HomeMy WebLinkAbout07/05/1994Cit
C olancil"I
AGENDA
Tuesday, July 5, 1994
6:00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Mayor
Gary H. Werner
Mayor Pro Tem
Clair W. Harmony
Council Member
Eileen R. Ansari
Council Member
Phyllis E. Papen
Council Member
Gary G. Miller
City Manager
Terrence L. Belanger
Interim City Attorney
Michael Montgomery
City Clerk
Lynda Burgess
Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the
City Clerk, and are available for public inspection. If you have questions regarding an agenda item,
please contact the City Clerk at (909) 860-2489 during regular business hours.
In an effort to comply with the requirements of Title 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
accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk
a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or drinking #7 The City of Diamond Bar uses rec(cled paper
in the Council Chambers. �``j ; and encourages you to do the same.
MISSION STATEMENT
The City Council meeting is the forum established to
conduct the business of the City of Diamond Bar, its
citizens, property owners, and businesses. The City
Council has chosen to conduct its business meetings in a
televised, open forum. This has been done to assure that
all community members are kept informed as to the status of
City business. It is the Council's objective to conclude
the business stated on the evening's agenda by a reasonable
hour, which is 11:00 p.m. To accomplish tonight's
objectives, the City Council requests that:
1. Public comments may be directed to Consent
Calendar items or matters of interest to the
public, which are not on this evening's agenda.
2. Public comments on scheduled matters will be
heard in conjunction with the respective
agendized subject.
3. There are to be no personal attacks toward
individual members of the City Council. Such
comments are viewed as personal attacks against
the entire City Council and will not be
tolerated.
4. There are to be no personal attacks from an
individual Council member. Such are viewed as
personal attacks from the entire City Council,
which are not conducive to a positive business
meeting environment; and, will not be tolerated.
The Diamond Bar City Council appr iates your cooperation.
Gar We:ner, Mayor
Clair W. Harmony Phyllis E. Papen
Mayor Pro Tem Council o
Eileen R. Ansari r G. Mill
Councilwoman Councilman
Next Resolution No. 94-32
Next Ordinance No. 3(1994)
1. CALL TO ORDER: 6:00 p.m.
PLEDGE OF ALLEGIANCE: Mayor Werner
ROLL CALL: Council Members Ansari, Papen,
Miller, Mayor Pro Tem Harmony and Mayor Werner
2. RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE
CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1,
1994 AND ENDING JUNE 30, 1995 INCLUDING MAINTENANCE AND
OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND
APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS,
OBJECTS AND PURPOSES THEREIN SET FORTH - Submitted for Council
review and approval is the proposed FY 1994-95 Annual Budget
and its accompanying resolution. Continued from June 28,
1994.
Recommended Action: It is recommended that the City Council
adopt Resolution No. 94 -XX approving and adopting a budget for
FY 94-95.
Requested by: City Manager
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 Presentation of MIA/POW Flags by Tom Ortiz - Donated by
Brea Memory Gardens
4. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Please complete a Speaker's Card and give it to
the City Clerk (completion of this form is voluntary). There
is a five minute maximum time limit when addressing the City
council.
5. COUNCIL COMMENTS: Items raised by individual Council -
members are for Council discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
6. SCHEDULE OF FUTURE EVENTS:
6.1 Concert in the Park - July 6, 1994 - 6:30 - 8:00 p.m.,
Cadillac Blue - Country Western - Sycamore Canyon Park,
22930 Golden Springs Rd.
6.2 Planning Commission - General Plan Public Hearing - July
11, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley
JULY 5, 1994 PAGE 2
6.3 Multi -Cultural Committee - July 11, 1994 - 7:00 p.m.,
AQMD, Room CC -2, 21865 E. Copley Dr.
6.4 Material Recovery Facility Committee (MRF) - July 12,
1994 - 7:00 p.m., AQMD CC -6, 21865 E. Copley Dr.
6.5 Concert in the Park - July 13, 1994 - 6:30 - 8:00 p.m.,
Mid West Coast Band - Top 40 Contemporary - Sycamore
Canyon Park, 22930 Golden Springs Rd.
6.6 Traffic & Transportation Commission - July 14, 1994 -
6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
6.7 City Council Meeting - July 19, 1994 - 7:00 P.m., AQMD
Auditorium, 21865 E. Copley Dr.
7. CONSENT CALENDAR:
7.1 APPROVAL OF MINUTES:
7.1.1
Regular Meeting of May 17,
1994 -
approve as
submitted.
7.1.2
Special Meeting
of May 26,
1994 -
approve as
submitted
7.1.3
Adjourned
Regular Meeting
of
May
31, 1994 -
approve as
submitted.
7.1.4
Adjourned
Regular Meeting
of
June
1, 1994 -
approve as
submitted.
7.1.5
Adjourned
Regular Meeting
of
June
3, 1994 -
approve as
submitted.
7.1.6
Adjourned
Regular Meeting
of
June
6, 1994 -
approve as
submitted.
Requested by: City Clerk
7.2 VOUCHER REGISTERS - Approve Voucher Registers Dated July
5, 1994 in the amount of $449,974.72 for FY 93-94 and FY
94-95.
Requested by: City Manager
7.3 TREASURER'S REPORT - Receive & File Treasurer's Report
for the month of May, 1994.
Requested by: City Manager
7.4 Release of Grading Cash Bond Posted for 2476 Indian Creek
Road in "the Country" - The City desires to release Cash
Bond No. 143204 posted for 2476 Indian Creek Rd., in the
amount of $13,383.65.
Recommended Action: It is recommended that the City
Council approve and accept work completed and release the
cash bond posted with the City in July, 1992; further,
direct the City Clerk to notify the principals.
Requested by: City Engineer
7.5 AGREEMENT WITH THE EAST SAN GABRIEL VALLEY CONSORTIUM TO
RELATING TO EFFECTIVE UTILIZATION OF FEDERAL FUNDS
JULY 5, 1994
PAGE 3
PURSUANT TO THE JOBS TRAINING PARTNERSHIP ACT OF 1982 -
Congress enacted the Job Training Partnership Act (JTPA)
to establish a federally -funded job training and
placement program for qualifying individuals. For the
past several years, the Human Services Consortium of the
East San Gabriel Valley (Consortium), has administered
the funds and has provided job training and placement
services to eligible residents of our community. Growing
concern over the lack of coordination and communication
between the Consortium and the cities of Claremont, D.B.,
La Verne, San Dimas and Walnut has resulted in a request
to establish a Liaison Committee with the Consortium.
Recommended Action: It is recommended that the City
Council authorize the Mayor to execute an agreement
between the East San Gabriel Valley Consortium and the
City for establishment of a Liaison Committee to ensure
effective utilization of Federal Job Training Partnership
funds. It is further recommended that the City Council
appoint a representative to this Committee.
Requested by: City Manager
7.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR SLURRY SEAL, AREA 5 IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS - The City is divided into seven areas for
road maintenance purposes. This year's program includes
patching and slurring of streets in Area 5. Specifica-
tions for the subject project are complete.
Recommended Action: It is
Council adopt Resolution No.
specifications of the 1994-9
5
Requested by: City Engineer
recommended that the City
94 -XX approving plans and
Slurry Seal Project.
7.7 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR GOLDEN SPRINGS DRIVE LANDSCAPE MEDIANS
FROM THE WESTERLY CITY LIMIT TO LEMON AVENUE IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS - To provide a uniform landscaping theme
along Golden Spgs. Dr., landscape medians have been
identified between the westerly City limit and Gona Ct.
as part of the Landscaping Assessment District No. 38
improvements. At this time, construction of said medians
will be limited between the westerly City limit and Lemon
Ave. and that the plans and specifications have been
prepared for the City Council's approval.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 94 -XX approving plans and
specifications for the Golden Spgs..Dr. Landscape Median
JULY 5, 1994 PAGE 4
Project.
Requested by: City Engineer
7.8 AMENDMENT NUMBER THREE TO THE JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE
CITIES OF ARCADIA, AZUSA, BALDWIN PARK, BRADBURY,
CLAREMONT, COVINA, DIAMOND BAR, DUARTE, EL MONTE,
GLENDORA, INDUSTRY, IRWINDALE, LA VERNE, MONROVIA,
POMONA, SAN DIMAS, SOUTH EL MONTE, TEMPLE CITY, WALNUT
AND WEST COVINA TO CLARIFY THE BORROWING POWER AND
PROCEDURES OF THE FOOTHILL TRANSIT ZONE - The existing
Foothill Transit Zone Joint Powers Agreement provides
that the entire membership of the Zone has the authority
to exercise financing power on behalf of the Zone. How-
ever, the express authority for the Executive Board to
act was not set forth in the Agreement. Therefore, on
the advice of counsel, it was recommended that the
Agreement be amended to expressly provide that the
Executive Board is granted the authority to exercise the
Zone's financial powers to the extent allowable under
applicable law.
Recommended Action: It is recommended that the City
Council approve the proposed amendment to the Foothill
Transit Zone Joint Powers Agreement, which would grant
the Executive Board of the Zone authority to exercise the
financing powers of the Zone to the extent allowable
under applicable law.
Requested by: City Manager
7.9 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER
TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE 1993/94
USED OIL CURBSIDE COLLECTION PROMOTION GRANT PROGRAM -
The California Oil Recycling Enhancement Act, enacted in
1991, provides grant funding for establishing and imple-
menting public education and information programs to
discourage illegal disposal of used motor oil. The City
is requesting $27,150 from the 93/94 Used Oil Collection
Promotion Grant to develop promotional materials and
programs designed to heighten public awareness of the
City's curbside collection program.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 94 -XX authorizing the City
Manager to submit a grant application to the California
Integrated Waste Management Board for the 1993/94 Used
Oil Curbside Collection Promotion Grant Program.
Requested by: City Manager
JULY 5, 1994
PAGE 5
7.10 AWARD OF CONTRACT FOR CITY-WIDE STREET TREE MAINTENANCE
- On June 7, 1994, the Council authorized staff to adver-
tise for bids for City-wide street tree maintenance.
Bids were received from four qualified contractors. A
fifth contractor's bid was disqualified as non- respon-
sive. Bids were opened and publicly read on Jun 28,
1994, with amounts ranging from $37,400 to $61,040.
Recommended Action: It is recommended that the City
Council award a contract for City-wide street tree
maintenance to West Coast Arborists, Inc., the lowest
responsive bidder, in the amount of $37,400, plus an
additional amount not to exceed $7,600 to provide for
additional work as necessary to resolve potential health
and safety issues as they occur.
Requested by: Community Services Director
7.11 AWARD OF CONTRACT FOR AUDITING SERVICES - The firm of
Thomas, Bigbie & Smith prepared the annual audit for the
City for Fiscal Years 1990 through 1993. As indicated in
the Budget Message for Fiscal Year 1995, it is recommend-
ed that the City again retain this firm for audit of
Fiscal Year 1994. It is customary that municipalities
change audit firms approximately every five years. If
Council approves this recommendation, this would be the
fifth year with this firm. Thomas, Bigbie & Smith is a
well-qualified firm in public accountancy. Clients have
included the cities of Riverside, San Bernardino, Chino,
Corona, Indian Wells, Palm Desert, Indio, Rancho Mirage,
as well as many other cities and public agencies in
Riverside, San Bernardino and L.A. Counties. The pro-
posed fee for the Fiscal Year 1994 is $12,500.
Recommended Action: It is recommended that the City
Council retain the firm of Thomas, Bigbie & Smith to
prepare the annual audit for the City for Fiscal Year
1994.
Requested by: City Manager
8. PUBLIC HEARINGS: None
9. OLD BUSINESS:
9.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND
OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP
32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE
PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND PERMIT
NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL
USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH
POINTE MASTER PLAN - This is a request for approval of a
mixed use project, known as the South Pointe Master Plan,
consisting of land uses which include residential, con-
JULY 5, 1994
PAGE 6
mercial, park, open space and school facilities. The
project site is approximately 171 acres in size and is
located north of Pathfinder Rd., west of Brea Canyon Rd.,
east of Morning Sun Dr. and south of Rapid View Dr. The
project proposes to develop 30 acres of commercial
retail/office space of 290, 000 sq. ft. ; approximately 200
single-family detached residential dwelling units, a
28 -acre neighborhood park and construction of a middle
school. Continued from June 21, 1994. Sasak and Arciero
& Sons have. requested a decision. RNP desires a
continuance to a future meeting date.
Recommended Action: It is recommended that the City
Council take action on each development application.
Requested by: City Council
9.2 SECOND READING ORDINANCE NO. 02A(1990): AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
ORDINANCE NO. 02(1990) ADOPTING REQUIREMENTS AND
STANDARDS RELATING TO THE COLLECTION, RECYCLING
TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE
AND COMPOSTABLE MATERIALS - On June 7, 1994, the City
Council conducted a duly noticed public hearing, received
public testimony and approved for first reading, by title
only, Ordinance No. 02A(1990) amending Ordinance No.
02(1990). This item was continued from June 21, 1994,
City Council meeting in order to prepare a special
redline edition of the proposed Ordinance.
Recommended Action: It is recommended that the City
Council approve for second reading and adopt Ordinance
No. 02A(1990).
Requested by: City Manager
9.3 RENEWAL OF LEASE FOR OFFICE SPACE FOR ONE YEAR - SUITES
100 & 190 - The City currently leases 7,025 sq. ft.
office space at 21660 E. Copley Dr. This five-year lease
expired June 30, 1994.
Recommended Action: It is recommended that the City
Council authorize execution of a lease renewal for a term
of one (1) year in an annual base rent amount of $139,938
($11,661.50 per month) and an annual operating expense
overage amount of $18,168 ($1,514 per month), between
Diamond Bar Business Associates and the City. Total
lease amount would be $158,106.
Requested by: City Manager
10. ANNOUNCEMENTS:
11. CLOSED SESSION: May convene to consider: Matters of
pending litigation (G.C. 54956.9), Personnel (G.C. 54957.6),
JULY 5, 1994 PAGE 7
or purchase/sale of real property (G.C. 54956.8). Records not
available for public inspection.
12. ADJOURNMENT:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: .CITY CLERK
FROM: - L, �-- �{ �,L i�' DATE:
ADDRESS: 2-4)b Iv ) 5 �� 1, I D �q)
PHONE:
ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO CITY CLERK
FR1 M: SC�`i �.�C.r� DATE: �7
ADi RISS:/,�/��� PHONE:/ �23�
OR iANIZATION:
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TC CITY CLERK
FR )M: DATE:
AC )RESS: PHONE:
OF 3ANIZATION:
AG : -:NDA #/SUBJECT:
I -expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: .CITY CLERK
FROM: Ali9 DATE:J`' `Iv_
ADDRESS: 11 o2J`9wagi;4 N"//— PHONE: 0-o/
ORGANIZATION:
AGENDA #/SUBJECT: /
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
'TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
DATE: 7--5--9v
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
TO:
FROM:
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ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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Gary H. Werner Clair W. Harmony Eileen R. Ansad Gary G. Miller Phyllis E. Papen
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
Verbatim Transcript of
Dr. Rhodes on July 5, 1994
Dr. Rhodes: I lived in Claremont for a period of time. We had
a crow problem. Pomona Humane or Inhumane Society
decided the only solution was to cut down the
trees. Of course, Claremont is known as the City
of Trees. Three different people I know had dogs
out for a very short period of time, they were
picked up they came back with fleas and ticks. I
also had them show up at my house here in Diamond
Bar one time, and I have a sign on my door and the
doorbell is in the middle of the sign, and the
sign says "Danger armed psychotic day sleeper, Do
Not Disturb." At 8:30 in the morning, some stupid
woman rang the doorbell. At 618" and a little
over an eighth of a ton, totally nude, with weapon
in hand I opened the door. You can imagine the
language I used. If they show up again, I will
point the gun and it will not misfire. Thank You.
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Regular Meeting at
the South Coast Air Quality Management District Auditorium,
located at 21865 E. Copley Dr., Diamond Bar, California at 6:00
p.m. on Tuesday, July 5, 1994.
Items for consideration are listed on the attached agenda.
I, LYNDA BURGESS, declare as follows:
I am the City Clerk in the City of Diamond Bar; that a copy
of the Notice for the Regular Meeting of the Diamond Bar City
Council, to be held on July 5, 1994 was posted at their proper
locations.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Notice and Affidavit was executed this 1st day of July,
1994, at Diamond Bar, California.
/s/ Lynda Burgess
Lynda Burgess, City Clerk
City of Diamond Bar
MINOTES OF THE CITY COIINCIL Atl'
REGULAR MEETING OF THE CITY OF DIAMOND BARMAY 17, 1994
i. CALL TO ORDER: Mayor Werner called the meeting to
order at 7:10 p.m. in the AQMD Auditorium, 21865 E. Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Don Schad.
ROLL CALL: Mayor Pro Tem Harmony, Council
Members Ansari, and Papen. Mayor Werner and Council Member
Miller were excused.
Also present were Terrence L. Belanger, City Manager; Frank
Usher, Assistant City Manager; Michael Montgomery, Interim
City Attorney; George Wentz, Interim City Engineer; Bob Rose,
Community Services Director and Lynda Burgess, City Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
2.1 Introduction of new D.B. Team Sergeant of the Walnut
Sheriff Department - Lt. Henson invited everyone to
attend the Walnut Station Open House on Saturday, June
11, 1994 from 10:00 a.m. to 3:00 p.m. He then introduced
new Team Sergeant Brian Smith.
3. PUBLIC COMMENTS: Richard Callard, 24105 Palomino Dr.,
expressed support for the Sister City Program and exchange of
cultural education and activities between D.B. and one or more
Sister Cities in other countries. He reviewed the goals of
the Sister Cities Program and explained that it is a
citizen -run organization. He invited all interested persons
to a formation meeting on a date to be announced at the next
City Council meeting.
Barbara Thompson, 665 Strongbow Dr., expressed concern that
the new addition to her house was approved by City inspectors,
though it currently does not meet City Code due to faulty
construction. She requested that the Council accept her claim
and not reject it as is recommended in item 6.4 of the Consent
Calendar.
MPT/Harmony stated that the City Attorney suggested that the
matter be referred to the District Attorney.
ICA/Montgomery stated that the matter was referred to the
District Attorney, with a copy being sent to Consumer Affairs,
but no response was yet received. Further, under the law, the
City and its inspectors are not liable, as was indicated by
Carl Warren & Co., the City's Risk Manager.
Don Schad commented on how well the traffic signals at Brea
Canyon and Pathfinder Roads are synchronized. He then asked
the Council to reconsider the Tree Ordinance.
Barbara Beach-Courchesne expressed concern that C/Papen still
MAY 17, 1994 PAGE 2
had not signed the Mission Statement, which indicates she does
not agree with the standards outlined. She stated that the
recall committee filed a challenge relative to the number of
qualified signatures needed to place the recall petition on
the ballot.
Red Calkins, 240 Eagle Nest Dr., announced that there will be
a meeting regarding the proposed City of Industry MRF on June
23, 1994, at 9:30 a.m. at 15651 E. Stafford St., in the
Council Chamber of the City of Industry. He stated that
anyone unable to attend the meeting can write a letter
opposing the MRF to the City of Industry, P.O. Box 336, to the
attention of the City Engineer.
Max Maxwell stated that the recall committee feels confident
that they obtained adequate signatures for the recall effort.
He suggested that Council Members Papen and Miller not vote on
major land use decisions that may be brought before the
Council until the issue is resolved. He requested that item
8.9 of the agenda be brought forward for consideration since
it had been continued for the last several months.
Steve Nice, Rising Star Dr., recommended that the Council not
take any action regarding the status of any and all City staff
positions, nor any and all projects requiring the removal of
map restrictions until the outcome of legal action regarding
the recall efforts is resolved.
4. COUNCIL COMMENTS: C/Papen invited Carl Rosen,
President, Chamber of Commerce, to announce the new cable
television program regarding the City of D.B.
Mr. Rosen stated that the new program called "Diamond Bar",
which features an overview of the City and City events, is
sponsored by the Chamber in conjunction with Jones Intercable,
and airs twice a month preceding the Council sessions at 6:30
p.m.
C/Papen stated that the City will begin a program of selling
transit passes for Metrolink, Foothill Transit and MTA buses
at City Hall, designed to comply with Federal and State Clean
Air laws and to improve congestion management in the City.
She suggested that anyone desiring more information regarding
the efforts to oppose the City of Industry's MRF should attend
the Citizens Committee meeting on May 18 at 7:00 p.m., in AQMD
Room CC -6. She then expressed concern that the following
items have not yet been placed on the agenda even though she
received concurrence from three other Council Members:
discussion regarding the $10,000 donation to the library for
materials and regarding the new Brown Act requirement for
Council subcommittees. She further stated it would be
appropriate for Mr. Schad, as a Planning Commissioner, to
request the Planning Commission to agendize the Tree Ordinance
for review and recommendation to the Council. She then stated
that she did not and would not sign the Mission Statement
MAY 17, 1994 PAGE 3
because it is nothing more than rules learned in kindergarten
and because those rules are not being enforced by the Council
equally. She pointed out that some comments made criticizing
certain Council Members are recorded in the Minutes, yet
similar comments directed to the Mayor are stricken.
C/Ansari stated that a list of addresses of local legislators
is available at City Hall for anyone wishing to express
support of Assemblyman Horcher's proposition to amend AB2969
to include opposition of the proposed City of Industry's MRF,
which would address the legitimate concern of citizens living
in the surrounding cities of the proposed City of Industry
MRF. She also stated that AB2815 is being considered by the
Ways and Means Committee on May 18, 1994, which requests that
a defendant of a crime be tested if there is any possibility
that blood, semen, saliva and any other body fluid capable of
transmitting HIV has been transferred from a defendant to a
victim, and that the victims be told the results of the test.
She reported that she had been invited to be a member of a
YWCA committee formed to stop racial injustice and promote
multicultural awareness. She stated that the Council's
Multi -Cultural Committee, designed to bring about cultural
awareness, human resources and a better understanding of each
other as citizens of the community meets the first Monday of
every month at 7:00 p.m., in the AQMD Building.
In response to C/Papen's concern that her requests for
agendized items have been disregarded, C/Ansari pointed out
that perhaps the reason one of the items is not on the agenda
is because there is not a full Council present. She stressed
the importance of respect for each other and the need to
communicate concerns appropriately.
MPT/Harmony brought forth the City of Industry's environmental
impact statement to illustrate the numerous documents prepared
by the City of Industry to support their MRF and to respond to
each concern made regarding their proposal. He stated that
the City hired a consulting firm to challenge them, but it is
absolutely necessary and required, on a political level, that
individual efforts opposing the MRF are received. He reported
that there was been a strong response to a flier faxed to the
community and many have signed up to participate in the com-
mittee opposing the MRF. He announced that Congressman Kim
would be a guest at Sidewalk City Hall to answer questions at
K -Mart from 11:00 a.m. to 3:00. He further stated that C/
Papen will be at Sidewalk City Hall on June 28, 1994 from
11:00 a.m. to 3:00 p.m. at the Lucky Store. He then displayed
the Economic Development Brochure on the overhead and explain-
ed that it is designed to promote the City's economic develop-
ment. He indicated that a citizen expressed concern at
Sidewalk City Hall regarding the increase in crime in one par-
ticular neighborhood and their desire to close off the area as
a private community. He requested staff to research the issue
to determine the feasibility of creating a private community.
He requested staff to continue to assist the Montefino
MAY 17, 1994
5.
M
PAGE 4
Homeowners in perfecting their case in their lawsuit against
Presley Homes.
SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission - May 23, 1994 - 7:00 P.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 General Plan Advisory Committee - May 24, 1994, 7:00
p.m., Heritage Park Commun. Center, 2900 Brea Canyon Rd.
5.3 Parks & Recreation Commission - May 26, 1994 - 7:00 p.m.,
Heritage Park Commun. Center, 2900 Brea Canyon Rd.
5.4 MEMORIAL DAY HOLIDAY OBSERVANCE - MAY 30, 1994 - City
Hall closed.
5.5 City Council Public Hearing - May 31, 1994 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.6 City Council Meeting - June 7, 1994 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.7 MRF Committee - May 18, 1994 - 7:00 p.m., AQMD Room CC -6,
21865 E. Copley Dr.
5.8 Finance Committee - May 26, 1994 - 3:30 p.m., City Hall,
21660 E. Copley Dr.
5.9 Computer Advisory Committee - May 25, 1994, AQMD Bldg.,
21865 E. Copley Dr.
5.10 Multi -cultural Committee - June 6, 1994 - 7:00 p.m., AQMD
Bldg., 21865 E. Copley Dr.
CONSENT CALENDAR: C/Papen moved, C/Ansari seconded to
approve the Consent Calendar. With the following Roll Call
vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
6.1 APPROVED MINUTES:
6.1.1 Regular Meeting of April 19, 1994 - as
submitted.
6.1.2 Adjourned Regular Meeting of May 2, 1994 - as
Submitted.
6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES -
Regular meeting of February 24, 1994.
6.3 APPROVED VOUCHER REGISTER - Dated May 17, 1994.
6.4 REJECTED CLAIM FOR DAMAGES - Filed by Robert and Barbara
Thompson on April 28, 1994 - rejected the Claim and
referred the matter for further action to Carl Warren &
Co., the City's Risk Manager. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Papen,
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller,
Ansari, MPT/Harmony
M/Werner
MAY 17, 1994
7. PUBLIC HEARINGS:
PAGE 5
7.1 RESOLUTION NO. 94-21: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ADOPTING A NON -DISPOSAL
FACILITY ELEMENT (NDFE) AS REQUIRED BY ASSEMBLY BILL
3001 - Asst. to CM/Butzlaff reported that Public
Resources Code Section 41730 et seq. requires every
city and county to prepare and adopt a non -disposal
facility element (NDFE) for all new non -disposal
facilities and any expansions of existing facilities
needed to implement local source reduction and
recycling programs.
MPT/Harmony opened the Public Hearing.
Richard Callard inquired as to what is being proposed
for the NDFE.
Asst. to CM/Butzlaff explained that the statute merely
requires the City to identify those facilities to be
used now, or proposed in the future for implementing
the source reduction recycling element.
John Summers, 21864 Stone Pine, expressed concern that
unless the City is specific in the actions to be taken,
the State could force the City to do something that may
be undesirable to the Community.
Asst. to CM/Butzlaff explained that the resolution
merely identifies existing facilities available, and
planned facilities to be used in the future for its
source reduction recycling element.
CM/Belanger stated that the City proposes to use the
following locations: Red Star Fertilizer in Corona;
Puente Hills Materials Recovery Facility; Green Waste
Processing at Spadra Landfill; Recyc In. located at the
91 and 15 freeway; CBT Materials Recovery and Transfers
Facility in Anaheim; C & R Waste Recovery in Stanton;
the Waste Transfer & Recycling Facility located at the
405 and Harbor fwys. in L.A.; the Bradley Recycling
Center in Sun Valley and the Chino Institute for Men
Western Waste Industry's Facility.
Max Maxwell, 3211 Bent Twig Ln, inquired if any of the
locations had been used before.
ACM/Butzlaff stated that several of the facilities are
currently being used by the City. He further stated
that the element is updated every five years and will
not have to be updated until the year 2000.
With no further testimony offered, MPT/Harmony closed
the Public Hearing.
MAY 17, 1994 PAGE 6
C/Papen inquired why some of the locations currently
being used are not included in the list, such as the
Redwood in Chino, the facility in Baldwin Park and the
Western Land Fill in Corona.
Asst. to CM/Butzlaff explained that the primary reason
those types of facilities were not included in the
Element is because of the definition of "non -
disposable," which would exclude intermediate
processing centers receiving only recyclable material.
C/Ansari moved, C/Papen seconded to adopt Resolution
No. 94-21 entitled: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ADOPTING A NON -DISPOSAL
FACILITY ELEMENT (NDFE) AS REQUIRED BY ASSEMBLY BILL
3001. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
7.2 ORDINANCE NO. 5A (1991): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.66
OF TITLE 22, AS AMENDED, AND CERTAIN PROVISIONS OF THE
LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED,
PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF
DIAMOND BAR - AP/Searcy reported that the Planning
Commission reviewed the Sign Code and the interim
Ordinance and recommended the Ordinance be made a part of
the permanent Sign Code, amending it in order to permit
temporary signs and expedite the monument sign review
process. He then reviewed the recommended amendments as
outlined in the staff report.
C/Papen asked if the current provision in the Sign Code,
which allows businesses to display temporary signs for a
period of 60 days a year, allows that 60 -day period to
run consecutively, and if it would be the same for the
the 90 -day provision.
AP/Searcy stated that the applicant has the option of
displaying temporary signs either in increments or all at
one time with both the 60 -day and the 90 -day provisions,
and would include a maximum request for four permits a
year.
MPT/Harmony opened the Public Hearing..
Carl Rosen, President, Chamber of Commerce, expressed
support for the Sign Code, with the exception of item (h)
pertaining to the $100 deposit requirement, which he felt
was an additional burden on businesses and staff time.
He stated that, as indicated in the staff report,
enforcement of the temporary sign permits has not proven
MAY 17, 1994
PAGE 7
problematic, though it must be monitored constantly by
Code Enforcement.
CM/Belanger, in response to MPT/Harmony, explained that
the purpose of the $100 deposit is to provide an
incentive to the permittee to remove the sign in a timely
fashion within the permit period.
John Summers, 21864 Stone Pine, stated that since the
$100 deposit is refundable upon removal of the sign, the
business community should not object to the provision.
He pointed out that the problem with many communities is
temporary signs that are not removed.
With no further testimony offered, MPT/Harmony closed the
Public Hearing.
CM/Belanger, in response to C/Papen, stated that if a
check is given for the $100 deposit, it would be cashed
to assure the funds are available; staff would then issue
a City check in that amount to the applicant when the
permit is terminated. He stated that a larger fee of
$125 could be required, as suggested by C/Papen,
refunding a portion of it upon termination of the permit.
C/Papen suggested either making the entire $125 a fee, so
there is no claim for a refund unless the applicant
complies with the terms, or lowering the deposit amount
to $50.
Council concurred to lower the amount to require a $50
deposit.
MPT/Harmony requested clarification regarding roof signs
and projecting signs.
AP/Searcy stated that the new provision would allow
inflatables that are connected to the roof, with a
maximum height of 75 feet above grade, as well as other
types of temporary signs placed on the roof for a short
period of time.
CM/Belanger stated that inflatables must conform to
building safety regulations in terms of how they are
anchored to the building. In response to MPT/Harmony's
concern, he stated that there are no limitations
regarding the maximum number of permits for inflatables
that can be issued at any given time. He stated that the
number of inflatables has not been a problem in the past,
though there could be a potential problem in the future.
In response to MPT/Harmony, AP/Searcy explained that
proposed freestanding monument signs would need to meet
the approved planned sign program requirements of the
shopping center, or be approved by staff based on its
MAY 17, 1994
PAGE 8
architectural conformity to the area and other such
requirements of the sign Ordinance.
C/Ansari requested clarification regarding the limita-
tions of political signs.
ICA/Montgomery stated that maximum height limits on free-
standing signs must apply to all signs in the City, which
include political signs. He stated that political signs
are to be removed at the conclusion of the political
event.
CM/Belanger stated that signs on private property, other
than height limitations, are not governed by the Code in
terms of duration.
C/Papen moved to approve for first reading by title only
and waive full reading of Ordinance No. 5A(1991) as
amended.
ICA/Montgomery suggested that the Council may desire to
hold the matter over to the next meeting since there is
not a full Council and waiving full reading requires four
votes.
With consensus of Council, the matter was continued to
the next meeting.
7.3 (A) ORDINANCE NO. 02A(1990: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
ORDINANCE NO. 02 (1990) ADOPTING REQUIREMENTS AND
STANDARDS RELATING TO THE COLLECTION, RECYCLING
TRANSPORTATION, AND DISPOSAL OF SOLID WASTE,
RECYCLABLE AND COMPOSTABLE MATERIALS
(B) RESOLUTION NO. 90-95B: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A
PERMIT SYSTEM FOR THE COLLECTION AND DISPOSAL OF
SOLID WASTE.
C/Papen, concerned that Ordinance No. 02A(1990) does not
contain redline or strikeouts indicating changes made,
suggested that the matter be held over to the next
meeting, following public testimony.
Asst. to CM/Butzlaff presented the staff report, high-
lighting the significant changes to Ordinance No. 02A
(1990) and Resolution No. 90-95B, which includes language
more reflective of the changes that have occurred in
solid waste management as a result of the California
Integrated Waste Management Act of 1989. He pointed out
that one of the proposed amendments empowers the City
Manager to determine which day of the week is best suited
for refuse collection services.
MAY 17, 1994 PAGE 9
C/Papen noted that Page 6, item 2, of the Resolution
indicates that hours of collection are 6:30 a.m. to 6:30
p.m. but hours of collection indicated on page 7 is 6:00
a.m. to 6:30 p.m. She suggested that the hours be made
consistent, and changed to 7:00 or 8:00 a.m. so residents
are not disturbed.. Noting that permits expire the second
year after they are granted, as indicated on Page 11,
section 9, Term and Renewal, she stated that since
renewal would be December 1, 1995, the same year as a
Council election, the new Council should be given 90 days
after the election before the matter was placed on the
agenda. Referring to Page 19, she suggested that staff
require reports to be submitted on diskettes, along with
a hard copy, so that they can be analyzed and modified
easily.
Asst. to CM/Butzlaff stated, in response to C/Ansari,
that Western Waste notified residents that a 95 gal.
container would be provided for trash, as well as two 18
gal. recycling bins. He stated that residents may use
their own trash containers as long as they adhere to City
specifications.
ICA/Montgomery, clarifying his earlier advice, stated
that the law had changed and first reading can be waived
by unanimous vote of those present on the Council;
therefore the Council could approve item 7.2, Ordinance
No. 5A(1991) for first reading, by number and title only.
MPT/Harmony opened the Public Hearing.
Dr. Lawrence Rhodes, P.O. Box 2258, Walnut, suggested
that grass clippings be required to be composted. He
stated that the Ordinance does not specify how residents
are supposed to dispose of animal waste.
Asst. to CM/Butzlaff stated that special arrangements
have to be made through the waste companies to collect
animal waste, such as livestock manure.
Richard Callard, 24105 Palomino, stated that there needs
to be green waste separation.
Michael Hulse, Integrated Waste Management Coordinator,
stated that green waste separation is an important part
of the overall source reduction recycling program for the
City which is a voluntary program; however, there is an
inadequate market to handle all the material for the
disposition of green waste. He stated that they are in
the process of implementing a curbside collection program
for multifamily complexes. He then stated that, upon the
passage of the new permit system, a voluntary program
would be implemented for green waste, establishing a fair
and equitable price.
MAY 17, 1994 PAGE 10
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd.,
inquired as to who determines if waste haulers are
exercising due diligence in disposal of hazardous waste.
She stated that the City should continue to work toward
encouraging more haulers to compete. She further stated
that even though 6:30 a.m. is early for trash collection,
it is equally important to allow haulers enough time in
a day to collect trash.
Frank Dursa, 2533 Harmony Hill Dr., stated that he was
pleased it was clarified that residents can use their own
trash bins. He expressed support with early trash
collection on Mondays, since that is the day it has been
collected for years, as well as with having more than one
hauler in the community.
Al Simonian, Western Waste Industries, pointed out that,
prior to Incorporation, there was one single hauler in
the City until Western Waste offered a competitive price
introducing a totally new system. He stated that of
their 7,000 customers, only 30 have changed trash
collectors, indicating that the majority are pleased with
the service. He stated that Western Waste is a part of
the community, and has raised money for school equipment
and YMCA programs. He then stated that if the City
forces Western Waste to go back to a Monday schedule, it
will put them out of business in D.B., resulting in only
one hauler in the City and thus eliminating the
competition so desired by the community.
In response to MPT/Harmony, Mr. Simonian stated that they
cannot continue to put 13 trucks into the City on one day
because for the last five years they have been losing
money servicing D.B. He pointed out that if both Waste
Management and Western Waste were to pick up trash on the
same day, there would be 24 to 26 trucks on the street in
one day. He stated that they have made capital
investments for the future of waste management by
investing million of dollars on facilities to grind green
waste on a 20 -acre site, and by being in the process of
permitting an 80 -acre site for composting.
Mr. Summers stated that Western Waste's future
investments are not related to the current contract with
the City. He expressed support with having more than one
contractor in the City and questioned Western Waste's
ability to service the City.
Martha Bruske, 600 S. Great Bend Dr., suggested that the
Council work toward stopping scavengers from taking
recyclables. She expressed concern that the Council may
become more concerned for the profits made by the carrier
than for the citizens concerned over noise, aesthetics
and litter. She suggested that the City be sectioned so
that each area is covered during the same day.
MAY 17, 1994 PAGE 11
Max Maxwell pointed out that Western Waste must be_ making
some sort of profit in order to be able to make capital
investments. He expressed support of a Monday schedule
for all trash collection so trash bins are only left out
one day a week.
Dr. Rhodes suggested that any trash haulers contracting
with the City be required not to use the proposed City of
Industry MRF under any circumstances.
With no further testimony offered, MPT/Harmony closed the
Public Hearing.
C/Papen inquired if street sweepers, or any other such
company in the City, are regulated to operate only one
day of the week.
CM/Belanger stated that street sweepers operate five days
a week and that private businesses are not regulated in
the same manner as the waste haulers who utilize city
streets to do business on a contractual basis.
C/Papen suggested that it would be more beneficial if the
City were divided into zones, having the street sweepers
follow the next day, so that there are not two or three
trash trucks going up and down one street.
Council concurred to continue the matter to the next
meeting, 'directing staff to highlight changes made to
Ordinance No. 02A(1990).
RECESS: MPT/Harmony recessed the meeting at 9:20 p.m.
RECONVENE: MPT/Harmony reconvened the meeting at 10:05 p.m.
S. OLD BUSINESS:
8.1 SELECTION OF CITY ATTORNEY - CM/Belanger reported that
eleven firms submitted proposals in response to the
City's solicitation for Attorney services. He stated
that each Council Member was provided with evaluation
forms, to be compiled after the forms are completed, and
will provide the information to the Council to assist
them in their selection process. The next phase will be
to set up an interview schedule of those firms desired by
the Council followed by a vote of those firms recommended
by Council.
C/Papen suggested that each Council Member inform staff
of the days they are available for the interviews. She
further stated that she was concerned about the late
hour, and suggested that since this is not an action
item, there is no need for public comments, particularly
in regard to the late hour when the Council still has
more business to conduct. She suggested that if there is
MAY 17, 1994 PAGE 12
to be public comment allowed, the individual should be
requested to direct his/her comments only to the issue at
hand.
Barbara Beach-Courchesne noted that one of the areas of
great concern in the past centered on the perception that
at times the City Attorney did not provide sound legal
advice, resulting in contentious and costly law -suits.
She suggested that, given that perception, citizen
representatives should be included in the interviews and
recommendations relative to selection of a new attorney.
She expressed opposition to replacement of ICA/Montgomery
since detailed examination of his performance indicates
that he has provided sound advice and has saved the City
millions of dollars in settled lawsuits.
Wilbur Smith, 21630 Fairwind Ln., suggested that the
eleven proposals should be public information since the
position and legal advice is of utmost importance to the
City and its citizens.
CM/Belanger stated that the selection of the City
Attorney can be a matter for Closed Session; however, the
names of the firms and the forms being used to rate the
proposals are not of a confidential nature at all and are
available to the public.
ICA/Montgomery stated that all of the data submitted by
the firms are matters of public record excluding each
Council Member's personal analysis and rating.
C/Papen questioned why there was not an interview process
at the time ICA/Montgomery was hired by the Council, nor
was there a proposal submitted to the entire Council.
ICA/Montgomery stated that the interview process is a
matter of policy. He also stated that he submitted a
letter to the Council, at the request of M/Werner,
stating the terms under which he would be willing to
serve as Interim City Attorney.
Max Maxwell expressed his opinion that ICA/Montgomery set
an improved standard for the City, and represented the
City well the last few months. He expressed support for
selecting ICA/Montgomery if he submitted a proposal.
Frank Dursa, 2533 Harmony Hill Dr., expressed support for
selecting ICA/Montgomery for City Attorney.
MPT/Harmony suggested that the matter be continued to the
next regularly -scheduled meeting to involve the entire
Council in the selection process. He expressed
concurrence with a suggestion made by an audience member
during Public Comments that there should not be any
personnel changes until the legal issue of the recall
MAY 17, 1994 PAGE 13
action is resolved.
C/Papen pointed out that eleven law firms have waited to
be interviewed and that the matter should not be
postponed any longer. She stated that all five elected
Council Members have equal rights, despite any legal
actions submitted by clients of the current City
Attorney, who may have to disqualify himself from dealing
with the issue. She pointed out that the Council is
merely making a decision on the dates to conduct
interviews. She inquired if the following dates are
convenient: May 27, 1994, May 31, 1994 and June 3, 1994.
ICA/Montgomery clarified that he was the personal
attorney for Mr. Gross in his business dealings and for
the Concerned Citizens; however, he never represented the
Recall Committee.
C/Ansari stated that the City already received a reply
from the State Bar Assn. and the FPPC indicating that Mr.
Montgomery has no conflict of interest.
MPT/Harmony stated that he is not available the three
dates indicated by C/Papen.
8.2 SANITARY SEWERS IN "THE COUNTRY" - CM/Belanger reported
that staff prepared responses, questions, comments and
concerns raised at the April 19 meeting and recommended
that the Council authorize negotiation of a contract with
CPW Geosciences (CPWG) not to exceed $75,000, for profes-
sional services for further investigation, studies,
reports and recommendations. He reported that staff
received a letter from representatives of some of the
homeowners in the affected areas requesting Council to
defer any action for 90 days in order to allow several
critical tasks, specified in the letter, to be completed.
Les Brown, 2696 Shady Ridge, reported that 12 of the 17
lots identified in the Kleinfelder report had been
improved so septic systems are currently functional. He
stated that if the critical tasks discussed in the letter
are completed, the remaining lots should be improved to
a similarly operative condition, or at least identify
those tasks that should be done.
C/Ansari commended the residents for pursuing the issue
and exploring all channels before the City undertook the
project.
Fred Janz, 2683 Shady Ridge, stated that most people do
not have trouble with septic tanks and it would seem
inappropriate to convert to sewer pumps. He stated that
the City should wait to expend the $75,000 in an area
inaccessible to the majority of the community.
MAY 17, 1994
PAGE 14
Kay Brown, 2696 Shady Ridge Ln., expressed opposition to
awarding a contract to CPWG since only one member of the
ad hoc committee of "The Country" was present during the
selection process and he was opposed to the choice made.
C/Papen pointed out that three people from "The Country"
were on the evaluation committee including Jim Gardner,
General Manager of the Homeowners' Assn.
Martha Bruske stated that Council is being negligent in
postponing the issue since soil saturated with fecal
material is a serious health concern that should be
closely monitored.
C/Papen inquired how an additional 90 days on this issue
would affect the RFP.
ICE/Wentz stated that the current bid on the RFP is for
a 60 -day period; however, there should be no problem
negotiating with the preferred consultant prior to the
60 -day period.
C/Papen moved, C/Ansari seconded to suspend further
action on the contract for 45 days, and giving "The
Country" Homeowners' Assn. a 90 -day period to accomplish
the specified tasks, requiring a written status report on
their progress in 45 days. With the following Roll Call
vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
8.5 RESOLUTION NO. 94-22: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S
REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38; AND
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT
FOR FISCAL YEAR 1994-95; AND FIXING A TIME AND PLACE FOR
HEARING OF OBJECTIONS HEREON - CM/Belanger reported
that, pursuant to Council direction on March 15, 1994,
staff prepared the Engineer's Reports for District Nos.
38, 39 and 41 for FY 1994-95. He recommended that the
Council adopt the resolutions declaring the City's
intention to levy and collect assessments for the
districts and direct the City Clerk to advertise Public
Hearings at the Council meeting of June 7, 1994.
MPT/Harmony suggested that personnel services costs of
$37,500 be reduced to reflect an 8% administration level,
which is commensurate with higher figures the County used
when administering their assessment districts. He stated
that an assessment district is a specific charge for a
MAY 17, 1994 PAGE 15
specific service, and including this high percentage for
administration in the assessment district is a way of
feeding money into the General Fund.
C/Papen pointed out that District No. 38 is the only
district currently under construction, and will be under
construction for many years, and lowering the fees delay
completing the beautification of the City. She stated
that the reason the other districts have a low
administrative fee is because there are only maintenance
costs. She then suggested that the public notice should
also include the dollar amount for next year's fee as
compared to last year's fee.
MPT/Harmony inquired which personnel services are
involved in administrative costs.
CM/Belanger stated that 20% of the Community Services
Director's salary, 20% of the Park Superintendent's
salary and 20% of the Park Maintenance person's salary
are calculated in the budget for personnel services.
Wilbur Smith, 21630 Fairwind Ln., concurred that it would
be beneficial to know the assessment amount for the
different districts, as well as anticipated projects for
each of the areas and the costs involved.
Richard Callard, 24105 Palomino, requested a more
thorough staff report to inform residents of the intent
of each district.
CM/Belanger stated that staff will prepare exhibits for
the Public Hearing which will outline the parcels located
within each district respectively, as well as indicate
which areas are being maintained by the district. He
emphasized that staff is not recommending increases in
any of the three districts' current rates, which are:
District No. 38 is recommended to remain at $15; District
No. 39 is recommended to remain at $73.50; and District
No. 41 is recommended to remain at $220.50. He stated
that there are no capitals projects proposed for District
No. 41 or District No. 39; however, a capital project is
proposed for District No. 38, which is construction of
medians from Gona Ct. to the westerly city limits. He
then explained that the Engineer's Report is an indica-
tion of the number of parcels within the districts, the
amount of revenue to be generated given the assessment,
and a budget related to maintenance activities that would
occur in each of the districts respectively. He stated
that the Assessment Engineer will redo the budget to
reflect the 8% administrative cost, as suggested by MPT/
Harmony, if so desired by the Council.
C/Ansari requested that staff prepare the report on the
assessment districts to be ready for public review prior
MAY 17, 1994 PAGE 16
to the Public Hearing.
C/Papen expressed her opinion that the Council not change
the Engineer's Report based upon an arbitrary figure of
8%, as was recommended by MPT/Harmony. She stated that
the City Engineer properly evaluated the amount of time
needed by staff to assure that the districts are properly
managed.
C/Papen moved, C/Ansari seconded to adopt Resolution No.
94-22, setting a Public Hearing for Landscape District
No. 38 on June 7, 1994; Resolution No. 94-23, setting a
Public Hearing for Landscape District No. 39 on June 7,
1994; and Resolution No. 94-24, setting a Public Hearing
for Landscape District No. 41 on June 7, 1994.
C/Ansari stated that she did not have enough information
at the time to consider changing the administrative costs
to 8% of the fee.
MPT/Harmony, concerned with C/Papen's impression that his
suggested change was arbitrary, explained that his
research two years ago showed that the County does not
charge 20% for administrative fees on the districts, but
rather that 8% is one of the higher figures charged by
the County. He stated that D.B. substantially increased
the fees upon incorporation, and is overtaxing its
residents. He pointed out that this is a good time for
the City to decrease taxes.
C/Ansari stated that she would second C/Papen's motion,
amending it to request staff to investigate the feasi-
bility of reducing the fee for personnel.
C/Papen moved, C/Ansari seconded to adopt Resolution No.
94-22 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED
PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN
LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL
YEAR 1994-95 AND FIXING A TIME AND PLACE FOR HEARING OF
OBJECTIONS HEREON. With the following Roll Call vote,
motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
8.6 RESOLUTION NO. 94-23: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S
REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE WITH RESPECT THE CITY OF
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39; AND
MAY 17, 1994
PAGE 17
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT
FOR FISCAL YEAR 1994-95; AND FIXING A TIME AND PLACE FOR
HEARING OF OBJECTIONS HEREON - C/Papen moved, C/Ansari
seconded to adopt Resolution No. 94-23. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
8.7 RESOLUTION NO. 94-24: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT
FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN
LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL
YEAR 1994-95; AND FIXING A TIME AND PLACE FOR HEARING OF
OBJECTIONS HEREON - C/Papen moved, C/Ansari seconded to
adopt Resolution No. 94-24. With the following Roll Call
vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller, M/Werner
C/Papen left the meeting at 11:05 p.m.
8.3 RESOLUTION NO. 93-05A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION
NO. 93-05 ESTABLISHING "NO RIGHT TURN, 4:00 P.M. - 7:00
P.M., MONDAY-FRIDAY,.EXCEPT SCHOOL BUSES" SIGNS ON
ROLLING KNOLL ROAD AND COUNTRY VIEW DRIVE AT GRAND
AVENUE - Continued to June 7, 1994.
8.4 AWARD OF CONTRACT FOR CONSTRUCTION/MODIFICATION OF
HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS IN DIAMOND
BAR - Continued to June 7, 1994.
8.8 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY
SERVICES - Continued to June 7, 1994.
8.9 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY
ATTORNEY - Continued to June 7, 1994.
8.10 DISCUSSION RE: GENERAL PLAN ADVISORY COMMITTEE PROGRESS
ON PREPARATION OF THE GENERAL PLAN; TIMETABLE FOR
COMPLETION OF THE GENERAL PLAN IN ORDER TO PLACE IT ON
THE NOVEMBER.GENERAL ELECTION BALLOT - Continued to
June 7, 1994.
9. NEW BUSINESS:
9.1 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES
OF COUNCIL MEMBERS - Continued to June 7, 1994.
MAY 17, 1994 PAGE 18
10. ANNOUNCEMENTS: None.
11. CLOSED SESSION: None held.
12. ADJOURNMENT: Due to the lack of a quorum, the
meeting was adjourned at 11:05 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
1.
F0M
MINUTES OF THE CITY COUNCIL 'DR
ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR AFT
MAY 26, 1994
CALL TO ORDER: M/Werner called the meeting to order
at 3:30 p.m. in the AQMD Auditorium, 21865 E. Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Werner.
ROLL CALL: Mayor Werner, Council Members Ansari,
Miller and Papen. Mayor Pro Tem Harmony arrived at 3:40 p.m.
Also present were Terrence L. Belanger, City Manager; Frank
Usher, Assistant City Manager; Michael Montgomery, Interim
City Attorney; James DeStefano, Community Development
Director; George Wentz, Interim City Engineer; Bob Rose,
Community Services Director and Lynda Burgess, City Clerk.
OLD BUSINESS:
2.1 AWARD OF CONTRACT FOR CONSTRUCTION/MODIFICATION OF
HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS IN DIAMOND BAR
- CM/Belanger reported that the Construction/Modification
of Handicap Access Ramps, funded through Community
Development Block Grant (CDBG), must be completed by June
30, 1994 in order for the City to be reimbursed for the
project. He recommended that the Council award a
contract to Perry Maness Industries, Inc., the lowest
apparent bidder, in an amount not to exceed $28,805, and
authorize a contingency amount of $3,500 for project
change orders to be approved by the City Manager.
C/Papen moved, C/Ansari seconded to award a contract to
Perry Maness Industries, Inc. for construction/modifica-
tion of handicap access ramps at various locations in the
City, in an amount not to exceed $28,805; and authorize
a contingency amount of $3,500 for project change orders
to be approved by the City Manager. With the following
Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
2.2 DISCUSSION RE: GENERAL PLAN ADVISORY COMMITTEE PROGRESS
OF THE GENERAL PLAN; TIMETABLE FOR COMPLETION OF THE
GENERAL PLAN IN ORDER TO PLACE IT ON THE NOVEMBER GENERAL
ELECTION BALLOT - CM/Belanger reported that the GPAC has
had difficulty conducting business because of an
inability to achieve or retain a quorum, which has been
established by GPAC as a super -majority (2/3 of the
members). He stated that the matter has been brought
before Council for consideration because there is a
concern that the need for a super -majority quorum is
affecting GPAC's ability to conduct future meetings to
prepare the General Plan. He stated that, in order to
MAY 26, 1994 PAGE 2
place the General Plan on the November 1994 ballot, as
has been discussed by Council, a final draft of the
General Plan must be completed on or before August 2,
1994; therefore, GPAC would need to complete its work on
the Plan by mid-June 1994 to allow time for the Planning
Commission and the Council to each conduct a Public
Hearing before taking action on the General Plan.
Gary Neely, 344 Canoe Cove, expressed support for placing
the General Plan that was referended on the November 1994
ballot. He suggested that GPAC, which no longer appears
to be an objective body, be disbanded immediately and the
document forwarded to the Planning Commission.
Wilbur Smith, 21630 Fairwind Ln., expressed support for
allowing GPAC to continue with their process. He read a
proposal outlining a procedure to complete the
preparation of the General Plan as follows: identify all
voting and non-voting members of GPAC; establish a quorum
as 51% of voting members; present the General Plan as it
currently exists with a listing of all changes and
additions approved by GPAC members to date; meet once a
week until June 1, 1994; consider only changes or
additions to the plan that are written by the voting
members to include a stated reason for the change; limit
discussions to 15 minutes for each change or addition
before a vote is taken; conduct joint City Council/
Planning Commission Public Hearings on the Plan; and
place it on the November 1994 ballot if so desired by the
Council.
David Schey, 1211 Greycrest P1., stated that GPAC has
been unable to review and modify the 1993 General Plan
document in a rapid fashion, as directed by Council, for
various reasons. He expressed support for disbanding the
GPAC and directing staff to draft the General Plan in
accordance with changes recommended by GPAC-to date,
including changes needed to meet the Vision Statement and
to bring the Housing Element into State compliance. He
expressed support for placing the document on the
November 1994 ballot.
In response to MPT/Harmony, Mr. Schey explained that
there were 19 members present at the meeting, which is
the minimum number required for a quorum; however, during
the course of the meeting, one of the members left and
though it did not affect GPAC's deliberation, it did
affect the quorum needed to be able to continue to
conduct the meeting.
MPT/Harmony suggested that perhaps the member of GPAC
that left the meeting had ulterior motives.
C/Miller expressed concern that it is being suggested
that an appointee would deliberately interfere with
MAY 26, 1994
PAGE 3
GPAC's deliberation. He then noted that all five of his
appointees were present at the May 10 GPAC meeting where
a quorum was not achieved.
M/Werner suggested that Council Comments be limited to
the issue at hand.
Todd Chavers, 600 Boxcove, stated that GPAC should have
addressed issues regarding open space, low income
housing, and traffic; however, the discussion wandered on
the issue of open space for a longer time than antici-
pated. He suggested that GPAC conduct one more meeting
to discuss circulation issues and that the document, with
recommended modifications by GPAC, be brought before the
Planning Commission and the Council for the Public
Hearing process.
Sherry Rogers, 2660 Broken Feather, noting that she has
attended all GPAC meetings to date, apologized for
leaving the meeting which caused GPAC to be without a
quorum. She had thought, and Dale Beland concurred, that
her absence would not create a problem since it appeared
that there were enough members present at the meeting.
She expressed support for forwarding the document as
modified to date to the Planning Commission, to include
the proposal submitted by Wilbur Smith, which, in her
opinion, contains language that would not be legal in the
State. She stated that it would seem futile for GPAC to
continue deliberations on suggested wording that obvious-
ly has legal ramifications and would not be accepted once
it leaves GPAC.
Don Schad concurred with Mr. Smith's proposal to continue
with GPAC's review process.
Red Calkins suggested retaining a mediator to complete
the General Plan process.
Lydia Plunk, 1522 Deer Foot Dr., expressed concern that
the Planning Commission was not notified of this meeting.
She further expressed concern that the Planning
Commission would not have sufficient time to properly
review the draft General Plan document and go through the
Public Hearing process with the schedule suggested in the
staff report. She suggested that the Council consider
placing the GPAC General Plan on the November 1994 ballot
along with the 1993 General Plan.
Jack Healy expressed his opinion that there are certain
people deliberately undermining the GPAC process. He
suggested that the process be allowed to continue in
consideration of the amount of time given by many of the
members.
Jan Dabney concurred with Mr. Chavers that GPAC needs to
MAY 26, 1994 PAGE 4
discuss the Circulation Element to resolve many of the
traffic issues, before it is disbanded. He expressed his
opinion that all GPAC members have participated in the
process for only one reason, which is to benefit the
community.
Arthur O'Daly, 24075 Falcon View Dr., suggested that GPAC
be disbanded and the document, as modified up to the
point where the developer's voting rights were rescinded,
be forwarded to the Planning Commission. He suggested
that GPAC be disbanded immediately, especially since a
racial comment was made in regard to the Housing Element
concerning low income families.
Bob Huff, 1641 Fire Hollow Dr., concurred that GPAC
should be disbanded. He pointed out that GPAC continues
with a line -by-line review of the document and much of
the suggested wording that was adopted will be amended
because of legal ramifications.
Bob Arceo, 1106 S. Cleghorn Dr., expressed support of
allowing GPAC to finish with their review.
Don Gravdahl suggested that GPAC be allowed to review the
Circulation Element before it is disbanded. He expressed
his opinion that changing the makeup of the GPAC changed
the flavor of GPAC's discussion and decision making.
Richard Callard, 24105 Palomino, concurred with the idea
of retaining a mediator to resolve the issues facing the
City. He stated that the fighting among the Council must
end.
Terry Birrell expressed her opinion that there is no
racial bigotry on GPAC, and reference to low income
families should not be equated to a racial reference.
Martha Bruske expressed support for allowing GPAC to
continue with their review process. She stated that the
comment made regarding low income families was directed
to high density housing and not racial bias. She pointed
out that the 1993 General Plan cannot be placed on the
ballot since it was referended.
Barbara Beach-Courchesne stated that GPAC may have
disagreed on issues and have had personality conflicts,
but there has never been any racial bigotry. She
expressed support for allowing GPAC to continue in their
review process.
Wilbur Smith pointed out that the problems occurring with
a quorum is a result of changes made to the makeup of
GPAC through resignations and so forth. He stated that
there needs to be an exact count of who is still on GPAC
in order to determine the number needed for a quorum.
MAY 26, 1994
PAGE 5
C/Papen pointed out that a quorum is based upon the
number of established positions, regardless of any
vacancies.
CDD/DeStefano, in response to M/Werner, stated that there
are 29 voting members of GPAC, of which 3 seats are
vacant. He stated that the quorum is based upon 2/3 of
the voting delegates, or 19 delegates.
MPT/Harmony stressed the importance of allowing GPAC to
continue in their review process of the document for
another month or two in order to gain public acceptance
of the new plan. He stated that only a simple majority
is needed to establish a quorum.
M/Werner pointed out the time constraints in regard to
meeting the OPR extension deadline. He inquired if
Public Hearings are a necessary process if the document
goes to ballot.
ICA/Montgomery stated that Public Hearings and an EIR is
not needed for the adoption of a General Plan by the
electorate if a complete document with a City Attorney
analysis, is presented; however, if the intent is to
modify the document, there would need to be Public
Hearings prior to placing it on the ballot. He stated
that if the General Plan is adopted by the electorate,
every amendment thereto would have to go to a vote of the
people unless it is provided in the document that the
Council may following the quarterly statutory amendment
procedure.
C/Ansari suggested that a quorum be established based on
a simple majority, and that GPAC be asked to conduct two
more meetings to review the Housing element and the
Circulation Element. She asked how many meetings are
scheduled for the Planning Commission and Council Public
Hearings and if joint meetings are preferable.
CDD/DeStefano suggested that GPAC meetings end June 15,
1994, allowing the Planning Commission three weeks and
the Council three weeks to review the document and hold
Public Hearings. He stated that joint meetings would
provide additional time because it allows both bodies to
review the same material at the same time.
C/Miller expressed concern that expediting the process
short-changes the community to be able to provide input
into the document. He suggested that GPAC be allowed to
review the Circulation Element, that the document be
forwarded to the Planning Commission allowing a few
months for community review and input and that the
document be forwarded to the Council allowing full Public
Hearing review. He stated that the Council should not be
determining now whether the document should be placed on
MAY 26, 1994 PAGE 6
the ballot, but rather that determination should be made
following the Public Hearing process.
C/Papen pointed out that since GPAC established the
quorum, GPAC, not the Council, should be the body making
the decision to change it. She concurred with C/Miller
that it is not appropriate to schedule the review process
based upon the election date. She pointed out that the
1993 General Plan document can be placed on the ballot,
if the revision process is not completed by the election
date, since the City reviewed 4,000 votes requesting it
to be voted upon.
MPT/Harmony concurred with C/Miller that full public
review of the document is vital and GPAC should be
allowed to continue with their review, encouraging them
to be as expeditious as possible.
MPT/Harmony moved to change the quorum requirement of
GPAC to a 50% membership in attendance plus one.
Motion failed for lack of second.
C/Ansari stated that it is preferable for GPAC to vote on
the quorum issue.
C/Miller moved, C/Ansari seconded to direct GPAC to focus
on completing the review of the Circulation and Housing
Elements of the General Plan expeditiously, allowing
other items to be reviewed if there is time; to forward
the document as modified to the Planning Commission for
a full public hearing; and to direct GPAC to determine
their own quorum requirements or other conditions of
their meetings.
M/Werner noted that the motion does not give direction or
guidance to GPAC regarding specific time elements and
limits GPAC discussion of items outside the realm of the
Housing and Circulation Elements.
C/Papen suggested the motion be amended to include asking
GPAC to forward the document, whatever has been
completed, to the Planning Commission by July 15, 1994.
C/Miller accepted the amendment to his motion.
MPT/Harmony pointed out that GPAC may not be able to vote
on changing the quorum because they have not had a quorum
the last couple of meetings.
C/Ansari, in concurrence with MPT/Harmony, stated that,
in consideration of time and technicalities, the City
Council should change the quorum of GPAC to 50% plus one.
C/Papen expressed concern that the Council would be
MAY 26, 1994 PAGE 7
accused of meddling if it sets the rules for GPAC. She
pointed out that once those vacancies are filled, nine
members can be absent still making a quorum, and if nine
people are consistently absent, the Council needs to
consider disbanding the group.
Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Miller, Papen
NOES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/
Werner
ABSENT: COUNCIL MEMBERS - None
MPT/Harmony moved to request GPAC to conclude their
business within the next three weeks, addressing any
issue so desired, and that the majority be set at 50%
plus one.
Motion failed for lack of a second.
M/Werner moved, C/Ansari seconded to direct GPAC to
complete their review by June 30, 1994. With the
following Roll Call vote, motion carried
AYES: COUNCIL MEMBERS - Ansari, Miller, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - Papen
C/Ansari requested staff to inform the Council which
members of their appointments have not been going to the
meetings. She also recommended that perhaps GPAC may
want to take into consideration summer schedules and
vacations when determining the quorum.
3. ANNOUNCEMENTS: None
4. CLOSED SESSION: LITIGATION (G.C. 54956.9) SELECTION
OF SPECIAL COUNSEL RE: COMMITTEE TO RECALL PAPEN AND MILLER
V. LYNDA BURGESS, ET AL., - ICA/Montgomery reported that the
Council would conduct Closed Session pursuant to Government
Code Section 54956.9.
RECESS: M/Werner adjourned the meeting to Closed Session at
5:15 P.M.
RECONVENE: M/Werner reconvened the meeting at 5:30 p.m.
M/Werner reported that the Council agreed to retain the
services of Wallin, Kress, Reisman, Price & Pettit as attorney
for pending litigation G.C. 54956.9, authorized the City
Manager to execute a contract forthwith not to exceed $10,000
and order that the legal services can begin upon the condition
that a full and formal contract be brought back to the City
Council on June 7, 1994.
MAY 26, 1994 PAGE 8
5. ADJOURNMENT: With no further business to conduct,
the meeting was adjourned at 5:31 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
MINUTES OF THE CITY COUNCIL bRAPT
ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 31, 1994
1. CALL TO ORDER: Mayor Werner called the meeting to
order at 7:00 p.m. in the AQMD Auditorium, 21865 E. Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Council Member Ansari.
ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony,
Council Members Ansari and Papen. Council Member Miller was
absent (due to a potential conflict of interest).
Also present were Terrence L. Belanger, City Manager; Frank
Usher, Assistant City Manager; Michael Montgomery, Interim
City Attorney; James DeStefano, Community Development
Director; George Wentz, Interim City Engineer and Lynda
Burgess, City Clerk.
2. PUBLIC HEARINGS:
2.1 PARCEL MAP NO. 24031 - CM/Belanger reported that the
applicant requested a merger of Lot 1 of Tract No. 31479
and Lot 61 of Tract 42557 to create a single parcel
totaling 68.10 acres and removal of the right to restrict
construction of residential buildings. He stated that
the Planning Commission, at their May 23, 1994 Public
Hearing, recommended that the Council deny Parcel Map No.
24031.
M/Werner opened the Public Hearing.
Jan Dabney, land development consultant representing Mr.
Forrister, 671 Brea Canyon Rd., explained that the appli-
cation was presented to the Council to facilitate an
alternate consideration to the original South Pointe
Master Plan.
In response to C/Papen, Mr. Dabney stated that approxim-
ately 9 units could be built on the next acreage of Lots
1 & 61, which reflects the density transfer that already
occurred; however, the applicant requested to construct
one unit with the intent of having map restrictions
removed and both parcels merged, allowing the applicant
to come back at a later time with another project
application.
In response to C/Ansari, Mr. Dabney explained that the
access road is predicated on the density; therefore, if
one unit is granted on the property, access would most
likely be from Summitridge, but if the property were
eventually allowed to be developed at nine units or
above, the access .road would come through The Country
Estates, if so allowed.
In response to MPT/Harmony, Mr. Dabney stated that there
had never been a plan submitted for the parcels, but
MAY 31, 1994
PAGE 2
rather a conceptual drawing prepared after Mr. Forrister
bought the property to determine the maximum available
yield of the parcel which was presented to the Board of
The Country Estates for comment.
CM/Belanger, in response to M/Werner, stated that the
Public Hearing on both items could be held at the same
time, if so desired, with the caveat that the two
projects are not connected in any substantive fashion
regarding environmental issues.
Max Maxwell, 300 Bent Twig Ln., inquired if the City pays
for landscape maintenance of lots 1 & 61. He noted that
the developer has every intention of developing the prop-
erty once the restrictions are lifted.
Gordon Guber, 24303 Rimford P1., in support of the
Planning Commission's recommendation, stated that there
is no benefit to the community in removing the restric-
tions.
Karen Capestro, 1652 S. Longview, expressed concern
regarding potential environmental impacts to the commun-
ity resulting from any proposal. She submitted a peti-
tion with 112 signatures supporting the existing land
restrictions, to be attached to the petition with 73
signatures presented to the Planning Commission pre-
viously.
Harry Wang asked the Council to listen to the community
and deny the application.
Michael Long, 1646 Longview Dr., expressed opposition to
the application because of potential environmental
impacts.
David Capestro, 1652 S. Longview Dr., in opposition to
the application, expressed concern that the City is
becoming overdeveloped.
Michael Ferry, 24300 Knoll Ct., expressed support of the
Planning Commission's recommendation to deny the applica-
tion. He stated that Brock and Transamerica told home-
owners at the time of purchase that the restricted area
would remain an ongoing greenbelt. He stated that the
City does not need more development in an area already
significantly impacted by traffic.
Cart Shin, 2160 Indian Creek Rd., expressed opposition to
the application.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd.,
referring to a letter from the Office of Planning and
Research (OPR), stated that it was her impression that
the City cannot initiate, accept, process or approve
MAY 31, 1994 PAGE 3
General Plan amendments during the period of the exten-
sion allowed for the General Plan. She expressed opposi-
tion to lifting restrictions of map and building on any
parcel.
Nick Anis, 1125 Bramford Ct., stated that the desire and
need to build a South Pointe Middle School should not be
accomplished at the sacrifice of other sections of the
City, nor should the school be sacrificed by not approv-
ing the South Pointe Master Plan.
Benjamin Quong, 1539 Summitridge Dr., stated that D.B.
became a City to gain control of development. He stated
that the City needs to stop catering to outside interests
and begin representing the community.
Dianne Singer, 20881 E. Quail Run, expressed concern that
the developers are attempting to hold the City hostage if
development does not occur. She stated that the City
needs to look after the interests of the community, not
the developers, as well as protect the wildlife and
vegetation.
Ken Anderson, referring to literature regarding
coccidiodimicoccess valley fever, stated that the City
needs to be aware of the health issues involved. He
noted that residents want a school but not at the expense
of the community.
With no further testimony offered, M/Werner closed the
Public Hearing.
ICA/Montgomery, in response to comments made, stated that
any developer always has the right to sue a City at any
time; however, zoning and General Plan uses are usually
upheld by the courts. He explained that restrictions
were placed on certain lots as a condition of approval of
the tract map whereby the developer agreed to permanent
restrictions against building residences on the lot. In
order for the City to release those rights, the City must
first refer the matter to the Planning Commission for its
recommendation and then a finding must be made at the
Council level that no public purpose would be served by
keeping the land open space, that the abandonment is con-
sistent with the local General Plan and that it is con-
sistent with other open space restrictions. He stated
that the restrictions do not prevent the developer from
putting a different use, other than residential, on the
property.
M/Werner requested examples of the type of public purpose
that might be served keeping the land open space.
ICA/Montgomery stated that section 51084 indicates that
the preservation of the land as open space is in the best
MAY 31, 1994
PAGE 4
interest of the City if the land is essentially unim-
proved, and if retained in its natural state, has scenic
value to the public, or it is valuable as a water shed or
as a wildlife preserve, or if the land will add to the
amenities of living in a neighboring urbanized area, or
help preserve the rural character of the area in which
the land is located.
Mr. Dabney clarified that the application does not
request removal of the open space easement from this
property and that they are aware that lot 61 has an
underlying restriction and falls under a landscape and
lighting district. He pointed out that the property has
gone through a density transfer consideration; however,
they never intended to .develop that portion of the prop-
erty for residential consideration. In response to
neighborhood concerns, they would entertain a reduction
in density and view shed analysis to accommodate those
specific residences.
C/Papen suggested that anyone who has a copy of
Transamerica's agreement dedicating the property open
space should submit it to staff because the City is
unable to find such written documentation. She explained
that without that dedication, the Council must consider
the application.
CM/Belanger stated that staff will bring back to the
Council, at the June 7, 1994 meeting, a Resolution of
Denial placed on the Consent Calendar.
C/Papen moved, C/Ansari seconded to sustain the Planning
Commission's decision and deny parcel Map No. 24031.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Papen, Ansari, MPT/Harmony,
M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller
2.2 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND
OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP
32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE
PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND
CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO.
92-9; THE SOUTH POINTE MASTER PLAN AND ENVIRONMENTAL
IMPACT REPORT NO. 92-1 - CM/Belanger briefly reviewed
the application as outlined in the staff report. He
stated that the Planning Commission recently conducted
Public Hearings on Alternatives 1 & 2 provided in the
South Pointe Master Plan. In response to Mrs.
Courchesne's previous inquiry, he explained that the
conditions outlined in the extension granted by OPR do
not apply to applications initiated prior to the
MAY 31, 1994 PAGE 5
effective date of the extension.
Frank Arciero, Jr. , Arciero & Sons, stated that he bought
his property zoned R-1 with no restrictions and it
appears the City may have down -zoned his property. He
suggested that the Council retain a third party unbiased
land use attorney to outline the rights of property
owners of land not restricted in the City.
ICA/Montgomery clarified that the developer's represen-
tative has yet to provide any legal authority for a
lawsuit.
Jan Dabney, the developer's representative, stated that
the developers do not desire to impact the City in any
legal way. He asked that the innuendos and misrepresen-
tations made by the public not enter into the Council's
judgement on the quality of the project, but that the
Council look at the true benefit offered to the commun-
ity. He stated that issues surrounding the school need
to be resolved and the project reviewed accordingly. He
clarified that no density transfer occurred on this
property, and that the County refused their offer of
dedication for a park.
MPT/Harmony asked if Mr. Arciero had applied for an Army
Corps of Engineers or a Fish and Game permit, needed
because the original Master Plan project filled the blue
line stream.
Mr. Dabney explained that, in order to apply for a
permit, the limits of the project must be defined, which
requires an approved project.
MPT/Harmony noted that the restrictions on the 70 acres
of RnP property within the South Pointe Master Plan were
significant enough to reduce the property tax to only 0
- $9 per parcel per year.
Mr. Dabney requested that the City substantiate the
property tax amount because weed abatement on the
property alone exceed $7,000 annually.
MPT/Harmony noted that approval of the Brock development
project for the Pathfinder homes specifically set aside
land for no development, which is similar to a density
transfer.
Mr. Dabney stated that the recordation of the final map
set aside a 15 acre parcel on the east side, and a 21
acre parcel on the west side of the Pathfinder
Homeowner's Assn. for open space consideration in order
to meet the density requirements for the development,
which was 1 du/10,000 sq. ft. lot or 6 du/ac for a
clustered development. He stated that County statutes
MAY 31, 1994 PAGE 6
and codes in place at the time of Cityhood and back in
1981, are the codes that should be referred to.
RECESS: M/Werner recessed the meeting at 9:00 p.m.
RECONVENE: M/Werner reconvened the meeting at 9:15 p.m.
DEVELOPMENT AGREEMENTS NOS. 92-1 AND 2 (Cont'd.) - Dr.
Hockwalt, Superintendent, Walnut Valley Unified School
District (WVUSD), stated that the District needs the
cooperation of the City in order to get the necessary
permits to move approximately 400,000 cubic yards of dirt
off the site to construct the middle school.
Marlene Ministeri, Principal, South Pointe Middle School,
asked the Council to take the necessary actions to con-
struct the middle school.
Suzanne Lewis, 1055 Capen Street, expressed support for
the project in order to construct the school.
Oscar Law expressed opposition to the project for the
following reasons: the noise level would exceed 90
decibels; unmitigated traffic impacts and increase in air
pollution above State criteria. He suggested that the
Council consider the proposal suggested by Mr. Schad to
build a road to remove the dirt.
Marsha Pace, 3584 Hawkwood, pointed out that the District
cannot afford to lose State funds.
Don Schad made the following comments: the school should
be built but not at the sacrifice of the canyon; the dirt
should be placed on the Arciero property, with considera-
tion given to using a conveyor system to remove the dirt;
consideration must be given to Lyme disease; the canyon
is part of the Pathfinders Homeowner's Assn.; the EIR is
incomplete and the canyon is perfect for education.
Ann Flescher, 20647 Larkstone Dr., expressed support of
the project for the following reasons: the District
cannot afford to lose needed State funds; an additional
access is needed to the school site to relieve current
traffic conditions on Larkstone; and Alternative One
preserves Sandstone Canyon and the integrity of the
neighborhood.
Joyce Hill, 1836 Shaded Wood Rd., made the following
comments: the project increases traffic, noise and air
pollution, which is already a significant problem
throughout the community; the school should be built but
not at the sacrifice of the canyon; and children benefit
in learning science in natural settings.
John Forbing made the following comments: most nature
MAY 31, 1994 PAGE 7
groups do not consider preserving small canyons sur-
rounded on three sides because there is no access; any
road built to access the school will change the
environmental make-up of the canyon; there are currently
thousands more trees in the City than there was when it
was a ranch, indicating that development does not
necessarily destroy the natural integrity of the area;
the proposal approved by the Planning Commission offers
a 28 acre park that would be filled with trees and
include playing fields; the Master Plan project would
benefit the City financially from the commercial area;
the Master Plan would improve traffic conditions; the
District would receive $1.2 million in fees from the
homes to be built and the benefits received from the
Master Plan far outweigh the benefits of leaving the land
as is.
Barbara Beach-Courchesne made the following comments:
the City should concentrate on obtaining revenue from
current commercial centers in the City, of which most
have a vacancy problem; and map restrictions should not
be removed.
George Barrett, 1884 Shaded Wood Rd., questioned how the
proposal could be considered without an approved General
Plan. He stated that the school should be built, but the
community does not desire over development and the major-
ity indicated opposition to any large development.
Yung Kim expressed support for construction of the middle
school but not with the development proposal, which
should be considered as a separate issue. He presented
photos of the condition of his property showing drainage
problems resulting from RnP and Patel's property.
Jennifer Irikawa, Falcon Ridge Rd., expressed support of
the South Pointe Master Plan, which benefits the entire
City. She pointed out that if the District loses its
funding, the silent community will be in an uproar
resulting in a divided City, litigation and most likely
a new Council. She stated that a compromise must be
achieved.
Gary Ihrig, 2110 Running Branch Rd., expressed support of
the construction of the middle school.
Jenny Eastmen, 20839 Gold Run Dr., a student, in support
of the construction of the school, stated that since it
was acceptable to cut trees and affect wildlife to con-
struct existing homes, then it should be acceptable to do
the same to construct a school.
Michael Lowe, 1124 Cleghorn, expressed support for the
South Pointe Master Plan for the following reasons: if
wildlife inhabits the canyon then it is not safe for
MAY 31, 1994 PAGE 8
children; a park area would benefit the entire City and
a school is needed.
Max Maxwell objected to discussing the school when it is
not on the agenda or included in the project proposal.
He further stated that removal of the dirt is Mr.
Arciero's responsibility and an offer has been made to
accept the dirt; the issue regarding the purchase of the
Water property needs to be resolved and the canyon needs
to be preserved.
David Capestro expressed support for construction of the
school but not the development proposal. He inquired if
the lifting of restrictions on the RnP property in the
South Pointe area lifts the restrictions on the RnP'S
property on Grand Ave.
Clay Chaput, Asst. Superintendent for Fiscal & Facilities
Mgmt., WVUSD, asked the Council to at least approve the
EIR to accommodate the dumping of dirt on the RnP prop-
erty as outlined in Alternative One.
Terry Birrell pointed out that since all of the alterna-
tive proposals were introduced after January 31, 1994,
consideration or adoption of any of those alternatives
would be in violation of the General Plan extension as
stated in Government Code Section 65361. She stated that
GPAC already voted to preserve map restrictions; the
development of the RnP property would therefore interfere
with the future General Plan. She pointed out that the
Development Agreement would be void should the Council
favorably act upon this proposal in which one of the
Council Members, an officer of the City, gains finan-
cially.
ICA/Montgomery confirmed that if the perceived conflict
of interest involving C/Miller was substantiated, then
the Development Agreement would be void.
C/Papen pointed out that the FPPC indicated that there is
no conflict of interest involving C/Miller and this
issue. She suggested that anyone with further evidence
should go through the appropriate process.
Ms. Birrell stated that the RnP subdivision application
and the 1992 & 1993 draft EIR indicate that the appli-
cant's'address was that of C/Miller's father-in-law;
C/Miller's father-in-law owns the contractor's license
for G. Miller Development Co.; the President of South
Pointe Middle School Community Club is employed by
Caroline Pacific, which is owned by C/Miller; that Mr.
Forrister is not knowledgeable of his own project and
must defer questions to someone else; and since C/Miller
voted twice on the Master Plan, he has influenced the
record with respect to the Master Plan, which would lift
MAY 31, 1994 PAGE 9
map restrictions.
CM/Belanger, in response to comments made, stated that
the South Pointe Master Plan is not a Specific Plan as
defined by G.C. Section 65450; the purpose of the Master
Plan is to evaluate three separate maps being submitted
at the same time in order to coordinate the development;
the Alternatives presented are reductions of the same
projects and are not new projects; in order for G.C.
Section 1090 to take effect, it would have to be shown
that C/Miller does have a current interest in the
property; there is nothing in the Master Plan that would
lift the restrictions on the Grand Ave. property.
C/Papen referring to the Wildlife Corridor Study,
requested staff to explain the impediments currently
existing to wildlife in Sandstone Canyon.
Jack Easten, President of Tierra Madre Consultants, 1159
Ayala Ave., Riverside, a consultant biologist, displayed
a map of the project site and made the following
comments: there are no impediments to wildlife movement
within the site itself; the site is relatively isolated
from larger areas of natural open space; it is not a
major wildlife corridor in the region; a wide ranging
predator, such as a mountain lion, would require open
space of a 15 mile radius; the project site itself,
including the 2 HOA parcels, totals 200 acres, which is
a minimal value to a mountain lion given the overall
range covered by the species; and bobcats, cougar and
gray fox could use the site.
Mr. Dabney, in response to Mr. Capestro's comment,
clarified that he had not intended to infer that the two
projects, South Pointe Master Plan and the Grand Ave.
proposal, were the same issue regarding the removal of
map restrictions but rather that they had to follow the
same process to request removal of restrictions.
ICA/Montgomery, in response to inquires made by the
Council, stated that if the Council decided to approve
the District's request, that part of the EIR could be
certified. He stated that the Council can consider the
South Pointe Master Plan, the developer's Alternatives
and the District's Alternative.
C/Papen moved, M/Werner seconded to sustain the Planning
Commission's recommendation to approve the EIR and the
South Pointe Master Plan.
C/Papen pointed out the following: Sandstone Canyon
rates fifth in the list of open space areas with
environmental qualities; the only area of undeveloped
land with freeway frontage is in the Brea Canyon area;
the South Pointe Master Plan would bring new commercial
MAY 31, 1994 PAGE 10
revenues to the community and approval of the Master Plan
means school grading could start construction within five
days.
M/Werner stated the following: the South Pointe Master
Plan has significant environmental impacts; noise and
traffic impacts can't be mitigated; the City currently
has too much vacant commercial properties; and there are
no overriding considerations needed to grant approval.
M/Werner withdrew his second to the motion.
Motion died for lack of a second.
M/Werner expressed his opinion that Alternative One
causes the least significant environmental impacts of all
options available and proposes half the density; however,
the Grand Ave. proposal included is out of the question
since it was denied. He asked if the proponents would
find Alternative One as an acceptable compromise only in
terms of the South Pointe area.
Mr. Dabney stated that Mr. Forrister and Mr. Arciero
would be amenable to Alternative One with the caveat that
the property to be dedicated not be developed for some
time.
C/Papen requested that the SASAK property be reviewed
separately, and that there be discussion regarding the
through road.
M/Werner moved, C/Papen seconded to support Alternative
One, as revised, with the caveat that there be a deter-
mination of adequacy of the EIR and the final terms of
conditions be worked out at a future meeting.
C/Papen noted that the following actions would occur if
the revised Alternative One is approved: grading on the
school site could begin immediately; the road would be
constructed on RnP property from the school site to Brea
Canyon Rd.; there would be no need for condemnation pro-
ceedings; Sandstone Canyon would be preserved as it
parallels Brea Canyon; 88% of the Oak trees would be
saved and no heritage trees would be removed; no transfer
density to the Grand Ave. property; the improvements on
Brea Canyon Rd. from Road A would be limited to south to
Pathfinder Rd. with a traffic signal at the intersection;
72 acres of Sandstone Canyon is dedicated to the City in
exchange for development rights of no more than 115
homes; and an entrance monument to the area should be
included. She pointed out that the proposal calls for no
development on the Arciero property, transferring those
development rights and removing map restrictions on the
RnP property. She suggested that any cougars or bobcats
in the canyon should perhaps be tranquilized and
MAY 31, 1994
PAGE 11
relocated since they would endanger the public.
MPT/Harmony expressed concern with Alternative One
because, though it preserves open space and has the least
environmental impacts, there are significant effects
resulting from the roadway to be built through the canyon
on the other side of the RnP property. He questioned the
benefits of lifting the map restrictions on either parcel
of the RnP property when the solution was negotiated a
long time ago by the School District with Arciero.
C/Ansari, in support of Alternative Two, expressed her
opinion that the map restrictions, which were placed for
a purpose, should not be removed. She stated that the
District should be given a grading permit to begin con-
struction, that Arciero should be allowed to build on his
property and that the dirt should be removed. She stated
that though Sandstone Canyon is not one of the more sig-
nificant canyons, it is an important educational tool for
children and should be preserved. She expressed support
for preserving all map restricted areas in the City.
M/Werner read excerpts of a letter to the editor written
by Mr. Schad May 1, 1989 opposing the School District's
decision to construct a school at the current site. He
questioned why C/Ansari would allow Mr. Arciero to build
on his property by filling the canyon. He stated that
the restrictions on the RnP property were placed not so
much for the environmental value but as a result of
development negotiations that occurred with the County.
He stated that the Council has the opportunity to review
both properties and extract the portions of the property
that has environmental value.
C/Papen pointed out that the District would not be able
to begin grading this week because Mr. Arciero needs
permits from the Department of Fish and Game and the U.S.
Army Corp. of Engineering because of the blue line
stream.
MPT/Harmony stated that the open space on Arciero's
property could be looked at as temporary stockpiling
and/or moving in developing the Master Plan if
Alternative Two is approved.
Motion failed 2-2 by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Papen, M/Werner
NOES: COUNCIL MEMBERS - Ansari, MPT/Harmony
ABSENT: COUNCIL MEMBERS - Miller
MPT/Harmony moved, C/Ansari seconded to direct staff to
review and approve a grading stockpiling permit in
compliance with the Hillside Maintenance Ordinance to
allow the District to begin grading.
MAY 31, 1994
PAGE 12
MPT/Harmony suggested that the dirt be placed across the
Arciero property or stockpiled on the Arciero property,
without impacting the trees.
M/Werner pointed out that removing the dirt is a process
that would take many years, thus delaying construction of
the school.
C/Ansari moved, MPT/Harmony seconded to offer a substi-
tute motion to grant the School District a grading permit
and approve Alternative Two.
MPT/Harmony requested a brief description of what is
accomplished by Alternative Two.
Mr. Arciero stated that Alternative Two proposed that all
the fill go on to his property, destroying the entire
canyon. He questioned the appropriateness of making a
motion to approve an Alternative not properly researched.
He stated that he has no place to move the dirt so the
grading permit is of no value.
MPT/Harmony withdrew his second to the substitute motion.
ICA/Montgomery stated that if there is a consensus to
issue a permit, the supplement to the EIR, which is to
export surplus soil material, would be certified.
Mr. Arciero, in response to C/Ansari, stated that had he
not convinced his father four years ago to stop removing
the dirt to work with the City to develop a Master Plan,
the dirt would have been removed and the canyon filled.
Motion failed 2-2 by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - Papen, M/Werner
ABSENT: COUNCIL MEMBERS - Miller
M/Werner moved, C/Ansari seconded to continue the meeting
to June 1, 1994 at 9:30 a.m. at the Walnut Valley Unified
School District Board Meeting Room. Motion carried
unanimously.
3. ANNOUNCEMENTS: None.
4. ADJOURNMENT: With no further business to conduct,
the meeting was adjourned at 11:40 p.m. to June 1, 1994 at
9:30 a.m. at the Walnut Valley Unified School District Board
Meeting Room, 880 S. Lemon Avenue, Diamond Bar, California.
ATTEST.- LYNDA BURGESS, City Clerk
Mayor
MINTTTEs oP T88 c=rr Uvvme=L
O
ADJOURNED REGULAR MEETING 0? THE CITY OF DIAMOND BAR
JUNE 1, 1994
1. CALL TO ORDER: M/Werner called the meeting to order
at 9:33 a.m. in the Walnut Valley Unified School District
Board Room, 880 S. Lemon Ave., Diamond Bar, California.
PLEDGE OP ALLEGIANCE: The audience was led in the Pledge of
Allegiance by C/Ansari.
ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony,
Council Members Papen and Ansari. (C/Miller was absent due to
a potential conflict of interest.)
Also present were: Terrence L. Belanger, City Manager; Frank
Usher, Assistant City Manager; Michael Montgomery, Interim
City Attorney; James DeStefano, Community Development
Director; David Liu, Senior Engineer and Lynda Burgess, City
Clerk.
2• PUBLIC HEARING:
2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND
OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP
32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE
PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND
CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO.
92-9; THE SOUTH POINTE MASTER PLAN AND ENVIRONMENTAL
IMPACT REPORT NO. 92-1 - M/Werner reported that there was
discussion at the May 31, 1994 meeting regarding a con-
cern that the proposed roadway, as indicated in
Alternative #1, would significantly impact the remainder
of the canyon and if a secondary road access to the
school could be provided that would cause little or no
impact on the canyon.
MPT/Harmony expressed support of Alternative #3 because
the EIR provides for the grading permit to be issued,
giving some options to WVUSD on exporting the dirt.
ICA/Montgomery stated that the Council could certify the
EIR and adopt only one of the alternatives, as selected
by the Council, which would allow the 30 -day process to
begin. He explained that certifying the EIR does not
deny any of the other applications and carries them over
to allow for further negotiations at a later time.
C/Papen noted that Alternative #3 does not call for
stockpiling the dirt but rather for exportation of the
dirt.
ICA/Montgomery explained that the EIR allows for exporta-
tion of the dirt to either be dumped, stockpiled or
trucked as necessary, to include dumping the dirt into
the canyon.
It was moved by MPT/Harmony to issue a grading permit to
JUNE 1, 1994 PAGE 2
the School District, certify the EIR and adopt
Alternative #3.
C/Papen offered a substitute motion, seconded by M/Werner
to approve the certification of the EIR with no action
taken on any of the projects at this time. Motion failed
2-2 by the following Roll Call vote:
AYES:
COUNCIL
MEMBERS
- Papen, M/Werner
NOES:
COUNCIL
MEMBERS
- Ansari, MPT/Harmony
ABSENT:
COUNCIL
MEMBERS
- Miller
C/Ansari pointed out that certifying the EIR and granting
a grading permit will begin the process until the Council
can decide what will be done.
MPT/Harmony requested clarification as to what 30 -day
process would begin upon certification of the EIR.
Peter Lewendowski, EIR consultant, explained that a com-
prehensive Environmental Impact Report was prepared to
assist the decision makers and the public understand and
evaluate potential environmental implications of their
actions, as required by CEQA. He stated that the certif-
ication of the EIR, or the EIR itself, is only an inform-
ational document and not a policy document obligating the
City to take any actions or non -actions. He explained
that certification of the EIR begins a 30 -day statutory
review period during which legal challenges to the docu-
ment's adequacy can be brought and, if none are received,
the record is deemed complete and the EIR is certified.
He further stated that various provisions of the
Government Code and Subdivision Map Act dictate that
after certification of the EIR, actions on the project
must occur within five or six months subject to the
Permit Streamlining Act, or failure to take action con-
stitutes a tacit approval of the project.
ICA/Montgomery, in response to MPT/Harmony,,stated that
a tie vote does not constitute a denial of the projects,
and once the EIR is certified, the Council must reach a
consensus on one of the alternatives or else all alterna-
tives would automatically be approved.
In response to C/Papen, ICA/Montgomery explained that the
Permit Streamlining Act does not apply to projects where
the developer has voluntarily continued the matter or
requested an extension.
C/Papen stated that a compromise and a decision needs to
be made regarding the South Pointe Master Plan so the
school can be built. She noted that it is appropriate
for the City to lift map and deed restrictions if there
is a significant benefit to the City, which would result
with Alternative #1.
JUNE 1, 1994 PAGE 3
C/Ansari requested further discussion as to the part of
the canyon that should be saved. She suggested that the
Arciero project in Alternative #1 could be modified to
save the blue line stream and construct a road going
through Brea Canyon or further up toward the Shea homes.
C/Papen pointed out that Alternative f1 saves the canyon
from Rapid View south, which has always been the part
considered to be Sandstone Canyon.
ICA/Montgomery stated that, upon further review, he
determined that the EIR, which was approved by the
Planning Commission in 1993, has been pending for more
than a year; therefore, the six-month requirement of the
Permit Streamlining Act of the EIR no longer applies.
Jan Dabney, noting that they did not voluntarily concur
with a continuance to the project following Planning
Commission approval, stated that their lawyers would
contest ICA/Montgomery's opinion regarding the Permit
Streamlining Act because they were not allowed to con-
tinue the project but rather, were asked by the Council
to come back the following year since a General Plan was
not in place. He requested that the Council conclude on
the EIR and identify the site where the dirt is to be
moved. He then noted that RnP paid $25,000 a year in
property tax and not the $9 a year suggested by MPT/
Harmony at the last meeting.
CM/Belanger stated that the City was statutorily prohib-
ited from continuing forward due to the referendum;
therefore, it is arguable if the operation of law, as it
relates to the Streamlining Act, would be affected. He
stated that the Council created Ordinance No. 4 to allow
for discretionary acts; however, one of those discretion-
ary acts was not on this map.
ICA/Montgomery, in response to MPT/Harmony, stated that
if the EIR is certified and the applicant is correct that
he did not voluntarily agree to a continuance, then the
six-month requirement of the Permit Streamlining Act
would apply.
MPT/Harmony asked if the grading permit could be issued
without certifying the City's EIR, only the WVUSD's EIR
to allow them to begin their project.
Mr. Lewendowski stated that the WVUSD previously certi-
fied their EIR as is referenced in the City's DEIR. He
explained that the issuance of agrading permit is a
discretionary action on the part of the City and requires
the City to comply with CEQA provisions by either certi-
fying WVUSD's prior EIR or undertaking a separate action
such as the certification of the South Pointe EIR. He
noted that WVUSD's EIR does not thoroughly discuss the
JUNE 1, 1994 PAGE 4
environmental impacts associated with the project and may
have potential technical. deficiencies; however., those
deficiencies could be reconciled allowing the document to
be utilized as the CEQA basis and allowing WVUSD to cert-
ify the City's part of the EIR so the grading permit can
be issued.
C/Papen pointed out that the City would need to approve
a truck haul route to export the dirt as indicated in
Alternative 13, either on Larkstone Dr. down Lemon Ave.
or through the project site, which would destroy the
canyon area to Brea Canyon Rd. She also pointed out that
the only identified site where the dirt could go is the
Spadra landfill. She stated that these actions are
costly.
MPT/Harmony amended his motion, seconded by C/Ansari, to
approve issuance of a grading permit, subject to WVUSD's
certification of an EIR.
M/Werner pointed out that the City's EIR indicates that
the dirt can be dumped anywhere outside the site, includ-
ing the RnP property. He expressed concern that the
motion, if approved, would issue a permit for development
without first seeing the plans.
MPT/Harmony stated that WVUSD has full authority to make
decisions on the same issues and concerns as the City and
is accountable to the voters on those decisions. He
expressed his opinion that none of the development pro-
ject alternatives are acceptable; however, issuing a
grading permit would allow for immediate construction of
the school until an acceptable project has been sub-
mitted.
Motion failed 2-2 by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony
NOES: COUNCIL MEMBERS - Papen, M/Werner
ABSENT: COUNCIL MEMBERS - Miller
C/Papen suggested that the concerns regarding Alternative
#1 should be itemized by C/Ansari so they can be
addressed.
Mr. Lewendowski provided statistics in terms of cost for
exporting 30,000 trips of dirt from the site.
M/Werner asked Dr. Hockwalt, WVUSD Superintendent, to
the dirt.
respondto the grading options regarding exportation of
Dr. Hockwalt stated that the timeframe of 18 weeks to
remove the dirt by truckloads is not a viable option, nor
is the cost factor relating to exporting the dirt by
JUNE 1, 1994 PAGE 5
truckloads and the impact to the neighborhood during
exportation.
MPT/Harmony requested clarification of WVUSD's agreement
with Arciero when the South Pointe Master Plan was
originally developed.
Dr. Hockwalt stated that the original agreement was to
place the dirt in the canyon; however, Mr. Arciero
decided not to move the dirt when the City was in the
process of incorporating so that a Master Plan could be
considered. He explained that the litigation involving
Arciero and the School District was to submit that agree-
ment in place that he did have a commitment, legally and
financially, to remove the dirt. He pointed out that
WVUSD does not need a grading permit but Mr. Arciero
does, who is the lead agency. He reiterated that an
18 -week period for removal of the dirt would not allow
WVUSD to maintain the bid for construction.
MPT/Harmony suggested that the City issue WVUSD a grading
permit, allowing the School District to decide how the
dirt would be removed or stockpiled. He asked Dr.
Hockwalt to identify the original -plan.
Dr. Hockwalt stated that it would appear that if the dirt
was placed into the canyon, as originally planned, there
would be nothing left of the canyon because of the volume
of dirt. He expressed their desire to stockpile the dirt
immediately south of the school on the RnP property
westerly, which would fill the knolls.
C/Papen pointed out that Alternative #1 calls for moving
the dirt to a temporary fill position, which fills the
knoll but preserves the canyon and levels the property
westerly. She also pointed out that once WVUSD does the
temporary fills of the knolls, those knolls are gone
forever.
M/Werner stated that stockpiling is not as good a grading
technique as grading for a project, which is subject to
landform grading, compaction and so forth, for a finished
project. He asked Dr. Hockwalt what WVUSD would do if
the grading permit was issued.
Dr. Hockwalt stated that it is no longer viable, due to
time constraints, to go through the permit process and
delay construction of the school; therefore, the most
viable alternative at this time would be to stockpile the
dirt.
C/Ansari requested clarification if it is possible to
receive a temporary permit from the Dept. of Fish and
Game.
JUNE 1, 1994
PAGE 6
CM/Belanger explained that permits are required if a blue
line stream is to be covered; however, the Corps of
Engineers and the Dept. of Fish and Game issue a second
type of permit, allowing you to cross the blue line
stream temporarily. He stated that a temporary permit
may be received in order to expedite the front end of the
project while getting the permits for the back end of the
project approved, as indicated in Alternative ,#2.
C/Ansari asked how much dirt would be left if Mr. Arciero
could modify his project to save the blue line stream.
SE/Liu stated that less than 100 cubic yards of dirt
could be stockpiled along the ridgeline, maintaining it
at a 2:1 slope.
It was moved by C/Papen to modify Alternative A to:
allow grading to begin immediately; construct the road on
the subject property to the southerly point toward
Pathfinder, preserving Sandstone Canyon and 88% of the
trees; transfer no densities to Grand Ave. in The Country
area; require the developer to improve Brea Canyon Rd.
south to Pathfinder with a traffic intersection at Road
A and Brea Canyon; merge the properties and rights of
Arciero & Sons and RnP Development so they could jointly
offer decision of 72 acres of Sandstone Canyon to the
City in the northside direction, with development rights
of no less than 107 and up to 115 homes on the property;
and that restrictions desired by the development on the
dedication as to City usage be worked out in the future.
M/Werner suggested that the motion be amended to include
issuance of a grading permit to the School District.
C/Papen accepted the amendment to her motion and M/Werner
seconded. Motion failed 2-2 by the following Roll Call
vote:
AYES: COUNCIL MEMBERS - Papen, M/Werner
NOES: COUNCIL MEMBERS - Ansari, MPT/Harmony
ABSENT: COUNCIL MEMBERS - None
It was moved by MPT/Harmony, seconded by C/Ansari to
issue a grading permit to WVUSD as provided under Section
3 of the EIR.
C/Papen noted that WVUSD indicated that the 18 weeks
needed to implement MPT/Harmony's motion is not an
acceptable timeline for construction of the school.
M/Werner pointed out that Dr. Hockwalt stated that it is
not the responsibility of WVUSD to do the grading but it
is the responsibility of Mr. Arciero.
MPT/Harmony stated that, since it is not known how WVUSD
JUNE 1, 1994
PAGE 7
will solve the grading problem, the time needed to do the
since the
grading is unknown. He further stated that, should
Middle School is the WVUSD's project, then they
come back with plans and an acceptable project.
M/Werner amended his motion, seconded by C/Papen to
approve Alternative 11 as a separate amendment as
previously
offered. Motion failed 2-2 by the following
Roll Call vote:
AYES:
COUNCIL MEMBERS - Papen, M/Werner
NOES: COUNCIL MEMBERS - pnsari, MPT/Harmon
ABSENT: COUNCIL MEMBERS - Miller
noted that the motion to issue a grading
ICA/Montgomery the WWSD but rather the respon-
permit need not specify would certify Alternative
sible party, which in essence,
#3.
M/Werner reiterated his concern that it is inappropriate
to issue a grading permit for a plan that is not defined.
ICA/Montgomery noted that the grading permit would be as
defined in the EIR.
part of the south
C/Papen pointed out that WVUSD is not
cant that
will be
Pointe Master Plan and is not the app permit to
doing the grading nor do they need the grading
build the school. his willingness to amend his
MPT/Harmony expressed
ed and or the appropriate d veloper °
��
to include the WVU /
He explained that, since none of the alternatives
presented are acceptable, the intent is to create a
mechanism for WWSD to move forward, noting that WVUSD
has significant authority to implement their plans.
n that the lifting of deed and
map restrictions is being p i expressed concerresented in Alternative 11 as
map res
the only proposal that will work. She suggested that aciero to
modified proposal be addressed that rolows ceedNwith building
build on his property and WVUSD to p
the school, yet preserving the canyon and the blue line
stream.
resented the
C/Papen pointed out that Mr. Arciero presented
the
Council with a modified project in 1988; to D.B.
slope's sta dna Ma ter Plancwas a accordingble
desired to include the
standards
Hillside Grading Ordinance. She pointed out that sout
Pointe Master Plin Alternative #1 over what was or gian construction had been reduced n
approximately 60%
ally proposed and saves the entire canyon.
M/Werner noted that Alternative #2 focuses around pre-
JUNE 1, 1994
PAGE 8
serving the trees and blue line stream.
He
eralso st at
that, in exchange for lifting s map deed dicated in Alternative
estricons
on a portion of the property,
#1, a public benefitasned can be with
used7andcenjoyedeation
of public open space that
MPT/Harmony pointed out that Alternative #1 has
nthe
if-
icant ecological impacts, and severely Pacts
Pathfinder Homeowners swhen the i
irt is moved
westerly. He stated that WVUSD could the use of eyor belt system to export the dirt or create a
a convdown the hill to Brea
road from the school property
Canyon, avoiding the neighborhoods. He concurred that
money is a consideration; however, this is the situation
that WVUSD got themselves into.
M/Werner stated that WVUSD would stockpile the irtn o
the RnP property once the permit is issued, h isis a .
area desired to be preserved by MPT/Harmony and C/
RECESS:
NI/Werner recessed the meeting at 10:47 a.m.
RECONVENE: M/Werner reconvened the meeting at 11:05 a.m.
en
2. 1 DEVELOPMENT AGREEMENT
tE�eN NOS. 92-1 AND 2 boundaries of Sandstone, Canyonbe
suggested t a lot of
specifically defined because they info r that creating
confusion. She expressed her op'
ne
Canyon is the area that runs north/south.
