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HomeMy WebLinkAbout01/08/2002City Council Agee Tuesday, January S, 2002 5:30 p.m. Study Session CC -8 6:30 p.m. — Regular Meeting South Coast Air Quality Management District/Government Main Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Mayor Wen A Chang Mayor Pro Tem Debby O'Connor Council Member Carol Herrera Council Member Bob Huff Council Member Bob Zirbes City Manager Linda C. Lowry City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title Il of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. the City ofDiamand Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CFFY COUNCIL RULES , (ALSO APPLIES TO COMNIISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings ofthe Diamond Bar City Council are open to the public. A member ofthe public may address the Council on the subject of one or more agenda items and/or other hens of imerest which are within the subject matter junsdidion ofthe Diamond Bar City Council. Arequesitoadchcasthe Council should be submitted in person to the City Cleric. Asa general rule the opportunity for public its will take place at the discretion ofthe Chair. However, in order to facilitate the meetm 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 C may limit the public input on any item or the total amount oftime allocated for public testimony based on the number of people requesting to speak d the business ofthe Council. individnals are requested to refrain from personal attacks towards Council Members or other citizens. 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. Your cooperation is grea Lly 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 case of emergency, or when a subject matter arises subsequent to the posting ofthe agenda, upon making certain findings the Co ii 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 arts in respect to a regular or specialg ofthe Diamond Bar City Council. A. Disorderly behavior toward the Council or any member ofthe staffthereot tending to interrupt the due and orderly course of said meeting. S. 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 Board; and D. Any other unlawful interference with the clue 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 ofthe 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 int services are also available by giving notice at least three business days in advance ofthe meeting. Please telepbone (909) 860-2489 between 8 and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Ird'ormation (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 17, AND BY REMAINING IN THE ROOK, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. TH &MEETING WILL BE RE=BROADCAST N THE SATURDAY FOLLOWING. THE 'COUNCIL MEETING AT 9:00 A.M. C N CHANNEL17. Next Resolution No. 2002 -01 Next Ordinance No. 01,(2001) Study Session: 5:30 p.m., CC -8 Discussion of a Parking Resolution for Street Sweeping and Trash Co Services 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Lutheran Church ROLL CALL: Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: None 6:30 p.m., January 8,2002 Mayor Reverend Ted Meyers, Shepherd of the Council Members Herrera, Huff, Zirbes, Mayor Chang 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4. 4.a PUBLIC COMMENTS: Public Comments is the time reserved on regular meeting agenda to provide an opportunity for members of the put directly address the Council on Consent Calendar items or matters of interest public that are not already scheduled for consideration on this agenda. Althou( City Council values your comments, pursuant to the Brown Act, the Cc generally cannot take any action on items not listed on the posted agenda. P complete a Speaker's Card and give it to the City Clerk (completion of this ft voluntary). There is a five-minute maximum time limit when addressin thi Council. 4.b RESPONSE TO PUBLIC COMMENT: Under the Brown Act, memb the City Council may briefly respond to public comments but no extended discs and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 HOLIDAY TREE COLLECTION — December 26 through January 11, Hills 1W7 each lic to :o the ih the of JANUARY 8, 2002 PAGE 2 5.2 PLANNING COMMISSION MEETING — January 8, 2002 — 7:00 Ip.m., AQMDIGovernment Center Hearing Board Room, 21865 E. Copley Pr. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —JanOy 10, 2002 — 7:00 p.m., AQMDIGovernment Center Hearing Board Room, 1865 E. Copley Dr. 5.4 CITY COUNCIL STUDY SESSION (Community/Senior Center) — January 15, 2002 — 5:30 p.m. AQMDIGovernment Center Room CC -8, 21865 E. Copley Dr. 5.5 PLANNING COMMISSION MEETING — January 22, 2002 — 7:00 p.m., AQMDIGovernment Center Auditorium, 21865 E. Copley Dr. 5.6 PARKS AND RECREATION COMMISSION MEETING — January24, 2002 — 7:00 p.m., AQMDIGovernment Center Board Hearing Room, 218 5 E. Copley Dr. 5.7 RESCHEDULED REGULAR CITY COUNCIL MEETING — January29, 20( — 6:30 p.m., AQMDIGovernment Center Auditorium, 21865 E. Copleyl Dr. CONSENT CALENDAR: 6.1 PARKS AND RECREATION COMMISSION MINUTES — Regular Meet ng of November 15, 2001 — Receive and file. II Requested by: Community Services Division 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of November 13, 2001 — Receive and file. 6.2.2 Regular Meeting of November 27, 2001 — Receive and file. Requested by: Planning Division 6.3 VOUCHER REGISTER—Approve Voucher Register dated January 8, in the amount of $953,731.15. Requested by: Finance Division 6.4 TREASURER'S STATEMENT — November 2001. Recommended Action: Approve Requested by: Finance Division JANUARY 8, 2002 PAGE 3 6.5 NOTICES OF COMPLETION: 6.5.1 Golden Springs Dr. Street Improvements from Torito Ln. to Ave. Recommended Action: Accept the work performed by Mobas: Engineering, Inc. and authorize the City Clerk to file the Notice Completion. 6.5.2 Traffic Signal Improvements at the Intersections of Golden Dr./Lemon Ave., Diamond Bar Blvd./Sunset Crossing Rd., G,, Center Dr./Valley Vista Dr. and Bridge Gate Dr./Lot 16. Recommended Action: Accept the work performed by M; Electrical Construction and authorize the City Clerk to file the of Completion. Requested by: Engineering Division 6.6 RESOLUTION NO. 2002 -OX: A RESOLUTION OF THE CITY COUN THE CITY OF DIAMOND BAR AUTHORIZING THE FILING OF A PE TO THE STATE WATER RESOURCES CONTROL BOARD CONTE ACTIONS TAKEN BY THE REGIONAL WATER QUALITY COI BOARD, LOS ANGELES REGION, IN CONNECTION WITH THE WATER/URBAN RUNOFF PERMIT FOR THE COUNTY OF LOS AN, AND THE INCORPORATED CITIES THEREON (NPDES NO. CAS01 6.7 Recommended Action: Adopt Resolution No. 2002 -OX. Requested by: Engineering Division ple OF ION ING ZOL REVISIONS TO CODE OF CONDUCT FOR "DIAMOND BAR ON-LWE." Recommended Action: Approve the proposed revisions to the Cod of Conduct for Diamond Bar Online. Requested by: City Manager 6.8 REVISIONS TO THE BYLAWS FOR THE DIAMOND BAR COMMU ITY FOUNDATION ALLOWING FOR AN INCREASE IN THE NUMBER O APPOINTMENTS TO ITS BOARD OF DIRECTORS Recommended Action: Adopt the proposed revisions to the Comm Foundation's bylaws to allow for an increase in the number of Bi Members from 11 to 15. Requested by: Community Foundation ity rd JANUARY 8, 2002 7 E 10 PAGE 4 6.9 RESOLUTION NO. 2002 -OX: A RESOLUTION OF THE CITY COUNCI OF THE CITY OF DIAMOND BAR SUPPORTING PROPOSTION 42, THE TRANSPORTATION CONGESTION IMPROVEMENT ACT, ON THE MARCH 5, 2002 STATEWIDE BALLOT. Recommended Action: Adopt Resolution No. 2002 -OX. Requested by: City Manager PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters m y be heard. 7.1 CONTINUED PUBLIC HEARING — DEVELOPMENT CODE AMEND ENT NO. 2001-02 PERTAINING TO FREEWAY ORIENTED SIGNS WITHI THE C-3 ZONE (Continued from December 17, 2001). Recommended Action: Open the public hearing, receive testimony, cloa the public hearing and approve Development Code Amendment No. 200 -02. Requested by: Planning Division 7.2 PUBLIC HEARING — COL -AM PROPERTIES, LLC (DIAMOND BAR HONDA) APPEAL OF THE PLANNING COMMISSION'S DECIS1014 ON CONDITIONAL USE PERMIT NO. 2001-06 AND COMPREHENSIVE SIGN PROGRAM NO. 2000-02. Recommended Action: Open the public hearing, receive testimony and staff as appropriate. Requested by: Planning Division OLD BUSINESS: None NEW BUSINESS: None COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COM 11. ADJOURNMENT: DATE: January 7, 2002 OFFICE OF THE CITY CLERK TO: Honorable Mayor Chang and Members of the City Council Department/Division Heads FROM: Lynda Burge City Clerk SUBJECT: Corrected Study Session Materials Attached is a new page one to the January 8, 2002 Study Session materials submitted by Lieutenant Mike Walker related to a "Dedicated Parking Enforcement Officer." Please remove the cover page to Exhibit "4" contained within your City Council Agenda Packet Binder and replace that page with this. Attachment MEMORANDUM INTER -OFFICE CORRESPONDENCE 'N... TO: Linda C. Lowry, City REVISED EXHIBI`I` "4" +asp LAW ENFORCEMENT & TRAFFIC SER CES PUBLIC SAFETY DEPARTME ATTENTION: David Liu, Director of Public Works David Doyle, Deputy City Manager FROM: Michael E. Walker, Lieutenant SUBJECT: DEDICATED PARKING ENFORCEMENT OFFICER DATE: January 3, 2002 Initial examination of Sheriff's Department personnel policy indicates that there are two (2) employ e job descriptions that can be utilized for parking enforcement duties. 1. The Community Service Officer CSO (currently employed by the city for other duties) and 2. The Parking Control Officer- PCO (employ( d by several other contract cities for fall/part-time parking enforcement). The yearly costs for a full-time employee (salary + benefits + vehicle usage) for these items are: 1. CSO: $29,533 (hourly rate: $14.05) RECOMMENDED (Performs a myriad of duties, including parking enforcement) 2. PCO: $45,000 (hourly rate: $29.00) (Limited to parking enforcement duties only) As you can see, the recommended CSO position is both versatile and cost effective. The PCO posi on, however, represents a higher cost and is limited by its' job description. Potential initial (one-time) startup costs could include a vehicle with radio ($20,675.19) mobile digital computer terminal ($12,000.00) and lighting equipment ($300.00) totaling $32,975.19. The cost for utilizing an automated citation -issuing device is not available at this time. However, initial indications are that suppliers/service providers may waive equipment costs for a percentage of the revenue (as I dgh as 25%). The first year projected budget may require an allocation as high as $62,508.19. Thereafter, the proposed budget allocation would lower to equal salary only ($29,533). An inquiry of the Sheriff's Department Traffic Services Detail indicates that a single parking enfor emen officer can issue approximately 45-50 parking citations (unaided by an automated device) in a resi anal neighborhood during an eight-hour shift. Using the lower figure (45) a CSO could issue up to 225 citations a week, 900 citations a (20 day) month and up to 11,250 parking citations per year (excluding a two-week vacation). If the fine amount (for a violation of the proposed street sweeping parking ordinance) is set at $25.00 (comparative fines range from $20-$50) the gross revenue generated by i full- time parking enforcement officer could exceed $281,250. Should only 25% of the total revenue ($70,312.50) be recovered by the city (due to administrative costs and/or other factors) the expense associated with employing a full-time parking enforcement employee (CSO) would still be recoverable. As EXHIBIT "5" RESOLUTION NO. 2002 - xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING THE PARKING OF VEHICLES ON RESIDENTIAL STREETS DURING CERTAIN HOURS AND. DAYS FOR THE PURPOSE OF STREET SWEEPING WITHIN THE CITY OF DIAMOND BAR WHEREAS, Section 22507.6 of the California Vehicle Code authorizes the to prohibit or restrict the parking or standing of vehicles on designated street highways, or portions, thereof, for the purpose of street sweeping; and WHEREAS, vehicles parked within the path of street sweeper lead to s - sweeping problems of debris and water buildup in gutters; and WHEREAS, the City seeks to assist in and enforce the City's storm w management requirements under the Municipal NPDES permit issued to the City; ai ity or WHEREAS, the prohibition of parking on street sweeping days will improvE the ability of City to effectively conduct street sweeping and will beautify the City, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci y of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the public h alth, safety and welfare will be best protected by prohibiting parking on certain stree s at certain times to accommodate street sweeping. (a) The City Council does hereby prohibit parking on Mondays from to except holidays, for streets within the following boundaries of Zone 1, as shown on the street sweeping map: Streets within the following boundaries: will be determined with the (b) The City Council does hereby prohibit parking on Tuesdays from to except holidays, for streets within the following boundaries of Zone 2, as shown on the street sweeping map: Streets within the following boundaries: will be determined with the (c) The City Council does hereby prohibit parking on Tuesdays from to except holidays, for streets within the following boundaries of Zone 3, as shown on the street sweeping map: Streets within the following boundaries: will be determined with the irs. MEMORANDUM ,l, nMoNbAAR TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FROM: LINDA C. LOWRY, CITY MANAG 4r VIA: DAVID G. LIU, DIRECTOR OF PUBLIC WORKS t DATE: JANUARY 8, 2002 RE: DISCUSSION OF A PARKING RESOLUTION FOR MORE EF STREET SWEEPING AND TRASH COLLECTION SERVICES Introduction: In the City Council Goals and Objectives for Fiscal Year 2001-2002, "Develop Parking Ordinances for Street Sweeping, Trash Collection and Recreation Vehicles" is ranked #6 on the City Council Goals. The purpose of this Study Session is to provide Council with background information and an overview to better facilitate an in-depth discussion of your priorities. Background: In December 1997, the City Council established a term limited Off-site Parking Force to examine the off-site/on-street parking issues. Through consensus, the Force incorporated the opinions and insights of representative from different sect the community. The Task Force considered the following objectives: • Identify the issues; • Consider the prohibition of oversized vehicles; • Consider the prohibition of extended parking (72 hours); • Review existing laws; • Review surrounding cities' parking solutions and policies; and • Recommend possible solutions for the identified problems. At the City council meeting on July 21, 1998, the Final. Report of the Off-site Pa Task Force was forwarded to the City Council for review and discussion. The Council took action on five of the six motions that were presented by the Task Forc follows: ask of 'King City e as Motion #1: Increase enforcement of parking regulations. Motion #2 Institute a public information/education campaign. Motion #3: Parking citation enforcement (data). Motion #4: Not approved "No Parking on City Streets from 2:00 a.m. to 4:00 a.i Motion #5: Consider dispensation/permit program for parking unattached trailer boats on City streets for a period of 24 hours. Motion #6: Consideration of "No Parking" on street sweeping days. Various measures, ordinances, and resolutions for Motion #'s 1, 2, 3, and 5 have been implemented and are ongoing. Motion #6 was discussed extensively and tat order to coordinate the street sweeping service with the trash collection service. After a very thorough process, on August 15, 2000, the City Council entered year agreements with two service providers to implement integrated waste man services citywide. Currently, the City's street sweeping services follow the day scheduled trash pick-up. Attached (Exhibit 1 ") are the colored street sweeping and trash collection schedu area and day. The street sweeping is scheduled the day after residential collection. The western part of the City, west of State Route 57 from Washington to Fallowfield Drive, has trash pickup on Friday and the streets are swept on Mc Currently, street sweeping is scheduled bi-weekly. Therefore, the street sweepir follows the trash pickup day every other week. Included for your information is a matrix of several city's parking restrictic presented in the Off-site Parking Task Force Final Report (Exhibit "2"). Additions updated matrix including additional cities who have a prohibition of parking on sweeping days is included (Exhibit "3"). DISCUSSION: "No Parking" Street Sweeping Days As an approach to enhance Diamond Bar's street sweeping effectiveness and has been proposed to consider "No Parking" during certain hours on Street Days. To gauge the number of parked vehicles on our residential streets, staff request( R. F. Dickson Company, Inc. note the number of cars during a typical service w April 2, 2001 — April 6, 2001. The number of vehicles parked on the streets durin service was 2,762. A typical sweeper is 21 feet in length, weighs 30,000 pounds, 10 feet wide when the brushes are down. The sweeper must pull away from th line to avoid any parked vehicles. Generally, three times the length of the (estimated at 60 feet) is the distance not swept, even though the curb miles are in in the City's fee and the area is not cleaned of debris. The City of Diamond Be $11.47 /per curb mile and we have a total of 300 curb miles in the City. The n �� and ince :d in 10- nent the s by rash treet day. day 5 as 1, an :e, it ping that :k of their nd is curb uded pays mthly billing is approximately $7,500. The following calculations are based on the information: • 60 feet x 2,762 vehicles = 165,720 feet not swept • 165,720 feet/5,280 feet per mile = 31.38 curb miles not swept • 31.38 curb miles x $11.47 cost per curb mile = $359.92 cost for curb rnilE s not swept in this sample 0 ($360 x 2 periods = $720)/$7,500 = 9 % costs underutilized Currently, the City's street sweeping budget is $128,000.00. Signage Regulation Per the California Vehicle Code (CVC), the minimum for signage is at the entranc s of specific neighborhoods. The City of Diamond Bar sweeps only bi-weekly. Howeve , we are recommending weekly prohibition of parking to avoid any confusion and in the event that the sweeping schedule changes in the future. Additionally, the signage for "No Parking" generally has restricted hours. Commonly other cities have found that a five-hour window is adequate. R. F. Dickson Compan is in an area all day. Therefore, staff will follow up with the provider for appropriate ho rs of the signage in each area. Signage Cost The minimum amount of signage needed per the CVC is calculated for 150 signs at iin approximate cost of $150.00 per sign for an approximate total of $23,000. Staff has calculated that approximately 1,000 signs would be required should it be desired to install signage at the entrance of each street/cul-de-sac. The cost for the installation of these signs would be approximately $150,000. Preferential Parking Districts The City has two preferential parking districts. District No. 1 is in the High School area and District No. 2 in the Fallowfield Drive/Pasco Court area. The permit would be modified such that the new signage prohibiting parking on the street sweeping days would be in effect. Permit holders in these areas would not be exempt or be able topark on the street per the designated "No Parking" signage. Citations, Fines, Enforcement Per the Walnut/Diamond Bar Sheriff's Department, the following parking citations been issued since 1999. YEAR TO kL # PARKING CITATIONS ISSUED IN DIAMOND BAR 3 1999 1,927 2000 1,823 Average Per Year: 1,875 2001 (incomplete reporting) 1,024 (so far, but missing final quarter Fines for parking in the proposed area posted "No Parking" for street sweeping would be determined by the City Council. Generally other cities have used $35 - $45. Ba ed on approximately 1,800 tickets at $35.00, it may be assumed the revenue for illegally parked vehicles would be approximately $63,000. Enforcement of the parking violations could be accomplished by utilizing a Pai Control Officer (PCO) or possibly a Community Service Officer (CSO). The costs duties for these officers is attached in Lt. Walker's memo (Exhibit "4" of 113102). The recommended officer is a CSO. The hourly rate is $14.05 and the officer perfors a myriad of duties, including parking enforcement and is therefore versatile and ost effective. There are initial startup costs for a vehicle with radio, mobile digital computer nd equipment for $32,975.19, for an estimated first year budget of $62,508.19. 1 is estimated that the fine revenue would cover the costs for the officer and equipment. Draft Resolution A draft Resolution excluding the hours of signage and boundaries is attached with the zones (Exhibit "5"). Conclusion As noted in the draft Resolution, the prohibition of parking of vehicles on reside tial streets during certain hour and days for the purpose of street sweeping within the 3ity would lead to more effective service level, assist in and enforce the City's storm water management requirements under the Municipal NPDES permit issued to the City and improve the ability of the City to effectively conduct street sweeping and will beautify the City. Recommendation: Staff recommends that the City Council review the presentation materials and pro ide further input(comments on this matter. Furthermore, it is requested that the City COL ncil forward this matter to the Traffic & Transportation Commission for discussion and bring back a recommendation to enhance the effectiveness of our street sweeping service 3. ►,I Exhibits: 1. Street sweeping and trash collection schedules; 2. Parking restrictions of other cities from the Off-site Parking Task Force Final Report; 3. Updated matrix of cities with prohibition for parking on street sweeping days; 4. January 3, 2002 Memorandum regarding costs for Community Service Off ic r; 5. Draft Resolution; 6. Municipal Code, Vehicles and Traffic, Title 10 through 10.20.150. 5 II)LAMOND BAR CHAWNF1 OFQ091AIERCE mfi=8ulu"m ■ scRom EXHIBIT .00 Hosmms + symHOWAYS 0 LOS ANGELES co I I TRASH PICKUP µ..,.t FRIDAY— i -, ----- - _....__r .---1 49WMon -Wed. ApokiJburs Fri. a 4 TRASH P `MONDAY PICKU 0 Tues. l Wed. . Thurs.! FL Imp Tool XV ,st r - DIAMOND BAR A CHAimn OFCOMS nm t vueucemLnntre ■ , WHOM 91 PARKWSMFCOMBES WSW= r O f STATEHO WAYS LOS ANGELES /mAa�FpR �,.... co ..,..c i 0 Tues. l Wed. . Thurs.! FL Imp Tool XV ,st r DIAMOND BAR a PR1AMeER OF L�OYNERCE �f !t ':;, w WSLIC WILDItKrS qq SCHOOLS PARRSIOOLF COURSES ■Mme RF S ROSMAHS STAT MOHPSAYS IL nl/�L7�J [+ i sou �,oSAFVt;.L ES ru rawcw Arnvenlm J m co 1 Is ILb I Hon. C J Tues, Wed. u ---j Thurs. t_ LOSAAtow co ss V di a' �e M LOSAAtow co ss V N r EXHIBIT "2" N N N i CN C1 N W m vl, LU y E a m m m m c6 ¢ r'L z a. i a m a c a a LLE€c yy N U, 2 d N U Lu L Q w d a0 V G k fn !R U1 w m OO Uj E o dCL Bm O U O U O U O U U Z lu �t �] m 8' m U B ar ...i ¢ J Q .j Q J ¢E m NI y: 2 d LU � O Q N N °' L 3 O C7 RN ' N U_ Z CL c d m E m k- LU w N w o -w e E w R: a � U N ci � � I U Y� LLI m m m ca cc m Nof O O CZc O E Q O O O da_ a z z z° z° z° a` z° z° E �-"0 w E E E Z VE E N � E �„ Em N N N ''G^' E N LU z E No E ca 12 O r[ E c t g r O C N Q L 0 N a� LE t E1 Z_ y CI m c a y m•' `°. Y a' c ° � E c d c a °' c °' E'' Q d ap�� a`� d d 2a 4 C-4•` CL� o EVi � .21 Z m s > i S 15- m a w >' O m ra� C m m C. m m C m a C w C m C L� m [} m G m ahh a > UI Z z z zl z z} z zl z - �! ¢; m; U O Ll, LL Xi I j i co � V' p� O r °i o ° 72> 5E m Mi LL Ui co �� EXHIBIT "3" CITIES WITH PROHIBITIONS OF ON -STREET PARKING DURING STREET SWEEPING DAYS r`ITV IRTRFFT.qWFFP1Nr; npnlNANCE Alhambra Prohibits parkino when signed for cleaning of streets Artesia Prohibits parking when signed for cleaning of streets Bellflower Prohibits parking of vehicles on various posted streets Dana Poini Prohibits parking when signed for cleaning of streets Downey Prohibits parking when signed for clearing of streets Fullerton Parking restricted to facilitate street sweeping Garden Gr Prohibits parking when signed for cleaning of streets Lakewood Prohibits parking when si ned for cleaning of streets Lawndale Prohibits parking of vehicles on various posted streets Lynwood Prohibits parking of vehicles from 4 am to 12 p.m. where posted Pico River Parking restricted to facilitate street sweeping San Clem Prohibits parking of vehicles on various posted streets MEMORANDUM INTER -OFFICE CORRESPONDENCE TO: Linda C. Lowry, City Manager EXHIBIT "4" ATTENTION: David Liu, Director of Public Works David Doyle, Deputy City Manager FROM: Michael E. Walker, Lieutenant SUBJECT: DEDICATED PARKING ENFORCEMENT OFFICER DATE: January 3, 2002 Initial examination of Sheriff's Department personnel policy indicates that there are two (2) descriptions that can be utilized for parking enforcement duties. 1. The Community Service (currently employed by the city for other duties) and 2. The Parking Control Officer- PCO {E several other contract cities for full/part-time parking enforcement). The yearly costs for a full-time employee (salary + benefits + vehicle usage) for these items are: CSO: $29,533 (hourly rate: $14.05) RECOMMENDED (Performs a myriad of duties, including parking enforcement) 2. PCO: $45,000 (hourly rate: $29.00) (Limited to parking enforcement duties only) As you can see, the recommended CSO position is both versatile and cost effective. The PCO however, represents a higher cost and is limited by its' job description. job by Potential initial (one-time) startup costs could include a vehicle with radio ($20,675.19) mobile digital computer terminal ($12,000.00) and lighting equipment ($300.00) totaling $32,975.19. The cost for utilizing an automated citation -issuing device is not available at this time. However, initial indications are that suppliers/service providers may waive equipment costs for a percentage of the revenue (as high as 25%). The first year projected budget may require an allocation as high as $62,508.19. Thereafter, flie proposed budget allocation would lower to equal salary only ($29,533). An inquiry of the Sheriff's Department Traffic Services Detail indicates that a single parking enforce ent officer can issue approximately 45-50 parking citations (unaided by an automated device) in a residential neighborhood duri - shifty Using the lower figure (45) a CSO could issue up to 225 citations a week, 4 00 citations a (20 ay) month and up to 53,450 parking citations per year (excluding a two-week vacation). ount (for a violation of the proposed street sweeping parking ordinance) is set at $25.00 (comparative fines range from $20-$50) the gross revenue generated by a 11 - time parking enforcement officer could exceed $1,336,000. Should only 25% of the total revenue ($334,062.50) be recovered by the city (due to administrative costs and/or other factors) the expenses associated with employing a full-time parking enforcement employee (CSO) would still be recoverab e. EXHIBIT "5" RESOLUTION NO. 2002 - xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING THE PARKING OF VEHICLES ON RESIDENTIAL STREETS DURING CERTAIN HOURS AND DAYS FOR THE PURPOSE OF STREET SWEEPING WITHIN THE CITY OF DIAMOND BAR WHEREAS, Section 22507.6 of the California Vehicle Code authorizes the Pity to prohibit or restrict the parking or standing of vehicles on designated street or highways, or portions, thereof, for the purpose of street sweeping; and WHEREAS, vehicles parked within the path of street sweeper lead to street sweeping problems of debris and water buildup in gutters; and WHEREAS, the City seeks to assist in and enforce the City's storm water management requirements under the Municipal NPDES permit issued to the City; an WHEREAS, the prohibition of parking on street sweeping days will improve the ability of City to effectively conduct street sweeping and will beautify the City, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the public he Ith, safety and welfare will be best protected by prohibiting parking on certain street at certain times to accommodate street sweeping. (a) The City Council does hereby prohibit parking on Mondays from to except holidays, for streets within the following boundaries of Zone 1 as shown on the street sweeping map: Streets within the following boundaries: will be determined with the (b) The City Council does hereby prohibit parking on Tuesdays from to except holidays, for streets within the following boundaries of Zone 2 as shown on the street sweeping map: Streets within the following boundaries: will be determined with the hou (c) The City Council does hereby prohibit parking on Tuesdays from to except holidays, for streets within the following boundaries of Zone 3, as shown on the street sweeping map: Streets within the following boundaries: will be determined with the hou (d) The City Council does hereby prohibit parking on Tuesdays from to except holidays, for streets within the following boundaries of Zonef, as shown on the street sweeping map: Streets within the following boundaries: will be determined with the hors. (e) The City Council does hereby prohibit parking on Tuesdays from to except holidays, for streets within the following boundaries of Zone , as shown on the street sweeping map: Streets within the following boundaries: will be determined with the hors. Section 2. The prohibition of parking, as provided herein, shall not apply until the City places appropriated signs giving notice of the restrictions. The City council hereby authorizes and directs the City Engineer to cause appropriate signage W be posted in a manner that provides adequate notice to persons parking on the effected streets. PASSED, APPROVED AND ADOPTED by the City Council of the City this d y of , 2002. MAYOR I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on day of , 2002 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar Mll: EXHIBIT "6" Title 10 VEHICLES AND TRAFFIC* *Cross reference(s)—Penalties generally, ch. 1.04; traffic and transportation commission 2.40; charitable solicitations, ch. 5.28; circuses and carnivals, ch. 5.32; health clubs, ch. 5. outdoor festivals, ch. 5.88; private patrols, ch. 5.100; sound and advertising vehicles, ch. 5 taxicabs and other vehicles for hire, ch. 5.128; vending on city streets, ch. 5.140; animals, emergency organization, ch. 8.00; streets, sidewalks and public property, tit. 12; floodplain management, § 18.108.010 et seq. CHAPTER 10.00. GENERAL PROVISIONS Sec. 10.00.010. Short title. The ordinance codified in this title shall be known as, and may be cited as, "the ordinance." (Ord. No. 14(1989), § 2(15.04.010), 6-27-89) Sec. 10.00.020. Definitions, (a) The following words, terms and phrases, when used in this title, shall have the r ascribed to them in this section, except where the context clearly indicates a meaning: I, ch. 124; `it. 6; nt Bus loading zone means the space adjacent to the curb or edge of a roadway reser ed for the exclusive use of buses during the loading or unloading of passengers. Commercial vehicle loading zone means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers and materials mar ed and designated as provided in this title. Parkway means that portion of a highway other than a roadway or a sidewalk. Passenger loading zone means that space adjacent to a curb reserved for the exclusi e use of vehicles during loading and unloading of passengers, marked and designated s provided in this title. Skateboard means any board or any other object or device which has wheels attach to it by any means whatsoever and which is propelled by Pushing, forces, and to which there is not affixed any device or mechanism for teeriln�gg, or gravitafior (b) Whenever any words or phrases used in this title are not defined in this chapter, but a now defined in the Vehicle Code of this state, such definitions as now existing a incorporated in this chapter and shall be deemed to apply to such words and phrases < used in this title as though set forth in full. (Ord. No. 14(1989), § 2(15.08.010, 15.08.020, 15.08.050, 15.08.060, 15.08.110, 15.08.120, 15.08.185), 6-27-89) Cross reference(s)--Definitions generally, § 1.00.070. Sec. 10.00.030. Scope; exceptions to applicability. Except as explicitly otherwise stated, this title does not apply to traffic or to veh either state highways or private streets. (Ord. No. 14(1989), § 2(15.04.030), 6-27-89) Sec. 10,00.040. Exemptions for emergency and other vehicles. The provisions of this title regulating the moving, parking and standing of vehicle not apply to vehicles being used by the sheriff's office or any constable or any authorized or fire department or the road department or the state division of highways while the dr any such vehicle is engaged in the necessary performance of public emergency duties. (Ord. No. 14(1989), § 2(15.04.050), 6-27-89) CHAPTER 10.04. ADMINISTRATION AND ENFORCEMENT* *Cross reference(s)--Administration and personnel, tit. 2. Sec. 10.04.010. Penalty for violation of title. (a) Except as otherwise provided in this title, any person violating or failing any of the provisions of this title shall be deemed guilty of an infraction, punishable as provided in section 1.04.020. on shall police er of to comply �ith which shat be (b) Notwithstanding the provisions of subsection (a) of this section, any pedestrian viola ing or failing to comply with any of the provisions of this title shall be guilty of an infrac ion punishable by a fine not exceeding $50.00. (c) Notwithstanding the provisions of subsections (a) and (b), pursuant to California Veh cle Code § 40200, any violation of section 10.08.080, section 10.08.100, or any provisior of chapter 10.16 shall be subject to a civil penalty in accordance with chapter 10.50 of t Ns Code. (Ord. No. 14(1989), § 2(15.12.010), 6-27-89; Ord. No. 05(1999), § 1, 5-18-99) CHAPTER 10.08. TRAFFIC SIGNS, SIGNALS AND DEVICES Sec. 10.08.010. Official signs designated; determination authority. regulatory and direction signs other than those signs for which specificationsThe city council shall determine and designate the character of all official warnii the Vehicle Code. are established (Ord. No. 14(1989), § 2(15.20.010), 6-27-89) Sec. 10.08.020. Character of signals. The city council shall determine the character of all official traffic control signals the California Vehicle Code or California state law, regulations or requirements do i provide. (Ord. No. 14(1989), § 2(15.20.020), 6-27-89; Ord. No. 05(1999), § 2, 5-18-99) Sec. 10.08.030. Locations where signal's are required. The city council shall designate at what intersections and other locations traffic sl^ controlled by official traffic control signals. (Ord. No. 14(1989), § 2(15.20.030), 6-27-89) Sec. 10.08.040. Placement, maintenance and operation. The city engineer shall place, maintain and operate or cause to be placed, mair and operated, all official traffic control signals authorized by the city council as provided title. (Ord. No. 14(1989), § 2(15.20.040), 6-27-89) Sec. 10.08.050. Hours of operation. The city engineer shall determine the hours and days during which any traffic device shall be in operation or be in effect, except in those cases where such hours or d specified in this title, or established by order of the city council. (Ord. No. 14(1989), § 2(15.20.050), 6-27-89) Sec. 10.08.060. Signs prerequisite to enforcement. be this are No provisions of this title for which signs are required may be enforced against any alleged violator thereof, if at the time and place of such alleged violation any sign require by this title is not in proper position and sufficiently legible to be seen by an ordinarily obse ant person. (Ord. No. 14(1989), § 2(15.20.080), 6-27-89) Sec. 10.08.070. Warning and directional signs. The city engineer may place and maintain all official warning and directional si necessary to the proper control of traffic. No person shall operate any vehicle in violation of such signs. (Ord. No. 14(1989), § 2(15.20.090), 6-27-89; Ord. No. 05(1999), § 3, 5-18-99) Sec. 10.08.075. Regulatory signs. The city engineer shall place all regulatory signs and other markings required or authorized either by this title or by finding of the city council or finding of the city engineer. person shall operate any vehicle in violation of any such signs or other markings. o (Ord. No. 05(1999), § 4, 5-18-99) Sec. 10.08.080. Parking signs. The city engineer shall place and maintain all signs and demarcations requirad or authorized pursuant to chapter 10.16 of this title or the California Vehicle Code. No persor shall stop, park or leave standing any vehicle whether attended or unattended in violation of an I sign erected or any demarcation established in accordance with this section or any restriction ttated upon any such sign or demarcation. (Ord. No. 14(1989), § 2(15.20.100), 6-27-89; Ord. No. 05(1999), § 5, 5-18-99) Sec. 10.08.090. Lane guidelines and other pavement markings. The city engineer shall place appropriate traffic guidelines dividing highways number of traffic lanes that is proper and necessary and shall place such other p markings as are necessary to direct vehicular movements in accordance with requires this title and the state Vehicle Code. No person shall operate any vehicle in violation traffic guidelines or pavement markings. (Ord. No. 14(1989), § 2(15.20.120), 6-27-89; Ord. No. 05(1999), § 6, 5-18-99) Sec. 10.08.100. Parking space markings. The city engineer may install and maintain parking space markings to indicate r space adjacent to curb where authorized parking is permitted. When such parking markings are placed in the highway, subject to other and more restrictive limitations, no shall be stopped or left standing other than within a single space unless the size or sh such vehicle makes compliance impossible. (Ord. No. 14(1989), § 2(15.20.130), 6-27-89) Sec. 10.08.110. Safety zones. The city engineer may install and maintain safety zones at all locations where particular danger to standing pedestrians and may locate and designate the same i surface of the roadway by appropriate devices, signs or marks. (Ord. No. 14(1989), § 2(15.20.140), 6-27-89) Sec. 10.08.120. Equestrian crossing signs. The city engineer shall erect appropriate signs of a type approved by the dire public works indicating those intersections of bridle paths and highways which the city c pursuant to Vehicle Code § 21805, by resolution has designated as equestrian crossings. (Ord. No. 14(1989), § 2(15.20.150), 6-27-89) Sec. 10.08.130. Temporary removal of signs during construction, repair or the its of such of -e is the of 11, Whenever because of the construction, alteration, repair or improvement of I any highway, or temporary detour, or because of other emergency situation, a traffic haza created by compliance with the provisions of this title and that the city engineer so shall either remove or cover up any sign or other traffic marking which requir compliance. While such sign or other marking is removed or covered up, the effect provision of this title is suspended. At the end of such emergency,unless otherwise dei by the city council, the city engineer shall replace or uncover such sign or marking. (Ord. No. 14(1989), § 2(15.20.160), 6-27-89) Sec. 10.08.140. Weight limit signs; emergency procedures. If a weight limit is suspended pursuant to this chapter and a different weight li necessary, the city engineer shall erect and maintain, during the emergency, appropriate At the end of the emergency, the city engineer shall remove such temporary signs and un and restore the original signs unless the city council otherwise determines. No person operate any vehicle in excess of the posted weight limit upon any street or highway where signs have been erected. (Ord. No. 14(1989), § 2(15.20.170), 6-27-89; Ord. No. 05(1999), § 7, 5-18-99) Sec. 10-08.150. Unauthorized signs, signals and lights; removal requirements. The city engineer and the sheriff shall remove every unofficial sign, signal or df which purports to be or is an imitation of or resembles an official traffic sign or signal, or w attempts to direct the movement of traffic, or which hides from view any official traffic sig signal, or which in any other respect violates the provisions of Vehicle Code § 21465 or 2141 (Ord. No. 14(1989), § 2(15.20.210), 6-27-89) CHAPTER 10.12. OPERATION DIVISION I. GENERALLY Sec. 10.12.010. Driver training; driving on closed streets restricted. No person shall operate any vehicle on any portion of the highway closed to thi traffic for driver training except when engaged in driver training or for the purpose of going from a point within the specified closed area. (Ord. No. 14(1989), § 2(1516.040), 6-27-89; Ord. No. 05(1999), § 8, 5-1$_99) Sec. 10.12,020, School grounds; street closure authorized. Whenever the city council finds that closing any portion of any street or higt crossing or dividing any school ground is necessary for the protection of persons atten such school or school grounds, it shall instruct the city engineer to place, and the city engii shall place, or cause to be placed, appropriate signs or barricades, or both, specifying portion of such street or highway closed to vehicular traffic during such hours and days as city council may specify, pursuant to provisions of Vehicle Code § 21102. (Ord. No. 14(1989), § 2(15.76.050), 6-27-89) will be 1s, he such such mined t is ns. shall such •r4 or Sec. 10.12.030. Operating vehicles on closed streets. A person shall not operate any vehicle on an Pursuant to Vehicle Code § 21101 or section 10. 12.020 of this odehe highway closed to (Ord. No. 14(1989), § 2(15.76.060), 6-27-89) Sec. 10.12.040. Funeral processions. The driver of any vehicle and the rider of any bicycle shall not drive between the comprising a funeral procession where the vehicle immediately in front of which such rider passes in driving through such procession is conspicuously designated as const part of such procession. (Ord. No. 14(1989), § 2(15,76,070), 6-27-89) Sec. 10.12.050. Driving or riding vehicles on sidewalk. A person shall not operate any bicycle or any vehicle or ride any animal on any sic or parkway except at a permanent or temporary driveway or at specific locations thereon the city engineer finds that such locations are suitable for, and has placed appropriate and/or markings permitting such operation or riding. (Ord. No. 14(1989), § 2(15.76.080), 6-27-89) Sec. 10.12.060. Riding on bicycle or motorcycle handlebars. The driver of a bicycle or motorcycle shall not carry any other person upon handlebars of such bicycle or motorcycle. A person shall not ride upon the handlebars of bicycle or motorcycle. (Ord. No. 14(1989), § 2(15.76.090), 6-27-89) Sec. 10.12.070. pedestrian tunnels; closure conditions. Whenever the city council finds and determines that the use of any pedestrian tunnel economically feasible to protect such tunnels other than by temporary closure, the city engine dangerous because of the presence of loiterers, or for other reasons, and that it is n shall install gates and post signs, or cause such gates to be installed by persons into such a tunnel during such times as the tunnel is not re quired e�dnb the entrant going to or from the school premises and the city engineer has caused such gates to be Locke Q y pedestrian and posted signs informing the public that such tunnel is temporarily closed. No person sha enter any tunnel closed pursuant to this section, where such signs have been erected. (Ord. No. 14(1989), § 2(15.76.110), 6-27-89; Ord. No. 05(1999), § 9, 5-18-99) Sec. 10.12.080. Repairing vehicles on highway, (a) A person shall not repair, or make any repairs, or add or install an or on any vehicle while the vehicle is upon any public highway or alleys or accessory to traffic iicles er or ng a (b) The provisions of this section do not prohibit the driver of any vehicle which is while upon any public highway or alley, to such extent that it is impossible stopping, from making or causing to be made the repairs necessary to ena vehicle to be moved from the public highway or alley. (Ord. No. 14(1989), § 2(15.76.120), 6-27-89) Sec. 10,12,090, Washing vehicles in highway. A person shall not dust, wipe, wash or otherwise clean, use or employ any mel dusting, wiping, washing or otherwise cleaning any vehicle or portion thereof while c Purposes other than such wiping, washing, cleaning or dusting of thighway unless such vehicle is owned by or under the direct control or supervisic acts enumerated in this section. he person doing any (Ord. No. 14(1989), § 2(15.76.130), 6-27-89) Sec. 10.12.100, Molesting of traffic counting devices. Unless authorized by the city engineer, a person shall not move, molest, tamper damage in any way any traffic counting device which has been located within a high adjacent thereto by authority of the city engineer. (Ord. No. 14(1989), § 2(15.76.140), 6-27-89) Sec. 10.12.770, Injuring new pavement and painted markings. When a barrier or sign is in place warning persons not to drive over or across any n made pavement or any pavement under construction or any fresh! highway, a person shall not drive over such pavement or markings Y painted markings upon (Ord. No. 14(1989), § 2(15.76.3 50), 6-27-89) Sec. 10.12.120. Flagman to regulate traffic when traffic control devices are inoperatfv Whenever the city engineer finds and determines that official traffic control devices disabled or otherwise inoperable, he may regulate traffic by means o any person gi temporary appointment for such duty. No person shall fail to obey any such traffic regula when operating any vehicle. (Ord. No. 14(1989), § 2(15.76.160), 6-27-89; Ord. No. 05(1999), § 10, 5-18-99) Sec. 10.12.130. Flagmen at construction and maintenance areas. Whenever the city engineer finds that the regulation of traffic is necessary at the site road or street construction or maintenance, he may regulate traffic b y means of ersc authorized for such duty. No person shall fall to obey any such traffic regulation when opera ti any vehicle. (Ord. No. 14(1989), § 2(15.76.170), 6-27-89; Ord. No. 05(1999), § 11, 5-18-99) avoid such 7 of any for the or or Sec. 10.12.140. Cleaning of sidewalks. No person shall fail, refuse or neglect to keep the sidewalk adjacent to his house, of business, or premises in a clean and neat condition, nature. free of offensive matter of any h (Ord. No. 14(1989), § 2(15,76,180), 6-27-89) Sec. 10.12.150. Littering highways or sidewalks. No person shall throw, place, deposit or dump, or cause to be placed, d, dumped upon any highway or sidewalk, any bottle, can, garbage, rubbish or any likely to injure or damage traffic using the highway or sidewalk. (Ord. No. 14(1989), § 2(15.76.190), 6-27-89) Sec. 10.12.160. Operating noisy motor vehicles oft highways. (a) A person shall not operate any motor vehicle, including any motorcycle, trail bike buggy, motor scooter or jeep, or the motor thereof, on any place other than a hig so as to disturb the peace or quiet of any neighborhood or person by noise, dust, sr or fumes caused by such motor vehicle. (b) This section does not apply to any act prohibited by Penal Code § 372, or prohibit( expressly permitted by any state statute. (Ord. No. 14(1989), § 2(15.76.200), 6-27-89) Secs. 10.12.170--10.12.300. Reserved. DIVISION 2. SPEED Sec. 90.12.310. Prima facie speed limits on specified city streets. (a) The prima facie speed which is most appropriate to facilitate the orderly movement traffic and is a speed limit which is reasonable and safe on such portion of each su, street is set forth in this subsection for each such street, Brea Canyon Road, north city limit to Washington Street, 50 miles per hour. Brea Canyon Road, Washington Street to Diamond Bar Boulevard, 45 miles per hour. Brea Canyon Road, Diamond Bar Boulevard to south city limit, 50 miles per hour. Brea Canyon Cut-off Road, west city limit to Brea Canyon Road, 40 miles per hour. Chino Avenue, Chino Hills Parkway to east city limits, 45 miles per hour. Chino Hills Parkway, north city limit to the south city limits, 45 miles per hour. Cold Spring Lane, Brea Canyon Road to Diamond Bar Boulevard, 30 miles per hour. Copley Drive, Golden Springs Drive to Bridge Gate Drive, 40 miles per hour. place ind or or or Diamond Bar Boulevard, Brea Canyon Road to Goldrush Drive, 45 miles per hour. Diamond Bar Boulevard, Goldrush Drive to Sunset Crossing Road, 40 miles per hour. hour. Diamond Bar Boulevard, Sunset Crossing Road to Highland Valley Road, 40 mils per Diamond Bar Boulevard, Highland Valley Road to Temple Avenue, 50 miles per ho jr. mil, Fountain Springs Road, Brea Canyon Road to Diamond Bar Boulevard30 hour. per Gateway Center Drive, Bridge Gate Drive to Golden. Springs Drive, 40 miles per hour. Golden Springs Drive, west city limit to 900 feet west of Gona Court, 50 miles per hour. mile, Golden Springs Drive, 9,300 feet east of Adel Avenue to Sabana Drive45 hour. per Golden Springs Drive, 900 feet west of Gona Court to 9,300 feet east of Adel 40 miles per hour. Golden Springs Drive, Sabana Drive to Platina Drive, 40 miles per hour. Golden Springs Drive, Platina Drive to Temple Avenue, 45 miles per hour. Grand Avenue, east city limit to west city limit, 45 miles per hour. Highland Valley Road, Diamond Bar Boulevard to Del Sol Lane, 30 miles per hour. Kiowa Crest Drive, Eldertree to Diamond Bar Boulevard, 30 miles per hour. Lemon Avenue, north city limit to Golden Springs Drive, 45 miles per hour. Lycoming Avenue, Lemon Avenue to Brea Canyon Road, 35 miles per hour. Palomino Drive, Diamond Bar Boulevard to Ballena Drive, 30 miles per hour. Pathfinder Road, Canyon Ridge Road to Brea Canyon Road north, 45 miles per hour. Pathfinder Road, Brea Canyon Road north to Brea Canyon Road south of Fernholli Drive, 40 miles per hour. Pathfinder Road, Brea Canyon Road south of Fernhollow Drive to Diamond B Boulevard, 45 miles per hour. Prospectors Road, Golden Springs Drive to Sunset Crossing Road, 30 miles per hour. Sunset Crossing Road, west city limit to Diamond Bar Boulevard, 40 miles per hour. hour. Sunset Crossing Road, Diamond Bar Boulevard to Golden Springs Drive, 30 miles of Walnut Drive, west city limit to Lemon Avenue, 40 miles per hour. Washington Street, Brea Canyon Road to northeasterly city limit, 40 miles per hour. (b) The city engineer is hereby authorized and directed to install appropriate Signs u e such portion of each such street specified in this section giving notice of the prima favi speed limit for each such street declared in this section. (c) No person shall operate any vehicle in violation of this section. (Ord. No. 22(1989), §§ 1, 2, 9-19-89; Ord. No. 22A(1989), § 2, 10-1-91; Ord. No. 05(1999), 12, 5-18-99) Sec. 10.12.320. Speed limits when operating vehicles on county grounds. It shall be unlawful for any person to operate or drive any vehicle upon or within the grounds of any public building or institution of the city in any other than a careful and prudent manner, or at a greater rate of speed than is reasonable and proper, or so as to injure the lie or limb of any person or the safety of any property, provided that it shall be unlawful to operale or drive any vehicle at a rate of speed in excess of ten miles per hour. (Ord. No. 14(1989), § 2(15.96.010), 6-27-89) Secs. 10.12.330--10.12.500. Reserved. DIVISION 3. BOULEVARD STOPS Sec. 10.12.510. Dangerous intersections; flashing red signal or stop sign required. If the city council determines that an intersection of two or more highways or f a railroad and one or more highways is an intersection at which there is a special hazard tc life and property by reason of the volume of traffic upon such highways or railroad, or both, or at such intersection, or because of lack of visibility to the drivers of vehicles approaching such highways or railroad, or intersections, or because of the number of reported accidents or the apparent probability thereof, or by reason of physical conditions which render such highways or intersections exceptionally dangerous or hazardous to life or property, and where the fa tors creating the special hazard are such that, according to the principles and experience of tr Iffic engineering, requiring vehicles to stop before entering such intersection is reason 1bly calculated to reduce the expectancy of accidents, and that the use of warning signs wouk be inadequate, the city engineer shall: (1) At an intersection controlled by an official traffic control signal, provide that hen such signal is not in normal operation, it shall indicate a flashing red signal a the designated entrances; (2) At intersections not controlled by official traffic control signals, erect, or caus to be erected, boulevard stop signs complying with the provisions of the Vel icle Code at the designated entrance to such intersections. (3) No person shall operate any vehicle in violation of any such traffic control or signs. (Ord. No. 14(1989), § 2(15.36.010),6-27-89; Ord. No. 05(1999), § 13,5-18-99) Sec. 10.12.520. Removal of stop sign after traffic control signal: installed. If an official traffic control signal is erected at any intersection at which one or njore boulevard stop signs have been erected, the city engineer shall remove such stop signs at the time the official traffic control signal first operates. (Ord. No. 14(1989), § 2(15.36.020), 6-27-89) Sec. 10.12.530. No stop required; conditions designated. No stop need be made at any such intersection where: (1) An officer is on duty and directs traffic to proceed. (2) A stop -and -go signal is in operation and indicates that traffic may proceed. (3) The stop sign has been removed either pursuant to section 110.08.130 or otherwise. (4) The stop sign has been covered as provided in section 10.08.130. (5) The driver turns right into a highway from a separate right -turn lane which larie is delineated by buttons, markers or channelization, and no stop sign is in place at the intersection of such separate right -turn lane and such highway. (Ord. No. 14(1989), § 2(15.36.030), 6-27-89) Sec. 10.12,540. Yield right-of-way signs --Installation required in certain circu The city engineer shall erect, or cause to be erected, yield right-of-way signs comp] ing with provisions of the Vehicle Code at one or more approaches to an intersection of highw ys, which are not through highways, where the city council has determined that because of lack of visibility, or because of the number of reported accidents or the apparent probability the eof, such signs are considered necessary, and where according to the principles and experience of traffic engineering the installation of stop signs is not justified. No person shall operate any vehicle in violation of any such signs when erected. (Ord. No. 14(1989), § 2(15.36.040), 6-27-89; Ord. No. 05(1999), § 14, 5-18-99) Sec. 10.12.550. Same --Exceptions to driver compliance. Compliance with the yield right-of-way sign shall not be required where: (1) An officer is on duty and directs traffic to proceed without yielding the right-of-way. (2) The yield right-of-way sign has been removed either pursuant to 10,08. 130 or otherwise. (3) The yield right-of-way sign has been covered as provided in section 10.08.1 (Ord. No. 14(1989), § 2(15.36.050), 6-27-89) Sec. 10.12.560. Emergency conditions; stop sign installation authority. Where any emergency conditions described in section 10.12.510 exist, the city engir eer may erect or cause to be erected boulevard stop signs complying with the Vehicle Code as provided in section 10.12.510, and maintain such signs while such conditions continue. (Ord. No. 14(1989), § 2(15.36.060), 6-27-89) Secs. 10.12.570--10.12.700. Reserved. DIVISION 4. TURNING MOVEMENTS Sec. 10.12.710. Turning markers or signs; placement conditions. (a) Whenever the city council or city engineer finds and determines that in order to facilitate the movement of traffic at any intersection that vehicles should take a different co rse than that specified in Vehicle Code § 22100, or that right- or left-hand turns should be made from more than one lane, or that vehicles in certain lanes should be requir d to turn left or right, the city engineer shall place at such an intersection buttons, sig s or markers so indicating, pursuant to Vehicle Code § 22101. (b) At those intersections where the city engineer has placed buttons, signs or markers requiring right- or left-hand turns, no driver shall drive a vehicle other than as directed and required or permitted by such markers, buttons or signs. (Ord. No. 14(1989), § 2(15.40.010), 6-27-89) Sec. 10.12.720. Turn restrictions­Nearchannelization devices. (a) At locations where channelization devices have been placed and the city engineer Inds that it is necessary to prohibit left turns or right turns for the purpose of diminishinc the hazard of collision, he shall place appropriate signs prohibiting such left or right turns. (b) At those intersections where the city engineer has placed such signs, no person hall operate a vehicle other than as permitted by such signs. (Ord. No. 14(1989), § 2(15.40.020), 6-27-89; Ord. No. 05(1999), § 15, 5-18-99) Sec. 10.12.730. Same --Other intersections. (a) At all other locations at which the city council has determined and found thal the elimination of left turns or right turns is necessary to reduce traffic congestion or to diminish the hazard of collision, the city engineer shall place appropriate signs prohibiting such left or right turns. (b) At those intersections where the city engineer has placed such signs, no person operate a vehicle other than as directed and required or permitted by such signs. (Ord. No. 14(1989), § 2(15.40.030), 6-27-89; Ord. No. 05(1999), § 16, 5-18-99) Sec. 10.12.740. Turn against stop signal; restrictions. When appropriate signs have been erected pursuant to Vehicle Code § 21453 the driver of a vehicle which is stopped in obedience to a red or stop signal shall not make a right turn against such red or stop signal at any approach to any intersection when the city council has determined that such turns at such location would interfere with the safe and or erly movement of traffic. (Ord. No. 14(1989), § 2(15.40.040), 6-27-89) Sec. 10.12.750. Turning around prohibited in certain conditions. If the city council finds that the volume of traffic, the width of the highway, and traffic conditions at any intersection are such that the making of a U-turn at such interse would create a traffic hazard, the city engineer shall erect and maintain in a conspicuous 1 at such intersection an adequate sign stating that such U-turns are prohibited. No person operate a vehicle in violation of such signs when erected. (Ord. No. 14(1989), § 2(15.40.050), 6-27-89; Ord. No. 05(1999), § 17, 5-18-99) Secs. 10.12.760--10.12.900. Reserved. DIVISION 5. WEIGHT LIMITS Sec. 10.12.910. Established; specific streets. (a) No commercial vehicle, and no vehicle exceeding a maximum gross weight of 10,000 pounds, shall be used on any street within the city except a vehicle subject to the provisions of Public Utilities Code §§ 1031 to 1036, inclusive, any vehicle otherwise exempted by any provision of state law, any vehicle complying with the provisions of section 10, 12.920 and except as provided in subsection (b) of this section. (b) There are hereby established truck routes for use by vehicles exceeding a maxi um gross weight of 10,000 pounds and commercial vehicles during all hours of the day which truck routes are described as follows: Brea Canyon Road from Golden Springs Drive to the northerly city limit; Diamond Bar Boulevard from the Pomona Freeway (Route 60) northerly to 500 feet north of Sunset Crossing Road and are more specifically delineated by a plat set forth on Exhibit A, attached hereto, and by this reference incorporated in this section; Golden Springs Drive from Lemon Avenue to Brea Canyon Road; and Lemon Avenue from Golden Springs Drive to the northerly city limit. (Ord. No. 7(1990), § 3, 6-19-90) Editor's note --The exhibit referred to in the preceding section is not printed in this volum but is on file in the city offices. Sec. 10.12.920. Operation restricted. When any roads, highways, or streets are established and designated by appro riate signs as truck routes, the driver of any vehicle exceeding a maximum gross weight limit of 10,000 pounds, or any commercial vehicle, shall not drive within the city on any route, street or highway not so designated, except when necessary to traverse a street to a destination for the purpose of loading or unloading, but then only by such deviation from the nearest truck rOLte as is reasonably necessary. The provisions of this section shall not apply to passenger Iluses owned or operated by any public entity or to any vehicle subject to Public Utilities Code §§ 11031 to 1036, inclusive, as the same presently exist or as they may be amended from time tol time hereafter. (Ord. No. 7(1990), § 4, 6-19-90) Secs. 10.12.930--10.12.1100. Reserved. DIVISION 6. CROSSWALKS AND BICYCLE LANES Sec. 10.12.1110. Crosswalks at intersections. The city engineer may mark a portion of a roadway at intersections or in conj with channelizing islands, adjacent to intersections, if he finds that such markings will traffic hazards. (Ord. No. 14(1989), § 2(15.52.020), 6-27-89) Sec. 10.12.1120. Pedestrians and bicyclists; roadway crossing restrictions. The city engineer may place signs where it has been determined that condi vehicular and pedestrian or bicycle traffic are such that a traffic hazard would pedestrians or bicyclists were permitted to cross the roadway at these locations direct pedestrians and bicyclists shall not cross at a location so indicated. No pedestrian person operating a bicycle shall cross at any such location. (Ord. No. 14(1989), § 2(15.52.030), 6-27-89; Ord. No. 05(1999), § 18, 5-18-99) Sec. 10.12.1130. Bicycle lanes --Placement; use by motor vehicles. (a) if the city engineer finds that the width of a highway, and the amount of traffic the such that a separate lane could be provided to accommodate bicycle traffic, place appropriate markings and may erect and maintain appropriate signs indict bicycle lane. (b) A person shall not operate a motor vehicle in the bicycle lane except to crc permanent or temporary driveway, or for the purpose of parking a vehicle where is permitted or where the vehicle is disabled. (Ord. No. 14(1989), § 2(15.52.040), 6-27-89) Sec. 10.12.1140. Same --Pedestrian use restrictions. Where signs or markings do not prohibit pedestrians upon a bicycle lane, no pec shall walk upon a bicycle lane, except to cross, otherwise than close to the edge of the lane farthest from vehicular traffic. (Ord. No. 14(1989), § 2(15.52.050), 6-27-89) State law references) --Authorized, Vehicle Code § 21207. Sec. 10.12.1150. Same --Placement of signs prohibiting pedestrians. s of st if that any in, is may a the at a rking cycle Where sidewalk or other suitable area is available for pedestrian use, the city enOineer may place and maintain appropriate signs and/or pavement markings prohibiting pedestr ans from walking upon bicycle lanes except to cross. (Ord. No. 14(1989), § 2(15.52.060), 6-27-89) Sec. 10.12.1160. Same --Pedestrians prohibited in certain cases. A pedestrian shall not walk upon a bicycle lane, except to cross, where such lane has been posted with appropriate signs or markings pursuant to section 10.12.1150. (Ord. No. 14(1989), § 2(15.52.070), 6-27-89) Secs, 10.12.1170--10.12.1300. Reserved. DIVISION 7. INTOXICATION CONTROL ROADBLOCKS* *Cross reference(s)--Alcoholic beverages offenses, § 9.08.210 et seq. Sec. 10.12.1310. Generally. An intoxication control roadblock, designated "ICR" in this division, is a roadblock established by the sheriff, with the primary goal of detecting and prosecuting drivers intoxicated by alcohol, controlled substances, or committing similar offenses. ICR's shall be conside ed in accordance with the provisions established by this chapter. The provisions of this divisi n are not required to be applied to roadblocks which do not have as their primary goal detectin3 and prosecuting the drivers intoxicated by alcohol, controlled substances, or committing imilar offenses. (Ord. No. 14(1989), § 2(15.62.010), 6-27-89) Sec. 10.12.1320. Written procedures. An ICR shall be implemented pursuant to written procedures promulgated by the E heriff, in conformity with and not more intrusive than the standards and guidelines set forth n this division. Nothing in this division shall be construed as preventing the sheriff from establishing additional standards and guidelines, especially those that may be required by decisions of the courts or state statutes. (Ord. No. 14(1989), § 2(15.62.020), 6-27-89) Sec. 10.12.1330. Location of ICR. The location where an ICR is to be placed shall be determined in advance y the sheriffs personnel of at least the rank of lieutenant. In determining the location of an ICR, consideration should be given to areas where disproportionately high levels of drunk -driving -related accidents have occurred or are anticipated. (Ord. No. 14(1989), § 2(15.62.030), 6-27-89) Sec. 10.12.1340. Prearranged plan; requirements. An ICR shall be established pursuant to a prearranged plan established by supe visoq personnel consistent with the following: (�) Selection of vehicles to be stopped. The selection procedure for stopping vehicles shall not be arbitrary. It is permissible to stop every vehicle at an ICIR, or every vehicle proceeding in a particular direction, or that vehicles are stopped in a numerical sequence such as every fifth vehicle or every tenth vehicle. The prearranged plan may authorize the waiver of certain classes of vehicles a pound the ICR roadblock which are determined to be exempt from roadblock stops. (2) Nondeceptive manner. An ICR shall be conducted in a nondeceptive manner. All officers