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HomeMy WebLinkAbout10/14/1996r— e 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California ti Alike Gbldenberg Joe Ruzicka Fran • - r r Fong Joe McManus Don i•i Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular, business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled paper and encourages you to do the same. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe Ruzicka, Franklin Fong, Joe McManus and Don Schad 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary). There is a five minute maximum time limit when addressing the Planning Commission. 3. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 3.1 Minutes of September 23, 1996 4. OLD BUSINESS: 4.1 Reconsideration of Planning Commission's meeting day 5. NEW BUSINESS: 5.1 Appendix to the Planning Commissioner Policies and Procedures Manual 6. PUBLIC HEARING: None 8. PLANNING COMMISSION ITEMS: 9. INFORMATIONAL ITEMS: 9.1 Presentation of Design Guildeline Examples 9.2 Redevelopment Project Schedule of Actions and Study Area Map 9.3 Information Packet for Colombia, Maryland 10. ADJOURNMENT: October 28, 1996 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 23, 1996 CALL TO ORDER: Chairman Goldenberg called the meeting to order at 7:10 p.m. at the South Coast Air Quality Management Auditorium., 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge.of Allegiance by Commissioner Fong. ROLL CALL: Present: Vice Chairman Ruzicka, and Commissioners Fong, McManus and Schad. Absent: Chairman Goldenberg. Also Present: Community Development Director James DeStefano, Director of Public Works/City Engineer George Wentz, Assistant Planner Ann Lungu, City Attorney William Rudell, and Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of September 9, 1996. C/Schad* made a motion, seconded by C/Fong to approve the minutes of September 9, 1996 as corrected. The motion was approved 3-0-1 with-C/McManus abstaining. OLD BUSINESS - None NEW BUSINESS - None CONTINUED PUBLIC HEARING: 1. Pursuant to Subdivision- Code Section 21.16.020 Vesting Tentative Tract 52203 is . a request to subdivide a 6.3 gross acre site into 16 numbered lots for single family residential development and six (6) lettered lots for streets and landscaping. This proposal is a further subdivision of Lots 92 and 93 of Vesting Tentative Tract 32400 located on the west side of Brea Canyon Road north of Pathfinder Road. . Property Owner: City of Diamond Bar, 21660 E. Copley Drive, Diamond Bar, CA; and Arciero and Sons, 950 North Tustin, Anaheim, CA 92807 September 23, 1996 Page 2 Planning Commission Applicant:. Diamond Crest Estates, LLC, 27285 Las Rambles,- Suite- 230,..Mission.. Viejo, CA 92691 CDD/DeStefano read the staff report into the record. He indicated that the ' applicant has responded to the Commissions, concerns with respect to the access road with a graphic outlining a meandering sidewalk from Brea Canyon Road to the South Pointe Middle School and an increased .(16 foot wide) landscaped greenbelt to accommodate the sidewalk and specimen tree groupings. In addition, the applicant has added landscaping on the south side of the access road and varied the block wall's plane. CDD/DeStefano * stated that since September 9, 1996, the City Council has met in closed session to discuss the Arciero. & Sons offer which is the only offer received by the City for purchase of its property. The City council directed legal staff to prepare the appropriate documents to conclude sale of the property to Arciero & Sons. Staff recommends that the Planning Commission adopt the resolution recommending City Council approve Vesting Tentative Tract Map No. 52203, subject to the Findings of Fact, and conditions of approval -as listed within the resolution. Frank Arciero, Jr., Arciero & Sons, explained that for, every additional foot the access roadway is moved northerly, 740 yards of canyon fill would be required. He indicated his engineer feels that the present roadway location is*most appropriate for the subdivision, access to the school, and affords the least disturbance to the canyon. Using the topographical map, Mr. Arciero pointed out his current southerly property line to Mr. Schad. C/Fong stated he did not recall that any Commissioner asked the applicant for analysis of access road widening. Mr. Arciero referred C/Fong to public comments made at the September 9 Planning Commission meeting. He recalled that a Commissioner made a favorable comment regarding widening of the access road. C/Fong reiterated that he did not request the analysis because he favors a minimum street width. He indicated his September 9 request was for analysis of moving the access road northerly at the - Brea Canyon Road intersection to minimize the cut on the southwest side of the intersection. Mr. Arciero responded to C/Fong that moving the road northerly would create a steeper grade; The City September 23, 1996 Page 3 Planning commission 0 - mr- si: �4 - t requires grades of no more than 18 to 20 percent to accommodate school busses approaching the intersection. The current alignment is no greater than five to six, percent. C/Schad asked if the access road -could be built at ' the northeast corner of the property to minimize oak tree removal. Mr.. Arciero responded that the current access road ,alignment was previously approved by the City. In addition, the current proposal is the most feasible from an engineering standpoint to minimize land disturbance. DPW/CE/Wentz responded to C/Fong that the proposed access road's grade at the Brea Canyon Road intersection, is 1.3 percent and extends approximately 3/4 of the road distance. The steepest grade of 7 percent abuts the School District property on the extreme westerly portion of the road. The City does not permit any street grades in excess of 12 percent and prefers a street grade under 10 percent. The City.considered several access road locations. As the access road is moved northerly, more dirt.has-to.be moved and, -relocated.-... The access 'road was intentionally moved to the southerly portion of the property to minimize grading. Revision of the approved map would effect the approved Tentative Tract Map 32400 building lots. C/Fong stated. he is concerned with the impact to the existing oak trees at the southwest corner of the side slope. C/McManus stated that regardless of cut and fill, a more northerly access road would result in a steeper and more hazardous incline for school buses. C/Schad stated the oak grove located at the southwest corner of the property is the most dense in the City and is a nesting grove for the City's largest raptors. The nesting habitat is protected. He indicated he believes that the Department of Fish and Game disallows disturbance of nesting habitats., He questioned where the birds will nest when the trees are removed. He asked if the grove could be preserved. Mr. Arciero emphasized he will work to save the maximum number of trees possible. He reiterated that he is before the Planning Commission: -to receive approval for 16 lots on an already graded piece of property. C/Schad stated that as a result of this project, there will be a loss of approximately 768 trees. September 23, 1996 Page 4 Planning commission -aj Mr. Arciero responded to C/Schad that he is replacing 550 trees which results in a,, -net,_.loss of--- approximately 200 trees.. C/McManus stated he read the staff report and related materials, and visited the site. He further stated that he is sad to see Sandstone Canyon go. However, the property was sold to private enterprise and the applicant has a right to expect a return on his investment. He further stated that in his opinion, the applicant's proposed changes since the September 9 Planning Commission meeting'is an improvement and he appreciates the applicant's efforts. CDD/DeStefano responded to C/Fong that the City approved the access road alignment in October, 1994. The road alignment was part of the original environmental analysis and the mitigation measures have been approved. The access road alignment is located on property that is not part of the application before the Planning commission for consideration this evening and the property owner is not a party to the application before the Planning Commission. DPW/CE/Wentz reiterated CDD/DeStefano's statement. Mr. Arciero has submitted a grading plan to the City for Tract 32400 in compliance with his approved vesting Tentative Tract Map. The grading plan is being approved in accordance with the approved Vesting Tentative Tract Map. Mr. Arc'iero is proceeding based upon his previous approvals. * The access road was placed in its proposed location to accommodate the -grade issues and minimize the taking . of oak trees. C/Fong asked if moving the access road 50 feet northerly would reduce the oak tree cutting. DPW/CE/Wentz responded to C/Fong that if the access road was moved to the north, some of the trees close the property line may be saved. However, the grading shown, on the current grading plans does not significantly impact the southerly trees. C/Schad stated he believes the further north the access road is placed, the fewer trees will be impacted. CDD/DeStefano responded to C/Schad that the applicant has applied for the Army Corps of Engineer and the California Fish and Game permits.* The applicant is diligently pursuing this process and implementing the environmental mitigation measures as part of the application. An exhaustive site analysis was conducted as part of the original 175 acre Master Plan. The draft Environmental September 23, 1996 Page 5 Planning Commission Impact Report was widely circulated 'and Planning Commission hearings resulted in a recommendation of project approval and certification of the Environmental Impact Report. Two members of the current Planning Commission Were parties to that action. In June, 1994 the Environmental Impact Report was certified. The document was not challenged and it is now the Environmental Impact Report of record. The canyon species and respective mitigation measures were documented by the city's paid experts. .iC/Fong asked staff and the applicant to convince him that ,application of the proposed plans will result in the least impacttotrees and cut and fill. DPW/CE/Wentz explained why the proposed access road location offers the least impact to the trees and eliminates the need for excessive cut and fill. Mr. Arciero responded.to C/Fong that he is obligated to p . lant approximately 550 trees. He asked for condition text to indicate that with respect t ' o the landscape plan, the applicant will work with staff. He stated that the south side of the access road belongs to the School District. If trees are placed along the south side of the access road, they will inhibit the view of the open space. C/Fong concurred with Mr. Arciero that the view should not be inhibited. However, he would like to see trees planted in a natural fashion on the southerly portion of the access road to enhance the view. C/Fong asked staff and the applicant to minimize the street lighting. Mr. Arciero concurred with C/Fong and indicated he will work with staff. He indicated improvement plans are submitted to the Edison Company and Edison initiates the street lighting schematic. He further indicated he is happy to work. with the Edison Company and the City's staff to minimize street lighting. DPW/CE/Wentz responded to VC/Ruzicka that a condition can be included which states that the applicant's lighting plans will be reviewed and approved by the City. C/Schad suggested that the access road could circle the oak grove_ located at the most northerly point of the property. September 23, 1996 Page 6 Planning commission DPW/CE/Wentz explained to C/Schad that moving the access road in such a manner would further interfere with trees on the southerly portion of the property. Mr. Arciero responded to C/Schad that the trees are being replaced at a 2:1 ratio within the boundary of the current project and the previously approved tract. C/Fong asked that a condition be included requiring the City's geotechnical, consultant or soils engineer to conduct supplemental field investigations to check the bedding condition to determine the feasibility of steepening the slope from 2:1 to 1 which, in his opinion, would result in a 70 percent retention of the trees slated for'removal. Mr. Arciero responded to C/Fong that approximately three months ago he expended an additional $50,000 for soils and geology work. The rep6rt Andicates unfavorable bedding within the slope which will require additional buttressing.' These reports are incorporated within the current grading plan. DPW/CE/Wentz responded to C/Fong that the minutes should ref lect,his wish to have the City review the feasibility of 1 1/2:1 slopes.which may result in saving trees and reduce required grading. He cautioned that the review should include appropriate safety factors for the site. Mr. Arciero stated that in the initial stages of the grading plan development he requested the soils and geology engineer and the civil engineer to investigate the feasibility of 1 1/2:1 slopes which would result in less grading and greater benefit to the prospective home buyer. The soils engineer recommended 2:1 slopes because of the portions of unfavorable bedding planes. , He reiterated that he favors 1 1/2:1 slopes whenever possible. DPW/CE/Wentz responded to C/Schad that he does not recall that there is an earthquake' fault in the bottom of Sandstone Canyon. Mr. Arciero responded to C/Schad that he believes that Sandstone Canyon does not contain Bentonite. VC/Ruzicka asked for public testimony. There being no one who wished to speak on this item, VC/Ruzicka closed the Public Hearing. C/McManus made a motion, seconded by VC/Ruzicka to adopt the resolution recommending City Council approval of September 23, 1996 . Page 7. Planning commission V�J J Vesting Tentative Tract Map No. 52203, subject to the Findings of Fact, and conditions listed within the resolution. CDD/DeStefano, responding to VC/Ruzicka, suggested that Condition 5.(a) on Page 4 of the Draft Resolution be amended to read: "The project shall substantially conform to plans collectively labeled as Exhibit "All dated September 9, 1996, and Exhibit 11C11 dated September 18, 1996, as submitted and approved by the Planning Commission." He suggested that Condition 61 be added to read as follows: "The applicant has agreed to work with staff to incorporate the placement of trees along the south side of the access road to the South Pointe Middle School." He further suggested that Condition 62 be added to read as follows: "The applicant shall incorporate a meandering sidewalk, minimum 16 foot wide landscape setback, block wall undulation, and landscaping theme as depicted on Exhibit "C" dated September 18, 1996.11 C/McManus amended his motion to include CDD/DeStefano's recommendations. VC/Ruzicka agreed to the amended motion. The motion was approved with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: McManus, VC/Ruzicka, Fong Schad None Chair/Goldenberg RECESS: VC/Ruzicka recessed the meeting at 8:40 p.m. RECONVENE: VC/Ruzicka reconvened the meeting at 8:53 p.m. PUBLIC HEARING: 1. Conditional Use Permit 96-13 and Development Review 96-12 is a request for an unmanned, wireless telecommunications transmission facility at an existing office building to be roof—mounted and -a ground level equipment cabinet located at 3333 Brea Canyon Road (west side, south of Diamond Bar Boulevard). Applicant: Keith International, Inc., .22690 Cactus Avenue, Suite 300, Moreno Valley, CA Property Owner: Metro Diamond Bar Property, Inc., 2030 Main Street #1020, Irvine, CA CDD/DeStefano read the staff report into the record. Staff recommends that the, Planning Commission approve Conditional Use Permit No. 96-13 and Development Review Kent Norton, Keith International, Inc. stated he read the staff report and concurs with the conditions of approval. Mr. Norton responded to C/Schad that the proposed project .is part of a network of, wireless telecommunications Personal Communications System (PCS) repeater stations transmitting signals between mobile sources, stationary sources, and the base station. Responding to C/McManus, Mr. Norton confirmed his understanding that the proposed location is visible only from the freeway which is separated by a row of Eucalyptus trees. VC/Ruzicka opened the Public Hearing. Craig Clute, 21217 Fountain Springs Road, said he would like to have been notified of this project. He proposed expanding the 500 yard public notification process. He reminded the Commission that this is another project in a series of requests for similar sites in the City. He indicated he 'hopes the Commission is seriously looking. into these types of installations and is current with the technology. He asked that an abandonment condition be included in the approval. C/Fong stated he concurs with Mr. Clute and asked that an abandonment condition be included. CDD/DeStefanb referred the Commission to condition 5.(c) on Page 4 which states: "In the event of any future maintenance problems, abandonment of use or changes in technology which render the above mentioned facility obsolete the applicant shall, upon notification by the City., remove'the facility within 90 days." C/Fong asked why the proposed antenna is located in the center of the building roof. He proposed the installation be moved to the southwest portion of the building. CDD/DeStefano responded to C/Fong that the proposed location was determined to render the antenna as invisible as possible to Diamond Bar residents. Responding to C/Fong, Mr. Norton stated the proposed location was determined as a result of extensive negotiations between Pacific Bell and the City's staff in order for the project to meet the City's screening requirements. Originally, the antenna was proposed to be September 23, 1996 Page.9 Planning Commission located at the southwest corner of the building. However, at that location the antennas are visible from Brea Canyon Road because of a break in the landscaping. The trees along the easterly portion of the property offer significant screening of the antennas located in the center of the building. The present location offers optimum screening and minimum visibility to residents and vehicles approaching the site. CDD/DeStefano stated the southwest corner of the building is adjacent to residences across Brea Canyon Road. Staff determined that the antenna should be located further .away from the single family homesi--------- Mr. Norton responded to C/ Schad that due to the project's low profile construction, other companieswill not utilize the antennas. Pacific Bell co -shares other locations. c/McManus indicated to Mr. Clute that he read the staff report and the attached Conditions of Approval prior to tonight's meeting. He stated he is aware that digital transmission is possible through satellite communication which would render this site obsolete and that he was aware of the included abandonment condition. Seeing no one else who wished to speak, VC/Ruzicka closed the Public Hearing. C/McManus made a motion, seconded by C/Schad, to approve Conditional Use Permit 96-13 and Development Review 96- 12, Findings of Fact, and conditions as listed within the attached *resolution. The motion was carried 4-0 with a Roll Call vote. PLANNING COMMISSION ITEMS: C/McManus thanked staff for providing him with materials from the September 9, 1996 Planning commission meeting which assisted him in the deliberation of Continued Public Hearing item 6.1. C/Schad stated he supported the University of Phoenix's request to place an additional sign at . their Diamond Bar location. CDD/DeStefano indicated that on September 17 the city Council discussed the University of Phoenix's appeal to the Planning Commission's denial. With a 3-2 vote, city Council directed staff to prepare a Resolution of Approval to be considered on October 1. VC/Ruzicka stated the City council reversed a decision which in his opinion, the Planning commission agonized over and reached an appropriate conclusion. He indicated he is not concerned about the City Council reversing a Planning commission determination because September 23, 1996 Page 10 Planning Commission k8i 't b. -A such a determination is within their purview. However, he declared he believes that in this case the City Council made a mistake. The Council -should have paid more attention to the fact that the Gateway Corporate Center is only about one-third to one-half completed. He expressed his belief that when the Center is built - out, the City will receive numerous requests - not withstanding the statement about precedents setting by the attorney representing the University of Phoenix - to bring in more signs for a variety of issues. As a result, the City may face a large problem based on the mistaken reversal of the Planning Commission's decision. The Commission's decision was a well deliberated.4-1 vote to deny the variance. He reiterated that he believes the Commission's decision was the right decision. In his opinion, the Council did not use sound reasoning for overturning the Commission's decision. INFORMATIONAL ITEMS: CDD/DeStefano stated that with respect to the LA Cellular installation at Diamond Bar High School, staff recently met. with Walnut Valley Unified School District, Pacific Bell and LA Cellular, and Edison Company representatives. All parties agreed to the City's requests for adding carrot wood trees and fence screening, removing the temporary NexTel pole, adding their power line into * the existing LA Cellular trench,.and accommodating all issues presented. The LA Cellular representative indicated a desire to resolve all issues in a timely fashion. Staff drafted a letter to LA Cellular in accordance with the Planning Commission's direction. However, the letter has'not been delivered because LA Cellular has continued to move in a positive direction. ADJOURNMENT: At 9:20 p.m., there being no further business to come before the Planning Commission, C/McManus moved, C/Schad seconded, to adjourn the meeting to October 14, 1996. There being no objections, VC/Ruzicka adjourned the meeting.' Attest: Joe Ruzicka Vice Chairman .. - Respectfully Submitted, James DeStefano Community Development Director TO: . Chairman and Planning Commissioner FROM: Ann J. Lungu, Assistant Planner,, SUBJECT.: Reconsideration of Planning Commission's meeting day DATE: October 7, 1996 At the April 8, 1996 Planning Commission meeting a discussion transpired concerning a day change for Commission meetings. At that time; ' the commission expressed an interest for the second and fourth Tuesday of each month. However, due to prior commitments of some commissioners, it was decided to revisit this matter before the year's end. South Coast Air Quality Management District (SCAQMD) is devising a 1997 meeting -schedule. At this time, it is recommended that the commission establish a meeting schedule for 1997 which will be submitted to SCAQMD., California Government Code Section 54954 requires the Planning Commission provide, by resolution, the place, day and time of regular meetings. Attached is the draft resolution with the day to be selected by the Commission. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution amending the June 10, 1996 Planning_ Commission Policies and Procedures Manual. Attachments: 1. Draft Resolution; and 2. Minutes of the April 8, 1996 Planning Commission meeting. FTIV FI -M PLANNING COMMISSION RESOLUTION NO. 96 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR AMENDING THE JUNE 10, 1996 PLANNING COMMISSION POLICIES AND PROCEDURES MANUAL, 'THEREBY. ESTABLISHING THE PLACE, DAY, AND TIME OF REGULAR PLANNING COMMISSION MEETINGS. Recitals., 1. The California Government Code Section 54954 requires the Planning Commission to establish the place, day, and time of regular Planning commission meetings. 2. This Planning commission desires to establish its meeting schedule in order to maximize - citizen * participation concerning matter within the Commission's jurisdiction. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows.: 1. The Planning commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Regular meetings of the Planning Commission of the City of Diamond Bar shall be held at South Coast Air Quality. Management District Auditorium, 21685 E. Copley Drive,' Diamond Bar, CA 91765, on the and - - of each month, at the hour of 7:00 p.m., unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next regularly scheduled meeting date. . 1. 3. This grant shall be effective beginning January 1, 1997. APPROVED AND ADOPTED THIS THE 14TH DAY OF OCTOBER, 1996, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. F*.W Mike Goldenberg, Chairman 1 I, James DeStefano, Planning Commission Secretary do hereby certify 4f' that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting by the Planning commission of the City of Diamond Bar, held on the 14th day of October 1996: AYES: COMMISSIONERS: NOES: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary 0A, April 8, 1996 Page 4 Planning Commission OLD BUSINESS None NEW BUSINESS - Cont. 1. Discussion of meeting day and time. CDD/DeStefano stated the Planning Commissioners have indicated a desire to discuss the possibility of changing the Planning Commission meeting day. If the Commission wishes to change the meeting day or time, a resolution will have to be. passed. SCAQMD has responded*to City staff that beginning in May, the auditorium is available the second and fourth Tuesdays from 7:00 p.m. to 11:00 p.m. If the Planning Commission wishes to retain the second and fourth Monday meeting day and change the time, a resolution Would be required. C/Schad requested the Planning Commission continue with the second and fourth Monday ' meeting schedule. He indicated he has other commitments which would conflict with a change in the meeting day. VC/Ruzicka stated he that by moving the meeting day from 'Monday to Tuesday; the staff would have more time to compile materials for the prop * osed Development Code and the commissioners would have extra time to study the material prior to the meeting day. C/Fong stated he prefers the Planning commission remain as it is currently rently scheduled. He * indi c*ated he has a prior commitment for Tuesday evenings. In his opinion, a Monday night meeting is not a problem for the City staff. CDD/DeStefano responded to -Chair/ Goldenberg that the Planning commission is required to hold at least one meeting per month. When and where is the decision of the Planning Commission. With respect to the staff, Monday nights are difficult only in the sense that with the delivery of the packets on Thursday night, there may be a limited amount of time for the Commissioners to review the material since weekends are usually devoted to family events. He indicated that, in his experience, Commissions have more commonly held meetings on Tuesdays or Wednesdays which gives participants additional time -to review packet materials. However, if the commission wishes to have additional time to review material, staff can move packet delivery up a.day or so earlier. Chair/Goldenberg suggested that. because some Commissioners have prior commitments, that the Planning .commission revisit he meeting day and time issue prior to the fourth quarter of the year. April .81 1996 Page 5 Planning Commission Chair/Goldenberg requested *the meeting day and time discussion be tabled to the fourth quarter'of 1996 and requested staff to again agendize the matter for a later meeting. Without objections, the Commission concurred. A. 10 PLANNING COMMISSION RESOLUTION 140. 96 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ADDING APPENDIX A AND B TO THE EXISTING PLANNING COMMISSION POLICIES AND PROCEDURES MANUAL. Recitals 1. It is important to the successful operation of any public organization that standards be established to define roles, responsibilities, and expectations of the governing board and staff in an organization's operation. 2. The establishment of standards by the P,lanning Commission will promote understanding and trust among members of the Commission and staff concerning their roles, responsibil ities, and expectations for the operation of the City. 3. The establishment and periodic review of the Planning Commission Policies and Procedures Manual will assist new members of the Commission to better understand their role and responsibilities. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission is operating under a Planning Commission Policies and Procedures Manual adopted on June 10, 1996. 3. At the October 14, 1996 Planning Commission meeting, the Commission adopted Appendix A which includes The Brown Act as amended on April 1, .1994 and Appendix B which includes A GUIDE TO THE POLITICAL REFORM ACT OF 1974,. California's Conflict of Interest Law for Public Officials dated dated January 18, 1995. Appendix A and 4C*I B with the referenced Acts shall be incorporated into they the'Planning Commission Policies and Procedures Manual dated June 10, 1996. 4. The Planning Commission shall follow the policies and procedures listed within the manual dated June 10, 1996 and Appendix -K-and--AppendixB_.-- APPROVED _�APPROVED AND ADOPTED THIS THE 14TH DAY OF OCTOBER 1996, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Mike Goldenberg, Chairman I, James DeStefano, Planning Commission Secretary do hereby certify that the foregoing Resolution was duly introduced; passed, and adopted, at a regular meeting by the Planning Commission of the City of Diamond Bar, held on the 14th day of, October 1996: AYES: COMMISSIONERS:, NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary E 41, I October 14, 1996 A-1 THE RALPH M. BROWN ACT California Government Code Sections 54950 through 54962 ;ks mended April 1, 1991 23 54950. In enacting this chapter, the Legislature finds and declares that the public Intent commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their, public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. 54950.5. This chapter shall be known as the Ralph M. Brown Act. Title 54951. As used in this chapter, "local agency" means a county, city, whether general "local agency": public agencies law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. 54952. As used in this chapter, "legislative body" means: (a) The governing body of a local agency or any other local body created by state or federal statute. (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordi- nance, resolution, or formal action of a legislative body. However, advisory commit- tees, composed solely of the members of the legislative body which are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) A board, commission, committee, or other multimember body that governs a private corporation or entity that either: (1) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation or entit<. (2) Receives finds from a local agency and the membership of whose governing' body includes a member of the legislative body of the local agency appointed to that governing body by the legislative body of the local'agency. (d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after january 1, 1994, where the lessee exercises any material authority of a legislative body of a J local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. 54952.1. Any person elected to serve as a member of a legislative body who has not �-et assumed the duties of office shall conform his or her conduct to the require- ments of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office. "legislative body governing body body created by formal action private corporation: exercises delegated authority private corporation: receives public funds/appointed legislative body member on its governing board lessee of a district hospital newly -elected members 24 1 California Government Code 54952.2. (a) As used in this chapter, "meeting" includes any congregation of a "meeting defined" majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains. majority cannot use direct (b) Except as authorized pursuant to Section 54953, any use of direct communica- communication, personal intermediaries tion, personal intermediaries, or technological devices that is employed b a, or technological devices majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibited. exceptions: (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: 1. individual contacts (1) Individual contacts or conversations between a member of a legislative body and any other person. 2. conferences (2) The attendance of a majority of the members of a legislative body at a confer- ence or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction• of the local agency: Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. 3. community meetings (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the, subject matter jurisdiction of the legislative body of the local agency. 4. another body of the local agency (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, provided that a in of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. 5. social or ceremonial event (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. "action taken" 54952.6. As used in this chapter, "action taken" means a collective decision made by a majority of the members of.a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. copies of the Brown Act for 54952.7. A legislative body of a local agency may require that a copy of this chapter members, appointees be given to each member of the legislative body and any person elected to serve as a member of the legislative body who has not assumed the dudes of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. all meetings must be open and public 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. California Government Code (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use"video teleconferencing for the benefit of the public or the legisla- tive body of a local agency in connection with any meeting or proceeding autho- rized by law. (2) The use of video teleconferencing, as authorized by this chapter, shall be limited to the receipt of public comment or testimony by the legislative body and to deliberations of the legislative body. (3) if the legislative body of a local agency elects to use video telecon ferencing, it shall post agendas at all video teleconference locations and adopt reasonable regulations to adequately protect the statutory or constitutional rights of the parties or the public appearing before the legislative body of a local agency. (4) The term "video teleconference" shall mean a system which provides for both audio and visual participation between all members of the legislative body and the public attending.a meeting or hearing at any video teleconference location. (c) No legislative body shall take action by secret ballot, whether preliminary or final. 25 video teleconferencing no secret ballots 54953.1. The provisions of this chapter shall not be construed to prohibit the grand jury testimony members of the legislative body of a local agency from .giving testimony in private before a grand jury, either as individuals or as a body. 54953.3. A member of the public shall not be required, as a condition to atten- dance at a meeting of a legislative body of a local agency; to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room ~where the meeting is to be held, or is circulated to the persons present during the meeting, itshall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regard- less of whether a person signs, registers, or completes the document. 54953.5. (a) :any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings ..with an audio or video tape recorder or a still or motion picture camera in the absence of a reason- able Finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), but, notwithstanding Section 34090, maybe erased or destroyed 30 days after the taping or recording. Any inspection of a video or tape recording shall be provided without charge on a video or tape player made available by the local agency. 54953.6. No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and public meetings in the absence of a reasonable Finding that the broadcast cannot be accom plished without noise, illumination, or obstruction of view that would constitute a persistent disruption of the proceedings. public cannot be required to register to attend meeting public can tape meetings recordings are public record broadcast of open meetings 54953.9. Notwithstanding any, other provision of law, legislative bodies of local local agencies can impose stricter agencies may impose requirements upon themselves which allow greater access to requirements on themselves their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such 26 1 California Government Code requirements on those appointed legislative bodies of the local agency of which all i or a majority of the members are appointed by or under the authority ofahe : elected legislative body. regular meetings set by 54954. (a) The legislative body of a local agency shall provide, by ordinance, ordinance or other rule resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. meetings must be within the (b) Regular and special meetings of the legislative body shall be held within the local agency's territory boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following: exceptions (1) Comply with state or federal law or court order, or attend a judicial or adminis- trative proceeding to which the local agency is a party. (2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property. (3) Participate in meetings or discussions of multiagency significance that are i outside the boundaries of a local agency's jurisdiction. However, any meeting or t discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter. (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency's legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs. . (c) Meetings of the governing board of a school district shall be held within the district except under the circumstances enumerated in subdivision (b), or to do any of the following: (1) Attend a conference on nonadversarial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees' potential employment of the superintendent of that district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be for the duration of the emergency at the place designated, by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice i pursuant to Section 54956, by the most rapid means of communication available at the time. California Government Code 54954.1. The legislative body which is subject to the provisions of this chapter shall give mailed notice of every regular meeting, and any special meeting which is called at least one week prior to the date set for the meeting, to any person who has filed.a written request for that notice with the legislative body. Any mailed notice required pursuant to this section shall be mailed at least one week prior to the date set for the meeting to which it applies except that the legislative body may give the notice as it deems practical of special meetings called less than seven days prior to the date -set for the meeting. Any request for notice filed pursuant to this section shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for notice shall be filed within 90 days after January 1 of each year. The failure of any person to receive the notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the legislative body for which the notice was given. The legislative body may establish a reasonable annual fee for sending the notice based on the estimated cost of providing the service. 