C/Ansari stated that she needed further clarificationy s
to which area, the lower canyon area or the upper
area on RnP property is the most pristine and should be
saved.
nl the RnP property
C/Papen pointed out that grading o Y
saves 88% of the trees.
MPT/Harmony notedonl
at the the
Arciero property Y but are on both properties
by
M/Werner referred to a lettwhich descr b drthelArciero
Mr. Schad a few years agoHe agreed
property as an area of unparalleled beauty.
that Sandstone Canyon,north/south.
th has been referenced by many, is
4-11 area that runs /
e
MPT/Harmony stated that
rights and the City
develop his property in
observing the Hillside
the RnP property is
restrictions should not
clarified that the Council decides on what is
Mr. Arciero has full development
rill not deny him the right to
an ecologically -sensitive manner,
Maintenance ordinance; however,
restricted property and those
be lifted.
M/Werner
JUNE 1, 1994 PAGE 9
ultimately developed and developers have no rights, other
than zoning, until the privilege is exercised through the
entitlement process or granted through Council action.
He stated that the Council owes the applicant a decision.
MPT/Harmony stated that he was under the impression that
a denial of a motion denies the project.
ICA/Montgomery reiterated that the Council would need to
affirmatively deny the project to kill the proposal.
C/Papen reminded the Council that WVUSD is operating
under a time constraint for construction in order to
obtain the $8 million in matching funds. She stated that
WVUSD needs a site to place the dirt, which is outlined
in Alternative 11.
It was moved by C/Papen, seconded by M/Werner to approve
Alternative #1 as modified and previously stated, cert-
ifying the EIR. Motion failed 2-2 by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Papen, M/Werner
NOES: COUNCIL MEMBERS - Ansari, MPT/Harmony
ABSENT: COUNCIL MEMBERS - Miller
CM/Belanger suggested that the Council may desire to
adjourn the meeting and continue the matter to another
time to work out an acceptable solution.
It was moved by C/Papen to adjourn for lunch and return
at 2:30 p.m. Motion died for lack of a second.
MPT/Harmony requested ICA/Montgomery to research the Map
Act in relationship to the issue.
Jan Dabney stated that, if the intent is to preserve the
trees and the blue line stream, Mr. Arciero would be
better off building nothing in light of the effective
yield. He stated that Mr. Arciero would consider
reconsideration of his project as submitted in 1988,
which could accommodate a road to access the school at a
reduction of his development potential.
It was moved by C/Papen, seconded by MPT/Harmony to
continue the meeting to June 3, 1994 at 9:30 a.m. in the
WVUSD Board Room.
3. ANNOUNCEMENTS: None.
4. ADJOURNMENT: With no further business to conduct,
the meeting was adjourned at 12:35 p.m. to June 3, 1994 at
9:30 a.m. in the Walnut Unified School District Board Room,
JUNE 1, 1994 PAGE 10
880 S. Lemon Avenue, Diamond Bar, California.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
1.
2.
MINUTES OF THE CITY COUNCIL DAFT
ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 6, 1994
CALL TO ORDER: M/Werner called the meeting to order
at 6:07 p.m. in the AQMD Auditorium, 21865 E. Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by M/Werner.
ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony,
Council Members Ansari and Papen. Council Member Miller was
absent (due to a potential conflict of interest).
Also present were Terrence L. Belanger, City Manager; Frank
Usher, Assistant City Manager; Michael Montgomery, Interim
City Attorney; David Liu, Sr. Engineer and Lynda Burgess, City
Clerk.
PUBLIC HEARING:
2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND
OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP
32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE
PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND
CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO.
92-9; THE SOUTH POINTE MASTER PLAN - M/Werner reported
that the matter was continued from June 3, 1994 to allow
an opportunity to communicate with the developers for
additional information to assist in deliberations.
C/Ansari reported that she met with Mr. Arciero, Planning
Commissioner Fong, CDD/DeStefano and AP/Searcy to discuss
issues, alternatives and proposals that may be amenable.
She stated that Mr. Arciero indicated that he would
communicate with the Council on the feasibility of the
proposals after consulting with his engineer.
C/Papen, concerned that a private meeting was held to
discuss an alternative that was not first presented to
Council, especially in consideration of the numerous
public meetings and Council debates, stated that it would
be appropriate for the Council to receive a presentation
on the matter at this time.
C/Ansari stated that the issues discussed involved the
roadway going though the canyon, the consideration of the
slide areas near the road and considerations for
development.
C/Papen expressed concern that the alternative discussed
also included a consideration to rezone the signal family
property to multi -family housing up to 12 du/ac, which is
JUNE 6, 1994 PAGE 2
not consistent with the 1993 or 1994 General Plan, not
consistent with the terms of the extension granted by the
Office of Planning and Research (CPR).
M/Werner noted that there would be consideration to
determine if such an alternative is within the scope of
the EIR and whether or not further consideration of such
alternatives might present a resolution to all of the
present issues.
M/Werner stated that, though this is a continued Public
Hearing, the Council has temporarily closed the hearing
from further public input since input had already been
received, pending if the Council finds a need to seek
additional technical advice. He then read a letter from
Jan Dabney, dated June 6, 1994, indicating that Mr.
Arciero is requesting a continuance of this meeting to
next week to allow sufficient time to properly evaluate
the concerns expressed during the meeting with C/Ansari,
Mr. Fong and staff. He invited Mr. Dabney to address the
Council to provide an update regarding the issue.
Mr. Dabney, representing Mr. Arciero, stated that Mr.
Arciero would like to provide a substantial review of the
issues raised by C/Ansari and Mr. Fong as well as to
review four alternates on this project and four suggested
alternate locations of the road to service Alternative
#1.
C/Papen asked what the alternative is as proposed by
C/Ansari.
Mr. Dabney stated that Mr. Arciero requested him to
review three different grading scenarios with four dif-
ferent access scenarios to Alternative #2 in order to
stay out of the canyon, which in effect, would reduce the
pad area and his available site by approximately one
third. He outlined the following issues regarding sug-
gested scenarios for Alternative #2 that need further
review: net available building area; grade; if the site
can be balanced without the WVUSD property, how much can
be developed if he accepts the District's dirt on site;
and at what point can a profit be realized if a portion
of the District's dirt is accepted and a portion of the
dirt is exported. He stated that the concern expressed
for Alternative #1 was to investigate the soils circums-
tances surrounding the current location, and determine
the best crossing at the best grade to allow the road to
come in and stay off the RnP property, and eliminating
the current considerations on the tree count. He then
reviewed the following impacts associated with the three
JUNE 6, 1994 PAGE 3
alternate locations of the road which were already
considered on the Arciero property and the District
property: 45,000 cubic yards of dirt would have to be
moved from the RnP property; there would be about 100,000
to 200,000 cubic yards of dirt to be moved if the road is
located any other location other than the RnP property;
the current location developed Mr. Arciero and Mr.
Forrister has the least grading, the least trees and the
most direct access; locations across the Arciero
property, but off the City property, increases the length
of the road by 30% to 35%; and the alternate location
from Brea Canyon Rd. across the existing water tank site
to the District's property. He stated that the
expeditious way to the property is across the City's
property but there is mention of an existing ancient
slide in the soils report prepared by Leighton & Assoc.
He explained that there was a discussion on increasing
the density on Mr. Arciero's project to offset additional
costs of the grading and loss of available pad.
M/Werner asked Dr. Hockwalt to advise if the continued
review of this item to next week would place the District
in any greater jeopardy then currently exists regarding
funding and construction of the school.
Dr. Hockwalt stated that the jeopardy currently exists
and time remains a serious consideration; however, the
intentions of the continuance are understandable.
ICA/Montgomery, responding to C/Papen's concern regarding
consistency with the General Plan, stated that since the
City does not have a General Plan, Council would have to
find this new proposal to be consistent with what is
going to be proposed in the General Plan in the future.
C/Papen expressed concern with the suggestion to build
low- and moderate- income multi -family dwelling units in
an area zoned for single family residences which will
increase density and traffic. She asked about benefits
gained by the community on the proposal, such as land
dedications, the number of housing units, road location,
etc., that would incline the Council to continue the
meeting to allow for further consideration.
C/Ansari explained that the intent was to work with Mr.
Arciero to develop a compromise that would allow him to
develop a project acceptable to the Council and break the
current deadlock. She stated that the details on the
proposals discussed still need further consideration.
M/Werner stated that the developer has indicated that the
JUNE 6, 1994 PAGE 4
proposals are legitimate, and that he is willing to pro-
vide additional analysis to address the concerns raised.
C/Papen, expressing opposition to proposing multi -family
housing units on the Arciero property, pointed out that
the proposal submitted by Mr. Arciero in 1988 for 280
units was largely objected to by many residents at that
time.
The Council discussed continuing the meeting to Monday,
June 13, 1994, at 5:00 p.m. recognizing that the Council
has already scheduled a meeting on June 7, 1994 to
address Mr. Patel's proposal.
MPT/Harmony moved, C/Ansari seconded to continue the
meeting to June 13, 1994 at 5:00 p.m. at the AQMD
Auditorium. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Papen, MPT/Harmony,
M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Miller
3. ANNOUNCEMENTS: None
4. ADJOURNMENT: With no further business to conduct,
the meeting was adjourned at 6:43 p.m. and continued to
Monday, June 13, 1994 at 5:00 p.m. in the AQMD Auditorium,
21865 E. Copley Dr., Diamond Bar, California.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
IM'�'BROFFI CE MZ:MORAl�IDOM
TO: Mayor pro Tom Harmony and councilas"er Ansari
FROM; Linda G.
Magnusony�Accounting Manager
SLTBJVoucher Register, July 5, 1994
DATE:: Jun! 29
1994
Attached are the Voucher Registers dated Jul
notice there are two voucher
Year ending registers. y 6' 1994• You will
g June 30. There is This r due a the Fiscal
allocated to FY93_94 a register for expenditures
Finance Department is a ubmittin or FY94-95, As
requested,the
Finance Committees review and a g the voucher registers for the
Consent Calender. the
prior to their entry on the
The checks will be produced after any recommendations and
the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listings of vouchers dated July 5, 1994 have been
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following funds in these amounts:
FUND NO.
FUND DESCRIPTION
AMOUNT
001
General Fund
112
Prop A Fund
$442,410.16
115
Int. Waste Mgt. Fund
8.26
118
Air Quality Mgt. Fund
1,823.90
125
CDBG Fund
799.76
138
LLAD 038 Fund
3,150.79
139
LLAD 039 Fund
1,439.86
141
LLAD 041 Fund
222.80
250
CIP Fund
105.72
13.47
TOTAL ALL FUNDS
$449,974.72
APPROVED BY:
Li da G. Mag u on
—-- __-
Accounting
Manager
C air Harmony a
Mayor ,Pro Tem
P°Y
erence L. Belanger
City Manager Eileen R. Ansari
Councilmember
oaf City of D i a a o n d Bar }t}
TIMES 124206/29/94 VOUCHER REGISTER
DUE TW.............07/05/94
DDR NAME VENDOR ID.
>OUNT PROJ.TX-NO BATCH P0.LINE/ND. ENTRY/DLE INVOICE DESCRIPTION
-----------------------------------------------------------------------------------------
tract Records Services AbstractRe
1-4095-2120 5 407068 01/1898
or 5 SIgn Shoppe After5Sign
1-4350-5305 48 407068 01/1906
1-4350-5305 49 407066 01/1906
touch Cellular Airtouch
1-4090-2125 42 40705E
riCoep AeeriCoep
1-4090-1200 65 407066 01/1894
art Enterprises AmportEntr
11-4090-2110 55 40706E
wntraut, Phil
i1-4440-4040
15-4215-4000
Armentrout
31 407068 01/1773
3 40706E
bamberlain Consulting BChamber
11-4090-2205 16 407068
I BNI
)1-4510-2320 8 407068 01/1834
ling, Rosi 1200
)1-3478 359 40706A
PAGE 1
s + PREPAID { t
AMOUNT DATE CHECK
------------------------------------
06/28 06/30
77563,77584
MRF Materials Mailing
449.77
TOTAL OLE VENOM --------)
449.77
06/28 06/30
46477
Bavws-Conc In Park
180.00
06/28 06/30
46477
Bannors-Recreation
100.00
TOTAL DLE VENDOR --------)
280.00
06/29 06/30
Cellular Digs -Pool Car
54.80
TOTAL OLE VENDOR --------)
54.80
06/28 06/30
33161
Color Printer Paper
22.68
TOTAL DIE VENOM --------)
22.68
06/28 06/30
Prtg Svcs -MRF Report
105.00
TOTAL OLE VENDOR --------)
105.00
06/28 06/30
EwwfAwdSvcs-May24-June9
1,006.00
06/28 06/30
CDB9Svcs-May24-June9
252.00
TOTAL DIE VENDOR --------)
1,260.00
06/28 06/30
Prof Svcs -Computer Maint
135.00
TOTAL DUE VEl00R--------)
135.00
06/28 06/30
025988
PubNks Manuals-StandSpecs
168.60
TOTAL OCE VENDOR --------)
168.60
06/28 06/30
10501
Recreation Refund
78.00
TOTAL OCE VENOM --------)
78.00
*}{ City of Diaeond Bar ***
12,.4206/29/94 VOUCHER REGISTER
DUE THRU.............07/05/94
PAGE 2
* * PREPAID * *
AME VEMM ID.
PROJ.TX-ND HATCH PO.LINE/ND.
-------------- ; ---------------------------------------
ENTRYAM INVOICE
DESCRIPTION
---------------------------------
AMOUNT DATE CHECK
CLOUT
40706A
06/28 06/30
CLOUT Mtg 6/23-Ansari
12.00 06/30!94 0000421578
10-2325
61
TOTAL PREPAID AlNXMT ----)
12.00
TOTAL DUE VENDOR --------)
0.00
Enterprises
50-6250
CapitolEnt
7 40706D 01/1981
06/28 06/30
StarageUnit-RecSvcs
1,435.06
TOTAL OLE VENDOR --------)
1,435.06
,lin, Guadalupe
ChambrGuad
06/28 06/30
Prkg Citation Refund
45.00
"13
32 407066
TOTAL DUE VENDOR -------- )
45.00
, Khalil
?23
ChaquiKhal
33 40706$
06/26 06/30
Prkg Citation Refund
330.00
TOTAL DUE YEW --------)
330.00
Peter
478
1197
358 40706A
06/28 06/30
10768
Recreation Refund
57.00
TOTAL OLE VENDOR -------->
57.00
Hills Ford
1430-2200
ChHillFord
7 40706E 03/1682
06/28 06/30
1369159
gr Car
is le eainr�
1680
26.40
1-2214
090
28 407060
06/28 OWD
68M
laceeent
TOTAL DUE VENDOR -------->
43.20
star Photolab
Colarstar
15 40706B
�/ �!�
File Procss Svcs-H&
•�
4014-2110
4030-2110
9 407068
06/26 06/30
004553
File Procss Svcs-ACMgr
8.71
13.96
4210-2110
19 407068
06/26 06/30
004555
Film Procss Svcs -ADR 94-3
TOTAL DUE VENDOR -------->
45.67
c/Eeland Assoc
CotHelAsso
06/28 06/30
Prof Svcs OPAL -5/2-5/29
2,131.51
4210-4220
86 407060
TOTAL DUE VENDOR --------)
2,131.51
Engineering
DWEngine
39 40705E •
06/29 06/30
94R-006
EldghSafetySvc-5/26-6/21
13,422-48
-4220-5201
-2300-1010
144 40706E
06/28 06/30
94s-007
Plan Review -FPL 94-012
67-50
45.00
-2304-1010
145 407068
06/28 06/30
94s-007
Plan Review -FPL 93'009
Plan Review -FPL 94-014
67.50
-2300-1010
146 40706B
06/28 06/30
06/28 06/30
94s-007
94s-007
Plan Review-Caly Chapel
90.00
-4220-5201
38 40706E
TOTAL DUE VENDOR -------->
13,692.48
+tt -r #a
RUN TIlE.12:Ci
4206/29/94 VtOy UCoHf DiER RaEeGoInSd TEBR af
DUE THRU.............07/05/94
PAGE 3
V8W NAPE VENDOtt ID.
ACCOUNT PROJ.TX-ND BATCH P01INE/1D. ENTRY/DUE INVOICEDESCRIPTION } a PREPAID }
------------------------------------------------------------------------------------------------------------------------------------ TE CHECK
DKIews, Lillie 1203
001-3478 361 40701A 06/28 06/30 10829 Recreation Refund
TOTAL DUE VENDOR --------)
Eastman Inc.
Eastman
001-4060-1100
041-4010-1100
26 407068
g 407068
06/28 06/30
0012516808
Supplies -Finance
001-4030-1100
22 40706B
06/28 06/30
06/28 06/30
012496615
012496628
Supplies-CCaurKil
Supplies -ft
001-4050-1100
001-4090-1200
25 407068
06/28 06/30
012496654
Supplies -Finance
001-4210-1100
66 407068
27 407068
06/28 06/30
012496669
Supplies -Gm Govt
001-4313-2210
54 407068
06/28 06/30
012496682
Supplies -Ping
001-4310-1100
15 407068
06/28 06/30
06/28 06/30
012496691
012496708
Supplies-Hrtgmork
Supplies-Prks & Rec
112-4553-5533
001-4310-1104
8 407068
16 407068
06/28 06/30
012496765
Supplies -Prop A
125-4215-1200
31 40706E 01/1870
06/28 06/30
012506778
Eaeel,ChaiStool-CM
001-4090-1204
001-4210-1100
67 40706E
28 407068
06/28 06/30
012516497
9upplies-Gm Govt
001-4510-1100
30 407068
06/28 06/30
06/28 06/30
012516502
012519243
Supplies -Ping
Siipplxes-Pub ilks/BW
TOTAL DUE VENDOR -------->
:eergency Services
EeServRest
001-4313-2210
53 40706E 01/1914
06/28 06/30
E5016
Sei+ WleanUp-Hrtge
TOTAL DUE VEM--------)
quity Collection Service EquityColl
I01-4090-2125
40 407068
06/28 06/30
Oct93Phne Dijs-Bldo fty
TOTAL DUE VENDOR --------
kA Federal Credit Union F&ACreditU
)01-2110-1012
24 40706A
06/28 06/30
Payroll Deductions-PP13
TOTAL PREPAID AMOw ----
TOTAL DUE VENDOR --------}
A Federal Credit Union FLACreditU
01-2110-1012
25 40706A
06/28 06/30
Payroll Deductions-PP12
TOTAL PREPAID AMOUNT ----
TOTAL DUE VENDOR --------)
I Copier Products
FKN•
)1-4090-1200
69 40706C 01/1873
06/28 06/30 271334
FsrLube/Dvlpr-Xerox
TOTAL DUE VENDOR --------
39.00
39.00
23.11
51.60
170.73
36.26
251.53
32.30
246.51
118.76
8.26
1%.54
658.17
23.69
23.69
129.33
1,970.48
575.00
515.00
313.79
313.79
1,675.00 06/30/94 0000021581
1,675.00
0.00
1,675.00 06/30/94 0000021574
1,675.00
0.00
383.13
383.13
TIIEx12-4206/29/94
tff City 0f Diaaond Bar ae
VOUCHER REGISTER
DUE TM.............07/05/94
PAGE 4
R NAME
Xw
--- ----------------------------....-
VOW IL
---------- ----- I ps ENTRY/DUE
-------------------------------------------------------------------
INVOICE DESCRIPTION
# � PREPAID f a
� ---NT DATE ----CHECK
al Express Corp. Fw Express
2300-1010 147 407060
2300-1011, 148 40706C
X0 0-1010 149 407060
1300-1010 150 407060
1300-1010 151 40706C
U300-IG10 152 407060
1090-2120 42 40706C
06/30
06/28 0 03/30
Ob/28 6/30
06/26 06/30
0612806,30
06/28 Ob/30
06%18 06/30
524853b16 Ex
524833616 Exams mall Svc-FPL92-30
"s nail Sire-FPL93-06
52485,4616 Express
ams sail Svc-FPL92-19
524853616
524853616 ExExams sail Svc -M93-06
524M16 Express sail Svr-ML92-30
press Mail-FPL92-19
524853616 Express sail Svc -Gen
16.50
16.50
10.40
4.79
1.31
16.50
94.50
Elizabeth 1207
478 353 40706A
06/28 06/30
TOTAL CICS VEllM--------}
11521 Recreation Refund
160.50
27.00
TOTAL BE VEMM--------}
27.00
X90-2130
MEL
67 40706C
06/28 06/30
Equip Rent -6/19-7/19
860,03
ifarnia
31-2125
GTE
23 40706C
06/28 06/30
TOTAL DIE VEmM-------->
May Phne Svcs-SycCynPrk
860.03
54,73
.forma
0-2125
�
41 407060
06/28 06/30
TOTAL DUE VENDOR --------)
June Phne Svcs-B1dgM,SftY
54.73
173.84
farnia
1-2125
STE
24 407060
06/28 06/30
TOTAL ME VEHBOR--------y
June Phne SVCS-SycCynPrk
173.84
53,01
'amid
s
TOTAL DUE VEIm--------f
53.01
4�;,Pk,-2125 19
06/2806/30
June Phne Svcs-Hrtg PNc
52.15
TOTAL DUE VEM U --------)
52.75
amid
GTE
-2125
23 407060
06/28 06/30
Phone SKs-Modus Line
17.05
TOTAL DUE VENDOR --------y
17.05
oat
City 0f 0 i a a 0 n d Bar }tt
PAGE 5
VOUCHER REGISTER
RLGITIME! 1214206/29/94
DUE TW.............07/05/94
t t PREPAID { +
VENOM NATE
ti.
ENTRT1811E INVOICE
DESCRIPTION
--------------
NOW DATE CHECKACM
NT
------ �--TX-NO
6AIM 1,�E/IO�--------------------------------------
------------------------------------
GTE California
GTE
06/26 06/:10
Phone Svcs-CityOnLine-Jun
274.76
118-4098-2125
9 407060
TOTAL DUE VENDOR--------)
274.76
Gaewell, Parchi
1209
06!28 06130 11754
Recreation Refund
26.00
001-3478
355 40706A
TOTAL DUE VENOM--------)
26.00
Gantt, Carol
1210
06/28 06/30 11590
Recreation Refund
22.00
001-3478
356 40706A
21.00
TOTAL DUE VENDOR-------->
Gibson, Ken
120595.00
Ob/28 06/30 11079
Recreation Refund
001-3474
44 44706A
95.00
TOTAL DIA: VENDOR-------->
Hinderliter De Llamas Hinderlitr
�� 06/30 1018
PrOfSvcs-Qtr 2 1994
9W•00
001-4090-4010
7 407060 01/1782
TDTAL DUE VOW --------)
940.00
Huang, Jeffrey
1201
06/28 06/3D 10780
Recreation Refund
57.00
001-3478
360 40706A
57.00
TOTAL DUE VE?4DOR -------->
inland Empire
InlandEep525.00
5 40706C 01./1897
06/28 06/30 062194
Transp5vcs-MRF Trip
118-4096-5000
TOTAL DUE VENDOR--------
Inland Valley DIY
Bulletn i
�� 0825M0 1 pup �j-OPAC Ntg
05.90
x'83
�'�
001-4210-4220
���
8706/28
06/30 12814
Rub w"9-DM-1
45.00
001-4210-2115
001-4210-4220
Sew-06/28
06/30 16559
P b W9 tp,PAc NaP 22'1102
62.50
001-4210-2115
50 407060
06/30 17559
06M�� 17975
pub Hrg ADR 94-4
60'8
041-4210-2115
49 407060
324.96
TOTAL DUE VQ0>OFt-------- )
Koldhekar, Sapm
1199
06/28 06/30 11336
Recreation Refund
59.00
001-3478
357 40706A
59.00
TOTAL DUE VEIM--------)
f+tf City of Diamond Bar ttt
RLN TIME! 12:42 06/29/94 V 0 U C H E R R E G I S T E R
DUE THRU.............07/05/94
VENDOR NAME Yom ID.
ACMW PROJ.TX-NO BATCH PO.LINEX. ENTRY/DUE INVOICE DESCRIPTION
------------------------------------------------------------------------------------------------
Kramer, Marsha 1198
001-3474 43 40706A
L.A. County -Sheriff's Dep LACS'heriff
001-4411-5401 44 40706D
L.A. County -Sheriff's Dep LACSheriff
001-4411-5401 45 40706D
Lee, Sookhee 1204
001-3478 362 40706A
Lewis Engraving Inc. LewisEngra
001-4095-2110 23 40706C
Los Angeles County LACIntSvc
001-4090-2130 68 40706D
Los Angeles County LACLibrary
001-4355-5300 5 40706C 01/1902
Los Angeles County ISD LACHN
001-4090-2340 6 40706D 01/109
Marrs Printing MarrsPrint
001-4210-4240 34 40706D 01/1895
001-4210-4240 32 40706D 01/1895
PAGE 6
t f PREPAID t f
ANOINT DATE CHECK
---------------------------
06/28 06/30 11183
Recreation Refund
45.00
TOTAL ME VENDOR -------- )
45.00
06/28 06/30 21237
Oct 93 Helicopter Svcs
55.37
TOTAL DUE VENDOR --------)
55.37
06/28 06/30 22673
May Contract Svcs
305,326.94
TOTAL ME VENDOR --------)
305,326.94
06/28 06/30 11649
Recreation Refund
25.00
TOTAL OLE VENDOR --------)
25.00
06/28 06/30 016053
Tile Engraving -Nichol
17.32
TOTAL DUE VENDOR --------)
17.32
06/28 06/30 1100
May Pager Svcs
93.73
TOM OLE VENDOR --------)
93.73
06/28 06/30
MaterialsforMPublibrary
9,956.71
TOTAL DUE VENDOR --------)
9,956.71
06/28 06/30 ITTC0604
Computer Training Svcs
375.00
TOTAL DUE VENDOR --------)
375.00
06/28 06/30 79490
Stationary/Prtg Svcs -MRF
485.00
06/28 06/30 79531
Stationary/Prtg Svcs -MRF
283.62
TOTAL DUE VENDOR --------)
768.62
+tt
City of D i a a a n d Bar +++
RUN TINE, 12x42 06/29/94
V 0 U C H E R R E
G I S T E R
PAGE 7
DUE TN411N.............07/05/94
VENDOR NAME
VEDOt ID.
t t PREPAID t t
ACCOIM PROJ.TX-NO BATCH PO.LIIE/N0.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DLE
INVOICE
DESCRIPTION
AMOUNT
DATE CHECK
Mobil
Mobil
001-4310-2310
101 407060
06/28 06/30
k2744490
Fuel-P&M
20.00
001-4310-2310
100 407060
06/28 06/30
k29WM
Fuel-PL4
17.00
001-4310-2310
102 40706D
06/28 06/30
0143414
Fuel-PQM
33.16
001-4090-2310
44 407060
06/28 06/30
k414U62
Fuel -Gen Govt
16.00
001-4310-2310
99 40706D
06/28 06/30
k4144184
Fuel-P&H
18.50
001-4090-2310
45 40706D
06/28 06/30
k4144383
Fuel -Gen Govt
15.30
001-4210-2310
42 407060
06/28 06/30
k4144394
Fuel -Ping
23.00
TOTAL DUE VENDOR --------)
142.96
Ortiz, Michael
OrtizMike
001-2300-1004
37 40706D
06/28 06/30
Refu nd-DepositHrtgCommCtr
200.00
TOTAL DUE VENDOR --------)
200.00
Payroll Transfer
Payrol ar
001-1020
67 40706A
06/28 06/30
PP12 Payroll Transfer
48,000.00
06/30/94 0000000012
TOTAL PREPAID AMOLBlT ----)
48,000.00
TOTAL ME VENDOR --------)
0.00
Pomona Judicial District PomdudDist
001-3223
34 407068
06/28 06/30
May Prkg Citations
510.00
TOTAL OLE VENDOR --------)
510.00
Postel, Curtis
PostelCurt
001-4090-2110
56 40706D
06/28 06/30
Materials-MRFCommittee
290.39
TOTAL OLE VENDOR --------)
290.39
Premiere Leasing Co.
PremiereLe
001-4350-2140
26 40706D
06/29 06/30
1245
Mall Installatn-PrtblBldg
606.72
TOTAL DLE VENDOR -------- )
606.72
Public Empl Retirement FM
001-2110-1006
106 40706A
06/28 06/30
RrtireCwtrib-PP12 Emplyr
4,762.04
06/30/94 0000021582
001-2110-1008
109 40706A
06/28 06/30
RetireContrib-PP12 Emplye
5,260.45
06/30/94 0000021582
TOTAL PREPAID AMOUNT ----)
10,022.49
TOTAL DLE VENDOR -------)
0.00
RJL Design
RJDesign
138-4538-4000
17 40706D 06/1718
06/28 06/30
10645
Entry Sign Samples
1,200.50
TOTAL DUE VENDOR --------)
1,200.50
*** City of Diamond Bar ***
RUN TIME: 12,42 06/29/94
V 0 U C H E R
R E G I S T E R
PAGE 8
DUETHRU
.............07/05/94
VENDOR WIE
VENDOR I0.
* * PREPAID 4 t
ACCOUNT PROJ.TX-ID BATCH PD.LINE/N0.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE
INVOICE DESCRIPTION
NOW W DATE CHECK
Razavi, MaryEllen
RazaviM
001-4210-4240
35 40706D
06/28 06/30
Prtg Svcs -MRF
119.08
TOTAL DUE VENDOR --------)
119.08
Richards Watson & Gershon RichardsNa
001-4020-4021
109 40706D
06/28 06/30
Legal Svcs -GP Amndts
81.90
TOTAL ME VENDOR --------)
81.90
Riverside Blueprint
RiversideB
250-4310-6415 06594
100 40706D
06/28 06/30
68623
Prtg Svcs-Pantera Prk
13.47
TOTAL DUE VENDOR --------)
13.47
Rutan & Tucker
RutanTuckr
001-4020-4021
110 40706D
06/28 06/30
May Legal Svcs -DBA
1,404.04
TOTAL DIE VENDOR --------)
1,404.04
San Gabriel Vly Tribune SGVTribune
-
001-4210-2115
54 40706D
06/28 06/30
07148
Pub Hrg-ADR 94-4
93.44
001-4040-2115
80 40706D
06/28 06/30
11438
Pub Hrg-Bids-Tree Trim
56.88
001-4210-4220
89 40706D
06/28 06/30
13060
Pub Hrg-GPAC
69.12
001-4210-2115
52 40706D
06/28 06/30
14433
Pub Hrg-ADR 94-3
86.40
001-4210-2115
55 40706D
06/28 06/30
21398
Pub Hrg-ADR-94-3
61.66
001-4210-2115
53 40706D
06/28 06/30
25778
Pub Hrg-PM 22102
98.56
TOTAL BITE VENDOR --------)
468.06
Shimizu, Jane
1206
001-3478
354 40706A
06/28 06/30
11524
Recreation Refund
27.00
TOTAL DUE VENDOR --------)
27.00
Simpler Life Emergency SimplLLife
125-4215-1200
32 407060
06/28 06/30
Addl Sales Tai Inv 09089
5.84
TOTAL DUE VENDOR --------)
5.84
Sir Speedy
SirSpeedy
001-4030-2110
10 40706D 04/1856
06/28 06/30
15925
Business Cards-ftlsan
60.88
001-4010-2110
16 40706D 05/1856
06/28 06/30
15946
Business Cards-Ansari _
61.30
001-4210-2110
20 40706D 03/1856
06/28 06/30
16042
Business Cards -Ping
61.71
001-4090-2110
57 40706D 02/18%
06/28 06/30
16066
StationrySupplies-Envelps
178.22
TOTAL DUE VENDOR -------->
362.11
ttt City of Diamond Bar fst
RUN TIME: 12=42 06/29/94 V 0 U C H E R R E G I S T E R PAGE 9
DUE THRU.............O7/05/94
VENDOR WE VENDdt ID. t t PREPAID f f
ACCOUNT PROD -T1 -NO BATCH PO.LINE/NO. ENTRY/ME INVOICE DESCRIPTION AIQNT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
Sir Speedy Sirspeedy
Smart 6 Final
SmartWinl
TOTAL DUE VENDOR --------)
125-4215-1200
33 407060 01/1892
06/28 06/30
Softwarehause
Softuare)a
TOTAL DUE VENDOR --------)
001-4095-4260
18 4O7O6D 01/1915
06/28 06/30 4362
001-4095-4260
20 407060 01/1896
06/28 06/30 4362
Solara Press Books
Solan(Pres
209.31
001-4210-2320
15 4O7O6D
06/28 06/30
Southern Ca. Edison
SoCaEdison
269.66
001-4311-2126
17 4O7O6D
06/28 06/30
001-4316-2126
17 407068
06/28 06/30
001-4319-2126
17 407060
06/28 06/30
001-4328-2126
18 4O7O6D
06/28 06/30
001-4331-2126
17 4O706D
06/28 06/30
Southern Ca. Edison S"dison
139-4539-2126 21 4O7O6D
Southern Ca. Edison SaCaEdism
141-4541-2126 25 407060
Southern Ca. Edison SoCaEdison
001-4555-2126 20 407060
Southern Ca. Edison SoCaEdison
138-4538-2126 39 4O7O6D
06/28 06/30
06/28 06/30
06/28 06/30
06/28 06/30
TOTAL DUE VENDOR --------) 0.00
Suppl-Sr.Svcs FathersDay
38.03
TOTAL DUE VENDOR --------)
38.03
Filemaker-EconDvipmt
86.55
Pagnaker-EcDvipmt
429.60
TOTAL DUE VENDOR --------)
516.15
Ping Publications Order
32.45
TOTAL ONE VENDOR --------)
32.45
Electric Svcs-PwIGrom
28.50
Electric Svcs-Maplt Hill
209.31
Electric Svcs-PetrvPrk
91.01
Electric Svcs-Summtrdge
142.14
Electric Svcs-Sycr Cyn
269.66
TOTAL DUE VENDOR --------)
740.62
Electric Svcs -Dist 39
222.80
TOTAL DUE VENDOR -- ------ )
222.80
Electric Svcs -Dist 41
105.72
TOTAL ME VENDOR --------)
105.72
Elect Svcs -Traffic Contrl
3,155.95
TOTAL DIE VENDOR --------)
3,155.95
Electric Svcs -Dist 438
239.36
TOTAL DIE VENDOR --------)
239.36
�+
City of Diamond Bar }a{
RUN TIME: 12:4206/29/94
VOUCHER
REGISTER
PAGE 10
DUE THRU
.............07/05/94
VENDOR NAME
VENDOR ID.
f t PREPAID t f
ACCOLUNT
------------------------------------------------------------------------------------------------------------------------------------
PROJ.TX-ND BATCH PO.LINE/N0.
ENTRY/DUE
INVOICE
DESCRIPTION
AHOWT
DATE CHECK
Staples
Staples
001-4210-4220
83 40706A
06/28 06/30
50 Copies-GenPlantlseMap
80.11
06130/94 0000021576
TOTAL PREPAID AMO W ----)
80.11
TOTAL DUE VENDOR --------)
0.00
Subway
Subway
001-4210-4220
82 40706A
06/28 06/30
Mtg Supplies-GPAC 6/28,30
55.00
06/30/94 0000021580
TOTAL PREPAID AM(11NT ----)
55.00
TOTAL ME VENDOR --------)
0.00
Subway
Subway
001-4210-4220
85 40706A
06/28 06/30
Mtg Supplies -OPAL 6/23
27.50
06/30/94 0000021577
TOTAL PREPAID AMO1W ----)
27.50
TOTAL DUE VENDOR --------)
0.00
Subway
Subway
001-4210-4220
84 40706A
06/28 06/30
Mtg Supplies-OPAC 6/14,16
55.00
06/30/94 0000021575
TOTAL PREPAID AMDIMT ----)
55.00
TOTAL DIE VENDOR --------)
0.00
Thorpson, John
1206
001-3474
42 40706A
06/28 06/30
113833
Recreation Refund
45.00
TOTAL DUE VENDOR -------- )
45.00
Tierra Madre Consultants TierraMad
001-4210-4240
37 40706E 01/1844
06/29 06/30
10191
ProfSvcs-SthePteProj
6,524.50
TOTAL DUE VENDOR --------f
6,524.50
Ties Out Persa wl Svc. TissCA
001-4210-4000
56 407060
06/28 06/30
931351
Receptionist -Ping
449.33
001-4350-4100
18 407060
06/28 06/30
931351
MntSectry-PW Mtg 5/26
78.30
001-4210-4000
57 407060
06/28 06130
931373
Receptionist -Ping
92.61
TOTAL DUE VENDOR --------)
620.24
US Sprint
USSprint
001-4510-2125
15 40705E
06/29 06/30
Engr-Long Dist Svc
16.50
TOTAL DIE VENDOR -------->
16.50
+++
City of Dia■and Har +++
RUN TIIEI 12:42 06/29/94
V O U C H E R
R E G I S T E R
PAGE 11
DUE THR11.............07/05/94
VENDOR NAM
VENOM ID.
+ + PREPAID + f
ACCOUNT PROJ.TX-NO BATCH PO.LINE/RD.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/D1E INVOICE DESCRIPTION
AMOUNT
DATE CHECK
Uni Shippers Association UniShipper
115-4515-2120
2 40705E
06/29 06/30
Air Upress Svc -Ind Waste
48.90
TOTAL 111E VENDOR --------1
48.90
Walnut Vly Water Dist
WVWaterOis
001-4440-2126
5 40705E
06/29 06/30
Com Site -Elect -3/11-6/9
41.12
TOTAL DUE VENOM --------)
41.12
West Covina, City of
CityWesCov
115-4515-5500
11 40706C
06/28 06/30
SGVSIdWsteAgrent7/93-6/94
1,775.00
TOTAL RE VENDOR --------)
1,775.00
Western Waste
WestMaste
125-4215-1200
29 40706A
06/28 06130
EwSvcs-Semw teak -W tgPk
200.00
06/30/94 0000021579
TOTAL PREPAID AMOUNT ----)
200.00
TOTAL. RE VENDOR -------- )
0.00
Wright, Paul
WrightP
001-4090-4000
39 40705E
06/29 06/30
AV Svcs-CCMtg 6/13,6/21
240.00
TOTAL DUE VENDOR --------)
240.00
YMCA
YMCA
125-4215-2355
58 40705E
06/29 06/30
Childcare Pga-May
1,799.00
TOTAL DUE VES! --------)
1,799.00
YWCA
YWCA
125-4215-2355
57 40706D
06/28 06/30
ReiW)CDBOTeenPrgrJan/Mar
197.75
TOTAL DUE VENDOR --------)
197.75
TOTAL PREPAID -----------)
61,802.10
TOTAL DUE ---------------)
365,772.65
TOTAL REPORT ------------)
427,574.75
ff} Citof Dia�ond Bar t+f
RUN TIME: 12:42 06/29/94 V O y U C H E R R E G I S T E R PAGE 1
FUND SUMMARY REPORT
DUE THRU.............07/05/94
DISBim. G/L GJE MILL POST GJE HAS POSTED FUTURE TRANSACTIONS
FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVEL EXPENSE
------------------------------------------------------------------------------------------------------------------------------------
001 General Fwd
420,010.19 61,818.49
1,487.00 356,704.70
125 COBG Fwd
3,150.79
3,150.79
112 Prop A -Transit F
8.26
8.26
118 Air 9uality Iop
799.76
799.76
138 LLAD #38 Fund
1,439.86
1,439.86
250 C.I.P. Fund
13.47
13.47
139 LLAD t39 Fwd
222.80
222.80
141 LLAD #1 Fund
105.72
105.72
115 Int Waste Mgt F
1,823.90
1,823.90
TOTAL------------------------------------------------------------------------------------------------
ALL FLMDS 427,574.75 61,818.49 1,487.00 364,269.26
TOTAL DUE VENDOR --------) 435.17
Presiere Leasing Co. PrniareL!
001-4350-2140 2 507054 06/29 07/05 2418 Rent/PrtbleClsrs7/16-8/16 389.70
TOTAL ME VE)- --------> 389.70
Standard Insurance of Ore StandardIn
001-2110-1005 1 50705A 06/28 07/05 July Suppl Life Press' 18.00
TOTAL DUE VENDOR --------) 18.00
Standard Insurance of Ore StwA rdla)
001-2110-1005
eta
City of D i a a o n d 8 a r *a*
July Life Press
RUNTIME. 124506/29/94
VOUCHER
REG 1 ST ER
PAGE 2
TOTAL OLE VENDOR --------)
420.50
DUE THRU.............07/05/94
#910 erbol
VENDOR NAME
vow ID.
001-2300-1002
1 %7054
+ } PREPAID + #
ACCOLUT
--------------------------------
PROJ.TX-ffl BAT01 Ni„1 W/W.
--------------------------------------------------------------------------------------------------
ENTRy/D1E INVOICE
DESCRIPTION
ANOW DATE CHECK
ICNA Retirm t Trust -457 IDN
175.00
Western City Magazine
MesternCit
001-2110-1007
1 50705A
06/29 07/05
PP11/12 Pyrl Cantrib
350.00
001-4030-0074
1 507054
06/29 07/05
July Cafe Cantrib-CMgr
1,610.11
001-4030-0080
1 507054
06/29 07/05
CMgr Contract Contrib-Jul
400.00
001-4040-0070
1 30705A
06/29 07/05
July Cafe Contrib-CClk
486.23
001-4054-0070
1 50705A
06/29 07/05
July Cafe Cantrib-Finance
179.10
001-4210-0079
1 50705A
06/29 07/05
July Cafe Contrib-Ping
587.97
001-4310-0070
1 50705A
06/29 07/05
July Cafe Contrib-PM
329.43
001-4350-0070
1 50705A
06/29 07/05
July Cafe Contrib-CommSw
258.19
001-4510-0070
1 507MA
06/29 07/05
July Cafe Contrib-Engr
1,010.82
TOTAL DILE VENDOR -------->
5,211.85
John Alden G.T.
JohnAlden
001-4010-0090
1 50705A
06/28 07/05
JulyInsPrems -Miller
470.00
TOTAL DUE VENDOR --------)
470.00
Pitney Bmm Credit Corp. PBCC
001-4090-2130
1 507054
06/28 07/05 1444744
RentFldr/Stuffr7/10-8/10
99.59
001-4090-2130
2 50705A
06/28 07/05 1444744
RentPostMxh7/10-10/10
335.58
TOTAL DUE VENDOR --------) 435.17
Presiere Leasing Co. PrniareL!
001-4350-2140 2 507054 06/29 07/05 2418 Rent/PrtbleClsrs7/16-8/16 389.70
TOTAL ME VE)- --------> 389.70
Standard Insurance of Ore StandardIn
001-2110-1005 1 50705A 06/28 07/05 July Suppl Life Press' 18.00
TOTAL DUE VENDOR --------) 18.00
Standard Insurance of Ore StwA rdla)
001-2110-1005
2 50 � 4-'"
06/28 07/05
July Life Press
420.50
TOTAL OLE VENDOR --------)
420.50
Weathemalt, Judy
#910 erbol
001-2300-1002
1 %7054
(6/28 07/05
Refund-Depost HrtgCmCtr
175.00
TOTAL DUE VENDOR -------->
175.00
Western City Magazine
MesternCit
001-4210-2320
1 50705A
06/29 07/05
Subscription-Flaeenbaw
30.00
001-4210-2320
2 50705A
06/29 07/05
Subscription -Fang
30.00
001-4210-2320
3 50705A
06/29 07/05
Subscription -Plunk
30.00
001-4210-2320
4 507054
06/29 07/03
Subscription -Schad
30.00
TOTAL DIE VENDOR --------) 120.00
f++ City of Diamond Bar ftf
RUN TIME: 124506/29/94 VOUCHER REGISTER PAGE I
DUE THRU.............07/05/94
VENDOR NAME VENDOR ID. f f PREPAID • t
ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND. ENTRY/D1E INVOICE DESCRIPTION AMQW DATE CHECK
---------------------=--------------------------------------------------------------------------------------------------------------
American Storage LTD Amer5tarog
001-4090-2140 1 50705A
Brandman Assoc., Michael Brandman
001-2300-1010 3 50705A
001-2300-1011 3 50705A
CALEB CALED
001-4090-2315 1 50705A
Cadillac Blue CadBlue
001-4350-5305 3 50705A 01/1878
Computer Applied Systems CAS
001-4050-4030 1 50705A
Diamond Bar Business Asa DBBusAssoc
001-4090-2210 1 50705A
Diamond Bar Business Asa DBBusAssoc
001-4090-2140 2 50705A
001-4090-2210 2 50705A
Federal Reserve Bank FedMam
001-2110-1009 5 50705A
Franchise Tax Board FranchiseT
001-2110-1009 1 50705A
001-2110-1009 2 50705A
06/28 07/05
July Rent 2 Units 92,1120
153.00
TOTAL DUE VENDOR --------1
153.00
06/28 07/05 05940423
Prof Svcs-FPL93-10
1,016.15
06/28 07/05 05940424
Prof Svcs-FER92-03
4,776.74
TOTAL DUE VENDOR --------)
5,792.89
061307/05
Nmbrshp-DeStefano-FY94-95
300.00
TOTAL DUE VENDOR --------)
300.00
06/29 07/05
Band-ConInPrk 7/6
600.00
TOTAL DUE VENDOR --------)
600.00
06/28 07/05
July Computer Maint
832.00
TOTAL DUE VENDOR --------)
832.00
06/28 07/05
July Common Area Maint
812.00
TOTAL ME VElM --------)
812.00
06128 07/05
JulyRent-Ste190
5,707.80
06/307/05
JulyCommAred%int-Ste190
702.00
TOTAL DUE VENDOR --------)
6,409.80
06/28 07/05
Savings Bonds-PP11/12
150.00
TOTAL DUE VENDOR --------)
150.00
06/28 07/05
MithHoldOrder-351369088
109.40
06/28 07/05
UnderPymnt Adj-Chk21427
0.66
TOTAL DUE VENDOR --------)
110.06
}f} City of Diamond Bar t+tt
RUN TIME: 12:45 06/29/94 V O U C H E R R E G I S T E R
FUND SUMMARY REPORT
DUE TIN.............07/05/94
DISIUME GA. a& WILL POST GJE HAS POSTED
FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE
-----------------------------------------------------------------------------------------=-----------------
FUTURE TRANSACTIONS
REVENUE EXPENSE
----------------------
001 General Fund 22,399.97 7,016.45 15,383.52
TOTAL------------------------------------------------------------------------------------------------
ALL FLM)S 22,399.97 7,016.45 15,383.52
ttt City of D i a a o n d Bar ttt
RUN TILE, 12,45 06/29/94 V D U C H E R R E G I S T E R PAGE
DUE THM.............07/05/94
VENDOR NAME Voigt IO. t t PREPAID t t
ACCOtW PFGJ.TX-W VATOt 0"j"• ENTRY/BlE INVOICE DESCRIPTION ANOIBIT DATE CHECK
---------------------------------------------------------------------------------------------------------------------------------
TOTAL PREPAID -----------> 0.00
TOTAL DIE ---------------> 22,399.97
TOTAL REPORT ------------> 22,399.97
9
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. % 3
TO: Honorable Mayor and City Council
MEETING DATE: July 5, 19941 REPORT DATE: June 27, 1994
FROM: Linda G. Magnuson Accounting Manager
TITLE:
Treasurer's Report - May 30, 1994
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of May 1994.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report
Resolution(s)
Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Spec. (on file in City Clerk's Office)
_ Other
1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belange Frank M. Usher- Linda G. Ma n son
City Manager Assistant City Manager Accounting Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: July 5, 1994
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - May 30, 1994
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the May, 1994 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's. Statement
for the month of May 1994. This statement shows the cash balances for
the various funds, with a breakdown of bank account balances and
investment account balances.
PREPARED BY:
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
May 31, 1994
GENERAL FUND
$6,130,042.72
$766,444.72
$624,394.31
($44,880.35)
$6,227,212.78
TRAFFIC SAFETY FUND
10,645.55
8,033.66
18,679.21
GAS TAX FUND
2,488,417.25
69,976.56
2,413.63
(74,280.69)
2,481,699.49
TRANSIT TX (PROP A) FD
867,810.59
28,356.80
3,229.77
892,937.62
TRANSIT TX (PROP C) FD
1,299,421.35
67,986.00
(1,000.00)
1,366,407.35
INTEGRATED WASTE MGT FD
39,301.01
6,715.90
4,969.69
41,047.22
AIR QUALITY IMPRVMNT FD
46,474.64
1,070.08
45,404.56
PARK FEES FUND
277,176.85
420.00
(3,839.65)
272,917.20
S PARKS GRANT (PRP A) FD
(12,443.50)
420.00
(19,991.48)
(32,014.98)
COM DEV BLOCK GRANT FD
(10,578.82)
3,914.22
(3,219.19)
(17,712.23)
LANDSCAPE DIST #38 FD
279,644.71
25,260.24
7,257.00
(3,966.56)
293,681.39
LANDSCAPE DIST 939 FD
64,666.31
8,085.04
11,807.91
60,943.44
LANDSCAPE DIST #41 FD
155,290.36
14,028.73
14,543.11
154,775.98
GRAND AV CONST FUND
419,379.61
1,101.09
418,278.52
TRAFFIC MITIGATION FEE FD
(52,744.99)
947.90
52,744.99
(947.90)
CAP IMPROVEMENT PRJ FD
21,091.40
20,000.00
16,051.22
98,432.93
123,473.11
SB 821 FUND
141,022.61
14,967.00
155,989.61
SELF INSURANCE FUND
385,621.32
1,254.50
384,366.82
TOTALS
$12,550,236.97
1,030,274.65
$693,374.43
($0.00)
$12,887,139.19
SUMMARY OF CASH•
DEMAND DEPOSITS:
INVESTMENTS:
GENERAL ACCOUNT $331,809.07
PAYROLL ACCOUNT 1,403.89
CHANGE FUND 175.00
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
COMMERCIAL PAPER
L.A.I.F.
TOTAL INVESTMENTS
$0.00
0.00
12,553,251.23
$333,887.96
12,553,251.23
TOTAL CASH $12,887,139.19
CITY OF DIAMOND BAR
AGENDA REPORT
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 5, 1994
FROM: George A. Wentz, Interim City Engineer
AGENDA NO.: 2-1
REPORT DATE: June 9, 1994
TITLE: Release of Grading Cash Bond Posted for 2476 Indian Creek Road in the
"Country" in Diamond Bar.
ice_i llw
The City of Diamond Bar desires to release the cash bond posted for grading
located at 2476 Indian Creek Road in the amount of $13,383.00.
RECOMMENDATION:
It is recommended that the City Council approve and accept the completed work
and release the cash bond which was posted with the City of Diamond Bar in
July, 1992 for a single family residence grading at 2476 Indian Creek Road in
the amount of $13,383.00, and is now in the posession of the City Clerk.
Further, it is recommended that the City Council instruct the City Clerk to
notify Dr. Kim and Bank of America (previously Security Pacific National
Bank) of the City Council's action.
LIST OF ATTACHMENTS:x Staff Report
— Resolution(s)
_ Ordinance(s)
— Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
— Public Hearing Notification
Bid Specification (on file
in City Clerk's Office)
X Other: Final Engineering
Certificate and Cert. of
Deposit
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission? Yes
Which Commission? —
5. Are other departments affected by the report? Yes
Report discussed with the following affected departments:
REVIEWED BY:
N/A
N/A
x No
N/A
x No
N/A
Terrence L. Bel ger Frank U her eorge . Wentz
City Manager Assistant City Manager 'Interim City Engineer
CITY COUNCIL REPORT
MEETING DATE: July 5, 1994 AGENDA NO.
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Release of Grading Cash Bond Posted for 2476 Indian Creek Road
ISSUE STATEMENT:
This report requests the release of a Cash Bond posted for grading located at
2476 Indian Creek Road in Diamond Bar.
RECOMMENDATION:
It is recommended that the City Council approve and accept the completed work
and release the Cash Bond which was posted with the City of Diamond Bar in
July 1992 for a single family residence grading at 2476 Indian Creek Road in
the amount of $13,383.00, and is now in the posession of the City Clerk.
Further, it is recommended that the City Council instruct the City Clerk to
notify Dr. Kim and Bank of America (previously Security Pacific Bank) of the
Councils action.
FINANCIAL SUMMARY:
This recommendation has no financial impact on the City's 1994-1995 budget.
BACKGROUND:
The grading on this 1.1 acre lot was for an 8,500 square foot single family
residence. The lot was inspected and final grade was approved on June 29,
1994 by the Cityfs Consultant, Mr. Mike Myers of Charles Abbott and
Associates. Therefore, we now recommend that the bond which was posted with
the City of Diamond Bar be released.
DISCUSSION:
The following listed cash bond needs to be released:
Address: 2476 Indian Creek Road
Owner: Dr. Jong Kim
Tract No.: 23483
Cert. of Deposit No.: 143204
Principal: Bank of America (previously Security Pacific Bank)
Amount: 111.383
PREPARED BY:
Anne M. Garvey
CASH DEPOSIT IN LIEU OF GRADING BOND
(FAITHFUL PERFORMANCE, LABOR i MATERIAL)
ACKNOWLEDGEMENT AND CONSENT OF
FINANCIAL INSTITUTION
SECURITY PACIFIC BANK
(hereinafter "Financial Institution") hereby acknowledges
that_DRJONG G KIM (hereinafter ""Depositor") has deposited
With Financial Institution the sum of $� 3 38 3
Financial Institution acknowledges and agrees that the foregoing
deposit stands in the name of the City of Diamond Bar, a California
municipal corporation (hereinafter the "City"), and that the City is the
owner of such account. No funds shall be withdrawn from said account
without the express, written consent of the City; provided, however,
that any interest earned on the deposit shall belong to the Depositor.
Financial Institution further acknowledges and agrees that upon
written instructions from the City, Financial Institution shall
immediately pay to the City such amount (not exceeding, in the
aggregate, the sum specified above) as may be requested by City.
Financial Institution further acknowledges and agrees that such funds
shall be paid to the City notwithstanding any contrary instructions that
may have been given by the Depositor.
Financial Institution represents to City and warrants that the
entire amount of the principle on deposit as provided herein is insured
through the Federal Deposit Insurance Corporation (FDIC) or the Federal
Savings and Loan Insurance Corporation (FSLIC).
WHEREFORE, this acknowledgement and consent is executed this day
of JuIY 31 19 92
FINANCIAL I STITUTION:
P. S.
( C.0 ROLLOVER EVERY 90 DAYS)
By: Ivia on AVP
NOT SUBJECT TO CHECK SECURITY PACIFIC NATIONAL BANK
A .211FP OFFICE 143204
July 31,1992
0 THIS CERTIFIES THAT ORION.� G K IM TB
D
DEPOSITED IN THIS BANK - ThIrtPPn thOUSand threehundred eighty eD
thre * * } # }
DLHAVE/MAS
LARS 713.383.00
e PRINCIPAL PAYABLE TO rTTY OF DIAMOND BAR.* * * * * * * * * * * * * * * * * * * } * * #
F�OR
UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE. PROPERLY ENDORSED, AT THE OFFlCE OF ISSUE. THIS DEPOSIT
BEARS INTEREST AT THE RATE OF 5.50 % PER ANNUM IF LEFT UPON DE
POSR UNTIL MATURITY. INTEREST PAYABLE TO DEPOSITOR.
SUBJECT TO THE BANK'S RIGHT TO CHANGE THEINTEREST RATE UPON WRITTEN NOTICE TO DEPOSITOR.
Lj THE MATURITY OF THIS CERTIFICATE Is 90 daVS
� FROM GATE AND IT WILL BE AUTOMA ALLY RENEWED FOR SIMILAR
PERIODS UNLESS WITHIN I71 SEVEN DAYS AFTER A MATURITY DATE THE OWNER PRESENTS IT FOR REDEMPTIOK .Y NOT 9E WITHDRAWN PRIOR
TO MATURITY UNLESS SUBSTANTIAL INTEREST IS FORFEITED.
AUTOMIIMALLT [[Ml WAlLE UPON THE
PA. AFTER MATVRITY
OOHOITId7
,TAI[e H[Ill ala HO iHl[Rl7T
• . .� —C-.— c
21660 E. COPLEY DRIVE, SUITE 190
DIAMOND BAR, CA 91765-4177
(909) 396-5671
, SUPERVISED GRADING INSPECTION CERTIFICATE
TOB ADDRESS/LOT AND TRACT NO. Z47& locb'a a l,rPe-1c_ &J PERMIT NO.
W-NER hr. r,x CONTRACTOR
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
lc'fy that the earth fills placed on the following lot(s) were installed upon competent and properly prepared base material and
cqm acted in compliance with requirements of Building Code Section 7010. I further certify that where the report or reports
ore ngineering geologist, relative to this site, have recommended the installation of buttresses, fills or other similar stabilization
m=easures, such earthwork construction has been completed in accordance with the approved design.
LOT-NO.(S)
Sedreport dated for compaction test data, recommended allowable soil bearing values and
other recommendations.
EXPANSIVE SOILS (YES) (NO) LOT NO.(S)
BUTTRESS FILLS (YES) (NO) LOT NO.(S)
ENGINEER REG. NO. DATE
Signature (and wet -stamp)
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
I certify to the satisfactory completion of rough grading including: grading to approximate final elevations, property lines located
and staked; cut and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded
ready for pav_-ing, berms installed; and required drainage slopes provided on the building pads. I further certify that where report
or reports of an engineering geologist andl.Qr soils engineer have been prepared relative to this site, the recommendations
contained in soils reports have been followed in the execution of the work.
LOT NO. (S)
REMARKS
ENGINEER,REG. NO. DATE
Signature (and wet -stamp)
SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION
I certify to the satisfactory completion of grading in accordance with the approved plans. All required drainage, devices have
been installed; slope planting established and. irrigation systems provided (where required); and adequate provisions have been
made for drainage of surfs from each building site. The recommendations of the soils engineer and engineering
jeologist (if such perso Ro NN have been incorporated in the work.
LOT NO.(S) , � .. @c, Z -t" 7 % If I ra r-+
. N0. QCF f 2 0 S 3 GATE -s-z? -p f
GRADING CER7IFICA7701V'N''IE SOILS ENGINEER AND GRADING ENGINEER IS REQUIRED FOR ROUGH GRADE
INSPEC77ON AND RELEASE TO BUILDING DEPARTMENT FOR STRUCTURAL PERMITS.
FINAL GRADING CER77FICA77ON BY THE GRADING ENGINEER IS REQUIRED BEFORE FINAL GRADE INSPECTION
AND RELEASE TO BUILDING DEPARTMENT FOR OCCUPANCY OF S7RUCTURE.
May 2, 1994
City of Diamond Bar
21660 East Copley Drive
Diamond Bar, CA
Re: Final Grade Certification for 2476 Indian.>Creek- Road -_v
on behalf -:`of JNR Development Design I hereby state that I am an
-official. representative of the firm and that -as of May 2,.1994
the fiinal grading has. been completed, under my supervision, and
'is insubstantial. conformance with 'the approved grading plan
filed with the city, except as otherwise revised in an acceptable
manor and with accordance with all applicable City of Diamond Bar-
grading standards, and conditions of 'approval concerning grading:
In my opinion; adequate provisions have been made for the
drainage of surface waters from the building site.
JNR Development Design
Gerald E. Ronnebeck
QRO�E3G/(�.
Principal Engineer
R.C.E. 42853 -Exp. 3-31-96 t3o,42853
Exp.3 I -W
Date
450 East Seventh Street, No'. 24, Upland, CA, 91786, 909-920-3221
CITY OF DIAMOND BAR
AGENDA REPORT AGENDANO. '7 S
TO: Honorable Mayor and Members of the City Council
MEETING DATE: July 5, 1994 REPORT DATE: June 2?, 1994
FROM: Troy L. Butzlaff, Assistant to the City Manager
TITLE: An Agreement with the Human Services Consortium of the East San Gabriel
Valley Relating to the Effective Utilization of Federal Funds Pursuant to the
Jobs Training Partnership Act of 1982.
SUMMARY: In 1982, Congress enacted the Job Training Partnership Act (JTPA) which
established a federally -funded job training and placement program for qualifying individuals. For the
past several years, the Human Services Consortium of the East San Gabriel Valley (Consortium), has
administered these funds and has been responsible for providing job training and placement services
to eligible residents of our community. Growing concern over the lack of coordination and
communication between the Consortium and the cities of Claremont, Diamond Bar, La Verne, San
Dimas, and Walnut has resulted in a request to establish a Liaison Committee with the Consortium.
RECOMMENDATION: It is recommended that the City Council authorize the Mayor to execute an
agreement between the East San Gabriel Valley Consortium and the City of Diamond Bar for the
purpose of establishing a Liaison Committee to ensure effective utilization of Federal Job Training
Partnership funds. It is further recommended that the City Council appoint a representative to this
Committee.
LIST OF ATTACHMENTS: _SStaff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification
_ Ordinances(s)
X Agreement(s)
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed ZC Yes No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? MAJORITY
3. Has environmental impact been assessed? N/A Yes _ No
4. Has the report been reviewed by a Commission? Yes No
Which Commission?
5. Are other departments affected by the report? —Yes X No
Report discussed with the following affected departments:
REVIEWED BY.
Terrence L. Belanger —%� Frank M. Usher
City Manager Assistant City Manager
r•
1
-Troy L. utzlaff
Assistant to the City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: July 5, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Agreement with the Human Services Consortium of the East San
Gabriel Valley
ISSUE STATEMENT:
In 1982, Congress enacted the Job Training Partnership Act (JTPA) which
established a federally -funded job training and placement program for
qualifying individuals. For the past several years, the Human Services
Consortium of the East San Gabriel Valley (Consortium), has administered
these funds and has been responsible for providing job training and placement
services to eligible residents of our community. Growing concern over the
lack of coordination and communication between the Consortium and the cities
of Claremont, Diamond Bar, La Verne, San Dimas, and Walnut has resulted in a
request to establish a Liaison Committee with the Consortium.
RECON1MENDATION :
It is recommended that the City Council authorize the Mayor to execute an
agreement between the East San Gabriel Valley Consortium and the City of
Diamond Bar for the purpose of establishing a Liaison Committee to ensure
effective utilization of Federal Job Training Partnership funds. It is
further recommended that the City Council appoint a representative to this
Committee.
FINANCIAL SUMMARY:
There are no known financial impacts to the City. The City's JTPA formula
allocation for Fiscal Year 1993-94 was $204,385 for all six program
categories.
BACKGROUND:
The Consortium is a Joint Powers Agency established in 1975 by the cities of
Azusa, Covina, Glendora, and West Covina. For the past several years, the
Consortium has provided job training and placement services to residents of
several San Gabriel and Pomona Valley cities.
The Consortium is one of six JTPA "Prime Agents" within Los Angeles County
that has been established to foster local accountability and control over
JTPA services. The Consortium acts as the primary JTPA point of contact for
residents within its ten -city service area. Under DTPA, the Consortium is
responsible for providing job training and employment services to qualified
residents of the four JPA signatory cities, the unincorporated areas of the
County, and the cities of La Puente, La Verne, San Dimas, Claremont, Walnut,
and Diamond Bar. In addition to those services provided under DTPA, the
Consortium also provides a variety of other services including graffiti
removal, home weatherization and improvement, transportation, and energy
conservation programs.
DISCUSSION:
The County of Los Angeles Private Industry Council (PIC) is the designated
recipient for federal funds under the Job Training Partnership Act for the
unincorporated areas of the County and each of the Prime Agents. The County
has the responsibility to monitor and oversee the expenditure of federal
funds for each of the Prime Agents.
Each year, the PIC provides JTPA funds to each Prime Agent using a formula
allocation based upon the population of the service area, the gross and
excess level of unemployment, and the number of disadvantage individuals.
Each Prime Agent is responsible for utilizing these funds to directly provide
programs and services within their service area or to retain contractors to
provide these services. If funds are not being properly spent - which
includes factors such as compliance with the law, equitable services, quality
of programs, and accountability of funds - the PIC is obligated to take
corrective action to remedy the situation.
Last year, during DTPA contract negotiations with the Consortium, the County
Private Industry Council challenged the Consortium's legal structure by
questioning the lack of representation that the six non -JPA signatory cities
had on the Consortium's Board of Directors. The PIC threatened to withhold
the Consortium's JTPA funding allocation unless they amended their Joint
Powers Agreement to include representation from each city serviced by the
Consortium. The Consortium resisted the County's interference in their
affairs and appealed to the County Board of Supervisors to intervene. The
Board of Supervisors declined to take sides on this issue and agreed to defer
this matter to the wishes of the affected cities.
Staff from the cities of Claremont, La Verne, San Dimas, Walnut, and Diamond
Bar has held several meetings with representatives from the PIC and
Consortium to determine ways to provide for better representation and to
improve communications with the non-member cities of the Consortium. After
months of discussion, the five cities and the Consortium have reached an
agreement which will improve communications and accountability with the
Consortium. The key features of this agreement include:
• Quarterly meetings between the Consortium and representatives from each
of the five cities;
• Quarterly reports identifying the names, addresses and ages of program
participants;
• Quarterly reports identifying the names and addresses of each worksite
or training agency where participants are placed;
• Annual reports summarizing the number of clients, funding allocations
and actual JTPA expenditures by city; and
• A copy of the Consortium's annual budget and associated financial
audit.
City staff is confident that this agreement will improve relations with the
Consortium and ensure that federal JTPA funds are more effectively utilized.
This will benefit our community by providing job training and employment
services to eligible residents. Staff recommends approval of this agreement.
PREPARED BY:
Troy L:9utzlaff
Assistant to the City Mana�er
CITY OF DIAMOND BAR
AGENDA REPORT
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 5, 1994
FROM: George A. Wentz, Interim City Engineer
TITLE: The 1994-95 Slurry Sea] Improvement Program - Area Five
AGENDA NO. —%,
REPORT DATE: June 30, 1994
SUMMARY: The City of Diamond Bar is divided into seven areas for road maintenance programming
purposes. This year's program includes patching and slurring of streets in Area 5. Specifications for the
subject project are complete.
RECOMMENDATION: That City Council adopt Resolution 94 -XX approving the specifications of the 1994-
95 Slurry Seal Project and authorize the City Clerk to advertise the project for bids.
LIST OF ATTACHMENTS: -X Staff Report Public Hearing Notification
X Resolution(s) X Bid Specifications (on file in City Clerk's office)
Ordinances(s) _ Other:
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
errence L. Bel ng r Firank M: Usher ` i rLtieorge A. wenzz
City Manager Assistant City anager Interim City Engineer
C:\WP60\LINDAKAY\AOF14D-9\sluny5.705
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: July 5, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: The 1994-95 Slurry Seal Improvement Program - Area Five
ISSUE STATEMENT:
The project area for the 1994-95 Slurry Seal Program has been identified as Area Five. This report requests
the City Council's approval and authorization to advertise the project for bids.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution 94 -XX to approve the specifications of the 1994-95
Slurry Seal Project and authorize the City Clerk to advertise the project for bids.
FINANCIAL SUMMARY:
The anticipated cost for Area 5 is $176,000.00 and is part of the City's approved Capital Improvement
Program.
BACKGROUND:
The City of Diamond Bar has been divided into seven areas. Therefore, this provides a seven-year cycle as
a basis for a road slurry maintenance program.
DISCUSSION:
In Fiscal Year 1993-94, Area Four was slurried and substantially completed on December 14, 1993. The goal
this year is to complete the slurry program by the Fall to take advantage of warmer weather. A map of Area
5 is attached.
Specifications for the City of Diamond Bar's 1994-95 Slurry Seal Project have been prepared. The work to
be performed under the specifications consists of the slurry sealing of the existing road pavement and
reestablishing appropriate pavement markings. The project area includes approximately 14 miles of streets.
1994-95 Slurry Seal Program
June 30, 1994
Page Two
Key aspects of requirements placed upon the contractor include:
• Plan and schedule to be submitted at least ten (10) days before beginning work.
• Traffic control plans.
• Notification to residents 10 days and 48 hours prior to when work is to be performed at their location.
• Notification to other agencies.
• Completion of all work within 30 working days.
• Liquidated damages of $250/day for non-performance.
All customary insurance and bonds have been included. The contract and bid documents have been prepared
in cooperation with the City Attorney.
Staff has prepared a tentative schedule for the various project activities. They are as follows:
Specifications to City Council for approval and
and authorize City Clerk to advertise for bids July 5, 1994
Bid Opening July 26, 1994
Award of Contract August 16, 1994
Notice to Proceed August 22, 1994
Start of Construction August 22, 1994
Completion of Construction October 3, 1994
Prepared By:
David G Liu
C:\wp60\LMAKAY\CCR-94\slurry5.705
CITY OF
DIAMOND BAR
SLURRY SEAL PROJECT - AREA 5
TOTAL LENGTH: 14.0 MILES
PRIME CONTRACTOR LICENSE REQUIRED: A OR C12 OR C32
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RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL,
AREA 5 IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
B. Recitals
(i) WHEREAS, it is the intention of the City of Diamond
Bar to construct certain improvements in the City.
(ii) WHEREAS, the City has prepared plans and
specifications for the construction of certain improvements.
B. Resolution
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented by the City be and are hereby approved as
the plans and specifications for:
The 1994-95 Slurry Seal Program for Area Five
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise as required by law for the
receipt of sealed bids or proposals for doing of the work specified
in the aforesaid plans and specifications, which said advertisement
shall be inform and content as approved by the City Attorney and a
copy of this Resolution shall be contained in each specification
package for the work:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City
of Diamond Bar, directing this notice, NOTICE IS HEREBY GIVEN that
the said City of Diamond Bar will receive at the office of the City
Clerk in the City Hall of the City of Diamond Bar, on or before the
hour of 10:00 o'clock A.M. on the 26th day of July, 1994, sealed
bids or proposals for:
The 1994-95 Slurry Seal Program for Area Five
Bids will be opened and publicly read immediately
thereafter.
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar clearly marked:
"Bid: City of Diamond Bar 1994-95 Slurry Seal Program, to be
opened at 10:00 a.m. on July 26, 1994"
PREVAILING WAGE: Notice is hereby given that in
accordance with the provisions of California Labor Code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public
work is performed, and not less than the general prevailing rate of
per diem wages for work of a similar character in the locality in
which the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work.
In that regard, the Director of the Department of Industrial
Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies
of such prevailing rates of per diem wages are on file in the
Office of the City Clerk, 21660 E. Copley Drive, Suite 100, Diamond
Bar, California, and are available to any interested party on
request. The Agency also shall cause a copy of such determinations
to be posted at the job site.
Pursuant to Labor Code § 1775, the Contractor shall
forfeit, as penalty to the City, not more than fifty dollars
($50.00) for each laborer, workman, or mechanic employed for each
calendar day or portion thereof, if such laborer, workmen, or
mechanic is paid less than the general prevailing rate of wages
hereinbefore stipulated for any work done under the attached
contract, by him or by any subcontractor under him, in violation of
the provisions of said Labor Code.
In accordance with the provisions of § 1777.5 of the
Labor Code, as amended, and in accordance with the regulations of
the California Apprenticeship Council, properly indentured
apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in § § 177.5 and
1777.6 of the Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him.
§ 1777.51 as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable
occupation to apply to the joint apprenticeship committee nearest
the site of the public works project and which administers
apprenticeship program in that trade for a certificate of approval.
The certificate will also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract.
The ratio of apprentices to journeymen in such cases shall not be
less than one to five except:
A. When employment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
B. When the number of apprentices in training in the
area exceeds a ratio of one to five, or
C• When the trade can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
D. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other Contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of § § 1777.5 and 1777.6 in the employment of
apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed in the execution of this contract and
the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do
with working hours as set forth in Division 2, Part 7, Chapter 1,
Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City,
twenty-five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore
mentioned, for each calendar day during which said laborer,
workmen, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to
each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance
with Labor Code § 1773.8.
The bidder must submit with his proposal cash, cashier's
check, certified check, or bidder's bond, payable to the City for
an amount equal to at least ten percent (10%) of the amount of said
bid as a guarantee that the bidder will enter into the proposed
contract if the same is awarded to him, and in event of failure to
enter into such contract said cash, cashier's check, certified
check, or bond shall become the property of the City.
If the City awards the contract to the next lowest
bidder, the amount of the lowest bidder's security shall be applied
by the City to the difference between the low bid and the second
lowest bid, and the surplus, if any, shall be returned to the
lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be one hundred
percent (1o0$) of the contract price thereof, and an additional
bond in an amount equal to one hundred percent (100%) of the
contract price for said work shall be given to secure the payment
of claims for any materials or supplies furnished for the
performance of the work contracted to be done by the Contractor,
will also be required to furnish a certificate that he carries
compensation insurance covering his employees upon work to be done
under contract which may be entered into between him and the said
City for the construction of said work.
No proposal will be considered from a Contractor who is
not licensed as a Class A and/or C-12 and/or C-32 contractor at
time of bid in accordance with the provisions of the Contractor's
License Law (California Business and Professions Code, Section
7000, et seq.) and rules and regulations adopted pursuant thereto
or to whom a proposal form has not been issued by the City.
The work is to be done in accordance with the profiles,
plans, and specifications of the City of Diamond Bar on file in the
office of the City Clerk. Copies of the plans and specifications
will be furnished upon application to the City and payment of
$20.00, said $20.00 is non-refundable.
Upon written request by the bidder, copies of the plans
and specifications will be mailed when said request is accompanied
by payment stipulated above, together with an additional
nonreimbursable payment of $10.00 to cover the cost of mailing
charges and overhead.
The successful bidder will be required to enter into a
contract satisfactory to the City.
In accordance with the requirements of Section 9-3.2 of
the General Provisions, as set forth in the Plans and
Specifications regarding the work contracted to be done by the
Contractor, the Contractor may, upon the Contractor's request and
at the Contractor's sole cost and expense, substitute authorized
securities in lieu of monies withheld (performance retention).
The City of Diamond Bar reserves the right to reject any
and all bids. No bidder may withdraw a bid for a period of sixty
(60) days after the date of the bid opening.
By order of the City Council of the City of Diamond Bar.
Dated this day of 1994.
1994. PASSED, APPROVED AND ADOPTED day of
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, approved
and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of
following Roll Call vote: , 1994, by the
AYES:
COUNCILMEMBERS -
NOES:
COUNCILMEMBERS -
ABSENT:
COUNCILMEMBERS -
ABSTAINED:
COUNCILMEMBERS -
LYNDA BURGESS, City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
THE 1994-95
SLURRY SEAL
IMPROVEMENT PROGRAM - AREA FIVE
CITY OF DIAMOND BAR
Gary H. Werner, Mayor
Clair W. Harmony, Mayor Pro -Tem oQROFESSIp�ygl
Eileen R. Ansari, Councilmember �Q�c �vNG•Y/p9 �y
Phyllis E. Papen, Councilmember p 2
Gary G. Miller, Councilmember
Terrence L. Belanger, City Manager IW
NO.39087
�C Exp. X17 7*
JI QVit
OF Ei
CITY OF DIAMOND BAR
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
THE 1994-95
SLURRY SEAL
IMPROVEMENT PROGRAM - AREA FIVE
The City Clerk of the City of Diamond Bar, California will
receive at her office in the City Hall, in said City, until
10:00 a.m. on July 26, 1994, sealed proposals for the
performance of the above described services.
TABLE OF CONTENTS
ITEMS
PAGES
NOTICE INVITING SEALED BIDS ............................... 1
- 2
INFORMATION FOR BIDDERS
................................... 3
- 8
PROPOSAL FORM
............................................. 9
- 10
SCHEDULE OF PRICES
........................................11
- 13
LIST OF SUBCONTRACTORS
....................................
14
- CONTRACTOR INDUSTRIAL SAFETY RECORD .......................
15
AFFIDAVIT FOR CO -PARTNERSHIP FIRM
.........................
16
AFFIDAVIT FOR CORPORATION BIDDER ..........................
17
AFFIDAVIT FOR INDIVIDUAL BIDDER ...........................
18
AFFIDAVIT FOR JOINT VENTURE
...............................
19
- FAITHFUL PERFORMANCE BOND
.................................
20
LABOR AND MATERIAL BOND
...................................
21
BIDDER'S BOND .............................................
22
CERTIFICATE OF NON-DISCRIMINATION
AND AFFIRMATIVE ACTION
....................................
23
CERTIFICATE WITH REGARD TO THE PERFORMANCE
- OF PREVIOUS CONTRACTS AND SUBCONTRACTS
....................
24
NON -COLLUSION AFFIDAVIT
...................................
25
GENERAL PROVISIONS
........................................26
- 30
SPECIAL PROVISIONS FOR SLURRY SEAL PROGRAM................31 -
50
STREET LISTING............................................51
- 54
PLANS.....................................................55
_
- 58
TYPICAL SECTION
...........................................
59
TYPICAL PAVEMENT MARKINGS
.................................60
- 61
\spec\286064.spc
CITY OF DIAMOND BAR
NOTICE INVITING SEALED BIDS
FOR
SLURRY SEAL
AREA FIVE
RECEIPT OF PROPOSALS: Sealed proposals will be received at the
office of the City Clerk, City Hall, Diamond Bar, California, until
10:00 a.m. on July 26, 1994 for the furnishing of all labor and
materials and equipment for the application of slurry seal to
existing pavement and other incidental and appurtenant work. The
words "Bid: City of Diamond Bar 1994-95 Slurry Seal Program, City
of Diamond Bar to be opened at 10:00 a.m. on July 26, 1994" shall
appear on the envelope of each sealed bid and each sealed envelope
shall be addressed to the City Clerk, City Hall, Diamond Bar,
California 91765. The proposals will be publicly opened and read
-- in the City Hall, Diamond Bar, California, at 10:00 a.m. on July
26, 1994.
DESCRIPTION OF WORK: The work to be performed or executed under
these specifications consists of and includes the slurry sealing of
the existing pavement (2141 Extra Long Tons) and other incidental
and appurtenant work necessary for the proper construction of the
- contemplated improvement, as indicated on the attached drawings.
COMPLETION OF WORK: All work shall be completed within thirty (30)
working days after the Notice to Proceed is issued by the City.
ENGINEER'S ESTIMATE: The 1994-95 Slurry Seal Program for Area Five
_ is estimated to cost $173,065.00, all in accordance with the
provisions of the Plans, Specifications, Notices and Instructions
to Bidders.
-_ OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all
contract document may be obtained at the office of the City Clerk,
City Hall, Diamond Bar, California 91765, upon payment of a non-
refundable fee of $20.00. There is a charge of $30.00 for each set
of plans and specifications that are requested to be mailed.
\spec\286064.spc
PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or
by a cashier's or certified check or by a bid bond in the amount of
- ten percent (10%) of the bid price payable to the City of Diamond
Bar as a guarantee that the bidder, if his proposal is accepted,
will promptly execute the contract, secure payment of Workmen's
Compensation Insurance, furnish a satisfactory Faithful Performance
Bond in the amount of 100 percent of the total bid price, and a
Labor and Material Bond in an amount not less than one hundred
percent (100%) of the contract price. Said bonds to be secured
-- from a surety company authorized to do business in the State of
California, and subject to the approval of the City Attorney.
_ PREVAILING WAGE RATES: As required by the California Labor Code,
Section 1770 et seq. the City Council of the City of Diamond Bar
incorporates herein by reference the general prevailing rate of per
diem wages as determined by the Director of Industrial Relations of
the State of California. Copies of the prevailing rate of per diem
wages are on file in the office of the City Clerk and will be made
available to any interested party upon request. In accordance with
- the Labor Code, no workman employed upon work under this contract
shall be paid less than the above referenced prevailing wage rate.
A copy of said rates shall be posted at each job site during the
course of construction.
Any classification omitted herein shall be paid not less than the
prevailing wage scale as established for similar work in the
particular area, and all overtime shall be paid at the prevailing
rates as established for the particular area. Sunday and holiday
time shall be paid at the wage rates determined by the Director of
Industrial Relations.
PAYMENT: Payment will be made to the Contractor in accordance with
the specifications.
CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right
to reject any and all proposals or bids, should it deem this
- necessary for the public good, and also the bid of the bidder who
has been delinquent or unfaithful in any former contract with the
City of Diamond Bar. No bidder may withdraw his bid for a period
of thirty (30) days after the date of the bid opening.
CITY OF DIAMOND BAR, CALIFORNIA
DATE:
By: Lynda Burgess, City Clerk
\spec\286064.spc 2
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form
attached to be submitted at such time and place as is stated
in the Notice Inviting Sealed Bids. All bids should be made
in accordance with the provisions of the Standard
Specifications for Public Works Construction, 1991 Edition
(with all supplements). All blanks on the bid form must be
-- appropriately filled in. All bids shall be submitted in
sealed envelopes bearing on the outside the name of the
bidder, his address, and the name of the project for which the
bid is submitted. It is the sole responsibility of the bidder
to see that the bid is received in the proper time. Any bid
received after the scheduled closing time for receipt of bids
will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by
cash or by a cashier's or certified check or by a bid bond in
- the amount of not less than ten percent (10%) of the amount
named in the proposal. Said check or bond shall be made
payable to the City Clerk of the City of Diamond Bar and shall
be given as a guarantee that the bidder, if awarded the work,
will enter into a contract within ten (10) days after written
notice of the award and will furnish the necessary bonds as
hereinafter provided. In case of refusal or failure to enter
said contract, the check or bond, as the case may be, shall be
forfeited to the City. No bidder's bond will be accepted
unless it conform substantially to the form furnished by the
City, which is bound herein, and is properly filled out and
executed.
_ 3. SIGNATURE: The bid must be signed in the name of the bidder
and must bear the signature in longhand of the person or
persons duly authorized to sign the bid on behalf of the
bidder.
4. MODIFICATIONS: Changes in or addition to the bid form,
recapitulations of the work bid upon, alternative proposals or
any other modifications of the bid form which is not
specifically called for in the contract documents may result
in the Owner's rejection of the bid as not being responsive to
the invitation to bid. No oral or telephonic modification of
any bid submitted will be considered but a telegraphic
modification of any bid submitted will be considered and only
if a postmark evidences that a confirmation of the telegram
-- duly signed by the bidder was placed in the mail prior to the
opening of bids. The bid submitted must not contain any
erasures, interlineation, or other corrections unless each
_ such correction is suitably authenticated by affixing in the
margin immediately opposite the correction the surname or
surnames of the person or persons signing the bid.
\spec\286064.spc
5. DISCREPANCIES IN THE PROPOSALS: In case of discrepancy
between words and figures, the words shall prevail. If the
amounts bid on individual items (if called for) do not in fact
add to the total amount shown by the bidder, the correctly
added total of the individual items shall prevail over the
total figure shown. The estimated quantities and amounts are
for the purpose of comparison of bids only. The City Council
of the City of Diamond Bar reserves the right to reject any or
all bids and to waive any irregularity or informality in any
- bid to the extend permitted by law.
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine
carefully the site of the proposed work and the contract
documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
encountered as to the character, quality, and quantity of
materials to be furnished, and as to the requirements of the
contract, specifications and drawings. The name of the
individual who examined the site of the work and the date of
such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have
personally examined the site and the drawings, to have
carefully read the specifications, and to have satisfied
himself as to his ability to meet all the difficulties
attending the execution of the proposed contract before the
delivery of his proposal, and agrees that if he is awarded the
contract, he will make no claim against the City of Diamond
Bar based on ignorance or misunderstanding of the contract
provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either
_ personally, by written request, or by telegraphic request
confirmed in the manner specified above at any time prior to
the scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work
under this contract until he has secured all insurance and
bonds required under this section nor shall he allow any
subcontractor to commence work on this subcontract until all
similar insurance issued in compliance with this section shall
be issued in the form, and be an insurer of the insurers,
satisfactory to and first approved by the City in writing.
Certificates of Insurance in the amounts required shall be
furnished by the Contractor to the City prior to the
commencement of work.
The Contractor shall maintain adequate Workmen's Compensation
Insurance under the laws of the State of California for all
labor employed by him or by any subcontractor under him who
may come within the protection of such Workmen's Compensation
Insurance laws. The Contractor shall maintain public
\spec\286064.spc 4
liability insurance to protect said Contractor and the City
against loss from liability imposed by law, for damages on
account of bodily injury, including death resulting therefrom,
suffered or alleged to have been suffered by any person or
persons, other than employees, resulting directly or
indirectly from the performance or execution of this contract
-- or any subcontract thereunder, and also to protect said
Contractor and the City against loss from liability imposed by
law, for damage to any property, damage insurance shall be
- maintained by the Contractor in full force and effect during
the entire period of performance under this contract, in the
amount of not less than $1,000,000 for one person injured in
_ the accident and in the amount of not less than $1,000,000 for
more than one person injured in one accident and in the amount
of not less than $1,000,000 with respect to any property
damage aforesaid.
The Contractor shall secure with a responsible corporate
surety, or corporate sureties, satisfactory bonds conditioned
- upon faithful performance by the Contractor of all
requirements under the contract and upon the payment of claims
of materials, men and laborers thereunder. The Faithful
Performance Bond shall be in the sum of not less than one
hundred percent (100%) of the estimated aggregate amount of
the payment to be made under the contract computed on the
basis of the prices stated in the proposal. The Labor and
-- Material Bond shall be in the sum of not less than one hundred
percent (100%) of the estimated aggregate amount of the
payments to be made under the contract computed on the basis
of the prices stated in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person
contemplating submitting a bid for proposed contract is in
doubt as to the true meaning of any part of the drawings,
specifications, or other contract documents, or finds
discrepancies in, or omissions from the drawings and
-- specifications, he may submit to the City a written request
for an interpretation or correction thereof. The person
submitting the request will be responsible for its prompt
delivery. Any interpretation or correction of the contract
documents will be made only by Addendum duly issued and a copy
of such addendum will be mailed or delivered to each person
receiving a set of the contract document. No person is
authorized to make any oral interpretation of any provision in
the contract documents to any bidder, and no bidder is
authorized to rely on any such unauthorized oral
interpretation.
10. DISQUALIFICATION OF BIDDERS: More than one proposal from an
individual, firm partnership, corporation, or association
under the same or different names, will not be considered.
Reasonable grounds for believing that any bidder is interested
\spec\286064.spc 5
in more than one proposal for the work contemplated will cause
the rejection of all proposals in which such bidder is
interested. If there is reason for believing that collusion
exists among the bidders, all bids will be rejected and none
of the participants in such collusion will be considered in
future proposals.
No award will be made to any bidder who cannot give
satisfactory assurance as to his ability to carry out the
Contract, both from his financial rating and by reason of his
previous experience as a Contractor on work of the nature
contemplated in the Contract. The bidder may be required to
submit his record of work of similar nature to that proposed
under these specifications, and unfamiliarity with the type of
work may be sufficient cause for rejection of the bid.
11. AWARD OF CONTRACT: The City may award the Contract to the
lowest responsible bidder on the total base bid or on any one
of the alternates indicated in the proposal. Bids will be
compared on the basis of the lowest possible cost relative to
the alternate or alternates selected and the Contract, if
awarded, will be awarded to a responsible bidder whose
proposal complies with the requirements of these
specifications. The award, if made, will be made within sixty
(60) calendar days after the opening of the proposals;
provided that the award may be made after said period of the
successful bidder shall not have given the City written notice
of the withdrawal of his bid.
12. BID SCHEDULES/ALTERNATES: If alternate bids are called for,
the Contract may be awarded at the election of the governing
board to the lowest responsible bidder on the base bid, or on
the base bid and any alternate or combination of alternates.
Bids will not be validated without bids for alternate bid of
latex emulsion. Bids shall follow the requirements stipulated
- in the bid sheet. City will decide the alternates first before
selecting the responsible low bidder.
-_ 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible
bidder, consideration will be given not only to the financial
standing but also to the general competency of the bidder for
the performance of the work covered by the proposal.
14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of
the proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Gov. Code
Sec. 4100 and following). Forms for this purpose are
furnished with the contract documents.
\spec\286064.spc 6
15. WORKMEN'S COMPENSATION: In accordance with the provisions of
Section 3700 of the Labor Code, the Contractor shall secure
the payment of compensation to his employees. The Contractor
shall sign and file with the City the following certificate
prior to performing the work under this contract: "I am aware
of the provisions of Section 3700 of the Labor Code which
require compensation or to undertake self insurance in
accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of the
work of this contract." The form of such certificate is
included as part of the contract documents.
16. BID DEPOSIT RETURN: Deposits of three or more low bidders,
the number being at the discretion of the City, will be held
for sixty days or until posting by the successful bidder of
the Bonds required and return of executed copies of the
- Agreement, whichever first occurs, at which time the deposits
will be returned after consideration of the bids.
- 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall
execute a written contract with the City on the form agreement
provided, and shall secure all insurance and bonds as herein
provided within ten (10) days from the date of written notice
of the award. Failure or refusal to enter into a contract as
herein provided, or to conform to any of the stipulated
requirements in connection therewith shall be just cause for
the annulment of the award and the forfeiture of the proposal
guaranty.
If the successful bidder refuses or fails to execute the
Contract, the City may award the Contract to the second lowest
responsible bidder. If the second lowest responsible bidder
refuses or fails to execute the Contract, the City may award
the Contract to the third lowest responsible bidder. On the
failure or refusal of such second or third lowest bidder to
execute the Contract, such bidder's guarantees shall be
likewise forfeited to the City. The work may then re
advertised.
18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4
(commencing at #4380) Government Code, all specifications
shall be deemed to include the words "or equal", provided
however that permissible exceptions hereto shall be
-- specifically noted in the specifications.
19. EMPLOYMENT OF APPRENTICES" The Contractor, and all
- subcontractors, shall comply with the provisions in Sections
1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of
apprentices. The Contractor and any subcontractor under him
shall comply with the requirements of said sections in the
employment of apprentices; however, the Contractor shall have
\spec\206064.spc 7
full responsibility for compliance with said Labor Code
section, for all apprenticeable occupations, regardless of any
other contractual or employment relationships alleged to
exist. In addition to the above State Labor Code Requirements
regarding the employment of apprentices and trainees, the
Contractor and all subcontractors shall comply with Section 5
a. 3, Title 29 of the Code of Federal Regulations (29CFR).
20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a
- bidder whose bid is under consideration for the award of the
Contract shall submit promptly to the City satisfactory
evidence showing the bidder's financial resources, his
_ construction experience, and his organization and plant
facilities available for the performance of the contract.
21. WAGE RATES: The Contractor and/or subcontractor shall pay
wages as indicated in the "Notice Inviting Sealed Bids"
section of these specifications. The Contractor shall forfeit
as penalty to the City of Diamond Bar, twenty-five dollars
($25) for each laborer, workman, mechanic or any other
classification employed for each calendar day, or portion
thereof, if such laborer, workman, mechanic or any other
classification employed is paid less than the general
prevailing rate of wages herein referred to and stipulated for
any work done under the proposed contract, by him, or by any
subcontractor under him, in violation of the provisions of
Labor Code, and in particular, Sections 1770 to 1781
inclusive. Copies of all collective bargaining agreements
relating to the work as set forth in the aforementioned Labor
Code are on file of the Department of Industrial Relations,
Division of Labor Statistics and Research.
22. PERMITS. FEES AND LICENSES: The Contractor shall possess a
valid business license prior to the issuance of the first
payment made under this Contract.
- 23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree
to commence work on or before the date of written "Notice to
Proceed" of the City and to fully complete the project within
thirty (30) working days thereafter. Bidder must agree also
to pay as liquidated damages, the sum of two hundred and fifty
dollars ($250.00) for each calendar day thereafter.
\spec\286064.spc 8
BIDDER'S PROPOSAL
FOR THE SLURRY SEAL APPLICATION OF AREA FIVE, 1994-95 PROGRAM, IN
THE CITY OF DIAMOND BAR, CALIFORNIA.
Date 19
To the City Council of the
City of Diamond Bar:
The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal
as principals are the following:
(If the bidder is a corporation, give the name of the
corporation and the name of its president, secretary,
treasurer, and manager. If a co -partnership, give the name
under which the co -partnership does business, and the names
and addresses of all co-partners. If an individual, state the
name under which the contract is to be drawn.)
(b) That this proposal is made without collusion with any person,
firm or corporation.
(c) That he has carefully examined the location of the proposed
-- work and has familiarized himself with all of the physical and
climatic conditions, and makes this bid solely upon his own
knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges
receipt and knowledge of the contents of those communications
sent by the City of Diamond Bar to him at the address
furnished by him to the City of Diamond Bar when this proposal
form was obtained.
- (e) That he has carefully examined the specifications, both
general and detail, and the drawings attached hereto, and
communications sent to him as aforesaid, and makes this
proposal in accordance therewith.
(f) That, if this bid is accepted he will enter into a written
contract for the performance of the proposed work with the
City of Diamond Bar.
\spec\286064.spc 9
(g) That he proposes to enter into such Contract and to accept in
full payment for the work actually done thereunder the prices
shown in the attached schedule. It is understood and agreed
that the quantities set forth are estimates, and that the unit
prices will apply to the actual quantities whatever they may
be.
Accompanying this proposal is a certified or cashier's check
or bidder's bond, payable to the order of the City of Diamond Bar
in the sum of:
DOLLARS ($ )
Said bidder's bond has been duly executed by the undersigned bidder
and by a financially sound surety company authorized to transact
business in this state.
It is understood and agreed that should the bidder fail within
ten (10) days after award of contract to enter into the contract
and furnish acceptable surety bonds, then the proceeds of said
check, or bidder's bond, shall become the property of the City of
Diamond Bar, but if this Contract is entered into and said bonds
are furnished, or if the bid is not accepted then said check shall
be returned to the undersigned, or the bidder will be released from
the bidder's bond.
Address of Bidder
City Zip Code
\spec\286064.spc 10
Telephone of Bidder
Signature of Bidder
HID SCHEDULE "A"
SCHEDULE OF PRICES
FOR THE
SLURRY SEAL APPLICATION OF AREA FIVE
1994-95 PROGRAM
- In accordance with specifications therefore approved by the City
Council of the City of Diamond Bar the undersigned bidder is
herewith submitting the following bid prices for the performance of
the entire work as described in these specifications and attached
drawings subject to this furnishing all materials.
ITEM ITEM ESTIMATED UNIT UNIT PRICES EXTENDED AMOUNT
NO. DESCRIPTION QUANTITY (In Figures) (In Figures)
1. Application of 214
Slurry Seal
2. Replacement of
all striping,
legends, markings
and reflectorized
and non-reflectorized
raised pavement
markers, including
blue reflectors for
fire hydrants.
1 Extra $
Long Ton
1 Lump Sum $
TOTAL AMOUNT BID (IN FIGURES) $_
TOTAL AMOUNT BID (IN WORDS BELOW)
\spec\286064.spc 11
BID SCHEDULE "B"
SCHEDULE OF PRICES
FOR THE
SLURRY SEAL APPLICATION OF AREA FIVE
1994-95 PROGRAM
In accordance with specifications therefore approved by the City
Council of the City of Diamond Bar the undersigned bidder is
herewith submitting the following bid prices for the performance of
the entire work as described in these specifications and attached
drawings subject to this furnishing all materials.
ITEM ITEM ESTIMATED UNIT UNIT PRICES EXTENDED AMOUNT
NO. DESCRIPTION QUANTITY (IN FIGURES) (IN FIGURES)
BID ALTERNATE I:
1. Latex Lump Sum ---- $ $
Emulsion
TOTAL AMOUNT BID (IN WORDS BELOW)
BID ALTERNATE II:
1. Replacement Lump Sum ----
of all striping,
legends, markings with
thermoplastic material
and reflectorized and non-
reflectorized raised pavement
markers including blue reflectors
for fire hydrants.
TOTAL AMOUNT BID (IN WORDS BELOW)
\spec\286064.spc 12
Accompanying this proposal is
(Insert "$
"cashier's check,",11c -tif cash,"
"bidder's bond" as the case ma 1ed check,", or
equal to at least ten y be) in the amount
bid. percent (10%) of the total
The undersigned further agrees that in case of
default in executing the required contract, with
necessary bond, within ten (10) days, not including
Sundays and legal holidays, after having received
notice that the Contract has been awarded and ready
for signature, the proceeds of the security
accompany his bid shall become the property of the
City of Diamond Bar, and this proposal and the
acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT)
SIGNATURE DATE
ADDRESS
CITY
ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
\spec\286064.spc 13
LIST OF SUBCONTRACTORS *
BID OPENING DATE
PROJECT PROJECT NO.
LOCATION
CLIENT
CONTRACTOR
Name Under Which
Subcontractor is
Licensed
License
No.
Address of Office,
Mail, or Shop
Percent
of Total
Contract
Specific Description
of
Subcontract
* Any subcontractor doing work in excess of one-half (1/2) of
one percent (1%) of the total bid shall be designated on this
form.
\spec\286064.spc 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification
Bid Date
This information must include all construction work undertaken in the
State of California by the bidder and any partnership, joint venture or
corporation that any principal of the bidder participated in as a
principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information
shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional
information or explanation of data which he would like taken into
consideration in evaluating the safety record. An explanation must be
attached of the circumstances surrounding any and all fatalities.
5 Calendar Years Prior to Current Year
1990 1991 1992 1993 TOTAL CURRENT YEAR
1. No. of contracts
�. Total dollar amount of contracts din 1000's)
3. No. of fatalities
— No, of lost workday cases
5. No. of lost work day cases involving
— permanent transfer to another job or
termination of employment
6. No. of loaf workdays
The information required for these items is the same as required for
columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational
Injuries and Illnesses, OSEA No. 102
The above information was complied from the records that are available
to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these
records.
Name of Bidder (Print) Signature
Address
State Contractors' Lic. No. & Class.
City Zip Code Telephone
\spec\286064.spc 15
AFFIDAVIT FOR CO -PARTNERSHIP FIRM
STATE OF CALIFORNIA )
- )SS
COUNTY OF LOS ANGELES )
first duly sworn, deposes and says: I being
That he is a member of the co -partnership firm designated as
which is the party making the foregoing proposal or bid; that such
bid is genuine and not collusive or sham; that said bidder has not
colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such
other person shall refrain from bidding; and has not in any manner
sought by collusion to secure any advantage against the City of
_- Diamond Bar or any person interested in the proposed contract, for
himself or for any other person.
That he has been and is duly vested with authority to make and
sign instruments for the co -partnership by
who constitute the other members of the co -partnership.
Subscribed and sworn
to before me this
Signature
day of
19
Signature of Officer Administering Oath
(Notary Public)
\spec\286064.spc 16
AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ;SS
first duly sworn, deposes and says: being
That he is
of,
a corporation which is the party making g the fore oin
bid; that such bid is genuine and not g proposal or
collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in
any manner sought by collusion to secure any advantage against the
City of Diamond Bar or any person interested in the proposed
contract, for himself or for any other person.
Subscribed and sworn
to before me this
Signature
day of 19
Signature of Officer Administering Oath
(Notary Public)
\spec\286064.spc 17
AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
first duly sworn, deposes and says: l being
That he is the party making the foregoing proposal or bid;
that such bid is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to
gin a sham bid or
that such other person shall refrain from bidding;
any manner sought by collusion to secure any advantaged
City of Diamond Bar or any person interested in the
contract, for himself or for any other personProposed
.
Subscribed and sworn
to before me this
Signature
day of
19
Signature of Officer Administering Oath
(Notary Public)
\spec\286064.spc 18
AFFIDAVIT FOR JOINT VENTORg
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
first duly sworn, deposes and says: being
That he is
of,
one of the parties submitting the foregoing bid as a
joint
and that he has been and is duly vested with the authority to make
venture
and sign instruments for and on behalf of the parties making said
bid who are:
------------
that such bid is
genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or
person
that such other person shall refrain from bidding in a sham bid or
any manner sought by collusion to secure any advantagedagainsthasgthin
e
City of Diamond Bar or any person interested in the
contract, for himself or for any other personProposed
.
Subscribed and sworn
to before me this
Signature
day of
Signature of Officer Administering Oath
(Notary Public)
\spec\286064.spc 19
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to
and as "Contractor" as PRINCIPAL,
as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR,
CALIFORNIA hereinafter referred to as the "City', in the sum of
lawful money of the United States of Dollars
(the )
which sum, will and truly to be made, we bind ourselves, oi of
j
and several firmly by these presents. ointly
THE CONDITIONS OF THIS OBLIGATION ARE SUCH,
contract has been awarded and is about to enterhi ntohereasthe a, said
nnexed
contract with said City for consideration of the work under the
specification entitled
and
the
-- —1---A uy saia city to give this bond in connection with
execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and
perform all the covenants and obligations of said contract on his
part to be done and performed at the time and in the manner
specified herein; this obligation shall be null and void; otherwise
it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the
materials to be furnished, which may be made pursuant to the terms
of said Contract shall not in any way release said Contractor or
the Surety thereunder nor shall any extension of item granted under
the provisions of said Contract release either said Contractor or
said Surety and notice of such alterations or extensions of the
Contract is hereby waived by such Surety.
In the event suit is brought upon this Bond by the obligee and
judgement is recovered, said Surety shall
pay all costs the City in such suit, including a reasonable attorney's lfees rto be
fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of
1994.
PRINCIPAL
SURETY
BY:
(SEAL)
(SEAL)
\spec\286064.spc 2 0
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, AND
as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR,
CALIFORNIA hereinafter referred to as the "City", in the sum of
DOLLARS ($ )
lawful money of the United States of America, for the payment of
which sum, well and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
Contract has been awarded and is about to enter into the annexed
Contract with said City for construction of the work under City's
specification entitled
is
by said City to give this bond in connection with thedexecutionred of
said Contract;
NOW, THEREFORE, if said Contractor in said Contract, or
subcontractor, fails to pay for any materials, provisions,
provender or other supplies, or for the use of implements or
machinery, used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor, said Surety will pay for the same in
an amount not exceeding the sum specified above, and also in case
suit is brought upon this bond, a reasonable attorney's fee, to be
fined by the court. This bond shall immure to the benefit of any
and all persons entitled to file claims under Section 1192.1 of the
Code of Civil Procedure of the State of California.