involved in an ICR shall be in uniform and shall carry proper identification. Vehicles, if any, used as part of an ICR shall be marked radio cars. An ICR shall be marked by signs, flares, traffic cones or other alter ative methods. (3) Motorist safety. An ICR shall be conducted in a manner which is consistent with motorist and pedestrian safety. Provisions should be made, to the extent feasible, for proper illumination and holding areas for vehicles detained. (4) Minimization of motorist inconvenience. An ICR shall be conducted in a me nner which seeks to minimize inconvenience to the motorist. The motorist shall not be delayed unreasonably, and the prearranged plan should have as a goal tha the time spent waiting in line as well as inspection by roadblock personnel shout J be less than five minutes except for vehicles as to which there is a reasonable suspicion that the occupants are in violation of a statute or ordinance. Occupants of a vehicle shall not be asked to step out of the vehicle unless there is a reasonable suspicion to believe the occupants are in violation of a statuta or ordinance. (Ord. No. 14(1989), § 2(15.62.040), 6-27-89) Secs. 10.12.1350--10.12.1500. Reserved. DIVISION 8. TRESPASS BY MOTOR VEHICLES Sec. 10.12.1510. Definitions. The following words, terms and phrases, when used in this division, shall have he meanings ascribed to them in this section, except where the context clearly indicates a diffe nt meaning: Private street means a street over which private persons have an easement to and does not include driveways, paths or other ways over which no one has a right to except by license. (Ord. No. 14(1989), § 2(15.68.010), 6-27-89) Cross references) --Definitions generally, § 1.00.070. Sec. 10.12.1520. Private property; operating vehicle without permission. A person shall not operate any type of motor vehicle upon the private propf another except a highway or private street, without first obtaining the written permission person in lawful possession of the property or, if the property is unoccupied, of the owner. (Ord. No. 14(1989), § 2(15.68.020), 6-27-89) Sec. 10.12.1530. Public property; operating vehicle without permission. A person shall not operate any type of motor vehicle upon any public property ex, highway or private street, without first obtaining the written permission of the public entity is in possession of such property or, if the property is unoccupied, of the public entity owns such property. (Ord. No. 14(1989), § 2(15.68.030), 6-27-89) Sec. 10.12.1540. Possession of written permission required by vehicle driver Every person who operates any type of motor vehicle upon the private prope operating shall maintain in his possession the written permission required 1 t another or upon any public property except a highway or private street, at all times wh except that if the same document grants such permission to two or more peby this div persons, a p named in such document need not have such document in his possession while another p. named in the same document, riding in the same group, and not more than 300 feet from person, has such document in his possession. (Ord. No. 14(1989), § 2(15.68.040), 6-27-89) Sec. 10.12.1550. Exceptions; emergency, commercial and other vehicles. This division does not prohibit the use of such property by: (1) Emergency vehicles. (2) Vehicles of commerce in the course of the conduct of normal business. (3) Vehicles being operated on property devoted to commercial or indus purposes where such operation is in conjunction with commercial or indus use and where such operation is expressly or impliedly given by the persoi possession of the property. (4) Vehicles operating on property actually used for residential purposes and wh such vehicles are there at the express or implied invitation of the owner occupant. (5) Vehicles being operated on public or private parking lots where permission to operate is expressly or impliedly given by the person in possession of the lot. (6) Vehicles being operated on private or public lands where permission to open motor vehicles has been expressly or impliedly given by posting such lands open for recreational off-highway use. of the a of so ion, in (Ord. No. 14(1989), § 2(15.68.050), 6-27-89) Sec. 10.12.1560. Conflict with state law. This division does not prohibit any act, either expressly authorized or expn prohibited by either Penal Code § 602, or Vehicle Code § 21113, or by any other state law. (Ord. No. 14(1989), § 2(15.68.060), 6-27-89) Secs. 10.12.1570--10.12.1700. Reserved. DIVISION 9. CRUISING Sec. 10.12.1710. Prohibited; exceptions. (a) (b) (c) (d) No person shall be a driver or passenger of a motor vehicle driven past a traffic 1 point in traffic which is congested at or near the traffic control point, within four after the vehicle driver has been given an adequate written notice that further past the traffic control point within this time frame is prohibited. This section shall not apply to the drivers or passengers of the following vehicles: (1) Any authorized emergency vehicle as defined in Vehicle Code § 165, (2) Any publicly owned vehicle of any city, county, district, state or federal agency; or (3) Any vehicle licensed for public transportation or vehicles which are normally used for business purposes and are engaged in such business use. The ranking peace officer on duty within the affected area shall have the autho ity to establish a traffic control point for the purpose of regulating vehicular cruising. No person is in violation of this section unless: (1) That person has been given the written notice on a previous driving trip past the traffic control point and then again passes the control point within the prot ibited time frame; and (2) The beginning and end of the portion of the street subject to vehicular cruising controls are clearly identified by signs that briefly and clearly stata the appropriate provisions of this chapter. (Ord. No. 14(1989), § 2(15.78.010), 6-27-89) State law references) --Authority, Vehicle Code § 21100(k). Sec. 10.12.1720. Penalty for violation of section 10.04.010. Notwithstanding the provisions of section 10.04.010, it is a misdemeanor for any to violate the provisions of section 10.12.1710, and upon conviction thereof such persc be punished as provided in section 1.04.010. (Ord. No. 14(1989), § 2(15.78.020), 6-27-89) shall CHAPTER 10.16. STOPPING, STANDING AND PARKING DIVISION 1. GENERALLY Secs. 10.16.010--10.16.100. Reserved. DIVISION 2. PARKING TIME LIMITS Sec. 10.16.110. Signs limiting parking time authorized in certain circumstances. Whenever the city council finds that on any portion of the highway or of a private treet or of any parking lot maintained or operated for the public by the city there is at any time lZ ck of sufficient space to accommodate the drivers of vehicles and that the time of parking shOL Id be limited so that everyone may have his/her fair turn, the city engineer shall erect and ma ntain adequate signs along such portion of the highway specifying the limitation on the time of parking. No person shall park or leave standing any vehicle in violation of any such sign. (Ord. No. 14(1989), § 2(15.64.010), 6-27-89; Ord. No. 05(1999), § 19, 5-18-99) Sec. 10.16.120. Commercial loading zones. A driver shall not stop for any purpose other than loading or unloading betwee the hours of 7:00 a.m. and 6:00 p.m., on any day except Sunday, or at such time as the city council may designate, in any place marked by the city engineer, as provided in this section. Such stop shall not exceed three minutes for a passenger vehicle and shall not exceed 20 minutes for a commercial vehicle in any loading zone so marked by the city engineer in accordance with the Vehicle Code. The city engineer shall so place signs or curb markings if the city councill finds traffic conditions are such to make loading feasible. Unless otherwise specified by th city council, such loading zone shall not exceed 30 feet in length. (Ord. No. 14(1989), § 2(15.64.020), 6-27-89) Sec. 10.16.130. Post office parking restrictions. The driver of a vehicle shall not park such vehicle for a longer time than ten minutes between the hours of 7:00 a.m. and 6:00 p.m. for a distance of 40 feet adjacent to any post office when there shall be in place appropriate markings or signs so placed by authority f the city engineer in accordance with this title. (Ord. No. 14(1989), § 2(15.64.030), 6-27-89) Sec. 10.16.140. Depositing mail; restrictions. A driver shall not stop or park for any purpose other than a stop not to exceed a of time reasonably necessary for the deposit of mail in an adjacent mailbox at those to marked by the city engineer pursuant to provisions of the Vehicle Code. (Ord. No. 14(1989), § 2(15.64.040), 6-27-89) Sec. 10.16.150. Commercial vehicle parking restrictions --Generally. (a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Commercial vehicle means any vehicle which fits the definition of commercial ve icles set forth in Vehicle Code § 260, as amended from time to time, or any successor pro ision thereof. Semitrailer means any vehicle which fits the definition of semitrailer set forth in Vehicle Code § 5550, as amended from time to time, or any successor provision thereof. Trailer means any vehicle which fits the definition of trailer set forth in Vehicle C de § 630, as amended from time to time, or any successor provision thereof. (b) No person shall stop, park or stand any commercial vehicle for more than one -hal hour on any street located within the city in a commercial or industrial zone, except while loading or unloading property, for such time in addition to such one -half-hour period as is necessary to complete such work, or when such vehicle is parked in connection with and in aid of the performance of a service to or on property in the block in which such vehicle is parked for such time in addition to such one -half-hour period as is reqsnably necessary to complete such service. (c) No person shall stop, park or stand any commercial vehicle having a manufac urer's gross vehicle weight rating of 10,000 pounds or more on any street, or portion thereof, located in a residential district within the city, except for such time as is reasonably necessary to make pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the street or for such time as is reasonably necessary for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon the str et for which a building permit has previously been obtained from the city. (d) No person shall stop, park or stand any trailer or semitrailer on any street, highway or alley located within the city unless such trailer or semitrailer is then attached to a motor vehicle capable of drawing or carrying it upon the public streets and highways. (e) The prohibitions contained in this section shall not apply to areas designated by resolution of the city council. (Ord. No. 4(1990), §§ 1, 2, 4-3-90) Sec. 10.16.160. Same --Between 10:00 p.m. and 6:00 a.m. Whenever the city council finds that the parking of commercial vehicles on certain ublic streets or alleys is creating a public nuisance or safety hazard, the city engineer shall ere t and maintain adequate signs along such public streets and alleys specifying that a person shall not park any commercial vehicle weighing more than 6,000 pounds unladen between the hoirs of 10:00 p.m. and 6:00 a.m. (Ord. No. 14(1989), § 2(15.64.055), 6-27-89) Sec. 10.16.170. Provisions applicable to state highways. The provisions of this division apply to state highways, except that a sign or marking shall not be effective unless and until the finding of the city council is approved by the 3tate department of public works. The city engineer shall remove any sign or marking or parking meter on a state highway within six months after the city receives written notice th the approval of the state department of public works has been withdrawn. (Ord. No. 14(1989), § 2(15.64.080), 6-27-89) Sec. 10.16.180. Public utility and highway work vehicles; warning devices required. The restrictions in this chapter, including both this division, all of division 3, a cept sections 10.16.430--10.16.480 and 10.16.510, and division 4 thereof prohibiting the stopping, standing or parking of vehicles shall not apply to the operator or owner of any service vehicle owned or operated by or for, or operated under contract with a utility or public utility wh ther privately, municipally or publicly owned, used in the construction, operation, removal or repair of utility property or facilities when such vehicle is stopped, standing or parked at the site of work involving the construction, operation, removal or repair of such utility or public utility prope y or facilities upon, in, over, under or adjacent to a street or highway, or of a vehicle, wh ther privately, municipally or publicly owned, engaged in authorized work on the highway; provided that warning devices are displayed as specified in this section: (1) During daylight such warning devices shall consist of: a. A warning flag or barricade striping on the front and rear of such or b. A warning flag, sign or barrier on the highway not more than 50 f et in advance of the vehicle and not more than 50 feet to the rear th reof; provided, however, that in zones where the maximum speed limit is in excess of 25 miles per hour such 50 -foot distance may be increaSE d up to 500 feet from the vehicle as circumstances may warrant. (2) During the time from a half hour after sunset to a half hour before sunrise, or at any time when there is not sufficient light to render clearly discernible any person or vehicle on the highway at a distance of 500 feet. Such warning device shall consist of: a. One or more lights or fusees on the vehicle giving warninj to approaching traffic from each direction; or b. A warning light, flare, fusee or reflector on the highway not more th n 50 feet in advance of the vehicle and not more than 50 feet to the rear thereof; provided, however, that in zones where the maximum speec limit is in excess of 25 miles per hour, such 50 -foot distance may be increased up to 500 feet from the vehicle where circumstances may warrant. (3) The provisions of subsections (1) and (2) of this section shall not be deem 'to prevent the display of the warning devices specified in subsection a. or b. of each subsection respectively. (4) During either daylight or the time referred to in subsection (2) of this section other warning devices shall be necessary if the vehicle is an author emergency vehicle within the provisions of the Vehicle Code and is equir with a flashing red light visible to approaching traffic from each direction. (Ord. No. 14(1989), § 2(15.64.090), 6-27-89) Sec. 10.16.190. Trailers or semitrailers; parking requirements. (a) No person shall park any trailer or semitrailer upon any highway, street, alley, public or public place unless the trailer or semitrailer is at all times while so parked attach) a vehicle capable of moving the trailer or semitrailer in a normal manner upor highway, street, alley, public way or public place, except with a 24-hour parking p as provided below. (b) This section shall not apply to trailers or semitrailers which are disabled in su manner and to such an extent that it is impossible to avoid stopping and tempt leaving the disabled trailer or semitrailer on that portion of highway, street, alley, G way or public place ordinarily used for vehicular parking. (c) Notwithstanding subsection (a), a resident or a guest of a resident may, for the pul of loading aneunloading, rod notto exceed 24 hourrs with ta valid and properailer or rly displayedr upon any rperd street fora pr accordance with the following procedures: (1) In order to obtain a 24-hour parking permit, the resident must subn application, which shall be prepared by the city engineer or his/her desi Each application shall be accompanied by a permit fee, which shall be resolution of the city council. (2) The permit must be affixed to he left side of the rear bumper of the vehicle the vehicle is parked and unattached. There is no limit upon the numl 24-hour parking permits which may be issued to a resident. (3) Any person issued a permit shall comply with the provisions of this sectic the provisions of subsections (b), (c) and (d) of section 10.16.1310 of this Any person in violation of those provisions shall be subject to the revocation procedures set forth in section 10.16.1320 of this Code. (Ord. No. 14(1989), § 2(15.64.100), 6-27-89; Ord. No. 02(1999), § 1, 1-19-99) no way ;d to the a ntial it, in t an nee. ;t by when ►er of and Sec. 10.16.200. Passenger loading. (a) An operator shall not park or stop for any purpose other than a stop of not to exceed three minutes to load or unload passengers at any time in any of the following places when there shall be in place appropriate markings or signs so placed by authority of the city engineer in accordance with this title: (1) For a distance of 30 feet along any curb at the main entrance to any hotel; (2) At any curb in front of any portion of the main entrance and outside vestibule of any theater during any time such theater is open for public performance; (3) In any passenger loading zone so marked by the city engineer. (b) The city engineer may place curb paint markings at the places specified by sub: (a)(1) and (a)(2) of this section and shall place such markings at those other loci which the city council finds that traffic conditions are such as to make passenger zones feasible. (Ord. No. 14(1989), § 2(15.64.120), 6-27-89) Sec. 10.16.210. Alloys; parking limits. A driver shall not park or stop in any alley for any purpose other than the load unloading of passengers or materials, or both. Such driver shall not stop for the load unloading of passengers for more than three minutes or for the loading or unloadi materials for more than 20 minutes at any time in any alley. (Ord. No. 14(1989), § 2(15.64.130), 6-27-89) Sec. 10.16.220. Temporary restrictions authorized in certain circumstances Whenever the city engineer finds that traffic congestion or traffic hazard is likely to from the operation, stopping, standing or parking of vehicles during the holding of put private assemblages, gatherings or functions, or during the construction, alteration, r sweeping or improvement of any highway, or for other reason, he may place or cause placed temporary signs prohibiting the operation, stopping, standing or parking of vel during the period such conditions exist and giving notice that the vehicle may be rem which signs shall be erected at least 24 hours prior to any removal. No person shall opf park or leave standing any vehicle in violation of any such sign. (Ord. No. 14(1989), § 2(15.64.140), 6-27-89; Ord. No. 05(1999), § 20, 5-18-99) Sec. 10.16.230. Removal of vehicle parked in temporarily restricted area. i€ a driver parks any vehicle contrary to the provisions of section 10.16.220, the shall move such vehicle to the nearest safe place on the highway. (Ord. No. 14(1989), § 2(15.64.150), 6-27-89) Sec. 10.16.240. Second removal of illegally parked vehicle. If the sheriff, pursuant to the provisions of section 10.16.230 or of this section, mo, vehicle to a place where parking is prohibited by section 10.16.220, if and when the presen such vehicle at such place also prevents or interferes with the construction, alteratic improvement of the highway, he shall move such vehicle again as provided in such section. (Ord. No. 14(1989), § 2(15.64.160), 6-27-89) Sec. 10.16.250. Violation of division 2 or division 4 provisions; additional violations; fines. (a) When a notice of a violation of any provision of division 2 and division 4 of this at ng or or of is or be .a of or is attached to a vehicle pursuant to Vehicle Code § 41103 and thereafter the v remains parked in the same place for an additional period of time exceeding the permitted by division 2 and division 4 of this chapter, such additional parking constitute an additional violation of the provisions of this title, except that regard!( the length of time a vehicle is parked during a particular calendar day such parkinc not constitute more than three violations. (b) Each violation shall be punishable by a fine of $2.00. (Ord. No. 14(1989), § 2(15.64.170), 6-27-89) Secs. 10.16.260--10.16.400. Reserved. DIVISION 3. RESTRICTIONS AND PROHIBITIONS Sec. 10.16.410. Parking in certain places prohibited; exceptions. A driver shall not park a vehicle in any of the places designated in sections 10.16. 10.16.440, 10.16.500, and 10.16.520 through 10.16.660 except when necessary to G conflict with other traffic or in compliance with a traffic sign or signal or direction of a p, officer, and except that such sections do not prohibit motor buses stopping to receiv+ discharge passengers at such locations when such locations are appropriately marked as loading zones. (Ord. No. 14(1989), § 2(15.64.180), 6-27-89) Sec. 10.16.420. Regulations applicable on state highways The provisions of sections 10.16.410, 10.16.440, 10.16.500 and 10.16.520 th 10.16.660, except section 10.16.560, apply to state highways except that a sign or m; shall not be effective unless and until the finding of the city council is approved by the department of public works. The city engineer shall remove any such sign on a state hic within six months after the city receives a written notice that the approval of the' department of public works has been withdrawn. (Ord. No. 14(1989), § 2(15.64.190), 6-27-89) Sec. 10.16.430. Vehicles parked over 72 hours; removal by sheriff. (a) No person shall park or leave standing any vehicle upon a highway for 72 or consecutive hours. ;hicle time shall ss of shall or bus (b) The sheriff shall remove to a safe place every vehicle which has been parked or Ilef1 standing upon a highway for 72 or more consecutive hours. II (c) As used in this section, the words safe place include, but are not confined to, any garage, parking lot or open space owned by, maintained by or under the jurisdiction of the city, and also every privately owned garage the owner or proprietor of which will accept such vehicle. (Ord. No. 14(1989), § 2(15.64.200), 6-27-89; Ord. No. 05(1999), § 21, 5-18-99) Sec. 10.16.440. Removal of ignition key when parking Every driver who parks a motor vehicle upon any highway shall first lock the remove the key therefrom and take such key with him, unless a licensed driver remains motor vehicle, in which case such licensed driver before leaving such vehicle shall first ignition, remove the key therefrom, and take such key with him. (Ord. No. 14(1989), § 2(15.64.210), 6-27-89) Sec. 10.16.450. Parking on steep grades. Whenever the city engineer has placed or caused to be placed appropriate driver shall not park a vehicle on any highway unattended when upon any grade ex three percent within any business or residence district without blocking the wheels of the by turning them against the curb. (Ord. No. 14(1989), § 2(15.64.220), 6-27-89) State law references) --Authority, Vehicle Code § 22509. Sec. 10.16.460. Angle parking. Whenever the city council finds that the width of a highway and traffic condition; such that the parking of vehicles at an angle to the curb instead of parallel to the curb wi impede traffic, and that there is need for the additional parking space which parking at an 2 will provide, the city engineer shall indicate at what angle traffic conditions make it desil that vehicles should be parked by placing parallel white lines on the surface of the roadway such portions of such highways, whether such lines were painted before or after the effel date of the ordinance codified in this title, a driver shall not stop, stand or park any vel except between, at the angle indicated by, and parallel to both such adjacent white lines, the nearest wheel not more than one foot from the curb. (Ord. No. 14(1989), § 2(15.64.240), 6-27-89) Sec. 10.16.470. Double parking. (a) A person shall not park any vehicle on the roadway side of a vehicle which is stop parked or standing on a private street at the curb or edge of the roadway. (b) For the purpose of this section, the word "roadway" is defined as that portion of street which is improved. such k the a ling icle are not Igle On icle (c) This section does not prohibit any action prohibited by Vehicle Code § 22500 or �ny other state law. (Ord. No. 14(1989), § 2(15.64.250), 6-27-89) Sec. 10.16.480. Parking prohibitions for specific places; council authority. (a) Whenever the city council finds that the parking of vehicles at all or certain hours of day upon any portion of a highway or of a private street which is open to the pu constitutes a traffic hazard or impedes the free flow of traffic, or both, the city enc shall erect signs stating that on such portion of such highway or such private parking is prohibited at all or certain hours of the day. ineer (b) No person shall stop, stand or park a vehicle along any of the following $trees, or indicated portions thereof, at any time: Golden Springs Drive, on either side, from its intersection with Brea Canyon Road#o the westerly city limits. (Ord. No. 14(1989), § 2(15.64.260), 6-27-89; Ord. No. 3(1990), § 2, 4-3-90) Sec. 10.16.490. Parking prohibitions for vehicles over six feet high, near Whenever the city council finds that the parking of vehicles, with a height of six fE more, within 100 feet of an intersection, creates a visibility limitation resulting in a pot traffic hazard, the city engineer shall erect signs or markings stating that the parking of vel with a height of six feet or more is prohibited within 100 feet of an intersection. No person park or leave standing any vehicle in violation of such prohibition. (Ord. No. 14(1989), § 2(15.64.261), 6-27-89; Ord. No. 05(1999), § 22, 5-18-99) Sec. 10.16.500. Parking on private driveways or other public and private property (a) A person shall not park any vehicle, whether attended or unattended, in any driveway or upon any public or private property, except a highway, without the or implied consent of the owner or person in lawful possession of such drivc property. (b) This action does not prohibit any act, either expressly authorized or expressly p by either Penal Code § 602, or Vehicle Code § 21113, or by any other state law. (Ord. No. 14(1989), § 2(15.64.270), 6-27-89) Sec. 10.16.510. Dual roadways. Where a highway includes two or more separate roadways and traffic is restricted direction upon any such roadway, a person shall not park a vehicle upon the left-hand any such roadway unless the city council finds that such standing or parking will not cons traffic hazard or impede the free flow of traffic. (Ord. No. 14(1989), § 2(15.64.280), 6-27-89) Sec. 10.16.520. Parking between curb and adjacent property. A person shall not park any motor vehicle between any curb and the adjacent p line except at those locations where the city council finds that such parking will not cons traffic hazard or public nuisance. (Ord. No. 14(1989), § 2(15.64.290), 6-27-89) Sec. 10.16.530. Blocking highway or private street. or ial or one of to a a A person shall not park any vehicle, whether attended or unattended, upon any hi where the roadway is bordered by adjacent curbs or upon any private street which is o the public, whether bordered by curbs or not, unless not less than eight feet of the width paved or improved or main traveled portion of such highway or such private street op such parked vehicle is left clear and unobstructed for the free passage of other vehicles. (Ord, No. 14(1989), § 2(15.64.300), 6-27-89) Sec. 10.16.540. Vehicles transporting hazardous materials; parking restrictions. (a) For purposes of this section: (1) A motor vehicle is attended when the person in charge of the vehicle is vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehi has it within his unobstructed field of view. (2) A qualified representative of a motor carrier is a person who: a. Has been designated by the carrier to attend the vehicle; b. Is aware of the nature of the hazardous material or substance in the vehicle he attends; Ihway en to :)f the the and C. Has been instructed on the procedures he must follow in emerge cie: concerning hazardous materials or substances; and d. Is authorized to move the vehicle and has the means and ability to do so. (b) A vehicle transporting a hazardous material or substance as identified in title 49 FR must be attended at all times by its driver or a qualified representative of the motor carrier that operates it, and shall not be parked on any highway, highway shout er, street, alley, public way or public place, or within five feet of the traveled portion ther of, within a residential zone, or within 1,000 feet of any school, or within 300 feet of any bridge or tunnel, except for brief periods when mechanical or equipment failurE or disablement or malfunction of the vehicle, or the necessities of operation require the vehicle to be parked and make it impractical to park the vehicle in any other place. (c) Repair, maintenance, refuse, utility, termite and pesticide vehicles, fuel delivery vehic es, and vehicles delivering life support and health commodities, while servicing resider tial areas or schools, are exempt from the provisions of subsection (b) of this section. Additionally, such exempt vehicles need not be attended while the drivers re performing duties that are evident and necessary as the driver of the vehicle or he provider of the service. (d) The rules of this section do not relieve a driver from any obligation imposed by fede state or local laws relating to the transportation of hazardous materials or explosiv motor carrier safety regulations, or the placement of warning signs or devices whet motor vehicle is stopped on a public street or highway. (Ord. No. 14(1989), § 2(15.64.310), 6-27-89) Sec. 10.16.550. Blocking driveways on private streets. a (a) A person shall not park any vehicle in front of a driveway on a private street whih is open to the public. (b) This section does not prohibit any action prohibited by Vehicle Code § 22500 or by any other state law. (Ord. No. 14(1989), § 2(15.64.320), 6-27-89) Sec. 10.16.560. Parking in intersections permitted in certain cases. A driver may park within an intersection adjacent to the curb if the city council pursuant to Vehicle Code § 22500, that the width of the highway and traffic conditions are that such parking will not constitute a traffic hazard or impede the free flow of traffic. (Ord. No. 14(1989), § 2(15.64.330), 6-27-89) Sec. 10.16.570. Parking vehicles for sale or rent. A person shall not park any vehicle or cause any vehicle to be parked on any higi for the purpose of displaying such vehicle or equipment on such vehicle for either sale or re (Ord. No. 14(1989), § 2(15.64.340), 6-27-89) Sec. 10.16.580. Special hazard areas; parking prohibition authority. At any place for a distance not to exceed 100 feet where the city engineer finds hat parking would unduly hamper the free flow of traffic, result in special traffic hazard, or endar ger public health or safety, he shall place appropriate signs or markings prohibiting such parking. No person shall park or leave standing any vehicle in violation of such signs or markings. (Ord. No. 14(1989), § 2(15.64.350), 6-27-89; Ord. No. 05(1999), § 23, 5-18-99) Sec. 10.16.590. Areas adjacent to schools. Whenever the city engineer finds that parking adjacent to any school property would unduly hamper the free flow of traffic or otherwise constitute a traffic hazard, he shall pl ace appropriate signs or markings prohibiting such parking. No person shall park or leave stanc ing any vehicle in violation of such signs or markings. (Ord. No. 14(1989), § 2(15.64.360), 6-27-89; Ord. No. 05(1999), § 24, 5-18-99) Sec. 10.16.600. Areas near fire hydrants on private roads. (a) A driver shall not park within 15 feet of a fire hydrant on any private road except when such vehicle is attended by a licensed driver or chauffeur who is seated in the front seat and who can immediately move such vehicle in case of necessity. (b) This section does not prohibit any action prohibited by Vehicle Code § 22514 or by any other state law. (Ord. No. 14(1989), § 2(15.64.370), 6-27-89) Sec. 10.16.610. Reserved. Editor's note --Ord. No. 05(1999), § 25, adopted May 18, 1999, repealed § 10.16.610, v pertained to public utility and highway work vehicles and derived from Ord. No. 14(1989), 2(15.64.380), adopted June 27, 1989. Sec. 10.16.620. Use of assigned parking spaces. Whenever any vehicle parking space is assigned for the exclusive use of the oca of any building, whether residential, commercial or industrial, which parking space is withii building or elsewhere, and at, in or near such parking space there is a legible sign stating that such space is exclusively assigned, or that parking is prohibited, or both, a person, than the person to whom such parking space is assigned, shall not park any vehicle it parking space except with the permission of the person to whom such parking spc assigned. (Ord. No. 14(1989), § 2(15.64.390), 6-27-89) Sec. 10.16.630. Physically handicapped persons; off-street parking facilities Whenever the city council designates stalls or spaces in an off-street parking fa owned or operated by the city, for the exclusive use of physically handicapped persons w vehicles display either one of the distinguishing license plates issued to disabled per pursuant to Vehicle Code § 22511.5 or to disabled veterans as specified in Vehicle Co 9105, a driver of any vehicle not displaying one of the aforesaid distinguishing license p shall not park such vehicle in such parking space. The designation shall be made by po immediately adjacent to, and visible from, each stall or space, a sign consisting of a profile of a wheelchair with occupant in white on a blue background and by outlining or pail markings in accordance with California Vehicle Code § 22511.8. (Ord. No. 14(1989), § 2(15.64.410), 6-27-89; Ord. No. 05(1999), § 26, 5-18-99) Sec. 10.16.640. Taxicab stands --Authorized locations. Whenever the business license commission, in granting a taxicab operator's pursuant to title 5 of this Code, specifies any taxicab stands, such locations shall be taxicab stands. (Ord. No. 14(1989), § 2(15.64.420), (3-27-89) Sec. 10.16.650. Same --Marking. The city engineer shall designate taxicab stands by the use of white paint on the ci and shall cause such stands to be marked or signposted with appropriate markings signposts. (Ord. No. 14(1989), § 2(15.64.430), 6-27-89) Sec. 10.16.660. Same --Use restrictions. ich rpant such other such -e is e§ mg ew irb, or The driver of any vehicle, including the driver of a taxicab, except the driver of a to which a taxicab stand has been assigned, shall not park such vehicle in such taxicab (Ord. No. 14(1989), § 2(15.64.440), 6-27-89) Secs. 10.16.670--10.16.500. Reserved. DIVISION 4. PARKING METERS Sec. 10.16.810, Installation authorized in certain circumstances. The city engineer shall place and maintain parking meters on those city highv portions of city highways and portions of state highways designated by the city coon approved by the state department of public works and on those parking lots designated city council maintained or operated for the public by the city at a charge to the public. (Ord. No. 14(1989), § 2(15.64.450), 6-27-89) Sec. 10.16.820. Hours of operation. The city engineer shall determine the hours and days during which use of pai meters shall be required and shall indicate such hours and days by appropriate signs. (Ord. No. 14(1989), § 2(15.64.460), 6-27-89) Sec. 10.16.830. Highway parking requirements when meters installed. A person shall not park any vehicle on any portion of a highway on which a meter is installed at any time during which the time of parking is limited by this title, and hours of meter operation as indicated by a sign on the parking meter, except during the indicated by the parking meter indicator as legal for such parking. (Ord. No. 14(1989), § 2(15.64.470), 6-27-89) Sec. 10.16.840. Parking lot requirements when meters installed. A person shall not park any vehicle on any parking lot maintained or operated for public by the county at a charge to the public on which a parking meter is installed at any ti during which the time of parking is limited except during the period indicated byappropri signs on such lot as legal for such parking. (Ord. No. 14(1989), § 2(15.64.480), 6-27-89) Sec. 10.16.850. Deposit of fees required. s or and the ng A person shall not park any vehicle in any space metered by a parking meter with ut depositing the proper fee as indicated on such parking meter for such parking. (Ord. No. 14(1989), § 2(15.64.490), 6-27-89) Sec. 10.16.860. Deposit of slugs. A person shall not deposit any slug or other object except legal currency of the States in any parking meter. (Ord. No. 14(1989), § 2(15.64.500), 6-27-89) Secs. 10.16.870--10.16.1000. Reserved. DIVISION 5. TOW -AWAY ZONES Sec. 10.16.1010. Council findings. If the city council finds that the volume of traffic or other conditions at any locatic such that the enforcement of the provisions of this chapter prohibiting or restricting parki the imposition of criminal penalties is not sufficient to prevent the illegal parking of vehic may direct the city engineer to post at such locations signs reading "Tow -Away Zone otherwise informing the public that illegally parked vehicles will be removed. (Ord. No. 14(1989), § 2(15.64.510), 6-27-89) Sec. 10.16.1020. Removal by sheriff. The sheriff shall remove from the highway to a garage, or other place of safety, vehicle which has been parked at a location at which there is a sign erected pursuant to sec 10.16.1010 if such vehicle is parked in violation of any provision of this chapter. (Ord. No. 14(1989), § 2(15.64.520), 6-27-89) Sec. 10.16.1030. Notice to owner of removed vehicle. Whenever the sheriff removes a vehicle from a highway as authorized by this divi: and he knows or is able to ascertain from the registration records in the vehicle or from registration records of the state department of motor vehicles the name and address of owner thereof, the sheriff immediately shall notify in writing such owner of the fact of s removal, the grounds thereof, and of the place to which such vehicle has been removed. If such vehicle is stored in a public garage, he shall deliver a copy of such notice to the propria of the garage. (Ord. No. 14(1989), § 2(15.64.530), 6-27-89) Sec. 10.16.1040. Notice to department of motor vehicles required in certain circumstances. Whenever the sheriff removing a vehicle from a highway under this division does n know and is not able to ascertain the name of the owner of such vehicle, as provided in th division, and if the vehicle is not returned to the owner within a period of 120 hours, then and that event the sheriff immediately shall send a written report of such removal by mail to th department of motor vehicles at Sacramento, and shall file a copy of such notice with th are I by s, it ' or e Proprietor of any public garage in which the vehicle may be stored. He shall make suc report on a form furnished by such department. The report shall include a complete descriptior of the vehicle, the date, time and place from which removed, the grounds for such removal, and the name of the garage or place where the vehicle is stored. (Ord. No. 14(1989), § 2(15.64.540), 6-27-89) Secs. 10.16.1050--10.16.1200. Reserved. DIVISION 6. PREFERENTIAL PARKING Sec. 10.16.1210. Definitions. The following words, terms and phrases, when used in this division, shall hav the meanings ascribed to them in this section, except where the context clearly indicates a di trent meaning: Dwelling unit means a house, apartment, condominium, mobilehome or other type of residence, in conformance with the city's zoning ordinance and related zoning maps, hairg an address assigned consistent with the house numbering maps maintained by the city. Apartments having numbers or letters assigned in addition to the street address shall be deemed as a dwelling unit. Employee of merchant means any person employed by a merchant within a prefer ntial parking district. Guest means any person visiting or intending to visit, for any purpose, either a reslilen or merchant located in a preferential parking district. Merchant means a person who, as proprietor, operates a commercial business involved in the retailing of goods or services within a preferential parking district. Preferential parking district or district means a residential area with streets or boundaries designated by the ordinance establishing the district, wherein vehicles displaying a valid permit shall be exempt from parking restrictions established pursuant to this division. district. Resident means a person who lives in a dwelling unit located in a preferential park'ng (Ord. No. 14(1989), § 2(15.64.600), 6-27-89) Cross referen ce(s) —Definitions generally, § 1.00.070. Sec. 10.16.1220. Designation of districts. The city council may, by ordinance, at its discretion or upon receipt of a petition sig by residents or merchants living or working in two-thirds of the dwelling units or busine; comprising not less than 50 percent of the developed frontage of the area proposed designation, designate a certain area to be a preferential parking district. (Ord. No. 14(1989), § 2(15.64.610), 6-27-89) Sec. 10.16.1230. Issuance of permits. (a) Parking permits for preferential parking districts shall be issued by the city enginee (b) The number of permits to be issued to any one dwelling unit or to any merchant's business establishment, including its employees, shall be determined by the parking conditions within each district and set forth in the ordinance establishing the district (c) Parking permits may be issued only to the following persons: residents, merc employees of merchants, or guests within the prescribed preferential parking distri4.1 (Ord. No. 14(1989), § 2(15.64.620), 6-27-89) Sec. 10.16.1240. Posting signs in permit parking area. Upon the adoption by the city council of an ordinance designating a preferential pe rking district and the specified parking regulations applicable thereto, the city engineer shall cause appropriate signs to be erected in the district, indicating prominently thereon the perking limitation, period of the day for its application, and the fact that motor vehicles with valid p rmits shall be exempt therefrom. (Ord. No. 14(1989), § 2(15.64.630), 6-27-89) Sec. 10.16.1250. Permit parking exemption. (a) A motor vehicle on which is displayed a valid parking permit affixed to the vehicle's rear-view mirror shall be permitted to stand or be parked in the preferential pa king district for which it is issued without being limited by parking restrictions establi hed pursuant to this division. Except as provided in subsection (b) of this section, all other motor vehicles parked within a preferential parking district shall be subject to the pa king restrictions and penalties as provided in this division. (b) A preferential parking permit shall not guarantee or reserve to the holder there(f an on -street parking space within the designated preferential parking district. (Ord. No. 14(1989), § 2(15.64.640), 6-27-89; Ord. No. 3(1999), § 1, 1-19-99) Sec. 10.16.1260. Exemption of certain vehicles. No person shall, without a permit therefor, park or leave standing any vehicle or trai er in a preferential parking district in excess of the parking restrictions authorized pursuant t this division, except for the following: (1) Repair, maintenance, refuse, utility, fuel or delivery vehicles doing busine s in the preferential parking district; and (2) Vehicles delivering life-support and health commodities to residential schools located in the preferential parking district. (Ord. No. 14(1989), § 2(15.64.650), 6-27-89) Sec. 10.16.1270. Exemption of emergency vehicles. and The provisions of the state exemption of emergency vehicles shall apply in parking districts. (Ord. No. 14(1989), § 2(15.64.660), 6-27-89) Sec. 10.16.1280. Application for and duration of permit. Except as otherwise provided, each parking permit issued by the city engineer valid for the period set forth in the ordinance establishing the district. Permits may be upon reapplication in the manner prescribed by the city engineer. (Ord. No. 14(1989), § 2(15.64.670), 6-27-89) Sec. 10.16.1290. Permit fees. The fee for a preferential parking permit shall be established by order of the city In the absence of any such order, the fee shall be $2.00. (Ord. No. 14(1989), § 2(15.64.680), 6-27-89) Sec. 10.16.1300. Deposit of permit fees. Permit fees collected under the provisions of this division shall be paid into the of the city, and deposited in the preferential parking program fund. (Ord. No. 14(1989), § 2(15.64.690), 6-27-89) Sec. 10.16.1310. Penalty provisions. (a) Unless exempted by provisions of this division, no person shall stand or park a r vehicle in any preferential parking district established pursuant to this division in viol of any parking restrictions established pursuant to this division. A violation of this se shall constitute an infraction. (b) No person shall falsely represent himself as eligible for a parking permit or furnish information to the city engineer in an application for a preferential parking permit. (c) No permit issued pursuant to this division shall thereafter be assigned, transferre used for any consideration, monetary or otherwise. (d) No person shall copy, produce or create a facsimile or counterfeit parking permit, shall any person use or display a facsimile or counterfeit preferential parking di: permit. (Ord. No. 14(1989), § 2(15.64.700), 6-27-89) Sec. 10.16.1320. Permit revocation procedure. be mcil. IGA (a) Any permittee who has violated the provisions of subsections (b), (c) or (d) of section 10.16.1310 shall be subject to having the permit revoked, and shall be notified in writing of the permit revocation. Upon notification of such revocation, the permittee shall, wit in 15 working days of receipt of such notice, either surrender the permit to the dtv I- 0 engineer or request, in writing, a hearing before the city engineer or designated representative. (b) A timely request for a hearing made within 15 days of the receipt of the notice of revocation shall stay any revocation until five working days after the hearing decision is rendered. (c) A hearing shall be held by the city engineer or designated representative, unless continued by agreement, within five working days of the request for a hearing, M the hearing, any person may present evidence or argument as to whether the permittee has violated any provisions of this division and whether the permit should be revoked. (d) A decision shall be rendered, by the city engineer or designated representative ithin five working days after the close of the hearing. (e) The city engineer or designated representative may give oral notice of the decis on at the close of the hearing, or may send notice of the decision by mail to the per ittee. The decision of the city engineer or designated representative shall be fins and conclusive. (fi} If the revoked permit is not surrendered, the sheriff's department shall be notified appropriate enforcement action may be taken against the vehicle with the r permit the same as any other vehicle parking in the district without a permit. (Ord. No. 14(1989), § 2(15.64.710), 6-27-89) Sec. 10.16.1330. Visitor permits. The rules governing the issuance of visitor permits shall be specified in the establishing the district. (Ord. No. 14(1989), § 2(15.64.720), 6-27-89) Sec. 10.16.1340. Dissolving a district. The designation process as set forth in this division shall be utilized by the city co determining whether to dissolve a preferential parking district. (Ord. No. 14(1989), § 2(15.64.730), 6-27-89) Sec. 10.16.1350. Diamond Bar Preferential Parking District No. 1. (a) Purpose. The purpose of Diamond Bar Preferential Parking District No. 1 is to reds parking in the residential area, thereby increasinnoise, litter, blockage of residential driveways, and to allocate residential and comms residents. g availability of parking spaces (b) Boundary. The area bounded as described below shall be designated the Diamond E Preferential Parking District No. 1: Beginning at the intersection of the centerlines of Diamond Bar Boulevard Pathfinder Road; then westerly along the centerline of Pathfinder Road to Pres Drive; then northerly along the centerline of Presado Drive to Chestnut Creek; t northwesterly along the centerline of Chestnut Creek to Bella Pine Drive; then west that in along the centerline of Bella Pine Drive to Autumn Glow Drive; then southerly afonc I Fern Hallow Drive, including Tambo Place, to Pathfinder Road; then southerly along Brea Canyon Boulevard to the centerline of Fountain Springs Road; then easterly along Fountain Springs Road to Diamond Bar Boulevard; then northerly to the pont of beginning; and are more specifically delineated by a plot set forth on Exhib t "A" attached to the ordinance from which this section derives and by this refe ence incorporated herein. (c) Parking restrictions. No parking for more than one hour from 7:00 a.m. to 4:00 p.m. on school days except with an annual or temporary parking permit: TABLE INSET: Street Location Evergreen Springs Drive: Both sides of the street from Sunbright Drive to 2017 Evergreen Springs Drive (2017 to 2338 Evergreen Springs Drive), Lost River Drive: Both sides of the street from Evergreen Springs Drive to Castle ock Road (21504 to 21612 Lost River Drive). Birch Hill Drive: Both sides of the street from Evergreen Springs Drive to Castle ock Road (21515 to 21651 Birch Hill Drive). Cazadero Place: Both sides of the street from Evergreen Springs Drive to the and f the cable -sac 1--:) 21519 Cazadero Place). Viento Verano Drive: Both sides of the street from Evergreen Springs Drive to 1980 ViE nto Verano Drive (1980 - 2035 Viento Verano Drive). Broken Arrow Drive: Both sides of the street from Viento Verano Drive to 21453 Broke Arrow Drive/Both sides of the street from Fern Hollow Drive to 21 64 Broken Arrow Drive. Tambo Place: Both sides of the street from Pathfinder Road to the end of the cul-de-sac (21305 to 21325 Tambo Place). Fern Hollow Drive: Both sides of the street from Pathfinder Road to Los Cerros Drive (1953 - 2036 Fem Hollow Drive), Pathfinder Road: Both sides of the street from Evergreen Springs Drive to the end o (Frontage Road) the cul-de-sac (21501 to 21536 Pathfinder Road) Los Cerros Drive: Both sides of the street cul-de-sac (1946,1947,1954,1955,1960, 1961, and 1963 Los Cerros Drive). (d) Permit types. The following are the types of permits that will be issued in the Diamc nd Bar Permit Parking District No. 1: (1) Annual permit, renewed annually; available only to residents. (2) Temporary permit, valid for up to five days; available to residents for their use or for the use of their guests. (e) Number of permits. No more than two annual permits shall be issued per single-farrily residence; no more than one annual permit shall be issued per multifamily residence; an unlimited number of temporary permits may be allocated to residents within the district (Ord. No. 3(1999), § 1, 1-19-99; Ord. No. 11(1999), § 1, 9-21-99) Sec. 10.16.1360. Diamond Bar Preferential Parking District No. 2. (a) Purpose. The purpose of the Diamond Bar Preferential Parking District No. 2 is to reduce noise, litter, blockage of residential driveways and to allocate residential Ond commercial parking in the residential area, thereby increasing the availability of par ing spaces for residents, merchants and employees of merchants. (b) Boundary. The area bounded as described below shall be designated the Diamond Preferential Parking District No. 2: Beginning at the intersection of Silver Cloud Drive and Fallow Field Drive; then soutl along Fallow Field Drive to the centerline of Fallow Field Drive and Brea Canyon C Road; then including the entire street of Pasco Court; and more specifically deline by a plot set forth on Exhibit "A" attached to the ordinance from which this sec derives and by this reference incorporated herein. (c) Residential parking restrictions. No parking from 8:00 a.m. to 5:00 p.m. Monday Friday except with an annual or temporary parking permit in the following areas: TABLE INSET: Street Location Fallow Field Drive East side of the street from Malad Court to the property line of 3220 Fallow Field Drive. 220 West side of the street from Malad Court to the corner of Pasco Court. Df Pasco Court Both sides of the street from Fallow Field Drive to the end of the cul-de-sac (20900-20965 Pasco Court). Bar (d) Commercial parking restrictions. No parking from 8:00 a.m. to 5:00 p.m. Monday through Saturday, except with a commercial parking permit in the following areas: TABLE INSET: Street Location Fallow Field Drive East side of Fallow Field Drive from Diamond Bar Boulevard/Brea 220 Canyon Cut -Off Road intersection for 166 feet, or to 44 feet south Df 3220 Fallow Field Drive. Bar West side of Fallow Field Drive from Diamond Bar Boulevard/Bre Canyon Cut-off Road for 120 feet. (e) No parking area. No parking any time in the following areas: TABLE INSET: Street Location Fallow Field Drive East side of Fallow Field Drive from the southerly property line of 220 Fallow Field Drive 44 feet southerly to 3230 Fallow Field Drive. West side of Fallow Field Drive from 120 feet north of the Diamond Bar Boulevard/Brea Canyon Cut-off Road intersection to the corner of Pasco Court. (f) Permit types. The following are the types of permits that will be issued in the Bar Permit Parking District No. 2: (1) Annual permit, renewed annually; available only to residents. (2) Temporary permit, valid for up to five days; available to residents for their for the use of their guests. or (3) Commercial permit, renewed yearly; available only to merchants and of merchants with businesses located within the district for their use. (g) Number of permits. No more than two annual permits shall be issued per single -f residence, no more than one annual permit shall be issued per multifamily residenc unlimited number of temporary permits may be allocated to residents within the di no more than ten commercial permits shall be issued per business location. (Ord. No. 3(1999), § 1, 1-19-99; Ord. No. 9(1999), § 1, 8-17-99) CHAPTER 10.20. ABANDONED OR INOPERATIVE VEHICLES* *Cross reference(s)--Solid waste, recyclable and compostable materials, ch. 8.16. State law reference(s)--Authority to establish abatement and removal procedures, V Code §22660. Sec. 10.20.010. Vehicles deemed public nuisance in certain cases; statutory findings. In addition to and in accordance with the determination made and the authority gra by the state under Vehicle Code § 22660 to remove abandoned, wrecked, dismantl( inoperative vehicles or parts thereof as public nuisances, the city council hereby make following findings and declarations: The accumulation and storage of abandoned, - wre dismantled or inoperative vehicles or parts thereof on private or public property, not incli highways, is found to create a condition tending to reduce the value of private proper promote blight and deterioration, to invite plundering, to create fire hazards, to constitu' attractive nuisance creating a hazard to the health and safety of minors, to create a harbc for rodents and insects, and to be injurious to the health, safety and general welfare. Then the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts there private or public property, not including highways, except as expressly permitted in this ch; is declared to constitute a public nuisance which may be abated as such in accordance wii provisions of this chapter. (Ord. No. 14(1989), § 2(15.80.010), 6-27-89) Sec. 10.20.020. Definitions. The following words, terms and phrases, when used in this chapter, shall hE meanings ascribed to them in this section, except where the context clearly indicates a d meaning: Owner of land means the owner of the land on which the vehicle, or parts the located, as shown on the last equalized assessment roll. Owner of vehicle means the last registered owner and legal owner of record. (Ord. No. 14(1989), § 2(15.80.020), 6-27-89) Cross reference(s)--Definitions generally, § 1.00.070. mily ; an rated d or the ked, ding Y, to an rage fore, f, on pter, i the the rent , Is Sec. 10.20.030. Chapter provisions not exclusive. This chapter is not the exclusive regulation of abandoned, wrecked, dismantl d or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state, cr any other legal entity or agency having jurisdiction. (Ord. No. 14(1989), § 2(15.80.030), 6-27-89) Sec. 10.20.040. Exceptions to chapter applicability. This chapter shall not apply to: (1) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or p ivate property. (2) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed disma tler, licensed vehicle dealer, a junk dealer, or when such storage or parkilig is necessary to the operation of a lawfully conducted business or commercial enterprise. (3) Nothing in this section shall authorize the maintenance of a public or p nuisance as defined under provisions of law other than Vehicle Code § 226 seq. and this chapter. (Ord. No. 14(1989), § 2(15.80.040), 6-27-89) Sec. 10.20.050. Administration and enforcement; right of entry. Except as otherwise provided in this chapter, the provisions of this chapter sha administered and enforced by the sheriffs department. In the enforcement of this chapte officer of the sheriffs department or any other duly authorized representative may enter private or public property to examine a vehicle or parts thereof, or obtain information as # identity of a vehicle, and to remove or cause the removal of a vehicle or parts thereof decl to be a nuisance pursuant to this chapter. (Ord. No. 14(1989), § 2(15.80.050), 6-27-89) Sec. 10.20.060. Abatement and removal authority. Upon discovering the existence of an abandoned, wrecked, dismantled or inop vehicle, or parts thereof, on private property or public property within the city, the s department shall have the authority to cause the abatement and removal thereof in accoi with the procedure prescribed in this division. (Ord. No. 14(1989), § 2(15.80.060), 6-27-89) Sec. 10.20.070. Notice of intention to abate required; exception; contents. et be an the (a) A ten-day notice of intention to abate and remove the vehicle, or parts thereof, public nuisance shall be mailed by registered or certified mail to the owner of the and to the owner of the vehicle, unless: as a land (1) The vehicle is in such condition that identification numbers are not available to determine ownership; or (2) The property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereo . (b) Such notice shall contain a statement of the hearing rights of the owner of the pro erty on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. (Ord. No. 14(1989), § 2(15.80.070), 6-27-89) Sec. 10.20.080. Hearing on removal --Conditions; not required in certain cases. (a) Within ten days from the mailing date of the notice of intention to abate and remove the owner of the vehicle or the owner of the land receiving such notice may request a public hearing to be held by the city engineer or his designate on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle. If the owner of the land submits a sworn written statement den ing responsibility for the presence of the vehicle on his land without such ten-day period, such statement shall be construed as a request for a hearing which does not require his presence. (b) Notice of the hearing shall be mailed, by registered or certified mail, at least ten cays before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within the ten days after the mailing of the notice of intention to abate and remove, the appropriate public b dy, agency or officer shall have the authority to remove the vehicle or parts thereof a public nuisance without holding a public hearing. (Ord. No. 14(1989), § 2(15.80.080), 6-27-89) Sec. 10.20.090. Same --Conduct; city engineer decision. (a) At the time set for hearing or at the date to which the hearing may be continued, the engineer or his designate shall hear the facts and testimony presented at the heari The owner of the land may appear in person at the hearing, or present a sworn writ statement at the time of hearing denying responsibility for the presence of the vehicle the land, with his reasons for denial. (b) At the conclusion of the hearings, or at any time within 30 days thereafter, the engineer or his designate shall determine, from the facts produced at the hearii whether the vehicle or parts thereof should be abated and removed as a put nuisance, and shall make his order accordingly. He may impose such conditions c take such other action as he deems appropriate under the circumstances and may de the time for removal of the vehicle or parts thereof if, in his opinion, the justify it. (Ord. No. 14(1989), § 2(15.80.090), 6-27-89) Sec. 10.20.100. Notice of removal --Required. The city engineer, or his designate, shall notify the owner of the land, the owner ol the vehicle and the sheriff's department by registered or certified mail of the decision and order. (Ord. No. 14(1989), § 2(15.80.100), 6-27-89) Sec. 10.20.110. Same --Appeal to city council. Any owner of the property or owner of the vehicle may, within ten days after mailinD of the notice of decision and order, appeal such decision to the city council. The appeal shall Le in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be filed with the city engineer. The city engineer shall forward the appeal, together with a copy of the decision and order, to the clerk of the city council. (Ord. No. 14(1989), § 2(15.80.110), 6-27-89) Sec. 10.20.120. Same --Council action on appeals. Upon receipt of the appeal and decision and order, the city council may take any on of the following actions: (1) Approve the decision and order; (2) Refer the matter back to the city engineer with or without instructions; or (3) Set the matter for public hearing before itself, such public hearing shall be de novo as if no hearing previously had been held. (Ord. No. 14(1989), § 2(15.80.120), 6-27-89) Sec. 10.20.130. Costs not assessed against owner of land. Costs of administration of this chapter or costs of removal of the vehicle or parts shall not be assessed against the owner of the land. (Ord. No. 14(1989), § 2(15.80.130), 6-27-89) Sec. 10.20.140. Abatement --Removal to scrapyard or other location; reconstruction limitations. Five days after adoption of an order declaring the vehicle or parts thereof to be a p blit nuisance and ordering the abatement and removal thereof, or if a hearing has been requested, ten days from the date of mailing of notice of the decision and order, or if an appeal to the city council has been made, ten days after a final decision authorizing and ordering removal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or licensed automo ile dismantler's yard, or to any other location as provided in Vehicle Code § 22662. After a veh cle has been so removed, it shall not thereafter be reconstructed or made operable unless it Is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code § 5004. (Ord. No. 14(1989), § 2(15.80.140), 6-27-89) Sec. 10.20.150. Same --Notice to department of motor vehicles. Within five days after the date of removal of the vehicle or parts thereof, notice shall be given by the sheriffs department to the department of motor vehicles identifying the vehicle or parts thereof removed. The notice shall also include any evidence of registration available, including, but not limited to, registration certificates, certificates of ownership and license plates. (Ord. No. 14(1989), § 2(15.80.150), 6-27-89) CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 E. Copley Drive NOVEMBER 15, 2001 CALL TO ORDER: Chairman Hull called the meeting to order at 7:02 p.m. PLEDGE OF ALLEGIANCE: Commissioner Anis led the Pledge of Allegiance. ROLL CALL: Present: Chairman Hull, Vice Chairman St. Amant, and Commissi Anis, Finnerty and Torres. Staff: Bob Rose, Director of Community Services; Gary C Recreation Superintendent; Don Hensley, Parks Maintenance Superintendent and Marisa Sor Administrative Secretary. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As stated in the agenda. 1. CONSENT CALENDAR: C/Finnerty moved, C1Torres seconded, to approve the consent presented. Without objection, the motion was so ordered. 1.1 Minutes of October 25, 2001 Regular Meeting of the Parks & Commission as presented. 2. INFORMATIONAL ITEMS: 2.1 Parent Training in Youth Sports in Diamond Bar — RSIOI C/Torres reported. and :nzi, as n and Discussion ensued. C/Finnerty felt that a city -provided code of ethics woul be most effective. The Commissioners generally concurred. C/Torres left the meeting at 7:27 p.m. NOVEMBER 15, 2001 PAGE 2 P&R COMMISSION Chair/Hull asked that this matter be placed on the December 20 agenda as e n informational item. 2.2 Recreational Program Update — RS/Olivas presented staff's report ot the following items. a) Cross Country Meet b) Adult Basketball c) Adult Volleyball d) Adult Softball e) 3rd Annual Haunted House and Fall Fun Festival f) Community Recreation Guide g) Contract Classes h) Tiny Tots Preschool Program i) I_il' Elves Workshop j) Winter Snow Fest k) Adult Excursions 2.3 Diamond Bar Community Foundation — C/Finnerty reported that the Foundation was scheduled to meet this evening. Due to lack of quorum the meeting was adjourned. 2.4 Capital Improvement Program (C.I.P.) — CSD/Rose presented st ff's report. a. Community/Senior Center Project b. Peterson Park Drainage Correction Project 2.5 Veterans Day Celebration Update — CSD/Rose presented staff's report. In response to C/Anis, CSD/Rose stated that the city had 21 plaques m de. Three plaques were not claimed. 