"When provided. wheel stops shall be placed to allow for
two feet of vehicle overhang area within the dimension of
the parking space."
Mr. Pflugrath stated E. Clearance from obstruction will
be renumbered "F." and F. Traffic safety. sight area will
be renumbered "G." on Page III -89.
C/Goldenberg stated that the Fire Department requires
driveways for multi -family uses with more than six units
to have a minimum paved width of 1126" feet instead of
AUGUST 19, 1997 PAGE 6 PLANNING COMMISSION
Mr. Pflugrath responded to Mr. Clute that this
Development Code does not address on street parking
because it is in the public right-of-way.
C/McManus stated although the proposed Development Code
offers more authority the City is reactive rather than
proactive.
C/Fong stated his concerns regarding the proliferation of
multi-ethnic commercial signage (see Page III -112). He
indicated he would like to see that signage is
predominately English.
Mr. Pflugrath referred C/Fong to E. Sign copy on page
III -112.
C/Goldenberg stated that signs may not be legally
restricted for aesthetic reasons. The legal basis for
the Health and Safety Ordinance and Development Code
should be indicated.
Mr. Pflugrath indicated he will speak with CA/Jenkins
regarding this matter and advise the Commission.
Chair/Ruzicka confirmed to Mr. Pflugrath that if there is
no legal conflict, the Commission wishes a 50 percent or
more English reference contained within the code.
VC/Schad requested that Item 6. under D. Illumination of
signs indicate "Par type lamps are safe for exterior
use".
SP/Johnson indicated that DCM/DeStefano recommended all
Development Code defi.:?.tions be placed in Article VII for
consistency.
Following discussion, the Commission concurred to place
the Development Code definitions within Chapter VII.
C/Goldenberg suggested that A. Permanent signs with no
size limitation be changed to "A. Permanent signs without
specific size limitation under Exemptions From Sign
Permits on Page III -113.
Mr. Pflugrath responded to C/McManus that B. Permanent
signs limited by maximum size 6. on Page III -114 should
include "in area" in the last sentence so that it reads:
"These signs shall not exceed four square feet in area
and five feet in height; and".
C/McManus asked for a definition of "Pole -mounted signs"
within Article VII (See N. on Page III -118).
AUGUST 19, 1997 PAGE 7 PLANNING COMMISSION
Mr. Pflugrath responded to C/Goldenberg that W. on Page
III -118 refers to commercial. Residential lighting can
be included in Property Maintenance - Single or multiple
family residential. He indicated he will confer with the
City Attorney regarding this matter.
C/McManus asked that "except those classified as seasonal
decorations" be stricken from the last sentence of B.
Amortization 1. Temporary -signs a. 90 days so that the
sentence reads: "Paper, cloth and cardboard signs,
banners, balloons, flags, bunting, portable signs,
moving, flashing and scintillating signs, and other
similar signs."
C/Goldenberg suggested that B. Freestanding signs be
changed to read: B. Freestanding monument signs on Page
III -120.
An extensive discussl-ln was conducted with respect to
Item d. under 2. Temporary advertising/promotional signs
and devices and the need for increased enforcement.
Mr. Pflugrath recommended that staff's report to the City
Council include enforcement concerns expressed by
Commissioners. .
VC/Schad recommended that Prohibited Signs include ,tree
mounted signs (See Pages III -118 and 119).
C/Goldenberg requested that the size of letters and
numbers be included in Table 3-B SIGN STANDARDS BY ZONING
DISTRICT on Page III -125.
Mr. Pflugrath recommended this information be included on
Page III -114 under B. Permanent signs.'limited by maximum
size 1 with reference to the Code section.
Mr. Pflugrath responded to Mr. Clute that he believes
that regulation of temporary signage could result in a
code enforcement nightmare. In his opinion, the code
should address permanent signage.He explained that
there are two provisions for signage: Overall building
sign area based upon two square feet per lineal front
footage of the building and window signs no more than 25
percent of the total window area..
Mr. Pflugrath indicated to Mr. Clute that curb painting
is'regulated by the City's Public Works Department.
SP/Johnson explained the City's Temporary Sign process to
Mr. Clute.
Chair/Ruzicka explained to Mr. VanWinkle that the
Commission's objective is to author a uniform development
AUGUST 19, 1997 PAGE 8 PLANNING COMMISSION
code of which the City can be proud. Issues of specific
problems and their enforcement are not being discussed
tonight because it is not tonight's goal. As a result of
discussion, potentia.i problems 'are brought to the
attention of the staff for further consideration.
Bob Zirbes suggested that 1 space for each 100 sq. ft. of
gross floor area be changed to "1 space for each 5Q sq.
ft. of floor area for Restaurants, fast food.in Table 3 -
XX on Page III -79 (middle of page).
Mr. Pflugrath indicated that Mr. Zirbes' recommendation
would be at the low end of the scale.
Mr. Zirbes recommended that Table 3-B% Minimum Parking
Stall and Lot Dimensions be changed to indicate a length
of 21 feet including bumper overhang instead of 18 feet,
and that the width be increased to 2 or JQ feet for
parking lots that experience frequent turnover and not
for office building parking lots.
SP/Johnson responded to Mr. Zirbes that the
recommendation is a compromise to incorporate the
elimination of compact parking spaces within the City.
In addition, the intent of the provision is to avoid non-
conformity in creating additional spaces within an
existing parking lot.
Mr. Zirbes, referring to Item G. Maintenance of common
areas 3., suggested including common language to require
the developer to assist homeowners to form their own
association upon completion or sale of a certain number
of units.
Mr. Zirbes recommended that language be included in the
CC&R's to address view obstructing vegetation.
Mr. Zirbes asked for a definition of "considerable" as
indicated in the first sentence of Public Nuisance under
Definitions on Page III -95. He said he believes "one
person" could be considerable and.he indicated he would
like to recommend that "considerable" be stricken from
the sentence.
Mr. Pflugrath indicated he would consult the State Code
for language.
Mr. Zirbes asked that "exterior dilapidated conditions"
be defined (See C. Building maintenance on Page III -96
and other areas of the proposed code).
Mr. Pflugrath recommended that a general definition be
included on Page III -95.
AUGUST 19, 1997 PAGE 9 PLANNING COMMISSION
C/Fong returned to the meeting at 10:15 p.m.
Mr. Zirbes recommended that "forces" be changed to
"personnel" in the fifth line of b. Removal of the
dangerous condition(s) so that the line reads:
" ..isolate the dangerous condition(s), with the use of
City personnel or a contractor retained..."
Mr. Zirbes asked for discussion of "Garage Sale" within
the code.
Mr. Pflugrath recommended the addition of f. Garage sale
signs with notation for permitted size, hours and
placement under C. Temporary signs limited by size and
period of display on Page III -115.
Mr. Zirbes stated that future City Councils may chose to
be proactive. The Commission needs to provide the
Council with appropriate codes and language to allow
enforcement.
PLANNING COMMISSION ITEMS:
INFORMATIONAL ITEMS:
SCHEDULE OF FUTURE EVENTS:
As presented in the agenda.
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 10:40 p.m. to
6:00 p.m. August 26, 1997 in the South Coast Air Quality Management
Auditorium.
Respectfully Submitted,
Catherine Johnson
Acting Secretary
Attest:
=Joe Ru icka
Chairma
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 26, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 6:08 P.M. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Don Gravdahl.
ROLL CALL:
Present: Chairman Ruzicka, Vice Chairman Schad,
Commissioners Goldenberg, McManus and Fong
Also Present: Acting Planning Commission Secretary Catherine
Johnson, Associate Planner Ann Lungu and
CA/Jenkins.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of August 12, 1997.
VC/Schad moved, C/Goldenberg seconded, to approve the
minutes of August 12, 1997 as presented.
OLD BUSINESS: None
NEW BUSINESS - None
CONTINUED PUBLIC HEARING:
1. Draft Development Code (Zoning Code Amendment ZCA 97-1)
Article III - Site Planning and General Development
Regulations: Review of Article II — Zoning Districts and
Allowable Land Uses, and Article V - Subdivisions and the
Zoning Map.
Mr. Pflugrath continued with Article III presentation for
the Chapter entitled Tree Preservation and Protection
(Page III -129 thru III -136.
VC/Schad requested the second line of I. DBH (diameter at
breast height) on Page III -130 be changed to read:
11 ..feet at the lowest point of the natural grade etc."
Following discussion, the Commission concurred to change
the second line as follows: Omit "highest point of the
natural grade or" so that the second line reads:
11 ... feet at the existing grade adjacent to the trunk."
AUGUST 26, 1997 PAGE 2 PLANNING COMMISSION
VC/Schad requested that the first line of K. Protection
zone. on Page III -130 be changed to read as follows:
"The area within the drip line of a tree and extending to
a point at least 1,11 feet" instead of five feet.
Following discussion, the Commission did not concur to
accept VC/Schad's request.
C/McManus read the following and asked that it be entered
into the minutes verbatim:
Trees are a Danger in Diamond Bar
Expressing every goal, need, wish, or itch as a "right" -
either fundamental or inalienable - is almost mandatory
these days. Here is a newly discovered right: The
fundamental rights of trees and rocks. "Trees and rocks
have rights to their own freedom," said Michael
McCloskey, Chairman of the Sierra Club.
In Schiller's "William Tell", the rural Swiss realize
their ancient liberties are in danger when the new
bailiff rides up to accost one of them for the offense of
erecting a dwelling on his own land. "I am the Regent in
the Emperor's stead and will not have the peasants
building houses of their own will and living lives as
freely as if they were the masters in this country." The
Villagers fear before long, the new overlords will turn
their very forests and meadows into game preserves for
the amusement of courtiers from the city. She governs
best who governs least!
Today it is routine to. read of a landowner denied
permission to build a house, lay down a gravel path or
plant or trim a tree. Much of rural America is in open
revolt against the laws that require such permissions.
To thi day, neither special interest groups nor
governmental officials seem to understand the anger of
the landowners.
The laws and regulations pub in place to "save and
protect" fit a pattern. An item or some amenity is
identified that an affluent society might wish to buy
more of. The next step is to draft laws simply
commanding owners to preserve and protect it, often
barbed with criminal penalties. Once a person has shown
that swamps or trees are ecologically valuable, they have
proved the case for ordering the owners to maintain them
forever at whatever sacrifice. "The equivalent would be
for an admiral to say that because the U.S. needs a navy,
the government can take your land for dockyard without
paying you."