27 54954.2. (a) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general ' description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting'and shall be posted in a location that is freely accessible to members of the public. No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed. by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter , or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda tinder any of the conditions stated below. Prior to discussing an) item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, a unanimous cote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). mailed notice (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more. than five calendar days prior to the date action' is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. regular meeting agendas: 72 -hour notice and posting action on non -agenda items emergency situation need for immediate action item continued from meeting less than 5 days earlier 54954.3. (a) Every agenda for regular meetings shall provide an opportunit), for public opportunity to members of the public to directly address the legislative body on any item of address the legislative body interest to the public, before or during the legislative body's consideration of the 28 1 California Government Code item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However; the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consider- ation of the item, unless the item has been substantially changed since the commit- tee ommittee heard the item, as deter mined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. reasonable constraints (b) The legislative body of a local agency may adopt reasonable regulations to on public testimony. ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues, and for each individual speaker. public criticism of policies (c) The legislative body of a local agency shall not prohibit public criticism of the procedures, programs or services policies, procedures, programs, or services of the agency, or of the acts or omis- sions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. reimbursement of costs 54954.4. (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that act, shall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986. (b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement, or otherwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and un- equivocally incurred as the direct and necessary result of compliance v%ith Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For. purposes of Section 54954.2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete, faithful, and uninter- rupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act, or related budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner. "safe harbors" for 54954.5. For purposes of describing closed session items pursuant to Section closed session agendas 54934.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below irrespective of its format. license and permit determinations I (a) With respect to a closed session held pursuant to Section 34956.7: LICENSE/ PERMIT DETERMINATION Applicant(s): (Specify number of applicants) California Government Code. (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REM. PROPERTYNEGOTLITOR Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property tinder negotiation) Negotiating parties: (SpeciR, name of party (not agent) ) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) (c) With respect to every item of business to be discussed in closed session pursu- ant to Section 54956.9: CONFERENCE WITH LEGAL, COLNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: (Specify by reference to claimants name, names of parties, case or claim numbers) — or — Case name unspecified: (SpeciR' whether disclosure would jeopardize service of process or existing settlement negotiations) CONFERENCE WITH LEGAL. COUNSEL.VNTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to subparagraphs (B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section 54956.9:) Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (SpeciR- number of potential cases) (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95: LIABILITY CL.AINIS Claimant: (Specify name unless unspecified pursuant to.Section 54961) agency claimed against: (Specify name) (e) With respect to every item of business to be discussed in closed session pursu- ant to Section 5495: VQ real estate negotiations existing litigation THREAT TO PUBLICSER%ICES OR FACILITIES Consultation With: (Specify name of law enforcement agency and title of officer) PUBLIC EMPLONEE ,\PPOINTMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFOR.NLA�NCE EVALUATION, Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DIS vllSSAL./RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: anticipated litigation liability claims threats to public services public employees 30 labor negotiation conference multijurisdictiona) drug law enforcement agency hospital exceptions. tax or assessment hearings new or increased taxes California Government Code CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: (Specify name) Employee organization: (Specify name of organization representing employee or employees in question) —or— Unrepresented or—Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLAINNING J (No additional information is required in connection with a closed session to i consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Subject matter: (Specify whether testimony/deliberation ccill concern staff privileges, report of medical audit committee, or report of quality assurance committee) 54954.6. (a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a city, county, special district, or joint powers authority shall conduct at least one public meeting at which local officials must allow public testimony regarding the proposed new or increased general tae or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment. For purposes of this section, the term "new or increased assessment" does not include any of the following: (A) A fee which does not exceed the reasonable cost of providing the services, facilities, or regulatory activity for which the fee is charged. (B) A service charge or benefit charge, unless a special district's principal act requires service charges or benefit charges to conform to the requirements of this section. (C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year. (D) An assessment which does not exceed an assessment formula or range of assessments preciously adopted by the agency or approved by the voters in the area where the assessment is imposed. (E) Standby or immediate availability charges. (2) The legislative body shall provide at least .45 days' public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing, but the meeting shall occur prior to the hearing. (b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one- eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to California Government Code subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public .hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. ,Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the in has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Any written request for mailed notices shall be effective for one year From the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of prodding the service. (2) The notice required by paragraph (1) of this subdivision'shall include, but not be limited to, the following: (A) The amount or rate of the tax. If the taxis proposed to be increased from any previous year, the joint notice shall separately state both the existing tax rate and the.proposed tax rate increase. (B) The activity to be taxed. (C) The estimated amount of revenue to be raised by the tax annually. (D) The method and frequency for collecting the tax. (E) The dates, times, and locations of the public meeting and hearing described in subdivision (a). (F) The phone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the tax. 31 (c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. The envelope or the coyer of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10 -point type and shall be given to all property owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roll or the State Board of Equalization assessment roll, as the case may be. (2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) The estimated amount of the assessment per parcel. If the assessment is proposed to be increased from any previous year, the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase. (B) A general description of the purpose or improvements that the assessment will fund. (C) The address to which property owners may mail a protest against the assessment. (D) The phone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the assessment. new or increased assessments 32 California Government Code s 4 (E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to levy the assessment so provides. Notice must also state the percentage of protests required to trigger an election, if applicable.,, (F) The dates, times, and locations of the public meeting and hearing described in subdivision (a). j F (3) Notwithstanding paragraph- (1),.in. the -case of an assessment which isproposed exclusively for operation and maintenance expenses for an entire city, county, or I district, or operation and maintenance assessments proposed to be levied on f 50,000 parcels or more, notice may be provided pursuant to paragraph (1) of subdivision (b) and shall include the information required by paragraph (2) of subdivision (c). (4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open - space district, or regional open -space district formed pursuant to Article 3 (coin- mencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b). (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the govern- mental decisionmaking process. (e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following: (1) The property owners subject to the assessment. (2) The voters within the city, county, special district, or joint powers authority imposing the tax or assessment. (f) Nothing in this section shall prohibit a local agency from holding a consoli- dated meeting or hearing at which the legislative body discusses multiple tax or assessment proposals. . (g) The local agency may recover the reasonable costs of public meetings, public hearings, and notice required by this section from the proceeds of the tax or assessment. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public hearings, and notice. adjourned meetings 54955. The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as prodded in Section 51956 for special meetings, unless such notice is waived as prodded for special meetings. A copy of the order or notice of adjournment shall be conspicuously.posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 21 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjourn- ment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, by law, or other rule. California Government Code 54955.1. Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjourn- . ment of meetings; provided, that if the hearing is continued to a time less. than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. 54956. A special meeting may be called at anytime by thepresiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. The notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram: The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. 33 continued hearings special meetings 54956.5. In the case of an emergency situation invoking matters upon which emergency meetings prompt action is necessary due to the disruption or threatened disruption of public facilities, alegislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 2 -I -hour posting requirement of Section 54956 or both of the notice and posting requirements. For purposes of this section, "emergency situation" means any of the following: (a) Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (b) Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. However, each local newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legisla tive body, or designee thereof, one hour.prior to the emergency meeting by telephone and all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee of the legislative body, shall 'notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. Notwithstanding Section 54957, the legislative body shall not meet in closed session during a meeting called pursuant to this section. ,all special meeting requirements, as prescribed -in Section 54956 shall be appli- cable to a meeting called pursuant to this section, with the excep tion of the 24-hour notice requirement. The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified 34 No fees except those specifically authorized closed sessions: license applicants with criminal records closed sessions: conference with negotiator over real property closed sessions: pending litigation California Government Code or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. 54956.6. No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. 54956.7. Whenever a legislative body of a local agency determines that it is neces- sary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determi- nation. If the legislative body determines, as a result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license: 54956.8. Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant author- ity to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies the real property or real properties which the negotiations may concern and the person or persons with whom its negotiator may negotiate. For the purpose of this section, the negotiator may be a member of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. 54956.9. Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. For purposes of this chapter, all expressions of the lawyer -client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer -client privilege for purposes of conducting closed -session meetings pursuant to this chapter. For purposes of this section, "litigation" includes any adjudicatory pro ceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. , For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: California Government Code (a) Litigation, to which the local agency is a party, has been initiated formally. (b) (1) A point has been reached where, in the opinion *of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. (2) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision. (3) For purposes of paragraphs (1) and (2), "existing facts and circum stances' shall consist only of one of -the following: (A) Facts and circumstances that might result in litigation against the local agency but which the local agency believes. are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (B) Facts and circumstances, including, but not limited to, all accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts -or circumstances shall be publicly stated on the agenda or announced. (C) The receipt of a claim pursuant to the Tort Claims Act or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (D) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the'legislative body. (E) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has 35 litigation formally initiated significant exposure to litigation meeting to decide if closed meeting- is eeting-is authorized been publicly disclosed.. (F) Nothing in this section shall require disclosure of written communications that. are privileged and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (c) Based on existing facts and circumstances, the legislative body of the local initiating litigation agency has decided to initiate or is deciding whether to initiate litigation. Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the subdivision of this section that authorizes the closed session. If the session is closed pursuant to subdivision (a), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to effectuate service of process upon one or more unserved parties, or that to do so Would jeopardize its ability to conclude existing settlement negotiations to its advantage. A local agency shall be considered to be a "party" or to have a "significant exposure to litigation" if an officer or employee of the local agency is a party or has signifi- cant exposure to litigation concerning prior or prospective activities or alleged activities during the. course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. 36 closed session: claims against joint powers agencies closed sessions: threats to public buildings or to public access personnel matters public reports on closed session actions, votes real estate negotiations California Government Code 54956.95. (a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency member of the joint powers agency, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers' compensation liability incurred by the join[ powers agency or a local agency member ofthe joint powers agency. -r- (b) Nothing in this chapter shall be construed to prevent the Local ,agency Self - Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers' compensation liability incurred by the authority or a local agency member of the authority. (c) Nothing in this section shall be construed to affect Section 54956.9 with respect. to any other local agency. 54957. Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions with the Attorney General, district attorney, sheriff, or chief of police, or their respective deputies, on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities, or from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session. As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void. The legislative body also may exclude from the public or closed meeting, daring the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. For the purposes of this section, the term "employee" shall include an officer'or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. Nothing in this section shall limit local officials' ability to hold closed session meetings pursuant to Sections 1461, 32106, and 32153 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this section shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. 54957.1. (a) The legislative body of any local agency shall publicly report any action taken in closed session and the tote or abstention of every member present thereon, as.follows: (1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as specified below: (A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. California Government Code (B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval. (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identifi,, if known, the adverse para, or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given -and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency's ability to effectuate service of process on one or more Unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi- judicial proceeding shall be reported after the settlement is final, as specified below: (A) IF the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement. (4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant. (5) Action taken to appoint, employ, dismiss, accept the resignation of, or other- wise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the tide of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, 37 if any. (6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 5.1957.6 shall be reported after the agreement is nal and has been accepted or ratified by the other party. The report shall identify final the item approved and the other party or parties to the negotiation. (b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within �4 hours of the posting of the agenda, or to any person who has made a standing request for all documenta- tion as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring reaping, the ctocu pending litigation joint powers authority claims personnel actions labor negotiations copies of closed session documents 38 closed session minute book writings distributed to a majority of a body are public records closed session minute book California Government Code ments need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. (c) The documentation referred to in paragraph (b) shall be available to any person on the next business day following the. meeting n.vyhich.the action referred to is taken or, in the case of substantial amendments, when anv necessary retyping is complete. (d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval. (e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section. 54957.2. (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at.the meeting. The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Chapter 3.3 (commencing with Section 6250) of Division 7 of Title 1), and shall be kept'confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session. (b) An elected legislative body of a local agency may require that each legislative body -all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). 54957.5. -(a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and any other writings, when distributed to all, or a,majority of all, of the members of a legislative body of a local agency by any person in connec- tion with a matter subject to discussion or consideration at a public meeting of the body, are public records under the California Public Records :pct (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall'be made available upon request without delay. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6234, or 6254.7. (b) Writings which are public records tinder subdivision (a) and which are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. (c) Nothing in this chapter shall be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6257. 1 (d) This section shall not be construed to limit or delay the public's right to inspect any record required to be disclosed under the require menu of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). Nothing in this chapter shall be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. California Government Code 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed 'sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily -provided scope of representa- tion. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representa- tives of employee organizations and unrepresented employees. Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative. Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other indepen- dent contractors. closed sessions: meeting with representatives on labor negotiations 54957.7. (a) Prior to holding any closed session, the legislative body of the local advance announcement of agency shall disclose, in an open meeting, the item or items to be discussed in the closed session items closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. in the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law. (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session. (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements. 54957.8. Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional drug law enforcement agency, or an adyisore body of a multijurisdictional drug law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of' the multijurisdictional drug law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases. "Nlultijurisdictional drug law enforcement agency," for purposes of this section, means a joint powers entity formed pursuant to Article 1 (cam mencing with Section 6500) of Chapter 5 of Division 7 of Title 1, which provides drag law 'enforcement services for the parties to the joint powers agreement. The Legislature finds and declares that this section is within the public interest, in that its provisions are necessary to prevent the impairment of ongoing law enforce- ment investigations, to protect witnesses and informants, and to permit the discission of effective courses of action in particular cases. closed sessions: multijurisdictional drug law enforcement agency - 40 California Government Code 54957.9. In the event that any meeting is willfully interrupted by a group or groups willful interruptions of meetings of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupt- ing the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. provisions apply , 54958. The provisions of this chapter shall apply to the legislative body of every notwithstanding conflicts of law local agency notwithstanding the conflicting provisions of any other state law. misdemeanor violations of the Act 54959. Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guiln• of a misdemeanor. civil actions to prevent violations 54960. (a) The district attorney or any interested person may commence an action by mandamus, injunction or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the ' legislative body of a local agency or to determine the applicability of this chapter to actions or threatened future action of the legislative body, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to tape record its -closed sessions as hereinafter prodded. (b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 34957, or 54957.6, order the legislative body to tape record its closed sessions and preserve the tape recordings for the period and under the terms of security and confidentiality the court deems appropriate. (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. . (2) The tapes shall be subject to the following discovery procedures: (A) In any case in which discovery or disclosure of the tape is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 34959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed'session which has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency which has custodv and control of the tape recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following: (i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency which has custody and control of the recording. (ii) An affidavit which contains specific facts indicating that a violation of the act occurred in the closed session. California Government Code (3) If the court, following a review of the motion, Finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the record- ing of that portion of the closed session alleged to have violated the act. (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging Violation of this chapter, the court shall, in its discretion, snake a certified transcript of the portion of the recording a public exhibit in the proceeding. (5) Nothing in this section shall permit discovery of communications which are protected by the attorney-client privilege. 54960.1. (a) The district attorney or any interested person may commence an action by mandamus or injunction for the purpose of obtaining a judicial determi- nation that an action taken by a legislative body of a local.agency in violation of Section 54953, 5.1954.2, 54954.5, 54954.6, or 54956 is null and void under this , section. Nothing in this chapter shall be construed to prevent a legislative body. from curing or correcting an action challenged pursuant to this section. (b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in -violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation. (c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section demand shall be made within 30 days from the 51954.2, in which case the written date the action was taken. (2) Within 30 days of receipt of the demand, the legislative body shall cure or. correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. (3) If the legislative body takes no action within the 30 -day period, the inaction - shall be.deemed a decision not to cure or correct the challenged action, and the 15 -clay' period to commence the action described in subdivision (a) shall com- mence to run the day.after the 30 -day period to cure or correct expires. (4) Within 15 days of receipt of the written notice of the legislative body's decision to cure or correct, or not to cure or correct, or within 15 days of the expiration of the 30 -day period to cure or correct, whichever is earlier, the demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action. (d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 51954.5, 54954.6, or 54956 shall not be determined to be null and void if any of the following conditions exist: (1) The action taken was in substantial compliance with Sections 54953, 51954.2, 54954.5, 54954.6, and 54956. (2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instrument, or agreement thereto. (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than compensation for services in the form of salary -or fees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. 41 action to invalidate 42 1 California Government Code (4) The action taken was in connection with the collection of any tax. . (5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any defect, error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 5495.12, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Section 54956, or. prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5. (e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. court may award attorney fees 54960.5. A court may award court. costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960 or 54960.1 where it is found that a legislative body of the local agency has violated this chapter. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency. A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. meeting sites must be free 54961. (a) No legislative body of a local agency shall conduct any meeting in any of discrimination and accessible facility that prohibits the admittance of any person, or persons, on the basis of race, to handicapped religious creed, color, national origin, ancestry, or sex, or which is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. This section shall apply to every local agency as defined in Section 54951. (b) No notice, agenda, announcement, or report required tinder this chapter need identify any victim or alleged victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. no closed meetings except 54962. Except as expressly authorized by this chapter, or by Sections 1461, 32106, as expressly authorized and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code as they appl, to hospitals, or by any provision of the Education Code pertaining to school districts and community college districts, no closed session may be held by any legislative body of any local agency. Z r. '� i' .. � t � � .. � i ^: � f r. ., t October 14, 1996 B-1 P A GUIDE TO THE POLITICAL REFORM ACT OF 074 California's Conflict of Interest Lave for Public Officials (Other Than Members of the Legislature, Constitutional Officers and the Insurance Commissioner) CALIFORNIA FAIR POLITICAL PRACTICES COMNBSSION 428 J Street, Suite 800 P.O. Box 807 Sacramento, California 95804 (916) 322-5660 January 18, 1995 A GUIDE TO THE POLITICAL REFORM ACT OF 1974 CALIFORNIA'S CONFLICT OF INTEREST LAW FOR PUBLIC OFFICIALS (Other Than Members of the Legislature, Constitutional Officers and the Insurance Commissioner) INTRODUCTION The purpose of this pamphlet is to provide a brief overview of the conflict of interest provisions of the Political Reform Act.1/ The Political. Reform Act requires public officials at all levels of government to -publicly disclose their private economic interests and to disqualify themselves from participating in decisions in which they have a financial interest. This pamphlet is intended to help public officials understand and abide by the laws concerning disclosure and disqualification. It is also intended as a guide for members of the public who are concerned about maintaining impartial government decisionmaking. The pamphlet commences with an introduction to the Fair Political Practices Commission and the Political Reform Act. It then summarizes the disclosure and disqualification requirements for public officials, and explains how to seek assistance from the Fair Political Practices Commission concerning conflict of interest questions. The pamphlet concludes with a brief description of Government Code Section 1090 and other laws which relate to conflicts of interest, and suggests methods of obtaining' additional information about those laws. The discussion in this pamphlet is necessarily general. It will answer most of the basic questions about the conflict of interest provisions of the Political Reform Act. If you have specific questions or problems, you should consult the statutes, regulations, court decisions and the opinions of the Fair Political Practices Commission. The Fair Political Practices Commission will provide assistance with specific questions about the Political Reform Act. You also may wish to refer the matter to the attorney for the agency in question or to a private attorney for consultation on specific requirements of the law. FAIR POLITICAL PRACTICES COMMISSION The Fair Political Practices Commission consists of five members, including a full-time chairperson. No more than three may be from the same political party. The chairperson and one member, who must be from different political parties, are appointed by the Governor. The three remaining commissioners are appointed, respectively, by the Attorney General, the Secretary of State and the Controller. Commissioners serve four-year terms and may not be reappointed once they have completed a full term. 1 The Fair Political Practices Commission has primary responsibility for the impartial, effective administration of the Political Reform Act. The Commissionadopts regulations to implement and clarify the Political Reform Act. These regulations are found in Title 2 of the California Code of Regulations, Section 18000 et seq. The Commission also issues opinions and advice letters, conducts seminars, prescribes forms, publishes manuals, issues reports, and enforces the requirements of the Political Reform Act. THE POLITICAL REFORM ACT The Political Reform Act was enacted by the people of the State of California by an initiative, known as Proposition 9, in 1974. This initiative statute was enacted to accomplish the following purposes: (a) Receipts and expenditures in election campaigns should be fully and truthfully disclosed in order that the voters may be fully informed and improper practices may be inhibited. (b) The activities of lobbyists should be regulated and their finances disclosed in order that improper influences will not be directed at public officials. (c) Assets and income of public officials which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided. (d) The state ballot pamphlet should be converted into a useful document so that voters will not be entirely dependent on paid advertising for information regarding state measures. (e) Laws and practices unfairly favoring incumbents should be abolished in order that elections may be conducted more fairly. (f) Adequate enforcement mechanisms should be provided to public officials and, private citizens in order that this title will be vigorously enforced.2/ This pamphlet is a guide to the conflict of interest. provisions of the Political Reform Act. HOW DOES THE POLITICAL REFORM ACT PREVENT CONFLICTS OF INTEREST? 1. By Disclosure: The Political Reform Act requires every public official to disclose all economic interests, such as investments, interests in real estate (real property), or sources of 2 income or gifts, which the official may possibly affect by the exercise of his or her official duties. Disclosure is made on a form called a "statement of economic interests. "3/ 2. By Disqualification: If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from -making or participating in a- --- --- -- governmental decision, or using his or her official position to influence or attempt to influence a governmental decision.4/ WHO MUST FILE STATEMENTS OF ECONOAUC INTERESTS UNDER THE POLITICAL REFORM ACT? The Governor, members of the Legislature, elected state and local officials, judges and commissioners of courts of the judicial branch of government, and all high ranking state and local officials must file statements of economic interests.5/ Other officials or employees of state and local government agencies also must file statements of economic interests if they are "designated" in a conflict of interest code adopted by the agency for which they work.6/ Each agency must adopt a conflict of interest code which designates all, its officials, or employees who make or participate in governmental decisions which could cause conflicts of interest.7/ Unpaid members of boards and commissions and consultants to state or local government agencies also maybe . required to file statements of economic interests if they make or participate in making governmental decisions which could affect private financial interests.8/ The disclosure required by a particular designated official or employee must be narrowly drawn -to include only the kinds of economic interests he or she could significantly affect through the conduct of his or her office.9/ For example, the executive officer of an agency with extensive regulatory powers, through the exercise of his or her official position, could affect a broad range of private economic interests. The executive officer would thus be required to disclose all . investments, interests in real property, sources of income, and business entities in which he or she is a director, officer, partner, trustee, employee or holds any position of management. In contrast,* an employee of the same agency whose duties are limited to reviewing contracts for supplies, equipment, materials, or services provided to the agency would be required to report only those interests he or she holds which are likely to be affected by the agency's contracts for supplies, equipment, materials, or services. The employee would report sources of income and business entities in which, he or she has an investment or is a director, officer, partner, trustee, employee or holds any position of management, if the business entity or source of income is of the type which within the previous two years has provided supplies, equipment,, materials, or services to the agency. Each government agency has a list of all agency officials and employees who must file statements of economic interests. 