PROVIDED, that any alterations in the work to be done, or the
material to be furnished, which may be made pursuant to the terms
Of said Contract, shall not in any way release either said
Contractor or said Surety thereunder nor shall any extensions of
time granted under the provisions of said Contract release either
said Contractor or said Surety, and notice of such alterations or
extensions of the Contract is hereby waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of 1994.
PRINCIPAL SURETY
BY:
(SEAL) (SEAL)
\spec\286064.spc 2 1
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
as Principal, and
as are firmly bound unto the Cit of Diamond Bar in the seum,to ten pe and
nt
(10%) of the total amount of the bid of the Principal above named,
be paid to the said City or its certain attorney, its successors and
assigns; for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the sum
of $
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to
the City of Diamond Bar for certain construction specifically
described as follows, for which bids are to be opened at Diamond Bar
City Hall on July 26, 1994 for the Application of Slurry Seal to
Various Streets 1994-95 Program in the City of Diamond Bar.
NOW, THEREFORE, if the aforesaid Principal is awarded the Contract,
and within the time and manner required under the specifications,
after the prescribed forms are presented to him for signature, enters
into a written contract, in the prescribed form in accordance with the
bid, and files the two bonds with the City of Diamond Bar, one to
guarantee faithful performance and other to guarantee payments for
labor and materials, as required by law, then this obligation shall be
null and void; otherwise it shall remain in full force and effect. In
the event suit is brought upon this bond by the obligee and judgment
is recovered, the Surety shall pay all costs incurred by the City in
such suit, including a reasonable attorney's fees to be fixed by the
Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this
day of 1994
PRINCIPAL (SEAL)
SIGNATURE AND TITLE
SURETY (SEAL)
SIGNATURE AND TITLE
NOTE: Signatures of those executing for the Surety must be
properly acknowledged.
\spec\286064.spc 2 2
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
As suppliers of goods or services to the City of Diamond Bar, the
firm listed below certifies that it does not discriminate in its
employment with regards to race, religion, sex, or national origin;
that it is in compliance with all federal, state, and local
directives and executive orders regarding non-discrimination in
employment; and that is will pursue an affirmative course of action
as required by the affirmative action guidelines.
We agree specifically:
1. To establish or observe employment policies which
affirmatively promote opportunities for minority persons at
all job levels.
2. To Communicate this policy to all persons concerned including
all company employees, outside recruiting services, especially
those serving minority communities, and to the minority
communities at large.
3. To take affirmative steps to hire minority employees within
the company.
FIRM
TITLE OF OFFICER SIGNING
SIGNATURE DATE
Please include any additional information available regarding equal
opportunity employment programs now in effect within your company:
\spec\286064.spc 23
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PERVIOIIS CONTRACTS
OR SUBCONTRACTS SUBJECT TO THE
FILLING OF REQUIRED REPORTS EQIIAL OPPORTIINITY CLAUSE AND THE
The bidder
proposed subcontractor
has not hereby certifies that he has
participated in a previous contract or
a
subcontract subject to the Equal Opportunity Clause, s required by
Executive Orders 10925, 11114, or 11246, and that he has
has not filed with the Joint Reporting Committee e
Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former
President's Committee on Equal Employment Opportunity, all reports
due under the applicable filing requirements.
(COMPANY)
BY:
(TITLE)
DATE: 1994.
NOTE: The above certification is required by the Equal
Employment Opportunity Regulations of the Secreta
ry of
CFR 60-1.7 (b) (1), and must be submitted by bidders andLprop (41
osed
subcontractors only in connection with contracts and subcontracts
which are subject to the Equal Opportunity Clause. Contracts and
subcontracts which are exempt from the Equal Opportunity Clause are
set forth in 41 CFR 60-1.5. (Generally only contracts or
subcontracts of $10,000 or under are exempt).
Currently, Standard Form 100 (EEO -1) is the only report required by
the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have
participated
in a previous contract or subcontract subject to the Executive
Orders and have not filed the required reports should note that 41
CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts
unless such contractor submits a report covering the delinquent
period of such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
\6pec\286064.spc 2 4
NON -COLLUSION AFFIDAVIT
TO: The City of Diamond Bar:
State of California
County of ss.
sworn, deposes and says that he or she is being first duly
of
the foregoing bid that the bid is not made in the interest t of rrty lon
behalf of, any undisclosed person,
association, organization, or corporation; thattthesbid�is company
and not collusive or sham; that the bidder has not direcgtlylor
indirectly induced or solicited and other bidder to put in a false
or sham bid, and has not directly or indirectly
conspired, connived, colluded,
or agreed with any bidder or anyone else to
Put in a sham bid, or that anyone shall refrain from bidding; that
the bidder has not in any manner, directly or indirectly,
ught
agreement, communication, or conference with anyone tofix othe bbd
price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the
the contact of anyone interested in the public body awarding
contract; that all
statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation,
association, organization, bid deposito partnership, company
or to
agent thereof to effectuate a collusive or,
sham bid. ny member or
Signature of Bidder
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
Subscribed and sworn to before me this
1994 day of
Notary Public in and for the County of
State of California
\3pec\286064.spc 2 5
GENERAL PROVISIONS
FOR
THE 1994-95
SLURRY SEAL
IMPROVEMENT PROGRAM - AREA FIVE
IN THE CITY OF DIAMOND BAR
GENERAL PROVISIONS
1• GENERAL CONDITIONS
A11 work shall be done in accordance with the Standard
Specifications for Public Works Construction (1991 Edition and
all subsequent supplements), hereinafter referred to as
Standard Specifications, Plans, Standard Construction Drawings
and these Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. SCOPB and Control of Work.
Sectinn �)_1
(a) Examination of Plans SiDecifications S ecial Provisions
and Site of Work: The bidder is required to mi
exane
carefully the site and the
specifications and contract forms roforal,the plans
lwork
contemplated, and it will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
encountered, including all installations and utilities,
whether underground, surface or overhead, as to the
character, quality and quantities of work to be performed
and materials to be furnished, and as to the requirements
of the specifications, the special provisions and the
Contract. It is mutually agreed that submission of a
proposal shall be considered prima facie evidence that
the bidder has made such examination.
(b)Pr000sal Form• All proposals must be made upon blank
forms to be obtained from the City Clerk at City Hall,
21660 E. Copley Drive, Suite 100, Diamond Bar, CA. All
proposals must give the prices proposed, both in writing
and figures, and must be signed by the bidder, and his
address shown. If the proposal is made by an individual,
his name and post office address must be shown. If made
by a firm or partnership, the name and post office
address of each member of the firm or partnership must be
shown. If made by a corporation, the proposal must show
the name of the state under the laws of which the
corporation was chartered and the names, titles, and
business addresses of the president, secretary, and
treasurer.
(c) Reiectinn --F n------, -
or Irregu— I 111 ,kitera tions Erasures
larities x111Proposals may be rejected if they
show any alterations of form additions not called for,
\spec\286064.spc 2 6
conditional or alternative proposals, incomplete
proposals, erasures, or irregularities of any kind.
(d) Bidder's Guarantee: All proposals shall be presented
under sealed cover and shall be accompanied by cash,
cashier's check or certified check payable to, or
bidder's bond in favor of the City of Diamond Bar in an
amount of not less than ten percent (10%) of the amount
named in said proposal, and no proposal shall be
considered unless such cash, cashier's check, certified
check or bidder's bond is enclosed therewith.
(e) Return of Bidder's Guarantees: Proposal guarantees will
be held until the Contract has been finally executed,
after which they will be returned to the respective
bidders whose proposals they accompany.
The Notice to Bidders, Proposal, bonds, Instructions to
bidders, General Provisions and Detail Specifications,
shall be deemed incorporated in the Contract by
reference. A Corporation to which an award is made will
be required, before the Contract is finally executed, to
furnish evidence of its corporate existence and evidence
that the officer signing the Contract and bonds for the
corporation is duly authorized to do so.
Subsection 2-5.1. Plans and Specifications - General is
amended by the addition of the following
An addendum to these specifications may be issued by the City
Engineer at any time prior to the bid opening.
Section 5 Utilities This section is modified by addition
of the following subsections.
Subsection 5-1. Location. This section is amended by the
addition of the followin :
ty
Owners and Public Agenciesciwho 1may Llhavetlfacilities ns llor
interests which may affect the work are as follows:
General Telephone
1400 E. Phillips Blvd.
RC 3680 G
Pomona, California 91766
(909) 865-3327
Western Waste
13793 Redwood Avenue
Chino, California 91710
(909) 591-1718
\spec\286064.spc 2'7
Community Disposal
14048 Valley Boulevard
City
of Industry, California 91744
(818) 336-3636
Southern California Edison Company
800 West cienegforn. 91773
San Dimas,
(909) 592-3724
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(909) 595-7554
Los Angeles County Department of Public Works
Sewer maintenance
(818)
Los Angeles County Department of Public Works
Road maintenance Division
(818) 4
Southern California Gas Company
Distribution Department
(909) 592-1799
Jones Intercable Walnut Valley
20965 Lycoming
Walnut, California 91789
(909) 594-2729
Los Angeles County Sheriff's Department
(909) 595-2264
Los Angeles County Fire Department
(909) 861-5995 agencies shall
companies and ag They
to City) of the project.
Each of the above listed(copylty and provide a
be notifiedviteartola pre -construction meeting
shall be
work schedule. alerted
The Contra The Contractor is btor shall
Subsection 5-2• Protection. lines.
Su the existence of utility the course of construction-
to
carefully protect all lines during
Section 6 (blankl
His work.
Mul.
\spec\286064.spc
LO11UW1a�
be made in the
Labor Discrimination. No disconminat nworkslbecause ofct e
persons and every contra
employment of such person
or
race, color, or religion of such p
for public works violating this section is subject to all the
ions
i
penalties imposed for a violation
accordance with the provs
of Chapter 11 or Part VII,
Division 2 of the Labor Cod
of Section 1735 thereof. C-- wnrk .
Subsection 7-3.1. COntraCLUL - -_8_ of the Stanaaru
Reference is made to Section 6 Except as
Specificationuntil these
f pmalraccept nceal lofsthe work by the
provided above,e to any
City Council, the Contractor shall have theoa charge
car
f injury
thereof and shall he bearthe
oflsk theoelemen s or from any other
part thereof by from the execution or from the
epaon
case, whether arising The Contractor shall rebuild, any option
execution of the work.
restore, and make good all injuries fthe abovecauses mages obefo e final
of the work occasioned by any except such
acceptance and shall bear the expense actsTeof� the Federal
injuries or damages occasioned by
Government or the public enemy. �.• }hc
S bsectlon i-lv — ---
addition of the following:
The Contractor shall furnish all flagmen and guards and supply
and install all signs, lights, flares, barricade oroe ped to ineatorsthe
and other facilities which are necessary around the work or to
passage of public traffic through to the public or to give
prevent accidents or damage or injury
adequate warning to the public of any dangerous conditions to
be encountered. The CalTrans ,Manual of Trafthis fic Cprtojectt.
shall be used for all traffic be Included In other items of
]work
Payment for this work shall ill be made.
and no separate payment
Section 9. Measurement and pa ment.
Subsection 7-� �� --
paraaraphs
The Contractor agrees that the payment of the amount under the
for any work done in
Contract, and the adjustment and payment ame, shall and
accordance with any alteration Council,of the sthe City Managers the
City of Diamond Bar, the City on
the City Engineer of any and all claims or liability
- account of work performed under the Contract or any
alterations thereof.
29
\spec\286064.spc
Progress Payments. The Contractor shall be entitled each
month to a monthly progress payment in an amount equal to
ninety percent (90%) of the estimated percentage of actual
work completed by the end of the proceeding calendar month,
based on the contract price less all
previousll paym
no less
provided that in all events, the City
than ten percent (10%) of the contract price until final
completion and acceptance of the work.
This payment on account shall in no way be considered as an
acceptance of any part of the work
or th material
esti thtee
Contract, nor shall it in any way govern
Final Payments. After the completion of the Contract, the
City Engineer shall make a final inspection of the work done
the
thereunder, and if entirely satisfactory and complete,
City shall pay to the Contractor an amount which, when added
to the payments previously made and deductions allowable to
the City, will equal ninety percent (90%) of the contract
price. Thereafter the balance of the contract price remaining
unpaid shall be paid thirty-five (35) calendar days after the
recording of a Notice of Completion by the City. The payment
of the final amount due under the Contract and the adjustment
and payment for any work done in accordance with any
alterations of the same shall release the City from any and
all claims on account of the work performed under the Contract
or any alterations thereof.
Guarantee. The Contractor agrees for a period of one year,
commencing with the Final Notice of Completion, to correct
without additional charge to the City, any defects in the work
performed, or in the materials furnished, by the Contractor
and/or manufacturer, jointly.
30
\spec\286064.spc
SPECIAL PROVISIONS
FOR
THE 1994-95
SLURRY SEAL
IMPROVEMENT PROGRAM - AREA FIVE
IN THE CITY OF DIAMOND BAR
SPECIAL PROVISIONS
1994-95 SLURRY
SPECIFICATIONS
FOR
SEAL IMPROVEMENT PROGRAM
AREA FIVE
The work to be done shall be performed or executed in accordance
with these Special Provisions and the "Standard Specifications for
Public works construction", 1991 Edition and all subsequent
supplements, hereinafter referred to as the Standard
Specifications. The Standard Specifications are published by
Building News, Inc. 3055 Overland Avenue, Los Angeles, California
90034 and are included by reference only.
ADDENDA
The City Engineer may, without City Council approval, issue addenda
to the Contract Documents during the period of advertising for bids
for the purpose of: (a) revising prevailing wage scales or (b)
clarifying or correcting Special Provisions, Plans or Bid Proposal;
provided that any such addenda does not change the original scope
and intent of the project.
Purchasers of contract documents will be notified and furnished
copies of such addenda, either by certified mail or personal
delivery, during the period of advertising.
TIME LIMIT AND NOTICE TO PROCEED
All work shall be completed within thirty (30) working days. A
move -in period of seven (7) calendar days will be allowed starting
on the date in the Notice to Proceed. The counting of working days
shall start on the date the Contractor elects to start work or the
last day of the move -in period, whichever occurs first. The
Contractor shall utilize the move -in period to ensure that all
materials required for the project will be available for the
scheduled work. No additional working days will be allowed for
material delay once the Contractor commences work. The Contractor
shall notify the City Engineer at least seven (7) calendar days
prior to the start of work.
Nothing in this section will relieve the Contractor of its
obligations relative to starting work as required elsewhere in
these specifications.
CHANGES IN THE WORK
Subsection 3-2.1 of the Standard Specifications is supplemented by
the following:
31
\spec\286064.spc
Notwithstanding the limitation imposed by this
Subsection, the City Engineer may, without City Council
approval, order changes in the work which increase the
contract cost by not more than 25% of the original
contract amount.
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
All bidders will be required to submit information as to their
industrial safety record on the form provided in the Bid Proposal.
A review of this safety record will be made prior to a
determination of the lowest responsible bidder, and any adverse
finding as to the bidder's safety record or any bid submitted which
does not contain the Contractor's Industrial Safety Record, filled
out and signed by the Contractor, may be sufficient cause for
rejection of the bid.
CONSTRUCTION SCHEDULE
In accordance with Subsection 6-1 of the Standard Specifications,
the Contractor shall submit a written proposed construction
schedule to the City Engineer ten (10) calendar days prior to the
start of work. The schedule shall list all necessary preparatory
work, vegetation removal, street cleaning and slurry operations for
each street. Such schedule shall be subject to the review and
approval of the City Engineer. No work shall be done until the
Engineer and the Contractor have agreed to the schedule to be
followed by the Contractor.
ESTIMATED QUANTITIES
The estimated quantities of work and materials to be performed,
constructed or furnished by the Contractor under these
specifications are as follows:
ITEM OPERATION, ARTICLE OR MATERIAL UNIT AND
NUMBER TO BE PERFORMED, CONSTRUCTED OR FURNISHED QUANTITY
1 QUICK SET EMULSION AGGREGATE SLURRY
TYPE II (CATIONIC) 2,141 EXTRA
LONG
TON
REPLACEMENT OF ALL STRIPING, LEGENDS,
MARKINGS AND REFLECTORIZED OR NON-
REFLECTORIZED RAISED PAVEMENT MARKERS
INCLUDING BLUE REFLECTORS FOR FIRE
HYDRANTS.
LUMP SUM
\spec\286064.spc 3 2
WITHHELD CONTRACT FUNDS
Pursuant to Section 4590 of the Government Code, the Contractor at
its own expense may deposit securities pledged in favor of the
Agency with a state or federally chartered bank as the escrow
agent.
The acceptable securities are those listed in Section 16430 of the
Government Code or bank or savings and loan certificates of
deposit.
The amount of securities to be deposited shall be equivalent to the
maximum amount permitted to be withheld as specified in Subsection
9-3.2 of the Standard Specifications. Formal acceptance of the
project by the Agency terminates the Agency's interest in the
securities.
PUBLIC CONVENIENCE AND SAFETY
In addition to the requirement of Subsection 7-10 of the Standard
Specifications and the Standard Special Provisions, the Contractor
shall maintain access to all adjacent properties. Furthermore this
Subsection is amended and supplemented by the following paragraphs:
DETOUR
In no case shall traffic be diverted from the existing
traveled way without prior approval of the City Engineer.
TRAFFIC FLOW
In order to facilitate the flow of traffic during the
contractual period, the Agency reserves the right to extend
the limits of the project to include any areas where signing
and delineating is deemed necessary by the City Engineer.
Full compensation for complying with the above requirements shall
be considered as included in the various items of work unless
otherwise specified above.
SANITARY CONVENIENCE
Necessary sanitary facilities for the use of workman on the job
shall be provided and maintained in an approved manner by the
Contractor, properly secluded from public observation and in
compliance with health ordinances and laws, and their use shall be
strictly enforced by the Contractor.
STORAGE SITE
It shall be the Contractor's responsibility to locate any storage
sites for materials and equipment needed and such sites either
\spec\286064.spc 3 3
located on public or private property must be approved in advance
by the City Engineer.
PROJECT COORDINATION AND NOTIFICATION REQUIREMENTS
Notification to the agency listed below and those agencies named in
Subsection 5-1 (Utility Owner and Public Agency Identifications) of
the General Provisions must be in writing with proof of letter
given to the City.
Walnut Valley Unified School District
880 South Lemon Avenue
Walnut, California 91789 Foothill Transit
(909) 595-1261 (800) 252-7433
Pomona Unified School District
800 South Garey Avenue
Pomona, California 91766
(909) 397-4636
PRE -CONSTRUCTION MEETING
Metropolitan Transit Authority
(909) 620-1871
The Contractor shall arrange a pre -construction meeting with the
City Engineer and representatives from utility companies which
shall be held a minimum of ten (10) calendar days prior to
commencement of any work.
TRASH COLLECTION SCHEDULE
No streets will be closed or have work done on day of trash
collection. Trash collection in this area is every Monday of the
week.
Questions regarding trash collection can be directed to:
Community Disposal Company Western Waste
Customer Service (909) 591-1718
(800) 327-3807
STREET SWEEPER ROUTE SCHEDULE
All slurry shall be applied at least twenty-four (24) hours prior
to sweeping of any street in the project area. Street sweeping in
this area is every other Tuesday.
Question regarding street sweeping can be directed to:
Community Disposal Company
Customer Service
1(800)327-3807
\spec\286064.spc 3 4
California Code Section 20104 - Rectuirements and Procedures
20104. Application of article; inclusion of article in plans and
specifications.
(a) (1) This article applies to all public works claims of
three hundred seventy-five thousand dollars ($375,000.00) or less
which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting
from a contract between a contractor and a public agency when the
public agency has elected to resolve any disputes pursuant to
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections
3100 and 3106 of the Civil Code, except that "public work" does not
include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor
for (A) a time extension, (B) payment of money of damages arising
from work done by or on behalf of the contractor pursuant to the
contract for a public work and payment of which is not expressly
provided for or the claimant is not otherwise entitled to, or (C)
an amount he payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall
be set forth in the plans or specifications for any work which may
give rise to a claim under this article.
(d) This article applies only to contracts entered into on or
after January 1, 1991.
20104.2. Claims; Requirements
For any claim subject to this article, the following
requirements apply:
(a) The claim shall be in writing and include the documents
necessary to substantiate the claim. Claims must be filed on or
before the date of final payment. Nothing in this subdivision is
intended to extend the time limit or supersede notice requirements
otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars
($50,000.00), the local agency shall respond in writing to any
written claim within 45 days of receipt of the claim, or may
request, in writing, within 30 days of receipt of the claim, any
additional documentation supporting the claim or relating to
defenses or claims the local agency may have against the claimant.
\spec\286064.spc 35
(2) If additional information is thereafter required, it
shall be requested and provided pursuant to this subdivision, upon
mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as
further documented, shall be submitted to the claimant within 15
days after receipt of the further documentation or within a period
of time no greater than that taken by the claimant in producing the
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars
($50,000.00) and less than or equal to three hundred seventy-five
thousand dollars ($375,000.00), the local agency shall respond in
writing to all written claims within 60 days of receipt of the
claim, or may request, in writing, within 30 days of receipt of the
claim, any additional documentation supporting the claim or
relating to defenses or claims the local agency may have against
the claimant.
(2) If additional information is thereafter required, it
shall be requested and provided pursuant to this subdivision, upon
mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as
further documented, shall be submitted to the claimant within 30
days after receipt of the further documentation, or within a period
of time not greater than that taken by the claimant in producing
the additional information or requested documentation, whichever is
greater.
(d) If the claimant disputes the local agency's written
response, or the local agency fails to respond within the time
prescribed, the claimant may so notify the local agency, in
writing, either within 15 days of receipt of the local agency's
response or within 15 days of receipt of the local agency's
response or within 15 days of the local agency's failure to respond
within the time prescribed, respectively, and demand an informal
conference to meet and confer for settlement of the issues in
dispute. Upon a demand, the local agency shall schedule a meet and
confer conference within 30 days for settlement of the dispute.
(e) If following the meet and confer conference, the claim or
any portion remains in dispute, the claimant may file a claim
pursuant to Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1
of the Government Code. For purposes of those provisions, the
running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her
written claim pursuant to subdivision (a) until the time the claim
is denied, including any period of time utilized by the meet and
confer conference.
\spec\286064.spc 3 6
20104.4 Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions
filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following
the filing or responsive pleading, the court shall submit the
matter to non-binding mediation unless waived by mutual stipulation
of both parties. the mediation process shall provide for the
selection within 15 days by both parties of a disinterested third
person as mediator, shall be commenced within 30 days of the
submittal, and shall be concluded upon good cause showing to the
court.
(b) (1) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter 2.5
(commencing with Section 1141.10) of Title 3 of Part 3 of the Code
of Civil Procedures, notwithstanding Section 1141.11 of that code.
The Civil Discovery Act of 1986 (Article 3 [commencing with Section
20161 of Chapter 3 of Title 3 of Part 4 of the Code of Civil
Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial
arbitration.
(2) In addition to Chapter 2.5 (commencing with Section
1411.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A)
arbitrators shall, when possible, be experienced in construction
law, and (B) any party appealing an arbitration award who does not
obtain a more favorable judgement shall, in addition to payment of
costs and fees under that chapter, also pay the attorney's fees on
appeal of the other party.
20104.6 Payment by local agency of undisputed portion of claim;
interest on arbitration award or judgement
(a) No local agency shall fail to pay money as to any portion
of a claim which is undisputed except as otherwise provided in the
contract.
(b) In any suit filed under Section 20104.4, the local agency
shall pay interest at the legal rate on any arbitration award of
judgement. The interest shall begin to accrue on the date the suit
is filed in a court of law.
20104.8 Duration of article; application of article to contacts
between January 1, 1991 and January 1, 1994
(a) This article shall remain in effect only until January 1,
1994, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1994, deletes or
extends that date.
\spec\286064.spc 37
(b) As stated in subdivision (c) of section 20104, any
contract entered into between January 1, 1991, and January 1, 1994,
which is subject to this article shall be incorporated this
article. To that end, these contracts shall be subject to this
article even if the article is repealed pursuant to subdivision (a).
CITY EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS
1. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY
The following provisions pertaining to equal employment
opportunity are incorporated into this Contract. In
connection with performance of work under this Contract, the
Contractor agrees as follows:
a. The Contractor will not discriminate against any employee
or applicant for employment because of race, color, sex,
religion, ancestry or national origin. The Contractor
will take affirmative action to ensure that applicants
are employed, and the employees are treated during
employment, without regard to race, color, sex, religion,
ancestry or national origin. Such action shall include,
but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for
training, including apprenticeship where applicable.
b. In all advertisements for labor or other personnel, or
requests for employment of any nature, the Contractor
shall state that all qualified applicants will receive
consideration for employment of any nature, the
Contractor shall state that all qualified applicants will
receive consideration for employment without regard to
race, color, sex, religion, ancestry or national origin.
C. In all hiring, the Contractor shall make every effort to
hire qualified workers from all races and ethnic groups.
d. The Contractor shall be responsible for the compilation
of records of the ethnic distribution of the entire
project work force on forms furnished by the Agency.
Said forms, indicating the ethnic distribution of man-
hours of work within the various crafts and trades, shall
be filed by the Contractor with the Agency every 30 days.
e. The Contractor shall send to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding,
a notice, to be provided by the Agency, advising the said
labor union or worker's representative of the
Contractor's commitments under this section.
\spec\286064.spc 3 8
f. The Contractor shall maintain and permit access by the
Agency to records of employment, employment
advertisements, application forms and other pertinent
data and records of the Contractor's own work force and
that of the various subcontractors on the project for the
purpose of investigation to ascertain compliance with
this EEO section.
g. Within 10 days after execution of the Contract by the
Agency, the Contractor shall meet the following standards
for affirmative compliance and shall ensure that each
subcontractor on the project will meet these requirements
within (10) days after receiving a notice to proceed from
the Contractor, unless the Agency provides for a greater
time period:
(1) File with the Agency an Affirmative Action Plan
indicating the steps it will take to encourage and
assist qualified members of minority groups. Such
affirmative action will include statements
regarding recruitment, employment, compensation,
promotion or demotion, and selection for training.
(2) Provide evidence as required by the Agency, that it
has notified in writing all subcontractors, the
Contractor's supervisors and other personnel
officers of the content of this EEO section an
their responsibilities under it.
(3) Provide evidence, as required by the Agency, that
it has notified in writing all sources of employee
referrals (including, but not limited to, unions,
employment agencies and the State Department of
Employment Development) of the content of this EEO
section.
(4) Notify the Agency in writing of any opposition to
this EEO section by individuals, firms, unions or
organizations.
h. If the Agency has reason to believe that the Contractor
or a subcontractor may have that the Contractor or a
subcontractor may have committed a violation of the EEO
section of this Contract or of the California Fair
Employment Practice Act or of any applicable Federal law
concerning equal employment practices on this project,
the Agency will cause written notice to be served on the
Contractor or its representative, and to any
subcontractor involved in such violation. The notice
shall set forth the nature of the violation. Upon the
Agency's request, the Contractor shall meet with
representatives of the Agency in order to determine the
\spec\286064.spc 39
and the time period
the violation be corrected. If,
means of correcting shall has
within which the violation or subcontractor
10 days, the Contractor the Agency may
within the violation,Commission and
failed or refused to remedent practices
notify the Fair EmPlo be available under
pursue any other remedies which may
the law• the p of the
include Provisions
Contractor shall h 1h in every first tier
i. The aragraphs la through bind each
foregoing P ire each subcontractor to
subcontract and require will be binding upon
subcontractor with whom it has a contract to such
further provisions required
provisoes, so that such erforms any of the work
each subcontractor who P
by the Contract.
2. ANTI -DISCRIMINATION agrees that all persons
and subsidiaries
a. The Contractor certifies its affiliates, equally by
employed by the Contractor, treated of race,
or holding companies are regard
d lto betreated
because in and in
the Contractor without or national orifi
color, sex, religion, ancestry agrees that
' nce with State and Federalert fieslandsagiminat or
comp. The Contractor furthercertifies
bidders and vend
laws. color, sex,
it will deal with its or b because oof race,
without regard to The Contractor
religion, ancestry or national origin.
records during
emp1OYm the
to verify compliance with
agrees to allow access to
its b the City -
foregoing provisions when so rees that if
ecifically recognizes and ag
of the foregoing provisions have
b. The Contractor sP constitute a material
the City finds that any shall determine to
been violated, the same the City may the
on which Contract. While
breach of Contract o p suspend the individually that
cancel, terminate right to determine Contract have
City reserves the rovisions of the
ination by the
the anti-discrim int addiption a determ the
ent Practices Commission a
been violated, Commission that the
_ California Fair Emp en Opportunity Federal anti -
Federal Equal EmPloym State or by the
has violated a finding
Contractor shall constituVeolated the anti-
discrimination
nti-
discriminati n lawsContractor has
City that
discrimination provisions of the Contract.
terminating or
and in lieu of canceling, to damages for
C. At its option, the City may of
ending the Contract, rovisions for
suspending 200)
any violation i the anti- of itwo ahundred �$ and the
in the amount ermined. The City
this section, found and
each violation
40
\spec\2B6064.spc
id
a ree that the of or nd not amount
a
Contractor specifically J damages, agreed
imposed as liquidated ecifically g
shall be ed as It is further sp be the amount of
forfeiture or P resumed to violation,
reason of any such of the
that the aforesaid amount is P the nature
damages sustained stances and difficult to
because, from the circum extremely
violation,
it is impracticable and
fix actual damages.
41
\spec\286064.spc
DICK SET EMULSION AGGREGATE SLURRY
MATERIALS emulsion aggregate ate slurry shall conform to the
The materials for
following: ick Sgt type conformiports
Test Reports
Emulsified asphalt shall be °f a Requirements•
1) requirements for CSS -1h Of
SbsTest�ng 203-1. 3
the and 203-3.2.
and Certificate t' w
ill not be required for cationic emulsifie
cement mixing
asphalt. quick setting emulsion shall
asphalt.
for q The amount
or retardant Engineer. shall be
2) The accelerator oved by the City in the slurry
be a type apP can support
retardant to be included
sluaifYer the last
accelerator or to ensure the
minutes
that amount necessarywthin sixty
vehicular traffic
application. ingredients of the
Water shall be compatible with the other
3) aggregates
slurry- mineral
dust or other to the
shall be rock and shall conform
4) Aggregate the City Engineer Standard Specificat1Ori45
approved by of the equivalent of
Of Section 200 minimum sand
requirements shall have a
The aggregate
(Calif. Test 217)•
GRA—DING percentage of
C MPOSITION ANS GRAD negate and the P
The grading of the
combined agJ requirements
' d asphalt shall be sbulations•conform
to the
emu the following to
indicated in the Tape II
% Passing
Sieve Size 100
3/811 90-100
No. 4 65-90
No. 8 45-70
No. 16 30-50
No. 30 18-36
No. 50 10-24
No. 100 5-15
No. 200 halt 14-18
Emulsified Aggregate Weight
$ of Agg
(Must meet Residual
Asphalt Requirement) 7.5 min.
Residual Asphalt % of
Aggregate Weight
42
\Spec\2B6064.BPc
mixer. All aggregate
MI_ X� flow with asphalt.
erformed by continuous- coated
Mixing shall be P uniformly saturated and
particles shall be
FLOW MIXERS or spiral continuous fl°`"'
CONTINUOUS multiblade delivering a
mixer shall be a able of accuratelemulsion, and
The slurry condition aggregate, water, the
good workingortion mixer and of discharging
unit in g of
to the basis. Each mixer cellons
pre -determined P e ardant continuous
accelerator °r slurry on a quantity of water in gallons
hl mixedmetering device
thoroughly device to measure dthae Separate to measure
have a metering of slurry of the City Engineer
used in each load approval load of slurry•
eets the aPP in each
equivalent wh of emulsified asphalt used
the quantity
Transit mix trucks shall not be used.
material in
with flexible prevent
shall be equipped so as to P
Spreader box be maintaine ensure a uniform
The avement and shall adjustable hydraulic
contact with the P Shall be adz be
of slurry• It ipped with a mechanical box Shall
loss read and be equ The spreader
controlled spread Shifting device. eq
uivalent.
-- type of horizon au lap drag or approved
equipped with a
APPLICATION asphalt emulsion,
aggregate,
Of
mixing on the pavement where
The work shall consist reading the mixture l at 1,350 square
and spreading shall be aPP 1' Engineer. An
additive and water, Type II slurry the City aggregate plus
ton or as directed bythe
of dry water.
shown on the Plans.
feet per extra long of 2,000 P and
long ton is made ,c or retardant,
extra asphalt, accelerator Engineer.
emulsified shall be approved by the City Eng with
seal shall be removedo the
Quantities slurry days prior
in the area of the s or an
Any vegetation applied, at least ten (101 be Round UP
roved chemical PP The chemical used shall
placing approved
the slurry• Engineer.
placing roved by the City with the
equivalent approved the slurry seal
be joined by shall be covered with tar
All concrete surfaces u utter
tion of parallel curb and g
exception roved material. shall be clean
paper or any approve materials these sites
fling and batching Arrangement for
for stock P material.
The sites objectionable of the Contractor.
and free fog onsibility to remove
shall be the resp rovided
ui ment shall be P the spread box.
Hand squeegees and other pain ageas inaccessible to
Spillage and spread slurry
43
\spec\286064.spc
mixers for
use at
fully operational t be available for
shall have
two These mixee ght (48) hours prior to
The Contractor all times• forty -
the proJect sites at Agency
at least
inspection By the
commencing work.
SPREADING temperature is at least 10°C
laced only when
Slurry should be and when no rain
is expected.
o and rising �:00 a.m.
(50 F) commence until after
drto traffic
of slurry shall not cured to be op losed from the
The applicarry shall be sufficiently
ufficient Sealed shall be c
and the slurry streets to be Engineer determines the
4:00 p.m, The ins until the City to traffic.
by application beg to be opened
time the app sufficient set be done by
mixture has achieved pavement will
of existing hall thoroughly sweep or
reparation sneer, prior
Any necessary
preparation
Contractor f the City Eng
forces, however,
Agency to the satisfaction
the slurry•
clean the surface, application cleaned
to and after the aPP to be sealed shall be ahead of
lying slurry the surface InunediatelY water
spec if
a pressure
prior to app unless otherwise be by bar which will
by the mixer,
the pavement shall fog type spray The need for
the mixer, s stem equipped with the pavement. fined by the
distributed _ystem
surface °f shall be determ
completely fog of application
application and the rate
pilig of
City Engineer. balling or luhall be
of the asphalt, aggregates
Evidence of solidific presence of uncoated
the aggregates or slurry-
o
rejection of the ridges shall
caused for such a manner that n
Slurry shall be applied in
of the concrete
remain. overlap two (2)
applied with a maximum exceeding completion
shall be Any slurry material the comp
_ Slurry inches. the Contractor prior t°
gutter of two (21
shall be removed by
inches ect. utility
of the Pro] existing sealing
wired to work around all During of any
be required
facilities. owners
The Contract and willupup to cooperate with the said covers
facilities Cp°p protect
the Contractor shall completely
operations, and shall cover and comp
utility covers or other suitable material -
utility repair
with heavy Plastic
Engineer, the Contractor been sealed
of the City which have not
At the direction areas of the streets Agency.
and reseal completely at no
cost to the q
properly or
44
\spec\286064.8pc
in color, the strthe
is not uniform variation at
the completed slurry the color roved by
Where treated to eliminate hall be aPP
shall be The method of treatment s
Contractor's expense. roject
the City Engineer. at the P a
composed °f a coordinator operator,
etent quick set mixing cleanup
Each slurry crew
,hallbe
for any handwork,
site at all times, laborers
competent driver and sufficient
and barricading, CONTROL
Tgp,FFIC work, the
PUBLIC CONVENIENCE AND to commencing City for
days prior to the
calendar spreading schedule
At least ten all submit distance
tractor shall e shall allow residents on the
streets to
e
COri This
schedule within a the Contractor
approval. „on street" parking schedule, proposed work
ample Based on the spreading the prop
slurried to the City.
residents, and businesses cost
from their homes. signs at end of cul-de-sac
will notify sc o° a „NO PARKING" at hundred
and Post
temp all intersections maximum of two Dies,
Signs shall be posted at the street a
and on each side Of may be attached existing poles,
the
streets, Signs trees. When in
(200) feet between signs or parkway ��NO PARKING" signs shall be
light standards °Sts. The performing
the
street furnish P eight (48) hours prior tO P requiring
Contractor shall forty- changes in the schedule for
place not less than request for by the Contractor prior
work; therefore a req be submitted eight (48) hours P
posting shall forty -
additional Phe City Engirieer at least
approval by Of any said signs CTOR TO MEET
to posting OF THE CONTRA ER
POSTED. FAILURE TO CONDITIONS UM
ER
A STREET THE APPROVED DAILY SCHEDULE MA THE SCHEDULE
T IN DAMAGES BEING SUSTAINED B
AND COMP , CONTROL, WILL RESULT COMPLETE
CONTRACTORS, ET AND TO THE CITY, OR HA --
VR
THE CONTRA CTOR. FOR FAILURE TO L PAY FIFTY DOLLARS
THE CONTRA THE CONTRACTOR SHALL? TWO HUNDRED POSTING
AFTER POSTING, DUE, THE SUM
EACH DAY OF ADDITIONAL TION
WITHHELD FROM MONIES GES FOR EA NOTIFICA AND
($250.00} AS LIQUIDATED DAMAGES - SAID REPOSTING AND POSTING
MI83ED DAY THIS IS IN ADDITION
REQUIRED TO COMPLETE FOR pREkCHSEM WORKEXPENSE. CONTRACTOR
WILL BE REQUIRE CTOR S SUSTAINED BY THE
GE3 WHICH MAY BE IONTO
NOTIFICATION WILL BE AT CON ER INFORMATION TO BIDDERS•
TO ANY LIQUIDATED DAMA
AS STIPULATED IN ITEM 23 UNDER inconvenience to
involving some
Program is mandatory an
project will be
Due to the nature °f this
ublicRelations in this area
residents, a good ast performance
evidence of satisfactory P
to distribute up to two The
required. rogram.
- the Contracts ffected by the P
City will require residence regarding notification
The to each uired. The
"Public Notices" the Contractor are req
City shall notify ated that two notices
requirements; it is anticipated
45
\spec\286064.spc
first notice shall be distributed to each residence ten (10)
calendar days prior to the start of any work. The second notice
_ shall be distributed at least forty-eight (48) hours prior to the
start of work. A sample copy of the notice can be obtained from
the City. Said notice shall be attached to a red information
hanger provided by the Contractor and hung on the front door knob.
All complaints received by the City associated with the application
of the Slurry Seal alleging damage to private property and vehicles
shall be responded to by the Contractor within twenty-four (24)
hours of notification. Failure to comply with this provision may
result in a penalty of fifty dollars ($50.00) per occurrence.
All trucks which the Contractor proposes to use that exceeding the
legal load limit when loaded will be required to have overweight
permits from the City.
The Contractor shall be responsible for adequate barricading of the
work area and controlling of traffic in the vicinity of the project
as specified in Subsection 7-10 of the General Provisions.
When necessary to provide vehicular or pedestrian crossings over
the fresh slurry, the City Engineer may direct the Contractor to
spread sufficient sand or rock dust, or request that access be
provide to the affected area to eliminate tracking or damage to the
slurry. Sand, rock dust, or other measures used for this purpose
- shall be at the Contractor's expense.
MEASUREMENT AND PAYMENT
All weighmaster's certificates required by the Standard
Specifications or these Special Provisions shall be furnished by
the Contractor at no cost to the Agency.
Prior to the beginning of slurry operations, the Contractor shall
furnish current licensed weighmaster's certificates indicating the
net weight capacity of the aggregate bin of each slurry mixer.
Except for partial loads to complete a day's schedule, or for
patching, each mixer shall be filled to its rated capacity and the
City Engineer and the Contractor shall each keep a daily count of
the number of loads and/or partial loads applied to the streets by
each slurry mixer. Each aggregate bin shall have permanent
calibration marks in maximum increments of two (2) tons.
The Contractor shall supply the City Engineer with licensed
weighmaster's certificates of weight for all aggregates delivered
to the job during the course of each day. Aggregate so certified
as being delivered for use in the Contract shall be used only in
the slurry mixture, or when approved by the City Engineer, may at
no cost to the City, be spread over freshly applied slurry to
prevent tracking or damage to the slurry as required in the
Standard Specifications. The Contractor shall also present
\spec\286064.spc 4 6
weighmaster's certificate for the amount of such aggregate
remaining unused at the completion of the Contract. Payment shall
be determined by deducting the amount of unused aggregate from the
total from the total amount of aggregate delivered, all as shown on
the licensed weighmaster's certificates and shall be confirmed by
multiplying the number of loads spread by each slurry mixer times
the net weight capacity of each mixer as determined by the
weighmaster's certificates. Adjustment shall be made in the
calculations for partial loads and the quantity of aggregate used to
-- prevent tracking shall be deducted when determining the two
quantities. If there is an unaccountable difference between the two
quantities, final payment will be determined by the method showing
the lesser amount of aggregate used.
The contract unit price paid per extra long ton shall include full
compensation for furnishing emulsion, accelerator or retardant,
water (including water for dampening the pavement), all labor, tools,
equipment and incidentals and for doing all the work involved
(including street sweeping) in constructing the slurry seal - QUICK
_ SET EMULSION AGGREGATE SLURRY, TYPE II (CATIONIC) complete in place
as shown on the plans and in these specifications.
Full compensation for complying with the above requirements shall be
considered as included in the contract unit prices provided by the
Contractor.
TEST REPORTS AND CERTIFICATION
At the time of delivery of each shipment of asphalt, the vendor
supplying the material will deliver to the purchaser certified
copies of the test report shall indicate the name of the vendor,
type and grade of asphalt delivered, date and point of delivery,
quantity delivered, delivery ticket number, purchase order number,
and results of the specified tests. The test report, signed by an
authorized representative of the vendor, shall certify that the
product delivered conforms to the Specifications for the type and
grade indicated. The certified test reports and the testing
required in connection with the reports shall be at no cost to the
Agency.
Until the certified test reports and samples of the material have
been checked by the City Engineer to determine their conformity with
the prescribed requirements, the material to which such report
relates and any work in which it may have been incorporated as an
integral component, will be only tentatively accepted by the City.
Final acceptance will be dependent upon the determination by the
City Engineer that the material involved fulfills the prescribed
requirements.
\spec\286064.spc 47
PROTECTION OF WORK AND PUBLIC
The Contractor shall take all necessary measures to protect work and
prevent accidents during any and all phases of the work. The
Contractor shall repair all damaged slurry as a result of vandalism
(i.e. vehicle tracks, footprints, writing, etc.) If deemed
necessary by the City, the Contractor shall repair the defective
area in accordance with these Special Provisions, as directed by the
City Engineer, at no cost to the City.
TRAFFIC MARKINGS AND REFLECTORS
All striping and pavement marking work shall be in accordance with
the latest edition of the State of California Department of
Transportation Traffic Manual unless noted otherwise on the plans
or contained in these specifications.
All paint work shall be double coated and beaded, conforming to the
Standard Specifications for Public Works Construction, 1991 Edition
and all subsequent supplements. Paint type shall conform to
Section 210-1.6.3 Rapid Dry Traffic Line Paint.
All existing striping and pavement markers shall be documented and
replaced by the Contractor, as part of the contract.
All striping limit lines left illegible by slurry must be
temporarily replaced on the same day of slurry sealing. The method
of temporary striping must have prior approval by the City
Engineer.
All existing conflicting traffic markings and lines shall be
removed as required.
A minimum of seven (7) days shall be provided between first and
second paint work coatings.
- All raised pavement markers shall be reset using adhesives
specified in Sections 95-2.05, "Standard Set Epoxy Adhesive for
Pavement Markers", and 95-2.04, "Rapid Set Epoxy Adhesive for
Pavement Markers", contained in the State of California Department
of Transportation Standard Specifications, January 1988 Edition.
All existing fire hydrants are considered to have an identifying
-- blue reflectorized marker and said marker is expected to be
replaced.
Replacement of traffic striping and pavement markers shall be paid
for at a lump sum price. The lump sum price shall include full
compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in replacement
of traffic striping and pavement markers.
\spec\286064.spc 48
EXPLANATION OF BID ALTERNATE
BID ALTERNATE I: LATEX EMULSION
Emulsified asphalt shall be rapid setting cationic.
Mineral aggregate gradation and percentage of emulsified asphalt
shall conform to Section 203-5.
Latex - Latex shall be ultrapave (compatible with the type of
emulsified asphalt to be used in this project)
manufactured by Textile Rubber and Chemical Co., Inc., 14241
East Alondra Boulevard, La Mirada, CA, (714) 521-2233, or
approved equal. Latex emulsion shall be added to emulsified
asphalt at the asphalt plant at the rate of 2.5 parts latex
emulsion to 100 parts emulsified asphalt by volume. Each
gallon of latex emulsion shall have minimum solids content of
5.4 lbs. of dry rubber.
RUBBER CONTENT
1% 1-1/2% 2% 2-1/2% 3%
PER 100 GAL. EMULSION
LATEX, GAL. 1 1-1/2 2 2-1/2 3
_ RUBBER, LBS. 5.4 8.1 10.8 13.5 16.2
WATER, LBS. 2.5 3.75 5.0 6.25 7.5
PER GALLON EMULSION
LATEX, GAL. .010 .015 .020 .025 .030
RUBBER, LBS. .054 .081 .108 .135 .1620
WATER, LBS. .025 .038 .050 .062 .075
THE CONTRACTOR SHALL FURNISH A CERTIFIED STATEMENT FROM THE
MANUFACTURER OF THE EMULSION GIVING THE ANALYSIS OF THE BASE
ASPHALT USED IN ITS MANUFACTURE THE BRAND AND PERCENTAGE OF LATEX
ADDED TO THE EMULSIFIED ASPHALT TO BE USED ON CITY STREETS.
49
\spec\286064.spc
BID ALTERNATE II: THERMOPLASTIC PAVEMENT MARKERS
This bid item shall be an alternate to painted pavement markings,
crosswalk and limit lines, stop legend and Type IV arrows.
Thermoplastic placement shall be per CalTrans Specifications,
latest edition.
Raised pavement markers are described under the previous section on
pavement markings.
Payment will be made based on lump sum.
50
\spec\286064.spc
--------------------
STREET LISTING
CITY OF DIAMOND BAR
SLURRY SEAL - AREA 5
1994-1995 PROGRAM
STREET NAME
FROM
TO
LENGTH
WIDTH
AREA
SHEET
(L.F.)
(L.F.)
(S.F.)
N0.
--------------------------------------------------------------------------------------------------------------I
IACFOLD DR.
ICALBOURNE DR.
ICALPET DR. I
854 I
26 I
22,204
2
IADAMSGROVE AVE.
IMOONLAKE ST.
IEARLGATE ST.
297 I
32 I
9,504
2
JADAMSGROVE AVE.
IEARLGATE ST.
INORTHAMPTON ST.
370 I
32 I
11,840
2
IADEL AVE.
IGERNDAL ST.
IDAVAN ST.
688 I
32 I
22,016
3
IADEL AVE.
IGOLDEN SPRINGS DR.
IGERNDAL ST.
143 I
32 I
4,576
3
IAHTENA DR.
ICALBOURNE DR.
TEND ST.
430 I
24 I
10,320
2
IALDA CT.
(LEMON AVE.
TEND ST.
154 I
30 I
4,620
2
IARKLEY DR.
IFLINTGATE DR.
(END ST.
230 I
24 I
5,520
2
IARKLEY DR.
ICALPET DR.
IGOLDEN SPRINGS DR.
I 145 I
32 I
4,640
2 I
IBAIN AVE.
IGERNDAL ST.
TEND ST.
I 439 I
25 I
10,975
3 I
IBANNING WY.
IGOLDEN SPRINGS DR.
TEND ST.
I 222 I
25 I
5,550
2 I
IBELBURY DR.
IFLINTGATE DR.
TEND ST.
392 1
24 I
9,408
2 I
IBLACK HAWK DR.
ILEMON AVE.
ILARKSTONE DR.
I 312 I
32 I
9,984
2
IBLACK HAWK DR.
ILARKSTONE DR.
TEND ST.
I 300 I
30 I
9,000
2 I
IBLEHARM DR.
IRANGETON DR.
IGREENSIDE DR.
I 332 I
32 I
10,624
2 I
IBLENARN DR.
IRAPIDVIEW DR.
IRANGETON DR.
I 500 I
32 I
16,000
2 I
IBRIDGE GATE DR.
ICOPLEY DR.
IVALLEY VISTA DR.
I 2476
1 46 I
113,896
4 I
ICAL80URNE DR.
IDAMIETTA DR.
IWALNUT DR.
I 442
I 32 I
14,144
2 I
ICALBOURNE DR.
IGERNSIDE DR.
(GOLDEN SPRINGS DR.
I 173
I 36 I
6,228
2 I
ICALBOURNE DR.
IGERNSIDE DR.
TEND ST.
I 632
I 30 I
18,960
2 I
ICALBOURNE DR.
IAHTENA DR.
IACFOLD DR.
I 381
I 32 I
12,192
2 I
ICAL80URNE DR.
IACFOLD DR.
IDAMIETTA DR.
I 279
I 32 I
8,928
2 I
ICALBOURNE DR.
ICALPET DR.
IAHTENA DR.
I 310
I 32 I
9,920
2 I
ICALBOURNE DR.
IGOLDEN SPRINGS DR.
ICALPET DR.
I 142
I 32 I
4,544
2 I
ICALPET DR.
IARKLEY DR.
ICLORINDA DR.
I 295
I 32 I
9,440
2 I
ICALPET DR.
IFLINTGATE DR.
IARKLEY DR.
I 705
I 32 I
22,560
2 I
ICALPET DR.
IACFOLD DR.
ICALBOURNE DR.
I 186
I 32 I
5,952
2 I
ICALPET DR.
IDAMIETTA DR.
IACFOLD DR.
I 260
I 32 I
8,320
2
ICALPET DR.
ICLORINDA DR.
IDAMIETTA DR.
I 270
I 32 I
8,640
2 I
ICAMBON AVE.
INORTHAMPTON ST.
TEND ST.
I 182
I 24 I
4,368
2 I
ICAPEN AVE.
IDAVAN ST.
(GERNDAL ST.
I 830
I 32 I
26,660
3 I
ICHANDLER CT.
IWILLOW BUD DR.
TEND ST.
I 440
I 30 I
13,200
2
ICLEAR SPRING CT.
ILEMON AVE.
TEND ST.
I 169
I 30 I
5,070
2 I
(CLIMBER DR.
IHERN DR.
TEND ST.
I 569
I 30 I
17,070
2 I
ICLORINDA DR.
ICALPET DR.
IFLINTGATE DR.
I 726
I 30 I
21,780
2 I
ICOPLEY DR.
(BRIDGE GATE DR.
IGOLDEN SPRINGS DR.
I 290
I 76 I
22,040
4 I
ICOPLEY DR.
I
I
I 2628
I 60 I
157,680
4 I
(DAB CT.
ILARKSTONE DR.
((GATE)
I 103
I 36 I
3,708
2 I
IDAMIETTA DR.
ICAL80URNE DR.
ICALPET DR.
I 1386
I 30 I
41,580
2 I
IDARIUS AVE.
INORTHAMPTON ST.
TEND ST.
I 348
I 27 I
9,396
2 a 3 I
IDAVAN ST.
(ADSL AVE.
ICAPEN AVE.
I 430
I 32 I
13,760
3
IDAVAN ST.
ICAPEN AVE.
TEND ST.
I 132
I 34 I
4,488
3 I
IDRYANDER DR.
----------------------------------------------------------------------------------------------------------------
ILYCOMING ST.
TEND ST.
I 994
I 33 I
32,802
3 I
51
------------------------------------------------------------------------------------------------------------
STREET LISTING
CITY OF DIAMOND BAR
SLURRY SEAL - AREA 5
1994-1995 PROGRAM
--------------------------------------------I-----------------------------------------------------------------i
STREET NAME
FROM
TO
LENGTH
WIDTH
AREA
SHEET
(L.F.)
(L.F.)
(S.F.)
NO.
�-----------------------------------
- �EARLGATE ST.GLENWICK
------------------------------I-------------------I-----------------------
AVE
IADAMSGROVE AVE.
630
32
20,160 1
2 I
JEARLGATE ST.
ILEMON AV.
(END ST. 1
430 1
43 1
18,490 1
2
IFAIRLANCE DR.
IGOLD CANYON DR.
JHONEYHILL DR. 1
447 1
32 1
14,304 1
2
IFAIRLANCE DR.
JHONEYHILL DR.
IGERNSIDE DR.
922
32 1
29,504 1
2
IFAREL AVE.
lGERNDAL ST.
I END ST.
513
30 (
15,390 1
3
FIBRE CT.
ILINCOLN AVE.
JEND ST.
231
30 1
6,930 1
3
IFLINTGATE DR.
IBELBURY DR.
JARKLEY DR.
285
32 1
9,120 1
2
IFLINTGATE DR.
ICLORINDA DR.
IBEL.BURY DR.
260
32
8,320 1
2
IFLINTGATE DR.
IWALNUT DR.
ICLORINDA DR.
1 577
32
18,464 1
2
IFLINTGATE DR.
JARKLEY DR.
ICALPET DR.
1 270 1
32
8,640 1
2
(GACEL CT.
JGLENTHDRPE DR.
JEKD ST.
238
30
7,140
3
IGARZON PL.
JGLENBROOK DR.
I END ST.
643 (
30
19,290
3
GATEWAY CENTER DR.
IVALLEY VISTA DR.
IBRIDGE GATE DR.
280
60 1
16,800
4
(GATEWAY CENTER DR.
IGOLDEN SPRINGS DR.
IVALLEY VISTA DR.
400
76 1
30,400
4
(GATEWAY CENTER DR.
I
1
1450
60 1
87,000
4
JGERNDAL ST.
JADEL AVE.
ICAPEN AVE.
297
32 1
9,504 1
3
JGERNDAL ST.
IBAIN AVE.
1BREA CANYON RD.
196 1
32
6,272
3
- JGERNDAL ST.
1HARE AVE.
ISAIN AVE.
( 200 1
32
6,400
3
JGERNDAL ST.
ICAPEN AVE.
HARE AVE.
375
1 32
12,000
3
JGERNDAL ST.
(FAREL AVE.
JADEL AVE.
226
30
6,780
3
IGERNSIDE DR.
JHONEYHILL DR.
IKINGLAKE DR.
476
32
15,232
2
IGERNSIDE DR.
IKINGLAKE DR.
JEND ST.
290
32 1
9,280
1 2
IGERNSIDE DR.
IFAIRLANCE DR.
ICALBOURNE DR.
280
( 32 1
8,960
1 2
IGERNSIDE DR.
(CALBOURNE DR.
JHONEYHILL DR.
270
32 1
8,640
( 2
1GLENBROOK DR.
IGARZON PL.
IGLENCLAIRE DR.
250
1 32 1
8,000
1 3
(GLENBROOK DR.
IGLENCLAIR DR.
(GONA CT.
510
32 1
16,320
3
1GLENBROOK DR.
1GONA CT.
IRANGETON DR.
355
32 1
11,360
( 3
- 1GLENBROOK DR.
(BREA CANYON RD.
1GLENTHORPE DR.
162
32 1
5,184
3
1GLENBROOK DR.
1GLENTHORPE DR.
IGARZON PL.
284
32 1
9,088
3
IGLENCLAIRE DR.
JGLENWOLD DR.
IGLENBROOK DR.
578
32 1
18,496
3
1GLENTHORPE DR.
(GLENBROOK DR.
IGACEL CT.
( 284
32 1
9,088
1 3
1GLENTHORPE DR.
IGACEL CT.
JGLENWOLD DR.
1 275
1 32 1
8,800
1 3
1GLENTHORPE DR.
1GLENBROOK DR.
JEND ST.
1 700
1 30 1
21,000
1 3
(GLENWICK AVE
IEARL.GATE ST.
INOONLAKE ST.
1 305
1 36 1
10,980
( 2
- (GLENWICK AVE
IMOONLAKE ST.
JEND ST.
1 157
1 36 1
5,652
1 2
GLENWICK AVE
INORTHAMPTON ST.
ILYCOMING ST.
1 285
1 36 1
10,260
1 2
GLENWICK AVE
I NORTHAMPTON ST.
JEARLGATE ST.
( 505
1 36 1
18,180
1 2
JGLENWOLD DR.
1GLENTHORPE DR.
IGLENCLAIRE DR.
1 487
1 32 1
15,584
1 3
GOLD CANYON DR.
ILEMON AVE.
IFAIRLANCE DR.
1 662
1 32
21,184
1 2
(GONA CT.
IGOLDEN SPRINGS DR.
JENO ST.
( 432
1 36
15,552
1 3
IGONA CT.
1GLENBROOK DR.
JENO ST.
1 193
1 30
5,790
1 3
IGREENSIDE DR.
IBLENARM DR.
TEND ST.
1 444
1 30
13,320
1 2
IGREENSIDE DR.
IRAPIOVIEW DR.
IBLENARN DR.
1 334
1 32
10,688
1 2
52
---------------------------------------------------------------------------------------------------------------
STREET LISTING
CITY OF DIAMOND BAR
SLURRY SEAL - AREA 5
1994-1995 PROGRAM
--------------------------------------------I-----------------------------------------------------------------i
STREET NAME
FROM
TO
LENGTH WIDTH
AREA
SHEET
(L.F.) (L.F.)
(S.F.)
NO.
-----------------------------------------------------------------------------I--------I-----------------------I
"- IHARE AVE.
IGERNDAL ST.
TEND ST. I
455
24
10,920 I
3
IHERN DR.
JHDLLOW PINE DR.
(END ST. I
144 I
30
4,320 I
2
IHERN DR.
lHOLLOW PINE DR.
ICLIMBER DR. (
289 I
30
8,670 I
2
_ IHOLLOW PINE DR.
IRAPIDVIEW DR.
MAHOGANY CT.
313
32
10,016
2
IHOLLOW PINE DR.
(MAHOGANY CT.
IHERN DR.
I 313 I
32
10,016 I
2 I
(HOLLOW PINE DR.
IHERN DR.
ILEMON AVE.
I 490 I
32 I
15,680 I
2 I
(HONEYHILL DR.
IGERNSIDE DR.
IFAIRLANCE DR.
I 1300 I
32 I
41,600 I
2 I
IKELFIELD DR.
IRED BLUFF LN.
ILEMON AVE.
I 466 I
32 I
14,912 I
2 I
IKELFIELD DR.
IRAPIDVIEW DR.
(RED BLUFF LN.
I 516 I
32 i
16,512 I
2 I
IKINGLAKE DR.
IGERNSIDE DR.
IEND ST.
I 488 I
30 I
14,640 I
2 I
- ILARKSTONE DR.
IBLACK HAWK DR.
(DAB CT.
I 308 I
32 I
9,856 I
2
ILARKSTONE DR.
(DAB CT.
((GATE)
I 168 I
32 I
5,376 I
2 I
(LEMON AVE.
IBLACK HAWK DR.
IGOLD CANYON DR.
I 253 I
32 I
8,096 I
2 I
(LEMON AVE.
IWILLOW BUD DR.
(HOLLOW PINE DR.
I 217 I
36 I
7,812 I
2 I
ILEMON AVE.
ICLEAR SPRING CT.
(WILLOW BUD DR.
I 178 I
36 I
6,408 I
2 I
ILEMON AVE.
ITRUSS CT.
IBLACK HAWK DR.
I 200 I
36 I
7,200 I
2 I
ILENDN AVE.
IALDA CT.
IKELFIELD DR.
i 262 I
36 I
9,432
I 2 I
- ILEMON AVE.
IKELFIELD DR.
ITRUSS CT.
I 562 I
36 I
20,232
I 2 I
(LEMON AVE.
IHOLLOW PINE DR.
IALDA CT.
I 288 I
36 I
10,368
I 2 i
(LEMON AVE.
IGOLDEN SPRINGS DR.
ICLEAR SPRING CT.
I 295 I
36 I
10,620
I 2 I
- ILINCOLN AVE.
ISUNWOOD DR.
IFIBRE CT.
I 873 I
36 I
31,428
I 3
ILINCOLN AVE.
IFIBRE CT.
IWASHINGTON ST.
I 247 I
36 I
8,892
I 3
ILINCOLN AVE.
ILYCONING ST.
ISUNWOOD DR.
I 243 I
36 I
8,748
( 3 I
ILYCOMING ST.
IPINEFALLS AVE.
IBREA CANYON RD.
I 358 I
36 I
12,888
I 3 I
ILYCOMING ST.
IBREA CANYON RD.
ISILVER FIR RD.
I 397 I
36 I
14,292
( 3
ILYCOMING ST.
ILEMON AV.
IGLENWICK AVE.
I 622 i
37 I
23,014
I 2 I
ILYCOMING ST.
IPENARTH AVE.
IPINEFALLS AVE.
I 393 I
36 I
14,148
I 3 I
ILYCOMING ST.
IGLENWICK AVE.
IPENARTH AVE.
1 1240 I
36 I
44,640
I 2 & 3 I
ILYCOMING ST.
ILINCOLN AVE.
TEND ST.
I 413 I
36 I
14,868
I 3 I
ILYCOMING ST.
IDRYANDER DR.
ILINCOLN AVE.
I 354 I
36 I
12,744
I 3 I
ILYCOMING ST.
ISILVER FIR RD.
IDRYANDER DR.
I 477 I
36 I
17,172
I 3 I
ILYONWOOO AVE.
ISUNWOOD DR.
IRAINWOOD DR.
I 883 I
32 I
28,256
I 3 I
IMAHOGANY CT.
(HOLLOW PINE OR.
TEND ST.
I 375 I
30 I
11,250
I 2 I
IMOONLAKE ST.
IGLENWICK AVE
TEND ST.
I 373 I
26 I
9,698
I 2
IMOONLAKE ST.
IPINEFALLS AVE.
IADAMSGROVE AVE.
I 910 I
32 I
29,120
I 2 I
IMOONLAKE ST.
IPINEFALLS AVE.
TEND ST.
I 316 I
27 I
8,532
I 2 I
INORTHA14PTON ST.
IPINEFALLS AVE.
TEND ST.
I 424 I
32 I
13,568
I 3 I
INORTHAMPTON ST.
IPENARTH AVE.
IPINEFALLS AVE.
I 307 I
32 I
9,824
I 3 I
(NORTHAMPTON ST.
ICAMBON AVE.
IADAMSGROVE AVE.
i 310 I
32 I
9,920
I 2 I
INORTHAMPTON ST.
IGLENWICK AVE.
ICAMBON AVE.
I 300 I
32 I
9,600
I 2 I
_ INORTHA14PTON ST.
IDARIUS AVE.
(PENARTH AVE.
I 287 I
32 I
9,184
I 2 & 3
(NORTHAMPTON ST.
IADANSGROVE AVE.
IDARIUS AVE.
( 315 I
32 I
10,080
I 2 I
53
---------------------
STREET LISTING
CITY OF DIAMOND BAR
SLURRY SEAL - AREA 5
1994-1995 PROGRAM
-- STREET NAME
FROM
TO
LENGTH WIDTH
AREA (
SHEET
I
I
(L.F.) (L.F.)
------ ------
(S.F.)
------
NO.
---
------------------------------�
JPENARTH AVE.
ILYCOMING ST.
EMD ST. N.
250
4Z
10,500
3------
�
IPENARTH AVE.
INORTHAMPTON ST.
I END ST. S.
250
24
6,000
3
IPENARTH AVE.
ILYCOMING ST.
INORTHAMPTON ST.
268
32
8,576
3
IPINEFALLS AVE.
ILYCONING ST.
TEND ST.
250
42
10,500
3
1PINEFALLS AVE.
INORTHANPTON ST.
IMOONLAKE ST.
415
32
13,280
3
IRAINWOOD DR.
ISUMIERW000 AVE.
ILYONWOOD AVE.
260 I
32 I
8,320
3
IRAINWOOD DR.
IWINDWOOD DR.
ISUMIERWOOD AVE.
I 139
34
4,726
3
IRANGETON DR.
IGLENBROOK OR.
TEND ST.
I 166
34
5,644
3
IRANGETON DR.
IGLENBROOK DR.
IBLENARM DR.
I 1008
32
32,256
3
IRAPIDVIEW DR.
I(CUL DE SAC)
TEND ST.
419
36 (
15,084
3
IRAPIDVIEW DR.
IRAPIOVIEW DR.
(CUL DE SAC)
101
39
3,939 I
3
IRAPIDVIEW DR.
1GREENSIDE DR.
IHOLLOW PINE DR.
284 I
36 1
10,224
2
IRAPIDVIEW DR.
IHOLLOW PINE DR.
JBLENARM DR.
413 I
36 I
14,868
2 m 3
IRAPIDVIEW DR.
IBLENARM DR.
IKELFIELD DR.
173 I
36 I
6,228
3
- IRAPIDVIEW DR.
IKELFIELD DR.
(CUL DE SAC)
304 (
36
10,944
3
IRAPIDVIEW DR.
IGOLDEN SPRINGS DR.
IGREENSIDE DR.
127
36
4,572
2
IRED BLUFF LN.
IKELFIELD DR.
TEND ST.
397
30
11,910
I 2
ISILVER FIR RD.
IWINDWOOD DR.
ILYCOMING ST.
1076
36 (
38,736
I 3
- ISUMMERWDOD AVE.
IRAINWOOD DR.
ISUNWOOD DR.
863
32
27,616
3
1SUNWOOD DR.
ISUMNERNOOO AVE.
ILYONWOOD AVE.
250 I
32 I
8,000
3
ISUNWOOD DR.
ILINCOLN AVE.
TEND ST.
230
30 I
6,900
3
- ISUNWOOD DR.
ILYONWOOD AVE.
ILINCOLN AVE.
247
32 (
7,904
3
TREND CT.
IWILLOW BUD DR.
TEND ST.
1B7
30
5,610
2
TRUSS CT.
ILEMON AVE.
TEND ST.
277
30
8,310
I 2
-- IVALLEY VISTA DR.
(BRIDGE GATE DR.
IGATEWAY CENTER DR.
I 2476
46
113,896
I 4
IVIA SORELLA
IBREA CANYON RD.
TEND ST.
I 1299 (
26 (
33,774
I 3
IVIA SORELLA
I
I
I 620
36
22,320
3
WALNUT DR.
(LEMON AY.
ITUCKER LN.
1830
45
82,350
2
IWALNUT DR.
ITUCKER LN.
ICITY BOY.
2287
45
102,915
2
WALNUT DR.
ICALBOURNE DR.
IMOSCADA /CITY BOY.
403
26
10,075
2
WALNUT DR.
ICALBOURNE DR.
IFLINTGATE DR.
597 (
27 (
16,119
2
IWASHINGTON ST.
IWINDWOOD DR.
ILINCOLN AVE
647
60 I
38,820
3
WASHINGTON ST.
LINCOLN AVE
JEND ST.
909
60
54,540
3
WASHINGTON ST.
IBREA CANYON RD.
IWINDWOOD DR.
603
60
36,180
3
IWILLOW BUD DR.
JCHAKDLER CT.
ITREND CT.
460 (
36
16,560
2
WILLOW BUD DR.
IGOLD CANYON DR.
ICHANDLER CT.
244
32 (
7,808
2
WILLOW BUD DR.
ITREND CT.
ILEMON AVE.
450
36
16,200
2
IWINDWOOD DR.
ISILVER FIR RD.
TEND ST.
544
37
20,128
I 3
IWINDWOOD DR.
IRAINWOOD DR.
ISILVER FIR RD.
720
37
26,640
3
IWINDWOOD DR.
----------------------------------------------------------------------------------------------------------------
IWASHINGTON ST.
IRAINWOOD DR.
133
37
4,921
3
I I I
TOTAL I 79,472 FEET I 2,889,998 SQ -FT -
TOTAL 15.05 MILES
54
F
SLURRY SEAL PROJECT - AREA 5
TOTAL LENGTH: 14.0 MILES
PRIME CONTRACTOR LICENSE REQUIRED: A OR C12 OR C32
10
WALNUT
PROJECT
SITE Lvo
vALLEY s
oATwRNDER
INDEX OF SHEETS
HOLT
AVE.
7 ISSION
LVD.
POMONA
DIAMOND SAN BERNARDINO
BAR I COUNTY
VICINITY MAP
NOT TO SCALE
CHINO
HILLS
' SHEET
1 TITLE SHEET
APPROVED
SHEET
2-4 LOCATION MAPS
5 TYPICAL SECTION
CITY MANAGER
DATE
ISHEET
SHEET
6-7 PAVEMENT MARKING
SUBMITTED
DETAILS
CITY ENGINEER
DATE
REFERENCES: 679,(E-3) 679,(F,G,H-2,3,4)
REVIEWED
TG:1994
ED. 679,(J-3)DATE
II PROJECT
ENGINEER: R.C.E. N0.
DESIGNER:
CHECKER:
SHEET 1 OF 7 SHTS.
H. PAO
39087
H. PAO
J. HAMEL
rDio DB—AREAS.DWG
99
CITY OF DIAMOND BAR
TG: 679. (E-3) & (F.G-2.3.4) DRAWN: J.H.
SCALE: 1"= 600'
DATE: 3/94
56
M
t5
W
N
W
W
N
SLURRY SEAL PROJECT- AREA 5
SHEET
PROJECT N0. 2
i
N
r
W
W
W
N
CITY OF DIAMOND BAR
DRAWN: J.H.
TG: 679, (G.H-2.3.4)
"- 600' DATE: 3/94
SCALE: 57
S
SLURRY SEAL PROJECT - AREA 5
SHEET
PROJECT N0. 3
I
M
ti
W
N
W
W
N
- CITY OF DIAMOND BAR
& (H-4) DRAWN: J.H.
TG: 679. (H•J-3) (- 394
�"- 600' DATE:
SCALE: 58
AREA 5
SLURRY SEAL PROJECT _ SHEET
PROJECT NO- 4
WIDTH VARIES
SLURRY EXISTING PA^E`NsWRRYQE ISET
EXISTING PAVEMENT
E)asT. CURB
Ec GUTTER
&TS
GUTTER
TYPICAL SECTION
CITY OF DIAMOND BAR
DRAWN*
SCALE: N.T.S.
DATE- 3 /94
AREA
==SLURRY SEAL PROJECT - sHEE7
PROJECT N0. 5
J.H.
60
SHEET
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1
1 1�•
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w,111 to n.
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(2 LANE HIGHWAYS)
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61
SHEET
7
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO._
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 5, 1994 REPORT DATE: June 30, 1994
FROM: George A. Wentz, Interim City Engineer
TITLE: Golden Springs Drive Landscape Medians from Westerly City Limit to Lemon Avenue.
SUMMARY: To provide a uniform landscaping theme along Golden Springs Drive, landscape medians have
been identified between the westerly City limit and Gona Court as part of the Landscaping Assessment District
No. 38 improvements. At this time, construction of said medians will be limited between the westerly City
limit and Lemon Avenue and that the plans and specifications have been prepared for the City Council's
approval.
RECOMMENDATION: It is recommended that the City Council adopt Resolution 94 -XX to approve the plans
and specifications of the Golden Springs Drive Landscape Medians Project and authorize the City Clerk to
advertise the project for bids.
LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification
X Resolution(s) X Bid Specifications (on file in City Clerk's office)
_ Ordinances(s) _ Other:
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? Yes X No
4. Has the report been reviewed by a Commission? X Yes _ No
Which Commission? Traffic and Transportation Commission
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments:
Department of Community Services
REVIEWED BY:
City Manager
Assisrant L.1ty 1vIdlidg'C[
C: \W P60\LWDAKAY W GEND-9\(,IdspMed.705
George A. Wentz
Interim City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: July 5, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Golden Springs Drive Landscape Medians from Westerly City Limit to Lemon Avenue
ISSUE STATEMENT:
The Golden Springs Drive Landscape Medians Project has been identified as part of the Landscaping
Assessment District #38 improvements. This report requests the City Council's approval and authorization to
advertise the project for bids.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution 94 -XX to approve the plans and specifications of the
Golden Springs Drive Landscape Medians Project and authorize the City Clerk to advertise the project for bids.
FINANCIAL SUMMARY:
The engineer's estimate is$260,000 and is part of the City's approved Capital Improvement Program.
BACKGROUND/DISCUSSION:
Golden Springs Drive landscape medians between the westerly City limit and Gona Court have been identified
as part of the Landscaping Assessment District #38 improvements. At this time, construction of said medians
will be limited between the westerly City limit and Lemon Avenue. A map is attached for your use. The
remainder of these landscape medians will be done either by the developer or, if necessary, by the City at a
later date.
Plans and specifications for the Golden Springs Drive Landscape Medians Project are complete. The work to
be performed under the plans and specifications consists of construction of approximately one (1) mile of
median curbs, drainage facilities, landscaping, irrigation and other incidental improvements.
1
Golden Springs Drive Landscape Medians Project
June 30, 1994
Page Two
Key aspects of requirements placed upon the contractor include:
• Plan and schedule to be submitted at least ten (10) days before beginning work.
• Traffic control plans.
• Notification to residents 10 days and 48 hours prior to when work is to be performed at their location.
• Notification to other agencies.
• Completion of all work within 60 calendar days.
• Liquidated damages of $500/day for non-performance.
All customary insurance and bonds have been included. The contract and bid documents have been prepared
in cooperation with the City Attorney.
Staff has prepared a tentative schedule for the various project activities. They are as follows:
Specifications to City Council for approval and
and authorize City Clerk to advertise for bids July 5, 1994
Bid Opening August 2, 1994
Award of Contract August 16, 1994
Notice to Proceed August 29, 1994
Start of Construction August 29, 1994
Completion of Construction October 31, 1994
Prepared By:
David G. Liu
C:\wp60\LUqDAKAY\CCR-94\GldSpMed.705
KJ
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN
SPRINGS DRIVE LANDSCAPE MEDIANS FROM THE WESTERLY CITY
LIMIT TO LEMON AVENUE IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
B. Recitals
(i) WHEREAS, it is the intention of the City of Diamond
Bar to construct certain improvements in the City.
(ii) WHEREAS, the City has prepared plans and
specifications for the construction of certain improvements.
B. Resolution
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented by the City be and are hereby approved as
the plans and specifications for:
The Golden Springs Drive Landscape Medians from the
Westerly City Limit to Lemon Avenue
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise as required by law for the
receipt of sealed bids or proposals for doing of the work specified
in the aforesaid plans and specifications, which said advertisement
shall be inform and content as approved by the City Attorney and a
copy of this Resolution shall be contained in each specification
package for the work:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City
of Diamond Bar, directing this notice, NOTICE IS HEREBY GIVEN that
the said City of Diamond Bar will receive at the office of the City
Clerk in the City Hall of the City of Diamond Bar, on or before the
hour of 10:00 o'clock A.M. on the 2nd day of August, 1994, sealed
bids or proposals for:
The Golden Springs Drive Landscape Medians from the
Westerly City Limit to Lemon Avenue
Bids will be opened and publicly read immediately
thereafter.
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar clearly marked:
"Bid: City of Diamond Bar, The Golden Springs Drive Landscape
Medians from the Westerly City Limit to Lemon Avenue, to be
opened at 10:00 a.m. on August 2, 1994"
PREVAILING WAGE: Notice is hereby given that in
accordance with the provisions of California Labor Code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public
work is performed, and not less than the general prevailing rate of
per diem wages for -work of a similar character in the locality in
which the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work.
In that regard, the Director of the Department of Industrial
Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies
of such prevailing rates of per diem wages are on file in the
office of the City Clerk, 21660 E. Copley Drive, Suite 100, Diamond
Bar, California, and are available to any interested party on
request. The Agency also shall cause a copy of such determinations
to be posted at the job site.
Pursuant to Labor Code § 1775, the Contractor shall
forfeit, as penalty to the City, not more than fifty dollars
($50.00) for each laborer, workman, or mechanic employed for each
calendar day or portion thereof, if such laborer, workmen, or
mechanic is paid less than the general prevailing rate of wages
hereinbefore stipulated for any work done under the attached
contract, by him or by any subcontractor under him, in violation of
the provisions of said Labor Code.
In accordance with the provisions of § 1777.5 of the
Labor Code, as amended, and in accordance with the regulations of
the California Apprenticeship Council, properly indentured
apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in S S 177.5 and
1777.6 of the Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him.
§ 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable
occupation to apply to the joint apprenticeship committee nearest
the site of the public works project and which administers
apprenticeship program in that trade for a certificate of approval.
The certificate will also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract.
The ratio of apprentices to journeymen in such cases shall not be
less than one to five except:
A. When employment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
B. When the number of apprentices in training in the
area exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
D. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other Contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of § § 1777.5 and 1777.6 in the employment of
apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed in the execution of this contract and
the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do
with working hours as set forth in Division 2, Part 7, Chapter 1,
Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City,
twenty-five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore
mentioned, for each calendar day during which said laborer,
workmen, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to
each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance
with Labor Code § 1773.8.
The bidder must submit with his proposal cash, cashier's
check, certified check, or bidder's bond, payable to the City for
an amount equal to at least ten percent (10%) of the amount of said
bid as a guarantee that the bidder will enter into the proposed
contract if the same is awarded to him, and in event of failure to
enter into such contract said cash, cashier's check, certified
check, or bond shall become the property of the City.
If the City awards the contract to the next lowest
bidder, the amount of the lowest bidder's security shall be applied
by the City to the difference between the low bid and the second
lowest bid, and the surplus, if any, shall be returned to the
lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be one hundred
percent (100$) of the contract price thereof, and an additional
bond in an amount equal to one hundred percent (100%) of the
contract price for said work shall be given to secure the payment
Of claims for any materials or supplies furnished for the
performance of the work contracted to be done by the Contractor,
will also be required to furnish a certificate that he carries
compensation insurance covering his employees upon work to be done
under contract which may be entered into between him and the said
City for the construction of said work.
No proposal will be considered from a Contractor who is
not licensed as a Class A and/or C-12 and/or C-32 contractor at
time of bid in accordance with the provisions of the Contractor's
License Law (California Business and Professions Code, Section
7000, et seq.) and rules and regulations adopted pursuant thereto
or to whom a proposal form has not been issued by the City.
The work is to be done in accordance with the profiles,
plans, and specifications of the City of Diamond Bar on file in the
Office of the City Clerk. Copies of the plans and specifications
will be furnished upon application to the
$20.00, said $20.00 is non-refundable. City and payment of
Upon written request by the bidder, copies of the plans
and specifications will be mailed when said request is accompanied
by payment stipulated above, together with an additional
charges
an o e payment of $10.00 to cover the cost of mailing
charges and overhead.
The successful bidder will be required to enter into a
contract satisfactory to the City.
In accordance with the requirements of Section 9-3.2 of
the General Provisions, as set forth in the Plans and
Specifications regarding the work contracted to be done by the
Contractor, the Contractor may, upon the Contractor's request and
at the Contractor's sole cost and expense, substitute authorized
securities in lieu of monies withheld (performance retention).
The City of Diamond Bar reserves the right to reject any
and all bids. No bidder may withdraw a bid for a period of sixty
(60) days after the date of the bid opening.
By order of the City Council of the City of Diamond Bar.
Dated this day of 1994.
1994. PASSED, APPROVED AND ADOPTED day of
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, approved
and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of
following Roll Call vote: , 1994, by the
AYES:
COUNCILMEMBERS -
NOES:
COUNCILMEMBERS -
ABSENT:
COUNCILMEMBERS -
ABSTAINED:
COUNCILMEMBERS -
LY WA BURGESS, City Clerk
City of Diamond Bar
c:\wp6Nindakay\reso-94\GldSpMed.705
CITY OF DIAMOND BAR
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
PHASE I
GOLDEN SpRINGS DRIVE MEDIAN ISLAND PROJECT
FROM WEST CITY BOUNDARY. TO LEMON AVENUE
CITY OF DI ND BAR
Gary H. Werner, Mayor
Clair W. Harmony, Mayor Pro -Tem
Eileen R. Ansari, Councilmember
Gary G. Miller, Councilmember
Phyllis E. Papen, Councilmember
Terrence L. Belanger, City Manager
G- Yl p Fye
No.�3�990087q x
CITY OF DIAMOND BAR
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
PHASE I
GOLDEN SPRINGS DRIVE MEDIAN ISLAND PROJECT
FROM WESTERN CITY BOUNDARY TO LEMON AVENUE
PREPARED BY: Dwight French & Associates, Inc.
1470 S. Valley Vista Dr., Suite 140
Diamond Bar, California 91765
Telephone: (909) 860-3566
The City Clerk of the City of Diamond Bar, California will
receive at her office in the City Hall, in said City, until
10:00 a.m. on August 2, 1994, sealed proposals for the
__ performance of the above described services.
TABLE OF CONTENTS
ITEMS
PAGES
NOTICE INVITING SEALED BIDS ...............................
1 -
2
CITY COUNCIL RESOLUTION ...................................
3 -
7
INFORMATION FOR BIDDERS ...................................
8 -
13
PROPOSAL FORM.............................................14
-
15
- SCHEDULE OF PRICES........................................16
-
18
LIST OF SUBCONTRACTORS ....................................
19
CONTRACTOR INDUSTRIAL SAFETY RECORD .......................
20
AFFIDAVIT FOR CO -PARTNERSHIP FIRM .........................
21
AFFIDAVIT FOR CORPORATION BIDDER ..........................
22
- AFFIDAVIT FOR INDIVIDUAL BIDDER ...........................
23
AFFIDAVIT FOR JOINT VENTURE ...............................
24
FAITHFUL PERFORMANCE BOND .................................
25
LABOR AND MATERIAL BOND ...................................
26
BIDDER'S BOND .............................................
27
- CERTIFICATE OF NON-DISCRIMINATION
AND AFFIRMATIVE ACTION ....................................
28
_ CERTIFICATE WITH REGARD TO THE PERFORMANCE
OF PREVIOUS CONTRACTS AND SUBCONTRACTS ....................
29
NON -COLLUSION AFFIDAVIT ...................................
30
GENERAL PROVISIONS.........................................31
- 35
-- SPECIAL PROVISIONS.........................................36
-
61
STANDARD DRAWINGS.......................................APPENDIX A
CITY OF DIAMOND BAR
NOTICE INVITING SEALED BIDS
FOR
-- PHASE I
GOLDEN SPRINGS DRIVE MEDIAN ISLAND PROJECT
FROM WESTERN CITY BOUNDARY TO LEMON AVENUE
_ RECEIPT OF PROPOSALS: Sealed proposals will be received at the
office of the City Clerk, City Hall, Diamond Bar, California, until
10:00 o'clock a.m. on August 2, 1994 for the furnishing of all
labor, materials and equipment for approximately one (1) mile of
median island construction, landscaping, irrigation and other
incidental and appurtenant work. The words "Bid: City of Diamond
Bar, Phase I Golden Springs Drive Median Island Project to be
_ opened at 10:00 o'clock a.m. on August 2, 1994" shall appear on the
envelope of each sealed bid and each sealed envelope shall be
addressed to the City Clerk, City Hall, Diamond Bar, California
91765. The proposals will be publicly opened and read in the City
Hall, Diamond Bar, California, at 10:00 o'clock a.m. on August 2,
1994.
DESCRIPTION OF WORK: The work to be performed or executed under
these Specifications consists of and includes the construction of
approximately one (1) mile of median curbs, landscaping, irrigation
and other incidental and appurtenant work necessary
for the proper
construction of the contemplated improvement, as indicated on the
project plans.
COMPLETION OF WORK: All work shall be completed within sixty (60)
calendar days after the Notice to Proceed is issued by the City.
ENGINEER'S ESTIMATE: The Phase I Golden Springs Drive Median
Island Project is estimated to cost $291,424.00, all in accordance
with the provisions of the Plans, Specifications, Notices and
Instructions to Bidders.
OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all
contract documents may be obtained at the office of the City Clerk,
City Hall, Diamond Bar, California 91765, upon payment of a non-
refundable fee of $30.00. There is a charge of $40.00 for each set
of plans and specifications that are requested to be mailed.
1
PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by
a cashier's or certified check or by a bid bond in the amount of
ten percent (10%) of the bid price payable to the City of diamond
Bar as a guarantee that the bidder, if his proposal is accepted,
will promptly execute the contract, secure payment of Workmen's
Compensation Insurance, furnish a satisfactory Faithful Performance
Bond in the amount of one hundred percent (100%) total bid price,
and a Labor and Material Bond in an amount not less than one
hundred percent (100%) of the contract price. Said bonds to be
_ secured from a surety company authorized to do business f then the
City
State of California, and subject to the approval
Attorney.
PREVAILING WAGE RATE: As required by the California Labor Code,
Section 1770 et seq. the City Council of the City of Diamond Bar
incorporates herein by reference the general prevailing rate of per
_ diem wages as determined by the Director of Industrial Relations of
the State of California. Copies of the prevailing rate of per diem
wages are on file in the office of the City Clerk and will be made
available to any interested party upon request. In accordance with
the Labor Code, no workman employed upon work under this contract
shall be paid less than the above referenced prevailing wage rate.
A copy of said rates shall be posted at each job site during the
course of construction.
Any classification omitted herein shall be paid not less than the
prevailing wage scale as established for similar work in the
particular area, and all overtime shall be paid at the prevailing
rates as established for the particular area. Sunday and holiday
time shall be paid at the wage rates determined by the Director of
Industrial Relations.
PAYMENT: Payment will be made to the Contractor in accordance with
the Specifications.
CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right
to reject any and all proposals or bids, should it deem this
necessary for the public good, and also the bid of the bidder who
has been delinquent or unfaithful in any former contract with the
City of Diamond Bar. No bidder may withdraw his bid for a period
of thirty (30) days after the date of the bid opening.
CITY OF DIAMOND BAR, CALIFORNIA
DATE:
_ By: Lynda Burgess, City Clerk
2
RESOLUTION NO. 94-
A RESOLUTION OF THE COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
FOR THE PHASE I GOLDEN SPRINGS DRIVE MEDIAN
ISLAND PROJECT, FROM WESTERN CITY BOUNDARY TO
LEMON AVENUE IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to
construct certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the construction of certain improvements.
_ NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City of Diamond Bar be and are
hereby approved as the specifications for the Phase I Golden
Springs Drive Median Island Project From Western City Boundary to
Lemon Avenue.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise as required by law for the
receipt of sealed bids or proposals for doing of the work specified
in the aforesaid plans and specifications, which said advertisement
shall be substantially in the following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of
Diamond Bar, Los Angeles County, California, directing this notice,
NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will
receive at the office of the City Clerk in the City Hall of Diamond
Bar, on or before the hour of 10 o'clock a.m. on the 2nd day of
August, 1994, sealed bids or proposals for the Phase I Golden
Springs Drive Median Island Project From Western City Boundary to
Lemon Avenue.
Bids will be opened and publicly read immediately in the
office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond
Bar, California 91765-4177.
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar, California, marked, "Bid for
the Phase I Golden Springs Drive Median Island Project From Western
City Boundary to Lemon Avenue.
PREVAILING WAGE: Notice is hereby given that in accordance
with the provisions of California Labor Code, Division 2, Part 7,
- Chapter 1, Articles 1 and 2, the Contractor is required to pay not
less than the general prevailing rate of per diem wages for work of
3
a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of
California is required to and has determined such general
prevailing rates of per diem wages are on file in the office of the
City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley
Drive, Diamond Bar, California, and are available to any interested
party on request. The Contracting Agency also shall cause a copy
of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of
Diamond Bar, not more than twenty-five dollars ($25.00) for each
- laborer, workman, or mechanic employed for each calendar day or
portion, thereof, if such laborer, workman, or mechanic is paid
less than the general prevailing rate of wages hereinbefore
stipulated for any work done under the attached contract, by him or
by any subcontractor under him, in violation of the provisions of
said Labor Code.
In accordance with the provisions of Section 1777.5 of the
Labor Code as amended by Chapter 971, Statutes of 1939, and in
accordance with the regulations of the California Apprenticeship
- Council, properly indentured apprentices may be employed in the
prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 and
1777.6 of the Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen
that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
-- A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of fifteen
percent (15%) in the ninety (90) days prior to the request for
certificate, or
B. When the number of apprentices in training in the area exceeds
a ratio of one to five (1:5), or
C. When the trade can show that it is replacing at least 1/30 of
its membership through apprenticeship training on an annual
-- basis statewide or locally, or
4
D. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an annual
average of not less than one (1) apprentice to eight (8)
journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other Contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply with
the requirements of Sections 1777.5 and 1777.6 in the employment of
apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work
for all workmen employed in the execution of this Contract and the
— Contractor and any subcontractor under him shall employ with and be
governed by the laws of the State of California having to do with
working hours as set forth in Division 2, Part 7, Chapter 1,
Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of
Diamond Bar, twenty-five dollars ($25.00) for each laborer,
workman, or mechanic employed in the execution of the contract, by
him or any subcontractor under him, upon any of the work
hereinbefore mentioned, for each calendar day during which said
laborer, workman, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each
workman needed to execute the work required by this Contract as
such travel and subsistence payments are defined in the applicable
collective bargaining agreements filed in accordance with Labor
Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's
check, certified check, or bidder's bond, payable to the City of
Diamond Bar for an amount equal to at least ten percent (10%) of
the amount of said bid as a guarantee that the bidder will enter
into the proposed Contract if the same is awarded to him, and in
-- the event of failure to enter into such Contract said cash,
cashier's check, certified check, or bond shall become the property
of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the next
lowest bidder, the amount of the lowest bidder's security shall be
applied by the City of Diamond Bar to the difference between the
low bid and the second lowest bid, and the surplus, if any, shall
be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be one hundred
percent (100%) of the contract price thereof, and a labor and
material bond in an amount equal to one hundred percent (100%) of
the contract price for said work shall be given to secure the
payment of claims for any materials or supplies furnished for the
performance of the work contracted to be done by the Contractor, or
any work or labor of any kind done thereon, and the Contractor will
also be required to furnish a certificate that he carries
compensation insurance covering his employees upon work to be done
under contract which may be entered into between him and the said
City of Diamond Bar for the construction of said work.
No proposal will be considered from a Contractor who is not
licensed as a contractor at time of award in accordance with the
provisions of the Contractor's License Law (California Business and
Professions Code, Section 7000 et seq.) and rules and regulations
- adopted pursuant thereto or to whom a proposal form has not been
issued by the City of Diamond Bar.
The work is to be done in accordance with the profiles, plans,
and specifications of the City of Diamond Bar on file in the office
of the City Clerk at the City Hall, Diamond Bar, California.
Copies of the plans and specifications will be furnished upon
application to the City of Diamond Bar and payment of thirty
dollars ($30.00), said $30.00 is non-refundable.
Upon written request by the bidder, copies of the plans and
specifications will be mailed when said request is accompanied by
payment stipulated above, together with an additional
nonreimbursable payment of ten dollars ($10.00) to cover the cost
of mailing charges and overhead.
The successful bidder will be required to enter into a
contract satisfactory to the City of Diamond Bar.
In accordance with the requirements of Section 903 of the
General Provisions, as set forth in the Plans and Specifications
regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the
Contractor's sole cost and expense, substitute authorized
securities in lieu of monies withheld (performance retention).
The City of Diamond Bar, California, reserves the right to
- reject any and all bids.
6
By order of the City Council of the City of Diamond Bar,
California.
Dated this day of 1994.
PASSED, ADOPTED and APPROVED by the City Council of the City
_ of Diamond Bar, California, this day of , 1994.
ATTEST:
City Clerk
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar,
California, do hereby certify that the foregoing Resolution was
duly and regularly passed and adopted by the Council of the City of
- Diamond Bar, California, at its regular meeting held on the
day of , 1994, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar,
California
7
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form
attached to be submitted at such time and place as is stated
in the Notice Inviting Sealed Bids. All bids should be made
-- in accordance with the provisions of the Standard
Specifications for Public Works Construction, 1991 Edition
(with all supplements). All blanks on the bid form must be
appropriately filled in. All bids shall be submitted in
sealed envelopes bearing on the outside the name of the
bidder, his address, and the name of the project for which the
bid is submitted. It is the sole responsibility of the bidder
to see that the bid is received in the proper time. Any bid
received after the scheduled closing time for receipt of bids
will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by
cash or by a cashier's or certified check or by a bid bond in
_ the amount of not less than ten percent (10%) of the amount
named in the proposal. Said check or bond shall be made
payable to the City Clerk of the City of Diamond Bar and shall
be given as a guarantee that the bidder, if awarded the work,
will enter into a contract within ten (10) days after written
notice of the award and will furnish the necessary bonds as
hereinafter provided. In case of refusal or failure to enter
said contract, the check or bond, as the case may be, shall be
forfeited to the City. No bidder's bond will be accepted
unless it conform substantially to the form furnished by the
City, which is bound herein, and is properly filled out and
executed.
3. SIGNATURE: The bid must be signed in the name of the bidder
and must bear the signature in longhand of the person or
persons duly authorized to sign the bid on behalf of the
bidder.
4. MODIFICATIONS: Changes in or addition to the bid form,
recapitulations of the work bid upon, alternative proposals or
any other modifications of the bid form which is not
specifically called for in the contract documents may result
in the Owner's rejection of the bid as not being responsive to
the invitation to bid. No oral or telephonic modification of
any bid submitted will be considered but a telegraphic
modification of any bid submitted will be considered and only
if a postmark evidences that a confirmation of the telegram
duly signed by the bidder was placed in the mail prior to the
opening of bids. The bid submitted must not contain any
erasures, interlineation, or other corrections unless each
such correction is suitably authenticated by affixing in the
margin immediately opposite the correction the surname or
surnames of the person or persons signing the bid.
8
5. DISCREPANCIES IN THE PROPOSALS: In case of discrepancy
between words and figures, the words shall prevail. If the
amounts bid on individual items (if called for) do not in fact
add to the total amount shown by the bidder, the correctly
added total of the individual items shall prevail over the
total figure shown. The estimated quantities and amounts are
_ for the purpose of comparison of bids only. The City Council
of the City of Diamond Bar reserves the right to reject any or
all bids and to waive any irregularity or informality in any
bid to the extend permitted by law.
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine
carefully the site of the proposed work and the contract
documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
encountered as to the character, quality, and quantity of
materials to be furnished, and as to the requirements of the
contract, specifications and drawings. The name of the
individual who examined the site of the work and the date of
such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have
personally examined the site and the drawings, to have
carefully read the specifications, and to have satisfied
himself as to his ability to meet all the difficulties
attending the execution of the proposed contract before the
delivery of his proposal, and agrees that if he is awarded the
contract, he will make no claim against the City of Diamond
Bar based on ignorance or misunderstanding of the contract
provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either
personally, by written request, or by telegraphic request
confirmed in the manner specified above at any time prior to
the scheduled closing time for receipt of bids.
_ 8. INSURANCE AND BONDS: The Contractor shall not commence work
under this contract until he has secured all insurance and
bonds required under this section nor shall he allow any
subcontractor to commence work on this subcontract until all
similar insurance issued in compliance with this section shall
be issued in the form, and be an insurer of the insurers,
satisfactory to and first approved by the City in writing.
Certificates of Insurance in the amounts required shall be
furnished by the Contractor to the City prior to the
commencement of work.
- The Contractor shall maintain adequate Workmen's Compensation
Insurance under the laws of the State of California for all
labor employed by him or by any subcontractor under him who
may come within the protection of such Workmen's Compensation
Insurance laws.
0
The Contractor shall maintain public liability insurance to
protect said Contractor and the City against loss from
liability imposed by law, for damages on account of bodily
injury, including death resulting therefrom, suffered or
alleged to have been suffered by any person or persons, other
than employees, resulting directly or indirectly from the
performance or execution of this contract or any subcontract
thereunder, and also to protect said Contractor and the City
against loss from liability imposed by law, for damage to any
property, damage insurance shall be maintained by the
Contractor in full force and effect during the entire period
of performance under this contract, in the amount of not less
than $1,000,000 for one person injured in the accident and in
the amount of not less than $1,000,000 for more than one
person injured in one accident and in the amount of not less
than $1,000,000 with respect to any property damage aforesaid.
The Contractor shall secure with a responsible corporate
surety, or corporate sureties, satisfactory bonds conditioned
_ upon faithful performance by the Contractor of all
requirements under the contract and upon the payment of claims
of materials, men and laborers thereunder. The Faithful
Performance Bond shall be in the sum of not less than one
hundred percent (1000 of the estimated aggregate amount of
the payment to be made under the contract computed on the
basis of the prices stated in the proposal. The Labor and
Material Bond shall be in the sum of not less than one hundred
percent (100%) of the estimated aggregate amount of the
payments to be made under the contract computed on the basis
of the prices stated in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person
contemplating submitting a bid for proposed contract is in
doubt as to the true meaning of any part of the drawings,
specifications, or other contract documents, or finds
discrepancies in, or omissions from the drawings and
specifications, he may submit to the City a written request
for an interpretation or correction thereof. The person
submitting the request will be responsible for its prompt
delivery. Any interpretation or correction of the contract
documents will be made only by Addendum duly issued and a copy
of such addendum will be mailed or delivered to each person
receiving a set of the contract document. No person is
— authorized to make any oral interpretation of any provision in
the contract documents to any bidder, and no bidder is
authorized to rely on any such unauthorized oral
interpretation.
10
10. DISQUALIFICATION OF BIDDERS: More than one proposal from an
individual, firm partnership, corporation, or association
under the same or different names, will not be considered.
Reasonable grounds for believing that any bidder is interested
in more than one proposal for the work contemplated will cause
the rejection of all proposals in which such bidder is
interested. If there is reason for believing that collusion
exists among the bidders, all bids will be rejected and none
of the participants in such collusion will be considered in
future proposals.
No award will be made to any bidder who cannot give
satisfactory assurance as to his ability to carry out the
Contract, both from his financial rating and by reason of his
previous experience as a Contractor on work of the nature
contemplated in the Contract. The bidder may be required to
submit his record of work of similar nature to that proposed
under these specifications, and unfamiliarity with the type of
work may be sufficient cause for rejection of the bid.
11. AWARD OF CONTRACT: The City may award the Contract to the
lowest responsible bidder on the total base bid or on any one
of the alternates indicated in the proposal. Bids will be
compared on the basis of the lowest possible cost relative to
the alternate or alternates selected and the Contract, if
awarded, will be awarded to a responsible bidder whose
proposal complies with the requirements of these
specifications. The award, if made, will be made within sixty
(60) calendar days after the opening of the proposals;
provided that the award may be made after said period of the
successful bidder shall not have given the City written notice
of the withdrawal of his bid.
12. ALTERNATES: If alternate bids are called for, the Contract
may be awarded at the election of the governing board to the
lowest responsible bidder on the base bid, or on the base bid
and any alternate or combination of alternates. Bids shall
follow the requirements stipulated in the bid sheets. City
will decide the alternates first before selecting the
responsible low bidder.
13. COMPETENCY OF BIDDERS: In selecting the lowest responsible
bidder, consideration will be given not only to the financial
standing but also to the general competency of the bidder for
the performance of the work covered by the proposal.
14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of
the proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Government
Code Section 4100 and following). Forms for this purpose are
furnished with the contract documents.
11
15. WORKMEN'S COMPENSATION: In accordance with the provisions of
Section 3700 of the Tabor Code, the Contractor shall secure
the payment of compensation to his employees. The Contractor
shall sign and file with the City the following certificate
prior to performing the work under this contract: "I am aware
of the provisions of Section 3700 of the Labor Code which
- require compensation or to undertake self insurance in
accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of the
_ work of this contract." The form of such certificate is
included as part of the contract documents.
16. BID DEPOSIT RETURN: Deposits of three or more low bidders,
the number being at the discretion of the City, will be held
for sixty days or until posting by the successful bidder of
the Bonds required and return of executed copies of the
Agreement, whichever first occurs, at which time the deposits
will be returned after consideration of the bids.
_ 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall
execute a written contract with the City on the form agreement
provided, and shall secure all insurance and bonds as herein
provided within ten (10) days from the date of written notice
- of the award. Failure or refusal to enter into a contract as
herein provided, or to conform to any of the stipulated
requirements in connection therewith shall be just cause for
the annulment of the award and the forfeiture of the proposal
guarantee.
If the successful bidder refuses or fails to execute the
Contract, the City may award the Contract to the second lowest
responsible bidder. If the second lowest responsible bidder
refuses or fails to execute the Contract, the City may award
the Contract to the third lowest responsible bidder. On the
failure or refusal of such second or third lowest bidder to
execute the Contract, such bidder's guarantees shall be
likewise forfeited to the City. The work may then be re -
advertised.
18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4
(commencing at #4380) Government Code, all specifications
shall be deemed to include the words "or equal", provided
however that permissible exceptions hereto shall be
specifically noted in the specifications.
19. EMPLOYMENT OF APPRENTICES The Contractor, and all
subcontractors, shall comply with the provisions in Sections
1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of
apprentices. The Contractor and any subcontractor under him
— shall comply with the requirements of said sections in the
employment of apprentices; however, the Contractor shall have
12
full responsibility for compliance with said Labor Code
section, for all apprenticeable occupations, regardless of any
other contractual or employment relationships alleged to
exist. In addition to the above State Labor Code Requirements
regarding the employment of apprentices and trainees, the
Contractor and all subcontractors shall comply with Section 5
- a. 3, Title 29 of the Code of Federal Regulations (29CFR).
20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a
bidder whose bid is under consideration for the award of the
Contract shall submit promptly to the City satisfactory
evidence showing the bidder's financial resources, his
construction experience, and his organization and plant
facilities available for the performance of the contract.