AUGUST 26, 1997 PAGE 3 PLANNING COMMISSION
It used to be that Uncle Sam would buy land when he
expanded a national park or set aside a wildlife refuge.
That is the method contemplated in the Bill of Rights,
whose Fifth Amendment reads in part, "nor shall private
property be taken for public use without just
compensation." Now officials have learned the trick:
Leave title with the owner and freeze use.
Absent physical invasion, there has been no taking,- so
not a dime is owed. Or that is what officials keep
arguing with a straight face.
The laws banning the trimming of trees, etc., are now
absurdly written and very loosely defined. Drafters of
regulations actually prefer vague prohibitions that force
landowners into negotiations in which the agency bargains
from strength. One result has been the transfer of power
and wealth to lawyers on both sides.
Having to pay for takings imposes both a pragmatic and a
moral discipline on those who wield power: "If you must
pay, then it forces thought about what is really valuable
and what is not. If the property is free, the outcome is
obvious: take everything you can get your hands on." As
for the moral side of things, well, trading is ethically
superior to stealing. "The pro -property forces should
stand firmly where they belong, on the moral high
ground."
VC/Schad requested that the first line of B. under Tree
Replacement/Relocation Standards on Page III -133 be
changed as follows: "Replacement trees shall be planted
at a minimum 4:1 ratio for residential properties
...etc." instead of a 2:1 ratio. Following discussion,
the Commission did not concur to accept VC/Schad's
request. Mr. Pflugrath pointed out that the last
sentence of paragraph B. gives the Director or Commission
the ability to grant exceptions and to require a greater
replacement ratio based upon considerations 1., 2. and 3
listed on Page III -134.
Mr. Pflugrath pointed out that E. Enforcement. 1. is
corrected to read as follows: "Any person who cuts,
damages, or moves a protected tree in violation of this
Chapter shall be deemed guilty of an infraction or a
misdemeanor in compliance with Section 22.XXX leaal
remedies."
Mr. Pflugrath responded to C/McManus that information
regarding legal remedies should be requested from the
City Attorney.
Chair/Ruzicka asked for public comment.
AUGUST 26, 1997 PAGE 4 PLANNING COMMISSION
Bob Zirbes said his first thought upon reading the
proposed Tree Preservation and Protection chapter was
that this item should be a ballot initiative. He said he
believes it would be difficult to impose these
overbearing and burdensome restrictions upon current
homeowners. He suggested that the Ordinance be applied
to new development/construction and recommended the
following exception be added as G. under Exemptions on
Page III -132: "Trees, except those designated by the
City Council as historical or cultural trees, located on
all developed properties prior to the adoption of this
ordinance."
John Forbing said that based upon the fact that he has
lived in Diamond Bar for 23 years and that he is
President of the Historical Society, he is fairly
familiar with the trees in the community. The City is
currently maintaining 10,000 trees. He pointed out that
the Eucalyptus trees at the Evangelical Free Church that
were planted by the Diamond Bar Ranch founder in 1927
were deemed historical through the permit process. He
indicated that he believes there are no additional
existing trees on the Diamond Bar Ranch that have any
significance with the exception of oak trees living in
undeveloped canyons. He stated that 1940's and 1950's
photographs of the Ranch do not show trees except for the
oak trees located on the north slope. The majority of
this Ranch was all open grassland used for grazing and
was not a tree lined area. The trees this community
enjoys today have been planted since 1960 when the first
homes were built. Every homeowner has planted trees of
their choice and maintained them as they choose. He
explained that he planted a weeping willow which overtook
his backyard and infringed upon his neighbors pool. As
a result, it was necessary to remove the tree. He said
he believes removal would not have been allowed as the
proposed code is written and does not know what recourse,
if any, his neighbor may have had. He stated that the
difficulty with a 4:1 ratio is that depending upon the
type of tree to be replaced, a residential back yard can
become a jungle. He concurred that Mr. Zirbes' exemption
recommendation should be considered by the Commission.
Don Gravdahl concurred with Mr. Zirbes and Mr. Forbing.
The homeowners have planted and cared for trees in
residential neighborhoods and will continue to do so
without imposing the proposed conditions. He said he
believes this portion of the proposed Development Code
will invite noncompliance and discourage future planting
of trees.
Todd Kurtin, developer, strongly supports tree
replacement and preservation of oaks and walnuts that are
on their property. He indicated that there is not
AUGUST 26, 1997 PAGE 5 PLANNING COMMISSION
sufficient room on his property for a 4:1 replacement and
such a ratio would insure failure. He said he believes
it is more important to preserve the replacement trees
than increase the number.
SP/Johnson reminded the Commission that the City
currently requires oak tree permits for the removal of
oak trees located on private property and asked if it is
the Commission desire to create regulations that are less
restrictive than the regulations that are currently in
place.
Chair/Ruzicka responded affirmatively.
C/McManus stated he would like for the City to
proactively distribute literature concerning the care of
trees to new homeowners.
The Commission concurred to request that staff add
language to the ordinance in accordance with C/McManus'
suggestion.
AP/Lungu reminded that Commission that properties under
development requiring a mitigation monitoring program as
part of the approval should be eliminated from the
proposed exemption.
Following discussion, the Commission concurred to add Mr.
Zirbes' recommended exemption as Item A. under Exemptions
on Page III -131 and revised the language as follows:
"Trees, except those designated by the City Council as a
historical or cultural tree, and trees required to be
preserved, relocated or planted as a condition of
approval of a discretionary permit, located on all
developed properties prior to adoption of this
Development Code."
TRANSPORTATION DEMAND MANAGEMENT (Page III -137 thru III -141)
Bob Zirbes asked for clarification of 4. Commuter
matching service. under B. Projects 50,000 square feet
and above. on Page III -140.
C/Goldenberg suggested that "capable of" be added to C.
Buspool. on Page III -137 so that it reads: "A vehicle
capable of carrying 16 or more passengers... etc."
C/Goldenberg recommended that the language of Item D.
Carpool and N. Vanpool be less stringent.
STANDARDS FOR SPECIFIC LAND USES ( Page III -142 thru III -166)
Chair/Ruzicka asked if the code can address view blockage
(See H. Workshops or studios on Page III -162) with
AUGUST 26, 1997 PAGE 6 PLANNING COMMISSION
respect to second story units without complicating the
issue.
Mr. Pf lugrath suggested the matter be included in the
Design Guidelines for Single Family Residential.
VC/Schad suggested that Table 3-xx on Page III -164 be
changed to reflect 5 feet instead of 3 feet for Required
setback under Single -Family Detached Homes Item 2 -
swimming pool, spa, fish pond, outdoor play equipment.
Bob Zirbes asked if "1,000 feet" could be increased to
2,000 feet in the third line of S. separation/measurement
on Page III -145.
CA/Jenkins responded that the number of feet is based
upon allowing a reasonable number of sites within the
City.
Mr. Pflugrath indicated he will review the matter with
staff to determine if 2,000 feet is a reasonable number.
CA/Jenkins responded to Mr. Zirbes that if an applicant
satisfies the distance requirements, adult businesses
must be allowed.
Mr. Zirbes stated he believes the distances requirements
should be as stringent as possible.
Mr. Pflugrath stated that CA/Jenkins indicated cities may
not limit adult businesses hours of operation and
therefore, 2. Hours of operation on Page III -144 will be
deleted from the Development Code.
CA/Jenkins responded to C/Goldenberg that the City would
have no recourse in assisting residents whose property
borders a neighboring. city which may allow an adult
business to be located within a shorter distance of the
property line because the use would be outside of the
City's jurisdiction. The property owner could attempt to
persuade the neighboring city to take steps to eliminate
such a facility or bring a nuisance abatement action
against the neighboring city, etc.
Mr. Zirbes asked that 3. Signs be referenced as IIQt
allowed if in a residential zone with respect to Child
Day-care Facilities on Page III -147.
Mr. Zirbes pointed out that ";and" should be deleted from
the end of 10. Parcel coverage and replaced by a period
AUGUST 26, 1997 PAGE 7 PLANNING COMMISSION
Responding to Mr. Zirbes, Mr. Pflugrath suggested that 5.
Family members only on Page III -152 be changed to
Residents only,
Martha Bruske said she is concerned about permitted
changes to single family residential homes (such as
relocation of air conditioners) that may distress the
neighbors. She reiterated her concerns about lack of
maintenance and attraction of rodents and insects in the
commercial recycling areas. She indicated she is
concerned about home based businesses. She has no
problem with people who work on computers in their homes
- she has a great deal of concern about business parking
on residential streets. She said she is concerned about
the aesthetics of second story additions.
John Forbing asked if the code addresses Day -Care
Facility parking and dropoff/pickup.
Mr. Pflugrath responded to Mr. Forbing that Chapter
addresses off-street parking and loading for residential
properties (See PROPERTY MAINTENANCE STANDARDS - Single-
family Standards on Page III -95 and III -96.
Mr. Forbing asked if Item 11. Sale and storage of
merchandise on Page III -152 will limit home businesses
such as Amway, Princess House, Mary Kay which require
distributor meeting and product pickup.
Mr. Pflugrath stated that the code allows for garage
storage of products and equipment as long as vehicle
parking is not prohibited. He indicated he will add
language to clarify this item.
Tom Van Winkle expressed his concerns about how the code
will address home based businesses.
RECESS:- Chair/Ruzicka recessed the meeting at 8:25 p.m.
RECONVENE: Chair/Ruzicka reconvened the meeting at 8:45 p.m.
CONTINUED PUBLIC HEARING: (Continued)
2. Vesting Tentative Tract Map No. 50314, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 (pursuant to Code Sections Title 21, and Title
22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests
to approve a 15 lot subdivision on approximately 44
acres. The average lot size will be 2.92 acres. Six of
the proposed lots are part of two approved tracts.
Therefore, VTTM 50314's development will result in a net
increase of 13 residential lots. The project site is
within Los Angeles County Significant Ecological Area No.
15. The Zone Change will convert the current zoning of
AUGUST 26, 1997 PAGE 8 PLANNING COMMISSION
R-1,200 and A-2-2 to R-1-40,000. (Continued from August
12, 1997.