16 additional plaques were reques ed. Commissioners complimented the band and suggested it be hired to pla on the 4n' of July. CSD/Rose said that the band is committed to playing in Irrine on the 4t' of July. However, band members said they would be available for another Veterans Day Celebration. CSD/Rose indicated that staff will review the list of all events and come back to the Commission fo a recommendation to the City Council for the annual schedule of sp cial events. C/Finnerty thought that the veterans could be recognized at the 4d' of duly celebration. II VC/St. Amant said a band shell at Sycamore Canyon Park would be RS/Olivas thanked VC/St. Amant for his assistance during the Veterans Day celebration. 3. OLD BUSINESS: NOVEMBER '15, 2001 PAGE 3 P&R COMMISSION 3.1 Parks Report — Report by PMS/Hensley. Schedule of future park visits was continued to the December CSD/Rose commented that TruGreen's branch manager is Robert erez who used to be in charge of District 41 when he was with Landscape Nest. He was outstanding and he has made a number of commitme is to improving landscape maintenance in Diamond Bar. During the past Wuple of weeks TruGreen has completed every task requested by staff. 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Anis pointed out that program participants are still parking on the Bowcreek side of Pantera Park and it creates a problem for the adjacent residents. She asked that this matter be agendized for discussion. CSD/Rose said the matter should be referred to the Traffic and Transportation Commission. Chair/Hull explained that the person who approached him and C/Anis was T&T Commissioner Morris. Commissioner. Morris would like the Bowcreek side o the park fenced to prevent ingress. CSD/Rose explained that staff has requested voluntary compliance from the va iouE organizations. A fence would prevent Bowcreek residents from accessing the park. He reiterated that he believes it is a Traffic and Transportation Commission issue because the street offers legal parking. Staff can ask for compliance. How ver, people have a right to park there. C/Anis enjoyed the Getty Center excursion and dinner at Lawry's a couple of ago. She thanked staff for conducting this adult excursion. VC/St. Amant reported that his son is improving daily. VC/St. Amant attended the Haunted House and Fall Fun Festival. He com staff on a job well done. Chair/Hull wished everyone a Happy Thanksgiving. ADJOURNMENT: Upon motion by C/Finnerty, seconded by VC/St. Amant and there being no other busing to come before the Commission, Chair/Hull adjourned the meeting at 8:15 p.m. NOVEMBER 15, 2001 PAGE 4 P&R Respectfully Submitted, Bob Rose Secretary Attest: /s/ Jeff Hull Chairman Jeff Hull Ros MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 13, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:04 p.m. in the South Coast Air Qu Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Commissioner Kuo Ied in the pledge of allegiance. 1. 2. 3. 4. ROLL CALL: Present: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, Commissioners George Kuo and Steve Nelson, Commissioner Steve Tye was excused. Also Present: Linda Smith, Development Services Assistant, and Stella Marq Administrative Secretary. James DeStefano, Deputy City Manager, and Ann Lungu, Planner arrived at 7:24 p.m. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 23, 2001. VC/Ruzicka moved, C/Nelson seconded, to approve the Minutes of the Re Meeting of October 23, 2001, as presented. Motion carried by the following Call vote: AYES: NOES: ABSENT: 5• OLD BUSINESS: COMNIISSIONER& COMMISSIONERS: COMMISSIONERS: None Kuo, Nelson, VC/Ruzicka, None Tye NOVEMBER 13, 2001 PAGE 2 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARINGS: PLANNING COMMISSION None 8. PUBLIC HEARING: 8.1 Variance No. 2001-08 (pursuant to Code Section 22.54) is a request to reduce the rear yard setback for a tennis court. PROJECT ADDRESS: 2828 Crystal Ridge Road (L.ot 33, Tract 47850) Diamond Bar, CA 91765 PROPERTY OWNER: Lewis Jia 2828 Crystal Ridge Road Diamond Bar, CA 91765 APPLICANT: Horizon Pacific 2707 Diamond Bar Boulevard Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Variance No. 2001-08, Findings of Fact, and conditions of approval, as listed within the resolution. Jerry Yeh,. Horizon Pacific, representing the property owner, said he concurs with staff's recommendations for approval with one exception. He asked that the Planning Commission allow the rear yard setback to remain at 16 feet because according to the United States Tennis Association, a typical tennis court is 36 feet wide, not 27 feet wide. In fact, 95 percent of tennis courts in California are built at 36 feet widths. Chair/Zirbes opened the public hearing. There being no one who wished to speak on this item, Chair/Zirbes closed the public hearing. A discussion of the tennis court size ensued. Mr. Yeh presented a copy of Rule 34 to the Commissioners. DSA/Smith responded to VC/Ruzicka that the proposed lot is not large enough to accommodate a 36 -foot wide tennis court unless a variance is approved. r NOVEMBER 13, 2001 PAGE 3 PLANNING COMMISSI C/Nelson moved,.VC/Ruzicka seconded, to approve the Variance as proposed'b the applicant for a 16 -foot rear yard setback with the elevation at one foot instead otwo feet. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka, NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tye 9. PLANNING COMMISSION COMMENTS: 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. DCM/DeStefano stated that a reorganization of the Planning Commission .wi 1 be scheduled for December 11, 2001. Assuming Chair/Zirbes' election to the City Council, he will leave the Planning Commission and be sworn in as a Council Member on December 4, 2001. 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman adjourned the meeting at 7:32 p.m. Attest: Chairman Bob Zirbes - Respectfully Deputy City MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 27, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:06 p.m. in the South Coast Air Q Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Vice Chairman Ruzicka led in the pledge of allegiance. 1. ROLL CALL: Present: Chairman Bob Zirbes; Vice Chairman Joe Ruzicka, Commissioners George Kuo, Steve Nelson, and Steve Tye. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associ Planner, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of November 13, 2001. VC/Ruzicka moved, C/Nelson seconded, to approve the Minutes of the Re Meeting of November 13, 2001, as presented. Motion carried by the following Call vote: AYES: NOES: ABSTAIN ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None Kuo, Nelson, VC/Ruzicka, None Tye None 6.1 Development Code Amendment No. 2001-02 to amend Articles I Sections 22.36.080 and 22.36.120.0 of the City's Development Code regarding signal within C-3 zone. (Referral from City Council to Planning Commission pursuant Development Code Section 22.70.040 and Government Code Section 65857) qty G --' X/ NOVEMBER 27, 2001 PAGE 2 PLANNING COMMISSION PROTECT ADDRESS: Commercial. Development Complexes of 4.5 acres or more adjacent to the freeway in the C-3 zone,. Diamond Bar, CA 91765 APPLICANT: City of Diamond Bar DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission receives a presentation from staff and provide a report to the City Council. Chair/Zirbes proposed discussion of Amendment Item 7, 8 and 9 in that order. Item 7 Discussion: VC/Ruzicka asked if the contemplated signs conform to state law and CalTrans regulations. DCM/DeStefano stated that in terms of the freeway -oriented signs and in particular, those with an electronic reader board, yes. There are CalTrans standards for such signs and they include items such as the minimum length of time the message may be displayed. CalTrans will be a reviewing agency with respect to the specific sign. Chair/Zirbes asked how many other sites in Diamond Bar would qualify for an electronic reader sign. DCM/DeStefano explained that staff is not aware of any other C-3 zone Diamond Bar location that would be 4 1/2 acres or greater and would be more than 1,000 feet from residential property. Chair/Zirbes moved, VC/Ruzicka seconded, to accept Item 7 with the following changes: First paragraph: change the parcel size from 3 acres to 4.5 acres; insert located immediately adjacent to the freeway; amend 7 c. add "reader board shall not be more than 33 percent of the total sign face area;" and change 7.e. to indicate a minimum of 1300 feet from any residential property (instead of 1250 feet). C/Tye pointed out that with the amendment changes, current maximum sign area is 200 square feet and proposed is 1,000 square feet. As a result, the proposed amendment changes would allow the opportunity for other businesses to request 1,000 square feet of static sign board. C/Tye said he has 13 year old information from the Department of Transportation on safety of reader boards. He spoke at length about the City's General Plan, its vision for Diamond Bar, the original Development Code and subsequent changes and how this proposed Development Code Amendment is structured to accommodate one business. Item K under 22.36.080 under prohibited signs is "outside signs not specifically allowed by NOVEMBER 27, 2001 PAGE 3 PLANNING COMMISSIO the provisions of this chapter including billboards and outdoor advertising." Why isn't t at changed at the same time? Because that's not what this community wants. It is not wl at, in November 1998 after great deliberation, was decided as the way Diamond Bar should be developed and the way Diamond Bar should look. Diamond Bar is stuck with what he County passed down. And that is why Diamond Bar became a city — to have decisions o er matters such as this. Now we cannot blame the County if this happens. If that business g es, how will Diamond Bar replace that sales tax revenue? . DCNMeStefano explained that car dealerships produce tax revenue from sales ranging 15 million to 100 million. This particular dealership is in the low 113 range and Dial Bar receives one percent of the sales tax dollars from the business. This deale consistently is the #1 or #2 sales tax producer of all businesses in the city and it is a co that they may leave. C/Tye pointed out that if Diamond Bar lost that revenue it would amount to a $5 or 10 increase in his property taxes and if he had to pay that extra amount not to have an electrc iic billboard in Diamond Bar he would gladly pay it. He's also sure that there are people ho would not want to pay the extra property tax because they were not willing to pay $5 or 10 extra per year for a community swimming pool. He asked the Commission to seriously th nk about what the community will look like if this amendment is approved. Even thol gh Diamond Bar Honda is on the City of Industry side of the freeway it is still in Diamond I ar. He hopes the business will remain here for another 20 years and be successful without an electronic billboard. There will be enough commercial businesses/billboards when the qity of Industry builds out. He does not believe Diamond Bar Honda needs an elect r is billboard to be successful. C/Nelson said that when this matter first came before the Planning Commission he fell as C/Tye has eloquently stated. During the meeting he learned of increased sales statistic as a result of electronic reader boards. On Sunday evening he was driving home on the SR 60 from LAX with long-time friends and residents of Diamond Bar. He pointed out the stark contrast between the electronic signs along the City of Industry freeway area and the darkr. ess of the adjacent freeway in Diamond Bar with its subtle business lighting. This contrast g ave him a real sense of appreciation for where he lives. He tried to picture a blinking electr nic reader board at Diamond Bar Honda and that vision helped him make his decision. W1 ien he asked one of his friends what he thought it would look like and the friend told him it would look like a turd in a punchbowl. He will not be able to support the propo ed amendment due to the electronic nature of the proposed reader board. Chair/Zirbes said he has struggled with this matter. Diamond Bar Honda is a unique p of property and he is concerned about losing the business. He believes Diamond Bar accomplish what it wants to accomplish even with the electronic reader board. businesses that Diamond Bar residents like to frequent are not available here NOVEMBER 27, 2001 PAGE 4 PLANNING COMMISSION Diamond Bar does not make the community accessible to attract those types of business. And Diamond Bar makes its own traffic by having to drive out of the community to shop for materials and services the residents' desire. This is a unique piece of property that can benefit the entire community. He visited Birdseye Drive and Highcrest Drive -and he could see Diamond Bar Honda. Currently, it is well lighted and the reader board will not be any more visible than it is at this time. Motion carried 3-2 by the following Roll Call- vote: AYES: COMMISSIONER& Kuo, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: Nelson, Tye ABSENT: CONMSSIONERS: None Item 8 Discussion: C/Tye moved, Chair/Zirbes seconded to deny Item 8 amendment C/Tye reiterated that he has a problem amending the Development Code to be a blanket statement to allow business to install 12 foot monument signs. Chair/Zirbes said the same types of parcels are being considered for Item 8 as Item 7. In 1998 he spoke to the Planning Commission about looking at the types and sizes of the monument signs. If a freeway project that has a 60 foot high freeway sign is being considered, he would look at just that particular property for consideration because the only parcel of property that fits this criteria happens to be located on Grand Avenue just to the west of the SR 57. He believes that either a six foot or a 12 foot sign would call his attention to the fact that that particular business is a Honda Dealership. He believes that there is a need to temper what is being done with these sign programs. The question is, how much more sign face does the community want to see and does the dealership benefit from any additional traffic by having a 12 foot monument sign. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Item 9 Discussion: VC/Ruzicka asked if Item 9 meets state law and CalTrans regulations or does it need to meet those standards? NOVEMBER 27, 2441 PAGE 5 PLANNING COMMISSI DCM/DeStefano responded that staff is not aware of any regulatory authority over wall DCMOeStefano indicated to C/Tye that properties that might choose to avail themselves of this type of wall sign would be Diamond Bar Honda/Burger King, L.A. Fitness, Via Sorella/Brea Canyon Road property. In the future, staff believes the Kmart-Von's-S von property will convert to a C-3 zone. In the future, the Walnut Valley Trailer parcel could convert to a C-3 zone. C/Tye moved, Chair/Zirbes seconded, to approve Item 9 with the change to line 2 indicating "consisting of 4.5 acres or more, etc." Motion carried by the following Roll Call vote: APES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zi bes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None C/Tye asked that the November 19 Los Angeles Times article be forwarded to the ity Council. VC/Ruzicka said he admires the eloquence with which Commissioner Tye made his c However, VC/Ruzicka believes that the Commission has control as to how it takes pl which is important to him. DCM/DeStefano explained the process of formulating and approving the Commissios Report to the Council. C/Tye said he wants his feelings to be reflected in the Report to Council. While this wa3 a three-part undertaking, he does not want this to go to the Council 5-0 and have them believe that there was a unanimous decision to approve the amendments to the Development Co e. DCM/DeStefano explained that this resolution is simply meant to describe the Commissio 's activities. The three individual actions can be included within the report and the minutes of this meeting will also be included in the Report to Council. Upon motion by Chair/Zirbes, seconded by VC/Ruzicka to approve Resolution No. 2001-X that based upon the findings and conclusions set forth, the Planning Commission here recommends that the Council consider the Planning Commission's Report to Council a recommendations on Development Code Amendment No. 2001-02. The Report to Coun will include the following: Changes as approved, incorporation of individual item 7, 8 a; 9 votes, minutes from tonight's meeting including discussion on individual items. Motu carried by the following Roll Call vote: NOVEMBER 27, 2001 PAGE 6 PLANNING COMMISSION AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2001.06 and Comprehensive Sign Program No. 2000-01 (pursuant to Code Sections 22.58 and 22.36.060) is a request to install signs for the Diamond Bar Honda dealership and recently approved dealer expansion/car wash/lube facility. Proposed signs are as follows: a 65 foot tall electronic reader board; three monument signs; two canopy signs; and one dealership identification sign. The Conditional Use Permit will be utilized to review the proposed electronic reader board sign with regard to location, design and potential impacts. The Comprehensive Sign Program provides a process for sign integration with the design of structures on site in order to achieve a unified architectural statement. (Continued from October 9, 2001) PROJECT ADDRESS: 515-525 S. Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER: Matthew Tachdjian Col -Am Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765 APPLICANT: George Selzer Electra -Vision Advertising 731 W. 11th Street Claremont, CA 91711 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission adopt a resolution approving Conditional Use Permit No. 2001-06, Comprehensive Sign Program No. 2000-01, and Negative Declaration No. 2001-03, Finding of Fact and conditions as listed within the resolution. AssocP/Lungu indicated to C/Tye that the proposed electronic message center of the reader board sign is close to 33 percent in face area of Electra -Vision Advertising (EVA). George Saelzler, applicant, responded to VC/Ruzicka that there is an average of 15 to 30 percent increase in business due to use of reader board signs under conditions similar to the 57/60 interchange issues. Upon installation of reader boards beginning NOVEMBER 27, 2401 PAGE 7 PLANNING COMMISSI about 12 years go, the accident ratio decreased. In fact, CalTrans uses ele reader boards for highway information signs. The idea that electronic reader cause a safety issue is mute. Chair/Zirbes opened the public hearing. There being no one who wished to speak on this item, Chair/Zirbes closed the public hearing. Chair/Zirbes asked if Condition (n), page 7, means that if the dealership does complete their expansion as conditioned, there will be no installation of sign, which AssocP/Lungu responded "yes." AssocP/Lungu explained to Chair/Zirbes that the intent of Condition (h), page is that the existing 40 foot high sign and all other signs will be removed prior I installation of the reader board. In this case, the Burger King sign would be removed and replaced because the proposed sign program has changed since t resolution was written. C/Tye suggested that Condition (f), page 7, limit the amount of time the board can be used, such as 6:00 a.m. to 8:00 p.m. to George Saelzler said that although he has not discussed use of inflatables in addition to the reader board sign with the owner, he believes the owner would agree to limiting or eliminating their use. He suggested that it might be prudent to offer the owner the ability to apply for use of inflatables on a case-by-case basi 3. As a guess, there may be a special weekend event that might incorporate a character. Forty-five days a year would most likely be a maximum number of days per year to consider for such special events. Balloons may be an appropriate form of special advertising whereas, other types of large inflatables should not be necessary once a reader board is placed at the site. In his opinion, use of inflatables would be a poor use of money. VC/Ruzicka moved to approve Conditional Use Permit No. 2001-06 and Comprehensive Sign Program No. 2000-01, findings of Fact, and conditions a; listed within the resolution with the following amendments: The first monume sign will be at a 6 foot height; the second sentence of Condition (h) read: "all flags and inflatable devices, etc., except small balloons shall be removed prior issuance of any sign permits. Chair/Zirbes suggested that Condition (h) remain as proposed and that Condition (i) be added to read as follows: "Temporary banners, etc., shall req NOVEMBER 2'7, 2041 PAGE 8 PLANNING COMMISSION a temporary sign permit; shall not be placed on roof areas; and shall be limited to a maximum of 45 days per year. No inflatable advertising devices except small balloons will be allowed on site." VC/Ruzicka accepted the amendment. -Chair/Zirbes seconded the motion. Chair/Zirbes asked that Condition (f) be changed to read: "The 10 percent time frame shall be evenly distributed between the hours of 7:00 a.m. and 5:00 p.m. each day."; that Condition (h) eliminate "Including the freestanding freeway - oriented electronic reader board sign" from the first sentence; change maximum height from 12 feet to 6 feet in Condition (1); Add Condition to read: "Hours of operation for the reader board sign shall be 5:00 a.m. to midnight each day." VC/Ruzicka accepted Chair/Zirbes modifications. C/Tye again asked that the hours of operation for the reader board be specified as 7:00 a.m. to 8:00 p.m. C/Nelson said he didn't like the reader board in the first place but it got approved. Since it has been approved he would like for it to work for the owner. George Saelzler indicated to C/Nelson that the standard hours for reader board signs are 5:00 a.m. to midnight each day because they are significant commute traffic hours. 11:00 p.m. would be an acceptable shut off time. VC/Ruzicka and Chair/Zirbes agreed to amend the motion to add Condition 0) to indicate that the "Hours of operation for the reader board shall be 5:00 a.m. to 10:00 p.m. each day." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: Tye ABSENT: COMMISSIONERS: None 8. RECOGNITION TO OUTGOING COMMISSIONER ZIRBES. Chair/Zirbes said that if the election results hold, he is to be sworn in as a City Council Member on December 4, 2001. He tendered his resignation as Chairman of the Planning Commission effective the date he is sworn in as a City Council Member. Serving on the Planning Commission has been an event and an experience that he has enjoyed immensely. He appreciates the education he has received from staff and his fellow Commissioners. He has learned a great deal from his fellow Commissioners who think % NOVEMBER 27, 2001 PAGE 9 PLANNING with their minds and feel with their hearts which is evident in the decisions made andl the language crafted. He is sorry to be leaving the Planning Commission. Thank you for the experience. VC/Ruzicka, on behalf of the Planning Commission and staff, presented a plaque to Chairman Zirbes in appreciation of his service to the Planning Commission and the ity of Diamond Bar. 9. PLANNING COMMISSION COMMENTS: None Offered. 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. DCM/DeStefano reported that at its November 20 meeting the City Council app r ved Development Code Amendment 2001-03, the Planning Commission's Development Code Amendment recommending approval of new property maintenance standards to deal With landscaping in yard areas and to increase the lot coverage permitted on certain single family residential properties from 30 percent to 40 percent. In the event that Mr. Zirbes is s orn in as a Council Member on December 4, staff recommends that the Planning Commis ion schedule a reorganization of the Planning Commission for its December 11, 2001, mee ing. 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman adjourned the meeting at 9.34 p.m. JarWs DeSte Deputy City Attest: Chairman Bob Zirbes CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'connor and Councilmember Huff FROM: Linda G. Magnuson, Finance Director d SUBJECT: Voucher Register, January S, 2002 DATE: January 3, 2002 Attached is the Voucher Register dated January 8, 200L As requested, the Finance Depar is submitting the voucher register for the Finance Committee's review and approval prior 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. its CITY OF DZAMONnBAR VOUCHER REGISTER APPROVAL The attached listing of vouch reviewed, approved, ancirecomers dated January 8, 2002 have been hereby allowed from the foll "'=^'ueo for Payment^ Payments are owzng funds in these amounts ' FUND ' DESCRIPTION 001 GENERAL FUNDn��p�ID VOUCHERS 411 C�M ORGANIZATION SUpp 136,697~80 532,927,~0 1'2 un` PROP A - TRAN5IT FUND �5O^�0 ^00 11� INTEGRATED WASTE MST FUND ^00 19,712.04 118 AIR QLT� JMPR FD (AB2766) ^00 15,379.15 125 COM DEV BLK GRANT FUND ^00 205.63 126 CITIZENS CPT -PUBLIC SFTy 275^O0 126.77 1�8 LLAD #38 FUND ^00 11,303.62 139 LLAC #39 FUND ^00 11,573.70 141 LLAI #41 FUND ' - ' ~00 7,704.48 250 CAPITAL IMPROy/pROJ FUND .00 8,287.91 530 C�MPUTER REpLACEMENT FUND l50^00 207,394.20 .00 1,843.45 REP[RT FOR � FUN�S 137,272.80 o16,45u.�5 APPROVED BY: wq 4city manager, r councilmember ITAL 625.00- 150 . 00 25.00150.00 712.O4 379.l5 205.83 401.77 303.62 573.70 704.48 287.91 544.2O D43.45 1.15 [O/0F DlAMOND �B ` = RUN DATE O1/O3/20O2 1O:37:45 '��TEH -c. ` PAGE: 1 DUE VHRCU Ol y ,y0�/SECT'ACCT'PROJECT'ACCT P0 # INVOICEDESCRJPT0DM AMDM� UpREpAID, imi A�l�H4 OV14V98-�2 3O— _ �*mL^ MODEM'HERRERA ' ^ 42 Y5 | CABLE MDDEM-O'CON�OR 39.�� m|*L PR[PAD� ' TOTAL VOUCHEBS ,O0 . ma.?O TUTAL DUE VEN80P 82.9O AJ0 SI0N6RAPHDS �NC V414O9V'412O0 - `^"" 113D EM6RAV1Wj SVCS -NAME PLATE 93.97 TOTAL PREPA[DG ` TOTAL VOUCHERS TOY, 8L DUE VENDOR 9`197 v`1Y7 9317 ALPES7'S FIR INTI D4!' INC 0014495-42111—- - 112-96237 1. 1 PREPRE8S SVCS -BUG CARDS 47.12 /u/AL PREPAI0S TOTAL VDUCHERS ,VO TOTAL DUE VENDOR */.12 �47.12 AMERIC�AN- CLASSIC SANITATION 0015350'45300-- ' 4 i99 EQ RENTAL -WINTER SIFEST ` TOTAL PREPA 2�.� -� TOT, VOUC�EBS .Q0 oleo TOTAL DU E VEll UOR 243. 00: AMERICDMP DMAGIN@ SYSTEMS�GROUP ' z14.650 759O °,^ TONER 958.00 TBTAL P8GFAI08 TOTN, VOUCHEBS . DUE � VEND0R ��� ` ` r2. 100 onPLEONE EMPLOYNENT SERVMES 00 14V40-44VO0-- 0O�qO4O-44OOO_ 11�R CA4 21515 TEMP SVCS-W/E 11/24 311 76 O015358'�4000_ U5�9 �4�47Y6 TEMP SEEK, CWO1 519^60 �4|23262 TEM? uy�x-w/� ��8 ' 2736A�DS TOTAL PRE9 ` TOTAL VOUCHEKS TOTAL DUIE VENDOR 858.72 Vom AT&T ��40Yo -42125-- G014040-42125-- LOQ DIST �IUS-0ENERAi 20,98 0014090 -42125 --LONG DIST D. C�N8�L 13.19 0014030'42125_ LONG DIST CHR, GS -GENERAL 44,58 0O1400-42125_ L0NS DIST CHK4-GENEBAL O7.57 C�1534O'421%]_ LONG DlST CHRGS GENERAL 42,y4 O014090'42125-' LONG D[ST CHK3O-PARKS 28^99 UJ�� DIST CH9 -8ENE�� 2y.V7 TOTAL �KBP l�G TOTAL VOUCHERS ^`` DUE VENDOR 268.07/u/eu %IN DATE: 01l03s2t�?2 i0=3}'.45 CITY OF DINIOND VGul m P.EGIs7R RCE; 2 EDUE TWJ- 01/o8/ 2 F'AD/t„'ECT-AC ,T-PRCjECT_ACCT N3 # I�i'£0TfP AT&T WTRELESv E~t:lL-ES . 014090-421272- 00140`30-421-22 -- i2:4s:i-421 Lu'_ i:014415-42125-- CC, O;FFTCE AUTDIMATIgpi CC,G. } i "-wT,R I ISQ-10-4 22070- R FRA mw Ms 1�.r 4 3 i"+.. 'k�,.�?-421 Cr!: -- 001;-- IS�L:PF L.�"iT PDr-I. if -79 ,125 112555_-5525 -- 0G'14�x �-412=a`1-- V i•s i._ v015u i �'-41 y r C?O!4rv. Q-41i�.k-- 014 '0_41200-- 001uv1 4;'?o -- UCIlk' 0-412 -- QO14050-4120. i- BUNTERRA C1' &ILTIkM t�31- 23-011-- rE£CSIPTIoN 02712572444 CELL CH -FUOL VEHL" 02712972444 CELL CHR3S-v/ tAs'R 02712rt72444 CELL C tiu-= Eni=F 0271;972444 EELL CH=I35-V/PATIU TOTAL PREFFAIDS TOTAL iVnil!C` GR -S TOTAL CUE V04100R icu pp O �� 1►� h_ _.. i7 4450 C. _ MAT AuRjt T-CnC;.GFi TCT:. AL PRE -A,? TCTAL �-�u.?C`PEF,S TOTAL DILE VENDOR 9543 CEP;TIFIC;TE FRAMING TCTAL PREFA1% TOTAL V3U::HERS TOTAL 11 m .1.- 1vr:,� UC rttr-_,,0" PREPAID AMOUNT DgE 142.43 50.00 2A.L12 45".28 .0< 264.03 264.01' I,277.95 .00 1,277'.55 1,277.95 5.40 .(4 5.40 5.41 2147 ELECT SVCS-FETERSCt; Pic: t; 2146 ELECT SkXS-HERITAGE PIS 491,76' TOTAL PPPrI� 14� TOTAL ZHERE ' 00 TCTAL M,-,-VENDCR .78 541. - .�4=73. PC 1 AL A Cri n, n 1,19 90 PO 11420 U� LIE _ I SLIP z..S I�_AL A CAS PC 1142=) w r3 FLIES-R_CPEATION 21.11 PC 11410 SUPPL IES-GEFGRAL 1 1 F€0 1142 L �r SPF' IEv'FINAtCE w14 27.22 PC 11420 �•pI� S.I,;AE UPPLIES-NC PO 11420 SUf PLIES -61,10 1C WaR' c 3.13 c 4.76. PV 114:0 S 1 €PPLIES- l C r,14.S` cs 65.39 PO 11420 SUPPLIES-GDUAL 166.80 PC 1 4C 4LPPL IES -GENERAL PCI T1420 PP r S -GDA 1 < .E �� I�EFA 141.94 125.2' Pt? 11420 wpPL IES -PUBLIC WORKS 6'5,96' PC 11420 S?PLIES-GE1z;L 1 7" �4.3 PC 11420 �y _ N,MO CREOI!-i Iii > -12.60 TOTAL PrEFAIE TOTAL VauEP.S .00 TOTAL ALIE VENDOR 56 ++L2��,r5. ., rz. 36 506' FMF,SVCS-FER 96-2 1,425.45 TOTAL F9—FzATDS TOTAL VOUCHER,- .00 TOTAL DUE VENCCK 1,425.45 1,425.45 CHECK RUN DATE, 01/03/20r, 10.37:45 7.45� "I I Y EP P. - WiLre ma PLSIS.E- P`'IV-E, 3 PD # IMSIDI..E DESCRIPT i3H us?EPA-,n. A']M LATE CC -3r'F1G- REFUND "?-�.=T r£LTH ti ll,COO T MI TOTAL ljOrjCNERS0i TOTAL IMS I�B; R 40.cm 4yj, CAR BERT NA !QTS EUPPL 'NCL JJ �� �{{! w—L J 4�Ik, �LD 37.10 04 (02 i fr i TOTAL r9EFA1.5S 37.10 T;3 T qL VOUI IC ERS TOTAL B11E VENIM .00 3.1'� i. CELESPATI DNI3 KY r€ fel -`'E E TF ?! 015: X37 -41a3.) 11,667 01EQ REN.AL_R smolt, FE:T 15 NOTAL P" EFAIDS TOTAL VOUCHERS 00 1.8•� TONAL DUE VENDOR 1,2M. SNI?': WEI CHIAN REF!1�,p r��T DREF' re 1C' FHR:�h -wR ,-TE<i�. BOOTH 40.00 TOTAL PP&P;yIDS TUI AL V0U'14ERN TLTAy s 'E t��;ai.�.I4 4r.Q 40.00 LISA 1,-`3�1'RK CHANS nr11_S47P40 — WeP REMEATION REFUND 8.04 TOTAL PLEPAIDS TOTAL LSD -'MEM .00 TOTAL DUE VENI R 2.00 C 8.00 CIHTA5 1,-CWCRATTT4 00t-5310-42130— 11270 15t445?179 UNIT F!'.TL- � t?/17 22.b} 421vsf-_ 11270 1. � :. 1vv5 JlivT f T d .f'FRVI RIIL-W 1"2114 L�.62 0�31uu�0-4z.v0-- '-'+ 'oto 1270 MA4?266 UWRM MNTL-WK 12103 x.62 !1#715510-42180-- 11270 154447;17L'JFF?9 rdiL-QAC 11126 22.62 112?7n 7 0 15W5514? .d04u514? WRM RNTL-WK 1/24 22 ``'6`2 TONAL PREPAID. TDTFi lDIBCIWRS .04 TOUL DL'E VENDOR 113.10 113.14 P ; (F :IDh Ptsr. IT f 1 : NM' K. niilRrEr,_wy3l`i-- - CLC -CA MTC-ANSARi '-4.44 TOTAL r^REPhIi7y TOTAL VOUCHERS a04 RUE � eMOR 30.00TOTAL 30.40 11649 4� - �7 20 CAM�.O, IES-WAA; LS TOTAL PREPAII—nS 8,715.60 TOTAL VOUNMHERS TOTAL. im vp lc --,p 0, Fy �35 i J6C .0 8,7M60 a -,.. .. '01103f 442 1013,:'45 ....:'. .- . •.:. CITY {3F. dIAMIL;?nD BAR -- ViDUCHEG p—;: r, P. R5 .R5 TRU; 011051;2 FUIND .SECT-.-hiC-71_'{ j>�" '-tT__ : PO * Ia�df3ICE r.:�IP'IL PE;CAT; `„ . { : n 00i- 44441 FKMEATIP-N RS= E €_i Ir - In. C. TOTAL RTEPAIDS TOTAL 4OLDERz r TOTAL DUE ° % zL j .€ 0 33.flip" COQ€PAD ?, ?3UTATES iiu9' b 5I PROF.3i}C6 QUD,. r TOTAL PREPAID3 , TDTL1GOC! E4O •!0 TOTAL DDE V9:x.M 14, COO .10 14,000.40 COUNTY rt im m. rl 0.101 -2111'1x --PF - 25-26 SALARY 97CWT-D€1444872 - TOTAL Fxr!PAI,% X12.92 01 %/-, TOTS. VO1;FERS 314. 2 TOTAL DuE �&NqDTj . 00 ,112.92 COURTYARD BY mmmiou ui�luvl�.'4c5J__ CONF-rCMER=. HlrF 1124-26 215,84 TOTS PREPAI:T . TOTAL k�OUDER5 + {� TOTAL DUE VENDOR 218.80 218.54 VE: X43 ern. ROM: TSOST-L - 001-23002— 52075 PAW DEP FFL�PID F-14ERITAGE 200.04 TOTAL TUTAL PREPATD3 TOTAL VOLUfRs.00 T{O'TAL DOE W -MOR . 200.04 200.00 Com 2001 WR REVIEW FEE TOTAL PRCPAIDS 2;{ . ;f1 01/08,12002 TOTAL °VDIUCHERS 25.00 TOTAL M €ENIMR` `04 25.00 ■ NA _ ST 41.347 RECREATION- REEA,4D 81. CIO TOTAL FREPAID.B TOTAL `JOLT us .00 TOTAL DuE 'lE��mc? 5.40 3.04 Yii1-3'E?L'`- 44v'9 PiECPEATIDk1 �tEFI@D 73.G0 TOTAL PKPAIDtiq TOTAL VDIUC.`r,E S, .00 I TOTALL��x v��iDLi� 73.00 %`,.i CFS =I%,E'�I%�s 00452`2i -45_)1-- 11348 21MM-13 BLM'UFTI 8{EC5-9117--10.19 TOTAL r`F`EPAIDS 219,341.99 TOTAL VOLS . EPS TOTAL WE VENWR 29,341.99 . 2 � r:s4i a l[ i CNE,"k. 5044" 150417 [2TY OF DB�N BAKO0Lt4 — m'^'^ 1O�7:45 ~' yO��� RESISTER _ pyEE: 5 ` DUE THRU: ' ru�u��:| PRB`00 -�^/-r^voc�/-o:�/ P0 0 INVOICE DESC�IPT�� MON I DATE DANQWE WATERS OF � AMERICA 1% | 0-01 4030-42 3-NoOK21963-61 Eg RENML t'- Al — | CHECK ^wQll nucmx-o! WATER 9UPP-lE8-NOV ?3. 50 T8TAL PR8,0DS ' TOTAL VUUCHERS ' .vv _ 104 00 TOT AL DUE VMR DIAT & NlTE COPY CENTER ' 00 15350-4 2OO'- N0__ , �_ 13181 SUPPLlES-W[NTER S/FE� T � = �713 SLPFILIB-WINTER S/FE9T 79.29 TOTAL PKEPAlUS ' TOTALVUUCHERS ' , -` TOTAL EluE VE@D0R '-~~ i0.Y0 usK�A-�ITE,�p 0-0U4090-44000-- �1�0 80�9O4 l .`��M V A L -mNMIRS 530.0 TOTAL PREPAlDS ` rn�� V0UCH[KS .00 TQTAL 0� VENDOR 53�.� ` ��8O.VO DELI- ELTO0{1104-- 001-21104— n~ z�-zm JAM 0 -DENTAL PREMI0-ME u6Yl5 ^ `^'~° 5O440 TOTAL PREPA}DS B 9. 1 13 TOTAL VOUCHERS TOTAL DU[ VENDm ^° :369.15 x*�3L DENN S O04V3V-440O0— yOl4O4V_�4O�O__ 11410'WCCA N7V1 PK0r. � 1\/7 ' � �� N) �i�O DBCC12O4V1 PROF SVCG-CC RQA . , u/* ^ 240�W TOTAL PREPA OS - - TOTAL VOUCHERS � ^ DUE VENDORR 260.00TUTAL uW.0O DEPARTMENT C -F -TON 0013554-45��7— 11391 158678 G{8NAi MAINT-0% 011 t,'.4,2?|uTm'PREPAIDS TDTAL VOUCHERS � ^~^ 14.29 DUETOTAL � VENDOR `� l,724.29 0DINOND B'@ A,' -TOMO -!TVP OO1521O-��O0 - 1024 OIL CHANGE-COBEENFPr-MT 26.44TOTAL 9REPAIDS ^ 0T ALVio-UCHaq Oil '~ TDT4L DUE VEND0R � ^26.44 uo.44 DIAMUWD 3AR COMMUNITY FOUNDATION OO1535O-41200-- MIXB-NINTER S/FEST �� N�AL P�}�IDS . �����s .� 00 TOTAL DUE VENDOR 59� ^ | GITI OF DIAMONa BAR -RUIN DATE, 41103!2442 10.37:45V aG R REGISTER PACE; i.IE 14RU• 41/48/2442 MFAID F!i''4I5; vEG'T-ACCT-FTPL-'ECT-FGGT FO # ill'411310E DsPgCRIr T joN MEANT DATE C EGK DIA.M.;ND BFR HAND CAR WASH 00140"s;0- 22-00-- 11347 NOV 41 C?R WASH-POUL VEKS 119.45 0015210-42200-- 11.307 N,0l Cl1 CAR WASHI-Mi1L E-i,F :iCM 1.179 TOTAL PRF -PAILS .00 TOTAL 01L IERS 129.87 TOTAL OLE: VE i M 129.97 DTA #wM PAR HTC.- ::' ivO.. rOt .i l Di ' -- 41t� r-rl ?w ITt GRG STP901i 15113.00 OV081'200-2 53 429 Tr of PREPAIDS 154.110 TOTAL VaCHERSCIO TOTAL DDE VENDUR 154.0:0 S DIA,MN_ LAR SE410-1 CITIZENS C -U - TOS-i1M414 20.00 Ol iO81'2002 50426 n>014010-4 :.5- _ "TG G-iP:1?r11,01 ��.n0 01Itl2002 50413 TOTAL P9F-11AIDS 40.44 TOTAL ME ERS . TOTAL DUE VEINDOR 40. rp- r.1;1-347.2U-- PI€O%FE S-Cmmt E -00TH 247.00 TOTAL PREPAIDS .40 TOTAL VOUCHIER?S 247.01a TOTAL VIE VENPLIR 247.00 CnTn E ii .. F". - 4:'416 S�IJPPLItz-PIi"TO EI# R!"lrT C.4a TOTAL PREPAIDS .40 TUAL AL V,01 UEFS 5.45 TOTAL DUE 1.1ENWR 8.45 DIVERSIFI`iD PARATRANSIT i aD 1125350-4531^-- 11555 111111101 SHUTTLE SVCS -VETERANS DAY 443.85 1125553-4552''- 11412 14/1-10131 D! IDE PRM -10116-10/31 16,021.61b1 - 10- CFL P CEPAIDS .44 TOTAL VOUCHERS 16,455.49 TOTAL DUE VENDOR 16,465.49 yp GO1-23002-- 51934 PARK DEF` FEEFUND-FMTERA 2m.,o;E T©TAL PREPAIDS .0a TOTAL VOUICHEr, 200.00 TOTAL DI,.fE VENDOR 247.74 FEDERAL E4:P"t.SE 0014090'-42120-- 47259 5483 EXPRESS MAIL-CE1iER1kt 14.92 041433^`s-4212;, - 402;62292 EXPRESS MAIL-MNEF:AL 45.21 0014090-42124-- 447430723 EXPRESS MAIL-SBEFAL 29.87 TOTAL PREPAIDS .40 TOTAL VOUCHERS 94.04 TOTAL DUi 'V9 OR 0.40 CITil Lir CIAI^UNI, BAR ,P -M DATE, 01,'03/'2002 10:37:45 °air'rER PSISTE' PACE* Da TWUl- 01/0812W,2 PREpAIO r GNDiSECT-r CvT-F `l L{'T- E 1 - �,,�_ 9q gg p[�t y PJ # IN ola ir�l`�iLi4 IpT (y!j i'!?eir;,'%F LATE CHEL7i YLIAN FET CHEM M2 001-23002- Gi1 V< PARK. BEP GcL _lM ry '!ERi� I GT?L PRE ' T? T AL gj—'-,iEFS , 00 TOTAL DIE ':tCglT;3G .?v.}4l? FLAGS CYSR MSRICA OJ1 , 0_412 s- 23405 SUPPLIES -FI -A.65 259- 00 MAL E RLFAMS 00 258804 sT L D�JE VE= 253. vN SE FLORES 001-347 ?-- 46311 RECREATION REFUND 5.00 TOTAL PREPAIU5 .00 TOTAL VW0 ERS 0.00 TOTAL DUE VENMR 3.?0 - f01-23002-- 5W06 PAS. BEP PSFUND-HERITFUCE 200 01) ''UT:4L PC'�AAIO: .00 TOTAL V01,CHE'S 200.00 Ty :p.L 'DUE 1rEi:, 200. 0 -- Iii' 20 0.1 C FC? REVIEW Fr 4n 4;5.01? 0110612"0 i'4.1` TOTAL ii,L GP_4 r AIDS 415.00 TOTAL VOUDE H.ER, .00 TOIL.. OE ':E�1; O 415.00 c - ITL V:O`-UT i.. -M -B �ARMIliP" 1 iiia - C FRt3�`CEEM-WIAITER S/F-t - 247.'00 TOTAL Pr"f-If .DO TOTAL MOCHERS 247.00 TOTAL DICE VEZOR 147.00 GIRL SMUT T rrP #456-CALETTES 0'01-64720-- FRGCEEOS-WI TER S,FEST 247.00 TOTAL PREFAIGS .00 TOTAL. 247.07 TOTAL BUIE VENDOR 247.00 Ji? C.nn- �`C ARCH1I Ec I 25t2$5-464.:-13899-4642: llUCS5rO6;c7 .ARCHFCTRL a1'71..`I.aj i�lt14i 4TVW�'. rF�i 3OTAL t`�`AiM .�1�j T01 0MHERS 43,056.00 TOTAL DUE '': EOCR 4 ;, 056.00 GRIF 14T ,rn-rii,-46418-13493-�64?. 11627 CIP CYN N RE L: i U . 31,772.79 TOTAL PREPAIOS ,r,0 TOTAL VERU HERS 31,772.79 TOTAL OUE ';F- OR 31,772.1-9 HUNSA ER & ASuOCIATF.S 115711, 110€554 PROF , SVC �TR 19,227.00 . Jy2i5'454�= -1�8 - 00 i Lffl DATE' 01/0-3/2002 10:37:45 4,471.40 VOUCHER REDISTEIR n 1,652.74 OM Tom= 01/4312} 268'.1.1 TOTAL PREFAILS 0 . G��rFy FUS. D SE T-Aj -, -pp.n I T - APT ' �:,,_� :OJEC. ASC, FO I'M I.aE rr S IPTIO"; ? `��dT A,TE COLETTE PIIABP 10M RETIREMENT TjRL3MT-45, 4o1-327.3-- PP 25 DEC G' P}� TROLL DEDUCT 6355- 46355- c. PP 25 HC 01 -PAYROLL DEDUCTIONS ,:,66.57 41/03/2002 T TOTAL' PREPAIDS 00 19,771.0-1 TOTAL VO CHIERS °,T0 TOTAL DUE VEND -IR TOTAL DUE ` ENMI R S.00 HIRSCH g4 a5O-190rES INC 00l4,r1v-4;- . ,0-- ,S2 25270 COMP EQ -HUFF 138-5538-44000-: 9867 0002 FRIG LNDLCP lH?RVhNT5-G/SPRY# 1,575.00 T" TA? VOUCHS,, TUTAIL F EPAIDS .00 TOTAL DWE VB—MOR cog.tG T OTF4i„_ VPS'jCiM2,3 1, 675 `� _�E TOTAL OLE ,MIR 1,'75.00 0015-554-81250-- 103210111117 SUPPLIES -ROAD MAINT 76.55 TOTAL PREPAIDS .00 TOT4 AL 'TJJC'C��.7Rs-R, ?.6.55 DUE TOTAL itU V ENED -FTie n PSERT S. PUFF 0014414-4234--' s D. r _ L TF 1L F,x.1['�!�f'E-�.G�4F. /..4 2.� 300.711: TOTAL PREPAIDS .00 TOTAL VOUCHERS 304.75 TOTAL DUE V1 !#fit 340.75 HULS C' VTRO+# E T4L `MA EW, LLC 11555.5-41214-- 2111 - REMB-SUPPLIES 129.2n DD 15512'-41240-- 11505 2147-21�' "NOES S~{CS-Nov of 3,115.00 1155515-440-00-- 11545 2107-211r� LASED OIL/5ASTE MUS-KOV 12,137.5€n0 1 AI- Pi EFR1iFe - - N fLTAL VOUCHERS 15,.'81.78 TOTS JLC ��E�DOP 15,391,78 HUNSA ER & ASuOCIATF.S 115711, 110€554 PROF , SVC �TR 19,227.00 . Jy2i5'454�= -1�8 - 00 11571 1110512 PROF SVCS-SR/Com SVC CTR 4,471.40 25'x 21 -4:;421;.-138% -4:x'423 58-. 1iVJI - 14._. # 5^� PROF Sves-sultimm CJCh#TP. 1,652.74 yp 11 `Q-56 PROF -94 -'s -SR M CTR 268'.1.1 TOTAL PREFAILS 0 TOTAL ,T!X ,-RS 25,519.25 TOTAL. DUE VEIN',1OF. 25,619.25 10M RETIREMENT TjRL3MT-45, 0A,I-2'_1 .'-- PP 25 DEC G' P}� TROLL DEDUCT 1b X84,44 01106,Q002- 1 - PP 25 HC 01 -PAYROLL DEDUCTIONS ,:,66.57 41/03/2002 - TOTAL PREPAIDS 19,771.0-1 TOTAL9"Mr- ERS .OG TOTAL DUE VEND -IR 19,771.01 IL ;dI E"«GINEERING 00l4,r1v-4;- . ,0-- ,S2 25270 COMP EQ -HUFF 529.20 TOTAL PREFAIDS .00 T" TA? VOUCHS,, 52.20 TOTAL DWE VB—MOR cog.tG IN ;ATE! 01,103/2002 1a.?7.4; QIT1 WJE' p' v't1iC�t�1 1 SER ... DU: TF' u, 01,108/2V'13f -. Fs114'D! ECT`A rT PQOj-rT_A..,CT L:u Fe�?JS.e (y FPO'' INVOICE DEE S: n. viii._ iiALf A;"��+€T TE I Lc r E_ PIPS STAF;ES - 0015a iaoi-45310-- 001ti-s:t�-45:310-- 1 MS 11 X -MAS 37.60 ,'' 115555? 1 ^' # E v�:RS;I-P4€Lt SPR 1,710M, 1125:: ii -4531u-- 11J 4 1 SR EXCdPkS-TRAtSFGRTATION W". 40 11552 I �? /�k !ems w im SR EFy FCURS I-Fii�?IY LR'17 1 ik}xY 550. 00 TOTAL PREPAILS .moi TOTAL `O1ICHER3 4,- X00.0 TOTAL BLE VENDaR 4,501. 12NU VALLEY HUMANE SOCIETY 1114431-45403-- 11114 42,5500-20041 ANIML : 41TROL MS.-jAN, 5,437.010 TOTAL PHE AIDS =,11 TOTAL VOLiCHERS 5,437.00 TOTAL DUE VBMR 5,437.0 N!T'L L,ou IL � i n6 iG r1TS IS s 14 Jii'-ur.1u-- ��14i FENwt_-OCO3jj, R 51.11 "E"tD:� W REWL-CNANG 51.10 TGT:`-:� PP�YAiI� TOTAL VC-11CHERS 00 i 010.00 T TOM BOE VERDGR Quo. 00 �wIdI �'? : ;, lip F: GI LP AVV140­0 -410240— .5 .. �syE- - 44�:- 113x1 CEN LEGAL Mg-NOV 5,751 00 001 £r, 01 440-4 -- .y. ?1:. � GEis LEGFL S��-Com S1pC Mm7 106.0n 3 3 ^_R LEGAL ti C -Pi 'S in,j 310.50 t . TJ i T FREPAIDV3 TO.00 TAL s, LC HTERS �G `r.�.. �Lf ifiCiitiR - 1. 99.00 =n SOBS AVAILAAE1 E jOB AN'-"-MT-PPiAINT I I TOTAL r �P R A I D� 3^ 4.813 TO TAIL VOUCHERS . 82.80 DIAL DUE VENJIMMF 82.80 ! U1.0 000 46-i4 RECREATION REFLV.si 8.00 r i`�TAL FREPATI TOTAL W-UCHERS . iJ(J TOTAL Dr tE y a#DGR 8.11 0015554-41300- 0554-41300-- 584"' 0 584"';£,t6;.70 SUPPLIES - NNE' MAINT 16,61 TOTAL PREPAIr.S TOTAL 'VO1,UEEn . TOTAL LLE ENDCR 16.61 16.61 1`31_ -?401__ 45891 RELFEATIL"N REFUND. 59.W TOTAL PR.EPAI,M TOTAL VOUCHERS .Gn TOTAL DUE VENDOR 9£.W; 50.00 CHECK CITI DIW23 D BAS P.,�l DATE: 01,10312062 10'37=45 VOUCHER MOISTER PACE' ?� ME T4. 01/06/20-02 PREPA12 CANE II,.,,-� •�cr PROJEC'T-PROJECT � PO # Igy'OICE L1:SC'RxPTIOtd ytra T 1-M i i i91'31�J 15�YL .. i'264411 -4-S250— 11631 10' 517 EU—Ni ..-_ PA— GUNS TOT 4L ME-FlAirls TOTAL MMiERS TOTAL. DUE VENT UR 001-23W-2-- 12145 PR4 aS �-EI; h-2 IIIA FROF.SVES-EN 00-286 M-Elq -321 FROIF�l 1-_t147 FRZF,t,.klcs-EN 01-•514 a"M-K-!fi2-- .. 11141'• i7;.f�...F'vPq 0sI-.$12 C11-ivlrl= 75 20 si ! Eli[ �' :"'123"'12- - i1<1 1`251— y—EN 1 214? F?C .:.SCkICS-EN 01-323 TO.!?4.aw g?EPxli�a T - T ,:.r. YOUC3�: w . - TOTAL DIE VENMOR r .�.:1-.-. E x,q'E_ TILES1302 '.r,,_, v 0014000-4211-6-- 11302 Ifynt1l 581 j 5 s AMMS `311? Rt)S-TILE (G' ':; -'? '=`1 n=NFI ,A INN MS -PLAQUE OTtRL PREFAIZ'1S}{+ TOTAL AL %`�XHEf s TOTAL B'.;E VENDQR LIU PT CAS y W. M Lys 0„1A 4.21-_ 11525 009 PRE S:7,-OEWtPA.L LFGAIL 20-4 TOTAL inFREP $I1D IOTA- 'Imir F'rEFS TOTAL DUE Tit YET PC C; Ai TOTAL PREPAIDS TOTAL LKE MMOR T ffiu is Liv w1'23�ri1�-- REFUN z:-l`C FIL -7 TOTAL PREPAIDS TWA, AL VOUCHERS TOTAL DUE VENDOR VNITNED LOPEZ RMIM-GRAFTER BOOTH TUTPA- PREP.AIDS TOTAL VOiDERS TOTAL DUE 'VENDOR - ! W, 10.996.2. ADO 13.1. r 7 =6.2i; 10,996.20 1i 1.23 315.76 516. .50 4',00. - 353.76 5? -8, .55D .v� Ls�12s�.'v a Y{ , sis 17 . M 1 .23 ri .GN 3.04.29 304.29 67.50 .00 67.50 67.%, 387.4° S3` Q1.2i 421.29 233.35 .00 233.35 2SO.-M 40.00 .00 40.04 40M CITY OF Die,-`LNL EW, RLN DATE: f01103/2002 1037:45 W VuMlER REGISTER DUE TIMM- 01/03/2002. C }INVC TCE DEGL'IPTI ALqulki i. LCE AWN LES r-MAINTY DIST. ATTORF EY C4'CI-21114-- - FF 25-26 fiALFRf ATTCNMT-Dr6i`d�I4=O LOS iEE ES COU`fTY P12 � �: A7ac�t_� ° IL 45LR�S x..555 07 L15 Aa4ELEv C 2`�Tr SI,u IFF'S DEPT (iC���11-?54Cl2'- 001011-45.4,01-- 0:14411-454.0'2__ 555 R.I1 ,. Lnrrn lT` . f ;�. ELL EN 1 0L11E 1%04 5 LECTRICAL u'iS R�1e'.CN R1 ; _�0-��� tL.S •i_ "*1 1 i 5.:1->t:,,-1. 1; ._ 1- .645.2 1 qct, i c_grrl^r,_- _ , u.. TOTAL Rjp4T--i TOTAL VOlUCrE,c TOTAL DLE VENy,DR 115: AR(;166 TPA FIC SIGINI1L MAIN -OCT TOTAL F�GGAi- MT AL TOTAL DUE VENDOR 4374 HL114Y BM KML-11/23- :5 4231 "PTC C € _iz T t a 'rELtETD, f.�:'RtyE+ C6yS-�f7 C� ,V1. 42416 11AD qT ACT SkXS"to- ) 01 x5,, 4374 HIGH IMPACT S.IRi?CY R,-fiV i ri 2_58 Sr7,L .FCC M. jl:FL-}dLV 01 42-13 7, t Ef,L s— f .FLA%; F uR_E "1Cv 423 CL'v`RY Ci FL T A=FC-NOV 01 TM AL DP2PAlTDS TOTAL ',lDUCi ERv VEND p 46310 FEC,REATION REFUND TOTAL FFERAIDS TOTAL VOL -.HERS TOTAL D4iE VEP rOR REFUM-M.AFTER PDOTH TOTAL PRE:°ATLM TOTAL VOUCHERS TOTAL DUE VENDOR RSL -SIR MTE U- Ck. F 01/QN,i,2%X. 50441 152.35 .on 115-.35 250 . E2 .00 25� . 62 �,,Q , 62 2, 54(x.6; g 1Q5p5�.24 31°,470.68 1,744.08 1,714.05 1 25.50 F 106. ?8 w,195.a6 .00 332,241.55 33-2,2213. 55 5.00 .00 5.40 `x.04 40.40 .DO 40.00 40.('10 11222A 2204 TPFFC S:.=�lL-CTNY/V/VISTA 1 434.50 112224 24204T r !SPEC SOPlL-D,`Tf-�;A�ET � 1,93-8.00TOTAL FREFFIM .QD 3t3TAL V0UCHEER S 172.50 TOTALI ..LE kPEWOR 3,372.50 FEPFWMA"ICE-SR LUNCHEM TOTAL PREFAIDS TOTAL Vr0JCHECc;S TOTAL DUE VEE C.p 4161L�Y / RECF;EATIGN REFUND l I AW L I" EPA 1 DS TOTAL V901 HERS TOTAL DUE VENDOR 275.00 01/03/2€7;2 275. CIO .00 -75.00 54.00 .00 54.00 `4.00 L TRATE= Vl/h" •E� . Ta - CM OF Ll ¢�o; ni BAR VOLE—HER . EGIFER DUE THRU' 01 /.^S/2M FUND, !SECT -Arr T -t RCjm: T-ACC711;JV r vICSICE i# ICTrr .d,?ti W a A.1;UNT iLf5555r-45512__ js�� 4L_h 00"15554-4552 }_- _ 250520-44411-115901-46411 MOBILE i'MUMULMR MANAGEMENT GRgj,a 0015w50 -421"^ -- IMT. ural -='1 1,{ IE nTL"� %Vi=i 4F PSE' 12 IIM 111057 E13M DRAIN MAII3T-NOV Ul 162.56 11;3:'5 ilA?5r ROAD MAINT ll'V o, -N V of 10 A' 1199 0111053 VECZTATMW iCajTRO_I -t l' o1 4 i 11,:s 4f10,-- T" C 1'1 .5, � WAY IF1T-P�� � r L,6611.ORE r z3_ - :-L PAYROLL DEED 1S, i UMS102,43 P IS ITrt��€ rC.k �:i:.3 42.2~;1 RECREATION P.EP'' 1~I �.I;!` =iris TOTAL PRTAIDS TT.TOTAL TOTAL t�:i1�C1=:ERS TGTk VOtCr v +5+� �2� 4o 1 7 t�� TN Ik 1;ti'-E ,01, 0OR - Tr -",r -'L DUE t�"E°anOR ' `;,'x.17 ANNIi. ?EM MF 0US-'2002 50. Q0 TOTAL FIFEFAIDS ' TOTRL VERS 00 54.00 TOTAL TSE VI:"a`I R 51,00 FREPA i P DATE 11512 1474 REHAB SVCS-O/SPPING3 1G3,543,6 TOTAL PREPAIOS TOTAL Vow -HERS 103,543,66,543,6 TOT;L OLE VENDOR 10 11x%5 35?23 LEASE PRTIL-S'1% C1 M Pk 455', Ool T1OTAL PREPAID -S 307.80 'T7.80 TOTAL VOUCHERS .w TOTAL D11E IIf-E.�a>OR r z3_ - :-L PAYROLL DEED 1S, i UMS102,43 45?.io 42.2~;1 RECREATION P.EP'' 1~I �.I;!` 16,00 TOTAL PRTAIDS TGTk VOtCr v .00 t�� TN Ik 1;ti'-E ,01, 0OR - 16.on, .03 102.43 16.M Imm 217:9:; PRINT MS -RECEIPT BOOKS :07.80 TOTAL SPAT:c TOTAL VOUCHERS .�� TGTAL DIE VENDOR 307.80 'T7.80 r z3_ - :-L PAYROLL DEED 1S, i UMS102,43 01/01P,/M2 ; TOTAL PREPAIOS 102.48 1 �� ., TOT41 ;hf- v YUCHERS . TOTAL sa E �E3OOR .03 102.43 11551. 8O167G I.T.UPPORT S%M-10/16-31 2,500,00 11`54 I.T.SUPPORT 'DVCS-11/1-1a 2,500.00 .1-554 _ R, i7n I.T.S'�!PwDPT S -11-S'_{1 d SIF=vsj tat 1�-31 500 L �� 1'It5 4 B31669 I.T.SUIPFORT wf -1p:i :-15 2500, 3 TOTAL PPEPAIL ` TIFTAL V�l.'C! E,R . UCS TOTAL G:aE vEtjE:OR 10,000.w 1J 1}0'.00 Imm 3 CT IL V`DUCHERS 212.24 -ra'fi� n >~,- 21k.24 `:' .-., NXI FR IME Crr:=-,GS-F`r f.,C!S, W1 L' 36S. 331 r r i TOTAL V-SUI,'rr R4 368.31 rDT;L D'!iC;Lr'y 3&Q.31 S6n2-3162-0' EUPPLIES-WINTER 5 FEST 340.14 1 -.:.;vim 100 TOTAL P;iE AIi}-S TOTAL VOUCHERS 340.14 TOTAL DUE ;VENDOR 4L.14 iff; GTI^ WIEA 01:1=,_=-?1L'w-- 11h P 1 2? SUPPLIES -RECREATION 4,°� `?.11 TOTAL PREPAIDS .00 TOTAL TOUCHERS 4,53 .11 TOTAL DOE VFCOR _Ar,IFIC —s INC u?�4 c ; tum` 11'x4 69"i95 EU -EXT `TI VIDEO SWLITCP+ER 8F2.44 T. T': ^rte s- .00 ;D,A" FRE AaDS TOTAL s'C�Ejr- 802.44 TOTAL DLT: VENDOR W2.44 EE paI C.1 -3474j -- 45-612 RECREATION FULL D 5? .00 TJTAL PREPAICsS .D TDTn �F1�i15"{CR� S.Vv 13TAL DUE VENDOR 59.00 CIT`1 OfIli K BAR DATE:.II1, .ri��'c 1u.37.45 VD, HER REMSTE�t rP�' 1s - ! M-01/09 FF FID F! "SECT -ACCT -P � EST-fiCCt FG # DESCRIPTION 5t'v',11vT DDfi?E M',�II" IPA CGDE CL4:T= na +1583 42036 PROF CODE 1,611.'4 41342 S ' 5 TAX C'L+ C I� r TES 95^.D? iD14�a4D-44fi; - ,^ TOTAL M, FAIRS -oc, TDTPL V�l�S 21561 W, TOTAL DLF' VP - KM-, 2,`!61.33 NETWRE. SS9L!.TID!6 INC 46623�o.11 AWL CNRRSE-DOMAIN i" ` nn 1264411-44000— Tye TtutTAL R. AIID- S -Ul; tD. T€ITAL- Y4if'i.�iC<` C 351. J+i r 0,011525 ;-412 0-- 1;r_, y 43551 3�"-CL �'sa.tiiT-W�?TR S!`dC� FEST 5,�+1�:'., TMAL PREUIP!- .D" sn rr;TAt DLA 't`FEfi;_CR 5•+ .q � (i���'0 Vi dM�TEL 00 r.rE-=^ PEE SVES-RAIN.C. REPEATER 219.24 T ? 74Ti�,.-�- i_PAgl� . fJ 3 CT IL V`DUCHERS 212.24 -ra'fi� n >~,- 21k.24 `:' .-., NXI FR IME Crr:=-,GS-F`r f.,C!S, W1 L' 36S. 331 r r i TOTAL V-SUI,'rr R4 368.31 rDT;L D'!iC;Lr'y 3&Q.31 S6n2-3162-0' EUPPLIES-WINTER 5 FEST 340.14 1 -.:.;vim 100 TOTAL P;iE AIi}-S TOTAL VOUCHERS 340.14 TOTAL DUE ;VENDOR 4L.14 iff; GTI^ WIEA 01:1=,_=-?1L'w-- 11h P 1 2? SUPPLIES -RECREATION 4,°� `?.11 TOTAL PREPAIDS .00 TOTAL TOUCHERS 4,53 .11 TOTAL DOE VFCOR _Ar,IFIC —s INC u?�4 c ; tum` 11'x4 69"i95 EU -EXT `TI VIDEO SWLITCP+ER 8F2.44 T. T': ^rte s- .00 ;D,A" FRE AaDS TOTAL s'C�Ejr- 802.44 TOTAL DLT: VENDOR W2.44 EE paI C.1 -3474j -- 45-612 RECREATION FULL D 5? .00 TJTAL PREPAICsS .D TDTn �F1�i15"{CR� S.Vv 13TAL DUE VENDOR 59.00 CITY OF DIAMQl NUEM TATE . 01/03/2W2 13 "3':4 MCH'R REGISTER PWS. 14 BE MV 01/0e/2002 PREPAID C F T_ 't 'E€'T-i+.j'C`T 3S:j1 4 SMTP T'jAj A C v�L€fSE T-ACCL F t mow; P' dralCE I .� i.., T,s .4 AMOUNT LATE c- hys' .ht NTERAA-'Tv - 'r riii.�- c.. - 1L� �=iP14 x-'�3i'lt :�9x: - 00 15554 4 1 rn, r ES-RoA xtAiNT 2t1 G7 Al TOTAL VOUCHER'-; ? 16. c'y TOTAL DIIE VENDOR w° PA i RILL TRANSFER . -1=0-- i FF i4/i� PiRviLTRAZISFER-FP 2, qy,5001•0. 1, fLP 0i i01 - TOTAL PR'EMMBS - 92,55Q,04v Ta -M VWCHERS M TOTAL 'E Lamm 92,500.010 PERS ' ET zFEEN T"P 001-121109— PP 2501 RETIRE U1TRIS-EE ,56i.' i/vi?,{t} ? 50420 -TiF£ irL- IS -Ula QTR '""4 1 -i : {.4- 0 '�. } 1,208/20-2 t. J` 36 00! 211,39_- cp mvolSLI a tR s �EFT i 20 .if) O-02 y210k 43 aMV DOR TLiPCTE `!.i. t1 j'M]h3r.Ji 5043-6 ,9 PR 25!0x RETIRE COMI-TRIP-ER te,?15.45 (i. }€v81 002 54420 Cr,-SUIRVVV—LR HNEF1, . 12.000 01} ?/2002 5.041` (x114 ":i i0 -- y:V -isc r FETTC [�ONT�+ P_ rr .- .: I�,E Lei£.+{3P.b - [,� 5 c: '3'3 5�5} .ix. 4='i FZ', �'jr4`# 1 �Ylfi_Zi �; 7..r-.: u Jvi"- -T- "PP 25101 RETIRE -C-NT l�-ER a;�_+.iR2 `�if120C12 50420 -211 t-pM xj _ TOTAL FRE AID 10,213.51 TOTAL ki00I4y.ERS Oct, TOTAL DUE VMBOR 10, 13.5 PETER RwCERS PP-T%CRAP I 00-15350-42112— ' 1{ P4 TC RPuu 5i'`"- ;"P .�3rN 248a2 TUTN FR-PAirS v .00 TOTAL VOUCHERS 245.33 TOTAL DUE VEMBUIR 24aeyi3 PTL YPPT Cr-.S!?TAN S T% 11=74 21217 PR 0CM-CS-+INSPECTION 400,0; TOTAL PPIPAITx'S .04 TOTAL VOldCKERS 4030.0 TOTAL DAJE VENDOR 400.00 FiEO ,j.E E °US SEGIN Oris ';?7Wt-- 45322 RECREATION PEFL14D 131,00 19TAL F`RUAIDS .00 TOTAL VOUCHERS 131.00 TOTAL DUE VENDOR 131.00 POST NET 0014090-42100-- COPY S41CS-CERTIFICATES 145.04 TOTAL PREPAIDS ,04 TOTAL VOUrCh'ERS 145.44 TOTAL DUE V'EN'DM 145.04 PP,OJE T SISTER OL415:i5;-4121 f- REVEMUE-WMIE.R Ml FEST 159.40 TOTAL PREPAIM .40 TOTAL VO,CFEFSS 153100 TOTAL DUE VENDM 159.00 CITY OF DIAMa ISR RAN DATE. 4 hER RESSIST tPAC E ' I5 DLA TR M-1. O1i/2000" FL=-NDISECT-t=MET-PRO EnT-,.ZCTP I.hjVQT ?_E*'C^j=`I ON AMU RJ DATE R :, ? BLfvEPtIsT 0 TMT y F.. _F{F 1 1` WORKS 310. �� . L , . i D.. r TOTAL MOLE ;EARS u:...4 TOTAL DOE VENDOR 0 24 `ilwtiEv `SLE-: r. 11360 1.142186 - ST SWEGrM M-11/2/01 1155;51Y 5C700,__ 11572 1142198 LCIS M." OSTMG-MOV :3,112. 7 00-15554-455-5011— 113E 114^'± ST PIMCJ s�^ +t/ g 12/14 7 500, 00 TOTAL PREPAIDS;00 ... O.T T AL V,° c LiLzQRS 10,63,1.37 TOTAL DUE ; ! OR Iu, L7e37. �i.Ei]e.a: 1: 3vli - 5304090- 299632 %IY4P °3.a1 TOTAL PREPAIDS .OBJ TOTAL VOUCHERS 03,01 T9TA.L DUE VEN77R SMI �rJMe 411Ey .. 1+231985 r"TC SUPPLIES-V/PATROL 60.10 001535?-4120t)-- 11145 1x02-2000 S PLIES-P,&R COMM_ 14.3. r_if1 Vv-�£w15-- 112113 1023l?36 MTG SUIPPLE-CENERAL 15.18 TOTAL PREEPAIDS .00 TO AL Var-HERS 90, 66 TOTAL auk MIDOR 9It,66 REI BERCER FRINTWERKS - 0014.9c-r�1IQ-- 11,291 11619 PRINT SVMQ-BUS CARDS 130.81 CWH40%-4 ,110— 11271 11,598 PRINT UVEB-BUB CARDS 56.65 ;n`T1409-0-422110— 11293 4504 PRINT SVCS-LETTER4EADE 96.00 0#1535{0-42110-- 1165:1 111'2 PRINT SVC-02 REC SUIDE 9,890.O0 - TOTAL PREPAIDS .00 TOTAL MUCHERS 10,173.46 TOTAL DUE VENDOR 10,173.46 ROBERT F. DRIVER ASSOCIATE'S 00 1-23100"-- 4TH MT SPCL £VNT INS-10/01-12/31 9:5.cs0 TOTAL ''MEPAIDS ,00 TOTAL VC--!rRER, 9!.5.00 TOTAL DUE MMOR 965.00 �FTtE - K�v L`T(5�rl_�J ..� - r"v PROF."i.,^—.�,.,'Pi, C':?"°"66S jaE .56 TOTAL PREPAIDS .GAO TOTAL VO .'CHERS 304.56 T"TA, ELF VE., 3M56 SAN 0Q i 55 -_ MTG-D LIU 12/17/01 20.00 01/08/2002 €OTALREPAE9'S 20, 100 TOTAL OLrL. E RS •GO TOTAL DUE VENDOR a100 ` ~1 ATE 01/03/20,102 107.45 -I I Y OF Ii% ��u ci B . :~TST _ ryr Iii TSO: 4111'ro,12002 Fu` Df ECT_ CCT- ,� r P # Itjt,'DTCE DESCRIPTION PRP D'T `TE SCHOOI4c`Cie1rr T-- tt:ti+ -412001-- .vi 5350- xL0557^ - €FFLiEF-ST:' wRSNOW FEST T�„? P:REPAT 1�1,3:� TOTAL V C±�E tS Ol TOTAL ME VED-1-nop 1.51. , 3j 1511.73 • v 14Cf-:yE-44;`C,, -- 1 12'}C2 7 i5* t 11x1 CO TRIER MS - JAN 02 2 0 TI;iM P kEPAIDS: . - TOTAL V!UCf,4ERS ,f TOTAL DUE VENDOR >2 aDO 20.00 ek q: SO LmMi f:C{Ei j�� !� �fj 01 1-347-i*-- - .,.- REF'M-CRAFTER EGDTH iii 40.00 TOTAL PREPAID TOT, Al.. VOUCHERS TOTAL DUE ��R 4D.0D U 40.0 DHAVITn SHAH �,i1-34740-- 4,9a% !-� kf Su% PECFIPATTON REFLNI'D CP4 t�•y.t�ts ,.r7xl"V TOTAL PREPP,IDS TOTAL VOUVERS `�' � � FOIi�'tL st ����] � �tiJ 7 5pp.00JfiaF)-� 111.E 1E9 EXCURSIDN-ROSE PARADE TOTAL PREPAiDs 2,333.12 41(0512402 TOTAL VDLCHTEP,v 2 3 .12 TOTAL DUE VE"TIJUR .CH.) .- 2, K13.12 xt:fE_E"i .--.ID: t!ULL sN, RSi.E"!-:ER 1iS20 11 Oct 4020-411-1 1124` XlQ6 0-22 LEGAL SUCE—! IiIN !�Eii.-.�E..£'N OCT 1 [1 'iYi TOTAL F:riE "HYD ,v , t � TOT-LI VOUCHERS S i u;. TOTAL DUE ENDAM y � 077,25 : 077.25 SIGimA,." Ii RD T,JIT IAL PREF`AIDS CO 10Tr � `r1L'kHER=4 -00 TOTiA DuZz 165,00 636 11 i:BL J—MTER SNOW FEST 515.76 LITAI.L PREPAIDS ;OTA:L V'OUwHERS r' TOTAL 511E VENDOR 515.76, 515; .76 SMART & LI1:s;L 0 535 4120,0-- 1.1344 PtFR^!:^a-SR ..HRS1 €i t 143.311 €uTAL P FIA IDa TOTS=.t VOUCHERS a00 TOTAL DU :EtauG4 143.31 143,31 C1iFCR 5)425 G:: MAp BI€ V21% : BAR RUN DATE. 01/0312002 10 37,45. %9JM RESISI'ER P':L= 17 LSE TRU, 0110512002 . R'LLI719ECT-'�T-PRC--&CT-!W-ET PO # I;-VOICE : DESCRIPTI1Pd MW DATE SOURCE ?APE ICS 0015350-41200-- 11650 646539 SL"LIzEE-COLOR STIR IW 6055.50 X101409;,-41200-- .. 1i660 646539 SMPLIES-MLO,° STIR INK, :05.51 TOTAL PREPAIDS .00 TOTAL'C'iMERS 1,211.01 TOTAL DL E VENDOR 1,211.01 SMUTHERN CALIFORNIA EDISON 0015510-42126-- ELECT SkjCS-TRAFFIC CONTRIL X1.00 ,15'510-42126-- ELECT SVCS-TI -AfrIC MNTRL 2'1.53 00,1551ID-4212 ;--- ELECT SVCS-TRAFFC COMML l?L 162.134 113.E Y38-4 126-- ELECT 9-YU-DIST 38 41.97 138,538-42126-- ELECT SI -LIST 32 129MO x,1 1:'-4i1in-- ELECT SYM--TRAFEIC rMTD1L ?1s5G r0155Yn_ 2i2 _ u ELECT SVD3-*RAFVVIC C ,-TRIL ti 123.54 :Jr J•1.?f �� _ ELECT W3CS-DIST 39 26:7.11 TOTAL PREPAID'S .00 TOTAL VOUCHERS 1.4136.43 TSS L1 1_C T ? .?�. 3 Cl:??T_CP'sj nF r- ;ITh 4: y Ji+[:3iii..?i:': {.s i..i-:e....w.i - .e..a .. 00 4 421216. - 12.617"1M. GAS Ms-':;I;TC C(3lld,Ei GTR 112.76 TBT PREPAID .00 TN 1 u 1 Vs€; �fC�!FP 112.76 EPS:-.� idu: TGT 21 1 9 1.E�'T!OR 112.76 PROF SVCS-OFFICIALS 6ro.00 TOTAL. PREPA1 6 .00 TATF r ' 3 "HER, +CTG 'laE +;-N;eft _ 6J.i�) STANDARD alisStU°•ANr nF LeRi[_ N4. nil-21106..._ PP z5-a6 JAN 02-LIFE INS PREMS 609.00 OlIr?12002 001-21106-- PP 25-26 JAN 02-1-IFE ME FREMS 94.60 01108/2002 TOTAL PREF"IENZ 703:.60 T?fHL , lUC EP, .CC TOTAL L!; IE VEINDuR 703.60 STATE -11 _ ¢P 25-2n; SALARY AFTCHNT-GS°7;931,72 L'7J.2v' 01/08/2002 TOTAL t'PEPAIDS LIQ "IV X- TOTAL VMCHER_� .00 TOTE; n IE VErNIMP 255.25 TENNIS 3'! i : Lv NE x.637 CONTRACT CLASS-FALL 844.20 TOTAL PREPAIDS .00 TOTAL VOU EPS ¢44.20 TIC TAL DUE VENM R 844.20 ClT IF DIA��D 8AR ` RUN 0AE. 01,~,^~,� '10*37.4~5^— |VUU— REDS/Ex - ~ 18� ^ DUE TH0U: 0/O8/2OO2' ,' P0�Al rvnu �CT-ACCT -rxuuEC/-ooC| PO # JNVDICE DESCRIPTION' AMOUNT DATE THE WEEKLY NEWS -WALNUT 0014065-42115— 11,256 2492 AD-W�TER SHOW FEST ' � �0 2492 AD-HULUDAY RIDE 00. Ch) 1125360-45315-' 2499 AB-HUL{0"' RIDE 32&Oo TOTAL PWAlDS .00 ' TOTALVOUCWRS �'�W.O0 TOTAL DOE VBM0R L�4.0O ' JHE WHOLE ENCH LAOA 1,h� O814AYO-42325 - 1432Y4Y MTS SUPPLIES -12/17 \OL41 '0019350- 4120)-- ^ ` �G SU�q�'SR HUL �� �� ' ��.2O (U/0i20O2 TOTAL PREPADDS 5Q3.I0 TOTAL VQWCHB� . 181.41 znIMI DUE VENDQR 764~61 TRE14TTY 91- 0 A- 15350-453O0'- 11668 120 -118 SOUND ED -WINTER S/FEST 525.00 11561 11395 EQ RENTALR�D �&NT `D0^ W.50 TOTAL PRBPAlDS ^`` 1,17O'00 ` TOTAL VOUCHBH vuv^m�� ���.00 lumLV08]E8S TOTAL DUE VENDOR 5-25 0") TRUS8[EN LANBC�lt 2K5,5V UNITED PARCEL SERV]CE 00i5340-4220-- 11456' 11691821984 AOUL MAIWT-14BDTA0E PARK 164.37 11t33 169\82239Y MA[NT-BDST 41 2 050.00 13955"39-45500- 1103 169182%-W7 MAINTI-DIST :39 3,997.510C01334V'453VV-- 6.55 11133 16Y\822397 PAW MAINT-r,01 �O`�0.5O 1V85538-45500— l\133 16918223Y7 MAINT-DIST 38 3`835.0O TOTAL PREPAlDS .0O TOTAL VOUCHERS 2O,447.37 TOT �U�N�� ���'� Ox� TSANG 001 -3474V -- 456z REU-SATION0EFUND 5?. 00 TOTAL PREPAIM' TDTAL VOUCHER� 5&V0 T 00 TALI DUE "ISNDMOR 8NDERGRDUND SHORlNJ SP[C ALlc73 0015554-4214300-- 11561 10810 EQ RENTAL-RDAD MA0K 1 OO001,57,54-42130-- � 11561 11395 EQ RENTALR�D �&NT `D0^ W.50 O0l5554-421��- 11561 11�8 EQ RENTAL -ROAD MAIqT 1,17O'00 TOTAL PREPAIDS .00 lumLV08]E8S 2,905.50 TOTAL DUE VENDOR 2K5,5V UNITED PARCEL SERV]CE 0OVNY0 A8UT45016 MAIL S14CS'03EBAL 6.55 TOTAL pREPA DS .00 TOTAL VOUCH[RS b.55 TOTAL ME VENDUR 6.55 - GIT' U, BAR rt 3H DATE, 0 f v 20021 10 , 37 , 45 VDLVER1 REGISTER F WE Til 01108M02 PREPAID civ3?lf`er r^T- _nrCT F'O # I�.VO10E DESERI?TI`'N AWW"Iff r.Ar r.LL..3 •3V Li. i • G. +1- 1 VAN WINKLE AWD AFFILIATE, � d4'-Jil_f..uf4 ..- _ 11470 DEC t{i�s:il PR13F.a17.-_'i1pEB DEC FREE: L'1 i50.0fa . - TOT;� Cl - i OEjl• ;10 f,.} TOT WL VIDUCHERS 7v, € 3T. L VUE trEEN UR 750.00 VER? zf? I CA LIF =_RNIIA 0 0 14!,``0-42125-_ 9D96120740 rc_ 3DEM, I iX, 2.2.61 c P, 15 3 41 i3 -4 s - - _ TX61: 2-21' HILL ',.� il'''- i'3 77. I•: W'5340-42125-- 9093603951 FH.c.V=S-SYC Di"i PK `R.rss 9d, 949117 PH.SVCS-si REPAPAN P!1 76-.30 5D3-=Ota`Otoi+s rK,SVCS-I�iTtF'chlET LINES e28.9 8 0014090-421255- 9096603195 FH.5VGS-R- 16 Yk SFTY 152.22 r 50-� 1ss� !�-41e5-- 9078 -t -08:s1 Pi.SVC`S-TELE-W CS -DCIS 103.21 40 O. - y 5-- - 10H.5??CS-uE ERA!. 2,4-3.elsv 10" As21 LL!£�?40-42120-- t�s'091973.1y28 f }73Li FH.EVi Si-Svf_ CIN' Pi i9.98 1.16-50'•?u•-4211 5-- 9GR6--0°931 PH.GVCS`TELhEWQRK ACIS IiJ .58 '001,5340-4212-75- =-req.};�356� r ter. X41 Fu VIC -u COMMa : i -,a,;.6- ,HERITAGE �,�;�M LTR 3.�a10? Oo140u!'-421cs-- 5'0935-67182 PH.Wrl's-DAY CAMP 23.73 O i4.'e5-4221_2-_- 6qL:77i 72ppr7 [[Ea DSv„ry1 b r'16 - p.77 44.77 101.5340-422125 909 '396.0194 PH. S'JCS-SYC CYN PK 42.6-5 TOTAL PREPAID -8 0 TOTAL k=CERS 4,147. 1 TOTAL I41E V --Nr[ 1R 4,147, 01 VERT ZZOIN D -TEED -I T SCLUT IONS ;2'44.11-421?5-- 3W73635 L`6L CARGsEE-DEC 01 169.95.. TOTAL PREPAII~5 .00 TOTAL VOUCHERS 169.' TOTAL '� `E ',tNDOR 159.95 VER11ON 1IRELEES-LA 12264411-42125-- PHUNE EC-V/PAT4OL 76.15 TOTAL P°EPAIDS .00 TOTAL VOUCHERS 76.15 TOTAL 1.41 VE t ;R 76=.15 SHERRY LYN,N VILLAFLOR 52094 FARM DEP R.EFUNB-HERI1T0r 200,00 TOTAL PREPAIL4S .001 TOTAL VOUCFEERE 200.00 TOTAL LAZE VEREEGR 200.00 '-��ALNUT VALLEY UNIFIU SCHOOL T,"57. 5-05510-4-6,411 113495-46411 F= RLN DATE, 01 M V EL. sCT-'0b'ET-PROJECT-ACCT PQ 4 tr�IALPduT[4�AL!.�Ev WATER I'IC:7D CT Yv 1401P0 -42125 -- 13M_129 -42126-- 0 01P0-42125-- 13rY 129-42126-- GC1ti34;7-4212.-- 1415541-421'25-- 1- 8 553S-42126-- 2u05215-464'_1-1 `''?-46 4 2G WELLS FARGO CARD SERA/ICES 0014'0 ;0-4:'',,'�� 0014010-42325 - 0014010-42'125-- (f0014090-42110-- L`ii14=jL�,V'4•iaii,J-- X14010-423,25-- 1rv14010-42125-- W COAST .".P'SOR'ISTS INC CM OF DIA M-3 0 BAR VOLT FEGIST� PAGE 2i WE llft- - 01/ -8/2W2 PREPAID =wrf tTr� Ti ofi' F�dT '"` r CK STANDBY C; ERGS WATER WUCS-DIST 29 WgER MATED S4'CS-DIST 41 Gri -Fi .S%P,S-s. fM SR CTR TONAL PREPAIDE TOTAL VOUC, ERS TOTAL 'JLC .'ENDUR MALYU EMP,-LOWRi MTS - HEP,RER,A - PALMHET S -U Mak M FUEL -POOL 4 HICLE MTBS - LOWRi MTGS-HUFF PALMMET M -HUFF TOTAL MI PAIRS TOTAL VOMI HERS TOTAL DUE VENDOR 1415541-42210— 1160 2 5.P '�EP T MAINi-LISA 41 001551 -4521`"-- 11135 225550 TREE MAINT-` V 01 ii 15_=- �`�'^_, M.e�f, 13 �l a1= m?5 �: T? t6 ��. LIE E� WATERING Sr% -NOV _ 11a36 2255Q TREE PLAW'MGs-n!O%) 0j.. TOTAL PREPAID" TOTA? VC!LCL S T07A1 IEOO` ' 1EC7 An' kQE.-4t115 11 53 1202 97 AD -SNOW FE T/INF02,O-11EC TOTAL PREPAiTIL' O' AL '.'O ;Ci tRS TOTAL W,E VENOdR —— GAMINS 1255215-41200-- 11345 32605 SlUPPLS-SEMI i4 81150 TOTAL PP PAIDS TOTAL VOtCHERv TOTAL DUE VE MIR WHITE CAP 00i5544-41250-- 11701 263611 SUPPLIES -ROAD MAINT 01Cr�4-41-;0J- 116T4 ii4SUPPLIES - FrQA3 MAI"dT TOTAaL PREPFIDS T�?TAL VdnLrWp TOTAL DUE VENDOR °1.10 3,43',87 4 v19. 88 4, 5i: -."q 5,727.33 "0 01 150.0" 18,748.49 17. W. 01 11.58 01 10.63 01 16.5 01 273.31 01 16.37 01 10.68 01 356,57 .00 356.57 1,65i.6u 4,84-j. 53 1 , V J•7.l�iti .00 8,12S.fio 8,126.00 9150.00 .00 950.00 950.00 126,77 .00 16.77 126,77 236.6. 188.64 ,00 425.30 45.30 504,3 s V ..,+i 50421 50422 50424 50423 T 907;4�2.1 50423 504'.'.3 R1�;a, INATE: 01/02/2002 10,37.45 FlUMM1SECT-ACCT-P eCECT- C.{`T AMME WiLLIAMS vG1 5350 -45300 -- PAIL MIGHT ! 14C1510-440,00'-_ 11014 90--44t:1ii-- XEGGF CGc;PC:G"TICFI 1409'-'"'4£200-- CIO140:10-42200 001-34720- 1 Vmlj 01-347:-- Vmlj '{ T CITY CF UIWQ—Q W VIS€ -.=R REGISTER IE T.1fU. 01"08,-M . po .F I BICE -iECK-=r rT MN 'AFIVV-tt 11605 CO Tf :T r_I ASS-F€rLL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL LE VEMOR 11214 Al ,p E -V S-p/C,CC,REC BKSLL 11214 AvIv a'aCs rr ' C1,T3 Si �S1cCZT_TU . ?IDS 1 ,� 3IFIM I IE -S TOTAL DUE VDIDaR 11325 854,0w0761 -VCT MNITHL`i MAINT-C-U IER 1135 8M8076& -G -CT KNTHILY-AIPIT-CRIER TOTAL PFEpATnS TDTAL ''GLCKERS TOTAL DME tlBDUR REVENUE -MI LATER 5 JtES T TOTPI PREPAIDS TOTAL VCi1C<HER TOTAL ?LE VENDOR -j2 RECREATION REFUND TOTAL PREPAI S TC T AL WfUCHERS TOTAL ME TEME R 45848 P,ECFE-ATION REFUND TOT L F'REPAIDiS MAL '0011,110,11HERS TOTAL 111E VENDOR, FUORT TOTAL PRG°RIC PEPC°T Tg'k ViJ.,' EMS REPORT TONAL PAGE. ^1 PREPA 11; DATE CHECK 9.00 .00 7.00 297.50 507. 50 011 10a 50-7,50 95,01 L:7. 805.00 357.59 . ✓ir 715.10. 715.1:, 247.0 .00 247.00 24-7.Oo 50, 0£ .0 59.80; 5:9.00 1118.00 .00 IIS. CIO 118.00 5C'4v'- 137,27 .80 816,45 .35 95.3,74 .15 CITY COUNCIL Agenda # r Meeting Date: AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Treasurer's Statement — November 30, 001 RECOMMENDATION: Approve the November 2001, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment aCCOL nt balances and the effective yield earned from investments. PREPARED BY: Gina M. Tharani, Sr. Accountant REVIEWED BY: Departure t Head Attachments: Treasurer's Statement Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT November 30, 2001 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are ovailab] withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally investment policy. As a secondary investment option, the City continues to maintain the US Treasury Sheep Account with Wells excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an i pool of US Treasury Notes, Interest is credited to the City's bank account on a monthly basis L.A.I.F - Effective Yield for November 2001 3.526% Money Market -Effective Yield for November 2001 1.930% 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 esti d expenditure Unda C. Lowry, Treasurer Any BBG(NhI INC TRANSFERS :ENDING.. BALANCEREGEPPTS DISBURSEMENTS :IN (©UT).. BA NCE GENERAL FUND $18,636,020,34 $1,108,833.06 $1,023,086.08 $18,721,767.32 LIBRARY SERVICES FUND 98,536.92 1,399.63 97,137.29 COMMUNITY ORG SUPPORT FD 10,341.41 500.00 9,841.41 GAS TAX FUND 822,718.55 83,298.26 9 6,016.81 TRANSIT TX (PROP A) FD 1,158,382.43 33,518.55 105,458.38 1,0 6,442.60 TRANSIT TX (PROP C) FD 2,258,298.82 123,609.84 2,3 1,908,66 INTEGRATED WASTE MGT FD 405,137.92 20,089.00 18,074.48 407,152.44 AB2928-TR CONGESTION RELIEF FD 473,911.49 4/3,911.49 AIR QUALITY IMPRVMNT FD 214,456.18 3,547.50 210,908.68 TRAILS/ BIKEWAY (AB821) FD 0.00 0.00 PARK & FACILITIES DEVEL. FD 2,362,804.30 2,3 2,804.30 COM DEV BLOCK GRANT FD (12,147,80) 7,211.00 19,358.80) CITIZENS OPT -PUBLIC SAFETY FD 409,757.39 8,411.47 4D1,345.92 NARCOTICS ASSET SEIZURE FD 356,337.06 3 6,337.06 CA LAW ENFORCEMENT EQUIP PRGM 173,586.97 173,586.97 LANDSCAPE DIST #38 FD 679,248.51 3,282.36 49,408.96 633,121.91 LANDSCAPE DIST #39 FD 189,827.89 2,642.35 25,110.30 157,359.94 LANDSCAPE DIST #41 FD 371,592.33 602.99 25,228.50 246,966.82 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD 35,910.38 2,092.00 521,934.04 (83,931.66) SELF INSURANCE FUND 1,048,856.94 1,C48,856.94 EQUIPMENT REPLACEMENT FUND 105,974,11 105,974.11 COMPUTER REPLACEMENT FUND 4,586.22 4,586.22 22,694.77 TOTALS $29,934,096.70 $1,377,968.41 $1,789,370.34 $0.00 $29, SUMMARY OF CASH' DEMAND DEPOSITS: GENERAL ACCOUNT $378,341.48 PAYROLL ACCOUNT 4,608.92 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $383,700.40 INVESTMENTS; US TREASURY Money Market Acct. $499,687.34 LOCAL AGENCY INVESTMENT FD 28,639,307.03 TOTAL INVESTMENTS $29,138,994.37 TOTAL CASH $29, 22,694.77 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are ovailab] withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally investment policy. As a secondary investment option, the City continues to maintain the US Treasury Sheep Account with Wells excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an i pool of US Treasury Notes, Interest is credited to the City's bank account on a monthly basis L.A.I.F - Effective Yield for November 2001 3.526% Money Market -Effective Yield for November 2001 1.930% 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 esti d expenditure Unda C. Lowry, Treasurer Any RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 EAST COPLEY DRIVE DIAMOND BAR CA 91765-4177 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the operry hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 East CMIev Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; In fee. (If other than fee, strike "In fee" and insert, for example, "purchaser under contract of purchase," or "lessee") 5_ The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as enants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on December 11, 2001 . The wor done was: Golden Springs Drive Street Im rovements from Toi'ito Lane to Temple Avenue Pro-ect 7. The name of the contractor, if any, for such work of improvement was MobassalT Eneineering, Inc. Augmt 7 2001 (If no contractor for work of improvement as a whole, insert "none') (Date of Con€ract) S. The property on which said work of improvement was completed is in the City of Diamond Bar, County of U i Angeles, State of California, and is described as follows Golden Springs Drive Street Im rovements from Torito Lane to Tem le Avenue Pro'ect 9. The street address of said property is "none" (If no street address has leen officially assigned, insert "Wane") CITY OF DIAMOND BAR Dated: Verification for Individual owner Signature o€ owner or corporate officer of owner named in paraguph 2 or his again VERIFICATION— ERIFICATION—I, I,the undersigned, say: I am the Director of Public Works the declarint of the foregoing- oregoing("resident ("residentof', Manager of', "A partner of', "Owner of", etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 ____, at Diamond Bar , Califo a. (Date of signature) (City where signed) Mobassaly Engineering, Inc. has completed all work required as part of this project in ac with the specifications approved by the City. Therefore, it is appropriate for the City Cou the work and authorize the City Clerk to file the Notice of Completion. PREPARED BY: Fla ga-w��� Kirk Phillips Associate Engineer REVIEWED BY: da -vi -G. Liu Director of Public Works Attachments: Notice of Completion Date Prepared: January 2, ,tames Detefano Deputy Ci Manager lance to accept Agenda # Meeting Date: CITY COUNCIL AOENDA TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Notice of Completion for the Golden Springs Drive Street Torito Lane to Temple Avenue Project. RECOMMENDATION: That the City Council accept the work performed by Engineering, Inc. and authorize the City Clerk to file the Notice of Completion. J M from FINANCIAL IMPACT: The process of filing the Notice of Completion has no fiscal impact on the City. BACKGROUND: On August 7, 2001, City Council awarded the contract for the Golden Springs Drive Street Improvements from Torito Lane to Temple Avenue Project to Mobassaly Engineering, Inc. The construction contract was awarded in the amount of $828,140.00 and a contingney of $60,000.00 was authorized, for a total authorization of $888,140.00. DISCUSSION: Prior to the construction of the Golden Springs Drive Project, the Ci of Pomona resurfaced the westbound lanes of Temple Avenue from Golden Springs Drive to Diamond Bar Boulevard/Misssion Boulevard. The Golden Springs Drive Street Improvements Project i cluded resurfacing part of the intersection of Golden Springs Drive and Temple Avenue. Since Pomona had recently resurfaced the westbound lanes of Temple Avenue, staff evaluated the feasabili y of including the eastbound lanes of Temple Avenue as part of this Project. The section of T mple Avenue evaluated was from Diamond Bar Boulevard/Mission Boulevard to the City limit e ist of Golden Springs Drive. Based on the condition of the pavement and the estimated quantic ies for this work, it was estimated that the work on Temple Avenue could be done within the allocated budget. With an estimated $10,000.00 savings in the original contract amount, due to quantity ad ustments, plus the $60,000.00 contingency for the Golden Springs Drive Project, there was approximately $70,000.00 in funds that would be available to pay for the work on Temple Avenue. Based on this information it was decided to proceed with the work on Temple Avenue. The final result of the adjustments in the quantities to the original contract was a savings f $16,248.07. The final cost of the work on Temple Avenue was $68,903.96. This brought the final construction contract amount for the Golden Springs Drive Project and the work on Tempe Avenue to $880,795.89. Agenda # 6.5. �1-. Meeting Date: Jan CITY COUNCIL AGENDA REP RT �RPOR- - r�Sq TO: Honorable Mayor and Members of City Council VIA: Linda C. Lowry, City Manag TITLE: Notice of Completion for the Traffi�Ignal Improvement Project at the Intersections of Golden Springs Drive at Lemon Avenue, Diamond Bar Boulevard at Sunset Crossing Road, Gateway Center Drive at Valley Vista Drive and Bridge Gate Drive at Lot 16. RECOMMENDATION: That the City Council accept the work performed by Macadee Elect Construction and authorize the City Clerk to file the Notice of Completion. FINANCIAL IMPACT: The process of filing the Notice of Completion has no fiscal impact onithe City. BACKGROUND: On March 20, 2001, City Council awarded the contract for the Traffic Signal Improvement Project at the Intersections of Golden Springs Drive at Lemon Avenue, Diamond Bar Boulevard at Sunset Crossing Road, Gateway Center Drive at Valley Vista Drive and Bridge Gate Drive at Lot 16 to Macadee Electrical Construction. The construction Contract was awarded in the amount of $452,106.50 and a contingency of $30,000.00 was authorized, for a total authorization of $482,106.50. DISCUSSION: Macadee Electrical Construction has completed all work required as part of t is project in accordance with the specifications approved by the City. Therefore, it is appropriate for the City 10ouncil to accept the work and authorize the City Clerk to file the Notice of Completion. The final construction contract amount for this project is $434,184.00. PREPARED BY: - 5�1 - Kirk Phillips Associate Engineer REVIEWED B David . Liu Director of Public Works Attachments: Notice of Completion Date Prepared: January 2, 2002 ta � Ja es DeStef o Deputy City M ager RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 EAST COPLEY DRIVE DIAMOND BAR CA 91765.4177 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the described: 2. The full name of the owner is City of Diamond Bar . 