21. WAGE RATES: The Contractor and/or subcontractor shall pay
-- wages as indicated in the "Notice Inviting Sealed Bids"
section of these specifications. The Contractor shall forfeit
as penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for laborers, workmen, or mechanics employed for each
calendar day, or portion thereof, if such laborer, workman or
mechanic employed is paid less than the general prevailing
rate of wages herein referred to and stipulated for any work
done under the proposed contract, by him, or by any
subcontractor under him, in violation of the provisions of
Labor Code, and in particular, Sections 1770 to 1781
inclusive. Copies of all collective bargaining agreements
relating to the work as set forth in the aforementioned Labor
Code are on file of the Department of Industrial Relations,
Division of Labor Statistics and Research.
22. PERMITS, FEES AND LICENSES: The Contractor shall possess a
valid business license prior to the issuance of the first
payment made under this Contract.
23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree
to commence work on or before the date of written "Notice to
Proceed" of the City and to fully complete the project within
sixty (60) calendar days thereafter. Bidder must agree also
to pay as liquidated damages, the sum of five hundred dollars
($500.00) for each calendar day thereafter.
13
BIDDER'S PROPOSAL
FOR THE PHASE I GOLDEN SPRINGS DRIVE MEDIAN ISLAND PROJECT, IN THE
CITY OF DIAMOND BAR, CALIFORNIA.
Date 1994
To the City Council of the
City of Diamond Bar:
The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as
principals are the following:
(If the bidder is a corporation, give the name of the
corporation and the name of its president, secretary, treasurer,
and manager. If a co -partnership, give the name under which the
co -partnership does business, and the names and addresses of all
co-partners. If an individual, state the name under which the
- contract is to be drawn.)
(b) That this proposal is made without collusion with any person,
firm or corporation.
(c) That he has carefully examined the location of the proposed work
and has familiarized himself with all of the physical and
climatic conditions, and makes this bid solely upon his own
knowledge.
- (d) That by submitting this Bidder's Proposal, he acknowledges
receipt and knowledge of the contents of those communications
sent by the City of Diamond Bar to him at the address furnished
by him to the City of Diamond Bar when this proposal form was
obtained.
(e) That he has carefully examined the specifications, both general
and detail, and the drawings attached hereto, and communications
sent to him as aforesaid, and makes this proposal in accordance
therewith.
(f) That, if this bid is accepted he will enter into a written
contract for the performance of the proposed work with the City
of Diamond Bar.
(g) That he proposes to enter into such Contract and to accept in
full payment for the work actually done thereunder the prices
- shown in the attached schedule. It is understood and agreed
that the quantities set forth are estimates, and that the unit
prices will apply to the actual quantities whatever they may be.
14
Accompanying this proposal is a certified or cashier's check or
bidder's bond, payable to the order of the City of Diamond Bar in the
sum of:
DOLLARS ($ )
Said bidder's bond has been duly executed by the undersigned bidder
and by a financially sound surety company authorized to transact
business in this state.
It is understood and agreed that should the bidder fail within
ten days after award of contract to enter into the contract and
furnish acceptable surety bonds, then the proceeds of said check, or
bidder's bond, shall become the property of the City of Diamond Bar,
but if this Contract is entered into and said bonds are furnished, or
if the bid is not accepted then said check shall be returned to the
- undersigned, or the bidder will be released from the bidder's bond.
Address of Bidder Telephone No. of Bidder
- City Zip Code Signature of Bidder
15
SCHEDULE OF PRICES
FOR THE
PHASE I
GOLDEN SPRINGS DRIVE MEDIAN ISLAND PROJECT
FROM WESTERN CITY BOUNDARY TO LEMON AVENUE
In accordance with specifications therefore approved by the City
Council of the City of Diamond Bar the undersigned bidder is herewith
submitting the following bid prices for the performance of the entire
work as described in these Specifications and attached drawings
subject to this furnishing all materials.
ITEM ITEM ESTIMATED UNIT UNIT PRICES EXTENDED AMOUNT
NO. DESCRIPTION QUANTITY (In Figures) (In Figures)
1.
TRAFFIC
1
LS
$
$
CONTROL
2.
REMOVE
22,271
SF
$
$
EXIST_ 6" AC
3.
CONSTRUCT
2,668
LF
$
$
Al -6 CURB
4.
STRIPING AND
1
LS
$
$
MARKING
5.
CONSTRUCT 6" AC
4,873
SF
$
$
ON EXIST. BASE
6.
TRAFFIC
1
LS
$
$
DETECTOR LOOP
7.
CONSTRUCT A2-6
895
LF
$
$
CURB & GUTTER
8.
CATCH BASIN
2
EA
$
$
9.
LOCAL DEPRESSION
2
EA
$
$
10.
18" RCP
75
LF
$
$
11.
JUNCTION
1
EA
$
$
STRUCTURE
12.
CONSTRUCTION
1
LS
$
$
SURVEY
13.
LANDSCAPING
1
LS
$
$
14.
IRRIGATION
1
LS
$
$
16
SCHEDULE OF PRICES
FOR THE
PHASE I
GOLDEN SPRINGS DRIVE MEDIAN ISLAND PROJECT
FROM WESTERN CITY BOUNDARY TO LEMON AVENUE
ITEM ITEM ESTIMATED UNIT UNIT PRICES EXTENDED AMOUNT
NO. DESCRIPTION QUANTITY (In Figures) (In Figures)
15.
PARKWAY DRAIN
1
EA
$
$
16.
4" D.I.P.,
290
LF
$
$
CLASS 50
17.
MEDIAN DRAIN
3
EA
$
$
18.
REMOVE CEMENT
1,119
SF
$
$
TREATED BASE
19.
SLURRY SEAL
150,000
SF
$
$
EXIST. PAVEMENT
20.
6" D.I.P.,
885
LF
$
$
CLASS 50
21.
3056-0 PARKWAY
1
EA
$
$
DRAIN
22.
REMOVE & REPLACE
20
LF
$
$
8" CURB & GUTTER
23.
REMOVE & REPLACE
1,700
SF
$
$
-
4" PCC SIDEWALK
24.
CORE CATCH BASIN
1
LS
$
$
25.
MOBILIZATION AND
1
LS
$
$
DEMOBILIZATION
26.
D.I.P. CLEAN OUT
6
EA
$
$
_ TOTAL
AMOUNT HID (IN FIGURES):
$
TOTAL
BID AMOUNT (IN WORDS):
17
Accompanying this proposal is
(Insert "$ cash",
"cashier's check", "certified check", or "bidder's bond"
as the case may be) in the amount equal to at least ten
percent (10%) of the total bid.
The undersigned further agrees that in case of default in
executing the required contract, with necessary bond,
within ten (10) days, not including Sundays and legal
holidays, after having received notice that the Contract
has been awarded and ready for signature, the proceeds of
the security accompany his bid shall become the property of
the City of Diamond Bar, and this proposal and the
acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
IN
PROJECT _
LOCATION _
CLIENT
CONTRACTOR
LIST OF SUBCONTRACTORS*
BID OPENING DATE
PROJECT NO.
Name Under Which
Subcontractor is
Licensed
License
No.
Address of Office,
Mail, or Shop
Percent
of Total
Contract
Specific Description
of
Subcontract
*Any subcontractor doing work in- excess of one-half (1/2) of one
percent (1%) of the total bid shall be designated on this form.
19
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification
Bid Date
This information must include all construction work undertaken in the
State of California by the bidder and any partnership, joint venture or
- corporation that any principal of the bidder participated in as a
principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information
shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional
information or explanation of data which he would like taken into
consideration in evaluating the safety record. An explanation must be
- attached of the circumstances surrounding any and all fatalities.
5 Calendar Years Prior to Current Year
1990 1991 1992 1993 TOTAL CURRENT YEAR
i. No. of contracts
2. Total dollar amount of contracts (in 10001x)
J. No. of fatalities
4. No. of lost workday cases
5. No. of lost work day cases involving
permanent transfer to another job or
termination of employment
6. No. of lost workdays
The information required for these items is the same as required for
columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational
Injuries and Illnesses, OSEA No. 102.
The above information was complied from the records that are available
to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these
records.
Name of Bidder (Print) Signature
Address State Contractors' Lic. No. & Class.
City Zip Code Telephone
46
AFFIDAVIT FOR CO -PARTNERSHIP FIRM
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
rust duly sworn, deposes and says:
being
That he is a member of the co -partnership firm designated as
which is the party making the foregoing proposal or bid; that such
bid is genuine and not collusive or sham; that said bidder has not
colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such
other person shall refrain from bidding; and has not in any manner
sought by collusion to secure any advantage against the City of
Diamond Bar or any person interested in the proposed contract, for
himself or for any other person.
That he has been and is duly vested with authority to make and
sign instruments for the co -partnership by
who constitute the other members of the co -partnership.
Subscribed and sworn
to before me this
Signature
day of
19
Signature of Officer Administering Oath
(Notary Public)
21
AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA y
)SS
COUNTY OF LOS ANGELES )
first duly sworn, deposes and says: being
That he is
of,
a corporation which is the party making the foregoing proposal or
-- bid; that such bid is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in
any manner sought by collusion to secure any advantage against the
City of Diamond Bar or any person interested in the proposed
contract, for himself or for any other person.
Subscribed and sworn
to before me this
Signature
day of
19
Signature of Officer Administering Oath
(Notary Public)
22
AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
first duly sworn, deposes and says: being
That he is the party making the foregoing proposal or bid;
that such bid is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in
any manner sought by collusion to secure any advantage against the
City of Diamond Bar or any person interested in the proposed
contract, for himself or for any other person.
Subscribed and sworn
to before me this
Signature
day o f
19
Signature of Officer Administering Oath
(Notary Public)
23
AFFIDAVIT FOR JOINT VENTURE
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
first duly sworn, deposes and says:
That he is
being
of,
one of the parties submitting the foregoing bid as a joint venture
and that he has been and is duly vested with the authority to make
and sign instruments for and on behalf of the parties making said
bid who are:
that such bid is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in
any manner sought by collusion to secure any advantage against the
City of Diamond Bar or any person interested in the proposed
contract, for himself or for any other person.
Subscribed and sworn
to before me this
Signature
day of
19
Signature of Officer Administering Oath
(Notary Public)
24
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, and
as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR,
CALIFORNIA hereinafter referred to as the "City", in the sum of
Dollars ($ )
lawful money of the United States of America, for the payment of
which sum, will and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
contract has been awarded and is about to enter into the annexed
contract with said City for consideration of the work under the
specification entitled
and is required by said City to give this bond in connection with
the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and
perform all the covenants and obligations of said contract on his
part to be done and performed at the time and in the manner
specified herein; this obligation shall be null and void; otherwise
it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the
materials to be furnished, which may be made pursuant to the terms
of said Contract shall not in any way release said Contractor or
the Surety thereunder nor shall any extension of item granted under
the provisions of said Contract release either said Contractor or
said Surety and notice of such alterations or extensions of the
Contract is hereby waived by such Surety.
In the event suit is brought upon this Bond by the obligee and
judgement is recovered, said Surety shall pay all costs incurred by
the City in such suit, including a reasonable attorney's fees to be
fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 1994.
PRINCIPAL
BY:
SURETY
(SEAL) (SEAL)
25
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, AND
as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR,
CALIFORNIA hereinafter referred to as the "City", in the sum of
DOLLARS ($ )
lawful money of the United States of America, for the payment of
which sum, well and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
Contract has been awarded and is about to enter into the annexed
Contract with said City for construction of the work under City's
specification entitled
and is required
by said City to give this bond in connection with the execution of
said Contract;
NOW, THEREFORE, if said Contractor in said Contract, or
subcontractor, fails to pay for any materials, provisions,
provender or other supplies, or for the use of implements or
machinery, used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor, said Surety will pay for the same in
an amount not exceeding the sum specified above, and also in case
suit is brought upon this bond, a reasonable attorney's fee, to be
fined by the court. This bond shall immure to the benefit of any
and all persons entitled to file claims under Section 1192.1 of the
Code of Civil Procedure of the State of California.
PROVIDED, that any alterations in the work to be done, or the
material to be furnished, which may be made pursuant to the terms
of said Contract, shall not in any way release either said
Contractor or said Surety thereunder nor shall any extensions of
time granted under the provisions of said Contract release either
said Contractor or said Surety, and notice of such alterations or
extensions of the Contract is hereby waived by said Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 1994.
PRINCIPAL
BY:
(SEAL)
26
SURETY
(SEAL)
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
as Principal, and
as Surety, are held and
firmly bound unto the City of Diamond Bar in the sum to ten percent
(10%) of the total amount of the bid of the Principal above named, to
be paid to the said City or its certain attorney, its successors and
assigns; for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the Surety hereunder exceed the sum
of $
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal
has submitted the above mentioned bid to the City of Diamond Bar for
certain construction specifically described as follows, for which bids
are to be opened at Diamond Bar City Hall on August 2, 1994 for the
Phase I Golden Springs Drive Median Island Project in the City of
Diamond Bar.
NOW, THEREFORE, if the aforesaid Principal is awarded the Contract,
and within the time and manner required under the specifications,
after the prescribed forms are presented to him for signature, enters
into a written contract, in the prescribed form in accordance with the
bid, and files the two bonds with the City of Diamond Bar, one to
guarantee faithful performance and other to guarantee payments for
labor and materials, as required by law, then this obligation shall be
- null and void; otherwise it shall remain in full force and effect. In
the event suit is brought upon this bond by the obligee and judgement
is recovered, the Surety shall pay all costs incurred by the City in
such suit, including a reasonable attorney's fees to be fixed by the
Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this
day of , 1994.
(SEAL)
PRINCIPAL
SIGNATURE AND TITLE
(SEAL)
SURETY
SIGNATURE AND TITLE
NOTE: Signatures of those executing for the Surety must be
properly acknowledged.
27
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
As suppliers of goods or services to the City of Diamond Bar, the firm
listed below certifies that it does not discriminate in its employment
with regards to race, religion, sex, or national origin; that it is in
compliance with all federal, state, and local directives and executive
orders regarding non-discrimination in employment; and that is will
pursue an affirmative course of action as required by the affirmative
action guidelines.
We agree specifically:
1. To establish or observe employment policies which affirmatively
promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned including all
company employees, outside recruiting services, especially those
serving minority communities, and to the minority communities at
large.
3. To take affirmative steps to hire minority employees within the
company.
FIRM
TITLE OF OFFICER SIGNING
SIGNATURE DATE
Please include any additional information available regarding equal
opportunity employment programs now in effect within your company:
W
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS
OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE
AND THE FILING OF REQUIRED REPORTS
The bidder , proposed subcontractor
, hereby certifies that he has , has
not participated in a previous contract or subcontract
subject to the Equal, Opportunity Clause, as required by Executive
Orders 10925, 11114, or 11246, and that he has , has not ,
filed with the Joint Reporting Committee, the Director of the Office
of Federal Contract Compliance, a Federal Government contracting or
administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filing
requirements.
(COMPANY)
BY:
(TITLE)
DATE: , 1994.
NOTE: The above certification is required by the Equal Employment
Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b)
(1), and must be submitted by bidders and proposed subcontractors only
in connection with contracts and subcontracts which are subject to the
Equal Opportunity Clause. Contracts and subcontracts which are exempt
from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5.
(Generally only contracts or subcontracts of $10,000 or under are
exempt).
- Currently, Standard Form 100 (EEO -1) is the only report required by
the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in
a previous contract or subcontract subject to the Executive Orders and
have not filed the required reports should note that 41 CFR 60-1.7 (b)
(1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period of such
other period specified by the Federal Highway Administration or by the
Director, Office of Federal Contract Compliance, U.S. Department of
- Labor.
29
NON -COLLUSION AFFIDAVIT
TO: THE CITY OF DIAMOND BAR:
STATE OF CALIFORNIA ss
COUNTY OF
being first duly
of
sworn, deposes and says that he or she is the party making the
foregoing bid that the bid is not made in the in cof associationor on ,
of, any undisclosed person, Partnership, company
organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly
induced or solicited and other bidder to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived, or
_ agreed with any bidder or anyone else htto at phe bidder has not or that
any
anyone shall refrain from bidding;
manner,
directly or indirectly, sought by agreement, communication, or
e of the bidder or
conference with anyone overheadher
to fix , profbid it,orcost element of the any tbid
bidder, or to fix any
price, or of that of any other bidder, or to secure any advantagin
e
against the public body h t all statements tements contained ding the contact of ein ntheebiddare
the proposed contract, t
true; and, further, that the bidder has not, directly or indirect y,
submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged informat fee toanyon or
partnershipdata relative thereto, ,
paid, and will not pay, any or to any member or
company association, organization, bid depository,
agent thereof to effectuate a collusive or sham bid.
Signature of Bidder
STATE OF CALIFORNIA
)SS
COUNTY OF LOS ANGELES )
Subscribed and sworn to before me this
day of
1994.
Notary Public in and for the County of
State of California
30
- GENERAL PROVISIONS
FOR
PHASE I
GOLDEN SPRINGS DRIVE MEDIAN ISLAND PROJECT
FROM WESTERN CITY BOUNDARY TO LEMON AVENUE
GENERAL PROVISIONS
PHASE IGOLDEN SPRINGS _
PROJECT
FROM WESTERN CITYI OUNDARYNTO LEMON AVENUE
1. GENERAL CONDITIONS
ard
All work shall be done
Specifications for PublicWorks Construction (1991 h
1991Editiondand
all subsequent supplements), hereinafter referred to as Standard
CaliforniaSpecifications, the State of Department of
- Transportation StandardSpecifications
ecifi stioandardl Specif992 ications,
hereinafter referred oas
Contract Drawings, Standard Construction Drawings and these
Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. Sco e and Control of Work.
following:
(a) Examination of Pans
1 L tc:a lugs.,
ed to
ine
and Site of Work_ The bidder is requlanslrspec specifications
carefully the site and the proposal, p
and contract forms for the work contemplated, and it will be
assumed that the thas envencountered,d is incl d nge as
all
-- to the cond
installations and utilities, whether
underground
quantities of
overhead, as to the character, quality
_ work to be performed and materials to be furnished, the sp aeaial
to the requirements of the specifications, greed that
provisions and the Contract. It is mutually agreed
facie
submission of a proposal shall be considered p
evidence that the bidder has made such examination.
(b) Proposal Form: All proposals must be made upon blank forms
to be obtained from the City Clerk at City Hall, 21660 E.
Copley
Drive, Suite 100, Diamond Bar, CA. All proposals
must give the prices proposed, both in writing and figurelf
and must be signed by the bidder, and his address shown.
the proposal is made by an individual, his name f post
or
office address must be shown. If made by a
partnership, the name and post office address of each member
of the firm or partnership must be shown. If made by a
he name of the state
corporation, the proposal must show t
under the laws of which the corporation was chartered and
the names, titles, and business addresses of the president,
secretary, and treasurer.
31
(c) Rejection of Proposals Containing Alterations Erasures or
Irregularities Proposals may be refected if they show any
alterations of form additions not called for, conditional or
alternative proposals, incomplete proposals, erasures, or
irregularities of any kind.
(d) Bidder's Guarantee: All proposals shall be presented under
sealed cover and shall be accompanied by cash, cashier's
check or certified check payable to, or bidder's bond in
favor of the City of Diamond Bar in an amount of not less
than ten percent (10%) of the amount named in said proposal,
and no proposal shall be considered unless such cash,
cashier's check, certified check or bidder's bond is
enclosed therewith.
(e) Return of Bidder's Guarantees: Proposal guarantees will be
held until the Contract has been finally executed, after
which they will be returned to the respective bidders whose
proposals they accompany.
The Notice to Bidders, Proposal, bonds, Instructions to
bidders, General Provisions and Detail Specifications, shall
be deemed incorporated in the Contract by reference. A
Corporation to which an award is made will be required,
before the Contract is finally executed, to furnish evidence
Of its corporate existence and evidence that the officer
signing the Contract and bonds for the corporation is duly
authorized to do so.
_- An addendum to these specifications may be issued by the City
Engineer at any time prior to the bid opening.
Section 5 Utilities This section is modified by addition of
the following subsections.
rs
and Public Agencies who may ilhaveufacilities or interes sowhich
may affect the work are as follows:
General Telephone Company
1400 E. Phillips Blvd.
RC 3680 G
Pomona, California 91766
(909) 865-3327
32
Western Waste
13793 Redwood Avenue
Chino, California 91710
(909) 591-1718
Community Disposal
14048 Valley Boulevard
City of Industry, California 91744
(909) 336-3636
Southern California Edison Company
800 West Cienega
San Dimas, California 91773
(909) 592-3724
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(909) 595-7554
Los Angeles County Department of Public Works
Sewer Maintenance
(818) 458-7117
Los Angeles County Department of Public Works
Road Maintenance Division
(818) 458-3981
Southern California Gas Company
Distribution Department
(909) 592-1799
Jones Intercable Walnut Valley
20965 Lycoming Street
Walnut, California 91789
(909) 594-2729
Walnut Valley Unified School District
880 South Lemon Avenue
Walnut, California 91789
(909) 595-1261
Los Angeles County Sheriff's Department
(909) 595-2264
Los Angeles County Fire Department
(909) 861-5995
33
Each of the above listed utility companies and agencies shall be
notified in writing (copy to City) of the project. They shall be
invited to a pre -construction meeting and provide a work
schedule.
Subsection 5-2. Protection The Contractor is hereby alerted to
the existence of utility lines. The Contractor shall carefully
protect all lines during the course of construction.
Section 6. (blank)
Section 7. Responsibilities of the Contractor in Conduct of his
work.
Subsection 7-2. Labor is amended by the addition of the
following•
Labor Discrimination. No discrimination shall be made in the
employment of such persons upon public works because of the race,
- color, or religion of such persons and every contractor for
public works violating this section is subject to all the
penalties imposed for a violation of Chapter 11 or Part VII,
Division 2 of the Labor Code in accordance with the provisions of
Section 1735 thereof.
Subsection 7-3.1. Contractor's Responsibility for Work
Reference is made to Section 6 - 8 of the Standard Specifications
and these General Provisions. Except as provided above, until
-- the formal acceptance of the work by the City Council, the
Contractor shall have the charge and care thereof and shall bear
the risk of injury or damage to any part thereof by the action of
the elements or from any other case, whether arising from the
execution or from the non -execution of the work. The Contractor
shall rebuild, repair, restore, and make good all injuries or
damages to any portion of the work occasioned by any of the above
- causes before final acceptance and shall bear the expense
thereof, except such injuries or damages occasioned by acts of
the Federal Government or the public enemy.
Subsection 7 -10 -l. -Traffic and Access is amended by the addition
of the following•
The Contractor shall furnish all flagmen and guards and supply
and install all signs, lights, flares, barricade delineators, and
other facilities which are necessary to expedite the passage of
public traffic through or around the work or to prevent accidents
or damage or injury to the public or to give adequate warning to
the public of any dangerous conditions to be encountered. The
CalTrans "Manual of Traffic Controls" shall be used for all
traffic control on this project. Payment for this work shall be
included in other items of work and no separate payment will be
made.
34
Section 8. (blank)
Section 9. Measurement and Payment.
Subsection 9-3 is modified by the addition of the following
paragraphs:
The Contractor agrees that the payment of the amount under the
Contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the
City of Diamond Bar, the City Council, the City Manager, and the
City Engineer of any and all claims or liability on account of
work performed under the Contract or any alterations thereof.
Progress Payments. The Contractor shall be entitled each month
to a monthly progress payment in an amount equal to ninety
percent (90%) of the estimated percentage of actual work
completed by the end of the proceeding calendar month, based on
the contract price less all previous payments, provided that in
all events, the City shall withhold no less than ten percent
(10%) of the contract price until final completion and acceptance
of the work.
This payment on account shall in no way be considered as an
acceptance of any part of the work or material of the Contract,
nor shall it in any way govern the final estimate.
Final Pavments. After the completion of the Contract, the City
Engineer shall make a final inspection of the work done
thereunder, and if entirely satisfactory and complete, the City
shall pay to the Contractor an amount which, when added to the
payments previously made and deductions allowable to the City,
will equal ninety percent (90%) of the contract price.
Thereafter the balance of the contract price remaining unpaid
shall be paid 35 calendar days after the recording of a Notice of
Completion by the City. The payment of the final amount due
under the Contract and the adjustment and payment for any work
done in accordance with any alterations of the same shall release
the City from any and all claims on account of the work performed
under the Contract or any alterations thereof.
Guarantee. The Contractor agrees for a period of one year,
- commencing with the Final Notice of Completion, to correct
without additional charge to the City, any defects in the work
performed, or in the materials furnished, by the Contractor
and/or manufacturer, jointly.
35
SPECIAL PROVISIONS
FOR
PHASE I
GOLDEN SPRINGS DRIVE MEDIAN ISLAND PROJECT
FROM WESTERN CITY BOUNDARY TO LEMON AVENUE
SPECIAL PROVISIONS
PHASE I
GOLDEN SPRINGS DRIVE MEDIAN ISLAND PROJECT
FROM WESTERN CITY BOUNDARY TO LEMON AVENUE
SPECIFICATIONS
The work to be done shall be performed or executed in accordance with
these Special Provisions and the "Standard Specifications for Public
Works Construction", 1991 Edition and all subsequent supplements,
hereinafter referred to as the Standard Specifications. The Standard
Specifications are published by Building News, Inc. 3055 Overland
Avenue, Los Angeles, California 90034 and are included by reference
only.
ra.91:4 101-1
The City Engineer may, without City Council approval, issue addenda to
the Contract Documents during the period of advertising for bids for
the purpose of: (a) revising prevailing wage scales or (b) clarifying
or correcting Special Provisions, Plans or Bid Proposal; provided that
any such addenda does not change the original scope and intent of the
project.
Purchasers of contract documents will
of such addenda, either by certified
the period of advertising.
TIME LIMIT AND NOTICE TO PROCEED
be notified and furnished copies
mail or personal delivery, during
All work shall be completed within sixty (60) calendar days. The
counting of calendar days shall start on the date when the Notice to
Proceed is issued by the City. The Contractor shall ensure that all
- materials required for the project will be available for the scheduled
work. The Contractor shall notify the City Engineer at least seven
(7) calendar days prior to the start of work.
Nothing in this section will relieve the Contractor of its obligations
relative to starting work as required elsewhere in these
specifications.
CHANGES IN THE WORK
Subsection 3-2.1 of the Standard Specifications is supplemented by the
following:
_ Notwithstanding the limitation imposed by this Subsection,
the City Engineer may, without City Council approval, order
changes in the work which increase the contract cost by not
more than 25% of the original contract amount.
W.
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
All bidders will be required to submit information as to their
industrial safety record on the form provided in the Bid Proposal. A
review of this safety record will be made prior to a determination of
the lowest responsible bidder, and any adverse finding as to the
bidder's safety record or any bid submitted which does not contain the
Contractor's Industrial Safety Record, filled out and signed by the
Contractor, may be sufficient cause for rejection of the bid.
CONSTRUCTION SCHEDULE
In accordance with Subsection 6-1 of the Standard Specifications, the
Contractor shall submit a written proposed construction schedule to
the City Engineer ten (10) calendar days prior to the start of work.
The schedule shall list all necessary preparatory work, and
construction schedule. Such schedule shall be subject to the review
and approval by the City Engineer. No work shall be done until the
City Engineer and the Contractor have agreed to the schedule to be
followed by the Contractor.
WITHHELD CONTRACT FUNDS
Pursuant to Section 4590 of the Government Code, the Contractor at its
own expense may deposit securities pledged in favor of the Agency with
a state or federally chartered bank as the escrow agent. The
-- acceptable securities are those listed in Section 16430 of the
Government Code or bank or savings and loan certificates of deposit.
The amount of securities to be deposited shall be equivalent to the
maximum amount permitted to be withheld as specified in Subsection 9-
3.2 of the Standard Specifications. Formal acceptance of the project
by the Agency terminates the Agency's interest in the securities.
PUBLIC CONVENIENCE AND SAFETY
In addition to the requirement of Subsection 7-10 of the Standard
Specifications and the Standard Special Provisions, the Contractor
shall maintain access to all adjacent properties. Furthermore this
Subsection is amended and supplemented by the following paragraphs:
DETOUR
In no case shall traffic be diverted from the existing traveled way
without prior approval of the City Engineer.
TRAFFIC FLOW
In order to facilitate the flow of traffic during the contractual
period, the Agency reserves the right to extend the limits of the
- project to include any areas where signing and delineating is deemed
necessary by the Engineer.
__
37
The Contractor can restrict traffic on Golden Springs Drive to one
lane westbound between 9:00 a.m. to 4:00 p.m. He can also restrict
traffic on Golden Springs Drive to one lane eastbound between 9:00
a.m. to 4:00 p.m. Cross streets may not be closed to perform the work
at all intersections, one lane must be maintained in each direction at
all times.
In all cases where the Contractor must block driveway access to a
business, the Contractor shall notify the business at least forty-
eight (48) hours prior to the blocking of access to that property.
The Contractor shall coordinate with the property owners to determine
the optimum time for closure. The Contractor must also allow all
vehicles to be removed from the parking lots prior to the closure of
the driveways. In all cases where there is only one driveway access
to a business, the Contractor shall maintain access to driveway at all
times.
The Agency will require the Contractor to distribute two (2) "Public
Notice" to each business affected by the program. The first notice
_ shall be distributed to each business ten (10) calendar days prior to
the start of any work. The second notice shall be distributed at
least forty-eight (48) hours prior to the start of construction.
Once the street has been posted, failure of the Contractor to meet and
complete the approved daily schedule due to conditions under the
Contractors' control, will result in damages being sustained by the
Agency. Such damages are, and will continue to be, impractical and
extremely difficult to determine. For failure to meet and complete
the schedule after posting, the Contractor shall pay to the Agency, or
have withheld from monies due, the sum of $500.00 as liquidated
damages for each day of additional posting required to complete the
proposed work. Re -posting and notification will be required for each
missed day. Said posting and notification will be at Contractor's
expense.
The Contractor shall be responsible for adequate barricading of the
work area and controlling of traffic in the vicinity of the project as
specified in Subsection 7-10 of the General Provisions and on the
project traffic control plans.
- Due to the nature of this project involving some inconvenience to
business, a good Public Relations Program is mandatory and evidence of
satisfactory past performance in this area will be required. All
-- complaints received by the City associated with the Golden Springs
Drive median islands alleging damage to private property and vehicles
shall be responded to by the Contractor within twenty-four (24) hours
of notification. Failure to comply with this provision may result in
a penalty of $50.00 per occurrence.
All trucks which the Contractor proposes to use that exceed the legal
load limit when loaded will be required to have overweight permits
from the City.
MW
Full compensation for complying with the above requirements shall be
considered as included in the various items of work unless otherwise
specified above.
SANITARY CONVENIENCE
Necessary sanitary facilities for the use of workman on the job shall
be provided and maintained in an approved manner by the Contractor,
properly secluded from public observation and in compliance with
health ordinances and laws, and their use shall be strictly enforced
by the Contractor.
STORAGE SITE
It shall be the Contractor's responsibility to locate any storage
sites for materials and equipment needed and such sites either located
on public or private property must be approved in advance by the City
Engineer.
PROTECTION OF WORK AND PUBLIC
The Contractor shall take all necessary measures to protect work and
prevent accidents during any and all phases of the work. The
Contractor shall repair all damaged pavement as a result of vandalism
(i.e. vehicle tracks, footprints, writing, etc.). If deemed necessary
by the City, the Contractor shall repair the defective area in
accordance with these Special Provisions.
PROJECT COORDINATION AND NOTIFICATION REQUIREMENTS
Notification to the Agency listed
Subsection 5-1 (Utility Owner and
the General Provisions must be in
to the City.
below and those agencies named in
Public Agency Identifications) of
writing with proof of letter given
Walnut Valley Unified School District
880 South Lemon Avenue
Walnut, California 91789 Metropolitan Transit Authority
(909) 595-1261 (909) 620-1871
Pomona Unified School District
800 South Garey Avenue
Pomona, California 91766 Foothill Transit
(909) 397-4636 (800)252-7433
PRE -CONSTRUCTION MEETING
The Contractor shall arrange a pre -construction meeting with the City
Engineer and representatives from utility companies which shall be
held a minimum of ten (10) calendar days prior to commencement of any
work.
39
TRASH COLLECTION SCHEDULE
No streets will be closed or have work done on day of trash
collection. Trash collection in this area is every Monday of the
week.
Questions regarding trash collection can be directed to:
Community Disposal Company Western Waste
Customer Service (909) 591-1718
(800) 327 -3 807
STREET SWEEPER ROUTE SCHEDULE
All overlay shall be applied at least twenty-four (24) hours prior to
sweeping of any street in the project area.
Questions regarding street sweeping can be directed to:
Community Disposal Company
Customer Service
(800) 327-3807
REMOVAL OF MATERIALS
Materials which are to be disposed of including but not limited to:
saw -cut asphalt pavement shall not be stored at the site but shall
removed immediately. No overnight storage of materials or debris will
be allowed in the street area or surrounding areas.
UNDERGROUND UTILITIES
The location and existence of substructures have been determined by a
search of records maintained by their owners. No guarantee is made or
implied that the information shown is complete or accurate. It shall
be the Contractor's responsibility alone to determine the exact
location of substructures of every nature and to protect them from
damage. The Contractor shall pothole or expose all high risk
underground facilities if necessary.
The Contractor shall notify the Agency and the owners of all utilities
and substructures not less than forty- eight (48) hours prior starting
work.
Contractor shall contact Underground Service Alert (USA) not less than
forty-eight (48) hours prior to digging and verify the locations of
all utilities.
The Contractor is responsible for the protection of any utilities and
for any damage to any such utility during the prosecution of work.
Any damage to utility shall be repaired to the satisfaction of the
organization owning the facility.
40
COMPETENCY OF BIDDER
The bidder shall be licensed under the provisions of Chapter 9,
Division 3, of the Business and Professions Code of the State of
California to do the type of work contemplated in the Contract and
shall be skilled and regularly engaged in the general class or type of
work called for under this Contract. Contractor's License Class A is
required for this project.
ESTIMATED QUANTITIES
The quantities given in the Proposal and Contract form are
approximate, being given as a basis for the comparison of bids only,
and the city does not, expressly or by implication, agree that the
actual amount of work will correspond therewith, but reserves the
right to increase or decrease the amount of any class or portion of
the work, or to omit any portion of the work, as may be deemed
advisable or necessary by the City Engineer.
California Code Section 20104 - Requirements and Procedures
20104. Application of article; inclusion of article in plans and
specifications.
(a) (1) This article applies to all public works claims of
three hundred seventy-five thousand dollars ($375,000.00) or less
which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a
contract between a contractor and a public agency when the public
agency has elected to resolve any disputes pursuant to Article
7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
- (b) (1) "Public work" has the same meaning as in Sections 3100
and 3106 of the Civil Code, except that "public work" does not
include any work or improvement contracted for by the State or
the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for
(A) a time extension, (B) payment of money of damages arising
from work done by or on behalf of the contractor pursuant to the
contract for a public work and payment of which is not expressly
provided for or the claimant is not otherwise entitled to, or (C)
an amount he payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be
set forth in the plans or specifications for any work which may
give rise to a claim under this article.
(d) This article applies only to contracts entered into on or
- after January 1, 1991.
41
20104.2. Claims; Requirements
For any claim subject to this article, the following
requirements apply:
(a) The claim shall be in writing and include the documents
necessary to substantiate the claim. Claims must be filed on or
before the date of final payment. Nothing in this subdivision is
intended to extend the time limit or supersede notice
requirements otherwise provided by contract for the filing of
claims.
(b) (1) For claims of less than fifty thousand dollars
($50,000.00), the local agency shall respond in writing to any
written claim within forty-five (45) days of receipt of the
claim, or may request, in writing, within thirty (30) days of
receipt of the claim, any additional documentation supporting the
claim or relating to defenses or claims the local agency may have
against the claimant.
(2) If additional information is thereafter required, it
shall be requested and provided pursuant to this subdivision,
upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as
further documented, shall be submitted to the claimant within
fifteen (15) days after receipt of the further documentation or
within a period of time no greater than that taken by the
claimant in producing the additional information, whichever is
greater.
(c) (1) For claims of over fifty thousand dollars ($50,000.00)
and less than or equal to three hundred seventy-five thousand
dollars ($375,000.00), the local agency shall respond in writing
to all written claims within sixty (60) days of receipt of the
claim, or may request, in writing, within thirty (30) days of
receipt of the claim, any additional documentation supporting the
claim or relating to defenses or claims the local agency may have
against the claimant.
(2) If additional information is thereafter required, it
shall be requested and provided pursuant to this subdivision,
upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as
further documented, shall be submitted to the claimant within
thirty (30) days after receipt of the further documentation, or
within a period of time not greater than that taken by the
claimant in producing the additional information or requested
documentation, whichever is greater.
42
(d) If the claimant disputes the local agency's written
fails to respond within the time
response, or the local agency
prescribed, the claimant may so notify the local agency,
in
writing, either within fifteen (15) days of receipt of the local
agency's response or within fifteen (15) days of receipt of the
local agency's response or within fifteen (15) days of the local
agency's failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand,
the local agency shall schedule a meet and confer conference
within thirty (30) days for settlement of the dispute.
(e) If following the meet and confer conference, the claim or
any portion remains in dispute, the claimant may file a claim
pursuant to Chapter 1 (commencing with Section 900) and Chapter
2 (commencing with Section 910) of Part 3 of Division 3.6 of
Title 1 of the Government Code. For purposes of those
provisions, the running of the period of time within which a
claim must be filed shall be tolled from the time the claimant
submits his or her written claim pursuant to subdivision (a)
until the time the claim is denied, including any period of time
utilized by the meet and confer conference.
43
20104.4 Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions
filed to resolve claims subject to this article:
(a) within sixty (60) days, but no earlier than thirty (30)
days, following the filing or responsive pleading, the court
shall submit the matter to non-binding mediation unless waived by
mutual stipulation of both parties. the mediation process shall
provide for the selection within fifteen (15) days by both
parties of a disinterested third person as mediator, shall be
commenced within thirty (30) days of the submittal, and shall be
concluded upon good cause showing to the court.
(b) (1) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter 2.5
(commencing with Section 1141.10) of Title 3 of Part 3 of the
Code of Civil Procedures, notwithstanding Section 1141.11 of that
code. The Civil Discovery Act of 1986 (Article 3 [commencing
with Section 2016] of Chapter 3 of Title 3 of Part 4 of the Code
Of Civil Procedure) shall apply to any proceeding brought under
this subdivision consistent with the rules pertaining to judicial
arbitration.
(2) In addition to Chapter 2.5 (commencing with Section
1411.10) of Title 3 of Part 3 of the Code of Civil Procedure,
arbitrators shall, when possible, be experienced in construction
law, and (B) any party appealing an arbitration award who does
not obtain a more favorable judgement shall, in addition to
payment of costs and fees under that chapter, also pay the
attorney's fees on appeal of the other party.
20104.6 Payment by local agency of undisputed portion of claim;
interest on arbitration award or judgement
(a) No local agency shall fail to pay money as to any portion of
_ a claim which is undisputed except as otherwise provided in the
contract.
(b) In any suit filed under Section 20104.4, the local agency
- shall pay interest at the legal rate on any arbitration award of
judgement. The interest shall begin to accrue on the date the
suit is filed in a court of law.
20104.8 Duration of article; application of article to contacts
between January 1, 1991 and January 1, 1994
(a) This article shall remain in effect only until January 1,
1994, and as of that date is repealed, unless1994 later
endeletes ted
statute, which is enacted before January
- extends that date.
44
(b) As stated in subdivision (c) of Section 20104, any contract
entered into between January 1, 1991, and January 1, 1994, which
is subject to this article shall be incorporated this article.
To that end, these contracts shall be subject to this article
even if the article is repealed pursuant to subdivision (a).
CITY EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS
1. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY
The following provisions pertaining to equal employment
opportunity nrted into
Contract. In connection
with performance of work under thisContract, the Contractor
agrees as follows:
a. The Contractor will not discriminate against any employee or
applicant for employment because of race, color, sex,
religion, ancestry or national origin. The Contractor will
take affirmative action to ensure that applicants are
employed, and the employees are treated during employment,
without regard to race, color, sex, religion, but stry or
not be
national origin. Such action shall include, demotion
limited to, the following: employment, upgrading,
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship where
applicable.
b. In all advertisements for labor or other personnel, or
requests for employment of any nature, the Contractor shall
state that all qualified applicants will receive
consideration for employment of any nature, the Contractor
shall state that all qualified applicants will receive
consideration for employment without regard to race, color,
sex, religion, ancestry or national origin.
C. In all hiring, the Contractor shall make every effort to
hire qualified workers from all races and ethnic groups.
d. The Contractor shall be responsible for the compilation of
records of the ethnic distribution of the entire project
work force on forms furnished by the Agency. Said forms,
indicating the ethnic distribution of man-hours of work
within the various crafts and trades, shall be filed by the
Contractor with the Agency every thirty (30) days.
e. The Contractor shall send to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a
notice, to be provided by the Agency, advising the said
- labor union or worker's representative of the Contractor's
commitments under this Section.
45
f. The Contractor shall maintain and permit access by
the
Agency to records of employment, employment advertisements,
application forms and other pertinent data and records of
the Contractor's own work force and that of the various
subcontractors on the project for the purpose of
nce with this EEO Section.
investigation to ascertain complia
g, Within ten (10) days after execution of the Contract by the
Agency, the Contractor shall meet the following standards
for affirmative compliance and shall ensure that each
subcontractor on the project will meet these requirements
within ten (10) days after receiving a Noticeto Pfor ea
from the Contractor, unless the Agency provides
greater time period:
(1) File with the Agency an Affirmative Action Plan
indicating the steps it will take to encourage and
assist qualified members of minority groups. Such
affirmative action will include statements regarding o
rcruitment, employment, compensation, promotion
demotion, and selection for training.
(2) Provide evidence as required by the Agency, that it the
as
notified in writing all subcontractors,
Contractor's supervisors and other personnel officers
of the content of this EEO section an their
responsibilities under it.
(3) Provide evidence, as required by the Agency, that it
has notified in writing all sources of employee
referrals (including, but not limited to, unions,
employment agencies and the State Department of
Employment Development) of the content of this EEO
section.
(4) Notify the Agency in writing of any opposition to this
_ EEO section by individuals, firms, unions or
organizations.
h. If the Agency has reason to believe that the Contractor or
a subcontractor may have that the Contractor or a
subcontractor may have committed a violation of the EEO
section of this Contract or of the California Fair
Employment Practice Act or of any applicable Federal law
concerning equal employment practices on this project,
the
Agency will cause written notice to be served on the
Contractor or its representative, and to any subcontractor
involved in such violation. The notice shall set forth the
nature of the violation. Upon the Agency's request, the
Contractor shall meet with representatives of the Agency in
- order to determine the means of correcting the violation and
the time period within which the violation shall be
46
corrected. If, within ten (10) days, the Contractor or
subcontractor has failed or refused to remedy violation,
the Agency may notify the Fair Employment
es
Commission and pursue any other remedies which may be
available under the law.
i. The Contractor shall include the provisions
ofsubcontracttheegoind
ng
paragraphs la through 1h in every
first require each subcontractor to bind each further
subcontractor with whom it has a contract to such provisoes,
so that such provisions will obe binding upon each
the
subcontractor who performs any of he work required by
Contract.
2. ANTI -DISCRIMINATION
a. The Contractor certifies and agrees that all persons
employed by the Contractor, its affiliates, subsidiaries etor
holding companies are and will be treated equally y
Contractor without regard to or because of race, color, sex,
religion, ancestry or national origin and incompliance with
State and Federal anti -discrimination laws. The Contractor
further certifies and agrees that it will deal with its
subcontractors, bidders and vendors without regard to or
because of race, color, sex, religion, ancestry
or national
origin. The Contractor agrees to allow access to its
employment records during regular business hours to verify
compliance with the foregoing provisions when so requested
by the City.
b. The Contractor specifically recognizes and ehave
s that if
the City finds that any of the foregoing provisions
been violated, the same shall constitute a material
breach of Contract upon which the City may determine to
cancel, terminate or suspend the Contract. While the
City reserves the right to determine individually that
_ the anti -discrimination provisions of the Contract have
been violated, in addition a determination by the
California Fair Employment Practices Commission or the
Federal Equal Employment Opportunity Commission that the
Contractor has violated State or Federal anti-
discrimination laws shall constitute a finding by the
City that the Contractor has violated the anti-
discrimination provisions of the Contract.
C. At its option, and in lieu of canceling, terminating or
suspending the Contract, the City may impose damages for
any violation of the anti -discrimination provisions of
this section, in the amount of two hundred ($200.00) for
each violation found and determined. The City and the
Contractor specifically agree that the aforesaid amount
shall be imposed as liq� idafuather specifically damages, and tas a
agreed
forfeiture or penalty.
47
that the aforesaid amount ipresumed
o bu the
sucholatiof
damaof the
ges sustained byreason
because, from the circumstances and the natureIt to
violation, it is impracticable and extremely
fix actual damages.
EXPLANATION OF BID ITEMS
SECTION 10. BID ITEMS
All bid items shallbe in
1991 for Pdublic Works Constructance with the ion as
Specifications dated J rY
isions of these Special Provisions.
referenced in the General Prov
- BID ITEM NO. 1 - TRAFFIC CONTROL
Traffic control shall be in accordance with Section 7-10 of the
_ State Standard Specifications,
plans., these Special Provisions and the
project traffic co
Payment for this item will be based on a lump sum.
BID ITEM NO. 2 - SAWCUT AND REMOVE EXISTING A.C. PAVEMENT
Removal and Disposal of Existing Pavement
Removal and disposal of existing pavement shall be per
Sios
300.1.3 of the Standard Specifications. Existing pavement
asphalt concrete. Removal to include sawcutting and disposal.
Payment shall be made upon unit price bid for complete removal of
pavement within limits shown on plans.
BID ITEM NO. 3 & 7 - CONSTRUCT 6" PCC CUKts 11" " - ---
6" Portland Cement Concrete curb shall be constructed per American
- Public Works Association Standard
Specifications.anNo120-0 and per Section
210 and 303-5 of the
Payment will be made at the contract unit price of curb installed.
BID ITEM NO. 4 - TRAFFIC STRIPING AND MARKING
Traffic Striping and Markinn
All striping and pavement marking work shall be in accordance
with the latest edition of the State of California Department
48
of Transportation Traffic Manual unless noted otherwise on the
Plans or contained in these Specifications.
All paint work shall
ifica ions for Publicand
Worksbeaded,
Constru�tiong
to the Standard Spec . Paint type shall
1991 Edition and all subsequent supplementsTraffic Line Paint.
conform to Section 210-1.6.3 Rapid Dry
All existing striping and pavement markers shall be replaced
by the Contractor as shown on the striping plans.
All striping limit lines left illegible by construction
umethod must
be temporarily replaced on the same day. the City
of
temporary striping must have prior approval by
Engineer.
All existing conflicting traffic markings and lines shall be
removed as required.
A minimum of seven (7) days shall be provided between first
and second paint work coatings.
Pavement markers shall be installed using ard adhesives
for Pavement
- in Sections 95-2.05, Standard Set Epoxy Ad
Markers", and 95-2.04, "Rapid Set Epoxy Adhesive for Pavement
Markers", contained in the State of California D988rtmi t of
Transportation Standard Specifications, January
Thermoplastic pavement markings materials shall conform to
Section 84-2.02 State Standard Specificathe tions. Application
shall conform to
oAllection existing -2.4 of
0e hydrant are tto Shaveaan
Specifications.
identifying blue reflectorized marker and said
marker is
expected to be placed according to the striping plan
Replacement of traffic striping and pavement markers sall be
paid for at a lump sum price. The lump sum price
include full compensation for furnishing all labor, materl work
ials,
incidentals, and for doing alpavement
involved in replacement of traffic striping
markers.
- BID ITEM NO. 5 - CONSTRUCT
Construction of localized area of pavement shall be mae at
locations as per typical sections shown on the prof
ect Compaction Testing
Compaction testing of subgrade shall be performed by a
licensed geotechnical engineer hired by the Contractor.
49
Results of testing shall be provided to the City Engineer
prior to pavement placement.
Pavement Replacement
Existing pavement removed shall be reconstructed toin
thickness of 6" A.C. Construction shall be accomplished
.C. shll be flsh
such a way that the required thicknesavings andA existing edge uof
with the adjoining proposed p
_ gutter.
payment shall be made based upon unit price bid for pavement
installed.
BID ITEM NO. 6 - REPLACE DETECTOR LOOPS
This bid item shall inersections damaged or otherwiall work required to replce existing
se rendered
loop detectors at majorrit
useless by the construction operations. The detector loops shall
- be replaced prior to the application of the slurry
Detectors shall conform to the provisions in Section 86-5.01,
- "Vehicle Detectors," of the State Standard Specifications and these
Special Provisions. s nsibility to obtain
It is the Contractor' raff cs si gnals from the City or, County lof Los
maintenance plans
Angeles to verify quantities, locations and specifications.
Payment shall be made based on lump sum.
BID ITEM NO 8 9 & 11 - DRAINAGE STRUCTURES
General
All concrete structures shall be constructed in accoplance
ans,
with the applicable details as shown on the p
Subseand per
ction
03-1 "Concard Drete1ngs hereto Structures" attached
facthe Standard
- Subsection 3
Specifications.
_ BID ITEM NO 8 CATCH BASINS
All catch basins shall be
in accordance
Storm Drain Plans.Standard Plan
No. 300-0 and as specified
BID ITEM NO. 9 - LOCAL DEPRESSION
All local depressions shall be
in accordance with on the Storm Drain PPlans Standard
Plan No. 313-0 and asspecified
50
ith
BID ITEM NO. 11 - JUNCTION STRUCTURE
All junction structures sh
all
biedin the Storm Drain Plans
accordance W
W A
SStandard Plan 335-0 and as P
payment in cordance
payment for all drainage structures will be f dethe forth in the
ac
Standard
with Subsection 303-1.11
Specifications and with the unit prices set
Such payment shall include full
Bidder's Proposal.
tools, and
compensation for furnishing work labor,all materials,
to a construct the
equipment and doing
structure in accordance with the Plans and Specifications.
BID ITEM NO. 10 - PIPELINE CONSTRUCTION
General
Pipeline construction ihell onshall sist o be alconstructedstorm drain
in
construction. All p Plines
accordance with the applicable details shown on the Plans an
Subsection 207-2 "Reifo Construction" pipe"
a the Section 0
Standard
"Underground Conduit
Specifications.
Materials
All storm drains shall be constructed of reinforced concrete
pipe of the "D" load as specified on the Plans.
Testing
The Contractor shall furnish certification by the supplier
that the materials comply with the ved bythe
Specifications,
Engineer, that
report from a testing agency app
the specified tests have been made.
All compaction tests required shall be performed by a
qualified testing laboratory at the Contractor's expense.
maximum density tests shall be performed in
Laboratory Display" and 211 -
accordance with Subsections 2the S "Field peci Y
2.3 "Relative Compaction" of the Standard Specifications.
Bedding
All bedding shall conform to Section 306 "Underground Conduit
Construction" of the Standard Specifications.
51
Utilities
The Contractor shall notify all owners °f utilities around any offorty-
their
eight (48) hours in advance of excavating
structures.
Backf i l l
Trench backfill shall be placed to a minimum relative
ty percent (90$),
except that the top six
compaction of nine
(6) inches which fo mume eubgivee compaction the pavement, f ninety-five
compacted to a min
percent (95%).
payment
Payment for reinforced concrete (foot conduitspecified nin eat
the
the unit price b P
Bidder's Proposal and shall include all costs for fuarllswork
all labor, materials, tools, eupment, and doing conduit complete in place.
involved in laying storm drain pipe
g reinforced concrete shall be made at
payment for testin
contract lump sum price.
payment also includes disposal of any surplus materials.
BID ITEM NO 12 - CONSTRUCTION SURVEY h Section
Surveying shall be performed in accordance wit o tractor2shall
the Standard Specifications excepting
thatprovide all necessary surveying to complete the construction.
Payment for construction survey shall be made in lump sum -
BID ITEM NO. 13 - MEDIAN ISLAND LANDSCAPING
scope
labor, materials, and equipment
Includes furnishing all
required to provide and install the planting indicated on the
Plans and Specifications.
planting Material
Plants
Shall comply with Section 212-1.4 of the Standard
Specifications.
52
Tree Stakes
Shall be two (2)
inch diameter Lodgepole Pine. Stakes shall
be twelve (12) feet long.
Root Containment Device
four (24) inches high, Shawtown Industries,
Shall be twenty -al ortwenfour (24) inches
Inc., "Root Booster EP mate
ep1Root Corporation or approved
high control barrier by
equal.
Commercial Fertilizer
Shall be as per Section 212-1.2.3 of the Standard
Specifications.
organic Soil Amendment
Shall be Type 1 as per Section 212-1.2.4 of the Standard
Specifications.
Mulch
Mulch shall be shredded wood by product.
Backfill Mix
ion 308-4.5 of the Standard
Shall be as per Sect
Specifications.
Synthetic Weed Barrier
Shall be 2.0 ounce weed control fabric by "Magic Mat" or
landscape fabric "Weed Stopper" or approved equal.
Construction Methods
Soil Test
Contractor shall obtain soil test of all planting areas with
a minimum of three soil sum ab 1 ty analysiples taken. s with recommended
test shall give
a complete agricultura
quantities of soil amendments and fertilizer.
This soil test must be approved by the Engineer prior to start
of work.
Site Condition
All planting shall be installed in accordance
ec ficationsthe
requirements of Section 308 of the Standard Sp
53
Topsoil preparation and Conditioning
Topsoil shall be existing site soil amended in place as per
Section 308-2.2 of the Standard Specifications.
1 the following per 1,000 square feet and
To all areas apply per Section
incorporate into the top six (6) inches of soil as
incorporate
3: THIS IS R BIDDING PURPOSES ONLY.
cubic yards of organic soil amendment
A. Three (3)
B. Five (5) pounds of ammonium phosphate
C. Twenty (20) pounds of (8-8-4) commercial fertilizer
D. Twenty (20) pounds of soil sulphur
Planting - Trees and Shrubs
Shall be as per Section 308-4.5 of the Standard Specifications
except as follows:
planting hole shall be one (1) inch less
A. Depth of
than the height of the root ball.
B. Backfill with amended topsoil.
planting - Turf
Shall be sod, Marathon Fescue.
Tree Staking
Shall comply with details on drawings.
Now Strips
Shall be 6" X 6" P.C.C. and placed per project plans.
River Rock
lestone
stone shall be minimum tOrie6(of the Standard Specifications3) inch diameter
shallshall be per Section 20
Cobbles shall be grouted
o k smooth shall be place,ass and dlclean on
project plans. Final w
appearance and shall be approved by the City Engineer prior o
acceptance.
120-Dav Maintenance
Contractor shall maintain landscaping for a period of 120 (one
ays and shall obtain approval and acceptance
hundred twenty) d
form the City of Di120naayaPeraods and Recreation Department
upon completion o
54
Z!3ment
Payment shall be made based on 1
erials, tools ump sum and shall include all
labor, matequipment and incidentals required
for comple er
g all work involved for median island landscaping
and maintenance as specified on the project plans.
Includes all labor
required to comlabor,theaterials, equipment
this Section of irrigation system in and operations
drawings, the Specifications accordance with
and the applicable
Construction Materials
General
All irrigation material shall be in accordance
212-2 of the Standard
Specifications
District and as with Section
specified herein. Walnut Valley Water
Plastic Pipes
Shall comply with
Specifications and Section212-2.1.3 of
Purple pipe,nut Valley Water District and
Standard
and shall be
Valve Boxes
Shall be Ametek 12"
Shall be Am 4 standard boxes with
611 Industries /170103 or Standard Valve box extension, models
and shall be purple in color. (plastic) by Brooks
Security Enclosure
Shall be stainless steel Strong Box, Inc., or equal.
Controller
Shall be Engineer. Model 2000, or equal, as approved by City
Irrigation control Aire
All irrigation control
PVC encased, conforming
shall be minimum 14 -
gauge with AWG standards, gauge copper,
55
Irrigation Control Wire Connectors
Shall be Rainbird ST -03 Grey/PT-S-5 by: Rainbird Sales, Inc.
or Pentite DS 100 by: Spears Manufacturing.
Y -Strainer
Shall be Wilkins YSBR 100 Bronze 3/41, in size with 20 mesh
strainer by: Zurn/Wilkins or 3/4" Febco, 100A-150 with 20
mesh strainer by: Febco.
Pressure Regulator
Shall be Wilkins 610 series with union
Zurn/Wilkins or Honeywell/Braukmann D05A1130
with')union
(3/4")
Pop -Op Sprinkler Heads
Shall be Rainbird 1812 Series SAM -PRS, Model B 16H -SLA and B
16Q -SLA by: Rainbird Sales, Inc. or equal.
Quick Coupling valve
Shall be Rainbird Model No. 33DLRC or Champion QCV-075VL by:
Champion Irrigation Products.
Gate Valves
Shall be Nibco 1/4" Model T-113 by Nibco Inc. or Superior
Model No. 950 Series by: Superior Controls, Inc.
Remote Control Valves
Shall be Rainbird GB series by Rainbird Sales, Inc.
Superior Model No. 950 series by Superior Controls, Inc. or
Other Materials
Not specifically described but required for a complete and
proper reclaimed water irrigation system installation shall be
new, first quality of their respective kinds, and subject to
the approval of the Engineer.
Water Meter and Hot Tap
Meter shall be obtained from Walnut Valley Water District and
installed by Water District.
56
S.C.S. Meter/Connections
Shall be installed per S.C.E. Standards under the supervision
Of S.C.E.
Construction Methods
General Requirements
- The irrigation system shall be installed in accordance with
the requirements of Section 308-2.3 of the Standard
Specifications.
Pipe Excavation and Backfill
Shall comply with Section 308-2.3 of the Standard
- Specifications.
Plastic Pipe Line
Shall comply with Section 308-5.2.3 of the Standard
Specifications.
Valves, Valve Boxes, and Special Equipment
Shall comply with Section 208-5.3 of the Standard
Specifications.
Testing and Inspection
Do not allow or cause any work of this Section to be covered
up or enclosed until it has been inspected, tested, and
approved by the Engineer.
Before backfilling the main line, and with all control valves
in place, but before lateral pipes are connected, completely
flush and test the main line, and repair all leaks. Flush out
each section of lateral pipe before emitters are attached.
Make all necessary provisions for thoroughly bleeding the line
of air and debris.
Before testing, fill the line with water for a period of at
least twenty-four (24) hours.
After valves have been installed, test all live water lines
for leaks at a pressure of 150 PSI for a period of two (2)
hours, with all couplings exposed, and all pipe sections
carefully center -loaded.
Furnish all necessary testing equipment and personnel.
Correct all leaks, and retest until accepted by the Engineer.
57
Final Inspection
Thoroughly clean, adjust and balance all systems. Demonstrate
the entire system to the Engineer proving that all remote
control valves are properly balanced, that all emitters are
properly flowing and that the entire system is installed and
is workable, clean and efficient.
Payment
Irrigation system installation shall be paid for on a lump sum
price. The lump sum price shall include full compensation for
furnishing all labor, materials, tools, equipment and
incidentals and for doing all the work involved for irrigation
system installation as specified on the project Plans.
BID ITEM NO. 15 - PARKWAY DRAIN
Construction of parkway drains shall be per the project plans, Los
Angeles County Public Works Standard Plan No. 62-01 and Section 201
and 303-5 of the Standard Specifications.
- Payment will be made at the contract unit price bid per unit
installed.
BID ITEM NO. 16 - 4" D.I.P., CLASS 50
Installation of 4" Ductile Iron Pipe, Class 50 drain pipe,
mechanical joints, including all fittings shall be per project
plans and per Section 207-9 of the Standard Specifications.
Installation shall be per details on plans and per Section 306 of
the Standard Specifications.
Payment will be based on contract unit price bid per linear foot
installed.
BID ITEM NO. 17 - MEDIAN DRAIN INLET
Median drain inlet shall consist of One Brooks No. 1212 Catch
Basin, 4" thick PCC base and No. 1212 cast iron parkway grate, or
equal. Installation shall be per manufacturer's recommendations.
Items may be obtained from: Brooks Products, Inc., Post Office Box
4488, E1 Monte, CA 91734, Telephone No. (818)443-5650.
Payment will be made based upon unit price of median drain inlets
installed.
58
BID ITEM NO. 18 - REMOVE EXISTING CEMENT TREATED BASE & BACKFILL
General
Removal of existing un -confirmed 24" cement treated base shall
be in small areas of 4' X 41 at tree planting locations and
mid -way between trees for irrigation drainage as detailed on
the project plans.
Material
Backfill materials shall be equal to that specified in Bid
Item No. 13, landscaping and shall be re -compacted to a
relative density on ninety percent (90%) in lifts not to
exceed 81, in thickness.
Payment
Payment shall be made based on contract unit price bid per
square foot and shall include all labor, materials,
incidentals, etc. to accomplish C.T.B. removal as detailed in
the project plans.
BID ITEM NO. 19 - SLURRY SEAL EXISTING PAVEMENT
Material
Emulsion aggregate slurry materials shall conform to Section
203-5.2 and shall be placed per Section 302-4.
Payment
Payment shall be made based on the contract unit price bid per
square foot and shall include all necessary labor, materials,
tools, equipment and incidentals to place slurry seal per
Standard Specifications.
BID ITEM NO 20 - 6" D.I.P., CLASS 50
6" Ductile Iron Pipe, Class 50 drain pipe with mechanical joints,
- including all fittings, shall be per project Plans and per Section
207-9 of the Standard Specifications. Installation shall be per
details on Plans and per Section 306 of the Standard
Specifications.
Payment will be based on contract unit price bid per linear foot
installed.
59
_ BID ITEM NO. 21 - 3056-0 PARKWAY DRAIN
Materials and construction shall be per details on the project
storm drain plans, L.A.C.P.W.D. Standard Drawing No. 3056-0 and per
Sections 201 and 303-5 of the Standard Specifications.
Payment will be based on the contract unit price bid per each unit
- installed, complete in place.
BID ITEM NO. 22 - REMOVE AND REPLACE 8" CURB & GUTTER
Existing 8" curb and gutter shall be sawcut to clean lines
perpendicular to centerline of street and removed within limits
- shown on project plans. Materials removed shall become the
property of the Contractor and shall be disposed of by the
Contractor.
Construction of 8" curb and gutter shall be per A.P.W.A. Standard
Plan 120-0, Type A2-8, and per Sections 210 and 303-5 of the
Standard Specifications.
Payment will be made based on the contract unit price bid per
linear foot installed, complete in place.
BID ITEM NO. 23 - REMOVE AND REPLACE 4" PCC SIDEWALK
Existing sidewalk shall be sawcut to clean lines perpendicular and
parallel to centerline of street and removed within limits shown on
project plans. Materials removed shall become the property of the
Contractor and shall be disposed of by Contractor.
Construction of 4" PCC sidewalk shall be per Sections 210 and 303-5
- of the Standard Specifications.
Payment will be made based on the contract unit price bid per
square foot installed, complete in place.
BID ITEM NO. 24 - CORE CATCH BASIN AND CONNECT PIPE
Existing catch basin shall be cored approximately 1" above invert
(or as approved by City Inspector) with a large enough diameter to
accommodate a 4" diameter Ductile Iron Pipe, Class 50, connection
using mortar, equivalent to A.P.W.A. Standard Plan No. 335-0.
.0
BID ITEM NO. 25 - MOBILIZATION/DEMOBILIZATION
This item to include the cost to mobilize all labor and equipment
necessary to perform the work in accordance with the plans and
these Specifications.
Payment for this item will be based on a lump sum.
BID ITEM NO. 26 - D.I.P CLEAN OUT
Construction shall be accomplished as detailed on the project
plans. Materials shall be per Section 207-9 of the Standard
Specifications.
Payment will be made based on the contract unit price bid per each
unit installed, complete in place.
61
APPENDIX "A"
STANDARD DRAWINGS
24"
SECTION
INLET TYPE 2
10'
BAR
5/8'Sa
�I
�► 90°
I/4 B
DETAIL OF ANCHOR
CURB FACE
--- FL
� POINT M POINT N—
INLET INLET
TYPE 2 1 TYPE I
H/W
I
I
I
I
I
I ,
I 6• MIN.
s SECTION
INLET TYPE I
I
1.a 3'
ANCHOR �i CURB FACE
L FL ---
POINT P POINT 0
ANGULARHINGE COVER A
TOP OF FRAME T
E AND
2 PER PIPE PER
PLAN IMPROVEMENT
OR GR
PLAN ADING
I�\ 24"
CI
7 SEE
NOTE
T'
A
PLAN
10•
s
lo•
SHOWN ON PGRADE IROFILE NE AS s/2
TOP OF CURB TOP OF CURB
-- FL FL
POINT M POINT N POINT P POINT p
PROFILE
1. 24'/—GALVANIZEDESTEEL SIDEWALK
FINISH
c BATTER 3,1 SEE NOTE 8 3
" '3 '' SECTION A -A
lO'4'
21/2•:2'>t3/8• 3 •3 6'
21/2'�2'�3/8' 3 13 5' 6' S
3 1/ '�3..1/ 3 -3 6112- _ 6'
3 1/2'r3'>;I/2• 3 .3 y �- •3 0 12• MAX.
3 1/2.0.4/2' 3 .3 4• m — d BARS
31/2'x3•,1/2' 3 13 31/2' ;, -
P
SECTION B -B
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS
PARKWAY DRAIN
STANDARD PLAN
APPROVED 3056-0
D_IR _EC TOROF PUE4LIC WORKS 5/31/1992
DATE SHEET I OF 2.
SUPERSEDES LACRD STD. PLAN NO. 62-01
1
L
1
1
L
L
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS
PARKWAY DRAIN STANDARD PLAN
3056-0
I r— r— s c ur z
T
NOTES
L
FLOOR OF BOX TO BE TROWELED SMOOTH.
2.
WHEN THE TOE OF SLOPE IS WITHIN THE R/W, INLET TYPE I BEGINS
AT THE TOE RATHER THAN THE
R/W LINE.
3.
FOR OPEN DITCH APPROACH (TYPE 2) THE 24' EXTENSION IS NOT
REQUIRED WHEN THE BACK OF
_
LINE. WALK IS 24' OR MORE FROM THE R/W
4.
TOP OF INLET STRUCTURE (TYPE 18 2) TO BE FLUSH WITH ADJACENT
SURFACE WHERE PRACTICAL.
5.
A HEADED STEEL STUD 5/8'x6 3/8' WITH HEAD D=1' ATTACHED BY
A FULL PENETRATION BUTT
WELD MAY BE USED AS AN ALTERNATE
ANCHOR.
J7.
6.
NORMAL CURB FACE AT POINT M AND 0. B+5' AT POINT N AND P.
THE
3' LEG OF THE BAR 5/8.0 ANCHORS SHALL BE PARALLEL TO
THE TOP OF SIDEWALK.
1
8.
SLOPE = 1/4' PER FOOT.
9.
REINFORCING STEEL AND CONCRETE SHALL BE PER APWA 'STANDARD
SPECIFICATIONS FOR PUBLIC
1
WORKS CONSTRUCTION'.
1
L
1
1
L
L
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS
PARKWAY DRAIN STANDARD PLAN
3056-0
I r— r— s c ur z
T
I ,I AL
P
AMOND TREAD ON COVER AND FRAME. SEE NOTE 2.
D IN�EACH CORNER --
3/8" RIB IN EACH CORNE
PLAN
SECTION A -A
15/8'
I/8•
L,y,� 318 •
5/8' CORE . 4 HOLES
SECTION D -D
MI..o w. 1/8• R
3• / a
DRILL AND TAP I 1/2•
FRAME 3/8-16 NC -2
2 3/4•
SECTION E -E SECTION F -F
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS
RECTANGULAR FRAME AND COVER STANDARD PLAN
0
APPROVED 3057-0
DIRECTOR Of PUBLIC WORK 531/1992
DATE SHEET IOF 2
SUPERSEDES LACRD STD. PLAN N0.74—p1
D
L
T
12•
12•
4•
18•
12'
S•
24•
12•
6•
36•
18•
8-
- 48'
18•
10•
57•
18•
10•
60•
21•
II•
66•
21•
II•
72•
24•
12•
-- %-IM-ULAK TIES
100 CONCRETE
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS
CONCRETE COLLAR
FOR P I PES 12 INCHES THROUGH 72 INCHES STANDARD PLAN
APPROVED 3088-0
DIRECTOR Of PUBLIC WORK 31/1992
DATE SHEET I OF 2
SUPERSEDES FLOOD STD. DWG. NO. 2-0393
NOTES
1.
A CONCRETE COLLAR IS REQUIRED WHERE THE CHANGE IN GRADE
EXCEEDS 0.10 OF A FOOT PER FOOT.
2•
CONCRETE COLLAR SHALL NOT BE USED FOR A SIZE CHANGE
THE MAIN LINE.
ON
3.
CONNECTOR PIPES
a• WHERE PIPES OF DIFFERENT DIAMETERS ARE
CONCRETE
—
JOINED WITH A
COLLAR, L AND T SHALL BE THOSE OF THE LARGER
PIPE. D=Di OR D2, WHICHEVER IS
b
GREATER.
WHEN pIS EQUAL TO OR THANSOFFJOIN
WHEN Di IS GREATER THAN D2S INVERTS AND
OINITS.
— 4•
FOR PIPE LARGER THAN 72' SPECIAL COLLAR DETAILS
REQUIRED.
ARE
_ 5.
FOR PIPE SIZE NOT LISTED USE NEXT SIZE LARGER.
6.
OMIT REINFORCING ON PIPES 24' AND LESS IN DIAMETER AND ON
PIPES WHERE ANGLE A IS LESS THAN
100.
7•
WHERE REINFORCING IS REQUIRED THE DIAMETER OF THE CIRCULAR
TIES SHALL BE D+(2X WALL THICKNESS)
+ g•
8.
PIPE MAY BE CSP, CONC. PIPE OR RCP.
J9•
REINFORCEMENT SHALL CONFORM TO ASTM A
SHALL TERMINATE 1 1/2' CLEAR 615 GRADE 40 AND
1
OTHERWISE SHOWN. OF CONCRETE SURFACES UNLESS
1
L.vS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS
CONCRETE COLLAR STANDARD PLAN
FOR PIPES 12 INCHES THROUGH 72 INCHES 3088-0
SHEET 2 OF 2
3
0
Q
L
6 W JI:
v
BATTER a
LEVEL e
A3-6 1
AND
A3-8
I. ALL DIMENSIONS ARE MEASURED IN INCHES.
2. "CF' IS THE LAST NUMBER IN THE DESIGNATION.
3. ' W" IS 24' UNLESS OTHERWISE SPECIFIED.
4• TYPES A1, A2, A3 ANOCI ARE CONSTRUCTED OF PORTLANC
CEMENT CONCRETE.
s. TYPE 01 IS CONSTRUCTED OF ASPHALT CONCRETE.
6. TYPE Cl CURB SHALL BE ANCHORED WITH DOWELS AS SHOWN
OR WITH AN EPDXY APPROVED BY THE ENGINEER.
GRADE SHALL BE MEASURED AT CURB LINE AT TOP OF CURB.
S. ALL EXPOSED CORNERS ON PCC CURBS AND CUTTERS TO
BE ROUNDED WITH A 1/2' RADIUS.
AND
A2-8
Z
m
Q
S
L?
TIER 3 12
PAVEMENT
D1-6
AND
Di -
U)
J:
m
�I
BATTER
u' iii a' 1
/ PAVEMENT
4 DOWEL AT 4'O
to . MIN. LENGTH, I
Cl —6 GROUTEDIN PLACE
AND
AMERICAN PUBLIC WORKS ASSOCIATION _ C
SOUTHERN CALIFORNIA CHAPTER
JOINT COOPERATIVE Cp MRTEE
CURB AND GUTTER -BARRIER STANDARD 0
1984
USE WRH STANDARD SPECIFICATIONS FOR PUBLIC WpRXg CONSTRUCTION � 20 -
SHEET 1 OF 1
Y= 2.25W(L)2
L=LENGTH OF TAPER
W=MAXIMUM OFFSET DISTANCE
X=DISTANCE ALONG BASELINE
Y=OFFSET FROM BASELINE
L DISTANCE X
60'
S'
10'
15'
20'
25'
30'
35'
40'
45'
50'
55'
60'
72'
6'
12'
IS'
24'
30'
36'
42'
48'
S4'
60'
66'
72'
90'
7.5'
15'
22.5'
30'
37.5'
45'
52.5'
60'
67.5'
75'
82.5'
90'
120'
10'
20'
30'
40'
50'
60'
70'
80'
90'
100'
110'
120'
150•
12.5'
25'
37.5'
50'
62.5'
75'
87.5'
100'
112.5'
125'
137.5
150'
W
OFFSET Y
10
0.16'
0.62'
1.41'
2.50'
3.75'
5.00
6.25'
7.50'
8.59'
9.38'
9.84'
10.00'
II'
12'
0.17'
0.19'
0.69'
0.75'
1.55'
1.69'
2.75'
3.00'
4.13'
4.50'
5.50'
6.00'
6.88'
7.50'
8.25'
9.00'
9.45'
10.31'
10.31'
11.25'
10,83'
11.00'
11.81'
12.00'
19'
0.30'
1.19'
2.67'
4.75'
7.13'
9.50'
11.88'
14.25'
16.33'17.81'
18.70'
19.00'
20'
0.31'
1.25'
2.81'
5.00'
7.50'
10.00'
12.50'
15.00'
17.19'
18.75'
19.69'
20.00'
21'
0.33'
1.31'
2.95'
5.25'
7.88'
10.50'
13.13'
15.75'
18.05'
19.69'
20.61'
21.00'
22'
0,34'
1.36'
3.09'
5.50'
8.25'
11.00'
13.75'
16.50'
18.91'20.62'
21.66'
22.00'
NOTE:
TO DETERMINE OFFSET DISTANCE FOR ANY LENGTH OF TAPER USE THE FORMULA Y=2.25W(X12
FOR THE PORTIONS AS' AND C'D' WHICH ARE PARABOLIC CURVES. THE PORTION B'C' IS A
TANGENT. WHEN THE BASELINE IS CURVED. THE OFFSETS ARE APPLIED TO THE CURVED BASELINE.
AND B' C' IS NO LONGER A TANGENT.
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER
PROMULGATED BY THE APWA•A(W STANDARD PLAN
JOINT °°"""n° im MEDIAN TAPER
REV. 140-1
USE WITM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SHEET 1 OF 1
Z PARABOLIC FLARE _
x .- L -
m� eASE LINE-�
0.80'
1.80'
3.20'
Y - T -+- F--
3
1-
-
1.60' 2.33'1 2.50'! 3.60' 4.90'i 5,63'
TANGENT
0.36" 0.56' : 0.80'
. R
50'
MEDIAN NOSE
Y=W(_)2
L - LENGTH OF FLARE IN FEET
W - MAXIMUM OFFSET DISTANCE IN FEET
X - DISTANCE ALONG BASE LINE IN FEET
Y = OFFSET FROM BASE LINE IN FEET
TAN 8 = -
T=R TANI
T = TANGENT
R - RADIUS OF NOSE IN FEET
OFFSET Y
L X 1 O' 1 S' 2 O' 2 s' 3 0' to. I I S' S O' 60' 7 0' 7 S• a 0' 9 O' 100'
FOR W/L - 1.5
2 S'
0.80'
1.80'
3.20'
5.00
?
0.40" 0.63' i 0.90'
-
1.60' 2.33'1 2.50'! 3.60' 4.90'i 5,63'
-
0.36" 0.56' : 0.80'
- I 1----1
50'
0.40'
0.90'
1.60'
_i
1 2.30' 13.60' 1 6.40' ; 8.10' j 10.00' I
0. I7'
0.30-70.46-1
0.67'
1 19' 1 1.50,
AOR W/ L • 1:10
50' 0.20' 0.45'
0.80'1,25' I I,eO'
3.20' 4.05'; 5.00'
6.40'. 8.10'
10.00'
100' j 0.10' 0.23'
0.40" 0.63' i 0.90'
-
1.60' 2.33'1 2.50'! 3.60' 4.90'i 5,63'
-
0.36" 0.56' : 0.80'
- I 1----1
2.22' i 3.201
4.36' � 5.00
FOR W/L -1:15
45' 1 0.15'
0.33'
0.59'
0.93'1.33'
2.37-13.00-1
MEDIAN FLARE
141-t
75' ! 0.09'
-0.20'
0.36" 0.56' : 0.80'
1.42' 1 1,80'
2.22' i 3.201
4.36' � 5.00
90'
0.07'
0. I7'
0.30-70.46-1
0.67'
1 19' 1 1.50,
1. es' 2.67 13.63' 4.17'
4.74'1 6.00'
NOTE:
IF STATION OF RADIUS POINT IS NOT GIVEN ON PLAN, TANGENT 'T' MAY BE IGNORED.
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER
BY
STANDARD PI
JOINTICOOED
ATTHEAPWA•AOC
JOINT COOPERATIVE COMMITTEE
MEDIAN FLARE
141-t
Im
USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SHEET 1 OF
0:
U
FACE PLATE
ASSEMBLY
CURB FACE i H�
1Y4 9b 12'
-- - - - - - - - - r 4" R
r EACH WAY STREET, GUTTER
- - I 1 R OR LOCAL DEPRESISION 1
DACE FLOW LINE i I SURFACE �- 1
PLATE_ I _SCORING ..� • • \
I I I LINE 41• &L .i ,3 R
4
2 EXTRA"4 I I t 1' R I -3,2 SLOPE
ON 2 SIDES OF CURB LINE •
I MANHOLE FRAME I I DOWELITYPI I* CLEAR I
AND COVER i L
i I I
STEPS �_ d t F
CATCH BASIN I I
MANHOLE FRAME
AND COVER
;• R
I
W I I I N y I I 4" MIN.
—i r --- — "� - --- �+ / 12' MAX.
I a I•
STEPS OPTIONAL SUBGRADE
-CONNECTOR PIPE
B J OR MONOLITHIC
CATCH BASIN
L J,4 CONNECTION
- " q OPTIONAL ROUGHENED
CONST. JOINT (TYP.)
SECTION A -A
DOWEL (TYP.I�
U
PLAN
6"
r -
44
1 90,
M
DOWEL DETAIL
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER
STANDARD PLAN
JOINT
PROMULGATED COMMIAPWATTEE
CURB OPENING CATCH BASIN 300-1
JOINT COOPERATIVE COMMITTEE
1964 SHEET / OF 2
REV.1992 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
STRUCTURAL DATA
WALL AND SLAB DIMENSIONS
AND REINFORCEMENT REQUIREMENTS
REINFORCEMENT
MAX MAX
t tF REQUIRED IN
W
V
FRONT I REAR BOTTOM
END
WALL WALL SLAB
WALL
3.5
8'1
6 6
S.5
12
8 8
E
T'
8'
6 6 0 E
T'
12'
I
8 B N
0
U
14
4
6 6 iR. F
I
8
6 8 'i, q
E
14
It
a 10'
D
N
6 � E a
6'
L
0
Z
��
j T i Nom,
iv
I
1210'
E
D
fOR W) 2I'
V )12' OR B) • SEE PROJECT PLANS
6"
r -
44
1 90,
M
DOWEL DETAIL
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER
STANDARD PLAN
JOINT
PROMULGATED COMMIAPWATTEE
CURB OPENING CATCH BASIN 300-1
JOINT COOPERATIVE COMMITTEE
1964 SHEET / OF 2
REV.1992 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
I NOTES:
WHERE THE BASIN IS TO BE CONSTRUCTED WITHIN THE LIMITS OF EXISTING OR PROPOSED
SIDEWALK OR IS CONTIGUOUS TO SUCH SIDEWALK, THE TOP SLAB OF THE BASIN MAY BE POURED
EITHER MONOLITHIC WITH THE SIDEWALK OR SEPARATELY, USING THE SAME CLASS OF CONCRETE
AS IN THE BASIN. WHEN POURED MONOLITHICALLY, THE SIDEWALK SHALL BE PROVIDED WITH A
WEAKENED PLANE OR A 1 -INCH DEEP SAWCUT CONTINUOUSLY AROUND THE EXTERNAL PERIMETER
OF THE CATCH BASIN WALLS, INCLUDING ACROSS THE FULL WIDTH OF THE SIDEWALK. SURFACE OF
ALL EXPOSED CONCRETE SHALL CONFORM IN SLOPE, GRADE, COLOR, FINISH, AND SCORING TO
EXISTING OR PROPOSED CURB AND WALK ADJACENT TO THE BASIN.
2. ALL CURVED CONCRETE SURFACES SHALL BE FORMED BY CURVED FORMS, AND SHALL NOT BE
SHAPED BY PLASTERING.
3. FLOOR OF BASIN SHALL BE GIVEN A STEEL TROWEL FINISH AND SHALL HAVE A LONGITUDINAL AND
LATERAL SLOPE OF 1:12 MINIMUM AND 1:3 MAXIMUM, EXCEPT WHERE THE GUTTER GRADE EXCEEDS
8 PERCENT, IN WHICH CASE THE LONGITUDINAL SLOPE OF THE FLOOR SHALL BE THE SAME AS THE
GUTTER GRADE. SLOPE FLOOR FROM ALL DIRECTIONS TO THE OUTLET.
4. DIMENSIONS:
B = 3 FEET 2 INCHES
V = THE DIFFERENCE IN ELEVATION BETWEEN THE TOP OF THE CURB AND THE INVERT OF THE
CATCH BASIN AT THE OUTLET = 4.5 FEET.
Vu= THE DIFFERENCE IN ELEVATION BETWEEN THE TOP OF THE CURB AND THE INVERT AT THE
UPSTREAM END OF THE BASIN, AND SHALL BE DETERMINED BY THE REQUIREMENTS OF NOTE
3, BUT SHALL NOT BE LESS THAN CURB FACE PLUS 12 INCHES.
V, = THE DIFFERENCE IN ELEVATION BETWEEN THE TOP OF THE CURB AND THE INVERT OF THE
INLET. NOTED ON THE PROJECT PLANS.
H = NOTED ON THE PROJECT PLANS.
W = NOTED ON THE PROJECT PLANS.
A = THE ANGLE, IN DEGREES, INTERCEPTED BY THE CENTERLINE OF THE CONNECTOR PIPE AND
THE CATCH BASIN WALL TO WHICH THE CONNECTOR PIPE IS ATTACHED.
5. PLACE CONNECTOR PIPES AS INDICATED ON THE PROJECT PLANS. UNLESS OTHERWISE SPECIFIED,
THE CONNECTOR PIPE SHALL BE LOCATED AT THE DOWNSTREAM END OF THE BASIN. WHERE THE
CONNECTOR PIPE IS SHOWN AT A CORNER, THE CENTERLINE OF THE PIPE SHALL INTERSECT THE
INSIDE CORNER OF THE BASIN. THE PIPE MAY BE CUT AND TRIMMED AT A SKEW NECESSARY TO
INSURE MINIMUM 3 -INCH PIPE EMBEDMENT, ALL AROUND, WITHIN THE CATCH BASIN WALL, AND
3 -INCH RADIUS OF ROUNDING OF STRUCTURE CONCRETE, ALL AROUND, ADJACENT TO PIPE ENDS. A
MONOLITHIC CATCH BASIN CONNECTION SHALL BE USED TO JOIN THE CONNECTOR PIPE TO THE
CATCH BASIN WHENEVER ANGLE "A" IS LESS THAN 70 DEGREES OR GREATER THAN 110 DEGREES,
OR WHENEVER THE CONNECTOR PIPE IS LOCATED IN A CORNER. THE OPTIONAL USE OF A
MONOLITHIC CATCH BASIN CONNECTION IN ANY CASE IS PERMITTED. MONOLITHIC CATCH BASIN
CONNECTIONS MAY BE CONSTRUCTED TO AVOID CUTTING STANDARD LENGTHS OF PIPE.
6. STEPS SHALL BE LOCATED AS SHOWN. IF THE CONNECTOR PIPE INTERFERES WITH THE STEPS,
THEY SHALL BE LOCATED AT THE CENTERLINE OF THE DOWNSTREAM END WALL. STEPS SHALL BE
SPACED 12 INCHES APART. THE TOP STEP SHALL BE 7 INCHES BELOW THE TOP TO THE MANHOLE
AND PROJECT 2-1/2 INCHES. ALL OTHER STEPS SHALL PROJECT 5 INCHES.
7. DOWELS ARE REQUIRED AT EACH CORNER AND AT 7 FEET ON CENTER (MAXIMUM) ALONG THE
BACKWALL.
8. THE FOLLOWING STANDARD PLANS ARE INCORPORATED HEREIN:
308 MONOLITHIC CATCH BASIN CONNECTION
309 CATCH BASIN REINFORCEMENT
310 CATCH BASIN FACE PLATE ASSEMBLY AND PROTECTION BAR
312 CATCH BASIN MANHOLE FRAME AND COVER
635 STEEL STEP
636 POLYPROPYLENE PLASTIC STEP
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN
CURB OPENING CATCH P 4 QM 300-1
SHEET 2 OF 2
FACE PLATE ASSEMBLY (SEE CATCH BASIN STANDARD PLAN)
i B
m W J
' J
2"CL. E OARS �
3
C BARS i
2"CL. W
D BARS �
F BARS
2"CL. 3
F A BARB F
Xi
0 B BARS
t r
= r G BARS
W I F
x
yam—& . - 3"CL.
BOTTOM SLAB
X/3(MIN.)
TYPICAL REINFORCEMENT DETAILS
G GA
I run v r Ic -`SG BARS
!" CL.
GRATING CATCH BASIN REINFORCEMENT TYPICAL REINFORCEMENT DET
NOTEt UNLESS OTHERWISE SPECIFIED REINFORCEMENT FOR CURD OPENING AND GRATING
CATCH BASINS SHALL TERMINATE 2 INCHES FROM FACE OF CONCRETE.
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTERSTANDA
OPL
COMMITTEEL"TED BY 7M APWA-AGC
COOKUTWE CATCH BASIN REINFORCEMENT 309-C
19M SHEET, OF
USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SUPPORT BOLT AND FACE PLATE Wff TOP SLAB
CURB LINE-
S/16"XIO" FACE PLAN
6S I/=
11/16" RADIUS
1/4" RADIUS
7u
i 1/4" RADIUS
a
4A
�I
W
J
�3-0'4 BARS X(Wt6") IN ADDITION TO
REINFORCING STEEL PER APPLICABLE
CATCH BASIN STANDARD PLAN
M
s
7.
r ....
Z � �
Lu NUTS
-IW ��-II/," HOLE IN PLATE
o ran
3/S" DIAMETER COUNTERSINK C- C. ON SUPPORT BOLT
FOR SET SCREW. NONE REQUIRED FOR CURB FACE LESS
° THAN 7". THREE REQUIRED FOR 7" CURB FACE. ADD ONE
COUNTERSINK FOR EACH INCH OF CURB FACE GREATER
THAN 7"
-- 1" SUPPORT BOLT
LENGTH- C. F. PLUS 6"
• • 4 A•IB FOR CURB BATTER LESS THAN 2"12
o •.o " So FOR CURB BATTER 2012 THRU 4:12
AS SHOWN ON " n• " • PLANS FOR ALL OTHER
CURB BATTER
T
SECTION
,---LOCATE WELDS It,
-OPENING FOR CONC. vm" X 10" LONGER SPAN SE
PLACEMENT (TYP.) FACE PLATE •\ MENT
INTERIOR FACE OF CATCH —5/16'X10"
BASIN END WALL FACE PLATE
\\ % 3/4" DIA.
�✓ HOLE(TYP.)
1 3" 1 _ SQUARE
•_i 1�� " �
HOLES-
LAI)
OLES
LAI) \- END ANCHOR(TYP.)
I
END DETAIL
*/",x14:"
CARRIAGE
BOLTS AND
HEX. NUTS
6"X 3/B11X6""
SPLICE PLA'
-JOINT
SPLICE DETAIL
At
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFUnml#% %, 1.
STANDARD P
11 11 CATCH BASIN FACE PLATE ASSEMBLY 310-1
`DATED BY TME APW AQCME AND PROTECTION BAR
COOPERATIVE COYYITfEE SHEET 1 OI
1yµATKWNS FOR PUBLIC WORKS CONSTRUCTION
USE WITH STANDARD SPECIFlC
TE 6►► li ,_, r
T AND FACE PLA
SUPPORT
BOL
-T
LINE—
)'",5
INE
% ",5 I -E
FACE PLATE
6S/s
11/16" RADIUS
A
1
OPENING FOR CONC.
PLACEMENT (TYP.)
1
i
t
3_4 BARS %1w+6' 1 IN ADDITTO
/ REINFORCING STEEL. PER APPLICIONABLE
CATCH BASIN 5T/•NJ'kRO PLAN
Be IEtEN
%SURFACE COURSE TO SPE
WITH ADJOININ ON P
ICA LALK AS SHOWN . //OisSIO•
FSHOWN
qmL SEE FACE
OR DETAILS NOT
PLATE (4-1/2' TOP SLAB) SHEET I•
SE�ON
LOCATE WELDS IN
LONGER SPAN SEI
WENT
-- ENO ANCHOR(TYPA ar" "- r
SPLICE DETAIL
END DETAIL
gspC1AT10N — S2�1ERN CALIFORNIA CNAP�R R ll 311
ERICAN pugLlC WORK8 A TECTION BA sNmv
CE PLATE ASSEMBLY AND PRO
CATCH BASIN FA
FACE PLATE ANCHORS I
TYPICAL
CA
__ •" O• .o• t_ 11. Oh•
r I p
MAX..
• HORS.21" O.C.
STEEL ANCAMC AND LOWER AN—
J�j•„ • ALTERNATE
CHORS AS SHOWN
HOOK ANCHOR _
4112"
TOp SLS
Q
YPICAL • i
3/e • o .
O,♦ �•
" x e" STEEL AMC 0 LOWER ANCHORS
as lags, ALTERNATE UPPER AND
AS SHOWN SLAB
TOP
ROUND HEAD ANCHOR _
R p►NO supppR Gl+r~
IpN BA p S :=STYPE A
ROTECT LE STlRRV 3/4" DIA. PROTECTION BAR
A'��usT A
B
L END ANCHOR
END ANCHOR WITH FACE PLATE SUPPORT BOLT pIRUPlTYP1
ANO SET / ADJUSTABLE
COUPLING A I/
SCREW
W --
DOWNSTREAM ��EV ATION
E140 OF BASIN
140
�. eTTEN ANCHOo.11NG
STD. 3/4..
STEEL PIPE-
,L
Aq\
E
PROTECTION BAR
STD. 3/4e STEEL COUPT1R£
TO FIT SNUG OVER THREAT
LENGTI40/4 NPS .►wl
OLE 00
ORVLL A' TAP SOCKET SETgSCREW
5/6-NCXN12
Willi 3116 RECESSED HEX HOLE,
1/9
DETI
s
PROTECTION BAR AND SUPPORT BOLTS WITH
FIXED STIRRUPS) - (TYPE B)
(slu
PPORT BOLT AND 3/4" DIA. PROTECTION BAR
FIXED STIRRUAND
(2 SECTIONS MIN.)
I/2' PIPE
FACE PLATE 1/2" PIPE THREADED EACH END(1/2"NPT)
CAP(NPT) � E� YE BOLT /COUPLING(NPT) 1/2" PIPE
,F---�.•\a--- I ( EYE BOLT /---CAP(NPT)
m
ELEVATION
FACE PLATE
-77
/ 3/4" HOLE
~l
• \ �-5/8" EYE BOLT
WITH HEX NUTS
PROTECTION BAR
I R • 5/8"
! /
EYE BOLT DETAIL STIRRUP DETAIL
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTERTSTAMIDARIDPLAN
CATCH BASIN FACE PLATE ASSEMBLY AND PROTECTION BA310-0
SHEET 5 OF 6
FACE PLATE
\ 6
IWC TYP. 1/4
/
/
m
11/s" HOLE
oc
/�
Q
SUPPORT BOLT
1/2" 0 FIXED
STIRRUP
PROTECTION BAR
I R • 5/8"
! /
EYE BOLT DETAIL STIRRUP DETAIL
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTERTSTAMIDARIDPLAN
CATCH BASIN FACE PLATE ASSEMBLY AND PROTECTION BA310-0
SHEET 5 OF 6
w T
Q' Z
w w
zu
wp N L WD L T
x N
A< W CURB OPENING CATCH BASIN (S)
i H CURBSIDE GRATING D WITH GRATING (S)
w y CATCH BASIN (S)-
1
— —_ C (SEE SHEET 1)
CURB POINT A POINT 8 i —� i POINT C POINT 0 CURB
L ---------J GUTTER)
LJR
POINT E TRpI 7' 1 �►,1" Y VqeC
A �Y qq
POINT f C POINT G
PLAN D
W~ CASE C
4
w� N K -- WD — -- h•--- L ---�-- N
W<� CURB OPENING CATCH BASIN WITH D -CURB OPENING CATCH BASIN WITH
GRATING (S) AND DEBRIS 7 --{--1 MANHOLE IN STREET
NNu SKIMMER ---� 1
E
CURB POINT A—/ POINT 8 POINT C—/' lR ::POINT D CU8RB
GUTTER)
NS y I <Fr R4I
POINTE tfk vPL4i ' VALLEY R
_POINT F D LE POINT G
PLAN DIRECTION OF FLOW
CASE D W.
< <�
w A cc -I
�� �N L(CASE C) WO L
INF -T
POINT A POINT B P INT C POINT D
(CASE C)
FLOW LINE
(CASE D)
FLOW LINE PROFILE
CASES C AND D
M I.
2'-2 , FOR MANHOLE01R 6" M I•
2'- I FOR FRAME
i AND GRATING IF VAR.
JI I VAR.
C—weSTRAIGHT GRADE
URB
I ' FACE t o f
r � yyy��� � �j.; -(r •: VALLEY I
I ` MANHOLE
I -°R- SECTION E- E
FRAME AND GRATING
1 SECTION D -D
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PUH
LOCAL DEPRESSIONS AT CATCH BASINS 313-0
SHEET 2 OF 4
122
�e
w<�
=o'I'j
3z1,_
lV N l7
—9 CURB
�-I
CURB -�
POINT E
K WD K
CURB OPENING
CATCH BASIN (S1
I� �I
I• �I
POINT E
A
POINT B POINT C
PLAN
CASE E
CURB
CF�R40f GUTTER
C (SEE SHEET 1)
K WD K—I
CURBSIDE GRATING CURB OPENING CATCH BASINS)
CATCH BASINIS) --- WITH GRATING (S)
fSEE SHEET I I -----�
GRPp i POINT C I rR4j R CURB
�4�(fyR40 GUTTER
POINT B L ------------J —�—J
POINT P PLAN
CASE F
POINT R
WZ K WD
= W
ru
a CURB OPENING CATCH — — — — — --
W
Waw BASIN WITH GRATING (5)
-----_
3 zI.- AND DEBRIS SKIMMER
i-------
fU ��
I
CURB P Ht�GaPOE I ESC �POINT C_.,/
3 R,
SSP J POINT B I __ CURB OPENING CATCH BASIN
WITH MANHOLE IN STREET
T1 I.�_ `J
POINT E
POINT P PAINT 5
C
CURB i
e
GUTTER J
C(SEE SHEET 1)
PLAN --DIRECTION OF FLOW W
v
CASE G .`
CC cc
on � K _-- WD---- — K z`u
zu —1
POINT B &EM C FLOW LINE
FLOW LINE PROFILE
CASES E. F AND G
AMERICAN PUBLIC WORKS ASSOCIATION — SOUTHERN CALIFORNIA CHAPTER
STAMP PLAN
313-0
SHEET 3 OF 4
LOCAL DEPRESSIONS AT CATCH BASINS
L
NOTES:
1. ALL EXPOSED EDGES SHALL BE ROUNDED TO A 112 -INCH RADIUS.
2. THE CURB FACE AT POINTS A AND D SHALL BE THE NORMAL CURB FACE OF THE ADJACENT CURB.
THE CURB FACE AT POINTS B AND C SHALL BE THE NORMAL CURB FACE OF THE ADJACENT CURB
PLUS H (SEE APPLICABLE CATCH BASIN STANDARD PLAN).
3. IN EXISTING STREETS WHERE NO PAVEMENT REMODELING IS INDICATED, THE ELEVATION OF THE
OUTER EDGE OF THE LOCAL DEPRESSION SHALL MEET THE FINISHED STREET SURFACE.
4. IN NEW STREETS, OR IN EXISTING STREETS WHERE PAVEMENT REMODELING IS INDICATED:
THE ELEVATIONS OF POINTS F AND G SHALL BE SET H, HIGHER THAN THE GUTTER FLOW LINE
ELEVATIONS AT POINTS A AND D, RESPECTIVELY.
THE ELEVATIONS OF POINTS P AND R SHALL BE SET HZ HIGHER THAN THE GUTTER FLOW LINE
ELEVATIONS AT POINTS B AND C, RESPECTIVELY.
THE ELEVATION OF POINT S SHALL BE SET H2 HIGHER THAN THE ELEVATION AT THE NEAREST
GUTTER FLOW LINE.
WHERE THERE IS NO GUTTER ADJACENT TO THE LOCAL DEPRESSION, THE ELEVATION OF POINT
E SHALL BE SET H3 HIGHER THAN THE ELEvATION AT THE NEAREST TOE OF CURB.
5. DIMENSIONS:
H = NOTED ON THE PROJECT PLANS.
H, = NOTED ON THE PROJECT PLANS.
H2 = NOTED ON THE PROJECT PLANS.
H3 = NOTED ON THE PROJECT PLANS.
G = 2 FEET.
K = 5 FEET.
L = 6 FEET.
M = 4 FEET.
N = 5 FEET.
Wp= CATCH BASIN W FOR ONE CATCH B,
MULTIPLE CATCH BASINS.
THE THICKNESS OF THE LOCAL DEPREE
AMERICAN PUBLIC WORKS ASSOCIATION - I
LOCAL DEPRESSIONS A
?cR-S7 ... _
L'1cR- —
_':
REINFORCEMENT— ---
JPT'.ONA,
CONSTRUC7.0`.
,)OINT
DETAIL 'A'
1/2"0
WALL
MODIFICATIONS FOR SIDE
F---
4X4XMi3 (GALVA
LENGTH • WIDTH OF
--•4
CJ710' EAC. -I WAY
-EDGE OF
l5' -6'
MAX.
o=2'-6' MIN.
I
1
OPENING DER
SLOPE TO
STO. PLAN 31C
�
112
Xt
I
FROM ALL
12' M111+
Q
v R:1
,>(
LD
3' R I
PLAN
N
WITH 12-•4 ITOP a BOTTOM
ANO •^ -� 12' TIES n' -
C
1/2"0 x 6' ANCHOR AT MIDSPAN AND
024' CENTERS EACH SIDE. ANCHORS
MAY BE SHORTER ON BACKSIDE OF
REAR BEAM. SEE NOTE 7
3x3-W.9XW.9 12' WIDTH
WALL
MODIFICATIONS FOR SIDE
N r
�
4X4XMi3 (GALVA
LENGTH • WIDTH OF
r
vl-
OPENING PLUS 6'.
-EDGE OF
3' BEARING EACH END
I
EXISTING OR NEW REINFORCEMENT
c
1/3 •4 10'
�]If
M,N 04 0) 10' WITH 12' BEND
CONNECTOR PIPE
-y NOTES
i UTILITY LOCATION AND TYPE
SHOWN ON PROJECT DRAWINGS.
SECTION
i-- t STEEL BEAM
INSIDE FACE
OF CB j 3' .4 0 4. OC
-T—
WL _L — 2' R
1 CONCRETE PIER
TYP. 9 PACE
r 4 ASPNECESSARY:
MAXIMUM 7'-0'
DETAIL W SECTION X -X
CASE I
CATCH BASIN MODIFICATION
WITH REAR CULVERT ENTRANCE
AND / OR ENTRANCE PROJECTION
STREET OR LD SURFACE—,
POUR L�I '
AGAINST
UNDISTURBED i o!
EARTH
OPTIONAL SUBGRADE M18' 2'
IN
SECTION
CASE 2
CATCH BASIN MODIFICATION
TO AVOID EXISTING UTILITY
;—INSIDE
WALL
MODIFICATIONS FOR SIDE
z
-r---
11
,�
i I
-EDGE OF
- - u
I
I
o=2'-6' MIN.
I
1
=I
SLOPE TO
OUTLET
a
I
FROM ALL
of
DIRECTIONS,
UTILITY
i
3' R I
POUR L�I '
AGAINST
UNDISTURBED i o!
EARTH
OPTIONAL SUBGRADE M18' 2'
IN
SECTION
CASE 2
CATCH BASIN MODIFICATION
TO AVOID EXISTING UTILITY
;—INSIDE
WALL
MODIFICATIONS FOR SIDE
STEPS
-r---
11
--
lLi
4'I
-EDGE OF
USE WITH STANDARD SPECIMATIONS FOR PUBLIC WORKS CONSTRUCTION
SHEET I OF 2
OUTLET
1
I
I
3/4' DIA.
GALVANIZED
SAFETY BAR•-=
PLAN
�— WALL
/ J DIA.
GALVANIZED
SAFETY BAR*
FLOOR
4' SLAB
i
`—t OUTLET
SECTION 1-1
-NOTE.
SAFETY BAR SHALL BE
3/4' DIA. GALV.. HOT-
ROLLED STEEL PER
ASTM DESIGNATION A 36.
CASE 3
SAFETY BAR FOR DROP
OUTLET CATCH BASIN
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER
PRorwLGATEo BY THE APWA•AOC
MODIFICATIONS FOR SIDE
STANDARD PLAN
JOINT COOPERATIVE COYYIT
OPENING1992 CATCH BASIN
314-0TEE
USE WITH STANDARD SPECIMATIONS FOR PUBLIC WORKS CONSTRUCTION
SHEET I OF 2
NOTES
I. MODIFICATIONS ARE TO BE USED AS REQUIRED BY THE PROJECT
DRAWINGS. ANY ADDITIONAL CHANGES ARE SUBJECT TO THE
APPROVAL OF THE ENGINEER.