Project Address: Southeast of the most southerly
intersection of Steeplechase
Lane and Wagon Train Lane.
Project Owner/Applicant: Kurt Nelson, Windmill
Development, 3480 Torrance
Boulevard, Suite 300, Torrance,
CA 90503
AP/Lungu explained that staff received a letter from Kurt
Nelson, Windmill Development Company, Inc. dated August
191 1997, requesting that the public hearing for VTM
50314 be continued to September 23, 1997.
Staff recommends that the Planning Commission open the
public hearing, receive comments, and continue the public
hearing to September 23, 1997.
Chair/Ruzicka reopened the public hearing.
There was no one present who wished to speak on this
item.
VC/Schad moved, C/McManus seconded, to continue Vesting
Tentative Tract Map No. 50314, Conditional Use Permit No.
96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to
September 23, 1997. The motion was carried 5-0.
3. Development Review No. 97-4 is a request (pursuant to
Section 22.72.020.A) to construct a 35,461 square foot,
two story industrial building to be utilized for
warehousing, assembly and associated office uses on a
78,442 square foot (1.8 acre) vacant site. (Continued
from August 12, 1997)
Property Location:
Property Owner:
Applicant:
Northeast corner of Lemon
Avenue and Lycoming Street
Lan Plus, Andy Teng, 17088 E,
Green Drive, City of Industry,
CA 91745
Kent Wu Architects, 1274 E.
Center Court Drive, Suite 211,
Covina, CA 91724
SP/Johnson presented staff's report. She requested that
Condition Q. on Page 5 of the Resolution be deleted. She
further requested that Condition I. on Page 6 be modified
to read: "Prior to final inspection, the applicant/owner
shall install a decorative masonry wall not less than 30
AUGUST 26, 1997 PAGE 9 PLANNING COMMISSION
inches and not greater than 42 inches in height parallel
and adjacent to the parking lot not closer than five feet
from the property line".
Staff recommends that the Planning Commission approve
Development Review No. 97-4, Findings of Fact and
conditions of approval as listed within the resolution.
Chair/Ruzicka reopened the public hearing.
Chang Lee, applicant's representative, said that Mr. Teng
is a resident of Diamond Bar and is a long-term developer
who will use the facility for his own business. He
indicated the applicant is concerned about the City's
imposition of a 10 foot dedication at this time and asked
that Conditions 4. F. and 5. X., Y., Z. be deleted at
this time. He said the applicant would like Condition
aa. documentation to be presented to the applicant for
consideration as soon as possible. He stated he believes
the applicant should be requested to participate in the
dedication along with other commercial residents when the
entire street is widened to 80 feet in accordance with
the City's General Plan. He said he believes that by
requiring a 10 foot dedication at this time, the property
owner should be compensated for the"taking". Mr. Lee
asked for clarification of "proportionate share" as
stated in Condition V.
Kent Wu, Architect, explained the proposed project using
plan drawings.
Mr. Wu responded to VC/Schad that the applicant will not
utilize rail shipments. All ingress/egress will be at
the Lycoming side of the structure. The business
transports equipment by UPS or Federal Express.
Mr. Wu asked for consideration of a greater number of
smaller than 48 inch box trees. He suggested 15 gallon
pepper trees at a 4:1 ratio.
Chair/Ruzicka asked if it is possible to widen Lycoming
Avenue to 80 feet east of the proposed project to Brea
Canyon Road.
SP/Johnson responded to Chair/Ruzicka that the dedication
is part of the developiment process •and a condition of
approval. The City's General Plan calls for Lycoming
Avenue to be widened from 60 to 80 feet between Lemon
Avenue and Brea Canyon Road. She indicated that
CA/Jenkins advises that if the applicant objects to the
10 foot dedication, staff should require that this item
be continued to allow for further analysis.
AUGUST 26, 1997 PAGE 10 PLANNING COMMISSION
Jeff Asay, Union Pacific Railroad staff attorney, stated
the railroad would like to sell the property. The
railroad is concerned that the applicant has newly
imposed conditions that may prevent the sale from
progressing in a timely manner. He indicated he is
hopeful that an agreement can be reached between the
applicant and the City within the next 30 days or so.
Mr. Asay responded to VC/Schad that he is not aware of a
storm drain on the property.
C/Fong stated he believes that the future developer of
the school property on the southwest corner of Lycoming
Avenue should carry the burden of a street .easement
dedication.
C/Goldenberg moved, C/McManus seconded, to continue
Development Review No. 97-4 to September 9, 1997. The
motion was carried 5-0.
4. Draft Development Code (Continued):
Paul Crawford, AICP, The Planning and Zoning Alliance,
presented Article V Subdivisions.
Bob Zirbes asked for the City's minimum residential lot
size.
SP/Johnson responded that the minimum residential lot
size is proposed to be 8,000 square feet.
Mr. Zirbes recommended a 10,000 square foot minimum
residential lot size.
Mr. Crawford indicated lot sizes will be discussed in
Article II.
Mr. Crawford responded to C/Goldenberg that Townhomes are
common interest developments and the Tentative Map and
Parcel Map process is employed for approval. Article
III's Multiple Family Design Guidelines and Standards
deal with multi -family housing such as Townhomes and
condominium projects.
C/Fong asked that "and Civil Engineer" be included at the
end of the first paragraph under Survey Procedure and
Practice on Page V-71.
PLANNING COMMISSION ITEMS - None
INFORMATIONAL ITEMS - None
SCHEDULE OF FUTURE EVENTS:
AUGUST 26, 1997 PAGE 11 PLANNING COMMISSION
As presented in the agenda.
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 10:05 p.m. to
6:00 p.m., September 2, 1997 in the South Coast Air Quality
Management Board Hearing Room.
Respectfully Submitted,
Catheri Johnson
Acting Secretary
Attest:
JeRu c
Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 23, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 7:07 p.m. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by City Engineer George Wentz.
ROLL CALL:
Present: Chairman Ruzicka, Vice Chairman Schad, and
Commissioners Goldenberg and McManus
Commissioner Fong arrived at 7:15 p.m.
Also Present: Deputy City Manager James DeStefano, City
Engineer George Wentz, Senior Planner
Catherine Johnson, Associate Planner Ann Lungu
and Planning Technician Susan Cole.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS = None
CONSENT CALENDAR:
1. Minutes of September 2, 6 and 9, 1997.
C/Goldenberg moved, C/McManus seconded, to approve the
September 2, 6 and 9 minutes as presented. The motion was
carried 4-0, with C/Fong being absent.
OLD BUSINESS - None
NEW BUSINESS: - None
CONTINUED PUBLIC HEARINGS:
1. Draft Development Code (Zoning Code Amendment ZCA 97-1)
Review of all Articles of the Draft Development Code and
Draft Design Guidelines.
Staff recommends that the Planning Commission continue
this item to its October 14, 1997 meeting.
Chair/Ruzicka opened the public hearing.
There was no one present who wished to speak on this
item.
Without objections, the Commission concurred with staff's
recommendation to continue Draft Development Code review
to its October 14, 1997 meeting.
SEPTEMBER 23, 1997, PAGE 2 PLANNING COMMISSION
2. Vesting Tentative Tract Map No. 50314, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 (pursuant to Code Sections Title 21, and Title
22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests
to approve a 15 lot subdivision on approximately 44
acres. The average lot size will be 2.92 acres. Six of
the proposed lots are part of two approved tracts.
Therefore, VTTM 50314's'development will result in a net
increase of 13 residential lots. The project site is
within Los Angeles County Significant Ecological Area No.
15. The Zone Change will convert the current zoning of
R-1,200 and A-2-2 to R-1-40,000. Continued from August
26, 1997.
Project Address: Southeast of the most southerly
intersection of Steeplechase
Lane and Wagon Train Lane.
Project owner/Applicant: Kurt Nelson, Windmill
Development, 3480 Torrance
Boulevard, Suite 300, Torrance,
CA 90503
Staff recommends that the Planning Commission reopen the
public hearing, receive testimony and continue the public
hearing to October 14, 1997.
Chair/Ruzicka reopened the public hearing.
Martha Bruske, 600 South Great Bend Drive stated her
concerns about project monitoring. She said she is
opposed to any development within the Significant
Ecological Area (SEA) No. 15.
DCM/DeStefano responded to Mrs. Bruske that this project
requires a Conditional Use Permit which if approved,
mandates specific oversight and conditions of the
development with reference to such items as hillside
slope construction, landscaping and environmental
mitigation. Conditional Use Permits are monitored
through a Mitigation Monitoring Plan (regular site visits
and reporting by staff and City consultants) that
generally lasts for five years after the project has been
approved and developed.
Kurt Nelson, project manager, confirmed his request to
have this item continued to October 14, 1997. He
explained that with respect to this project, native oak
trees that are contract grown from acorns gathered from
the project site's graded areas are reintroduced on-site
at a 2:1 replacement ratio.
C/Goldenberg moved, C/McManus seconded, to continue
Vesting Tentative Tract Map No. 50314, Conditional Use
SEPTEMBER 23, 1997, PAGE 3 PLANNING COMMISSION
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 to October 14, 1997. The motion was carried 5-0
with the following Roll Call vote:
AYES: COMMISSIONERS: Fong, Goldenberg, McManus,
VC/Schad, Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7. PUBLIC HEARING:
1. Conditional Use Permit No. 97-3 is a request (pursuant to
Code Section 22.56.010) to allow the sale of beer and
wine in an existing mini -mart at the Chevron Gas Station.
Property Address: 21324 Pathfinder Road, Diamond Bar,
CA 91765
Applicant: Mohamad Salimnia, 21324 Pathfinder
Road, Diamond Bar, CA
Property Owner: Chevron U.S.A., Inc., P.O. Box 285,
Houston, Texas 77001
PT/Cole presented staff's report. Staff recommends that
the Planning Commission approve Conditional Use Permit
No. 97-3, Findings of Fact and conditions as listed.
within the Resolution.
Chair/Ruzicka opened the public hearing.
Bob Zirbes said he is concerned about the proximity of
the proposed site to Diamond Bar High School and that he
is opposed to approval of Conditional Use Permit No. 97-
3. He said he is surprised that the Walnut Valley School
District and Sheriff's Department have signed off on this
item.