10/ Anyone may inspect the conflict of interest code and this list. The Commission's Technical Assistance Division provides assistance'to public officials who have questions regarding the forms for disclosure of economic interests. Questions about the 3 adoption or amendment of an agency's conflict of interest code may also be addressed to the Commission's Technical Assistance Division. ARE STATEMENTS OF ECONOMIC INTERESTS AVAILABLE TO THE PUBLIC? Statements of economic interests are public records. Any member of the public must be permitted to inspect and copy any statement during normal business hours. No more than 10 cents per page may be charged for copies. In addition, a $5 retrieval fee per. request may be charged for statements which are five or more years old. A request for more than one report or statement at the same time is considered a single request. No other conditions may be imposed on inspection and copying. No one 'may be required to identify himself or herself or sign anything in order to be permitted to inspect or copy statements.I I/ Statements of economic interests must be kept on file by the official's or employee's agency and made available upon request. 12/ Statements of certain officials, including elected state officials, members of the Legislature, judges, court commissioners, most high ranking state' officials, many elected local officials, planning commissioners, city and county chief administrative officers, city managers, city attorneys, county counsel and city and county treasurers are also available at the office of the Fair Political Practices Commission. 13/ WHO MAY BE DISQUALIFIED UNDER THE POLITICAL REFORM ACT? • The disqualification requirements of the Political Reform Act apply to all elected state and local government officials, to all appointed state or local government officials, and to all governmental agency employees, except judges and court commissioners. 14/ Unpaid members of boards or commissions and consultants to state or local government agencies who, on an. ongoing basis, play a significant role in the decisionmaking process may also be required to disqualify themselves under the Act when faced with a decision that could affect their private economic interests. 15/ WHAT IS A CONFLICT OF INTEREST? A public official or employee has a conflict of interest when all of the following occur: 1. The official makes, participates in, or uses his or her official position to influence a governmental decision; 2. It is foreseeable that the decision will affect the official's economic interest; 3. The effect of the decision on the official's economic interest will be material; 4. The effect of the decision on the official's economic interest will be distinguishable from its effect on the public generally. C, Participation in a Governmental Decision: The first component of a conflict of interest is whether the official makes, participates in, or uses his or her official position to influence a governmental decision. -Generally speaking, a governmental decision is any decision made by a government body or by a government official or employee in his or her official capacity - Governmental - decisions apacity.Governmental_decisions include:__: decisions. on_ordinances,. regulations- and -resolutions;-decisions- on contract awards, purchases and leases; decisions on Hiring, firing and personnel actions; decisions on land use, zoning, *redevelopment plans, permits and variances; and decisions on any other matter which may come before a state or local government agency. ,16/ A public official makes a governmental, decision when he or she, acting within the authority of his or her office, does any of the following: ® Votes on a matter. ® Appoints a person. ® Obligates or commits his or her agency to any course of action. ® Enters into any contractual agreement on behalf of his or her agency. ® Determines not to act in any of the ways described above, unless that determination is made because the official has disqualified himself or herself due to a conflict of interest. 17/ For example, a public official makes a governmental decision when he or she votes as a member of a board, commission or council on any governmental decision, regardless of the outcome of the vote. Whether the official votes for or against the action, or for or against his or her economic interest, the official makes a governmental decision when he or she votes on the decision. In addition, public officials, including heads of departments, directors of agencies, and employees of state or local government agencies, make governmental decisions when they take'or authorize any official action on behalf of their agencies. A determination that an agency will not take a particular action is also a governmental decision. A public official participates in a governmental decision when he or she responds to comments, takes part -in discussions, advises or makes recommendations to a decisionmaker, whether or not the decisionmaker ultimately follows the official's advice. 18/ 'A consultant who is under contract with a government agency to make decisions on behalf of the agency may be a public official. 19/ Whether a consultant makes a governmental decision depends on the duties of the consultant. Specific questions on this subject should be addressed to the Commission staff. A public official who negotiates on behalf of his or her agency with any other public or private agency or with any person outside his or her agency concerning'a governmental decision participates in that decision.20/ An official whose actions are solely ministerial, secretarial, clerical or manual does not make or participate in governmental decisions.21/ I A public official influences or attempts to influence a governmental decision when the official I appears before any governmental agency in his or her official capacity and urges that a particular governmental decision be made. Contacts with any individual within -a government agency for the purpose of urging a particular decision or result are also considered influencing or attempting to influence a governmental decision.22/ A public official can sometimes influence a governmental decision when acting in a private, as well as- in an official capacity. For example, an official who appears as the representative of a third party before the official's own agency is influencing or attempting to influence a governmental decision. This would also* be true if the official appears before an agency subject to the appointive or budgetary control of the official's agency to represent a third party.23/ The following actions by an official are not considered influencing or attempting to influence a governmental decision: Appearing before any agency, including his or her own agency, in the same manner as any other member of the general public, to represent only himself or herself on a matter affecting real property or a business entity wholly owned by the official, his or her spouse or dependent children.24/ 0 Appearing as 'a private citizen before an agency that is independent of the appointive or budgetary control of the official's own agency. The official must not act or purport to act as the representative of his or her own agency, or use his or her agency's official stationery in any communications.25/ ® Communicating with the general public or the press.26/ - Foreseeability: The second component of a conflict of interest is whether it is foreseeable that the decision will affect the official, the official's immediate family, or the official's economic interest. For example: The decision affects the. official's personal financial status, or that of his or her spouse or dependent children.27/ This does not apply, however, to decisions which affect the official's own government salary., It applies to any decision which affects the government salary of an official's spouse only if the decision is to hire, fire, promote, demote or discipline the spouse, or to set a salary for the spouse that is different from salaries paid to other employees in the same job classification or position.28/ The decision affects a business entity located in, doing business in, owning real property in, or planning to do business in the official's jurisdiction, and the official, or his or her spouse or dependent child has an investment in the business worth $1,000 or more.29/ Investments in a business entity include: ownership of stock, bonds, or commercial paper; M. a general or limited partnership interest; or any other form of ownership interest in a business entity. Investments do not include: bank accounts; interests in mutual funds, money market funds, or insurance policies; or government bonds or securities. -30/ Business entities include: corporations; partnerships; joint ventures; sole proprietorships; and any other type of enterprise operated for a profit. A nonprofit organization is not a business entity.3I/ ® The decision affects real estate (real property.) located in the official's jurisdiction and the official, or his or her spouse or dependent child, has an.interest of $1,000 or more in -that real estate.32/ Interests in real property include: ownership (equity); deeds of trust (mortgages); leaseholds; options to buy; and joint tenancies.33/ A month-to-month lease is not an interest in real property.34/ The decision affects a person, business entity, or nonprofit entity located in, doing business in, owning real property in, or planning to do business in the official's jurisdiction from which the official has received income of $250 or more, or the official's spouse has received income of $500 or more, in the past 12 months.35/ With certain exceptions, income includes: salaries; commissions; rents; payments received for goods or services (including payments for sale of a home, automobile or investment); loans (including loans previously made but still outstanding); and all other types of payments.36/ Income means gross income or payments received, rather than'net income, profits or taxable income.- Income ncome:Income does not include: the official's own government salary; inheritances; dividends, interest or premiums from publicly traded stock, mutual funds, bank accounts, credit unions or insurance policies; alimony or child support; loans of $10,000 or less from banks, credit unions, or credit cards on terms generally available to the public; mortgages on a principal residence on terms generally available to the public; loans from family members; or most pensions.37/ ® The decision affects a person, business entity, or nonprofit entity from whom the official has received gifts of $280 or more in the past 12 months.38/ This includes gifts from sources inside and outside the official's jurisdiction, except for gifts from specified family members. 39/ Gifts provided to the official's spouse or children may be considered gifts to the official under some circumstances.40/ The decision affects a business entity, other than a nonprofit organization, in which the official is a director, officer, partner, trustee, employee or holds a position of managementA l/ In order to create a conflict of interest, the effect of a governmental decision on an official's economic interest must be reasonably foreseeable.42/ An effect on an official's economic interest is foreseeable when there is a substantial likelihood that it will ultimately occur as a result of a governmental decision. Even during the preliminary phases of a decision, an official must 7 consider whether the end result of a decision is likely to affect his or her economic interests. An effect does not have to be certain to be foreseeable; however, if an effect is a mere possibility, it is not foreseeable.43/ Materiality: The third component of a conflict. of interest is whether the effect of the decision on the official's economic interest will be material.44/ It is usually necessary to estimate the dollar value of the effect of a decision on the off'icial's economic interest to determine whether the effect is material. Specific circumstances under which an effect is material are set forth in the Commission's regulations.45/ An effect of $250 or more in any 12 -month period on the.personal income, assets (other than real estate), or out-of-pocket expenses of the official, or of his or her spouse or dependent children, is material.46/ For purposes of determining whether there is a conflict of interest, it does not matter whether the financial effect increases or decreases the personal income, assets, or expenses. When an official has an investment in, or receives income from, a business entity, it is necessary to consider how governmental decisions would affect the business entity. An official may be disqualified from participating in a decision even though the decision would not affect the value of his or her investment or the amount of income he or she receives:47/ Whether an effect on a business entity will be considered material depends on the financial size of the business entity.48/ For example, an effect of only $10,000 on the gross revenues or assets of a small business is material,49/ while a $1 million effect on the gross revenues or assets of a Fortune 500 company is material.5.0/ Similar dollar tests apply to individuals and nonprofit entities which have been a source of income or gifts.51/ A similar dollar test also applies to effects on real property when the property is not directly affected by the decision.' Whether an effect on such real property will be considered material depends on its distance from the -property which is the subject of the decision and the dollar amount of the effect. For example, property within 300 feet of the property which is the subject of the decision is materially affected unless there is no financial effect. Property located within a 300 - 2500 foot radius of the property which is the subject of the decision is materially affected if its fair market value is increased or, decreased by $10,000, or if its rental value is increased or decreased by $1,000 per 12 month period.52/ The effect of a decision on an official's leasehold interest in real property'is material if it will increase; or decrease the amount of rent by $250 or 5 percent during any 12 month period, or if the decision will significantly affect the use or enjoyment of the property or its legally allowable use.53/ Sometimes it is difficult to give a dollar value to the effect of a governmental decision. In such cases, it is necessary to consider'whether the decision could significantly affect the official's economic interests. 54/, For example, the effect may be material if the official's receipt of income from a private source is directly related to the decision.55/ In special situations, an effect is considered material regardless of its dollar value. These situations include the following: A person or business entity in which the official has an investment interest worth $1,000 or more, or which is a source of income of $250 or more to the official -in the last 12 months, is directly involved in a decision before the official's agency.56/ A person or business entity is directly involved in a decision before an official's agency if it is the subject of the proceeding or initiates the proceeding by filing an application, claim, appeal or similar request.57/ The decision would affect the zoning, annexation, sale, lease, actual or permitted use of, or taxes or fees imposed on real property in which the official has an interest of $1,000 or more.58/ The decision is to designate the survey area, select the project area, adopt the preliminary plan, form a project area committee, certify the environmental document, adopt the redevelopment plan, add -territory to the redevelopment area, or rescind or amend any of these decisions; and the official has an interest in real property in the boundaries, or the proposed boundaries of the redevelopment area.59/ The "Public Generally" Exception: The fourth component of a conflict of interest is whether the effect of the decision on the official's economic interest will be distinguishable from its effect on the public generally.60/ An official does not have a conflict of interest if the effect of a governmental decision on the official or his or her economic interest is indistinguishable from the effect on the public generally. For the "public generally" exception to apply,. a decision must affect the official's interests in substantially the same manner as it would affect a significant segment of the public. Regulation 18703 sets.out two types of tests to determine what constitutes a "significant segment" of the public generally. Under the percentage test, ten percent of the population, property owners, or home owners in the jurisdiction (or the district the official represents) is considered a significant segment.61/ In the alternative, the exception will apply if the decision will affect 50 percent of all businesses in the jurisdiction or the district the official represents, so Ion g as the segment is composed of persons other than a single industry, trade, or profession. Regulation 18703 also contains a raw -number standard. If the decision will affect 5,000 individuals, it will affect a significant segment. Wt In September 1993, the "public generally" exception was expanded to include a variety of new exceptions, each dealing with a different factual situation. ® Regulation 18703(b) codifies a special rule for rates, assessments, and similar decisions.62/ The exception allows public officials whose economic interests are subject to rates, assessments, etc., to participate in decisions setting or modifying the rate or assessment so Tong as the changes have a uniform or proportionate financial effect throughout .the jurisdiction or throughout a significant segment of the jurisdiction. ® Regulation 18703(c) provides an exception applicable to states of emergency. ,The financial effect of a governmental decision on an official subject to a state of emergency is indistinguishable from its financial effect on the public generally if the decision will affect the official's interests in substantially the same manner as other persons subject to a state of emergency:63/ Regulation 18703.2 provides an exception for decisions affecting industries, trades or professions, under some circumstances. For example, where an industry, trade, or profession is a predominant industry, trade, or profession in the official's jurisdiction, the ; "public generally" exception may apply. Regulation 18703.3 provides an exception for persons appointed to represent specific economic interests such as election districts, homeowners, tenants, etc., so long as specific criteria are met.64/ This exception has been applied to. some local private industry councils and mobile home rent control boards.. Public Generally Rule for Small Jurisdictions: Additionally, in small jurisdictions (population of 25,000 or less and geographic area of 10 square miles or less) the effect of a decision on an official's principal residence is deemed to be no different from its effect on the public generally if all the following requirements are also met: The public official is required to reside within the jurisdiction. ® The public official, if he or she is an elected officer, has been elected in an at -large election. ® The decision does not have a direct effect (as provided in Regulation 18702.1 (a) (3)) on the public official's principal residence. ® The principal residence is more than 300 feet from the boundaries ofthe property which is the subject of the decision. 10 The principal residence is -located on a parcel of land of one quarter'acre or less, or a residential lot not larger than 125 percent of the median residential lot size for the jurisdiction. 65/. In summary, there -are four questions to ask in determining whether an official -has -a -- conflict of interest: 1. Will the official make, participate in, or use his or her official position to influence a governmental decision? 2. Is it reasonably foreseeable that the decision will affect the official, the official's immediate family, or an economic interest of the official? 3. Will the effect of the decision on the official's economic interest be material? 4. Will the effect of the decision on the official's economic interest be distinguishable from its effect on the public generally? The answer to each of these four questions must be "yes" for the official to be disqualified from a decision because of a conflict of interest. WHAT SHOULD A PUBLIC OFFICIAL WHO HAS A CONFLICT OF INTEREST DO? When a public official determines that a particular governmental decision will foreseeably and materially affect his or her economic interest, in a manner that is different from the effect on the general public, the official has a conflict of interest: 'The official is not counted for purposes of establishing a quorum; and must not vote on, make, participate in any way in, or attempt to influence the decision.66/ This is called disqualification. When an official disqualifies himself or herself from a governmental decision because of a conflict of interest, the reason for the disqualification must be announced (in the case of a member of a voting body), or disclosed in writing (in the case of all other officials).67/ IS A GOVERNMENTAL DECISION VALID IF IT WAS MADE BY AN OFFICIAL WHO HAD A CONFLICT OF INTEREST? A governmental decision is not automatically invalidated by the participation of an official who had a conflict of interest. However, it may be set aside by a court if the court determines that an official who made the decision had a conflict of interest, that without that official's actions the decision would not have been made, and that setting aside the decision will not cause injury to innocent persons.68/ MAY A PUBLIC OFFICIAL EVER MAKE A DECISION IN WHICH HE OR SHE HAS A DISQUALIFYING FINANCIAL INTEREST? The law recognizes a type of "rule of necessity" for those rare situations in which a public official is legally required to make or participate in a decision, even though the official has a disqualifying financial interest.69/ This rule is different from the common law "rule of necessity." It applies only when: (1) no one else has the legal authority to make or participate in the decision/ (2) the existence and nature of the official's financial interest is put on the public record, and (3) the official does not try to influence the decisions of others outside of a public meeting.71/ In such a case, the Political Reform Act allows the official to make or participate in the decision. Pursuant to this rule, an official is not legally required to make or participate in a decision simply because the official's vote is needed to break a tie, or because the official is needed for a quorum as a result of some other official's absence.72/ However, if so many members of an agency are disqualified because of conflicts of interest that no decision is possible because a quorum of qualified members cannot be convened, there is a procedure for allowing some officials who have a disqualifying financial interest to vote.. In that case, the additional number of officials necessary to constitute a quorum may be selected by drawing lots, or through some other method of random selection.73/ The officials selected may vote and make statements or ask questions during a public meeting.74/ WHAT ARE THE PENALTIES FOR VIOLATION OF THE CONFLICT OF INTEREST PROVISIONS OF THE POLITICAL REFORM ACT? The Fair Political Practices Commission can bring an administrative action against an official who has violated the disclosure or disqualification requirements of the Political Reform Act, and may impose administrative penalties of up to $2,000 for each violation.75/ An official who violates the Act may be subject to a civil lawsuit, in which a court may impose a fine.76/ A willful violation of the Act is also a misdemeanor, punishable by a fine and/or by imprisonment; it also may result in the official being ineligible to run for public office for four years.77/ The fine for a willful conflict of interest violation maybe up to $10,000; the fine for willfully failing to disclose an economic interest may be up to $10;000 or three'times the amount not disclosed, whichever is greater.78/ These penalties apply to violations of the disclosure requirements of the Act by any public official.79/ However, they do not apply to violations of the disqualification provisions of the Act by the Governor, other constitutional officers or members of the Legislature. 80/ They do apply to disqualification violations by all other public officials. HOW CAN A PUBLIC OFFICIAL FIND OUT IF HE OR SHE HAS A CONFLICT OF INTEREST? When a public official suspects that he or she may have a conflict of interest in an upcoming decision, the attorney for the official's agency should be consulted. The official can also ask the Legal Division of the Fair Political Practices Commission for advice. Requests for 12 written advice are generally answered within 21 working days, 81/ although written or: telephone advice may be given more quickly in urgent situations. If an official poses a question which is unusually complex, significant or unique, the full Commission may issue an opinion, although this. process takes longer.82/ The Commission, provides advice only about the Political Reform Act; the Commission wll_not answer questions, about Government Code. Section _1090: or other laws ._ which are not part of the Political Reform Act. If the Commission advises an.official in writing that disqualification is not necessary, and the official has truthfully provided all material facts, the official is provided with immunity against any administrative action brought by the Commission arising from the same conflict of interest charges. Reliance on the written advice also serves as evidence of good faith conduct in any civil or criminal proceeding based on the same charges.83/ The Commission'may only issue opinions or give advice regarding conflicts of interest to the official who may have to be disqualified, or to the official's authorized representative. 84/ Advice about specific situations will not be given to members of the public, or to other persons who are interested in whether or -not an official should be disqualified from the specific decision. In addition, the Commission will not issue an opinion or provide advice about an off'icial's past conduct. These questions are referred to the Enforcement Division of the Fair Political Practices Commission. Whether a public official has committed a violation of the Political Reform Act is determined after investigation by the Commission's Enforcement Division. All Commission regulations, opinions and enforcement decisions are published by the California Continuing Education of the Bar. Virtually all advice requests and advice letters are public records.85/. Opinions, ,significant advice letters and enforcement cases are summarized in the Commission's Bulletin which is distributed regularly. Copies of opinions, advice letters and enforcement decisions can be obtained from the Commission. WHAT SHOULD YOU DO IF YOU SUSPECT THAT A PUBLIC OFFICIAL HAS VIOLATED THE CONFLICT OF INTEREST PROVISIONS OF THE POLITICAL REFORM ACT? Complaints concerning violations of the conflict of interest provisions of the Political Reform Act should be made to. the local district attorney or the Enforcement Division of the Fair Political Practices Commission. CAMPAIGN CONTRIBUTIONS AND GOVERNMENTAL DECISIONMAKING. The Political Reform Act also contains Government Code Section 84308, a provision which deals specifically with conflicts of interest and campaign contributions. Government Code Section 84308 is discussed in detail in a pamphlet entitled "A Guide to Government Code Section 13 84308 --Conflicts of Interest and Campaign Contributions. This pamphlet is available from the Fair Political Practices Commission. GOVERNMENT CODE SECTION 1090 AND OTHER LAWS. Government Code Section 1090 and other laws not included in the Political Reform Act apply to specific situations where public officials may have conflicts of interest. For example, Government Code Section 1090 applies to conflicts of interest involving contracts made by officials of public agencies, and Health and Safety Code Section 33130 applies only to certain redevelopment situations. The Fair Political Practices Commission has no authority to advise public officials about the application of these laws, or to enforce them: That responsibility belongs to city attorneys, county counsel other public agency attorneys, district attorneys, and the State Attorney General. 14 NOTES (All statutory references are to the Government Code unless otherwise specified. Commission regulations appear at 2 California Code of Regulations, Sections 18000-18954.) 1/ Sections 81000-91015. 2/ Section 81002. 3/ Art. 2 (commencing with Section 87200), Art. 3 (commencing with Section.87300), and Art. 5 (commencing with Section 87500), Ch., 7, Title 9, govern disclosure. 4/ Art. 1 (commencing with Section 87100), Ch. 7, Title 9, governs disqualification. 5/ Section 87200. 6/ Art. 3 (commencing with Section 87300), Ch. 7, Title 9. 7/ Section 87300. 8/ See, Commission on Cal State Gov. Organization v. Fair Political PracticeCom. (1977) 75 Cal.App.3d 716; In re Siegel (1977) 3 FPPC Ops. 62; In re Leach (1978) 4 FPPC Ops. 48. 9/ Regulation 18730(b)(3); Hays v. Wood (1979) 25 Ca1.3d 772. 10/ Section 87302(a). 11/ Section 81008. 12/ Section 81009. 13/ Section 87500. • 14% Sections 82048 and 87100. 15/ Section 82019; Regulation 18700; In re Malonev (1977) 3 FPPC Ops. 69. 16/ Section 87100; Sections 18700 and 18700.1. 17/ Regulation 18700(b). 18/ Regulation 18700(c). 19/ Regulation 18700(c)(2). 15 20/ Regulation 18700(c)(1). 21/ Regulation 18700(d). 22/ Regulation 18700.1. 23/ Regulation 18700.1. 24/ Regulation 18700.1 (b)(1). 25/ Regulation 18700.1 (c). 26/ Regulation 18700.1 (b)(2). 27/ Section 87103. 28/ Section 82030(b)(2); Regulation 18702.1(c)(1). 29/ Section 87103(a). 30/ Section 82034. 31/ Section 82005'. 32/ Section 87103(b). 33/ Section 82033. 34/ Regulation 18233. 35/ Section 87103(c)... 36/ Section 82030(a). 37/ Section 82030(b). 38/ Section 87103(e). 39/ Sections 82028 and 8203.0(a). 40/ Regulation 18944. 41/ Sections 87103(4) and 82005. 16 42/ Section 87103. 43/ In re Thorner (1975) 1 FPPC Ops. 198; 3EM v. Morr (1977) 70 Ca1.App.3d 817.- Downg!y Cares v. Downey Community Development Commission (1987) 196 Cal.App.3d 983. 44/ Section 87103. 45/ Regulations 18702 through 18702.6. 46/ Regulation 18702.I(a)(4). 47/ Witt v. Morrow (1977) 70 Cal.App.3d 817. 48/ Regulation 18702.2. 49/ Regulation 18702.2(g). 50/ Regulation 18702.2(a). 51/ Regulations 18702.5 and 18702.6. 52/ Regulation 18702.3. 53/ Regulation 18702.4, 54/ Regulation 18702(b). 55/ Regulation 18702.1(d). 56/ Regulation 18702.1(a)(1) and (2). 57/ Regulati6n 18702.1(b). 58/ Regulation 18702.1(a)(3). 59/ Regulation 18702.1(a)(3). 60/ Section 87103; Regulation 18703; In re Legan (1985) 9 FPPC Ops. 1. 61/ The exception may be applied against an election district rather than the jurisdiction as a whole. For example, 10 percent of the official's election district would be considered a significant segment. 17 62/ Regulation 18703(b); I-Eckling Advice Letter, No. A-94-192. 63/ Regulation 18703(c); Kohn Advice Letter, No. A-93-447. 64/ Regulation 18703.3; Larsen Advice Letter, No. 1-94-110. 65/ Regulation 18703.1 66/ Section 87100; In re Biond6.(1975) I FPPC Ops. 54. 67/ Regulation 18700(b)(5). 68/ Section 91003(b); Downey Cares v. Downey Community Development Commission (1987) 196 Cal.App.3d 983. 69/ Section 87101. 70/ Affordable Housing Alliance v. Feinstein (1986) 179 Cal.App.3d 484; In re Hudson (1978) 4 FPPC Ops. 13. 71/ Regulation 18701; In re Brown (I 978) 4 FPPC Ops. 19. 72/ Section 87101; Regulation 18701(c). 73/ In re Hudson (1978) 4 FPPC Ops. 13. 74/ Regulation 18701 (b)(4). 75/ Section 83116. 76/ Sections 91005(b) and 91005.5. 77/ Sections, 91000 and 91002. 78/ Section 91000(b). 79/ Section 91013 also imposes late filing fees on officials who fail to file timely statements of economic interests. 80/ Section 87102. 81/ Section 83114(b); Regulation 18329. 18 82/ Section 83114(a); Regulations 18320-18326. 83/ Section 83114(b). - 84/ 3114(b).84/ Section 83114; Regulations 18320 and 18329. 85/ Sections 6250-6265. 19 SUBJECT PAGE Introduction................................................ I Historyof Diamond Bar ........................,........ 2 DiamondBar Form of Government .,..........,,.......... 2 CityAdvisory Bodies .................................. 3 CityStaff ..,,........,.,.............,............... 3 Planning Commission Membership and operations ................ 4 Purpose....^.,....~...,,....,~,,,,,,,,,,,,,,,,,.,,,,,, 4 Responsibilities.,...................~,.,~,,,~,,,,,,,, 4 Membership.............,............................... 4 Effectiveness.....,...........,........,.............. b Officers............^....,.....,,....,................ 7 Quorum.......,....,~....~..._..,,,,,,,,,,,,,,,,~,,,~,, 7 AgendasFor Meetings ,...........,.......,............. 8 Meetings....~..�..,...'..~.,.......,......,,...~,,,,,,,_ g Motions,.....,........~......,......,................. lO I,bnita±lozzs on Collecting Evidence Outaide theHearing ....,.,..~.........,,.....,.......,..... 12 AdjournedMeetings .........,....,,..........,.......... 12 specialmeetings ..,.~.~..............,..,............. 12 Studysessions ....,.................,..........,...... 12 Minutes..,........,.~....~~..~........................ 13 Planning Commission Recommendations ................... 13 Relations With City Council, Other commissions, Committees, and Staff ............... 13 Relations With Public ......................,........,, 14 Compensation/Travel Expenses ,.......................... 15 ConflictOf Interest ............. ...........~,,,,,,,,, 15 Disqualification From Commission Decisions ............. 18 BrAct ............................................. 19 California Environmental Quality Act June 10, 1996 Importance of Findings in Quasi-judicial Action ,...,... 26 Topaogo: The Cornerstone for Findings ............ 36 Definitions,....................,........,....... 26 ,,,,,,~,,,,,,,,,~~,,~,,~,,,,,,,,......... 26 Circumstances e Requiring Findings ...,.~..,...,.... 27 Preparation of Findings: A Question of Timing ..... 28 Summary: Bridging the Gap .........~..,~......... 29 8�ec�fio Action .........,....,..~...~..~,..,,,,,,~,,, 30 - Conditional Use Permit .....'..''.~.~~.~,...'.'.. 30 Variance.........,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 30 Tentative Tract Map or Parcel Map ................ 31 ZoneChange....,.....~.~~.....~...~~...~,...,..., 31 Summary,,,,,~.,,,,,,,,,,,,,,,,,,,,,,,,,,,..,~,,...^.... 32 Appendix A: The Brown Act .,.....'........�............ 