2. DETAILS NOT SHOWN SHALL BE PER THE APPLICABLE CATCH BASIN
STANDARD PLANS.
3. REFER TO THE PROJECT DRAWINGS FOR DETAILS OF THE UTILITY
AND CULVERT.
4. INTERFERING PORTIONS OF EXISTING CULVERTS SHALL BE REMOVED
ON A LINE NORMAL TO THE CULVERT CENTER LINE AND A PORTION
OF THE CULVERT RECONSTRUCTED IF REQUIRED. SAW CUTTING
SHALL BE USED TO PROVIDE A NEAT JOINT ON THE EXPOSED
SURFACE AND TRANSVERSE STEEL SHALL BE RETAINED.
5. PLACE STEPS IN END WALL OF CATCH BASIN UNLESS OTHERWISE
SHOWN.
6. WHEN REINFORCEMENT IS REQUIRED BY STANDARD PLAN 309. IT
SHALL BE PLACED TO THE CONFIGURATION OF THE MODIFIED BASIN.
IF ANGLE A EXCEEDS 45° THE SLOPING PORTION OF THE INVERT
SHALL BE REINFORCED AS THE REAR WALL. LENGTH OF BARS SHALL
BE INCREASED AS NECESSARY.
7. ELECTRICALLY WELDED STUDS 1/2' x 8'. NELSON H4F OR EQUAL MAY
BE USED IN LIEU OF THE DEFORMED BAR ANCHORS. IF THE TOP
SLABS OF THE CATCH BASIN AND THE CULVERT ARE NOT IN THE
SAME PLANE THE ANCHORS ON THE CULVERT SIDE SHALL BE
OMI TTED.
8. THE FOLLOWING STANDARD PLANS ARE INCORPORATED HEREIN:
300 CURB OPENING CATCH BASIN
308 MONOLITHIC CATCH BASIN CONNECTION
309 CATCH BASIN REINFORCEMENT
310 CATCH BASIN FACE PLATE ASSEMBLY
AND PROTECTION BAR
312 CATCH BASIN MANHOLE FRAME AND COVER
635 STEEL STEP
636 POLYPROPYLENE PLASTIC STEP
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER
STANDARD PLAN
314-0
SHEET 2 OF 2
MODIFICATIONS FOR SIDE OPENING CATCH BASIN
CONC.
PIPE
UNDISTURBED
EARTH
k MAIN LINE
EXISTING RCP
STORM DRAIN EXISTING RC BOX
STORM DRAIN
i
G
PLAN
CHIP PIPE TO SURFACE OF
CONCRETE AND ROUND EDGES
L--CONC
PIPE
SUPPORT PIPE ACROSS
TRENCH WITH 420-C-2000
CONCRETE BACKFILL.
SEE NOTE 3
SECTION B - B
CASE I
PLAIN CONCRETE PIPE
D = 24 • MAX.
I 1 4' MIN.
VARIES TO SUIT
CONDITIONS
v
PLAN CASE 2 SECTION
SADDLE CONNECTION
MORTAR
s
PLD
UM BEARING
SURFACE = 00/2
SECTION C - C
RTAR
Q -.
AMERICAN PUBLIC WORKS ASSOCIATION — SOUTHERN CALIFORNIA CHAPTER
PROIraaAT®sr THE MAMA -AOC
''°"'T c°°PERIm
PIPE CONNECTIONS TO
EXISTING STORM DRAINS
STANDARD PIAN
335-0
USE WI I H STANDARD SPEC WATIONS FOR PUBLIC MIORKS CONSTRUCTION
SHEET I OF 3
EXISTII
FI
_ -- - -- -- ---- DRAIN
CLASS C MORTAR
PLAN
CSP OR RCP
RCP
� r•
RCP
.r r
CSP OR RCP
UNDISTURBED EARTH CORRUGATED STEEL
BAND CONNECTOR
SUPPORT PIPE (CS BAND CONNECTOR
ACROSS TRENCH NOT NEEDED FOR RCP)
WITH 420-C-2000
CONCRETE BACKFILL.
SEE NOTE 3
BURN OR CUT PIPE TO
SURFACE OF CONCRETE
AND ROUND EDGES OF RCP
SECTION E - E
OPTIONAL
RECTANGULAR COLLAR
POD
DIA. OF C S P MIN..GAGE15' - 21' I6
MINIMUM BEARING 24' 14
SURFACE = OD/2
SECTION F - F
CASE 3
RCP OR CSP
0 = 24• MAX.
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER
STANDARD PLAN
335-0
SHEET 2 OF 3
PIPE CONNECTIONS TO EXISTING STORM DRAINS
NOTES
CASE I AND CASE 3
1. OUTSIDE DIAMETER OF THE CONNECTOR PIPE SHALL NOT BE GREATER
THAN 1/2 THE INSIDE DIAMETER OF THE RCP MAIN LINE.
2. INSIDE DIAMETER D OF THE CONNECTOR PIPE SHALL NOT BE GREATER
THAN 24'.
3. THE MINIMUM OPENING INTO THE EXISTING STORM DRAIN SHALL BE THE
OUTSIDE DIAMETER OF THE CONNECTING PIPE PLUS I%
THE CONCRETE BACKFILL SUPPORTING THE CONNECTING PIPE MAY BE
OMITTED IF THE PIPE IS LAID ON UNDISTURBED EARTH TO STORM DRAIN
WALL.
4. ALL CSP AND FITTINGS SHALL BE GALVANIZED. BAND CONNECTORS MAY
BE 2 GAGES LIGHTER THAN THE PIPE. BUT WITH A MINIMUM GAGE OF 16.
THEY SHALL BE CONNECTED AT THE ENDS BY ANGLES HAVING MINIMUM
DIMENSIONS OF 2"x2'x3/16' AND 5 1/2' BOLTS.
5. WHEN JOINING A RCP CONNECTOR PIPE TO A CSP CONNECTOR PIPE, THE
INSIDE DIAMETER D OF THE CSP SHALL BE AT LEAST EQUAL TO BUT
NOT MORE THAN 3' GREATER THAN THAT OF THE RCP.
6. CONNECTOR PIPES SHALL BE NOT MORE THAN 5' ABOVE THE INVERT.
7. CONNECTOR PIPES SHALL ENTER MAIN LINE RCP RADIALLY.
8. WHEN CONNECTING TO A RCB. STANDARD PLAN 333 SHALL BE USED IF
THE TOP OF THE CONNECTOR PIPE IS LESS THAN 12' BELOW THE SOFFIT
OF THE RCB OR THE FLOW LINE OF THE PIPE IS LESS THAN 13' ABOVE
THE FLOOR OF THE RCB AT THE INSIDE FACE.
CASE 2
9. SADDLE CONNECTIONS SHALL BE USED WHEN CONNECTING TO PIPES 21'
OR LESS IN DIAMETER WITHOUT THE USE OF JUNCTION STRUCTURES OR
PRECAST Y BRANCHES.
10. TRIM OR CUT SADDLE TO FIT SNUGLY OVER THE OUTSIDE OF THE MAIN
PIPE SO ITS AXIS WILL BE ON THE LINE AND GRADE OF THE CONNECTING
PIPE.
11. THE OPENING -INTO THE PIPE SHALL BE CUT AND TRIMMED TO FIT THE
SADDLE SO THAT NO PART WILL PROJECT WITHIN THE BORE OF THE
SADDLE PIPE.
12. THE CONNECTOR PIPE SHALL BE SUPPORTED AS SHOWN IN CASE I AND
CASE 3.
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER
STANDARD PLAN
335-0
SHEET 3 OF 3
PIPE CONNECTIONS TO EXISTING STORM DRAINS
3M' DIA. PICK HOLE
2"X 1' DIAMOND MAT
1/S' DEEP
DRILL AND TAP HOLE AND INSTALL W X1'A" STAINLESS
STEEL SOCKET SET SCREW WITH 3ti' RECESSED HEX
ung r e� i Tuoce nc cues i ac u n
i�
\ OUTLINE WHERE
RIB JOINS RIM
FINISHED SURFACE OUTLINE WHERE
_1 RIBS JOIN
5/6• R I SAME ANGLE
1•�
U4*- THROUGHOUT
GAP IN RIM OF COVER OPPOSITE PICK HOLE 11/4' S/,•
BOTTOM OF MANHOLE COVER DETAIL "C"
AMERICAN PUBLIC WORKS ASSOCIATION — SOUTHERN CALIFORNIA CHAPTER
IIULGATED BY THE APWA AGC CATCH BASIN
1fN STANDARD PLM
T C°OPLUTWE C«.�T,EE MANHOLE FRAME AND COVER 312-1
USE WITH STANDARD mcill' CATI0IA FOR /UKIC WORKS C0111111171INCIrm SHEET 1 OF 2
AGENCY
DESIGNATkD INSCRIPTION. ALL
I
INSTALL LOCKING
LETTERS I HIGH.
DEVICE
- -
/ ,T/t
/
'q
INSTALL LACKING
• • '
' %
0EV1cE
LOCKING DEVICE
r«—'1
P_
'r
R 14.4 <1
23 SA' OUTSIDE DIA. OF COINER
I ArR S
•
DETAIL'/
_
Z
I' •
' •
' • 3
22" DIA.
-3/4*
1/16'R 2' j
v
<
• • •
DETAIL 'C'
1
•; �: CLEAR OPENING
•�J
G
A
V
I
22' DIA. CLEAR OPENING
^
SECTION A -A
4 --
p 4 p 4
O
I
DETAIL "B"
_
1 �\
i�
\ OUTLINE WHERE
RIB JOINS RIM
FINISHED SURFACE OUTLINE WHERE
_1 RIBS JOIN
5/6• R I SAME ANGLE
1•�
U4*- THROUGHOUT
GAP IN RIM OF COVER OPPOSITE PICK HOLE 11/4' S/,•
BOTTOM OF MANHOLE COVER DETAIL "C"
AMERICAN PUBLIC WORKS ASSOCIATION — SOUTHERN CALIFORNIA CHAPTER
IIULGATED BY THE APWA AGC CATCH BASIN
1fN STANDARD PLM
T C°OPLUTWE C«.�T,EE MANHOLE FRAME AND COVER 312-1
USE WITH STANDARD mcill' CATI0IA FOR /UKIC WORKS C0111111171INCIrm SHEET 1 OF 2
NOTES:
1. THE CAST IRON USED SHALL CONFORM WITH ASTM A-48 CLASS 35B.
2. THE FRAME AND COVER SHALL BE COATED WITH ASPHALTUM OR BITUMINOUS PAINT AFTER
TESTING AND INSPECTION.
3. FOUNDRY IDENTIFYING MARK, HEAT AND DATE SHALL BE CAST ON THE BOTTOM OF THE COVER
AND ON THE INSIDE OF THE FRAME.
4. IMPORTED COVERS AND FRAMES SHALL HAVE THE COUNTRY OF ORIGIN MARKING IN COMPLIANCE
WITH FEDERAL REGULATIONS.
S. WEIGHT OF FRAME SHALL BE 30 POUNDS. WEIGHT OF COVER SHALL BE 85 POUNDS. ACTUAL
WEIGHTS SHALL BE WITHIN A RANGE OF 95% TO 110%.
6. THE MANHOLE FRAME AND COVER SHALL BE INSPECTED BY THE ENGINEER PRIOR TO SHIPMENT
TO THE JOB SITE. ACCEPTANCE WILL BE INDICATED BY THE AGENCY'S MARK.
7. THE PROOF -LOAD FOR TEST METHOD B OF THE STANDARD SPECIFICATIONS IS 28,600 POUNDS.
AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN
MANHOLEAFRAM ASIN 312-1
E AND COVER
sWFFr o ne e
WH _
i u N K --�. WD _�y� L —
w CURB OPENING
FCATCH BASIN (S) I
CURB POINT A I pO1NT B POINT C to
POINTE, SPF' WSID�Fl
1 t
W POINT F A --LNI
F DIRECTION OF FLOW
N► PAI
I VV
2 v K WD L
POINT A POINT 8 POINT C
FLOW LINE PROFILE
CA-_
at 2 W ("'
N
= 4 L WO L
--
w i a CURB OPENING
F CATCH BASIN (S)
NNS
�� F•— ` c
CURB POINT A
PpO� POINT 8 POINT C At
Ali
StaP`,P���y `'4i
POINT E
W
V
*"m LL POINT F PLAN
DIRECTION OF FLOW -+.
It
2V
.- -L .� N L W
D--� 1
POINT A POINT 8 POINT C
FLOW LINE PROFILE
CA ---
N
-----------------
POINT 0 _
CUM I
= curneRJ
a
POINT G u
DIRECTION OF FLOW C
N � zu
—i ,
�- FLOW LINT 0
N
POINT 0 CURB
a
OUTTERJ
POINT 0 u
DIRECTION OF FLOW 4 I
I4
W
N z
POINT D
FLOW LINE
ISVARM I" 6' M, G. OR VAR. I•
L VAR, VAR.
I CURB 2" RIDGE
rFACE+H--- •:�:• .I• VALLEY 00 VALLEY
.Q
:.:a. :.;::•
SECTION A -A SECTION B -B SECTION C -C
AMERICAN PUBLIC WORKS ASSOCIATION — SOUTHERN CALIFORNIA CHAPTER
OMULOO By THE APWA-AOC LOCAL DEPRESSIONS AT CATCH BASINS PLAN
NIT COOPERATNE COMMITTEE
110114CIFIC
' 313 0
USE WITH STANDARD SPEATIONS FOR PUBLIC WORKS COMMUCTKAI SHEET 1 OF �
NTE:
6FOERAI
1 - ALL PARTS SHALL BE STEEL EXCEPT SET SCREWS, WHICH SHALL BE STAINLESS STEEL OR BRASS.
2• EXCLUDING SET SCREWS, ALL EXPOSED METAL PARTS SHALL BE 6ALVANIIED AFTER FABRICATION.
3• CURB FACE SHALL BE AS NOTED ON THE PROJECT PLANS.
4• CURB BATTER SMALL BE 3:12 UNLESS OTHERWISE SPECIFIED.
FACF P AT
S. FACE PLATE LENGTHS SHALL BE CATCH BASIN W PLUS 12 INCHES EXCEPT AS MODIFIED FOR A 'CURB
OPENING CATCH BASIN AT DRIVEWAY'.
6• WHEN THE LENGTH OF THE FACE PLATE IS BETWEEN 22 FEET AND 43 FEET, 2 SECTIONS MAY BE USED.
WHEN THE LES61H EXCEEDS 43 FEET, 3 SECTIONS MAY BE USED. SECTIONS SHALL BE SPLICED ACCORDING
10 THE APPLICABLE SPLICE DETAIL. SPLICE SHALL BE PLACED ONE FOOT FROM A SUPPORT BOLT.
7• WHERE CATCH BASINS ARE TO BE CONSTRUCTED ON CURVES, THE MAXIMUM CHORD LENGTH FOR THE FACE
PLATE SHALL BE SUCH THAT THE MAXIMUM PERDENDICULAR DISTANCE TO THE TRUE CURVE SMALL NOT EXCEED
ONE INCH, WNERE MORE THAN ONE CHORD IS REQUIRED, CHORD LENGTHS SHALL BE EQUAL- CHORD SECTIONS
SHALL BE SPLICED ACCORDING TO THE APPLICABLE SPLICE DETAIL (MODIFIED TO FIT THE CHORD DEFLECTION)
AND A SUPPORT BOLT SHALL BE PLACED ONE FOOT FROM THE SPLICE-
8- ROUND HEAD ANCHORS FOR THE FACE PLATE SHALL BE NELSON H -4F SWEAR CONNECTOR, KSN MELDING SYSTEMS
DIVISION SHEAR CONNECTOR OR EQUAL.
SUPPORT RAI T
9• SUPPORT DOLTS ARE REQUIRED WHEN THE LENGTH OF THE CATCH BASIN OPENING IS 7 FEET OR GREATER,
AND SHALL BE EVENLY SPACED ACROSS THE OPENING. SPACING SHALL NOT BE LESS THAN 3 FEET 6 INCHES
ON CENTER NOR GREATER THAN 5 FEET ON CENTER.
STIRRUP
10• FOR TYPE A. THE MATERIAL SMALL BE CAST STEEL.
PRAirrTinW RAR
11• TYPE A SMALL BE USED UNLESS OTHERWISE SPECIFIED.
12• FOR TYPE A, THE BAR SHALL BE CUT TO FIT IN THE FIELD. WHEN •W' IS OVER 21 FEET, THE PROTECTION
BAR SMALL CONSIST OF 2 OR MORE SECTIONS- A SPECIAL CONNECTOR BETWEEN THE PROTECTION BAR PIECES
SMALL CONSIST OF A S -INCH LENGTH OF STANDARD 3/4 -INCH PIPE WITH STANDARD COUPLINGS FULLY THREADED
ONTO EACH END DRILLED AND TAPPED'FOR A SOCKET SET SCREW AS DETAILED FOR THE DOWNSTREAM END ANCHOR.
13• FOR TYPE B, THE BAR SHALL BE TWO PIECES. TWO EYE BOLTS AND A WELDED STIRRUP ON EACH SUPPORT BOLT
ARE REQUIRED.
14. NUMBER OF PROTECTION BARS AND LOCATION (S) ARE AS FOLLOWS,
MAXIMUM CULL FACE
0'-6 7' 8' 9' 10-1 11,1 12,1 ; u• u• ��.
1 2i 3*
NUMBER OF PROTECTION BARS
FOR OTHER CURB FACE OR RATTER, SEE PROJECT PLANS
*TYPE A PROTECTION BAR ONLY
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN
CATCH BASIN FACE PLATE ASSEMBLY AND PROTECTION BAR 310-0
SHEET 6 OF 6
0112
0
0
3.5'
3.5'
3.ff3-51
5•S
3.5'
3.5'
4.5' 4.5'
4.5'
1112
0
0
3.5'
3.5'
3.
S.
3.5'
).S'
4.5'
4.5'
5•5•
a
a
2:12
0
0
3.5'
3.5'
4.3.S'
3.5•
4.5'
4.5'
5.5'
5-5-
3:12
0
0
3.5'
3.5'
4..5'
4.5'
4.5'
S.5'S.5'
4.5'
412
0
3.5'
3.5'
4.5'4..S•
4.5'
4.5'
5.5'
•S'
4.5'
1 2i 3*
NUMBER OF PROTECTION BARS
FOR OTHER CURB FACE OR RATTER, SEE PROJECT PLANS
*TYPE A PROTECTION BAR ONLY
AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN
CATCH BASIN FACE PLATE ASSEMBLY AND PROTECTION BAR 310-0
SHEET 6 OF 6
" /, e
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City Manager
RE: Amendment to Foothill Transit Zone Joint Powers
Agreement - Authority to Exercise Financing Powers of
the Foothill Transit Zone
DATE: July 5,1994
ISSUE:
The amendment of the Foothill Transit Zone Joint Powers
Agreement to provide for the granting to the Executive Board
of the Foothill Transit Zone authority to exercise the
financing powers of the Zone to the extent allowable under
applicable law.
RECOMMENDATION:
It is recommended that the City Council approve the proposed
amendment to the Foothill Transit Zone Joint Powers
Agreement, which would grant the Executive Board of the Zone
authority to exercise the -financing powers of the Zone to
the extent allowable under applicable law.
DISCUSSION:
The existing Foothill Transit Zone Joint Powers Agreement
provides for the entire membership of the Zone has the
authority to exercise the financing powers of the Zone. The
membership had granted the authority to the Zone's Executive
Board to exercise financing power on behalf of.the Zone.
However, the express authority for the Executive Board to
act was not set forth in the Joint Powers Agreement.
Therefore, upon advise of legal counsel, it has been
recommended that the Joint Powers Agreement be amended to
expressly provide that the Executive Board is granted
authority to exercise the Zone's financing powers to the
extent allowable under applicable law.
The proposed.amendment was approved by the Foothill Transit
Zone membership at the annual meeting of the Zone, in May,
1994; and, recommended for adoption by the member cities and
the County.
Executive Board
Bob Kuhn
President
Tom Sykes
Vice President
Robert Bob'Bartlett
Member
Michael De La Torre
Member
Judy Wright
Member
Executive Director
Roger K. Chapin
Members
Arcadia
Azusa
Baldwin Park
Bradbury
Claremont
Covina
Diamond Bar
Duarte
EI Monte
Glendora
Industry
Irwindale
La Verne
Los Angeles County
Monrovia
Pomona
San Dimas
South El Monte
Temple City
Walnut
West Covina
Foothill Transit
Dear Councilwoman Papen:
Enclosed is the amendment to the Joint Powers Agreement (JPA) which was approved
by the Foothill Transit Zone membership at the annual meeting in May and
recommended by them for adoption by the member cities and County.
As you may remember from the report given at the annual meeting, legal counsel
suggested a revision to the JPA during the recent re -financing or our bus leases to
clarify the Zone's ability to issue bonds. The proposed amendment clarifies the
Agreement by granting the Executive Board of the Zone authority to exercise the
financing powers of the Zone to the extent allowable under applicable law. The JPA
language protects its member cities from liability by explicitly stating that any
bonds issued by the Zone shall not constitute a debt, liability, or obligation of
Cities or County or any of them.
As the City of Diamond Bar delegate to Foothill Transit, we request that you please
submit the attached Amendment of the Foothill Transit Joint Exercise of Powers
Agreement to your City Council for approval and return the signed amendment by
August 1,.1994...... If you or staff have any questions, plea— s� a feel free to call Birgit
Gabig or myself at 818/967-3147.
Fe truly yours,
Q I
o er K. hapin
Executive Director
RKC/dr
Attachment
cc: Terrence Belanger
s:\arace1i2\admend4.c1y
100 North Barranca Avenue, Suite 100 • West Covina, California 91791-1600 • 81WW7-3147 • Fax 818/915-1143
May 26, 1994
Honorable Phyllis Papen
4
City of Diamond Bar
21660 Copley Drive
Diamond Bar, CA 91765
Dear Councilwoman Papen:
Enclosed is the amendment to the Joint Powers Agreement (JPA) which was approved
by the Foothill Transit Zone membership at the annual meeting in May and
recommended by them for adoption by the member cities and County.
As you may remember from the report given at the annual meeting, legal counsel
suggested a revision to the JPA during the recent re -financing or our bus leases to
clarify the Zone's ability to issue bonds. The proposed amendment clarifies the
Agreement by granting the Executive Board of the Zone authority to exercise the
financing powers of the Zone to the extent allowable under applicable law. The JPA
language protects its member cities from liability by explicitly stating that any
bonds issued by the Zone shall not constitute a debt, liability, or obligation of
Cities or County or any of them.
As the City of Diamond Bar delegate to Foothill Transit, we request that you please
submit the attached Amendment of the Foothill Transit Joint Exercise of Powers
Agreement to your City Council for approval and return the signed amendment by
August 1,.1994...... If you or staff have any questions, plea— s� a feel free to call Birgit
Gabig or myself at 818/967-3147.
Fe truly yours,
Q I
o er K. hapin
Executive Director
RKC/dr
Attachment
cc: Terrence Belanger
s:\arace1i2\admend4.c1y
100 North Barranca Avenue, Suite 100 • West Covina, California 91791-1600 • 81WW7-3147 • Fax 818/915-1143
Executive Board
Bob Kuhn
President
Tom Sykes
Vice President
Robert Sob'Bartlett
Member
Michael De La Torre
Member
Judy Wright
Member
Executive Director
Roger Chapin
Members
Arcadia
Azusa
Baldwin Park
Bradbury
Claremont
Covina
Diamond Bar
Duarte
El Monte
Glendora
Industry
Irwindale
La Verne
Los Angeles County
Monrovia
Pomona
San Dimas
South El Monte
Temple City
Walnut
West Covina
Foothill Transit
May 26, 1994
Honorable Phyllis Papen
City of Diamond Bar
21660 Copley Drive
Diamond Bar, CA 91765
Dear Councilwoman Papen:
Enclosed is the amendment to the Joint Powers Agreement (JPA) which was approved
by the Foothill Transit Zone membership at the annual meeting in May and
recommended by them for adoption by the member cities and County.
As you may remember from the report given at the annual meeting, legal counsel
suggested a revision to the JPA during the recent re -financing or our bus leases to
clarify the Zone's ability to issue bonds. The proposed amendment clarifies the
Agreement by granting the Executive Board of the Zone authority to exercise the
financing powers of the Zone to the extent allowable under applicable law. The JPA
language protects its member cities from liability by explicitly stating that any
bonds issued by the Zone shall not constitute a debt, liability, or obligation of
Cities or County or any of them.
As the City of Diamond Bar delegate to Foothill Transit, we request that you please
submit the attached Amendment of the Foothill Transit Joint Exercise of Powers
Agreement to your City Council for approval and return the signed amendment by
August 1, 1994. If you or staff have any questions, please feel free to call Birgit
Gabig or myself at 818/967-3147.
Ftruly yours,
Q
o er K.hapin
Executive Director
RKC/dr
Attachment
cc: Terrence Belanger
s: \araceliZadmend4. cry
100 North Berrenca Avenue, Suite 100 • West Covina, California 91791-1800 • 81$/987--3147 • Fax 8149/5-1143
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City Manager
RE: Amendment to Foothill Transit Zone Joint Powers
Agreement - Authority to Exercise Financing Powers of
the Foothill Transit Zone
DATE: July 5,1994
ISSUE:
The amendment of the Foothill Transit Zone Joint Powers
Agreement to provide for the granting to the Executive Board
of the Foothill Transit Zone authority to exercise the
financing powers of the Zone to the extent allowable under
applicable law.
RECOMMENDATION:
It is recommended that the City Council approve the proposed
amendment to the Foothill Transit Zone Joint Powers
Agreement, which would grant the Executive Board of the Zone
authority to exercise the -financing powers of the Zone to
the extent allowable under applicable law.
DISCUSSION:
The existing Foothill Transit Zone Joint Powers Agreement
provides for the entire membership of the Zone has the
authority to exercise the financing powers of the Zone. The
membership had granted the authority to the Zone's Executive
Board to exercise financing power on behalf of the Zone.
However, the express authority for the Executive Board to
act was not set forth in the Joint Powers Agreement.
Therefore, upon advise of legal counsel, it has been
recommended that the Joint Powers Agreement be amended to
expressly provide that the Executive Board is granted
authority to exercise the Zone's financing powers to the
extent allowable under applicable law.
The proposed amendment was approved by the Foothill Transit
Zone membership at the annual meeting of the Zone, in May,
1994; and, recommended for adoption by the member cities and
the County.
AMENDMENT NUMBER THREE TO THE JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND
THE CITIES OF ARCADIA, AZUSA, BALDWIN PARK,
BRADBURY, CLAREMONT, COVINA, DIAMOND BAR, DUARTE,
EL MONTE, GLENDORA, INDUSTRY, IRWINDALE, LA VERNE,
MONROVIA, POMONA, SAN DIMAS, SOUTH EL MONTE,
TEMPLE CITY, WALNUT AND WEST COVINA
TO CLARIFY THE BORROWING POWER AND PROCEDURES OF
THE FOOTHILL TRANSIT ZONE
TRIS AMENDMENT, dated the day of ,
1994 is entered into between the COUNTY OF LOS ANGELES (the
"County"), a political subdivision of the State of California,
and the cities of ARCADIA, AZUSA, BALDWIN PARK, BRADBURY,
CLAREMONT, COVINA, DIAMOND BAR, DUARTE, EL MONTE, GLENDORA,
INDUSTRY, IRWINDALE, LA VERNE, MONROVIA, POMONA, SAN DIMAS, SOUTH
EL MONTE, TEMPLE CITY, WALNUT and WEST COVINA, each a municipal
corporation of the State of California, (collectively referred to
as "Cities" herein.)
WITNESSETH:
WHEREAS, the Foothill Transit Zone (the "Zone"), a public
entity, was formed on April 14, 1988 by the execution of a Joint
Powers Agreement, as heretofore amended (the "Agreement");
WHEREAS, the Agreement permits the Zone to issue bonds,
notes and other evidences of indebtedness, for specified
purposes, upon the terms and conditions as set forth in the
Agreement;
WHEREAS, the County and the Cities desire to authorize and
clarify the Agreement so that the Executive Board of the Zone may
exercise the financing powers of the Zone to the fullest extent
allowed under applicable law without the necessity of obtaining
the consent of the County and the Cities to each such exercise of
financing powers;
NOW THEREFORE, Section 11 of the Agreement is hereby amended
to read as follows:
"Section 11. BONDS.
"Zone may issue Bonds in order to finance acquisition
and construction of facilities and vehicles, or to finance
operations or any lawful activities of Zone, or for any
other purpose permitted under applicable law, including the
establishment of reserves and the payment of incidental
expenses. The term "Bonds" means any evidence of
indebtedness authorized by the Act or any other applicable
law now existing or hereafter enacted, including but not
limited to revenue bonds and notes, bond anticipation notes,
certificates of participation, lease purchase agreements or
other evidences of indebtedness. Zone may also issue
refunding bonds to refund any Bonds or other obligations of
Zone. -'Bonds may be issued from time to time in more than
one series, may be sold by competitive bidding or by private
sale, to the extent permitted by law, and shall not
constitute a debt, liability or obligation of Cities or
County or any of them. Any issuance of Bonds shall be
approved by a resolution of the Board and shall not be
subject to the approval or consent of County, Cities or any
other person or entity.
"The services of bond counsel, financing consultants
and other consultants and advisors may be used by Zone in
connection with the issuance and sale of Bonds. The fees
and expenses of such counsel, consultants and advisors may
be paid from the proceeds of the Bonds, and Cities or County
may be reimbursed from such proceeds for any portion of such
fees and expenses which it has paid prior to the issuance of
such Bonds.
"In connection with the issuance of Bonds, the Board
may approve such other contracts and arrangements, and take
such other actions, as may be permitted under any applicable
law, including but not limited to Chapters 5.5, 11 and 12 of
Division 6 of Title 1 of the California Government Code."
2
All other provisions of the Agreement shall remain unchanged
and in full effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed and attested by their proper officers
thereunto duly authorized, and their official seals to be hereto
affixed, as of the date first above written.
[SEAL]
ATTEST:
LARRY J. MONTEILH,
Executive Officer -Clerk of
the Board of Supervisors
By:
Deputy
APPROVED AS TO FORM:
DE WITT W. CLINTON
County Counsel
By:
Deputy
COUNTY OF LOS ANGELES
By:
Chair, Board of Supervisors
rK
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
CITY OF ARCADIA
By:
CITY OF AZUSA
By:
4
(SEAL)
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
(SEAL)
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
CITY OF BALDWIN PARK
By:
CITY OF BRADBURY
By:
5
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
CITY OF CLAREMONT
By:
CITY OF COVINA
By:
L
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
CITY OF DIAMOND BAR
By:
CITY OF DUARTE
By:
7
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
CITY OF EL MONTE
By:
CITY OF GLENDORA
By:
8
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
CITY OF INDUSTRY
By:
CITY OF IRWINDALE
By:
P
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
I/
CITY OF LA VERNE
By:
CITY OF MONROVIA
By:
10
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
CITY OF POMONA
By:
CITY OF SAN DIMAS
By:
11
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
CITY OF SOUTH EL MONTE
By:
CITY OF TEMPLE CITY
By:
12
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
[SEAL]
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
mjsll:jepa_amd
CITY OF WALNUT
By:
CITY OF WEST COVINA
By:
13
CITY OF DIAMOND BAR
AnENnA REPnRT AGENDANO. '/'l
TO: Honorable Mayor and Members of the City Council
MEETING DATE: July 5, 1994 REPORT DATE: July 1, 1994
FROM: Troy L. Butzlaff, Assistant to the City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT
FUNDS FROM THE 1993184 USED OIL CURBSIDE COLLECTION PROMOTION GRANT
PROGRAM.
SUMMARY: In 1991, the people of the State of California enacted the California Oil Recycling
Enhancement Act. This Act provides grant funding to local governments for the purpose of establishing
and implementing public education and information programs that encourage alternatives to the illegal
disposal of used motor oil. The City of Diamond Bar currently operates a curbside collection program
for used oil through its permitted waste companies. Under this program, residents are able to properly
disposal of up to five (5) quarts of used motor oil per month by placing their used oil in a resealable
plastic container at the curb on their scheduled day of collection. According to information obtained from
the City's permitted waste companies, this program collects approximately 300 gallons of used motor
per month. The City is requesting $27,150.00 from the 1993/94 Used Oil Curbside Collection Promotion
Grant to develop promotional materials and programs designed to heighten public awareness of the
availability of the City's curbside collection program.
RECOMMENDATION: It is recommended that the City Council approve the proposed resolution
authorizing the City Manager to submit a grant application to the California Integrated Waste
Management Board for the purpose of securing grant funds from the 1993/94 Used Oil Curbside
Collection Promotion Grant Program.
LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification
X Resolution(s) _ Bid Specification
—Ordinances(s)
_ Agreement(s)
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
_ Yes _ No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote? MAJORITY
3.
Has environmental impact been assessed? N/A
_ Yes_ No
4.
Has the report been reviewed by a Commission?
_ Yes X No
Which Commission?
5.
Are other departments affected by the report?
_ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belang Frank M. Ushdr'7 Troy L. PNtz1aff
City Manager Assistant City Manager Assist to the Cit Zager
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
FOR GRANT FUNDS FROM THE 1993/94 USED OIL CURBSIDE
COLLECTION PROMOTION GRANT PROGRAM.
A. RECITALS
(i) The City of Diamond Bar recognizes that the proper
disposal and/or recycling of used motor oil is extremely
important and if not properly disposed of used motor oil can
cause serious environmental damage and threaten the health of all
of us; and
(ii) The people of the State of California have enacted
the California Oil Recycling Enhancement Act which provides grant
funding to local governments for the purpose of developing and
implementing public informational programs that encourage
residents to make use of recycling and appropriate disposal
methods for used motor oil; and
(iii) The California Integrated Waste Management Board
has been delegated the responsibility for the administration of
this program, setting up necessary procedures governing
applications by cities and counties under this program; and
(iv) The procedures established by the California
Integrated Waste Management Board require the applicant to
certify by resolution the title of the individual authorized,
empowered, and instructed to file necessary and proper forms,
certifications, and documents as prescribed by the California
Integrated Waste Management Board; and
(iv)- The City Council finds and determines that the
adoption of this Resolution is in the public's best interest in
that it provides the necessary funds to develop and implement
programs that will promote recycling and appropriate disposal
methods for used motor oil; and
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council approves the filing of an
application to the California Integrated Waste Management Board
pursuant to the 1993/94 Used Oil Curbside Collection Promotion
Grant Program.
SECTION 2. The City Manager is hereby authorized,
empowered, and instructed to file all necessary forms,
agreements, certifications, and documents with the Board for the
purpose of securing grant funds and to implement and carry out
the purposes specified in the grant application.
PASSED, APPROVED, AND ADOPTED this day of
1994.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Resolution was passed, approved and
adopted at the regular meeting of the City Council of the City of
Diamond Bar held on day of , 1994, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk
CITY OF DIAMOND D kD-
AGENDA REPORT
AGENDA NO. / - "
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 5, 1994 REPORT DATE: June 28, 1994
FROM: Bob Rose, Director of Community Services
TITLE: Award of Contract for City-wide Street Tree Maintenance
SUMMARY: On June 7, 1994, the City Council adopted Resolution No. 94-26 authorizing the City Clerk to
advertise for bids for City-wide street tree maintenance. Bids were received from four qualified contractors,
and one non-qualified contractor whose bid was non-responsive. Bids were opened and publicly read on June
28, 1994, with bids ranging from a low of $37,400 to a high of $61,040.
RECOMMENDATION: It is recommended that the City Council award the contract for City-wide street tree
maintenance to West Coast Arborists, Inc., the lowest responsive bidder, in the amount of $37,400, plus an
additional amount not to exceed $1,600 to provide for additional work as necessary to resolve potential health
and safety issues as they occur.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
Ordinances(s)
X Agreement(s)
_ Public Hearing Notification
_ Bid Specifications (on file in City Clerk's Office)
_ Other:
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
X Yes _ No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
_ Yes X No
4.
Has the report been reviewed by a Commission?
_ Yes X No
Which Commission?
5.
Are other departments affected by the report?
_ Yes X No
Report discussed with the following affected departments:
City Manager
C:\wp6O\lindakay\agenda-9\sttreeBR.705
Assistant City Manager
Bob Rose
Community Services Director
CITY COUNCIL REPDXI
AGENDA NO.
MEETING DATE: July 5, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of contract for City-wide Street Tree Maintenance
ISSUE STATEMENT:
On June 7, 1994, the City Council adopted Resolution No. 94-26 authorizing the City Clerk to advertise for
bids for City-wide street tree maintenance. Bids were received from four qualified contractors. The bids
were opened and publicly read on June 28, 1994, with bids ranging from a low of $37,400 to a high of
$61,040.
RECOMMENDATION:
It is recommended that the City Council award the contract for City-wide street tree maintenance to West
Coast Arborists, Inc., the lowest responsive bidder, in the amount of $37,400, plus an additional amount
not to exceed $7,600 to provide for additional work as necessary to resolve potential health and safety
issues as they occur.
FINANCIAL SUMMARY:
Street tree maintenance is budgeted for the 1994/95 Fiscal Year in the amount of $75,000. The bid of
$37,400 plus additional work not to exceed $7,600 is expected to provide routine and emergency street tree
maintenance service for the entire 1994/95 Fiscal Year, and is well within the total amount budgeted.
BACKGROUND/DISCUSSION:
The City-wide street tree maintenance contract provides for two types of service: 1) Routine maintenance
of street trees on a five year schedule (1,700 trees in Fiscal Year 1994/95) 2) as -needed or emergency
work to provide for the public's health and safety. The bid of $37,400 plus additional work not to exceed
$7,600 is expected to provide routine and emergency street tree maintenance service to resolve potential
health and safety concerns for the entire 1994/95 Fiscal Year.
PREPARED BY:
Bob Rose, Director of Community Services
C: \W P60\LB4DAKAY\CCR-94\sW reBR.705
CITY OF DIAMOND BAR
BID OPENING LOG SHEET
BID OPENING DATE: June 28, 1994
PROJECT NO.: City-wide Tree Trimming
BIDDERS NAME
BID
BOND
BID
AMOUNT
h )Ln
6 IS
-00,
X37
yod-
Oa
L-e(,)Yl ri ve4 0,h r1k1,4r�00. rf �i�J (')�/�,•
4/6
ii
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, #100
DIAMOND BAR, CA 91765
BID PRICES FOR CITY-WIDE TREE MAINTENANCE
IN DIAMOND BAR
Name of Bidder (Company) west Coast Arborists, Inc.
By Randy Thompson Vice President
(Name) (Title)
Bidder'S Address 7072 Thomas Street
City Buena Park Zip 90621
Telephone (714) 739-5511 Fax (714) 739-2396
Bid Summary
I. Total for Routine Scheduled Work S 27,700.00
H. Total for Removals/Stump Grind S 5,300.00.
M. Total for Root Pruning $ 400.00
TV. Total for Emergency Charges $ 4,000.00.
Total Bid for Items I, II, III, and IV s ; 37,400.00
Total Bid Amount Written In Words Thirty Seven Thousand, Four Hundred
Dollars and N0/100 --
The undersigned iWaees that he has read the terms and conditions for the goods and services
listed herein ad amw to fiunish to the City of Diamond Bar said requirements in strict
conformity to the speScations thereto.
By/Title
Date
17� t 1--N'=
(Authorized Signature)
June 28, 1994
Vice President
25
(Title)
WORKSBMT
I. Charges for routine scheduled work
The City of Diamond Bar will provide a list of trees that require service to the contractor at
various times throughout the year. The number of trees on the list could vary from one to over
one thousand. Please ente; a per tree bid price for each bench mark quatAity listed below.
A. Single Tree Service $ 200.00 per tree x 1 tree = $ 200.00
(trimming of any single tree) 100.00 1, 000.00
B. Small Quantity Service $ per tree x 10 trees= S
(Trimming of two to ten trees)
C. Medium Quantity Service $ 45.00 per tree x 100 trees= $`� 500.00
(Trimming of 11 to 100 trees)
D. Large Quantity Service $ 22.00 per tree x 1000 trees= $22, ooa. 00
(Trimming of 101 to 1000 trees)
I. Total for Routine Scheduled Work - S2%00
II. Removals/Stump Grind
Indicate charges for work according to the listed trunk diameter at breast height.
0-6" 7" - 12" 13"-24" Over 24" Total
Diameter Diameter Diameter Diameter
(18 3/4" Cir) (37 5/8 Cir) (75 3/8 Cir)
Retnoval $ 100.00 $ 100.00 $ 100.00 $ 100.00 10 $ 4,000.00
removals/
year
Stump Grind $
10.00 $
40.00 $ 40.00 $ 40.00 x 10 Stump $ L 300.00
grindalyear
II. Total for RemovaWStump Grind $ 5,300-00
M. Root Pfa ft
0-25' 25'-100' 100'-500' 500'+ Total
Cost Per
Linear Foot S 10.00 $ 10.00 $ 10.00 $ 10.00 x 10 S 400.00
III. Total for Root Pruning $ !0
26
M Emergency Charges
Emergency Charges shall include all personnel, equipment and other materials used in
completing work.
A. Minimum Service Charge 5 100.00 per hour x 20 hours =$2,000.00
Charge per Response with two (2) hour minimum
B. Charges beyond the minimum time. $ 100.00 per hour x 20 hours =$2,000.00
N. Total for Emergency Charges $4,000.00
27
KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and
entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and
between
West Coast Arborists, Inc.
hereinafter referred to as the "Contractor" and the City of Diamond Bar, California,
hereinafter referred to as "City".
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received,
publicly opened, and declared on the date specified in said notice; and
WHEREAS, City did accept the bid of Contractor
West Coast Arborists, Inc. and;
WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract
with Contractor for furnishing labor, equipment, and material for Citywide Street Tree
Service as described in Exhibit "A".
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools,
materials, appliances, and equipment for and do the work for citywide street tree service.
Said work to be performed in accordance with specifications and standards on file in the
office of the City Manager and in accordance with bid prices hereinafter mentioned and in
accordance with the instructions of the City Manager.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The aforesaid specifications are incorporated herein by -reference thereto and made a part
hereof with like force and effect as if all of said documents were set forth in full herein. Said
documents, the Resolution Inviting Bids attached hereto, together with this written
agreement, shall constitute the contract between the parties. This contract is intended to
require a complete and finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental regulations shall be
performed by the contractor whether set out specifically in the contract or not. Should it be
ascertained that any inconsistency exists between the aforesaid documents and this written
agreement, the provisions of this written agreement shall control.
1 a ; ,N • sii e� M:7:TiT11
a. The undersigned bidder agrees to execute the contract within ten (10) calendar days
from the date of notice of award of the contract or upon notice by City after ten (10) calendar
days from the date of notice of award of the contract or upon notice by City after the 10
calendar days, and to complete his portion of the work within one hundred twenty (120)
calendar days from the execution of the first contract. The bidder agrees further to the
assessment of liquidated damages in the amount of one -hundred ( $100.00) dollars for each
calendar day the work remains incomplete beyond the expiration of the completion date. City
may deduct the amount thereof from any monies due or that may become due the Contractor
under this contract. Progress payments made after the scheduled date of completion shall not
constitute a waiver of liquidated damages.
4. .INSURANCE: The Contractor shall not commence work under this contract until he
has obtained all insurance required hereunder in a company or companies acceptable to City
nor shall the Contractor allow any subcontractor to commence work on his subcontract until
all insurance required of the subcontractor has been obtained. The contractor shall take out
and maintain at all times during the life of this contract the following policies of insurance:
a. Compensation Insurance: Before beginning work, the contractor
shall furnish to the Engineer a certificate of insurance as proof that he has
taken out full compensation insurance for all persons whom he may
employ directly or through subcontsactors in carrying out the work
specified herein, in accordance with the laws of the State of California.
Such insurance shall be maintained in full force and effect during the
period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every contractor shall secure the payment of compensation to his
employees. Contractor, prior to commencing work, shall sign and file
with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker's
compensation or to undertake self insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of work of this contract."
b. For all operations of the Contractor or any subcontractor in
performing the work provided for herein, insurance with the following
minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) S500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000
each person; $500,000 aggregate.
3) Contractor's Protective - Bodily Injury $500,000
each person; $1,000,000 each accident.
4) Contractor's Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person;
$1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in
writing by City, which is qualified to do business in the
State of California.
2) Name as additional insured the City Or Diamond Bar,
its officers, agents and employees, and any other parties
specified in the bid documents to by so included;
3) Specify it acts as primary insurance and that no
insurance held or owned by the designated additional
insured shall be called upon to cover a loss under said
policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may
not be canceled nor the amount of the coverage thereof
reduced until thirty (30) days after receipt by Cityof a
written notice of such cancellation or reduction of
coverage as evidenced by receipt of a registered letter.
5) Otherwise be in form satisfactory to City.
d. The policy oftsurance provided for in subparagraph a. shall contain an
endorsement whkh:
1) Waives all right of subrogation against all persons and
entities specified in subparagraph 4.c.(2) hereof to be
listed as additional insureds in the policy of insurance
provided for in paragraph b. by reason of any claim arising
out of or connected with the operations of Contractor or
any subcontractor in performing the work provided for
herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to City by registered mail.
The Contractor shall at the time of the execution of the contract present
the original policies of insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company, showing the issuance of
such insurance, and the additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in locality in which the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director
of the Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies of such prevailing rates of
per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite
100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to be posted at the job site.
Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not
more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each
calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the
general prevailing rate of wages hereinbefore stipulated for any work done under the attached
contract, by him or by any subcontractor under him, in violation of the provisions of said Labor
Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance
with the regulations of the California Apprenticeship council, properly indentured apprentices
may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning
the employment of apprentices the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee
nearest the site of the public works project and which administers the apprenticeship program
in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices
journeymen that will be used in the performance of the contract. The ratio of apprentices to
journeymen in such cases shall not be less than one to five except:
-a. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of IS percent in the
90 days prior to the request for certificate, or
b. When the number of apprentices in training in the area exceeds a ratio
of one to five, or
c. When the trade can show that i. is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis statewide
or locally, or
d. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less than
one apprentice to eight journeymen. The Contractor is required to make
contribution to funds established for the administration of apprenticeship
programs if he employs registered apprentices or journeymen in any
apprenticeable trade on such contracts and if other contractors on the
public works site are making such contributions.
The Contractor and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards wage schedules, and other requirements
may be obtained from the Director of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards
and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work
for all workmen employed in the execution of this contract, and the Contractor and any
subcontractor under him shall comply with and be governed by, the laws Or the State of
California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3
of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman, or mechanic employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day
during which said laborer, workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence
pay to each workman needed to execute the work required by this contract as such travel and
subsistence payments are defined in the applicable collective bargaining agreements filed in
accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and
employees shall not be answerable or accountable in any manner for any loss or damage that
may happen to the work or any part thereof, or for any of the materials or other things used or
employed in performing the work, or for injury or damage to any person or persons, either
workmen employees of the contractor of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out of or in connection with the
performance of the work. The contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from any cause whatsoever,
except the sole negligence or willful misconduct of City, its employees, servants, or
independent contractors who are directly responsible to City during the progress of the work
or at any time before its completion and final acceptance.
The Contractor will indemnify City against and will hold and save City harmless from any
and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that
may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or
other organization arising out of or in -connection with the work, operation, or activities of the
contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or
not there is concurrent passive or active negligence on the part of City, but excluding such
actions, claims, damages to persons or property, penalties, obligations, or liabilities arising
from the sole negligence or willful misconduct of City, its employees, servants, or independent
contractors who are directly responsible to City, and in connection therewith:
a. The Contractor will defend any action or actions filed in connection
with any of said claims, damages, penalties, obligations, liabilities and
will pay all costs and expenses, including attorneys' fees incurred in
connection therewith.
b. The Contractor will promptly pay any judgment rendered against the
Contractor or City covering such claims, damages, penalties, obligations,
and liabilities arising out of or in connection with such work, operations,
or activities of the Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom.
c. In the event City, without fault, its made a party to any action or
proceeding filed or prosecuted against the Contractor for damages or
other claims arising out of or in connection with the work, operation, or
activities of the contractor hereunder, the contractor agrees to pay to City
any and all costs and expenses incurred by City in such action or
proceeding together with reasonable attorneys' fees.
So much of the money due to the Contractor under and by
virtue of the contract as shall be considered necessary by City may be retained by
City until disposition has been made of such actions or claims for damage as
aforesaid.
10. NON-DISCRIMINATION: No discrimination shall be made in the
employment of persons upon public works because of the race, color, or religion of
such persons, and every contractor for public works violating this section is subject
to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the
Labor Code in accordance with the provisions of Section 1735 of said Code.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor
for furnishing all material and doing the prescribed work the unit prices 'set forth in
the Price Schedule in accordance with Contractor's Proposal datedJune 28 1994,
in the total amount of $ 37,400.00
12. ATTORNEY'S FEES: In the event that any action or proceeding is
brought by either party to enforce any term or provision of this Agreement, the
prevailing party shall recover its reasonable attorney's fees and costs incurred
with respect thereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed with all the formalities required by law on the respective dates set forth opposite their
signatures.
State of California
Contractor's License No. 3 VV 1 Vy C - V l . (_--L-1
TL4AE 60 , ICiALA
Date
APPROVED AS TO FORM
City Attorney
Date
BY: R ---'-%
Title
CITY OF DIAMOND BAR, CALIFORNIA
BY:
Mayor
BY:
City Clerk
Contractor's Business Phone
Emergency Phone at which
Contractor can be reached at any time -11 N - V 3 C1 • Li 1 14
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. / - ' I
TO: Honorable Mayor and Members of Council
MEETING DATE: June 21, 1994 REPORT DATE: June 17, 1994
FROM: Terrence L. Belanger, City Manager
TITLE: Auditing Services for Fiscal Year 1994.
SUMMARY: The firm of Thomas, Bigbie & Smith has prepared the annual audit for the City of Diamond Bar for Fiscal
Years 1990 through 1993. As indicated in the Budget Message for Fiscal Year 1995, it is our recommendation to retain
this firm for the audit of Fiscal Year 1994. In significant part, this recommendation is made because of the necessary
maternity leave and absence of two of the three Finance Department employees during the audit period.
It has become customary that municipalities change audit firms approximately every five years. If Council approves this
recommendation, this would be the fifth year with this firm.
Thomas, Bigbie & Smith is a well-qualified firm in public accountancy. Public clients have included the Cities of Riverside,
San Bernardino, Chino, Corona, Indian Wells, Patin Desert, Indio , Rancho Mirage, as well as many other cities and public
agencies in Riverside, San Bernardino, and Los Angeles Counties. The proposed fee for the Fiscal Year 1994 audit is
$12,500.
RECOMMENDATION:
That the City Council retain the firm of Thomas, Bigbie & Smith to prepare the annual audit for the City of Diamond Bar
for Fiscal Year 1994.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
N/A _ Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
N/A _ Yes _ No
4. Has the report been reviewed by a Commission?
N/A _ Yes _ No
Which Commission?
5. Are other departments affected by the report?
N/A _ Yes _ No
Report discussed with the following affected departments:
REVIEWED BY:
Te, /j`
Terrence L. BelaAer Frank M. Usher
City Manager Assistant City Manager
JUN -17-1994 14:46 THOMAS,BIGBIE.SMITH
Thomas, Bigbie & Smith
An Axotatanry CorMatitm
Certified Public Accountants
June 17, 1994
Terrence L. Belanger, City Manager
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765-4177
Dear Mr. Belanger:
P.02
Donald L.Thwas,CPn(046, t)
V.C. Smith. Jr., CPA
ja D. Siebie, CPA
Richard A. Teaman,0%
Pursuant to your request, we ars pleased to submit this proposal
for the Annual Audit of the city of Diamond Har for the year ended
June 30, 1994.
For purposes of simplicity our proposal of April 20, 1994 remains
in effect except our proposal is for one year only.
For 1993-94 we propose a maximum annual fee of $12,500.
As we demonstrated last year, the maximum tees include other
accounting services not related to the annual audit including
preparation of the annual street report to the State Controller and
assistance with various accounting and budgeting methods and
matters.
We can appreciate your concern over any costs incurred by the City
and would be happy to talk to you personally and explain in more
detail our position in this matter.
Sincerely,
THOMAS, BIGBIE fi SMITH
An Accountancy corporation
/-4'j J. J-'��
By: Richard A. Teaman
Certified Public Accountant
cc: Linda Magnuson
4201 Brockton Avenue, Stcite 100 a Riverside, California 92501 s Telephone (909) 6824851 a Facsimile (909) 682-6569
TOTAL P.02
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City Manager
RE: City Administrative Offices — Lease Renewal
DATE: July 5, 1994
ISSUE:
The renewal of an office lease (Suites 100 and 190) for City
Administrative Offices, at 21660 E. Copley Drive, Diamond
Bar, California.
RECOMMENDATION:
It is recommended that the City Council authorize the
execution of a lease renewal, for a term of one (1) year, in
an annual base rent amount of $139,938.00 ($11,661.50 per
month) and an annual operating expense overage amount of
$18,168.00 ($1,514.00), between Diamond Bar Business
Associates and the City of Diamond Bar. The total annual
lease amount would be $158,106.00.
DISCUSSION:
The City of Diamond Bar currently leases 7,025 square feet
of office space (Suites 100 and 190), for City
Administrative Offices, at 21660 E. Copley Drive, Diamond
Bar, California. On June 30, 1994, the five (5) year lease
expires.
The Seeley Company, on behalf of Diamond Bar Business
Associates, has submitted three (3) lease term proposals.
The lease term proposals are for one year, three'years and
five years. The annual rent per a one year term lease would
be $139,938.00 for 7,025 square feet. The annual rent per a
three year lease would be $139,095.00 for 7,025 square feet.
The annual rent per a five year term lease would be
$130,665.00 for 7,025 square feet. The annual operating
expense stop, under the terms of the one year lease, is
$18,168.00. The annual operating expense stop, under the
three and five year terms, would be based upon calendar year
1994 and calculated annually beginning in year two of both
the proposed three and five year leases.
CITY OFFICES LEASE
JULY 5, 1994
PAGE TWO
DISCUSSION (con't):
The ultimate goal of the City is to create a City Hall or
Civic Center that would serve as an essential aspect of the
community's identity and serve as the foci for a multitude
of services to the community. However, the planning,
acquisition and construction of a Diamond Bar civic center
is a longer term community goal. As an alternative to the
continued annual payment of $150,000 to $160,000, for rented
City Administrative Office space until the ultimate goal of
a permanent civic center can be realized, a short term
approach would the purchase of an existing building for City
Hall purposes.
The City staff recommends to the City Council that the
feasibility of purchasing a building for City Administrative
Offices be analyzed and a recommendation brought for the
Council's consideration. The purchase of a building for
City Administrative Offices would facilitate the acquisition
of an asset, though the application of monies that would
otherwise be used for office space rent toward the creation
of an equitable opportunity. If the assumption that a
permanent civic center is not likely to be a reality within
a period of at least six years is valid, the City could
apply the $800,000 that would otherwise be spent on rental
space, over a five year period, to the purchase of a
building, for shorter term use as City offices. The first
year of the assumed six year period would require a one year
term lease, in order to complete a building purchase
feasibility analysis; and, transition into new space if a
purchase occurs.
:ice
aXAMERCIAL REAL ESM SINCE 1908
June 9, 1994
Mr. Terry Belanger
City Manager
City of Diamond Bar
21660 East Copley Drive
Suite 100
Diamond Bar, CA 91765
RE: Proposal to Renew Lease - One Year
21660 East Copley Drive, Suites 100/190
Diamond Bar, CA 91765
Dear Terry:
21660 East Copley Drive, Suite 300
Diamond Bar, California 91765-4173
818/964-2225
909/595-5705
909/860-9669 Facsimile
On behalf of Diamond Bar Business Associates, I am pleased to submit the following proposal to
renew lease to you for space at the above -referenced building. The terms and conditions are as
follows:
1. LEASE TERM: One (1) year commencing July 1, 1994.
2. LEASE AREA: 7,025 rentable square feet located on the first floor of the
above -referenced building.
3. BASE RENT: $11,661.50 per month, $139,938.00 annually, on a full
service gross basis. Said full service gross rent to include
taxes, insurance, common area maintenance, HVAC,
electricity, and five days per week janitorial service. Said
amounts equate to Tenant's current rental amounts.
4. OPERATING EXPENSES: Landlord to keep Tenant's expense stop per the original
base.
Tenant would be required to pay $1,514.00 per month,
$18,168.00 annually for Tenant's operating expense
overage.
Owner/Member
Colliers International
Property Consultants
Mr. Terry Belanger
June 9, 1994
Page 2
5. LEASEHOLD
IlyIPROVEMENTS:
6. HVAC
OPERATING HOURS:
Tenant to accept the premises on an "as is" basis.
Monday through Friday: 8:00 AM - 6:00 PM
7. ACCESS: Tenant shall have key access 24 hours per day, seven (7)
days per week. The Gateway Corporate Center does
employ a security service to patrol the park seven (7) days
per week, 5:00 PM to 7:00 AM.
8. SECURITY DEPOSIT: On file.
9. PARKING: 4/1,000, unassigned, surface and free.
This Proposal represents a statement of intent only, and should not be construed as a legally
binding agreement. Lease documents, drafted and reviewed by each party's attorneys, shall
represent the final legally binding agreement.
This Proposal shall remain in full force and effect until June 22, 1994, at 5:00 PM. This Proposal
is subject to prior lease.
Sincerely,
THE SEELEY COMPANY
David E. Bui
Senior Marketing Executive
cc: Ben Reiling
. Paul Casey
bui%elangrl.609 rd
onSLeleY
C01^ERCIAL REAL L5MsH4CE LOW
June 9, 1994
Mr. Terry Belanger
City Manager
City of Diamond Bar
21660 East Copley Drive
Suite 100
Diamond Bar, CA 91765
RE: Proposal to Renew Lease - Three Years
21660 East Copley Drive, Suites 100/190
Diamond Bar, CA 91765
Dear Terry:
21660 East Copley Drive, Suite 300
Diamond Bar, California 91765-4173
818/964-2225
909/595-5705
909/860-9669 Facsimile
On behalf of Diamond Bar Business Associates, I am pleased to submit the following proposal to
renew lease to you for space at the above -referenced building. The terms and conditions are as
follows:
1. LEASE TERM: Three (3) years commencing July 1, 1994.
2. LEASE AREA: 7,025 rentable square feet located on the first floor of the
above -referenced building.
3. BASE RENT: $1.65 per rentable square foot per month on a full service
gross basis. Said full service gross rent to include taxes,
insurance, common area maintenance, HVAC, electricity,
and five days per week janitorial service. Said rental
amount equates to $11,591.25 monthly, $139.095.00
annually.
4. RENTAL ADJUSTMENTS:
Owner/Member
Colliers International
Property Consultants
None; said Base Rental shall remain flat throughout the
lease term.
Mr. Terry Belanger
June 9, 1994
Page 2
5. OPERATING EXPENSES: Landlord to grant Tenant a new expense stop based on the
calendar year 1994 (Base Year = 1994). This would mean
Tenant's current operating expense overage payments of
$18,168.00 per year would be eliminated.
Any costs incurred by Landlord in the operation of the
building in excess of the aforementioned stop, shall be
passed through directly to Tenant. All calculations on
Operating Expenses assume a 100% leased building.
6. LEASEHOLD
][IMPROVEMENTS: Tenant to accept the premises on an "as is" basis.
7. HVAC
OPERATING HOURS: Monday through Friday: 8:00 AM - 6:00 PM
8. ACCESS: Tenant shall have key access 24 hours per day, seven (7)
days per week. The Gateway Corporate Center does
employ a security service to patrol the park seven (7) days
per week, 5:00 PM to 7:00 AM.
9. SECURITY DEPOSIT: On file.
10. PARKING: 411,000, unassigned, surface and free.
11. EXPANSION SPACE: Landlord would be willing to approach the Tenant in
Suite 250 to attempt to' cancel their lease and provide
Suite 250 for Tenant's use. Suite 250 totals 7,573 square
feet. Landlord would be willing to release Tenant of one
(1) of their first floor suites.
This Proposal represents a statement of intent only, and should not be construed as a legally
binding agreoW t Lease documents, drafted and reviewed by each party's attorneys, shall
represent the A& legally binding agreement.
NE
ON
Mr. Terry Belanger
June 9, 1994
Page 3
This Proposal shall remain in full force and effect until June 22, 1994, at 5:00 PM. This Proposal
is subject to prior lease.
Sincerely,
THE SEELEY COMPANY
David E. Bui
Senior Marketing Executive
cc: Ben Reiling
Paul Casey
bulbelangr2.609 rd
ENSLele
".
COMMERCIAL REAL ESTATE SME 1906
June 9, 1994
Mr. Terry Belanger
City Manager
City of Diamond Bar
21660 East Copley Drive
Suite 100
Diamond Bar, CA 91765
RE: Proposal to Renew Lease - Five Years
21660 East Copley Drive, Suites 100/190
Diamond Bar, CA 91765
Dear Terry:
21660 East Copley Drive, Suite 300
Diamond Bar, California 91765-4173
818/964-2225
909/595-5705
909/860-9669 Facsimile
On behalf of Diamond Bar Business Associates, I am pleased to submit the following proposal to
renew lease to you for space at the above -referenced building. The terms and conditions are as
follows:
1. LEASE TERM: Five (5) years commencing July 1, 1994.
2. LEASE AREA: 7,025 rentable square feet located on the first floor of the
above -referenced building.
3. BASE RENT: $1.55 per rentable square foot per month on a full service
gross basis. Said full service gross rent to include taxes,
insurance, common area maintenance, HVAC, electricity,
and five days per week janitorial service. Said rental
amount equates to $10,888.75 monthly, $130,665.00
annually.
4. RENTAL ADJUSTMENTS: On the first day of the 31 st month, the base rent will be
adjusted by the cumulative compounded increase in the
Consumer Price Index with a minimum 3%, maximum 6%,
per annum.
Owner/Member
Colliers International
Property Consultants
IN
O,
Mr. Terry Belanger
June 9, 1994
Page 2
5. OPERATING EXPENSES: Landlord to grant Tenant a new expense stop based on the
calendar year 1994 (Base Year = 1994). This would mean
Tenant's current operating expense overage payments of
$18,168.00 per year would be eliminated.
Any costs incurred by Landlord in the operation of the
building in excess of the aforementioned stop, shall be
passed through directly to Tenant. All calculations on
Operating Expenses assume a 100% leased building.
6. LEASEHOLD
]IMPROVEMENTS: Tenant to accept the premises on an "as is" basis.
7. HVAC
OPERATING HOURS: Monday through Friday: 8:00 AM - 6:00 PM
8. ACCESS: Tenant shall have key access 24 hours per day, seven (7)
days per week. The Gateway Corporate Center does
employ a security service to patrol the park seven (7) days
per week, 5:00 PM to 7:00 AM.
9. SECURITY DEPOSIT: On file.
10. PARKING: 411,000, unassigned, surface and free.
11. EXPANSION SPACE: Landlord would be willing to approach the Tenant in
Suite 250 to attempt to cancel their lease and provide Suite
250 for Tenant's use. Suite 250 totals 7,573 square feet.
Landlord would be willing to release Tenant of one (1) of
their first floor suites.
This Proposal represents a statement of intent only, and should not be construed as a legally
binding agreement. Lease documents, drafted and reviewed by each party's attorneys, shall
represent the final legally binding agreement.
). C. DABNEY & ASSOCIATES
LAND DEVELOPMENT CONSULTANTS & ENGINEBRS
671 S. BRZA CANYON ROAD SUITE S
WALNUT, CALIFORNIA 91789
909 $1+1.7569 �
FAX • 909-$94.$090
June 27, 1994
Mayor Gary Werner
City of Diamond Bar
21660 E. Copley Drive
Suite 100
Diamond Bar, CA 91765-4177
Reference: South Pointe Master Plan Processing
Vesting Tentative Tract No. 51447
Honorable Mayor Werner,
7
Neither myself or Mr. Forrister will be available for the July 5, Council Meeting.
I am expecting my first grandchild over the 4th of July weekend and will be in the
Seattle area from June 29th until July 21st.
It is both Mr. Forrister's and my understanding that Mr. Arciero will be meeting with
Councilwoman Ansari, her consultants, and representatives from the Pathfinder
Home Owners Association this week to discuss a posslble compromise development
plan that might break the current dead -lock. It is also our understanding that the
meeting of July 5th is to discuss what Map Mr. Arciero is providing for consideration
as Alternate No. 2 and what vesting rights he might have or not have under' this
application.
While Mr. Forrister and myself will be out of state during the meeting date, Mr.
Arciero will be able to contact either one of us if something meaningful comes out
of the meeting with Councilwoman Ansari's group.
Mr. Arciero and myself met with Mr. DeStefano and Mr. Serrci last week to review
several development studies they provided. Both Mr. Arciero and I agreed that the
staff had done a good job and that it was a step in the right direction. It is the
concerned hope of both Mr. Forrhter and Mr. Arciero that the upcoming meeting
with Councilwoman Mail group bears fruit
l 'd S 63NSUO o C N021d
[ (2 39tld a3lKlHd) 2 3SUd LIZ£-i9a-6a6 JU 6661 SB:Si L2190 MA13338 I
I have made myself available for all requested meetings for the past three years on
this project, however, my daughter's condition is understandably of more importance
to me at this moment. I would ask that you and the council be understanding in
allowing me this consideration.
Res tfully,
/an C. Dabney,RCE
President
cc: = Mr. Dwight Forrister, R -N -P Development Inc.
Mr. Frank Arclero Jr., Arclero & Sons Inc.
Z 'd S A3NSUa 3 r WONA
Is
E,
Mr. Terry Belanger
June 9, 1994
Page 3
This Proposal shall remain in full force and effect until June 22, 1994, at 5:00 PM. This Proposal
is subject to prior lease.
Sincerely,
THE SEELEY COMPANY
c-�
1
David E. Bui
Senior Marketing Executive
cc: Ben Reiling
Paul Casey
bulbelangr3.609 rd
JUN 30 194 14:55 SASAK INC 985-7520
P•0;.
S�`�►.�cCORPORATIONSA
V9M]t7Y MANAGEMENT t DEVELOPMENT
CA FOX: 0
Corporate Office: P.O. box 1153, 658 W. 9th Street, upland, 91785.1153 Irds)i9814;449
Branch Office: 3420 Lindell, St. Louis, MO 63103 (314) 371-6700 Fw : (314) 534-1086 %_j n
FAX TRANSMITAL MEMO
-�+ Jim DeStefno 861 3117
To - FAX i
!
Amrut Patel 985-7520
FROM
June 30, 1994 2
DATE PAGE SEN".....,.= ICLUDING'THxt;
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IF YOU HAVE ANY PROBLEMS RECPXVING,THIS FAX MEM ,
CALL
;.
Letter dated .lune 27, 1994 for yo#
considerat'io'n;; P
and actions.
By: Amrut Pattl.
i
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r. P
it I
1
RECEIVED 06/30 14:Z4 1994 W.
JUN 30 194 14:55 SASAK INC 985-7520 P'02. I ,
I
. SASAK
coI"RATIoN '
pfIOMTY MANAGEMENT A DEVELQPMBNT t
Cprporme Office: P.O. Box 1153, 858 W_ 9th Street, Upland, CA 91785-1153 (714) 981-6449 Fax:
tranch Office: 3420 Lindell, St. Louis, MO 63103 (314) 371.6700 Fax: (3'14) 534-106
June 27, 1994 I t
Mr. 1im bectefno I
Dirac tor' of Community Development
City lof giamond Bar j
21660 East c;opley ;give, suite 190 ;
Diam6nd Bar, CA. 91765-4177 !
i
RE: Tentative Tract Map No. 51253
Dear iMr. DeStefno: I f
The completion of this project hinges upon th� cpnstctcion
of minimum of 21 lots which was recomanded by Planing Sta f,; (1thiCh :
is you and others) and approved by Planning Commies on beca�se'of
the cost of improvements, construction and consider rig the other'.
aspects. The reduct16n in the number of lot severely impscts:thP.. '
feasibility of constructing a quality project whiChlwi11 be; a'
marketable In lieu of todays housing market. Le which will t't�e requirement
In.order to construct the project
of trg City and desires of the Community residence sinCer�el a:s)4
that :the Planning Commission recomonded be upheld.
Due to some hitches I feel my project endangeied. In ttht* event
S haze to hire an attorney to proceed in right dire tion ta! let .such,'
authority play their role ethically. !
If you have any other comments, please call,1.write tid-:xae I'
or recommond the Council to approve 21 Lots.
I •
I•appreciate your kind cooperation and courtepyn.ti9is.regax�i.
Sincerely,
Ami
Leader in Lodging Industry Devebpment and Management
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: May 9, 1994 Report Revised May 5, 1994
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Planning Commission
FROM: Terrence L. Belanger, City Manager
SUBJECT: Development Agreement Nos. 92-1 and 2; -Vesting Tentative
Tract Map No. 51407, Conditional Use Permit No. 92-8 and
Oak Tree Permit No. 92-8; Vesting Tentative Tract No.
32400, Conditional Use Permit No. 91-5, and Oak Tree
Permit No. 91-2; Tentative Tract Map No. 51253 and
Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-
9; the South Pointe Master Plan; and Environmental Impact
Report No. 92-1.
ISSUE STATEMENT: The applications submitted request approval of a mixed
use project, known as the South Pointe Master Plan,
consisting of land uses which include residential,
commercial, park, open space and school facilities. The
project site is approximately 171 acres in size and is
located north of Pathfinder Road, west of Brea Canyon
Road, east of Morning Sun Drive, and south of Rapid View
Drive. The project proposes to develop 30 acres of
commercial retail/office space of 290,000 square feet;
approximately 200 single-family detached residential
dwelling units, a 28 acre neighborhood park; and the
construction of a middle school.
RECOMMENDATION: It is recommended that the City Council receive a
presentation from the staff and project developers;. open
the Public Hearing, receive public testimony, and take
appropriate action.
1
PROJECT SUXKKRY: The South Pointe Master Plan has been proposed to guide
the development of 171 acres in the South Pointe Middle
School/ Sandstone Canyon area. The Master Plan incorpor-
ates property owned by five entities; the City of Diamond
Bar, Walnut Valley Unified School District, Arciero and
Sons, Inc., RNP Development, Inc. and Sasak Corporation.
The proposed project of record, if approved, will
consist of approximately 82 residential acres for
construction of 200 single family homes, 30 acres
proposed for a future commercial/ office use, 28 acres
proposed for open space as a public park site, and 31
acres proposed for the construction of the South Pointe
Middle School (see Exhibit "A"). As presently
contemplated, the project will be developed over a
projected ten year period. Under the proposed
development plan, all of the residential dwelling units,
one-half of the commercial/ office use, and the park site
will be completed within a projected five year period.
The remaining commercial/office use is projected to be
completed within the remaining ten year period.
To accommodate the proposed land uses, a number of
circulation system improvements are required. These
include the creation of new local streets within the
project site, a new access road to the school from Brea
Canyon Road, improvements to Brea Canyon Road, and area
off-site street and intersection modifications including
new signalization.
The proposed project will require the approval and
implementation of Development Agreements between the City
and the project applicants, adoption of a Master Plan,
Conditional Use Permits, Oak Tree Permits, Subdivision
approvals and an Environmental Impact Report. The
Planning Commission has reviewed the proposed project and
has recommended City Council approval.
PROJECT APPLICAMI The applicants for the proposed project are:
(1) RNP Development, Inc -4439 Rhodelia Dr., Claremont
CA 91711
(2) Arciero and Sons, Inc. 950 North Tustin, Anaheim,
CA 92807
(3) Sasak Corporation, 858 W. 9th Street, Upland CA
91785
(4) City of Diamond Bar, 21660 E. Copley Dr., Ste. 100,
Diamond Bar, CA 91765
2
The property owners within the boundary of the master plan area include the
applicants and the Walnut Valley Unified School District. Ownership
boundaries are identified within Exhibit"B", attached.
BACKGROUND: On July 27, 1993, the City Council adopted the General Plan.
Prior to the General Plan's adoption, Ordinance No. 4 prohibited the hearing
and consideration of the South Pointe Master Plan. On.September 14, 1993,
the City Council began the public hearing process to consider development
applications for the South Pointe Master Plan project. The Council received
a presentation on the proposal from the City Staff and a summary of the
environmental review process from the City's environmental consultant. The
public hearing on the project was continued to September 28, 1993, October 5,
1993, November 16, 1993, and January 4, 1994. As a result of the City
Council action of December 14, 1993, to repeal Resolution 93-58, which
adopted the General Plan, the project was tabled. Subsequently, actions were
taken to develop a new General Plan and a State of California Office of
Planning and Research General Plan Extension letter was obtained which
enables the City to process certain previously applied for development
projects. The Walnut Valley Unified School District has recently asked the
City for assistance -in order that the district may begin construction of the
middle. school facilities. At issue is the removal of approximately 400,000
cubic yards of earth from the school site in order to facilitate construction
of the permanent South Pointe school. The South Pointe Master Plan
contemplates the relocation of the earth from the school site to Arciero's
proposed subdivision site.
Considerable community input has been received for and against the project.
As a result, the private developers have discussed the submittal of an
alternative proposal for consideration along with the project now before the
City Council. The Planning Commission has been asked to participate in the
public presentation such that they may deliberate and comment, as
appropriate, upon any proposed modification to the,project not previously
considered by 'the Commission during its earlier public hearings. Time is of.
the essence in regards to the WVUSD school project, specifically as regards
State Capitol funds ($8 million) and construction contract considerations.
If any contemporaneous assistance to the WVUSD is to be accomplished, it is
necessary to move the decision making process forward, therefore, providing
a response to the requests from the school district and developers.
It should be noted that the WVUSD cannot remove the 400,000 cubic yards of
dirt without the permission of the authoritative governmental body, which is
the City Council of Diamond Bar.
3
PROJECT REVIEW:
The South Pointe Master Plan weaves five public and private ownership
interests into a comprehensive land use plan designed to provide a mixed use
neighborhood compatible with the built environmental.
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The Master Plan project proposes the subdivision of a primarily undeveloped
171 acre site to accommodate the phased development and subsequent use of the
site for residential, commercial, park, open space, and school purposes.
As depicted in Exhibit "C", the project site has been divided into five (5)
planning areas or enclaves. Project specific development standards have been
proposed for each enclave. Each tentative tract map has been designed
consistent with the proposed development standards.
Vesting Tentative Tract No. 32400
Vesting Tentative Tract No 32400 is proposed by Arciero and Sons and consists
of 93 lots on.47.44 acres. Ninety-one (91) single family homes are.proposed
with two lots totaling approximately 6 acres (2.58 and 3.34 acres) set aside
for commercial purposes. (See Exhibit "D") The project indicates a
residential density of approximately 2.2 units per acres. Preliminary Title
Reports indicate no unusual characteristics. The site is zoned R-1-15,000.
4
The proposed map is.located within Enclave 3. The minimum lot size proposed
for Enclave 3 is 7200 square feet with a minimum pad size of 6000 square
feet. The proposed project contains lot sizes that range from 7200 (lot #31)
to 15,095 (lot 114) square feet. Pad sizes ranges from 6,070 (lot #69) to
13,365 (lot 045) square feet. Primary access is from Brea Canyon Road with
a secondary access point through the future commercial development.
Earthwork quantities indicate 1.795 million cubic yards of cut and 1.810
million cubic yards of fill. The proposed map is consistent with the design
and development standards contained within the Master Plan.
Vestina Tentative Tract Mati_No. 5 4 7
Vesting Tentative Tract Map No. 51407 is proposed by RNP Development, Inc.
and consists of 84.20 acres containing 90 single family residential parcels
with 28.13 acres proposed for recreational open space and 21.9 acres proposed
as a commercial center. This map is located within Enclave 1, as described
within the Master Plan development standards. Minimum lot sizes for this
Enclave are 8,000 square feet with minimum pad sizes of 6,900 square feet.
The proposed residential neighborhoods within this Enclave are designed to be
compatible with the existing style and type of development pattern adjacent
to the project. The property is zoned RPD -10,000-6U. VTM 51407 provides for
an overall density of 2.59 units per acre on the 34.62 acre residential site.
Lot sizes range from 8,977 sq. ft. (lot 124) to 18,679 sq, ft. .(lot 134).
Pad sizes range from 7,079 sq. ft. (lot 026) to 13,322 sq. ft. (lot #30).
28.13 acres have been set aside for open space/ recreational purposes (lot
#91). Three commercial lots are proposed ranging in size from 3.40 acres to
13.05 acres for a total of 21.45 commercial acres. Earthwork quantities
indicate 2,567,000 yards of cut and 2,571,000 yards of fill for the proposed
map. The circulation pattern consists of a residential collector, street
"A", from Brea Canyon Road to the middle school site, and a residential
street "B" proposed extending through to Morning Sun Drive. The project
proposes six residential dwelling units facing. Larkstone Drive on property
presently owned by the Walnut Valley Unified School District.
The proposed map would supersede previously filed Tract Map No.'s 32576 and
35742. Those maps dedicated the right to prohibit the construction of
residential units within certain lots. That right was accepted by the County
and is valid and enforceable against any development request. In 1979 an
offer to dedicate the property as a "future park" was rejected by the County.
The developer is currently limited to a total of two dwelling units. Other
restrictions on the property relate to flood hazard and restricted use areas.
This proposed map, if approved, would supersede and erase the existing
development restrictions placed upon the property. (See Exhibit "E")
There are other parcels in the community which are also subject to similar
development restrictions. Properties with such development restrictions have
been re -subdivided by Los Angeles County. The applicant has specifically
requested approval of this application package which permits the City to
evaluate the change in entitlement on the merits of the proposed project.
5
Several tract maps, approved prior to incorporation, contain development
prohibitions or restrictions upon a portion of the property. Although these
properties have been retained as open space, they were not dedicated to the
County as open space. Therefore, depending upon the specific circumstances,
a property owner could request the removal of the development restrictions
and development approval.
The decision as to whether or not development should be permitted is of major
significance to the community. The Subdivision Map Act provided the vehicle
for a property owner to seek abandonment of these property restrictions. The
Map Act also appears to give the City considerable latitude to decide if
abandonment is consistent with present or prospective city policy.
Consideration of development upon the restricted properties is a matter of
public policy. The City has no obligation to remove the restrictions. The
developer has, it would appear, no inherent "tight" to the abandonment or
project approval. The benefit(s) of abandonment of the restrictive map
language should be carefully examined (i.e. provision of significant
community amenities).
The Interim City Attorney has determined that the restrictions constitute an
"open space easement". In order to abandon an open space easement, pursuant
to Government Code Section 51093, the City Council. must refer the matter to
the Planning Commission for a noticed public hearing and report; cause the
county assessor to determine the full cash value of the land as though it
were free of the open space easement; determine an abandonment fee, payable
to the county; and find that:
1. there is no public purpose in continuation of the land as open
space; and
2. the abandonment is not inconsistent with the purposes of open space
law; and
3. the abandonment conforms with the General Plan; and
4. the refusal to abandon will cause a substantial hardship upon the
landowner.
Tentative Tract No. 51253
This 6.7 acre site is currently proposed as a 21 lot, 3.13 units per acre,
single family residential development by Sasak Corporation. The proposed
project as presently designed is consistent with the Master Plan development
standards for Enclave No. 1. Lot sizes range from 8,24.1 square feet (lot #1)
to 20,962 square feet (lot #4). Earthwork quantities indicate 145.,800 cubic
yards of excavation, 98,300 cubic yards of embankment, and 47,500 cubic yards
of export. The proposed subdivision provides for an extension of street "B"
as shown within Vesting Tentative Tract Map 51407 designed to connect with
Morning Sun Drive. Title reports indicate this Tentative Map contains the
same basic development restrictions as the previously discussed map and
currently would permit a total of 3 dwelling units. The Subdivision Map Act
6
provides a means to remove such restrictions. If a resubdivision or
reversion to acreage of the tract is subsequently filed for approval, the
offer of"dedication previously rejected is terminated upon the approval and
recordation of the new map. (See Exhibit "F")
Master Plan
The use of a "Master Plan" is proposed to guide the overall development. The
components of the plan include permitted uses and development standards. The
proposed zoning regulations and development standards will be implemented via
the use of development agreements for the RNP and Arciero proposals. The
standards are attached to the Sasak proposal as a component of the Tentative
Map conditions. The complete document is contained within the previously
prepared report. The use of a master plan is a tool for implementing the
General Plan and often bridges the gap between General Plan policy and zoning
standards for the property under consideration for development.
Development Agreements
The :use of Development Agreements are proposed for the Arciero and RNP
development project.. The Development Agreement is utilized as a contract
document to incorporate the Master Plan, the Hillside Management regulations,
the Oak Tree Permit, the Development Standards with reference to the
Tentative Tract Maps. Cities are provided with the ability to enter into
Development Agreements with any property owner. Development Agreements are
essentially a negotiated contract between a public agency and a private
developer. The Development Agreement establishes the terms and conditions
from which the development can proceed and provides the applicants with
assurances based upon their- commitment to timing and compliance with the
agreements. The proposed agreements incorporate land transfers, contract
zoning, and commitments by all parties toward the successful completion of
the proposed project. Attached to this report are maps which illustrate the
existing and future ownership of property as a result of project
implementation.
Hillside Managetrlat Ordinance. Conditional Use Permit and Oak Tree Permit
The Hillside Management Ordinance requires a conditional use permit approval
for each tentative tract map proposal. The hillside management standards and
guidelines have been incorporated within each development. The impact of the
project grading is analyzed in the Draft Environmental Impact Report within
the earth resources and aesthetics sections. The Development Code requires
an Oak Tree permit for the removal of any oak genus which is eight inches in
diameter as measured four and one-half feet above the natural grade. Each
proposed subdivision site contains oak trees which would require removal.
7
In accordance with requirements of the Code, an oak tree inventory as
conducted for each subdivision site. Vesting Tentative Tract Map 51407
contains 449 oak trees. Tentative Tract Map 51253 contains 53 trees
scheduled for replacement. Vesting Tentative Tract Map 32400 will require
the removal of 276 oak trees. The Draft Environmental Impact Report indicates
that 92 percent or 768 of the 835 inventoried oak trees will be removed as a
result of the proposed grading activities on-site. All oak trees removed as
a result of the proposed project are proposed for replacement at a 2:1 ratio.
The Developers' proposal provides potential benefits to the community in the
form of facilitating the construction of the permanent middle school,
development of a publicly held park and open space, creation of a freeway
oriented commercial site and numerous area -wide traffic improvements.
Action Required:
1. Certification of the Environmental Impact report along with
Findings of Fact and a Statement of Overriding Considerations.
2. Abandonment of the dedicated right to restrict construction of
residential buildings upon RNP and Sasak properties pursuant to
Government Code (551903).
3. Approval of each tentative tract map, Development Agreements,
Conditional Use Permits, Oak Tree Permits, and the Master Plan.
(The Council must make written findings pursuant to Government Code
§65360, and 565361, and the conditions of the extension letter,
that there is little or no probability that the project will be
detrimental to or interfere with the future adopted General Plan if
the project is ultimately inconsistent with that plan).
4. Recordation of EIR Certification
5. Completion of approved conditions, as required, for issuance of
grading permits (including the applicant obtaining an Army Corp of
Engineers, Section 404, permit and a California Department of Fish
and Game,. Section 1601-1607, permit for alteration of the stream).
6. Recordation of final documents, maps, etc.
8
Alternative 1 - North/South Canyon preservation
An alternative to the proposed project has been proposed for consideration
and is designed to encourage the preservation of the Sandstone Canyon area
for open space purposes. The concept involves Arciero and Sons (Tract map
No. 32400) trading their property, adjacent to the middle school, for the
westerly 35+ acres of the RNP Development, Inc. (Tract Map. No. 51407)
property. Arciero would develop 103 homes on the former RNP site and include
a new road access from Brea Canyon Road to the middle school. The proposal
would incorporate the excess earth scheduled for export from the school site.
(See Exhibit "G")
RNP would not build upon Arciero's former site, nor their remaining acreage.
RNP's offer of dedication of this 75± acre Sandstone Canyon site to the City,
would be conditioned upon the removal of existing map restrictions on
property, owned by RNP, located adjacent to Grand Avenue. Any future
development proposal for the Grand Avenue site would be subject to all City
regulations for environmental review and development. Subdivision plans
would be submitted for review at a later date. Potential benefits of this
proposal include, but are not limited to, the facilitation of the school
construction, preservation and dedication of Sandstone Canyon to the public,
and substantial reduction of environmental impacts.
Action Required
1. Referral of revised project to Planning Commission pursuant to
Section 65857 for a report and recommendation.
2. Certification of the Environmental Impact Report, preparation of an
addendum or supplemental EIR along with Findings of Fact and a
Statement of Overriding Considerations.
3. Preparation of revised project conditions and agreements outlining
Alternative 1 (i.e. application of- conservation easement or
building rights restriction upon former Arciero, Tract 32400,
site) .
4. Planning Commission and City Council consideration of the RNP Grand
Avenue site for removal of map restrictions. (pursuant to Government
Code S51093).
5. Approval of revised Vesting Tentative Tract Map 51407 and its
associated CUP, Oak Tree Permit and Development Agreement.
Approval of Tentative Tract 51253 (Sasak) and related permits.
Approval of Parcel Map 24031 for RNP Grand Avenue Site (The Council
must make written findings pursuant to Government Code 565360, and
§65361, and the conditions of the extension letter, that there is
little or no probability that the project will be detrimental to or
interfere with the future adopted General Plan if the project is
ultimately inconsistent with that plan).
6. Completion of conditions required for grading permits, recordation
of maps, etc.
Although an intermittent blue -line stream exists upon the most westerly
portion of Tract 51407, a significant amount of school site earth may be
relocated to Tract 51407 concurrent with the processing of the 404 and 1601-
1607 permits.
9
Another design concept to consider is the maintenance of an east -west open
space amenity by only permitting the development of Arciero's Tract 32400
site. As an example, in 1991, Arciero proposed a subdivision of 75 homes
upon their acreage utilizing a previous tentative map. The 1991 tentative
map consists of 85 lots on 47.6 acres. 75 single family lots are proposed on
19.5 net acres and range in size from 7200 square feet and average 11,660
square feet. The earthwork quantities indicate the need for 393,151 cubic
Yards of import (presumable from the school site). 21.2 acres are set aside
as open space with the balance of the acreage, 6.9, devoted to streets.
Arciero's property is encumbered by a "blue line" stream. An U.S. Army Corp
of Engineers permit and California Department of Fish and Game permit would
be required prior to any modification to the existing streambed. This
alternative provides the opportunity to facilitate the school development and
preserve the building rights restricted east -west properties now owned by
Sasak Corporation (6.7 acres) and RNP Development (78 acres). (Exhibit "H")
Action Required
1. Referral to Planning Commission pursuant to Section 65857 for
report and recommendation.
2. Certification of the Environmental Impact Report along with
Findings of Fact and a Statement of Overriding Considerations and
Addendum.
3. Rejection of VTM 51407 (RNP) and TM 51253 (Sasak) with appropriate
findings and conclusions.
4. Preparation of revised map, conditions, and agreements to
facilitate the revised Arciero subdivision.
5. Approval of new VTM 32400 with associated CUP, OT and Development
Agreement (The Council must make written findings pursuant to
Government Code §65360, and 5653611 and the conditions of the
extension letter, that there is little or no probability that the
project will be detrimental to or interfere with the future adopted
General Plan if the project -is ultimately inconsistent with that
plan).
6. Completion of approved conditions, as required, for issuance of
grading permits (including the applicant obtaining an Army Corps of
Engineers, Section 404, permit and a California Department of Fish
and Game, Section 1601-1607, permit for alteration of the stream).
10
Alternative 3 - No -Project
A "no project" alternative, if selected, would require the off-site
exportation of the surplus soil presently found on the South Pointe Middle
School site in order to facilitate, immediately, construction of permanent
school buildings. As proposed, the existing excess soil will be used within
the project boundaries. Depositing the soil at an alternative off-site
location could require an addendum or supplement to the
District's previously certified Final Environmental Impact Report for the
South Pointe Middle School. The transportation of the soil, outside of the
project boundaries, would require an estimated 26,000± truck trips upon local
streets. The additional time.and cost of this alternative would be borne by
the School District.
Alternative 4
Certify the EIR, Deny projects, or specific components.
Alternative 5
Continue discussion of the South Pointe Master Plan for further environmental
analysis or investigation of additional alternatives.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act, the City has
determined that an Environmental Impact Report should be prepared to assess
and analyze the environmental effects of the.'proposed.project. The City
engaged Ultrasystems Engineers and Constructors, Inc. as an independent
consultant to prepare the environmental documents. An Executive Summary of
the environmental review record is attached.
PUBLIC HEARING YWICE:
The South Points Master Plan project was publicly noticed in accordance with
State and local requirements. Advertisements were published within the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin on April 11 and
April 22, 1994. Notices were mailed to property owners within a 500 foot
radius of. the project boundaries on April 8, 1994 and April 21, 1994.
Several hundred additional notices were mailed to interested citizens
providing public awareness of the proposal.
11
PLANNING COXXX88ION ACTION:
The Planning. Commission conducted numerous public study sessions and public
hearings on the proposals. A walking tour of the site was conducted on
December 13, 1992. Study Sessions were held in October and December 1992.
NotiL 'd. public hearings ,sere held in January, February, March, April and May,
1993. The Planning Commission recommended City Council approval of all
project components on May 24, 1993.
PREPARED BY:
James De Stefano
Community Development Director
Attachments: (Previously transmitted within May 2, 1994 report)
MAPS 1. South Pointe Master Plan (Exhibit "A")
2. Project Boundaries (Exhibit "B")
3. Planning Enclaves (Exhibit "C")
4. VTM 32400 (Exhibit "D")
5. VTM 51407 (Exhibit "E")
6. TM 51253 (Exhibit "F")
7. Revised VTM 51407 (Exhibit "G")
S. Previous (1991) VTM 32400 (Exhibit "H")
9. Environmental Review Record
10. City Council Staff Reports and Meeting Minutes
11. Planning Commission Staff Reports and Meeting Minutes
12. Notices of Public Hearing
13. OPR Extension Letter dated 1/31/94
14. Letter from J. C. Dabney dated 3/25/94
15.• Walnut Valley School District Letter dated 4/4/94
16. Timeline of Construction for South Pointe Middle School
1994-1995
17. Sierra Club Letter received 4/21/94
18. Lotter from Frederick & Frances Strunck dated 4/17/94
19. 6 page Petition signed by 102 persons re: Sandstone Canyon
20. LAst of correspondence received from January 19, 1993 through
June 8, 1993 - both for and against
21. Draft Environmental Impact Report { previously transmitted,
22. Response to Comments on the Draft Environmental Impact Report
dated February 1993 ( previously transmitted
23. Response to Comments on the Draft Environmental Impact Report -
Volume II dated November 1993 ( previously transmitted
24. Technical appendix -Response to Comments on the Draft
Environmental Impact Report dated May 1993 ( previously
transmitted
12
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: July 5, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Development Agreement Nos. 92-1 and 2; Vesting Tentative
Tract Map No. 51407, Conditional Use Permit No. 92-8 and
Oak Tree Permit No. 92-8; Vesting Tentative Tract No.
32400, Conditional Use Permit No. 91-5, and Oak Tree
Permit No. 91-2; Tentative Tract Map No. 51253 and
Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-
9; the South Pointe Master Plan; and Environmental Impact
Report No. 92-1.
ISSUE STATEMENT: This is a request for approval of a mixed use project,
known as the South Pointe Master Plan, consisting of land
uses which include residential, commercial, park, open
space and school facilities. The project site is
approximately 171 acres in size and is located north of
Pathfinder Road, west of Brea Canyon Road, east of
Morning Sun Drive, and south of Rapid View Drive. The
project proposes to develop 30 acres of commercial
retail/office space of 290,000 square feet; approximately
200 single-family detached residential dwelling units, a
28 acre neighborhood park; and the construction of a
middle school. Continued from June 21, 1994.
RECOMMENDATION: It is recommended that the City Council take action on
each development application.
BACKGROUND: On June 21 the City Council discussed the South Pointe
Master Plan and concluded by continuing the matters to
July 5, 1994.
The developers have requested Council action on the
development applications. The Interim City Attorney has
prepared a memorandum dated June 21, 1994, which responds
to the question of vested rights for Tract 32400.
1
Correspondence received from Mr. Amrut Patel regarding TM
51253 indicates his desire for the City Council to
support the Planning Commission recommended 21 lot map
and related applications.
Mr. Dabney, on behalf of RNP development, has requested
a continuance for VTM 51407.
Mr. Frank Arciero seeks a decision regarding VTM 32400
submitted in 1992, consisting of 91 residential lots, and
associated applications, with an option to continue to
explore other project alternatives, if appropriate.
In order to approve the development applications as
requested, resolutions and ordinances must be crafted to
coincide with a specific development plan. Staff
direction is needed to identify parameters to approve or
deny the applications. The resolutions and ordinances
must include appropriate, project specific, conditions
and contain findings of fact to support the actions.
The City Council, in order to take action, must consider
and incorporate evidence supported findings. Actions to
approve the development projects would incorporate the
following findings: (Actions to deny the development
applications would incorporate contrary findings.)
I. Environmental findings pursuant to Section 15091 of
the State CEQA Guidelines.
2. A Statement of Overriding Conditions pursuant to
Section 15093 of the State CEQA Guidelines.
3. A Mitigation Program and Monitoring Plan as
required by CEQA Guidelines.
4. Written findings pursuant to Government Code
Section 65360 and 65361 and the conditions of the
OPR Extension Letter finding that "there is little
or no probability that the project will be
detrimental to or interfere with the future adopted
General Plan if the project is ultimately
inconsistent with that Plan."
5. Abandonment of an Open Space Easement (RNP
property) pursuant to Government Code Section 51093
finding that:
a) there is no public purpose in continuation of
the land as open space; and
b) the abandonment is not inconsistent with the
purposes of open space law; and
C) the abandonment conforms with the General
Plan; and
d) the refusal to abandon will cause a
E
substantial hardship upon the landowner.
6. Written findings for each vesting and tentative
tract map pursuant to the Subdivision Map Act
stating:
a) that the proposed map is consistent with the
applicable general plan specified in Section
65361
b) that the design or improvement of the proposed
subdivision is consistent with applicable
general and specific plans.
C) that the site is physically suitable for the
type of development.
d) that the site is physically suitable for the
proposed density of development.
e) that the design of the subdivision or the
proposed improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife or their habitat.
f) that the design of the subdivision or type of
improvements is not likely to cause serious
public health problems.
g) that the design of the subdivision or the type
of improvements will not conflict with
easements, acquired by the public at large,
for access through or use of, property within
the proposed subdivision. In this connection,
the government body may approve a map if it
finds that alternate easements, for access or
for use, will be provided, and that these will
be substantially equivalent to ones previously
acquired by the public. This subsection shall
apply only to easements of record or to
easements established by judgement of a court
of competent jurisdiction and no authority is
hereby granted to a legislative body to
determine that the public at large has
acquired easements for access through or use
of property within the proposed subdivision.
7. Written Findings that the proposed Development
Agreements complies with the terms, conditions,
restrictions and requirements of Section 22.16.320
of the Los Angeles County Planning and Building
Code:
a) that the proposed development agreement is
consistent with the general plan and any
applicable community, area or specific plan;
and
b) that the proposed development agreement
complies with zoning, subdivision and other
applicable ordinances and regulations; and
3
c) that the proposed development agreement is
consistent with the public convenience,
general welfare and good land use practice,
making it in the public interest to enter into
the development agreement with the applicant;
and
d) that the proposed development agreement will
not:
1) adversely affect the health, peace,
comfort or welfare of persons residing or
working in the surrounding area; or
2) be materially detrimental to the use,
enjoyment or valuation of property of
other persons located in the vicinity of
the site; or
3) jeopardize, endanger or otherwise
constitute a menace to the public health,
safety or general welfare.
8. Written findings for each vesting and tentative
tract map pursuant to the Los Angeles County
Planning and Building Code Chapter 22.56 Section
56.215 regarding Hillside Management Areas:
a) that the proposed project is located and
designed so as to protect the safety of
current and future community residents, and
will not create significant threats to life
and/or property due to the presence of
geologic, seismic, slope instability, fire,
flood, mud flow, or erosion hazard, and
b) that the proposed project is compatible with
the natural, biotic, cultural, scenic and open
space resources of the area, and
C) that the proposed project is conveniently
served by (or provides) neighborhood shopping
and commercial facilities, can be provided
with essential public services without
imposing undue costs on the total community,
and is consistent with the objectives and
policies of the General Plan, and
d) that the proposed development demonstrates
creative and imaginative design, resulting in
a visual quality that will complement
community character and benefit current and
future community residents.
9. Written findings for each vesting and tentative
tract map pursuant to the Los Angeles County
Planning and Building Code Chapter 22.56 Section
22.56.2100:
a) that the proposed construction or proposed use
will be accomplished without endangering the
4
health of the remaining trees not listed in
the Oak Tree Permit.
b) that the removal or relocation of the oak
tree(s) proposed will not result in soil
erosion through the diversion or increased
flow of surface waters which cannot be
satisfactorily mitigated; and
C) that in addition to the above facts, at least
one of the following findings apply:
1) that the removal or relocation of the oak
tree(s) proposed is necessary as
continued existence at present
location(s) frustrates the planned
improvement or proposed use of the
subject property to such extent that:
i. alternative development plans cannot
achieve the same permitted density or
that the cost of such alternative would
be prohibitive, or
ii. placement of such tree(s) precludes
the reasonable and efficient use of such
property for a use otherwise authorized,
or
2) that the oak tree(s) proposed for removal
or relocation interferes with utility
services or streets and highways, either
within or outside of the subject
property, and no reasonable alternative
to such interference exists other than
removal of the tree(s), or
3) that the condition of the oak tree(s)
proposed for removal with reference to
seriously debilitating disease or danger
of falling is such that it cannot be
remedied through reasonable preservation
procedures and practices.
PREPARED BY:
James De Stefano
Community Development Director
Attachments:
1. Letter from Jan Dabney dated June 27, 1994
2. Letter from Amrut Patel dated June 27, 1994
3. Memo from Interim City Attorney dated June 21, 1994
4. City Council Staff Report dated May 9, 1994
5. Planning Commissions Resolutions Recommending Approval of
9
the Project Components
6. PROJECT MAPS:
a. VTM 51407, VTM 32400, TT 51253, as recommended for
approval by the Planning Commission
b. Alternative 1 - RNP Map
C. Alternative 2 - Arciero Tract Map
11
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NOM
TO: Terrence L. Belanger, City Manager
MEETING DATE: July 5, 1994 REPORT DATE: June 30, 1994
FROM: James DeStefano, Community Development Director
TITLE: Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use
Permit No. 92-8 and Oak Tree Permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No.
91-5, and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12;
Oak Tree Permit No. 92-9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1, continued
from June 21, 1994.
SUMMARY: This is a request for approval of a mixed use project, known as the South Pointe Master Plan,
consisting of land uses which include residential, commercial, park, open space and school facilities. The project
site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east
of Morning Sun Drive, and south of Rapid View Drive. The project proposes to develop 30 acres of commercial
retail/office space of 290,000 square feet; approximately 200 single-family detached residential dwelling units,
a 28 acre neighborhood patk; and the construction of a middle school. Continued from June 21, 1994.
RECOMMENDATION: It is recommended that the City Council take action on each development application.
Sasak and Arciero & Sons have requested a decision. RNP desires a continuance to a future meeting date.
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
X Other
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
L Has the resolution, ordinance or agreement been reviewed N/A _ Yes —No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? MAJORITY
3. Has environnmmW impact been assessed? X Yes —No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes XNo
Report discussed with the following affected departments:
REVIEWED BY: i
errence L.
BOA# Frank M. Usher idines DeStefano
City Manager Assistant City Manager Community Deve opment Director
CITY COUNCIL REPORT
AGENDA NO.
MEETI,.j DATE: July 5, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Development Agreement'Nos. 92-1 and 2; Vesting Tentative
Tract Map No. 51407, Conditional Use Permit No. 92-8 and
Oak Tree Permit No. 92-8; Vesting Tentative Tract No.
32400, Conditional Use Permit No. 91-5, and Oak Tree
Permit No. 91-2; Tentative Tract Map No. 51253 and
Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-
9; the South Pointe Master Plan; and Environmental Impact
Report No. 92-1.
ISSUE STATEMENT: This is a request for approval of a mixed use project,
known as the South Pointe Master Plan, consisting of land
uses which include residential, commercial, park, open
space and school facilities. The project site is
approximately 171 acres in size and is located north of
Pathfinder Road, west of Brea Canyon Road, east of
Morning Sun Drive, and south of Rapid View Drive. The
project proposes to develop 30 acres of commercial
retail/office space of 290,000 square feet; approximately
2.00 single-family detached residential dwelling units, a
28 acre neighborhood park; and the construction of a
middle school. Continued from June 21, 1994.
RECOMMENDATION: It is recommended that the City Council take action on
each development application.
BACKGROUND: On June 21 the City Council discussed the South Pointe
Master Plan and concluded by continuing the matters to
July 5, 1994.
The developers have requested Council action on the
development applications. The Interim City Attorney has
prepared a memorandum dated June 21, 1994, which responds
to the question of vested rights for Tract 32400.
1
Correspondence received from Mr. Amrut Patel regarding TM
51253 indicates his desire for the City Council to
support the Planning Commission recommended 21 lot map
and related applications.
Mr. Dabney, on behalf of RNP development, has requested
a continuance for VTM 51407.
Mr. Frank Arciero seeks a decision regarding VTM 32400
submitted in 1992, consisting of 91 residential lots, and
associated applications, with an option to continue to
explore other project alternatives, if appropriate.