Martha Bruske urged the Commission not to support
Conditional Use Permit No. 97-3 because the site is too
close to the Diamond Bar High School.
Rivers Mcintoush said he is opposed to having beer and
wine sold in close proximity to Diamond Bar High School.
Marco Brambilla, 1021 S. Brand Boulevard, Glendale,
speaking on behalf of the applicant, spoke in favor of
the application.
Chair/Ruzicka closed the public hearing.
Following discussion, C/Goldenberg moved, VC/Schad
seconded, to direct staff to prepare a Resolution of
Denial for consideration at the Planning Commission's
SEPTEMBER 23,1997, PAGE 4 PLANNING COMMISSION
October 14, 1997 meeting. The motion was carried 5-0
with the following Roll Call vote:
AYES: COMMISSIONERS: Fong, Goldenberg, McManus,
VC/Schad,' Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
2. General Plan Amendment No. 96-1, Tentative Parcel Map No.
24646, conditional Use Permit No. 96-14 and Oak Tree Permit
No. 96-4 (pursuant to Code Sections Title 21 -Subdivision,
Hillside Management Ordinance No. 7 (1992) and Part 16-22.26
Oak Tree Permit). The subject request proposes to change the
General Plan land use designation for 5.88 acres within a 132
acre parcel located in a gated community identified as "The
Country Estates". The land use designation will change from
Open Space to Rural Residential. The remaining 126.12 acres
will continue as Open Space. The proposal includes:
subdividing the 5.88 acres into four lots, each a minimum of
one acre, for the eventual development of four single family
custom homes; the removal and replacement of oak and walnut
trees; and the removal of a map restriction.
Property Address: Easterly side of Blaze Trail across from
the intersection of timbertop Lane.
Property Owner/ Diamond Bar Country Estates Association,
Applicant: 22615 Lazy Meadow Drive, Diamond Bar,
California 91765
AP/Lungu presented staff's report. Staff recommends that the
Planning Commission open the public hearing, receive comments
on the Negative Declaration and project entitlements, and
continue the public hearing to October 14, 1997.
Chair/Ruzicka opened the public hearing.
Loren Phillips, project applicant's representative, explained
the proposed project to the Commission.
DCM/DeStefano stated the City received two letters of
oposition to the project from residents living on Indian Creek
Road, Diamond Bar.
Jan Dabney, Claremont, stated he is present representing
Assemblyman and resident Gary Miller's views. He said Mr.
Miller is not against the development of property that has map
restriction. However, he is against the development of this
specific parcel. It is Mr. Miller's opinion that all property
owners within "The Country Estates" would need to be in
agreement -in order for the project to proceed.
SEPTEMBER 23, 1997, PAGE 5 PLANNING COMMISSION
Gary Neeley, Diamond Bar Caucus Executive Director, said he
was also asked by Assemblyman Miller to speak in opposition to
this project. He indicated that a key element of the City's
General Plan is that the lifting of deed and map restrictions
would result in a significant benefit to the community. He
said he believes this project does not significantly benefit
the community.
Art O'Daley, Falcons View Drive, said he believes many
residents of "The Country Estates" are not aware of the
proposed project and because they are opposed to the lifting
of restrictions on Lots 60 and 61, would not agree to lifting
restrictions on the proposed site.
Dr. Peter Chung, Falcons View Drive, Vice President of "The
Country Estates" Board of Directors, said that due to the
recent CC&R changes, an overwhelming 90 percent of the
property owners voted for new facilities including the
proposed subdivision.
Chair/Ruzicka stated the Commission consensus is to request
"The Country Estates" Homeowners Association provide data to
substantiate Mr. Chung's claim.
Vargas Zeropian, Falcons View Drive, spoke in favor of the
project.
Donald Sizemore said he believes that if "The Country Estates"
wants to fix the road, they should pay for it and not invite
a developer to participate in trade-offs.
Mr. Phillips stated this project has been periodically
summarized in "The Country Estates" monthly newsletter.
Dr. Chung responded to C/Goldenberg that all homeowners of
"The Country Estates"' will participate in a final vote with
respect to approval of this project.
Following discussion, VC/Schad moved, C/McManus seconded, to
continue the public hearing to October 14, 1997. The motion
was carried 5-0 with the following Roll Call vote:
AYES: COMMISSIONERS: Fong, Goldenberg, McManus, VC/Schad,
Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
3. General Plan Amendment No. 96-2, Vesting Tentative Tract Map
No. 52267, Vesting Tentative Tract Map No. 52308, Conditional
Use Permit No. 96-13, Conditional Use Permit No. 96-16, Oak
Tree Permit No. 96-3 and Oak Tree Permit No. 96-5.
Pursuant to Code Sections Title 21 -Subdivision, 22.56.215 -Park
1 -Hillside Management Area, Hillside Management Ordinance No.
SEPTEMBER 23, 1997, PAGE 6 PLANNING COMMISSION
7 (1990 and 22.26 -Park 16-0ak Tree Permit, the project request
consists of the following:
3. a) VTTM No. 52267, Conditional use Permit No. 96-13 and
Oak Tree Permit No. 96-3 is proposed for 130 single family
detached residentila dwelling units clustered on approximately
65 acres of a 339.3 acre site. The development is proposed as
a private, gated community. Lots will range in size from
6,000 square feet to 26,000 square feet. The gross proposed
density is 0.4 dwelling units per acre with a net density of
approximately 2.06 dwelling units per acre; and
3. b) VTTM No. 52308, General Plan Amendment No. 96-2,
Conditional Use permit No. 96-16 and Oak Tree Permit No. 96-5
is proposed for 60 single-family detached residential dwelling
units clustered on approximately 36.7 acres of the 86.3 acre
site. The development is proposed as a private, gated
community. Lots will range in size from 8,000 square feet to
41,750 square feet. The gross proposed density is 0.7
dwelling units per acre with a net density of approximately
1.63 dwelling units per acre.
Additionally, the project includes a General Plan Amendment to
allow additional residential development in excess of 130
dwelling units within General Plan Planning Area 2, and the
removal of deed and map restricts and the potential for
acquisition of publicly owned property adjacent to Pantera
Park.
Property Address: VTTM No. 52267 is generally located east
of Diamond Bar Boulevard and north of
Grand Avenue. VTTM No. 52308 is
generally located northeast of Pantera
Drive and south of Bowcreek Drive. City
of Diamond Bar, California.
Applicant: SunCal Companies, 550 W. Orangethorpe
Avenue, Placentia, California 92806
DCM/DeStefano presented staff's report. He indicated that the
City received letters from John and Patricia McCaughin and
from the Munandar family stating their oposition to the
proposed project.
Chair/Ruzicka opened the public hearing.
Martha Bruske said she is opposed to a General Plan amendment.
She questionned whether the removal of a deed and map
restriction is ever in the best interest of the residents.
Hugh Clary, 24411 Deepsprings Drive, said he is concerned
about the effect of hillside view loss on his property value.
He asked whether replacement of the storm drain, if required,
may impact completion of Pantera Park. He further stated he
SEPTEMBER 23, 1997, PAGE 7 PLANNING COMMISSION
is concerned about the grading activity, increased traffic and
the effect of a gated community on the surrounding property
values.
John Clemons, 667 Boxcove Place, concurred with Mr. Clary's
comments. '
Michelle Hickey, 775 Leyland Drive, said she did not received
notice of the public hearing. She requested notices be sent
to residents in tracts that will be significantly effected by
this project especially in light of the fact that the project
proposes to change the City's General Plan. She indicated
that Bramalea promised the land would remain open space. At
this time, traffic on her street is unnaceptable.
Kwang Ho Lee, 23746 Goldrush Drive, said that traffic is
currently too heavy on Goldrush Drive and Diamond Bar
Boulevard. He wants the natural setting around Summitridge
Park preserved. He spoke about the disadvantages of a gated
community and asked the developer to find a more appropriate
location.
Al Perez, 703 Pantera Drive, said he and his neighbors did not
receive notice of this public hearing. Residents do not want
this development. He indicated he is opposed to amending the
City's General Plan and does not want this project approved.
Sam Saffari, 24075 Highcrest Drive, spoke about the adverse
effects of the proposed project with respect to traffic,
noise, pollution and aesthetics. He cited inconsistencies
between the project and the City's General Plan and Hillside
Management Ordinance. He stated the EIR does not provide for
mitigation of the biological losses. He referred to species
of animals he has seen in the proposed project area. He
indicated the reason that the traffic study for this project
states there is no significant impact is that the City's major
intersections are currently over capacity. He stated that
although gnatcatchers were not found to be present in the area
by the City's consultants, their food source is present. He
asked the Commissioners to fight for the citizens and deny the
proposal to build on one of the City's last natural hillsides.
Donald Sizemore spoke in support of a street connecting the
project to a regional bypass highway from Leyland Drive to
remove the traffic from the City's streets. He said a benefit
to the City would be to make the project an open (not gated)
community.
Bob Schwartz, 24038 Highcrest Drive, spoke about the
biological diversity in the area which he does not want
destroyed. He does not believe the proposed project is
consistent with the area and he is opposed to the development.
SEPTEMBER 23, 1997, PAGE 8 PLANNING COMMISSION
Ron Tehron, 745 View Lane, spoke in opposition to the project.
He said the City should initiate a plan to purchase the
property, maintain it as open space for the citizens and
insure an uninterrupted connection between Sycamore Canyon and
Summitridge Park.
Lydia Plunk said she does not support or oppose the project,
she favors the process. She encouraged the City to pursue a
regional bypass road.
Doug Heideman, 656 Benfield Place, said when he purchased his
property he was told there would be no development in the area
of the proposed project. He spoke about water problems he and
his neighbors experience from the project site.
Henry Barela, 661 Benfield Place, spoke about the loss of the
natural open space and his opposition to changing the City's
General Plan.
Ken Martinez, 772 South Farben Drive, stated that some years
ago, Los Angeles County Municipal Advisory Committee agreed
that.development should be kept away from the proposed area
and that the open space should be preserved for Diamond Bar
residents. He said he believes prior promises should be
honored.
Jan Freeze -Martinez, (the hawk lady of Diamond Bar), said she
moved here to enjoy the natural open spaces. She is very
concerned about the present level of traffic on the City's
streets and the additional impact the proposed project will
have on the community.