3. The full address of the owner is 21825 East Copley Drive 4. The nature of the interest or estate of the owner is; In fee. hereinafter (If other dm fee, strike "In fee" and insert, for example, "purchaser under contract of purchase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on December 18 2001 . The worlk done was: 7. The name of the contractor, if any, for such work of improvement was Maeadee Electrical Construction March 20 2001 (if no contractor for work of improvement as a whole, insert "none") (Date of Contract) S. The property on which said work of improvement was completed is in the City of Diamond Bar, County of s Angeles, State of California, and is described as follows Intersecfions of Golden S rin s Drive at Lemon Avenue Diminor d Bar Boulevard 9. The street address of said property is Dated: verification for Individual Owner street address has been ottscrauy assignee, insert no CITY OF DIAMOND BAR Signature of owner ar corporate officer of owner named in paragraph 2 or his VERIFICATION I, the undersigned, say: I am the Director of Public Works the der ant of the foregoing ("resident or'; Manager of', "A pager of', "Owner of ', ew-) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my om n knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20,,_,_,, at Diamond Bar , Ca (Date of signature) (Oty where signed) Agenda # Meeting Date: TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City ManagerU TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAM CALIFORNIA, AUTHORIZING THE FILING OF A OF. TO THE STA RESOURCES CONTROL BOARD CONTESTING ACTIONS TAKEN CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS REGION, IN CONNECTION WITH THE STORM WATERIURBAN RUNO FOR THE COUNTY OF LOS ANGELES AND THE INCORPORAT THEREIN (NPDES NO. CAS004001) RECOMMENDATION: That the City Council approve Resolution No. 20024), A RESOLUTION OF THE CIT OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING THE FILING OF A P THE STATE WATER RESOURCES CONTROL BOARD, CONTESTING ACTIONS TAF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES CONNECTION WITH THE STORM WATER/URBAN RUNOFF PERMIT FOR THE COUI ANGLES AND THE INCORPORATED CITIES THEREIN (NPDES ORDER NO. CAS004 FINANCIAL IMPACT: 2 W1 ) N D BAR, 'E WATER BY THE ANGELES `F PERMIT :D CITIES COUNCIL FITION TO N BY THE =GION, IN 'Y OF LOS 11)_ The City is a member of the Coalition for Practical Regulation, a group of 35 Los Ang les County cities united in our concern over these new storm water regulations. The Coalition a timates the petition will cost the member cities approximately $2,500 each. BACKGROUND: The City currently discharges storm water under a five-year municipal storm water pe it (Regional Board Order No. 96-054), which expired on July 30, 2001, but is still operating under an administrative continuance. Known as the NPDES (National Pollutant Discharge Elimination System) Permit, it covers Los Angeles County as the Principal Permittee and 83 of the incorporated cities as individual Permittees. NPDES Permits are authorized by the Federal Clean Water Act and require renewal every five years. The City current budgets about $440,000 annually to co ply with the existing NPDES Permit. The City implements a variety of storm water programs, incl ding street sweeping, catch basin cleaning, public education, site visits to selected businesses, d velopment inspections for storm water controls, warning signs and waste oil recycling programs. DISCUSSION: The Regional Board initiated a process to amend the NPDES Permit for an additional five-year period in January of 2001. The first draft of the NPDES Permit was released on April 13th. The second draft was released on June 29th. The third and final draft of the permit was released on Octob r 12th. The City was involved in extensive comments on three versions of the permit and attended a Regional Board workshop to express concerns over the new mandates, programs and requirements Many of the problems and issues with the NPDES Permit are held in common among the County of Los Angeles, the City of Los Angeles, the Coalition cities and many other individual cities in the County. The Coalition, with Los Angeles County and the State's Storm Water Task Force requested that the permit's complex technical issues be professionally facilitated. This request was made in April and the cities offered to fund the facilitator. The State initially rejected the facilitation offer. The cities then prevailed on Congressmen Dreier and Horn to intercede. They contaci asking the agency to get involved to help to resolve and clarify EPA's positions. EP facilitator to complete the process. The first facilitation session was held on Novemt significant progress was made on the inspection issue. The cities requested that the StE the hearing on the permit and allow EPA to complete the facilitation. The State continue hearing until December 13th, with another facilitation session scheduled for November 291 final session, the Regional Board discontinued the facilitation effort, despite Coalition r( they continue. Over the objections of the permittees, including the City of Diamond Bar, the Reg approved the new permit with little change. We have the following major concerns: Major Issues • Receiving Waters Language Several policy issues remain and new policy issues have been raised with the final pern permit contains language that would subject the City to harsh prohibitions, withot protection for compliance with the remainder of the permit's requirements. These prohibit as•Receiving Waters Limitations) provide significant legal enforcement exposure, it potential of exposing the City to Board fines ($27,500 per day) and third party lit! Receiving Waters limitations language removes the legal safe harbor found in t permit and could lead to an immediate finding of non-compliance with the new I Executive Director of the Regional Board will have broad powers to set standards compliance measures and develop new requirements for the City to follow, with little of appeal. 2 1 USEPA, funded a r 9th and continue the Board After that uests that :. The final adequate ns (known luding the ition. The existing =1t. The Dr various ortunity to • Unknown Costs and Unrealistic Time Frames This exposure and loss of local control, as well as concerns over the high costs f the new regulations, are significant enough to warrant an appeal. The potential financial costs tc the City to implement the new programs are unknown, but are estimated to be in the hundred thousands to million dollar range per year, during the next five year period. This includes a full range of storm water treatment controls, which will be included in the development of the TMDL's (Total Ma imum Daily Loads) for storm water constituents - such as trash, copper, bacteria, pesticides, etc. The Permit will require that the City implement or revise 44 separate programs during Me five-year cycle. The City will be required to implement 34 new programs in the first year of the Permit alone. These include improved street sweeping, catch basin cleaning, illicit connection tracking programs, dry -weather storm water diversion reports, placing and servicing trash receptacles at every transit stop and other costly items. The State completed an independent consultant study of the costs of the new storm water programs in 1998. This study concluded that the region would need to invest $53.8 billion in new storm water improvements during the next ten years in order to meet the NPDES Permit requireme ts. Property taxes would need to increase by 70%, or sales taxes would have to be set at 12%, in order to pay for these new requirements. • Maximium Extent Practical The permit has modified the definition of the amount of time, effort and funding a city ust put into storm water programs - known as the maximum extent practical. The elimination of considerations for costs, environmental benefits and available technology from the NPDES Permit is major problem for all of the cities and the County of Los Angeles. It is inconsistent with existing state and federal law, including the requirement that new regulations must be reasonable under Water Code Se tion 13000. The permit will result in exceedingly expensive requirements, with dubious or minimal avironmental and human health benefits. • New Storm Water Inspection Programs The final permit requires that the City conduct inspections that are the responsibility of ihe Regional Board and for which they receive fees. The permit also expands the current site education program to mandatory inspections for manufacturing facilities, restaurants, automotive uses and other businesses. The inspection program has also raised concerns about the ability of the City to gain access to properties for inspections, the costs of protracted legal enforcement and oth r inspection issues. In some cases, the Permit appears to require that the City adopt regulations thr, t will violate property owner's constitutional rights against illegal searches and seizures. Both of the facilitation session focused on proposals to resolve these issues, however the State refused to continue the problem solving process with the cities. • Standard Urban Storm Water Mitigation Plans The Permit requires that the City adopt new ordinances and policies for development areas where project approval is delegated by other State laws to the City. These new re appear to infringe upon the City's land use authority and basic police powers. They also the limits established by the State Water Board in the Coalition's Standard Urban S - Mitigation Plan (SUSMP) appeal of last year. General Plan and CEQA Mandates The NPDES Permit would require that the City amend four elements of the General Pla the land use element. The permit also requires that the City amend the CEQA proc requirements are contrary and duplicative to State laws, which adequately cover both Ge and environmental review. • Storm Drain Diversion Pians The NPDES Permit requires that the City complete a plan for the diversion of storm -di sewer system in the next six months. Although, supportive of a dry -weather diversion County Sanitation District expressed concern that it would be impossible to coordinate the 77 cities within the next six months. It is not clear how much these reports would c would pay for them. It is also not clear as to whether these reports will be used to rel cities construct storm water division projects. 'Illicit Sewer Connection Inspections The permit requires that the City complete an inspection of the entire storm drain syste six months to determine if any illicit connections exist. This requirement drafted after th Angeles found that one business had illegally connected their sewer to the storm dre years of field experience, very few illicit connections will be found, however the inspe( will be expensive. Many cities that have completed these inspections are repo connections have been found. rojects, in uirements lo beyond rm Water including s. These ral Plans ns into the ogram, the ;ports from ;t and who ire that the in the next City of Los . Based on )n program is that no By approving this resolution, the City Council is authorizing the Coalition to file the petitio , requesting that the State Board rule favorably on the arguments of the cities. The filing of the appeal doesnot commit Diamond Bar to future legal action, and the Coalition would meet after the State Board action to see if legal action is warranted. PREPARED BY: J. Michael Huls, REA, Integrated Environmental Services Coordinator REVIEWED BY: Dari iu ` ire or of Public Works Attachments: Resolution No. 2002 -XX *James DeSte ano, Deputy City Mar RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING THE FILING OF A PETITION TO THE STATE WATER RESOURCES CONTROL BOARD CONTESTING ACTIONS TAKEN BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION, IN CONNECTION WITH THE STORM WATERIURBAN RUNOFF PERMIT FOR THE COUNTY OF LOS ANGELES AND THE INCORPORATED CITIES THEREIN (NPDES NO. CAS004001) WHEREAS, the California Regional Water Quality Control Board, Los Ai Region ("Board") adopted the Storm Water/Urban Runoff Permit for the County c Angeles and the incorporated cities (Municipal Separate Storm Sewer System, Permit") on December 13, 2001. This MS4 Permit is an amendment to Board Ord 96- 054 ("existing MS4 Permit"); and WHEREAS, the City of Diamond Bar ("City") currently supports and funds to reduce and eliminate storm water pollution. During the five year period of the e; MS4 Permit, the City has implemented additional street sweeping efforts, increased basin cleaning, funded a public information program on storm water pol implemented construction project inspection programs, implemented the Standard Storm Water Mitigation Plan (SUSMP) from the State Water Quality Control E completed the site visitation programs, implemented, initiated waste -oil rec programs and implemented various other programs; and WHEREAS, under the MS4 Permit, the City, along with 83 other incorpc cities in Los Angeles County and the County of Los Angeles, will be required to e) existing storm water treatment programs, and implement new storm water prog which the Board purports will improve the quality of municipal storm water in a effective manner. However, a cost -benefit study was never performed by the Boz illustrate that the new programs will result in cost-effective improvements to storm quality. In addition, the Board did not develop or. rely upon scientific data to suppo need for the numerous programs to be imposed by the new Permit. A copy c "Financial and Economic Impacts of Storm Water Treatment Los Angeles County NF Permit Area" prepared by the California Department of Transportation in Novemt 1998 (Report I.D. #CTSWRT-98-72) was supplied to the Board for its review consideration before issuing the subject Permit. This Report concluded that to treat wafter to comply with the proposed MS4 Permit and the future Total Maximum Daily L (TMDL's), would cost over $53.8 billion to construct, with an annual operational cc $198 million. The Report also found that 13,950 acres of new storm water rete facilities would be required, with 480 storm water treatment facilities. USEPA estimated that the economic impacts from such treatment would be "widespreac substantial." The Report further concluded that annual. costs per household for the geles F Los 'MS4 r No. „u, ing pand ams, cost - rd to t the the DES .r of and of has and new treatment facilities would be $1,295, and that property taxes would increase by a as 70% (a 2.06% tax rate) in order to finance the capital improvements; and much WHEREAS, in accordance with the existing MS4 Permit, the cities sut storm water treatment programs that were mitted subsequently approved by the Board. the existing MS4 Permit, if the cities were timely implementing these the Under programs, deemed to be in compliance with the existing MS4 Permit receiving water require I were i.e. they were provided a legal "safe harbor" from Board fines and from third -party lit nents, from environmental organizations. The new MS4 Permit requires that cities imp l gation ment new and untested technologies to control storm water from developmen redevelopment sites before the and storm water reaches the City's storm drain s Similarly, the City will be responsible for implementing stem. a comprehensive inspecti surveillance program of industrial and commercial facilities to "control" n and storm wat non -storm water runoff from these facilities. A recent study ordered by the United r and tates Congress and completed by the National Research Council recommended that water programs utilize "adaptive implementation", storm and recognized that cities should subjected to fines and legal action while they are developing new not be and untested water programs. The new MS4 Permit will place the Cities in a constant state of vio storm ation, and will subject all municipalities covered by the Permit to needless lawsui environmental organizations, and exposing the Cities to excessive fines ($27,500 s by day p per violation). The removal of the legal "safe harbor" clause combined with the addit r on of language putting the Cities in a constant state of violation, is legally inappropriat fundamentally unfair; and and WHEREAS, the MS4 Permit contains provisions that require the City to adopt new ordinances and policies for the review and approval of development projects in areas where discretion has been reserved for local government. These new requirements appear to infringe upon the City's land use authority and basic police powers, arid, in some cases appear to require the City to adopt regulations that will violate property owners' constitutional rights against illegal searches and seizures; and WHEREAS, the MS4 Permit goes beyond the intent of the Clean Water Act and violates the California Poder-Cologne Act, by "micro managing and dictating sp cific programs and a padicular manner of compliance, on the Cities; and WHEREAS, the new MS4 Permit requires that the Cities expand the cu private property site visitation and education program to a mandatory inspection, enforcement program, that the Cities reduce pollutants in runoff from industrial commercial facilities (including federal and State facilities) and that the Cities modify CEQA Guidelines and their General Plan requirements. All such requirements programs are being mandated on the Cities, without any provision for State funding addition, the Board rejected the alternative inspection program submitted by the Coal for Practical Regulation (Coalition), an ad hoc group of 35 of the Permittee C dedicated to achieving clean water through practical regulation; and 2 and and heir and . In WHEREAS, the new MS4 Permit contains numerous, unfunded ma dates, including new illicit connection programs, storm water diversion programs, ad itional street and storm drain maintenance requirements, as well as a new mandatory ins ection program of thousands of properties throughout the various areas. These watershed unfunded mandates and various other mandates created by te new Permit, pr sent a financial hardship on the Cities, especially in light of the threat by hhthe State to redo a and eliminate the Vehicle License Backfill funds from the upcoming budget; and WHEREAS, the Coalition, although asserting that the new Per it is objectionable, supported a process to resolve these various issues, by offering to and a facilitator to address the issues that remained in dispute with the Board. The offer to facilitate was unfortunately rejected by the Board, but the Cities proceeded to prese t their concerns to USEPA, who then agreed to provide a facilitator from USEPA Region , and R to facilitate negotiations between the parties over the various disputed terms of the Permit. The facilitation process began on November 9th and continued to November 29th, bit yet, even with facilitation, the Board proceeded to adopt the new Permit, in spite of the ongoing need for facilitation with the Cities, the County of Los Angeles and other stakeholders; and WHEREAS, the actions taken by the Board on December 13, 2001, are inconsistent with the requirements of the Clean Water Act and State Law, will result in the imposition of unsupportable programs on the City and itscitizenry, will result in num rous unfunded mandates on the City and will result in the imposition of programs and Permit terms that are not cost-effective and that are in violation of the Clean Water Act and State Law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. To participate with other Cities in the County with the filing of a PE tition to the State Water Resources Control Board to challenge the actions taken by the Los Angeles Regional Water Quality Control Board in connection with the Storm Water Management/Urban Runoff NPDES Permit for the County of Los Angeles anc the Incorporated Cities on December 13, 2001. Section 2. To retain Richard Montevideo, Esq., in coordination with other Los Angeles County Cities, to advise, assist and represent the City in the filing and i the prosecution of a Petition to the State Water Resources Control Board. Section 3. The City Clerk shall certify to the passage and adoption hereof. PASSED, ADOPTED AND APPROVED at a regular meeting of the City this 8th day of January, 2002. 3 incil Wen Chang, Mayor 1, LYNDA BURGESS. City Clerk of the City of Diamond Bar, do hereby certify th t the foregoing Resolution was passed, approved and adopted at the regular meeting f the City Council of the City of Diamond Bar held on the day of 2002, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 4 CITY COUNCIL rv� ixrzxa�'" TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag -�y TITLE: Revisions to Code of Conduct for Diamond Bar Online RECOMMENDATION: Agenda # Meeting Date: AGENDA City staff recommends that the City Council approve the proposed revisions to the Code for Diamond Bar Online. BACKGROUND: For the past 7 years, the City of Diamond Bar has provided, free of charge, an online bullet system that allows residents to interact with one another and discuss issues of community So that each resident may enjoy all the features of the system, a Code of Conduct was est which outlines both the purpose of the bulletin board system as well as informing the users types and kinds of actions which are not allowed online. Over the course of the past year, both City staff and the Technical Advisory Committee, wh composed of both Council members and residents, have initiated and completed a series o modifications to the bulletin board in order to increase both its usability and functionality. VI changes have allowed residents to better utilize the system and comment on several new has become evident that the existing Code of Conduct has several sections which need totc l as soon as possible in order to protect the City from future liability concerns. DISCUSSION: Although the original version of the Code of Conduct provided users with clear expectati what types of behavior are acceptable while engaging in dialogue over the system, it has updated to reflect current issues related to freedom of speech and the amount of editorial c City can have over posted messages. According to the City Attorney, Diamond Bar Onlin closely related to a "designated" forum. Under such a forum, a governmental agency h, users to engage in speech and conversations, whether of a general or limited type. Addii "designated" forum type does not allow for a governmental agency to regulate the a viewpoint, unless the agency has a "compelling governmental interest" in a message RT uct board ished the is le these ics, it revised ns as to tot been ntrol the is most invited maily, a stent or r issue. Speech related to objectionable opinions or ideas cannot be censored. Other types of as obscenity, foul language, racial epithets, commercial speech and speech that encoL behavior, can be censored and are not protected. Therefore, the Code of Conduct updated in order to advise the user that posted messages which fall under these categc edited or removed. Additionally, all messages which have been posted for more than 30 removed in order to keep the discussions on the system up-to-date and current. It should be noted that the attached revisions were discussed amongst City staff and me Technical Advisory Committee and subsequently approved by the City Attorney. PREPARED BY: Todd Strojny, Senior Administrative Assistant Attachments: Revised Code of Conduct for Diamond Bar Online Lech, such iges illegal reds to be as may be ays will be rs of the ?hould know.r-st „f meg, Gity l ' Online is a free electronic bulletin boa d service owned and operated by the City of Diamond Bar. The primary objectives of this service are: To provide the public with easy electronic access to government information and services through the use of a home personal computer or from several public information terminals conveniently located throughout the community; To reduce vehicle trips by providing an alternative means of conducting business ith government; To enhance both the delivery of public services and accessibility to public docume ts; To provide a44 N� ` 'electronic forum for c ( , '� discussion on issues and concerns of community interest; To promote citizen involvement in public affairs and to develop an enhanced sense of comm u n ityIithillml l �, ONLINE CODE OF CONDUCT The City of Diamend Ba encoura es ffeedorn Of SP68GII, but exp users to be courteous I I I �� tomes, ���e The City of Diamond Bar will not be held responsible for any indirect, consequenti I, special or punitive damages or losses ae user may incur from using Online. In addition, by registering on the system, a4 user agrees to defend and indemnify the City, its officers, and officials, and hold the same harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney's fees) related to any acts committed by AR user or materials or information transmitted by a-► user leading wholly or partially to claims against the City of Diamond Bar or Si#y Online by other users or third parties. The City of Diamond Bar hereby reserves the right to suspend or terminate the operation of Online at any time without notice. Approved by the City Online Technical Advisory Committee - September 28, 1994 Approved by the Diamond Bar City Council - January 3, 1995 Revised by the Diamond Bar City Council — January 8, 2002 DIAMOND BAR ONLINE Diamond Bar Online is a free electronic bulletin board service owned and o the City of Diamond Bar. The primary objectives of this service are: To provide the public with easy electronic access to government information and services through the use of a home personal computer or from several public information terminals conveniently located throughout the community; To reduce vehicle trips by providing. an alternative means of conducting business government; To enhance both the delivery of public services and accessibility to public To provide a limited electronic forum for resident discussion of local issues and concerns of community interest; To promote citizen involvement in local public affairs and to develop an enhanced of community within the City. By their participation in the Diamond Bar Online system, users acknowledge and a to observe and be bound by the user guidelines set forth below. Failure to do so constitutes grounds for denial of access to the system. DIAMOND BAR ONLINE CODE OF CONDUCT The City encourages users to be courteous and respectful when using Diamond Ba Online. The following is prohibited: 9. Commercial sales and solicitations. 2. Defamatory statements and/or personal attacks against other users. 3. Obscene, abusive, or foul language, racial epithets and speech that i illegal behavior. Prohibited speech will be removed from the system. Otherwise, the City will not edit remove messages on the system based on their content. Messages left on the syst( for more than 30 days will be automatically removed. The City of Diamond Bar will not be held responsible for any indirect, consequential, special or punitive damages or losses a user may incur from using Diamond Bar Onli In addition, by registering on the system, a user agrees to defend and indemnify the City, its officers, and officials, and hold the same harmless from and against any and claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (includ reasonable attorney's fees) related to any acts committed by a user or materials or UA information transmitted by a user leading wholly or partially to claims against the Ciy of Diamond Bar or Diamond Bar Online by other users or third parties. The City of Diamond Bar hereby reserves the right to suspend or terminate the operation of Diamond Bar Online at any time without notice. Approved by the City Online Technical Advisory Committee - September 28, 1994 Approved by the Diamond Bar City Council - January 3, 1995 Revised by the Diamond Bar City Council — January 8, 2002 Agenda # —6-g Meeting Date: Jai ma a lip AOTYlt �,,.,-kv TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag _4r_ TITLE: Revisions to the bylaws for the Diamond Bar Community Foundation allowing for an increase in the number of appointments to its Board of Directors RECOMMENDATION: City staff recommends that the City Council adopt the proposed revisions to the Communi y Foundation's bylaws in order to allow for an increase in the number of Board Members fro 11 to 15. BACKGROUND/DISCUSSION: During the Diamond Bar Community Foundation meeting held on December 13, 2001, Board members discussed and approved one change to their bylaws. The Foundation is reques ing to expand the Board at this time due to increased interest from the community towards the Foundation's mission and purpose. Furthermore, the Board feels that the addition of four new members will greatly aid in its publicity and fundraising efforts as well as strengthen the Foundation's presence n the community. Currently, section 5.02 states that the number of appointments to the Board of Directors stands at 11; however, the proposed change will increase that number to 15, with the four new positions added to the Council appointee "members at -large" portion of the Board. In conjunction with the above revision, section 5.03 will also need to be changed in order to update the terms for the at -le rge positions appointed by the City Council. Per existing bylaws, the new at -large members wi I be allowed to serve two consecutive terms consisting of either one or two years (per term), de ending or the position drawn under the rules defined in the above section for a "staggered" term schedule. Included with this staff report (Exhibit "A") is a draft of sections 5.02 (a) and (b)(iii) as well as section 5.03 (c) which reflect the above changes. While the bylaw modifications authorize the City Council to appoint four additional member to the Foundation's Board of Directors, the Council may, at its discretion, instead choose to ratify nominations brought forth by the Foundation. PREPARED BY: Todd Strojny, Senior Administrative Assistant Attachments: Exhibit "A" - Recommended changes to sections 5.02 and 5.03 of Foundat�On bylaws Exhibit `B" - Copy of existing Foundation bylaws II EXHIBIT "A" SECTION 5.02. NUMBER AND ELECTION OF DIRECTORS AND LIMITATIONS AND RESTRICTIONS ON DIRECTORS (a) Authorized number. The authorized number of Directors shall be elo�'�-)##Wlflg until changed by amendment of the Bylaws. (b) Designation and Appointment of Directors. The original Directors shall be designated by the Incorporator(s). Thereafter, Directors shat be appointed or elected in accordance with the following procedure: (1) One (1) member of the Board of Directors shall also be a member of the City Council appointed by the mayor; (ii) One (1) member of the Board of Directors shall be a representative of the Parks and Recreation Commission of the City of Diamond Bar appointed by the Commission annually; (iii) Five members of the Board of Director: shall be residents of the City of Diamond Bar appointed by the City Council; anc (iv) The remaining four (4) members of the Board of Directors shall be residents of the City of Diamond Bar who represent local Community organizations; including one member representing the Chamber of Commerce, one member representing senior groups, one member representing youth organizations, and one member representing other service organizations. Thes members of the Board of Directors shall be referred to as "members -at -large" and shall be appointed by the Board of Directors on a rotating basis from within each of the four groups. These "members -at -large" shall be selected by majorit vote of the Board of Directors at any annual regular or special meeting duly called and noticed for this purpose. (c) Limitations. Any change in the number and qualifications o members of the Board of Directors shall be made only by amendment to these Bylaws approved by the City Council of the City of Diamond Bar. (d) Restrictions on Directors. Not more than forty-nine percent (49%) of the persons serving on the Board may be interested persons. An interested person is (1) any person being compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor, or otherwise; and (2) ar brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. A Director may not participate in any vote on any proposed transaction with anoth( organization or entity of which such Director is also an employee, principal or director. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. No member of the Board of Directors shall be financially interest in any contract or other transaction entered into by the Board of Directors. No Director may utilize information obtained by reason of Board membership for personal gain; the Board of Directors may recover any such gain realized. SECTION 5.03. TERM OF OFFICE OF DIRECTORS The Directors newly appointed or selected in accordance with Section 5.02(b) shall hold office as provided below. (a) Mayor's Appointee. The Mayor's appointee shall be appointed annually by the Mayor. (b) Representative of Parks and Recreation Commission. The representative of the Parks and Recreation Commission shall be appointed annually by the Parks and Recreation Commission. (c) City Council Appointees. The term shall be two years for City Council appointees to be limited to two (2) consecutive terms. Notwithstanding the forgoing, the terms for the first appointed five (5) positions shall be either one or two years determined by random draw according to position, to wit, appointee positions number 1 and 2 shall be for a period of one year each and positions number 3,4 and 5 shall be for a period of two years each. For purposes of the two consecutive term rule the "first" term of the City Council 1999 appointees shall expire on the date of the first annual meeting in February of 2001 or 2002, according to draw position as indicated above. MWI (d) Members at -Large Appointees. The term of each of the four(4) at -large appointees shall be for two years limited to two (2) consecutive terms. Notwithstanding the foregoing, the terms for the first appointed four (4) large positions shall be either one or two years determined by random draw according to position, to wit, at -large positions number 1 and 2 shall be for a period of two years each and at -large positions number 3 and 4 shall be for a period of one year each. The first appointed four at -large positions shall also b limited to two consecutive terms. For purposes of the two consecutive term rul the "first" term of the four (4) at -large 1999 appointees shall expire on the date the first annual meeting in February of 2000. Exhibit "B" BYLAWS OF THE DIAMOND BAR COMMUNITY FOUNDATION (a California Nonprofit Public Benefit Corporation) ARTICLE I NAME The name of this Corporation is THE DIAMOND BAR COMMUNITY FOUNDATION. ARTICLE II OFFICES SECTION 2.01. PRINCIPAL OFFICE The principal office for the transaction of the activities and affairs of the Corporation ("principal office") is located at 21660 East Copley Drive, Diamond Bar, California. The Board of Directors ("the Board") may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Secretary on these Bylaws opposite this Section, or this Section may be amended to state t new location. SECTION 2.02. OTHER OFFICES. The Board may at any time establish branch or subordinate offices at any p places where the Corporation is qualified to conduct its activities. ARTICLE III PURPOSES AND LIMITATIONS SECTION 3.01. PURPOSES This Corporation is a Nonprofit Public Benefit Corporation and is not organi for the private gain of any person. It is organized under the California Nonprofit Public BE Corporation Law for charitable and public purposes. This Corporation is organized exclus for charitable and other purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United State Internal Revenue Law). The Corporation intends to establish a permanent endowment fund which be used to lessen the burdens of government by assisting the City of Diamond Bar in chad Diamond Bar Community Foundation Revised February 3 6, 2001 BYLAWS or 11 lie and other public purpose projects. The specific public and charitable purposes for which I his Corporation is organized are to lessen the burdens of government, to promote the implementation of the Parks Master Plan of 1998 of the City of Diamond Bar and to suppo the cultural, recreational and human service needs of the City of Diamond Bar. Notwithstanding any other provision of these Bylaws, this Corporation shall not, except to an insubstantial degree, carry on or engage in any activities or exercise any powers that are not in furtherar ce of the purposes of this Corporation, and the Corporation shall not carry on any other activi ies not permitted to be carried on by a corporation exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or by a corporation, contributions to which are dedu ible under Section.] 70(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law). SECTION 3.02. LIMITATIONS (a) Political activity. No substantial part of the activities of this Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and this Corporation shall not participate in or intervene in (including the publishing or distributing of statements in connection with) any political campaign on behalf of any candidate for public office. (b) Pro�rt . The property, assets, profits and net income are dedicated irrevocably to the purposes set forth in Section 3.01 above. No part of the profits or net earnings of this Corporation shall ever inure to the benefit of any of its Directors, trustees, officers, members (if any), employees, or to the benefit of any private individual. (c) General Activities. In carrying out the purposes set forth in Section 3.01 above, the Corporation shall not, in any manner, be utilized to discharge debt service obligations of the City of Diamond Bar. The support and promotion of charitable, cultural, recreational and human services afforded by this Corporation is in addition, and supplementary to, any budgeting program sponsored by the City, and the use of the assets, funds or person el of this Corporation in routine operations of the City of Diamond Bar (other than those established by the Corporation) shall be a violation of the purposes herein expressed. (d) Dissolution. Upon the winding up and dissolution of this Corporation after paying or adequately providing for the payment of the debts, obligations and liabilities of the Corporation, the remaining assets of this Corporation shall be distributed to a nonprofit fund, foundation or Corporation which is organized and operated exclusively for charitable purposes within the city of Diamond Bar and which has established its tax-exempt status un er Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of a y future United States Internal Revenue Law) or to the City of Diamond Bar. 1 Diamond Bar Community Foundation Revised February 16, 2Q01 BYLAWS - � a ARTICLE IV SECTION 4.01. NO MEMBERS This Corporation shall have no members. SECTION 4.02 ASSOCIATES The Corporation may refer to persons associated with it as "members" even though such persons are not members within the meaning of that term under Section 5056 the California Nonprofit Corporation Law or any corresponding Section of any future Califc nonprofit corporation law. The Corporation may confer by amendment of its Articles of Incorporation, some or all of the rights of a member, as set forth in the California Nonprofit Public Benefit Corporation Law, upon any person or persons who do not have the right to for the selection of directors, on disposition of substantially all of the assets of the Corporat on a merger or on a dissolution, or on changes of the Corporation's Articles of Incorporatio these Bylaws, but no such person shall be a member within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of future California Nonprofit Corporation law. ARTICLE V DIRECTORS SECTION 5.01. POWERS of is on, i or (a) General corporate powers. Subject to the provisions and limitations of the California Nonprofit Corporation Law and any other applicable laws, and any limitations of the Articles of Incorporation and of these Bylaws, the activities and affairs of the Corporations all be managed, and all corporate powers shall be exercised, by or under the direction of the Board. (b) Specific Powers. Without prejudice to these general powers, but subj to the same limitations, the Directors shall have the power to: (i) Appoint and remove, at the pleasure of the Board, all officers, agents employees of the Corporation; prescribe powers and duties for them that are consistent wl law, with the Articles of Incorporation and with these Bylaws; and fix their compensation require from them security for faithful performance of their duties. Diamond Bar Community Foundation Revised February 16, 2001 BYLAWS (ii) Change the principal office or the principal business office in the Sta e of California from one location to another; cause the Corporation to be qualified to conduct is activities in any other state, territory, dependency or country and conduct its activities wit lin or outside the State of California; and designate any place within or outside the State of Calif rnia for the holding of any meeting, including annual meetings. (iii) Adopt and use a corporate seal and alter the form thereof. (iv) Borrow money and incur indebtedness on behalf of the Corporation nd cause to be executed and delivered for the purposes of the Corporation, in the corporate r ame, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations Znd other evidences of debt and securities. (v) Receive donations from the Donors or from any other source in cash or in other property acceptable to them. All donations so received shall be deposited with an Investment Trustee by the Corporation and thereafter held, managed, administered and disposed of by the Investment Trustee and the Board of Directors pursuant to the terms of he Agreement. The Board of Directors may accept donations which restrict their uses and purposes, provided such restrictions are within the uses and purposes set forth in Article III, and which limit the time, manner, amount, or other terms of distribution; but, unless otherwis specifically required, the Board of Directors may mingle such restricted donations with of er assets of the Corporation. NO The Board of Directors shall have the power to apply funds and income of the Corporation for the purposes set forth in Article Ill. In furtherance thereof, the Board o Directors shall have the power and authority, and is directed to, distribute the distributabl income of the Corporation as they may determine, to the uses and purposes set forth in Arl icle III. Unless a restricted donation provides otherwise, as used in Section 1, "distributable income" means the total holdings of the Corporation, principal and interest, less $2,500 w ich will serve as the minimum holding of the Corporation. SECTION 5.02. NUMBER AND ELECTION OF DIRECTORS AND LIMITATIOlflS AND RESTRICTIONS ON DIRECTORS (a) Authorized number. The authorized number of Directors shall be el (11) until changed by amendment of the Bylaws. (b) Designation and Aointment of Directors. The original Directors sh II be designated by the Incorporator(s). Thereafter, Directors shall be appointed or elected in accordance with the following procedure: (i) One (1) member of the Board of Directors shall also be a member of City Council appointed by the mayor; 4 Diamond Bar Community Foundai Revised February 16, 2001 HYLA S (ii) One (1) member of the Board of Directors shall be a representative of Parks and Recreation Commission of the City of Diamond Bar appointed by the Commissic annually; (iii) Five (5) members of the Board of Directors shall be residents of the Ciy of Diamond Bar appointed by the City Council; and (iv) The remaining four (4) members of the Board of Directors shall be residents of the City of Diamond Bar who represent local Community organizations; includ ng one member representing the Chamber of Commerce, one member representing senior gro ps, one member representing youth organizations, and one member representing other service organizations. These members of the Board of Directors shall be referred to as "members -A. - large" and shall be appointed by the Board of Directors on a rotating basis from within eacl of the four groups. These "members -at -large" shal I be selected by majority vote of the Board of Directors at any annual regular or special meeting duly called and noticed for this purpose. (c) Limitations. Any change in the number and qualifications of memberl of the Board of Directors shall be made only by amendment to these Bylaws approved by theity Council of the City of Diamond Bar. (d) Restrictions on Directors. Not more than forty-nine percent (49%) of t persons serving on the Board may be interested persons. An interested person is (1) any pe being compensated by the Corporation for services rendered to it within the previous twely (12) months, whether as a full-time or part-time employee, independent contractor, or otherwise; and (2) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. A Director may not participate in any vote on any proposed transaction with another organization or entity of which such Director is also an employee, principal or director. However, any violation of'. provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. No member of the Board of Directors shall be financially, interested in any contract or other transaction entered into by the Board of Directors. No Director may utilize information obtained by reason of Board membership for personal gair the Board of Directors may recover any such gain realized. SECTION 5.03. TERM OF OFFICE OF DIRECTORS The Directors newly appointed or selected in accordance with Section 5.02( shall hold office as provided below. (a) Mayor's Appointee. The Mayor's appointee shall be appointed annually by the Mayor. Revised February 16, 2001 Diamond Bar Community BYLA (b) Representative of Parks and Recreation Commission. The representative of the Parks and Recreation Commission shall be appointed annually by the Parks and Recreation Commission. (c) City Council Appointees. The term shall be two years for City Council appointees to be limited to two (2) consecutive terms. Notwithstanding the forgoing, the ter for the first appointed five (5) positions shall be either one or two years determined by randc draw according to position, to wit, appointee positions number 1 and 2 shall be for a period one year each and positions number 3,4 and 5 shall be for a period of two years each. For purposes of the two consecutive term rule the "first" term of the City Council 1999 appointe shall expire on the date of the first annual meeting in February of 2001 or 2002, according to draw position as indicated above. (d) Members at -Large Appointees. The term of each of the four(4) at -large appointees shall be for two years limited to two (2) consecutive terms. Notwithstanding the foregoing, the terms for the first appointed four (4) at -large positions shall be either one or tv years determined by random draw according to position, to wit, at -large positions number 1 and 2 shall be for a period of two years each and at -large positions number 3 and 4 shall be a period of one year each. The first appointed four at -large positions shall also be limited to two consecutive terms. For purposes of the two consecutive term rules the "first" term of the four (4) at -large 1999 appointees shall expire on the date of the first annual meeting in FebrL of 2000. SECTION 5.04. RESTRICTIONS (a) All terms as prescribed in this article shall commence with an annual meeting of the Board of Directors and shall expire at the date of the annual meeting one or t, years later as the case may be. Notwithstanding the foregoing, the terms of office for the members of the board appointed by the City Council shall be concurrent with Council terms office. (b) After an appointee has served two consecutive terms, a one year period must occur before reappointment from either Council or Community organizations (i.e., an a large appointee cannot become a Council appointee without an intervening year and vice - versa). (c) No two or more persons from the same household shall be appointed the Board of Directors to serve at the same time. SECTION 5.05. VACANCIES AND REMOVAL (a) Events causing vacancy or removal. A vacancy or vacancies on the Boa shall exist on the occurrence of the following: (i) the death, removal, suspension or resignatic 6 Diamond Bar Community Foundation Revised February 16, 2001 BYLAWS of any Director; or (ii) the declaration by resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment of any court to have breached a duty under California Nonprofit Corporation Law or by a vote of six (6) Directors, subject to the approval by a three/fifths vote of the City Council. This Section is not subject to amendment, chang or alteration in any of its clauses or provisions without the consent of the Diamond Bar City Council. (b) Designations. Except as provided in this subsection, any Director mi resign effective upon giving written notice to the Chairperson of the Board, if any, or the President or the Secretary of the Board, unless such notice specifies a later time for the resignation to become effective. Except upon notice to the Attorney General of the State California, no Director may resign when the Corporation would then be left without a dul elected Director or Directors in charge of its affairs. (c) Filling vacancies. All vacancies occurring because of the expiration c terms or for other reasons will be filled by the appointing body as provided in Section 5.03 above. (d) No vacancy on reduction of number of Directors. No reduction of i authorized number of Directors shall have the effect of removing any Director before the Director's term of office expires. SECTION 5.05. PLACE OF MEETINGS; MEETINGS BY TELEPHONE Meetings of the Board shall be held at the principal office of the Corporation at such other place has been designated by the Board. In the absence of any such designati meetings shall be held at the principal office of the Corporation. Any meeting may be held conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one another, and all such Directors shall be deemed tt present in person at such meeting. SECTION 5.07. ANNUAL, REGULAR AND SPECIAL MEETINGS (a) Annual Meeting. The Board shall hold an annual meeting in conjuncti with its regularly scheduled meeting for the month of February of each year for the purpose organization, election of officers and the transaction of other business; provided, however, t the Board may fix another time for the holding of its annual meeting. Notice of this meetin€ shall not be required. A budget for the upcoming fiscal year shall be adopted at the annual meeting each year. The Chairperson, with assistance from the Community Services Directoi the City of Diamond Bar and the Investment Trustee, shall present a budget for approval of t Board at the annual meeting. Diamond Bar Community Foundation Revised February 16, 2001 BYLAWS be of (b) Other Regular Meetings. Other regular meetings shall be held on the third Thursday of each month at 7:00 p.m., at the principal office of the Corporation, or at other place designated from time to time by resolution of the Board. Said meetings shall bE held without notice; provided, however, any given monthly meeting may be dispensed wit majority vote of the Board. (c) Special Meetings. (i) Authority To, Call. Special meetings of the Board for any purpose be called at any time by the Chairperson of the Board, if any, the President or any Vice President, or the Secretary or by a majority of the Directors. (ii) Notice. a. Manner of Giving Notice. Notice of the time and place special meetings shall be given to each Director by one of the following methods: by personal delivery of written notice; 2. by first-class mail, postage pre -paid; 3. by telephone, either directly to the Director or to person at the Director's office who would reason be expected to communicate that notice promptl, the Director; or by iay to 4. by telegram, charges prepaid. All such notices 51 -al I be given or sent to the Director's address to telephone number as shown on the records of the Corporation. b. Time Requirements. Notices sent.by first-class mail shall be deposited in the United States mails at least seven (7) days before the time set for the meetilig. Notices given by personal delivery, telephone including FAX transmission, or telegraph sha I be delivered, telephoned, or given to the telegraph company at least forty-eight (48) hours before the time set for the meeting. C. Notice Contents. The notice shall state the time of the meeting, and the place if the place is other than the principal office of the Corporation, and business to be conducted. d. Brown Act Requirements. All annual, regular and spec meetings shall be notified, posted and conducted in every way consistent with the requirements set forth in the Brown Act. All meetings of the Board shall be open and publ 8 Diamond Bar Community Foundat Revised February 16, 2001 BYLA and all persons shall be permitted to attend any meeting of the Board, provided, however that the Board may hold closed sessions during any meeting to consider those matters that ma lawfully be considered in such sessions under Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code, commencing with Section 54950. SECTION 5.08. QUORUM A majority of the authorized number of Directors shall constitute a quorum for the transaction of business, except to adjourn as provided in Section 5.09. Subject to the ore stringent provisions of the California Nonprofit Public Benefit Corporation Law, including without limitation, those provisions relating to (i) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, (ii) approval of certain transa ions between corporations having common directorship, (iii) creation of an appointment of committees of the Board and (iv) indemnification of Directors, every act or decision done ar made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board. A meeting at which a quorum is initiall present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. SECTION 5.09. WAIVER OF NOTICE Notice of a meeting need not be given any Director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whethe before or after the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Notice of a meeting need not be given by qny Director who attends the meeting without protesting before or at its commencement the lak of notice to such Director. SECTION 5.10. ADJOURNMENT A majority of the Directors present, whether or not a quorum is present, adjourn any meeting to another time and place. SECTION 5.11. NOTICE OF ADJOURNED MEETING Notice of the time and place of holding an adjourned meeting need not be unless the original meeting is adjourned for more than twenty-four (24) hours, in which c< notice of any adjournment to another time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment. SECTION 5.12. ACTION WITHOUT MEETING Any action required or permitted to be taken by the Board may be taken wit y Diamond Bar Community Foundal Revised February 7 6, 2001 BYLA a meeting, if all members of the Board consent in writing to that action. Such action by m ritten consent shall have the same force and effect as any other validly approved action of the B 3ard. Such written consent or consents shall be filed with the minutes of the proceedings of th Board. For the purposes of this Section 5.11 only, "all members of the Board" shall not include Directors who have a material financial interest in a transaction to which the Corporation is a party. SECTION 5.13. FEES AND COMPENSATION This Corporation shall not compensate directors, members of committees, officers or employees for their services, but may reimburse directors, members of commi officers or employees for their reasonable and necessary expenses incurred on behalf of 1 Corporation, in accordance with such rules and procedures as may be established by the of Directors. ARTICLE VI COMMITTEES SECTION 6.01. COMMITTEES OF THE BOARD The Board, by resolution adopted by a majority of the Directors then in office may create one or more committees, each consisting of two or more Directors, to serve at t e pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the Directors then in office. The Board may appoint one or more Directors as alternate members of any such committee, who may replace an absent member at any meeting. Any such committee, to the extent provided in the resolution of the Board, shall have all of the authority of the Board, except that no committee, regardless of Board resolution, may; the Board; (a) fill vacancies on the Board or in any committee which has the authori of (b) establish or fix compensation of the Directors for serving on the Board on any committee; (c) amend or repeal Bylaws or adopt new Bylaws; (d) amend or repeal any resolution of the Board which by its express terms not so amendable or repealable; (e) committees; (fl Revised February 16, 2001 appoint any other committees of the Board or the members of these approve any contract or transaction to which the Corporation is a party 10 Diamond Bar Community Foundation BYLAWS and in which one or more of its Directors has a material financial interest, except as such approval is provided for in Section 5233(d)(3) of the California Corporations Code. SECTION 6.02. MEETINGS AND ACTIONS OF THE COMMITTEES Meetings and action of committees of the Board shall be governed by, held and taken in accordance with the provisions of Article V of these Bylaws, concerning meeting and other action of the Board, except that the time for regular meetings of such committees an I the calling of special meetings thereof may be determined either by resolution of the Board or, if there is no Board resolution, by resolution of the committee of the Board. Minutes shall b kept of each meeting of any committee of the Board and shall be filed with the corporate records. The Board may adopt rules for the government of any committee not inconsisten with the provisions of these Bylaws or in the absence of rules adopted by the Board, the committee may adopt such rules. ARTICLE VII OFFICERS SECTION 7.01. OFFICERS The officers of the Corporation shall include a President, a Secretary, and a C Financial Officer. The Corporation may also have, at the Board's discretion, a Chairperson the Board, one or more Vice Presidents, one or more assistant Secretaries, one or more assistant Treasurers, and such other officers as may be appointed in accordance with Sectio 7.03 of these Bylaws. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as either the President or the Chairperson of the Board. SECTION 7.02. ELECTION OF OFFICERS The officers of the Corporation, except those appointed in accordance with th, provisions of Section 7.03 of this Article VII, shall be chosen by the Board of Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any contract of employment. SECTION 7.03. OTHER OFFICERS The Board may appoint and may authorize the Chairperson of the Board or the President or another officer to appoint other officers that the Corporation may requires, each whom shall have the title, hold office for the period, have the authority and perform the dutii specified in the Bylaws determined from time to time by the Board. SECTION 7.04. REMOVAL OF OFFICERS Revised February 16, 2001 1 Diamond Bar Community Foundation BYLAWS iief Subject to the rights, if any, of an officer under contract of employment, an officer may be removed, with or without cause, by the Board of Directors, or, except in c se of an officer chosen by the Board of Directors, by an officer on whom such power of remova I may be conferred by the Board of Directors. SECTION 7.05. RESIGNATION OF OFFICERS Any officer may resign upon written notice to the Corporation without preju ice to the rights, if any, of the Corporation under any contract to which the officer is a party. SECTION 7.06. VACANCIES 1N OFFICE A vacancy occurring in any office because of death, resignation, removal or ther cause, shall be filled in the manner prescribed in these Bylaws for regular appointments to hat office. SECTION 7.07. RESPONSIBILITIES OF OFFICERS (a) ChairlDerson of the Board. if a Chairperson of the Board is elected, he she shal I preside at meetings of the Board and shall exercise and perform such other power and duties as the Board may assign from time to time. If there is no President, the Chairper of the Board shall also be the Chief Executive Officer and shall have the powers and duties the President of the Corporation prescribed by these Bylaws. The Chairperson shall have a vote on all matters. (b) President/Chief Executive Officer. Subject to the control and supervision of the Board, the President shall be the Chief Executive Officer and general manager of the Corporation and shall generally supervise, direct and control the activities and affairs and the officers of the Corporation. The President, in the absence of the Chairperson of the Board, cr if there be none, shall preside at all meetings of the Board. The President shall have such othr powers and duties as may be prescribed by the Board or these Bylaws. (c) Vice Chairperson. In the absence or disability of the Chairperson, the Vice Chairperson shall perform all of the duties of the Chairperson, and, when so acting, sf have all the powers of and be subject to all of the restrictions upon the Chairperson. Revised February 16, 2001 12 Diamond Bar Community Foundation BYLAWS (d) Secretary. (i) Book of minutes. The Secretary shall keep or cause to be kept, at the principal office or such other place as the Board may direct, a book of minutes of all meet ngs and actions of the Board and of committees of the Board. The Secretary shall also keep, o cause to be kept, at the principal office in the State of California, a copy of the Articles of Incorporation and Bylaws, as amended to date. The Secretary shall assist the Chairperson n the preparation of the agenda for the meetings, shall keep a full and complete record of the proceedings of all meetings of the Board of Directors and shall keep the seal of this Corporation and affix the same to such papers and instruments as may be required in the regular course of business, shall provide such notices as may be necessary and proper, sha I supervise the keeping of the books of this Corporation and shall discharge such other dutie as pertain to the office or as prescribed by the Board of Directors. (ii) Notices seal and other duties. The Secretary shall give, or cause to b given, notice of all meetings of the Board and of committees of the Board required by thes Bylaws to be given. The Secretary shall keep the seal of the Corporation in safe custody an shall have such other powers and perform such other duties as may be prescribed by the B and or the Bylaws. (e) Chief Financial Officer (Treasurer). (i) Books of account. The Chief Financial Officer of the Corporation shall keep or maintain, or cause to be kept or maintained, adequate and correct books and accou of the properties and transactions of the Corporation, and shall send or cause to be sent to tf Directors such financial statements and reports as are required by law or these Bylaws to be given. The books of account shall be open to inspection by any Director at all reasonable times. The Chief Financial Officer shall submit an annual report to the Board on the first meeting in October of each year. In case of the absence or disability of the Chief Financial Officer, or his or her refusal or neglect to act, such notices may be provided by the chairperson, or by the vice -chairperson or by any person thereunto authorized by the chairperson or by the vice -chairperson, or by the Board of Directors. (ii) Deposit- and disbursement of money and valuables. The Chief Financia Officer shall deposit all money and other valuables in the name and to the credit of the Corporation with such depositories as may be designated by the Board, shall disburse the fur of the Corporation as may be ordered by the Board, shall render to the President or Chairperson of the Board, if any, when requested, an account of all transactions as chief financial officer and of the financial condition of the Corporation and shall have other power: and perform such other duties as may be prescribed by the Board or the Bylaws. The Chief Financial Officer shall make a report annually of the uses of the Corporation funds and shall distribute copies to all Directors at the regular annual meeting held in March. Revised February 16, 2001 13 Diamond Bar Community Foundation BYLAWS (v) Bond. If required by the Board, the Chief Financial Officers give the Corporation a bond in the amount and with the surety or sureties specified by th Board for faithful performance of the duties of the office and for restoration to the Corpor of all its books, papers, vouchers, money and other property of every kind in the possessi under the control of the Chief Financial Officer upon death, resignation, retirement or rer from office. ARTICLE Vlll INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS SECTION 8.01. DEFINITIONS For the purposes of this Article VIII, "agent" means any person who is or was director, officer, employee, or other agent of the Corporation, or is or was serving at the re( of the Corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise; "proceeding" means any threatened, ending, or completed action or proceeding, whether civil, criminal, administrat or investigative; and "expenses" includes without limitation attorneys' fees and any expense establishing a right to indemnification under Section 8.02 or 8.03 of this Article Vlll. SECTION 8.02. INDEMNIFICATION IN ACTIONS BY THIRD PARTIES The Corporation shall have power to indemnify any person who was or is a p or is threatened to be made a party to any proceeding (other than an action by or in the righ the Corporation to procure a judgment in its favor, an action brought under Section 5233 of California Nonprofit Public Benefit Corporation Law, or an action brought by the Attorney General or a person granted relator status by the Attorney General for any breach of duty relating to assets held in charitable trust), by reason of the fact that such person is or was an agent of the Corporation, against expenses, judgments, fines, settlements, and other amount actually and reasonably incurred in connection with such proceeding if such person acted it good faith and in a manner such person reasonably believed to be in the best interests of the Corporation and, in the case of a criminal proceeding, had no reasonable cause to believe tl conduct of such person was unlawful. The termination of any proceeding by judgment, ord+ settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the best interests of the Corporation or that the person h reasonable cause to believe that the person's conduct was unlawful. SECTION 8.03. INDEMNIFICATION INACTIONS BY OR 1N THE RIGHT OF THE CORPORATION The Corporation shall have the power to indemnify any person who was or is Revised February 16, 2001 14 Diamond Bar Community Foundation BYLAWS or a guest_ of t of the r, party or is threatened to be made a party to any threatened, pending, or completed action by or in the right of the Corporation, or brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or brought by the Attorney General or a person granted r lator status by the Attorney General for breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by reason of the fact that such person is or was an agent of the Corporation, against expenses actually and reasonably incurred by such person in conneci ion with the defense or settlement of such action if such person acted in good faith, in a manner such person believed'to be in the best interests of the Corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under this Section 8.03. (a) In respect of any claim, issue, or matter as to which such person shall hZ been adjudged to be liable to the Corporation in the performance of such person's duty to Corporation, unless and only to the extent that the court in which such proceeding is or w pending shall determine upon application that, in view of all the circumstances of the cas( such person is fairly and reasonably entitled to indemnity for the expenses which such cot shall determine; (b) Of amounts paid in settling or otherwise disposing of a threatened or pending action, with or without court approval; or II (c) Of expenses incurred in defending a threatened or pending action which is settled or otherwise disposed of without court approval, unless it is settled with the approval of the Attorney General. SECTION 8.04. INDEMNIFICATION AGAINST EXPENSES To the extent that a agent of the Corporation has been successful on the meri s in defense of any proceeding referred to in Section 8.03 or 8.04 of this Article VIII or in defense of any claim, issue, or matter therein, the agent shall be indemnified against expenses actuall and reasonably incurred by the agent in connection therewith. SECTION 8,05. REQUIRED DETERMINATIONS Except as provided in Section 8.04 of this Article VIII any indemnification ur this Article Vill shall be made by the Corporation only if authorized in the specific case, of determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Section 8.02 or 8.03 of this A Vlll, by. (a) A majority vote of a quorum consisting of directors who are not parties to such proceeding; or (b) The court in which such proceeding is or was pending upon application 15 Diamond Bar Community Foundation Revised February 9 6, 2001 BYLAWS er a icle made by the Corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not such application by the agent, attorney, or oth r person rendering services in connection with the defense, is opposed by the Corporation. I the Board cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought is such as to prevent the formation of a quorum of Directors who are not parties to such proceeding, the Board or th attorney or other person rendering services in connection with the defense shall apply to th court in which such proceeding is or was pending to determine whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met. SECTION 8.06. ADVANCE OF EXPENSES Expenses incurred in defending any proceeding may be advanced by the Corporation prior to the final disposition of such proceeding upon receipt of an undertaking by or on behalf of the agent to repay such amount unless it shall be determined ultimately that the agent is entitled to be indemnified as authorized in this Article VIII. SECTION 8.07. OTHER INDEMNIFICATION No provision made by the Corporation to indemnify its or its subsidiary's dire(. - tors or officers for the defense of any proceeding, whether contained in these Bylaws, a resolution of directors, an agreement, or otherwise, shall be valid unless consistent with this Article VIII. Nothing contained in this Article VIII shall affect any right to indemnification to which persons other than such directors and officers may be entitled by contract or otherwis . SECTION 8.08. FORMS OF INDEMNIFICATION NOT PERMITTED No indemnification or advance shall be made under this Article VIII, except provided in Section 8.04 or 8.05(b), in any circumstances where it appears: (a) That it would be inconsistent with a provision of the Articles of Incorporat these Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of act! asserted in the proceeding in which the expenses were incurred or otherwise amounts were paid, which prohibits or otherwise limits indemnification; or (b) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement. SECTION 8.09 INSURANCE The Corporation shall have power to purchase and maintain insurance on behalf of any agent of the Corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such whether or not the Corporation would have the power to indemnify the agent against such liability under the provisions of this Article 16 Diamond Bar Community Foundation Revised February 16, 2001 BYLAWS VIII, provided, however, that a Corporation shall have no power to purchase and maintain insurance to indemnify any agent of the Corporation for a violation of Section 5233 of the California Nonprofit Public Benefit Corporation Law. SECTION 8.10. NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS This Article VIII does not apply to any proceeding against any trustee, invest manager, or other fiduciary of an employee benefit plan in such person's capacity as such, even though such person may also be an agent of the Corporation as defined in Section 8. this Article Vlll. The Corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law. ARTICLE IX RECORDS AND REPORTS SECTION 9.01. MAINTENANCE OF CORPORATE RECORDS The Corporation shall keep: (a) Adequate and correct books and records of account; (b) Minutes in.written form of the proceedings of the Board and coram of the Board. (c) If applicable, a record of its members, giving their names and addresses the class of membership held. SECTION 9.02. INSPECTION BY DIRECTORS Every Director shall have the absolute right at any reasonable time to inspect books, records and documents of every kind and the physical properties of the Corporation the records of each of its subsidiary Corporations. This inspection by a Director may be mz in person or by an agent or attorney, and the right of inspection includes the right to copy a make extracts of documents. SECTION 9.03. ANNUAL REPORT Except as provided under Section 6321(c)(d) or (f) of the California Corporatio Code, not later than one hundred twenty (120) days after the close of the fiscal year of the Corporation, the Board shall cause an annual report to be sent to all members of the Board. Such report shall contain the following information in reasonable detail: 17 Diamond Bar Community Foundation Revised February 16, 2001 BYLAWS (i) The assets and liabilities, including the trust funds, of the Corporation of the end of the fiscal year. (ii) The principal changes in assets and liabilities, including trust funds, di the fiscal year. (iii) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (iv) The expenses or disbursements of the Corporation, for both general restricted purposes, during the fiscal year. (v) Any information required by Section 9.04. SECTION 9.04. ANNUAL STATEMENT OF CERTAIN TRANSACTIONS AND INDEMNIFICATIONS The Corporation shall prepare annually and furnish to each director a statem of any transaction or indemnification of the following kind within one hundred twenty (12 days after the close of the fiscal year of the Corporation: ng (a) Any transaction to which the Corporation, its parent or its subsidiary was a party, and in which any Director or officer of the Corporation, its parent or subsidiary (but mere common director -ship shall not be considered such an interest) had a direct or indirect material financial interest, if such transaction involved over fifty thousand dollars ($50,000), or was one of a number of transactions with the same person involving, in the aggregate, over fifty thousand dollars ($50,000). (b) Any indemnifications or advances aggregating more than ten thousa dollars ($10,000) paid during the fiscal year to any officer or Director of the Corporation pursuant to Articie VI II hereof. The statement shall include a brief description of the transaction, the names of the Director(s) or officer(s) involved, their relationship to the Corporation, the nature of such person's interest in the transaction and, where practicable, the amount of such interest; provided, that in the case of a partnership in which such person is a partner, only the interest of the partnership need be stated. 18 Diamond Bar Community Foundati Revised February 16, 2001 BYLAS ARTICLE X SECTION 10.01. INVESTMENT TRUSTEE The Finance Officer of the City of Diamond Bar shall serve as the Investr Trustee for the Foundation. He/She shall have the powers and authority set out below. SECTION 10.02. POWERS OF TRUSTEE (a) In General. The powers of the Investment Trustee shall be limited to investment of the Corporatlon property. (b) Discretionary Powers. The Investment Trustee shall have the followi discretionary powers: (i) To hold the principal and all money or property given to the Trustee invest and re -invest, unless the deed or legacy of a particular gift or gifts specifically authc or requires its retention and/or use for a specific purpose. (ii) To invest and re -invest the principal and undistributed income of the funds on deposit with the Trustee in such property, real, personal or mixed and in such a manner as it shall deem proper for the growth of capital and the production of income, and from time to time change investments as he/she shall deem advisable; to invest in or retain i stocks, share, bonds, notes, obligations or personal or real property bonds, notes, obligation or personal or real property (including, without limitation, any interest in or obligations of ai corporations, association, business trust, investment trust, common trust fund or investment company) although some or all of the property so acquired or retained is of a kind or size which, but for this express authority, would not be considered proper and although all of the Corporation funds are invested in one company. No principal or income shall be loaned, directly or indirectly, to the Investment Trustee or any member of the Board or to anyone els corporate or otherwise, who has at any time made a contribution to this Corporation, nor anyone except on the basis of a minimum of the current market interest rate and with adequ; security. {iii) To sell, lease, or exchange any personal, mixed or real property at publ auction or by private contact, for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relating to the Corporation property, as it considers advisable, whether or not such leases or contracts may extend beyond the duration of the Corporation. GO To borrow money for such periods, at such rates of interest, and upon such terms as it considers advisable, and as security for such loans to mortgage or pledge any real or personal property with or without power of sale; to acquire or hold any real or personi Revised February 16, 2001 9 Diamond Bar Community Foundation BYLAWS Property, subject to any mortgage or hold any real personal property, subject to any mortg ge or pledge on or of property acquired or held by the Corporation. (v) To execute and deliver deeds, assignments, transfers, mortgages, pledges, leases, covenants, contracts, promissory notes, releases, and other instruments, sealed or unsealed, incident to any transaction in which it engages. (vi) To vote, to give proxies, to participate in the reorganization, merger or consolidation of any concern or in the reorganization, merger or consolidation of any concern or in the sale , lease, disposition, or distribution of its asset; to join with other security holders in acting through a committee, depository, voting trustees, or otherwise and in this connecl ion to delegate authority to such committee, depository, trustees and to deposit securities with them or transfer securities to them; to pay assessments levied on securities or to exercise subscription rights in respect of securities. (vii) To hold property without indication of fiduciary capacity but only int e name of a registered nominee, provided the property is at all times identified as such on th books of the Corporation; to keep any and all of the corporate property or funds in any plae or places in the United States of America. SECTION 10.03. ACCOUNTING The Investment Trustee shall render an accounting of the investment transact on concerning the Corporation to the Board of Directors at least annually. No person or entity other than the Board of Directors may require an accounting or bring any action against the Investment Trustee with respect to the Corporation or its assets. The Investment Trustee mav at any time initiate legal action or proceedings for the settlement of its accounts and, except as otherwise required by law, the only necessary party defendant to such action or proceeding shall be the Board of Directors. SECTION 10.04. POWERS OF BOARD OF DIRECTORS (a) In General. The Board of Directors, without prejudice to the discretio powers granted to the Investment Trustee in this Article X, shall have the duty and right to supervise the investments and activities of the Investment Trustee. (b) Specific Powers. The Board of Directors have the following powers regard to the funds controlled by the Investment Trustee and with respect to the activities performance of the Investment Trustee: (i) To modify any restriction or condition on the.distribution of func for any specified charitable purposes or to specified organizations, if in their sole judgment (without the approval of any trustee, custodian or agent), such restriction or condition becom unnecessary, incapable of fulfillment or inconsistent with the charitable or public benefit nee Revised February 16, 2001 20 Diamond Bar Community Foundation BYLAWS of the City of Diamond Bar; (ii) To replace any participating trustee, custodian or agent for of fiduciary duty under the laws of the State of California; and (iii) To replace any participating trustee, custodian or agent for failure to produce a reasonable (as determined by the Board of Directors) return of net income (o appreciation when not inconsistent with the Corporation's need for current income) with due regard to safety of principal, over a reasonable period of time (as determined by the Board of Directors); (iv) In determining whether there is a reasonable return of net income with respect to the exercise of the power described in subparagraph (iii) above, (1) there shall be excluded from such determination such as are held for the active conduct of the Corporation's exempt activities, and (2) such determination shall be made separately with respe t to the restricted fund and shall be made in the aggregate with respect to the unrestricted fund of the Corporation. A "restricted fund" means a fund, of any income of which has been designated by the donor of the gift or bequest to which such income is attributable as being available only for the use or benefit of a named charitable organization or agency or for the use or benefit of a particula class of charitable organizations or agencies, the members of which are readily ascertainable and are less than five (5) in number; (v) If it appears that there may be grounds for exercising the power described in subparagraphs (ii) or (iii) of paragraph (b) of this Article with respect to any fund, the Board of Directors shall notify the participating trustee, custodian or agent involved and provide a reasonable opportunity for explanation and/or correction. Before exercising the power granted to the Board of Directors under subparagraphs (ii) or (iii) of paragraph (b) oft is Article, the Board of Directors may seek advice of legal counsel as to whether a breach or failure has been committed under the laws of the State of California. The Board of Director shall exercise a power described in this Article only upon the vote of a majority of the members of the Board of Directors; and . (vi) Upon the exercise of the power under subparagraphs (ii) or (iii) paragraph (b) of this Article to replace any participating trustee, custodian, or agent, the Boa of Directors shall have the power to select a successor trustee, custodian or agent to whose custody the fund or funds held by the former trustee, custodian or agent shall be transferred. 21 Diamond Bar Community Foundation Revised February 16, 2001 BYLAWS ARTICLE XI AMENDMENTS SECTION 11.01. AMENDMENT OF BYLAWS A simple majority of the Board may amend the Bylaws at any meeting subject to the approval of the City Council of the City of Diamond Bar. However, no such amendment or modification shall alter the intention that this Corporation be operated exclusively to implement the adopted Parks Master Plan, or for cultural, recreational and human service purposes and in a manner which shall make this Corporation tax exempt and the donation to it deductible from taxable income to the extent allowed by the provisions of the Code and other applicable legislation and regulations as they now exist or as they may be amended in the future. Every amendment or modification of these Bylaws shall be in writing, shall be signed by a majority of the Board of Directors then serving and shall be delivered to each f the members of the Board then in office and to the Investment Trustee then in office. The term "majority," as used in this Section, is as defined in the California Nonprofit Corporation Law. SECTION 11.02. MAINTENANCE OF RECORDS The Secretary of the Corporation shall see that a true and correct copy of all amendments of the Bylaws, duly certified by the Secretary, is attached to the official Bylaws of the Corporation and is maintained with the official records of the Corporation at the principal office of the Corporation. ARTICLE XII PROXIES Each member of the Board of Directors shal I have one vote. There shal I berho proxy voting permitted for the transaction of any of the business of this Corporation. ARTICLE XIII CONSTRUCTION AND DEFINITIONS Unless the context otherwise requires, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular includes the plural and the plural includes the singular and the term "person" includes both a legal entity and a natural person. 22 Diamond Bar Community Foundal Revised February 16, 2001 BYLA ARTICLE XIV MISCELLANEOUS SECTION 14.01. EXECUTION OF CHECKS AND DRAFTS All checks, drafts or other orders for payment of money, notes or other evi of indebtedness, issued in the name of or payable to the Corporation, shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by resolution of the Board of directors. SECTION 14.02. EXECUTION OF CONTRACTS The Board of directors, except as.otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Corporation, and such authority may be ge or confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the Corporation by ar contract or engagement or to pledge its credit to render it liable for any purpose or to any amount. SECTION 14.03. REPRESENTATION OF SHARES OF OTHER CORPORATIONS The President or any Vice President or the Secretary or Assistant Secretary of Corporation from time to time designated by general resolution of the Board of Directors, ai acting individually and without necessity for specific resolution, are authorized to vote, represent and exercise on behalf of the Corporation all rights incident to any and all shares any other corporation or corporations standing in the name of the Corporation. The'authori herein granted to such officers to vote or represent on behalf of the Corporation any and all shares held by the Corporation in any other corporation or corporations may be exercised either by such officers in person or by any person authorized so to do by proxy or power of attorney duly executed by such officers. SECTION 14.04. LIABILITY OF DIRECTORS AND INVESTMENT TRUSTEE No Investment trustee or member of the Board of Directors shall be answerabl( for loss in investment made in good faith. No Investment Trustee or Member of the Board of Directors shall be liable for the act of omissions of any other member of the Board, or of any accountant, agent , counsel or custodial selected with reasonable care. Each Investment Trustee or member of the Board shall be fully protected in acting upon any instrument, certificate or paper, believed by him/her to be genuine and to be signed or presented by the Proper person or persons and no Investment Trustee or member of the Board shall be under Revised February 1b, 2001 23 Diamond Bar Community Foundation BYLAWS !nces any duty to make any investigation or inquiry as to any statement contained in any such NA riting but may accept the same as conclusive evidence of the truth and accuracy of the statement therein contained. SECTION 14.05. CERTIFICATE OF SECRETARY A Certificate of the Secretary of this Corporation shall be affixed to the origi al, or most recent amended version of the Bylaws, such Certificate to be in the following for . Revised February 16, 2007 24 Diamond Bar Community Foundation BYLAWS CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting Secretary of the Diamond Community Foundation, a California Nonprofit Public Benefit Corporation, that the a bylaws, consisting of twenty-four ( 24 ) pages, are the bylaws of this Corporation as adopted by the board of directors on Ate, 1999, and that they have not been amended or modified since that date. Executed on August 3, 1999 at Diamond Bar, California. Secretary 990727 11393-00001 eeh 0102701.1 Agenda# 6 - 2 Meeting Date: .Ta uan , 0" ' GENDA TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag -&- TITLE: Revisions to the bylaws for the Diamond Bar Community Foundation allowinfor an increase in the number of appointments to its Board of Directors RECOMMENDATION: City staff recommends that the City Council adopt the proposed revisions to the Com uni Foundation's bylaws in order to allow for an increase in the number of Board Members froi 11 to 15. BACKGROUND/DISCUSSION: members discussed and approved one change to their bylaws. During the Diamond Bar Community Foundation meeting held on December 13, 2001, Boy The Foundation is request expand the Board at this time due to increased interest from the community towards the Fc mission and purpose. Furthermore, the Board feels that the addition of four new members aid in its publicity and fundraising efforts as well as strengthen the Foundation's presence i community. Currently, section 5.02 states that the number of appointments to the Board of Directors sti however, the proposed change will increase that number to 15, with the four new positions the Council appointee "members at -large" portion of the Board. In conjunction with the abo revision, section 5.03 will also need to be changed in order to update the terms for the at -la positions appointed by the City Council. Per existing bylaws, the new at -large members wil allowed to serve two consecutive terms consisting of either one or two years (per term), del the position drawn under the rules defined in the above section for a "staggered" term schei Included with this staff report (Exhibit "A") is a draft of sections 5.02 (a) and (b)(iii) as well a: 5.03 (c) which reflect the above changes. While the bylaw modifications authorize the City Council to appoint four additional members Foundation's Board of Directors, the Council may, at its discretion, instead choose to ratify nominations brought forth by the Foundation, g to ndation's rill greatly the at 11; :d to be :nding on ale. section the PREPARED BY: Todd Strojny, Senior Administrative Assistant Attachments: Exhibit "A" - Recommended changes to sections 5.02 and 5.03 of Foundat on bylaws Exhibit "B" - Copy of existing Foundation bylaws y ; x EXHIBIT 'W1 SECTION 5.02. NUMBER AND ELECTION OF DIRECTORS AND LIMITATIONS AND RESTRICTIONS ON DIRECTORS (a) Authorized number. The authorized number of Directors shall be e1eveg414) until changed by amendment of the Bylaws. (b) Desi nation and Appointment of Directors. The original Directors shall be designated by the Incorporator(s). Thereafter, Directors shall be appointed or elected in accordance with the following procedure: (i) One (1) member of the Board of Directors shall also be a member of the City Council appointed by the mayor; (ii) ' One (1) member of the Board of Directors shall be a representative of the Parks and Recreation Commission of the City of Diamond Bar appointed by the Commission annually; (iii) E"� WINKINKI members of the Board of ❑irectorE shall be residents of the City of Diamond Bar appointed by the City Council; and (iv) The remaining four (4) members of the Board of Directors shall be residents of the City of Diamond Bar who represent local Community organizations; including one member representing the Chamber of Commerce, one member representing senior groups, one member representing youth organizations, and one member representing other service organizations. ThesE members of the Board of Directors shall be referred to as "members -at -large" and shall be appointed by the Board of Directors on a rotating basis from within each of the four groups. These "members -at -large" shall be selected by majority vote of the Board of Directors at any annual regular or special meeting duly called and noticed for this purpose. (c) Limitations. Any change in the number and qualifications of members of the Board of Directors shall be made only by amendment to these Bylaws approved by the City Council of the City of Diamond Bar. (d) Restrictions on Directors. Not more than forty-nine percent (49%) of the persons serving on the Board may be interested persons. An interested person is (1) any person being compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor, or otherwise; and (2) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. A Director may not participate in any vote on any proposed transaction with another organization or entity of which such Director is also an employee, principal or director. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. No member of the Board of Directors shall be financially interest( in any contract or other transaction entered into by the Board of Directors. No Director may utilize information obtained by reason of Board membership for personal gain; the Board of Directors may recover any such gain realized. SECTION 5.03. TERM OF OFFICE OF DIRECTORS The Directors newly appointed or selected in accordance with Section 5.02(b) shall hold office as provided below. (a) Mayor's Appointee. The Mayor's appointee shall be appointed annually by the Mayor. (b) Representative of Parks and Recreation Commission. The representative of the Parks and Recreation Commission shall be appointed annually by the Parks and Recreation Commission. (c) City Council Appointees. The term shall be two years for City Council appointees to be limited to two (2) consecutive terms. Notwithstanding the forgoing, the terms for the first appointed five (5) positions shall be either one or two years determined by random draw according to position, to wit, appointee positions number 1 and 2 shall be for a period of one year each and positions number 3,4 and 5 shall be for a period of two years each. For purposes of the two consecutive term rule the "first" term of the City Council 1999 appointees shall expire on the date of the first annual meeting in Februa of 2001 or 2002 accordin to draw osition as indicated above. Ui ti4tI nnurs��Fs�� � �e (d) Members at -Large Appointees. The term of each of the four(4) at -large appointees shall be for two years limited to two (2) consecutive terms. Notwithstanding the foregoing, the terms for the first appointed four (4) at. large positions shall be either one or two years determined by random draw according to position, to wit, at -large positions number 1 and 2 shall be for a period of two years each and at -large positions number 3 and 4 shall be for a period of one year each. The first appointed four at -large positions shall also be limited to two consecutive terms. For purposes of the two consecutive term rules the "first" term of the four (4) at -large 1999 appointees shall expire on the date of the first annual meeting in February of 2000. Exhibit "B" BYLAWS OF THE DIAMOND BAR COMMUNITY FOUNDATION (a California Nonprofit Public Benefit Corporation) ARTICLE I NAME The name of this Corporation is THE DIAMOND BAR COMMUNITY FOUNDATION. ARTICLE II OFFICES SECTION 2.01. PRINCIPAL OFFICE The principal office for the transaction of the activities and affairs of the Corporation ("principal office") is located at 21660 East Copley Drive, Diamond Bar, California. The Board of Directors ("the Board") may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Secretary on these Bylaws opposite this Section, or this Section may be amended to state ti new location. SECTION 2.02. OTHER OFFICES. The Board may at any time establish branch or subordinate offices at any pl places where the Corporation is qualified to conduct its activities. ARTICLE III PURPOSES AND LIMITATIONS SECTION 3.01. PURPOSES This Corporation is a Nonprofit Public Benefit Corporation and is not organi for the private gain of any person. It is organized under the California Nonprofit Public Bi Corporation Law for charitable and public purposes. This Corporation is organized exclu< for charitable and other purposes within the meaning of Section 501 (c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United State Internal Revenue Law). The Corporation intends to establish a permanent endowment fund which be used to lessen the burdens of government by assisting the City of Diamond Bar in chari ' Diamond Bar Community Foundation Revised February 16, 2001 BYLAWS or 11 ale and other public purpose projects. The specific public and charitable purposes for which this Corporation is organized are to lessen the burdens of government, to promote the implementation of the Parks Master Plan of 1998 of the City of Diamond Bar and to support the cultural, recreational and human service needs of the City of Diamond Bar. Notwithstanding any other provision of these Bylaws, this Corporation shall not, except to an insubstantial degree, carry on or engage in any activities or exercise any powers that are not in furthera ice of the purposes of this Corporation, and the Corporation shall not carry on any other activ ties not permitted to be carried on by a corporation exempt from Federal income tax under Se ion 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any fut re United States Internal Revenue Law) or by a corporation, contributions to which are deductible under Section.170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provi ion of any future United States Internal Revenue Law). SECTION 3.02. LIMITATIONS (a) Political activity. No substantial part of the activities of this Corporati n shall consist of carrying on propaganda, or otherwise attempting to influence legislation, a d this Corporation shall not participate in or intervene in (including the publishing or distribL ting of statements in connection with) any political campaign on behalf of any candidate for pu Aic off i ce. (b) Property. The property, assets, profits and net income are dedicated irrevocably to the purposes set forth in Section 3.01 above. No part of the profits or net earnings of this Corporation shall ever inure to the benefit of any of its Directors, trustees, officers, members (if any), employees, or to the benefit of any private individual. (c) General Activities. In carrying out the purposes set forth in Section 3.01 above, the Corporation shall not, in any manner, be utilized to discharge debt service obligations of the City of Diamond Bar. The support and promotion of charitable, cultu al, recreational and human services afforded by this Corporation is in addition, and supplemer tary to, any budgeting program sponsored by the City, and the use of the assets, funds or perso nel of this Corporation in routine operations of the City of Diamond Bar (other than those established by the Corporation) shall be a violation of the purposes herein expressed. (d) Dissolution. Upon the winding up and dissolution of this Corporation after paying or adequately providing for the payment of the debts, obligations and liabilities the Corporation, the remaining assets of this Corporation shall be distributed to a nonprofit fund, foundation or Corporation which is organized and operated exclusively for charitable purposes within the city of Diamond Bar and which has established its tax-exempt status un Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of € future United States Internal Revenue Law) or to the City of Diamond Bar. < Diamond Bar community Foundation Revised February 16, 2001 BYLAWS of er ARTICLE 1V MEMBERSHIP SECTION 4.01. NO MEMBERS This Corporation shall have no members. SECTION 4.02 ASSOCIATES The Corporation may refer to persons associated with it as "members" even though such persons are not members within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of any future Calif rnia nonprofit corporation law. The Corporation may confer by amendment of its Articles of Incorporation, some or all of the rights of a member, as set forth in the California Nonprofi Public Benefit Corporation Law, upon any person or persons who do not have the right to vote for the selection of directors, on disposition of substantially all of the assets of the Corporat on, on a merger or on a dissolution, or on changes of the Corporation's Articles of Incorporatio or these Bylaws, but no such person shall be a member within the meaning of that term unde Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of ny future California Nonprofit Corporation law. ARTICLE V DIRECTORS SECTION 5.01. POWERS (a) General cor orate Owers. Subject to the provisions and limitations of California Nonprofit Corporation Law and any other applicable laws, and any limitations of Articles of incorporation and of these Bylaws, the activities and affairs of the Corporation sh; be managed, and all corporate powers shall be exercised, by or under the direction of the Board. (b) Specific Powers. Without prejudice to these general powers, but subj to the same limitations, the Directors shall have the power to: (i) Appoint and remove, at the pleasure of the Board, all officers, agents ar employees of the Corporation; prescribe powers and duties for them that are consistent with law, with the Articles of Incorporation and with these Bylaws; and fix their compensation ar require from them security for faithful performance of their duties. s Revised February 16, 2001 Diamond Bar Community Foundation BYLAWS the (ii) Change the principal office or the principal business office in the Sta e of California from one location to another; cause the Corporation to be qualified to conduct is activities in any other state, territory, dependency or country and conduct its activities wit iin or outside the State of California; and designate any place within or outside the State of Calif rnia for the holding of any meeting, including annual meetings. (iii) Adopt and use a corporate seal and alter the form thereof. (iv) Borrow money and incur indebtedness on behalf of the Corporation cause to be executed and delivered for the purposes of the Corporation, in the corporate promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations other evidences of debt and securities. (v) Receive donations from the Donors or from any other source in cash or in other property acceptable to them. All donations so received shall be deposited with an Investment Trustee by the Corporation and thereafter held, managed, administered and disposed of by the Investment Trustee and the Board of Directors pursuant to the terms oft e Agreement. The Board of Directors may accept donations which restrict their uses and purposes, provided such restrictions are within the uses and purposes set forth in Article III and which limit the time, manner, amount, or other terms of distribution; but, unless otherwise specifically required, the Board of Directors may mingle such restricted donations with other assets of the Corporation. (vi) The Board of Directors shall have the power to apply funds and income of the Corporation for the purposes set forth in Article III. In furtherance thereof, the Board of Directors shall have the power and authority, and is directed to, distribute the distributable income of the Corporation as they may determine, to the uses and purposes set forth in Arti le III. Unless a restricted donation provides otherwise, as used in Section 1, "distributable income" means the total holdings of the Corporation, principal and interest, less $2,500 wh'ch will serve as the minimum holding of the Corporation. SECTION 5.02. NUMBER AND ELECTION OF DIRECTORS AND LIMITATIO AND RESTRICTIONS ON DIRECTORS (a) Authorized number. The authorized number of Directors shall be el (11) until changed by amendment of the Bylaws. (b) Designation and Appointment of Directors. The original Directors shal be designated by the Incorporator(s). Thereafter, Directors shall be appointed or elected in accordance with the following procedure: (i) One (1) member of the Board of Directors shall also be a member of City Council appointed by the mayor; Revised February 16, 2001 Diamond Sar Community Foundation BYLAWS " t } (ii) One (1) member of the Board of Directors shall be a representative o the Parks and Recreation Commission of the City of Diamond Bar appointed by the Commissin annually; (iii) Five (5) members of the Board of Directors shall be residents of theCity of Diamond Bar appointed by the City Council; and (iv) The remaining four (4) members of the Board of Directors shall be residents of the City of Diamond Bar who represent local Community organizations; including one member representing the Chamber of Commerce, one member representing senior groups, one member representing youth organizations, and one member representing other service organizations. These members of the Board of Directors shall be referred to as "members- t - large" and shall be appointed by,the Board of Directors on a rotating basis from within each of the four groups. These "members -at -large" shall be selected by majority vote of the Board of Directors at any annual regular or special meeting duly called and noticed for this purpose (c) Limitations. Any change in the number and qualifications of membe of the Board of Directors shall be made only by amendment to these Bylaws approved by the City Council of the City of Diamond Bar. (d) Restrictions on Directors. Not more than forty-nine percent (49%) of persons serving on the Board may be interested persons. An interested person is (1) any p being compensated by the Corporation for services rendered to it within the previous twel (12) months, whether as a full-time or part-time employee, independent contractor, or otherwise; and (2) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. A Director may not participate in any vote on any proposed transaction with another organization or entity of which such Director is also an employee, principal or director. However, any violation of provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. No member of the Board of Directors shall be financially, interested in any contract or other transaction entered into by the Board of Directors. No Director may utilize information obtained by reason of Board membership for personal gal the Board of Directors may recover any such gain realized. SECTION 5.03. TERM OF OFFICE OF DIRECTORS The Directors newly appointed or selected in accordance with Section 5.0 shall hold office as provided below. (a) Mayor's Appointee. The Mayor's appointee shall be appointed annually by the Mayor. 5 Diamond Bar Community Foundation Revised February 16, 2001 BYLAWS (b) Representative of Parks and Recreation Commission. The representative of the Parks and Recreation Commission shall be appointed annually by the Parks and Recreation Commission. (c) City Council Appointees. The term shall be two years for City Council appointees to be limited to two (2) consecutive terms. Notwithstanding the forgoing, the t rms for the first appointed five (5) positions shall be either one or two years determined by random draw according to position, to wit, appointee positions number 1 and 2 shall be for a period of one year each and positions number 3,4 and 5 shall be for a period of two years each. For purposes of the two consecutive term rule the "first" term of the City Council 1999 appoint es shall expire on the date of the first annual meeting in February of 2001 or 2002, according o draw position as indicated above. (d) Members at -Large Appointees. The term of each of the four(4) at-larg appointees shall be for two years limited to two (2) consecutive terms. Notwithstanding th foregoing, the terms for the first appointed four (4) at -large positions shall be either one or i years determined by random draw according to position, to wit, at -large positions number and 2 shall be for a period of two years each and at -large positions number 3 and 4 shall b a period of one year each. The first appointed four at -large positions shall also be limited t two consecutive terms. For purposes of the two consecutive term rules the "first" term of tl four (4) at -large 1999 appointees shall expire on the date of the first annual meeting in Febi of 2000. SECTION 5.04. RESTRICTIONS (a) All terms as prescribed in this article shall commence with an annual meeting of the Board of Directors and shall expire at the date of the annual meeting one or 1 years later as the case may be. Notwithstanding the foregoing, the terms of office for the members of the board appointed by the City Council shall be concurrent with Council term! office. (b) After an appointee has served two consecutive terms, a one year perio must occur before reappointment from either Council or Community organizations (i.e., an large appointee cannot become a Council appointee without an intervening year and vice - versa). (c) No two or more persons from the same household shall be appointed the Board of Directors to serve at the same time. SECTION 5.05. VACANCIES AND REMOVAL (a) Events causing vacancy or removal. A vacancy or vacancies on the shall exist on the occurrence of the following: (i) the death, removal, suspension or resigi b Diamond Bar Community Foundation Revised February 16, 2001 BYLAWS for iary of rd - r of any Director; or (ii) the declaration by resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by an order of court or convicted of a f lony or has been found by final order or judgment of any court to have breached a duty under California Nonprofit Corporation Law or by a vote of six (6) Directors, subject to the approval by a three/fifths vote of the City Council, This Section is not subject to amendment, thane or alteration in any of its clauses or provisions without the consent of the Diamond Bar City Council. (b) Resignations. Except as provided in this subsection, any Director m resign effective upon giving written notice to the Chairperson of the Board, if any, or the President or the Secretary of the Board, unless such notice specifies a later time for the resignation to become effective. Except upon notice to the Attorney General of the State California, no Director may resign when the Corporation would then be left without a du elected Director or Directors in charge of its affairs. (c) Filling vacancies. All vacancies occurring because of the expiration terms or for other reasons will be filled by the appointing body as provided in Section 5.0 above. (d) No vacancy on reduction of number of Directors. No reduction of t authorized number of Directors shall have the effect of removing any Director before the Director's term of office expires. SECTION 5.06. PLACE OF MEETINGS; MEETINGS BY TELEPHONE Meetings of the Board shall be held at the principal office of the Corporation or at such other place has been designated by the Board. In the absence of any such designation, meetings shall be held at the principal office of the Corporation. Any meeting may be held by conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one another, and all such Directors shall be deemed be present in person at such meeting. I r SECTION 5.07. ANNUAL, REGULAR AND SPECIAL MEETINGS (a) Annual Meeting. The Board shall hold an annual meeting in conjunction with its regularly scheduled meeting for the month of February of each year for the purpose of organization, election of officers and the transaction of other business; provided, however, hat the Board may fix another time for the holding of its annual meeting. Notice of this meeting shall not be required. A budget for the upcoming fiscal year shall be adopted at the annual meeting each year. The Chairperson, with assistance from the Community Services Directr of the City of Diamond Bar and the Investment Trustee, shall present a budget for approval of he Board at the annual meeting. 7 Diamond Sar Community Foundai Revised February 16, 2001 BYLA (b) Other Regular Meetings. Other regular meetings shall be held on the third Thursday of each month at 7:00 p.m., at the principal office of the Corporation, or at any other place designated from time to time by resolution of the Board. Said meetings shall be held without notice; provided, however, any given monthly meeting may be dispensed with by majority vote of the Board. (c) Special Meetings. . (i) Authority To Call. Special meetings of the Board for any purpose ay be called at any time by the Chairperson of the Board, if any, the President or any Vice President, or the Secretary or by a majority of the Directors. (ii) Notice. a. Manner of Givin Notice. Notice of the time and place of special meetings shall be given to each Director by one of the following methods: t. by personal delivery of written notice; 2. by first-class mail, postage pre -paid; 3. by telephone, either directly to the Director or tc a person at the Director's office who would reaso abl) be expected to communicate that notice promptly to the Director; or 4. by telegram, charges prepaid. All such notices shall be given or sent to the Director's address to telephone number as shown on the records of the Corporation. b. Time Requirements. Notices sent by first-class mail shal I be deposited in the United States mails at least seven (7) days before the time set for the meeti ig. Notices given by personal delivery, telephone including FAX transmission, or telegraph shall be delivered, telephoned, or given to the telegraph company at least forty-eight (48) hours before the time set for the meeting. C. Notice Contents. The notice shall state the time of the meeting, and the place if the place is other than the principal office of the Corporation, and the business to be conducted. d. Brown Act Requirements. All annual, regular and speci meetings shall be notified, posted and conducted in every way consistent with the requirements set forth in the Brown Act. All meetings of the Board shall be open and publi Diamond Bar Community Foundation Revised February 16, 2Q01 BYLAWS and all persons shall be permitted to attend any meeting of the Board, provided, however, the Board may hold closed sessions during any meeting to consider those matters that mal lawfully be considered in such sessions under Chapter 9 of Part 1 of Division 2 of Title 5 c Government Code, commencing with Section 54950. SECTION 5.08. QUORUM that the A majority of the authorized number of Directors shall constitute a quorum or the transaction of business, except to adjourn as provided in Section 5.09. Subject to the more stringent provisions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to (i) approval of contracts or transactions in vMch a Director has a direct or indirect material financial interest, (ii) approval of certain transactions between corporations having common directorship, (iii) creation of an appointment of committees of the Board and (iv) indemnification of Directors, every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if iny action taken is approved by at least a majority of the required quorum for that meeting. SECTION 5.09. WAIVER OF NOTICE Notice of a meeting need not be given any Director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting. The waiver of notice or consent need not specify the purpose f the meeting. All such waivers, consents and approvals shall be filed with the corporate re ords or made a part of the minutes of the meetings. Notice of a meeting need not be given by ny Director who attends the meeting without protesting before or at its commencement the la k of notice to such Director. SECTION 5.10. ADJOURNMENT A majority of the Directors present, whether or not a quorum is present, m adjourn any meeting to another time and place. SECTION 5.11. NOTICE OF ADJOURNED MEETING Notice of the time and place of holding an adjourned meeting need not be unless the original meeting is adjourned for more than twenty-four (24) hours, in which c� notice of any adjournment to another time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment. SECTION 5.12. ACTION WITHOUT MEETING Any action required or permitted to be taken by the Board may be taken without Revised February 16, 2001 Diamond Bar Community BYLA a meeting, if all members of the Board consent in writing to that action. Such action by w consent shall have the same force and effect as any other validly approved action of the Bc Such written consent or consents shall be filed with the minutes of the proceedings of the Board. For the purposes of this Section 5.11 only, "all members of the Board" shall not include Directors who have a material financial interest in a transaction to which the Corporation is a party. SECTION 5.13. FEES AND COMPENSATION This Corporation shall not compensate directors, members of committees, officers or employees for their services, but may reimburse directors, members of committ es, officers or employees for their reasonable and necessary expenses incurred on behalf of the Corporation, in accordance with such rules and procedures as may be established by the Boar of Directors. ARTICLE VI COMMITTEES SECTION 6.01, COMMITTEES OF THE BOARD The Board, by resolution adopted by a majority of the Directors then in offic may create one or more committees, each consisting of two or more Directors, to serve at pleasure of the Board. Appointments to committees of the Board shall be by majority vote the Directors then in office. The Board may appoint one or more Directors as alternate members of any such committee, who may replace an absent member at any meeting. An such committee, to the extent provided in the resolution of the Board, shall have all of the authority of the Board, except that no committee, regardless of Board resolution, may: (a) fill vacancies on the Board or in any committee which has the authority of the Board; (b) establish or fix compensation of the Directors for serving on the Board or on any committee; (c) amend or repeal Bylaws or adopt new Bylaws; (d) amend or repeal any resolution of the Board which by its express ters is not so amendable or repealable; (e) committees; (fl Revised February 16, 2001 appoint any other committees of the Board or the members of these approve any contract or transaction to which the Corporation is -a 1007 Diamond Bar Community and in which one or more of its Directors has a material financial interest, except as such approval is provided for in Section 5233(d)(3) of the California Corporations Code. SECTION 6.02. MEETINGS AND ACTIONS OF THE COMMITTEES Meetings and action of committees of the Board shall be governed by, held taken in accordance with the provisions of Article V of these Bylaws, -concerning meetingE other action of the Board, except that the time for regular meetings of such committees an, calling of special meetings thereof may be determined either by resolution of the Board or there is no Board resolution, by resolution of the committee of the Board. Minutes shall b kept of each meeting of any committee of the Board and shall be filed with the corporate records. The Board may adopt rules for the government of any committee not inconsistent with the provisions of these Bylaws or in the absence of rules adopted by the Board, the committee may adopt such rules. ARTICLE VII OFFICERS SECTION 7,01. OFFICERS The officers of the Corporation shall include a President, a Secretary, and a C Financial Officer. The Corporation may also have, at the Board's discretion, a Chairperson the Board, one or more Vice Presidents, one or more assistant Secretaries, one or more assistant Treasurers, and such other officers as may be appointed in accordance with Sectioi 7.03 of these Bylaws. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as either the President or the Chairperson of the Board. SECTION 7.02. ELECTION OF OFFICERS The officers of the Corporation, except those appointed in accordance with the provisions of Section 7.03 of this Article VII, shall be chosen by the Board of Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any contract of employment. SECTION 7.03. OTHER OFFICERS The Board may appoint and may authorize the Chairperson of the Board or the President or another officer to appoint other officers that the Corporation may requires, each whom shall have the title, hold office for the period, have the authority and perform the dutii specified in the Bylaws determined from time to time by the Board. SECTION 7.04. REMOVAL OF OFFICERS Revised February 16, 2001 7 Diamond Bar Community Foundation BYLAWS and the if iief Subject to the rights, if any, of an officer under contract of employment, an officer may be removed, with or without cause, by the Board of Directors, or, except in case of an officer chosen by the Board of Directors, by an officer on whom such power of removal may be conferred by the Board of Directors. SECTION 7.05. RESIGNATION OF OFFICERS Any officer may resign upon written notice to the Corporation without preju ice to the rights, if any, of the Corporation under any contract to which the officer is a party. SECTION 7.06. VACANCIES IN OFFICE A vacancy occurring in any office because of death, resignation, removal or cause, shall be filled in the manner prescribed in these Bylaws for regular appointments to office. SECTION 7.07. RESPONSIBILITIES OF OFFICERS (a) Chairperson of the Board. If a Chairperson of the Board is elected, he she shall preside at meetings of the Board and shall exercise and perform such other power and duties as the Board may assign from time to time. If there is no President, the Chairper of the Board shall also be the Chief Executive Officer and shall have the powers and duties the President of the Corporation prescribed by these Bylaws. The Chairperson shall have a vote on all matters. (b) President/Chief Executive Officer. Subject to the control and supervision of the Board, the President shall be the Chief Executive Officer and general manager of the Corporation and shall generally supervise, direct and control the activities and affairs and the officers of the Corporation. The President, in the absence of the Chairperson of the Board, c r if there be none, shall preside at all meetings of the Board. The President shall have such othr powers and duties as may be prescribed by the Board or these Bylaws. (c) Vice Chair arson. In the absence or disability of the Chairperson, the Vice Chairperson shall perform all of the duties of the Chairperson, and, when so acting, sh have all the powers of and be subject to all of the restrictions upon the Chairperson. Revised February 16, 2001 12 Diamond Bar Community Foundation BYLAWS (d) Secretary. (i) Book of minutes. The Secretary shall keep or cause to be kept, at principal office or such other place as the Board may direct, a book of minutes of all meet and actions of the Board and of committees of the Board. The Secretary shall also keep, o cause to be kept, at the principal office in the State of California, a copy of the Articles of Incorporation and Bylaws, as amended to date. The Secretary shall assist the Chairperson the preparation of the agenda for the meetings, shall keep a full and complete record of.th, proceedings of all meetings of the Board of Directors and shall keep the seal of this Corporation and affix the same to such papers and instruments as may be required in the regular course of business, shall provide such notices as may be necessary and proper, sha supervise the keeping of the books of this Corporation and shall discharge such other dutie pertain to the office or as prescribed by the Board of Directors. the ngs n as (ii) Notices seal and other duties. The Secretary shall give, or cause to b given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall keep the seal of the Corporation in safe custody an shall have such other powers and perform such other duties as may be prescribed by the Board or the Bylaws. (e) Chief Financial Officer (Treasurer). (i) Books of account. The Chief Financial Officer of the Corporation shal keep or maintain, or cause to be kept or maintained, adequate and correct books and accot. of the properties and transactions of the Corporation, and shall send or cause to be sent to ti Directors such financial statements and reports as are required by law or these Bylaws to be given. The books of account shall be open to inspection by any Director at all reasonable times. The Chief Financial Officer shall submit an annual report to the Board on the first meeting in October of each year. In case of the absence or disability of the Chief Financial Officer, or his or her refusal or neglect to act, such notices may be provided by the chairperson, or by the vice -chairperson or by any person thereunto authorized by the chairperson or by the vice -chairperson, or by the Board of Directors. (ii) De osit and disbursement of money and valuables. The Chief Financi Officer shall deposit all money and other valuables in the name and to the credit of the Corporation with such depositories as may be designated by the Board, shall disburse the fui of the Corporation as may be ordered by the Board, shall render to the President or Chairperson of the Board, if any, when requested, an account of all transactions as chief financial officer and of the financial condition of the Corporation and shall have other power and perform such other duties as may be prescribed by the Board or the Bylaws. The Chief Financial Officer shall make a report annually of the uses of the Corporation funds and shall distribute copies to all Directors at the regular annual meeting held in March. Revised February 16, 2001 13 Diamond Bar Community Foundation BYLAWS (v) Bond. If required by the Board, the Chief Financial Officers all give the Corporation a bond in the amount and with the surety or sureties specified by th Board for faithful performance of the duties of the office and for restoration to the Corporation of all its books, papers, vouchers, money and other property of every kind in the possession or under the control of the Chief Financial Officer upon death, resignation, retirement or removal from office. ARTICLE VIII INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS SECTION 8.01. DEFINITIONS For the purposes of this Article Vill "agent" means any person who is or was a director, officer, employee, or other agent of the Corporation, or is or was serving at the re uesi of the Corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise; "proceeding" means any threatened, ending, or completed action or proceeding, whether civil, criminal, administra ive, or investigative; and "expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under Section 8.02 or 8.03 of this Article Vill. SECTION 8.02. INDEMNIFICATION IN ACTIONS BY THIRD PARTIES The Corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any proceeding (other than an action by or in the right of the Corporation to procure a judgment in its favor, an action brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or an action brought by the Attorney General or a person granted relator status by the Attorney General for any breach of duty relating to assets held in charitable trust), by reason of the fact that such person is or was an agent of the Corporation, against expenses, judgments, fines, settlements, and other amount actually and reasonably incurred in connection with such proceeding if such person acted i good faith and in a manner such person reasonably believed to be in the best interests of th Corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding by judgment, ord r, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itse! create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the best interests of the Corporation or that the person had reasonable cause to believe that the person's conduct was unlawful. SECTION 8.03. INDEMNIFICATION INACTIONS BY OR IN THE RIGHT OF THE CORPORATION The Corporation shall have the power to indemnify any person who was or is Revised February 16, 2001 34 Diamond Bar Community Foundation BYLAWS party or is threatened to be made a party to any threatened, pending, or completed action by or in the right of the Corporation, or brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or brought by the Attorney General or a person granted relator status by the Attorney General for breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by reason of the fact that such person is or was an agent of the Corporation, against expenses actually and reasonably incurred by such person in connec ion with the defense or settlement of such action if such person acted in good faith, in a manner such person believed'to be in the best interests of the Corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under this Section 8.03. (a) In respect of any claim, issue, or matter as to which such person shall ha been adjudged to be liable to the Corporation in the performance of such person's duty to Corporation, unless and only to the extent that the court in which such proceeding is or wi pending shall determine upon application that, in view of all the circumstances of the case such person is fairly and reasonably entitled to indemnity for the expenses which such cou shall determine; (b) Of amounts paid in settling or otherwise disposing of a threatened or pending action, with or without court approval; or II (c) Of expenses incurred in defending a threatened or pending action which is settled or otherwise disposed of without court approval, unless it is settled with the approval of the Attorney General. SECTION 8.04. INDEMNIFICATION AGAINST EXPENSES To the extent that a agent of the Corporation has been successful on the merit; defense of any proceeding referred to in Section 8.03 or 8.04 of this Article Vill or in defens any claim, issue, or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. SECTION 8.05. REQUIRED DETERMINATIONS Except as provided in Section 8.04 of this Article Vill any indemnification and this Article VIII shall be made by the Corporation only if authorized in the specific case, upo determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Section 8.02 or 8.03 of this Arti Vill, by: (a) A majority vote of a quorum consisting of directors who are not parties to such proceeding; or (b) The court in which such proceeding is or was pending upon application Revised February 15, 2001 15 Diamond Bar Community Foundation BYLAWS in of a e made by the Corporation or the agent or the attorney or other person rendering services i connection with the defense, whether or not such application by the agent, attorney, oro her person rendering services in connection with the defense, is opposed by the Corporation. If the Board cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought is such as to prevent the formation of a quorum of Directors who are not parties to such proceeding, the Board ort e attorney or other person rendering services in connection with the defense shall apply tot e court in which such proceeding is or was pending to determine whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met. SECTION 8.06. ADVANCE OF EXPENSES Expenses incurred in defending any proceeding may be advanced by the Corporation prior to the final disposition of such proceeding upon receipt of an undertakin 7 by or on behalf of the agent to repay such amount unless it shall be determined ultimately tha the agent is entitled to be indemnified as authorized in this Article VIII. SECTION 8.07. OTHER INDEMNIFICATION No provision made by the Corporation to indemnify its or its subsidiary's dire tors or officers for the defense of any proceeding, whether contained in these Bylaws, a resolution of directors, an agreement, or otherwise, shall be valid unless consistent with thi Article VIII. Nothing contained in this Article VIII shall affect any right to indemnification t which persons other than such directors and officers may be entitled by contract or otherwi SECTION 8.08. FORMS OF INDEMNIFICATION NOT PERMITTED No indemnification or advance shall be made under this Article VIII, except provided in Section 8.04 or 8.05(b), in any circumstances where it appears: (a) That it would be inconsistent with a provision of the Articles of Incorporat these Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of actl asserted in the proceeding in which the expenses were incurred or otherwise amounts were paid, which prohibits or otherwise limits indemnification; or (b) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement. SECTION 8.09 INSURANCE The Corporation shall have power to purchase and maintain insurance on behalf of any agent of the Corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such whether or not the Corporation wou d have the power to indemnify the agent against such liability under the provisions of this Arti le Revised February 16, 2007 16 Diamond Bar Community Foundation BYLAWS Vill, provided, however, that a Corporation shall have no power to purchase and maintai such insurance to indemnify any agent of the Corporation for a violation of Section 5233 of th California Nonprofit Public Benefit Corporation Law. SECTION 8.10. NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS This Article Vlll does not apply to any proceeding against any trustee, inves manager, or other fiduciary of an employee benefit plan in such person's capacity as such even though such person may also be an agent of the Corporation as defined in Section 8. this Article VIII. The Corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law. ARTICLE IX RECORDS AND REPORTS SECTION 9.01. MAINTENANCE OF CORPORATE RECORDS The Corporation shall keep: (a) Adequate and correct books and records of account; of the Board. (b) Minutes in_written form of the proceedings of the Board and comm (c) If applicable, a record of its members, giving their names and addresses the class of membership held. SECTION 9.02. INSPECTION BY DIRECTORS 1 of Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and the physical properties of the Corporation ar the records of each of its subsidiary Corporations. This inspection by a Director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy atid make extracts of documents. SECTION 9.03. ANNUAL REPORT Except as provided under Section 6321(c)(d) or (f) of the California Corporatic Code, not later than one hundred twenty (120) days after the close of the fiscal year of the Corporation, the Board shall cause an annual report to be sent to all members of the Board. Such report shall contain the following information in reasonable detail: Revised February 16, 2007 7 Diamond Bar Community Foundation BYLAWS (i) The assets and liabilities, including the trust funds, of the Corpo of the end of the fiscal year. as the fiscal year. (ii) The principal changes in assets and liabilities, including trust funds, curing (iii) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (iv) The expenses or disbursements of the Corporation, for both general restricted purposes, during the fiscal year. (v) Any information required by Section 9.04. SECTION 9.04. ANNUAL STATEMENT OF CERTAIN TRANSACTIONS AND INDEMNIFICATIONS The Corporation shall prepare annually and furnish to each director a state of any transaction or indemnification of the following kind within one hundred twenty (1 days after the close of the fiscal year of the Corporation: (a) Any transaction to which the Corporation, its parent or its subsidiary party, and in which any Director or officer of the Corporation, its parent or subsidiary (but common director -ship shall not be considered such an interest) had a direct or indirect ma financial interest, if such transaction involved over fifty thousand dollars ($50,000), or was of a number of transactions with the same person involving, in the aggregate, over fifty thousand dollars ($50,000). (b) Any indemnifications or advances aggregating more than ten thous dollars ($10,000) paid during the fiscal year to any officer or Director of the Corporation pursuant to Article VIII hereof. The statement shall include a brief description of the transaction, the names the Director(s) or officer(s) involved, their relationship to the Corporation, the nature of su person's interest in the transaction and, where practicable, the amount of such interest; provided, that in the case of a partnership in which such person is a partner, only the inter the partnership need be stated. 8 Diamond Bar Community Foundation Revised February i 6, 2001 BYLAWS a re of . � S ARTICLE X SECTION 10.01. INVESTMENT TRUSTEE The Finance Officer of the City of Diamond Bar shall serve as the Investme Trustee for the Foundation. He/She shal I have the powers and authority set out below. SECTION 10.02. POWERS OF TRUSTEE (a) In General. The powers of the Investment Trustee shall be limited tc investment of the Corporation property. (b) Discretionary Powers. The Investment Trustee shall have the followi discretionary powers: (i) To hold the principal and all money or property given to the Trustee invest and re -invest, unless the deed or legacy of a particular gift or gifts specifically autho or requires its retention and/or use for a specific purpose. (ii) To invest and re -invest the principal and undistributed income of the funds on deposit with the Trustee in such property, real, personal or mixed and in such a manner as it shall deem proper for the growth of capital and the production of income, an from time to time change investments as he/she shall deem advisable; to invest in or retain any stocks, share, bonds, notes, obligations or personal or real property bonds, notes, obligations, or personal or real property (including, without limitation, any interest in or obligations of any corporations, association, business trust, investment trust, common trust fund or investment company) although some or all of the property so acquired or retained is of a kind or size which, but for this express authority, would not be considered proper and although all oft e Corporation funds are invested in one company. No principal or income shall be loaned, directly or indirectly, to the Investment Trustee or any member of the Board or to anyone Else, corporate or otherwise, who has at any time made a contribution to this Corporation, nor anyone except on the basis of a minimum of the current market interest rate and with adequate security. (iii) To sell, lease, or exchange any personal, mixed or real property at pu lic auction or by private contact, for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relating to the Corporation property, as it considers advisable, whether or not such leases or contracts ma extend beyond the duration of the Corporation. (iv) To borrow money for such periods, at such rates of interest, and upc such terms as it considers advisable, and as security for such loans to mortgage or pledge real or personal property with or without power of sale; to acquire or hold any real or pei 19 Diamond Bar Community Foundat Revised February 16, 2001 BYLA property, subject to any mortgage or hold any real personal property, subject to any mortgage or pledge on or of property acquired or held by the Corporation. (v) To execute and deliver deeds, assignments, transfers, mortgages, pledges, leases, covenants, contracts, promissory notes, releases, and other instruments, sealed or unsealed, incident to any transaction in which it engages. (vi) To vote, to give proxies, to participate in the reorganization, merger o consolidation of any concern or in the reorganization, merger or consolidation of any concern or in the sale , lease, disposition, or distribution of its asset; to join with other security hold ers in acting through a committee, depository, voting trustees, or otherwise and in this connection to delegate authority to such committee, depository, trustees and to deposit securities with them or transfer securities to them; to pay assessments levied on securities or to exercise subscription rights in respect of securities. (vii) To hold property without indication of fiduciary capacity but only int e name of a registered nominee, provided the property is at all times identified as such on th books of the Corporation; to keep any and all of the corporate property or funds in any place or places in the United States of America. SECTION 10.03. ACCOUNTING The Investment Trustee shall render an accounting of the investment transaction concerning the Corporation to the Board of Directors at least annually. No person or entity other than the Board of Directors may require an accounting or bring any action against the Investment Trustee with respect to the Corporation or its assets. The Investment Trustee mav at any time initiate legal action or proceedings for the settlement of its accounts and, except as otherwise required by law, the only necessary party defendant to such action or proceeding shall be the Board of Directors. SECTION 10.04. POWERS OF BOARD OF DIRECTORS (a) In General. The Board of Directors, without prejudice to the discretion powers granted to the Investment Trustee in this Article X, shall have the duty and right to supervise the investments and activities of the Investment Trustee. (b) Specific Powers. The Board of Directors have the following powers wi regard to the funds controlled by the Investment Trustee and with respect to the activities an performance of the Investment Trustee: (i) To modify any restriction or condition on the.distribution of fur for any specified charitable purposes or to specified organizations, if in their sole judgment (without the approval of any trustee, custodian or agent), such restriction or condition beco unnecessary, incapable of fulfillment or inconsistent with the charitable or public benefit of Revised February 16, 2001 20 Diamond Bar community Foundation BYLAWS of the City of Diamond Bar; (ii) To replace any participating trustee, custodian or agent for of fiduciary duty under the laws of the State of California; and . (iii) To replace any participating trustee, custodian or agent for failure to produce a reasonable (as determined by the Board of Directors) return of net income (or appreciation when not inconsistent with the Corporation's need for current income) with due regard to safety of principal, over a reasonable period of time (as determined by the Board of Directors); (iv) In determining whether there is a reasonable return of net income with respect to the exercise of the power described in subparagraph (iii) above, (1) there shall be excluded from such determination such as are held for the active conduct of the Corporation's exempt activities, and (2) such determination shall be made separately with repe to the restricted fund and shall be made in the aggregate with respect to the unrestricted fundss of the Corporation. A "restricted fund" means a fund, of any income of which has been designated by the dono of the gift or bequest to which such income is attributable as being available only for the use or benefit of a named charitable organization or agency or for the use or benefit of a particular class of charitable organizations or agencies, the members of which are readily ascertainable and are less than five (5) in number; (v) If it appears that there may be grounds for exercising the power described in subparagraphs (ii) or (iii) of paragraph (b) of this Article with respect to any furn the Board of Directors shall notify the participating trustee, custodian or agent involved and provide a reasonable opportunity for explanation and/or correction. Before exercising the power granted to the Board of Directors under subparagraphs (ii) or (iii) of paragraph (b) of t Article, the Board of Directors may seek advice of legal counsel as to whether a breach or failure has been committed under the laws of the State of California. The Board of Director shall exercise a power described in this Article only upon the vote of a majority of the members of the Board of Directors; and . NO Upon the exercise of the power under subparagraphs (ii) or (iii) paragraph (b) of this Article to replace any participating trustee, custodian, or agent, the Boai of Directors shall have the power to select a successor trustee, custodian or agent to whose custody the fund or funds held by the former trustee, custodian or agent shall be transferred. Revised February 16, 2001 21 Diamond Bar Community Foundation BYLAWS ARTICLE XI AMENDMENTS SECTION 11.01. AMENDMENT OF BYLAWS A simple majority of the Board may amend the Bylaws at any meeting subjeU to the approval of the City Council of the City of Diamond Bar. However, no such amendME nt or modification shall alter the intention that this Corporation be operated exclusively to implement the adopted Parks Master Plan, or for cultural, recreational and human service purposes and in a manner which shall make this Corporation tax exempt and the donation to it deductible from taxable income to the extent allowed by the provisions of the Code and other applicable legislation and regulations as they now exist or as they may be amended in the future. Every amendment or modification of these Bylaws shall be in writing, shall be signed by a majority of the Board of Directors then serving and shall be delivered to each of the members of the Board then in office and to the Investment Trustee then in office. The term "majority," as used in this Section, is as defined in the California Nonprofit Corporation Law. SECTION 11.02. MAINTENANCE OF RECORDS The Secretary of the Corporation shall see that a true and correct copy of all amendments of the Bylaws, duly certified by the Secretary, is attached to the official Bylaws of the Corporation and is maintained with the official records of the Corporation at the principal office of the Corporation. ARTICLE XII PROXIES Each member of the Board of Directors shall have one vote. There shall be proxy voting permitted for the transaction of any of the business of this Corporation. ARTICLE XIII CONSTRUCTION AND DEFINITIONS Unless the context otherwise requires, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law sha govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular includes the plural and thf plural includes the singular and the term "person" includes both a legal entity and a natural person. 22 Diamond Bar Community Fou Revised February 16, 2001 B ARTICLE XIV MISCELLANEOUS SECTION 14.01. EXECUTION OF CHECKS AND DRAFTS All checks, drafts or other orders for payment of money, notes or other evi of indebtedness, issued in the name of or payable to the Corporation, shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by resolution of the Board of directors. SECTION 14.02. EXECUTION OF CONTRACTS The Board of directors, except as otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Corporation, and such authority may be gel or confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the Corporation by an contract or engagement or to pledge its credit to render it liable for any purpose or to any amount. SECTION 14.03. REPRESENTATION OF SHARES OF OTHER CORPORATIONS The President or any Vice President or the Secretary or Assistant Secretary of Corporation from time to time designated by general resolution of the Board of Directors, ai acting individually and without necessity for specific resolution, are authorized to vote, represent and exercise on behalf of the Corporation all rights incident to any and all shares any other corporation or corporations standing in the name of the Corporation. The authori herein granted to such officers to vote or represent on behalf of the Corporation any and all shares held by the Corporation in any other corporation or corporations may be exercised either by such officers in person or by any person authorized so to do by proxy or power of attorney duly executed by such officers. SECTION 14.04. LIABILITY OF DIRECTORS AND INVESTMENT TRUSTEE No Investment trustee or member of the Board of Directors shall be answerabii for loss in investment made in good faith. No Investment Trustee or Member of the Board of Directors shall be liable for the act of omissions of any other member of the Board, or of any accountant, agent , counsel or custodial selected with reasonable care. Each Investment Trustee or member of the Board shall be fully protected in acting upon any instrument, certificate or paper, believed by him/her to be genuine and to be signed or presented by the Proper person or persons and no Investment Trustee or member of the Board shall be under Revised February 16, 2001 23 Diamond Bar Community Foundation BYLAWS �nces ieral an any duty to make any investigation or inquiry as to any statement contained in any such Writing but may accept the same as conclusive evidence of the truth and accuracy of the staterneFit therein contained. SECTION 14.05. CERTIFICATE OF SECRETARY A Certificate of the Secretary of this Corporation shall be affixed to the origi al, or most recent amended version of the Bylaws, such Certificate to be in the following fori. Revised February 16, 2001 24 Diamond Bar community Foundation BYLAWS CERTIFICATE OF SECRETARY certify that I am the duly elected and acting Secretary of the Diamond Community Foundation, a California Nonprofit Public Benefit Corporation, that the a bylaws, consisting of twenty-four ( 24 ) pages, are the bylaws of this Corporation as adopted by the board of directors on August 3, 1999, and that they have not been amended or modified since that date. Executed on August 3, 1999 at Diamond Bar, California. Secretary 990727 11393-00001 cell 0102701.1 CITY COTJNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Resolution in Support of Proposition 42 RECOMMENDATION: Agenda # Meeting Date: AGENDA City staff recommends that the City Council adopt the attached Resolution supporting (the Transportation Congestion Improvement Act). FINANCIAL IMPACT: Under current state law, a portion of the gas tax is allocated to the newly created Traffic Cc Relief Fund (TCRF) for transportation -related projects. Proposition 42 would mandate that allocated gas tax collected during the existence of the TCRF (from July 1, 2003 through Ju 2008) which exceeds its funding requirements be given to cities and other public agencies California under the following formula: 20% (cities), 20% (counties), 20% (public transit age 40% (State Transportation Improvement Program). After July 1, 2008 (which coincides witl termination of the TCRF program), all gas tax revenues previously used for the TCRF wouh divided up amongst all cities, counties, public transit agencies and the State of California or permanent, annual basis according to the above formula. BACKGROUND/DISCUSSION: During the 2000 legislative session, the Governor signed into law AB 2928. This bill, which as the Traffic Congestion Relief Fund (TCRF), allocates approximately $6.8 billion over six transportation projects and programs across the state and utilizes monies derived from a pc the gas tax to fund the program. While the TCRF will provide many jurisdictions with fundin opportunities that may be used to initiate and complete local transportation projects, the pre not permanent and "sunsets" on June 30, 2008. In order to address this concern over the potential lack of transportation funding in future y Proposition 42 (also known as the Transportation Congestion Improvement Act) seeks to I cities, counties, public transit agencies and the state with a reliable and consistent funding order to continue projects related to the repair and maintenance of numerous roadways, o RT )sition 42 Igestion my e 30, 1 icies) and the be a known irs for :)n of is rce in and bridges throughout California. Commencing with the start of FY 2003, this measure require that any gas tax which is collected that exceeds the funding thresholds for the TC allocated to cities, counties, public transit agencies and the State Transportation Improve according to the following formula: cities (20% of the additional amount collected), counti public transportation agencies (20%) and the State Transportation Improvement Plan (40 the TCRF expires on June 30th, 2008, Proposition 42 mandates that all future gas tax rev were to be dedicated towards the TCRF program be wholly dispersed among cities, coup agencies and the State Transportation Improvement Plan according to the formula noted Additionally, the allocation of gas tax for this purpose would be a consistent and permane revenue for all cities and other public agencies in California. PREPARED BY: Todd Strojny, Senior Administrative Assistant Attachments: Resolution in support of Proposition 42 would RF be vent Plan �s (20%), %). After ,nues which ies, public source of SAFER 0OADS AND TRAF IC RELIEF get moving again! December 2001 Dear Local Government Official, Please join the League of California Cities in supporting Proposition 42, the Transportation Improvement Act, on the March 5, 2002 statewide ballot. o ngestion As you may already know, Proposition 42 would allocate a portion of the existing state s gasoline to cities and counties to be used for transportation improvements. les tax on Cities and counties combined will receive 40 percent of the Proposition 42 revenues. Twent be earmarked for cities for local street repairs and maintenance. TwentyY per ent of will percent of the rever ue will be earmarked for counties for local road repairs and maintenance. Another 20 percent is provide I to public transit agencies, and the remaining 40 percent goes to the State Transportation Improvemen Pro ra (STIP), which is primarily composed of locally -identified projects. g m Proposition 42 is an important measure for all cities and counties as it would provide a much n eded on- going reliable source of funding for our streets, roads and other local transportation projects. P osi ion 42 is especially important now as many local transportation sales tax measures are set to o ex over the ton next few years, p l hope that you and your council will join the League of California Cities and the Yes on Pro o ition campaign coalition of law enforcement and transportation officials, business, labor unions and taxpayers42 supporting this measure.n Enclosed please find a sample support form and resolution. If you have any questions, please feE I free to contact campaign coalition director Ted Green at (310) 996-2671 (tgreen@a woodwardmcdowell o campaign internal education director Jason Barnett at (650) 3400470 (jbamett@woodwardmcdow li.comor Thank you for your consideration. ) Sincerely, IL Christopher McKenzie Executive Director, League of California Cities TAXPAYERS FOR TRAFFIC RELIEF/YES ON 42 • A COALITION OF TAXPAYERS, CONSTRUCTIUIy, $USfNES5, LABOR, ENGINEERS AND COM 71300 West Olympic Blvd. #840 • Los Angeles, CA 90064 •310/996-2671 • Fax 370/996-2673 111 Anza Blvd. #406 • Burlingame, CA 94010 , COMMUTERS website: www, es ro 42.com • &: Info -0470 • Fax 6501340 1740 Y A P e-mail: info@yesprop42.com RESOLUTION NO. 2002. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO SUPPORT PROPOSITION 42 WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without higher taxes by requiring the gasoline taxes we already pay be used to improve mass transit, highways and local roads; and WHEREAS, Proposition 42 is based on the principle that taxes paid at tt e pump should be used for transportation purposes; and gas WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the iiumber one most congested urban area in the country, San Francisco/Oakland s San Diego sixth and Sacramento, San Jose and San Bern a rd in o/Riversi(e acond, following close behind; and WHEREAS, with our neglected transportation system needing attention, has the third worst deteriorated roads in the California nation and more than 6000 cf bridges and overpasses are structurally deficient or no longer meet highway our safety or design standards; and WHEREAS, Proposition 42 will provide a stable and ongoing source of transportation funding that will make it possible to plan for our future trap needs; and portation WHEREAS, Proposition 42 will guarantee funds to every city and county help fix potholes, repair dangerous road conditions and improve the safety of chit ren walking or biking to school; and WHEREAS, Proposition 42 will help speed up highway safety and traffic r lief projects, and expand and improve mass transit systems; and WHEREAS, all Proposition 42 projects will be subject to an annual audit and standard accounting practices to ensure they are delivered on time and og budget; and WHEREAS, by speeding up transportation projects thousands of new con tructi and other jobs will be created, our economy will be stimulated and every d DlIar invested in our highways will result in almost six times that in economic be iefits. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND DOES HEREBY RESOLVE AS FOLLOWS: That the City Council of the City of Diamond Bar joins with the League of California Cities in supporting Proposition 42, the Transportation Congestion Improvement Act. PASSED, ADOPTED AND APPROVED this 8th day of January, 2002. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby c foregoing Resolution was passed, adopted and approved at a regular m City Council of the City of Diamond Bar held on the 8t' day of January, 2 following vote: AYES. COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: CITY CLERK OF THE CITY OF DIAMOND BAR that the g of the , by the 41) 1 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager & _ 1. . TITLE: DEVELOPMENT CODE AMENDMENT NO. 2001-02 PERTAINING TO FRE =WAY ORIENTED SIGNS WITHIN THE C-3 ZONE (continued from December 17 2001). RECOMMENDATION: It is recommended that the City Council receive the Planning Commission report, open the ublic hearing, receive testimony, close the public hearing and approve Development Code Amen Jment No. 2001-02 as presented in the Planning Commission's report dated November 27, 2001. FINANCIAL_ IMPACT: NIA BACKGROUND: On November 20, 2001, the City Council reviewed Development Code Amendment No. 2001-02 and the Planning Commission's recommendation on this matter. At that time, the City Council continued the matter to December 17, 2001 and referred the proposal to the Planning Commission for a "report" regarding a separation standard between the proposed electronic message board sign and residential properties, aesthetic view impact of electronic reader bards, traffic safety and related matters. Pursuant to Council's direction, the Planning Commission reviewed proposed Development Code Amendment No. 2001-02 on November 27, 2001. The Planning Commission recommended approval of the proposed amendment, with modifications, and directed staff to prepare a report for the City Council's consideration. A copy of the report from the Commission is attached. On the December 17, 2001 the City Council continued public hearing for Development Code Amendment 2001-02 and to January 8, 2002. The continuation relates to Col -Am Properties Diamond Bar Honda appeal of the Planning Commission's decision on Conditional Use Perry No. 2001-06 and Comprehensive Sign Program No. 2000-02. This Conditional Use Permit a Comprehensive Sign Program will be directly effected by the City Council decision on Development Code Amendment No. 2001-02. DISCUSSION: Development Code Amendment No. 2001-02 pertains to freeway oriented signs for comm rcial development complexes with a minimum lot size of 4.5 acres immediately adjacent to the f eeway and within the Unlimited Commercial (C-3) zone. The amendment considers: freeway-orle ted signs that featured electronic reader boards with a maximum 65 -foot height and maximum total sign face area of 1,000 square feet; freeway -oriented wall signs with a maximum sign face area of 300 square feet; and monument signs with a maximum height of 12 -foot height and ma!mum sign face area of 55 square feet. As directed by the City Council, the Planning Commission prepared a report which includes the November 27, 2001 Commission minutes and Development Code Amendment No. 2001- 2 which has been modified from the November 20, 2001 City Council Agenda Report. The following discussion consists of the current standards within the City's Development. Code and the Planning Commission's recommended amendments with the modifications. Section 22.36.080. G., Prohibited Signs (page III -137) Current Standard: G. Electronic reader board signs, except timeltemperature devices; Recommended Amendment. G. Electronic reader board signs, except time/temperature devices and excepts provided in Section 22.36.120.0 7; Section 22.36.120.C., Freeway -oriented Signs (page 111-140) Current Standard: On-site and off-site freestanding signs may be permitted by Conditional Use Permit in lieu of freeway oriented wall signs for certain properties when they are visible from and adjacent o a freeway right-of-way in compliance with the following: 1. Signs are only for the purpose of advertising fuel, food, and/or lodging accommodations; 2. Freeway -oriented signs are permitted only on freeway -adjacent sites for use that are located within 200 feet of the freeway right-of-way; 3. It can be demonstrated that wall signage cannot be located on the building it elf and a manner that will be visible to motorists traveling in either direction along th freeway; 2 4. The height of freestanding signs shall not exceed 25 feet above adjacent grade or the freeway travel lanes (excluding on-off ramps); 5. The maximum sign face areas shall not exceed 10 feet in height and 20 feet width. If the site upon which lodging accommodations are located contains businesses engaged in the sale of food and fuel in addition to the place of lo( these uses may also be identified on the freeway sign provided that: 0 a. No more than one freestanding sign shall be permitted per site; b. Changeable copy signage is not allowed; C. The maximum size permitted for the freestanding sign is not exceeded: d. No wall signs are visible from the freeway for uses identified on the freestanding sign; and e. Signs shall be separated by a minimum distance of 1,320 feet. ing, More than one use of each type may be identified on the freeway -oriented sigh. Recommended Amendment: (add to Section 22.36.120.C.) 7. Freeway -oriented signs with an electronic reader board maybe permitted by onditional Use Permit for commercial development complexes located within the C-3 zor a containing one parcel equaling 4.5 acres or more or a group of parcels equaling 4.5 acres, or more located immediately adjacent to the freeway. In addition, electronic reader boards shall meet the following requirements: a. Only one freeway -oriented sign with an electronic reader board shall be permitted for businesses which are located on the same parcel, or whi h are otherwise located in a single commercial development complex, b. Freeway -oriented signs with an electronic reader board shall be require to identify more than one business within a commercial development complex; C. Freeway -oriented signs with an electronic reader board shall not exceed a height of 65 feet and a total sign face area of 1,000 square feet which s all include the electronic reader board area that shall not exceed 33 percet of the total sign face area; d. Businesses utilizing a freeway -oriented sign with an electronic reader be may be located on a parcel different from that which the sign is located. However, such businesses shall be located within the commercial development complex that the sign is identifying; 3 e. The property upon which an electronic reader board sign is located shc, minimum 1,300 feet from any residential property, and f. Freeway -oriented signs with an electronic reader board shall be integn design of structures on site in order to achieve a unified architectural s 8. Wall signs may be permitted by Conditional Use Permit for commercial development complexes defined as within the C-3 zone containing one parce equaling 4.5 acres or more or a group of parcels equaling 4.5 acres or more I immediately adjacent to the freeway. In addition, the wall sign shall meet the following requirements: a. Wall signs shall not exceed 300 square feet in total sign face area for commercial development complexes with 300 linear feet or more of pr frontage adjacent to the freeway, and b. Except as provided within this section, wall signs shall be required to 1 specified sign standards within Chapter 22.36. CONCLUSION: The Planning Commission's recommendation regarding the proposed Development Code Amendment is modified from the Development Code Amendment presented to the Cound November 20, 2001. The Planning Commission reviewed the proposal on November 27, " and, as outlined within the Commission's report, suggests several modifications to the Coc Amendment. The modifications are as follows: does not permit a 12 -foot high monument ; with a 72 square foot sign face area; requires that a commercial development complex be 4.5 acres and immediately adjacent to the freeway; requires a 1,300 -foot separation betw( commercial development complex with an electronic reader board and residential properti+ requires that the area of an electronic reader board's message center not exceed 33 perci the total sign face area. Although the Planning Commission modified the Development Code Amendment, in staff. opinion, the above Development Code Amendment should include the requested 12 -foot i monument sign. In the opinion of staff, approval of the Development Code Amendment w in minimizing sales tax leakage out of Diamond Bar and encourage the retention, rehabilit refurbishment, and/or expansion of revenue -generating uses. Electronic reader board sig where applicable, will serve to further the City's economic development goals and allow fc competitive opportunities and capture our fair share of sales tax revenue. CITY COUNCIL OPTIONS: be a with the on 301 least is ; and t of assist Pursuant to Development Code Section 22.70.040, the City Council has several options t at may be considered regarding action on the proposed Code Amendment. The City Council ma approve the proposed Development Code Amendment as recommended by the Planning 4 Commission, approve a modified form of the Code Amendment, or deny the proposed Cod Amendment. In addition, the City Council may choose to continue the matter for further st Mayor Pro Tem O'Connor has suggested that a citizen survey be conducted in order to prc additional information for the City Council to consider regarding the proposed electronic mE board sign. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 1 the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-03 has been prepared. The Negative Declaration's review period September 17, 2001 and ended October 6, 2001. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Vall ,v Bulletin and the San Gabriel vane Tribune on October 30, 2001. Pursuant to Planning and Zoning Law Government Code SE 65091 (a)(3). The City placed a one -eight page display advertisement in the above mentis newspapers of general circulation, f=urthermore, public notices were posted in nine public (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hill: Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diai Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevar Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park October 29, 2001. PREPARED BY: Ann J. Lungu, Associate Planner Attachments: James DeSte*o, Deputy City M Planning Commission Report which includes: a. Planning Commission Resolution No. 2001-37; and b. November 27, 2001 Planning Commission Minutes. 2. Draft Ordinance No. XX (2002) 3. City Council Agenda Report dated November 20, 2001. Town on ORDINANCE NO. XX (2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT THE DIAMOND DBARMENDMENT NO. MUNICIPAL CODE 1-02 AND AMENDING A. RECITALS. 1 On July 25, 1995, the City of Diamond Bar adopted its General Plan. he General Plan establishes goals, objectives and strategies to implemen the community's vision for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a DevelopmE nt Code. Title 22 of the Diamond Bar Municipal Code contains the Deve opment Code now currently applicable to the development applications within he City of Diamond Bar. 3. Administering the Development Code for three years demonstrated that certain clarifications and modifications are needed based on the City's experiellce. The City of Diamond Bar has determined that the following existing standards within the Development Code require clarification and/or modification: Article III Section 22.36.080., Prohibited Signs; and Section 22.36.120.C., Freeway -oriented Signs 4. The Planning Commission of the City of Diamond Bar on Octobei 9, 2001 conducted a duly noticed public hearing with regard to the Development Code Amendment. T1 andlarecommended denial ofning commission said amedmlentic ht the City rings on October 9, 200 Council. 5. Notification of the City Council public hearing for consideration of Deli elopment Code Amendment No. 2001-02 was provided in the San Gabriel VallEy Tribune and Inland Valle Dail Bulletin newspapers on October 30, 2001. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above entioned newspapers of general circulation. Furthermore, public notices werE posted in nine public places (City Hall/South Coast Air Quality Manageme it District, Diamond Bar Library, Country Hills Town Center Community Board, onslSav- On Community Board, Ralph's shopping center - Diamond Bar BoulevEird, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritaa Park) on October 29, 2001. 6. On November 20, 2001, the City Council of the City of Diamond Bar co ducted a duly noticed public hearing with regard to the Development Code AME ndment No. 2001-02. At that time, the City Council referred the matter to the Planning Commission for a report regarding a separation standard between a con imercial development complex that has an electronic reader board and re Idential properties, aesthetic view impact of electronic reader boards, traffic sa et;and a definition of the term "freeway adjacent". 7. On November 27, 2001 pursuant to the City Council's direction, the Planning Commission reviewed Development Code Amendment No. 2001-02. The Planning Commission recommended approval of the amendmetit, with modifications, and directed staff to prepare and forward a report to City Council for consideration. 8. On the December 17, 2001, pursuant to staffs recommendation, the City Council continued the public hearing for Development Code Amendment 20 1-02 to January 8, 2001. 9. On January 8, 2001, the City Council reviewed the Planning Commissi n Report for Development Code Amendment 2001-02 and concluded thpublic hearing. 10. Following due consideration of public testimony, staff analysis and the Planning Commission's recommendation, the City Council finds that th Development Code Amendment set forth herein is consistent with the Plan. 11. The City Council hereby finds that there is no substantial evidence that the Development Code Amendment will have a significant effect on the environment and therefore Negative Declaration No. 2001-03 has been prepared, pursuant to the requirements of the California Environments Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 12. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth below, there is no evidence before this City Council that the Development Code amendments proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the Califorilia Code of Regulations. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: K . Section 22.36.080., Prohibited Signs, of Article III, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: Electronic reader board signs, except time/temperature devices and except as Provided in Section 22.36.120.0 7; 2. Paragraph C. contained in Section 22.36. 120., Freeway -oriented Signs, of Article III, Title 22 of the Diamond Bar Municipal Code is hereby amend to read as follows: C. On-site and Off-site freestanding signs may be permitted by Cond Use Permit in lieu of freeway oriented wall signs for certain prope when they are visible from and adjacent to a freeway right-of-way compliance with the following: 1. Signs are only for the purpose of advertising fuel, food, lodging accommodations; 2. Freeway -oriented signs are permitted only on freeway -adjacent sites for uses that are located within 200 feet of the freeway right- of-way; 3. It can be demonstrated that wall signage cannot be located n the building itself and a manner that will be visible to motorists tr veling in either direction along the freeway; 4. The height of freestanding signs shall not exceed 25 feet abJn_Off ve adjacent street grade or the freeway travel lanes (excluding ramps); 5. The maximum sign face areas shall not exceed 10 feet in height and 20 feet in width. If the site upon which lodging accommodations are located contains businesses engaged ir the sale of food and fuel in addition to the place of lodging, these use: may also be identified on the freeway sign provided that: a. No more than one freestanding sign shall be permitted site; b. Changeable copy signage is not allowed; C. The maximum size permitted for the freestanding sign is not exceeded; d. No wall signs are visible from the freeway for uses ident filed on the freestanding sign; and e. Signs shall be separated by a minimum distance of 1,32 feet. 6. More than one use of each type may be identified on the free ay - oriented signs. 7. Freeway -oriented signs with an electronic reader board may be permitted by Conditional Use Permit for commercial development complexes located within the C-3 zone containing one parcel equaling 4.5 acres or more or a group of parcels equaling 4.E acres or more located immediately adjacent to the freeway. In add tion, electronic reader boards shall meet the following requiremen s: a. Only one freeway -oriented sign with an electronic reader board shall be permitted for businesses which are located on the same parcel, or which are otherwise located in a single commercial development complex; b. Freeway -oriented signs with an electronic reader board shall be required to identify more than one business within commercial development complex; C. Freeway -oriented signs with an electronic reader boa d shall not exceed a height of 65 feet and a total sign face area of 1,000 square feet which shall include the electronic reader board area which shall include the electronic reader board area that shall not exceed 33 percent of the total sign face area; d. Businesses utilizing a freeway -oriented sign with an electronic reader board may be located on a parcel d from that which the sign is located. However, such businesses shall be located within the commercial development complex that the sign is identifying; e. The property upon which an electronic reader board ign is located shall be a minimum 1,300 feet from any resiential property; and Freeway -oriented signs with an electronic reader bo rd shall be integrated with the design of structures on site in ord r to achieve a unified architectural statement. 9. Wall signs may be permitted by Conditional Use Permit for commercial development complexes defined as within the C -3 zone containing one parcel equaling 4.5 acres or more or a group of parcels equaling 4.5 acres or more located immediately adjacent to the freeway. In addition, the wall sign shall meet the foil wing requirements: a. Wall signs shall not exceed 300 square feet in total Sign face area for commercial development complexes with 300 linear feet or more of property frontage adjacent to the fre way, and 4 i0 Except as provided within this section, wall signs shall be required to meet specified sign standards within Chap e 22.36. PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF JAN BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. M3 MAYOR I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby certify that the fore Ordinance was introduced at a regular meeting of the City Council of the City of Diam held on the day of , 2002 and was finally passed at a regular of the City Council of the City of Diamond Bar held on the day of 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar 61 2002, d Bar eeting PLANNING COMMISSION RESOLUTION NO. 2001-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY DIAMOND BAR PROVIDING A REPORT TO THE CITY COUI PURSUANT TO DEVELOPMENT CODE SECTION 22.70.040 , GOVERNMENT CODE SECTION 65857 REGARDING DEVELOPMENT Ca AMENDMENT NO. 2001-02. A. RECITALS. )F .IL JD )E The City of Diamond Bar has initiated an application for Developmentl Code Amendment No. 2001-02. Hereinafter in this Resolution, the s bject Development Code Amendment shall be referred to as the "Application " 2. Development Code Amendment No. 2001-02 considers modifications of the following Sections within the Development Code: Article 111 Section 22.36.080 - Prohibited. Signs (Page III -137) Section 22.36.120.0 - Freeway -oriented Signs (Page III -140) 3. On October 9, 2001, the Planning Commission conducted a duly roticed public hearing on the Application. The public hearing was concluded on October 9, 2001. The Commission adopted Resolution No. 2001-35 recommending City Council denial of the Application. 4. On November 20, 2001, the Council conducted a duly noticed public hearing on Development Code Amendment No. 2001-02. The City Council suggested that the Planning Commission consider, in more detail, the separation standard for electronic reader board signs between a commercial development complex and nearest residential property, design standar s and aesthetic view impact of an electronic reader board sign. Furthermo e, the. Council suggested that the Commission explore available data rekc ted to traffic accidents caused by electronic reader board signs. Pursu ant to Government Code Section 65857 and Development Code ection 22.70.0.40, the City Council referred the Application back to the Com ission for review and preparation of a report. 5. On November 27, 2001, the Planning Commission reviewed and dis ussed Development Code Amendment No. 2001-02 as directed by the City Council (i.e., the separation between a commercial development complex and nearest residential property, design standards, aesthetic view impact and available data related to traffic accidents caused by electronic reader board signs). The Commission concluded their discussion, and directed tall to prepare this Resolution as its report to the City Council. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the forth in the Recitals, Part A, of this Resolution are true and correct. set 2. -The Planning Commission has found certain modifications appro riate, should the City Council support the application. Said modifications are as referenced and are incorporated within Exhibit "A" attached hereto. 3. Based on the findings and conclusions set forth above, the P Commission hereby recommends that the City Council consider the P Commission Report and recommendation on Development Amendment No. 2001-02 as amended by the Planning Comn attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a- certified copy of this Resolution to Council forthwith. APPROVED AND ADOPTED THIS 27TH OF NOVEMBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. --- Bob Zirbes, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the forec Resolution was duly introduced, passed, and adopted by the Planning Commission � City of Diamond Bar, at a regular meeting of the Planning Commission held on the 27th of November 2401, by the following vote: AYES: Zirbes, Ruzicka, Kuo NOES: Nelson, Tye ABSENT: None ABSTAIN: None ATTEST: reest fano, Secretary 2 nning nning Code City the day EXHIBIT "A" PLANNING COMMISSION REPORT REGARDING DEVELOPMENT CODE AMENDMENT NO. 2001-02 November 27, 2001 The Planning Commission reviewed Development Code Amendment No. 2001-02 as ret rred by the City Council. The Commission provides the following report and recommendations. The commission recommends modifications to Section 22..36.120.C., Subsections 7, 8, and 9 as provided herein Section 22.36.080 --Prohibited Signs of Article ll, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: G. Electronic reader board signs, except time/temperature devices and excep� as provided in Section 22.36.120.C. 7, 8, and 9; Section 22.36.120.C. -Freeway -oriented Signs of Article 11, Title 22 of the City of Diamon� Bar Municipal Code is hereby amended to read as follows: C. Freeway -oriented Signs. On-site and off-site freestanding signs may be permitted by Conditional Use Permit in lieu of freeway oriented wall signs for certain properties when they are visible from and adjacent to a freeway right-of-way in compli with the following: 1. Signs are only for the purpose of advertising fuel, food, and/or lodg accommodations; 2. Freeway -oriented signs are permitted only on freeway -adjacent site for uses that are located within 200 feet of the freeway right-of-way; 3. It can be demonstrated that wall signage cannot be located on the building itself and a manner that will be visible to motorists traveling in either din along the freeway; 4. The height of freestanding signs shall not exceed 25 feet above street grade or the freeway travel lanes (excluding on-off ramps); 5. The maximum sign face areas shall not exceed 10 feet in height an 20 feet width. If the site upon which lodging accommodations are located contains businesses engaged in the sale of food and fuel in addition to the place of lodging, these uses may also be identified on the freeway sign provided that: a. No more than one freestanding sign shall be permitted per b. Changeable copy signage is not allowed; C. The maximum size permitted for the freestanding sign is not exceeded; and d. No wall signs are visible from the freeway for uses identified the freestanding sign. e. Signs shall be separated by a minimum distance of 1,320 6. More than one use of each type may be identified on the freeway - oriented signs. Notes: The Planning Commission recommended approval of the following modifications to Section 7 - Vote: Ayes: Kuo, Ruzicka, Zirbes; Noes: Nelson, Tye 7. freeway -oriented signs with an electronic reader board may be permitted by Conditional Use Permit for commercial development complexes the C-3 zone containing one parcel equaling 4.5 acres or more or a group of equaling 4.5 acres or more located immediately adjacent to the freeway. In electronic reader boards shall meet the following requirements: a. Only one freeway -oriented signs with an electronic reader shall be permitted for businesses which are located on the same parcel, which are otherwise located in a single commercial development comple in b. Freeway -oriented signs with an electronic reader board shall be required to identify more than one business within a commercial developeni complex; C. Freeway -oriented signs with an electronic reader board shall not exceed a height of 65 feet and a total sign face area of 1,000 square feet Which shall include the electronic reader board area that shall not exceed 33 percent of the total sign face area; d. Businesses utilizing a freeway -oriented sign with an electronic reader board may be located on a parcel different from that which the sign is located. However, such businesses shall be located within the commercial development complex that the sign is identifying; e. "The property upon which an Electronic reader board sign is located shall be a minimum 1,300 feet from any residential property; and f. Freeway -oriented signs with an electronic reader board shall be integrated with the design of structures on site in order to achieve a unifie architectural statement, Notes: The Planning Commission recommended deletion of Section 8. Vote: Kuo,Nelson, Tye, Ruzicka, Zirbes 2 A 9Z k*ate tG the freeway.- in addft4o11-,4he wall sign shall Meet4he not exceed 42 feet in height and 72 equaFe feet - 69afaGe Note: The Planning Commission recommended approval. of Section 9. Vote: Kuo,Nelson, Tye, Ruzicka, Zirbes 9. Wall signs may be permitted by Conditional Use Permit for commer development complexes within the C-3 zone containing one parcel equaling 4.5 c more acres or a group of parcels equaling 4.5 or more acres located immediately adjacent to the freeway. In addition, the monument sign shall meet the following requirements: a. Wall signs shall not exceed 300 square feet in total sign fac area for commercial development complexes with 300 linear feet or more of pr perty frontage adjacent to the freeway, and b. Except as provided within this section, wall signs shall be reuired to meet specified sign standards within Chapter 22.36. Upon motion by Chairman Zirbes and seconded by Vice Chairman Ruzicka, the Pia Commission recommends that the City Council consider the information contained herei the minutes of the Planning Commission meeting of November 27, 2001, a: Commission's Report and recommendations regarding Development Code Amen( No, 2001-02. The motion was approved unanimously to forward this report to th( Council. 3 Zing and the City MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 27, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:06 p.m. in the South Coast Air Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Vice Chairman Ruzicka led in the pledge of allegiance. 1. ROLL CALL: Present: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, Commissioners George Kuo, Steve Nelson, and Steve Tye. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, . Planner, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of November 13, 2001. VC/Ruzicka moved, C/Nelson seconded, to approve the Minutes of the Rei Meeting of November 13, 2001, as presented. Motion carried by the following Call vote: AYES: NOES: ABSTAIN ABSENT: S. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None Kuo, Nelson, VC/Ruzicka, None Tye None 6.1 Development Code Amendment No. 2001-02 to amend Articles Sections 22.36.080 and 22.36.120.0 of the City's Development Code regarding sigi within C-3 zone. (Referral from City Council to Planning Commission pursuar Development Code Section 22.70.040 and Government Code Section 65857) 11ty ate to NOVEMBER 27, 2001 PAGE 2 PLANNING COMMISSIC PROJECT ADDRESS: Commercial Development Complexes of 4.5 acres or in adjacent to the freeway in the C-3 zone, Diamond Bar, CA 91765 APPLICANT: City of Diamond Bar DCM/DeStefano presented staff's report. Staff recommends that the Planning receives a presentation from staff and provide a report to the City Council. Chair/Zirbes proposed discussion of Amendment Item 7, 8 and 9 in that order. Item 7 Discussion: VC/Ruzicka asked if the contemplated signs conform to state law and CalTrans regul DCM/DeStefano stated that in terms of the freeway -oriented signs and in particular, t ose with an electronic reader board, yes. There are CalTrans standards for such signs and they include items such as the minimum length of time the message may be displayed. CalTrans will be a reviewing agency with respect to the specific sign. Chair/Zirbes asked how many other sites in Diamond Bar would qualify for an electronic reader sign. DCM/DeStefano explained that staff is not aware of any other C-3 zone Diamond. Bar location that would be 4 '/2 acres or greater and would be more than 1,000 feet rom residential property. Chair/Zirbes moved, VC/Ruzicka seconded, to accept Item 7 with the following changes: First paragraph: change the parcel size from 3 acres to 4.5 acres; insert located immediately adjacent to the freeway; amend 7 c. add "reader board shall not be more than 33 percent of the total sign face area;" and change 7.e. to indicate a minimum of 1300 feet from any residential property (instead of 1250 feet). C/Tye pointed out that with the amendment changes, current maximum sign area i 200 square feet and proposed is 1,000 square feet. As a result, the proposed amendment changes would allow the opportunity for other businesses to request 1,000 square feet of statid sign board. C/Tye said he has 13 year old information from the Department of Transportation on safety of reader boards. He spoke at .length about the City's General Plan, its vision for Diamond Bar, the original Development Code and subsequent changes and how this proposed Development Code Amendment is structured to accommodate one busiliess. Item K under 22.36.080 under prohibited signs is "outside signs not specifically allowed by NOVEMBER 27, 2001. PAGE 3 PLANNING the provisions of this chapter including billboards and outdoor advertising." Why isn't that changed at the same time? Because that's not what this community wants. It is not what, in November 1998 after great deliberation, was decided as the way Diamond Bar should be developed and the way Diamond Bar should look. Diamond Bar is stuck with what the County passed down. And that is why Diamond Bar became a city — to have decision over matters such as this. Now we cannot blame the County'if this happens. If that business goes, how will Diamond Bar replace that sales tax revenue? DCM/DeStefano explained that car dealerships produce tax revenue from sales rangin from 15 million to 100 million. This particular dealership is in the low 1/3 range and Dia and Bar receives one percent of the sales tax dollars from the business. This dealership consistently is the #1 or #2 sales tax producer of all businesses in the city and it is a concern that they may leave. C/Tye pointed out that if Diamond Bar lost that revenue it would amount to a $5 or $10 increase in his property taxes and if he had to pay that extra amount not to have an elec Tonic billboard in Diamond Bar he would gladly pay it. He's also sure that there are people who would not want to pay the extra property tax because they were not willing to pay $5 or $10 extra per year for a community swimming pool. He asked the Commission to seriously think about what the community will look like if this amendment is approved. Even t ough Diamond Bar Honda is on the City of Industry side of the freeway it is still in Diamond Bar. He hopes the business will remain here for another 20 years and be successful without an electronic billboard. There will be enough commercial businesses/billboards when the City of Industry builds out. He does not believe Diamond Bar Honda needs an elec ronic billboard to be successful. C/Nelson said that when this matter first came before the Planning Commission he It as C/Tye has eloquently stated. During the meeting he learned of increased sales statist cs as a result of electronic reader boards. On Sunday evening he was driving home on the R 60 from LAX with long-time friends and residents of Diamond Bar. He pointed out the stark contrast between the electronic signs along the City of Industry freeway area and the dafaiess of the adjacent freeway in Diamond Bar with its subtle business lighting. This contrast gave him a real sense of appreciation for where he lives. He tried to picture a blinking electronic reader board at Diamond Bar Honda and that vision helped him make his decision. When he asked one of his friends what he thought it would look like and the friend told him it would look like a turd in a punchbowl. He will not be able to support the proposed amendment due to the electronic nature of the proposed reader board. Chair/Zirbes said he has struggled with this matter. Diamond Bar Honda is a unique piece of property and he is concerned about losing the business. He believes Diamond Bar can accomplish what it wants to accomplish even with the electronic reader board. The businesses that Diamond Bar residents like to frequent are not available here and NOVEMBER 27, 2001 PAGE 4 PLAT -ING Diamond Bar does not make the community accessible to attract those types of bush And Diamond Bar makes its own traffic by having to drive out of the community to she materials and services the residents' desire. This is a unique piece of property tha benefit the entire community. He visited Birdseye Drive and Highcrest Drive and he i see Diamond Bar Honda. Currently, it is well lighted and the reader board will not b, more visible than it is at this time. Motion carried 3-2 by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: Nelson, Tye ABSENT: COMMISSIONERS: None Item S Discussion: C/Tye moved, Chair/Zirbes seconded to deny Item 8 amendment. C/Tye reiterated that he has a_problem amending the Development Code to be a statement to allow business to install 12 foot monument signs. Chair/Zirbes said the same types of parcels are being considered for Item S as Item i 1995 he spoke to the PIanning Commission about looking at the types and sizes o monument signs. If. a freeway project that has a 60 foot high freeway sign is b considered, he would look at just that particular property for consideration because the parcel of property that fits this criteria happens to be located on Grand Avenue just tc west of the SR 57. He believes that either a six foot or a 12 foot sign would call his atter to the fact that that particular business is a Honda Dealership. He believes that there need to temper what is being done with these sign programs. The question is, how n more sign face does the community want to see and does the dealership benefit from additional traffic by having a 12 foot monument sign. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Item 9 Discussion: VC/Ruzicka asked if Item 9 meets state law and CalTrans regulations or does it need to those standards? ess. p for can ould any In the Ing the a NOVEMBER 27, 2001 PAGE S PLANNING COMMISSION DCM/DeStefano responded that staff is not aware of any regulatory authority over wall �igns. DCM/DeStefano indicated to C/Tye that properties that might choose to avail themselves of this type of wall sign would be Diamond Bar Honda/Burger King, L.A. Fitness Via Sorella/Brea Canyon Road property. In the future, staff believes the Kmart-Von's-Savori property will convert to a C-3 zone. In the future, the Walnut Valley Trailer parcel could convert to a C-3 zone. C/Tye moved, Chair/Zirbes seconded, to approve Item 9 with the change to line 2 indicating "consisting of 4.5 acres or more, etc." Motion carried by the following Roll Call vote: AYES: CO.MIVIISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None C/Tye asked that the November 19 Los Angeles Times article be forwarded to the city Council. VC/Ruzicka said he admires the eloquence with which Commissioner Tye made his case. However, VC/Ruzicka believes that the Commission has control as to how it takes pl cc, which is important to him. DCM/DeStefano explained the process of formulating and approving the Commissio 's Report to the Council. C/Tye said he wants his feelings to be reflected in the Report to Council. While this w a three-part undertaking, he does not want this to go to the Council 5-0 and have them bell ve that there was a unanimous decision to approve the amendments to the Development Code. DCM/DeStefano explained that this resolution is simply meant to describe the Commissioll,s activities. The three individual actions can be included within the report and the minutes of this meeting will also be included in the Report to Council. Upon motion by Chair/Zirbes, seconded by VC/Ruzicka to approve Resolution No. 2001. that based upon the findings and conclusions set forth, the Planning Commission he recommends that the Council consider the Planning Commission's Report to Council recommendations on Development Code Amendment No. 2001-02. The Report to Cot will include the following: Changes as approved, incorporation of individual item 7, 8 9 votes, minutes from tonight's meeting including discussion on individual items. Mo carried by the following Roll Call vote: d NOVEMBER 27, 2001 PAGE 6 PLANNING COMMISSI AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/; NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2001-06 and Comprehensive Sign Pry No. 2000-01 (pursuant to Code Sections 22.58 and 22.36.060) is a request to signs for the Diamond Bar Honda dealership and recently approved expansion/car wash/lube facility. Proposed signs are as follows: a 65 fo electronic reader board; three monument signs; two canopy signs; and one deal identification si Th C d' tall gn1 a on itional Use Permit will be utilized to review the proposed electronic reader board sign with regard to location, design and potential impacts. The Comprehensive Sign Program provides a process for sign integration with the design of structures on site in order to achieve a unified architectural statement. (Continued from October 9, 200 1) PROJECT ADDRESS: 515-525 S. Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER: Matthew Tachdjian Col -Am Properties, LLC P.Q. Box 4655 Diamond Bar, CA 91765 APPLICANT: George Selzer Electra -Vision Advertising 731 W. I1th Street Claremont, CA 91711 AssocP/Lungu presented staff's report. Staff recommends that the Plana Commission adopt a resolution approving Conditional Use Permit No. 2001 Comprehensive Sign Program No. 2000-01, and Negative Declaration No. 2001 Finding of Fact and conditions as listed within the resolution. AssocP/Lungu indicated to C/Tye that the proposed electronic message center of reader board sign is close to 33 percent in face area of Electra -Vision Advertis (EVA). George Saelzler, applicant, responded to VC/Ruzicka that there is an average of 5 to 30 percent increase in business due to use of reader board signs under conditions similar to the 57/60 interchange issues. Upon installation of reader boards beginni 9 NOVEMBER 27, 2001 PAGE 7 PLANNING about 12 years go, the accident ratio decreased. In fact, CalTrans uses ele Ironic reader boards for highway information signs. The idea that electronic reader oards cause a safety issue is mute. Chair/Zirbes opened the public hearing. There being no one who wished to speak on this item, Chair/Zirbes closed t public hearing. Chair/Zirbes asked if Condition (n), page 7, means that if the dealership does not complete their expansion as conditioned, there will be no installation of signa e to which AssocP/Lungu responded "yes." AssocP/Lungu explained to Chair/Zirbes that the intent of Condition (h), page 7, is that the existing 40 foot high sign and all other signs will be removed prior a installation of the reader board. In this case, the Burger King sign would be removed and replaced because the proposed sign program has changed since this resolution was written. C/Tye suggested that Condition (f), page 7, limit the amount of time the board can be used, such as 6:00 a.m. to 5:00 p.m. George Saelzler said that although he has not discussed use of inflatables in addition to the reader board sign with the owner, he believes the owner would agree to limiting or eliminating their use. He suggested that it might be pruder offer the owner the ability to apply for use of inflatables on a case-by-case basi As a guess, there may be a special weekend event that might incorporate a character. Forty-five days a year would most likely be a maximum number of days per year to consider for such special events. Balloons may be an appropri; form of special advertising whereas, other types of large inflatables should not 1 necessary once a reader board is placed at the site. In his opinion, use of inflatables would be a poor use of money. VC/Ruzicka moved to approve Conditional Use Permit No. 2001-06 and Comprehensive Sign Program No. 2000-01, findings of Fact, and conditions as listed within the resolution with the following amendments: The first monumen sign will be at a 6 foot height; the second sentence of Condition (h) read: "all flags and inflatable devices, etc., except small balloons shall be removed prior ti issuance of any sign permits. Chair/Zirbes suggested that Condition (h) remain as proposed and that Condition (1) be added to react as follows: "Temporary banners, etc., shall to NOVEMBER 27, 2041 PAGE 8 PLANNING COMMISSI a temporary sign permit; shall not be placed on roof areas; and shall be limited to a maximum of 45 days per year. No inflatable advertising devices except srn 11 balloons will be allowed on site." VC/Ruzicka accepted the amendment. Chair/Zirbes seconded the motion. Chair/Zirbes asked that Condition (f) be changed to read: "The 10 percent tin frame shall be evenly distributed between the hours of 7:00 a.m. and 8:00 p.rr each day.' ; that Condition (h) eliminate `Including the freestanding freeway - oriented electronic reader board sign" from the first sentence; change maxima height from 12 feet to 6 feet in Condition (1); Add Condition to read: "Hours operation for the reader board sign shall be 5:00 a.m, to midnight each day." VC/Ruzicka accepted Chair/Zirbes modifications. C/Tye again asked that the hours of operation for the reader board be specified as 7:00 a.m. to 8:00 p.m. C/Nelson said he didn't like the reader board in the first place but it got Since it has been approved he would like for it to work for the owner. George Saelzler indicated to C/Nelson that the standard hours for reader board signs are 5:00 a.m. to midnight each day because they are significant commute traffic hours. 11:00 p.m. would be an acceptable shut off time. VC/Ruzicka and Chair/Zirbes agreed to amend the motion to add Condition 0) indicate that the "Hours of operation for the reader board shall be 5:00 a.m. to 10:00 p.m. each day." . Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: Tye ABSENT: COMMISSIONERS: None 8. RECOGNITION TO OUTGOING COMMISSIONER ZIRBES. Chair/Zirbes said that if the election results hold, he is to be sworn in as a City Council Member on December 4, 2001. He tendered his resignation as Chairman of the Plannin Commission effective the date, he is sworn in as a City Council Member. Serving on th( Planning Commission has been an event and an experience that he has enjoyed immensely. He appreciates the education he has received from staff and his fellow Commissioners. He has learned a great deal from his fellow Commissioners who think NOVEMBER 27, 2001 PAGE 9 PLANNING COMMISSkON with their minds and feel with their hearts which is evident in the decisions made and the language crafted. He is sorry to be leaving the Planning Commission. Thank you for the experience. VC/Ruzicka, on behalf of the Planning Commission and staff, presented a plaque to Chairman Zirbes in appreciation of his service to the Planning Commission and th City of Diamond Bar. 9. PLANNING COMMISSION COMMENTS: None Offered. 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. DCM/DeStefano reported that at its November 20 meeting the City Council approved Development Code Amendment 2001-03, the Planning Commission's Development Code Amendment recommending approval of new property maintenance standards to deal with landscaping in yard areas and to increase the lot coverage permitted on certain single f mily residential properties from 30 percent to 40 percent. In the event that Mr. Zirbes is sworn in as a Council Member on December 4, staff recommends that the Planning Commi sion schedule a reorganization of the Planning Commission for its December 11, 2001, me ting. 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman adjourned the meeting at 9:34 p.m. Attest: Chairman Bob Zirbes Respectfully Su JarMs DeStefano Deputy City Man CITY COUNCIL X954 � TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage a)_ Agenda # '7 Meeting Date: AGENDA TITLE: DEVELOPMENT CODE AMENDMENT NO. 2001-02 Pertaining to Freeway Oriented Signs within the C-3 Zone. RECOMMENDATION: It is recommended that the City Council receive the staff report, the public hearing, receive testimony and refer Development Code Amendment No. 2001-C to the Planning Commission, FINANCIAL IMPACT: N/A BACKGROUND: Pursuant to Development Code Sections 22.36.120.C. and 22.36,080, the City Of Diamond requesting approval of Development Code Amendment No. 2001-02. This Development Cc amendment relates to freeway -oriented signs for commercial development complexes with minimum lot size 4.5 acres adjacent to the freeway within the Unlimited Commercial (C-3) Z The original proposal to amend the Development Code was presented to the City by Diamor Bar Honda. In order to remain competitive, the dealership believes that the type of signage proposed is necessary and is known to increase business from 15 to 30 percent. After staff reviewed the request, Development Code Amendment No. 2001-02 was prepared. The proposed amendments would cause the following: • Allow freeway -oriented signs that feature electronic reader boards with a maximur foot height and a maximum total sign face area of 1,000 square feet; • Allow freeway -oriented wall signs with a maximum sign face area of 300 square ft and • Allow monument signs with a maximum 12 foot height with a maximum sign face of 55 square feet As a result of the proposed amendments, the following Article and Sections of City's Development Code would be amended: 20, 2001 ORT back 65 is Article III • Section 22.36.080 -Prohibited Signs • Section 22.36.120.C -Freeway -oriented Signs DISCUSSION: Development Code Section 22.44.020 identifies the City official or body responsible for re iewii and making decisions on each type of application, land use permit and other entitlements. Pursuant to the referenced section, the Planning Commission is the advisory body to the C ity Council, the decision -maker for Development Code amendments. The City Council has se eral choices as decision -makers. The Council may approve the Planning Commission's recommendation, approve the proposed amendments, approve the proposed amendment ith modifications, or refer the amendments back to the Planning Commission for a report and recommendation. On October 9, 2001, the Planning Commission, at a public hearing, recommended denial a the Proposed amendments to the City Council by Resolution No. 2001-33 based on informatio presented at the hearing. The Planning Commission's denial was related to general oppos tion of electronic reader boards in the City of Diamond Bar, visibility from the air and ridgeline/resi ential properties even though electronic reader board lighting would reflect downward. The Commission was also concerned about signs along the freeway corridor and their relations ip to residential properties. The following analysis will delineate each section with the current standards and the staff recommended amendment. Section 22.36.080. G., Prohibited Signs (page 111-137) Current Standard: G. Electronic reader board signs, except time/temperature devices; Recommended Amendment: G. Electronic reader board signs, except time/temperature devices and except as Section 22.36.120. C 7; 2 in Section 22.36.120.C., Freeway -oriented Signs (page 111-140) Current Standard: On-site and off-site freestanding signs may be permitted by Conditional Use Permit in lieu o freeway oriented wall signs for certain properties when they are visible from and adjacent tc a freeway right-of-way in compliance with the following: 1. Signs are only for the purpose of advertising fuel, food, and/or lodging accommodations; 2. Freeway -oriented signs are permitted only on freeway -adjacent sites for uses that are located within 200 feet of the freeway right-of-way; 3. It can be demonstrated that wall signage cannot be located on the building itself and a manner that will be visible to motorists traveling in either direction along the freeway; 4. The height of freestanding signs shall not exceed 25 feet above adjacent str et grade or the freeway travel lanes (excluding on-off ramps); 5. The maximum sign face areas shall not exceed 10 feet in height and 20 feet n width. If the site upon which lodging accommodations are located contains businesses engaged in the sale of food and fuel in addition to the place of lodging, these uses may also be identified on the freeway sign provided that: a. No more than one freestanding sign shall be permitted per site; b. Changeable copy signage is not allowed; C. The maximum size permitted for the freestanding sign is not exceeds ; d. No wall signs are visible from the freeway for uses identified on the freestanding sign; and e. Signs shall be separated by a minimum distance of 1,320 feet. 6. More than one use of each type may be identified on the freeway -oriented s gns. Recommended Amendment. (add to Section 22.36.120.C.) d. Businesses utilizing a freeway -oriented sign with an electronic reader board may be located on a parcel different from that which the sign is located. However, such businesses shall be located within the commercial development complex that the sign is identifying, e. Freeway -oriented signs with an electronic reader board shall be integr design of structures on site in order to achieve a unified architectural 7. Freeway -oriented signs with an electronic reader board may be permitted by Conditional Use Permit for commercial development complexes located with C-3 Zone containing one parcel or a group of parcels equaling 4.5 acres or n located adjacent to the freeway. In addition, electronic reader boards shall n following requirements ted with the 3tement: and the the a. Only one freeway -oriented sign with an electronic reader board shall w1 permitted for businesses which are located on the same parcel, or wh'ch are otherwise located in a single commercial development complex; b. Freeway -oriented signs with an electronic reader board shall be requi d to identify more than one business within a commercial development co Tplex C. Freeway -oriented signs with an electronic reader board shall not exce d a height of 65 feet and a total sign face area of 1,000 square feet which shalt include the electronic reader board area; 8. Monument signs may be permitted by Conditional Use Permit for commercia development complexes within the C-3 zone containing one parcel or a group of parcels equaling 4.5 acres or more located adjacent to the freeway. In addition, the monument sign shall meet the following requirements: a. Monument sign may be more than six feet in height but shall not height and 72 square feet in sign face area and b. Except as provided within this section, monument signs shall be specified sign standards within Chapter 22.36. g, Wali signs may be permitted by Conditional Use Permit for commercial development complexes defined as within the C-3 zone containing one group of parcels equaling 4.5 acres or more located adjacent to the fres addition, the wall sign shall meet the following requirements: a. Wali signs shall not exceed 300 square feet in total sign face area A commercial development complexes with 300 linear feet or more of frontage adjacent to the freeway, and b. Except as provided within this section, wall signs shall be required specified sign standards within Chapter 22.36. An 12 feet in to meet ora in meet General Plan Objective 1.3 identifies designating adequate land for retail and service coma professional services and other revenue generating uses in sufficient quantity to meet the needs. Strategies implementing this objective discuss the necessity to minimize sales tax leakage out of Diamond Bar and encourage revenue -generating uses in locations that sen City's needs. These strategies encourage the retention, rehabilitation, refurbishment, and/ expansion of existing business establishments as well as encourage the development of businesses that take advantage of locations visible from the freeway where appropriate. iercial, Ry's the The proposed Development Code Amendment would apply to commercial development complexes consisting of one or more parcels, 4.5 acres or more, within the C-3 zone and located adjacent to a freeway. The proposed amendment, if approved, could affect three sites in the C-3 zone. The sites include the property that contains L.A. Fitness and recently approved Diamond Star Plaza, the corner of Via Sorella/Brea Canyon Road and Diamond Bar Honda/Burger K ng restaurant property. However, the Via SorellaBrea Canyon Road site does not meet the r uirec minimum 4.5 acres as proposed within the amendment. In the future when the City's zoning map is amended other properties could be affect. For instance, the area where Kmart is located (Diamond Bar Boulevard/Gentle Springs Lane/Palomino Drive) has a General Plan land use designation of General Commercial (C) with current zoning varying from CPD to C-2. It is possible that this area could be zoned C-3 and eventually considered a commercial development complex of 4.5 acres or more adjacent to the freeway. It also could affect the area adjacent to the Pomona Freeway and Brea Canyon Road (RV storage facility) currently zoned C-1 -DP-13E. Additionally, there may be other commercial development complexes located adjacent to the freeway that could have the potential for C-3 zoning. Staff recommended approval of Development Code Amendment No. 2001-02 to the Planning Commission. In staff's opinion, the proposed Development Code Amendment is consistent ith the General Plan in that it will assist in minimizing sales tax leakage out of Diamond Bar an encourage the retention, rehabilitation, refurbishment, and/or expansion of revenue -generating uses. Electronic reader board signs will serve to further the City's economic development g als. The type of signage proposed by the amendment is an important element in allowing compe itivE opportunities and to capture our fair share of sales tax revenue. Furthermore, well-designed visible signs are indispensable elements in meeting this goal and a fully leased commercial development complex will help to expand the number of services and products to the citizen of the City while also broadening the local tax base. Advertising would be allowed in a manner that is consistent with the advertising permitted along freeway corridors in nearby cities and would provide better freeway identification/visibility. CONCLUSION: The proposed Development Code Amendment effects a limited number of properties in the However, the Planning Commission was concerned about the proximity of electronic reader board signs to residential properties. The Commission briefly discussed a 1,000 foot separa between a property with an electronic reader board and the nearest residential property. In 5 addition, the proposed sign for the Honda dealership has been modified in response to Planing Commission comments. Pursuant to Development Code Section 22.70.040, the City Council has three possible acti ns that could be taken. The Council could approve the proposed Development Code Amendm nt with or without modification (override the Planning Commission), deny the proposed Deve1 pm Code Amendment, or refer the proposed amendment back to the Planning Commission. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15 the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-03 has been prepared. The Negative Declaration's review period bE September 17, 2001 and ended October 6, 2001. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley„Bulletin and the San Gabriel Valle Tribune on October 30, 2001. Pursuant to Planning and Zoning Law Government Code Se 65091 (a)(3). The City placed a one -eight page display advertisement in the above mentior newspapers of general circulation. Furthermore, public notices were posted in nine public F (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diarr Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) October 29, 2001. PREPARED BY: 0 Ann J. Lungu, Associate Planner mes DeSte no, Deputy City Manac Attachments: 1. Planning Commission Resolution No.2001-33 recommending denial to City Council fe Development Code Amendment No. 2001-02; 2. Negative Declaration No. 2001-03; 3. Planning Commission Minutes for October 9, 2001; 4. Electronic Reader Board Sign Matrix; and 5. Architectural elevations of electronic reader board signs in other cities. 9 tion 3d aces "own PLANNING COMMISSION RESOLUTION NO. 2001-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL DENY DEVELOPMENT CODE AMENDMENT NO. 2001-02 AND NEGATIVE DECLARATION NO. 2001-03, A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code AmE No. 2001-02 and Negative Declaration No. 2001-03. Hereinafter in this Resolution, the Development Code Amendment and Negative Declaration shall be referred to "Application." 2. The Community and Development Services Department has determined that the fc existing development standards within the Development Code require modification in c implement the General Plan: Article III Section 22.36.080 - Prohibited Signs (Page 111-137) Section 22.36.120.0 - Freeway -oriented Signs (Page 111-140) 3, On September 17, 2001, notice for this project was published in the Inland Valley Bulletin San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Section 65091 (a)(3), if the number of property owners to whom a public hearing notice we mailed is greater than 1,000, a local agency may provide notice by placing a advertisement of at least one -eight page in at least one newspaper of general circulatior City placed a one -eight page display advertisement in the above mentioned newspar general circulation. Furthermore, on May 2, 2001, public notices were posted in nine places (City HalllSouth Coast Air Quality Management District, Diamond Bar Library, C Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping c Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamor Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park ment the r to id the Code ild be splay The rs of �ubfic untry iter - Bar 4. On October 9, 2001, the Planning Commission of the City of Diamond Bar conductedduly noticed public hearing on the Application. The public hearing was concluded on October 9, 001. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the 4ty of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Part A, of this Resolution are true and correct. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 2001-03 have been prepared by the City of Diamond Bar in compliance with l) the requirements of the California Environmental Quality Act (CEQA) of 1970 and gui elines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Decl ration No. 2001-03 reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having conside ed the record as a whole including the findings set forth below, and changes and alterations whit I have been incorporated into and conditioned upon the proposed project set forth in the appli ation, there is no evidence before this Planning Commission that the project proposed herein wi I have the potential of an adverse effect on wild life resources or the habitat upon which the ildlife depends. Based upon substantial evidence, this Planning Commission hereby reb is the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the Cal ifomia C ode of Regulations. Based on the findings and conclusions set forth above, the Planning Commission Illereby recommends that the City Council deny Development Code Amendment No. 2001-02 aached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution, and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 9TH OF OCTOBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I B` _ �_- Bob Zirbes, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution wa duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meet ng of the Planning Commission held on the 9th day of October 2001, by the following vote: AYES: Tye, Kuo, Nelson, Zirbes NOES: Ruzicka ABSENT: None ABSTAIN: None ATTEST: *0)�:D James Deotefano, Secretary 2 DEVELOPMENT CODE AMENDMENT NO. 2001-02 EXHIBIT "A„ Section 22.36.080 - Prohibited Signs of Article li, Title 22 of the City of Diamond Bar Municipal Coe is hereby amended to read as follows: I G. Electronic reader board signs, except time/temperature devices and except �as provided in Section 22.36.120.0 7, 8, and 9; Section 22.36.120.C -Freeway -oriented Signs of Article II, Title 22 of the City of Diamond Bar Mnicipal Code is hereby amended.to read as follows: C. Freeway -oriented Signs. On-site and off-site freestanding signs may b permitted by Conditional Use Permit in lieu of freeway oriented wall signs for certain propertie when they are visible from and adjacent to a freeway right-of-way in compliance with the followin : i. Signs are only for the purpose of advertising fuel, food, and/or lodging accommodations; 2. Freeway -oriented signs are permitted only on freeway -adjacent sites for uc es that are located within 200 feet of the freeway right-of-way; 3. It can be demonstrated that wall signage cannot be located on the building itself and a manner that will be visible to motorists traveling in either direction along the freeway; 4. The height of freestanding signs shall not exceed 25 feet above adjacent street grade or the freeway travel lanes (excluding on-off ramps); 5. The maximum sign face areas shall not exceed 10 feet in height and 20 feet width. If the site upon which lodging accommodations are located contains businesses engaged in the sale of food and fuel in addition to the place of lodging, these uses may also be identified on the freeway sign provided that: a. No more than one freestanding sign shall be permitted per site; b. Changeable copy signage is not allowed; C. The maximum size permitted for the freestanding sign is not and d. No wall signs are visible from the freeway for uses identified on the freestanding sign. e. Signs shall be separated by a minimum distance of 1,320 feet. 6. More than one use of each type may be identified on the freeway -oriented Ji Freeway -oriented signs with an electronic reader board may be permitted Conditional Use Permit for commercial development complexes within the zone containing one parcel equaling three or more acres or a group of par equaling three or more acres located adjacent to the freeway. In addition, electronic reader boards shall meet the following requirements: a. Only one freeway -oriented signs with an electronic reader oard shall be permitted for businesses which are located on the same arcel, or which are otherwise located in a single commercial development complex; b. Freeway -oriented signs with an electronic reader boards all be required to identify more than one business within a commercial development complex; C. Freeway -oriented signs with an electronic reader board sh II not exceed a height of 65 feet and a total sign face area of 1,000 square feet which shall include the electronic reader board area; d. Businesses utilizing a freeway -oriented sign with an ele ronic reader board may be located on a parcel different from that whic h the sign is located. However, such businesses shall be located within the commercial development complex that the sign is identifying; and e. Freeway -oriented signs with an electronic reader board st all be integrated with the design of structures on site in order to ach ve a unified architectural statement. 8. Monument signs may be permitted by Conditional Use Permit for commer development complexes within the C-3 zone containing one parcel equalii three or more acres or a group of parcels equaling three or more acres lo( adjacent to the freeway. In addition, the wall sign shall meet the following requirements: a. Monument sign may be more than six feet in height but sh�ll not exceed 12 feet in height and 72 square feet in sign face area; and b. Except as provided within this section, monument signs sE�all be required to meet specified sign standards within Chapter 22.36. Wall signs may be permitted by Conditional Use Permit for commercial development complexes within the C-3 zone containing one parcel equ three or more acres or a group of parcels equaling three or more acres adjacent to the freeway. In addition, the monument sign shall meet the requirements: 2 a. Wall signs shall not exceed 300 square feet in total si n face area for commercial development complexes with 300 linear eet or more of property frontage adjacent to the freeway, and b. Except as provided within this section, wall signs sall be required to meet specified sign standards within Chapter 22.36. 3 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMWSSION OCTOBER 9, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:07 p.m. in the South Coast Air Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Vice Chairman Ruzicka led in the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, Commissioners George Kuo, Steve Nelson and Steve Tye. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Assc Planner, Linda Smith, Development Services Assistant, and Marquez,. Administrative Secretary. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 25, 2001. and VC/Ruzicka moved, C/Tye seconded, to approve the minutes for the regular September 25, 2001, meeting as presented. Motion carried by the followin Roll Call vote: AYES NOES: ABSENT: COMMISSIONERS: COMMISSIONERS COMMISSIONERS 5. OLD BUSINESS: None Kuo, Nelson, Tye, Chair/Zirbes None None OCTOBER 9, 2001 PAGE 2 PLANNING COMMIS IOl 6. NEW BUSINESS: 6.1 Discussion regarding the City's current 30 percent lot coverage requirement. AssocP/Lungu presented staff's report. The Commission engaged in a lengthy discussion. Richard Malooly said that one of his clients engaged a contractor to draw out a 192 square foot addition off of his family room only to find out that it could noI be uilt because of the 30 percent lot coverage restriction. He asked the Commission to come up with a formula that would allow staff to determine the feasibility of additions. For instance, the square footage of the driveway could be eliminated as part o the footprint. 7. 8. Expanding upon Mr. Malooly's statement, Chair/Zirbes suggested that staff a formula that allows for additions not to exceed more than 10 percent of the building structure. C/Tye asked staff to provide a matrix that includes information regarding total sq ar footage of requests for additions. In some cases, elimination of the driveway sqitar footage would provide allowance for structural additions. He believes the formul should be fair and balanced, not punitive, and does not burden staff. CONTINUED PUBLIC HEARINGS: None PUBLIC HEARING: 8.1 Development Code Amendment No. 2001-02, Conditional Use Per nii No. 2001-06 and Comprehensive Sign Program 2000-02 (pursuant to C do Sections 22.36.120.C. and 22.36.080 is a request to permit freeway -oriented si gm that feature an electronic reader board with a maximum 65 foot height a maxim irr total sign face area of 1,000 square feet for freeway oriented development complexes within the C-3 zone. Additionally, the proposed Development Code Amendment will allow freeway -oriented wall signs with a maximum sign face area of 300 square feet and monument signs with a maximum 12 foot height and a maximum sign face area of 55 square feet for the freeway -oriented development complexes withinhe C-3 zone. The Planning Commission is charged with making a recommendatio to the City Council for the proposed request. PROJECT ADDRESS: Commercial development complexes C-3 zone adjacent to the freeway APPLICANT: City of Diamond Bar OCTOBER 9, 2001 PAGE 3 PLANNING AssocP/Lungu presented staff's report. Staff recommends that the Pla ning Commission adopt a resolution recommending City Council approvaR of Development Code Amendment No. 2001-02 and Negative Declaration No. 200 -03. C/Tye spoke against changing the City's Development Code to include reader boards. Chair/Zirbes talked about the possibility of eliminating signs within 1000 fe t of residential property. Chair/Zirbes opened the public hearing. Rod Wilson, Owner, Electric -Media, Inc., explained how other cities have this type of ordinance. Mr. Wilson responded to C/Nelson that the distance of the'reader board placed in Huntington Beach was 1000 feet from residential property. The 1000 foot limitation prevented other reader boards in that city. He could not recall the total numbc r of acres for which the sign was approved. Chair/Zirbes closed the public hearing. Chair/Zirbes suggested approving the ordinance provided that no reader boarc be placed within 1000 feet of a residential property. C/Tye was adamantly opposed to reader boards in the City of Diamond Bar. VC/Ruzicka said he could live with reader boards as long as the City could con rol their look and content. C/Nelson agreed with Chair/Zirbes that a provision to allow no reader boards wit i 1000 feet of residential property. II DCM/DeStefano responded to C/Nelson that the proposed height of the reader b( is related to the speed at which vehicles travel and the ability of the driver to di, the contents of the sign in time to exit the freeway at the location specified on sign. Mr. Wilson said that if the sign height was dropped below 65 feet vehicles travel Grand Avenue would block the bottom tenant panels from motorists' vie, Addressing VC/Ruzicka, Mr. Wilson said he would prefer to drop the sign a few rather than make the tenant panels smaller. OCTOBER 9, 2001 PAGE 4 PLANNING C/Tye said that even if the sign is located 1,000 feet or more from res property, it will be visible to homes and condominiums across the freeway. VC/Ruzicka believed that Mr. Wilson addressed the fact that the light of the board is reflected downward and no light is reflected upward. Therefore, it that the City would have a lot of control over how the sign is designed. C/Tye pointed out that the signs are visible from the air and would be visible the ridgeline even though the light is reflected downward. Following discussion, C/Tye moved, C/Nelson seconded to adopt a resolu recommending City Council denial of Development Code Amendment No. 200: and Negative Declaration No. 2001-03. Motion carried by the following Roll vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Kuo, Nelson, Tye, Chair/Zirbes VC/Ruzicka None C/Nelson said this has been a difficult issue to consider and he asked staff to the proposed Development Code Amendment. 8.2 Conditional Use Permit No. 2001-06 and Comprehensive Sign Program No. 2000-01 (pursuant to Code Sections 22.58 and 22.36.060) is a request to install signs for the Diamond Bax Honda dealership and recently approved dealer expansion car wash lube facility. Proposed signs are as follows: a 65 foot tall electronic reader board; three monument signs; two canopy signs; and one dea identification sign. The Conditional Use Permit will be utilized to revii proposed electronic reader board sign with regard to location, design and pc impacts. The Comprehensive Sign Program provides a process for sign irate; with the design of structures on site in order to achieve a unified archit statement. PROJECT ADDRESS: PROPERTY OWNER: 515-525 S. Grand Avenue Diamond Bar, CA 91765 Matthew Tachdjian Col -Ain Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765 the OCTOBER 9, 2001 PAGE 5 APPLICANT: Rod Wilson Electric -Media, Inc. 4737 W. 156' Street Lawndale, CA 90260 Chair/Zirbes opened the public hearing. Rod Wilson, Owner, Electric -Media, Inc., speaking on behalf of the property ov stressed the importance of a sign program to the expansion of his dealership. reader board is the reason for this application. Not only did Huntington B approve the code amendment, the city paid $500,000 for the sign because understood the value of helping the Huntington Beach businesses to maintair possibly increase their sales. Other cities have wrestled with this issue. Escon for instance, has had a reader board installation for two plus years and as a resul successfully increased the tax revenue for the city. Escondido effectively use sign to advertise their civic and theater events. Matt needs help to sell cars ani sign will help Matt sell cars. Newspaper advertising for dealerships averages $50,000 per month. The sign will cost $400,000 to install, equal to approxirr eight months of newspaper advertising. It is a fact that sales from reader board is more effective than newspaper advertising. A reader board will be visil approximately 250,000 vehicle occupants who pass by this location. Static when first put up has a readership value of about 50 to 70 percent and deci down to 15 percent. A reader board sign stays in the 72 to 82 percent readershil That is why the reader board is necessary for this application. Following instal of a reader board, sales increase 16 to 22 percent. Studies concluded by Cal indicate that there have never been any accident recorded in the history of elec reader boards along the CalTrans system throughout Southern California. Chair/Zirbes moved, C/Tye seconded, to continue the public November 27, 2001. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: None Chair/Zirbes continued the public hearing to November 27, 2001. 9. PLANNING COMMISSION COMMENTS: None Offered. and has the this to area. to OCTOBER 9, 2001 PAGE 6 PLANNING COMMI$SION 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. As agendized. 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman adjourned the meeting at 9:28 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Bob Zirbes CITY OF DIAMOND BAR NEGATIVE DECLARATION NO. 2001-03 for DEVELOPMENT CODE AMENDMENT NO. 2001-02 CONDITIONAL USE PERMIT NO. 2.001-06 AND COMPREHENSIVE SIGN PROGRAM N0. 2000-01 Diamond Bar Honda 515-525 S. Grand Avenue Diamond Bar, County of Los Angeles, CA 91755 Environmental Finding Initial Study (Environmental Information and Environmental Checklist) August 30, 2001 CITY OF DIAMOND BAR NEGATIVE DECLARATION NO. 2001-03 Project Description and Location CITY OF DIAMOND BAR NEGATIVE DECLARATION NO. 2001-03 Initial Study and Findings (Environmental Information and Environmental Checklist) --;.- . .*Am _ — CITY OF DIAMOND BAR ENVIRONMENTAL CHECKLIST FORM FOR INITIAL STUDY Pursuant to Guidelines for California Environmental Quality Act §15063 (f), this form, along ith the Environmental Information Form completed by the applicant, meets the requirements f r an Initial Study. This form is comprised of five parts: .Part 1 Background Part 2 Summary of Environmental Factors Potentially Affected Part 3 Determination Part 4 Evaluation of Environmental Impacts Part 5 Discussion of Environmental Impacts PART 1 - BACKGROUND 1. City Project Number: Development Code Amendment No. 2001-02, Conditional Permit No. 2001-06 and Comprehensive Sign Program 2000-01 2. Project Address/Location: 515-525 S. Grand Avenue, Parcel 1, 2 3, and 4 of Parcel I No. 15625), Diamond Bar, CA 91765 3. Date of Environmental Information Form submittal: Last of the required environme information submitted on August 23 2001. 4. Applicant: Mathew Tachdjian, PO Box 4655, Diamond Bar, CA 91765,(909) 594-6 Property Owner: Col -Am Properties LLC Address: PO Box 4655 City/State/Zip: Diamond Bar, CA 91765 Phone: 909 594-6632 Fax: N/A _.. use 5. Lead Agency: City of Diamond Bar Contact: Ann J. Lungu, Associate Planner Address: 21825 E. Co Ie Drive, City/State/Zip: Diamond Bar, CA 91765 Phone: 909 396-5676 Fax: 904 861-3117 6. General Plan Designation: General Commercial C Max. 1.0 FAR 7 Zoning: Unlimited Commercial -Development Plan- Billboard Exclusion Zone 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The project site is located at 515-525 S. Grand Avenue, Diamond Bar, CA. It lias a General Plan land use designation of General Commercial C and a zonin desi pati n of Unlimited Commercial C-3). The project site consisting of a four karcels Parcel Ma No. 15625, Parcels 1, 2, 3 and 4 totalin to app roximatel 5.82 rosy acres. Two cels are developed with a Honda dealershi Parcel 1 anda Burger Kin restaurant Parc 12). The remainingtwo lots are undeveloped. However, the dealershi expansion an car washllube facility has been a roved for the two undeveloped lots. The same pro ert owner owns all four parcels. The proposed project consists of three a lications - Development Code Amendme t No. 2001-02, Conditional Use Permit No.2001-06 and Comprehensive sign Program 20 0-01. Thea lications' re nest is to install si ns for Diamond Bar Honda dealershipand re entl approved car washllube facility. The proposed signs are as follows: a 65 -foot high electronic reader board; three monument signs; two canopy signs; and one deal rshi identification wall sign. The proposed Development Code Amendment will permit freeway -oriented si ns that feature an electronic reader board with a maximum 6 foot height and a maximum total sin faced area of 1,000 s care feet and monument sign with a maximum 12 foot height and a maximum sin faced area is 55 square feet for f ewa oriented development complexes within the C-3 zone. Additionally, the r osed Development Code Amendment will ermit wall signs with a maximum sign, face ea of 300 square feet for freeway oriented development complexes within the C- 3 zone. The electronic reader board is proposed at a height of sixty- Ive feet with a sin faced area of pproximately 1,000 square feet and identifies Diamond Bar Honda, Union 76, car wash, and Bur er Kin all uses on-site and located on Parcel 4. The monument sign w ich is a corporate sign and identifies only Diamond Bar Honda is 12.5 feet tall with a sigl L faced area of approximE identification wall a1onq with a vrapb 53 square . which in( Ives line is ,t and is located on Parcel 1. The one dea "Diamond Bar Honda" and corporatlog0 feet in sign faced ajtea and Q 10 is located on Parcel 4. The Conditional Use Permit will be utilized to review the proea electronic reader board sin with regard to location, to sin and potential irn acts. I he applicant pr9poses to allow the Ci to utilizing the electronic greater board for 10 erc nt of the time in order to feature communily announcements. The Com rehensive S gn Program provides a review process for sign integration with the design of structures on- ite in order to achieve a unified architectural statement. For this project, the Plann n Commission is charged with making_ a recommendation to the CitV Council for he ro osed request. City Council approval is required due to the Development Agreemc nt. All three applications will be processed simultaneously. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: The proposed 2roject is located on Parcels 1, 2, 3 and 4 of Parcel Map No. 15625 at 5.5- 525 S. Grand Avenue. The project site is bordered by Old Brea Canyon Road on the north and west and City of Industry; and Grand Avenue on the east and the SR 60 (Pomc na Freeway) on the south. As stated in Item No. 8 the land uses adjacent to the project ite is Burger Kin restaurant and Diamond Bar Honda and an a raved development of e dealership expansion and car wash/lube facility not yet under construction. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None. 11. List City of Diamond Bar related applications for this project that must be proces simultaneously: None. 12. List prior projects for this parcel: Conditional Use Permit No. 89528 Conditional Use Permit No.98-7, Developm Review No. 98-12 and Variance No. 99-2. a cori North ti WALNUT Vi b . WOFffK AW r� SU4MX 00 -A C;EF e S7 57 po - So �lze CITY OF 4' INDUSTRY LOBOS RE 67 6D 40 FS rl -)�, f-a- SEE r5 A"ENCREEKLN DIP --U L 11w1. S, G W 3xvEq spft4G LN ti .i th Tw, oz its *A .., Qmxn.qmwl9,.. R. zr; ...... "WA7M SEE r5 A"ENCREEKLN DIP --U L 11w1. S, G W 3xvEq spft4G LN ti .i th I[� G*^4 a+'ir' M.1 Ml9 V7 M Cv?.ms { y Hv-w 3115 c ���rrrrrrrrt r J L=iL 3WdOl3 G I •sear r5 baa bKOwriO an�an4w�ta�.as* M Y A l�i . aaa�vrxa �v E ! HOIMdXZ MU(Md-YCLKOH M GNOVM( y l l g Q i n CIL f l n 66 I cog i r X I F� [TIO k 3 n I Lm ! =y i W 3 1 UM L=1 I Q � F x ... } ! I f SEE SITE PLAN # 7 CANOPY LOGO SCALE:3/8"= 1-0" f i I CANOPY ELEVATION ® CANOPY LOGO AN INTERIOR ILLUMINATED ALUMINUM CONSTRUCTED SIGN WITH A PLASTIC FACE "76" GRAPHIC. BACKGROUND IS ORANGE 3-M VINYL #230-44. BLUE "76" IS 3-M VINYL #220-37. ALL VINYL OVER WHITE PLASTIC FACE WITH SHOE THRU WHITE AROUND "76". BLUE STRIPES ARE PAINTED BY PAINTING CONTRACTOR. SEE SITE PLAN # 7 MAL64 Performance Plus r ance dp 1 , i tv i ® 5'X & MONUMENT SIGN AN INTERIOR ILLUMINATED ALUMINUM CONSTRUCTED MONUMENT SIGN WITH TWO EQUAL PANELS, 76 AND CAR WASH. 2'-4" X 2'-6" AND 1 PRICE PANEL 3'-4" X 5'-0". BACKGROUND IS BLUE VINYL #230-37 OVER WHITE PLASTIC. 76 CIRCLE IS ORANGE 3-M VINYL #220-44 OVER WHITE PLASTIC. SHOW THRU WHITE GRAPHICS ON ALL 3 PANELS, SEE SITE P1.,gN #2 1 0 HONDA MONUMENT SIGN AN ALUMINUM CONSTRUCTED SIGN WITH THE ICON AND HONDA LETTERS SECTION VACUUM FORMED PLASTIC BACKGROUND IS BLUE PMS 2850 THE WITH THE ICON AND LETTERS WHITE. THE REVEAL AND BASE ARE ALUMINUM PAINTED WHITE. ILLUMINATION 15 FLOURESrENT i AMPS 800 MA HIGH ot—:,T d SEE SITE PLAN #7. A (D6' X 6' MONUMENT SIGN SCALE: 1/2w=Nr AN INTERIOR ILLUMINATED ALUMINUM CONSTRUCTED MONUMENT SIGN DIVIDED INTO 4 EQUAL PANELS. 76 PANEL 3-M VINYL #220-37 BLUE OVER WHITE PLASTIC. ORANGE IS 3-M VINYL #220-44 OVER WHITE PLASTIC. CAR WASH IS BLUE #230-37 OVER WHITE PLASTIC. BURGER KING IS AS FOLLOWS: 3-M CIRCLEBLUE #VQ8747. YELLOW #VQ597I GRAPHICS RED #VQ5970. WHITE BLOCK OUT VTV 9482 OVER WHITE PLASTIC. z O F V Usy 0 UC) Lf) Go uj N �yIm -0Q Zo a x-�� om=w i. rw- 0 0°0�� oma; —!=O mo U OLLIz� F ¢ ¢3 z z Za- :F N w W �Q3: 2 J � y z W NLLJ LU — LuLtz W �nmiLLJ� —J Lu LLJ [� < Qd2�� m Z O a Z O N S 2 wZ Z UUOQ 0 Z CO m cu =At oz UC<L 2 0 S 0 p7 Z . ♦Z H �Q to x Luv_ 1O `"s z � � Z 0 J UmC) QQ CL w w Z r Q J O zm}= Q t� 0 z m O � O �ov� 0rLU O^� _J 3 J N U on N LUH N z to 2 ,-uC-C<L z S co LL, Q � Q�LU LIJ cc n to Lu ¢¢� ASO IL N Z'O=�V' Q za uj Q>< <I om_ o 0 U 2 1 m: MAMMWa M03NT3LJJ 1 r , R�ER D � f - t V? CAR QUICK WASH LUBE e. �1 1 s © FREEWAY PYLC NOT TO SCALE: FOR SCALE DRAWING SEE BLACK AND WHITE Q FREEWAY PYLON SIGN -"ROOF" CAP: ALUMINUM FABRICATED ROOF SECTION NOWILLUMINATED TOP EDGING PAINTED GRAY WITH A BLACK ACCENT & WHITE BACKGROUND, TEX-COTE FINISH. - "DIAMOND BAR": ALUMINUM FABRICATED CABINET WITH A PLEYULEXAN FACE WITH VINYL GRAPHICS. GRAPHICS ARE BLUE VINYL WHITE TRIM, INTERIOR ILLUMINATION IS HIGH OUTPUT FLOURESCENT LAMPS. CABINET IS WHITE WITH TEX-COTE FINISH. -"HONDA": SAME AS ABOVE WITH CORPORATE BLUE GRAPHICS. -"MESSAGE CENTER DISPLAY": STATIC MESSAGE CENTER DISPLAY CONFORMING TO STATE OF CALIFORNIA & DEPT. OF TRANSPORTATION REQUIREMENTS, SECTION #5405 (d-1) UNDER AUTHORIZED DISPLAYS FOR FREEWAY/INTERSTATES: CHANGEABLE MESSAGE CENTER DISPLAY SHALL EXPOSE A STATIC MESSAGE FOR NOT LESS THAN 4 SECONDS, NOR SHALL THE INTERVAL BETWEEN EACH MESSAGE BE LESS THAN ONE SECOND WITH NO FLASHING, NO ANIMATION & NO CONTINUOUS MOTION. LAMP ILLUMINATION NOT TO EXCEED AN OUTPUT LEVEL OF 15 WATTS PER INDIVIDUAL LAMP. -"BRAND PANEL CABINET": FABRICATED ALUMINUM CABINET WITH FOUR BRAND PANELS, USING FLEXIBLE FACES WITH VINYL COPY AND INTERIOR ILLUMINATION HIGH OUTPUT FLOURESCENT LAMPS. -"BRAND PANEL COPY": UNION 76 LOGO, ORANGE CIRCLE IS 3-M VINYL #220-44, BLUE 76 IS 3-M VINYL #220-37. BURGER KING LOGO, BLUE 3-M VINYL VQ8747, RED 3-M VINYL VQ5970, YELLOW 3-M VINYL Vg5971. WHITE 3-M VINYL VTV9482 BLOCK OUT. CAR WASH LETTERS, BLACK 3-M VINYL #230-22. -POLE COVER: POLE COVER AND SURROUNDING .125 ALUMINUM WITH WHITE TEX-COTE FINISH. PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFEC ll The environmental factors checked below would be potentially affected by this project, involv ng at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on e following pages. 1. Land Use and Planning 9. Hazards _ 2. Population and Housing 10. Noise 3. Geologic Problems _ 11. Public Services 4, Water 12. Utilities & Service Systems — 5. Air Quality _ 13. Aesthetics 6. TIansportation/ Circulation _ 14. Cultural Resources — 7. Biological Resources _ 15. Recreation _ S. Energy & Mineral 16. Mandatory Findings Resources of Significance PART 3 - DETERMINATION Project Number: To be completed by Lead Agency On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, will not be a significant effect in this case because the MITIGATION MEASURES describe i on an attached sheet have been added to the project. A NEGATIVE DECLARATION wil be prepared. I find that the proposed project MAY have significant effect on the environment, an an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at Ica sl one effect 1) has been adequately analyzed in an earlier document pursuant to applicable le al standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, bu it must analyze only the effects that remain to be addressed. I find that although the proposed project could have WILL NOT a significant effect on the environment, the be a significant effect in this case because all potentially significant effects (a) ha been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have be, avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures tb are imposed upon the proposed project. Ann J. Lun u Signature Printed Name Date PART 4 - EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer sh uld be explained where it is based on project -specific factors as well as general standards (.g. the project will not expose sensitive receptors to pollutants, based on a project-spe ifc screening analysis.) 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and constructioas well as operational impacts. "Potentially Significant Impact" is appropriate if there is substantial evidence that ane ect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorpora 'on of mitigation measures has reduced an affect from "Potentially Significant Impact" o a "Less than Significant Impact." The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitiga ion measures from Section XVII, "Earlier Analyses," may be cross-referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CE process, an effect has been adequately analyzed in an earlier EIR or negative declarati Section 15063 (c)(3)(D). Earlier analyses are discussed in Section SVII at the end of checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to inform sources for potential impact (e.g. general plans, zoning ordinances). Reference previously prepared or outside document should, where appropriate, include a refer to the page or pages where the statement is substantiated. A source list should be attar and other sources used or individuals contacted should be cited in the discussion. Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated LAND USE AND PLANNING. Would the I project a. Conflict with any applicable land use plan, policy, or regulation of an agency with juris- diction over the project (including, but not limited to the General plan, specific plan, local coastal program, or zoning ordinance) adopt -ed for the purpose of avoiding or mitigating an environmental effect? Source X #s: General Plan, I-11 & 27, (C); City of Diamond Bar Development Code, Title 22, p. II- 4, 7, 15- 2, C-3 Zone, p.III, Section 22.36.120.0 & p.III-136-137, Section 22.36.80; project application. b. Conflict with applicable habitat conservation plan or natural community conservation plan? Source #s: General Plan, p. III -10 et X seq.; Development Code, III -149; project application. c. Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? Source #s: Project site plan; General Plan, I-1 et seq., II- X 1 et seq.; City of Diamond Bar Development Code, Title 22, p. II -7, 21 & 22, C-3 Zone; Ex sting Conditions - a. The project site is located within the General Plan land use designation area of General Commercial (C - Max. 1.0 FAR ) and is zoned C -3 -BE (Regional Commercial -Billboard Exclusion). The land use and zoning designation allows for commercial development with signage. However, ever, the proposed signage exceeds the height and area that would be allowed by the City's De elopment Code_ Therefore, Development Code Amendment is requested as part of the appli ation for commercial development projects, minimum five acres within the C- 3 zone and wit i freeway frontage. This would affect only three commercial sites within the City. The project site is located at the northwest boundary of the City and is completely isolated from other commercial development. Additionally, the project site is located approximately 20 feet below Grand Avenue. Furthermore, the dealership and fast food restaurant does not have good visability from freeway traveling vehicles. The message reader board would assist in the visibility issue, allow the City and the dealer hip to be competitive with other citiesand their dealerships, thereby retaining sales tax dollars for the City of Diamond Bar. The applicant has agreed to provide the City withl0 percent of the message time to feature community service announcements. As a result and as conditioned, the proposed si ns will not conflict with any applicable land use plan policy, or regulation of an agency with juris ction of the project adopted for the purpose of avoiding or mitigating environmental effect. b. The project site consists of four parcels two of which are developed with a car dealership and a faster restaurant. As a result, any special animal habitat or plant species does not exist on the developed parcels. The remaining two parcels are vacant and denude of vegetation or special habitat and are currently utilize as a storage area for the car dealership. This area does not have a habitat or natural community conservation plan. Therefore, there is no conflict with applicable habitat coservation plan were natural community conservation plan. c. I The project site is located at the northwest City boundary line and adjacent to the City of In usti Pomona (SR60) Freeway. It is a stand-alone commercial development and is not surroundei J by commercial or residential development. As a result, it is not anticipated that the propos d p: will disrupt or defy the fiscal arrangement of an established community (including a low i 1coi minority community). Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant unless Significant No Impact Impact Mitigation Impact Incorporated 2 POPULATION AND HOUSING. Would the project: a Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Source #s: 1990 Census of Population; Housing, MEA, P. II-1-19; b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Source #s: 1990 Census of Population and Housing; MEA, p. H-I-19; General Plan EIR, P. 38; General Plan Land Use Map, p. I-27; project site plan/application; c. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Sources #s: Source #s: 1990 Census of Population and Housing; MEA, p. II-I-19; X General Plan EIR, p. 38; General Plan Land Use Map, p. I-27; project site plan/application; Existing Conditions - a. The proposed project is a Development Code Amendment for the C- 3 zone and all sign proposals are for the existing commercial development complexes. As a result, it i not anticipated that the proposed project will cause any general or local population projection to be exceeded. Therefore, the proposed project is not expected to displace substantial numbers of people necessitating the construction of replacement housing elsewhere. b. No change in the City's population is expected due to the proposed project of a Develop ent Code Amendment affecting signs within the C- 3 zone. Therefore, it is not expected th the proposed project will induce substantial growth in the area, directly or indir fly. Additionally, the infrastucture needed to serve the existing commercial development co lex is existins. c. The applied for appiications afford existing commercial development complex. Therefore, the proposed project does not displace any existing housing, thereby not necessitating the construction of replacement housing elsewhere. ENVIRONMENTAL ISSUES I GICAL PROBLEMS. Would the esult in or expose people to potential nvolving: lt rupture? Source #s: General Plan, V-2, 3, Fig. IV -1; MEA, p. II -B-7 et ; General Plan EIR, Section III A., 7-10;mic ground shaking? Source #s: A, p. II -B-14, p. II -B-10, Fig. II -B -S c. Seismic -related ground failure, inclluding lidquefaction? Source #s: tL7andslides II-B-14, p. II -B-10, Fig. II -B -S ? Source #s: General Plan, Fig. IV -1; MEA, p. II -B-3, Fig. I -B-15 State of California Seismic Hazard Zones Map dated April Te.Erosion, 998; changes in topoaphy or able soil conditions fromvation, grading, or fill? Source #s: General Plan, p. IV -3, Fig. IV -1; f. Subsidence of the land? Source #s: MEA, p. I1 -B-16; g. Expansive soils? Source #s: MEA, p. II B-16; Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigation Impact X X X X Exist' Conditions a. No portion of the City has been identified as in an Alquist-Priolo Special Studies Zone. Tl closest fault is the Diamond Bar fault, which is described as a "small inactive local fault Historically, there is no record of any earthquake with an epicenter in Diamond Bar or i Sphere of Influence, and no significant movement has ever been recorded for the Di or Bar fault. The Whittier -Elsinore fault` lies approximately four miles from the project si a ar has been active in historic times. Three faults with the greatest potential for activity a; located in excess of 20 miles from the proposed project. Therefore, the likelihood of fau rupture is limited. However,the proposed project relates to the installation of signs wit in a existing commercial development complex. The installation of all the signs wi requirecomphance with the uniform building, building permits and the appy rias b. The proposed project site lies within an area identified as Seismic Zone -4by the Uniform Building Code. The site does not appear to be located within an Earthquake Fault Zone. C . The proposed project is for the installation of signswithin an existing comm rcial development complex. As a result of the installation of signs,to it is not anticipated that d. The proposed project is for the installation of signs within an existing commercial development complex. Therefore, seismic -related ground failure, including lidquefact' n is not anticipated to due to the installation of signs. e. The proposed project is for the installation of signs within an existing commercial development complex. Erosion, changes in topography or unstable soil conditions from excavation, grading, or fillmit processes not expected to occur. f. The proposed project is for the installation of signs within an existing commercial development complex. Subsidence of the landis not expected to occur to the installation o signs. g. Almost all soils in Diamond Bar have the capacity to be expansive. However, the projec site is developed with a commercialcomplex. The installation of signage is not expected to a fect the soil's capacity to be expanse. Therefore, it is not anticipated that expansive soils w uld adversely affect the project site. ENVIRONMENTAL ISSUES 4 IWATEM Would the project result in: a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Source #s: City of Diamond Bar Public Works Division; project application; b. Exposure of people or property to water related hazards such as flooding? Source #s: General Plan, p. IV -4, Fig. IV -2, FEMA Flood Panel No. 0650430980 B, Zone C, 12/2/80; c. Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Source #s: MEA, p. II -C-3, 4, Fig. II -C-1; d. IChanges in the amount of surface water in any water body? Source #s: MEA, p. II -C 3, 4, Fig. II -C-1; project application; C- I Changes in currents, or the course of direction of water movements? Source #s: MEA, p. II -C-3, 4, Fig. II -C-1; City of Diamond Bar Public Works Division; project application; f.Changes in the quantity of ground waters either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Source #s: MEA, p. II -c-3, 4, Fig. II -C-1; project application; Potentially Potentiallyl Significant Significant Unless Impact I Mitigation Less Than Significant No Impact X g. lAltered direction or rate of flow of groundwater? Source #s: City of D Bar Public Works Division; project application; h. JIrnpacts to groundwater quality? Source J(#s: MEA, p. II -P-3-8; project application; i. Substantial reduction in the amount of groundwater otherwise available for publi water supplies? Source #s: MEA, p. II -P- 8; project application; j. Place housing within a 100 -year flood hazard area as mapped on the Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map or place with 100 -year flood hazard area structures, which would impede or redirect flood flows? Source #s: General Plan, p. IV -4, Fig. IV -2, MEA, p. II -G 1 et seq. M 0 X dine Conditions - a. The project siteis currently developed with a commercial complex. The installation assigns i; not expected to change the absorption rate, drainage patterns, or the rate and amount of urfacf runoff. b. The project is not located within a flood hazard area. According to the Fema Flood Map, the project site is located within Flood Zone C, a 100 year minimal flooding area. Considers g this linformationand the fact that the application request is for the installation of signs, it is not expected that the proposed project will expose people or property to water related hazard , such as flooding. c.,d.,e. There is no body of surface water on, or in the vicinity of the project site. Therefo e, n( impacts related to the surface water features, quality or flow will affect the project site.. f. Ilt is not expected that the installation of signs will result in a change of groundwater quality either through direct additions or withdrawals, or through interception of an aquifer by c is 01 excavations, or through substantial loss of ground water recharge ability. as a result, it s not expected that the installation of signs will have a significant impact on the recharge of groundwater because of the reduction in pervious surfaces. g., h. The proposed project will not effect the direction or rate of flow of groundwater de to conditions described above (a through f). i. Ilt is not anticipated that the proposed project will cause a substantial reduction in the aj groundwater for public supplydue to the fact that the project involves the installation of j. The project site is not located within a flood hazard area. ENVIRONMENTAL ISSUES 5 JAIR QUALITY. Would the project: a. I Conflict with or obstruct the implementation of the applicable air quality plan? Source #s: SCAQMD Air Quality Handbook; b. lExpose sensitive receptors to pollutants? Source #s: MEA, p. II -F-8-10, Fig. II -F-3 c. lResult in cumulatively considerable net increase of any criteria pollutant for whicl the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Source #s: SCAQMD Air Quality Handbook; d. Create objectionable odors? Source #s: SCAQMD Air Quality Handbook; Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigation Impact i7COndiO'ons - ity is not to expected to be affected by the installation of signs. The instal]not listed as the project that would affect air quality in the South Coast Air ment District Quality Handbook as calculated on Table 9-1. Therefore, the p project is not expected to conflict with or obstruct the implementation of the applic quality plan. b. • There are no know sensitive receptors within the vicinity of the site. Therefore, any im sensitive receptors is not expected. Tc.As stated in Items a. and b. above, air quality is not expected to be affected due stallation of signs. Therefore, the installation of signs is not expected to re mulatively considerable net increase of any criteria pollutant for which the project re non -attainment under an applicable federal or state ambient air quality standard (inc releasing emissions. which exceed quantitative thresholds for ozone precursors). a. An increase in vehicle trips which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) Source #s: Project application; X b. Substantially increase hazards due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g_ farm equipment)? Source #s: X City's Public Works Division; project application/site plan; c. Inadequate emergency access? Source#s: City's Public Works Division; d. Inadequate parking capacity on-site? Source #s: City of Diamond Bar Development Code, Tittle 22, p. III -91, et seq.; project site plan; e. Exceeding, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads and highways? Source #s: City's Public Works Division; Congestion Management Plan, Ordinance No. 01 (1993); City of Diamond Bar Development Code, IE -157 et. seq.; project application; Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No impact Impact Mitigation Impact Incorporated G TRANSPORTATION/CIl2CULATION. Would the project result in: a. An increase in vehicle trips which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) Source #s: Project application; X b. Substantially increase hazards due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g_ farm equipment)? Source #s: X City's Public Works Division; project application/site plan; c. Inadequate emergency access? Source#s: City's Public Works Division; d. Inadequate parking capacity on-site? Source #s: City of Diamond Bar Development Code, Tittle 22, p. III -91, et seq.; project site plan; e. Exceeding, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads and highways? Source #s: City's Public Works Division; Congestion Management Plan, Ordinance No. 01 (1993); City of Diamond Bar Development Code, IE -157 et. seq.; project application; d The installation of signs is not expected to create objectionable odors affecting a subst ntial number of people. The fact of the matter is that the subject commercial development complex is located adjacent to the freeway which is more than likely to create objectionable odor,,z then the installation of signs at the subject commercial development complex. f. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g. bus turnabouts, bicycle racks)? Source #s: General Plan, p. V-22; Congestion Management Plan, Ordinance No. 01 (1993); City of Diamond Bar Development Code, 111-157 et. seq.; project application; g. Change in rail, water, or air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risk? Source #s: MEA, p. i1 -T-36; project application; Existing Conditions - a. it is not anticipated that the installation of signs will increase the number of vehicle trips to the fact that the installation of the signs will take approximately one week to accomplish It is expected that the signs will increase business to the subject to commercial development complex. The maximum number of vehicle trips that,the subject to commercial develo ment complex would generate was considered prior to the construction of the complex. The efore, an increase in vehicle trips which is a substantial in the relation to the existing traffic Ioads incapacity of the street system is not expected as a result of the installation of signs. b. The on-site and off-site circulation was reviewed with the approval of the development complex and has been found not to results in hazards to safety from design featu s o incompatible uses.the installation of signs will not affect the on-site and off-site circulation o the commercial development complex. c. The installation of signs at the commercial development complex will not change the site' design, configuration, access, and on-site off-site circulation in any way. Originally, p or to the subject project site's development emergency access was reviewed and cons dered adequate. As a result, it is anticipated that the existing emergency access for the proje t site d. The installation signs will not affect to the number of parking spaces on site. Prior o the commercial development complexe's construction parking was reviewed and deemed adequate. Therefore, the installation of signs will not result in insufficient parking. e., t: The installation of signs does not expected to effect the level of service standards at relatec and nearby intersections. When the commercial development complex was originally a prove nearby and related intersections were reviewed and mitigation measures installed. The recently approved dealership expansion and car wash/lube facility also paid traffic mitigation fees to improve nearby and related intersections. Therefore, levels of service have been established. The proposed project is consistent with the General Plan and that the installation of signs encourages the retention and expansion of the existing businesses in the co ercial development complex and encourages revenue generating uses. Additionally the General Plan states that the City should ensure that commercial development is designed with the recise concept for adequate signage. g. No rail, waterborne, or air traffic facilities or operations are in the vicinity of the pn project. Therefore, the installation of signs will not impact these facilities or operations. ENVIRONMENTAL ISSUES 7 1tttuL )WCAL RESOURCES. Would the a. I Substantial adverse effect, either direct], or through habitat modifications, on any species identified as a candidate. sensitive, or special status species in Iocal or regional plan, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? Source #s: MEA,p. II -D-1-8; General Plan, p. III - 11; project site plan/ application; b. Substantial adverse effect on and riparian habitat, federally protected wetlands as defined by Section 404 clean Water Act, or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Services? Source #s: MEA, p. 11-D-1-8; General Plan, p. III -11; City of Diamond Bar Development Code. p. 111-149 et seq.; Project site plan/apphcation; C. A conflict with any local Policies or I= protecting biological resources, such as a tree preservation policy or ordinance? Source #s: MEA, p.1I-D-1-8; General Plan, p. III -I I, City of Diamond Bar Development Code, p, III -149 et. sect.; Potentially Potentially Significant Less Than Significant Unless Significant N Impact Impact I Mitigation Impact Incorporated X X d. JConflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation PIan, or other approved local, regional or state habitat conservation plan? Source #s: General PIan, p. I-15-16, P. III -11; MEA p. II -D -I-8; City of Diamond Bar Development Code, p. IR -149 et. seq.; e. Substantial interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildli€e nursery sites? Source #s: MEA, p. II -D-1-8 & 18; istin Conditions - a.,b. The proposed project will not result in impacts to endangered, threatened, or rare spe their habitats, or riparian habitat, or federally protected wetlands as defined because non on the project site. The project to site is partially developed and will soon be comi developed. Endanger, threatenedor rare species or their habitats, or riparian habit federally protected wetlands did not exist at the project site. c. The City's Development Code protects and preserves oak, walnut, sycamore, arroyo v and naturalized California pepper trees. The project site is partially developed and soo be completely developed and is considered a commercial development complex. As a r the project site does not contain oak, walnut, sycamore, Arroyo Willow and natu California pepper trees. Therefore, the proposed project will not conflict with any Policies or ordinances protecting biological resources. d. The installationof signs will not conflict with the provisions of an adopted I, Conservation Plan, Natural Community Conservation Plan, or other approved local, reg; or state habitat conservation due to the project site's location and of which a plan doe: e. The installation of signs will not interfere with the movement of any native resider migratory fish or wildlife species or with established native resident or migratory wily corridors, or impede the use of native wildlife nursery sites because none exist through existing commercial development complex.. X 0 ENVIRONMENTAL ISSUES S ENERGY AND MINERAL , RESOURCES. Would the project: a. lResult in the loss of availability of locally -important mineral resource recovery site delineated on a local General plan, specific plan or other land use plan? Source #s: General Plan, p. 111-14; project application; b. Result in the loss of availability of a known mineral resource that would be the future value to the region and the residents of the State? Source #s: MEA, p. III -B-17; project application; Potentially Potentially Significant Less Than Significant Unless SignificantNo Impact I Mitigation I Impact I nditions - e City of Diamond Bar does not have a locally -important resource recovery site t atiineated on a local General plan, specific plan or other land use plan. As a resul , the tallation assigns will not result in the loss of said resource. b. The City of Diamond Bar is not within an area identified as possessing mineral resot: regional value. Therefore, it is not anticipated the installation of signs will result in the availability of mineral resources that would be of future value to the region and resid the State. Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant No Impact Impact Mitigation Impact Incorporated 9 HAZARDS. Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous material; or create a significant hazard to the public or the environment through reasonable foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? Source #s: MEA, p. II - M -1; project application, General Plan, P. IV -1 et seq.; project application; b. Impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Source #s: X Multi hazard Function Plan, City of Diamond Bar, 1992; c. Emit hazardous emissions or handle hazardous or actively hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Source #s: Walnut X Valley Unified School District; Pomona Unified School District; City of Diamond Bar House Numbering Map; project application; d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Source #s: MEA, p. H -M-1 et seq.; project application/ site plan; e. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are X intermixed with wildlands? Sources #s: N,1EA, p. II -K-1; General Plan, p. IV -1 et. seq.; Uniform Building Code, 1998; project application/site plan; Existing Conditions - a.,c. The installation of signs is not expected to create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials; or create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment. It is expected that materials utilized during the construction phase will generate les than significant impacts. Additionally, there are no schools located within 1/4 of a mile of the proposed project site. b. The installation of signs is not expected interfere with the City's emergency response plan o evacuation plan. d. No current significant hazard to the public or the environment exist on the site that as not review and addressed with the approval of uses at the commercial development complex. Therefore, people will not be exposed to existing sources of potential health hazards. e. The project site is not located within an area where wildlands exist. Therefore, the installation of signs is not expected to expose people or structures to a significant risk of loss, injury o death involving wildland fires. ENVIRONNIENTAL ISSUES 14 NOISE. Would the project result in: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; or exposure of person to or generation of excessive groundborne vibration or groundborne noise levels? Source #s: General Plan, p. IV -15; MEA, p. II -G -I et seq.; City of Diamond Bar Development Code, P. IIi- 81 et.seq.; project application/site plan; b. A substantial permanent increase or temporary or periodic in ambient noise levels in the project vicinity above Ievels existing without the project. Source #s.- General s:General Plan, P. IV -15; MEA, p. II -G-1 et seq.; City of Diamond Bar Develop- ment Code, p. III -81 et. seq.; project application/site plan; Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigation I Impact fing Conditions - a., b The the installation of signs as proposed is not anticipated to increase existing noise. existing commercial development complex is located adjacent to the freeway. As a res ishighly unlikely that the signs will increase existing noise levels; thereby, exposing pe to excessive noise levels or excessive groundborne vibration or groundbome noise levels Potentially Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant Unless Significant N Impact Impact Mitigation Impact PUBLIC SERVICES. Would the project have an 11 effect upon., or result in a need for new or altered government services, in any of the following areas: a. Fire Protection? Source #s: General Plan, p. IV -1 et seq.; X b. Police Protections? Source #s: General Plan, p. IV -1 et seq.; X c. Schools? Source #s: MEA, p. H-0- 1; X d. Parks? Source #s: General Plan, p. III -2 et seq.; X e. 10thergovernmentalservices? Source #s: General Plan, p. VI -1 et seq.; I I I ITX Existing Conditions - a.,b. The installation signs is not expected to result in substantial adverse physical impacts as ociated with fire protection and/or police protection services from the Los Angeles County Fire an Sherif Departments. c. IThe installation of signs is not expected to result in substantial adverse physical impacts with schools. d. IThe installation of signs is not expected to result in substantial adverse physical impacts with parks e. No other specific governmental services have been identified that may be impacted by the installation of signs. Therefore, the proposed project will have no effect upon, or result in a need for new or altered government services relating to the maintenance of public facilities, including roads. Potentially ENVIRONMENTAL ISSUES Potentially Significant Less Than Significant Unless Significant No Impact Mitigation Impact 12 U'I`HMMS AND SERVICE SYSTEMS. Would the project result'in a need for new systems or supplies, or substantial alterations to the following a. Power or natural gas? Source #s: General Plan, P. 1-18, VI -2; X b. Communication systems? Source #s: General Plan, p. 1-18, VI -2; X c. Local or regional water treatment or distribution facilities? Source #s: General Plan, p. 1-18, v1_ 2, X d. Sewer or septic tanks? Source #s: General Plan, P. 1-I8, VI -2; X e. Storm water drainage? Source #s: General Plan, p. I-18, VI -2; f. Solid waste disposal? Source #s: General X Plan, P. I-18, V1-2; X g. Local or regional water supplies? Source #s: General Plan, p. 1-18, Vi -2; X in Conditions - .-g. The installation of signs within an existing commercial development complex is not exp result in the need for new cted systems or supplies or substantial alterations to the following: e power or natural gas; communication systems; local ectric or regional water treatment or dist facilities; sewer systems; storm drainage systems; and solid "butic waste disposal systems. All said and supplies for the necessary utilities are existing. ysterr ENVIRONMENTAL ISSUES a. Have a substantial adverse affect on a scenic vista or damage scenic resources, including, but not limited to trees, rock out croppings, and historic buildings within a state scenic highway? Source #s: General Plan, p. III -10; project application; b. Substantially degrade the existing visual character or quality of the site and its surroundings? Source #s: General Plan, p. III -10; City of Diamond Bar's Development Code, p. IV -11 et. seq.; City Design Guidelines, p. 1-25; project application; c. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Source #s: City of Diamond Bar's Development Code, p. IV -I 1 et.seq.; City Design Guidelines, p. 1-25; project application; illumination report prepared by EMI dated 2115/01; Potentially Potentially Significant Less Than Significant Unless Significant Impact Mitigation Impact No IFdevelopment ditions - installation of proposed signs is not expected to have a significant effect on scen , scenic resources, or degrade the visual character of the site or its surroundings r crea w source of substantial Iight or glare. The proposed signs are architecturally co patib. the existing commercial buildings at the project site. The project site is physic ly an lly isolated from residential properties and all the adjacent to the freeway is also visual] ted due to grades and traffic speed. Due to isolation of the project site and the act th, is an existing sign on-site that is comparableto the proposed electronic message sig the exception of electronic message board being missing, it is not anticipated hat th tive impacts will be substantial. the proposal lands are consistent with ec norm opment goals of the General plan and will benefit the City by the dealership's inc ease is tax income as well as the IO percent time that the dealeris willing to provided t e Cirmmunity service messages. The installation of such signs allows the City of Diai riorid 1 Bar to be competitive with other cities that have auto dealerships and the same kind o signs Pursuant to the illumination report provided by EMI, the electronic reader board sign is no expected to have a significant negative impact related to glare or light. Potentially ENVIRONMENTAL ISSUES Significant Impact a. I Directly or indirectly destroy a unique Paleontological resource or site or unique geologic features? Source #s: MEA, II -H-1 et. seq.; b.Cause a substantial adverse change in I ,the significance of an archaeological resource pursuant to 15064.5. Source #s: MEA, II -H-1 et seq.; c.Cause a substantial adverse change in the significance of historical resources defined in 15064.5? Source #s: MEA, II -H -let seq.; d. Have the potential to cause a physical change, which would affect unique ethnic cultural values? Source #s: MEA, II -H-1 et seq.; e. Restrict existing religious or sacred uses within the potential impact area? Source #s: MEA, II -H- I et seq.; Potentially Significant Less Than Unless Significant No Mitigation Impact X in Conditions - a. IThere are no palenontological sites identified within the City. The project site cum contains a graded flat pad and commercial development. Therefore, the installation s will not directly or indirectly destroy a unique paleontological resource or site or un geologic feature. b. TheArchaeological Information Center with the University of California at Los Angeles conducted a records search in which five areas have been identified archaeological resou within the Diamond Bar City limits or sphere of influence. However, the project site is located within these five sites. Therefore, the installationof the proposed signs will not c� a substantial adverse change in the significance of archaeological resources. *-e. storical sites have been identified within the vicinity of the project site and one ted to occur with the installation of the proposed signs. According to eological Information Center, there are at present not recorded historical sites ithi. ile radius around the City or its sphere of influence. que ethnic cultural values, religious or sacred uses are located within a quarter mile ject site. Therefore, the installation of proposed signs will not have the pot ntial adverse impacts on said resources. ENVIRONMENTAL ISSUES a. Increase the demand use of existing neighborhood and regional parks or other recreational facilities such that substantial deterioration of the facility would occur or be accelerated? Source #s: General Plan, p. H-1 et seq.; b. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Source #s: General Plan, p. H-1 et seq.; Potentially Potentially Significant Significant . Unless Impact Mitigation Less Than Impact No fing Conditions - a.,h. The installationof the proposed signs are not generally associated with creating effects on parks or other recreation opportunities. . ENVIRONMENTAL ISSUES Potentially Significant Impact Potentially Significant Unless Nfitigation Less Than Significant No Impact a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self sustaining level, threaten to eliminate a plant or X animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? b. Does the project have the potential to achieve short-term, to the disadvantage of X long-term, environmental goals? c. Does the project have impacts that are individually limited, but cumulatively considerable? ("cumulatively considerable" means that the incremental effects of a project are considerable when X viewed in connection with the effects of past projects, the effects of other current projects, and the affects of probable future projects.) d. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? M Istin Conditions - a. Due to the information presented in the application, plans submitted and site surveys, it anticipated that the installation of the proposed signs do not have the potential to degrade I quality of the environment, substantially reduce the habitat of fish or wildlife species, cause fish or wildlife population to drop below self sustaining level, threaten to eliminate a plant E mal community, reduce the number or restrict the range of a rare or endangered pl t mal or eliminate important examples of the. major periods of California history o p] tory. b. Due to the information presented in the application, plans submitted, site surveys and any; within this document, it is anticipated that the installation of the proposed signs do not ha, the potential to achieve short-term, to the disadvantage of long-term, environmental Lyoak . c. IDue to the information presented in the application, plans submitted, site surveys and an within this document, it is anticipated that the installation of a proposed signs do not impacts that are individually limited, but cumulatively considerable. d. Due to the information presented in the application, plans submitted, site surveys and an. within this document, it is anticipated that the installation of the proposed signs do not environmental effects, which will cause substantial adverse effects on human beings, t directly or indirectly. a tn •m ��' (*5 CA � ' ; w .moi G t. 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ELECTRONIC MESSAGE CENT[ : ONE DOUBLE FACE ELECTRO DISPLAY WITH IC 32 LAMPS HICI., 96 LAMPS WIQE, x ��- 60'-0' F-- Bt.�ow 30 WATT INCANDESCENT LAM EMI AND CAL TRANS STATE P $ ABOVE FREEWAY 4' -Cr GAII R Blvd �[o��� TAG k LABEL TO BE MOUNT[ END OF ELECTRONIC RMIT ON GRADE DISPLAY FACING FREEWAY. ILLUMINATED DARK GRAY BAC 'EXIT' LETTERS GROUND. ARE 22' HIGH BLUE LETTERS WHITE WHITE OUTLINE. DARK GRAY STUCCO ROLE COVER FINISH. ILLUMINATED CAL WORTHINGTON PANEL ANO/OR FUTURE BRAND ----------------------- FREEWAY GRADE ----------- cr 05-20-9e Y. 1 DATE CN LOCATION LOGO PANEL c p JI Y 5 !` ELTC TRA -.v E) AUTHORIZED DAKTR^,,,Ir_- OAKTRONICS INN Rou 4c S, 30 57 06 Pte: WORTHINGTON FORD LONG BEACH, CA r/uP0ATED SPEC T"«• 3296-30toC rT�p� ocs e, DESCIdPT�ON TAS D OK Aowr Q4-ZS790EAPP" Br wp" s�C �100-P08133 r f VISUAL INFORMATION SYSTEMS Electronic Signs ! Large Sca a Systems r High -Voltage and Low -Voltage units NISSAN CUSTOM SIGNS /AUTO CENTER LOCATIONS 75' TALL, 35' WIDE, 2084 MATfRiX, 45830 SPOT LAMPS, 35" LETTrzA HEIGHT AUC' 3HE� a. V�� EVA Electra Vision Advertising Lit,#747955 76 °'ri CAR QUICK WASH LUBE fI! CD 1 EVA Electra Vision Advertising Lit,#747955 76 °'ri CAR QUICK WASH LUBE Date- wnvot File:.E CITY COUNCIL Agenda # Meeting Date: Jn 8 2002 AGENDA TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag4�� -6v TITLE: COL -AM PROPERTIES, LLC (DIAMOND BAR HONDA) APPEAL OF THE PLANNING COMMISSION'S DECISION ON CONDITIONAL USE PERMIT 06 and COMPREHENSIVE SiGN PROGRAM NO. 2000-02 RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony and appropriate. FINANCIAL IMPACT: NIA BACKGROUND: On November 27, 2001, the Planning Commission, at a duly noticed public hearing, reviewE approved Conditional Use Permit No. 2001-06 and Comprehensive Sign Program No. 2000 Diamond Bar Honda. The approval complies with the Planning Commission recommended Development Code Amendment No. 2001-02. In addition, the Planning Commission appro% includes specified conditions for the Conditional Use Permit and Comprehensive Sign Progr correspondence dated December 5, 2001, Col -Am Properties, LLC (Diamond Bar Honda) rE an appeal of the Planning Commission's decision. The reason for the appeal is related to th Planning Commission's conditions of approval and recommended Development Code Amen RT .2001 - staff as and for m. In a guested The project site is located at 515-525 S. Grand Avenue (Parcels 1, 2, 3 and 4 of Parcel Map No. 15625 totaling to 4.85 acres). Currently, the project site is partially developed. Parcel 1 is developed with a Honda dealership. Parcel 2 is developed with a Burger King restaurant. Parcels 3 and 4 are undeveloped but have the Planning Commission approval to expand the dealership and construction a car wash/lube facility, which should occur in the near future. The General Plan land use designation for project site is General Commercial (C). P General Plan, this land use designation provides for the establishment of regional, frE and/or community retail and service commercial uses. The zoning designation for the project site is Regional Commercial (C-3). This zoning desigi permits a wide range of uses (i.e. retail trade, services, fueling/service stations, vehicle to the riented, I F. f repair/maintenance, auto sales, car washes, restaurants, etc). Generally, the following zon and uses surround the project site: to the north is the Burger King restaurant, Diamond Bar Hon a dealership, C-3 zone and boundary for City of Industry; to the south is the Pomona (SR 60) reeway; to the east is Grand Avenue and boundary for the City of Industry; and to the west is Old Brea Canyon Road and boundary for City of Industry. The applicant owns Parcel 1 (Diamond Ba Honda), Parcel 2 (Burger King restaurant), Parcels 3 and 4. Parcel 2 is leased to Burger King. Currently, the project site contains a freeway -oriented freestanding sign which was approve (CUP 89-528) in 1990. The sign's height is 40 feet. A portion of the sign's base, 15 feet, is below Grand Avenue. The remaining portion of the sign extends 25 feet above top -of -curb at Grand Ave iue. The sign face area is approximately 460 square feet and fully illuminated. The sign identifies Diamond Bar Honda and Burger King. Also, Burger King has a monument sign located on Parcel 2 and Diamond Bar Honda utilizes wall signs, roof sign and monument sign on Parcel 1. DISCUSSION: The purpose of a Conditional Use Permit is to provide a process for reviewing specific activ ties and uses whose effect on the surrounding area cannot be determined before being proposed for a particular location. The review will consider location, design, configuration and potential im acts to ensure that the proposed use will protect the public health, safety and welfare. In this case the Conditional Use Permit process is utilized for the freeway -oriented freestanding electronic eader board sign and other signs requested by Diamond Bar Honda. The purpose of a Comprehensive Sign Program is to integrate a project's signs with the de ign of structures on site to achieve a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for multi -tenant projects and other users of multiple signs in order to encourage creativity and provide incentive and latitude iri the provisions of multiple signs. A Comprehensive Sign Program is required whenever five or more signs are proposed for existing development and whenever two or more signs are requested bya single tenant in multi -tenant project that is not currently covered by a Comprehensive Sign Program. The i signs requested by Diamond Bar Honda and the project site being a multi -tenant commerc development complex meets the criterion for a Comprehensive Sign Program. On November 27, 2001, Diamond Bar Honda presented the Planning Commission with the sign proposal: • Freestanding Electronic Reader Board Sign In the proposed freeway -oriented freestanding sign with an electronic reader board will in height from the base to the highest point and extends approximately 53.5 feet above at Grand Avenue. A portion of the sign's base, 11.5 feet, is below Grand Avenue. The center's sign face area is approximately 373 square feet. The sign area above the me: center is approximately 233 square feet. The sign face area below the message cent( 2 new or i existing [mber of I following be 65 feet top -of -curb message is approximately 470 square feet. The total sign face area is approximately 1, 074 squar feet. It will be located in approximately the same area (Parcel 4) as the existing freeway -oriented sign. This sign will have text identifying Diamond Bar Honda, Union 76, Burger King, car wash and quick lube. The text will reflect corporate colors as identification for each business. The pole and surrounding cabinet will be aluminum with white Tex -Cote finish. The electronic reader board will feature advertisement for Diamond Bar Honda. Graphi s, as well as text, may be part of the message. The applicant requested that the message center be turned on at 5:00 a.m. each day and turned off at midnight and is offering 10 percent of themessage time to the City, at no charge, for community service announcements. The messages would be related to City events. Text and graphics may be utilized. The 10 percent time frame is proposed to be evenly distributed between 5:00 a.m. and midnight. Off-site advertising/messages will riot be permitted. The proposed process and general guidelines utilized for the publishing messages are s follows: n One person and/or department would be appointed and made responsible for coordinating messages on a weekly basis with all the various City departments; n The one person and/or department would be responsible for prioritizing which mess ges are to be display for the week then fax those messages to the programming staff of Electra Vision Advertising; Messages would be written on an ad express form. The grids on the form approximate or illustrate the number of lines and size of text the can be displayed on the reader boa d; and Messages should be brief so they can be easily read. Messages will be displayed per Caltrans regulations. As a result, each message will appear static for four seconds, fade off for one second, and then the next message will continue in thE same sequence, etc. There will be no continuous motion, animation, or flashing. According to the applicant, the electronic reader board's illumination intensity is measurE d in footcandle. The average light measurement of the sign at 100 yards is four footcandles. The average footcandles from the end of the sign to 50 yards is two footcandles. The applicant stated that this is equivalent to the light level transmitted by a typical streetlight in a residential neighborhood. To control extraneous light, the electronic sign will be manufactured with horizontal directional louvers installed above the lamps and angled to direct light to the freeway. They are constructed of aluminum and painted flat black to control light reflection and glare. The actual lamps are recessed back into the cabinet and no part of the lamp protrudes past the face of the display, thereby controlling the angle of light towards the freeway. An automatic dimming device with multiple settings will be install to dim the light at night and reduce and control halo a id glare. The electronic reader board sign will be installed perpendicular to the freeway so that ea h sign face will be viewed from the freeway. The City of Diamond Bar currently has several freestanding freeway -oriented signs. Thee signs are related to the sale of fuel, food and/or lodging. Several signs advertise only fuel sale and were installed before the City was incorporated. In 1991, the City approved a freeway -o ientea freestanding sign for the Best Western Hotel. This sign is 60 feet tall and has a sign face area of 128 square feet. The City approved another in 1999 that advertises McDonald's/Chevron and the City of Diamond Bar. It is 62.83 feet and has a sign face area of 301.92 square feet. • Monument Signs Three monument signs are proposed. The first monument sign is 12.5 feet in height witi a sign face area of approximately 52.56 square feet. This sign will display the Honda corporate logo with the "Honda" name in text. It is an aluminum sign with letters in foamed plastic. The background will be blue with letters and logo in white. The reveal and base will be painted white. These colors reflect the new image of Honda that will be utilized in the eventual remodel of the dealership. This monument sign will have interior illumination. It will be located on Parcel 1 adjacent to Grand Avenue at the dealership's main driveway. According to the sign manufacturer Plasta-Line for Honda Corporation, the height and sign face area of the approved Honda monument sign varies. The heights range from 30 feet down to six feet. The sign faceareas range from 100 square feet down to approximately 25 square feet. Plasta-Line stated that Honda Corporation prefers that the dealerships utilized the 30 -foot high monument sign and is not in agreement with the dealerships utilizing the smallest monument sign. The Diamond Ba Honda dealership prefers the 12.5 -foot high proposed monument sign. The second monument sign will be located on Parcel 3 at the driveway adjacent to Old Brea Canyon Road. It will be aluminum, 5.5 feet in height and have a sign face area of 30 square feet with interior illumination. This sign will identify fuel pricing, Union 76 and the car wash. Blue vinyl will be utilized for the background over white plastic with the Union 76 circle in orange and text and numerals will in white. The third monument sign referenced in Exhibit "A" was to be located on Parcel 3 adjacent to Grand Avenue. However, it will be deleted from this application. This sign would have identified Burger King, Union 76, the car wash and quick lube facility. The existing Burger King monument sign will remain instead. It is required that all monument signs be located a minimum 10 feet from the ultimate r ght-of-way Address numerals are required to be a minimum of three inches in height, not exceeding four square feet of area and clearly visible from the adjacent street. Additionally, landscape g is required at the base of the supporting structure equal to twice the area of one face oft a sign. Wall Sign The wall sign will be located on the service center building, adjacent to and facing the reeway. The service center building will be constructed on Parcel 4 where the approved dealership expansion will occur. This illuminated sign's text will consist of "Diamond Bar Honda", Honda Corporate logo and a wave line graphic. The total area of this sign is 266.5 square feet with the text at 60.58 square feet, logo at 70 square feet and wave line at 80 square feet. The colors include Honda blue for the text, logo and wave line. 4 • Canopy Signs Two gasoline island canopy signs are propee{ dThe anopiesfor car wash f a ei'rllum nat d with aty. Each canopy swhii ig the Union 76 logo, which is seven square background and the logos are blue and orange, the typical Union 76 corporate colors. Plan nin Commission Action 1 kppllcant's Apj2eal. Staff recommended Planning Commission approval of all sign plans as proposed by Di Honda. The Planning Commission approved the applicant's sign proposal but with son exceptions and specific conditions. ing As a result, the applicant has filed anappeal No. in order to odify the 2001 38 for the reasons1explain plag ed below within Planning Commission Resolution condition: (fl The applicant shall provide the ds at noth a minimum chargeQ T e10 percent t me fr ercent of the mw for community service announcements be evenly distributed between 8:00 a.m. and 7:00 p.m. of each day. AApplicant's Position: The Planning Commission has conditioned the electronic reader board's ap operational hours for the message center as between 5:00 a.m. and 10:001 Diamond Bar Honda does not agree that the 10 percent time frame for com service announcements should be evenly distributed between 8:00 a.m. an of each day. The applicant believes that the community service announcer be evenly distributed between the hours of 5:00 a.m. and 12:00 p.m. (g) The electronic reader board hours of operation shall be from 5:00 a.m. to 1 A licant's Position: Diamond Bar Honda requested approval of an electronic message board s operating hours of 5:00 a.m. to 12 midnight each day. In order to maximize substantial investment in the sign the dealership requests approval of the c proposed hours of sign operation. (i) The existing freestanding freeway-orlented sign and all other signs on site removed prior to the issuance of any sign permits. All flags, inflatable de\ shall be removed prior to the issuance of any sign permits. App licant's Position: According to the applicant, the logistics of this condition would cause the be without signs for a long period of time while the signs are being install mond Bar ned ge time e shall roved m. daily. lunity 7:00 p.m. ents should 00 P.M. In with the iginally I be , etc. ect site to Under the best of conditions it would take approximately 30 days to install the electron c reader board sign. The City is willing to work with the applicant on this issue but re juires assurance that all existing signs will be removed before the installation of th new signs is completed. (n) The monument sign located on Parcel 1 and adjacent to Grand Avenue identifying Diamond Bar Honda shall not exceed a maximum height of six feet. Applicant's Position: The applicant has proposed that this sign which displays Honda's corporate ogo and the "Honda" name in text be permitted at a maximum height of 12.5 feet and a maximum sign face area of approximately 52.56 square feet. In exchange for the electronic message board, the Planning Commission recommended deletion of the section within Development Code Amendment No. 2001-02 that would allow a monument sign at the proposed height and sign face area. (o) Permits for signs approved by this grant shall not be issued prior to final insp ction or Certificate of Occupancy of the dealership expansion and car wash/lube facil ty. Applicant's Position: The purpose of this condition was to encourage the applicant to move forwar with the dealership expansion and construction of.the car wash/lube facility. The appl- w! t does not desire to be restricted by this condition. Staff has expressed the position of Diamond Bar Honda regarding the appeal. The applicant may have additional concerns regarding the Planning Commission Resolution of approval. It is nticip� that Diamond Bar Honda will be present at the public hearing to communicate its concerns and reasons for the appeal. CITY COUNCIL OPTIONS: The City Council must first consider Development Code Amendment 2001-02 to establish the standards upon which the sign proposal will be measured. The City Council has several possible actions that may be considered regarding the appeal of the Planning Commission's CUP and Sign program decision. The Council may deny the applic nt's appeal and, therefore, sustain the Planning Commission's decision, modify the Commission s conditions of approval, deny the project. The Council may also continue the appeal for further study or remand the proposal back to the Planning Commission. However, the Council's final dec Sion on the sign proposal must comply with approved Development Code Amendment No. 2001-02. 0 ENVIRONMENTAL ASSESSMENT; Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 153 he City has determined that the appeal is categorically exempt. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valle Bulletin and the San Gabriel Value on December 28, 2001. Public hearing notices were mailed to approximately four property within a 700 -foot radius of the project site and the public notice was posted in three public F December 26, 2001. Furthermore, the project site was posted with a display board on Deco 2001. PREPARED BY: Ann J. Lungu, Associate Planner Attachments: J es aDeStef I ano, Deputy City Man V 1. Correspondence from Electra -Vision Advertising dated December 5, 2001; 2. Planning Commission Resolution No. 2001-38; and 3. Electronic Reader Board Sign Matrix and Graphics. 7 1 (a), laces on amber 26, Electra -Vision Advertising ' r 7 y December 5, 2001 Ms. Lynda Burgess City Cleric City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765-4178 RE: Conditional Use Permit No. 2001-06 and Comprehensive Sign Program No. 2000-02 Dear Ms- Burgess: Col-Atn Properties, LLC hereby wishes to appeal the Planning Commission's decisions made on November 27, 2001 regarding the above-mentioned cases to the City Council. Please schedule our applicationslcases to be heard at the January 8h, 2001 City Council Meeting if at all possible. Thank you for immediate concern regarding this request. It is very much appreciated. Sinc ely, George E. Saalzler President Cc James DeSlefano Mathew Tachjian 731 West 11th Street, Claremont. CA 91711 Tel 909-626-0705 Fax 909-626-7741 State tic. #747955 1U PLANNING COMMISSION RESOLUTION NO. 2001- 38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 0 DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-0( COMPREHENSIVE SIGN PROGRAM NO. 2000-02 AND NEGATIV DECLARATION NO. 2001-03 IN ORDER TO INSTALL A FREEWA) ORIENTED FREESTANDING ELECTRONIC READER BOARD SIGP THREE MONUMENT SIGNS, .TWO CANOPY SIGNS AND ONI DEALERSHIP IDENTIFICATION WALL SIGN. THE PROJECT SITE 1 LOCATED AT 515-525 S. GRAND AVENUE, (PARCELS 1, 2,3 AND 4 01 PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA. RECITALS. 1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC and agent, George Saelzler of Electra -Vision Advertising have filed an application for Conditional Use Permit No. 2001-06, Negative Declaration No. 2001-03 and Comprehensive Sign Program No. 2000-02. The project site is located at 515-525 S. Grand Avenue, Diamond Bar, Los Angeles County, California. Herein fter in this Resolution, the subject Conditional Use Permit and Comprehensive Sign Program shall be referred to as the "Application". 2. On September 13, 2001, public hearing notices were mailed to approximately four property owners of record within a 700 -foot radius of the project and the public notice was posted in three public places. Furthermore, the project site was posted with the required display board. On September 17, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribu a and Inland _Valley Daily Bulletin newspapers. 3. On October 9, 2001, the Planning Commission of the City of Diamo d Bar conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was continued to November 27, 2001. The public hearing was continued clue to Planning Commission concerns related to signs along the freeway corrido , their relationship to residential properties and consideration of a minimum 1,OC 0 foot separation between a property with an electronic reader board and then arest residential property. 4. On November 27, 2001, the Planning Commission concluded the continued hearing. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts setrth in the Recitals, Part A, of this Resolution are true and correct. lo 2. The Planning Commission hereby finds that pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the Cily has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-03 has been prepared by the City of Diamond 3ar in compliance with the requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 1507. The Negative Declaration's review period began September 17, 2001, and nded October 6, 2001. Furthermore, Negative Declaration No. 2001-03 reflects the independent judgment of the City of Diamond Bar, 3. The Planning Commission hereby specifically finds and determines that, I iaving considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditions upon the proposed project set forth in the application, there is no evidence befo a this Planning Commission that the project proposed herein will have the potentia I of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission ereby rebuts the presumption .of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Co hereby finds as follows: (a) The project relates to a somewhat rectangular -shaped commercial development complex consisting of four parcels (Parcel Map 15625, Parcels 1, 2, 3 and 4) totaling approximately 4.85 acres. Currently, the project site is partially developed. Parcel 1 is developed with a Honda dealership. Parcel 2 is developed with a Burger King restaurant. Pa els 3 and 4 are undeveloped but have the Planning Commission's aAer val to expand the dealership and construction a car wash/lube facility, Nhich should occur in the near future. The project site's topography beginss at an elevation of approximately 699 feet at Grand Avenue and slopes d wn to Old Brea Canyon Road to an elevation of approximately 677 feet. Both parcels contain easements for Los Angeles County flood control and storm drain and Southern California Edison. I% (b) The project site has a General Plan land use designation of G neral Commercial (C). Pursuant to the General Plan, this land use desigriation provides for the establishment of freeway -oriented, and/or commu nit retail and service commercial uses. (c) The project site is within the Regional Commercial (C-3) Zone. This oning designation permits a wide range of uses (i.e., retail trade, se vices, fueling/service stations, vehicle repair/maintenance, auto sale,), car washes, restaurant's, etc.) (d) Generally, the following zones and uses surround the project site: To the north is the Burger King restaurant, Diamond Bar Honda dealershi 3, C-3 Zone and boundary for the City of Industry; to the south is the PC tuna (SR -60) Freeway; to the east is Grand Avenue and boundary for the! Daity of Industry; and to the west is Old Brea Canyon Road and boundary for the City of Industry. The applicant owns Parcel 1 (Diamond Bar Honda), Parcel 2 (Burger King restaurant), and Parcels 3 and 4. Burger King leases Parcel 2. (e) The Application request is to install the following signs: A freestanding freeway -oriented electronic reader board sign 65 feet in height witha sign face area of approximately 1,074 square feet which includes the electronic reader board; three monument signs, one at 12.5 feet in height with a sign face area of approximately 52.56 square feet displaying the onda corporate logo and "Honda" name in text, one at 5.5 feet in,height ith a sign face area of 30 square feet identifying fuel pricing, Union 76, the car wash and lube facility; two canopy signs at seven square feet each displaying the Union 76 corporate logo and another at 6.5 feet in height with a sign face area of 36 square feet identifying Burger King, Union 76 and car wash/lube facility; and one dealership identification wall sign with sign face area of 266.5 square feet. CONDITIONAL_ USE PERMIT (f) The proposed use is allowed within the subject zoning district will'.the approval of a Conditional Use Permit and complies with will other appsable provisions of the Development Code and the Municipal Code; According to the City's Development Code standards pertaining tosigns, the proposed signs are currently not permitted. Permitting the prop osed signs is dependent on City Council approving Development ode Amendment No. 2001-02. If the Council approves Development ode Amendment No. 2001-02, the proposed signs will be permitted (cons stent with the Development Code Amendment) within a commercial development complex containing 4.5 acres or more if located immediately adjacent o the 3 freeway and in the C-3 Zone. As conditioned and amended her, in, the proposed signs will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any ap licable specific plan; The proposed signs are consistent with the General plan in that the signs will minimize sales tax leakage out of Diamond Bar and encourage the retention, rehabilitation, refurbishment, and/or expansion of re venue generating uses at the project site in sufficient quantities to meet the! City's needs. The proposed signage including the electronic reader board will serve to further the City's economic development goals. The type of Signage proposed is an important element in allowing competitive opportunities and to capture our fair share of sales tax revenue. project, if approved, will benefit the City, the Honda dealership, Burg This rKing and any other use of the project site by increased sales. There is no specific plan for the project area. As referenced in Item (f) abo the proposed project is consistent with the General Plan. , (h) The design, location, size and operating characteristics of the proposd use are compatible with the existing and future land uses in the vicinity The architectural style of the proposed signs will be consistent wilh the approved architectural style of the Honda dealership expansion,car washAube facility and the eventual remodel of Diamond Bar Honda. The Proposed signs will also be compatible with the new image of the nda stores as prescribed by the Honda Corporation. The signs proposed are more attractive than what presently exists site. The electronic reader board offers the City a chance not only i identification but also for community service announcements. condition of approval, the applicant will be required to remove all e dealership wall and roof signs, the existing Honda monument sign h adjacent to Grand Avenue and the existing freeway -oriented freest] sign. Furthermore, the applicant will be required to remove all balloons and inflatable devices that have not been approved throe Temporary Sign Permit process. The project site is located at the northwest city limits adjacent to the Industry. It is isolated from other commercial development within the Diamond Bar and City of Industry and is well removed from resit uses. Businesses located on the project site depend on passer ward -of -mouth for customers. The proposed signage will provide freeway and Grand Avenue identification and visibility. Asa result, in to existing and future development are expected to be insignificant. 4 the City s the of of or (i) The subject site is physically suitable for the type and density/intenE ity of the use being proposed including access, provision of utilities, comps ibility with adjoining land uses, and the absence of physical constraints; The project site, an existing commercial development compl x is approximately 4.85 acres and as referenced in Item (h) above, the s bject site is physically suitable to the proposed project. Access has been reviewed and the proposed signs do not interfere with the site's access and access has been deemed adequate. Utilities currently exist. As refer aced above in items (f), (g) and (h), the proposed signs will be compatibhwith adjoining land uses. The project contains Edison and storm drain easements. However, with these physical constraints all signs will be constructed out of all easements. (j) Granting the Conditional Use Permit will not be detrimental to the dblic interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As amended herein and as referenced in Items (g) through (k) and with appropriate permits and inspections, the granting of the Conditional Use Permit will not be detrimental to the public interest, health, safely, convenience, or welfare, or injurious to persons, property, orimprovernents in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Qua. Act (CEQA), Section 15070, the City determined that a Negative Declration was required for this project. The City prepared and adopted Ne lative Declaration No. 2001-03 on October 9, 2001. The Negative Declar tion's review period began September 17, 2001, and ended October 6, 2001. Furthermore, Negative Declaration No. 2001-03 reflects the indep ndent judgment of the City of Diamond Bar. COMPREHENSIVE SIGN PROGRAM (q The Comprehensive Sign Program satisfies the purposeo� this Chapter 22.36 -Sign Standard in the intent of this Section; The purpose of a Comprehensive Sign Program is to integrate the p ' ct's signs with the design of structures on site to achieve a unified archit ctural statement. A Comprehensive Sign Program provides a means for & xibility when applying sign regulations for a multiple tenant project and u ers of multiple signs. The Program encourages creativity and provides in entive and latitude in provisions of multiple signs while achieving a d not 5 circumventing the intent of the Development Code Chapter22.36 dated to sign standards. The proposed signs satisfy the purpose of the City's sign standards and the intent of the Comprehensive Sign Program because all signs, as conditioned, comply with all sign standards including Development Code Amendment No. 2001-02 regarding signs within the C- 3 zone. The proposed signs architecture compatible with the design of all structures on site. The signs reflect corporate colors, which reflect the corporate images, which is reflective of colors chosen for structures on site. Furthermore, the signs proposed are more attractive than what pr 9sently exists on site. As a condition of approval, all existing signage will be removed.. (m) The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the Comprehensive Sign P ogram and to the structure and/or users they identify, and to the surrounding development; As referenced above in Items (h), (i), (j), and (1), the proposea signs enhance the overall development because their architecture compatible with the design of structures on site. The proposed signs are in harmony with and visually related to each other. (n) The Comprehensive Sign Program accommodate future revisions which may be required to changes in uses or tenants; and Through the Comprehensive Sign Program minor future revisions to the Program are allowed with the Directors approval. Major revisions r quire the approval of the Planning Commission. However, sign revisions dtle to a new tenant or use are permitted by the Development Code. (o) The Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, nurnber, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplished purpose of this Chapter. As referenced above in Items (m) and (n), the Comprehensive Sign Program complies with the standards of Chapter22.36 except that fie ibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplished the purpos s of Chapter22.36. 0 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The -project shall substantially conform to site plan, elevations and colors/materials board collectively labeled as Exhibit "A" dated November 27, . 2001, as submitted and approved by the PI nning Commission, as amended herein. (b) The site shall be maintained in a condition, which is free of debri both during and after the construction, addition, or implementation f the entitlement granted herein. The removal of all trash, debris, and i efuse, whether during or subsequent to construction shall be done only y the property owner, applicant or by a duly permitted waste contractor, w o has been authorized by the City to provide collection, transportatio , and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from Me City of Diamond Bar to provide such services. (c) The freestanding freeway -oriented electronic reader board sign shall comply with all Caltrans regulations. Prior to the issuance of any City permits, the applicant shall submit verification of Caltrans' approval in writing to the City. (d) The illumination of the electronic reader board sign shall be subject Jo a 60 day lighting level review by the City after installation. (e) The freestanding freeway -oriented electronic reader board sign sh 11 not exceed a total sign face area of 1,000 square feet. The sign face area shall— include the message center as well as all other areas identify -rig the businesses on site. (f) The applicant shall provide the City with a minimum of 10 percent of the message time for community service announcements at no charge. The 10 percent time frame shall be evenly distributed between 8:00 a.r i. and 7:00 p.m. of each day. (g) The electronic reader board hours of operation shall be from 5:00.m. to 10:00 P.M. (h) Off-site messages/advertising shall not be permitted on any signs wit in the subject commercial development complex. (i) - The existing freestanding freeway -oriented sign and all other signs on site shall be removed prior to the issuance of any sign permits. All flags, inflatable devices, etc., shall be removed prior to the issuance of asign Permits. ►A (j} Temporary banners, small balloons or other temporary advertising evices shall require the approval of a Temporary Use Perr-it not exceeding a total of 45 days per calendar year. (k) Rooftop inflatable advertising devices shall be prohibited. (1) All monument signs shall contain Arabic number address plates ide tifying the projector use by a specific street address. The address plates shall not exceed four square feet of sign face area and numbers shall be a mi imum of three inches in height and shall be clearly visible from the adjacent street. (m) Landscaping shall be provided at the base of the supporting structure of all monument signs equal to twice the area of one face of the sign. All landscaping shall be installed prior to final inspection. (n) The monument sign located on Parcel 1 and adjacent to Grand Avenue identifying Diamond Bar Honda shall not exceed a maximum heigh of six feet. (o) Permits for signs approved by this grant shall not be issued prior tp final inspection or Certificate of Occupancy of the dealership expansion aInd car wash/lube facility: (p) Wall sign attachment shall be engineered to meet wind loads of $ mph with an exposure "C". (q) Applicant shall show the location of disconnect switch, method of the electric sign attachment to sign base and verification of U.L. appro al. (r) Electrical conduit shall not be exposed. (s) Plans shall conform to State and Local Building Codes (i.e., 1998 edition of the Uniform Building Code and the 1996 addition of the National Electrical Code) as well as the State Energy Code. (t) Signs shall not be located within any easements. All monument signs, shall be located a minimum of 10 feet from the ultimate right-of-way. (u) This grant shall not be valid unless Development Code Amendment No. 2001-02 is approved and in full force and effect. (v) This grant shall not be effective for any purpose until the permitte and owner of the property involved (if other than the permittee) have filed, Nithin fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit s ating that they are aware of and agree to accept all the conditions of this Ora nt. Further, this grant shall not be effective until the permittee pays rem fining 8 City processing fees, school fees and fees for the review of reports. (w) If the {department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier' check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exemp from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine, which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mathew Tachdjian, Col -Am Properties, LLC, P.O. Box 4655, Diamo d Bar, CA 91765 and George .Saelzler, Electra -Vision Advertising, 731 W. 11 th St., Claremont, CA 91711. APPROVED AND ADOPTED THIS 27TH OF NOVEMBER 2001, BY THE PLAt�iNING COMMISSION OF THE CITY OF DIAMOND BAR. II BY - Bob Zirbes, Chairman �- 1, James DeStefano, Planning Commission Secretary, do hereby certify that the forE going Resolution was duly introduced, passed, and adopted by the Planning Commission of the Cityof Diamond Bar, at a regular meeting of the Planning Commission held on the 27th c ay of November 2001, by the following vote: AYES: Zirbes, Ruzicka, Kuo, Nelson NOES: Tye ABSENT: None ABSTAIN: None ATTEST: Ja �es ZeStefano, Secretary 9 y crma redo- w y ro Gy Ru C.1 C's M -G U CTd •� W C� y L Qi y m ea O y U A o iS M eC r W a Q7 GJ -A i-+ •O a/ � � �e � , e� > j a' 3 O 03eOd 'tl se F C -G d G •� .cl v ¢moi cd CA O a� Gi] w ai a C}in ti Q wCL ob ccz z d w C) o D° oo C kn tn in Go N InCN Ot x C kn L iw L L�7 1cu C.0 U U] L) U U "d U' y 9- N a o w d Q Q i w •� �� o �� o Q ,� � O V rn O R- V Sx Q I � V cti •� O Q w Y o R V E 0 cl eo r• fi tai SU 1997 +1Fh+i .�... `;gw:CD:siYI �CIM+�i.."�YNWSY ":QMYVA�q �[4!WC/�.wNMFTPi '•"�; 'Neuf X .f� ;�.aoa.�eo� G? 4*.': 5E-15'jjr SIFto „ ws a .E s eo r• fi tai SU 1997 +1Fh+i .�... `;gw:CD:siYI �CIM+�i.."�YNWSY ":QMYVA�q �[4!WC/�.wNMFTPi '•"�; t�mieso 51 su er OC eftc*eaiy�ysrtt�nQc�— ;�.aoa.�eo� G? 4*.': 5E-15'jjr SIFto „ eo r• a. f pava . 1\-tl 4 w4L-, 0 r w•�,i2'a af`f�ar'+'dtIIC7��►t.<�ro�I►at IWIM. 1 iiXrCL�-F 1`ca7Lti� ! "-7�2• 1 Itr� 4 PptC:1H1�tEi2- �f'F+lJ0. "�Sc CL �rjT Mme, r FtI�S'i � 511}ioUE'rrFD #�t3 MrL• C4�G4N ikxa��7Z.1�1- u15JT WON }{ 1� SII* CAPXI,' 4 PIPS FM M -dV PHI'tr L,-Wl, F, W/ `fir Q�W11T �W� ttpV. OrrAt1[�¢iuL+M. wf �%c�i17 f•►C�N. 'I 29'-Ot MAIMA TC z,;P z4 4 4,1 ;AWIS. MifW4 P c,U IWu eL4er.. 6 -MPO DS — IMt calk a- 1- n,ivmckb Pwtr c4,p•-.jtrrr., womb !fim :RR:75 Mt v ar arm• I;e , 4AC.) n. mo n o � H llp Awa 11- 1�q 9 vl 1 1 1 E i l l i i 9,49388 NO = limm 110. m H m vi rt C m v, � � lox W a W aW S�j LEI- % W r �bt(�jy x � • � O , 4 10 _ Y , r n �� r i t3n 1 x 1 z l ' � t 16 L a• � .27-51" --'-- 4' 1 r. 8'-6" 31-6w 12'-6w 12"L 60'-D" 3'-0" ABOVE FREEWAY 4'-0• GRADE f 4'-C' 54'-T t DS -20-9E v. DATE ILLUMINATED DARK CRAY 24" HIGH 'CITY OF LONG LETTERS ARE BLUE WITH KGRO-UNO. AC H" TE OUTLINE. ILLUMINATED DART( GRAY BA KGROUNC. .WORTH NGTON" LETTERS ARE 30' HICH. -FORD' LETTERS AJRE 37.5" HiCH, BLUE LETTERS WITH WHITE OULINE. ELECTRONIC MESSAGE CENTER: ONE DOUBLE FACE ELECTRONIC DISPLAY WITH 32 LAMPS NIG I x 96 LAMPS WADE. 30 WATT INCANDESCENT LAMPS, EM1 AND CAL TRANS STATE PERMIT TAG do LABEL TO BE MOUNTE D ON END OF ELECTRONEC DISPLAY FACING FREEWAY. ILLUMINATED DARK CRAY BAC GROUND. "EXIT' LETTERS ARE 22' HIG , BLUE LETTERS WHITE WHITE UTL[NE. DARK GRAY STUCCO POLE COVER FINISH. ILLUMINATED CAL WORTHIN PANEL ANO/OR FUTURE B SAN flIECO FREfw� \ SIGN LOCA LOGO PANEL AUT€HGR1?ED riAKTR"tifi_' f;`iii 7? !3t •17 -,,:r -G816 r OAKTRONiCS NC EIROOKINGS, Sp 57CO6 Pte+: WORTHINGTON FORD LONG BEACH, CA tirt[. 3296-- 3010C iD oiSPur//[IPWTCO SPCC TAS DES BT !',kA w H. DOK w:[ D4-25-96 ct+"DE DY�HSpN APPk BT�-_._._ mo=t p„ �• s -Zi , 50 / C 3 0- I 0 8 - 81 3 7 0 Ei i Si S All E. EI N T E 1 S I S E L VISUAL INFORMATION SY Electronic Signs l Large Scale High -Voltage and Low -Volt NISSAN CUSTOM SIGNS / AUTO CENTER LOCATIONS y5' TALL, 35, WIOEf 24XBO MATRIX, 45830 SPOT LAMPS, 35' LETTER HEI( TEMS systems !ze units PRCOUC"' ^aN �E' DIAMOND BAR�� o, N nA --- F EVAA Date- „n2jo, Fite: Electra -Vision AdvErtising Li¢.#747955 CAR QUICK WASH - ---------- -.-j LUBE EVAA Date- „n2jo, Fite: Electra -Vision AdvErtising Li¢.#747955 Lna m L u w 0 6 FZ N O d Al CANOPY LOGO i SQ.FT. QTY TWO (2) 39 NEW 42' CANOPY ELEVATION (6) CANOPY LOGO AN INTERIOR ILLUMINATED ALUMINUM CONSTRUCTED SIGN WITH A PLASTIC FACE "76" GRAPHIC. BACKGROUND IS ORANGE 3-M VINYL #230-44. BLUE '76- IS 3-M VINYL #220-37. ALL VINYL OVER WHITE PLASTIC FACE WITH SHOE THRU WHITE AROUND "761. BLUE STRIPES ARE PAINTED BY PAINTING CONTRACTOR. A EVADate, 1/03/02 File: Electra -Vision Advertising Lic.#747955 IF .=3 5'X k MONUMENT SIGN AN INTERIOR ILLUMINATED ALUMINUM CONSTRUCTED MONUMENT SIGN WITH TWO EQUAL PANELS, 76 AND CAR WASH. 2'-4" )(2'-6- AND i PRICE PANEL 3'-4" X 5'-0". BACKGROUND IS BLUE VINYL #230-37 OVER WHITE PLASTIC, 76 CIRCLE IS ORANGE 3-M VINYL #220-44 OVER WHITE PLASTIC. SHOW THRU WHITE GRAPHICS ON ALL 3 PANELS, 19 EVADate''ro6_ro2 File: Electra -Vision AdvErtising Lic.#747955 I --`nY Ax4 )NI? BAB HONDA EVA Electra -Vision Advertising Lic.#747955 Date: irosioz File: A 7•-.-4" L L HONDA MONUMENT SIGN AN ALUMINUM CONSTRUCTED SIGN WITH THE ICON AND HONDA LETTERS SECTION VACUUM FORMED PLASTIC. THE BACKGROUND IS BLUE PMS 2850 WITH THE ICON AND LETTERS WHITE, THE REVEAL AND BASE ARE ALUMINUM PAINTED WRTJE. INTERIOR ILLUMINATION IS FLOURESCENT LAMPS SCO MA HIGH OUTPUT. EVADate' 1/0` 3/Q2 File: Dramond Bar Honda - Electra -Vision Advertising Lic.#747955 E w� C�7 Vk �z v� c� Z N i m m .n op nz A a m� X"^'i m r„ Vy�2 � N a N �O°n O D O' o E A :z -M roa C7�"oy~ N 0 m limo haw m Z 0 s s m -mr C z H "�b�2 �my�0 v � vD 0 � r ro�03 0 z�o Z ,'�y Z vmx z �^ zy M On 2 O C O z December 11, 2001 George E. Saelzler, President Electra -Vision Advertising 731 West 11"', Street: Claremont, CA 91711 Re: Appeal by Col -Am Properties, LLC Planning Commission Denial of Conditional Use 2001-06 and Comprehensive Sign Program No. Planning Commission Resolution No. 97-13 Dear Mr. Saelzler: No. Your appeal regarding the Planning Commission's denial of a condi ional use permit for a proposed electronic reader board sign to be located It the Diamond Bar Honda dealership dated December 5, 2001, has been tentatively set for consideration at the City Council meeting of Janu iry 8, 2002. To confirm this date, a copy of the City Council agenda will be mailed a few days before the meeting. Sincerely, Lynda Burgess, MMC City Clerk cc: James DeStefano, Deputy Manager, Community Devei Ann J. Lungu, Associate Planner you _U TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. -A Vgn4ate reflect my I - TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY, CLERK / DATE: PHONE: I expect to address the Council on the subject agenda item. Please have th name and address as written above, a Council Min Signature reflect my 0 A TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT. - VOLUNTARY REQUEST TO ADDRESS THE C'TY COUNCIL CITY CLERK eA DATE: ( r Z PHONE I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above. i reflect my