In order to approve the development applications as
requested, resolutions and ordinances must be crafted to
coincide with a specific development plan. Staff
direction is needed to identify parameters to approve or
deny the applications. The resolutions and ordinances
must include appropriate, project specific, conditions
and contain findings of fact to support the actions.
The City Council, in order to take action, must consider
and incorporate evidence supported findings. Actions to
approve the development projects would incorporate the
following findings: (Actions to deny -the development
applications would incorporate contrary findings.)
1. Environmental findings pursuant to Section 15091 of
the State CEQA Guidelines.
2. A Statement of Overriding Conditions pursuant to
Section 15093 of the State CEQA Guidelines.
3. A Mitigation Program and Monitoring Plan as
required by CEQA Guidelines.
4. Written findings pursuant to Government Code
Section 65360 and 65361 and the conditions of the
OPR Extension Letter finding that "there is little
or no probability that the project will be
detrimental to or interfere with the future adopted
General Plan if the project is ultimately
inconsistent with that Plan."
5. Abandonment of an Open Space Easement (RNP
property) pursuant to Government Code Section 51093
finding that:
a) there is no public purpose in continuation of
the land as open space; and
b) the abandonment is not inconsistent with the
purposes of open space law; and
C) the abandonment conforms with the General
Plan; and
d) the refusal to abandon will cause a
2
substantial hardship upon the landowner.
6. Written findings for each vesting and tentative
tract map pursuant to the Subdivision Map Act
stating:
a) that the proposed map is consistent with the
applicable general plan specified in Section
65361
b) that the design or improvement of the proposed
subdivision is consistent with applicable
general and specific plans.
C) that the site is physically suitable for the
type of development.
d) that the site is physically suitable for the
proposed density of development.
e) that the design of the subdivision or the
proposed improvements are not likely to cause
substantial environmental damage or
substantially and avoidably injure fish or
wildlife or their habitat.
f) that the design of the subdivision or type of
improvements is not likely to cause serious
public health problems.
g) that the design of the subdivision or the type
of improvements will not conflict with
easements, acquired by the public at large,
for access through or use of, property within
the proposed subdivision. In this connection,
the government body may approve a map if it
finds that alternate easements, for access or
for use, will be provided, and that these will
be substantially equivalent to ones previously
acquired by the public. This subsection shall
apply only to easements of record or to
easements established by judgement of a court
of competent jurisdiction and no authority is
hereby granted to a legislative ,body to
determine that the public at large has
acquired easements for access through or use
of property within the proposed subdivision.
7. written Findings that the proposed Development
Agreements complies with the terms, conditions,
restrictions and requirements of Section 22.16.320
of the Los Angeles County Planning and Building
Code:
a) that the proposed development agreement is
consistent with the general plan and any
applicable community, area or specific plan;
and
b) that the proposed development agreement
complies with zoning, subdivision and other
applicable ordinances and regulations; and
3
C) that the proposed development agreement is
consistent with the public convenience,
general welfare and good land use practice,
making it in the public interest to enter into
the development agreement with the applicant;
and
d) that the proposed development agreement will
not:
1) adversely affect the health, peace,
comfort or welfare of persons residing or
working in the surrounding area; or
2) be materially detrimental to the use,
enjoyment or valuation of property of
other persons located in the vicinity of
the site; or
3) jeopardize, endanger or otherwise
constitute a menace to the public health,
safety or general welfare.
8. Written findings for each vesting and tentative
tract map pursuant to the Los Angeles County
Planning and Building Code Chapter 22.56 Section
56.215 regarding Hillside Management Areas:
a) that the proposed project is located and
designed so as to protect the safety of
current and future community residents, and
will not create significant threats to life
and/or property due to the presence of
geologic, seismic, slope instability, fire,
flood, mud flow, or erosion hazard, and
b) that the proposed project is compatible with
the natural, biotic, cultural, scenic and open
space resources of the area, and
C) that the proposed project is conveniently
served by (or provides) neighborhood shopping
and commercial facilities, can be provided
with essential public services without
imposing undue costs on the total community,
and is consistent with the objectives and
policies of the General Plan, and
d) that the proposed development demonstrates
creative and imaginative design, resulting in
a visual quality that will complement
community character and benefit current and
future community residents.
9. Written findings for each vesting and tentative
tract map pursuant to the Los Angeles County
Planning and Building Code Chapter 22.56 Section
22.56.2100:
a) that the proposed construction or proposed use
will be accomplished without endangering the
4
health of the remaining trees not listed in
the Oak Tree Permit.
b) that the removal or relocation of the oak
tree(s) proposed will not result in soil
erosion through the diversion or increased
flow of surface waters which cannot be
satisfactorily mitigated; and
C) that in addition to the above facts, at least
one of the following findings apply:
1) that the removal or relocation of the oak
tree(s) proposed is necessary as
continued existence at present
location(s) frustrates the planned
improvement or proposed use of the
subject property to such extent that:
i. alternative development plans cannot
achieve the same permitted density or
that the cost of such alternative would
be prohibitive, or
ii. placement of such tree(s) precludes
the reasonable and efficient use of such
property for a use otherwise authorized,
or
2) that the oak tree(s) proposed for removal
or relocation interferes with utility
services or streets and highways, either
within or outside of the subject
property, and no reasonable alternative
to such interference exists other than
removal of the tree(s), or
3) that the condition of the oak tree(s)
proposed for removal with reference to
seriously debilitating disease or danger
of falling' is such that it cannot be
remedied through reasonable preservation
procedures and practices.
PREPARED BY: `
James De Stef
Community Development Director
Attachments:
1. Letter from Jan Dabney dated June 27, 1994
2. Letter from Amrut Patel dated June 27, 1994
3. Memo from Interim City Attorney dated June 21, 1994
4. City Council Staff Report dated May 9, 1994 royal of
5. Planning Commissions Resolutions Recommending App
5
the Project Components
6. PROJECT MAPS:
a. VTM 51407, VTM 32400, TT 51253, as recommended for
approval by the Planning Commission
b. Alternative 1 - RNP Map
C. Alternative 2 - Arciero Tract Map
6
C. DABNEY & ASSOCIATES
LAND DBVELOPMBNT CONSULTANTS n ENGIM ERS
671 S. BREA CANYON ROAD SUITE }
WALNUT, CALIFORNIA 91789
909 $96.7568
FAX •904.59+1.5090
June 27, 1994
Mayor Gary Werner
City of Diamond Sar
21660 E. Copley Drive
Suite 100
Diamond Bar, CA 91765-4177
Reference: South Pointe Master Plan Processing
Vesting Tentative Tract No. 51407
Honorable Mayor Werner,
Neither myself or Mr. Forrister will be available for the July 5, Council Meeting.
I am expecting my first grandchild over the 4th of July weekend and will be In the
Seattle area from June 29th until July 21st.
It Is both Mr. Fordster's and my understanding that Mr. Arciero will be meeting with
Councilwoman Anted, her consultants, and representatives from the Pathfinder
Home Owners Association this week to discuss a passible compromise development
plan that might break the current dead -lock. It is also ou'r understanding that the
meeting of July Sth is to discuss what Map Mr. Arclero is providing for consideration
as Alternate No. 2 and what vesting rights he might have or not have under this
application.
While Mr. Forrister and myself will be out of state during the meeting date, Mr.
Arclero wWbe able to contact either one of us if something meaningfui comes out
of the medkg with Councilwoman Ansari's group.
Mr. Arciero and myself met with Mr. DeStefano and Mr. Serml last week to review
several development studies they provided. -Both Mr. Arciero and I agreed that the
staff had done a good job and that it was a step in the right direction. It is the
concerned hope of both Mr. Forrister and Mr. Arciero that the upcoming meeting
with Councilwoman Ansad"s group bears fruit
A3H8Ud 3 f NONA
I (2 3SHd (131NI8d) 2 39tld LIT£ -198-666 iv i,66i sa:si 4Z/9e 43A1333a I
41-H 30 194 14:55 SASAK INC 985-7520 P.O,
CORPORATION t �;
ft 7 a 95v6LQFMM5►rt
i 1i G
Corporate OHioe: P.O. Ow 1153, 858 W. 9th Street, Upland, CA 91793.1153 fl")I981.6"9 F*X: (94 9"tw
8raneh Otras: 3420 Linden, St. Louis, MO 83103 (314) 371-$700 Frac: (314) 534.1001 „. n
t FAX TRANSMITAL MEMO u),.
,rim DeStefno 861 3117
FAX i i
Amrut Patel 985-75201 is ?
! t0M rAx _ # L."
June 30, 1994 2 '
DATE PAGE SZNT.,.. x CLUD3NG,T1116 :PjiG
IP YOU HAVE ANY PROBLEMS RECFXVING ,THIS FAX nZK , CULL ;gQl-9:81-16,440
wpasAGE. i is
Letter dated June 27, 199.4 for yoy considatton'�'.
and actions.
By: Amrut Patti t ! t
I .
FF
J1JN 30 194 14:55 SASAK INC 985-7520 P.02
i
i
i
CORPORATION
pj0FE Y MMIAGMAINT • DEMOPURM
i
Corporate Office S8 P.O. Bou 1153, 8W. 9th Street, upland, CA 917861153 (714) 98 ax: 1�L)752A;'
Branch Me: 3420 Lindell, St. Louis. MO 63103 (314) 371-6700 Fax: (374) 534.1
June 27, 1994 '
Mr. .�im beStefno
Direotor'of Community Development
City';of Diamond Bar "• i
71660; East wpley Drive, Suite 190 1 ;
Diataoind
Bar, CA. 91765-4177 i
C
RE: Tentative Tract Map NO. 51253
Dear 44r. DeStefno: j
The completion of this project hinges upon the cgnstirUatciop' '+
of minimum of 21 lots which was recomcntded by piang StAn'; {wbiAt :
is you and others) and approved by Planning Commiss on bees,si!o
the cost of improvements, construction and consider ng the Ivt%r4. i.
aspects. The reduction in the number of lot severe y impaots t:h� ;
feasilbility of constructing a quality project which will bo a-
marketable in lieu of todays housing market. i
Zn, order to construct the project which will eet ' tblak requ.resient
of the City and desires of the Community residence E sJndex*ly , ash+
that the Planning Commission recomonded be upheld. +
Due to some hitches I feel my project endange ed. Inhi>x event
I have to hire an attorney to proceed in right dire tion to let Bach,
authority play their role ethically.
i
if you have any other comments, please call, .write` tic ~iae I`
or recommond the Council to approve 21 Lots.
diii
= appreciate your kind cooperation and courts y tP, thiff. regar.
Sincerely,
AmY I I
1 i i
Leader in Lodging Industry Devok pment and Management ! i j "
RECEIVE 06/17 12:31 1"4 AT 999-961-3117 PAGE I (PRINTED PAGE 1) I
MINTGO14ERY LAW OFFICE TEL:1-310-908-1854 Jun 17 94
MEMRANDUM
TO: CITY COUNCIL, CITY OF D D BAR
FROM: INTERIM CITY ATTORN
DAM JUNE 17, 1994
RR: VMING MAP RIGHTS
12:34 No.006 P.01
You have asked for an opinion on vesting map rights, so that you
can have in mind various legal aspects of the process while you are
considering the several maps before you.
A vesting map is subject to the rules, regulations and ordinances on
the dato that the application is doomed complete.' An application is
deemed complete if the City does not gives notice of doftelency within
30 days." The granting of the application requires an existing
general plan", or OPR extension", so that there can be the required
finding that the aubdivision is In conformity with eithor the existing
general plan, or the proposed general plan, in the event of an OPA
lotter."
If the applicution is subsequently amended, then it is no longer the
same application, and must look for those rights that exist at-. the time
the amended application is complete." This In why some developers
"parallel track" maps, preserving all rights in the first one, while
exploring alternatives with the second map. The City of Diamond Bar
has the following valid periods insofar as vested maps are concerned,
presuming that the application for a vested tentative map, in
question, was deemed complete during one of the following periods:
1. - The County Gonoral Plan, after incorporation, and during
the period of the initial OPR letter, which began on April 18, 1989,
expired on August 5, 1993.
2. The period of time from the adoption of the first General
lllan, July 14, 1092, until the referendum petitions were Mod on
August 10,. 1992.
period of time between the second adopted General
I-- 'W'
' T 111993, and the date the second date of referendum
poh Ihied, August 24, 1993.
4. The date the OPR letter was Issued, January 31, 1994,
through the present.
' Goren at Code 566498.11b1
' Gorsrn nt Code f65943(a)
PASMroe oefense rand, 133 Cal. npp.3d 800
" Governing t Code 565361
Hors r. County of Ventura. 24 Cal. app.3d 6051 Harrimn Co., 235
Cal. App.3d 388
" Banta Monica Pines, 35 Cal.3d 868
RESOLUTION NO. PC 93-16
A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCII. CERTIFICATION
OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND
APPROVAL OF VESTING TENTATIVE TRACT NO. 32400, TO DEVELOP A 94
LOT SUBDIVISION AS PART OF THE SOUTH POINTE MASTER PLAN,
LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER
ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals
(i) ARCIERO AND SONS, INC., 950 N. Tustin, Avenue, Anaheim,
California (the "Applicant" hereinafter), has heretofore filed an application
for approval of Vesting Tentative Tract Map No. 32400 as described in
the title of this Resolution. Hereinafter in this Resolution, the subject
Vesting Tentative Tract Map No. 32400 shall be referred to as the
"Application. "
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application,
within the City of Diamond Bar.
(iii) As a component of the South Pointe Master Plan the application has been
processed in accordance with Ordinance No. 4 (1992) of the City of
Diamond Bar.
(iv) On October 26, 1992, January 25, February 8, February 22, February 25,
March 22, April 12, April 26, April 29 and May 10, 1993, the Planning
Commission of the City of Diamond Bar conducted a duly noticed public
hearing on the subject matter of the Application.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds, and based thereon, recommends
that the City Council so certify that Environmental Impact Report No.
SCH No. 92-1 (92081040) has been prepared for this project in
compliance with the California Environmental Quality Act of 1970, as
- amended, and the Guidelines promulgated thereunder and further that said
Environmental Impact Report No. 92-1 (SCH92081040) reflects the
independent judgment of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines and
recommends that the City Council so find and determine, based on the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project specified in the
Application, which mitigate or avoid significant adverse environmental
impacts identified in said Environmental Impact Report No. 92-1 (SCH
92081040) except as to those effects which are identified and made the
subject of a Statement of Overriding Considerations which this Planning
-- Commission finds are clearly outweighed by the economic, social and
other benefits of the proposed project, as more fully set forth in the
Statement of Overriding Considerations.
4. The Planning Commission hereby recommends that the City Council adopt
the Findings, Facts and Statement of Overriding Considerations attached
hereto as Exhibit "A" and hereby incorporated by reference.
5. The Applicant shall make payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The approval of this Vesting Tentative Tract Map No. 32400 is contingent
upon all other map and development agreement approvals associated with
this South Pointe Master Plan.
7. Based on substantial evidence presented to this Commission during the
above -referenced public hearings, including written and oral staff reports,
2
Public testimony and the record of the Application, this Planning
Commission hereby specifically finds as follows:
(a) The Application applies to a parcel located within the South Pointe
Master Plan area generally described as being situated west of the
Orange (SR -57) Freeway and Brea Canyon Road, east of the
corporate boundaries of the City (Tract 27141) and Morning Sun
Avenue, north of Pathfinder Road and the adjacent existing
residential area (Tract 32576) and south of existing residential and
vacant land located southerly of Colima Road, consisting of 47.4
- acres, and zoned R-1 15,000.
(b) Surrounding properties' zoning and land use are:
East: Brea Canyon Road and SR 57 Freeway;
South: RPD 10,000 6U vacant;
- West: R-115,000/School;
North: R-1 8,000/single family residential
(c) The Application is for a ninety-four (94) lot subdivision to
construct 91 single family units, and two commercial lots for
office/commercial development.
(d) The site is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Department of Public Works of the County
of Los Angeles.
(e) As conditioned, the design of the subdivision and the proposed
improvements will not cause substantial environmental damage or
substantial and avoidable injury to fish or wildlife or to their
habitat, and while the proposed development will have a significant
_ adverse effect on biological resources, a Statement of Overriding
considerations has been made on these unavoidable impacts.
(f) Neither the design of the subdivision nor the types of
improvements will cause serious public health problems, since
sewage disposal, storm drainage, public services and geological
and soils factors are addressed in the conditions of approval
appended hereto.
91
(g) The design of the subdivision provides, to the extent feasible, for
future passive or natural heating or cooling opportunities. The
design of the subdivision is based on the size and shape of the -
parcel.
(h) The proposed subdivision does contain or front upon a public
waterway, river, stream, coastline, shoreline, lake or reservoir.
(i) The subdivision and development of the property in the manner set
forth on the map will not unreasonably interfere with the free and
complete exercise of public entity and/or public utility rights-of-
way and/or easements within the area covered by said map, since
the design and development as set forth in the conditions of
— approval and on the tentative map provide adequate protection for
any such easements.
(j) The discharge of sewage from this subdivision into the public
sewer system will not violate requirements of the California
Regional Water Quality Control Board pursuant to Division 7
(Sections 13000, et seq.) of the California Water Code.
(k) The housing needs of the region have been considered and
balanced against the public service needs of local residents and
available fiscal and environmental resources.
8. Based upon substantial evidence presented to the Planning Commission
during the above -referenced public hearing, and upon the specific findings
of fact set forth above, pursuant to the provisions of Ordinance No. 4
(1992) of the City of Diamond Bar, the Planning Commission hereby
finds and determines as follows:
(a) The action proposed (Vesting Tentative Map) has been processed
in accordance with the provisions of Ordinance No. 4 (1992) of
— the City of Diamond Bar.
(b) The Application as proposed and conditioned herein complies with
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, this Planning
Commission recommends that the City Council hereby approve the
Application subject to the following conditions which are set forth in
Exhibit "B" hereto and are incorporated by reference.
4
10. The Planning Commission Secretary is hereby directed (a) to certify to the
adoption of this Resolution and, (b) forthwith transmit a certified copy of
this Resolution, by certified mail, return receipt requested, to Arciero and
Sons, Inc., 950 N. Tustin Avenue, Anaheim, California 92807.
Approved and adopted this the 24th day of May, 1993 by the Planning Commission of
the City of Diamond Bar.
i�
Bruce Flamenbaum, Chairman
I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do
hereby certify that the foregoing Resolution was introduced, passed and adopted at a
- regular meeting of the Planning Commission of the City of Diamond Bar held on the
24th of May, 1993, by the following vote:
AYES: COMMISSIONERS: Flamenbaum, Meyer, Li &
Plunk
NOES: COMMISSIONERS: Grothe
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
ATTEST:
�� „
Ja s DeStefano, Secr,
A:ARCI-MAP.62
5
PLANNING COMMISSION RESOLUTION NO. 93-16
MAY 24, 1993
EXHIBIT "B
CONDITIONS OF APPROVAL
A. GENERAL REQUIREMENTS:
1. This Approval of Vesting Tentative Tract Map No. 32400 shall not be effective
for any purpose until a duly authorized representative of the applicant has filed
with the Community Development Department an Affidavit of Acceptance,
thereby accepting all the conditions of this approval which Affidavit shall be filed
within 15 days of the date of approval.
2. All requirements of this Resolution, project development agreement, the
applicable Zoning District, the City Codes, City departmental policies, rules and
regulations and applicable law, policies and regulations of any State, Federal or
local agency with jurisdiction thereof shall be complied with by the Applicant.
3. The applicant shall defend at applicant's sole expense any action brought against
the City, its agents, officers, or employees, because of the issuance of such map
approval, or in the alternative, shall relinquish such map approval. The applicant
shall reimburse the City, its agents, officers, or employees, for any court costs
and attorney's fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of its obligations under this
condition.
B. FIRE DEPARTMENT REQUIREMENTS:
1. Provide and locate water mains, fire hydrants and fire flows as required by Fire
Department and Fire Code.
2. Prior to recordation of a final map, emergency secondary access shall be provided
in accordance with Fire Protection District Standards and approved by the City
_ Engineer.
3. Fire Department access shall be extended to within 150 feet distance of any
portion of structure to be built and shown on the final map.
4. Access shall comply with Section 10.207 of the Fire Code (all weather access).
5. Driveways shall include, as necessary, turnarounds suitable for fire protection
equipment use and shown on the final map. Turnarounds shall be designed,
constructed and maintained to insure their integrity for Fire Department use.
J
6. All required fire hydrants shall be installed, tested and accepted prior to
construction of on-site improvements. Vehicular access must be provided and
maintained serviceable throughout construction.
7. All hydrants shall be brass or bronze and conform to current AWWA standard
AC503 or approved equal. All hydrants shall be installed a minimum of 25' from
- a structure or protected by a two (2) hour fire wall for commercial structures.
C. ENGINEERING REQUIREMENTS:
GENERAL
1. Prior to approval and recordation of the final map, written certification from the
affected district, that adequate sewer and water facilities are or will be available
to serve the proposed project, shall be submitted to the City. Such letters must
-- have been issued by the district within ninety (90) days prior to final map
approval.
2. All easements existing prior to final map approval must be identified. If an
easement is blanket or indeterminate in nature, a statement to that effect must be
shown on the final map in lieu of its location.
3. A title report/guarantee showing all fee owners and interest holders must be
submitted when a final map is submitted for plan check. The account shall
remain open until the final map is filed with the County Recorder. An updated
title report/guarantee must be submitted ten (10) working days prior to final map
approval.
4. A landscape/lighting district(s) shall be formed per City requirements to finance
the maintenance and to maintain common open space areas within the project site.
5. New boundary monuments shall be set in accordance with the State Subdivision
Map Act and subject to approval by the City Engineer.
6. If any required public improvements have not been completed by Applicant and
accepted by the City prior to the approval of the final map Applicant shall enter
into a subdivision agreement with the City and shall post the appropriate security.
K%
7. All site grading, landscaping, irrigation, street improvement, sewer and storm
drain improvement plans shall be approved by the City Engineer prior to final
map approval.
8. Street names shall be submitted for City review and approval prior to approval
of the final map. Street names shall not duplicate existing streets within the City
of Diamond Bar's postal service zip code areas.
9. House numbering plans shall be approved by the City Engineer prior to issuance
of building permits.
10. The detail drawings and construction notes shown on the vesting map are
conceptual only and the approval of this map does not constitute approval of said
notes.
GRADING
11. Applicant shall submit to the City Engineer the total cost estimate for bonding
purposes of all grading, prior to approval of the final map.
12. The final grading plans shall be completed and approved prior to issuance of
building permits.
13. Final grading plans for each parcel are to be submitted to the Building and Safety
Division for approval prior to issuance of building or grading permits. (This may
be on an incremental or composite basis.)
14. Grading of the subject property shall be in accordance with the current Uniform
Building Code, City Grading Ordinance 14 and City's Hillside management
Ordinance, as modified by the Project Development Agreement and acceptable
grading practices. The precise and final grading plan shall be in substantial
-- conformance with the grading plan approved as a material part of the Tentative
Map.
15. All landslide debris shall be completely removed prior to fill placement as
required by the final geotechnical report.
16. At the time of submittal of the 40 -scale grading plan for plan check, a detailed
soils and geology report shall be submitted in compliance with City guidelines to
the City Engineer for approval and said report shall be prepared by a qualified
engineer and/or geologist licensed by the State of California. The report shall
address, but not be limited to, the following:
3
(a) Soil remediation measures shall be designed for a "worst case" geologic
interpretation subject to verification in the field during grading.
(b) The extent of any remedial grading into natural areas shall be clearly
defined on the grading plans.
(c) Areas of potential for debris flow shall be defined and proper remedial
measures implemented as approved by the City Engineer.
(d) Gross stability of all fill slopes shall be analyzed as part of the
geotechnical report including remedial fill that replaces natural slope.
(e) Stability of all proposed slopes shall be confirmed by analysis as approved
by the City Engineer.
_ (f) All geologic data including landslides and exploratory excavations must
be shown on a consolidated geotechnical map using the 40 -scale final
grading plan as a base.
All geotechnical and soils related findings and recommendations must be reviewed and
approved by the City Engineer prior to issuance of any grading permits and recordation
of the final map. Applicant further agrees that the number of actual buildable lots may
be reduced by the City based upon the final findings and recommendations of the City's
geologist.
17. Grading plans shall be prepared in a 24" x 36" format and designed in
compliance with the recommendations of the final detailed soils and engineering
geology reports. All remedial earthwork specified in the final report shall be
incorporated into the plans.
18. Grading plan(s) must be signed and stamped by a registered Geotechnical
Engineer and registered Geologist.
19. All identified geologic hazards within the Tentative Tract boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the
final map as "Restricted Use Area". The subdivider shall dedicate to the City the
right to prohibit the erection of buildings or other structures within such restricted
use areas on the final map.
DRAINAGE
20. Surety shall be posted and an agreement executed guaranteeing completion of all
drainage facilities necessary for dewatering all parcels to the satisfaction of the
City Engineer prior to final map approval and prior to the issuance of grading
permits.
21. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map as approved by the City Engineer.
4
22. All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prior to issuance of building permits for
construction upon any parcel that may be subject to drainage flows enter, leaving,
or within a parcel relative to which a building permit is requested.
23. An erosion control plan shall be approved by the City Engineer prior to issuance
of grading permits.
24. Prior to placement of any dredged or fill material into any U.S.G.S. blue line
stream bed, a 404 permit shall be obtained from the Army Corps of Engineers
- and an agreement with the California Department of Fish and Game shall be
obtained and submitted to the City Engineer.
25. Provide drainage facilities to remove the flood hazard and dedicate and show
necessary easements and/or rights of way on the final map to the satisfaction of
City Engineer.
26. Identify any flood hazard locations on the final map and delineate the areas
subject to flood hazard. Dedicate to the City the right to restrict the erection of
buildings in the flood hazard areas.
27. A permit from the County Flood Control District is required for work within its
right-of-way.
28. A final drainage study and final drainage plans in a 24"x36" sheet format shall
be submitted to and approved by the City Engineer prior to final map approval.
All drainage facilities shall be installed as required by the City Engineer and in
accordance with County of Los Angeles Standards for acceptance and disposal of
all related drainage.
29. Prior to finalization of any development phase, sufficient drain age improvements
shall be completed beyond the phase boundaries to assure secondary access and
drainage protection to the satisfaction of the City Engineer. Phase boundaries
shall correspond to lot lines shown on the final map.
STREETS
30. Applicant shall submit to the City Engineer the total cost estimate for bonding
purposes of all public improvements, prior to approval of the final. map.
31. New centerline ties shall be submitted to the City Engineer for approval in
accordance with City Standards, prior to issuance of building permits.
5
33. Street improvement plans in a 24"06" sheet format, prepared by a registered
Civil Engineer, shall be submitted to and approved by the City Engineer.
Security shall be posted and an agreement executed guaranteeing completion of
the public and/or private street improvements, prior to final map approval.
33. Prior to any work being performed in public right-of-way, fees shall be paid and
a construction permit shall be obtained from the City Engineer's Office in
addition to any other permits required.
34. No street shall exceed a maximum slope of 12% unless approved by the City
Engineer.
35. Construct base and pavement on all streets in accordance with soils report
prepared by a qualified and registered engineer and approved by the City
Engineer or as otherwise directed by the City Engineer.
36. Vehicular access must be provided to all "Urban Pollutant Basins" with a
minimum width of 15 feet, with 12 feet of pavement and with a maximum slope
no greater than 15% unless otherwise approved the City Engineer.
37. Prior to final map approval, Applicant shall dedicate and improve to the ultimate
right-of-way off Brea Canyon road along the tentative map frontage, and shall
dedicate and improve to the ultimate right-of-way off Brea Canyon Road outside
the Tentative Map boundary between Glenbrook and Pathfinder, including, but
not limited to undergrounding of existing overhead utilities, all in accordance with
City Standards. Applicant shall enter into a reimbursement agreement with City
for reimbursement of advanced costs from development of property benefitting
from the dedications and improvements required herein.
38. Applicant shall pay the pro -rated amount of $73,600, or shall construct subject
to reimbursement signal improvements at Pathfinder and Brea Canyon Road prior
to final map approval or within 12 months of the approval of the Tentative Tract
Map whichever occurs first. The City may fund the said improvement, and such
funding will be reimbursed to the,City by applicant as defined above.
39. Fund 46% of other signal improvements required pursuant to the approved EIR
prior to approval of the final map.
40. Label any private drives or fire lanes and delineate on the final map to the
satisfaction of the City.
41. Construct drainage improvements and offer easements needed for street and slope
drainage as required by the City Engineer prior to recordation of the final map.
42. Construct full width sidewalks throughout the tract per City standards and as
approved by the City Engineer.
43. Provide and install street name signs to the satisfaction of the City Engineer prior
to issuance of a certificate of occupancy.
44. All utility lines shall be underground per Section 21.24.400 of Title 21 of the
City Codes in and adjoining the frontage of the proposed Tentative Tract Map.
45. Dedicate slope easements along Brea Canyon Road in favor of the City as
required by the City Engineer, prior to approval or recordation of the final map.
The dedicated slope easements shall be placed in a landscape and lighting district,
as directed by the City Engineer.
46. Construct curb and gutters per City standards subject to approval by the City
Engineer.
47. Construct wheelchair ramps at all corners and all intersections pursuant to City
Standards or as may be required by the City Engineer.
48. Provide street lights as required pursuant to City standards and as approved by
the City Engineer. The street lights shall be placed in a landscape and lighting
district, as directed by the City Engineer.
49. Traffic improvement plans prepared by a registered Traffic Engineer in a 241fx36"
sheet format shall be submitted to and approved by the City Engineer. Security
shall be posted and agreement executed guaranteeing completion of improvements
prior to final map approval.
50. Intersection line of sight designs shall be submitted to the City for approval as
may be required by the City Engineer.
51. The. Applicant shall prepare traffic control signing and striping plans in
accordance with City requirements prior to approval of the final map.
52. Secondary street access must be provided as approved by the City Engineer. Said
access shall be improved across enclave 4 (the commercial site) to Brea Canyon
Road until such time that enclave 4 is improved with its temporary access.
SEWER/WATER
53. Prior to final map approval the subdivider shall submit an area study to the City
-- Engineer to determine whether capacity is available in the sewerage system to be
used as the outlet for the sewers in this land division. if the system is found to
7
be of insufficient capacity, the problem must be resolved to the satisfaction of the
City Engineer.
54. Each dwelling unit shall be served by a separate sewer lateral which shall not
cross any other lot lines. The sanitary sewer system serving the tract shall be
connected to the City or District sewer system. Said system shall be of the size,
grade and depth approved by the City Engineer, County Sanitation District and
Los Angeles County Public Works Department, prior to approval of the final
map.
55. The Applicant shall obtain connection permit(s) from the City, Los Angeles
County Public Works and County Sanitation District. The subdivision shall be
annexed into the County Consolidated Sewer maintenance District and appropriate
easements for all sewer main and trunk lines must be offered for dedication and
accepted by the County of Los Angeles Public Works Department, prior to
approval of the final map.
56. The Applicant, at Applicant's sole cost and expense, shall construct the sewer
system in accordance with the City, Los Angeles County Public Works
Department and County Sanitation District Standards.
57. Prior to final map approval a water system with appurtenant facilities to serve all
lots/parcels in the land division designed to Walnut Valley Water District
specifications, must be provided and approved by the City Engineer. The system
shall include fire hydrants of the type and location as determined by the Los
Angeles County Fire Department. The water mains shall be sized to
accommodate the total domestic and fire flows to the satisfaction of the City
Engineer.
58: Prior to final map approval, the applicant shall construct, or enter into an
improvement agreement guaranteeing construction of the necessary improvements
to the existing water system according to Walnut Valley Water District
specifications to accommodate the total domestic and fire flows as may be
required by the City Engineer.
59. Provide separate underground utility services to each parcel, including water, gas,
electric power, telephone and cable TV, in accordance with the respective utility
company standards. Easements required by the utility companies shall require
approval by the City Engineer.
- 60. Applicant shall relocate and underground any new or existing on-site utilities as
necessary and to the satisfaction of the City Engineer.
8
61. Prior to submittal of the final map, written certifications from Walnut Valley
Water District, GRE, SCE, SCG and Jones Intercable stating that adequate
facilities are or will be available to serve the proposed project shall be submitted
to the City.
62. Based on a determination by the City Engineer, the City reserves the right to
require the applicant to install main and service lines capable of delivery of
reclaimed water to all portions of the Tract, prior to final map approval. The
system shall be designed to permit "switch over" of nondomestic services on each
lot at time of availability of reclaimed water, all to the satisfaction of the City
Engineer and designed to the specifications of the Walnut Valley Water District.
D. COMMUNITY DEVELOPMENT DEPARTMENT REQUIREMENTS:
1. The site shall be developed and maintained in accordance with the approved
Vesting Tentative Tract Map and plans approved by the Planning Commission,
as revised by these conditions of approval.
2. Prior to the recordation of the final map the applicant shall pay any park in -lieu
fee, or dedicate park land to the City's satisfaction.
3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00
a.m. to 5:00 p.m., Monday through Saturday, except that interior building
construction activities shall not be limited. All construction equipment shall be
properly muffled to reduce noise levels. Transportation of equipment and
materials and operation of heavy grading equipment shall also be limited to the
hours of 8:00 a.m. to 5:00, Monday through Saturday. All equipment staging
areas shall be sited on the subject property. Dust generated by construction
activities shall be reduced by watering the soil prior to and during grading
activities. Use of reclaimed water shall be used whenever possible.
4. All lots shall provide a minimum pad size of 6,000 square feet.
5. Applicant shall pay development fees (including, but not limited to, planning,
building and school fees) at the established rates prior to issuance of building
permits.
6. Applicant shall prepare and submit to the Director of Community Development
for approval prior to the sale of the first lot of the subdivision, a "Buyer
Awareness Package" which shall include, but not be limited to, information
pertaining to geologic issues regarding the property and oak tree preservation
issues, explanatory information pertaining to restrictions on use of properties as
necessary and similar related matters. Applicant shall institute a program to
include delivery of a copy of said "Buyer Awareness Package" to each
9
prospective purchaser and shall keep on file in the office of Applicant a receipt
signed by each such prospective purchaser indicating that the prospective
purchaser has received and read the information contained within the "Buyer
Awareness Package. "
7. Prior to the issuance of building permits the variety of materials and colors to be
used on the exteriors of residential structures shall be approved in form and color
by the Community Development Director.
8. Prior to any occupancy permit being granted, these conditions and all
improvements shall be completed to the satisfaction of the City.
9. The use authorized by this approval shall be commenced or construction
necessary and incidental thereto shall be started on or before the time limit
specified herein and thereafter diligently advanced on or before the (2) second
year after the expiration of the appeal period.
10. Applicant shall pay all remaining prorated City project review and processing fees
prior to recordation of the tract map as required by the Community Development
Director.
E. RESOURCE MANAGEMENT PLAN REQUIREMENTS
1. As a means of mitigating potential environmental impacts, the applicant shall
suspend construction in the vicinity of a cultural resource encountered during
development of the site, and leave the resource in place until a qualified
archaeologist can examine them and determine appropriate mitigation measures.
The applicant shall comply with mitigation measures recommended by the
archaeologist and approved by the Director of Community Development.
Upon initiation of grading activities, a paleontological grading observation
schedule by a Certified Paleontologist shall be maintained when grading in
bedrock units to further evaluate the fossil resources of the site. Salvage
operations shall be initiated and coordinated with the project applicants if
significant concentrations of fossils are encountered.
2. Plant street trees as directed and approved by the City Engineer.
3. No underground utilities shall be constructed within the drip line of any mature
tree preserved on-site except as approved by a registered arborist.
4. The mitigation monitoring program contained in the EIR and approved by the
City shall be implemented and rigorously complied with. Applicant shall deposit
and maintain with the City, a fund in such amounts required by the Director of
Community Development to defray the cost of implementation and monitoring by
City staff and consultants retained by City.
5. A detailed landscape and irrigation plan, include slope planting and model home
landscaping, shall be prepared by a licensed landscape architect and submitted for
City review and approval prior to approval of the final map. Fence details, tree
staking, soil preparation, planting details and an automatic irrigation system and
the incorporation of xerotropic landscaping shall be incorporated wherever
feasible. The Applicant shall pay all processing fees associated with plan review.
6. All terrace drains and drainage channels shall be constructed in muted earth tones
so as to not impart adverse visual impacts. Terrace drains shall follow land form
- slope configuration and shall not be placed in exposed positions. All down drains
shall be hidden in swales diagonally or curvilinear across a slope face.
7. Prior to issuance of occupancy permits all oak trees to be replaced shall be
replaced at the ratios, locations and palette mix specified in EIR SCH 91081040.
8. Existing trees required to be preserved in place shall be protected with a
construction barrier in accordance with the Los Angeles County Code and so
noted on the grading plans. The location of those trees to be preserved in place
and new locations for transplanted trees shall be shown on the detailed landscape
plans.
9. Replacement oak trees at a 2:1 ratio shall consist of the following mix of sizes:
a. 5 % seedlings
- b. 15 % 15 -gallon
C. 50% 24" box
d. 15 % 36" box
e. 10% 48" box
f. 5 % 60" box
10. Prior to grading, seed collections shall be made from many of the native species
on-site, concentrating on areas to be impacted by the project. These seeds shall
be propagated and their offspring, in seed or container plant form, shall be used
in the revegetation program. Seeds of species in short supply on-site shall be
increased prior to planting and/or all seeds shall be grown in containers for
_ planting on-site. Applicant shall provide proof of compliance with this Section
to City Engineer prior to grading and again, prior to issuance of any certificate
of occupancy.
11
11. Prior to the issuance of permits for site grading, eight (8) suitable oaks for
transplanting shall be selected, tagged and recommended to the City for relocation
by a qualified arborist. Selection criteria shall include access, health, structural
feasibility for transplantation and cost. In order to maintain wildlife food sources,
an effort will be made to select some specimens for transplanting marked to
indicate compass and slope orientation. Trees shall be boxed by a method which
minimizes shock and allows for the inclusion of the maximum feasible amount of
root hairs and associated soil. Indigenous mycorrhizae shall be included with the
root hairs and associated soil. Siting of 'transplanted oaks and detailed
transplanting methodology shall be coordinated by a qualified licensed arborist.
The number of oaks to be transplanted and their specific locations shall be
approved by the Community Development Director.
12. Prior to the issuance of grading permits the applicant shall obtain approval of a
Feral Pet Trapping Program by the Community Development Director. A feral
pet trapping program shall be administered by the Applicant during and after
construction. The feral pet trapping program shall provide for the trapping and
disposition of former domestic pets that have gone back to the wild, to the
specifications of the Los Angeles County Department of Animal Control.
13. Prior to approval of project landscape plan the applicant shall demonstrate that the
landscaping palette for the project emphasizes the use of drought tolerant, native
plant species with low water requirements adapted to the inland Southern
California climate. Also, plants used in landscaping shall include those which
provide nectar, fruit or seeds as food for native wildlife species. With the proper
selection and placement of native plants, the proposed development would retain
some of its natural value. Recommended plants for landscaping include:
Big -Leaf Maple
Acer macrophylla
Bigberry Manzanita
Arctostaphylos glauca
Coyote Brush
Baccharis pilularis
Ceanothus
Ceanothus spp.
Redbud
Cercis occidentalis
Toyon
Heteromeles arbutifolia
Honeysuckle
Lonicera spp.
California Sycamore
Platanus racemose
Holly -leaved Cherry
Prunus ilicifolia
California Coffeeberry
Rhamnus californica
Holly -leaved Redberry
Rhamnus ilicifolia
- Sugarbush
Rhus ovata
Chaparral Currant
Ribes malvaceum
Our Lord's Candle
Yucca whipplei
- California -Fuchsia
Zauschneria californica
r
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14. The project applicant shall comply with all requirements of the City of Diamond
Bar oak tree removal ordinance except where otherwise provided in the adopted
Development Agreement.
15. In compliance with Section 3503.5 of the California Fish and Game Code, a
qualified biologist shall determine the presence of any raptor nests prior to or
concurrent with grading activities, the project applicant(s) shall contact the
California Department of Fish and Game, shall obtain and comply with all
appropriate procedures relative to grading operations in proximity to those
nests,and shall provide verification of same to the City. Some of the resulting
-- mitigation measures may include: (1) modifying the design of utility poles, if
any, for the protection of raptors and other birds; (2) restricting construction
activities near raptor nesting sites during and immediately following the breeding
season; and (3) constructing artificial nesting platforms for raptors and other
birds.
16. Prior to issuance of building permits, if applicable, Los Angeles County Fire
Department requirements for development in a wildland fire area shall be
incorporated to reduce potential fire hazards. These
provisions include, but may not be limited to: (1) fire -resistive protection of
exterior walls/openings; (2) fire -retardant roof covering; (3) fire -resistive
construction for decks, balconies and support structures; and (4) chimney screens
installed on each chimney flue.
17. Project design and maintenance activities shall comply with brush clearance
programs administered by the Los Angeles County Fire Department.
18. Prior to the initiation of construction activities, the project applicant(s) shall
submit and the County Forester and Fire Warden shall approve a fire hazard
reduction/fuel management plan to minimize brush fire hazards on-site. That plan
shall include, but may not be limited to: (1) use of fire retardant construction
materials; (2) brush clearance and maintenance activities within 100 feet
surrounding individual structures; (3) irrigated planting area with provisions for
maintenance activities; and (4) the provision and maintenance of fire breaks.
19. In order to limit the potential threat of wildland fires, low -fuel volume plants
shall be incorporated into the revegetative plan.
20. Prior to the issuance of grading permits, the project applicants shall review
development plans with the Los Angeles County Department of parks and
Recreation to facilitate implementation of the County's regional trail system.
Adequate provisions (e.g. trail dedication, signage) shall be provided to ensure
the dedication of any City or County ordinance required trail links.
13
21. Prior to the approval of the grading plan, the project applicant(s) shall submit a
safety plan to the City. Said safety plan shall identify appropriate measures to be
- undertaken during grading activities to minimize disruptions to school activities
and shall address potential health and safety considerations relative to pedestrian
activities in the project area.
22. Prior to the initiation of grading activities, and in accordance with the City's Oak
Tree Removal Ordinance and the adopted Development Agreement, a replacement
plan for the loss of existing oak trees shall be submitted by the project
applicant(s) and approved by the City.
23. Applicant should implement a biological resource removal program, prior to
grading, to allow persons to remove vegetation at their own expense.
F. APPLICABLE EIR MITIGATION MEASURES
(not addressed in subsections a, b, c or d)
The following conditions are EIR mitigation measures not covered by the tract conditions listed
in subsections a, b, c or d which apply to the project site.
1. All exterior lighting associated with proposed commercial/office uses to be
developed on-site shall be orientated to minimize light intrusion onto adjoining
residential areas.
2. All grading, earthwork and associated development activities shall be designed
and conducted in accordance with applicable City and County standards and shall
conform with recommendations contained in the Preliminary Soils Engineering
Investigation for Tentative Tract no. 32400, County of Los Angeles (Petra
Geotechnical, Inc., October 18, 1988), Geotechnical Feasibility Investigation for
80 Acre Development N/O Pathfinder Rd. and W/O Brea Canyon Rd. (RMA
Group, September 21, 1992) and such other geotechnical reports as may be
prepared for the site and/or required by the City and County.
3. The project applicant shall be financially responsible for the following items: (1)
the construction or advancement of funds for the construction of any required on-
site drainage improvements as contained in the Master Plan of Drainage Facilities
approved by the City Engineer and County Engineer of Los Angeles County; (2)
the construction of in -tract and off-site storm drain system improvements; (3)
prorated mitigation fees of contributed flows and/or (4) any permits or other
assessments imposed by the County Engineer.
4. Drainage shall be disposed of in a manner satisfactory to the City Engineer and
County Engineer of Los Angeles County. The design and installation of project
14
drainage facilities shall be in accordance with the flow criteria, design standards
and construction requirements of both the Los Angeles County Department of
Public Works and the City of Diamond Bar.
Prior to the approval of the final tract map(s), a special maintenance district or
other funding mechanism acceptable to and approved by the city and/or County
Engineer shall be established for the maintenance of on-site storm drainage
facilities. Terrace and down drain will be part of the Landscape and Lighting
District. The main drainage system shall be accepted into the Los Angeles
County or City of Diamond Bar maintenance District.
6. Prior to the initiation of grading operations, the project applicant(s) shall obtain
all applicable construction, stormwater and NPDES permits as may be required
by the City, the County of Los Angeles and the California Regional Water
Quality Control Board for the discharge of urban pollutants.
- 7. Prior to final map approval, Brea Canyon Road shall be constructed to the
planned four -lane cross-section between Colima Road and Pathfinder Road. Plus,
left -turn -lanes shall be provided at each of the three project access points along
Brea Canyon Road. The location of the three new project access points along
Brea Canyon Road shall be designed to provide adequate sight distance. Care
shall be taken that the future grades and landscaping adjacent to these
intersections, as well as all internal project intersections, do not obstruct the
necessary line -of -sight. Applicant shall provide those dedications and
improvements, and be subject to pro -rated reimbursement, in accordance with
Condition No. 38 of the Conditions of Approval.
8. With the development of the site plan for both the retail and residential
components of the project, a traffic signal warrant shall be conducted to
determine if a traffic signal is required. Signals shall be installed by developer
at both collector road entrances off Brea Canyon road. Applicant shall pay 46%
of the total cost of such signalization.
9. Prior to the issuance of grading permits the applicant shall illustrate to the
satisfaction of the City Engineer how the following mitigation measures
recommended by either the City or the South Coast Air Quality Management
District to minimize air quality impacts during the construction phase of the
proposed project have been incorporated into project construction guidelines:
a. Apply approved chemical soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded areas
inactive for four days or more).
b. Replace ground cover in disturbed areas per City specifications.
15
C. Enclose, cover, water twice daily, or apply approved soil binders,
according to manufacturers' specifications, to exposed stockpiles (i.e.,
gravel, sand, dirt).
d. Water active sites at least twice daily.
e. Suspend all excavating and grading operations when wind speeds (as
instantaneous gusts) exceed 25 miles per hour (mph).
f. Monitor for particulate emissions according to South Coast Air Quality
Management District specified procedures: For information call (714)
369-3600.
g. In field trailers, use portable air conditioning units with non -diesel.
h. Sweep streets at the end of day if any visible soil material is carried over
to adjacent thoroughfares (recommend water sweepers which use
reclaimed water).
i. The City may require that gravel be used in unpaved areas utilized as
either construction roads or staging areas for construction equipment.
j. Apply water twice daily for chemical soil stabilizers according to
manufacturers' specifications to all unpaved parking or staging areas and
unpaved road surfaces, if required for dust control.
k. Install wheel washers where vehicles exit unpaved roads onto paved roads,
or wash off trucks and any equipment leaving the site every trip in
designated areas on the site.
1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or
less.
in. All trucks hauling dirt, sand, soil or other loose materials are to be
covered and should maintain at least six inches of freeboard (i.e.,
minimum required space between top of the load and top of the trailer;
based upon a level load.
n. Pave construction roads that have a traffic volume of more than 50 daily
trips by construction equipment, 150 total daily trips for all vehicles, for
12 consecutive days.
o. Pave all construction access roads at least 100 feet onto the site from the
main road.
P. Use methanol or low -sulfur pile drivers.
q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule
431.2.
r. Suspend use of all construction equipment operations during second stage
smog alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange
Counties) or (800) 367-4710 (San Bernardino and Riverside Counties).
S. Use construction equipment that has catalytic convertors (for gasoline
powered equipment).
t. Prevent trucks from idling longer than two minutes.
U. Configure construction parking to minimize traffic interference.
16
V. Provide temporary traffic control during all phases of construction
activities to improve traffic flow such as providing a flag person to direct
traffic and ensure safe movements off the site as directed by the City
Engineer.
W. Schedule construction activities that affect traffic flow to off-peak hours
(i.e., between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00
PM) with approval from the City.
10. The following mitigation measures are recommended by the SCAQMD to
minimize long-term emissions associated with the project:
-- a. Use solar or low -emission water heaters.
b. Use Central water heating systems.
C. Use built-in energy efficient appliances.
- d. Building and subdivision orientation should be to the north for natural
cooling.
e. Provide shade trees to reduce building heat.
f. Use energy efficient and automated controls for air conditioners.
g. Use double -glass paned windows.
h. Commercial Site: Implement on-site circulation plan in parking lots to
reduce vehicle queuing.
i. Commercial Site: Improve traffic flow at drive-throughs by designing
separate windows for different functions and providing temporary parking
for orders that are not immediately ready for pickup.
j. Commercial Site: provide adequate ventilation systems for enclosed
parking facilities.
k. Commercial Site: Use lighting controls and energy efficient lighting.
1. Commercial Site: Provide preferential parking spaces for carpools and
vanpools and follow other guidelines as defined in the City's
transportation demand management (TDM) plan.
in. The applicant for the commercial enclave shall develop and submit for the
Community Development Director's review and approval, a trip reduction
program.
11. Construction and maintenance activities, including the repair and maintenance of
equipment, shall conform to and comply with applicable provisions of the City
of Diamond Bar's Noise Ordinance.
12. When feasible, construction equipment shall be stored on-site to eliminate and/or
reduce heavy -equipment truck trips.
13. Prior to the issuance of occupancy permits for residential Lot Nos. 34 through
42, inclusively within Tentative Tract No. 32400, the project applicant(s) shall
- construct a suitable noise barrier for those properties effectively attenuating traffic
noise to levels in compliance with City noise standards. Compliance shall be
17
based upon the City's acceptance of a subsequent noise study for those properties
and implementation of those measures deemed appropriate by the City Engineer.
14. Prior to the issuance of building permits for the project's commercial/office
component, an acoustical analysis shall be prepared to assess project compliance
with municipal noise standards. Should noise levels exceed established criteria,
appropriate actions shall be taken to minimize noise impacts upon site users.
15. Prior to the issuance of building permits, the Los Angeles County Sheriffs
Department shall be provided by the City the opportunity to review and comment
upon any commercial building plans: (1) to facilitate emergency access; (2) to
assure the consideration of design strategies which facilitate public safety and
police surveillance; and (3) to offer design recommendations to reduce potential
demands upon police services.
16. Prior to the issuance of commercial building permits, the California Highway
Patrol shall be provided, by the City, the opportunity to review building plans for
the project's commercial/office area to assist in ascertaining overall staffing
allocations for the area and commenting on the security and access components
of the design plan(s).
17. Project security features which shall be incorporated into the final design may
include: (1) residential dwelling unit and commercial building orientation which
facilitates "neighborhood involvement" activities; (2) exterior security lighting;
(3) well-designed access for police patrols to provide optimum observations; and
(4) illuminated street addresses to ensure visibility from the street for better patrol
observation.
18. The project applicant(s) shall include in a Buyer Awareness package, the
availability of participation in neighborhood involvement programs established by
the Los Angeles County Sheriffs Department to increase community awareness
and, thereby, help reduce potential crime occurrences in the City.
19. Parking areas which may be associated with recreational and commercial/office
land uses within the project site shall be illuminated at night to the satisfaction of
the City Engineer and shall allow for unobstructed visibility.
20. Prior to final tract map approval, the project applicant(s) shall submit a sewer
study to both the County and City Engineer identifying project wastewater flow
and tributary flow to the existing County trunk and local sewer lines. This study
shall identify: (1) the location, phasing, bonding and details of any proposed
sewer facilities and improvements by street configuration, lot layout and gravity
flow; (2) any current capacity shortfalls of the County trunk and/or City sewer
lines; and (3) specific design recommendations to provide additional lines or
sizing upgrade, if required.
21. The project applicant(s) shall convey access and property easement and rights-of-
way to the County Sanitation Districts of Los Angeles County, as deemed
necessary by the County and City Engineers, for the construction and
maintenance of sewer lines and associated facilities, prior to final map approval.
22. The project applicant(s) shall contribute an equitable share of cost, as established
by the City, to fund improvements to the area's main lines, pumping stations, etc.
required as a result of project development, prior to final map approval.
23. The project applicant(s) shall provide to the County Sanitation Districts of Los
Angeles County information regarding the construction and/or building schedule
of the project so that the timing of the County Sanitation Districts' expansion may
be coordinated with the project increase in demand.
24. In order to minimize the impact of project development on the County's solid
waste disposal system and to facilitate the attainment of source reduction
standards for the City of Diamond Bar as contained in the California Integrated
Solid Waste management Act of 1989, the project applicant(s) shall: (1) consult
with the City of Diamond Bar, the County Sanitation Districts of Los Angeles
County and the Los Angeles County Department of Public Works regarding
implementation of technologies to reduce and recycle solid waste both during
construction and after completion of the project; and (2) consult with the current
refuse removal collection company(ies) regarding design standards for access to,
location and construction of trash container enclosures in order to facilitate
implementation of automated refuse collection.
25. Trash bins and barrel recycling enclosures shall be provided and maintained in
commercial locations acceptable to the City of Diamond Bar. Such information
shall be specifically shown on the plans submitted for building permits.
26. Prior to issuance of building permits for the project's commercial/office
component, a solid waste management plan identifying waste type, amount and
final destination of all inert materials diverted or recycled, shall be, submitted to
- and accepted by the City of Diamond Bar.
27. The project applicant(s) or subsequent homeowners' association(s) shall comply
with those source reduction and recycling and composting requirements as may
be adopted by the City of Diamond Bar in accordance with Assembly Bill 939.
28. The project applicant(s) through the Buyer Awareness program, shall encourage
the segregation of green wastes for reuse as specified under the City's Source
19
Reduction Recycling Element and County Sanitation Districts waste diversion
policies.
29. Grading activities anticipated to occur within and adjoining the South Pointe
Middle School site shall be coordinated with the Walnut Valley Unified School
District to minimize disruptions to current school operations.
30. Applicant shall comply with the mitigation monitoring program to implement the
required EIR mitigation measures.
A:ARCI-EXB.62
we
RESOLUTION NO. PC 93-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECONMIENDING TO THE CITY COUNCIL CERTIFICATION
OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND
APPROVAL OF THE SOUTH POINTE DEVELOPMENT AGREEMENT FOR
ARCIERO AND SONS, INC., INCLUDING THE SOUTH POINTE MASTER
PLAN, HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT AND OAK
- TREE PERMIT ASSOCIATED WITH THE DEVELOPMENT OF THE SOUTH
POINTE MASTER PLAN AND VESTING TENTATIVE TRACT MAP NO. 32400P
LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER
ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals
(i) Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807; (the
"Applicant'' hereinafter), has heretofore filed an application for approval
of a Development Agreement including the South Pointe Master Plan,
Hillside Management Ordinance Conditional Use Permit for land form
modifications and Oak Tree Removal Permit involving the removal of 276
coast live oaks with replacement both on and off the project site as
described in the title of this Resolution. Hereinafter in. this Resolution,
the subject Development Agreement shall be referred to as the
"Application".
On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application,
within the City of Diamond Bar.
As a component of the South Pointe Master Plan the application has been
processed in accordance with Ordinance No. 4 (1992) of the City of
Diamond Bar.
(iv) The California Government Code authorizes cities to enter into binding
development agreements with persons having legal or equitable interests
in real property for the development of such property.
(v) As established in the January 25, 1993, Staff Report the South Pointe
Master Plan including this Tentative Tract, is consistent with the Hillside
Management Ordinance. Staff Report Section III F, Compliance with
Hillside Ordinance, provides an application analysis illustrating conformity
with the specific guidelines and/or standards contained within the Hillside
Ordinance. The Conditional Use Permit for the Hillside Ordinance is
- granted pursuant to this Development Agreement.
(vi) As identified as a mitigation measure in the EIR, (Biological Resources)
prior to initiation of grading activities, the project applicant(s) shall obtain
an Oak Tree Permit in accordance with Part 16, Chapter 22.56 of Title 22
of the Los Angeles County Code. This Oak Tree permit is granted
pursuant to this Development Agreement.
(vii) On October 26, 1992, January 25, February 8, February 22, February 25,
March 22, April 12, April 26, April 29 and May 10, 1993, the Planning
Commission of the City of Diamond Bar conducted a duly noticed public
hearing on the subject matter of the Application.
(viii) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds, and based thereon, recommends
that the City Council so certify that Environmental Impact Report No. 92-
1 (SCH92081040) has been prepared for this project in compliance with
the California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder and further that said Environmental
Impact Report No. 93-1(SCH92081040) reflects the independent judgment
of the. City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines and
recommends that the City Council so find and determine, based on the
findings set forth below, that changes and alterations have been required
2
in or incorporated into and conditioned upon the project specified in the
application, which mitigate or avoid significant adverse environmental
impacts identified in said Environmental Impact Report No. SCH
92081040 except as to those effects which are identified and made the
subject of a Statement of Overriding Considerations which this Planning
Commission finds are clearly outweighed by the economic, social and
other benefits of the proposed project, as more fully set forth in the
- Statement of Overriding Considerations.
4. The Planning Commission hereby recommends that the City Council adopt
the Findings, Facts in Support of Findings, and the Statement of
Overriding Considerations attached hereto as Exhibit "A" and hereby
incorporated by reference.
5. The applicant shall make payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The hillside management ordinance conditional use permit is required by
Section 18 of the City of Diamond Bar Hillside Management Ordinance.
7. Based on substantial evidence presented to this Commission during the
above -referenced public hearing, including written and oral staff reports,
public testimony and the record of the Application, this Planning
Commission hereby specifically finds as follows:
(a) The Application applies to a parcel located within the South Pointe
Master Plan area generally described as being situated west of the
Orange (SR -57) Freeway and Brea Canyon Road, east of the
corporate boundaries of the City (Tract 27141) and Morning Sun
-- Avenue, north of Pathfinder Road and the adjacent existing
residential area (Tract 32576) and south of existing residential and
vacant land located southerly of Colima Road.
(b) Surrounding properties' General Plan and land use designations
are:
East: SR 57 Freeway/Brea Canyon Road;
South: RL OS/Single Family Res., Open Space;
West: RLM/Single Family Res.;
North: RLM/Single Family Res.
(c) The Application is for a Development Agreement with a Master
Plan (Exhibit "C"), Hillside Management Ordinance Permit and
Oak Tree Removal Permit and is compatible with the objectives,
- policies and programs specified because the parcels and land uses
proposed by the agreement are consistent with enclave
designations, statistical analysis and development standards
- contained within the South Pointe Master Plan. The Application
is for one of three Oak Tree Removal Permits within the South
Pointe Master Plan area involving the removal of 276 Coast Live
Oak Trees 3 inches or more in diameter at a height of five foot,
preservation of 57 Coast Live Oak Trees on the project site and
replacement of removed trees at a 2:1 ratio or 552 oak trees both
on and off the South Pointe Master Plan site.
(d) The site is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Department of Public Works of the County
of Los Angeles.
(e) The design of the project and of the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
biological resources, a Statement of Overriding Considerations has
been adopted on those unavoidable impacts.
(f) The permitted improvements will not cause serious public health
problems, since sewage disposal, storm drainage, public services
and geological and soils factors are addressed in the Vesting
Tentative Tract conditions of approval filed concurrently with this
project.
(g) The City of Diamond Bar has adopted rules and procedures and
requirements for consideration of development agreements.
(h) The property owner(s) have requested the City of Diamond Bar to
consider entering into a development agreement and proceedings
have been taken into accordance with the rules and regulations.
(i) The South Pointe Master Plan area is proposed to be developed as
a planned community containing 202 single family homes, 290,000
square feet of commercial office use, a school, open space and
:1
park land and public roadways. Vesting Tentative Tract No.
32400 involves the development of 91 single family residential
dwelling units and 2 commercial parcels. The agreement also
provides for the provision of necessary infrastructure and public
services to the development and for the payment of fees to mitigate
the impacts of the development upon the City and its residents.
(j) The land uses contained within the South Pointe Master Plan,
residential, office/commercial and park and open space are
permitted in the zone and comply with all applicable provisions of
the City of Diamond Bar Municipal Code. In addition, the land
uses, subdivision design and subsequent grading are compatible
with the surrounding built environment and are consistent with the
goals and policies of the Hillside Management Ordinance as
discussed in the January 25, 1993, staff report Section III F.
(k) The proposed development and grading plan will not impair the
integrity and character of the zone in which they are to be located
because the development proposal includes similar standards to
those existing in adjacent neighborhoods and includes an excess
of park and open space lands.
(1) Adoption of the requested development agreement would further
the legislative purposes of the State enabling act by encouraging
the provision of new housing.
(m) The agreement will also achieve a secondary benefit by providing
- receipt of additional revenue (sales tax, land transfer to City) to
the City of Diamond Bar thereby meeting Draft General Plan goals
relative to developing a fiscally solvent financially stable
community and providing excess park land thereby providing
infrastructure which supports development and planned growth.
(n) The development agreement is consistent with the terms and
conditions of Vesting Tentative Tract No. 32400.
(o) The agreement makes provision for periodic review of its
implementation and includes the contents required by Government
Code Section 65865.2 relative to duration of the agreement, the
density and intensity of use and the maximum height and size of
Proposed buildings and provisions for the dedication of land for
public purposes.
5
(p) That the proposed development agreement is consistent with the
public convenience, general welfare and good land -use practice,
making it in the public interest to enter into the development
agreement with the applicant; and,
(v The proposed development agreement will not:
Adversely affect the health, peace, comfort or welfare of
persons residing or working in the surrounding area; or,
2. Be materially detrimental to the use, enjoyment or
valuation of property of other persons located in the
vicinity of the site; or,
3. Jeopardize, endanger or otherwise constitute a menace to
the public health, safety or general welfare.
8. Based upon substantial evidence presented to this Planning Commission
during the above -referenced public hearing and upon the specific findings
of fact set forth above, pursuant to the provisions of California
Government Code 65360, the Planning Commission hereby finds and
determines as follows:
(a) The action proposed has been processed in accordance with
provisions of Ordinance No. 4 (1992) of the City of Diamond Bar.
(b) The Application as proposed complies with all other applicable
requirements of State law and the City of Diamond Bar zoning and
subdivision ordinances.
9. Based on the findings and conclusions set forth herein, the Planning
Commission recommends that the City Council hereby approve the
Application subject to the conditions which are set forth in Exhibit "B"
hereto and are incorporated by reference.
10. The Planning Commission Secretary is hereby directed (a) to certify to the
adoption of this Resolution and, (b) forthwith transmit a certified copy of
this Resolution, by certified mail, return receipt requested, to the
applicant: Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA
92807.
C
Approved and adopted this the 24th day of May, 1993 by the Planning Commission of
the City of Diamond Bar.
BY: — f —
Bruce Flamenbaum, Chairman.
I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do
hereby certify that the foregoing Resolution was passed; adopted and approved at a
regular meeting of the Planning Commission of the City of Diamond Bar held on the
24th of May, 1993, by the following vote:
AYES: COMMISSIONERS: Flamenbaum, Meyer, Li &
Plunk
NOES: COMMISSIONERS: Grothe
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
ATTEST:
Ja es DeStefano, Secre
A:Arcdev.6.2
7
RESOLUTION NO. PC 93-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO CITY COUNCIL CERTIFICATION OF
ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND
APPROVAL OF VESTING TENTATIVE TRACT 51407 TO DEVELOP A 94 LOT
SUBDIVISION CONSISTING OF 90 SINGLE FAMILY RESIDENTIAL PARCELS,
1 OPEN SPACE/PARK PARCEL AND 3 COMMERCIAL PARCELS ON A 90.8
ACRE SITE LOCATED WITHIN THE SOUTH POINTE MASTER PLAN AREA
GENERALLY DESCRIBED AS BEING SITUATED WEST OF THE ORANGE
(SR -57) FREEWAY AND BREA CANYON ROAD, EAST OF THE CORPORATE
BOUNDARIES OF THE CITY (TRACT 27141) AND MORNING SUN AVENUE,
NORTH OF PATHFINDER ROAD AND THE ADJACENT EXISTING
RESIDENTIAL AREA (TRACT 32576) AND SOUTH OF EXISTING
RESIDENTIAL AND VACANT LAND LOCATED SOUTHERLY OF COLIMA
ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals
(i) R/N/P DEVELOPMENT INC., 4439 Rhodelia Drive Claremont,
California 91711 (the "Applicant" hereinafter), has heretofore filed an
application for approval of Vesting Tentative Tract Map No. 51407 as
described in the title of this Resolution. Hereinafter in this Resolution,
the subject Vesting Tentative Tract Map No. 51407 shall be referred to as
the "Application."
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application,
within the City of Diamond Bar.
As a component of the South Pointe Master Plan the application has been
Processed in accordance with Ordinance No. 4 (1992) of the City of
Diamond Bar.
(iv) On October 22, 1992, January 25 and February 8, February 22, February
25, March 22, April 12, April 26, April 29 and May 10, 1993, the
Planning Commission of the City of Diamond Bar conducted a duly
noticed public hearing on the subject matter of the Application.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resol tion
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
1. This Planning Commission hereby, specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds, and based thereon, recommends
the City Council so certify that Environmental Impact Report No. 92-1
(SCH92081040) has been prepared for this project in compliance with
California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder, the Planning Commission has
reviewed and considered the information contained in said Environmental
Impact Report No. 92-1 (SCH92081040) and that said Environmental
Impact Report reflects the independent judgment of the City of Diamond
Bar.
3. The Planning Commission hereby specifically finds and determines, and
recommends that the City Council so find and determine, based on the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project specified in the
Application, which mitigate or avoid significant adverse environmental
impacts identified in said Environmental Impact Report No. SCH
92081040, except as to those effects which are identified and made the
subject of a Statement of Overriding Considerations which this Planning
Commission finds are clearly outweighed by the economic, social and
other benefits of the proposed project, as more fully set forth in the
Statement of Overriding Considerations.
4. The Planning Commission hereby recommends that the City Council adopt
the Findings, Facts in Support of Findings, and the Statement- of
Overriding Considerations attached hereto as Exhibit "A" and hereby
incorporated by reference.
2
5. The Applicant shall make payment of any and all fees which the
-- Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The approval of this Vesting Tentative Tract Map No. 51407 is contingent
upon all other map and development agreement approvals associated with
this South Pointe Master Plan.
7. Based on substantial evidence presented to this Commission during the
above -referenced public hearings, including written and oral staff reports,
public testimony and the record of the Application, this Planning
Commission hereby specifically finds as follows:
(a) The Application applies to a parcel located within the South Pointe
Master Plan area generally described as being situated west of the
Orange (SR -57) Freeway and Brea Canyon Road, east of the
corporate boundaries of the City (Tract 27141) and Morning Sun
Avenue, north of Pathfinder Road and the adjacent existing
residential area (Tract 32576) and south of existing residential and
vacant land located southerly of Colima Road, consisting of 90.8
acres, and zoned RPD 10,000 6U.
(b) Surrounding properties' zoning and land use are:
East: Brea Canyon Road and SR 57 Freeway;
South: RPD 10,000 6U/Single Family Residential;
West: Los Angeles County/Single Family Residential;
North: R-1 15,000/developed with single family and school
(c) The Application is for an eighty-seven (94) lot subdivision to
construct 90 single family units, provide one lot for park and open
space uses and three lots for commercial development.
(d) As conditioned, the site is physically suitable for the type of
development proposed and has access to public highways and
streets. Further, the property shall be served by sanitary sewers,
provided with water supply and distribution facilities with
sufficient capacity to meet anticipated domestic and fire protection
needs and shall have geologic hazards and flood hazards mitigated
in accordance with the requirements of the Department of Public
Works of the County of Los Angeles.
- (e) As conditioned, the design of the subdivision and the proposed
improvements will not cause substantial environmental damage or
I
substantial and avoidable injury to fish or wildlife or to their
habitat, and while the proposed development will have a significant
adverse effect on biological resources, a Statement of Overriding
Considerations has been made on these unavoidable impacts.
(f) Neither the design of the subdivision nor the types of
improvements will cause serious public health problems, since
sewage disposal, storm drainage, public services and geological
and soils factors are addressed in the conditions of approval
appended hereto.
(g) The design of the subdivision provides, to the extent feasible, for
future passive or natural heating or cooling opportunities. The
design of the subdivision is based on the size and shape of the
parcel.
(h) The proposed subdivision does contain or front upon any public
waterway, river, stream, coastline, shoreline, lake or reservoir.
(i) The subdivision and development of the property in the manner set
forth on the map will not unreasonably interfere with the free and
complete exercise of public entity and/or public utility rights-of-
way and/or easements within the area covered by said map, since
the design and development as set forth in the conditions of
approval and on the tentative map provide adequate protection for
any such easements.
(j) The discharge of sewage from this subdivision into the public
sewer system will not violate requirements of the California
Regional Water Quality Control Board pursuant to Division 7
(Sections 13000, et seq.) of the California Water Code.
(k) The housing needs of the region have been considered and
balanced against the public service needs of local residents and
available fiscal and environmental resources.
8. Based upon substantial evidence presented to the Planning Commission
during the above -referenced public hearing, and upon the specific findings
of fact set forth above, pursuant to the provisions of Ordinance No. 4
(1992) of the City of Diamond Bar, the Planning Commission hereby
finds and determines as follows:
4
(a) The action proposed (Vesting Tentative Map) has been processed
in accordance with the provisions of Ordinance No. 4 (1992) of
the City of Diamond Bar.
(b) The Application as proposed and conditioned herein complies with
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, this Planning
Commission hereby recommends that the City Council approve the
Application subject to the following conditions which are set forth in
Exhibit "B" hereto and are incorporated by reference.
10 The Planning Commission Secretary is hereby directed (a) to certify to the
adoption of this Resolution and, (b) forthwith transmit a certified copy of
this Resolution, by certified mail, return receipt requested, to R/N/P
Development Inc., 4439 Rhodelia Drive, Claremont, California 91711.
Approved and adopted this the 24 day of May, 1993 by the Planning Commission of the
City od Diamond Bar.
BY:
Bruce Flamenbaum, Chairman
I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do
hereby certify that the foregoing Resolution was introduced, passed and adopted at a
regular meeting of the Planning Commission of the City of Diamond Bar held on the
24th day of May, 1993, by the following vote:
AYES: COMMISSIONERS: Flamenbaum, Meyer,
Li, Plunk
NOES: COMMISSIONERS: Grothe
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
11
ATTEST: l v6 ( �j
Jarr6d DeStefano, SecretIry
PLANNING COMMISSION RESOLUTION NO. 93-18
MAY 24, 1993
EXHIBIT "B"
CONDITIONS OF APPROVAL
A. GENERAL REQUIREMENTS:
1. This Approval of Tentative Tract Map No. 51407 shall not be effective for any
- purpose until a duly authorized representative of the applicant has filed with the
Community Development Department an Affidavit of Acceptance, thereby
accepting all the conditions of this approval, which Affidavit shall be filed within
- 15 days of the date of approval.
2. All requirements of this Resolution, project development agreement, the
applicable Zoning District, the City Codes, City departmental policies, rules and
regulations and applicable law, policies and regulations of any State, Federal or
local agency with jurisdiction thereof shall be complied with by the Applicant.
3. The applicant shall defend at applicant's sole expense any action brought against
the City, its agents, officers, or employees, because of the issuance of such map
approval, or in the alternative, shall relinquish such map approval. The applicant
shall reimburse the City, its agents, officers, or employees, for any court costs
and attorney's fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of its obligations under this
condition.
B. FIRE DEPARTMENT REQUIREMENTS:
1. Provide and locate water mains, fire hydrants and fire flows as required by Fire
_ Department and Fire Code.
2. Prior to recordation of a final map, emergency secondary access shall be provided
_ in accordance with Fire Protection District Standards and approved by the City
Engineer.
3. Fire Department access shall be extended to within 150 feet distance of any
portion of structure to be built and shown on the final map.
4. Access shall comply with Section 10.207 of the Fire Code (all weather access).
5. Driveways shall include, as necessary, turnarounds suitable for fire protection
equipment use and shown on the final map. Turnarounds shall be designed,
constructed and maintained to insure their integrity for Fire Department use.
6. All required fire hydrants shall be installed, tested and accepted prior to
construction of on-site improvements. Vehicular access must be provided and
maintained serviceable throughout construction.
7. All hydrants shall be brass or bronze and conform to current AWWA standard
AC503 or approved equal. All hydrants shall be installed a minimum of 25' from
a structure or protected by a two (2) hour fire wall for commercial structures.
C. ENGINEERING REQUIREMENTS:
GENERAL
1. Prior to approval and recordation of the final map, written certification from the
affected district, that adequate sewer and water facilities are or will be available
to serve the proposed project, shall be submitted to the City. Such letters must
have been issued by the district within ninety (90) days prior to final map
approval.
2. All easements existing prior to final map approval must be identified. If an
easement is blanket or indeterminate in nature, a statement to that effect must be
shown on the final map in lieu of its location.
3. A title report/guarantee showing all fee owners and interest holders must be
submitted when a final map is submitted for plan check. The account shall
remain open until the final map is filed with the County Recorder. An updated
title report/guarantee must be submitted ten (10) working days prior to final map
approval.
4. A landscape/lighting district(s) shall be formed per City requirements to finance
the maintenance and to maintain common open space area within the project site.
5. New boundary monuments shall be set in accordance with the State Subdivision
Map Act and subject to approval by the City Engineer.
6. If any required public improvements have not been completed by Applicant and
accepted by the City prior to the approval of the final map Applicant shall enter
into a subdivision agreement with the City and shall post the appropriate security.
7. All site grading, landscaping, irrigation, street improvement, sewer and storm
drain improvement plans shall be approved by the City Engineer prior to final
map approval.
8. Street names shall be submitted for City review and approval prior to approval
of the final map. Street names shall not duplicate existing streets within the City
of Diamond Bar's postal service zip code areas.
9. House numbering plans shall be approved by the City Engineer prior to issuance
of building permits.
10. The detail drawings and construction notes shown on the Vesting Map are
conceptual only and the approval of this map does not constitute approval of said
notes.
GRADING
- 11. Applicant shall submit to the City Engineer the total cost estimate for bonding
purposes of all grading, prior to approval of the final map.
12. The final grading plans shall be completed and approved prior to issuance of
building permits.
13. Final grading plans for each parcel are to be submitted to the Building and Safety
Division for approval prior to issuance of building or grading permits. (This may
be on an incremental or composite basis.)
14. Grading of the subject property shall be in accordance with the current Uniform
Building Code, City Grading Ordinance 14, and City's Hillside Management
Ordinance, as modified by the Project Development Agreement and acceptable
grading practices. The precise and final grading plan shall be in substantial
conformance with the grading plan approved as a material part of the Tentative
Map.
15. All landslide debris shall be completely removed prior to fill placement as
required by the final geotechnical report.
16. At the time of submittal of the 40 -scale grading plan for plan check, a detailed
soils and geology report shall be submitted in compliance with City guidelines to
the City Engineer for approval and said report shall be prepared by a qualified
engineer and/or geologist licensed by the State of California. The report shall
address, but not be limited to, the following:
(a) Soil remediation measures shall be designed for a "worst case" geologic
interpretation subject to verification in the field during grading.
(b) The extent of any remedial grading into natural area shall be clearly
defined on the grading plans.
3
(c) Areas of potential for debris flow shall be defined and proper remedial
measures implemented as approved by the City Engineer.
(d) Gross stability of all fill slopes shall be analyzed as part of the
geotechnical report, including
(e) Stability of all proposed slopes shall be confirmed by analysis as approved
by the City Engineer.
(f) All geologic data. including landslides and exploratory excavations must
- be shown on a consolidated geotechnical map using the 40 -scale final
grading plan as a base.
All geotechnical and soils related findings and recommendations must be reviewed and
approved by the City Engineer prior to issuance of any grading permits and recordation
of the final map. Applicant further agrees that the number of actual buildable lots may
be reduced by the City based upon the final findings and recommendations of the City's
geologist.
- 17. Grading plans shall be prepared in a 24" x 36" format and designed in
compliance with the recommendations of the final detailed soils and engineering
geology reports. All remedial earthwork specified in the final report shall be
incorporated into the plans.
18. Grading plan(s) must be signed and stamped by a registered Geotechnical
Engineer and registered Geologist.
19. All identified geologic hazards within the Tentative Tract boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the
final map as "Restricted Use Area". The subdivider shall dedicate to the City the
right to prohibit the erection of buildings or other structures within such restricted
use areas on the final map.
4
DRAINAGE
20. Surety shall be posted and an agreement executed guaranteeing completion of all
drainage facilities necessary for dewatering all parcels to the satisfaction of the
City Engineer prior to final map approval and prior to the issuance of grading
permits.
21. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map as approved by the City Engineer.
22. All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prior to issuance of building permits for
construction upon any parcel that may be subject to drainage flows enter, leaving,
or within a parcel relative to which a building permit is requested.
23. An erosion control plan shall be approved by the City Engineer prior to issuance
of grading permits.
24. Prior to placement of any dredged or fill material into any U. S. G. S. blue line
stream bed, a 404 permit shall be obtained from the Army Corps of Engineers
and an agreement with the California Department of Fish and Game shall be
obtained and submitted to the City Engineer.
25. Provide drainage facilities to remove the flood hazard and dedicate and show
necessary easements and/or rights of way on the final map to the satisfaction of
City Engineer.
26. Identify any flood hazard locations on the final map and delineate the areas
subject to flood hazard. Dedicate to the City the right to restrict the erection of
buildings in the flood hazard areas.
27. A permit from the County Flood Control District is required for work within its
right-of-way.
28. A final drainage study and final drainage plans in a 24"x36" sheet format shall
be submitted to and approved by the City Engineer prior to final map approval.
Alldrainage facilities shall be installed as required by the City Engineer and in
accordance with County of Los Angeles Standards for acceptance and disposal of
all related. drainage.
29. Prior to finalization of any development phase, sufficient drain age improvements
shall be completed beyond the phase boundaries to assure secondary access and
5
drainage protection to the satisfaction of the City Engineer. Phase boundaries
shall correspond to lot lines shown on the final map.
STREETS
30. Applicant shall submit to the City Engineer the total cost estimate for bonding
purposes of all public improvements, prior to approval of the final map.
31. New centerline ties shall be submitted to the City Engineer for approval in
_ accordance with City Standards, prior to issuance of building permits.
32. Street improvement plans in a 24"06" sheet format, prepared by a registered
Civil Engineer, shall be submitted to and approved by the City Engineer.
Security shall be posted and an agreement executed guaranteeing completion of
the public and/or private street improvements, prior to final map approval.
33. Prior to any work being performed in public right-of-way, fees shall be paid and
a construction permit shall be obtained from the City Engineer's Office in
addition to any other permits required.
34. No street shall exceed a maximum slope of 12% unless approved by the City
- Engineer.
35. Construct base and pavement on all streets in accordance with soils report
prepared by a qualified and registered engineer and approved by the City
Engineer or as otherwise directed by the City Engineer.
- 36. Vehicular access must be provided to all "Urban Pollutant Basins" with a
minimum width of 15 feet, with 12 feet of pavement and with a maximum slope
no greater than 15% unless otherwise approved the City Engineer.
37. Prior to final map approval, Applicant shall dedicate and improve to the ultimate
right-of-way off Brea Canyon road along the Tentative Map frontage, and shall
dedicate and improve to the ultimate right-of-way off Brea Canyon Road between
Glenbrook and Pathfinder, all in accordance with City Standards. Applicant shall
enter into a reimbursement agreement with City for reimbursement of advanced
costs from development of property benefitting from the dedications and
improvements required herein.
38. Applicant shall pay the pro -rated amount of $73,600, or shall construct subject
to reimbursement, signal improvements at Pathfinder and Brea Canyon Road prior
to final map approval or within 12 months of approval of the Tentative Tract Map
6
whichever occurs first. The City, may fund the said improvement, and such
funding will be reimbursed to the City by applicant as defined above.
39. Fund 46% other signal improvements required pursuant to the approved EIR prior
to approval of the final map.
40. Label any private drives or fire lanes and delineate on the final map to the
satisfaction of the City.
41. Construct drainage improvements and offer easements needed for street and slope
drainage as required by the City Engineer prior to recordation of the final map.
42. Construct full width sidewalks throughout the tract per City standards and as
approved by the City Engineer.
43. Provide and install street name signs to the satisfaction of the City Engineer prior
to issuance of a certificate of occupancy.
44. All utility lines shall be underground per Section 21.24.400 of Title 21 of the
- City Codes in and adjoining the frontage of the proposed Tentative Tract Map.
45. Dedicate slope easements along Brea Canyon Road in favor of the City as
- required by the City Engineer, prior to approval or recordation of the final map.
The dedicated slope easement shall be placed in a landscape and lighting district
as directed by the City Engineer.
46. Construct curb and gutters per City standards subject to approval by the City
Engineer.
47. Construct wheelchair ramps at all corners and all intersections pursuant to City
Standards or as may be required by the City Engineer.
48. Provide street lights as required pursuant to City standards and as approved by
the City Engineer. The street lights shall be placed in a landscape and lighting
district, as directed by the City Engineer.
49. Traffic improvement plans prepared by a registered Traffic Engineer in a 24"x36"
sheet format shall be submitted to and approved by the City Engineer. Security
shall be posted and agreement executed guaranteeing completion of improvements
prior to final map approval.
50. Intersection line of sight designs shall be submitted to the City for approval as
may be required by the City Engineer.
51. The Applicant shall prepare traffic control signing and striping plans in
accordance with City requirements prior to approval of the final map.
52. Secondary street access must be provided as approved by the City Engineer. Said
access shall be improved across enclave 4 (the commercial site) to Brea Canyon
Road until such time that the enclave 4 is improved with its temporary access."
SEWER/WATER
53. Prior to final map approval the subdivider shall submit an area study to the City
Engineer to determine whether capacity is available in the sewerage system to be
used as the outlet for the sewers in this land division. If the system is found to
be of insufficient capacity, the problem must be resolved to the satisfaction of the
City Engineer.
54. Each dwelling unit shall be served by a separate sewer lateral which shall not
cross any other lot lines. The sanitary sewer system serving the tract shall be
connected to the City or District sewer system. Said system shall be of the size,
- grade and depth approved by the City Engineer, County Sanitation District and
Los Angeles County Public Works Department, prior to approval of the final
map.
55. The Applicant shall obtain connection permit(s) from the City, Los Angeles
County Public Works and County Sanitation District. The subdivision shall be
annexed into the County Consolidated Sewer maintenance District and appropriate
easements for all sewer main and trunk lines must be offered for dedication and
accepted by the County of Los Angeles Public Works Department, prior to
approval of the final map.
56. The Applicant, at Applicant's sole cost and expense, shall construct the sewer
- system in accordance with the City, Los Angeles County Public Works
Department and County Sanitation District Standards.
57. Prior to final map approval a water system with appurtenant facilities to serve all
lots/parcels in the land division, designed to Walnut Valley. Water District
specifications, must be provided and approved by the City Engineer. The system
shall include fire hydrants of the type and location as determined by the Los
Angeles County Fire Department. The water mains shall be sized to
accommodate the total domestic and fire flows to the satisfaction of the City
Engineer.
58. Prior to final map approval, the applicant shall construct, or enter into an
improvement agreement guaranteeing construction of the necessary improvements
to the existing water system, according to Walnut Valley Water District
specifications, to accommodate the total domestic and fire flows as may be
required by the City Engineer.
8
59. Provide separate underground utility services to each parcel, including water, gas,
electric power, telephone and cable TV, in accordance with the respective utility
company standards. Easements required by the utility companies shall require
approval by the City Engineer.
60. Applicant shall relocate and underground any new or existing on-site utilities as
necessary and to the satisfaction of the City Engineer.
61. Prior to submittal of the final map, written certifications from Walnut Valley
Water District, GRE, SCE, SCG and Jones Intercable stating that adequate
facilities are or will be available to serve the proposed project shall be submitted
to the City and designed to the specifications of the Walnut Valley Water District.
62. Based on a determination by the City Engineer, the City reserves the right to
require the applicant to install main and service lines capable of delivery of
reclaimed water to all portions of the Tract, prior to final map approval. The
system shall be designed to permit "switch over" of nondomestic services on each
lot at time of availability of reclaimed water, all to the satisfaction of the City
Engineer.
- 63. Adjustments to lot lines of lots mutually agreed upon by the City Engineer and
applicants for Tract Nos. 51253 and 51407 shall be designated on each tentative
tract map and shall be recorded on each final map.
D. COMMUNITY DEVELOPMENT DEPARTMENT REQUII TS:
1. The site shall be developed and maintained in accordance with the approved
Vesting Tentative Tract Map and plans approved by the Planning Commission,
as revised by these conditions of approval.
2. Prior to the recordation of the final map the applicant shall pay any park in -lieu
fee, or dedicate park land to the City's satisfaction.
3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00
a.m. to 5:00 p.m., Monday through Saturday, except that interior building
construction activities shall not be limited. All construction equipment shall be
properly muffled to reduce noise levels. Transportation of equipment and
materials and operation of heavy grading equipment shall also be limited to the
hours of 8:00 a.m. to 5:00, Monday through Saturday. All equipment staging
areas shall be sited on the subject property. Dust generated by construction
activities shall be reduced by watering the soil prior to and during grading
activities. Use of reclaimed water shall be used whenever possible.
4. All lots shall provide a minimum pad size of 6,900 square feet.
9
5. Applicant shall pay development fees (including, but not limited to, planning,
- building and school fees) at the established rates prior to issuance of building
permits.
- 6. Applicant shall prepare and submit to the Director of Community Development
for approval prior to the sale of the first lot of the subdivision, a "Buyer
Awareness Package" which shall include, but not be limited to, information
- pertaining to geologic issues regarding the property and oak tree preservation
issues, explanatory information pertaining to restrictions on use of properties as
necessary and similar related matters. Applicant shall institute a program to
include delivery of a copy of said 'Buyer Awareness Package" to each
prospective purchaser and shall keep on file in the office of Applicant a receipt
signed by each such prospective purchaser indicating that the prospective
purchaser has received and read the information contained within the "Buyer
Awareness Package."
7. Prior to the issuance of building permits the variety of materials and colors to be
used on the exteriors of residential structures shall be approved in form and color
by the Community Development Director.
8. Prior to any occupancy permit being granted, these conditions and all
improvements shall be completed to the satisfaction of the City.
9. The use authorized by this approval shall be commenced or construction
necessary and incidental thereto shall be started on or before the time limit
specified herein and thereafter diligently advanced on or before the (2) year after
the expiration of the appeal period.
10. Applicant shall pay all remaining prorated City project review and processing fees
prior to recordation of the tract map as required by the Community Development
Director.
-- E. RESOURCE MANAGEMENT PLAN REQUIREMENTS
1. As a means of mitigating potential environmental impacts, the applicant shall
suspend construction in the vicinity of a cultural resource encountered during
development of the site, and leave the resource in place until a qualified
archaeologist can examine them and determine appropriate mitigation measures.
The applicant shall comply with mitigation measures recommended by the
archaeologist and approved by the Director of Community Development.
Upon initiation of grading activities, a paleontological grading observation
schedule by a Certified Paleontologist shall be maintained when grading in
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bedrock units to further evaluate the fossil resources of the site. Salvage
operations shall be initiated and coordinated with the project applicants if
significant concentrations of fossils are encountered.
2. Plant street trees as directed and approved by the City Engineer.
3. No underground utilities shall be constructed within the drip line of any mature
tree preserved on-site except as approved by a registered arborist.
4. The mitigation monitoring program contained in the EIR and approved by the
City shall be implemented and rigorously complied with. Applicant shall deposit
and maintain with the City, a fund in such amounts required by the Director of
Community Development to defray the cost of implementation and monitoring by
City staff and consultants retained by City.
5. A detailed landscape and irrigation plan, include slope planting and model home
landscaping, shall be prepared by a licensed landscape architect and submitted for
City review and approval prior to approval of the final map. Fence details, tree
staking, soil preparation, planting details and an automatic irrigation system and
the incorporation of xerotropic landscaping shall be incorporated wherever
feasible. The Applicant shall pay all processing fees associated with plan review.
6. All Terrace drains and drainage channels shall be constructed in muted earth
tones so as to not impart adverse visual impacts. Terrace drains shall follow land
form slope configuration and shall not be placed in exposed positions. All down
drains shall be hidden in swales diagonally or curvilinear across a slope face.
7. Prior to issuance of occupancy permits all oak trees to be replaced shall be
replaced at the ratios, locations and palette mix specified in EIR SCH 91081040.
8. Existing trees required to be preserved in place shall be protected with a
construction barrier in accordance with the Los Angeles County Code and so
noted on the grading plans. The location of those trees to be preserved in place
and new locations for transplanted trees shall be shown on the detailed landscape
plans.
9. Replacement oak trees at a 2:1 ratio shall consist of the following mix of sizes:
a.
5% seedlings
b.
15 % 15 -gallon
c.
50% 24" box
d.
15% 36" box
e.
10% 48" box
f.
5% 60" box
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10. Prior to grading, seed collections shall be made from many of the native species
- on-site, concentrating on areas to be impacted by the project. These seeds shall
be propagated and their offspring, in seed or container plant form, shall be used
in the revegetation program. Seeds of species in short supply on-site shall be
increased prior to planting and/or all seeds shall be grown in containers for
planting on-site. Applicant shall provide proof of compliance with this Section
to City Engineer, prior to grading and again, prior to issuance of any certificate
of occupancy.
11. Prior to the issuance of permits for site grading, eight (8) suitable oaks for
transplanting shall be selected, tagged and recommended to the City for relocation
by a qualified arborist. Selection criteria shall include access, health structural
feasibility for transplantation and cost. In order to maintain wildlife food sources,
an effort will be made to select some specimens for transplanting marked to
indicate compass and slope orientation. Trees shall be boxed by a method which
minimizes shock and allows for the inclusion of the maximum feasible amount h
root hairs and associated soil. Indigenous mycorrhizae shall be included with the
root hairs and associated soil. Siting of transplanted oaks and detailed
transplanting methodology shall be coordinated by a qualified licensed arborist.
The number of oaks to be transplanted and their specific locations shall be
approved by the Community Development Director.
12. Prior to the issuance of grading permits the applicant shall obtain approval of a
Feral Pet Trapping Program by the Community Development Director. A feral
pet trapping program shall be administered by the Applicant during and after
construction. The feral pet trapping program shall provide for the trapping and
disposition of former domestic pets that have gone back to the wild, to the
specifications of the Los Angeles County Department of Animal Control.
13. rior to approval of project landscape plan the applicant shall demonstrate that the
landscaping palette for the project emphasizes the use of drought tolerant, native
plant species with low water requirements adapted to the inland Southern
California climate. Also, plants used in landscaping shall include those which
provide nectar, fruit or seeds as food for native wildlife species. With the proper
selection and placement of native plants, the proposed development would retain
some of its natural value. Recommended plants for landscaping include:
Big -Leaf Maple
Acer macrophylla
Bigberry Manzanita
Arctostaphylos glauca
Coyote Brush
Baccharis pilularis
Ceanothus
Ceanothus spp.
Redbud
Cercis occidentalis
Toyon
Heteromeles arbutifolia
Honeysuckle
Lonicera spp.
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California Sycamore
Platanus racemose
Holly -leaved Cherry
Prunus ilicifolia
California Coffeeberry
Rhamnus californica
FIolly-leaved Redberry
Rhamnus ilicifolia
- Sugarbush
Rhus ovata
Chaparral Currant
Ribes malvaceum
Our Lord's Candle
Yucca whipplei
- California -Fuchsia
Zauschneria californica
14. The project applicant shall comply with all requirements of the City of Diamond
Bar Oak Tree Removal Ordinance except where otherwise provided in the
adopted Development Agreement.
15. In compliance with Section 3503.5 of the California Fish and Game Code, a
qualified biologist shall determine the presence of any raptor nests prior to
grading activities, the project applicant(s) shall contact the California Department
of Fish and Game, shall obtain and comply with all appropriate procedures
relative to grading operations in proximity to those nests, and shall provide
verification of same to the City. Some of the resulting mitigation measures may
include: (1) modifying the design of utility poles, if any, for the protection of
raptors and other birds; (2) restricting constructing activities near raptor nesting
sites during and immediately following the breeding season; and (3) constructing
artificial nesting platforms for raptors and other birds.
16. Prior to issuance of building permits, if applicable, Los Angeles County Fire
Department requirements for development in a wildland fire area shall be
incorporated to reduce potential fire hazards. These provisions include, but may
not be limited to: (1) fire -resistive protection of exterior walls/openings; (2) fire -
retardant roof covering; (3) fire -resistive construction for decks, balconies and
support structures; and (4) chimney screens installed on each chimney flue.
17. Project design and maintenance activities shall comply with brush clearance
programs administered by the Los Angeles County Fire Department.
18. Prior to the initiation of construction activities, the project applicant(s) shall
submit and the County Forester and Fire Warden shall approve a fire hazard
reduction/fuel management plan to minimize brush fire hazards on-site. That plan
shall include, but may not be limited to: (1) use of fire retardant construction
materials; (2) brush clearance and maintenance activities within 100 feet
surrounding individual structures; (3) irrigated planting areas with provisions for
maintenance activities; and (4) the provision and maintenance of fire breaks.
19. In order to limit the potential threat of wildland fires, low -fuel volume plants
shall be incorporated into the revegetative plan.
13
20. Prior to the issuance of grading permits, the project applicants shall review
development plans with the Los Angeles County Department of parks and
Recreation to facilitate implementation of the County's regional trail system.
Adequate provisions (e.g. trail dedication, signage) shall be provided to ensure
the dedication of any City or County Ordinance required trail links.
21. Prior to the approval of the grading plan, the project applicant(s) shall submit a
- safety plan to the City. Said safety plan shall identify appropriate measures to be
undertaken during grading activities to minimize disruptions to school activities
and shall address potential health and safety considerations relative to pedestrian
activities in the project area.
22. Prior to the initiation of grading activities and in accordance with the City's Oak
Tree Removal Ordinance and the adopted Development Agreement, a replacement
plan for the loss of existing oak trees shall be submitted by the project
applicant(s) and approved by the City.
23. Applicant shall utilize best efforts to negotiate an agreement with the adjacent
Peaceful Hills Home Owners Association (HOA) to allow landscaping mitigation
in the HOA open space parcels adjacent to applicants .property, to also include,
the inclusion of the HOA open space property on the Landscape Lighting
Disrtrict.
24. Applicant should imnplement a biological resource removal program, priot to
grading, to allow persons to remove vegetation at their own expense.
F. APPLICABLE EIR MITIGATION MEASURES
(not addressed in subsections a, b, c or d)
The following conditions are EIR mitigation measures not covered by the tract conditions listed
in subsections a, b, c or d, which are applicable to the project site.
1. All exterior lighting associated with proposed commercial/office uses to be
developed on-site shall be orientated to minimize light intrusion onto adjoining
residential areas.
2. All grading, earthwork and associated development activities shall be designed
and conducted in accordance with applicable City and County standards and shall
conform with recommendations contained in the Preliminary Soils Engineering
Investigation for Tentative Tract no. 32400, County of Los Angeles (Petra
Geotechnical, Inc., October 18, 1988), Geotechnical Feasibility Investigation for
80 Acre Development N/O Pathfinder Rd. and W/O Brea Canyon Rd. (RIMA
Group, September 21, 1992) and such other geotechnical reports as may be
prepared for the site and/or required by the City and County.
14
3. The project applicant shall be financially responsible for the following items: (1)
the construction or advancement of funds for the construction of any required on-
site drainage improvements as contained in the Master Plan of Drainage Facilities
approved by the City Engineer and County Engineer of Los Angeles County; (2)
the construction of in -tract and off-site storm drain system improvements; (3)
prorated mitigation fees of contributed flows; and/or (4) any permits or other
assessments imposed by the County Engineer.
4. Drainage shall be disposed of in a manner satisfactory to the City Engineer and
County Engineer of Los Angeles County. The design and installation of project
drainage facilities shall be in accordance with the flow criteria, design standards
and construction requirements of both the Los Angeles County Department of
Public Works and the City of Diamond Bar.
5. Prior to the approval of the final tract map(s), a special maintenance district or
other funding mechanism acceptable to and approved by the city and/or County
- Engineer shall be established for the maintenance of on-site storm drainage
facilities. Terrace and down drains will be part of the landscape and lighting
district. ' The main drainage system shall be accepted into the Los Angeles County
or City of Diamond Bar for maintenance district.
6. Prior to the initiation of grading operations, the project applicant(s) shall obtain
all applicable construction, stormwater and NPDES permits as may be required
by the City, the County of Los Angeles and the California Regional Water
Quality Control Board for the discharge of urban pollutants.
7. Prior to final map approval, Brea Canyon Road shall be constructed to the
planned four -lane cross-section between Colima Road and Pathfinder Road. Plus,
left -turn lanes shall be provided at each of the three project access points along
Brea Canyon Road. The location of the three new project access points along
Brea Canyon Road shall be designed to provide adequate sight distance. Care
shall be taken that the future grades and landscaping adjacent to these
intersections, as well as all internal project intersections, do not obstruct the
necessary line -of -sight. Applicant shall provide those dedications and
improvements, and be subject to pro -rated reimbursement, in accordance with
Condition No. 38 of the Conditions of Approval.
8. With the development of the site plan for both the retail and residential
components of the project, a traffic signal warrant shall be conducted to
determine if a traffic signal is required. Signals shall be installed by developer
at both collector road entrances off Brea Canyon Road. Applicant shall pay 46%
of the total cost of such signalization.
15
9. Prior to the issuance of grading permits the applicant shall illustrate to the
satisfaction of the City Engineer how the following mitigation measures
recommended by either the City or the South Coast Air Quality Management
District to minimize air quality impacts during the construction phase of the
- proposed project have been incorporated into project construction guidelines:
a. Apply approved chemical soil stabilizers according to manufacturers'
- specifications to all inactive construction areas (previously graded areas
inactive for four days or more).
b. Replace ground cover in disturbed areas per City specifications.
C. Enclose, cover, water twice daily, or apply approved soil binders,
according to manufacturers' specifications, to exposed stockpiles (i.e.,
gravel, sand, dirt).
d. Water active sites at least twice daily.
e. Suspend all excavating and grading operations when wind speeds (as
instantaneous gusts) exceed 25 miles per hour (mph).
f. Monitor for particulate emissions according to South Coast Air Quality
Management District specified procedures: For information call (714)
369-3600.
g. In field trailers, use portable air conditioning units with non -diesel.
h. Sweep streets at the end of day if any visible soil material is carried over
to adjacent thoroughfares (recommend water sweepers which use
reclaimed water).
i. The City may require that gravel be used in unpaved areas utilized as
either construction roads or staging areas for construction equipment.
J. Apply water twice daily for chemical soil stabilizers according to
manufacturers' specifications to all unpaved parking or staging areas and
unpaved road surfaces, if required for dust control.
k. Install wheel washers where vehicles exit unpaved roads onto paved roads,
or wash off trucks and any equipment leaving the site every trip in
designated areas on the site.
1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or
less.
M. All trucks hauling dirt, sand, soil or other loose materials are to be
covered and should maintain at least six inches of freeboard (i.e.,
minimum required space between top of the load and top of the trailer;
based upon a level load.
n. Pave construction roads that have a traffic volume of more than 50 daily
trips by construction equipment, 150 total daily trips for all vehicles, for
12 consecutive days.
o. Pave all construction access roads at least 100 feet onto the site from the
main road.
- p. Use methanol or low -sulfur fuel pile drivers.
16
q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule
431.2.
- r. Suspend use of all construction equipment operations during second stage
smog alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange
Counties) or (800) 367-4710 (San Bernardino and Riverside Counties).
S. Use construction equipment that has catalytic convertors (for gasoline
powered equipment).
t. Prevent trucks from idling longer than two minutes.
U. Configure construction parking to minimize traffic interference.
V. Provide temporary traffic control during all phases of construction
activities' to improve traffic flow such as providing a flag person to direct
traffic and ensure safe movements off the site as directed by the City
Engineer.
W. Schedule construction activities that affect traffic flow to off-peak hours
(i.e., between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00
PM) with approval from the City.
10. The following mitigation measures are recommended by the SCAQMD to
minimize long-term emissions associated with the project:
a. Use solar or low -emission water heaters.
b. Use Central water heating systems.
C. Use built-in energy efficient appliances.
d. Building and subdivision orientation should be to the north for natural
cooling.
e. Provide shade trees to reduce building heat.
L Use energy efficient and automated controls for air conditioners.
g. Use double -glass paned windows.
h. Commercial Site: Implement on-site circulation plan in parking lots to
reduce vehicle queuing.
L Commercial Site: Improve traffic flow at drive-throughs by designing
separate windows for different functions and providing temporary parking
-- for orders that are not immediately ready for pickup.
j. Commercial Site: provide adequate ventilation systems for enclosed
parking facilities.
- k. Commercial Site: Use lighting controls and energy efficient lighting.
1. Commercial Site: Provide preferential parking spaces for carpools and
vanpools and follow other guidelines as defined in the City's
- transportation. demand management (TDM) plan.
M. The applicant for the commercial enclave shall develop and submit for
Community Development Director Review and Approval, a trip reduction
program.
11. Construction and maintenance activities, including the repair and maintenance of
equipment, shall conform to and comply with applicable provisions of the City
of Diamond Bar's Noise Ordinance.
17
12. When feasible, construction equipment shall be stored on-site to eliminate and/or
reduce heavy -equipment truck trips.
13. Prior to the issuance of building permits for the project's commercial/office
component, an acoustical analysis shall be prepared to assess project compliance
with municipal noise standards. Should noise levels exceed established criteria,
appropriate actions shall be taken to minimize noise impacts upon site users.
14. Prior to the issuance of building permits, the Los Angeles County Sheriff's
Department shall be provided the opportunity to review and comment upon
building plans: (1) to facilitate emergency access; (2) to assure the consideration
of design strategies which facilitate public safety and police surveillance; and (3)
to offer design recommendations to reduce potential demands upon police
- services.
15. Prior to the issuance of general building permits, the California Highway Patrol
shall be provided, by the City, the opportunity to review building plans for the
project's commercial/office area to assist in ascertaining overall staffing
allocations for the area and commenting on the security and access components
of the design plan(s).