1AAppendix���e���B: 2\ Guide To The Political Reform Act Of 1974 California's Conflict of Interest Law for June 10, 1996 - 11 L110041 9 9 M MITI 1:1 ky, Lel TO: CHAIRMAN AND PLANNING COMMISSION FROM: CATHERINE JOHNSON, SENIOR PLANNER SUBJECT: ITEM 9.1, DESIGN GUIDELINES SLIDE PRESENTATION DATE: OCTOBER 10, 1996 Design guidelines will be included as part of the * new Development Code. These guidelines will be prepared by the Planning staff, with the consulting firm providing, only review and guidance. The purpose of these guidelines will not be to impose rigid design standards in addition to adopted development standards, but to present general principles to aid developers in creating well designed projects that contribute to an attractive City image. The purpose of this presentation will be to illustrate some of the elements of good design as they are applied to commercial development, specifically shopping centers. These elements will be presented in several categories, including site planning, architecture, landscaping, hardscape amenities, walls and fences, lighting concepts and signage. Each of these categories will includes examples of design guidelines compiled from several sources, including Apple Valley's, Interim Design Guidelines, the Placer County Design Guidelines Manual, and the Professional and Commercial Design 'Guidelines from the City of Santa Fe. Slides of shopping centers will be presented which depict the good application of these examples. These guidelines are -intended as examples only and are not presented as draft guidelines for the City. SITE PLANNING BUILDINGS SHOULD, BE SITED TO BE COMPATIBLE WITH SURROUNDING DEVELOPMENT AND REFLECT COMMUNITY CHARACTER WHILE SUGGESTING UNIQUENESS AND QUALITY. GOOD SITE PLANNING FACILITATES EFFECTIVE VEHICULAR MOVEMENT IN TERMS OF BOTH PUBLIC SAFETY AND BUSINESS ACCESSIBILITY. BUILDINGS. AND ON-SITE CIRCULATION SYSTEMS ARE LOCATED TO MINIMIZE PEDESTRIAN/ VEHICLE CONFLICTS WHERE POSSIBLE. THE SPATIAL RELATIONSHIP OF THE BUILDINGSSHOULD PROVIDE FOR AND PROMOTE PEDESTRIAN ACCESS AND MOVEMENT IN AN ENVIRONMENT THAT REFLECTS A HUMAN SCALE. WHENEVER POSSIBLE BUILDINGS SHOULD BE CLUSTERED. THIS CREATES PLAZAS OR PEDESTRIAN MALLS AND PREVENTS LONG "BARRACKS LIKE" ROWS OF BUILDINGS. WHEN CLUSTERING IS IMPRACTICAL, A VISUAL LINK SHOULD BE ESTABLISHED BETWEEN BUILDINGS. THIS LINK CAN BE ACCOMPLISHED THROUGH THE USE OF AN ARCADE SYSTEM, TRELLIS OR OTHER OPEN STRUCTURE AS WELL AS-- - LANDSCAPING. SERVICE AND LOADING AREAS SHOULD BE LOCATED TO THE REAR OF THE BUILDINGS. ARCHITECTURE * BUILDING DESIGN SHOULD REFLECT LONG-TERM TRADITIONAL VALUES AND SHOULD RELATE TO THE COMMUNITY CHARACTER. FANTASY THEMES IN BOTH DESIGN AND COLOR SHOULD BE AVOIDED. * BUILDINGS SHOULD REFLECT A SENSE OF BALANCE AND PROPORTION COMMON TO THE ARCHITECTURAL STYLE BEING USED IN BOTH EXTERIOR FORMS SUCH AS BUILDING MASSING AND ROOF DESIGN, AND THE PLACEMENT OF INTERNAL ELEMENTS SUCH AS WINDOWS, DOORS AND PEDESTRIAN AMENITIES. * WINDOWS, DOORS, WALL VENTS, STAIRWAYS AND OTHER ARCHITECTURAL FEATURES SHOULD BE HIGHLIGHTED AND TREATED IN A DECORATIVE MANNER TO BREAKUP FLAT SURFACES THAT CREATE MONOTONY. BUILDING CUTOUTS, OVERHANGS AND BUILDING STAGGERING IS ENCOURAGED. * THE ARCHITECTURAL TREATMENT OF BUILDINGS SHOULD EXTEND TO ALL VISIBLE SIDES. * ALL ROOF -MOUNTED, GROUND -MOUNTED, AND WALL MOUNTED UTILITY AND MECHANICAL EQUIPMENT SHOULD BE UNDERGROUND OR SCREENED AS MUCH AS POSSIBLE WITH " AN INTEGRAL PART OF THE BUILDING DESIGN:" BUILDING ACCESSORY EQUIPMENT SHOULD BE INCORPORATED WITH THE STRUCTURE AND SHOULD AVOID A "TACKED ON" LOOK. * THE SCALE OF THE BUILDING SHOULD BE CONSISTENT THROUGHOUT THE DEVELOPMENT. WHERE ANCHOR OR MAJOR TENANTS REQUIRE LARGER BUILDING AREAS, THE LARGER SCALE OF THESE UNITS SHALL BE BROKEN-DOWN INTO UNITS COMPARABLE TO THE PREDOMINANT UNIT IN THE DEVELOPMENT. * RECESSES THAT PROVIDE SHADE AND CREATE AN INTERPLAY OF LIGHT AND SHADOW, SUCH AS COVERED WALKWAYS, COLONNADES, ARCADES AND OPENINGS THAT CREATE INTEREST ARE DESIRABLE._ * SMALL PLAZA AREAS, ARBOR -LIKE FACILITIES, COURTYARDS, ARTIUMS AND OUTDOOR GATHERING AND EATING AREAS ARE DESIRABLE BECAUSE THEY CREATE FOCAL POINTS AND A PEDESTRIAN FOCUS WHICH IN TURN CREATES A SENSE OF A COMMUNITY GATHERING PLACE WITHIN THE COMMERCIAL CENTER. LANDSCAPING * LANDSCAPING SHOULD BE PROVIDED THAT SOFTENS .BUILDING.. _ _ . BULK_ _ __.WITHOUT . __ _ .HIDING .._ _._SIGNAGE OR ARCHITECTURAL FEATURES. * LANDSCAPING SHOULD BE USED TO BREAKUP OTHERWISE INTERRUPTED BUILDING MASS, FRAME VIEWS, AND CONNECT WITH DEVELOPMENT ON ADJACENT PADS. * PARKING LOT LANDSCAPING SHOULD BE PROVIDED TO REDUCE THE VISUAL IMPACT OF PARKING AREAS, UTILIZING, HEDGES, BERMING, PLANTED ISLANDS AND FINGERS. * STRATEGICALLY PLACED TREE WELLS SHOULD BE UTILIZED TO OPTIMIZE PARKING LOT SHADING AND ACCENTING OF ARCHITECTURAL FEATURES. * BUILDINGS AND PARKING AREAS SHOULD BE SETBACK FROM PROPERTY LINES TO PROVIDE ADEQUATE LANDSCAPING AND RELIEF FROM THE STREET EDGE. * LANDSCAPED SETBACKS SHALL BE UTILIZED TO BUFFER COMMERCIAL DEVELOPMENT FROM ADJACENT USES, PARTICULARLY RESIDENTIAL AND TO SOFTEN PROJECT EDGES. HARDSCAPE AMENITIES * HARDSCAPE ELEMENTS SHOULD BE USED IN COORDINATION WITH THE ARCHITECTURE AND LANDSCAPING TO PROVIDE A LINK BETWEEN THE STREET EDGE AND INDIVIDUAL DEVELOPMENTS. * ATTENTION TO HARDSCAPE DETAILS SHOULD CREATE A STRONG SENSE OF COMMUNITY BY RELATING INDIVIDUAL BUILDINGS TO AN OVERRIDING THEME. * HARDSCAPE MATERIALS SHOULD BE UTILIZED AS A THEMATIC ACCENT TO SITE ARCHITECTURE. MATERIALS USED IN CONSTRUCTION OF STREET FURNITURE SHOULD COMPLIMENT ARCHITECTURAL MATERIALS USED ON ADJACENT BUILDINGS AND SHOULD BE RESTRICTED TO A COMMON DESIGN. TRASH RECEPTACLES AND OTHER MINOR DETAILS MUST RELATE TO THE ARCHITECTURAL STYLE OF THE BUILDINGS.. * ENRICHED PAVING TREATMENT SHOULD BE USED FOR MAJOR ENTRIES INTO THE SITE AND INTERSECTIONS TO HIGHLIGHT KEY AREAS OF THE STREETSCAPE. PAVING TREATMENTS AT BUILDING ENTRY PLAZA AREAS, BUILDING APPROACHES, DRIVEWAYS, CROSSWALKS 'AND VEHICULAR DROP OFF AREAS IS ENCOURAGED. * WATER FEATURES, SUCH AS FOUNTAINS OR PONDS, AND SCULPTURE CREATE VISUAL EXCITEMENT AT PROJECT AND BUILDING ENTRY AREAS AND COURTYARDS. THEY SHOULD BE USED AS MEDITATIVE FOCAL POINTS ALONG PEDESTRIAN AREAS OR FOR VIEWS FROM BUILDING WINDOWS. WALLS AND FENCES * WALLS, OR RETAINING WALLS AND FENCES SHOULD -REINFORCE ___ COMMUNIT--Y - --- IDENTI-T-Y_ AND _ IMAGE CONSTRUCTION MATERIALS AND COLORS SHOULD BE CONSISTENT WITH THE PROJECT ARCHITECTURE. THE MATERIAL, STYLE AND HEIGHT OF WALLS AND FENCES SHOULD PROVIDE AN ELEMENT OF CONTINUITY THROUGHOUT THE COMMERCIAL CENTER TO ENSURE A VISUAL CONTINUITY. WHERE APPLICABLE, FENCING SHOULD ALSO BE SENSITIVE TO ADJACENT PROPERTY USES, PROVIDING SCREENING AND BUFFERING. LIGHTING CONCEPT LIGHTING SHOULD CONSIDER THE COMMUNITY ARCHITECTURAL THEME AS WELL AS THE SAFETY OF THE SITE USERS. LIGHT STANDARDS SHOULD BLEND ARCHITECTURALLY WITH BUILDINGS, PEDESTRIAN AREAS AND OTHER HARDSCAPE ELEMENTS. DESIGN AND PLACEMENT OF SITE LIGHTING MUST MINIMIZE GLARE AFFECTING ADJACENT PROPERTIES, BUILDINGS AND ROADWAYS THROUGH THE USE OF LOW RISE LIGHT.STANDARDS EMPHASIZING A HUMAN SCALE. SIGNAGE ...A SIGN -PROGRAM SHOULD PROVIDE A CONSISTENT THEME THROUGHOUT A COMMERCIAL CENTER. A GOOD SIGN PROGRAM INCREASES THE SENSE OF ORDER AND UNITY IN A CENTER AND INCREASES LEGIBILITY BECAUSE THE EYE DOESN'T HAVE TO ADJUST TO A VARIETY OF SIGN STYLES, SIZES AND COLORS. SIGNAGE SHALL BE COMPLEMENTARY TO THE EXTERIOR TREATMENT OF THE BUILDING OR LOCATION. COLOR SCHEMES FOR SIGNAGE SHALL RELATE TO OTHER SIGNS, GRAPHICS AND COLOR SCHEMES IN THE CENTER IN ORDER TO ACHIEVE AN OVERALL SENSE OF IDENTITY. To: From: Subject: Date: CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM Chairman and Planning Commissioners James DeStefano, Community Development REDEVELOPMENT PROJECT AREA - Schedule of Actions and Study Area Map October 10, 1996 IVA. As reported previously, the Redevelopment Agency Board has designated a redevelopment survey area to study in order to define a,.specific redevelopment project area. The redevelopment plan and project area adoption process contains several steps over its nine month incubation process.. Attached for youruseand information please find a copy of the Schedule of Actions for the adoption of the plan and project area. . Attached to the schedule is a copy of the Redevelopment Study Area Boundary Map as approved by the Agency Board. On October 28, 1996 the Planning Commission will be asked to review and adopt.the Preliminary Plan. The Preliminary Plan establishes the precise boundaries of the proposed project area and serves as the foundation for the detailed Redevelopment Plan. The Citizen Guide to Redevelopment published by the California Redevelopment Association and distributed to the Commission.in September describes the steps, activities and answers several questions about redevelopment.. Our redevelopment consultant, Rosenow Spevacek Group Inc.(RSG), will provide the staff report and assist staff in the presentation of the Preliminary Plan on October 28, 1996. Please feel free to contact me directly should you have any questions.or need further information regarding the schedule of actions, study area map or redevelopment agency activities. attachments jds Z Z =h , L LU Q Lu Lu pro o N :4-j V -N O .-j O O .O °® � w O uo N . 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CA _ - ,'>. •�'.•' Nor +(�• _ - _-- moi"-,, _ W n. Z COQ > :D p W W -•.. z i Q O � � •' 1'�0 z � to <� _ .�.. � -, - CL LLI _uj W Q U A Q O = w UIL I 11 INTEROFFICE MEMORANDUM TO: CHAIRMAN AND PLANNING COMMISSION FROM: CATHERINE JOHNSON, SENIOR PLANNER SUBJECT: ITEM 9.3, COLUMBIA, MARYLAND DATE: OCTOBER 10, 199q Several meetings ago, the .Commission requested information regarding the City of Columbia, Maryland, one of -the few cities within the United States conceived and developed as a "new town." A new town is a master planned community which the Urban Land Institute defines as a "Land development project having acreage sufficiently large . to encompass land use elements . of . residence, business, and industry which, when built, provide opportunities for (a) living and working within the community; (b) a full spectrum of- housing and price ranges; (c) permanent open space in passive land and active recreation areas with sufficient land on the periphery to protect the identity; (d) strong esthetic controls." Attached is a packet of information that was obtained from the Rouse Company, the primary developer. of the City, and the Planning Department of Howard County, Maryland in which Columbia is located. Also included in this packet is a chapter from the planning text Urban Pattern which describes the history and development of new towns in America and worldwide. The concept of new towns attempts to address the issues which most' cities address through their general plans. While Diamond Bar is predominantly built out and we don't have the opportunity to create our community "from scratch," many of the principles . that are applied to the development of new towns are applicable as Diamond Bar seeks to maintain a high quality of life through the implementation of the General Plan and the adoption of a new Development Code. INTEROFFICE MEMORANDUM TO: CHAIRMAN AND PLANNING COMMISSION FROM: CATHERINE JOHNSON, SENIOR PLANNER SUBJECT: ITEM 9.3, COLUMBIA, MARYLAND DATE: OCTOBER 10, 1996 Several meetings ago, .the .Commission requested information regarding the City of Columbia, Maryland, one of -the few cities within the United States conceived and developed as a "new town." A new town is a master planned community which the Urban Land Institute defines as a "Land development project having acreage , sufficiently large to encompass land use elements of residence, business, and industry which, when built, provide opportunities for (a) living and working within the community; (b) a - full spectrum of- housing and price ranges; (c) permanent open space in passive. land.. and active recreation areas with sufficient land on the periphery to .protect - ..the identity; (d) strong esthetic controls." Attached is a packet of information that was obtained from the Rouse Company, the primary developer of the City, and the Planning Department of Howard County, Maryland in which Columbia . is located. Also included in this packet is a chapter from the planning text Urban Pattern which describes the history and development of new towns in America and worldwide. The concept of new towns attempts to address the issues which most cities address through their general plans. While Diamond Bar is predominantly built out and we don't have the opportunity to create our community "from scratch," many of the principles that are applied to the development of new towns are applicable as Diamond Bar seeks to maintain a high quality of life through the implementation of the General Plan and the adoption of a new Development Code. ;;L0 *96 ZI -4 October 1, 1996 ASSOCIATION Ms. Kathy Johnson Community Development Dept. 21660 East Copley Drive, Ste. 190 Diamond Bar, CA 91765-4177 Dear Ms.. Johnson: I appreciate your interest in*Columbia. As one of the most successful planned communities in the United States, Columbia's planning concepts have provided inspiration for much development. The Columbia Process by Morton Hoppenfeld and Planning Determinants for Columbia by Robert Tennenbaumare the two. most complete articles -about the. process. As I mentioned to you The Columbia Archives has a fine collection of early planning maps, diagrams, studies and reports. If you have additional specific questions we may be able to be of further assistance. I have also enclosed a flier about Creating a New Cily, new book which should be available next month and Columbia: A Celebration. Both can be purchased at a discount through me at Columbia Archives and Welcome Center. Please let me know if I can answer any further questions. 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("L L.51, �r J J >- o cc z cc O U 7U f -- z 0 v w D w � x cc v , U - cc W O W .. fi• r� U 0 f 4 a Lj,..,!!-- m J U LO n 0 W Z c*i N \ w 0 43 0 O U o Z tx•+N yY T yk ''�+ l2KZ 7 ✓r [ Y x [ . ` r } 'n October 1963, The Rouse Company announced lenders, Morgan Guaranty and Manufacturers Hanover Trust Companies owed the other investors in Columbia: to the citizens of Howard County; Maryland, that rt , l ° had acquired some 15,000 acres ` about one tenth From October 1963 to November 1964, Company of the County's total land area -- for the purpose of build planners created a general plan. for the city, detailing land ing a new city .In nine months the Company had pur uses, densities; development pace and economics; To help_ chased 140 separate properties at an average price of determine what the city's social objectives should be and $1,490 per acre. Rumors of all kinds had spread through how they might be reflected in the physical plan; the out the County: the government was buying land to create Company convened a group of fourteen nationally` known a living laboratory,of dreaded tropical diseases; the com- experts in such fields as,education; health care; recreation, bined sanitation companies of Washington, DC, and economics, sociology, psychology'and communications. Baltimore were plam�irig a huge compost heap to turn During the next six months°the group met for: two days arba e into eat moss It had even been hinted that the twice a month to determine not just what was possible, but g... go peat .... - money was coming from the Soviet Union how a city nughtm *rk best. Ideas from these `meetings . In disclosing the Company's plans to a rural Howard found expression both in the physical plan for the city (in County, James W. Rouse, Cllairrnan of the Board of the location of schools at the core of each neighborhood, Directors of The Rouse Company,described his vision'of for example) and in innovative programs (team teaching in the new city. Columbia, because it would be planned from open classrooms, ungraded schools, the shared facilities the beginning, would avoid urban sprawl, the. waste and Interfaith Center, and the group practice Columbia . inconveniences thatthave come to typify spotdeveloprrient Medical Plan). The new city, e , hsaidwould P rovide jobs and recreation, IrANove'mbe'r 1964, the Columbia plan was present- shopping and health care, and the many other facilities and ed to the people and government of Howard County, services people want and need in .a city, along with -a broad along with a request for a new kind of zoning which would ces. Residential development would permit greater flexibility in mixing land uses. In a county range of housing choi be balanced by commercial and industrial development so ;that was concerned about the ravages of urban sprawl ty aroused by zoning battles, Columbia, for all its boldness, that Columbia would not only "pay its way" for Coun services, but would contribute excess tax revenues to bene- offered a better alternative. At the crucial hearing on fit the entire County.. Columbia's original zoning process, nqt a single County To finance the land acquisition, in February 1963 resident appeared in opposition. In August 1965, the Connecticut General Life Insurance Company agreed to County passed a "New Town District" zoning ;ordinance invest in the -project.and, in+return, acquired an equity par- and granted zoning for Columbia's development. ticipation. This arrangement was subsequently formalized The Company went immediately to work on by the creation of the Howard Research and Development detailed plans for the city's first village, the Village of. Corporation, the joint venture established to develop Wilde Lake, named for Frazer B. tiirilde, past chairman of Columbia. In December 1964, additional private financing the board of Connecticut General. Ten months later, in ` (the city is being developed entirely by the private sector) June 1966, construction was started. was provided by Chase Manhattan Bank and Teachers Columbia opened to the public one year later, draw- Insurance and Annuity of America. In 1970, two additional ing international publicity and more than 100,000 visitors . 7. V� —S. io its during me first summer. ince en,, ninth e Village of Ri�ei Hill, -'a' Columbia and tv �.�e "'--center, ,over two rru ion people have the city CrQssng, an additional 450,)007square -f�oi -Jiilj,4967,-*C6 lurilia's'fi-rst rdsidents moved into, -retail are in the aeve opment stag ,"." Today Downtown, Th6Mall irt'Columbia, -w L'ke the o ay t- ��e ' Village Wildea 00P!opie vingn ia"s'nine viItages an, own inAugust l971""has "**'ilreedep'artmentstoi6s''an over 190 Center Atfullev61opn'e­kh't`here will be over 9*5,600 r'-esi- an resta"urantsownt6wn- also"ic u es OVe*r_ 19 '­-",-�, fy'411. gnt:s­,t­.'� million squai office'space, a 25 -acre lake; the ninth"dents The an find aie", R,iv6,r Hill W61c offi6 f residents in 17,000 -capacit Meriiwi� ini_ii��ia March 19the'r Post Concert Pavilion,* :7y ' Columbia's fir'standusirial firm Hittman Associates'-,-",".- .Symphony , Woods park, Howard,Cou nty Geri eral Inc., -'a research and engineering company, announced P Hospital o, unity College, the main branch MITI Howard C1'. .. I .., intention'to 1661'te"here "m May -1967. -The cofhp4ny , of the: 'Howard Cotlnty Public Library, a dinner theatrea npi�:qu�rters mDecember 1967. Hittrnan" moved into its-scr289-room multi -screen cmema; the Columbia Inn'town- �z has since been Joine _dby'mo:r'e"than 2,500 6ffie� business houses and alSartixients, se several fine restaurants and '. many W: firms occupying over 21 'million square feetof spaceSome -other a . ... ... of the businesses --'i-'Columbia 'include AlieA-Signil ,x In education; Columbia presently has 14 eleme :�Arbitron, ­`&cT­CIGNA, Ford Motor Credit, 'G-enei.'�­I­'I-,�ry, 5 middle And 6 public high 'schools (with two addi:- rT_ N B Physics 'Marrioft'Co ')orq6on, atiofis ank, Ryland, tidnal under n tr* ctio r co u n) uiidergradu'ate and graduaie ._:.Staf6 Farm Insurance; Sears Distribution ­Center and programs':and 29 daycai­e 2nd/or pre-school pr6grams..". Wesdnghbis6.'Ii-"%addition, 'over 30 foreign'-ovned firms R ligiou 5 activities 'are center d primarily in four inter '- 'have -Jmoved to­CoiurColumbia v 59,000 jobs have been . faith centers denominationsminations share common wor- created with more being created each year as ­C I"m ias a. ship facilities. business base grows. `.. Recreational opportunities include two'18-hole golf In September 1985, The R6use Company acquir'ed' courses, 4 indoor- and 49 outdoor tennis courts, an eques- Con . ne , cticu . t General's '. .,(now. CIGNA's) interest in Howard trian center, an.indoor ice skating rink,' a bawling center, 4 ..-.Research and Development Corporation, i ki' it making indoor pools and 2 water slides, 23 outdoor swimming w ouy-6.).�,rf6d subsidiary' of the Rouse Company. pools, 2 athletic clubs and 2 Nautilus Centers. Over. 3 600 acres of land have been set aside to date for parks, 'play- * grounds axed natural areas, interlaced. by over 78 miles of si first moved into, 'In the 29 years since the bicycling and hiking paths.. -In addition, there ar6.tliree Columbia; not only the framework, but many of the vital_;_ man-made lakes within Columbia for sailing, boating and elements that make a.city, have. been put into place. Today ' fishing. A total of over 5,000 acres of open space (more Columbia- contains over 2.7 million square feet of com- than 1/3 of ColumbiA land), including the 1,000 --acre mercial space. Eight village centers, each -providing a van— Middle Pamient Environmental Area, are spread through- ety.qf.day�to7day sho pping needs, community and recre2 .-... out Columbia, providing abundant natural areas and unify- ational facilities andp f*ofessiorial services, are in operation.- in,,-,- pathways to neighboring villages.. Commuruty Development The Rouse Company :.;March 1996 .'f � '' t � - � x t.: :7 {h. �'.'::4E - +,.,•t �, ,;:,ry'yT ,•r y,[3 + ,( jG "'.5-.� u„ � .fir {"•Y �. r i r x�> 't +,{€-' t�.t �a24 a+ �r��S" FL r' r's� i tG'•'~.-`- "'ti h "�'c�-t`� s. � "s + f-(�.rt �" �. t .Y ry .�_ •i `F ++� t•S' � •� `•5.i 4 x.'},-y'� •-'T•rY-�.. � t, 7 + t �'- '�'�' •( -v vh, y. qr I,,t> ..Y �Y �, ar, q'Y. c,.>•y. ..?C.c at `£154T9C t F C t 7 �l� Ktr tai ,� (lt�r S j s ',r r A+f '�-� . •.i�' - -. -ft.' `+'.ice: 'S •- xt''• (c,..� ( A- •' M 1 996 arch �� rIZESIDEI�I'I'IAL t SUM�2ARY OF 'DEVELOPMENT x 71 Since opening m 1967, Columbia has offeretl'a broad mix of Since 1967, 30,731 units have been sold/leased to individuals homeatyles and types hese homes have been: built m while 30,158 are currently occupied. Twenty builders are cur -"4 Columbia's nine villages aril Towri.Center. Four.villages are gently active in Columbia offering abariety of models from :r essennallycomplete, with five others and Town. enter in which to choose.'(See Residential section) yanons stages of development Approximately 83,500 people reside in Columbia., Columbia's Units average household is estimated at 2:52 occupants with an Single Family Detached 10,927 average incorrie of $72,150. Seventy-one percent the city's Townhouse =- 8,071 adults have a college degree while more than one-third have Coridomirnum "Apa'rtments- ,.3,720 post graduate degrees `- ~ Rental Ap' rtinents/Townhouses S 013 Total 30,73.1 More than 2,500 business are located in Columbia occupying over 21 million square feet of space: (See Commercial and ently ther single f mily and 8 r�ibla Curr, a are 19 a family Office/IndustriaURB Dsections) ' builders offenng new units for sale in Colum is builders include Allan Homes Nantucket Island Homes Over 470. stores and restaurants are located in The Mall in Charleston_Square .NU* Columbia, Dobbin Center, Snowden Square, the Columbia Columbia Builders Patriot I3ornes Restaurant Park, eight Village Centers,' and numerous other Domain Builders : Ryland Homes locations. (See Commercial section) Douglas Homes Siegel Organization Goodies Builders Tallas Homes H.M.George Trafalgar House Residential Approximately 59,000 people are employed in Columbia. Hallmark Builders Troutman Communities Westbrook Homes - Heritage Homes Mark Building Co. Williamsburg Builders A wide variety of institutions are currently at work in , .Columbia including comprehensive health care, educational, religious and community facilities. (See Social/Institutional -Single=Family Detached — $160,000 to $800,000 section) Tow•nhou'se = $125,000. to $350,000 -Condominium Apartments — $57,900 to $141,400 ` . Single -Family Home Rentals — $1,225 to $1,545 In addition to almosf 3,600 acres of land set aside to date Townhouse Rentals = $1,015 to $1,230 (over 5,000 acres at Columbia's completion) for parks, play- - Apartment Rentals —.$5.35 to $1,130 grounds and natural open space areas, there is a broad array " Subsidized Rentals from $34.5 per month'. of recreational facilities and services offered by the Columbia . - Association (CA), Howard County Parks and Recreation, and ► ��� �' �' private firms. (See Recreational panel) 194 units are under construction, while 379 are completed but not occupied. 30,158 units are occupied as follows: Single -Family Detached 10,842 The total assessable tax base of Columbia is over $4.6 billion, :> .Townhouse 7,981 of whichapproximately $1.6 billion is the assessed commer Apartment/Condominiums 11,3351 cial value and more than $3.0 billion is residential. Columbia, is projected to have 33;260 dwelling units at its completion y . yr r 1.X1 1 t,LiN J� v � �n� : Columbia's central location; corivement access to major air ports, interstate highways, exceptional labor force and other amenities have attracted over 2,500 businesses to�the city to date. Office, R&D or industrial space,'and Ian d is available in bus parks located throughout Colurribia,'suitable for both SMA and large users, from professional offices to regional national headquarters :Among the domestic and foreign firs already located in'Columbia are. Allied. Signal 'Ford Motor Credit'• Reliance Insuranc Arbitron General Electnc Ryland Group AT&T General Physics Sears `'BDM ;Honeywell Shimadzu Scientij CIGNA IDEAS, Inc Signet Bank Coca-Cola Management State Farm Insura Crop Genetics Technologies Suri Microsysterri :4Uigital Equipment Marriott Corporation. The Rouse ComF ESLfI RW NatiorisBanl.::. = RV "Iechnolog Federal Express Niro.Atomizer V.S. Coast Guarc Westinghouse Brokgn Land South 24 -acre business center adjoining Broken Land Parkway <` • .. ' Columbia Gateways 584 -acre corporate business park on -MD Route:.175 and I-95- Corridor;Industrial Park: 286 acres. rail -served, located at intersection of U.S. 1 and MD Route 32, 2.6 miles from I -S Dorsey Hall Business Park: 34 -acre business center locate at U.S. Route 29 and MD Route 108, 3 miles north of dow town Columbia - ti71Ciu1� Ju 4au1GJJ x0.1 n. 1.J -r aLa Ga IULd LCU AULVaa 11V111 ; '+T �`- r - - Gateway Commerce.Center on Snowden River-Park%yay Twin Knolls Twui Knolls North (36 acres) and Twin Knolls South (39 acres) on MD Route, 175,adjacent to U S Route 29 ed on Snowden River Part. !ay, near I-95 and MD Route 175 ,' Patuxent Woods Business Park ` 213,000 Rivers Corporate Park Complete DownDowntown.: 1, 970,000 -BrokeriLand.South _ .:321,000 +Columbia Gateway 362,000 ` .Dorsey Hall Business Park .233;000 .Guilford Industrial Park 5,000 t Hawthorn North 312,000 ��. Hillcroft Executive Park 118,000 Oakland Ridge Industrial Center 332,000 Owen :Brown -South 93,000 Patuxent Woods Business'Park 255,000 t Rivers Corporate Park " 40530.,00, Sieling Buginess Park .' . 328,000 Twin Knolls :.349,000 Village'Centers . 76,000 ' Others. 55,000 . 1,036,000 5,214,000 ' IM 8,375,000 Snowden River Parkway and Broken Land Parkway, 0.4 ' Complete Columbia- Gateway , 1,025,000 Corridor Industrial Part. 167,000 Guilford Industrial Park :. 46,000 Gateway Commerce Center: 440 -acre industrial park locat-..``' _ Oakland Ridge Industrial Center. 1,575,000 ed on Snowden River Part. !ay, near I-95 and MD Route 175 ,' Patuxent Woods Business Park ` 213,000 Rivers Corporate Park 1,184,000 Guilford Industrial Park: 250 acres rail -served; located just $ieling Business Park 350,000 north of MD Route 32, near I-95 4,760,000 Hawthorn North: 32 acres adjacent to Howard County General Hospital, at the intersection of CedarLane and Hickory Ridge Road •Complete. Hillcroft Executive Park: 44 acres adjoining Broken Land = Corridor Industrial Park :2,598,000 Park --way, less than a mile from U.S. Route 29 , : Gateway Commerce Center 1,650,000 Oakland Ridge Industrial Center: 245 acres located on t Guilford Industrial Park ' . �. 2;647,000 MD Route 108, just east of U.S. Route 29 Oakland Ridge Industrial Center 444,000 Sielmg Busmess Parl; 1,036,000 Owen Brown South: 26 -acre business center adjoining 8,375,000 Snowden River Parkway and Broken Land Parkway, 0.4 4 . miles -north of MD Route 32 ':, T K . TOTAL 18,349,000 throughout the Washington and Baltimore metropolitan `'`_ ,, ortation tem a school stem rated anion a best in the p sY g areas:' cA uffibia's own poptllatlon growth, together with the count] y, and many other innovations m social and community rapidly developing Baltimore -Was hingtonlCorndor provrdes �a 'sernces r 7 h ' i �s Y a strong and steadily growing market for new shops, restau . rants and other commercial serviced., 01 o •14 public elementary schools conveniently located within Name #Stores `Square Feet residential neighborhoods _ The`1VIa11 irl Columbia ; .` 1.92 875,000 5 pubhc middle schools Dorsey's Search Village Center 16 . `. 103,000 6 pubhc high schools and 2 under construction Wilde Lake Village Center ' 15 . 70,000 ° Cedar Lane School (special needs schogl) Oakland Milis•Village Center 14 55,000 "Harper's Choice Vllage Center 18 69,000 29 child care centers, iricluding'iiursery schools, day care Kings Contrivance V llage Center 21 86,000 --.:centers, and Montessori schools cen :Lon Reach Vlla e Center 20 . 107,000 119 -acre carnpus: of Howard Community College g g.:< Owen Brown Village Center, 18 58,000 • Graduate and continuing education programs operated by Hickory Ridge Vllage Center 20 104,000 Lo ola Colle e of Baltimore and ohnsHo kms y g J P `Dobbin Center 15 246,000 TJni -11 24,000 ve �. Gateway Plaza rsity Columbia Auto'Service Center 18 79,000 Howard County Staff Development Center Snojvden Square $ 16 500,000 Other* 108 365,000 — • re common 502 ' 2,737,000 4 Interfaith Centers, where denominations sha . .. facilities, . . worship Future Development , Columbia Crossing 450,000 i i' i River Hill Village: Center 135,000 .. A Columbia -wide bus. system (including 60 route -miles) 585,000 wliicb typically carries over 200,000 persons aimbally;.,' Rooms' " Square Feet 'Commuter buses to Baltimore, Silver Spring •Metro station Columbia Inn 289 . -147,000 and Washington, D.C., which provide 59 round trips daily Courtyard by Marriott ' • . 152 80,000: and carry over 288,000 persons annually ;. 441 a 227,000 ` TOTAL 3,549,000 Howard County General Hospital with 233 beds . -Central. Maryland Oncology and Professional Building The commercial vitality of Columbia is especially reflected in • the variety of places to eat—there are over 90 eating places in Columbia FreeStaEe Health System e downtown area.. _ The Health Care Professionals of Howard County Columbia with over 40 located in th • M.D. IPA' *Other retail such as Lynx Lane, Plata Grande, Toby's Dinner CIGNA Health plan Theater, Exxon Car Care Center, Princeton Sports, Owen o 'Johns Hopkins Health Plan Brown South retail, etc. � I'd- tot 6ts and mfa�iy re ee. ffi the use of a i all (excluding d Wrl ver a im Center indoor pools and 2 -waters i e fpr 9 PIP, The Smith Theiii�i,' Community College u-mbia o Arts C Columbia A etic C u with 2 �quas c rts, I platform tennis court, and o racquetbalUha.ridball courts, circuit poo facilities and 4 indoor tennis, courts -:SupreffieSpbrts Club,with 12 indoor racquetball co rts 'dho,%�6ight rooms, a high-tech equipment room,'. 8 Villa Commiuniw Centers ge ...:.saurialafid whirlpool, indoor svi mmifig pool, women's* 2 Te L'kesource and Activity* de n'ters ",..,,.,gym, as-etball nd volleyball courts, 1/10th mile track� 9a*nd youth fitneiss rooms 7 ranch Faci ties) 'Senior Center o The Florence� Bain outCoor tennis clubs (23 lighted courts) i rgro Adult Day Care e d by the Board of ou -7 ia64 tennis courts op rate _-CREATIONAL 2,Nauti us enters golf cou*s in �'Colurnbia Bowling Center* "CA,".builds -operates and maintains 'Most of these fac'ihtie':s`!'-.-` iiinbia Ice Rink, .0 :i I a*kes for �ailing, boating, and fishing r* ial me c —through an annual charge which cannot exceed sessed valuation fixed by 5tate law af 5b6/o .139 Tot-Lots.and play areas - of fair market value'as determined by the State of Maryland Over 3,600 acres (2,800 currently managed by qA)'o� on all taxable residential, commercial., and industrial property parks, playgrounds and natural open space areas, inter - under the Columbia As§ociation covenants. laced by over 78 miles of pathways fop wakna, biking and joggiug Fees a�e charged at �ome facilities, such as swimming pools Nvili of onununity Development The Columbia Association 'Me Columbia Association, often simply called CA, is a unique organization --a private, non-profit, community service corporation, and its Board of Directors is elected by Columbia residents. The mission of the Columbia Association is to enhance the quality of life for people living or working in Columbia. The Columbia Association is committed to offering a wide range of cultural, recreational and community service programs and facilities designed to make living in Columbia an enjoyable and enriching experience. CA owns and maintains over 2,700 acres of open space as a permanent asset for Columbia residents. CA builds and operates facilities that include lakes, parks, tot lots, .over 57 miles of pathway, community and neighborhood centers, an arts center, historic Oakland, swimming pools, tennis courts, fitness clubs, an ice rink, and a golf course. To date more than $40 million has been invested in facilities and equipment and, as Columbia continues to grow, trillions more will be invested for new facilities and improvements. The Columbia Association also offers a broad scope of programs to serve all age groups. Before and After School Care, summer day camps, a festival of free summer evening entertainment at Lake Kittamaqundi, funding for the village associations, exchanges with Columbia's sister cities in France and Spain, and the Columbia Volunteer Corps are just a few examples of the diverse opportunities CA offers to make Columbia a lively, responsive and caring community. The Columbia Association is supported by two majorrevenue sources. The first is the annual charge (referred to as the CA Assessment) which is a maximum of $0.75 per $100 of -assessed valuation on all taxable residential, commercial, and industrial property under the Columbia Association covenants. (For purposes of this annual assessment "Assessed Valuation" is fixed by State law at 50% of the fair market value as determined by the State of Maryland for property tax purposes.) _.be second major source of CA revenues is the fees charged for its programs and recreational services. Through the assessment, everyone, from homeowners to the major commercial and industrial landowners, contributes to the amenities that make Columbia special. Through fees, the people who use specific facilities and programs pay for the greatest portion of their costs. 1 HOW THE COLUMBIA ASSOCIATION WORKS The policies and financial parameters that guide the Columbia Association are established by the CA Board of Directors. The day to day work of the Columbia Association is carried out by a professional staff supervised by the CA' President who is appointed by the Board. The Columbia Council representatives, one elected from each village, and the CA President comprise the Board of Directors. The Columbia Council meets twice each month. The public is welcome and encouraged to attend these meetings. Meeting notices and agendas are posted in all CA facilities. MEMBERSHIP SERVICES The Columbia Association owns and operates numerous membership recreational facilities and programs including Columbia's 21 outdoor swimming pools, an indoor swim center, an indoor ice rink, three tennis clubs, a golf course and two fitness clubs --one with indoor tennis courts and one with, an indoor pool, basketball & volleyball courts and . roller skating. Boat rentals are available at Lake Kittamaqundi. The programs and services that are a part of these recreational facilities are numerous. Activities at the pools include neighborhood swim teams, free beginner swim lessons, water aerobics classes; and special events for toddlers through seniors. Both fitness clubs,, the Athletic Club and Supreme Court, have free drop-in exercise classes, nautilus centers, circuit weight centers, saunas and whirlpools, free weight rooms, and racquetball courts. The Athletic Club also has indoor tennis courts, squash courts, a track, and platform tennis. The Supreme Sports Club features a high-tech fitness center and exercise studio. In 1991 it was renovated and expanded to include basketball, volleyball, a 1/10th of a mile track, .an 8 -lane 25 - yard indoor pool, roller skating, youth fitness, and a women's gym. The Swim Center has three indoor pools, a waterslide, sauna, and special lap swimming hours. All of the facilities offer lessons, league play, and tournaments for all ages and skill levels. Most of them have free childcare facilities. Any of the facilities may be joined individually, and residents who pay the CA assessment receive special membership rates. The Columbia Association also has a special Package Plan through which individuals or entire families may purchase a combined membership in almost all of the recreational facilities at a significant savings. Additionally, a 50% discount on Package Plan and certain facility memberships and a 75% discount on neighborhood pools may be extended to CA residents with low-income qualifications. The CA Member Service Center located in the Columbia Mall has all the information and brochures on Package Plan and CA's many programs and facilities. The telephone number of the Member Service Center is 730-1802. COMMUNITY SERVICES The Columbia Association runs a whole range of programs for children and teens including 'the Locust Park Nursery School, 20 before and after school care programs, a variety of summer camps, a teen center, and the Student Exchange Program with Columbia's Sister Cities in France and Spain. The Summer Lakefront Festival at Lake Kittamaqundi. presents free entertainment for all ages six nights a week during the summer. Historic Oakland, a restored manor house, offers a variety of programs and rental opportunities. Classes in the visual arts are given year-round at the Columbia Art Center. The Columbia Volunteer Corps, created in 1990, matches the needs of non-profit organizations with the generous energies of community members willing to give of their time and talents. A major role of the Columbia Association is to encourage residents to become involved in community -building activities. In carrying out that role one important responsibility of the Community Services Division is to' work glosely with the Village Community Associations. Grants from the Columbia Association to the nine village community associations ensure that programming, information and referral services, and public space for meetings and special events are available at the grassroots level. In addition, the- architectural review process that preserves Columbia's aesthetic environment and property values is administered through the Village Community Associations. Community Services contracts with the Howard County government to operate Columbia's public transportation system--ColumBus--which connects major commercial village and employment centers to the Town Center. For information on ColumBus please call 730 -RIDE. OPEN SPACE MANAGEMENT Open Space Management- is responsible for developing, managing, and maintaining Columbia's impressive open spaces.. The Columbia Association's open space currently consists of over 2,700 acres which includes more than 57 miles of pedestrian pathways, 131 tot lots, three large lakes and several ponds (stocked every year with bass and rainbow trout), the 40 -acre Symphony Woods, and a network of plazas, picnic areas, underpasses and overpasses, foot bridges, stream valleys, meadows, parks, and public tennis courts. The Open Space staff includes planners, ecologists, and construction specialists, as well as personnel trained in landscape managementand horticulture. Residents from every village can enjoy, all the beauty of Columbia's unique permanent open space. THE COLUMBIA ASSOCIATION AS A PERMANENT COMMUNITY INSTITUTION In addition ' to the facilities the Columbia Association owns and operates, and the number of services and programs it provides, CA is something more. It is a permanent Columbia institution dedicated to community purposes. Of all the steps taken to make Columbia a new town.in the far reaching social and community sense, the creation of CA may well stand out in the future as the; most important and the most enduring. For further information, please call (410) 715-3000 The Columbia Association 10221 Wincop'in Circle Suite 100 Columbia, Maryland 21044 Columbia is a special community. It offers as broad a scope of facilities and services as one would find anywhere in the United States.. Sometimes, however, it can be difficult to know where to turn to solve a problem or where to go for a given service. We are not an incorporated city so Howard County is our government. We are a new town and thus we have unique organizations like the Columbia Association and the Village As to serve us. We are a growing community so the developer still plays an important role in the growing areas of the city. Following is a brief summary of the role these Columbia "institutions" play in our community. Howard County's seat has been located in Ellicott City for more than 200 years. Howard County provides basic governmental services including, but not limited to: public schools, the police and fire departments, the water and sewer system, planning and zoning, trash collection, a landfill, snow removal and a system of parks and the libraries. The highway department is responsible for street trees and questions on sidewalk repair, usually the homeowner's responsibility, should be directed to 313-2450. The County's main sources of revenue are the property tax and a portion of residents' Maryland state income taxes which are returned to the County. The County Executive is elected at large and the 5 member County Council is elected by district. Through designated executive and legislative powers, they share responsibility for operation of the county government. The County's information service number is 313-2025. The public schools, funded by Howard County taxes, are overseen, by a five member school board which is elected at large. In 1965 the Howard County government approved the creation of a "New Town District" thus allowing the . development of Columbia to go forward. THE HOWARD RESEARCH AND DEVELOPMENT CORP. In the beginning Columbia was 147 farms and a bold idea. The Howard Research and Development Corporation (HRD) is the "Developer" of Columbia. HRD, once a joint venture between Connecticut General Life Insurance Company and the Rouse Company, is now a fully owned subsidiary of the Rouse Company. HRD sells the land to builders and other developers for construction but retains architectural approval of the development. In some cases, such as the Mall, a number of office buildings and. all the Village Centers except Owen Brown, HRD actually does the construction and retains ownership. Development questions can be directed to the Developer's Representative at. 992-6000. As part of Columbia's original plan HRD created the Columbia Association to provide the amenities that make Columbia special. All of the land developed*as part of the new town was placed under the Columbia Association covenants. The CA covenants provide for the "annual charge" which is a major source of revenue to the Columbia Association. HRD donates open space land to the Columbia Association to build parks, lakes and recreational facilities. HRD appointees originally held majority control of the CA Board, but in 1982 they resigned and full control of the Columbia Association passed to community -elected representatives ---the Columbia Council. THE COLUMBIA ASSOCIATION The Columbia Association (CA), is a private, non-profit, community service corporation serving you. Its mission is to enhance the quality of life for people living or working in Columbia. CA owns and maintains over 2,700 acres of open space as a permanent asset for Columbia residents. CA builds and operates facilities that include lakes, parks, tot lots, over 57 miles of pathway, community and neighborhood centers, an arts center, historic Oakland, swimming pools, tennis courts, fitness clubs, an indoor ice rink, and a golf course. In addition, the Columbia Association offers a broad scope of programs to serve all age groups, ranging from Before and After School Care to the Columbia Volunteer Corps. The Columbia Association is supported by two major revenue sources. The first is the annual charge on all residential, commercial and industrial property. The. second major source of CA revenues is the fees charged for programs and recreational services. The CA Board of Directors ---the Columbia Council ---is elected by you, one representative from each village. The Columbia Council representatives serve either a one or two year term. The Columbia Council makes the Columbia Association policy and financial decisions. Council meetings are held in public session twice each month and we invite you to join us. For further information about CA, please call your Columbia Council Representative or the Columbia Association office at 715-3000. VILLAGE ASSOCIATIONS Residents of the New Town live in one of nine villages or the residential area of Town Center. Each village and Town Center has a residential community association which are referred to as the "Village Associations." These associations are independent, incorporated, non- profit civic associations formed exclusively to promote the common good of the residents and property owners. Each Village Association has a community elected Board of Directors, and they all sharethe goal of _fostering community, participation on the grassroots level. The Columbia Association develops the open space within the village and builds the recreational facilities and community centers. CA also funds the village associations each year. The village associations manage community buildings built by CA and advocate for their residents in all aspects of community life including education, road' development, state and local government and Columbia Association policies and priorities. In addition, the village associations administer Columbia's architectural covenants. Often the best place to start when you are looking for information or need to solve a problem is your Village Association office. 