Andrew Wang, 23505 Goldrush Drive, stated his concerns about
traffic on City streets. He asked the Commission to honor the
City's General Plan.
Rivers Mcintoush, 23515 E. Grand Rim Court, said he was told
by Transamerica when he bought his home that the proposed
project site would be kept as open space. He spoke about
traffic on City streets.
Ed MacDonald, 23417 Wagon Trail Road, said he believes enough
information has been presented to stop this project. He spoke
about his concerns regarding potential. slope failure as a
result of this project.
Paul Diebold, 23346 Wagon Trail Road, said he believes the
proposed gated community is inappropriate at this location
because it will prevent connection between areas of the City.
He suggested that as a part of the proposed project the City
consider improvements to the intersection of Tin Drive and
Diamond Bar Boulevard to mitigate site safety concerns. He
expressed his enthusiasm for the City's potential opportunity
to obtain permanent open space and a connection between
SEPTEMBER 23, 1997,
PAGE 9 PLANNING COMMISSION
Summitridge Park and Sycamore Park. Although he has
reservations about the proposed project, he is open to
consideration of trade-off's and consistency with the General
Plan.
David Kersey, 23403 E. Wagon Trail Road, said he believes that
the EIR contains misstatements, inaccurate information and
lack of information with respect to impacts to schools,
traffic counts, demographics and tree replacement mitigation.
Who will reimburse residents for loss of views for which they
paid a premium when they purchased their homes? What
guarantees do residents have that as a result of this project
they will -not be subjected to landslides, traffic congestion
and noise?
Danielle Torres, 23411 Wagon Trail Road, spoke about
overcrowding of school classrooms and related impact to the
children of the community. She recommended the proposed site
be used as a park setting for nature classes.
Katherine Box, 927 Pantera, said she was appalled that she did
not receive notice of public hearing for this proposed
project. She is opposed to gated communities because it will
adversely effect surrounding property values and traffic in
the area. She stated she bought in Diamond Bar to enjoy its
tranquility. Pantera Park construction is adversely effecting
her environment and she cannot imagine living through the
construction of the proposed project. She requested that the
Planning Commission act to protect the interests and concerns
of the residents of Diamond Bar.
Mr. Saffari announced that over 100 signatures were collected
this evening.
vC/Schad moved, C/McManus seconded, to continue the public
hearing to October 14, 1997. The motion was carried 5-0 with
the following Roll Call vote:
AYES: COMMISSIONERS: Fong, Goldenberg, McManus, VC/Schad,
Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
The Commission concurred to direct staff
to e dne ticesh f
the October 14, 1997 public hearing toproperty
a 2,000 foot radius of the prop project.
j
PLANNING COMMISSION ITEMS: vC/Schad thanked the audience
participants.
C/Fong thanked staff and the Commissioners for their expressions of
concern for his well being.
SEPTEMBER 23, 1997, PAGE 10 PLANNING COMMISSION
Chair/Ruzicka thanked the audience members for their participation
in tonight's meeting.
INFORMATIONAL ITEMS - None
SCHEDULE OF FUTURE EVENTS:
As scheduled.
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 11:13 p.m. to
Tuesday, October 14, 1997 at 7:00 p.m. in the South Coast Air
Quality Management District Auditorium.
Respectfully Submitted,
Deput ity Ma ger James DeStefano
Attest:
Joe Ruzicka
Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
OCTOBER 14, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 7:08 p.m. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by River McIntoush.
ROLL CALL:
Present: Chairman R-uzicka, Vice Chairman Schad, and
Commissioners Fong, Goldenberg and McManus
Also Present: Deputy City Manager James DeStefano, Senior
Planner Catherine Johnson, Associate Planner
Ann Lungu and Planning Technician Susan Cole.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Bob Zirbes, Diamond Bar
Improvement Association, asked the Planning Commission to
reschedule its October 28, 1997 meeting in order for the
Commission's three City Council candidates to participate in the
Diamond Bar Chamber of Commerce forum.
Sam Saffari spoke about the withdrawn SunCal project (agenda Item
6.1). He asked the Planning Commission to establish a moratorium
on single family residential developments in the City of Diamond
Bar.
Chair/Ruzicka asked that the record reflect that Mr. Saffari was
allowed additional speaking time for purposes of this item.
River McIntoush talked about the large amount of traffic on the
City's streets.
Gary Neeley, Executive Director, Diamond Bar Caucus, stated that
with respect to agenda Item 6.2, he received information that a
Planning Commissioner's wife is working for Windmill Development.
He said he knows for a fact that Mr. Schad has, in fact,
participated in the discussion regarding this project. If a
regional bypass road was built around Tonner Canyon, it would be
financed using Windmill Development monies. He indicated he
anticipates a prosecutable conflict of interest in this instance.
He said he would like to know if this particular Commissioner's
wife does work for the developer. He stated he has asked the
Commissioner through City On -Line and he has refused to answer.
Mr. Neeley said that if the information is true, he feels the
Commissioner who has spoken against building in Tonner Canyon and
against building a regional bypass road should recuse himself from
discussions regarding the project.
DCM/DeStefano responding to public comment, stated that the SunCal
project has been withdrawn by the applicant. If the applicant
10/14/97 Verbatim Gary Keeley Planning Commission Public
Comments:
Keeley: "Good Evening. My name is Gary Keeley. I'm the
Executive Director of the Diamond Bar Caucus. Our offices are at
1155 S. Diamond Bar Boulevard, Suite R, Diamond Bar, CA. It came
to my attention recently that, well, first of all, there's an
item on your agenda, number 6.2 that discusses a project in
Tonner Canyon that I understand is going to have a continuance on
it this evening. But before that happens, before you get to that
agenda item if you are going to have a continuance I'd like to
discuss that at this point in time, much like they're discussing
SunCal because there's going to be a continuance there. Is that
okay?"
Ruzicka: "Fine with me, Mr. Neeley."
Keeley: "Recently I received some information that said that one
of the wives of one of your colleagues is working for that
developer. I know for a fact that this particular Planning
Commissioner, Mr. Schad, has, in fact, participated in the
discussion regarding this project. This project is the only
development in Tonner Canyon. Mr. Schad of course, is well, known
for his ""save Tonner Canyon"" diatribes. The gentleman before
me talked about the problem that we're having with traffic. I
think we all know, who have been around for awhile, that if we
were fortunate enough to get a regional bypass road around Tonner
Canyon that it would, in fact, and it has been professionally
documented, that it takes 30,000 cars a day off the surface
streets of Diamond Bar. We're talking Diamond Bar Boulevard and
Grand Avenue, the very problem this gentleman (Mr. McIntoush and
Mr. Saffari) was just talking about - 30,000 cars a day. If, in
fact that road was built in or around Tonner Canyon, it would
have to be financed through developer fees. Developer fees for
those developers who are developing in Tonner. Canyon. The very
same people that are employing one of your board member's wives.
The very board member who has spoken against not only building in
Tonner Canyon but building this road. I see a direct conflict of
interest- here. A prosecutable conflict of interest here. I'd
like to know whether this particular Planning Commissioner's wife
does truly work for this developer. I've asked him in a public
forum on city on-line and he's refused to answer me. I find
myself, I don't normally like to come down to the microphone and
participate in this manner, but I can't get an answer any other
way. Mr. Chairman, could you determine an answer to that
question and whether or not your colleague there has a conflict
of interest. I think it is that important. We need to solve the
traffic problem and having somebody whose wife is being paid by
the only developer in Tonner Canyon stand up and stop the
solution to our traffic problem and piously cry ""save Tonner
Canyon"" in his next breath is just appalling to me. Could you
find out the answer to that question for me, Mr. Chairman?"
Ruzicka: "Thank you very much, Mr. Neeley."
OCTOBER 14, 1997
PAGE 2 PLANNING COMMISSION
chooses to reapply, property owners surrounding the proposed
development will be noticed via the public hearing notice
procedure.
DCM/DeStefano indicated that issues related to traffic impacts
effecting Diamond Bar are largely a result of neighboring city
buildouts. The City continues to mitigate the cumulative effect of
projects within adjacent communities such as Chino Hills and the
City of Industry.
DCM/DeStefano stated that from time to time, Planning Commissioners
and City Council Members may have a conflict of interest on a
particular project. They are responsible for disclosing the
conflict of interest with legal counsel and for recusing themselves
from any discussion and decision making process related to the
project. Commissioners, Council Members and staff receive regular
updates regarding the status of the law regarding conflict of
interest issues. Questions should be forwarded to the City
Attorney.
C/McManus asked if since Mr. Schad has already sat through two
hearings on the Windmill Development project, I believe we have a
right to know if, in fact, there is a conflict of interest or not,
and if his wife is in the employ of JCC or one of their associates,
then we have a right to know.
CONSENT CALENDAR:
1. Minutes of September 23, 1997.
2. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. 97-3, A REQUEST
TO ALLOW THE SALE OF BEER AND WINE IN AN EXISTING MINI -MART AT
THE CHEVRON GAS STATION AT 21324 PATHFINDER ROAD, DIAMOND BAR,
CALIFORNIA.
C/Goldenberg moved, C/McManus seconded, to approve Consent
Calendar Items 1.1 and 1.2. The motion was carried 5-0 with
the following Roll Call vote:
AYES: COMMISSIONERS: Goldenberg, McManus, Fong,
vC/Schad, Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Following discussion regarding
Commission meeting, the Commission
matters to October 27, 1997.
OLD BUSINESS - None
NEW BUSINESS: - None
CONTINUED PUBLIC HEARINGS:
the October 28, 1997 Planning
concurred to continue unresolved
OCTOBER 14, 1997 PAGE 3 PLANNING COMMISSION
1. General Plan Amendment No. 96-2, Vesting Tentative Tract
Map No. 52267, Vesting Tentative Tract Map No. 52308,
Conditional Use Permit No. 96-13, Conditional Use Permit
No. 96-16, Oak Tree Permit No. 96-3 and Oak Tree Permit
No. 96-5. Pursuant to Code Sections Title 21 -
Subdivision, 22.56.215 -Part 1, Hillside Management Area,
Hillside Management Ordinance No. 7 (1992) and 22.26 -Part
16 -Oak Tree Permit, the project request consists of the
following:
a) VTTM No. 52267, Conditional use Permit No. 96-13 and
Oak Tree Permit No. 96-3 is proposed for 130 single
family detached residential dwelling units clustered on
approximately 65 acres of a 339.3 acre site. The
development is proposed as a private, gated community.