16. Project security features which shall be incorporated into the final design may
include: (1) residential dwelling unit and commercial building orientation which
facilitates "neighborhood involvement" activities; (2) exterior security lighting;
(3) well-designed access for police patrols to provide optimum observations; and
(4) illuminated street addresses to ensure visibility from the street for better patrol
observation.
17. The project applicant(s) shall include in a Buyer Awareness package, the
availability of participation in neighborhood involvement programs established by
the Los Angeles County Sheriffs Department to increase community awareness
and, thereby, help reduce potential crime occurrences in the City.
18. Parking areas which may be associated with recreational and commercial/office
land uses within the project site shall be illuminated at night to the satisfaction of
the City Engineer and shall allow for unobstructed visibility.
19. Prior to final tract map approval, the project applicant(s) shall submit a sewer
study to both the County and City Engineer identifying project wastewater flow
and tributary flow to the existing County trunk and local sewer lines. This study
-- shall identify: (1) the location, phasing, bonding and details of any proposed
sewer facilities and improvements by street configuration, lot layout and gravity
18
flow; (2) any current capacity shortfalls of the County trunk and/or City sewer
lines; and (3) specific design recommendations to provide additional lines or
sizing upgrade, if required.
20. The project applicant(s) shall convey access and property easement and rights-of-
way to the County Sanitation Districts of Los Angeles County, as deemed
necessary by the County and City Engineers, for the construction and
maintenance of sewer lines and associated facilities, prior to final map approval.
21. The project applicant(s) shall contribute an appropriate share of cost, as
established by the City, to fund improvements to the area's main lines, pumping
stations, etc. required as a result of project development, prior to final map
approval.
22. The project applicant(s) shall provide to the County Sanitation Districts of Los
Angeles County information regarding the construction and/or building schedule
of the project so that the timing of the County Sanitation Districts' expansion may
be coordinated with the project increase in demand.
23. In order to minimize the impact of project development on the County's solid
waste disposal. system and to facilitate the attainment of source reduction
standards for the City of Diamond Bar as contained in the California Integrated
Solid Waste management Act of 1989, the project applicant(s) shall: (1) consult
with the City of Diamond Bar, the County Sanitation Districts of Los Angeles
County and the Los Angeles County Department of Public Works regarding
implementation of technologies to reduce and recycle solid waste both during
construction and after completion of the project; and (2) consult with the current
refuse removal collection company(ies) regarding design standards for access to,
location and construction of trash container enclosures in order to facilitate
implementation of automated refuse collection.
24. Trash bins and barrel recycling enclosures shall be provided and maintained in
commercial locations acceptable to the City of Diamond Bar. Such information
shall be specifically shown on the plans submitted for building permits.
25. Prior to issuance of building permits for the project's commercial/office
component, a solid waste management plan identifying waste type, amount and
final destination of all inert materials diverted or recycled, shall be submitted to
and accepted by the City of Diamond Bar.
26. The project applicant(s) or subsequent homeowners' association(s) shall comply
with those source reduction and recycling and composting requirements as may
be adopted by the City of Diamond Bar in accordance with Assembly Bill 939.
19
27. The project applicant(s) through the Buyer Awareness program, shall encourage
the segregation of green wastes for reuse as specified under the City's Source
Reduction Recycling Element and County Sanitation Districts waste diversion
policies.
28. Grading activities anticipated to occur within and adjoining the South Pointe
- Middle School site shall be coordinated with the Walnut Valley Unified School
District to minimize disruptions to current school operations.
29. Applicant shall comply with the mitigation monitoring program to implement the
required EIR mitigation measures.
A: RNPexbt.b
20
RESOLUTION NO. PC 93-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
- DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION
OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92091040) AND
APPROVAL OF THE SOUTH POINTE DEVELOPMENT AGREEMENT FOR
R/N/P DEVELOPMENT, INC., INCLUDING THE SOUTH POINTE MASTER
PLAN, HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT AND OAK
TREE PERMIT ASSOCIATED WITH THE DEVELOPMENT OF THE SOUTH
POINTE MASTER PLAN AND VESTING TENTATIVE TRACT MAP NO. 51407,
LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER
ROAD, IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals
(i) R/N/P Development, Inc., 4439 Rhodelia Drive, Claremont, Ca 91711;
(the "Applicant" hereinafter), has heretofore filed an application for
approval of a Development Agreement including the South Pointe Master
Plan, Hillside Management Ordinance Conditional Use Permit for land
form modifications and Oak Tree Removal Permit involving the removal
of 449 coast live oaks with replacement both on and off the project site as
described in the title of this Resolution. Hereinafter in this Resolution,
the subject Development Agreement shall be referred to as the
"Application".
_ (ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application,
within the City of Diamond Bar.
- (iii) As a component of the South Pointe Master Plan the application has been
processed in accordance with Ordinance No. 4 (1992) of the City of
Diamond Bar.
(iv) The California Government Code authorizes cities to enter into binding
development agreements with persons having legal or equitable interests
in real property for the development of such property.
(v) As established in the January 25, 1993, Staff Report the South Pointe
Master Plan including this Tentative Tract, is consistent with the Hillside
Management Ordinance. Staff Report Section III F, Compliance with
Hillside Ordinance, provides an application analysis illustrating conformity
with the specific guidelines and/or standards contained within the Hillside
Ordinance. The Conditional Use Permit for the Hillside Ordinance is
granted pursuant to this Development Agreement.
(vi) As identified as a mitigation measure in the EIR, (Biological Resources)
prior to initiation of grading activities, the project applicant(s) shall obtain
an Oak Tree Permit in accordance with Part 16, Chapter 22.56 of Title 22
of the Los Angeles County Code. This Oak Tree Permits is granted
pursuant to this Development Agreement.
(vii) On October 26, 1992, January 25, February 8, February 22, February 25,
March 22, April 12, April 26, April 29 and May 10, 1993, the Planning
Commission of the City of Diamond Bar conducted a duly noticed public
hearing on the subject matter of the Application.
(viii) All legal prerequisites to the adoption of this, Resolution have occurred.
B. 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 hereby finds and based thereon, recommends
- that the City Council so certify, that Environmental Impact Report No.
92-1 (SCH92081040) has been prepared for this project in compliance
with the California Environmental Quality Act of 1970, as amended, and
- the Guidelines promulgated thereunder and further that said Environmental
Impact Report No. 92-1(SCH92081040) reflects the independent judgment
of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines and
recommends that the City Council so find and determine, based on the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project specified in the
application, which mitigate or avoid significant adverse environmental
impacts identified in said Environmental Impact Report No. SCH
92081040 except as to those effects which are identified and made the
2
subject of a Statement of Overriding Considerations which this Planning
- Commission finds are clearly outweighed by the economic, social and
other benefits of the proposed project, as more fully set forth in the
Statement of Overriding Considerations.
4. The Planning Commission hereby recommends that the City Council adopt
the findings, facts in Support of Findings, and the Statement of Overriding
Considerations attached hereto as Exhibit "A" and hereby incorporated by
reference.
5. The applicant shall make payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The Hillside Management Ordinance Conditional Use Permit is required
by Section 18 of the City of Diamond Bar Hillside Management
Ordinance.
7. Based on substantial evidence presented to this Commission during the
above -referenced public hearing, including written and oral staff reports,
public testimony and the record of the Application, this Planning
Commission hereby specifically finds as follows:
(a) The Application applies to a parcel located within the South Pointe
Master Plan area generally described as being situated west of the
Orange (SR -57) Freeway and Brea Canyon Road, east of the
corporate boundaries of the City (Tract 27141) and Morning Sun
Avenue, north of Pathfinder Road and the adjacent existing
residential area (Tract 32576) and south of existing residential and
vacant land located southerly of Colima Road.
(b) Surrounding properties' General Plan and land use designations
are:
East: 57 Freeway/Brea Canyon Road;
South: RL OS/Single Family Res., Open Space;
West: RLM/Single Family Res.;
North: RLM/Single Family Res.
(c) The Application is for a Development Agreement with a Master
Plan (Exhibit "C"), Hillside Management Ordinance Permit and
Oak Tree Removal Permit and is compatible with the objectives,
policies and programs specified because the parcels and land uses
proposed by the agreement are consistent with enclave
3
designations, statistical analysis and development standards
contained within the South Pointe Master Plan. The Application
is for one of three Oak Tree Removal Permits within the South
Pointe Master Plan area involving the removal of 449 Coast Live
Oak Trees 3 inches or more in diameter at a height of five foot,
and replacement of removed trees at a 2:1 ratio or 898 oak trees
both on and off the South Pointe Master Plan site.
(d) The site is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Department of Public Works of the County
of Los Angeles.
(e) The design of the project and of the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
biological resources, a Statement of Overriding Considerations has
been adopted on those unavoidable impacts.
(f) The permitted improvements will not cause serious public health
problems, since sewage disposal, storm drainage, public services
and geological and soils factors are addressed in the Vesting
Tentative Tract conditions of approval filed concurrently with this
project.
(g) The City of Diamond Bar has adopted rules and procedures and
requirements for consideration of development agreements.
(h) The property owner(s) have requested the City of Diamond Bar to
consider entering into a development agreement and proceedings
have been taken into accordance with the rules and regulations.
(i) The South Pointe Master Plan area is proposed to be developed as
a planned community containing 202 single family homes, 290,000
square feet of commercial office use, a school, open space and
park land and public roadways. Vesting Tentative Tract No.
51407 involves the development of 90 single family residential
- dwelling units, 1 park/open space parcel and 3 commercial parcels.
The agreement also provides for the provision of necessary
4
infrastructure and public services to the development and for the
payment of fees to mitigate the impacts of the development upon
the City and its residents.
(j) The land uses contained within the South Pointe Master Plan,
residential, office/commercial and park and open space are
permitted in the zone and comply with all applicable provisions of
the City of Diamond Bar Municipal Code. In addition, the land
uses, subdivision design and subsequent grading are compatible
with the surrounding built environment and are consistent with the
goals and policies of the Hillside Management Ordinance as
discussed in the January 25, 1993, staff report Section III F.
(k) The proposed development and grading plan will not impair the
integrity and character of the zone in which they are to be located
because the development proposal includes similar standards to
those existing in adjacent neighborhoods and includes an excess
of park and open space lands.
(1) Adoption of the requested development agreement would further
the legislative purposes of the State enabling act by encouraging
the provision of new housing.
(m) The agreement will also achieve a secondary benefit by providing
receipt of additional revenue (sales tax, land transfer to City) to
the City of Diamond Bar thereby meeting Draft General Plan goals
relative to developing a fiscally solvent financially stable
community and providing excess park land thereby providing
infrastructure which supports development and planned growth.
(n) The development agreement is consistent with the terms and
conditions of Vesting Tentative Tract No. 51407.
- (o) The agreement makes provision for periodic review of its
implementation and includes the contents required by Government
Code Section 65865.2 relative to duration of the agreement, the
density and intensity of use and the maximum height and size of
proposed buildings and provisions for the dedication of land for
public purposes.
(p) That the proposed development agreement is consistent with the
public convenience, general welfare and good land -use practice,
making it in the public interest to enter into the development
agreement with the applicant; and,
(q) The proposed development agreement will not:
1. Adversely affect the health, peace, comfort or welfare of
persons residing or working in the surrounding area; or,
2. Be materially detrimental to the use, enjoyment or
valuation of property of other persons located in the
vicinity of the site; or,
3. Jeopardize, endanger or otherwise constitute a menace to
the public health, safety or general welfare.
8. Based upon substantial evidence presented to this Planning Commission
during the above -referenced public hearing and upon the specific findings
of fact set forth above, pursuant to the provisions of California
Government Code 65360, the Planning Commission hereby finds and
determines as follows:
(a) The action proposed has been processed in accordance with
provisions of Ordinance No. 4 (1992) of the City of Diamond Bar.
(b) The Application as proposed complies with all other applicable
requirements of State law and the City of Diamond Bar zoning and
subdivision ordinances.
9. Based on the findings and conclusions set forth herein, the Planning
Commission recommends that the City Council hereby approve the
Application subject to the conditions which are set forth in Exhibit B
hereto and are incorporated by reference.
10. The Planning Commission Secretary is hereby directed (a) to certify to the
adoption of this Resolution and, (b) forthwith transmit a certified copy of
this Resolution, by certified mail, return receipt requested, to the
applicant: R/N/P Development, Inc., 4439 Rhodelia Drive, Claremont,
CA 91711.
0
Approved and adopted this the 24th day of May, 1993 by the Planning Commission of
the City of diamond Bar.
BY: - —
Bruce Flamenbaum, Chairman
I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do
hereby certify that the foregoing Resolution was passed, adopted and approved at a
regular meeting of the Planning Commission of the City of Diamond Bar held on the
24th of May, 1993, by the following vote:
AYES: COMMISSIONERS: Flamenbaum, Meyer,
Plunk, Li
NOES: COMMISSIONERS: Grothe
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
ATTEST:
^ nen
Ja s DeStefano, Secre
A:\RNP-DA.6-2
7
RESOLUTION NO. PC 93-20
A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION
OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND
APPROVAL OF TENTATIVE TRACT NO. 51253 TO DEVELOP A 21 LOT
FAMILY RESIDENTIAL DEVELOPMENT ON A 6.7 ACRE SITE LOCATED
WITHIN THE SOUTH POINTE MASTER PLAN AREA GENERALLY
DESCRIBED AS BEING SITUATED WEST OF THE ORANGE (SR -57)
FREEWAY AND BREA CANYON ROAD, EAST OF THE CORPORATE
BOUNDARIES OF THE CITY (TRACT 27141) AND MORNING SUN AVENUE,
NORTH OF PATHFINDER ROAD AND THE ADJACENT EXISTING
RESIDENTIAL AREA (TRACT 32576) AND SOUTH OF EXISTING
RESIDENTIAL AND VACANT LAND LOCATED SOUTHERLY OF COLIMA
ROAD IN DIAMOND BAR CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals
(i) Amrut Patel (Sasak Corporation), 858 W. 9th Street, Upland, California
(the "Applicant" hereinafter), has heretofore filed an application for
approval of Tentative Tract Map No. 51253 as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Tentative Tract
Map No. 51253 shall be referred to as the "Application."
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application,
within the City of Diamond Bar.
(iii) As a component of the South Pointe Master Plan the application has been
processed in accordance with Ordinance No. 4 (1992) of the City of
Diamond Bar.
(iv) On October 26, 1992, January 25 and February 8, February 22, February
25, March 22, April 12, April 26, April 29, May 10, and May 24, 1993,
the Planning Commission of the City of Diamond Bar conducted a duly
noticed public hearing on the subject matter of the Application.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
This 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 hereby finds, and based thereon, recommends
that the City Council so certify that the initial study prepared and
reviewed by the City of Diamond Bar and Environmental Impact Report
No. 92-1 (SCH No. 92081040) was completed in compliance with .the
California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder, the Planning Commission has
reviewed and considered the information contained in said Environmental
Impact Report No. 92-1 (SCH 92081040) and that said Environmental
Impact Report reflects the independent judgment of the City of Diamond
Bar.
3. The Planning Commission hereby specifically finds and determines and
recommends that the City Council so find and determine, based on the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project specified in the
Application, which mitigate or avoid significant adverse environmental
impacts identified in said Environmental Impact Report No. SCH
92081040, except as to those effects which are identified and made the
subject of a Statement of Overriding Considerations which this Planning
Commission finds are clearly outweighed by the economic, social and
other benefits of the proposed project, as more fully set forth in the
Statement of Overriding Considerations.
4. The Planning Commission hereby recommends that the City Council adopt
the Findings, Facts in Support of Findings, and the Statement of
-- Overriding Considerations attached hereto as Exhibit "A" and hereby
incorporated by reference.
-- 5 The applicant shall make payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
2
6. The approval of this Tentative Tract Map No. 51253 is contingent upon
all other map, Hillside Ordinance Condition Use Permit and Oak Tree
Removal Permit approvals associated with this South Pointe Master Plan.
7. Based on substantial evidence presented to this Commission during the
above -referenced public hearing, including written and oral staff reports,
public testimony and the record of the Application, this Planning
Commission hereby specifically finds as follows:
(a) The Application applies to a parcel located within the South Pointe
Master Plan area generally described as being situated west of the
Orange (SR -57) Freeway and Brea Canyon Road, east of the
corporate boundaries of the City (Tract 27141) and Morning Sun
Avenue, north of Pathfinder Road and the adjacent existing
residential area (Tract 32576) and south of existing residential and
vacant land located southerly of Colima Road, consisting of 6.7
acres, and zoned RPD 10,000 6U.
(b) Surrounding properties' zoning and land use are:
East: RPD 10,000 6U/Vacant;
South: RPD 10,000 6U/vacant;
West: County of Los Angeles/Single Family Residential;
North: R1-15,000/single family residential
(c) The Application is for a twenty-one (21) lot subdivision to
construct 21 single family units. The final tract map shall reflect
- the design brought forth in the Tentative Map for Tract No.
51253.
-- (d) The site is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Department of Public Works of the County
of Los Angeles.
(e) The design of the subdivision and the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
3
biological resources, a Statement of Overriding Considerations has
been adopted on those unavoidable impacts.
(f) Neither the design of the subdivision nor the types of
- improvements will cause serious public health problems, since
sewage disposal, storm drainage, public services and geological
and soils factors are addressed in the conditions of approval
- appended hereto.
(g) The design of the subdivision provides, to the extent feasible, for
future passive or natural heating or cooling opportunities. The
design of the subdivision is based on the size and shape of the
parcel.
(h) The proposed subdivision does contain or front upon any public
waterway, river, stream, coastline, shoreline, lake or reservoir.
taken into accordance with the rules and regulations.
(i) The subdivision and development of the property in the manner set
forth on the map will not unreasonably interfere with the free and
complete exercise of public entity and/or public utility rights-of-
way and/or easements within the area covered by said map, since
the design and development as set forth in the conditions of
approval and on the tentative map provide adequate protection for
any such easements.
(j) The discharge of sewage from this subdivision into the public
sewer system will not violate requirements of the California
Regional Water Quality Control Board pursuant to Division 7
(13000, et seq.) of the California Water Code.
(k) The housing needs of the region have been considered and
balanced against the public service needs of local residents and
available fiscal and environmental resources.
8. Based upon substantial evidence presented to the Planning Commission
during the above -referenced public hearing, and upon the specific findings
of fact set forth above, pursuant to the provisions of California
Government Code 65360, the Planning Commission hereby finds and
- determines as follows:
(a) The action proposed (Tentative Map) has been processed in
- accordance with the provisions of Ordinance 4 No. (1992) of the
City of Diamond Bar
4
(b) The Application as proposed and conditioned herein complies with
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, this Planning
Commission hereby recommend that the City Council approve the
Application subject to the following conditions which are set forth
provided in Exhibit "B" hereto and are incorporated by reference.
10. The Planning Commission Secretary is hereby directed (a) to certify to the
adoption of this Resolution and, (b) forthwith transmit a certified copy of
this Resolution, by certified mail, return receipt requested, to Amrut Patel
(Sasak Corporation) 858 W. 9th Street, Upland, California 91785.
Approved and adopted this the 24th day of May, 1993 by the Planning Commission of
the City of Diamond Bar.
BY:
Bruce Flamenbaum, Chairman
I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do
hereby certify that the foregoing Resolution was passed, adopted and approved at a
regular meeting of the Planning Commission of the City of Diamond Bar held on the
24th day of May, 1993, by the following vote:
AYES: COMMISSIONERS: Flamenbaum, Meyer
NOES: COMMISSIONERS: Li
ABSENT: COMMISSIONERS: Grothe, Plunk
ABSTAINED: COMMISSIONERS:
ATTEST: 1--t4 " �_„ �'
% i �r�
Jam DeStefano, Secre
A:patd.62
5
0
PLANNING COMMISSION RESOLUTION NO. 93-20 AND 93-21
MAY 24, 1993
EXHIBIT "B"
CONDITIONS OF APPROVAL
A. GENERAL REQUIREMENTS:
This Approval of Tentative Tract Map No. 51253 shall not be effective for any
purpose until a duly authorized representative of the applicant has filed with the
Community Development Department an Affidavit of Acceptance, thereby
accepting all the conditions of this approval, which Affidavit shall be filed within
15 days of the date of approval.
2. All requirements of this Resolution, the applicable Zoning District, the City
Codes, City departmental policies, rules and regulations and applicable law,
policies and regulations of any State, Federal or local agency with jurisdiction
thereof shall be complied with by the Applicant.
3. The applicant shall defend at applicant's sole expense any action brought against
the City, its agents, officers, or employees, because of the issuance of such map
- approval, or in the alternative, shall relinquish such map approval. The applicant
shall reimburse the City, its agents, officers, or employees, for any court costs
and attorney's fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of its obligations under this
condition.
B. FIRE DEPARTMENT REQUIREMENTS:
1. Provide and locate water mains, fire hydrants and fire flows as required by Fire
Department and Fire Code.
2. Prior to recordation of a final map, emergency secondary access shall be provided
in accordance with Fire Protection District Standards and approved by the City
Engineer.
3. Fire Department access shall be extended to within 150 feet distance of any
portion of structure to be built and shown on the final map.
4. Access shall comply with Section 10.207 of the Fire Code (all weather access).
5. Cul-de-sacs or dead end streets shall include, as necessary, turnarounds suitable
for fire protection equipment use and shown on the final map. Turnarounds shall
be designed, constructed and maintained to insure their integrity for Fire
Department use.
6. All required fire hydrants shall be installed, tested and accepted prior to
construction of on-site improvements. Vehicular access must be provided and
maintained serviceable throughout construction.
7. All hydrants shall be brass or bronze and conform to current AWWA standard
AC503 or approved equal. All hydrants shall be installed a minimum of 25' from
a structure or protected by a two (2) hour fire wall for commercial structures.
C. ENGINEERING REQUIREMENTS:
GENERAL
1. Prior to approval and recordation of the final map, written certification from the
affected'district, that adequate sewer and water facilities are or will be available
to serve the proposed project, shall be submitted to the City. Such letters must
have been issued by the district within ninety (90) days prior to final map
approval.
2. All easements existing prior to final map approval must be identified. If an
easement is blanket or indeterminate in nature, a statement to that effect must be
shown on the final map in lieu of its location.
3. A title report/guarantee showing all fee owners and interest holders must be
submitted when a final map is submitted for plan check. The account shall
remain open until the final map is filed with the County Recorder. An updated
_ title report/guarantee must be submitted ten (10) working days prior to final map
approval.
4. A landscape/lighting district(s) shall be formed per City requirements to finance
the maintenance and to maintain common open space areas within the project site.
5. New boundary monuments shall be set in accordance with the State Subdivision
Map Act and subject to approval by the City Engineer.
6. If any required public improvements have not been completed by Applicant and
accepted by the City prior to the approval of the final map Applicant shall enter
into a subdivision agreement with the City and shall post the appropriate security.
2
7. All site grading, landscaping, irrigation, street improvement, sewer and storm
drain improvement plans shall be approved by the City Engineer prior to final
map approval.
8. Street names shall be submitted for City review and approval prior to approval
of the final map. Street names shall not duplicate existing streets within the City
of Diamond Bar's postal service zip code areas.
9. House numbering plans shall be approved by the City Engineer prior to issuance
_ of building permits.
10. The detail drawings and construction notes shown on the submitted plans are
conceptual only and the approval of this map does not constitute approval of said
notes.
GRADING
11. Applicant shall submit to the City Engineer the total cost estimate for bonding
purposes of all grading, prior to approval of the final map.
12. The final grading plans shall be completed and approved prior to issuance of
building permits.
13. Final grading plans for each parcel are to be submitted to the Building and Safety
Division for approval prior to issuance of building or grading permits. (This may
be on an incremental or composite basis.)
14. Grading of the subject property shall be in accordance with the current Uniform
Building Code, City Grading Ordinance 14, and City's Hillside Management
Ordinance, and acceptable grading practices. The precise and final grading plan
shall be in substantial conformance with the grading plan approved as a material
part of the Tentative Map.
15. All landslide debris shall be completely removed prior to fill placement as
required by the final geotechnical report.
16. At the time of submittal of the 40 -scale grading plan for plan check, a detailed
soils and geology report shall be submitted in compliance with City guidelines to
the City Engineer for approval and said report shall be prepared by a qualified
engineer and/or geologist licensed by the State of California. The report shall
address, but not be limited to, the following:
(a) Soil remediation measures shall be designed for a "worst case" geologic
interpretation subject to verification in the field during grading.
3
(b) The extent of any remedial grading into natural areas shall be clearly
- defined on the grading plans.
(c) Areas of potential for debris flow shall be defined and proper remedial
measures implemented as approved by the City Engineer.
- (d) Gross stability of all fill slopes shall be analyzed as part of the
teotechnical report, including remedial fill that replaces natural slope.
(e) Stability of all proposed slopes shall be confirmed by analysis as approved
by the City Engineer.
(f) All geologic data including landslides and exploratory excavations must
be shown on a consolidated geotechnical map using the 40 -scale final
grading plan as a base.
All geotechnical and soils related findings and recommendations must be reviewed and
approved by the City Engineer prior to issuance of any grading permits and recordation
of the final map. Applicant further agrees that the number of actual buildable lots may
be reduced by the City based upon the final findings and recommendations of the City's
geologist.
17. Grading plans shall be prepared in a 24" x 36" format and designed in
compliance with the recommendations of the final detailed soils and engineering
geology reports. All remedial earthwork specified in the final report shall be
incorporated into the plans.
18. Grading plan(s) must be signed and stamped by a registered Geotechnical
Engineer and registered Geologist.
19. All identified geologic hazards within the Tentative Tract boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the
final map as "Restricted Use Area". The subdivider shall dedicate to the City the
right to prohibit the erection of buildings or other structures within such restricted
use areas on the final map.
DRAINAGE
20. Surety shall be posted and an agreement executed guaranteeing completion of all
drainage facilities necessary for dewatering all parcels to the satisfaction of the
City Engineer prior to final map approval and prior to the issuance of grading
permits.
- 21. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map as approved by the City Engineer.
22. All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prior to issuance of building permits for
4
construction upon any parcel that may be subject to drainage flows enter, leaving,
- or within a parcel relative to which a building permit is requested.
23. An erosion control plan shall be approved by the City Engineer prior to issuance
of grading permits.
24. Prior to placement of any dredged or fill material into any U.S.G.S. blue line
stream bed, a 404 permit shall be obtained from the Army Corps of Engineers
and an agreement with the California Department of Fish and Game shall be
obtained and submitted to the City Engineer.
25. Provide drainage facilities to remove the flood hazard and dedicate and show
necessary easements and/or rights of way on the final map to the satisfaction of
City Engineer.
26. Identify any flood hazard locations on the final map and delineate the areas
subject to flood hazard. Dedicate to the City the right to restrict the erection of
buildings in the flood hazard areas.
27. A permit from the County Flood Control District is required for work within its
right-of-way.
28. A final drainage study and final drainage plans in a 24"x36" sheet format shall
be submitted to and approved by the City Engineer prior to final map approval.
All drainage facilities shall be installed as required by the City Engineer and in
accordance with County of Los Angeles Standards for acceptance and disposal of
all related drainage.
29. Prior to finalization of any development phase, sufficient drain age improvements
shall be completed beyond the phase boundaries to assure secondary access and
drainage protection to the satisfaction of the City Engineer. Phase boundaries
shall correspond to lot lines shown on the final map.
STREETS
30. Applicant shall submit to the City Engineer the total cost estimate for bonding
purposes of all public improvements, prior to approval of the final map.
31. New centerline ties shall be submitted to the City Engineer for approval in
accordance with City Standards, prior to issuance of building permits.
33. Street improvement plans in a 24"x36" sheet format, prepared by a registered
Civil Engineer, shall be submitted to and approved by the City Engineer.
5
Security shall be posted and an agreement executed guaranteeing completion of
-- the public and/or private street improvements, prior to final map approval.
34. Prior to any work being performed in public right-of-way, fees shall be paid and
a construction permit shall be obtained from the City Engineer's Office in
addition to any other permits required.
35. No street shall exceed a maximum slope of 12% unless approved by the City
Engineer.
36. Construct base and pavement on all streets in accordance with soils report
prepared by a qualified and registered engineer and approved by the City
Engineer or as otherwise directed by the City Engineer.
37. Vehicular access must be provided to all "Urban Pollutant Basins" with a
minimum width of 15 feet, with 12 feet of pavement and with a maximum slope
no greater than 15% unless otherwise approved the City Engineer.
38. Prior to final map approval, Applicant shall participate in the improvement to the
ultimate right-of-way off Brea Canyon Road along the Tentative Map frontage,
and shall participate in the improvement to the ultimate right-of-way of Brea
Canyon Road outside the Tentative Map boundary, between Glenbrook and
Pathfinder, including, but not limited to undergrounding of existing overhead
utilities, all in accordance with City Standards. Applicant shall enter into a
_ reimbursement agreement with City for reimbursement of advanced costs from
development of property benefitting from the dedications and improvements
required herein.
39. Applicant shall pay the pro -rated amount of $12,800, or shall construct subject
to reimbursement, for signal improvements at Pathfinder and Brea Canyon Road
prior to final map approval or within 12 months of approval of the Tentative
Tract Map whichever occurs first.
40. Fund 8% of other signal improvements required pursuant to the approved EIR
prior to approval of the final map.
41. Label any private drives or fire lanes and delineate on the final map to the
satisfaction of the City.
42. Construct drainage improvements and offer easements needed for street and slope
drainage as required by the City Engineer prior to recordation of the final map.
43. Construct full width sidewalks throughout the tract per City standards and as
approved by the City Engineer. In addition, the applicant shall provide
$18,000.00 for sidewalk installation within the adjacent county area.
6
44. Provide and install street name signs to the satisfaction of the City Engineer prior
to issuance of a certificate of occupancy.
45. All utility lines shall be underground per Section 21.24.400 of Title 21 of the
City Codes in and adjoining the proposed Tentative Tract Map.
46. Dedicate slope easements along Morning Sun Drive in favor of the City as may
be required by the City Engineer, prior to approval or recordation of the final
map. The dedicated slope easement shall be placed in a landscape and lighting
district, as directed by the City Engineer.
47. Construct curb and gutters per City standards subject to approval by the City
Engineer.
48. Construct wheelchair ramps at all corners and all intersections pursuant to City
Standards or as may be required by the City Engineer.
49. Provide street lights as required pursuant to City standards and as approved by
- the City Engineer. The street lights shall be placed in a landscape and lighting
district, as directed by the City Engineer.
50. Traffic improvement plans prepared by a registered Traffic Engineer in a 24"x36"
sheet format shall be submitted to and approved by the City Engineer. Security
shall be posted and agreement executed guaranteeing completion of improvements
prior to final map approval.
51. Intersection line of sight designs shall be submitted to the City Engineer for
- approval as may be required by City Engineer.
52. The Applicant shall prepare traffic control signing and striping plans in
accordance with City requirements prior to approval of the final map.
53. Secondary street access must be provided as approved by the City Engineer.
SEWER/WATER
54. Prior to final map approval the subdivider shall submit an area study to the City
Engineer to determine whether capacity is available in the sewerage system to be
used as the outlet for the sewers in this land division. If the system is found to
be of insufficient capacity, the problem must be resolved to the satisfaction of the
City Engineer.
55. Each dwelling unit shall be served by a separate sewer lateral which shall not
cross any other lot lines. The sanitary sewer system serving the tract shall be
F
connected to the City or District sewer system. Said system shall be of the size,
grade and depth approved by the City Engineer, County Sanitation District and
Los Angeles County Public Works Department, prior to approval of the final
map.
56. The Applicant shall obtain connection permit(s) from the City, Los Angeles
County Public Works and County Sanitation District. The subdivision shall be
annexed into the County Consolidated Sewer maintenance District and appropriate
easements for all sewer main and trunk lines must be offered for dedication and
accepted by the County of Los Angeles Public Works Department, prior to
approval of the final map.
57. The Applicant, at Applicant's sole cost and expense, shall construct the sewer
system in accordance with the City, Los Angeles County Public Works
Department and County Sanitation District Standards.
58. Prior to final map approval a water system with appurtenant facilities to serve all
lots/parcels in the land division, designed to Walnut Valley Water District
specifications, must be provided and approved by the City Engineer. The system
shall include fire hydrants of the type and location as determined by the Los
Angeles County Fire Department. The water mains shall be sized to
accommodate the total domestic and fire flows to the satisfaction of the City
Engineer.
59. Prior to final map approval, the applicant shall construct, or enter into an
improvement agreement guaranteeing construction of the necessary improvements
to the existing water system, according to Walnut Valley Water District
specifications, to accommodate the total domestic and fire flows as may be
required by the City Engineer.
60. Provide separate underground utility services to each parcel, including water, gas,
electric power, telephone and cable TV, in accordance with the respective utility
company standards. Easements required by the utility companies shall require
approval by the City Engineer. .
61. Applicant shall relocate and underground any existing on-site utilities as necessary
and to the satisfaction of the City Engineer.
62. Prior to submittal of the final map, written certifications from Walnut Valley
Water District, GRE, SCE, SCG and Jones Intercable stating that adequate
facilities are or will be available to serve the proposed project shall be submitted
to the City.
8
63. Based on a determination by the City Engineer,the City reserves the right to
require the applicant to install main and service lines capable of delivery of
- reclaimed water to all portions of the Tract, prior to final map approval. The
system shall be designed to permit "switch over" of nondomestic services on each
lot at time of availability of reclaimed water, all to the satisfaction of the City
Engineer and designed to the specifications of the Walnut Valley Water District.
64. Adjustments to lot lines of lots mutually agreed upon by the City Engineer and
applicants for Tract No.'s 51253 and 51407 shall be designated on each tentative
tract map and shall be recorded on each final map.
D. COMMUNITY DEVELOPMENT DEPARTMENT REQUIREMENTS:
The site shall be developed and maintained in accordance with the approved
Tentative Tract Map and plans approved by the Planning Commission, as revised
by these conditions of approval.
2. Prior to the recordation of the final map the applicant shall pay any park in -lieu
fee, or dedicate park land to the City's satisfaction.
3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00
a.m. to 5:00 p.m., Monday through Saturday; except that interior building
construction activities shall not be limited. All construction equipment shall be
properly muffled to reduce noise levels. Transportation of equipment and
materials and operation of heavy grading equipment shall also be limited to the
hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment
staging areas shall be sited on the subject property. Dust generated by
construction activities shall be reduced by watering the soil prior to and during
_ grading activities. Use of reclaimed water shall be used whenever possible.
4. All lots shall provide a minimum pad size of 6,900 square feet.
5. Applicant shall pay development fees (including, but not limited to, planning,
building and school fees) at the established rates prior to issuance of building
- permits.
6. Applicant shall prepare and submit to the Director of Community Development
for approval prior to the sale of the first lot of the subdivision, a "Buyer
Awareness Package" which shall include, but not be limited to, information
pertaining to geologic issues regarding the property and oak tree preservation
issues, explanatory information pertaining to.restrictions on use of properties as
necessary and similar related matters. Applicant shall institute a program to
include delivery of a copy of said "Buyer Awareness Package" to each
prospective purchaser and shall keep on file in the office of Applicant a receipt
signed by each such prospective purchaser indicating that the prospective
purchaser has received and read the information contained within the "Buyer
Awareness Package. "
9
7. Prior to the issuance of building permits the variety of materials and colors to be
used on the exteriors of residential structures shall be approved in form and color
by the Community Development Director.
8. Prior to any occupancy permit being granted, these conditions and all
improvements shall be completed to the satisfaction of the City.
9. The use authorized by this approval shall be commenced or construction
necessary and incidental thereto shall be started on or before the time limit
specified herein and thereafter diligently advanced on or before the (2) second
year after the expiration of the appeal period.
10. Applicant shall pay all remaining prorated City project review and processing fees
prior to recordation of the tract map as required by the Community Development
Director.
E. RESOURCE MANAGEMENT PLAN REQUIREMENTS
1. As a means of mitigating potential environmental impacts, the applicant shall
suspend construction in the vicinity of a cultural resource encountered during
development of the site, and leave the resource in place until a qualified
archaeologist can examine them and determine appropriate mitigation measures.
The applicant shall comply with mitigation measures recommended by the
archaeologist and approved by the Director of Community Development.
Upon initiation of grading activities, a paleontological grading observation
schedule by a Certified Paleontologist shall be maintained when grading in
bedrock units to further evaluate the fossil resources of the site. Salvage
operations shall be initiated and coordinated with the project applicants if
significant concentrations of fossils are encountered.
2. Plant street trees as directed and approved by the City Engineer.
3. No underground utilities shall be constructed within the drip line of any mature
tree preserved on-site except as approved by a registered arborist.
4. The mitigation monitoring program contained in the EIR and approved by the
City shall be implemented and rigorously complied with. Applicant shall deposit
and maintain with the City, a fund in such amounts required by the Director of
Community Development to defray the cost of implementation and monitoring by
City staff and consultants retained by City.
10
5. A detailed landscape and irrigation plan, include slope planting and model home
landscaping, shall be prepared by a licensed landscape architect and submitted for
City review and approval prior to approval of the final map. Fence details, tree
staking, soil preparation, planting details and an automatic irrigation system and
- the incorporation of xerotropic landscaping shall be incorporated wherever
feasible. The Applicant shall pay all processing fees associated with plan review.
6. All Terrace drains and drainage channels shall be constructed in muted earth
tones so as to not impart adverse visual impacts. Terrace drains shall follow land
form slope configuration and shall not be placed in exposed positions. All down
drains shall be hidden in swales diagonally or curvilinear across a slope face.
7. Prior to issuance of occupancy permits all oak trees to be replaced shall be
replaced at the ratios, locations and palette mix specified in EIR SCH 91081040.
8. Existing trees required to be preserved in place shall be protected with a
construction barrier in accordance with the Los Angeles County Code and so
noted on the grading plans. The location of those trees to be preserved in place
and new locations for transplanted trees shall be shown on the detailed landscape
plans.
9. Replacement oak trees at a 2:1 ratio shall consist of the following mix of sizes:
a. 5% seedlings
b. 15 % 15 -gallon
C. 50% 24" box
d. 15% 36" box
e. 10% 48" box
f. 5% 60" box
10. Prior to grading, seed collections shall be made from many of the native species
on-site, concentrating on areas to be impacted by the project. These seeds shall
be propagated and their offspring, in seed or container plant form, shall be used
- in the revegetation program. Seeds of species in short supply on-site shall be
increased prior to planting and/or all seeds shall be grown in containers for
planting on-site. Applicant shall provide proof of compliance with this Section
- to City Engineer prior to grading and again, prior to issuance of any certificate
of occupancy.
11. Prior to the issuance of permits for site grading, eight (8) suitable oaks for
transplanting shall be selected, tagged and recommended to the City for relocation
by a qualified arborist. Selection criteria shall include access, health, structural
feasibility for transplantation and cost. In order to maintain wildlife food sources,
an effort will be made to select some specimens for transplanting marked to
11
indicate compass and slope orientation. Trees shall be boxed by a method which
minimizes shock and allows for the inclusion of the maximum feasible amount of
root hairs and associated soil. Indigenous mycorrhizae shall be included with the
root hairs and associated soil. Siting of transplanted oaks and detailed
transplanting methodology shall be coordinated by a qualified licensed arborist.
The number of oaks to be transplanted and their specific locations shall be
approved by the Community Development Director.
12. Prior to the issuance of grading permits the appiicaut shall obtain approval of a
Feral Pet Trapping Program by the Community Development Director. A feral
pet trapping program shall be administered by the Applicant during and after
construction. The feral pet trapping program shall provide for the trapping and
disposition of former domestic pets that have gone back to the wild, to the
specifications of the Los Angeles County Department of Animal Control.
13. Prior to approval of project landscape plan the applicant shall demonstrate that the
landscaping palette for the project emphasizes the use of drought tolerant, native
plant species with low water requirements adapted to the inland Southern
California climate. Also, plants used in landscaping shall include those which
provide nectar, fruit or seeds as food for native wildlife species. With the proper
selection and placement of native plants, the proposed development would retain
some of its natural value. Recommended plants for landscaping include:
Big -Leaf Maple
Bigberry Manzanita
Coyote Brush
Ceanothus
Redbud
Toyon
Honeysuckle
California Sycamore
Holly -leaved Cherry
California Coffeeberry
Holly -leaved Redberry
Sugarbush
Chaparral Currant
Our Lord's Candle
California -Fuchsia
Acer macrophylla
Arctostaphylos glauca
Baccharis pilularis
Ceanothus spp.
Cercis occidentalis
Heteromeles arbutifolia
Lonicera spp.
Platanus racemose
Prunus ilicifolia
Rhamnus californica
Rhamnus ilicifolia
Rhus ovata
Ribes malvaceum
Yucca whipplei
Zauschneria californica
14. The project applicant shall comply with all requirements of the City of Diamond
Bar Oak Tree Removal Ordinance except where otherwise provided in the
adopted Resolutions.
12
15. In compliance with Section 3503.5 of the California Fish and Game Code a
qualified biologist shall determine the presence of any raptor nests prior to
grading activities, the project applicant(s) shall contact the California Department
of Fish and Game, shall obtain and comply with all appropriate procedures
relative to grading operations in proximity to those nests, and shall provide
verification of same to the City. Some of the resulting mitigation measures may
include: (1) modifying the design of utility poles, if any, for the protection of
raptors and other birds; (2) restricting construction activities near raptor nesting
sites during and immediately following the breeding season; and (3) constructing
artificial nesting platforms for raptors and other birds.
16. Prior to issuance of building permits if applicable, Los Angeles County Fire
Department requirements for development in a wildland fire area shall be
incorporated to reduce potential fire hazards. These provisions include, but may
not be limited to: (1) fire -resistive protection of exterior walls/openings; (2) fire -
retardant roof covering; (3) fire -resistive construction for decks, balconies and
support structures; and (4) chimney screens installed on each chimney flue.
17. Project design and maintenance activities shall comply with brush clearance
programs administered by the Los Angeles County Fire Department.
18. Prior to the initiation of construction activities, the project. applicant(s) shall
submit and the County Forester and Fire Warden shall approve a fire hazard
reduction/fuel management plan to minimize brush fire hazards on-site. That plan
shall include, but may not be limited to: (1) use of fire retardant construction
materials; (2) brush clearance and maintenance activities within 100 feet
surrounding individual structures; (3) irrigated planting areas with provisions for
maintenance activities; and (4) the provision and maintenance of fire breaks.
19. In order to limit the potential threat of wildland fires, low -fuel volume plants
shall be incorporated into the revegetative plan.
20. Prior to the issuance of grading permits, the project applicants shall review
development plans with the Los Angeles County Department of parks and
Recreation to facilitate implementation of the County's regional trail system.
Adequate provisions (e.g. trail dedication, signage) shall be provided to ensure
the dedication of any City or County Ordinance required trail links.
21. Prior to the initiation of grading activities and in accordance with the City's Oak
Tree Removal Ordinance and the adopted Development Agreement, a replacement
plan for the loss of existing oak trees shall be submitted by the project
applicant(s) and approved by the City.
13
22. Applicant should implement a biological resource removal program, prior to
grading, to allow persons to remove vegetation at their own expense.
23. The applicant shall provide to the City, prior to map recordation, the sum of
$3,500.00 per lot, as additional open space mitigation fees to be used for future
park development.
F. APPLICABLE EIR MITIGATION MEASURES
- (not addressed in subsections a, b, c or d)
The following conditions are EIR mitigation measures not covered by the tract conditions listed
in subsections a, b, c or d, applicable to the project site.
1. All grading, earthwork and associated development activities shall be designed
and conducted in accordance with applicable City and County standards and shall
conform with recommendations contained in the Preliminary Soils Engineering
Investigation for Tentative Tract no. 32400, County of Los Angeles (Petra
Geotechnical, Inc., October 18, 1988), Geotechnical Feasibility Investigation for
80 Acre Development N/O Pathfinder Rd. and W/O Brea Canyon Rd. (RMA
Group, September 21, 1992) and such other geotechnical reports as may be
prepared for the site and/or required by the City and County.
2. The project applicant shall be financially responsible for the following items: (1)
the construction or advancement of funds for the construction of any required on-
site drainage improvements as contained in the Master Plan of Drainage Facilities
approved by the City Engineer and County Engineer of Los Angeles County; (2)
the construction of in -tract and off-site storm drain system improvements; (3)
prorated mitigation fees of contributed flows and/or (4) any permits or other
assessments imposed by the County Engineer.
3. Drainage shall be disposed of in a manner satisfactory to the City Engineer and
County Engineer of Los Angeles County. The design and installation of project
drainage facilities shall be in accordance. with the flow criteria, design standards
and construction requirements of both the Los Angeles County Department of
_ Public Works and the City of Diamond Bar.
4. Prior to the approval of the final tract map(s), a special maintenance district or
- other funding mechanism acceptable to and approved by the city and/or County
Engineer shall be established for the maintenance of on-site storm drainage
facilities. Terrace and down drains will be part of the landscape and lighting
- district. The main drainage system shall be accepted into the Los Angeles County
or City of Diamond Bar maintenance district.
5. Prior to the initiation of grading operations, the project applicant(s) shall obtain
all applicable construction, stormwater and NPDES permits as may be required
by the City, the County of Los Angeles and the California Regional Water
Quality Control Board for the discharge of urban pollutants.
14
6. Prior to final map approval applicant shall participate in the Brea Canyon road
construction to the planned four -lane cross-section between Colima Road and
Pathfinder Road. Plus, left -turn lanes shall be provided at each of the three
project access points along Brea Canyon Road. The location of the three new
project access points along Brea Canyon Road shall be designed to provide
adequate sight distance. Care shall be taken that the future grades and
landscaping adjacent to these intersections, as well as all internal project
intersections, do not obstruct the necessary line -of -sight. Applicant shall provide
a pro -rata fair share of improvements, and be subject to pro -rated reimbursement,
in accordance with Condition No. 38 of the Conditions of Approval.
7. With the development of the site plan for both the retail and residential
components of the project, a traffic signal warrant shall be conducted to
- determine if a traffic signal is required. Signals shall be installed by developer
at both collector road entrances off Brea Canyon Road. Applicant shall pay 8%
of the total cost of such signalization.
8. Prior to the issuance of grading permits the applicant shall illustrate to the
satisfaction of the City Engineer how the following mitigation measures
recommended by either the City or the South Coast Air Quality Management
District to minimize air quality impacts during the construction phase of the
proposed project have been incorporated into project construction guidelines:
a. Apply approved chemical soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded areas
inactive for four days or more).
b. Replace ground cover in disturbed areas per City specifications.
C. Enclose, cover, water twice daily, or apply approved soil binders,
according to manufacturers' specifications, to exposed stockpiles (i.e.,
gravel, sand, dirt).
d. Water active sites at least twice daily.
e. Suspend all excavating and grading operations when wind speeds (as
instantaneous gusts) exceed 25 miles per hour (mph).
f. Monitor for particulate emissions according to South Coast Air Quality
Management District specified procedures: For information call (714)
369-3600.
g. In field trailers, use portable air conditioning units with non -diesel.
h. Sweep streets at the end of day if any visible soil material is carried over
to adjacent thoroughfares (recommend water sweepers which use
reclaimed water).
i. The City may require that gravel be used in unpaved areas utilized as
either construction roads or staging areas for construction equipment.
15
J_ Apply water twice daily for chemical soil stabilizers according to
manufacturers' specifications to all unpaved parking or staging areas and
unpaved road surfaces, if required for dust control.
k. Install wheel washers where vehicles exit unpaved roads onto paved roads,
or wash off trucks and any equipment leaving the site every trip in
designated areas on the site.
1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or
less.
M. All trucks hauling dirt, sand, soil or other loose materials are to be
_ covered and should maintain at least six inches of freeboard (i.e.,
minimum required space between top of the load and top of the trailer;
based upon a level load.
n. Pave construction roads that have a traffic volume of more than 50 daily
trips by construction equipment, 150 total daily trips for all vehicles, for
12 consecutive days.
o. Pave all construction access roads at least 100 feet onto the site from the
main road.
P. Use methanol or low -sulfur fuel pile drivers.
q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule
431.2.
r. Suspend use of all construction equipment operations during second stage
- smog alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange
Counties) or (800) 367-4710 (San Bernardino and Riverside Counties).
S. Use construction equipment that has catalytic convertors (for gasoline
powered equipment).
t. Prevent trucks from idling longer than two minutes.
U. Configure construction parking to minimize traffic interference.
V. Provide temporary traffic control during all phases of construction
activities to improve traffic flow such as providing a flag person to direct
traffic and ensure safe movements off the site as directed by the City
Engineer.
W. Schedule construction activities that affect traffic flow to off-peak hours
(i.e., between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00
PM) with approval from the City.
9. The following mitigation measures are recommended by the SCAQMD to
minimize long-term emissions associated with the project:
a. Use solar or low -emission water heaters.
b. Use Central water heating systems.
C. Use built-in energy efficient appliances.
d. Building and subdivision orientation should be to the north for natural
cooling.
e. Provide shade trees to reduce building heat.
f. Use energy efficient and automated controls for air conditioners.
16
g. Use double -glass paned windows.
10. Construction and maintenance activities, including the repair and maintenance of
equipment, shall conform to and comply with applicable provisions of the City
of Diamond Bar's Noise Ordinance.
11. When feasible, construction equipment shall be stored on-site to eliminate and/or
reduce heavy -equipment truck trips.
12. Prior to the issuance of building permits, the Los Angeles County Sheriff's
Department shall be provided, by the City, the opportunity to review and
comment upon any commercial building plans: (1) to facilitate emergency access;
(2) to assure the consideration of design strategies which facilitate public safety
and police surveillance; and (3) to offer design recommendations to reduce
potential demands upon police services.
13. Project security features which shall be incorporated into the final design may
include: (1) residential dwelling unit and commercial building orientation which
facilitates "neighborhood involvement" activities; (2) exterior security lighting;
(3) well-designed access for police patrols to provide optimum observations; and
(4) illuminated street addresses to ensure visibility from the street for better patrol
observation.
14. The project applicant(s) shall include in a Buyer Awareness package, the
- availability of participation in neighborhood involvement programs established by
the Los Angeles County Sheriffs Department to increase community awareness
and, thereby, help reduce potential crime occurrences in the City.
15. Prior to final tract map approval, the project applicants) shall submit a sewer
study to both the County and City Engineer identifying project wastewater flow
and tributary flow to the existing County trunk and local sewer lines. This study
shall identify: (1) the location, phasing, bonding and details of any proposed
sewer facilities and improvements by street configuration, lot layout and gravity
flow; (2) any current capacity shortfalls of the County trunk and/or City sewer
lines; and (3) specific design recommendations to provide additional lines or
sizing upgrade, if required.
16. The project applicant(s) shall contribute an equitable share of cost, as established
by the City, to fund improvements to the area's main lines, pumping stations, etc.
required as a result of project development, prior to final map approval.
17. The project applicant(s) shall provide to the County Sanitation Districts of Los
Angeles County information regarding the construction and/or building schedule
17
of the project so that the timing of the County Sanitation Districts' expansion may
be coordinated with the project increase in demand.
18. In order to minimize the impact of project development on the County's solid
waste disposal system and to facilitate the attainment of source reduction
standards for the City of Diamond Bar as contained in the California Integrated
Solid Waste management Act of 1989, the project applicant(s) shall: (1) consult
with the City of Diamond Bar, the County Sanitation Districts of Los Angeles
County and the Los Angeles County Department of Public Works regarding
implementation of technologies to reduce and recycle solid waste both during
construction and after completion of the project; and (2) consult with the current
refuse removal collection company(ies) regarding design standards for access to,
location and construction of trash container enclosures in order to facilitate
implementation of automated refuse collection.
19. The project applicant(s) or subsequent homeowners' association(s) shall comply
with those source reduction and recycling and composting requirements as may
be adopted by the City of Diamond Bar in accordance with Assembly Bill 939.
20. The project applicant(s) through the Buyer Awareness program, shall encourage
the segregation of green wastes for reuse as specified under the City's Source
Reduction Recycling Element and County Sanitation Districts waste diversion
policies.
21. The South Pointe Master Plan shall constitute the development standards for
Tentative Tract 51253 (Exhibit "C", Resolution No. 93-20).
22. The project applicant shall first obtain a Hillside Grading Conditional Use Permit
and an Oak Tree Removal Permit prior to issuance of any grading permit.
23. Applicant shall comply with mitigation monitoring program to implement the
required EIR mitigation measures.
18
RESOLUTION NO. PC 93-21
A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF DIAMOND
BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF
ENVIRONMENTAL IMPACT REPORT No' 92-1(SCH92081040) AND APPROVAL OF
A HILLSIDE MANAGEMF,NT CONDITIONAL USE PERMIT AND AN OAK TREE
PERMIT ASSOCIATED WITH THE DEVELOPMENT OF THE SOUTH POINTE
MASTER PLAN AND TENTATIVE TRACT NO. 51253 TO DEVELOP A 21 LOT
SUBDIVISION, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF
PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS
IN SUPPORT THEREOF.
A. Recitals
(1) Sasak Corporation, 858 W. 9th Street, Upland, CA 91785; (the "Applicant"
hereinafter), has heretofore filed an application for approval of a Hillside
Management Conditional Use Permit and an Oak Tree Removal Permit as
described in the title of this Resolution. Hereinafter in this Resolution, the
subject Hillside Management Conditional Use Permit and Oak Tree Removal
Permits shall be referred to as the "Applications".
On April 18, 1989, the City of Diamond Bar was established as a duly organized
municipal corporation of the State of California. Thereafter, - the City Council of
the City of Diamond Bar adopted, by ordinance, the Los Angeles County Code
as the ordinances of the City of Diamond Bar. Titles 21 and 22 of the Los
Angeles County Code, as amended, contain the Development Code of the County
of Los Angeles now currently applicable to development applications, including
the subject Applications, within the City of Diamond Bar.
As a component of the South Pointe Master Plan the application has been
Processed in accordance with Ordinance No. 4 (1992) of the City of Diamond
Bar.
(iv) On October 26, 1992, January 25, February 8, February 22, February 25, March
22, April 12, April 26, April 29, May 10 and May 24, 1993, the Planning
Commission of the City of Diamond Bar conducted a duly noticed public hearing
on the subject matter of the Application.
(vi) All legal prerequisites to the adoption of this resolution have occurred.
b. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
1 • This Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds, and based thereon, recommends that the
City Council so certify, that Environmental Impact Report No. 92-1
(SCH92081040) has been prepared for this project in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
Promulgated thereunder and further that said Environmental Impact Report No.
92-1 (SCH92081040) reflects the independent judgment of the City of Diamond
Bar.
3. The Planning commission hereby specifically finds and determines, and
recommends that the City Council so find and determine, based on the findings
set forth below, that changes and alterations have been required in or incorporated
into and conditioned upon the project specified in the application, which mitigate
or avoid significant adverse environmental impacts identified in said
Environmental Impact Report No. SCH92081040, except as to those effects which
are identified and made the subject of a Statement of Overriding Considerations
which this planning Commission finds are clearly outweighed by the economic,
social and other benefits of the proposed project, as more fully set forth in the
Statement of Overriding Considerations.
4. The Planning Commission hereby recommends that the City Council adopt the
Findings, Facts in Support of Findings, and the Statement of Overriding
Considerations attached hereto as Exhibit "A" and hereby incorporated by
reference.
5. The applicant shall make payment of any and all fees which the Department of
Fish and Game may require to be paid prior to the issuance of any building
permit or further entitlement.
6. Based on substantial evidence presented to this Commission during the above -
referenced public hearings, including written and oral staff reports, public
testimony and the record of the Applications, this Planning Commission hereby
specifically finds as follows:
(a) The Applications apply to a parcel located within the South Pointe Master
Plan area generally described as being situated west of the Orange (SR -57)
Freeway and Brea Canyon Road, east of the corporate boundaries of the
City ('tract No. 27141) and Morning Sun Avenue, north of Pathfinder
Road and the adjacent existing residential area (Tract No. 32576) and
2
south of existing residential and vacant land located southerly of Co,lima
Road.
(b) Surrounding properties' zoning and land use designations are:
East: RPD 10,000 6U/Vacant;
South: RPD 10,000 6U/Vacant;
West: County of Los Angeles/Single Family Residential;
North: R-1 15,000 Single Family Residential
(c) The Applications are for a Hillside Management Ordinance Conditional
Use Permit and an Oak Tree Removal Permit to remove 53 Coast Live
Oaks.
(d) The site is physically suitable for the type of development proposed and
has access to public highways and streets. Further, the property shall be
served by sanitary sewers, provided with water supply and distribution
facilities with sufficient capacity to meet anticipated domestic and fire
Protection needs and shall have geologic hazards and flood hazards
mitigated in accordance with the requirements of the Department of Public
Works of the County of Los Angeles.
(e) As conditioned, the design of the Tentative Tract No. 51253 and of the
Proposed improvements will not cause substantial environmental damage
or substantial and avoidable injury to fish or wildlife or to their habitat,
and while the proposed development will have a significant adverse effect
on oak tree biological resources, mitigation measures have been included
as project conditions to reduce the impact of oak tree loss and a Statement
of Overriding Considerations has been noted on these unavoidable
impacts.
(� Neither the design of the subdivision nor the types of improvements will
cause serious public health problems, since sewage disposal, storm
drainage, public services and geological and soils factors are addressed in
the conditions of approval appended hereto.
(g) The design of the subdivision provides, to the extent feasible, for future
passive or natural heating or cooling opportunities. The design of the
subdivision is based on the size and shape of the parcel.
(h) The proposed subdivision does not contain or front upon any public
waterway, river, stream, coastline, shoreline, lake or reservoir.
3
G) The subdivision and development of the property in the manner set forth
on the map will nor unreasonably interfere with the free and complete
exercise of public entity and/or public utility rights-of-way and/or
easements within the area covered by said map, since the design and
development as set forth in the conditions of approval and on the tentative
map provide adequate protection for any such easements.
(j) The discharge of sewage from this subdivision into the public sewer
system will not violate requirements of the California Regional Water
Quality Control Board pursuant to Division 7 (Sections 13000, et seq.) of
the California Water Code.
(k) The housing needs of the region have been considered and balanced
against the public service needs of local residents and available fiscal and
environmental resources.
7. Based upon substantial evidence presented to the Planning Commission during the
above -referenced public hearing and upon the specific findings of fact set forth
above, pursuant to the provisions of Ordinance No. 4 (1992) of the City of
Diamond Bar, the Planning Commissions hereby finds and determines as follows:
(a) The actions proposed to approve a Hillside Conditional Use Permit and an
Oak Tree Removal Permit has been processed in accordance with the
provisions of Ordinance No. 4 (1992) of the City of Diamond Bar.
(b) The Applications as proposed and conditioned herein comply with all
other applicable requirements of State law and local ordinances.
(c) The approvals granted through this Resolution are contingent upon
approval of Tentative Tract No. 51253 and all its conditions.
8. Based on the findings and conclusions set forth herein, this Planning Commission
hereby recommends that the City Council approve the Applications subject to the
following conditions which are set forth in Exhibit B hereto and are incorporated
by reference.
9. The Planning Commission Secretary is hereby directed (a) to certify to the
Adoption of this Resolution and, (b) forthwith transmit a certified copy of this
Resolution, by certified mail, return receipt requested, to Sasak Corporation, 858
W. 9th Street, Upland, California 91785.
4
Approved and adopted this the 24th day of May, 1993, by the Planning Commission of the City
of Diamond Bar. --
BY:
Bruce Flamenbaum, Chairman
1, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby
certify that the foregoing Resolution was introduced
and adopted at a regular eeti
of the Planning Commission of the City of Diamond Bar hpassedm ng
following vote: on the 24th of May, 1993 by the
following
AYES: COMMISSIONERS: Flamenbaum, Meyer
NOES: COMMISSIONERS: Li
ABSENT: COMMISSIONERS: Grothe, Plunk
ABSTAINED: COMMISSIONERS:
ATTEST:
AA 114
J s DeStefano, Se etary
J4s D
AA,SASAK.6-2
5
PLANNING COMNIISSION RESOLUTIONS
NOS. 93-16, 93-17, 93-18, 93-19, 92-20 & 93-21
EILHIBPI' A
FINDINGS,
FACTS IN SUPPORT OF FINDINGS
AND
STATEMENT OF
OVERRIDING CONSIDERATIONS
regarding
The Environmental Impact Report
for the
South Pointe Master Plan
(SCH. No. 92081040)
May 18, 1993
TABLE OF CONTENTS
FINDINGS, FACTS IN SUPPORT OF FINDINGS AND
STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING
THE ENVIRONMENTAL IMPACT REPORT FOR THE
SOUTH POINTE MASTER PLAN
(SCH. NO. 92081040)
Paye
1.0 INTRODUCTION ........ 1
1.1 State Law ......................................... 1
1.2 Findings.........................................1-2
2.0 FINDINGS REGARDING IMPACTS THAT CANNOT BE
MITIGATED BELOW'A LEVEL OF SIGNIFICANCE ................. 2
2.1 Air Quality ................................. .2-4
2.2 Traffic Circulation . 4-5
2.3 Biological Resources 6-10
2.4 Aesthetics ...................................... 10-11
3.0 POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT
SIGNIFICANT OR WHICH CAN BE MITIGATED BELOW A
LEVEL OF SIGNIFICANCE 12
3.1 Land Use ...................................... 12
3.2 Earth .......................................... 13-14
......
3.3 Water ................................... 14
3.4 Noise .................................. 15-16
3.5 Public Services and Facilities 16-17
3.6 ' Cultural Resources 17
3.7 Effects Found Not To Be Significant 18-19
3.8 Growth Inducing Impacts ............................ 19-20
4.0 FINDINGS REGARDING ALTERNATIVES ...................... 20
4.1 Feasibility and Comparative Environmental
Effects of Alternatives ................................ 20
4.1.1 The No Project Alternative ......................... 20
4.1.2 General Plan Authority Alternative .................. 20-21
4.1.3 Cluster Development ............................. 21
4.1.4 Maximum Development Alternative ..................... 21
4.1.5 Tentative Tract 51253 Design Alternatives ............... 21
4.1.6 Summary of EIR Alternatives Compared
To Project Alternative ....................... 22
4.1.7 Concept Plan Alternatives ........................ 22-23
4.1.8 School Site Alternatives ......................... 23-25
5.0 STATEMENT OF OVERRIDING CONSIDERATIONS .............. 26-28
EXHIBIT A
FINDINGS, FACTS IN SUPPORT OF FINDINGS AND
STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING
THE ENVIRONMENTAL IMPACT REPORT FOR THE
SOUTH POINTE MASTER PLAN
(SCH. NO. 92081040)
1.0 INTRODUCTION
1.1 atate Law.
The State Guidelines ("Guidelines") promulgated pursuant to the California
Environmental Quality Act ("CEQA") provide:
No public agency shall approve or carry out a project for which an Environmental Impact
Report (EIR) has been completed which identifies one or more significant environmental
effects of the project unless the public agency makes one or more written findings for
each of those significant effects, accompanied by a brief explanation of the rationale for
each finding. The possible findings are:
a. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR (hereinafter referred to as "finding (1)").
b. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes have
been adopted by such other agency or can and should be adopted by such other
agency (hereinafter referred to as "finding (2)").
Specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (hereinafter referred
to as "finding (3)").
The required findings shall be supported by substantial evidence in the record.
(Guidelines, Section 15091.)
1.2 Fin in s.
An Environmental Impact Report pursuant to CEQA has been prepared by the City of
Diamond Bar. The EIR for the South Pointe Master Plan ("project") identifies
significant effects on thq environment which may occur as a result of the project.
Section 2.0 of this Attachment identifies the significant environmental effects of the
project which cannot feasibly be mitigated below a level of significance. Section 3.0 sets
forth potential environmental effects of the project which are not significant because of
the design of the project or which can feasibly be mitigated below a level of significance.
- Section 4.0 summarizes the alternatives discussed in the EIR and makes findings with
respect to the feasibility of alternatives and whether the alternatives would lessen the
significant environmental effects of the project. Section 5.0 sets forth a Statement of
Overriding Considerations with respect to the project.
The following sets forth all significant effects of the South Pointe Master Plan including
entitlements for: Tentative Tract Maps, Development Agreements, National Pollution
Discharge permits and Grading Permits and with respect to each effect, makes one or
more of the findings set forth in the Introduction above, states facts in support of such
findings, and, as appropriate, refers to the Statement of Overriding Considerations which
is attached hereto.
The Final Environmental Impact Report ("FEIR") including the Draft EIR, Response to
Comments and Technical Appendices thereto, and the administrative record concerning
the project provide additional facts in support of the findings herein. The mitigation
measures set forth in the Mitigation Monitoring Program area incorporated by reference
in these findings, and the findings in Sections 2.0 and 3.0 refer to individual mitigation
measure as appropriate.
2.0 FINDINGS REGARDING IMPACTS THAT CANNOT BE
MITI 3ATEDBELOW A I PUEL—QF-5—IGNIFICANCE
2.1 AIR QUALITY
2.1.1 Signiicant Effect,
Implementation of the proposed project will result in the generation of both short-term
(i.E., Construction -related) and long-term significant impacts that produce an exceedance
of established South Coast Air Quality Management District (SCAQMD) New Source
Review (NSR) values for a number of the criteria pollutants examined. Based upon the
equipment and grading assumptions identified in the EIR, projected nitrogen oxide
emissions (measured in pounds/day) projected to occur during construction activities will
exceed the established SCAQMD NSR threshold criteria for that pollutant. In addition,
estimated project -related emissions at build -out will exceed NSR values for a number of
criteria pollutants, including carbon monoxide and nitrogen oxides. Ins recognition of
cumulative development activities, which collectively will result in an exceedance of
SCAQMD NSR threshold values for carbon monoxide, reactive hydrocarbons, nitrogen
oxides and particulates (PM,o), in conjunction with the existing "non -attainment" status
of the South Coast Air Basin (SCAB), cumulative air quality impacts have been
determined to be significant.
Findings
The Planning Commission thereby recommends that the City Council makes findings (1),
(2) and (3).
FactFact=pport of Findings
- The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
- against the facts set forth in the Statement of Overriding Considerations.
(1) Mitigation Measures contained in Section 4.6.3 are hereby incorporated by
- reference.
(2) The California Clean Air Act, codified in Section 40412. of the Health and Safety
Code, designates the South Coast Air Quality Management District (SCAQMD)
as the agency principally responsible for comprehensive air pollution control in
the South Coast Air Basin (SCAB), in which the project site is located. In the
SCAQMD's publication Air Quality Handbook for Preparing Environmental
Impact Reports (SCAQMD), revised April 1987) specific new Source Review
(NSR) standards are identified for certain criteria pollutants. Projects whose
projected daily stationary and mobile source emissions exceed those threshold
values may be determined to produce a significant air quality impact.
(3) Subsequent to the preparation of the EIR, the SCAQMD adopted a new CEQA
Air Quality Handbook (SCAQMD, adopted February 12, 1993). Under the new
handbook, the SCAQMD has established two types of air pollution thresholds to
assist local agencies in determining whether the operational phase of any project
would produce a significant effect on the environment, including emission
significance threshold criteria and other additional indicators. Although similar
to those threshold criteria delineated in the 1987 manual, the 1993 standards for
nitrogen oxides and reactive organic gases have been modified. When these new
standards are applied to the project, in addition to those criteria pollutants which
exceed NSR values based upon the 1987 methodology, emissions for reactive
organic gases are projected to exceed recommended threshold values at build -out.
(4) For the purpose of ascertaining project -related and cumulative air quality impacts,
the City has elected to utilize the methodology delineation in the Air Quality
Handbook for Preparing Environmental Impact Reports (SCAQMD, revised April
1987). In addition, project -related comments were solicited from the SCAQMD
by the City for use in the preparation of the EIR. Correspondence from the
SCAQMD, dated August 18, 1992, has been included in the EIR. The SCAQMD
in that correspondence, recommends the use of the 1987 handbook.
(5) When the total daily exhaust emissions from the construction equipment are added
to the estimated fugitive dust emissions, only one of the SCAQMD NSR threshold
values (i.e., nitrogen oxides) would be exceeded. The amount of nitrogen oxides
emissions is more than sevens times the SCAQMD's NSR value; therefore, NOx
emissions represent a potentially significant short-term air quality impact.
Impacts based on NSR threshold levels for carbon monoxide, sulfur dioxide, lead,
particulates and reactive hydrocarbons would not be considered significant (i.e.,
do not exceed NSR threshold criteria).
3
(6) No numerical standards exist with which to evaluate the significance of the
cumulative emissions totals, so the assessment of cumulative impacts must be
made on a qualitative basis. Given the poor background air quality of the South
Coast Air Basin (SCAB), the cumulative impacts of the project, in combination
with other related projects, should be considered significant. Since the
development of the project would generate a significant adverse impact on air
quality (as determined by comparison with NSR threshold values); the cumulative
air quality impact has also been determined by the City to be significant.
(7) Long-term emissions for both carbon monoxide and nitrogen oxides, due
predominantly to motor vehicle traffic generated by the project, are expected to
have a significant impact on regional air quality based upon threshold values
established under the SCAQMD's New Source Review methodology.
(8) The build -out -of the proposed project would use less than one percent of the
growth increments for population, housing and employment in East San Gabriel
Valley planning region as identified by the Southern California Association of
Governments (SCAG) and as contained in the Growth Management Plan (GMP).
On these bases, the proposed project would be consistent with the 1991 Air
Quality Management Plan (AQMP). The GMP provides no quantification of
projected acreage converted to urban uses. As a result, there is no basis provided
to measure the significance of project development from a land use conversion
perspective. It is, however, reasonable to conclude that based upon both the
Projected subregional employment projections and estimated residential
development, the urbanization of the project site would not consume a
disproportionate share of that rural acreage.
(9) The 1991 AQMP provides for regional growth; cumulative impacts are expected
as part of that planned growth. Adherence to the regional plan ensures that
growth will occur at a manageable rate and in balance with appropriate mitigation
measures.
(10) The project includes a balanced mixed-use land use concept which provides
opportunities to work, live and recreate within the boundaries of the planned
community. This land use pattern is supportive of regional air quality
licie
designed to reduce regional vehicular trips and promote a community level js-
housing balance.
(11) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations) incorporated by reference herein.
2.2 Traffic/Circulation
2.2.1 Significant Effect
Based upon cumulative development activities, in combination with ambient traffic
4
volume projections, a number of project area intersections are anticipated to experience
a deterioration in their existing service levels. Although identified roadway
improvements will minimize many of those identified impacts, select intersections will
exhibit LOS E or LOS F levels of service conditions; therefore, cumulative traffic
impacts are considered significant and unavoidable.
Fin_. dings.
The Planning Commission thereby recommends that the City Council makes findings (1)
and (3).
Facts in Support of Findings
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in Section 4.5.3 in the Draft EIR, as augmented
in the Response to Comment document, are hereby incorporated by reference.
(2) In conjunction with this project, the existing access to South Pointe Middle School
will also be changed from Larkstone Drive, as the only vehicular access point,
to include a new roadway through the project site, which will serve as a
secondary means of school access. The existing school access requires motorists
to use a number of local streets before they reach a major arterial (Colima Road).
The circulation system improvements identified under the proposed project would
provide vehicular access directly to Brea Canyon Road and would improve access
for those residents served by Walnut Leaf Drive and Lake Canyon Drive. project
area residents residing immediately north of South Pointe Middle School may
continue to use Larkstone Drive, but other school -related traffic may be re-routed
to the new collector roadway through the project.
(3) A significant portion of the project -related traffic is expected to be pass -by traffic
(i.e., traffic already on the existing street system in route to another destination).
Professional literature indicates that the percentage of pass -by traffic for retail
uses can range from 20 to 50 percent. The proposed open space and park are
expected to serve the local residential neighborhoods; therefore, it is not expected
to generate significant new traffic above that already included in the residential
project -related traffic forecast. Further, peak periods at parks typically occur
before or after the normal evening peak hour and on weekends. The project
traffic forecasts have not been reduced to account for internal project traffic
between the residential and commercial components of the project. In addition,
the mixed land use concept contained within the South Pointe Master Plan
provides an opportunity to reduce vehicular trip making and reliance on the single
occupant vehicle commute trip.
5
- (4) A traffic study was completed in conjunction with development of the EIR. The
traffic study was based on existing traffic count data and included project phasing,
traffic forecasting, impact evaluation (based on traffic generation forecast and
traffic distribution and assignment), intersection analysis and a cumulative impact
assessment.
(5) Although project implementation will not significantly impact the area's roadway
network, cumulative (i.e., related project activities and ambient growth factors)
traffic -related impacts are anticipated to result in a deterioration of existing
service levels, beyond a LOS D threshold criteria, at a number of project area
intersections. Ambient traffic growth anticipated to occur in the project vicinity,
as modeled through the year 2012, will result in Level of Service (LOS) forecasts
of LOS E or LOS F during at least one peak period at the following intersections:
(1) Colima Road/Brea Canyon Cutoff; (2) Colima Road/Lemon Avenue; (3)
Colima Road/Eastbound SR -60 Ramps; (4) Brea Canyon Road/Westbound SR -60
Ramps; (5) Brea Canyon Road/Colima Road; and (6) Pathfinder
Road/Northbound SR -57 Ramps. With or without this project, ambient traffic
growth would result in unacceptable traffic levels at the intersections identified.
(6) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations described in Section 5.0 (Statement of Overriding
Considerations), incorporated by reference herein.
2.3 BIOLOGICAL RESOI1TtCE,S
2.3.1 SiQnifican Effect,
In accordance with the criteria established under Part 16, Chapter 22.56 of the County
of Los Angeles Planning and Zoning Code, 835 trees of the genus Quercus have been
identified within the project boundaries whose size satisfies the criteria delineated therein.
Of those trees, an estimated 768 oak trees (representing 92 percent of the total inventory
of oak trees tabulated) will be removed as result of proposed grading activities on-site.
Although the loss of this existing biotic resource will, in part, be mitigated through the
approval of Development Agreements and issuance of an Oak Tree Permit and
satisfaction of those conditions adopted therewith, the removal of those trees and the
ecosystem created by their presence cannot be mitigated below a level deemed by the
City to be significant.
Findings.
The Planning Commission thereby recommends that the City Council make findings (1)
and (3).
Facts in Support of Findings
The following facts or mitigation measures indicate that although the identified impact
n
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations, incorporated by
reference herein.
(1) Mitigation measures contained in Section 4.4.3 in the EIR, and augmented in the
Response to Comment document, are hereby incorporated by reference.
(2) Project conditions, as contained in the draft Oak Tree Permits for the project, are
hereby incorporated by reference.
(3) The County of Los Angeles Planning and Zoning Code (Part 16, Chapter 22.56
imposes specific restriction on the damaging or removal or oak tree meeting
specific size requirements, imposing upon property owners seeking the removal
of those trees an obligation to obtain an Oak Tree Permit and submit specific
information quantifying existing oak tree resources within the area to be
potentially impacted. In accordance with that code section, an Oak Tree Permit
is established: (a) to recognize oak trees as significant historical, aesthetic and
valuable ecological resources, and as one of the most picturesque trees in Los
Angeles (County), lending beauty and charms to the natural and man-made
landscape, enhancing the value of the property and the character of the
communities in which they exist; and (b) to create favorable conditions for the
preservation and propagation of this unique, threatened plant heritage, particularly
those trees classified as "heritage trees" for the benefit of current and future
residents of the County.
(4) In accordance with City and County requirements, an oak tree inventory of the
project site was conducted for the purpose of identifying, quantifying and
physically tagging those oak trees on-site meeting the criteria outlined in the
above mentioned referenced Oak Tree Permit Ordinance.
(5) Trees were marked with elongate -oval aluminum tags, placed approximately at
breast height on the north side of the largest trunk or where convenient when
access was difficult. In total, 835 oak trees (all coast live oaks) over 3 -inch
diameter at breast height (DBH) were mapped on the site.
(6) In accordance with the Oak Tree Permit Ordinance, those oak trees which are
removed from the site will be replaced, pursuant to specific requirements
identified in the ordinance (e.g., native oak trees of appropriate size at a ratio of
not less than two -to -one). Upon project implementation, replacement trees will
be placed both on-site in accordance with the landscaping plan and off-site in
accordance with a replacement plan acceptable 'to both the pr6ject applicants and
the City.
(7) The loss of mature oak trees associated with this particular site cannot be replaced
or compensated for solely by increasing the number of replacement oak trees
which lack maturity, uniqueness and historic significance. Consequently, the
7
replacement ratio for those oak trees which will be removed as part of this project
may not be as relevant as other mitigation alternatives. Similarly, mitigating the
loss of existing oak trees by planting larger replacement oak trees (i.e., of a size
greater that than required by the Oak Tree Permit Ordinance) will not offset the
potential biological effects associated with the loss of these trees.
(8) It is infeasible to completely avoid this significant effect, due to the economic
social and other considerations described in Section 5.0 (Statement of Overriding
Considerations), incorporated by reference herein.
2.3.2 Si�nificanr F.ff�r
In response to the recent actions by the United States Department of the Interior, Fish
and Wildlife Service, as reported in 50 CFR Part 17 (march 30, 1993), the coastal
California gnatcatcher (Polioptila californica) has been designated a federal "threatened"
species pursuant to the federal Endangered Species Act of 1973 as amended
Although no coastal California gnatcatchers have been identified on-site, in accordance
with the established survey protocol for that species, the preferential habitat for that
species has been identified within the project boundaries (i.e., sage scrub). Since project
development will result in the removal of a majority of that sage scrub vegetative
community now evident on-site, the incremental regional reduction of this planned
community has been determined by the City to constitute a significant effect on the
environment.
Finding_s.
The planning Commission thereby recommends that the City Council make findings (1),
(2) and (3).
Facts in Su ort of Findin S.
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Pursuant to Appendix VGB (Significant Effects) of the State Guidelines, codified
in Section 15000 et seq of the California Code of Regulations (CCR), a project
will normally have a significant effect on the environment if it will "substantially
affect a rare or endangered species of animal or plant or the habitat of the
species". Sections 15380(b)(2)(b) and 15380(c)(2) of the CCR defines "rare or
endangered species" to include "threatened" species.
(2) Sage scrub communities are not presently afforded legal protection under local,
.. State or federal statute. As a result, no mitigation measures or preservation
strategies have been identified in the EIR.
(3) Based upon current scientific studies conducted on the project site, the coastal
California gnatcatcher has not been identified as a current inhabitant of the project
site. Reduction in the acreage of on-site sage scrub habitat will, therefore, not
directly impact that listed species.
(4) The Department of the Interior has proposed a Section 4(d) Special Rule to define
the conditions associated with certain land use activities under which "incidental
take" of this listed species would not be a violation of the ESA. The proposed
Section 4(d) Special Rule provides for the proactive conservation of sage scrub
habitat to protect the gnatcatcher, as well as other sensitive or listed species which
utilize that vegetative community for all or a potion of their habitat requirements.
The existing Natural Communities Conservation Plan (NCCP) program, enacted
in Assembly Bill 2172 and designed to provide an alternative to listing of
individual species under the ESA, may become the mechanism for establishing
a multi -species conservation program and allowing "incidental take" of the
gnatcatcher as well as other species which could be listed in the future.
(5) The Scientific Review Panel (SRP) of the NCCP program has concluded that
large-scale loss and fragmentation of sage scrub habitat is primarily responsible
for the gnatcatcher's decline.
(6) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations) incorporated by reference herein.
2.3.3 Sienificant Effect.
Project implementation will result in the removal of a majority of existing on-site
vegetation, with a concomitant impact upon those animal species which presently utilize
the project site for all or a portion of their habitat needs.
Findings.
The Planning Commission thereby recommends that the City Council make findings 0
and (3).
Facts in Fvort of FindinQc.
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in Section 4.4.3 in the Draft EIR, as augmented
by the Response to Comments document, are hereby incorporated by reference.
E
- (2) The City's Master Environmental Assessment (City of Diamond Bar, July 14,
1992) identifies all or a portion of the project site as a "site of local concern",
indicating that the site contains biological resources of potential local significance.
No preservation strategy or mitigation measures are, however, provided or
recommended in that assessment or found elsewhere in other local public policy
documents.
(3) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations.
2.4 AESTHETICS
2.4.1 Significant Effect.
Project development will physically alter the project site and change its existing visual
character from a natural open space area to a property more characteristic of other
residential and no -residential development within the City. Grading and associated
development activities will result in the removal of existing native and non-native
vegetation and result in the introduction of more ornamental landscape improvements;
existing landform features, including prominent canyon and ridgeline areas, will be
significantly altered to accommodate proposed development activities. Based upon both
the size of the project and the extent of proposed grading activities, the City has the size
of the project and the extent of proposed grading activities, the City has determined that
this physical change constitutes a significant effect upon the environment.
Findings.
The Planning Commission thereby recommends that the City Council make findings (1)
and (3).
Facts in SunDort of Findings•
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in Section 4.10.3 in the Draft EIR are hereby
incorporated by reference.
(2) The proposed South Pointe Master Plan contains numerous hillside development
and landscape standards which will further minimize the potential aesthetic
impacts associated with the removal of existing vegetation and natural slope areas.
(3) The preservation of open space areas and the dedication and improvement of a
10
-- public park within the project boundaries will result in the retention of natural
elements on-site and provide visual relief and contrast to those urbanized areas
which will be developed pursuant to the proposed development plan.
(4) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations), incorporated by reference herein.
11
3.0 POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT SIGNIFICAI
WHICH CAN BE MITIGATED BELOW
LEVEL OF
The Planning Commission has determined that the following potential environmental
effects will not be significant, for the reasons stated below.
3.1 Land Use
3.1.1 Potential Effect.
Project approval, which includes the adoption of a master plan will result in the
subsequent development of the project area to accommodate single-family residential
units, commercial/office use, a neighborhood park serving the western area of the
community and associated street improvements. These actions will result in both the
physical alteration of the project site and the introduction of new residential, recreational
and commercial/professional land uses upon the subject property. In addition, project
implementation will facilitate the effectuation of the facility plan for the South Pointe
Middle School.
Findings.
The Planning Commission hereby makes finding (1).
Facts in Support of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.1.3 are hereby incorporated by
reference.
(2) Residential uses are proposed in the northeast (i.e., Tentative Tract No. 32400)
and westerly (i.e., Vesting Tentative Tract No. 51407) portions of the site.
These uses adjoin existing residential development and/or residentially designated
areas and are proposed at densities compatible with those existing uses.
(3) The proposed park site and residual open space area represents a compatible (and
complementary) land use to both the proposed residential development and
existing school facility.
(4) Wildland fire hazards (associated with those open space areas currently on site)
will be minimized or eliminated through the reduction in fuel loading, improved
access and extension of water system (fire flow) improvements on-site; thereby
improving health and safety conditions affecting both adjoining areas and future
on-site uses.
12
(5) Adoption of the South Point Master Plan, either as proposed or as subsequently
revised by the City, will result in the avoidance of any potential inconsistencies
between the proposed project and the land use policies of the City as reflected in
the City of Diamond Bar proposed General Plan and Zoning Ordinance.
(6) The Master Environmental Assessment includes policy statements supporting the
preservation of Sandstone Canyon, neither the City of Diamond Bar proposed
General Plan . nor Zoning Ordinance contain land use plans or mechanisms to
promote the open space preservation of Sandstone Canyon. As a result,
development of the subject property to support an urban land use would be
consistent with existing public policies.
(7) As mitigation for the loss of open space area, the project applicant(s) shall be
required to dedicate and develop a 28 ± acre site within the project boundaries
for active and/or passive recreational pursuits. In recognition of established
- deficiencies in available recreational opportunities throughout the community, the
expansion of active recreational uses (e.g., ball fields) within the project area will
address identified park demands to a greater extent than can be provided through
the site's retention as an open space (passive recreational) resource.
(8) The proposed development plan will locate future commercial/office uses in close
proximity to those residential uses which will be developed on-site, the
construction of a noise barrier (as proposed), the incorporation of landscape
treatment along the perimeter of the commercial site and the screening of light
sources emanating from that non-residential use will mitigate potential land use
conflicts to a level which is not significant.
3.2 Furth (Soils. Geology. Seismicity,)
3.2.1 Potential Effect.
Implementation of the proposed development will require landform alterations affecting
most of the project area and includes a portion of the existing South Pointe Middle
School site.
Findings.
The Planning Commission hereby makes finding (1).
Facts in Support of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
,. (1) Mitigation Measures contained in Section 4.2.3 are hereby incorporated by
reference.
13
(2) There are a number of existing geologic constraints which presently affect both
the project site and adjoining residential areas. Implementation of the proposed
project will result in the elimination of these existing unstable landform
conditions, thereby minimizing threats to geological hazards for both existing and
future City residents and employees.
(3) project development will not impose unique seismic hazards other than as
typically associated with the seismically active Southern California area.
Development activities conducted in accordance with project -specific geotechnical
recommendations contained in the project geotechnical reports, sound engineering
practices and those development standards (e.g.., Uniform Building Code
requirement) in force at the time that those activities occur, will reduce potential
geologic, geotechnical and seismic impacts to a level which is not significant.
3.3 Water (Hydrology),
3.3.1 Potential Effect.
project implementation will result in a change to existing drainage patterns, increase the
quantity of clear flow and decrease the quantity of bulk flow through the introduction of
impervious surfaces (preventing or minimizing infiltration) and potentially decrease the
quality of existing surface waters through the introduction and conveyance of particulates
and other pollutants (e.g., oil) which may be deposited on project area roadways.
Surface flows, which presently follow natural drainage patterns influenced by site
topography, will be redirected along project area streets and through on-site drainage
conduits.
Findings.
The Planning Commission hereby makes finding (1).
Facts in Support of Findings
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.3.3 are hereby incorporated by
reference.
(2) Although conveyance pathways will change as a result of grading activities and
storm drain improvements, grading activities and project improvements will not
result in a major reorientation of the direction of surface flows or changes in the
existing points of off-site discharge.
(3) The project's proposed drainage plan is designed to accommodate both existing
and projected flow characteristics and to safely convey storm flows.
14
3.4 Noise.
3.4.1 Potential Effect.
Short-term noise, as it relates to land development and land use, is caused by
construction activities. The construction phase is primarily comprised of two major
-- activities: site preparation (which includes all earthwork) and building construction. It
is estimated that locations at distances of 100, 200 and 500 feet from the boundary of the
project site may receive very sporadic maximum noise levels of 84, 78 and 70 dBA,
respectively. Furthermore, assuming that the exterior shell of existing residential
dwellings provide a noise reduction of 24 decibels (with windows closed), interior noise
levels of 60, 54 and 64 dBA, respectively, may be assumed in the residential interiors
located at comparable distances from grading activities. Long-term noise impacts are
generally associated with both increases in motor vehicle traffic and operational
characteristics (e.g. equipment sources) associated with a particular land use. As
identified in the traffic analysis herein, development of the project will increase the
traffic volumes within the project vicinity. However, in recognition of the proposed land
uses (i.e., residential, commercial) no unique operational characteristics have been
identified which constitute a significant noise source. The project site is adjacent to the
SR -57 freeway which could generate noise levels incompatible with future residential
land uses.
Findings.
The Planning Commission hereby makes finding (1).
Facts in Support of Findings
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.7.3 are hereby incorporated by
reference.
(2) To minimize noise levels in the vicinity of the Orange (SR -57) Freeway,
additional noise attenuation will be required for those residential receptors located
in proximity to that noise source. The project includes construction of a noise
wall/berm which will mitigate noise from the 57 freeway to acceptable levels.
15
(3) Although changes on on-site noise levels will be perceptible at a majority of noise
receptor locations analyzed, future noise levels at those locations will continue to
fall below the levels established under the City's noise guidelines.
3.5 Public Services and Facilities
3.5.1 Potential Effect.
Increased population (resulting from the project) will result in an increase in service
demands, traffic and emergency calls and associated law enforcement activity both
internal and external to the project boundaries. The project site is presently designated
as a wildland fire hazard area. Site clearance, grading and subsequent development
activities will potentially reduce the existing fire hazards in this area. Since there are
currently no sewer lines within the project area, project implementation will require the
extension of existing services onto the site and the development of new sanitary sewer
facilities throughout the project area. Wastewater generated from both residential and
non-residential uses will be transported by local sewers to facilities operated by the
County Sanitation Districts. Wastewater generated by the project will be discharged into
local sewer lines and conveyed to the Diamond Bar Trunk Sewer. As a result of project
development, including both the removal of vegetation during the grading phase, the
generation of building wastes during construction operations and the creation of
residential/commercial and "green wastes" resulting from the use and habitation of the
project site, additional solid wastes will be generated from on-site activities which will
require subsequent disposal in an approved sanitary landfill. Development of the project
will result in the introduction of additional residents to the City of Diamond Bar. Those
residents will impose additional demands on local and regional parks and recreational
areas. This demand will further exacerbate an identified shortfall of recreational
amenities within the City boundaries. As a result of the introduction of additional
residential dwellings, the project will directly result in an increase in the number of
- students within the Walnut Valley Unified School District.
Findings.
The Planning Commission hereby makes finding (1) and (2).
Facts in Support of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Sections 4.8.1.3, 4.8.2.3, 4.8.3.3, 4.8.4.3,
4.8.5.3, 4.8.6.3 are hereby incorporated by reference.
(2) Although project implementation will introduce both additional residential and
commercial/office uses to the project area, both the Los Angeles County Sheriff's
Department and California Highway Patrol have indicated that project
implementation will not adversely impact either existing facilities or future service
16
demands upon those agencies. As a result, project development will not
significantly impact police protection services within the Diamond Bar area.
' (3) project implementation will reduce, in part, identified wildland fire hazards
identified in the project area. Additionally, improvements to the area's roadway
network will improve emergency vehicle access to the project site and
surrounding areas. As a result, project implementation will beneficially impact
the ability of the Los Angeles County Fire Department to provide fire protection
and paramedic services to the project area.
(4) Based on current available capacity of the San Jose Creek Water Reclamation
Plan (WRP) and Joint Water Pollution Control Plant (JWPCP) including planned
expansion, projected project -related and cumulative impacts upon county
wastewater facilities is not anticipated.
(5) Although a regional landfill capacity deficiency has been identified, County solid
waste planners are actively pursuing the identification and entitlement of new
facilities. Similarly, under AB 939 source reduction and recycling strategies have
been adopted by the City of Diamond Bar to divert solid wastes which would
otherwise be disposed of at local sanitary landfills.
(6) Development of the project will provide additional recreational opportunities
within the City. Since proposed park dedication acreage is greater than that
identified by existing and proposed dedication requirements, project development
will produce a potential beneficial impact upon community -wide recreational
resources.
(7) Although project development will increase the number of students attending
areawide schools and further exacerbate existing demands placed upon affected
school facilities, project development will facilitate expansion plans proposed at
the South Pointe Middle School through the elimination of existing physical
constraints to that expansion. Similarly, proposed street improvements will
improve vehicular access to that facility. Since proposed expansion will result in
an increase in school capacity and since project -related contributions to school
populations will not result in an exceedance of that capacity, areawide school
impacts will not be significant.
3.6 Cultural Resources (Archaeology/Pal eon to]ogy).
3.6.1 Potential Effect.
Since a reasonably thorough investigation has failed to. reveal the presence of any
potentially significant cultural resources;withia ft*IJudy', a, project implementation
will not result in a significant impact upon -either pr�histond' or historic resources. The
subject area contains paleontological resources from Miocene sedimentary units. The
rock units exposed on the site are considered to be of high paleontologic sensitivity and
are known to contain fossils adjacent to the proposed development area.
17
Fin in
The Planning Commission hereby makes finding (1).
Facts in Support of Findings
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.9.3 are hereby incorporated by
reference.
(2) Since a reasonably thorough investigation has failed to reveal the presence of any
potentially significant cultural resources within the study area, project
implementation will not result in a significant impact upon either prehistoric or
historic resources.
(3) The site can be developed and still protect the paleontological resources of the
area if adequately mitigated. Implementation of appropriate mitigation measures
as included in Section 4.9.3 will reduce project -related impacts to a level which
is not significant.
3.7 Effects Found Not to be Significant
Based upon the findings of the Initial Study, a number of topical environmental issues
_ were determined either to be: (1) inapplicable to the proposed project based upon either
the nature of the project or the absence of any potential impact upon that topical issue;
or (2) impacted to a degree deemed by the City to be not significantly and, therefore, not
-- warranting further consideration in this environmental analysis. Environmental impacts
considered initially not to be significant are listed below.
• Groundwater Resources Although grading activities will be required to facilitate
site development, excavation activities associated with those grading operations
are not projected to occur at depths sufficient to intercept or disrupt existing
groundwater resources in the project area. Similarly, as a result of both the
nature of proposed land uses (i.e., residential, commercial) and applicable permit
requirements (e.g., NPDES permit), surface water dischargers to regional storm
drain conduits will not contain contaminants to a degree sufficient to adversely
affect existing water quality in both surface and subsurface water bodies.
• Natural Resources. project implementation will not significantly increase the
consumption of any renewable or non-renewable natural resource, significantly
increase the localized demands for that resource(s) or adversely affect either the
distribution of recovery of any resource.
• Risk of Upset. project implementation will not result in the imposition of
18
significant risks to public health and safety, adversely affect emergency plans or
planning activities or result in the introduction of hazardous or volatile materials.
- • Light and Glare Although project implementation will result in the introduction
of new sources of light and glare onto the project site (e.g., street lighting,
building illumination, vehicular traffic), no sources of light or glare other than
traditionally associated with residential and commercial development (and typical
of other like projects in the Southern California area) will be introduced onto the
project site.
•Utilities. Based upon consultation with individual service providers, the ready
availability of service systems and the projected growth parameters of those utility
purveyors, adequate electrical service (Southern California Edison), natural gas
service (Southern California Gas Company) and telephone service (General
Telephone) exists within the project area.
3.8 Growth Inducing Impacts.
CEQA requirements for the analysis of growth impacts differ significantly from
requirements for the analysis of environmental effects. Growth is not to be treated as
an adverse environmental effect. The CEQA Guidelines specifically provide that "(it
must not be assumed that growth in any area is necessarily beneficial, detrimental, or of
little significance to the environment." (CEQA Guidelines 15126, sub(g).) In the
context of CEQA's treatment of effects on growth, the Planning Commission finds that
the project will not affect growth. The majority of future residents are anticipated to be
drawn from.other areas within Los Angeles and Orange Counties. In recognition of the
cost of housing within the Southern California area, the majority of prospective home
purchasers are assumed to be already employed within the region and the selection of the
project site (as a site for residency) will be based upon both the value of the resulting
housing product and perceptions concerning acceptable commuting distances from that
place(s) of employment. Similarly, the construction techniques required for project
development are in common practice throughout the construction industry. An adequate
labor force for each of the construction trades presently exists within the region. As
such, regional in -migration based upon the project's residential component is expected
to be minimal. Although new employment opportunities will directly result from the
introduction of commercial/office use on-site and a limited number of additional jobs may
indirectly result from both the construction of the project and the service requirements
imposed by new project area residents, the size of the existing labor pool located in
reasonable proximity to those employment opportunities suggests that any in -migration
required to fill those jobs would be limited. ]Based upon the employment generation
assumptions presented in the DEIR, -the projeci is Aic*ated to generate an estimated
464 ne'w job opportunities within the subregion. As a result of those projections, the
job/housing ratio associated with the proposed project is 2.32 (i.e., 464 jobs/200 units).
This figure exceeds the adopted regional goal and will facilitate subregional objectives
to encourage job growth. projects which support regional growth objectives (e.g.,
job/housing balance goals) are consistent with the GMP. Based upon that consistency,
the project should not be perceived as growth -inducing. The extension of streets and
19
other infrastructure improvements into the site will not contribute to growth beyond the
project boundaries. The construction of local and collector streets and associated
infrastructure improvements are undertaken in response to development pressures rather
than contribute to them. Proposed General Plan policies and regional infrastructure
improvements have a greater likelihood of influencing growth. The project will not
produce localized demands for goods or services which are not presently provided within
the region, result in the removal or elimination of existing barriers to project area
development or encourage additional development peripheral to the project site. Based
upon the absence of these factors, project implementation will not produce growth -
inducing impacts.
4.0 FINDINGS REGARDING ALTERNATIVES
This section presents findings regarding alternatives to the project. The section provides
a summary and discussion of the feasibility of the five base alternatives for the South
Pointe Master Plan, concept plan alternatives and design alternatives for Tentative Tract
51253. The five base alternatives include: no project alternative, development under
proposed General Plan and zoning, reduced project size, and cluster development.
4.1 Feasibility and Comparative Environmental
Effects of Alternatives
4.1.1 No project Alternative (Open Space Preservation)
The Master Environmental Assessment contains a number of policies supporting the
preservation of existing open space resources within the City for both their aesthetic and
biological value. In reference to those policies, "Sandstone Canyon" (which includes a
portion of the project site) is identified as an area of potential preservation. In
conformance with those policies the "no project" (i.e., no development) alternative
assumes that the project site would be retained as a community open space resource.
The no project alternative would avoid most, if not all, of the adverse impacts associated
with development of the project. Nonetheless, this alternative has been rejected because
it does not meet the project objectives and is not consistent with the City's proposed
General Plan for specific economic, social and other considerations.
Under this alternative, development rights to the project would be conveyed (through
either public acquisition or implementation of a transfer of development rights).
Without public intervention and in recognition of existin& market forces, there is little
likelihood that the site would be retained in its existing condition. The' proximity of
adjoining residential and commercial land uses, the ready availability of existing
infrastructure improvements and the land use policies contained in both the city of
Diamond Bar proposed General Plan and Zoning Ordinance all positively influence the
site's subsequent urbanization. Based upon these factors, the "no project" option should
not be considered a feasible alternative without public and/or private participation.
4.1.2 General Plan Authority Alternative
20
The project site includes a number of proposed General Plan designations, including
Planned Development (Low Density Residential), Planned Development (Low -Density
Residential, Park, Open Space, General Commercial), School, Park and Water (Facility).
In accordance with those designations and corresponding public policies, allowable land
uses and densities for the subject property were defined.
Development of the project site in accordance with the land use policies presented in the
proposed General Plan would authorize the intensification of the project area to a greater
extent than that proposed under the South Pointe Master Plan. In general this alternative
would create greater impacts in each environmental category than the project alternative.
4.1.3 Alternative Site Plan - Cluster Development
Under this alternative, development is restricted to those areas of the site which would
produce the least impact to Sandstone Canyon. Development would occur only along
Brea Canyon Road (in the vicinity of the Walnut Valley Water District site) and in the
western area of the site. Under the cluster development concept Enclave 1 consists of
5,000 square foot postage stamp lots, Enclave 3 contains attached townhomes (14-20
dwelling units per acre) .with extensive use of retaining walls and Enclave 4 consists of
2.5 acres of commercial land uses.
Preservation of Sandstone Canyon through this land use concept introduces high density
residential development patterns which are not consistent with the character of existing
neighborhoods and reduces the commercial development potential of land with freeway
visibility to a minimum, thereby not fulfilling City objectives associated with increasing
employment opportunities and the sales tax revenue base. This alternative would reduce
impacts to biological resources, however, impacts with regard to land use (compatibility
with adjacent development) and aesthetics (use of extensive retaining walls) would be
greater. In addition, this alternative would not support objectives of the proposed
General Plan related to developing an economically solvent community and capturing
freeway oriented business opportunities, therefore this alternative has been rejected.
_ 4.1.4 Maximum Development Alternative
Under this alternative the project site is further intensified through both the introduction
- of additional single-family detached dwelling units and by further expanding the acreage
allocated for commercial/office uses. A total of 220 residential units and an estimated
302,960 square feet of non-residential use would be developed under this option. This
alternative would result in greater impacts than the project alternative.
4.1.5 Tentative Tract No. 51253 Alternatives
A separate tentative tract map (i.e., Tentative Tract No. 51253) has been filed on the
6.87± acre property located in the northwestern corner of the project site. Development
alternatives for this site were analyzed in the EIR. These alternatives did not
substantially alter the impact assessment.
21
4.1.6 Summary of EIR Alternatives Compared to project Alternative
In selecting between project alternatives, there is not a single solution which minimizes
environmental impacts and maximizes public benefits for each of the topical issues
addressed under this environmental analysis. For example, while the "no project"
(preservation) alternative minimizes or avoids many of the adverse environmental effects,
that alternative requires the development of alternative solutions to remove and dispose
of the surplus soil presently stockpiled on the South Pointe Middle School site, reduces
job opportunities as encouraged under the Growth Management Plan (SCAG, February
1989) and may inhibit the City's goal to expand active recreational opportunities
throughout the community.. In addition, the "no project" alternative is inconsistent with
the proposed General Plan Land Use Map and would require the adoption of a proposed
General Plan amendment identifying the site as permanent open space.
In relation to density reduction alternatives, according to Section 15092 of the State
CEQA Guidelines, alternatives which provide a reduction in project density should only
be considered if there does not exist another mitigation measure or measures which will
provide a comparable level of mitigation. Referencing those guidelines, "with respect
to the project which includes housing development, the public agency shall not reduce
the proposed number of housing units as a mitigation measure if it determines that there
is another feasible specific mitigation measure available that will provide a comparable
level of mitigation." The mitigation measures provided in the DEIR provide a
comparable level of mitigation for the project alternative.
4.1.7 Concept Plan Alternatives - The concept plan alternatives would result in impacts similar
to those identified for the project alternative.
Concept Plan No.
Concept Plan No. 1 includes the development of roadway linkages between Larkstone
Drive and Brea Canyon Road and Morning Sun Avenue and Brea Canyon Road as
proposed in the South Pointe Master Plan. Access between Enclaves 3 and 4 is provided
_ by a stubbed street. Under this concept plan, a conceptual park plan is provided. That
park includes two baseball diamonds and a football field, two independent parking areas
and other minor improvements are located southerly of the proposed collector road.