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E V/ d >" d 'n an d C1 o m N C W .`• o ff .o m a d T C •O d 0 0._ C H •O d m .L? m° o, E 'D x c vi #fu ' 9-2-0.0 dO. ° W E �. Vl y d n O � T d W NN L 0 .O j C 3 a' d 'O o M C O W m L c c E o _- O C O 2 O m E a7 n' 0 07 W ca ca 0 C c t O d r- O �a W O d W U >• .:'- c d m °n m 67 Q U n 3u=o3d�a °iotc ou_ op Do oRmmccecaottmo Eu c d w u 3 d ao o m c m 0 °' - c c. o c a: o. m o �ccc o d cv d E o.3 E u 3 m E'c m C o. ,C •m O .^ W N E d W Qt �. C W N '' 'o U C y +. O O C E a. _ E N d d o 0 0-, 2 d> .1C 3C d •O C n— E d O N C d m d O- W CL •p D j W Oro U = d d O E Y n o1 O d t U N C '° O c C m t U C d W t G r: t o. O 'O ` O .i. W C L C U 'Etoo �3otomnc c��� OL` dd �ci cdL W c oa' V E�Oc° 4, C q 0 ..L. E L n= O U `O C O 0 G d O y .mC 3 t Q m> d N v/ t ro d 'O C y G O G 2 W L. d .... O) .... m >, m W .O n t _ 'O d d to d `Z V ,_ V 'm o` ar L w c c c c o v c'a > o �_ d _C t `' 3 d v t q y m v m. `° >d o3dW>>cWvi3 cQuct cN x u d �dccd u ac N y vm E .... > CD D U '� r, C d ya CI o O N O d N m E �; 3 V �• .... 7 _,,T„ d O m o Z d do` w T EonWr a aE° daa�o�o co d9c W can cpu Lu Od`oIn mo m CL C W m o 'o °� a t c° cel E m° S m m m v p c x o c •o o m a c d m o 0. W n0. cc c u F- 0. E ma..>.L_,m3 u in m do3_r-=mE=a �am0v LL.=m. Q4. �Q um m W m mm W = E5 cmi=3 �ct v=wc °_ � t An Address by James W. Rouse at the Lions InternationaWniversity of Puerto Rico Symposium on `The City of The Future" SanJuan, Puerto Rico October 18,1967 CITIES THAT WORK FOR MAN -- VICTORY AHEAD An Address by James W. Rouse Nearly one-half of all the people in the United States In the year 2000 will live in dwelling units that have not yet been started and on land that has not yet been broken (and the year 2000 is not so far away -- as close in our future as the year 1934 is in our past). Every month in the United States we are adding roughly 300,000 people, a city the size of Toledo. Every year we add a new Philadelphia. In 20 years we will double the size of Los Angeles and the San Francisco Bay area. We will add 6,000,000 people to the New York region in the same period. Since 1940 Baltimore has added to its population a city larger than Milwaukee. In the next 20 years it will add another city about the size of Miami. And in the same period of time Washington, 35 miles away, will be adding a city nearly as large as Baltimore. Such are the dynamics of our urban growth. It. has been said that in the remainder of this century we will build anew in our cities, the equivalent of all that has been built since Plymouth Rock. What opportunity this represents! Opportunity for business, for jobs, for the development of new and better institutions to serve our people. And opportunity to plan and develop this new one-half of our American cities free of the mistakes of the past; responsive to the needs of the future. How are we handling this opportunity? How are we shaping the growth of our cities? Not very well. Our cities grow by sheer chance -- by accident, by whim of the private developer and public agencies. A farm is sold and begins raising houses instead of potatoes -- then another farm. Forests are cut; valleys are filled; streams are buried in storm sewers. Kids overflow the schools -- a new school is built. Churches come up out of the basements. Then more schools -- more churches. Traffic grows; roads are widened -- front yards cut back. Service stations, Tastee-Freeze, hamburger stands pockmark the old highway. Traffic is strangled; an expressway is hacked through the landscape; then a clover -leaf -- a regional shopping center -- office buildings, high rise apartments -- and so it goes. Thus, the bits and pieces of a city are splattered across the landscape. By this irrational process, non - communities are born -- formless places without order, beauty or reason with no visible respect for people or the land. Thousands of small separate decisions made with little or no relationship to one another, nor to their composite impact, produce a major decision about the future of our cities and our civilization -- a decision we have come to label suburban sprawl. What nonsense this is! What reckless, irresponsible dissipation of nature's endowment and of man's hope for dignity, beauty, growth! Sprawl is inefficient. It stretches out the distances people must travel to work, to shop, to worship, to play. It fails to relate these activities in ways that strengthen each and, thus, it suppresses values that orderly relationships and concentration of uses would stimulate. Sprawl is ugly, oppressive, massively dull. It squanders the resources of nature -- forests, streams, hillsides -- and produces vast, monotonous armies of housing and graceless, tasteless clutter. But worst of all, sprawl Is inhuman. it is anti-human. The vast formless spread of housing pierced by the unrelated spotting of schools, churches, stores, creates areas so huge and irrational that they are out of scale with people -- beyond their grasp and comprehension -- too big for people to feel a part of, responsible for, important in. And we know how to do it so much better. We know the rough measurements of the future growth of every metropolitan area in the country. We know about how many people we must provide for -- how many houses and apartments, how many schools, how many churches, how many stores we must build. We know that we must build the sewer lines, water lines, roads and highways -to serve this growth. And we know how to relate houses, churches, schools, stores, employment centers to one another in healthy, human, rational communities that respect both man and nature -- and in which business can prosper. Yet it is fair to say that not one single metropolitan area in the United States has a comprehensive plan for its future growth and development that will accommodate the growth it knows will occur in communities that will provide what it knows ought to be. We improvise frantically and impulsively with each new thrust of growth as if it were a gigantic surprise -- beyond our capacity to predict or to manage. Is there any other aspect of American life in which the gap is so wide between our knowledge and our performance as in the growth of the American city? We can plan to visit the moon; develop new technology to carry out the plan; advance the technology to the reality of flight in space. And soon we will put man on the moon. Yet, so far, we have been unable or unwilling to put to effective use the knowledge that is commonplace among us, to shape the orderly growth of our cities into communities that are in scale with people; responsive to their needs and yearnings and sensitive to the landscape we invade. Why is this so? Why do we, as a nation with such proven capacity for systematically organizing a production task, persist in this disorderly unsystematic, inefficient building of cities? There are several reasons, and they must be understood if the city of the future is,to provide a better life for its people than the city of the past. There is the state of mind about the American city. We have lived so long with grime,. congested, worn-out inner cities and sprawling, cluttered outer cities that we have come, subconsciously, to accept them as inevitable and unavoidable. Deep down in our national heart is a lack of conviction that cities can be beautiful, humane and truly responsive to the needs and yearnings of our people. Sprawl is thought to be better than slum because it is greener, cleaner, and less crowded. We accept the deficits of non -community; the scatteration of facilities, the frantic, fractured living, the, loneliness amidst busyness, the rising delinquency among middle-class children, increasing neurosis, alcoholism, divorce; the destruction of nature and the dull monotonous man-made replacement. We accept it all as if it were a pre -ordained way of life beyond our capacity to significantly influence, shape or control. Lacking images of urban growth in communities that are in human scale and sensitive to both man and nature, we take what the developer gives us and we think we have to like it. 2. We lack the organized capacity in America, at the present time, to produce good new communities. Although the city -building business is the largest single industry in the United States, we have grown no General Motors, no IBM, in city building. We build our cities -- enterprises, no .one of which has the capacity to undertake, out of its own resources, the research and development investment required to produce new communities that will match our knowledge and our needs. Iq City building has been largely an ad hoc enterprise -- the purchase of a small tract of land, building and marketing a piece of a city. Whereas there is a handful of automobile manufacturers and perhaps a few dozen office equipment producers who spend hundreds of millions of dollars in scientific research to produce better automobiles and typewriters, the building of our cities is divided among thousands of small enterprises and there is almost no research and _little -private. planning. for.the- most -important product -we produce _— the American city. Responsibility for city building has not only been divided among thousands of small under - equipped businesses, it has also been shared uncertainly with local government. We have assigned to the counties, townships and cities the basic responsibility for urban planning, but we have failed to demand that these local governments carry out their plans, and we have failed to give them authority to do so. r Metropolitan planning throughout America proceeds in an atmosphere of unreality, fancy, disbelief. Except for highways and public utilities, urban planning seldom carries with it the reality of programs to be executed. The result is loose-jointed, broad -brush planning of land uses which easily gives way to the pressure of piece -meal development economics or• to local politics. 3. The steps that might be taken to produce well -conceived new communities and establish new images to stimulate larger corporate enterprise and more effective local government action are, restrained by popular myths which hold that it is not possible to do what needs to be done. These myths say: a. "Our system of private property rights and chopped -up ownership of land makes it _ impossible to assemble under single ownership the land required for. comprehensive - community planning and development." b. "Even if it were possible to buy land, it would be impossible to find financing for its acquisition and development. This would take millions of dollars. No one is willing to put up that kind of dough." C.. "Even if you could buy the land and raise the money to pay for it and develop it, you could never get the zoning. Local people and politicians will clobber you when you try." d. And if you are lucky enough to get the land, financing and zoning, you will go broke trying to build a really fine community. The arithmetic won't work. The cost of providing a good community will eat you up. People won't pay for it. This, then, is the mood with which we face the building of a new America. over the next three decades. Right now we are compounding the mistakes of the past as we build large parts of our nation into an infinite Los.Angeles. Along the East Coast, in the North Central region, on the West Coast, and in parts of the South and Southwest, cities sprawl out towards one another in formless, cluttered growth that has been labeled megalopolis. This ominous word carries with it threatening overtones that people, families and all hope for rational and humane community will be lost in massive, monotonous sprawl. Against this background, may 1 report to you an experience in city building that is exploding some of the myths that have trapped our state of mind about the city. It is the story of Columbia -- a new city midway between Baltimore and Washington. 3 Our business is mortgage banking and real estate development. Across the United States our company finances apartments, shopping centers, office and industrial buildings built by hundreds of real estate developers. Also, as developer, we build, own and manage such properties for our own account. Thus, we have been elaborately involved in the "bit and pieces" approach to city building. Perceiving from this platform the damage and deficits of disordered growth and observing also the important gains in convenience, community life and economic value that occur when the pieces of a city are arranged in constructive relationship to one another, we began to ask ourselves questions such as: "Why not build a whole new city?" "Couldn't houses and apartments, schools and churches, business and industry, be so arranged in relationship to one another that each would give strength and value to the other?" "Couldn't all of this be fit on the land, to dignify and ennoble it, instead of destroy it?" "Couldn't hills and forests and stream valleys be respected and used to give shape, separation, and identity to communities within the city?" "Couldn't such a city be not only more beautiful and more human but also more profitable to build?" - Prodded by the answers to our own questions, we built a hypothetical model of a complete small city. We found that it made sense. So we focused on the area midway between Washington and Baltimore to.see H it could be made real. Our target was a city of 100,000. It would take 14,000 acres of land -- probable land cost $20-$25 million. This was far beyond our available resources and probably too much for any developer in America. Thus, we appealed to a great financial institution which we had represented for 20 years as mortgage loan correspondent -- The Connecticut General Life Insurance Company. We believed then and now that there was a special compatibility between public purpose and private profit in producing a well-planned new city. But never, to our knowledge, hada major life insurance company entered the city -building process at this early stage and on the scale and in the manner this required. We asked Connecticut General to provide'the funds to acquire the land and to participate with us in the venture as a co-owner bf the project. We agreed to supply the funds for planning and pre - development administration. In a remarkable, perhaps historic, act of infancial statesmanship, Connecticut General joined us in our venture. They committed what proved to be $25 million for the purchase and early carrying charges on 15,600 acres of land. In February 1963 we commenced our acquisition program. By October 1963 we had completed the purchase of 14,000 acres and appeared before the County Commissioners of Howard County to disclose our acquisition and our purpose to build a city. We commenced planning in the fall of 1963 amidst great skepticism and anxiety among our neighbors in the County. Our only reassurance to them could be that we were at their mercy. Unless we produced a plan which they found better than the prospect of scattered, sprawling growth, protected by half -acre zoning, they would reject our proposal and deny us zoning. Thus, it was up to us to prove that we could plan a city that would constitute, in fact, a better alternative to sprawl. 4 We set four main objectives in our planning: 1. To build a real city -- not just a better suburb, but a complete new city. There will be business and industry to establish a sound economic base, roughly 30,000 jobs and houses and apartments at rents and prices to match the income of all who work there, from company janitor to company executive. Provision has been made for schools and churches,.for libraries, college, hospital, concert halls, theaters, restaurants, hotels, offices and department stores. Like any real city of 100,000, Columbia will be economically diverse, polycultural, multi -faith and interracial. 2. To respect the land. On sets of transparent overlays we recorded the topography, the stream valleys, the forests, the historic buildings, the special vistas, the quiet tree -lined lanes. We invited the land to impose itself as a discipline on the form of the community. Columbia will provide 3,200 acres of open space, parks, recreation areas, five small new lakes. The three major stream valleys will be preserved, along with 3,000 acres of forests. These green acres will interlace the entire community separating and connecting the nine villages and leading into the heart of downtown, which will have a 50 -acre forest on one side and a lake on another. 3. To provide the best possible environment for the growth of people. Here is the heart of the planning process -- to plan out from the needs and yearnings of people to the kind of community that will best serve and nourish their growth. But how to do it? If you want to know about the needs of people -- about what seems to work well for people, or badly -- where do you go? Whom do you ask? Architects, engineers, planners, bankers, and developers are not the people who work intimately with people. Why not go to teachers and ministers and doctors, to psychiatrists, psychologists and social scientists to plan a city? We are.an extensively. examined society. There is enormous knowledge about our growth and development as people, of our success and failure, our hopes and fears; and yet it is knowledge that is almost never brought to bear in the process of community planning. There is no dialogue between the people engaged in urban design and development and the behavioral sciences. Why not? Why not bring together a group of people who would know about people from a variety of backgrounds and experiences to view the prospect of a new city and shed light on how it might be made to work best for the people who would live there? Thus, we convened a "work group" of fourteen men and women for -that purpose: an eminent social scientist; a psychiatrist from the Department of Public Health'at Johns Hopkins; a sociologist who worked for two years in Levittown, New Jersey; a psychologist from the University of Michigan with a rich awareness of the area of communication and its roadblocks; a city manager; a commissioner of recreation; a sociologist in consumer behavior research from the General Electric Company; a woman concerned with the status of women; a political scientist; an economist; an educator and others. We met together -- this work group and our architects and planners -- every two weeks for two days and a night, for six months. We weren't seeking a blueprint for a Utopian society. We didn't want a report, a recommendation, or even agreement. We wanted conversation in depth about man, his family and his institutions. We wanted to allow these insights about people to influence the physical plan and to guide us in stimulating within the community the kinds of programs in school, church, health, culture, recreation and work that would support the growth of people. We said to our work group and ourselves: "Let's examine the optimums. What would be the best possible school system for a city of 100,000 -- the best health system? How might religion be made most effective in the growth of people? With shorter work weeks and increasing wages, what opportunities can be made available for better use of leisure time? How can music, art, theatre, adult education, physical recreation be made available most usefully to the people in the city? Can the relationship of home, school, church, and community be such that there is some alternative to loneliness, relief from fear, and growth from hate? In what size neighborhoods do people feel most comfortable? In what kind of community the most effectively challenged? The most creative? What about homogeneity and heterogeneity? What would all these questions and these answers say about the plan for a new city? Don't worry for the moment about feasibility. It will compromise us soon enough. Let's look at what might be and be invigorated by it." It was a thrilling and productive process. All of us who are working on Columbia feel enriched and strengthened by it. By seeking out the best we could conceive for people and by opening our minds to those possibilities, we leaped over many roadblocks which "conventional wisdom" had declared to be unmovable. 4. To make a profit. This was no residual goal -- not something just to be hoped for as a possibility. It was and is -a prime objective. The profit purpose was alive and creative throughout the planning process. It was using the market place.to cast votes for what people really want and care about enough to pay for. It recognized the dynamics of the market system as being fundamental to the democratic process, for it is through the market place that a free people can best make the complex judgments of how, where and when they wish to spend their earnings. A continuing examination of profitability is simply a responsible attempt to perceive the market place votes and respond to them. It resists the pull toward sentimentality, sophistication and arrogance. It hauls dreams into focus with reality and leads to bone and - -_ muscle solution. It gives integrityto the ultimate plan.. - In Columbia, by producing an outstanding profit, we speak loud and clear to the city -building Industry. It will induce attention to a good environment as the right product in city building.. It will warn against the unmarketability of sprawl.. It will give attention to genuine respect for nature and the family. Failure, or even moderate success, would be a blow to better hopes for urban growth. It would support the myth that it is not economical to produce a good environment. By the fall of 1964 the plan was completed and presented to the people and the County government of Howard County. A sketch of Columbia would show a small city consisting of nine villages or small towns with 10,000 to 15,000 people each around a downtown core. This system of villages that we call a city stretches nine miles east and west, and roughly five miles north and south along U.S. 29, which bisects the land area. The villages are separated by stream valleys, parks and bridle paths that lace,, through the city. They are served by Columbia's bus system which will run on its own right-of-way, connecting the village centers, the major employment centers and downtown. Forty percent of the families will live within a few minutes walk of the bus line. A village will consist of four to six neighborhoods of 500 to 700 families each. At the center of each neighborhood is an elementary school, a community room, child care center, playground, swimming pool and a small store that is a cross between a neighborhood drug store and a country grocery store. A path system separated from the roads will make the neighborhood center easily accessible as a neighborhood meeting place for teachers, parents, kids and their friends. Even little kids will be able to Walk to school without fighting the automobile. The neighborhoods cluster around a village center where there is brought together in a single place the facilities that, typically today, are splattered across the landscape. High school, middle school, library, auditorium, churches, medical clinic; together with supermarket, service stores and gasoline service station are grouped around a village green to provide a lively center for the 10,000 to 15,000 people in the village. Thus, teachers,. parents and kids, ministers, merchants, doctors and patients -- all the people of a village -= engage one another in the daily course of life. The opportunity is created to meet and know one another; to share problems; to communicate yearnings. The path system feeds into the village center by underpasses that allow kids to ride bikes; older people to walk; mothers to push baby carriages into the heart of the village life. The physical plan emancipates men, women and children to a wider range of choices and a richer variety of life. -How many kids in the massive sprawl around our big cities can walk or ride a bike to school, to a library, to a concert or music lesson, to a stream to fish, to a lake to sail, to a store to shop, to the movies, the theatre? The choices will be available in Columbia by foot, bike or bus. And it takes no miracle or subsidy to do it -- simply thoughtful planning over a large enough land area to account for the things that people want and need to live a full and enriching life. At the heart of Columbia, serving all its people, will be the town center with department stores and specialty shops, restaurants, movies, theatre, concert hall, offices, hotels, a college, a hospital, the main library, a town center park and lake. It will be beautiful, lively, efficient downtown. You can see that a number of myths have already been exploded. The land was assembled. The financing was arranged. The zoning was obtained. A new economic model is completed each quarter projecting the cost and the income of developing Columbia to completion. The economics have not yet been proven, but the progress is encouraging and there is sound reason to believe that we will be able to prove it is more profitable to build a good environment than a. bad one. - - It is the size and scale of Columbia and the comprehensiveness of the planning that has exploded these myths. The planning showed the people of Howard County that stream valleys and forests could be preserved; that a wide range of recreational, cultural, and educational facilities could be provided; that places to work and shop could be brought conveniently close at hand; and perhaps most important, that balanced growth of business along with housing would provide a sounder base for taxes to support the cost of government. Thus, in a County that was fighting mad about the ravages of urban sprawl and aroused by tumultuous zoning battles, Columbia offered a better alternative. At the crucial hearing on Columbia's original zoning proposal, not a single resident of the County appeared in opposition. The prospect of a new city -- the opportunity to build from .scratch in a new environment -- has stimulated a wonderfully creative response in the schools, the churches, in health and culture. County school boards, facing random, surging growth, are largely committed to big, consolidated schools because they have no other choice. They must locate schools where they will be accessible to the developments as they pop up -- unplanned and unscheduled. The kids are bussed in. But in Columbia, we have been able to lay out for the next 15 years the school sites for this part of Howard County. The school board has accepted the concept of neighborhood and village schools. The elimination of school buses alone is estimated to save over a million dollars per year, at current busing costs, by 1980. Stimulated by the prospect of new possibilities in education, a special study has been made for the Howard County School Board by Drs. Anderson of Harvard and Alexander of Florida. This report focuses attention on the importance of developing the child as an individual. It proposes ungraded schools, team teaching, and other programs intended to strengthen and update the educational effort in Howard County. The Ford Foundation has grants to the Howard County School Board to design new elementary and middle schools that will be responsive to the new curriculum proposals. The first of these is now under construction in Columbia's first neighborhood. The Howard County School Board has announced that the Howard County Community College will be located in the heart of downtown Columbia. This institution is expected to offer a wide range of adult education and vocational training programs to the community, as well as the first two years of college to high school graduates. 2. Twelve major Protestant denominations have joined together in a program without precedent in America. They have formed a Religious Facilities Corporation which will own all the church buildings in Columbia, thus eliminating competition for church status and permitting large-scale economies through multi -use facilities. They plan joint centers of religious instruction and joint mission efforts on both a local and a world basis. The ministers will belong to a "Cooperative Ministry" sharing staff and joining forces in programs of counseling and service to the community. Cardinal Shehan has announced the interest of the Catholic Archdiocese in joining the Protestants in the Religious Facilities Corporation so that Catholic and Protestant churches will jointly own and share facilities. Catholics, Protestants and Jews have formed the Columbia Interfaith Housing Corporation to build and rent'housing to low-income families. 3. The Johns Hopkins Medical School and Hospital has announced its interest in establishing a comprehensive health care system for Columbia residents. A study to determine economic -- feasibility is -now under way.- If the announced hopes- of the study are fulfilled this, great medical - - - institution will provide on a monthly payment basis to Columbia residents a comprehensive system of health care from home nursing service to medical clinics to hospitalization, with extensive provision for community -wide health education. One of the prime purposes of this health system would be to test out the belief that a comprehensive system of health education, early diagnosis, preventive medicine, can be financially supported by the dollars saved from hospitalization and crisis medical care. In other words, Columbia medicine will be working on the possibility that it costs no more to build a healthy community than to treat a sick one. This could be an important advance in medical and health systems in America. 4. Washington's National Symphony has signed a 30 -year contract tb provide a minimum of 20 concerts a season in the Merriweather Post Pavilion of Music in the heart of downtown Columbia. This in turn has triggered a chain reaction of hopes and prospects in the field of music, theatre and art which hold out every prospect of a rich, cultural life in this new city. 5. Other studies and negotiations are under way with respect to the library system, communications, banking, transportation and retailing which can result in important new steps in the services made available to the people of Columbia. Each of these important and stimulating new hopes for Columbia is born out of what we have come to call 'The Columbia Process". It is a process that begins with an honest attempt to learn what might work best for the people who will live there and then to discover by physical planning and by study and negotiation with leaders in the schools and churches, in the health, cultural and recreational institutions how these hopes might be best achieved. This process is fundamental to good planning and effective development whether it'be for the accommodation of outlying growth or for the renewal of the old worn-out inner city. The task is to produce community -- community in which a man, his wife and children are important; come first -- ahead of buildings, streets, and automobiles -- community which, in physical form, they can identify; find boundaries to; feel responsible for; be proud of -- community which in human terms cares about them; suffers with them; prays for them. The search for this kind of community will lead to questions; produce answers; generate plans that will work for people -- different plans in different circumstances;, but always plans to nourish and support the growth and dignity of the individual human being and his family. This is the only legitimate purpose for. our cities or our civilization -- to grow better people --- more concerned, inspired, fulfilled -- more loving people. We are living in the midst of what history may find to have been the most important revolution in the history of man. It is the upheaval which has lifted to new heights man's respect for the dignity and importance of his fellow man. Institutions which degrade man and barriers which separate men from one another are under relentless assault. Thus; the cold, grim oppressiveness of the scaleless, inhuman cities is under attack on many fronts. The individual skirmishes flare up in terms of bad housing, unemployment, crime, dope, delinquency, even riots. But these are only symptoms of a battle raging at much deeper levels that will be won by the building of new cities and, even more dramatically, by the rebuilding and restructuring of our older cities. The key will be "restructuring" in such a manner that the city will support growth instead of working erosion in human personality. This new city will look different because it will be broken up by parks, open spaces, schools, playgrounds, transportation system, etc., into definable communities in which people are important. Together these communities will make up a new kind of city -- dynamic and humane. This revolution is barely under way. The tools for carrying it out have been forged over the past several decades. next ten years, we will see an urban revolution that will lead all men -- rich and Noor, black and white -- to take possession of their cities and make them work for the people who live there. - 9 y�� login 8y3 Vuv auv'I +r'aHn uso4 uassssuuad uauum 3noi432m 'uvd ut .io aloi{m ua 'jwp3npolda.1 ON •6Z alnog •pyo s;uasaidas autj ua3{o_ satneaq !sainoa snq ;o uujd-noito juaaua2 togs sau.1 pause 92BUTA ase slop papeus aa2auZ 'lop PaPegs ttuuis r ,� >:•^: `••'::`. ::.;:. , sPootzo�tleta S9 cqPaauotPui saa ua Poo ioBLI2taI t�!tA Jo paiTidwoo ase saDtMI , uay •zAaoxoZ) zzvxanp ao NVUDN' _ t `y,'•;:.z /,,. 