Lots will range in size from 6,000 square feet to 26,000
square feet. The gross proposed density is 0.4 dwelling
units per acre with a net density of approximately 2.06
dwelling units per acre; and
b) VTTM No. 52308, General Plan Amendment No. 96-2,
Conditional Use permit No. 96-16 and Oak Tree Permit No.
96-5 is proposed for 60 single-family detached
residential dwelling units clustered on approximately
36.7 acres of the 86.3 acre site. The development is
proposed as a private, gated community. Lots will range
in size from 8,000 square feet to 41,750 square feet.
The gross proposed density is 0.7 dwelling units per acre
with a net density of approximately 1.63 dwelling units
per acre.
Additionally, the project includes a General Plan
Amendment to allow additional residential development in
excess of 130 dwelling units within General Plan Planning
Area 2, and the removal of deed and map restricts and the
potential for acquisition of publicly owned property
adjacent to Pantera Park.
Property Address: VTTM No. 52267 is generally located
east of Diamond Bar Boulevard and
north of Grand Avenue. VTTM No.
52308 is generally located northeast
of Pantera Drive and south of
Bowcreek Drive. City of Diamond
Bar, California.
Applicant: SunCal Companies, 550 W.
Orangethorpe Avenue, Placentia,
California 92806
The Developer has requested that the project be
withdrawn. Staff recommends that the letter of
withdrawal be received and filed.
OCTOBER 14, 1997 PAGE 4 PLANNING COMMISSION
C/McManus addressed Mr. Saffari's comments regarding this
project as follows: "Yes, Mr. Safarri, you started out
talking about the honesty, candor and forthrightness of
the City. I have a flyer here that was printed up and
passed out in your neighborhood that has some gross
misrepresentations in it. It says here ""last chance -
last hearing I'll and it keeps hammering on that same thing
- last chance, last hearing and that was for the last
meeting which is, in fact, the first chance and the first
hearing. Some people who live up there also told me that
they understood SunCal bought that property for $ 50,000.
that
I will tell you right now that if y an g
property for $150,000, I will buy it and donate it to the
City. No problem. So there's a lot of gross
misrepresentations that are going on within your own
group. Also, you asked why the announcement was sent out
- the yellow sheet - since there was no announcement that
it was being continued. It was announced here at a
public meeting. Therefore, we had to send that
announcement out. The City had to send to send that
announcement out. And I believe, and Mr. DeStefano can
confirm this, the piece of property that you're talking
about, the big piece of property, at the point in time
that it was sold, was sold with a Memorandum of
Understanding in place which means that whoever bought it
had a right to develop it under certain constraints. You
said something about 65 homes. The one I read said 130.
I will defer to Mr. DeStefano to answer that. But they
have a legal right, when they bought the property it was
already approved, to develop that part of it. And the
property is in private hands. Would you want somebody to
come in and say okay, we're going to take your land away
and destroy your home because we want a park here. Think
about that. I happened to have lived here for 18 y
And I live right off Grand Avenue. So Mr. McIntoush, you
talk about the traffic, I hit it every morning. And it
takes me sometimes - I have a business here in Diamond
Bar - and it's less than a mile away from my home. It
sometimes takes me 15 minutes to get home in the evening.
When they wanted to broaden that corner - widen Diamond
Bar and Grand - I was unalterably opposed to it. I feel
if you build wider lanes then you bring more traffic and
sure enough, it did. But most of that traffic does come
from out of the community. Now we need to work on
something to resolve that specific problem - to get that
traffic from other communities off of our streets. And
long before we became a City, a bypass cut -through Tonner
Canyon was proposed. And I remember the Highway Patrol
coming down to a municipal advisory counsel meeting that
they had done a study that (concluded) the minute Grand
Avenue was opened, it would be at 110 percent capacity.
So we knew it before we were incorporated. So, a .
Fong is pointing out, a lot of that flows from past
leadership - the mistakes they made, shortsightedness,
all that sort of thing. And we don't want, and I don't
OCTOBER 14, 1997 PAGE 5 PLANNING COMMISSION
want those hills developed either, in all candor. I
would rather see it all remain open space. But, somebody
has invested money in it. And if we can't reimburse them
for it, we need to find an amicable solution. Some way
to work it out."
C/McManus continued: "And I do believe with all my heart
and soul that Mr. Schad owes an explanation to the
Community of Diamond Bar about his wife working for a
developer that has a project down here."
The Commission concurred to receive and file the
applicant's letter of withdrawl.
2. Vesting Tentative Tract Map No. 50314, Conditional Use
Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change
96-1 (pursuant to Code Sections Title 21, and Title
22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests
to approve a 15 lot subdivision on approximately 44
acres. The average lot size will be 2.92 acres. Six of
the proposed lots are part of two approved tracts.
Therefore, VTTM 50314's development will result in a net
increase of 13 residential lots. The project site is
within Los Angeles County Significant Ecological Area No.
15. The Zone Change will convert the current zoning of
R-1-20,000 and A-2-2 to R-1-40,000. Continued from
August 26, 1997.
Project Address: Southeast of the most southerly
intersection of Steeplechase
Lane and Wagon Train Lane.
Project Owner/Applicant: Kurt Nelson, Windmill
Development, 3480 Torrance
Boulevard, Suite 300, Torrance,
CA 90503
Due to the applicant's request for a continuance to
October 28, 1997, staff recommends that the Planning
Commission continue the public hearing to October 27,
1997.
Chair/Ruzicka reopened the public hearing.
Gary Neeley asked VC/Schad if his wife is now or ever has
been employed by the project developer.
VC/Schad responded "NO".
C/McManus moved, C/Fong seconded, to continue Vesting
Tentative Tract Map No. 50314, Conditional Use Permit No.
96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to
October 27, 1997. The motion was carried 5-0.
OCTOBER 14, 1997 PAGE 6 PLANNING COMMISSION
3. General Plan Amendment No. 96-1, Tentative Parcel Map No.
24646, conditional Use Permit No. 96-14 and Oak Tree
Permit No. 96-4 (pursuant to Code Sections Title 21 -
Subdivision, Hillside Management Ordinance No. 7 (1992)
and Part 16-22.26 Oak Tree Permit). The subject request
proposes to change the General Plan land use designation
for 5.88 acres within a 132 acre parcel located in a
gated community identified as "The Country Estates". The
land use designation will change from Open Space to Rural
Residential. The remaining 126.12 acres will continue as
Open Space. The proposal includes: subdividing the 5.88
acres into four lots, each a minimum of one acre, for the
eventual development of four single family custom homes;
the removal and replacement of oak and walnut trees; and
the removal of a map restriction.
Property Address: Easterly side of Blaze Trail across
from the intersection of Timbertop
Lane.
Property Owner/ Diamond Bar Country Estates
Association,
Applicant:
22615 Lazy Meadow Drive, Diamond
Bar, California 91765
Staff recommends that the Planning Commission continue
the public hearing on General Plan Amendment No. 96-1,
Tentative Parcel Map No. 24646, Hillside Management
Conditional Use Permit No. 96-14 and Oak Tree Permit No.
96-4 to January 27, 1998.
Chair/Ruzicka opened the public hearing.
Art O'Daly asked if the Planning Commission received the
requested information regarding "The Country Estates"
Homeowners Association survey. He asked if there is a
reason this item is being continued to January 27, 1998.
DCM/DeStefano explained that the applicant requested this
matter be continued to January 27, 1998.
AP/Lungu responded to C/Fong that the applicant indicated
that approximately 300 homeowners were surveyed. Of
those who responded, 80 percent were in favor of
proceeding with the development by obtaining revenue from
the project's sale to build new recreationalfacili ies,
and 20 percent were in favor of a personal
a
Frank Shu spoke in favor of the project.
C/McManus moved, vC/Schad seconded, to continue General
Plan Amendment No. 96-1, Tentative Parcel Map No. 24646,
Conditional Use Permit No. 96-14 and Oak Tree Permit No.
96-4 to January 27, 1998. The motion was carried 4-1
with the following Roll Call vote:
OCTOBER 14,
1997 PAGE 7 PLANNING COMMISSION
COMMISSIONERS: McManus, vC/Schad, Goldenberg,
AYES: Chair/Ruzicka
NOES: COMMISSIONERS: Fong
ABSENT: COMMISSIONERS: None
4. Draft Development Code (Zoning Code Amendment 2CA 97-1
Review of all
and Negative Declaration No. 97-3). Draft Subdivision
Articles of the Draft Development Code,
Code, and Draft Design_ Guidelines.
DCM/DeStefano
explained
f e that the Subdivision et
presented at auturCmmissionmeeting as a separate
document.
Chair/Ruzicka reminded staff that the following items
were discussed and agreed upon by the Commission: AA_u_
Businesses the Commission concurred
thad e codlade
should be the most restrictive code p
ermitteSigns - that signs should include the maximum amount of
English permitted under the law; View Protection - the
Commission concurred that theLagua and n with ch ordinance
rd respect as
appropriate to Diamond Bar;
Preservation and Protection, Item A. under Exemptions on
Page III -131 was revised to the following languagereese (See
August 26, 1997 Planning Commission minutes):
except those designated by the City Council as a
historical or cultural tree, and trees required to be
preserved, relocated or planted as a condition of
approval of a discretionary permit, located on all
developed properties prior to adoption of this
Development Code."
Sp/Johnson presented the updated Draft Development Code
and explained the document revisions.
C/Goldenberg said he believes the Commission agreed to
require 4" inch digits with respect to
ddI ess Add tional
(Article III - Page 117, Table 3-X, Se
Requirements").
411
DCM/DeStefano responded to Chair/Runic portion of a that e the
requirement does not effect any other p
Development Code.
C/McManus asked about the standard required for curbside
digits.
uire
Following discussion, the Commission concurred c mmercial
9'0" x 19'0" (nine feet by nineteen feet) parking
parking spaces with no provisions for compact p
spaces.
Bob Zirbes said he supports the Commission's
recommendation for larger parking stalls.