2. a..-t UBVyu FIs7n2n Ion f zno3 -Aluamy amniop t.. •—I 'QHa A fis2;A-D :salsloos Y ianolS e.tzg :otoyd -un auros aau pue aaam, aaatp tl2nocl;le 'ja3aud puuj ame-000'pT u alqurasse 0; E96T Pue Z961 ul alqu sum (IjTZ) 'uo;2uigsul. pu - aaotuilleg uaaa�;aq 'ptrelSaelq 'SlunoZ) paermoH ui 'Alasaam -uo0 -aopiaaoo u04sog-a3uapimoad a11; ui saa3e 000'01 uama ;o ja3aud aeajo e 2uijgwassu ul S;IT1JiTiTp amuq pinom sadolamap a 1811; paluamaa saipnis s•C1jjD -aopiaaoo u0;2ui11sujAA-asour;;lug 3111 PUL 'aoprxaoo u0;sog-a3uaplmoad acT; :;audu saltw Oc umll ssal saalua3 ugrtod -oalaur ao[sui om%i ;o saanssa id junp aql Sq pa;a:jo8aq suaae om�l zsn[ axe aia111 'pasogeas uaa;sea a11l uO :�lljlge;s aa;eaa2 uama;o paansse aq pjnom,,aalua3 ;uaursoldura Bons auo uegl aaow ;o g3eaa 11:31201 ul palu3ol u.»oy m%a.K V •;uauisoldwa ;o saaivao .10[Etu 2ullsixa xeau;uaura3uld sl! si'Saniva3 11lapuaml -pnu aql ;o saillo ueolaatuy pauu8lda.td ao; umal auTndod agl asn of -umo,y maN e p ssaoons aul o; Aa-, �.rswpd uoi;oalas aTI •a;eurtuopaad prnoAt suoneaapis -UO3 je31ss11d-uou ao poisS11d aagla11M pauiwaalap Spn;s :aptm 13a[oad aq; -;o ;uauzala g3e3 - •;uawdojamap s,uuld aq; io; pa11sijgzi-=a semi slueulut -aa;ap asa11; ;o aouapa :aid pi2u oX •dnoao 31aotA 3111 ;o Sliligisuodsaa a111 'slueultu -aalap luolshyd-uou pu-- 'jjelS loa[oad at1; ;o Almglsuodsaa at Sla2aul •slueu -rwaa;ap lvolshyd ;o s:-pn;s g2noao111 uodn pa4e3lpaad sun: a2isaCI -msuo3 leuoi;rppU ;o a2uur apt.» e Sq pa;sisse aaamm dnoao :jao_�& a111 put: jie;S ;3a[oad aql glog '0861 -1 palaldwo3 si siqu-mloo ua11m,L uopelndod m%au paled -loilue a111 '000,011 ;o _1::3 lualotjms-;las L, uaa3uo3 ;utl; spla13 1e3:f3ojor30s a111 ui sls.1'emads OZ ;noqu ;o dnoi;D I.io.;l ail; puu 'slsljmoads 2uruue-d uazop autos ;o $'v;S 13aCo.cd aqi ;o SlllIq!suods -aa aql sung t:lgtunloo _o; ueld ally . sdnozD bpn.;S Pue'I uegxn -anbiun eiqumjoj3 sa:letu ;eq; 2uluuejd s;i o; uauosdde je3i2ojoi3os alp uodn sisetldura sitp si ;t puy -amt;suaa;le puo3as s,asnoll uodn llmq S;lo aai;ua ue aluaa3 o; uolsi3ap aq; s;3agaa eiqumjoo io; uuld qtly `' Apapi) -ata pun .133m vy3 `frltpuostad unutny u; g3moc6 6u;y3;mu jo adotl autos s; azaq; azaygt—pa:412dn puv 1uv.uod -ua; 2aa f aldoad y3:ym u; sapjunluuioa aldoad ypm a2v3s up padvys :aldoad;o spaau 2vas all; ;aauc of pau6;sap R2aapp -uas sapiunuim-Loi cnau ap;ao.cd am ll;m .&0 ZrL4uno3 lno ;o aovf a.Ln1nf ay; aq o; RT2va v y;mo e6 aaissa ddo '6u;lmv.Lds 9pa6nuvucun sl„ :asr► peel ;o uoll -3aa P am;n; ag; sol saa3s03 ST q pataij -;no asno23 'E96T m dajaxaag ;u am;n3 uu;jjodoa;ayq aq; uo a3uaaajuoo E 1,V moi;ismboe pu-el ag; ao; 2trlot=eug gurplAoid StmduroZ) aousansul aprl jeaauao ;n3 -t;oaumo g3lm jaoxed puel a roe-OOZ'ST aq; paamb3e seq auo 'Peel alquppAe ;o suoi;eziji;n dreuzo;sno arl; uzoa; aan4audap Sxeuoi;njomaa si-q; 2tndolam -ap pue 2uluuuld si 'asno1l •.tA saixm f Sq papeaq urrcg aaoun;lug a '((IUD) •out ';uaurdolanaa pue g3aeasau S;i -untuuzoo -uol2uigse.& puu aaouippg uaanm;aq 'puelsxM 'S;unoo pxeMoH ui puepnmj Sl;soui mou st ;ugm jo sajnu aaenbs j,Z uro:q astxe o; ;noqu 'a;u;S sjao7, naafi jo je;lduo aq; jo azis;uasaad a.4 uatTj uoiPmd6d ut ia2-sEj aq 'o; S4?3 e 'eiqumjoo p ;damoo aq; si gins •;uatu -ua;q2 qua opag;sau o; 'uoi;e;aodsi.ea; puu' 'uoi;e3npa '4uaurAoldtua ;o s3iseq ail; tuoa; 2ui2uea spaau ueumg uo pa;113 -.paid aq ;snw weld Mo; alunbape aqy -;uaura..mbaa auo ;nq sr '11ons su 'aavds 2uiniT uraaagn. u2isap S;lununuoo amisuagaadmo3 a ao; puemap atp si saau -uuld s,sepo; o; ;uapimg •tl2noua lou si ;etTs, aauds 2ujllarmp :uoi;ulndod aq;;o paau a aam nm op s;uatudojamap guns •Sanxnl ;uanbai;ui ue si aaa; am;ew a aaarlm>_ punoa2 paddia;s uo paNaud aae sasnoq palSIs-xoq luoi;uapi ;o smog -sluauido -janap ju.;uappaa paleutumsuo3 S12ui -ssaadap ;nq pauruu Sjre2 ;o uaotj;ajd e ;r q41M ;g2noaq sutl eolaawV ur Tumuatldn uopu ndod snotuaoua aqy •3uI •Tu9zudojam9Q puE mp easa1l K;luutu o0 pejS ;3a[oad •.xanfnsaa uegan wflvgR2Lxtsit'S. 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dnoa j xao,,�A aqj aaall uma2oid .2utsnoq aqp q;Tm uoTl -ountuoo uT Alaetnot}led 'uoijeaoldxa aqj ut xalel paonpoa}ul aaam sluazu -axmbaa onnouma aqy •sxope; JTuuou -oaa o; pxuBaa jnoq;tm s7o.2 Tepos paaaptsuoo }said dnoxo xaojkA, aqi -1p o} ssaooe Asea ;o asneo ` -aq a;IeIITA auo Am ui Axessaaauun aq Ili.& Atuouo;ne Iean;ltto alalduro:) •Ilam ss saaluaD 02EMA aaglo ;o s}T; -auaq aqp duan ueo jaA'aa}uaZ) a9sIITA umo sM '03 „A}IeAol„ s plog AETII rill -Tsai a ';aapa uI •sat}spap-e ega sno T�Ttaa Pie `t?spaa 'Ieuopwmpa jetaads umo SIT a;eaao o; a2eITTA goea s;tuuad 1 sa2etlTA Ile o; s;uaptsaa Its Aq ssaa -oe Asea •uralsds Ioogos q2tq aoTuas pus aoTunt aqp 3o u9isap atp Aq Pauluualap Atterpuassa sem ;daouoo aq; Inq 'aBe;s 19utuueld aq; ut Alasa uaaplTgo s,etq pau011uaur sem a,2e]ITA TenPTATPuT -umloo ;o sawn;a 1 ag; puoAaq uagi ate; 3o eapl aqy •;daouoo aBDI13A 'E pus—atuoo of uoT;ana}suoa ;o sasaA ,cT aqj so; Alleatpaq;sae pus' ATteol2olopos '.&ITu;)rmOuooa pazTue.2ao sT etqumloa aoj ueld aU •suoispap 2utuueld Alaea ;o ssaupunos agl pa;oapaa pie 2tn2emO, -ua AlgStg sem weld f-muTuxTTaad aup op uopoeaa oTlgn,T •suotstnaa asanas Isour aqp poOlsq}Ten ansq of gBnoua algixag ueld a,9uea-9uol a paonpoad seq 'sapTn2 IeoTsAgd-uou s,dnoiD xaog aq; uptm paleutpa000 `pool aql ;o a2pa -I.&Ou3I aleunluT s,gels loatoad agl uoisnlouoo •asegd luatudolanap thea 2ut}noaxa ;o Isoo aql ;o axeme ATIn3 sT aadolanap aql pus 's}Turll alq!sua; AITeoTurouoaa utgltm Piag sem usld alp 'a2els Aaana ;y 'Apnis Tallexed e pa}nipsuoD suotleaapisuoo IeloueuT,3 -sasegd ;uatudolanap aeaA-ant; aaamp o}ut paleaod-imui Alge;xoywOz) aq op . peq uatp eTaa;pa esagl TTy satxo�aleo 2Msnoq snoixen aq; Aq peambax sails •6Z eqnoU le paleaol aq o; Isunuaal A;to-aa;ut tre sanaas au.l snq 1413-ealul azo} 'etq -umloZ) aplslno puppo.& aoao3 :porn ;ttapisaa aq; ;o ' uot}xod 2ututeuuaa aqp ao,g. •alglssod se sxalua;) Iuaun -Aoldura Aueun se xeau ao o;uT palma aq o; si It sngy •viqumloa in sgot pioq of pa;oadxa aoaoj xao.& Iuappsaa aqi ;o Iuaur2as a2xel aq; aDLA-Tas of pau2tsap osm si umapsAs snq at y -eiq -zunloo uT Mjm lanea; ao3 aro puoaas U a03 paau aql a;euTuma Ala2ael TITm aaluaa nmol alp of aaTnxas jlmei; atlgnd 3o aouatuanuoo atp snld srgy •2utanajjnugo teluaaed Butambaa Ino -g;tm Ioogos a�IellTA AM Ie saMAT;oe Ieuotlt:onpa Teuotjrppe axe;xaptm of s;uapn;s alquua TIM aotnaas psu -14 aa;uaD umol-a2B1TlA-xaput padolan -ap ATg2Tg stgy sa;nzrau ant; Aaana sdois aotnaas o; eau sasnq :dols snq e ;o NIwa apnutur-om} a up4;!,& anTl o; axe 'sauoz Ietluaptsaa A;Tsuap, tj2r An appropriate form for the future city has not yet emerged. Nonetheless, serious attention has been directed to the nature of the modern city in two major areas: the redevelopment of the internal urban structure, and planned decentralization —the new towns. The results are not yet conclusive in either, but our present consideration of the new towns may serve as important experience in shaping our vision of the city of tomorrow. Every large city has a planning department, often a very large one. The results NEED of their planning may be primarily confined to patchwork efforts dealing with zoning, to beautification of the streets, and, where they exist, the building set- back areas. Big cities do not respond to large-scale comprehensive planning since the changes that take place deal for the most part with individual projects involving one or .more contiguous properties. One may observe New York City rebuilding itself with the tearing down of a large structure and the replacing of it with a larger one. Nothing can be done about the circulation system as the traffic becomes more congested with each intensification of use. Parking is required for the new uses, but the amounts are never adequate and the costs for the spaces are prohib- itive. Chicago and San Francisco suffer the same situations. Planning for the future of the Chicago Loop was an excellent exercise when sponsored by Carson Pierie and Scott. The changes since the completion do not reflect the ambitious plans that were submitted. 517 518 THE URBAN PATTERN The same problems face the cities of the Orient, only in exaggerated form. Shanghai represents the essence of the problems: too many people housed in inadequate shelter. Both the housing arid circula-tion systems, handed down from the past, are based on the political rivalries and antagonisms that were associated with nineteenth-century imperialism. Here we have, today, a city that was three separate entities. Street systems were not coordinated. Separate utility systems served the areas. Transportation was largely by foot. Replanning from a base such as this will take generations, since the rehousing of even a few families means the destruction of existing shelters, as mean as they may be. The answer to all these problems may well be the almost universal development of new towns on open land where people can be provided with new shelter and. opportunities for employment in new locations as the older areas are cleared for renewed uses. It is important to understand the difference between "new towns" and "new cities." Since World War II, there has been a tremendous growth of new cities in the United States. In Los Angeles County, for example, 88 new cities have appeared since 1940. The county population, which includes both the cities and the unincorporated areas, has increased from 2,785,642 in 1940 to 8,863,164 in 1990. These new cities are not in the classical sense new towns, however. Rather, they are existing clusters of population, in either rural or urban areas, that want to have greater control over their local affairs than was being provided by the county government. New towns, of which there are very few in the United States, are completely designed and constructed urban complexes. Some are self-sufficient entities while others are satellites to nearby major communities. The distinguishing feature of the new town is that it is designed in advance and is not merely a political "divorce" from an existing urbanized, developed community. The United States Creating facilities to accommodate 40 million more urban inhabitants in the United States by the turn of the century cannot be left to chance. Cities will require massive rehabilitation, regrouping of densities, allocation of open space, and effective mass transportation. Left to speculation and exploitation by free enterprise, suburbanization outside corporate city limits seriously impairs the economic viability of the cities. In Europe, decentralization has been planned by government authorities to distribute the population, industry, and commerce in satellite towns, notably around London and Stockholm. As socially responsible attitudes develop in the United States, large American cities will collaborate with county or regional enterprises for the same kind of orderly decentralization of population. Big cities are swollen and decaying. Some states can only accept more population to their own detriment economically, socially, physically. Florida is already suf- fering. Oregon chooses not to grow in population. in its plan and land use regulations, each state has to consider its particular attributes. Responsibility devolves upon the federal government to harmonize state policies with the na- tional imperative. There is much land, and, though it is perhaps underdeveloped, it is precious. A "new cities" program, comparable to the British New Towns or Swedish satellites, may be implemented in the United States though no such program has yet been initiated. Any equivalent of British public development corporations will conflict with the ingrained American assumption that the public role shall be subordinate to the role of free enterprise, which is necessarily contingent on the FUTURE CITY PLANS 519 degree to which financial profit is assured. Free enterprise has thus far been primarily engaged in existing cities and urban expansion where a full range of public facilities and services Is available. In his review of the New Communities Act of 1968, the veteran British New Town proponent Sir Frederic J. Osborn anticipated the, administrative problems of a Federal department without town -funding experience confronting developers necessarily concerned for profitability but 'themselves not having staffs adapted to building complete towns, and local municipalities accustomed only to providing public services for adventurous growth rather than cooperating in town design. Some think that good new -town creation is only possible if a public body compa- rable with our development corporation is entrusted with the land ownership and groundwork, leaving the provision of building mainly to commercial developers. They are probably right.' The record of large land -development companies across the nation does not bode well for their effectiveness in town building. From Cape Coral and Palm Coast in Florida to Adirondack Park in Pennsylvania; Treasure Lake in Georgia to Colonias de Santa Fe in New Mexico; Lake Winnebago near Kansas City to Lake Tahoe in California: the consuming objective has been the rapid sale of land, not the building of cities. "Decisions about where millions of Americans should be encouraged to migrate are left to land speculators while the National, State and Local Governments give up by default the right of the public to say what land use or growth policy should be. 112 . Time is growing short. As the population grows, vigorous redevelopment of existing cities can upgrade the environment and accommodate more people. Based on the assumption that "most of America's expected growth from now until the end of the century will occur within existing metropolitan areas,"3 the National Task Force of the American Institute of Architects recommended that future urban growth should proceed in neighborhood increments identified as "growth units.114 The estimated increase in national urban population during that period, however, can hardly be absorbed in existing metropolitan areas without a massive multiplicity of such growth units. Numerous and extensive land subdivision has occurred on the periphery of the cities of America. Many of these developments have incorporated parks, schools, and shopping centers, but usually they have been random residential tracts with- out benefit of a plan for decentralization of the cities to which they are attached. The planning and development of complete self-contained towns in North America are rare. Kitimat in British Columbia, planned by Clarence Stein, and Don Mills near Toronto, discussed later in this chapter, are exceptions. Exploitation of desirable open space proceeds in the guise of "new towns;" although most serve as expansion of suburbs for discontented refugees who can afford to escape from the city or own a second home. The growth of suburbia is 1. "Planning Commentary—U.S.A. on the Way to New Town," Town and Country Planting, October -November 1968. 2. Robert Cahn, "Land in Jeopardy," The Christian Science Monitor, January 17 January 24, 1973. Reprinted by permission of The Christian Science Monitor, 0 1972. The Christian Science Publishing Society. All rights reserved. 3. American Institute of Architects, A Plan for Urban Growth: Report of the National Policy Task Force, January 1982, page 3, Itcm G. 4. American Institute of Architects, National Task Force, Strategy for Buildiq a Better Arnerica, December 1971; Report of Constraints Conference, May 1972; Structure for a National Polity, October 1973. >�nra0ttrtt� t 520 THE URBAN PATTERN not confined to ticky-tacky subdivisions for the middle class. Wealthier citizens . are in the market for fine, well-planned, and expensive communities with a full complement of commercial and recreational enterprises.' These are not indepen- dent new towns, however, and the economic and social stratification increases pressures upon low-income families, ethnic minorities, -and the.elderly. The Urban Land Institute defines a new town as a land development project having acreage sufficiently large to encompass land use elements of residence, business, and industry which; when built, provide opportu- nities for (a) living and working within the community; (b) a full spectrum of housing types and price ranges; (c) permanent open space in passive and active recreation areas with sufficient land on the periphery to protect the identity; (d) strong esthetic controls .6 History Planning new towns is certainly not a novel activity for Americans. Williamsburg was a new town in 1633, Savannah iri 1733, Washington in 1791, and Chicago as late as 1833. The "company town" of the nineteenth century was notorious, such as the town of Pullman near Chicago, built for the workers of the Pullman Car Company. Many large and fine residential communities were developed near large cities in the twentieth century, and independent new towns were promoted to serve major industrial enterprises—Gary, Indiana (1906); Kingsport, Tennes- see (1910); Kohler, Wisconsin (1913); Tyrone, New Mexico (1915); and Long- view, Washington (1923), among them. Radburn, New Jersey, begun in 1928 as the Town of the Motor Age, will be remembered for the greenbelt .circulation through the community. In the thirties, the Resettlement Administration com- munities of Greenbelt, Maryland; Greendale, Wisconsin; and Greenhills, Ohio, were planned after the Radburn prototype. An ambitious program for a new "city" of.Irvine was incorporated in 1972 on a huge singly owned ranch in southern California. Although elaborately planned for a population of nearly 500,000, the community depends on neighboring cities for most urban facilities and services. With an expanding campus for the Univer- . sity of California, an airport, and a large industrial park, the new city emerges as a series of planned real estate developments in a street system for automobiles. Later developments based on changes in the corporation policies seemed to turn the 'excellent planning of the early stages into a' look-alike scheme of the usual large-scale speculative subdivisions, without the originally provided. amenities or the careful preservation of open spaces that gave special character to the com- munity. Reston, Virginia, and Columbia, Maryland, are both new towns begun in the early sixties. In 1989 Reston, with a population of 44,000, is near Washington, D.C.; Columbia, with a population of 70,900, lies between Baltimore and Wash- ington. Each is a well-planned, privately financed community. Although some industrial -research development is anticipated in both, the principal economic base is the nearby federal government. In Europe new towns are public ventures of a high order. A city is a political entity of citizens; it is not a private domain, a corporate "company town." 5. Florida is "blessed" with such high-class developments, such as North Palm Beach, and California has its share; Rancho San Bernardo and Laguna California in San Diego County, Laguna Niguel in Orange County, Conejo Village in Ventura County, and Valencia and Westlake Village in Los Angeles County are examples. 6. The Canrnunity Builders Handbook, (Washington, D.C.: Urban Land institute, 1968). ,-:. - . t' FUTURE CITY PLANS 521, Lake Anne village center. Aerial vieu, of Reston's first village center, Lake Anne, designed by the architects Conklin and Rosser t, showing the fifteen -story Heron House apartments; the J-shaped Washington Plaza shopping area; the 30 - acre Lake Anne, with the townhouse clusters, single-family detached and patio homes, and rental and condominium garden, aparnnents that surround the lake. Although the city in the United States is, for many, a "fat calf' to be exploited for private gain, accommodation of the growing population will require aggres- sive public initiative, implemented by the equivalent of the British development corporation to administer public funds for initial investment in land and public facilities. New York set a precedent with the creation of the State Urban Devel- opment Corporation in 1968. With some tax support from the state, the corpo- ration was empowered to issue tax-exempt bonds as its major source of funds. Its function was to initiate needed public facilities with emphasis on housing. for low-income families. With the power of eminent domain and to deviate from local codes and zoning ordinances where necessary, the corporation used private capital in its developments. Roosevelt Island was a major project, financed with federal assistance under the Communities Development Act. Reston, Virginia: master plan. Lines indicate residen- tial areas, which include low-, nnedium-, and high-density mixtures; cross -hatching includes industrial and "advanced educational" uses; solid areas denote commercial centers; round dots are high schools; the dotted areas, internal recre- ational space, lakes, and ponds. No permanent surrounding open space was planned. VILLAGES, SATELLITE TOWNS, AND NEW 'TOWNS 522 THE URBAN PATTERN Alert to the need for new urban communities, competent and experienced devel- opers recognize the necessity for public participation in new town building to achieve the full range of housing and urban facilities. "There is absolutely no means whatsoever by which the home-building industry, as it is now constituted in America, can develop the sensibly organized new communities that America needs to accommodate its future growth," said James Rouse, developer_ of Co- lumbia. "The country needs to enlarge the application of the process by which Columbia was built. It cannot afford to rely on the capacity or the whim of the private developer alone. "7' Philip Klutznick observed the need for public assis- tance to meet the need for housing and basic facilities of all income groups, and Emmanuel Cartsonis, director of planning and design of Litchfield Park near Phoenix, Arizona, developed for the Goodyear Tire and Rubber Company; as- serted the need for federal assistance in site acquisition and low-interest financing for this well-planned and partially developed new community.8 New towns, as depicted in the developments that have taken place since the end of World War II, are different from the clusters that developed previously. These new entities incorporated all of the best features designed by the architects, .en- gineers, scientists, and planners during the later part of the nineteenth century and added to that formula consideration for human safety by the separation of pedestrians from the then -recent invention the automobile. In addition, streets were designed to a width adequate not only to accommodate the moving cars but in some cases to provide space for their parking. These new towns, most important of all, provided ample open space, parks, and schools in locations where they would serve the children safely and conveniently. In most European examples the homes were designed as part of the completely planned multifamily arrangements and of detached single-family units. Near the commercial center, some high-rise apartment structures were planned. All areas were well land- scaped to produce an atmosphere of living in a park. New towns fall into three distinct classifications; the first is the small cluster of residences which form a village. Here the facilities are limited and many of the essentials are located in the larger town. The elementary school and convenient, shopping facilities are provided; the village depends on the large towns for all other essential goods and services. Employment also is a function of the nearby cities. The second classification is the major residential complex, which has many of the essential facilities but depends on a nearby city for almost. all of its economic support. These are the satellite towns, which, like all current satellites, are sepa- rated from the "earth" but tied to it by gravity—the railroad and freeways and other means of communications. The third type of new town is the complete urban complex.. Larger than the other types, It contains many sources of employment, in commerce, in light industry, and in services. It also provides a full range of educational opportuni- ties, many of which are designed to serve the satellites that tend to cluster about 7.James Rouse, Taming Afetrnpolis: How ro Books, 1967). Matage an Urbanized lirorld (New York: Doubleday & Company, Inc., Anchor B 8. Shirley Weiss, Near Town Developrsenr in Ile U.S., New Towns Research, Center for Urban and Regional Srudie;s (Chapel Hill: University of North Carolina Press, March 1973). FUTURE CITY PLANS 523 its periphery, such as shopping centers, special schools, colleges, and universities. Also, major health facilities are developed here because, like many other services, they cannot be decentralized efficiently. The main feature of all of these new complexes is their separation from the older cities by open space. In many of the. nations where they are located, they are in the greenbelts that have been secured by the state or city to provide the setting that is essential to give them identity. Dr. Harvey S. Perloff, former dean of the School of Architecture and Urban Planning at the University of California at Los Angeles, presented his vision of the New Town Intown in an article published in the AIPJqurnal, May 1966. The following excerpt indicates the premises on which his ideas are based: The heart of the new town idea is the creation of an urban community conceived as an integrated and harmonious whole. Starting from scratch in an open area, the new town can provide the most modern of facilities, whether schools, shopping or parking. The ability to develop through an overall plan makes possible community amenities and aesthetic qualities normally not realized. Because people today have both rising income and expanding leisure time, recreation receives an important role in the new town plan. (Reston, Virginia, for example, has made a golf course, an artificial lake, riding stables and bridle paths, and other recreational facilities the very backbone of the community.) The more advanced new town makes an effort to provide a balance between workplaces and homes. It has a distinctive center with important functional and visual purposes. High-rise apartments as well as low-lying buildings and individual homes help to provide variety as well as a superior design for living. With adequate imagination and purpose, the essence of all this can be applied to the older parts of the metropolis. Since replanning is much more difficult than starting from scratch, it will require particularly good planning—aimed at the same goals of harmony and balance. It will normally require some strategic rebuilding as well Diagramatic Sketch of Cohrrnbia, Maryland, by Robert Tenenbaum, A.P.A. Planning—May, 1990. NEW TOWNS INTOWN 524 THE URBAN PATTERN New Town Intown, Roosevelt Island, New York City, New York State Urban Development Cor- poration. A 150 -acre site developer) for 25 percent )rousing, 16 percent comutercial/industrial, 44 percent open space and public use, 15 percent circulation. Of 5,000 dwelling units, 30 percent are for loin income, 25 percent for moderate heroine, and 45 percent unsubsidized. as rehabilitation for continuous improvement according to a plan. An essential element would be a working partnership in planned urban development between the people of the area, a variety of public agencies, and private enterprise. The aim should not be to create communities that are all alike; each should have its own special character, its own focal points, its own attractions. The New Town Intown concept can greatly help in transforming the physical environment of the city in keeping with social objectives and human resources needs. It cannot solve the human problems of the city, nor even all the physical problems. It can provide a valuable lever for both. If we hope to achieve the objectives of the antipoverty and other social programs, it will be necessary, among other things, to transform the total environment of poverty—the physical aspects as well as the social, economic, and political. It is important to create an environ- ment in which the community as well as the individual family are important. The New Town Intown concept involves the large-scale rehabilitation, modern- ization, and redevelopment of the core of the city. It is proposed that the func- tions of the area be changed to make for a viable living environment that will be attractive and safe for persons of all ages who like to be in the heart of a city where interesting and exciting activities are available. The concept involves rec- ognition that the central city areas are too important to discard. To reconstitute the central core as a total living environment is a challenging idea. To make it an economically sound as well as socially desirable part of the total city is impera- tive. The changes called for will take time and monumental efforts on the part of both government and the private sector to complete. The old format for the area must be abandoned. Vehicular traffic must be reduced or confined to special locations, the concentration of pollutants must be eliminated, the streets must be well -lighted and protected against vandalism and crime. Many buildings have been rehabilitated. These buildings, like the warehouses in the SoHo artist district of New York City, have been converted to special uses both commercial and residential, and bring people with like interests together. FUTURE CITY PLANS 525 The effect of fts rehabilitation is to bring economic stability into areas on the. verge ocollapse. As a means of coping with the tremendous urban dilemma, the Urban Growth and Community Development Act of 1970 provided federal financial aid until the early 1980s for the New Towns Intown program. Intended to recover a human scale through comprehensive redevelopment of large cities, it provides more flexibility than was embodied in previous redevelopment "projects." The Housing and Urban Development Agency does not make Its usual requirement that a site be a minimum of 100 acres, and wholesale condemnation is not neces- sary. A full range of urban facilities and social amenities may be incorporated to achieve an effective community. Cedar -Riverside in Minneapolis was the first development to be undertaken; Roosevelt Island iri New York was the second. Plans for sweeping redevelopment should open avenues to the essential restruc- turing of the urban form, to phase out strip commercial zoning and substitute genuine commercial centers, and to readjust land uses to a system of mass trans- portation without which large cities will continue to strangle themselves in an endless -network of streets, highways, and parking facilities. It will take time, in some cities a desperately long time, to achieve the transformation. But it has taken a long and dreary time for cities to Ireach the current stalemate, and it should be worth the time to recover. It is the public's responsibility to replan cities for the integration of renewal through redevelopment programs, and a combined public and private responsibility to ensure that each new development will serve that purpose. Throughout the nineteenth century the British were stirred by the woeful impact. of the Industrial Revolution on the living environment. Improvement in housing conditions was the focus of concern and action. In 1909 there began a .series of legislative steps up the ladder of urban planning. It was a cogent, complete experience in the search for a physical structure to accommodate the people and the functions of urbanization. The Housing and Town Planning Act of 1909 granted powers to local authorities to prepare plans for their respective jurisdic- tions. To encourage building after World War I the Housing and Town Planning Acts of 1919 for both England and Scotland introduced the policy of joint plan- ning action among several local authorities, and in 1923 the act empowered the local authorities to plan for built-up as well as undeveloped areas. In 1925 plan- ning functions were separated from the field of housing alone for the first time. The Town and Country Planning Acts of 1932 for England, Wales, and Scotland extended the responsibility of local authorities to urban and rural land and in- cluded the preservation of historic buildings and the natural landscape. The pow— ers under these acts were only permissive (i.e., not mandated), and they were conferred on all local authorities. As a consequence, the local authorities were subject to excessive compensation for any claims that might result from the exercise of their powers. These acts, however, with the addition of the Ribbon Development Act of 1935 that regulated the space along the highways, provided the basic framework in Great Britain for the following 15 years. In 1937 a royal commission was established under the chairmanship of Sir Montague Barlow to inquire into the distribution of industrial population and the social, economic, and strategic disadvantages arising from the concentration of industry and working people in large, built-up communities. The commission report, published in 1940, contained recommendations for redevelopment of BRITISH PLANNING POLICY Compensation and Betterment 526 THE URBAN PATTERN congested areas, the dispersal of population from such areas, the creation of balanced industrial employment throughout Great Britain, and the establishment - of a national authority to deal with these matters. In 1941 two new committees were created to study the recommendations of the Barlow report: the Scott Committee on Land Utilization in Rural Areas and the Uthwatt Committee on Compensation and Betterment. From these committees came recommendations for the creation of a central planning authority, measures to ensure state control of development, increased powers of local planning au- thorities for compulsory purchase (eminent domain), and major revisions in the laws on compensation and betterment. The Scott and Uthwatt reports led to the adoption of a new series of town planning acts. The first, in 1943, created a new office of minister of town and country planning for England, Wales, and Scotland and strengthened the powers of local authorities to control development. The Town and Country Planning Act of 1944 for England and the 1945 act for Scotland gave local authorities power to enforce comprehensive redevelopment of obsolete and war -damaged areas and implemented the acquisition of land for both open space and a balanced arrangement of land uses. These acts culminated in the Town and Country Planning Act of 1947 for England and Wales and a counterpart for Scotland. The principal features were (a) to establish a framework of land use throughout the country based on development plans by local authorities, approved by the min- ister of town and country planning (now the minister of housing and local gov- ernment) or the secretary of state for Scotland; (b) to control all development by making it subject to permission from the local planning authorities; (c) to extend to local authorities all necessary powers to acquire land for planning or develop- ment and provide for grants from the central government for these purposes; and (d) to ensure the preservation of buildings of historic interest and the natural character of the landscape. In contrast to prior legislation, this act conferred these Powers upon only 188 local authorities in large cities and county boroughs, and rendered their exercise mandatory rather than permissive.9 During the past hundred years the policy of "compensation and betterment" became an accepted procedure in the regulation of land use in Great Britain. The principle that the use of private property is subject to regulation for the commu- nity welfare was complemented by a dual provision: just compensation is due to private owners for any restrictions public authorities create that impair the value of land; and, the enhancement -of property values that accrue through public planning decisions may be assessed by the local authorities. It was assumed that the public funds expended for compensation to property owners would be bal- anced by the assessments for the betterments that resulted from.land use regula- tions. The administration of this policy, however, became unduly complicated. Assessments for betterments for improved values were awkward to determine and almost impossible to collect. As a consequence, local authorities had inade- quate resources upon which to draw to fulfill their obligations for payment of compensation. A major task of the Uthwatt Committee was to investigate this entire policy and to make recommendations for improvement. ,Based on the report of the com- 9. Beverley J. Pooley, The Evolution ojBritish Planting Legislation (Ann Arbor, Mich.:. University of Michigan Law school, 1960). FUTURE CITY PLANS 527 mittee, the 1947 act introduced a comprehensive modification in land policy with the -provision that the state shall reserve all rights to' the development of land;, the government was empowered to expropriate all development rights. This sweep- ing revision, while following the principle of compensation and betterment, was intended to remove the involved processes in the collection of betterments and the determination of appropriate compensation. Owners of property approved for development at the time the legislation was enacted were entitled to compen- sation for the loss of these rights at land values prevailing in 1947. A central land board was appointed to administer these negotiations, and a fund of £300 mil- lion was set aside by the national government for this purpose. As permission was subsequently granted by local planning authorities to develop property, the landowners were required to pay a development charge to the govern- ment.. This charge was in the amount of the difference between the'value of the land for the existing use and the value of the new development approved by the planning authority. Since, under the act, owners who had suffered loss through expropriation of development rights were- to have been compen- sated for this loss, all landowners were subsequently liable for the develop- ment charge. A permitted use that resulted in a lesser land value entitled the owner to compensation for the difference, whereas one that would support a land value .greater than the existing use entitled the government to charge the owner for this difference. This remarkable and very timely land policy was developed under a coalition government, similar to that under Winston Churchill when he was prime min- ister. The committee that recommended it included conservative members with a sound knowledge both of British tradition and the problems of land develop- ment. The chairman, the Honorable Augustus Uthwatt, was a lord judge of appeal, a high rank in the public affairs of England. But opposition to the entire procedure formed soon after passage of the act and its administration became increasingly cumbersome: In 1951 a Conservative government came into power and, in an act of 1953, abolished this feature. Permission to develop land was still required, but landowners were thereafter free to realize the values on the open market. Sadly, the long tradition embraced in the principle of compensation and betterment as a basic policy for the equitable regulation of land in the implemen- tation of the planning process was ended. The administration of planning in England has been vested in the public author- ities of large localities, the county, and borough councils. Contrary to the practice in the United States, zoning as a means to regulate land use has not prevailed. Local planning authorities are required to prepare a 20 -year development plan, approval of which is required by the government. This plan is reviewed every 5 years and has the statutory effect of establishing the land use policy by which the authorities are guided in granting permission for development. The power to grant permission is the vehicle for the control of development within the policy set forth in the plan, and this procedure has been retained for the purpose of maintaining flexibility to meet changing conditions. Although the enlightened landownership policy embraced in the act of 1947 is absent and the experience in Great Britain demonstrated its difficulties, the tra- dition of responsibility by public authorities may yet offer the prospect for favor- able land development in that country. There are planning authorities who believe these difficulties might have been materially altered if the landowners had shared in the increment of increased property value by a development charge fixed at a lower level, such as 75 percent of the difference in value. 