OCTOBER 14, 1997 PAGE 8 PLANNING COMMISSION
Ed MacDonald suggested that
10 foot residential side
additional on-site parking.
the Commissioner consider a
yard setback to allow for
DCM/DeStefano referred Mr. MacDonald to Page II -ii of the
proposed Development Code. The table suggests a minimum
residential side yard setback of five (5) feet on one
side and 10 feet on the other side with a minimum
requirement of 15 feet between dwelling units. In
addition, a minimum three (3) feet safety clearance is
required.
C/Fong asked that cross-references - pages to figures and
figures to pages - be cited in connection with (Figures).
ie, Page III -13, 22.16.090 Setback Regulations and
Exceptions 4. b., last line (Figure 3-3).
C/Fong asked that dimensions be included in the Figures.
ie, figure at the top of Page III -14 appears to lack an
indication of a five (5') Imaginary Rear Property Line
setback.
C/Fong asked that the following be in Paragraph 4.under
B. Grading standards on Page III -44: "Exploratory
trenches and access roads should be properly backfilled
and erosion treatment and revegetation be provided." The
Commission concurred.
C/Fong asked that ", except individual detached single-
family residences" be removed from the first sentence of
A. under Applicability on Page III -65. The Commission
concurred.
C/Fong again discussed Paragraph A. under 22.38.060
Exemptions on Page III -148. Following discussion, the
Commission referred to the August 26, 1997 minutes which
state the Commission's concurrence that the language read
as follows: "Trees, except those designated by the City
Council as a historical or cultural tree, and trees
required to be preserved, relocated or planted as a
condition of approval of a discretionary permit, located
on all developed properties prior to adoption of this
Development Code."
VC/Schad asked that consistent with the General Plan,
"arroyo" be included in Paragraph B. under 22.38.030 -
Protected Trees so that it reads: "Native oak, walnut,
sycamore, arroyo willow, and naturalized California
Pepper trees with a DBH of eight inches or greater."
DCM/DeStefano responded that staff will check the
paragraph and advise if the insertion is appropriate.
The Commission concurred with C/Fong to change the second
sentence of the second paragraph entitled DBH under D.
OCTOBER 14, 1997 PAGE 9 PLANNING COMMISSION
Definitions, "D". to read as follows: 'The diameter of
a tree trunk measured in inches at a height of 4.5 feet
at the average point of the natural grade, etc."
VC/Schad again asked that Paragraph 3, Item B. under
22.38.130 - Tree Replacement Relocation Standards be
changed to include certified arborist.
DCM/DeStefano referred VC/Schad to the Definitions
Chapter Article VI, Page VI -5 of the Development Code.
C/Goldenberg reminded the Commission that it had
requested staff to provide them with a copy of the Laguna
Beach View Protection Ordinance for possible adoption.
DCM/DeStefano responded that the matter was most recently
discussed by the Laguna Beach City Council on October 7,
1997 for first reading of the Ordinance. The council was
concerned that the proposed ordinance was a potential
"bureaucratic nightmare". He indicated staff will review
the matter and present the Commission with an update at
its October 27, 1997 meeting.
VC/Schad moved, C/McManus seconded, to continue the Draft
Development Code, Draft Citywide Design Guidelines, and
Negative Declaration No. 97-3, and, if appropriate, adopt
the Resolutions recommending City Council.approval, and
continue the Hearing Subdivision Code review to October
27, 1997.
PUBLIC HEARING - None
PLANNING COMMISSION ITEMS:
DCM/DeStefano responded to C/Goldenberg that due to VC/Schad's
request for information regarding the Department of Fish and Game's
Code 1600 Permitting Process, as is customary, copies were provided
to all Commissioners.
INFORMATIONAL ITEMS:
DCM/DeStefano reported that at its October 7, 1997 meeting, the
City Council approved distribution of a bid package for
construction of traffic signals at Golden Springs Drive at
Calbourne Drive, and Diamond Bar Boulevard at Palomino Drive.
DCM/DeStefano stated he approved two new residential construction
projects for JCC Development and a residential addition within "The
Country Estates".
DCM/DeStefano indicated that the Traffic and Transportation
Commission is continuing to pursue the School Traffic Study.
DCM/DeStefano revealed that at its October 7, 1997 meeting, the
City Council agreed to appoint two City Council Members, two Parks
OCTOBER 14, 1997 PAGE 10 PLANNING COMMISSION
and Recreation Commissioners, and two members from each school
district to a Parks Master Plan priority and funding implementation
plan subcommittee.
DCM/DeStefano reported that the California Legislature approved and
the Governor signed Assembly Bill 1226 co-sponsored by Assemblyman
Miller which allows Diamond Bar to receive an additional two year's
subvention which amounts to approximately $2,000,000.
SCHEDULE OF FUTURE EVENTS as listed in the agenda.
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 10:02 p.m. to
Monday, October 27, 1997 at 7:00 p.m. in the South Coast Air
Quality Management District Auditorium.
Respectfully Submitted,
James DeStefano, Secretary
Attest:
Joe Ruzicka
Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
OCTOBER 27, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 7:17 p.m. in the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Commissioner Fong.
ROLL CALL:
Present: Chairman Ruzicka, and Commissioners Fong,
Goldenberg and McManus
vice Chairman Schad arrived at 7:25 p.m.
Also Present: Deputy City Manager James DeStefano, Senior
Planner Catherine Johnson, Associate Planner
Ann Lungu and Planning Technician Susan Cole.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
CONSENT CALENDAR:
1. Minutes of October 14, 1997. This matter was continued to
November 12, 1997.
OLD BUSINESS - None
NEW BUSINESS:
1. Planned Sign Program No. 97-2 is a request for two wall
mounted identification signs at the Countryside Suites.
Property Location: 21951 Golden Springs Drive, Diamond
Bar, CA
Property owner/ Ayres Holding Group, 355 Bristol
Applicant: Street #A, Costa Mesa, CA 92626
PT/Cole presented staff's report. Staff recommends that the
Planning Commission approve Planned Sign Program No. 97-2,
Findings of Fact and conditions as listed within the
resolution.
Chair/Ruzicka asked if the sign application will come before
the Planning Commission at a later date.
DCM/DeStefano responded that the sign application does not
need to come before the Planning Commission according to the
standards in the Sign Code.
Chair/Ruzicka asked if this sign or any future signs will have
any detrimental effect on the residents of homes on the ridge
OCTOBER 27, 1997 PAGE 3 PLANNING COMMISSION
Commission then it stands to reason that if he would do it
once he might do it other times. Therefore, any decision that
he might be involved in that this Commission might make would
be tainted. And if in fact they find him guilty of it, then
any decisions that we may make may be up for reversal in the
event that someone should want to do that. I don't think we
need to do that to any of the people in this community."
Chair/Ruzicka: "Are there any additional comments from
Commissioners?"
C/Goldenberg: "Mr. Chairman, I have no doubt in my mind that
Mr. Schad is doing whatever he is doing that he feels is in
the best interest of this community. I have a problem only
with respect to the fact that the community, City Council and
administration is going to look at any decision that we make
as a possible tainted decision because of the conditions that
surrounds Mr. Schad's allegations. Whether they are true or
not is immaterial at this time. The problem is that all of us
are going to be put in that light. And I don't think the
other four Commissioners should be subject to that type of
scrutiny, and I would respectfully request that Commissioner
Schad temporarily remove himself from the dais until the
matter is cleared up."
Chair/Ruzicka: "Vice -Chairman Schad, did you have anything to
respond to these allegations?"
Vice -Chairman Schad: "I have nothing to respond at this
time."
C/Goldenberg: "Mr. Chairman, if we're about to take a vote on
an item not necessarily pertaining to this subject, do you not
feel that the outcome of that vote is going to be possibly
tainted with the participation of a Commissioner that has this
cloud hanging over him? And that's my concern at this time.
Not necessarily what it does for us that are sitting up here,
but our reputations in the community and the decisions that we
make have to have the trust of the community. I find it real
difficult to continue on with this if these are the
allegations that are going to be sitting there. Perhaps, if
Mr. Schad would like to hear from anybody in the audience to
support his contention, he may want to consider bringing
someone up and let them speak as to the possibility of
impropriety."
C/Fong: "This issue right here is kind of a surprise to me.
I wasn't aware of this discussion right here. I understand
from the last Planning Commission meeting about the allegation
about Vice Chairman Schad might have taken money from a
developer, etc. That's something I couldn't prove myself and
I have not investigated myself personally what has happened
and tonight we have an issue right here on a sign that is a
very simple matter and I don't understand how Mr. Schad's
allegation is connected with this little simple issue here -
how it could taint our decision. I understand he should be up
OCTOBER 27, 1997 PAGE 4 PLANNING COMMISSION
here with integrity to vote on matters. I guess for us as far
as we're concerned, we each here have our own conscience and
we're doing what we believe is right. And we're acting at the
highest honor we can for the City's benefit. And whether Mr.
Schad wants to vote on this issue or not is up to him. He has
to decide whether he wants to do it or not. But it should not
really effect you or I or anyone up here. Otherwise, it could
effect any of us. I just feel like right now..."
Chair/Ruzicka: "As the Chairman, I just want to make sure
that you understand where the discussion is right now. The
discussion is as to the validity of this Commission as a
whole. we have a responsibility to the people of this City to
make sure that our decisions are made under no cloud. And I
believe that when one Commissioner is under a cloud it
reflects on the rest of us. In the end, the more important
thing is that it reflects on all of the decisions that we make
after that cloud has been recognized and brought forward. And
that's what we're trying to determine here. Any decisions
that we make now with Mr. Schad's vote included, could
possibly be questioned later on and we don't want that.
Especially in view of the very important work that we're doing
over and above the current issue that is facing us."
C/Fong: "What I'm saying here is that we're not up here to be
judgmental of any person up here. We're not up here to judge
any allegations that Mr. Schad is guilty. I think it's up to
him whether he wants to vote on this or not. But I don't
think we should feel what he did, whether it's right or wrong,
would have an effect on us personally or on this Commission.
I think we're taking this little matter here and making a big
deal out of it."
C/McManus: "Unfortunately, the community doesn't view it that
way. They view it that if one of us is taking money from a
developer then all of us could be. And if you take it from.
one you might be taking it from all of them. So it does
reflect because I've already had a lot of telephone calls and
questions about this and so I've done some investigation on my
own. If nobody would really mind, I really hate to do this,
but I'd like to ask Mr. (Kurt) Nelson to come down. I'd like
to ask him a question."