528 THE URBAN PATTERN This issue will undoubtedly remain alive. It revolves about the relation between the necessary public control of land use and the element of monopoly that such control vests in land values. Any form of public control over land use, whether it may be permission for development from planning authorities as in England, or by zoning regulations as in the United States, conveys to some owners and withholds from others privileges that accrue because of the relative location of land: The maintenance of a balance between the open channels of competition. _. and the effect of monopoly values that sound planning may confer is an unre- solved issue in the United States as in Britain. An.equitable distribution of all the benefits of planning was the basic purpose of compensation and betterment; the operation of this principle may yet restore an appropriate measure of equity in the conduct of urban affairs. ' London Region England suffered heavy damage to its cities during World War II. One-third .of its 13 million dwellings were damaged, and there was practically no new build- ing. With devastation all about them, the people found it necessary to consider plans for reconstruction. The 1944 Town and Country Planning Act had ex-, tended financial aid to local authorities for the purchase of land when rebuilding became possible. A large proportion of the English live in urban communities, but there are only seven large industrial centers. These are agglomerations of urban areas ranging from two to eight million people, and congestion in these cities is acute. None- theless it remains the British ideal to live in "cottages." A density of twelve families per acre was suggested by Ebenezer Howard and became the standard density for the garden cities; Sir Raymond Unwin dwelt upon it at length as a desirable standard. It remains today the standard toward which enlightened plan- ners strive. The destruction of large urban areas impressed -many thoughtful people with the possibility of recapturing some open space within their congested urban centers in the large-scale rebuilding" that was necessary. The British realized that they should try to cope with the problem of congestion in their cities. Launching the postwar planning program, they began where they were with what they had and sought the way to a new concept of the urban structure. The elements of the garden city held strong appeal for the British; the character- istics of the village, in contrast with the metropolis, attracted them. Proximity to the beautiful countryside was a natural desire. They prefer the bicycle to the subway. They probably enjoy walking more than motoring. The two successful garden cities, Letchworth and Welwyn, were before them for comparison with the huge and congested cities. The English people have seen the advantages of the small community as a better way of life. They have been justly proud of their delightful rural country, and preservation of the countryside has occupied the aggressive attention of the most influential peers of England. To the people of Britain, London is their great and noble city, the capital of the Commonwealth, and .as colorful as any city in history. It is also synonymous with overcrowding. The County of London covers an area of 117 square miles. In 1944 it had a population of over 4 million. At the core of this area is the City of London, one mile square, with 5,000 people. This is the financial and political heart of the British Commonwealth. Fanning out from this center, Greater Lon- don in 1990 had a population of over 9 million in an area of 700 square miles. FUTURE CITY PLANS >" London Res London Req Abercrombi ® County of I ®Inner Ring Abercrombi EMSuburbon 1 Abercromb ®Greater Le Conurbotia Green best Q Outer Rini New Townf 1— Stevenogt 2—WOW 3 — Hor low 4 — Basildon 5 — Hotf field 6 — Hemet —Hemet 7 — Brocknell A — Gra«lev 529 The London region. The Greater London plait of 1944, by Patrick J. Abercrombie and F. J. Forshatv, embraced a region of 2,600 square miles. A series'of four rings surrounded the Comity of London. The population within the heavily_ urbanized areas of the county and thg inner ring was to be reduced by same 1 million people by dispersal within the suburban and outer rings. The urban conurbation (concentration) of the region has extended the boundaries of the suburban ring beyond the litnits of the plan and has forced attention to the preservation and expansion of the greenbelt. The regional sphere is also extended to some 4,600 square miles since the plan was conceived, and the total population has grown front 8 million to 10 Million. The development of the New Towns may not have resulted in the hoped-for population reduction in the city of London. However, no one can deny that these well-planned communities have provided residents a healthfil environment in new facilities. The planning program of 1944, under the direction of Patrick Abercrombie and F. J. Forshaw,.was directed toward a dual objective: rebuilding the wartorn city and relieving the intolerable overcrowding and -congestion. The essential elements of the Abercrombie plan for Greater London were the reduction of the population within the congested center, the creation of a.green- belt to contain Greater.London, and the movement of industry to an outer ring. This was consistent with the enlightened planning tradition in England, but it demanded courageous conviction and bold decision. A major issue at the outset was the standard of population density to be sought within the overcrowded center. Although some authorities held to a density of about 70 to 75 persons (20 dwellings) per acre as a desirable maximum, the London planners proposed a density of 100 to 150 persons; the inner districts of the county are being redevel- oped in this latter range. The density within the inner ring ranges from 70 to 100 persons per acre, and in the suburban ring it is maintained at about 50 persons. About this complex a broad greenbelt ring ranging from 5 to 15 miles wide has been reserved. Within this greenbelt the existing towns are permitted to increase within the plotted areas of their jurisdictions, bur the balance is reserved for 530 THE URBAN PATTERN recreation. Beyond the greenbelt and within the Greater London region are the outer ring of villages and small towns separated by open countryside. The plan encompassed a total area of some 2,600 square miles. The population densities involved a reduction of about 40 percent, or more than 6,000, in the county, and more than 400,000 in the inner urban ring. Some increase was proposed for the suburban_ ring, but the population of Greater London was reduced by a total of over one million people. This program for the decentral- ization of vast population resulted in the New Towns Act of 1946. As in the United States, the, structure of urban government in Great Britain was designed for an era when the administration was relatively simple. With the growth of the metropolis and its accretions of urban entities, the governmental organization bears no relation to the real character of a metropolitan area. Legis- lation was implemented to establish a single authority, the Greater London Council,. for the 800 square miles and over 9 million people of metropolitan London. Within this council structure there are boroughs, each with a population of about 200,000, that are responsible for all local administration except the functions of metropolitan scope, including planning., The adoption of the policy that more than a million people had to be removed from the central districts of London was of major consequence. It represented a conviction that the overcrowding within the city must be relieved, that the expansion of the city must be controlled, and that the amenities of urban life could be achieved only by decentralization of employment and residential com- munities. The New Towns were conceived in the tradition of the garden cities, as self-contained communities with all facilities that make an independent envi- ronment. They were not intended to be satellite dormitories connected to the central city. Some were related to the larger orbit of London, however, to make available to the people of the New Towns the special facilities of the central city and, being thus attractively near, to encourage movement from London to release the city for a program of redevelopment. The New Towns Act provided for the creation of development corporations "to plan, build, and manage the New Towns. The corporation obtained 60 -year loans from the Ministry of Housing and Local Government (now the Department of the Environment) to finance the acquisition of land, prepare the plans, and improve the land with all utilities and road systems. The corporation could construct buildings to rent to business and industry, or could lease sites for private development. Lease arrangements were generally for a period of 99 years. Housing could also be built by the corporation and, to ensure adequate housing for industry employees, the corporation did build most of it. Increasing partici- pation by private enterprise has been encouraged. The Minister of Housing and Local Government has general jurisdiction over the program and all plans for development are subject to approval by the ministry. The New Towns Act of 1959 determined to dissolve each corporation when the town was completed and transfer management to a commission for New Towns, made up of members appointed by the Minister of Housing and by local government. The earliest towns, beginning with Stevenage. in 1946, .were -located in the Lon- don region. Eight were So designated, including Welwyn, which was begun in 1920 but taken under the jurisdiction of the New Towns Act. These towns, from 18 to 30 miles from London, were intended to accommodate the overspill of people and industry to implement the London Plan. FUTURE CITY PLANS Otoo Fimr.er IIXIO.• •StwMhouse keine wuhmgton. 'Petarla• Aydin.- •CmIT&I Lane .Skdmandale r., .Warrington • ellord Pa,mborough •NavMwn•Corby .Redd'neh •Northampton Milton Kayne• Stevenage Welwyn Gen Cbr; •"View, fl yMMS1 Herripataad• Rune •Be..1 •BrWotM I� •C,."w Town and Country Planning Association 531 Some of the New Towns in Great Britain and Northern Ireland. Lo- cations of tike first thirty-two New Towns are.shown on the map of England, Wales, and Scotland. The towns are experiments in the design of an environment in which. the human scale predominates. They are self-contained communities seeking a bal- ance between sources of employment, busi- ness enterprise, shopping, education, and recreatioti for those who live in them. They are, however, significant for another importatrt reason: they are essentially an organic element in a broad program of de- ceatralizatiort of the congested urban cew ters, the London region having received the principal attention. Two of the towns related to the London region are shown in diagrammatic plans. Stevenage, begun in 1949, was the first of these towns. The site comprises 6,100 acres, and the original population of 60,000 for which the town was planted has expanded to 80,000. Overspill from large cities has not been the principal reason for building more New Towns. The purpose has shifted to economic support and development on a regional scale. As reported by the Town and Country Planning Association:, "The regional aim of new towns is both to assist the restructuring and growth of our major urban regions and to bring the advantages of strong growth points to relatively depressed regions."10 Thirty-three towns had been authorized by the end of 1973: Of these, in 1982, Twenty-eight had been built. Today each of these towns houses between 60,000 nd 250,000 persons. Thus about 2 million people reside in these planned com- unities, in both urban and rural settings. By the end of the century, if the -igram is continued to the authorized number, it is' predicted that the figure 1 grow to 3.5 million. The 32 new towns designed since 1946-21 in England, two in Wales, five in Scotland and four in Northern Ireland—have now largely achieved their aims of 'ispersal of industry and population from congested cities and the stimulation of gional economies. They have a total population of over 2 million; several have .ome regional centres for shopping and office accommodation. The new town elopment corporations' priorities now are to maximise private investment 'in to Association to the House of Commons Sub -Committee of the Expenditure Committee, November 1973. 532 THE URBAN PATTERN housing and employment, and to achieve balanced communities able to generate their own growth. With the completion of the new towns programme, the development corporations which administered the new towns are being dissolved. The remaining two corpo- rations in England will be wound up in 1992 and dissolution of the five Scottish development corporations will begin in 1991. In Wales responsibility for Newtown rests with the Development Board. for Rural Wales, while the corporation respon- sible for Cwmbran was dissolved in 1988.11 This planning at a national level in support of regional development is an impor- tant first step toward the regeneration of, congested urban centers and the general improvement of the living and working environment, as well as a rational ap- proach to accommodating a growing national population. l - Planned as clusters of neighborhoods around a business and civic center, the New Towns are predominantly made up of row cottages, ranging in density from twelve to fifteen per acre. The neighborhoods have populations of 4,000 to 8,000, each with its own schools, recreation facilities, churches, and a small shopping center. There is convenient and efficiently arranged access to industrial areas. In an effort to overcome the monotony of the standard two-story cottage, some high-rise apartment buildings have been introduced. Commenting on this trend, Dame Evelyn Sharp, permanent secretary of the Ministry of Housing and Local Government, said: "The architect likes the occasional high block; whether the new town tenant really does is one of the great debates." 13 The. apartment is considered objectionable for the large numbers of families with children; 5 to 15 percent of the apartment buildings are planned for single people and childless couples. Industrial enterprise; though initially slow to move to the New Towns, became attracted by the efficient operating conditions, the availability of good sites, and the stable employment conditions. The expanding range of industries settling in the New Towns offers a desirable diversification of employment, although skilled and professional workers predominate. Retail services are arranged in the conventional manner of shopping centers in the United States, with a variety of facilities arranged around a pedestrianmall or plaza. Automobile ownership increased in the New Towns beyond that antic- ipated in the early plans, and it has been necessary in some towns to build garages to augment shopping center parking. Ownership in the original eight towns within the London ring ranged between 50 percent and 60 percent and has reached 70 percent in Stevenage, as compared with 42 percent in Greater London and 46 percent in Wales and England. 14 An experimental "superbus" system in Stevenage doubled bus travel but the New Towns in Great Britain were not planned for internal mass transit. The London -region towns are connected by rail to London. Only in Runcorn is there 11. Planning, Urban Regeneration and Housing in Britain, Foreign and Commonwealth Office, London, England, page 3, August/September, 1990. ,12. See Chapter 18 for a discussion of national and state planning in the United States. 13. Town and Country Planning, January 1961. 14. Report of the .United Nations Seminar, London, June 1973, the Office of International Affairs, U.S. Department of Housing and Urban Development, Washington, D.C. FUTURE CITY FLANS ONE MILE f 533 Stevenage (left), designed by Clifford Holliday; Crawley (right), designed by Anthony Minoprio. The town of Crawley, originally planned for a population of 50,000 on a site of 6,000 acres, will have a population of 70,000. Two existing villages—Three Bridges and Crawley—have been absorbed, and the town center occupies tite latter. An industrial area of 264 acres is planned for 8;500 workers. Nine neighborhoods have populations of 4,000 to 7,000, and the density is about twenty-nine persons per acre. Each neighborhood in the New Towns has a small subcenter for shopping, a primary school, playfields, and social facilities. The secondary schools serve several neighborhoods; in Crawley they are combined in three separate campuses (S). The residential neighborhoods are indicated by cross -hatched areas, industrial areas by heavy cross -hatching, and the town center by black. Open space and farmland, forming a greenbelt about the towns, are indicated by dotted areas. A desirable attribute of the New Towns is their relatively small size, designed to encourage pedestrian circulation and maintain close proximity to surrounding open space. The plans indicate all abundance of space flowing throughout the community as separations between the neighborhoods. Tile preservation of natural wooded areas or unusual topographical characteristics within this space is advantageous, but the proportionate quantity of land reserved for permanent open space may be excessive in view of the surrounding greenbelt, low density, and internal recreation fields. This abundant open space 'nay overextend walking distances, exaggerate the separation between neighborhood cells, and thus tend to nullify the advantages of tite modest size of the towns. provision for an exclusive bus lane along the road system, but Cumbernauld New Town, near Glasgow, was designed for complete separation of pedestrians and motor traffic. Cumbernauld is also unusual in the design of its commercial center. The New Towns, in the words of Dame Evelyn Sharp, "have been a great experiment and are on their way to being a great success. Mistakes have been made and there are many problems still to resolve. But for thousands of families they are providing living conditions among the best in Britain; and for industry they are providing the conditions for efficiency. They will prove -a first-class investment, in money as well as health and productivity. After 31 years of growth and maturity, the New Towns have been highly suc- cessful in providing decent housing and a healthful environment for the residents. The number of nations that have adopted the concept provides the best evidence that the New Towns are both self-sustaining and supportive of the regional centers (as a result of effective transportation ties). 15. Town and Country Planning, January 1961. 534 An American assessment stated: i THE URBAN PATTERN The crowning achievement of British planning is not the new towns' themselves, but rather the protection of the bulk of beautiful landscape around London and other major cities. Along with control of development in new towns and expanded areas designated for growth, all are coordinated with a sensible rapid transit system. The British have found the formula for coordinated regional and national planning and curbing of urban sprawl, which may be ten years away in the United States. There is no direct cost for this 6101000 -acre greenbelt. It would have.beeniinpossible to purchase' in full fee at market prices, which is the only permanently successful way to protect the landscape on a significant scale. The success with the greenbelt is not immediately transferable to the United States. It is based upon several factors which makes it successful, .but which are difficult to transfer. A concept of government ownership of the incremental value of property derived from public Improvements and zoning, where property owners need not be compensated for permanent freezing of land use in open space of existing uses. This would be impossible under current court rulings under the Fourteenth Amendment in the U.S., where freezing of large areas, not subject to natural hazards, in nonde- velopment could be challenged as taking without just compensation. 16 IMPACT Since, to some degree, the New Town policies of the British government were intended to reduce the overcrowding of the central cities, especially after the end' of World War II, many have wondered about the degree of the success of this program and what its impact might be on the central city and its industrial base. Peter Gripaios responds to this in part in the following excerpts. Locational In_ fiuences The very concentration of population and economic activity in the London area indicates that at one time it must have been, relatively, a very profitable location. Have there then been changes in this relative profitability such that London firms have been forced to go into liquidation or to move elsewhere? If London can be compared with other cities it does seem likely that this has been. the case. There have been net firm losses in many large cities throughout the world and locational factors have been shown to be an important influence. Studies of New York (Hoo- ver and Vernon, 1959; Lichtenberg, 1960; Leone, 1971.), Chicago (Moses and Wil- liamson, 1967), Sydney (Logan, 1966), and Glasgow (Firn and Hughes, 1973) indicate that this is particularly true with regard to the decentralization of manufac- turing industry. These studies reveal that firms have been driven out of central areas by lack of room for expansion, difficulties of access, competition from other uses and high factor costs. They have been pulled to peripheral locations as a result of improvements in transportation, technology and communications and by the existence of plentiful supplies of factors of production. Certainly, there can be no doubt that the devel- opment of motor transportation has radically altered the pattern of location. Mod- ern road systems and vehicles mean -that distance within urban areas is now unimportant and that it does not much matter where factories are located. In addi- tion, the flexibility of road transport has enabled manufacturing firms to capitalize on improvements in production technology. They have been able to utilize space in peripheral locations to build large single -storey plants operating with assembly -line techniques. Finally, improvements in communications have enabled such firms to 16. A report by the Office of International Affairs of the Department of Housing and Urban Development on the United Nations Seminar of New Towns in London, June 1973. The report, written by Jack A. Underhill of the Office of New Communities Development, HUD, clearly stipulates that "the material prescnted'does not necessarily represent the views. of the Department." 535 FUTURE CITY PLANS differentiate their production activities from those requiring face-to-face contacts. A's a result, production establishments can be moved to low-cost "greenfield" sites and only small head offices maintained in the metropolitan core. Such factors may well have contributed significantly to employment decline in London. Certainly, various questionnaire studies of relocating firms have revealed that shortages of space and skilled labour and access difficulties figure prominently in the relocation decision (Keeble, 1968; South East joint Planning Team, 1971). Moreover, in the case of London it seems possible that such factors have been reinforced by the spatial policy measures of national and local governments (below) with regard to their effect on the relative profitability, of an inner London location. Does then, the South East London evidence support the contention that the profit- ability of an inner London location has'changed? it is difficult to be certain one way or the other given the simultaneous interaction of various possible influences but it does appear that the evidence is at least consistent with this contention. (1) One would expect such problems as access difficulties, shortages of space for expansion, high costs and unsuitable buildings to be more serious in the older and more densely populated inner parts of the city. This would in turn suggest that the percentage loss of firms and employment would be higher the more central the location. (2) Since the studies of other cities have emphasized that. the improvements in production, transportation and communications have particularly affected the via- bility of an inner city location for manufacturing industry, one would expect, ceteris paribus, the loss of jobs and firms to be concentrated in this sector. This was especially true of the loss of jobs in South East London, 90 percent of the jobs lost 1961-71 being in manufacturing industry. The survey of closures indicated that though manufacturing establishments declined more than their service counterparts, service industry nevertheless 'declined significantly. (3) Assuming that the cost of land, labour and the cost of obtaining suitable premises in general increases with the centrality of the location, one would expect the direc- tion of firm movements to be outward. It might further be expected that manufac- turing firms with (in general) less need to be close to the market and an assumed higher average land/output ratio than service firms would be moving farther afield than the latter. The data .on firm movements confirms both expectations. It can be seen that, regarding the total number of firms, most tended to move from South East London to other areas of the capital, outside of the central area, in that such moves accounted for over 40 percent of all moves. There is no breakdown of in within Greater London but the fact that there were very few moves (4) to the central area and a large number of moves to beyond the Greater London area indicates, in general, that the movement was certainly outwards. The data, surprisingly, do not show widespread local movement (prob- ably .as a result of the bias of the sample between large firms). In general, the movement of internal relocaters was also outwards—the fourteen internal moves consisting of ten outward, one orbital and three inward moves. The destination of moves differed greatly between manufacturing and service firms. Internal reloca- tions were the most significant in the case of service industry whereas, in manufac- turing, moves to elsewhere in Greater London and to the area beyond were most significant, accounting for 42.percent and 37 percent of all in respectively. Urban and Regional Policy There have been two aspects of spatial policy which have affected the London labour market. Regional policy has been aimed to induce firms to move from prosperous to depressed areas and urban planning policy has attempted to move population and jobs from congested areas to new towns. Local government redevelopment schemes have been an additional influence. There can be no doubt that both aspects of policy have to some extent been responsible for part of the 536. THE URBAN PATTERN job loss. Regional policy tried to stop firms growing in London and encouraged them to move to Development Areas. 17 "NEW , The British New Towns were an expression of the national disposition in the TOWNS" aftermath of World War Il. Whereas most of the people live in the great industrial OUTSIDE centers, the English village and the open countryside represent the cherished ElVGL,11NI3 ' qualities of an ideal environment. This- ideal was given tangible expression by Ebenezer Howard and established as a traditional British objective in the garden city. Urban desires have not followed this firm direction in other places, how- ever. The strong affirmative approach to decentralization -represented by the English New Town program has exerted positive influence elsewhere, but the traditional bond with the older cities in most countries is strong. The self-suffi- cient community as a module for decentralization does not present the same attraction in other countries as it has in Great Britain. As a consequence, the movement of planned decentralization is marked by variations of the British theme. Gideon Golany, professor of urban and regional planning at Pennsylvania State College, presented an excellent overview of new towns 1:n both Europe and the Orient in Cities. 18 His comments deal with conditions and policies in the many nations that have been experimenting with the development of this effort to improve the housing and environmental conditions of their people. The follow- ing material includes excerpts from his intensive studies. Canada The community of Don Mills was begun in 1953 by the Don Mills Development Corporation, a private land and investment company. Being part of North York, one of the thirteen municipalities in the Toronto metropolitan area, it is not politically independent but represents an approach similar to the New Towns of England. Occupying a site of 2,058 acres, it was planned as a new industrial community for a population of 25,000. However, in 1988 the estimated popula- tion in the two wards that are identified as DON MILLS PARKWAY/RAIL- SIDE ROAD INDUSTRIAL AREA contained 84,351 persons. In 1991 there were 200 business establishments, employing 4,250 workers. The majority of the employment is in manufacturing and warehousing, accounting for 47 percent. t9 Located one-half mile from a limited -access highway and 25 minutes from the Toronto airport, it is served also by two railways that traverse the site. The sponsoring development company has encouraged a wide diversification of in- dustrial enterprise, and the entire town has been developed by private companies. It is distinguished for the high level of architectural quality that prevails. Perhaps the most significant aspect of this new town is the policy of the devel- opment company to seek an economic balance between residential and industrial or commercial development. It is the objective to maintain a ratio of 60 percent in the assessed values of residential development and 40 percent in industrial and commercial development. This policy of a balanced economy in the administra- tion of urban affairs suggests an approach to the regulation of urban growth and development everywhere, not merely in new town developments. 17. Peter Gripaios,, Division of Economics, Plymouth Polytechnic, Devon, England. 18. Nancy Akre, ed. Cities (New York: Cooper Hewitt Museum, 1982). 19. Statistics provided by.the Department of Property and Development, City of North York, )anaury 1992, through the good offices of the Ontario Tourist office, Government of Ontario, Ministry of Industry, Trade and Technology, Los Angeles. FUTURE CITY PLANS 537 Fundamentally, however: Canada has also suffered from a fragmented policy towards new -town planning. The Canadians have had a long history of pioneering settlements and exploration of new areas, but it was not until 1973 that a New Communities Act provided capital and planning and management assistance for new towns. The Act also pro- vided 100 million dollars per year until 1978 for land acquisitions. While the Act aims at many of the same things planners implemented elsewhere—stabilization of population movement and stimulation. of economic growth—the Canadian policy has suffered from use as a complement to urban growth strategies rather than as' a part of a regional, more comprehensive plan.20 Around the middle of the twentieth century Copacabana, near Rio de Janeiro, Brazil was a seaside paradise. A quarter of a century later, 250,000 people occupy tall buildings in 3 square miles by the sea. A new city is now planned 10 miles away. Barra de Tijuca, occupying 75 square miles of open space and mountains stretch- ing along 14 miles of beach, was planned in 1969 by Lucio Costa, the planner of Brasilia. Planned as a series of urban communities of 12,000 separated by green- belts and two large centers for 80,000 to 100,000 people each, the new city is expected to accommodate a population of 2 million. The population in 1985 was estimated at. 1,576,657. Designed with the flair of the architect Oscar Niemeyer, the first center is dominated by seventy thirty -four-story apartment towers, six office buildings, and elaborate associated amenities. The grandiose concept of Barra de Tijuca is in the Latin American tradition of dramatic scale. Aratu was also planned by Lucio Costa. An extension of Salvador in the province of Bahia, it was planned for a population of 1,500,000. Aratu is a neighboring city rather than a satellite community; Salvador itself has a population of less than 1 million. The land for Aratu, the first completely planned industrial city in Brazil, was purchased by the state and sold at low cost to developers of industry and housing. Tax incentives were also granted for development. The National Housing Bank (NHB), founded in 1964, is the primary source of financing for urban development; several thousand low-income dwellings have been built in Aratu with NHB loans. NHB funds are obtained by a tax on payrolls of all private enterprise in the country. The NHB borrows from this special fund (Fundo .de Garantia do Tempo de Servico) to finance its urban housing programs, which are directed primarily to housing for families in the slum areas or favellas. These families pay from 1 to 10 percent interest on the loans, according to their income. The unique program has elicited the interest of other countries, but it is not without problems. New outlying housing communities are far from sources of employment. The degree of authoritarian direction concerning the movement of families from the favellas to the new and unfamiliar living conditions, some of which include the proverbial high-rise apartments, has aroused resentment. The bank has also been confronted with the not uncommon predicament of many low-income families unable to meet the continuing financial obligations of home ownership. The places of. greatest historic interest in Paris, most of the important commer- France cial, financial, educational, and political activity, and the entertainment center are O. Na.cy Ahre, ed_ Cities (New York: Cooper Hewitt Museum. 1982). S3S THE URBAN PATTERN confined to an area of less than 10 square miles in the heart of the City. 2' The city, however, covers an area of 40 square miles with a population of 8,709,000 in 1990. The density was 29,213 persons per square mile. The projected population for 2,000 is over 14 million. More than 4 million people have settled in surround- ing districts. This region of between 7 million and 8 million people occupies 300 square miles. Since an urban population increase of 20 million is anticipated by the turn of the century, a multiplication of housing "colonies" is inadequate. Implementation of an urban policy of planned decentralization in the country has been slow. But the pressure of population and .industrial growth has required positive action, and with the passage of the Boscher law in 1970 financial assis- tance for new towns became available. Five new towns with populations between 330,000 and 500,000 were built within a 10- to 12 -mile radius of Paris. Existing villages have been integrated within new town developments here and elsewhere. A group of four new towns have been planned about the periphery of Paris some thirty-five or more miles away from the center of the city. These towns are either tied into the central city or are to be by mass transit facilities to make possible a wide range of choice to the residents for places of employment. Many have thought that these new towns would become the locale for the poor of Paris as the central portion of that city was taken over by the wealthy. In the planning, however, it was the policy of the local and state planning groups, that government -assisted housing and the affluent would find facilities to meet their needs ... sometimes just across the street from each other. One of the new towns is Evey. It has a centrum called, in the reflection of the Greek civilization, the Agora. In and about this commercial center are found all of the amenities that are desirable to meet the need of the local residents. Beautifully planned and developed, the Agora'not only serves but it enriches the residents with cultural facilities. The Agora is an air-conditioned mall arranged for pedestrians. The residential sections are in the form of microneighborhoods containing clusters of approximately 100 dwellings. In the course of the development, the technicians worked closely with the existing and potential residents, especially in the middle class areas of Paris. These new towns are formed by a mix of existing residential communities with new, sometimes high-rise, structures. The French program is state -planned; private enterprise was enlisted in development. Other satellites are also under construction around Lille [for 150,000], Lyons [for 300,000], Marseilles [for 750,000], and Rouen [for'140,000]. The French new -town satellites are coming into their own as economic entities, and their population will exceed 100,000.22 Spain In Spain, where the same concentration of population in large urban centers exists, a 1970 legislative decree created Urban Urgent Action (ACTUR), a plan for eight new satellite towns ranging in population from 60,000 to 120,000. Three of these are near Barcelona, the principal city of Spain, and the others serve Madrid, Seville, Valencia, and Cadiz.23 Sweden Sweden was the first country in Europe to enact legislation for planning, -with the Urban Building Act of 1874. However, the social and economic circum- stances there have not compelled attention to planning on a regional scale. The first Town Planning Act of 1907 and the 1931 act were similar to the 1909 and 1932 planning acts in England, but emphasis was placed on site planning and street and building arrangements rather than on regional relationships. 21. The following data are from New Communities in Selected European Countries, U.S. Department of Housing and Urban Development (Washington, D.C.: U.S. Government Printing Office, April 1974). 22. Golany, Cities. 23. New Communities. FUTURE CITY PLANS 539 Courtesy Hugo Piiivits FARSTA—Town center Courtesy Hugo Priivits VALLINGBY—Town center Courtesy Hugo Priivits Courtesy' Hugo Priivits VALLINGBY—Town center and apartments Vallingby and Farsta. Neither Vallingby nor Farsta are, nor were they intended to be, self-contained "new towns." They are integral developments of the general plan for the decentralization of the city of Stockholm. They were planned, however, to support a complete marketplace and business center, to provide industrial employment to complement the employment opportunities in the central city, and to accommodate a diversification of dwelling types to meet the wide range in family composition in a balanced community. When completed, Vallingby will have nearly 500,000 square feet ofshops and more than I million square feet in office space, social and welfare facilities, and entertainment. Some 40 percent of the employment has been within the nearby new industrial district. Visitors to the new towns in recent years have marveled at the way in which the homes, grounds, and overall living environment have been maintained. Employment opportunities have increased as new firms are hired away from the more intensively developed, older cities. The plight of London is an indication of the.decentralization of industry to the open sites in the new towns. The consumer cooperative movement reflected the direct and pragmatic ap- proach to, the solution of economic and social conditions for which the Swedish people have demonstrated capability. The self-help small cottage or Magic - House program initiated in 1927 is another example. One -tenth -acre plots on city -owned land were made available for 60 -year lease and a ground rent of 5 percent of the land value. Prefabricated houses were also made available for erection by the owner, his or her labor amounting to 10 percent of the cost. The balance of 90 percent was to be repaid to the city in thirty annual installments. This program presented a practical means for families of low income to acquire decent homes as a substitute for substandard tenements in the congested city. The plan for the decentralization of Stockholm has resulted in two noteworthy developments in urban planning, Vallingby and Farsta. Some 50,000 people with sources of employment in the central city have had to seek dwellings within the suburban districts. This is equivalent to about one-third of the housing in the new suburban developments. These two new communities are therefore related to the general plan of the city. They are served by a subway to the center. It was intended that the usual development of small suburban increments, proved un- able to support an adequate community center, be avoided. The Vallingby group was therefore planned for a population of 60,000 that, including the immediate existing suburbs about it, could support a complete shopping and commercial 540 THE URBAN PATTERN center. The Farsta district, with a surrounding population of 35,000, was planned for the existing number. Industrial sites were reserved within the vicinity of both communities as part of the decentralization programa These towns are built on publicly owned land. They attest to the wisdom of the policy adopted by the city many years ago to acquire large tracts of land about the periphery of the city. Planning for the greater city of Stockholm was thus implemented -and -the -complete_-,development of "these new communities was made possible. The city built some of the housing, and land was leased to coop- eratives and other private organizations -for additional housing and commercial and industrial development. Open space for recreation was reserved between the towns and Stockholm, but the relatively convenient proximity (Vallingby 7 miles and Farsta 6 miles) to the central city offers a diversification of employment and the advantages- of cultural facilities in the city. Since these successful towns were founded, Skarholmen-Varherg and Soderby- Salen have also been built around Stockholm, and a -dozen relatively small com- munities are distributed through the southern part of the country. Denmark A series of urban concentrations in a linear alignment, `known as the Finger Plan, was adopted in 1949, part of the plan for the development of an integrated decentralization of the entire metropolitan region of Copenhagen. It was esti- mated that the urban population of this region would increase 70 percent, about 1 million people, by 1980. The Finger Plan was expanded in 1958 with the recommendation for two large urban centers southwest of Copenhagen. Each of these new centers would accommodate 250,000 people, a population considered by the planners to be an optimal size to support all necessary major urban ser- vices, provide a desirable diversification of industrial employment, and yet facil- itate the convenient circulation of motor vehicles without the congestion that afflicts the larger cities. Although the new communities were intended to have self-sufficient economic bases and their size and facilities would exclude them from the category of satellite towns, a key purpose of the Finger Plan is conve- nience of communication between the new centers as well as to the central city of Copenhagen. The aim is integration with, rather than isolation from, the metropolitan complex, and this linear structure is therefore dependent upon a rapid and efficient system of rail transportation .24 Finland The policy of planned decentralization is also illustrated in the new town of Tapiola in Finland. Situated on a superb wooded site 6 miles from Helsinki, the new satellite town is exemplary. Although it is relatively modest in size—a population of 17,000 on 670 acres -Arne Ervi's town plan, chosen by a compe- tition in 1952, reflects the sensitivity and skill of the several architects who partic- ipated in its destiny, among them Jorma Jarvi, Keija and Heiki Siren, Viljo Rewell, and Aluis Blomstedt. Residential groups are situated among the forest areas in three neighborhoods of about 6,000 people. Each is provided with con- venient shopping centers with indoor and outdoor recreational facilities. Bicycle and pedestrian ways are carefully separated from motor roads. Housing ranges from one- and two-story dwellings and three- and four-story walk-up apart- ments to eleven -story apartment towers. Dwellings are purchased with the aid of loans at low interest from the State Housing Board. 24. Eric Reade, Journal o(the Land Plauuigq L+stitnte, London, December 1961 January 1962. FUTURE CITY PLANS 541 An area of light industry provides employment for about half the residents, and a short bus . trip to Helsinki extends employment and cultural opportunities. Completed in 1965, Tapiola was administered by the Housing Foundation, an association of consumer, civil servant, and trade union organizations created in 1951. The town site was purchased by the Family Welfare League before the establishment of the Housing Foundation. With aggressive private initiative, this new town achieved an environment of unique distinction under the direction of Heiki von Hertze, chief of the Planning Department for the Foundation. The changes that have taken place during the early part of the 1990s in Eastern Poland Europe, with the defection of Poland from the Soviet camp, and the complete- disintegration ompletedisintegration of the Soviet Union itself into a fragmented, balkanized federation of independent states is difficult to comprehend or evaluate. Planning that was centrally performed while the nation was a whole has now shifted and is in the hands of persons with different skills, philosophies, and the usual lack of financial support. The following material is helpful for an understanding of what existed and what were some of the ideas behind the programs. In Poland, the creation of new towns became an emergency issue after the destruc- tion of Warsaw and other cities during World War II. After 1950, the Polish gov- ernment built three free-standing new towns, six satellite towns, and forty-four new towns within Warsaw limits. Except for the satellites, the new towns were usually expansions of existing small towns. In their early stages, the new towns were characterized by geometric uniformity and temonumentalization," but the government later shaped new towns as entities of their own and developed the neighborhood as the unit of social focus. Some new towns lacked adequate old centers (such as Tychy) or convenient access (such as Konin), creating difficulties for planners. The government is responsible for assemblage, planning implemen-. tation, and operation of the new towns. In 1972, there were half a million people in the Polish new towns, but population will eventually reach 800,000. A large portion of the Polish new -town population is young married couples with small children who have come from all over the country. In the years just after the war, shortages in urban labor brought many workers from small towns who regarded the new towns as an improvement, al- though the standard of living was not and is not high.'' The theory of the new towns was adopted by the Soviet Union. Industries were Soviet Union (Now discouraged from settling in cities that have reached a population of 500,000 or the Commonwealth more, but new communities were to become satellites of large cities, to assure of Inde endent proximity to cultural activities. Three population sizes are favored for new P States) (C.I.S.) towns: 30,000-50,000; 80,000-100,000; and 100,000-300,000. In 1974 plans were made for five new towns of 100,000 for the region around Odessa. Eighteen such towns have been proposed for the region around Moscow, the first of which is Kryukov. The future size of this great urban complex will be limited to 5 million people. The Russians have employed a number of new -town designs. Some are dormitory towns for commuters, some are self-sustaining with local employment, some are built to sustain rural industry, and some are built to disperse the population for strategic military purposes. 25. Golany. Cities. 542 THE URBAN PATTERN According to Russian sources more than 1,200 new towns have been built in Russia since 1926, housing more than 40 million people, or a quarter., of the national population. Between 200 and 250 more new towns are to be built by 1985. A longer -range plan targets twenty-five cities and regional centers for intensive con- struction of small and medium cities by 1991, each with a population of up to 100,000. Russian new towns have brought progress and technology to backward regions, have increased industrial production, have succeeded to some extent in population distribution, have supported natural resources exploitation, and have distributed industry. But because of the immense cost of building new towns, coupled with harsh cli- matic conditions and the remoteness of many regions, the Soviet approach has had only limited success. Bringing population to the east and especially to Siberia has been a major problem, as has the complaint that many of the new towns are created and managed in "company -town" style, the result of planning a new town to serve a single industry. 16 , Israel Israel faced several unique problems in planning new towns. First, the nation started entirely from scratch, in order to create a homeland for widely dispersed Jewish. populations. Second, the geographical area involved is quite small and population must be spread away from the cities to avoid overconcentration on the Sharon (Mediterranean) coast. And third, the nation feels acute defense and geo-political needs, and towns are placed accordingly. Most of the Israeli development towns are self-supporting communities built from the ground up. All of them were built through government support and planning, and all are considered in the public domain. More than 20 percent of the total population now resides and works within the twenty-eight development towns. There are no specific towns for specific jobs—all are planned for mixed land use and all provide basic social and daily services. Because many current residents came to Israel without any wealth, housing for the development towns is publicly subsi- dized.27 Israel has built many new towns in addition to the reconstruction and expansion of Jerusalem, Haifa, and Tel Aviv. New communities were developed, some as defense outposts, others as permanent homesites, for immigrants arriving from many parts of the world. Along the coast of the Mediterranean two important centers were constructed in the late 1960s and early 1970s, Ashdot and Askelon. The new town of Eilath was constructed at the northern end of the Gulf of Aqaba. The government used British town planning standards and techniques. Most structures are two or three stories in, height and built of masonry materials. The site planning is, for the most part, very good, with adequate open spaces for recreation and outdoor living in the temperate climate. The decision to establish the new town of Arad was taken by the Israeli govern- ment in 1960. During the course of the following 2 years a team of planners was engaged in developing the physical, demographic, and economic basis of the town; and by the end of 1962 the first settlers arrived. Arad is situated in the northern Negev east of Beersheba and borders the Judean Desert. It is located on a plateau 1,968 feet above the Mediterranean and 3,280 ' 26. Ibid. 27. Ibid. FUTURE CITY PLANS 543 feet above the Dead Sea, overlooking them from the west. It is located 45 kilo- meters (27.9 miles) from Beersheba and 100 kilometers (62 miles) from Jerusa- lem. To the Dead Sea and its curative springs one has only to travel 25 kilometers (15.5 miles—a half hour). There are two highways leading to Massada—one by way of Sodom, the other, originating from within Arad itself, leading to the ancient Roman ramparts only 45 kilometers (27.9 miles) to the west. Ancient.Arad, as it is called in the Bible, is located 10 kilometers west of the new town. Archaeological excavations exposed an.Israelite fortress dating back to the period of the kings of Judaea (seventh century B.c.) and an ancient Canaanite city no less than 5,000 years old. The 1990 population of Arad was 15,400. Arad was planned during the sixties without the population 'pressures caused by the fifties' waves of mass immigra- tion. Thus the types of planning errors that characterized and plagued develop- ment towns preceding Arad were prevented. The streets are wide, the apartments spacious, and the town itself is planned for a projected population of 70,000 inhabitants. Clearly established development priorities favor industrial expan- sion, high- and low-density housing, commercial growth, and the tourist hotel industry. The local climate is uniquely suitable for sufferers from asthma and various allergies. From its inception, the town has actively prevented air pollution; the municipality of Arad directs special attention to the preservation of clean, dry., and refreshing air. Even the flora is controlled in order to preserve the air's unique properties. The late president of Egypt Anwar el -Sadat stated that until his administration, Egypt "not a single new city has been erected in Egypt since the opening of the Suez Canal." In the short course of his presidency a cluster of new towns was designed and construction started. ,Most of the efforts were directed to the developments in the delta land of the Nile adjacent to Cairo. Tenth of Ramadan new town lies 50 kilometers (31 miles) from the center of Cairo on the Cairo -Ismailia highway. It has a target population of 500,000, which may be reached before the year 2000. Tenth of Ramadan is to be an industrial city with medium industries. Some major facilities were already constructed and the school, shopping, and cultural facilities for the first unit were completed in 1980. Other • communities include Sadat Industrial New Town is located about 104 miles from Cairo adjacent to the Cairo -Alexandria Desert Road. It, like Tenth of Ramadan, is planned for a pop- ulation of approximately 500,000 by the year 2000 and an ultimate population of 1 million. El Obour is being planned for a population of over half a million, El Amria for approximately 1 million. Other new towns are in the planning stages. The location of the new towns—between Cairo, Alexandria, and the Suez Canal —is intended to relieve the tremendous population concentration in Cairo, Alexandria, and Ismailia. The housing types, as for example in Tenth of Ramadan, vary from one-story modest accommodations to two-story buildings of a rather handsome character. All are constructed of masonry. While rapid changes have taken place in the other communist countries, the People's Republic system appears to be holding in China. Cries for democracy that resulted in the of China massacre of students.in Tien An Men Square as well as the terrific earthquake 544 THE URBAN PATTERN 'Y ,r'' New town near Cairo, Egypt. Plans for this new town are well on their way to completion. In 1980, having built an industrial plant and ed- ucational religious, x x °� �p . .r' o ,•.•. r' ,f f� :,�.. ;;. g and edhrral faeil- _� ..,ti,,.,:rr,�e � :;.Q'S• ;,;fir•, 4+ ry ���..�'?".. ities, the town has also provided G _ _ multiple family housing for its present N`, 2 ?� ��%' S�.._?':' y ; , andfixtureresidents. '9- E �G that devastated Tangshan in July 1976 have not altered the current government's ways of planning. The following is a reflection of past progress. Since 1949 more than ten industrial towns have been created in the suburbs around Shanghai. These towns are 18 to 42 miles away from the central city. They have been developed in conformity with sound city planning principles and provide for industrial, residential, and commercial areas as well as for greenbelts, railway stations, schools, parks, medical facilities, and other amenities. Some of these communities were built as an extension of existing small enclaves, where the population ranged from 3,000 to 5,000 persons. They have now grown into small industrial complexes with more than 70,000 residents. Ties with the exist- ing central city have been constructed to ensure regional services such as energy and transportation. The open space between the old cities and the new towns is being utilized for intensive agriculture to provide food for the residents, thus narrowing the difference in attitude between city and country residents and workers. One of the most exciting of the new town policies can be seen in action along the Chinese coastline. Four cities there have been developing new towns in what are called Special Economic Zones: Zuhai, near Portuguese Macau; Shenshen, near British Hong Kong; Shantou (Swatow), and Xiamen (Amoy). These will be an industrial base centered in manufacturing and export centers to attract foreign trade: It is the hope of the Chinese that these centers, while exporting goods, will become the educational institutions for teaching the Chinese people the ways of the Western world. They are or will soon be the leaders in the developing open door policy toward economic dealings with the other nations of the world. FUTURE CITY PLANS 545 To encourage foreign investments the Chinese government makes the land avail- able free of cost for residential and commercial developments. Much of the capital being invested in the new areas comes from Hong Kong, as many of the people of that community seek better living and working accommodations than those available in that overcrowded Crown Colony. With virtually all of the urban land in Hong Kong and Kowloon in use, most Hong Kong new construction must be in the New Territories that border the People's Repub- lic of China. Six new towns have been built in this area and a seventh is planned. The biggest is Tsuen Wan, which is well on its way to full occupancy, with a population ,of about 1. million people. Next biggest will be Sha Tin. and Tuen Mun, each planned to have a population of about 500,000. The other new towns at Tai Po, Yuen Long, Fanling, Sheung Shui, and Sai Kung (under planning in 1985), will not be as large, but each will become the commercial and administra- tive hub of its district. Japan's major cities are phenomena of congestion. In an attempt to deal with what is perhaps the world's most pronounced example of urban congestion, Japan's new -town program calls for satellite towns beyond the greenbelt surrounding large cities. Tsukuba, an academic new town under construction northeast of Tokyo in 1980, plans to accommodate forty-three educa- tional institutions between 100 and 200 thousand people. More than half of the population is slated to live in high-rise buildings at the town's center. Senri, which was constructed to draw off Osaka's swelling population, now has a population of 150,000. In all, there are twenty-seven new towns in Japan, most of them started after 1960. The biggest problem now facing. Japanese planners is locating the new towns so that not too much.of the sorely needed agricultural land is displaced.-' Tama New Town, constructed just outside of Tokyo, is another excellent ex- ample of recent development in Japan. This site contains more than 7,500 acres of land on a hilly site. Housing is all in high-rise buildings. Access to central Tokyo is provided by two electric railway lines, both privately operated. Over 14,700 dwelling units were completed by January 1981. The town will ultimately provide housing for 370,000 people at a gross density of approximately fifty persons per acre. This density, when compared with the crowded conditions in the Tokyo metropolitan area, is very low. Suma New Town, just outside the city of Kobe, was completed and occupied in 1985. This new town contains 31;420 dwelling units located on 2,237 acres of land and houses a population of 115,000 people. The goal of this town was to provide good -quality living conditions at a reasonable cost. In addition the plan- ners aimed to provide for a "human -oriented" environment, safe and.comfort- able to live in. The town provides medical and cultural facilities as well as sports centers and other recreational facilities. The town comprises six housing com- plexes, formed as distinct but integrated neighborhoods. Municipal express trains link the central area and the industrial districts of Kobe. A plan for the new town of Suzuran-Ko was prepared at the request of the Japanese Ministry of Transport. The proposed site was an area of approximately 2,918 acres located about nine kilometers northwest of downtown Kobe. The site analysis was conducted by means of a computerized system that offered appropriate synthesis for development areas compatible with environmental 2s. Ibid. -.amu ----� - Japan Suzuran-Ko New Town. The creation of this town involved the movement of 350,000,000 cubic me- ters of earth to Kobe Bay to achieve the landfill for the creation of the new In- ternational Airport, together with the development of the site for Shhzuran New Town. The new town will ac- commodate almost 26,000 dwelling, units and all essential services. 546 THE URBAN PATTERN i ry h 0 50 f00 200 400 BOOM i KILOMETER 0 200 400 860 '�WFT MILE facts, thus reducing the overall impact of urban structures on the natural environ- ment. Suzuran-Ko (which means "Lily of the Valley") was intended to provide a vari- ety of residential types totaling 25,945 dwelling units, together with 4,000 dwell- ing units for a special environmentally and urban -oriented university. The expected total population after 10 years of development was to be approximately 100,000 persons, with residential densities ranging from thirty-five families per gross acre (which includes streets) to forty-four families per net acre (which is the land that can be used for business and facilities). Aside from featuring a cluster of nine villages gathered around a 325 -acre lake formed by earth removal, Suzuran-Ko was to incorporate a special intercom-. munity transit system that would support town community centers, a regional park, and marina facilities. This transit system was designed to enable residents to be within 5 minutes' walking time to all sections of the town. Open space was to represent almost half of the total site area; much of it was to be developed for regional recreational use. The estimated cost for Suzuran-Ko was to be about 570 million yen. Although this hypothetical new town was not built, Suma New Town may well have become a reality as a result of the intensive study devoted to Suzuran-Ko. FUTURE CITY PLANS 547 Developing countries face larger, more comprehensive problems in new -town planning, so perhaps intelligent planning now will yield more effective cities than those of the developed world. Venezuela, for example, has pooled large resources to build new towns, including Ciudad Guyana, a new center for 300,000 near the center of oil and iron production; Alta Gracia, built around the petrochemical industry and planning a population of 330,000; and Ciudad Losada, a satellite of Caracas. Mexico, which is looked to with increasing frequency as a proving ground for city planning, showed foresight when in 1959 planners named a Mexico City suburb Satellite City. Critics who chided planners for placing a satellite so far from the city were silenced, however, when the burgeoning city expanded past its own satellite a few years ago.29 The occasion to undertake the building of new cities to serve as government capitals is rare, and those in progress in Brazil and India are unusual both in this respect and in the boldness of their expression of urban form. Such planning is outside the context of towns as they relate to the mammoth problems of metro- politan urban expansion, but these two recent examples warrant attention:. Chan- digarh in India and Brasilia in Brazil. 29. Ibid. New town planning in Japan. Courtesy Embassy of Japan Informa- tion Section, and Cooper Hewitt Mu- seum, Cities, 1982. Developing Countries NEW NATIONAL CAPITALS 548 THE URBAN PATTERN Brasilia The constitution of the Republic of Brazil in 1889 included a provision for a new capital for that country. The location .was not determined until 1955, when a site at the confluence of two rivers some 600 miles from Rio de Janeiro was selected. A development corporation, appointed by the president, assumed charge of the building of the new city, and a competition for the plan was held in 1957. It was won by the Brazilian architect Lucio Costa. The creative .talents of Oscar Nie- meyer are among those employed for the dramatic architectural forms through- out the city. - Brasilia: general plan. The concept is bold: -two huge axes in the sign of the cross. The principal multi- level traffic arteries traverse these axes. Separate • centers for. government, com- merce, and entertainment are located along one axis, and the residential districts are distributed about the other. Building of the city has progressed as rapidly as funds are .available. Great blocks of tall apartment buildings dominate the resi- dential sections, and the entire theme of the city is a monumental expression of concrete and glass. The positive conviction, uncompromising courage, and daring forms represented in the new city are inspiring. Perhaps a faint question can be heard through the powerful thrusts of this dynamic place: It is really for people? In 1978 the city seemed out of touch with its surrounding open space -somewhat sterile and with a building scale that made it difficult to comprehend it as a "city." Later, when visitors came to Brasilia in the 1980s they commented on the condition of the buildings, noting that many were in disrepair. The bright, attractive new city 1. Plaza of the Three Powers 2. Esplanade of the Ministries 3. Cathedral 4. Cultural Area S. Amusement Section 6. Books and Offices 7. Commercial Area S. Hotels 9. Radio and Television Towers 10. Sports Area I I. Municipal Plaza 12. Sentry Outpost 13. Railroad Station 14. Warehouses, Small Industries 15. The University 16. Embassies and legations 17. Residential Zone 18. Twin Houses 19. Twin Super -Blocks 20. Botanical Gardens 21. The Zoo 22. Highway Terminal 23. Yacht Club 24. Residential Palace 25. Tourists' Hotel 26. Exhibition Grounds 27. Horse Club 28. The Cemetery 29. Airport 30. Golf Club 31.Individual Residences (So.) 32. Printing Facilities 33. Individual Residences (No.) 34. Suburban Residences (Pky.) FUTURE CITY PLANS 549 had lost much of its glamor. The hopes that favellas would not develop on the outskirts are long gone. Workers and the poor flocked to the new city when it was under construction and have remained as evidence of the sad economic plight of many of the people of that lovely country. The ancient capital city of the state of Punjab in India was Lahore. When India Chandigarh and Pakistan were partitioned, Lahore was contained within Pakistan. The site of Chandigarh, on the rolling plains near the foothills of the Himalayas, was selected for the new capital of the Punjab. Prime Minister Nehru appointed Le Corbusier to serve as adviser to the government for the plan of the new city. In collabora- tion with Maxwell Fry and Jane Drew of England and P. L. Varma, chief engi- neer for the state, a master plan was developed in 1951. A future population of 500,000 was ,anticipated, but the initial stage of the plan provided for a population of 150,000 on a 9,000 -acre site. In 1989 the population grew to 218,743. The plan is a huge gridiron . of major roads intersecting at distances of one-half mile in one direction and three-quarters of a mile in the other. These roads -define neighborhood sectors, each 240 acres in size and hous- ing about 15,000 people. The commercial and civic center occupies the heart of this great square. The capital complex. is set apart along one boundary of the city on a site of 220 acres. Comprising the palace of ministers or secretariat, the palace of the assem- bly, the palace of the high court, and the palace of the governor, this complex and the buildings within it were designed by Le Corbusier, who added a sym- bolic sculptural feature to the group—the Open Hand (representing Buddha's upraised palm). The plan is no more bold than might be expected from the creative mind of Le Corbusier. Situated on a vast plain in a hot and and region, it nevertheless evokes positive response from those who view it. The highly disciplined order and the sweeping scale of the entire concept are at once impressive. In this respect it shares an affinity with the tradition of the Mogul Empire which, during the period of Islamic domination in India, executed unsurpassed strokes of bold planning and. city building. Yet there is a basic difference between the monumen- tal group of this new capital and the earlier Mogul tradition. Even in a dead Mogul city like Fatepur-slkri, a human scale seems to pervade the paved courts and the varied structures within and about them. This city lived for only fifty years but, stark and empty though it now is, the relation between buildings and space, the light and shade of arcades and sheltered areas, convey a vivid impres- sion that the place was meant for people. Somehow this quality is not present at Chandigarh. At Chandigarh, the palace of ministers, a tremendous concrete structure 800 feet long and nine stories high, is one-quarter of a mile distant from the high court palace. Perhaps trees may one day provide a welcome canopy of shade within this vast space, but a rich landscape to cover the dimensions of the open space in this complex is hardly indigenous to the region nor reminiscent of the delightful gardens that once graced this country. The great structures are powerful expres- sions of abstract form and pattern, and the space between them is of mighty proportions. Yet they seem to withhold an invitation for people to share in the experience, and tender no protection from the burning sun. Thus one may pon- der the art of planning and await the emergence of Chandigarh as a complete reality to evaluate the grand concept it represents. 'keV-. _ . . Brasilia central core, view toward ad- ministrative center. 550 p THE URBAN PATTERN Islamabad When the new nation of Pakistan was formed, changing the status of the former Indian province to a separate state, it became necessary to select a capital. The provincial capital in the ancient city of Lahore was moved to Rawalpindi, located along the foothills of the Himalayas in West Pakistan. The facilities in Rawalpindi proved unsatisfactory to meet the needs of the new nation, and in 1959 a capital development authority was appointed to develop a new capital, Islamabad, nearby. The rigid geometrical plan, by the Greek architectural firm of Doxiadis Associates, is divided into residential sectors or neighborhood units of some 800 acres. Each sector is served by civic facilities, schools, health services, recreation facilities, and mosques. The administration center at the crossing of two main avenues contains the president's house, the secretariat, the assembly, the supreme court, and cultural buildings, with a large enclave for foreign missions. With a great national park and extravagantly monumental public buildings in Muslim tradition, the city of Islamabad should reflect the ambitions of the new nation. ®BSER- New towns the world over vary greatly. At Farsta in Sweden, built upon hilly V.ATI®TTS terrain, the buildings rise excitingly from natural rock formations, providing for a happy marriage with the site upon which they have been built. British New Towns have, for the most part, been constructed on relatively flat or rolling land, where the topography does not add interesting variations. Tapiola in Finland contains a wide variety of building types, including both high- and low-rise structures, all within heavily forested land and with,. water as another sort of architectural relief. As one meditates upon the qualities that charge a city with the human spirit, the images of many places loom in contrast to the remarkable new towns in Brazil and India. Probably none is more heartwarming than that of Paris. The charm of 551 FUTURE CITY PLANS its monumental spaces, the saucy animation of its avenues, the delight in its varied perspectives, seem less to have been planned than to have blossomed. Perhaps, more than an efficient arrangement of its streets or the abstract shape of its buildings, it takes "the.music of men's lives" to give a city character. Gideon Golany, who said it so well, observes: The experience of careful planning and allocation of resources has shown that new towns can be a successful alternative to increasingly cramped cities. In places where nations have been willing to adopt the recommendations of planners and create new towns, such as Great Britain and France, the towns that resulted were not only pleasant places in which to live, but also economic pluses for the area. As world and especially city population expands, the new -town concept will continue to be a sound and feasible option."' Brazil legislative and administrative center, view of. the Houses of Con- gress. There are geographic entities that have been incorporated as towns and have NO—TOWN individual names but no reason for existence as separate political entities other TOWNS than frustration or hatred for the treatment that their residents received from, their former governing body. These areas, in many cases, are the sprawling suburbs that have grown about the periphery of all large cities that border on open or agricultural land. Known by several names, including "bedroom communities," "escape estates," or just "the 'burbs" (suburbs), these "no -town towns" have no economic base, 30. Ibid. 552 THE URBAN PATTERN The new national capital: Islamabad. (Courtesy of the Pakistan Embassy.) offer no employment, and provide no strong social or cultural context. In many cases, incorporation as towns or small cities has followed 'fear of impact by county decision makers: These fears, usually associated with zoning practices, have led to the creation of jurisdictions with no tax base; no ability to provide services other than at minimum levels through contract with the county, special districts, and consultants; no sense of goal or policy direction. These are the towns with no reason to exist. But exist they do. The urban history of Southern California is full of examples of cities that came into existence to escape from something—real or imagined. Actual bankruptcy or disincorporation has not 'yet happened. Eventually, rapid growth of major cities washed over these no -town towns and brought with it the minimalls, fast food outlets, and video rental stores that supplied enough tax base to allow local government to hang on. The result, however, is nor a triumph of the virtues of local government. Rather it is a proliferation of poorly run, poorly financed, poorly organized governmental entities, each protecting its turf and avoiding dealing with other entities and regional problems. ... .,, L :.,. y. .y'... ., .. .tM 1:lt'sl :psi`. 1'(d �1 •i 1.i 7•,x^1. •.�; Ji �F,e File .rev' w d by on 1 1 an is ready for destructign by City Clerk File revi e iby On and is.r�ady for .scanni g