Chair/Ruzicka: "Mr. Nelson."
Mr. Nelson approached the podium.
C/McManus: "Mr. Nelson, has you or your company, or any of
your associates ever had Mrs. Schad or any family member of
Mr. Schad's in their employ in the last year?"
Mr. Nelson: "Yes, we have."
C/McManus: "Thank you."
OCTOBER 27, 1997 PAGE 5 PLANNING COMMISSION
C/Goldenberg: "Mr. Chairman, if
sitting within this Commission
making decisions, I would ask to
C/McManus: "Me, too."
Commissioner Schad insists on
with the intent of possibly
be excused."
Chair/Ruzicka: "Vice Chairman Schad."
VC/Schad: "Many people who are running for office have taken
money from this gentleman right there. And I don't see that
I should be singled out as the one individual receiving money
from this gentleman up here at the microphone."
Kurt Nelson: "Mr. Chairman, could I, I mean I really didn't
want to get involved in this. If I could just speak briefly."
VC/Schad: "It's because of you that it.has become involved."
Chair/Ruzicka: "First of all, before we get into that,
there's a difference between being on the payroll of a
developer and receiving political contributions under the
legal limit from a variety of people who happen to be
developers. And if we can get that issue addressed properly,
and the distinction made between the two, there's a difference
between being on the payroll, in the employ of a developer and
accepting political contributions, all of which were under the
legal limit for those contributions."
Kurt Nelson: Yeah. What I would like to say, and I really
need to be brief, and I think everybody here, at least on the
dais, and I think probably everybody in this room, maybe not
some of you watching at home, is probably aware of a great
deal more of the detail of this. Inasmuch as the matter has
been, I believe, turned over to the Fair Political Practices
Commission, I think it would be a mistake for me to comment on
behalf of my company very much further than I'm going to do
right now except to say that everybody here on this dais and
virtually everybody in the City of Diamond Bar whose opinion
I and my company really care about knows about the
relationship, what it was, when it stopped, what it was not.
And for me to comment further at this time.I don't think would
serve any really good purpose. I'm terribly sorry to see you
all struggling with this right now. I can tell you that, to
the best of my ability, the best of my understanding, you can
probably take care of the present matter before you right now
but if you choose not to, that's between you five gentlemen.
I don't want to comment too much further since the FPPC will
be involved. All of you know how I feel and you know what my
company's stance was on this several months ago. All of you
do. If, perhaps, the best thing would be in the course of the
FPPC investigation, if any one of you or two of you or however
many would not be a violation of the Brown Act, would like to
get together with Commissioner Schad and myself and any other
representative of my company, that would be best. I really
wish I had something really articulate to offer to clear this
up, but you know where I stand. Hell, everybody with access
OCTOBER 27. 1997 PAGE 6 PLANNING COMMISSION
to the Internet knows, where I stand, and my company. I'm so
sorry that it's come to this and unless you have any further
questions I think it's probably best that I sit down."
Chair/Ruzicka: "Thank you very much, Mr. Nelson.
Commissioner McManus and Commissioner Goldenberg, I don't want
you to leave until you are sure that this is the action we
should take. We do have issues before us that can be
completed. I believe that in any case, whether Mr. Schad is,
however that case is handled, I believe if enough is said
about where the rest of us are at on this issue, I don't
believe our integrity will be compromised when we make this
decision. I believe we can make decisions on the other items
that don't pertain to this particular item and move on and
keep the work going of this Commission. It would be shameful
to jeopardize the hard work we've done for a long time - for
the past year, almost - working on the Development Code
because of this issue. I think we can continue working, but
that decision will have to be yours."
C/McManus: "Yes. I believe there's an old cliche that if you
lie down with dogs you get fleas. There's no question anymore
as to whether Mr. Schad's family took the money and whether or
not he lied. Even if he took it (the money) , if he hadn't
lied, that would be another issue. The problem I have at this
point as Mr. Fong was pointing out, when we sit up here we're
suppose to have integrity and we should be as unimpeachable as
we can possibly be. At this point in time, we have a member
that has definitely tainted the Commission and I agree that we
need to move forward with this stuff, but the problem is, that
one person refuses to step down and we're all tainted with
that thing. We're all painted with the same brush. Everybody
here knows that because they've been involved in politics long
enough to know that that's the way it works. Whether you like
it or not, that's the way it works. So, my decision stands
that if he stays, I go."
C/Goldenberg: "I have to issue Commissioner McManus's
sentiments."
Chair/Ruzicka: "Commissioner Schad, I guess it's up to you.
Do you intend to continue in this meeting tonight? If you do,
we will lose two Commissioners."
VC/Schad: "What are your plans, Mr. Chairman."
Chair/Ruzicka: "My plans I don't think are relevant. You
have to make the decision, sir."
VC/Schad: Well, I'm going to remain."
At 7:45 p.m., Commissioner McManus and Commission Goldenberg
left the dais in protest of the continued participation of
Vice Chairman Schad.
OCTOBER 27, 1997 PAGE 7 PLANNING CUMM1551U1V
Chair/Ruzicka: "Let the record also reflect that the Chairman
is remaining not because of the fact that he believes one way
or the other on the issue. The Chairman believes that that
issue will take its own course and I do not intend for anyone
to question my integrity and I do not intend for anybody to
intimidate me or threaten me with any type of information that
I am either in or on the payroll of anybody whether he's a
developer or has an issue before this Commission. If that
can't be stated any stronger, that's the reason why I'm in
this campaign for elected office because one of the current
sitting Council Members has tainted this City with his brand
of dishonesty. And now it's rubbing off on the good work we
could all be doing for this City."
Chair/Ruzicka asked for a motion regarding Planned Sign
Program No. 97-2.
C/Fong moved, Chair/Ruzicka seconded, to approve Planning Sign
Program No. 97-2. The motion was carried 2-0-1 with the
following Roll Call vote:
AYES: COMMISSIONERS: Fong, Chair/Ruzicka
NOES: COMMISSIONERS: None
.ABSTAIN: COMMISSIONERS: VC/Schad
ABSENT: COMMISSIONERS: Goldenberg, McManus
CONTINUED PUBLIC HEARINGS:
1. Vesting Tentative Tract map No. 50314, Conditional use Permit
No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1
(pursuant to Code Sections Title 21, and Title 22.56.215,
22.26 Part 16 and 22.16 Part 2) are requests to approve a 15
lot subdivision on approximately 44 acres. The average lot
size will be 2.92 acres. Six of the proposed lots are part of
two approved tracts. Therefore, VTTM 503141's development will
result in a net increase of 13 residential lots. The project
site is within Los Angeles County Significant Ecological Area
No. 15. The Zone Change will convert the current zoning of R-
1,200 and A-2-2 to R-1-40,000. (Continued from October 14,
1997) .
Project Address: Southeast of the most southerly
intersection of Steeplechase Lane
and Wagon Train Lane.
Project Owner/Applicant: Kurt Nelson, Windmill Development,
3480 Torrance Boulevard, Suite 300,
Torrance, CA 90503
Staff recommends that the Planning Commission continue the
public hearing for VTTM 50314, Zone Change No. 96-1,
Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and
Mitigation Monitoring Program and EIR No. 97-1 (SCH 96-
0711104).
At 7:50 p.m., VC/Schad left the dais.
OCTOBER 27, 1997 PAGE 8 PLANNING COMMISSION
Chair/Ruzicka asked VC/Schad if he was recusing himself from
this item. There was no response for the record.
Chair/Ruzicka asked for advise with respect to continuing this
matter.
DCM/DeStefano stated that the Commission has lost its quorum
and its ability to discuss this matter.
Chair/Ruzicka asked if the Commission can continue to discuss
any other items on the agenda.
DCM/DeStefano stated the Commission may not continue unless
VC/Schad returns to the dais thus restoring a quorum.
RECESS: Chair/Ruzicka recessed the meeting at 7:55 p.m.
RECONVENE: Chair/Ruzicka reconvened the meeting at 8:13 p.m.
DCM/DeStefano explained that due to lack of quorum, the Commission
does not have the ability to make any decision regarding Continued
Public Hearing Item No. 1. Therefore, staff recommends that the
Commission move to the next item on its agenda.
2. Draft Development Code (Zoning Code Amendment ZCA 97-1 and
Negative Declaration No. 97-3). Review of all Articles of the
Draft Development Code, Draft Subdivision Code, and Draft
Design Guidelines.
Staff recommends that this matter be continued to the November
12, 1997 Planning Commission meeting.
Robert Zirbes, , a Diamond Bar resident, said he has
participated with the Commissioners on the Draft Development
Code over the past few months. He indicated he came to
tonight's meeting prepared to work toward the document's
finality. However, he is somewhat surprised by what has
occurred this evening. He recommended that the Development
Code be held over until a full Commission is present because
of its importance to the City of Diamond Bar.
Don Gravdahl concurred with Mr. Zirbes that the Development
Code is an important agenda item and if there is any kind of
cloud over this Commission, the matter should be continued to
the next meeting with the full Commission present.
VC/Schad moved, C/Fong seconded, to continue the Draft
Development Code discussion to November 12, 1997. The motion
was carried 3-0.
PLANNING COMMISSION ITEMS:
OCTOBER 27, 1997 PAGE 9 PLANNING COMMIbblUN
DCM/DeStefano asked for consideration of the following meeting
dates for the Planning Commission: November 12, 1997, November 25,
1997, December 9, 1997 and December 23, 1997.
Following discussion, the Commission concurred to continue
discussion of November and December meeting dates at its regularly
scheduled November 12, 1997 meeting.
C/Fong asked for status of the proposed relocation of the
Australian Tea Leaf tree at the Shell Station site on the northwest
corner of Diamond Bar Boulevard at Brea Canyon Road.
DCM/DeStefano responded that staff will research the matter and
advise the Commission.
INFORMATIONAL ITEMS:
SCHEDULE OF FUTURE EVENTS as listed in the agenda.
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 8:28 p.m. to
Wednesday, November 12, 1997 at 7:00 p.m. in the South Coast Air
Quality Management District Auditorium.
Respectfully Submitted,
James DeStefano, Secretary
Attest:
Joe Ruzicka
Chairman