Concept Plan No. 2
The linkage between Larkstone Drive and the proposed internal roadway connecting
Morning Sun Avenue and Brea Canyon Road was modified to accommodate only
emergency access. A turnout (illustrated by a loop road) is provided from the proposed
collector road to facilitate drop-off and/or pick-up of students attending the South Pointe
Middle School.
The commercial site plan is modified to reflect two primary points of ingress and egress
(including additional emergency access from Tentative Tract No. 32400), allowing
vehicular access from both Brea Canyon Road and the proposed internal collector road.
22
Commercial uses are situated within the quadrants formed by that access with additional
circulation provided by a peripheral driveway.
Concept Plan No.
Under this concept plan, no direct vehicular linkage is provided between Larkstone Drive
and Brea Canyon Road (although access continues to exist between Morning Sun Avenue
and Brea.Canyon Road). Vehicular access to the school site is, however, provided from
Brea Canyon Road by way of a local collector street. That collector provides access to
a cul-de-sac adjoining South Pointe Middle School, offering ingress -egress to on-site
parking and drop-off/pick-up opportunities for school-age children. The cul-de-sac
further services a single centralized parking area for the proposed park site.
In order to create a large area for organized recreational activities, the alignment for the
collector street is re -oriented in a southerly direction. In relocating that roadway, a
larger playing field can be provided (i.e., three baseball diamonds, soccer field) and an
outdoor amphitheater included as a potential on-site amenity. In addition, Collector "A"
provides ample on -street parking opportunities for park users.
Under this concept access between commercial land uses (Enclave 4) and park lands is
enhanced. In addition, Enclaves 4 and 5 (commercial and open space) are visually and
physically linked through reduction in grade differential.
Concept Plan 3 provides increased pedestrian safety by providing improved access
between commercial structures and supporting vehicular parking areas.
Concept Plan No. 4
Under this concept plan, the internal collector road (i.d., Street "A") connecting Morning
Sun Avenue and Brea Canyon Road has been realigned in a northerly direction to
position the eastern segment of that roadway between Enclave No. 3 (i.e., Tentative
Tract No. 34200) and Enclave No. 4 (i.e., commercial/office use). This layout may
increase traffic noise due to street grade, for Enclave 3 residences which back-up to
Collector "A". This design concept increases both the physical separation between those
residential and non-residential uses and increases the park acreage potentially usable for
active and/or passive recreational pursuits. By limiting street frontage in the vicinity of
the proposed park site, vehicular access opportunities to that future park area may,
however, be reduced. In addition, this street layout tends to isolate the park/open space
acreage as opposed to making the parkland the center of the South Pointe community.
4.1.8 School Site Alternatives
Implementation of the proposed development will require landform alterations affecting
most of the project area and including a portion of the existing South Pointe Middle
- School site.
Fill materials for Enclave 3 will be derived in part from the existing school site which
23
adjoins the project. In recognition of this proposed off-site grading, the area
encompassing the South Pointe Middle School (i.e... approximately 32 ± acres) has been
included in the "total master plan area."
This component of the proposed grading plan was previously addressed in the Final
Environmental Impact Report for the Walnut Valley Unified School District School Site.
In describing the proposed school site project, the referenced environmental document
indicated that the school project "consists of a 30.64 acre school site which will involve
997,000 cubic yards of grading, and adjacent TT (Tentative Tract No.) 32400 and
800,000 cubic yards of grading. The dirt from the hills of the school site will be pushed
west into the valley which lies in between the school site and the tract." That
environmental assessment further states:
"The (South Pointe Middle School) project will be constructed by typical hillside grading
operations (i.e., the excavation of hilltops and filling in of depressions in areas proposed
for development). (In this case, however, the grading pattern is more dramatic, because
of the steep hills and deep valleys.) The alteration of this particular landform will
involve a total of 1.8 million cubic yards of grading for the entire project area (school
- site plus Tentative Tract No. 32400 tract). This entails 997,000 cubic yards for the
school, and about 800,000 cubic yards for the tract. The maximum depth of fill is
estimated at 100 feet."
"The easterly adjacent fill disposal site will receive excess soil materials derived from
the school site grading. Compacted fill materials derived from the school site grading
(sic). Compacted fill materials will be placed within the major north to south trending
natural drainage course in thickness varying up to 60± feet. A 2:1 fill slope is also
proposed at the southerly end of the canyon to a height of up to 80± feet. Grading is
not planned at the present time in peripheral areas located beyond the canyon. Tentative
Tract (No.) 32400 is ultimately proposed within the fill disposal area."
No project (South pointe Middle School)
If a "no project" alternative is selected for the site then an alternative plan would be
required to dispose of the surplus (stockpiled) soil presently on the South Pointe Middle
School site. As proposed, as part of the project, the stockpiled soil will be used within
the project boundaries. Under a "no project" alternative the surplus soil would require
off-site exportation to an approved depository. In addition, depositing the soil at an
alternative site could require an addendum or supplement to the South Pointe Middle
School FEIR prepared by the Walnut Valley Unified School District. The additional time
to prepare the revised EIR (six months) and cost would be borne by the School District.
The need for additional environmental analysis under a "no project" alternative is based
on a substantial increase in construction related environmental impacts associated with
removal of the stockpiled dirt.
If the stockpiled dirt were disposed of at a sanitary landfill it would impact landfill
capacity. In addition, the transportation of the soil to the landfill or alternative
24
development site would require 20,000 truck trips (average disposal truck can hold 20
cubic yards). If disposal occurred over a one year period and you consider that
construction activity occurs only during weekdays, then one could anticipate
approximately 150 truck trips to occur each day for a year. These trucks would emit
noise and air pollutants traveling back and forth from the disposal site. If the trucks used
local residential streets then adjacent residential neighborhoods would be impacted. If
a haul road was created through the project site there would be an increase in PM10
emissions.
25
5.0 STATEMENT OF OVERRIDING CONSIDERATIONS.
The South Pointe Master Plan EIR indicates that if the South Pointe Master Plan is
implemented, certain significant effects may be unavoidable. However, if the benefits
of a proposed project outweigh the unavoidable adverse environmental effects, the
adverse environmental effects may be considered "acceptable." The Planning
Commission finds the unavoidable significant effects described in Section 2.0 are
acceptable and alternatives with less significant environmental impacts are not preferable
as described in Section 4.0, due to the following overriding considerations.
5.1 The project will result in the provision of substantial amenities to the City. The
following is a list of amenities that will be provided to the City as a result of the project:
A. The project includes the dedication of 28+ acres of neighborhood park land. The
park land dedication exceeds the park dedication ratios established by the City and
therefore helps off -set the City's current parkland per resident ratio shortfall.
B. In addition to the 28+ acre park dedication, the project includes several open
space additions. Two adjacent and permanent open space areas in the east and
west of the project will be maintained by the Homeowners Association. The total
of the open space areas will provide for the protection of natural resource values.
South Pointe Middle School consists of 32 acres, of which half will be devoted
to active open space uses. Total Park/Open Space acreage within the South
Pointe Master Plan will approximate 91 acres.
C. Transfer of an undeveloped parcel of land of approximately 2.87 acres (i.e.,
Larkstone Park) from the City of Diamond Bar to the Walnut Valley Unified
School District for inclusion within South Pointe Middle School.
D. Expansion of the South Pointe Middle School and the implementation of that
facility plan through the finalization of both land acquisition and the grading plan
for that site.
E. Improvement of the localized circulation patterns by enhancing access
opportunities to South Pointe Middle School. By improving access to both school
users and emergency vehicles, public health and safety considerations and
emergency response planning will be enhanced.
F. Reduction of existing wildland fire hazards now evident on-site.
5.2 The project will result in the provision of substantial land use benefits to the City. The
following is a list of land use benefits that will result from development of the project:
26
A. The comprehensive planning associated with the project will ensure that the site
is developed in harmony with the City's image as a well planned and aesthetically
pleasing environment. The project will consist of single family land uses which
are compatible with the project's residential neighborhood setting and a
commercial land use component which takes advantage of the site's proximity and
visibility from the Orange (SR -57) Freeway.
B. Although development of the project will result in the disturbance of the
ecological areas located on the site, the developer will be required to restore,
- enhance and preserve the undeveloped areas of the site and will be required to
replace oak trees at a two -to -one ratio and replace wetland values through the
obtainment of a 404 permit and 1601 agreement.
C. Expansion of existing housing opportunities in fulfillment of the development
objectives of the City of Diamond Bar proposed General Plan.
D. Expansion of employment opportunities in furtherance of the regional job/housing
balance objectives identified in the Southern California Association of
Governments (SCAG) Growth Management Plan.
E. Maintenance of the integrity of residential neighborhoods by minimizing through
traffic through existing residential neighborhoods.
F. Designation of adequate lands for retail and service, commercial, professional
services and other employment generating uses in sufficient quantity to meet the
City's needs.
G. Provision of joint development of school/park sites.
H. Provision of a mixture of complementary development types (e.g., residential,
recreational, sales tax and employment -generating uses) in an integrated manner.
I. Provision of hillside development which is consistent with the City's hillside
management ordinance and compliments existing adjacent residential character.
- 5.3 The project will result in substantial financial benefits to the City. The following is a
list of financial benefits that will result from development of this project:
A. Creation of an economically viable site plan, allowing for the development of
public recreational facilities and conveyance of other community benefits to the
City. Project implementation will further community-based public facility
objective, expand the inventory of public lands and augment the City's asset
management program.
B. Creation of a number of commercial parcels totaling approximately 31 acres.
upon recordation of the final maps, a portion of the commercial acreage will be
conveyed to the City of Diamond Bar for its subsequent use or disposition.
27
C. The development of the commercial parcels will bring sales tax revenues to the
City. In addition, the construction of the development will increase property tax
revenues to the City and other taxing entities.
NEZ
PLANNING COMMISSION
RESOLUTIONS NOS. 93-17, 93-19 & 93-20
EXHIBIT C
SOUTH POINTE PLANNED COMMUNITY
ZONING REGULATIONS
AND
DEVELOPMENT STANDARDS
PREPARED FOR
THE CITY OF DIAMOND BAR
Prepared by:
THE PLANNING ASSOCIATES
3151 Airway Avenue, Suite R-1
Costa Mesa, California 92626
TABLE OF CONTENTS
PAGE
SECTION I
STATISTICAL ANALYSIS
1
SECTION II
NOTES
2
SECTION III
PERMITTED USES AND DEVELOPMENT STANDARDS -
9
RESIDENTIAL GROUP
SECTION IV
PERMITTED USES AND DEVELOPMENT STANDARDS -
11
INSTITUTIONAL AND OPEN SPACE GROUP
SECTION V
PERMITTED USES AND DEVELOPMENT STANDARDS -
12
COMMERCIAL/OFFICE GROUP
SECTION VI
HILLSIDE DEVELOPMENT STANDARDS
15
SECTION VII
LANDSCAPING STANDARDS
19
SECTION VIII
PLAN REVIEW
21
SECTION I. STATISTICAL ANALYSIS
The South Pointe Planned community has been divided into five (5) enclaves:
1. Western Residential Enclave - Tract No. 51407 and 51253
2. Northern Institutional Enclave - South Pointe Middle School
3. Northeastern Residential Enclave - Tract No. 32400
4. Eastern Commercial Enclave
5. Central Open Space Enclave
Enclave
Number Use
1. Single Family Residential
2. School
3. Single Family Residential
4. Commercial/Office
5. Open Space/Park
1
Number of
Lots/Sq. Ft.
111
N/A
91
290,000 S.F.
N/A
TOTAL: 202 Lots
Acres
48
32+
40+
31+
20+
171 AC
SECTION II. NOTES
1. Except as otherwise stated herein, the requirements of the City of Diamond Bar Zoning
Code, shall apply. The project entitlements shall entail a Development Agreement and
/or Tentative Tract Map Conditions.
2. School facilities shall be provided as follows:
A. 30± acre South Pointe School site (site partially graded and facilities constructed
on graded portion only).
B. Grading on the eastern portion of the existing South Pointe school site to
accommodate new school facilities (this activity has been previously reviewed and
approved with all State and School District permits approved including a certified
EIR).
C. A transfer of 2.8± acres of land (Larkstone Park) from City to School District
for South pointe school purposes.
3. The City shall acquire 4± acres of Water District land to be included in the residential
and commercial component of the Master Plan.
4. The City shall transfer or vacate 6± acres of City owned Right -of -Way to be used for
residential and commercial purposes.
5. Master Plan implementation shall include a new through connection from Morning Sun
Avenue to Brea Canyon Road providing access to South Pointe Middle School. This new
through access shall connect to Larkstone Drive with a provision to allow the City the
ability to close the Larkstone through access in the future.
6. An assessment of the mitigation monitoring program shall be completed as a function of
each administrative or entitlement action associated with future land use approvals or
permit activities.
7. California Government Code Sections 65450 and 65401 authorize cities to prepare, adopt
and administer Specific Plans for portions of their jurisdictions. This Master Plan has
been prepared to serve as the Specific plan for that portion of the City of Diamond Bar
referred to as the South Pointe Planned Community.
8. No building permit or grading permit, conditional development permit, tentative tract or
parcel map or site plan or any other entitlement may be granted for any parcel within the
South Pointe Planned Community which would be inconsistent with the provisions of
these zoning regulations and development standards.
2
9. Public Facilities plans shall be prepared in "accordance with the regulations and standards
of the governing jurisdictions.
A. Grading Component
Implementation of the proposed development will require landform alterations
affecting mosi of the project area. The project's grading plan (Figure 15 of EIR)
has been developed in response to the site's existing topography and can be
characterized as the removal of earthern material at higher elevations and the
deposition and recompaction of these soils in low-lying areas.
(1) All geologic, geotechnical and soils studies conducted for the project and
all engineering analyses conducted for the proposed grading plan shall be
submitted to and approved by the City prior to the approval of the Final
Tract Maps.
(2) All grading, earthwork and associated development activities shall be
designed and conducted in accordance with applicable City and County
standards and shall conform with recommendations contained in the
Preliminary Soils Engineering Investigation for Tentative Tract No.
32400, County of Los Angeles (Petra Geotechnical, Inc., October 18,
1988), Geotechnical Feasibility Investigation for 80 Acre Development
N/Pathfinder Road and W/O Brea Canyon Road, (RMA Group,
September 21, 1992) and such other geotechnical reports as may be
prepared for the site and/or required by the City and County.
B. Drainage and Flood Control Component
Project implementation will result in a change to existing drainage patterns and
require fill within blue -line streams. Post development drainage conditions have
been broken down into three distinctive drainage areas. Drainage area one
discharges into an existing 60 -inch RCP which is part of an existing Caltrans
drainage facility within Brea Canyon Road. Drainage area two discharges into
an existing RCP which is part of Los Angeles County Drainage Facility P.D.
1411. The third drainage area is part of Los Angeles County Drainage Facility
P.D. 1467. Based on the project's drainage plan (Figure 18 of EIR) it can be
concluded that both the Caltrans Facility and the Los Angeles County Drainage
Facility (P.D. 1411) can adequately accgmmodate storm run-off from the project.
County Drainage Facility P.D. 1467, located in Fairlane Drive, will require
subsequent improvements to accommodate projected design discharge.
3
(1) The project applicant(s) shall be financially responsible for the following
items: (1) the construction or advancement of funds for the construction
of any required on-site drainage improvements as contained in the Master
Plan of Drainage Facilities approved by the City Engineer and County
Engineer of Los Angeles County; (2) the construction of in -tract and off-
site storm drain system improvements; and (3) any permits or other
assessments imposed by the County Engineer.
(2) Drainage shall be disposed of in a manner satisfactory to the City
Engineer and County Engineer of Las Angeles County. The design and
installation of project drainage facilities shall be in accordance with the
flow criteria, design standards and construction requirements of both the
Los Angeles County Department of Public Works and the City of
Diamond Bar.
(3) Prior to the approval of the final tract map(s), a special maintenance
district or other funding mechanism acceptable to and approved by the
City and/or County Engineer shall be established for the maintenance of
on-site storm drainage facilities.
(4) Prior to the issuance of a grading permit for any proposed alteration to the
streambed, the project applicant(s), if applicable under State and/or federal
law, shall obtain a Section 404 permit from the United States Department
of the Army Corps of Engineers for the placement of dredged or fill
materials into the "waters of the United States" and a Section 1601-1607
permit from the California Department of Fish and Game for proposed
streambed alterations which may impact existing wildlife.
(5) Prior to the initiation of grading operations, the project applicant(s) shall
obtain all applicable construction, stormwater and NPDES permits as may
be required by the City, the County of Los Angeles and the California
Regional Water Quality Control Board for the discharge of urban
pollutants.
C. Circulation Component
Note 5 within this section identifies that this project shall include a provision for
a new through connection between Morning Sun Avenue and Brea Canyon Road.
Project collector and residential streets and Brea Canyon Road shall be built to
- the ROW standards for each enclave. The project proponent shall contribute on
a fair share basis for near term and long term intersection improvements
identified in Section 4.5.3 of the EIR.
4
(1) Brea Canyon Road shall be constructed to the planned four -lane cross-
section between Colima Road and Pathfinder Road. Plus, left -turn lanes
shall be provided at each of the three project access points along Brea
Canyon Road. The location of the three new project points along Brea
Canyon Road shall be designed to provide adequate sight distance. Care
shall be taken that the future grades and landscaping adjacent to these
intersections, as well as all internal project intersections, do not obstruct
the necessary line -of -sight.
(2) With the development of the site plan for both the retail and residential
components of the project, a traffic signal warrant shall be conducted to
determine if a traffic signal is required.
(3) Larkstone Drive shall be a through street to new Street "A" connecting
Brea Canyon Road. The City reserves the right to close the Larkstone
Drive through connection (at "A" Street) in the future.
D. Wildland Fire Hazard Component
The project site is currently designated as a wildland fire hazard area. However,
development of the site, including the reduction in natural open space areas and
the removal of existing vegetation, may effect the status of the fire hazard
designation and consequently development standards may be revised to reflect
changed conditions.
(1) If applicable, Los Angeles County Fire Department requirements for
development in a wildland fire area shall be incorporated to reduce
potential fire hazards. These provisions include, but may not be limited
to: (a) fire -resistive protection of exterior walls/openings; (2) fire -
retardant roof covering; (3) fire -resistive construction for decks, balconies
and support structures; and (4) chimney screens installed on each chimney
flue.
(2) Project design and maintenance activities shall comply with brush
clearance programs administered by the Los Angeles County Fire
Department.
(3) Prior to the initiation of construction activities, the project applicant(s)
shall submit and the County Forester and Fire Warden shall approve a fire
hazard reduction/fuel management plan to minimize brush fire hazards on-
site. That plan shall include, but may not be limited to: (a) use of fire
retardant construction materials; (b) brush clearage and maintenance
activities within 100 feet surrounding individual structures;' (3) irrigated
M
planting areas with provisions for maintenance activities; and (4) the
provision and maintenance of fire breaks.
(4) In order to limit the potential threat of wildland fires, low -fuel volume
plants shall be incorporated into the revegetative plan.
(5) Prior to the issuance of building permits, the Los Angeles County Fire
Department shall review building plans for compliance with Los Angeles
County Fire Department standards for construction, access, fire hydrant,
fire flow and water main requirements.
(6) The project's water system shall be designed in response to final fire flow
requirements identified by the Los Angeles County Fire Department.
Final fire flow will be based on building occupancy, the size of the
buildings, their relationship to other structures and property lines and type
of construction materials used.
(7) Project approval shall include the completion of public water main
_ improvements as may be required to meet final fire flow requirements
imposed by the Los Angeles County Fire Department.
(8) Prior to the commencement of any structural framing, fire hydrants shall
be installed, tested and accepted by the Los Angeles County Fire
Department.
E. Water Supply and Wastewater Facilities Component
Project Supply and Wastewater Facilities Component
Project implementation will require the extension of existing services onto the site
and the development of new sanitary sewer facilities throughout the project area.
Wastewater generated by the project will be discharged into local sewer lines and
conveyed to the Diamond Bar Trunk Sewer to treatment facilities operated by the
County Sanitation Districts. Based on current available capacity and planned
expansion at the San Jose Creek facility, project wastewater generation can be
accommodated.
(1) Prior to final tract map approval, the project applicant(s) shall submit a
sewer study to both the County and City Engineer identifying project
wastewater flow and tributary flow to the existing County trunk and local
sewer lines. This study shall identify: (a) the location, phasing, bonding
and details of any proposed sewer facilities and improvements by street
configuration, lot layout and gravity flow; (b) any current capacity
shortfalls of the County trunk and/or City sewer lines; and (c) specific
6
design recommendations to -provide additional lines or sizing upgrade, if
required.
(2) The project applicant(s) shall convey access and property easements and
rights-of-way to the County Sanitation Districts of Los Angeles County,
as deemed necessary by the County and City Engineers, for the
construction and maintenance of sewer lines and associated facilities.
(3) The project applicant(s) shall contribute an appropriate share of cost, as
established by the City, to fund improvements to the area's main lines,
pumping stations, etc. required as result of project development.
(4) Prior to final tract map approval, sewer connection fees as established by
County of Las Angeles and/or City of Diamond Bar shall be paid by the
project applicant(s).
(5) The project applicant(s) shall provide to the County Sanitation Districts of
Los Angeles County information regarding the construction and/or
building schedule of the project so that the timing of the County Sanitation
Districts expansion may be coordinated with the projected increase in
demand.
F. Parks and Open Space Component
In accordance with the terms of the proposed development agreement the project
proponent proposes to dedicate and develop a 28± park site (Enclave 5). This
proposed dedication exceeds both existing park dedication requirements (3
Ac/1000 residents) and proposed revisions (4 Ac/1000 residents). By exceeding
park dedication requirements the project will help offset the current park acreage
shortfall within Diamond Bar.
(1) Prior to the approval of the tentative tract maps, the project applicants
shall review development plans with the Los Angeles County Department
of parks and Recreation 'to facilitate implementation of the City and
County's Ordinance required regional trail system. If required by the
County, adequate provisions (e.g., trail dedication, signage) shall be
provided to ensure the dedication of any Ordinance required trail links.
(2) Dedication and development of the proposed park site shall comply with
design standards for park size, location, relationship to adjacent properties
and community facilities as contained in the Master Plan of Parks or as
may be otherwise required by the parks and Recreation Commission and
the Director of the City of Diamond Bar ' Parks and Recreation
Department.
7
G. Educational Facilities Component -
As a result of the introduction of additional residential dwellings, the project will
directly result in an increase in the number of students within the Walnut Valley
Unified School District. The School District collects school fees (on a square
foot basis) from both residential and non-residential development. This fee will
be collected upon issuance of building permits. Development of the project will
result in the removal of surplus/stockpiled (native) soil from the South Pointe
Middle School site, thereby allowing the subsequent expansion of that facility in
accordance with the approved facility plan. Implementation of the project's
circulation plan will improve existing vehicular access to South Pointe Middle
School.
• ? � - ;: •; : `mow-_ . ' .
8
SECTION M. PERMITTED USES AND DEVELOPMENT STANDARDS
Residential Group Enclaves 2 and 3
.A. INTENT AND PURPOSE
It is the intent of this group to allow residential land uses within
a planned community
setting. The regulations specified in this section apply to Enclaves
1 and 3.
B. PERMITTED USES
1. Single family detached residential dwelling units
2. Accessory uses and structures where related and incidental to the permitted use.
C. DEVELOPMENT STANDARDS
Enclave 1
Enclave 3
1. Minimum Lot Size
8,000 s. f.
7,200 s. f.
2. Minimum Lot Pad Size
6,900 s. f.
6,000 s. f.
3. Minimum Lot Depth
100 ft.
100 ft.
4. Minimum Lot Frontage
60 ft.
60 ft.
5. Minimum Lot Frontage on Knuckle
45 ft.
40 ft.
6. . Minimum Lot Frontage on Cul -de -Sac
40 ft.
40 ft.
7. *Rear Yard and Side Yard Slopes
2:1 and/or
2:1 and/or
1 1/2:1
1 1/2: 1
8. Maximum Grade Shown on Roads
(15% Maximum Allowable)
12%
12%
9. Maximum Height of Architecture
35' Ht./2 Stories
35' Ht./2 Stories
10. **Setbacks Front
Min. 16' from ROW/
Min. 16' from ROW/
Average 18'
Average 18'
- Side
5' and 10' Flat/
5' and 10' Flat/
Clear
Clear
Rear
20' Measured from
20' Measured from
Structure to Top
Structure to Top
of Slope of
of Slope of
Building Pad
Building Pad
11. Parking
2 -Car Garage/
2 -Car Garage/
Guest in Driveway
Guest in Driveway
9
12. Driveway Garage Minimum Garage Minimum
16' from ROW/ 16' from ROW/
Average 18' Average 18'
13. Street Widths: Collector 64' ROW/40' Paved 64' ROW/40' Paved
Residential 60' ROW/36' Paved 60' ROW/36' Paved
Brea Canyon Road N/A 77' ROW/(Varies)
52' paved (Varies)
14. Maximum building coverage of all structures, including accessory structures shall
not exceed 65 %.
15. Side walls which face on any street or open space area and rear walls shall be 6'
tall, consist of masonry material with a stucco exterior and pilasters. Front yard
walls behind the right-of-way may not exceed 3 1/2 feet in height. Views may be
preserved by utilizing a combination of a low masonry stucco wall with wrought
iron between pilasters. Wooden blank fences shall be permitted between homes to
define private yard area.
* As approved by Geotechnical Consultant
** Average setback, homes shall be staggered minimum setback shall be 181,
providing a variety of front yard setbacks to prevent a series of similar front
yard setbacks.
10
SECTION IV. PERMITTED USES AND DEVELOPMENT STANDARDS
Institutional and Open Space Group, Enclaves 2 and 5
A. INTENT AND PURPOSE
It is the intent of this group to allow land uses which support community functions
related to education and recreation., The regulations specified in this section apply to
Enclaves 2 and 5.
B. PERMITTED USES
1. Public School (Enclave 2 only)
2. Parks; including active and passive areas, open space
3. Accessory uses and structures where related and incidental to the permitted use.
C. DEVELOPMENT STANDARDS
1. Development standards within Enclave 2 shall be determined through Site Plan .
review conducted by the School District.
2. Development standards within Enclave 5 shall be determined through Site Plan
review conducted by the parks and Recreation Commission.
3. Setbacks, building height and bulk and landscaping should reflect neighborhood
character.
11
SECTION V. PERMITTED USES AND DEVELOPMENT STANDARDS
COMMERCIAL/OFFICE GROUP ENCLAVE 4
A. INTENT AND PURPOSE
It is the intent in this group to allow a combination of commercial activity and business
and professional offices. The regulations specified in this section apply to Enclave 4.
B. PERMITTED USE
I. Professional and business offices.
2. Service businesses.
3. Government facilities.
4. Retail establishments including restaurants.
5. Parking structures.
6. Accessory uses and structures where related and incidental to a permitted use.
C. DEVELOPMENT STANDARDS
1. Lot Minimums N/A
2. * Cut and Fill Slopes 2:1 and/or 1 1/2:1.
3. Maximum Grade Shown on Roads 12%
(15% Maximum Allowable)
4. Maximum Height of Architecture 50'
5. Setbacks: Street 30' from ROW
Side 20' Measured from Structure to Top
or Toe of Slope of Building Pad
6. Street Widths: Collector 64' ROW/40' Paved
Brea Canyon Road 77' ROW (Vanes)
52' Paved (Varies)
7. The following structures and improvements are specifically permitted in the setback
area:
a. Walks
b. Paving and associated curbing, except that vehicle parking areas shall not
be permitted within ten feet of the street property line.
c. Landscaping
d. Planters, architectural fences or walls not to exceed three and one half feet
in height.
8. Parking Standards Per Code
9. Sign Standards
12
A planned sign program shall be prepared which illustrates the number,
_ size, color and lighting of all proposed signs. No more than two free
standing monument signs shall be permitted per street frontage.
to. Landscaping
a. Fifteen percent landscaping is required for each improved building
site.
b. Trees shall be provided within the street setback at a ratio of one
tree per each thirty linear feet (trees may be grouped in clusters).
C. All required trees shall be a minimum 15 gallon size.
d. All unpaved areas shall be planted with a ground cover and/or
shrub material.
e. Damaged plantings and irrigation equipment will be repaired or
replaced within 30 days.
11. Drives and parking Areas
a. The intent of providing landscaping in parking areas is to offer
relief to the monotony of rows of parked cars and to create an
overhead canopy thus providing a vertical dimension to an
otherwise dominantly horizontal element of the landscape.
b. A minimum of fifteen percent of that portion of the site devoted to
parking shall be landscaped.
C. A minimum of one fifteen gallon tree per four parking stalls shall
be required in the parking area. The trees must be clustered with
at least two (2) trees per grouping. The trees shall be in planters
that are located within the parking areas to ensure that the trees
reduce heat gain. In order to be considered within the parking
area, the trees must be located in planters that are bounded on at
least three sides by parking area paving. The planters must have
a minimum dimension of five feet by sixteen feet.
d. Open parking areas shall be screened from view from adjacent
properties and streets using walls, berms and/or evergreen
landscaping. The screening shall have an eventual minimum
height of three and one half feet.
12. Storage and Refuse Collection Areas
- All storage and refuse areas shall be constructed and contained as to
eliminate odors, insects, dust or other similar nuisances. They shall be
screened from view of adjacent streets, on-site entry areas and guest
parking areas. The screening material shall consist of a solid masonry
13
material which is designed to blend with the architectural style of the main
building.
13. Screening of Equipment
All mechanical, utility and operational equipment located on the exterior
of the building (roof mounted included) shall be screened from off-site
view.
14. Lighting
Parking lot lighting fixtures are to have an overall maximum height of
sixteen feet. Walkway lighting fixtures are to have an overall maximum
height of twelve feet. Security lighting fixtures are not to project above
the fascia or roof line of the building and are to be shielded.
15. Exterior Design
a. No part of the roof may project above the parapet
b. All exterior wall elevations of buildings facing streets are to have
architectural treatment.
16. Development plans for Enclave 4 shall be reviewed pursuant to the City
of Diamond Bar's development review process.
* As approved by Geotechnical Consultant
14
VI. HILLSIDE DEVELOPMENT STANDARDS:
All development within the South Pointe Master Plan shall comply with the following
standards:
1. All finished slopes on the exterior of the proposed tracts shall be landform -graded,
especially where viewed from public rights-of-way. Landform Grading replicates
the irregular shapes of natural slopes resulting in aesthetically pleasing elevations
and profiles. Landform -graded slopes are characterized by continuous series of
concave and convex forms interspersed with mounds that blend into the profiles,
non -linearity in plan view and varying slope gradients, and significant transition
zones between man-made and natural slopes. Resultant pad configurations are
irregular.
2. Slope down -drain devices will follow "natural" lines of the slopes or be tucked away
in special swale and berm combinations in order to conceal the drains from view.
Exposed segments in high visibility areas will be treated with natural rock.
3. Landscaping will be characterized as a "revegetation" process and will be applied
in patterns that occur in nature: Trees and shrubs should be concentrated largely in
concave areas, while convex portions should be planted mainly with groundcovers.
4. All manufactured cut and fill slopes exceeding nine (9') feet in height which will be
either exposed to permanent public view or are adjacent to environmentally sensitive
areas, will be designed with features characteristic of natural slopes so that their
ultimate appearance will resemble a natural slope. This will include slopes along
streets and highways, slopes adjacent to parks, schools, open spaces and other public
facilities and other prominent and highly visible slopes.
5. Sideyard slopes and low (less than 25' in height) rearyard slopes whose view is
blocked by future structures need not have landform design applied.
6. Transitioning to natural slopes shall be achieved through the use of radii or irregular
curvilinear shapes that will blend into the adjoining topography tangentially and not
create abrupt changes.
7. The following factors shall be taken into consideration in tract design:
a. When space and proper drainage requirements can be met with approval
by the City Engineer, rounding of slope tops and bottoms shall be
accomplished.
b. When slopes cannot be rounded, vegetations shall be used to alleviate a
sharp, angular appearance.
15
C. A rounded and smooth transition shall be made when the planes of man-
made and natural slopes intersect.
d. When significant landforms are "sliced" for construction, the landform
edges shall be rounded as much as possible to blend into natural grade.
e. Manufactured slope faces shall be varied to avoid excessive "flat -planed"
surfaces.
8. Debris basins, rip rap, and energy dissipating devices shall be provided where
- necessary to reduce erosion when grading is undertaken. In instances where a
drainage crossing is required, a natural crossing and bank protection shall be
preferred over steel and concrete systems. Where brow ditches are required, they
shall be naturalized with plant materials and native rocks.
9. Terrace drains where required shall follow landform slope configuration. Down
drains shall not be placed in exposed positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope face.
10. Where possible, drainage channels should be placed in inconspicuous locations and
should receive a naturalizing treatment including native rock, colored concrete and
landscaping, so that the structure appears as an integral part of the environment.
11. Fencing and landscaping shall follow the following standards:
a. Walls and fencing, not exceeding six (6) feet in height, visible from roadways or
public rights-of-way shall be visually open and non-opaque.
b. Privacy walls and fences, not exceeding six (6) feet in height, are permitted adjacent
to structures, in order to provide a private outdoor area. Walls and fences shall be
of materials and colors compatible with the structure's facade.
c. Native or naturalized plants or other plant species that blend with the landscape shall
be utilized in all areas with required planting.
d. Fire retardant plant materials shall be utilized. Plants selected as ground cover,
shrubs or trees shall be from the list identified in EIR SCH92081040 and this Master
Plan.
e. A permanent landscape and irrigation system, for purposes of establishing and
maintaining required planting, shall be installed on all slopes. The emphasis shall
be toward using plant materials that will eventually need minimal irrigation. Water
and energy conservation techniques shall be utilized including but not limited to such
items as drip irrigation and use of "reclaimed water" and xeriscape.
16
f. Landscaping shall be used to screen views of downslope building elevations. When
the structure height exceeds twenty (20) feet from finished grade on a downslope,
additional landscaping is required.
g. Native vegetation shall be retained and supplemented within undeveloped portions
of canyons and along retained natural drainage courses as allowed by state and
federal resources agencies (State Department of Fish & Game, U.S. Fish and
Wildlife, U.S. Army Corp. of Engineers).
12. All development shall be constructed in such a manner so as to reduce the potential
for spread of brushfire through consideration of the following fire protection
standards:
a. In the cases of a conflict where more restrictive provisions are contained in the
Uniform Building Code or in the Fire Code, the mores restrictive provisions shall
prevail.
b. Roofs shall be covered with noncombustible materials as defined in the Building
Code. Open eave ends shall be stopped in order to prevent bird nests or other
combustible material lodging within the roof and to preclude entry of flames.
c. Exterior walls shall be surfaced with noncombustible or fire resistant materials.
d. Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible
construction or shall be protected by fire-resistant material pursuant to the Building
Code.
e. All development shall be constructed with adequate water supply and pressure for
all proposed development in accordance with standards established by the Fire
Marshal.
f. A permanent fuel modification area shall be required around development projects
or portions thereof that are adjacent or exposed to hazardous fire areas for the
purpose of fire protection. The required width of the fuel modification area shall
be based on applicable building and fire codes and a Fire Hazard Analysis Study
developed by the Fire Marshal.
g. Fuel modification areas shall incorporate soil erosion and sediment control measures
to alleviate permanent scarring and accelerated erosion.
h. If the Fire Marshal determines in any specific case that difficult terrain, danger of
_ erosion or other unusual circumstances make strict compliance with the clearance
of vegetation undesirable*or impractical, she/he may suspend enforcement thereof
17
and require reasonable alternative measures designed to advance the purposes of this
ordinance.
i. In the event the abatement is not performed the City Council may instruct the Fire
Marshal to give notice to the owner of the property upon which said condition exists
to correct such prohibited condition and, if the owner fails to correct such condition,
the City Council may cause the same to be done and make the expense of such
correction a lien on the property upon which such conditions exist.
j. The City Engineer may require special construction features in the design of
structures where site investigations confirm potential geologic hazards.
Figure 1
�,4NDFoltM P[ r4N
VIEW
ob" v'E Vj'-W
SECTION VII. LANDSCAPING STANDARDS
A. Prior to issuance of any grading permit the applicant shall submit a landscape plan for the
enclave in which the grading permit is requested:
1. LANDSCAPING: INTRODUCTION
South Pointe is a planned development that is designed to preserve, enhance and
reproduce as many natural and man-made features as possible. These features include
the surrounding terrain riparian woodlands and Sandstone Canyon Creek drainage.
Careful planning of residential development will help preserve and recreate the natural
amenities in the project area both on site and on adjacent open space areas where
permitted.
2. LANDSCAPE CONCEPT
The landscape palette selected for the South Pointe Master Plan shall emphasize drought
tolerance and promote a rural country theme, complementary of the site's geographic
location. This goal will be achieved through practices which encourage the conservation
- of water through creative landscaping practices emphasizing native species accented by
exotic species.
3. COMMUNITY AND NEIGHBORHOOD ENTRIES
The South Pointe Master Plan is composed of major entries off Brea and minor
neighborhood entries. See Exhibit 2 for the location of these entries. These entries have
been identified to receive special landscape treatment (see Exhibits 3 and 4). This
treatment may include, but is not limited to, signage walls; decorative lighting fixtures;
stone, brick, or stucco walls; enhanced paving; large displays of flowering plants and
annuals; and dramatic specimen trees and/or small, flowering trees.
These entries, along with major arterial and secondary road rights-of-way tree plantings,
will be directly provided for or arranged for by the master developer/land owner(s) of
South Pointe. The entries and street plantings will create a sense of arrival through the
selective application of landscaped islands, decorative signage and walls. The
landscaping will also create an easily distinguishable hierarchy of entries and streets.
4. STREETSCAPE
All Major Roadways and Secondary Roads shall be planted with one or more species of
trees listed in this section. Trees may be grouped together into clusters, if desired , but
must average out to a spacing of one tree per every 40 linear feet of roadway. The
-- following tree types shall predominate within the Master Plan common landscaped areas
19
EXHIBIT 2
SOUTH POINTE MASTER PLAN
COMMUNITY AND NEIGHBORHOOD ENCLAVE LANDSCAPE ENTRIES
0 MAJOR ENTRIES
MINOR ENTRIES
I �
I /
O/S
HOA PROPERTY 1�
I � v
r
EXHIBIT 3
SOUTH POINTE MASTER PLAN
TYPICAL ENTRY TREATMENT
SEC71ON
Major Entry Monumentation
Minor Entry Monumentation
Park Monumentation -
Liver Rock
EXHIBIT 4
SOUTH POINTE MASTER PLAN
TYPICAL ENTRY TREATMENT
Pit-ai cniry monument/
ignage
along public rights-of-way: Aleppo Pine, Brazilian Pepper, Eucalyptus, Jacaranda,
Knobcone Pine, Oak, Sycamore and White Alder.
5. COMMUNITY PARK AND NATURAL PARK
The Park shall be landscaped in a manner which complements the south pointe landscape.
The natural park component of the 28± acre community park shall consist of natural
species only and will not contain any manicured landscaped areas. Use of the natural
park and associated trails shall be limited to passive recreation and hiking.
6. LANDSCAPE PLANTINGS
The planting concept in the South pointe Master Plan should reinforce the overall rural
theme. This may be accomplished by defining and emphasizing vehicular and pedestrian
circulation systems, existing natural site conditions, neighborhood identity and
recreation/community use areas.
a. Trees and shrubs should be clustered informally to provide focal points and accents
and frame open space.
b. Neighborhood enclave identity shall be promoted by using different street tree
combinations and landscaping. Each enclave shall have a unique planting palette.
c. Drought resistant and tolerant plant materials are suggested and encouraged for all
open space areas.
d. Plant materials, either alone or in conjunction with fencing, walls, or berms, should
be used to screen parking areas and accessory structures from views from main
buildings and passing motorists.
e. Plant materials should be grouped together in regards to soil, light and water
requirements.
f. All slopes shall be irrigated and planted with low -maintenance trees, shrubs and
ground covers. Turf is not permitted on slopes of 25 percent and greater.
g. Use plants to soften building edges and humanize commercial developments. Plants
may be also used to break up long, monotonous building facades.
20
VIII. PLAN REVIEW
A. Prior to issuance of any grading permit the applicant shall submit a hillside grading plan,
a hillside landscape plan and a Resource Management Plan for review and approval by the
Community Development Director.
1. Filing Requirements
a. A natural features map, which shall identify all existing slope banks, ridgelines,
canyons, natural drainage courses, federally recognized blue line streams, rock
outcroppings and existing vegetation. Also depicted shall be landslides and other
existing geologic hazards.
b. A conceptual grading plan, which shall include the following items in addition to
those required by the Municipal Code or as part of the Submittal Requirement
Checklist:
(1) A legend with appropriate symbols which should include, but not be
limited to, the following items: top of wall, top of curb, high point, low
point, elevation of significant trees, spot elevations, pad and finished floor
elevations and change in direction of drainage.
(2) A separate map with proposed fill areas colored in green and cut areas
colored in red, with areas where cut and fill exceed depths established in
the hillside development guidelines and standards clearly shown.
Additionally, the areas of cut and fill, calculated as a percentage of the
total site area, shall be included on the plan.
(3) Contours shall be shown for existing and natural land conditions and
proposed work. Existing contours shall be depicted with a dashed line
with every fifth contour darker and proposed contours shall be depicted
as above except with a solid line.
c. Provide a sufficient number of slope profiles to clearly illustrate the extent of the
proposed grading. A minimum of 3 slope profiles shall be included. The slope
profiles shall:
(1) Be drawn at the same scale and indexed, or keyed, to the grading plan and
project site map.
(2). Show existing and proposed topography, structures and infrastructures. .
Proposed topography, structures and infrastructures shall be drawn with
a solid, heavy line. Existing topography and features shallbe drawn with
a thin or dashed line.
21
(3) The slope profile shall extend far enough from the project site boundary
to clearly show impact on adjacent property, at least 150 feet.
(4) The profiles shall be drawn along those locations of the project site where:
(a) The greatest alteration of existing topography is proposed; and,
(b) The most intense or bulky development is proposed; and,
(c) The site is most visible from surrounding land issues; and
(d) At all site boundaries illustrating maximum and minimum
conditions.
(5) At least two of the slope profiles shall be roughly parallel to each other
and roughly perpendicular to existing contour lines. At least one other
slope profile shall be roughly at a 45 degree angle to the other slope
profiles and existing contour lines.
d. The slope profiles shall be stamped and signed by either a registered landscape
architect, civil engineer or land surveyor indicating the datum, source and scale of
topographic data used in the slope profiles and attesting to the fact that the slope
profiles have been accurately calculated and identified.
e. A geologic and soils report, prepared by an approved soils engineering firm and in
sufficient detail to substantiate and support the design concepts presented in the
application as submitted. Additional environmental studies and investigations, such
_ as, but not limited to, hydrologic, seismic, access/circulation and biota research may
also be required in order to help in the determination of the buildable area of a site.
f. A statement of conditions for ultimate ownership and maintenance of all parts of the
development including streets, structures and open spaces.
g. In the event that no grading is proposed, i.e., custom lot subdivision, a statement
to that effect shall be filed with a plan which shows possible future house plotting,
lot grading, driveway design and septic system location for each parcel proposed,
to be prepared on a topographic map drawn at the same scale as the conceptual
grading plan.
h. The following items may be required if determined necessary by the Planning
Director or Planning Commission to aid in the analysis of the proposed project to
illustrate existing or proposed conditions or both:
(1) A topographic model;
(2) A line of sight or view analysis;
(3) Photographic renderings;
22
(4) Any other illustrative technique determined necessary to aid in review of
a project.
_ i. landscape plan for all manufactured cut and fill slopes.
B. Prior to issuance of any building permit the applicant shall submit a Site Plan for review
and approval by the Community Development Director. The Director shall review each
site plan in relation to the development standards -identified within these planned
community regulations and applicable City ordinances.
1. Site Plan submittals shall at a minimum include:
a. Plan view relating building footprint to coverage and setback requirements.
b. Detail of walls, fences and any screening apparatus
c. Landscape plans (Enclave 4) .
d. Location of hardscape (Enclave 4)
e. Lighting plan (Enclave 4)
f. Sign program (Enclave 4)
2. Site plan denials may be appealed to the Planning Commission within 15 calendar
days of such action by the Community Development Director. Actions by the
Planning Commission may be appealed to the City Council for final consideration.
Ece-c.6-z
23
(4) Any other illustrative technique determined necessary to aid in review of
a project.
landscape plan for all manufactured cut and fill slopes.
B. Prior to issuance of any building permit the applicant shall submit a Site Plan for review
and approval by the Community Development Director. The Director shall review each
site plan in relation to the development standards identified within these planned
community regulations and applicable City ordinances.
1. Site Plan submittals shall at a minimum include:
a. Plan view relating building footprint to coverage and setback requirements.
b. Detail of walls, fences and any screening apparatus
c. Landscape plans (Enclave 4)
d. Location of hardscape (Enclave 4)
e. Lighting plan (Enclave 4)
f. Sign program (Enclave 4)
2. . Site plan denials may be appealed to the Planning Commission within 15 calendar
days of such action by the. Community Development Director. Actions by the
Planning Commission may be appealed to the City Council for final consideration.
EXB-0.6-2
23
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVESUITE 100
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
(Space Above for Recorder's Use)
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF DIAMOND BAR AND R -N -P DEVELOPMENT INC.,
REGARDING THE DEVELOPMENT KNOWN AS SOUTH
POINTE (ENCLAVE NO. ----} 1)
(Pursuant to Government Code
Sections 65864 - 65869.5)
This DEVELOPMENT AGREEMENT ("Agreement") is made and
entered into this day of , 19 , between the
CITY OF DIAMOND BAR, 'W -municipal corporation ("City") and R -N -P
DEVELOPMENT INC. ("Developer"). Developer and City are sometimes
collectively referred to herein as the "Parties."
R E C I T A L S
A. California Government Code §§ 65864 through
65869.5 ("Development Agreement Law") authorize the City to enter
into binding development agreements with persons having a legal
or equitable interest in real property for the development of
such property, all for the purpose of strengthening the public
planning process, encouraging private participation and
comprehensive planning and reducing the economic costs of such
development.
B. Pursuant to Government Code Section 65865, City
has adopted rules and regulations by Reseltdtien-Ne-
-------Ordinances Nos. 1 and 14 of the City Council of the City
of Diamond Bar, California, establishing procedures and
requirements for the consideration of development agreements.
-- C. Developer is a corporation organized under the
laws of the State of California and is the owner of certain
parcels of the real property comprising the entirety of the South
_ Pointe development area. Said aggregate property is described on
Exhibit "A" hereto and is referenced as the "Property".
Developer's particular area of ownership within the Property is
set forth on Exhibit "B" hereto and is hereinafter referenced as
the "Site". The Site consists of approximately ----
1
acres of undeveloped hillside, canyons and slopes. Developer
also proposes to acquire interest in certain other parcels which
are within the Property as set forth in Section 10.2.
D. City has caused to be prepared a development
master plan for the Property which development standards are
commonly known as the "South Pointe Plan Community Zoning
Regulations and Development Standards". The improvements to the
Property include five enclaves which will be developed with
residential, community park, public school and municipally owned
parcels of property, together with the associated parking, roads,
landscaping and other necessary or desirable improvements all as
more particularly described hereinbelow, which will confer
significant benefits upon City and its residents.
E. An initial Draft Environmental Impact Report
("DEIR") was prepared for the application by Ultra Systems, an
environmental consultant. The DEIR was circulated Qto interested
parties and agencies between -------
_
nd
_________________-_}99e octobor, 1992 and April, 1993. Copies of
the DEIR have been made available for public inspection in the
Planning Department of the City and in the public library within
the City. The Planning Commission conducted duly noticed public
--concurrent with the
hearings on the DEIR an---- 1993, after the
circulation period. on
appropriate notice and public hearing, the City certified the
Draft Environmental Impact Report for the project as having been
prepared in compliance with the California Environmental Quality
Act ("CEQA"), as amended, the CEQA guidelines and local CEQA
regulations.
F. In _______________7 or about March, 1993,
Developer was provided a draft of this Agreement by the City for
review and comment by the appropriate parties. Said draft has
been revised several times through negotiations between
representatives of City and Developer. On
______________________; May 24, 1993, after conducting a duly
noticed public hearing in accordance with the Development
Agreement Statute, the City's Planning Commission, the hearing
body for purposes of development agreement review pursuant to
Section 65867 of the Development Agreement Statute, considered
this Agreement and recommended to the City Council of City the
adoption and execution of this Agreement. On
, the City Council, after conducting a duly
noticed public hearing in accordance with the Development
Agreement Statute and applicable law, adopted Ordinance No.
, which approved this Agreement, authorized the execution of
this Agreement and found that the provisions of this Agreement
were [Entitlement listing]
_ G. For the reasons recited herein, the City has
determined that the project is a development for which this
Agreement is appropriate under the Development Agreement Statute.
This Agreement will eliminate uncertainty in planning
for and
securing orderly development of the Property, assure progressive.
installation of necessary on-site and off-site improvements,
provide public services appropriate to the development of the
Property, facilitate the provision and appropriate location of
community facilities, services and utilities and share attainment
of the maximum effective utilization of resources within the City
of Diamond Bar at the least economic cost to its citizens, and
otherwise achieve the goals and purposes for which the
Development Agreement Statute was enacted. in exchange for these
benefits to City, City has taken or will take all actions
required in the manner described herein, so that Developer may
begin and consummate development of the project, ine}tiding-the
fEntitlement-listingl as defined by this Agreement and related
vesting Tentative Tract Map approvals.
The Parties agree as follows:
1. Definitions.
1.1 "Agreement" is this Development Agreement.
1.2 "Agreement Date" is the date this Agreement
is executed by City.
1.3 "CEQA" is the California Environmental
Quality Act, Public Resources Code Section 21000, et seq.
1.4 "City" is the City of Diamond Bar,
California.
1.5 "City Council" is the City Council of City.
1.6 "Developer" is R -N -P DEVELOPMENT INC. and its
successors in interest to all or any part of the Property.
1.7 "Development Criteria" consists of the
requirements, provisions and conditions of fEntitie1ftent-1i't1n91-
the South Pointe Plan Community Zoning Regulations and
Development Standards;-app}ieeb�e-toning-regti}etiena;-end-ether
epp}ieeb}e-standards set forth in Exhibit "C" hereto, the
resolution approving vesting Tentative Tract Map No. 51407
(Exhibit I'D" hereto), applicable zoning regulations, other
applicable standards and this Agreement for the project Site.
The Development Criteria also consist of all of those ordinances,
resolutions, codes, construction standards and specifications of
the City governing the development of the Property as of the
effective date of this Agreement;-whieh-ere-identified-in-Exhibit
------ T. To the extent any of the foregoing are amended from
time to time, the Development Criteria shall include such matters
as so amended, provided that the amendments are incorporated into
the Development Criteria and applied to the development of the
property with the consent of the Developer or as otherwise
provided by Seettens--------------------- Section 12 or other
provisions of this Agreement.
1.8 "Effective Date" shall be the day of
199 , which shall be determined by the City
Clerk as the later to occur of the following: (a) thirty (30)
days after adoption of the Ordinance approving this Agreement, or
(b) if a referendum petition is filed regarding any -Of -the
fe}}ewtngt-{a} Ordinance No. approving this Agreement t
fb}-9rdinanee-Ne:------;-approving-the-Speetfte-P�ant-fe}
erd�nanee-Ner------;-apPrev#ng-the-zoning-an►end�nents-for-th#s
pre�eett-er-{d}-Rese�t�t�en-Ne:------;-aPPrev�ng-the-6enera�-Pan
Amendment ---- ---------t and (i) fails to qualify for an election,
the date the City Clerk certifies the disqualification of the
referendum petition, or (ii) if a referendum election is held,
the date the election results are declared approving the
Ordinance. The City Clerk shall not insert the Effective Date
into this Section 1.8 of the Development Agreement until the
Developer joins in written direction to the City Clerk to insert
the Effective Date into the blanks provided in Section 1.8 of a
copy of the Development Agreement duly executed by the Developer.
The written instruction may be provided by written endorsement by
the Developer at the bottom of the Ordinance approving the
Development Agreement.
1.9 "Parties" means City and Developer
collectively and "Party" means either City or Developer or both,
as determined by the context.
1.10 "Project" consists of on-site and off-site
improvements contemplated by the Development Criteria with
respect to the Property as the same may be further defined,
enhanced or modified pursuant to the provisions of this
Agreement.
1.11 "Property" is the real property on which the
project is, or will be, located as described on Exhibit -----"B"
and depicted on Exhibit -------"A"• If there is any variance
between Exhibit ----- and Exhibit -----"B", Exhibit - --"A"
shall control.
1.12 "Master Plan" is the South Pointe Plan
Community Zoning Regulations and Development Standards.
2. Exhibits. The following documents are attached
- hereto and incorporated herein by this reference:
Exhibit Designation
Description
"A" Legal Description of site
4
ngn Map of Site
11CII South Pointe Planned Community
Zoning Regulations and Development
Standards
Resolution Approving Vesting
Tentative Tract Map No. 51407
3. Term. The term of this Agreement shall commence
upon the Effective Date and shall continue until all building
permits required to complete the development of the project as
contemplated by the Development Criteria have been issued, which
does not include the issuance of building permits for the
construction of homes on individual lots, provided that in non
event shall such term exceed ten (10) years following the
Effective Date of this Agreement. However, if a lawsuit
challenging this Agreement or any of the other project approvals
adopted prior to or concurrently with the adoption of this
Agreement, the term of this Agreement shall be extended for the
period of time that said lawsuit is pending, not to exceed five
years. Following the expiration of the term, this Agreement
shall automatically terminate and shall be of no further force
and effect, without the need of further documentation from or
action by the parties hereto.
4. Covenants. Successors and Assians, Constructive
Notice. It is intended that the provisions of this Agreement
shall, while this Agreement is in effect, constitute covenants
running with the land comprising the Property for the benefit
thereof, and the burdens and benefits hereof shall bind and inure
to the benefit of all successors in interest and assignees of the
Parties hereto. Every Party who nor or hereafter owns or
acquires any right, title or interest in or to any portion of the
project or the project Site is and shall be conclusively deemed
to have consented and agreed to every provision contained herein,
to the extent relevant to said right, title or interest, whether
or not any reference to this Agreement is contained in the
instrument by which such person acquire an interest in the
- project or the project Site.
5. Relationship of Parties. The contractual
relationship between City and Developer is that Developer is an
independent private enterprise and not an officer, agent or
employee of City. The only relationship between City and
Developer is that of a government entity regulating the
development of private property by the owner of such property.
The City and Developer hereby renounce, disclaim, reject and deny
the existence of any form of joint venture, partnership or other
relationship between them, and agree that nothing contained
herein or in any document executed in connection herewith shall
5
be construed as making the City and Developer joint venturers or
partners.
6. Transfers and Assignments.
6.1 Assignment Subject to Citv Council Approval.
Developer shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial
transfer shall cause a violation of the Subdivision Map Act,
Government Code Section 66410, et seq.) to any person,
partnership, joint venture, firm or corporation at any time
during the term of this Agreement provided Developer has obtained
written approval of the sale, transfer or assignment by the City
Council; provided, however, that when the sale, transfer or
assignment includes obligations to develop or maintain more than
just the lot(s), such as, for example, the construction of any
street(s) or other infrastructure, any such sale, transfer or
assignment of more than one lot or parcel for development of a
single family residence (1) shall be subject to prior approval by
the City Council, (2) shall include the assignment and assumption
of the rights, duties and obligations arising under or from this
Agreement and (3) shall be made in strict compliance with the
following conditions precedent:
a. At least sixty (60) days prior to any
such sale, transfer or assignment of this Agreement Developer
shall notify City, in writing, of its intent to sell, transfer or
assign the Property or any part thereof and shall provide City
with written evidence and documentation, of a form and substance
satisfactory to City, demonstrating the experience, capability,
competence, and financial ability of the proposed buyer,
transferee, or assignee to carry out and complete development of
the Project in accordance with the terms of this Agreement.
b. Within forty-five (45) days after
receipt of the evidence and documentation specified in paragraph
a. of this Section in a form and substance reasonably
satisfactory to the City, or such longer time period as is
mutually agreed to in writing by the Parties, the City Council
shall approve, disapprove or conditionally approve the sale,
transfer or assignment. The City Council shall not unreasonably
withhold its approval and shall base its decision on its findings
concerning the experience, capability, competence and financial
ability of the proposed buyer, transferee or assignee to carry
out and complete the project in accordance with the terms of this
Agreement. If the City Council fails to take action with respect
to the sale, transfer or assignment within said forty-five day
period, the Developer shall be entitled to file an action for
specific performance as set forth in Section -----15.3 of this
Agreement.
6
C. No sale, transfer or assignment of any
right or interest under this Agreement shall be made unless such
is accompanied by transfer of legal title to all or a portion of
the site to such purchaser, transferee or assignee.
Any sale, transfer or assignment not made in strict
compliance with the foregoing conditions shall constitute a
default by Developer under this Agreement.
6.2 Release 21 Transferring Owner.
Notwithstanding any sale, transfer or assignment, a transferring
Developer shall continue to be obligated under this Agreement
unless such transferring Developer is given a release in writing
by City, which release shall be provided by City upon the full
satisfaction by such transferring Developer of the following
conditions:
a. Developer no longer has a legal or
equitable interest in all or any part of the transferred
Property.
b. Developer is not then in default under
this Agreement.
C. Developer has provided City with a copy
of the executed and recorded agreement to sell, transfer or
assign the Property or any part thereof.
d. Developer has provided City with an
assumption of Developer's obligations in a form reasonably
acceptable to the City duly executed by the transferee.
e. There has been full compliance with any
conditions specified in a conditional approval of the sale,
transfer or assignment.
7. Amendment of Agreement. This Agreement may be
amended from time to time by the mutual consent of the Parties
hereto or their successors -in -interest or assignees, in
accordance with the provisions of Development Agreement Statute
Sections 65867, 65867.5 and 65868; provided that: (a) any
amendment to this Agreement which relates to the term, permitted
uses, density or intensity of use, maximum height or size of
proposed buildings, amount of grading, provisions for reservation
of dedication of land for public purposes, shall be amended in
accordance with the procedures specified in paragraphs (a), (b)
and (c) of Section 12.4 and (b) any proposed amendment to this
Agreement which does not relate to the issues described in
subclause (a) above may be adopted by the Parties hereto without
the necessity of prior notice or public hearing unless otherwise
required by applicable State or Federal law.
VA
8. Amendment of Development Criteria. Developer
shall not be entitled to any material change, modification,
revision or alteration in the Development Criteria relating to
the permitted uses of the Property, the density or intensity of
use, the maximum height or size of proposed buildings or the
provision for reservation or dedication of land for public
purposes without review and approval by those agencies of City
approving the Development Criteria in the first instance pursuant
to the procedures specified in paragraphs (a), (b) and (c) of
Section 12.4. The approval of any such amendments or new
entitlement to use shall be in the sole discretion of City.
9. General Development of the Project.
9.1 Project. While this Agreement is in effect,
development of the project by Developer shall be in accordance
with the terms and conditions of this Agreement, and City shall
have the right to require the development of the project to be in
accordance with the terms and conditions of this Agreement.
Except as otherwise specified in this Agreement, the Development
Criteria shall control the overall design, development and
construction of the project and all on-site and off-site
improvements and appurtenances in connection therewith. As
provided in Government Code Section 65865.2, the Development
Criteria shall not prevent development of the project for the
uses and to the density or intensity of development set forth in
the Master Plan which are briefly described below and more
specifically described in Exhibit "C" hereto. [Entitlement
listing]
(a) Permitted Uses: See Exhibit "C" hereto.
(b) Development
Standards: See Exhibit "C" hereto.
(c) Mex+m"in-B"++ding-He+ght See-Exhibit-ueu
herete-
+d*-Maximum-6radinat-fHi}}side-6radtnq-Stendards�-bee-Exhibit-ueu
hereto:
+e* Oak Tree Management: See Exhibit "C" hereto and the
environmental mitigation monitoring program hereby incorporated
by reference herein.
9.2 Timing of Development. Developer agrees to
complete all rough grading and earth moving activities which will
remove vegetative cover from areas to be graded and alter terrain
within the following areas: Vesting Tentative Tract Map No.
51407, Lots 91, 92, 93 and 94 within 18 24 months of commencement
of such work.
8
9.3 Public Works. If Developer is required by
this Agreement to construct any works of improvement, such as
streets for example, which will be dedicated to City or any other
public agency upon completion, and if required by applicable laws
to do so, Developer shall perform such work in the same manner
and subject to the same requirements as would be applicable to
City or such other public agency should it have undertaken such
construction excepting no public works bidding process or its
equivalent shall be required to be performed.
10. Obligations ,off and Contributions by Developer.
10.1 Conditions and Mitigations. In consideration
of City entering into this Agreement, Developer agrees to comply
with the Development Criteria in development the project and to
perform certain obligations and provide certain contributions set
forth in the Development Criteria and in this Agreement, which
the City acknowledges will have an overall benefit to the public
and surrounding areas.
10.2 Required Acts, Undertakings or Improvements
to be Constructed by Developer. The Developer shall perform all
the obligations and duties detailed in (Entitlement listing],
including, but not limited to the following generally described
provisions Nhieh-are-mere-fa��}-de�er4bed-tn-Exhibit-u6u-hereto:
a. Exchange �8-acre-par3c-site-parcel-te-the
Baty-ef-Biamend-Bar-fer-9-aeres-along-3.0 acres of the 28 acre
Park Site (Lot 91, vesting Tentative Tract 51407) to the City for
3.0 acres along the southerly side of Larkstone Drive at the
South Pointe School - Site.
b. Dedicate the remaining 25 acres of the
28 acre Park Site (Lot 91, Vesting Tentative Tract 51407) to the
City.
c. Grade portions of Lot 92, Vesting
T Tentative Tract Map No. 51407, (Park Site) as generally indicated
on said map, per the City of Diamond Bar's recommendations and
standards. Site plan to be prepared by R -N -P Development- Inc.
e. d. Construct an access road from Brea
Canyon Road to the South Pointe School. Design by R -N -P
Development Inc., per City standards.
d e. Participate in supplying a looped water
system to the South Pointe School as required by Walnut Valley
Water District.
e- f. Construct a trail system, if so
desired by the City, through the open space along the southerly
E
boundary of the R -N -P Development Inc. property. Design by R -N -P
Development Inc., per City requirements.
f- g. Exchange 3.4 acres of City owned
right-of-way along Brea Canyon Road for 3.4 acres of graded
commercial property within the proposed commercial development
(Lot 92, Vesting Tentative Tract No. 51407). Design by R -N -P
Development Inc., per City requirements.
g- h. Enter into an agreement with
Arciero and& Sons Inc. to pay one half the cost to -grade -the -4-9
mere-Water-Bistriet-PrOPertY-teitY-Owmed}7 of grading 4.0 acres
of city owned commercial Lots 92 and 93, Vesting Tentative Tract
Map No. 32400.
h i. Enter into an agreement with the City of
Diamond Bar to reimburse the City for Construction of Facilities
along Brea Canyon Road and Pathfinder Road.
i- J. Enter into an agreement with
Arciero and& Sons Inc. to fund master planning, environmental
studies, traffic studies, etc., as required by the City.
3. k. Enter into an with Arciero & Sons
Inc. agreement to provide, if necessary, a site for export
material placement for export material -from the South Pointe
School Site (400,000 cubic yards). Standards at the School
Bistriets District's expense.
1. Enter into an agreement with the Walnut
Valley School District and City of Diamond Bar to grade
approximately 2.3 acres of property immediately north and
adjacent to the proposed Park Site.
M. Participate in the transfer of not less
than ten (10) acres of commercially designated land to City for
municipal purposes.
Developer hereby agrees that any fees paid to City
pursuant to this Agreement shall be deemed fully earned
notwithstanding the fact that this Agreement expires or Developer
does not complete the project within the time periods set forth
in this Agreement. However, if this Agreement is terminated due
to City's default, Developer may be entitled to the benefit of an
equitable portion of said fees.
To assure Developer's financial responsibility for all
of the sums which are owed to City pursuant to this Section ----;
10.2, such sums shall be secured by cash, bonds (issued by a
surety company admitted to do business in the State of California
by the California Department of Insurance and having a Best's
rating of A+ and have a Best's financial size category rating of
10
IV or higher), letters of credit (issued by financial
institutions acceptable to City) or other collateral acceptable
to City in a form approved by the City Attorney. Such security
shall be posted with City not later than sixty (60) days
following the effective date of this Agreement.
The fees referred to above include all fees required by
the City to process the Developer's applications for this
Development Agreement, [Entitlement listing] However, the above
fees do not include any processing or application fees which must
be paid to City for review of any application for any permit or
approval for which an application has not been filed or granted
by City at the time of the approval of this Development
Agreement. Other than the improvements which the Developer is to
construct pursuant to tentitlement-jisting}7 the Development
Criteria which are generally described in seetien------ ef this
Agreement, the fees set forth in this Section ------shall include
all improvements to be constructed by the Developer, including
all improvements which are to be constructed outside of the Site;
ns-described-in-Exhibits--------------------herete-.
1975 10.3 Guarantee -qnd Warranty of the
Improvements.
a. If, within a period of one (1) year
following acceptance by the City Council of the grading and works
of improvement specified in Exhibit-----; the Development
Criteria, any grading or works of improvement or parts thereof
furnished, installed or constructed by the Developer, or any of
the work performed under this Agreement, (i) fails to comply with
any requirements of this Agreement of the plans for the grading
or works of improvement and related specifications, or (ii) is
determined to be defective or improperly installed or
constructed, the Developer shall, without delay and without cost
to City, repair, replace or reconstruct any defective or
otherwise unsatisfactory part of parts of the grading or works of
improvement. Developer's obligations hereunder shall include the
repair, replacement or reconstruction of all irrigation systems
and all trees, shrubs, ground cover and landscaping, for such
three one (1) year period. Any repaired, replaced or
reconstructed matters shall be warranted for three -years one (1)
year from acceptance of the repairs, replacement or
reconstruction.
b. Should Developer fail or refuse to act
promptly or in accordance with subparagraph a. above, or should
maintenance or reconstruction be required to be undertaken before
the Developer can be notified, the City may, in its discretion,
make the necessary repairs or replacements or perform the
necessary maintenance or reconstruction. Prior to the issuance
of any grading or construction permit, Developer shall deposit
the sum of $250,000 with City to enable City to perform such
11
repairs, maintenance or reconstruction. If the Developer's
improvement security and the $250,000 cash deposit do not cover
the total cost of such repair, replacement, maintenance or
reconstruction, Developer shall reimburse City for any excess
costs incurred. Further, if Developer does not reimburse City
for said costs within thirty (30) days of City's request for
payment, City shall have the right to record a lien against the
Property in the amount of the sums which City has expended.
Provided that there are then no outstanding warranty claims, any
portion of the deposit remaining upon expiration after the
warranty period shall be refunded to Developer.
C. The bonds furnished for the faithful
performance of the Developer's obligation to construct and
install the grading and works of improvement described in Seetien
------and-Exhibit------the Development criteria shall include
sufficient amounts to cover Developer's liability hereunder for
the three year guarantee and warranty of the grading and works of
improvement.
Ie -6 10.4 Bondina Requirements.
a. At least thirty (30) days prior to the
commencement of any work on the site, including grading and the
construction of the works of improvement, the Developer shall
submit to the City Engineer cost estimates for all such grading
and works of improvement for the purposes of determining the
amount of the bonds therefor. The City Engineer shall determine
whether the estimates are accurate and whether said estimates and
bond amounts must be increased to cover the reasonable cost of
performing the grading and constructing the works of improvement.
The City Engineer's determination shall be final.
b. Prior to commencement of the grading of
the project site or construction of the works of improvement
listed on Exhibit C, and prior to the issuance of permits
therefor, the Developer shall obtain, and shall maintain
throughout the period of the grading and construction of the
project, at its sole expense, the following bonds:
(i). For Performance and Guarantee: A
bond or bonds in an amount equal to one hundred percent (100%) of
the estimated total cost, as determined by the City Engineer, of
the grading and works of improvement described on Exhibit C. The
bonds shall be issued by a surety company admitted to do business
in the State of California by the California Department of
Insurance. For the grading and works of improvement listed -in
Exhibit------; required of Developer, the bonds shall be issued
by a company having a Best rating of A+ and have a Best's
financial size category rating of IV or higher.-Fer-Werk'-Of
improvement-listed-in-Exhibit-----;-the-bends-shall-be-issued-by
a-eempanr-having-a-Bests-rating-ef-B+-er-higher-and-have-a
12
$estts-finQneie�-'ize-entegery-rating-ef-���-er-higher: With
this security, the form of which shall be subject to the City's
prior approval, the Developer assures faithful performance under.
this Agreement and guarantees the grading and works of
improvement for three years after their completion and acceptance
against any defective workmanship or materials or any
unsatisfactory performance.
(ii) For Payment: A bond or bonds in
an amount equal to one hundred percent (100%) of the estimated
total cost, as determined by the City Engineer, of the grading
and works of improvement ------ required of
Developer. The bonds shall be issued by a California admitted
surety company with a Best's rating of B+ or higher and a Best's
financial size category rating of III or higher. with this
security, the form of which shall be subject to the City's prior
approval, the Developer guarantees payment to contractors,
subcontractors, and persons renting equipment or furnishing labor
or materials to them or to the Developer.
C. If the bonds specified in subparagraph
b. of this Paragraph become insufficient in the opinion of the
City, the Developer shall renew or replace any such bond or bonds
with good and sufficient bond or bonds within thirty (30) days
after receiving from City written demand therefor.
d. The bonds required by subparagraph b of
this paragraph shall be kept on file in the office of the City
Clerk. If a bond is replaced by another approved bond, the
replacement shall be filed with the City Clerk and, upon filing,
shall be deemed to have been made a part of and incorporated into
this Agreement. Upon filing and City approval of the replacement
bond, the former bond shall be released.
e. Modifications of the grading or works of
improvement listed -en -Exhibit -----required of Developer by the
Development Criteria which reduce the estimated total cost, as
determined by the City Engineer, of the grading and works of
improvement by an amount not exceeding ten percent (10%) of the
original estimated cost shall not cause City to relieve or
release any bonds furnished by Developer pursuant to this
Agreement. If any such modifications increase the estimated
total cost, as estimated by the City Engineer, by an amount in
excess of ten percent (10%) of the grading and the works of
improvement, Developer shall furnish additional bonds for
performance and guarantee, and for payment, as required by
subparagraph b above, for one hundred percent (100%) of the
revised estimated total cost of the grading and works or
improvement.
13
1977 10.5 Reduction and Release of Bonds.
a. Upon acceptance of all the works of
improvement by the City Council, and upon request of the
Developer, the bonds required by Paragraph 10.6 may be reduced or
released as follows:
(i) Bonds for performance and
guarantees: Unless Developer submits new or additional bonds in
an amount equal to ten percent (10%) of the estimated total cost
of the improvements, the bonds shall not be reduced or released
in an amount greater than ninety percent (90%) of the aggregate
principal amount thereof prior to the expiration of the one-year
guarantee and warranty period specified in Paragraph 10.5, nor
until any claims filed during the warrant period may have been
settled.
(ii) Bonds for payment: Bonds
furnished to secure payment to contractors, subcontractors, and
to persons providing labor, materials or equipment shall, six (6)
months after acceptance of all of the grading and works of
improvement, be reduced to an amount equal to the total amount
claimed by all claimants for whom liens have been filed and of
which notice has been given to City, plus an amount reasonably
determined by the City Engineer to be required to assure the
performance of any other obligations secured by the bonds. The
balance of the bonds shall be released upon settlement of all
claims and obligations for which the bonds were given.
b. If Developer's obligations relating to
any grading or works of improvement are subject to the approval
of another governmental agency, City shall not release the bonds
therefor until the obligations are performed to the satisfaction
of such other governmental agency.
11. Obligations of Ci .
11.1 No Conflicting Enactments. Neither the City
Council of City nor any other agency of City shall enact an
ordinance, policy, rule, regulation or other measure applicable
to the project which is in conflict with this Agreement except as
otherwise provided for in Sections ----------: 12 and 16. This
Section shall not restrict City's ability to enact an ordinance,
policy, rule, regulation or other measure applicable to the
project, as described in Section -----12 of this Agreement and
pursuant to California Government Code Section 65866, in
accordance with the procedures specified in paragraphs----------
ofSection------12. In addition, this Section shall not
restrict City's ability to apply rules and regulations to the
development of the Property even if such measures are
incompatible with the Development Criteria or with other terms of
this Development Agreement if the City determines that the
14
application of such measures are reasonably necessary in order to
protect against an immediate threat to the public health or
safety.
11.2 Effect of Agreement on a_plications for Land
Use Approvals• In connection with any approval which City is
permitted or has the right to make under this Agreement relating
to the project or otherwise under its ordinances, resolutions and
codes, City shall exercise its discretion consistent with the
Development Criteria and this Agreement. Consistent with normal
City procedure, subject to review for completeness, City shall
accept for processing and shall timely review and act on all
applications for further land use entitlement approvals with
respect to the project called for or required under this
Agreement.
11.3 Future Discretionary Reviews. City shall
retain its discretionary powers in reviewing non -ministerial
applications to develop the property ("Discretionary Approvals")
which have not been applied for or granted on the Effective Date
of this Agreement, provided that the reviews be applied in a
manner that is consistent with this Agreement and the Development
Criteria and provided future Discretionary Approvals or
conditions to not conflict with the development of the project or
the land uses, densities or intensities of use, or other matters
permitted by this Agreement. Except as provided herein, future
Discretionary Approvals, including, but not limited to rezonings,
minor lot line adjustments, and plot plans, shall be consistent
with the Development Criteria and the goals identified in
applicable plans, City ordinances, resolutions and policies
regulating the use of land in effect on the Effective Date or
specified in Section -----1.8 of this Agreement. City shall not
impose conditions upon future discretionary reviews or approvals
which conflict with this Agreement and shall not impose Developer
fees or exactions, as defined by Government Code Section
66000(b), over and above the fees required by Seetien----- --et
this Agreement.
11.4 City shall cooperate and use its best efforts
to assist Developer in obtaining any State Fish & Game 1603
permits, as well as any necessary Corp of Engineers Federal 404
permits associated with the blue line stream within Sandstone
Canyon.
City may, in accordance with the limitations contained
in Public Resources Code Section 21166 and consistent with
Government Code Sections 65865.2 and 65866, conduct an
environmental review of future Discretionary Approvals in
connection with the development of the project. City may, as a
result of such review and as may be authorized by law pursuant to
such Section 21166 and consistent with Government Code Sections
15
65865.2 and 65866, impose additional mitigation measures to
mitigate significant adverse environmental effects.
11.5 Reimbursement of Develocer. City shall
administer a reimbursement program for the cost of facilities of
necessary off-site improvements that proportionally benefit other
private landowners within the Master Plan area that are not
obligatory herein. The reimbursement program shall be in effect
for the term of this Agreement.
12. Rules. Regulations and Official Policies.
12.1 New Rules. Nothing in this Agreement shall
prevent City from applying the following new rules, regulations
and policies (collectively "Regulations"), provided that the same
are of general application and are adopted and applied City-wide:
a. Regulations providing for processing
fees and charges imposed by City to cover the estimated actual
costs to City of processing applications for development
approvals, for monitoring compliance with any development
approvals, or for monitoring compliance with environmental impact
mitigation measures but not new developer fees, as that term is
defined in California Government Code Section 66000(b)--whieh-Qre
set-forth-�n-Seet#en-------
b. Procedural regulations relating to
hearing bodies, petitions, applications, notices, findings,
records, hearings, reports, recommendations, appeals and any
other matter of procedure.
C. General regulations governing
construction standards and specifications throughout City
including, without limitation, the City's Building Code, Plumbing
Code, Mechanical Code, Electrical Code, and Fire Code.
d. Regulations which, in City's sole and
reasonable opinion, which are not in conflict with the
Development Criteria or this Agreement.
e. Regulations which are in conflict with
the Development Criteria or this Agreement if such regulations
have been consented to in writing by Developer or are authorized
by this Agreement.
12.2 Taxes and Assessments. City may impose such
new taxes, assessments and fees, including, but not limited to
business license taxes or franchise fees, on the project as are
also imposed on a City-wide basis. Neither Developer nor any
successor to Developer shall file with any public agency any
objection or protest which could have the effect of defeating
such a tax or assessment.
16
12.3 Subsequent Actions and Approvals. In
accordance with Government Code Section 65866, nothing in this
Agreement shall prevent City in subsequent actions applicable to
the Property from applying new rules, regulations and policies
which do not conflict with those existing rules, regulations and
policies set forth in the Development Criteria, nor shall this
Agreement prevent City from denying or conditionally approving
any subsequent development project application on the basis of
such existing or new rules, regulations and policies.
12.4 State and Federal Laws. In the event that
state or federal laws or regulations, enacted or applied after
this Agreement is executed, prevent or preclude compliance with
one or more of the provisions of this Agreement, such provisions
of this Agreement shall be modified or suspended as may be
necessary to comply with any City ordinance, resolution or
regulation mandated and required by changes in state or federal
laws, regulations or decisions; provided, however, that this
Agreement shall remain in full force and effect to the extent it
is not inconsistent with such laws or regulations and to the
extent such laws or regulations do not render such remaining
provisions impractical or impossible to enforce. The procedures
to be used in the event of modification of the Agreement pursuant
to this Section 12.4 shall be the following:
a. Notice and Copies: In the event that:
(i) existing state or federal laws, regulations or decisions or
(ii) such laws, regulations or decisions enacted or adjudicated
after the Effective Date or (iii) the action or inaction of any
other affected governmental jurisdiction prevents or precludes
compliance with any provision of this Agreement or requires
changes in the Development Criteria or programs or actions of
City, each Party with knowledge of the same shall provide the
other Party with: (1) written notice of such state or federal
restriction; (2) a copy of such law, regulation or decision, and
(3) a statement of conflict with the provisions of this
Agreement, Development Criteria, programs, or actions and of the
proposed course of action of the Party giving the notice to
modify or suspend this Agreement, Development Criteria, programs
or action as may be necessary to comply with such state or
federal laws, regulations or decisions.
b. Modification Conference: The Parties
shall, within thirty (30) days of notice pursuant to paragraph a
of this Section, meet and confer in good faith in a reasonable
attempt to modify this Agreement, Development Criteria, programs
or actions if and as necessary to comply with such federal or
state law, regulation or decision.
C. Council Hearings: Regardless of whether
the Parties reach an agreement on the effect of such federal or
state law, regulation or decision upon this Agreement,
17
Development Criteria, programs or actions, the matter shall be
scheduled for a public hearing before the City Council. Ten (10)
days' written notice of such hearing shall be given, pursuant to,
Government Code Section 65867. The City Council, at such
hearing, shall determine the exact modification or suspension
necessitated by such federal or state law or regulation.
Developer, at the hearing, shall have the right to offer oral and
written testimony. Any modification or suspension shall be no
more than is necessary for the Agreement to comply with the newly
enacted state or federal regulation and shall be taken by the
affirmative vote of not less than a majority (three members) of
the City Council. In the event of such modification or
suspension pursuant to this Section 12.4, this Agreement shall
remain in full force and effect to the extent that performance of
the remaining provisions would not materially adversely affect
the economic feasibility of the project. If as a result of
modification or suspension pursuant to this Section 12.4, the
performance of the remaining provisions would materially
adversely affect the economic feasibility of the project, as
determined by Developer, this Agreement may be terminated by
Developer upon sixty (60) days prior to written notice to City.
13. Cancellation of Agreement. This Agreement may be
canceled only by the mutual consent of the Parties in the manner
provided for in Government Code Section 65868, except as provided
in Section 15 below.
14. Enforcement. Unless amended or canceled as
provided in this Agreement or modified or suspended pursuant to
Government Code Section 65869.5, this Agreement is enforceable by
either Party hereto notwithstanding any change in any applicable
general or specific plan, zoning, subdivision or building
regulation or other applicable ordinance or regulation adopted by
City (or by the voters of City unless found by a court of
competent and final jurisdiction to prevail over this Agreement)
which alters or amends the Development Criteria or the timing of
any development.
15. Events of Default.
15.1 Default by Developer. Pursuant to California
Government Code Section 65865.1, if City determines following a
noticed public hearing and on the basis of substantial evidence
that Developer has not complied in good faith with any material
term or condition of this Agreement, as determined by City, City
shall, by written notice to Developer, specify the manner in
which Developer has failed to so comply and state the steps
Developer must take to bring itself into compliance. If, within
thirty (30) days after the effective date of notice from City
specifying the manner in which Developer has failed to so comply,
Developer does not commence all steps reasonably necessary to
bring itself into compliance and thereafter diligently pursue
18
such steps to completion, then Developer shall be deemed tobe in
default under the terms of this Agreement and City may
this Agreement, or may modify its provisions in accordance with
the procedures set forth in Section ---this Agreement or may seek
specific performance as set forth in Section -------this
Agreement.
15.2 Default by city. If Developer determines on
the basis of substantial evidence that City has not complied in
good faith with the terms or conditions of this Agreement,
Developer shall, by written notice to City, specify the manner in
which City has failed to so comply and state the steps necessary
for City to bring itself into compliance. If, within thirty (30)
days after the effective date of notice from Developer specifying
the manner in which City has failed to so comply, city does not
commence all steps reasonably necessary to bring itself into
compliance and thereafter diligently pursue such steps to
completion, then City shall be deemed to be in default under the
terms of this Agreement and Developer may terminate this
Agreement as the sole remedy.
15.3 Specific Performance Remedy. Due to the
size, nature and scope of the project, and due to the fact that
it will not be practical or possible to restore the Property to
its natural condition once implementation of this Agreement has
begun, the Parties acknowledge that money damages and remedies at
law generally are inadequate and that specific performance is
appropriate for the enforcement of this Agreement. Therefore,
the remedy of specific performance shall be available to all
Parties hereto. This subsection shall not limit any other
rights, remedies, or causes of action that any party may have at
law or equity.
15.4 City Not Liable for Damages. It is
acknowledged by the Parties that City would not have entered into
this Agreement if it were to be liable in damages or exposed to
the potential of such liabilities under or with respect to this
Agreement and/or the application thereof. Consequently, City
shall not be liable in damages to Developer, or to any assignee,
transferee of Developer or any other person, and Developer
covenants on behalf of itself and its successors in interest not
to sue for or claim any damages:
a. For any breach of, or which arises out
of, this Agreement.
b. For the taking, impairment or
restriction of any right or interest conveyed or provided
hereunder or pursuant hereto; or
C. Arising out of or connected with any
dispute, controversy or issue regarding the application or
19
interpretation or effect of the provisions of this Agreement;
provided, however, that the foregoing does not limit the
liability of City, if any, for damages which:
(i) Are not for a breach of this
Agreement or which do not arise under this Agreement;
(ii) Are not with respect to any right
or interest conveyed or provided hereunder or pursuant hereto;
and
(iii) Do not arise out of or which are
not connected with any dispute, controversy or issue regarding
the application, interpretation or effect of the provisions of
this Agreement to, or the application of, any City rules,
regulations or official policies.
16. Waivers and Delays.
16.1 Waiver. Failure by a Party to insist upon
the strict performance of any of the provisions of this Agreement
by the other Party, and failure by a Party to exercise its rights
upon a default by the other Party hereto, shall not constitute a
waiver of such Party's right to demand strict compliance with
that provision by such other Party in the future.
16.2 Third Parties. Nonperformance shall not be
excused because of a failure of a third person except as provided
in Section 16.3 below.
16.3 Enforced Delay; Extension of Time of
Performance. In addition to specific provisions of this
Agreement, performance by either Party hereunder shall not be
deemed to be in default where delays or defaults are due to: war,
strikes, walk -outs, riots, floods, earthquakes, the discovery and
resolution of hazardous waste or significant archaeologic or
paleontologic resources on the project Site, fires, acts of Good
or any other deity or life force, governmental restrictions
imposed or mandated by state or federal agencies, delay or
inaction on the part of the other Party to this Agreement, or
enactment of conflicting state or federal laws or regulations or
judicial decisions. Provided, however, that the aggregate of all
extensions from all such causes shall not exceed five (5) years
17. Periodic Review of Compliance with Agreement.
17.1 Periodic Review. City and Developer shall
review this Agreement at least once every twelve (12) months from
the date this Agreement is executed in accordance with Sections
65865 and 65865.1 of the California Government Code. In
addition, City may require review at any time at its sole and
absolute discretion. City shall notify Developer in writing of
20
the date for review at least thirty (30) days prior thereto.
Failure by the City to conduct the periodic review shall not
constitute a breach of this Agreement or a default by City nor
impair City's right to conduct subsequent periodic reviews.
17.2 Good Faith Compliance. During each periodic
review, Developer shall be required to demonstrate that it has
complied in good faith with the terms of this Agreement.
17.3 Information Costs. In connection with the
Periodic Review required by Section 17.1, Developer shall provide
City with such information as City shall reasonably require and
shall pay the costs of such review not to exceed Ten Thousand
Dollars ($10,000). This Section 17.3 shall not be invoked more
than once in each twelve month period of the term hereof.
18. Indemnification and Insurance.
18.1 Indemnification. In addition to its
duties under paragraph 19, Developer agrees to and shall hold
City, its officers, agents, employees and representatives
harmless from liability for damage or claims for damage for
personal injury including death and claims for property damage
which may arise from the activities of Developer or those of
Developer's contractors, subcontractors, agents, employees or
other persons acting on Developer's behalf which relate to the
project. Developer agrees to and shall indemnify and defend City
and its officers, agents, employees, and representatives with
counsel acceptable to City from actions for damages caused or
alleged to have been caused by reason of Developer's activities
in connection with the project, regardless of whether City
prepared, supplied or approved the plans or specifications for
the project.
18.2 Insurance.
a. Prior to commencement of the grading of
the project Site or construction of the works of improvement, or
prior to the issuance of permits therefor, Developer shall
obtain, and shall maintain throughout the period of the grading
and construction of the project, at its sole expense, the
following policies of insurance:
(i) Worker's Compensation Insurance as
required by law. Developer also shall require any contractor to
provide such insurance for their respective employees and to
require any subcontractors to do so as well.
(ii) Comprehensive general liability
insurance protecting Developer in amounts not less than
$1,000,000 for personal injury to any one person, $1,000,000 for
injuries arising out of one occurrence, and $1,000,000 for
21
property damages, or for an aggregate amount not less than
$3,000,000.
b. Each such policy of insurance listed in
subparagraph (a) shall meet the following additional
requirements: (i) it shall be issued by an insurance company
admitted to do business in the State of California by the
California Department of Insurance, have a current Best's rating
of B+ or higher, and have a Best's financial size category
listing of III or higher; (ii) it shall name City, its officers,
agents and employees as additional insureds; (iii) specify that
it acts as primary insurance; (iv) contain a clause substantially
in the following words: "It is hereby understood and agreed that
this policy shall not be permitted to lapse, be canceled nor
materially changed except upon thirty (30) days' prior written
notice to the City of Diamond Bar of such lapse, cancellation or
material change."; and (v),cover the grading and construction of
the works of improvements required for the project; contain a
severability of interests clause substantially similar to the
following: "The insurance afforded by this policy applies
separately to each insured against whom a claim is made or suit
is brought, except with respect to the limit of the insurer's
liability."
C. The Developer shall maintain on file
with the City Clerk during the period of grading and construction
of the project a certificate of certificates of insurance
evidencing the coverage and provisions set forth above in
subparagraph a of this Paragraph 18.2. The insurance
certificate(s) shall be subject to review and approval by City,
and City shall have the right to approve or disapprove any
insurance procured by Developer under the standards of this
Section 18.2.
d. Procurement of insurance by Developer
shall not be construed as a limitation of Developer's liability
or as performance of Developer's duties to indemnify, defend and
hold harmless under this Agreement.
19. Developer's Responsibilities in the Event of Lectal
Challenae. In the event of any legal action challenging the
validity, applicability, or interpretation of any provision of
this Agreement, any of the entitlement documents pertaining to
the project including, without limitation, [Entitlement listing]
the Developer shall indemnify, defend and hold harmless City, its
officers, agents, employees and representatives from and against
all liability, costs and expenses, including attorneys' fees,
incurred by City or awarded against City in relation to such
action. City shall have the right to select counsel of its
choice. In the event of any litigation challenging the
effectiveness of this Agreement, or any portion hereof, this
Agreement shall remain in full force and effect while such
W
litigation, including any appellate review, is pending, unless
otherwise ordered by the court. Absent issuance of an
injunction, Developer may elect to continue development under
this Agreement pending completion of the litigation but it shall
do so at its sole risk, and City shall not be liable for any loss
suffered as a result thereof.
20. Attorney's Fees. If legal action is brought by
either Party against the other for breach of this Agreement, or
to compel performance under this Agreement, the prevailing Party
shall be entitled to an award of reasonable attorneys' fees and
costs.
21. Eminent Domain. No provision of this Agreement
shall be construed to limit or restrict the exercise by City of
its power of eminent domain.
22. Notice. All notices required or provided for
under this Agreement shall be in writing and delivered in person
or deposited in the United States mail, certified and postage
prepaid and addressed as follows:
TO CITY: City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
Attention: City Manager
With a copy to: Markman, Arczynski, Hanson & King
Number One Civic Center Circle
Post office Box 1059
Brea, California 92622-1059
Attention: Andrew V. Arczynski
TO DEVELOPER: R -N -P DEVELOPMENT INC.
With a copy to:
Such notices shall be deemed received upon the actual
date of dispatch of the notice. Either Party may change the
address stated herein by giving notice, in writing, to the other
Party and thereafter notices shall be addressed and submitted to
the new address.
23. Authority to Execute. The person or persons
executing this Agreement on behalf of Developer warrant(s) and
represent(s) that they have the authority to execute this
Agreement on behalf of the corporation, partnership or business
entity for which such person acts and warrant(s) and represent(s)
23
that they have the authority to bind Developer to the performance
of its obligations hereunder.
24. Recordation. This Agreement and any amendment or
modification hereto or cancellation hereof shall be recorded in
the office of the County Recorder of the County of Los Angeles by
the City Clerk within the period required by Section 65868.5 of
the Government Code.
25. Severability of Terms. If any term, provision,
covenant or condition of this Agreement shall be determined
invalid, void or unenforceable, the remainder of this Agreement
shall not be effected thereby to the extent such remaining
provisions are not rendered impractical to enforce.
26. Interpretation and Governing Law. This Agreement
and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of the State of
California.
27. Section Headings. All section headings and
subheadings are inserted for convenience only and shall not
effect any construction or interpretation of this Agreement.
28. incorporation ,off Recitals and Exhibits. Recitals
-----A through -----G and attached Exhibits ----"All through
-----"D" are hereby incorporated herein by this reference as
though fully set forth in full.
29. Rules of Construction and Miscellaneous Terms.
29.1 Gender. The singular includes the plural;
the masculine gender includes the feminine; "shall" is mandatory,
"may" is permissive.
29.2 Time of Essence. Time is of the essence
regarding each provision of this Agreement in which time is an
element.
29.3 Cooperation. Each Party covenants to take
such reasonable actions and execute all documents that may be
necessary to achieve the purposes and objectives of this
Agreement.
24
The Parties have executed this Development Agreement on
the date and year first written above.
Dated: CITY OF DIAMOND BAR,
a Municipal Corporation
ATTEST:
By:
City Clerk
Approved as to form:
By:
City Attorney
Dated:
Approved as to form:
By:
By:
Mayor
25
By:
Its:
By:
Its:
STATE OF CALIFORNIA )
) ss.
- COUNTY OF 1
On before me,
personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me,
personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
N\1012\R"AGREE\DB
26
RECORDING REQUESTED BY, AND �?
WHEN RECORDED, MAIL TO:
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 100
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
(Space Above for Recorder's Use)
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
-- OF DIAMOND BAR AND ARCIERO ANB& SONS INC.,
REGARDING THE DEVELOPMENT KNOWN AS SOUTH
POINTE (ENCLAVE NO. ----} 3)
(Pursuant to Government Code
Sections 65864 - 65869.5)
This DEVELOPMENT AGREEMENT ("Agreement") is made and
entered into this day of , 19 , between the
CITY OF DIAMOND BAR, a municipal corporation ("City") and ARCIERO
ANB& SONS INC. ("Developer"). Developer and City are sometimes
collectively referred to herein as the "Parties."
R E C I T A L S
A. California Government Code H 65864 through
65869.5 ("Development Agreement Law") authorize the City to enter
into binding development agreements with persons having a legal
or equitable interest in real property for the development of
such property, all for the purpose of strengthening the public
planning process, encouraging private participation and
comprehensive planning and reducing the economic costs of such
development.
B. Pursuant to Government Code Section 65865, City
has adopted rules and regulations by Reselut#en-Ne-
-------Ordinances Nos. 1 and 14 of the City Council of the City
of Diamond Bar, California, establishing procedures and
requirements for the consideration of development agreements.
C. Developer is a corporation organized under the
laws of the State of California and is the owner of certain
parcels of the real property comprising the entirety of the South
Pointe development area. Said aggregate property is described on
Exhibit "A" hereto and is referenced as the "Property".
Developer's particular area of ownership within the Property is
set forth on Exhibit "B" hereto and is hereinafter referenced as
the "Site". The Site consists of approximately ----------41
1
acres of undeveloped hillside, canyons and slopes. Developer
also proposes to acquire interest in certain other parcels which
- are within the Property as set forth in Section 10.2.
D. City has caused to be prepared a development
- master plan for the Property which development standards are
commonly known as the "South Pointe Plan Community Zoning
Regulations and Development Standards". The improvements to the
Property include five enclaves which will be developed with
residential, community park, public school and municipally owned
parcels of property, together with the associated parking, roads,
landscaping and other necessary or desirable improvements all as
- more particularly described hereinbelow, which will confer
significant benefits upon City and its residents.
E. An initial Draft Environmental Impact Report
("DEIR") was prepared for the application by Ultra Systems, an
environmental consultant. The DEIR was circulated to interested
parties and agencies between ---------------------ane
-----------------:-*992 October, 1992 and April, 1993. Copies of
the DEIR have been made available for public inspection in the
Planning Department of the City and in the public library within
the City. The Planning Commission conducted duly noticed public
hearings on the DEIR er----------------------- concurrent with the
circulation period. On , 1993, after the
appropriate notice and public hearing, the City certified the
Draft Environmental Impact Report for the project as having been
prepared in compliance with the California Environmental Quality
Act ("CEQA"), as amended, the CEQA guidelines and local CEQA
regulations.
F. In ---------------7 or about March, 1993,
Developer was provided a draft of this Agreement by the City for
- review and comment by the appropriate parties. Said draft has
been revised several times through negotiations between
representatives of City and Developer. On
----------------------- May 24, 1993, after conducting a duly
noticed public hearing in accordance with the Development
Agreement Statute, the City's Planning Commission, the hearing
body for purposes of development agreement review pursuant to
Section 65867 of the Development Agreement Statute, considered
this Agreement and recommended to the City Council of City the
adoption and execution of this Agreement. On
the City Council, after conducting a duly noticed public hearing
in accordance with the Development Agreement Statute and
applicable law, adopted Ordinance No. , which approved this
Agreement, authorized the execution of this Agreement and found
that the provisions of this Agreement were (Entitlement
listing)
- G. For the reasons recited herein, the City has
determined that the project is a development for which this
2
Agreement is appropriate under the Development Agreement Statute.
This Agreement will eliminate uncertainty in planning for and
securing orderly development of the Property, assure progressive
installation of necessary on-site and off-site improvements,
provide public services appropriate to the development of the
Property, facilitate the provision and appropriate location of
community facilities, services and utilities and share attainment
of the maximum effective utilization of resources within the City
of Diamond Bar at the least economic cost to its citizens, and
otherwise achieve the goals and purposes for which the
Development Agreement Statute was enacted. In exchange for these'
benefits to City, City has taken or will take all actions
required in the manner described herein, so that Developer may
begin and consummate development of the project, inejuding-the
fEntit1exent-1iet4:ngt as defined by this Agreement and related
vesting Tentative Tract Map approvals.
The Parties agree as follows:
1. Definitions.
1.1 "Agreement" is this Development Agreement.
1.2 "Agreement Date" is the date this Agreement
is executed by City.
1.3 "CEQA" is the California Environmental
Quality Act, Public Resources Code Section 21000, et seq.
California. 1.4 "City" is the City of Diamond Bar,
1.5 "City Council" is the City Council of City.
1.6 "Developer" is Arciero and& Sons Inc. and its
successors in interest to all or any part of the Property.
1.7 "Development Criteria" consists of the
requirements, provisions and conditions of fEntitiement-listing};
the South Pointe Plan Community Zoning Regulations and
Development Standards;-appiieabie-Bening-regeiatiens;-end-ether
appiieabie-standards set forth in Exhibit "C" hereto, the
resolution(s) approving vesting Tentative Tract Map No. 32400
(Exhibit "D@,), applicable zoning regulations, other applicable
standards and this Agreement for the project Site. The
Development Criteria also consist of all of those ordinances,
resolutions, codes, construction standards and specifications of
the City governing the development of the Property as of the
effective date of this Agreement;-whieh-arc-identified-in-Exhibit
-------. To the extent any of the foregoing are amended from
-- time to time, the Development Criteria shall include such matters
as so amended, provided that the amendments are incorporated into
3
the Development Criteria and applied to the development of the
property with the consent of the Developer or as otherwise
provided by Seetiens--------------------- Section 12 or other
provisions of this Agreement.
_ 1.8 "Effective Date" shall be the day of
199 , which shall be determined by the City
Clerk as the later to occur of the following: (a) thirty (30)
days after adoption of the Ordinance approving this Agreement, or
(b) if a referendum petition is filed regarding any-ef-the
fellewingt-fa} Ordinance No. approving this Agreement
fb}-Ardinanee-Ne-------;-eeppre�*ing-the-Specific-Punt-fe}
_ 6�dinanee-Ne---------approving-the-aening-aMendMenta-for-thin
pre3eet=-er-{d}-Re'e�t�tien-Ne---------approving-the-6enera�-Pan
Amendment ------------- t and (i) fails to qualify for an election,
the date the City Clerk certifies the disqualification of the
referendum petition, or (ii) if a referendum election is held,
the date the election results are declared approving the
Ordinance. The City Clerk shall not insert the Effective Date
into this Section 1.8 of the Development Agreement until the
Developer joins in written direction to the City Clerk to insert
the Effective Date into the blanks provided in Section 1.8 of a
copy of the Development Agreement duly executed by the Developer.
The written instruction may be provided by written endorsement by
the Developer at the bottom of the Ordinance approving the
Development Agreement.
1.9 "Parties" means City and Developer
collectively and "Party" means either City or Developer or both,
as determined by the context.
1.10 "Project" consists of on-site and off-site
improvements contemplated by the Development Criteria with
respect to the Property as the same may be further defined,
enhanced or modified pursuant to the provisions of this
Agreement.
1.11 "Property" is the real property on which the
project is, or will be, located as described on Exhibit -----"All
and depicted on Exhibit --------B,,. If there is any variance
between Exhibit -----"All and Exhibit ----;"B", Exhibit ----"All
shall control.
1.12 "Master Plan" is the South Pointe Plan
Community Zoning Regulations and Development Standards.
2. Exhibits. The following documents are attached
hereto and incorporated herein by this reference:
Exhibit Designation Description
"A" Legal Description of Site
4
"B" Map of Site
"C" South Pointe Planned Community
Zoning Regulations and Development
Standards
"D" Resolution Approving vesting
Tentative Tract Map No. 32400
3. Term. The term of this Agreement shall commence
upon the Effective Date and shall continue until all building
permits required to complete the development of the project as
-- contemplated by the Development Criteria have been issued, which
does not include the issuance of building permits for the
construction of homes on individual lots, provided that in non
event shall such term exceed ten (10) years following the
Effective Date of this Agreement. However, if a lawsuit
challenging this Agreement or any of the other project approvals
adopted prior to or concurrently with the adoption of this
Agreement, the term of this Agreement shall be extended for the
period of time that said lawsuit is pending, not to exceed five
years. Following the expiration of the term, this Agreement
shall.automatically terminate and shall be of no further force
and effect, without the need of further documentation from or
action by the parties hereto.
4. Covenants. Successors and Assigns. Constructive
Notice. It is intended that the provisions of this Agreement
shall, while this Agreement is in effect, constitute covenants
running with the land comprising the Property for the benefit
thereof, and the burdens and benefits hereof shall bind and inure
to the benefit of all successors in interest and assignees of the
Parties hereto. Every Party who nor or hereafter owns or
- acquires any right, title or interest in or to any portion of the
project or the project Site is and shall be conclusively deemed
to have consented and agreed to every provision contained herein,
_ to the extent relevant to said right, title or interest, whether
or not any reference to this Agreement is contained in the
instrument by which such person acquire an interest in the
project or the project Site.
5. Relationship of Parties. The contractual
relationship between City and Developer is that Developer is an
- independent private enterprise and not an officer, agent or
employee of City. The only relationship between City and
Developer is that of a government entity regulating the
development of private property by the owner of such property.
The City and Developer hereby renounce, disclaim, reject and deny
the existence of any form of joint venture, partnership or other
relationship between them, and agree that nothing contained
herein or in any document executed in connection herewith shall
5
be construed as making the City and Developer joint venturers or
partners.
6. Transfers and Assignments.
_ 6.1 Sale, Transfer or Assignment Subject to Citv
Council Approval. Developer shall have the right to sell,
transfer or assign the Property in whole or in part (provided
that no such partial transfer shall cause a violation of the
Subdivision Map Act, Government Code Section 66410, et seq.) to
any person, partnership, joint venture, firm or corporation at
any time during the term of this Agreement provided Developer has
_ obtained written approval of the sale, transfer or assignment by
the City Council; provided, however, that when the sale, transfer
or assignment includes obligations to develop or maintain more
than just the lot(s), such as, for example, the construction of
any street(s) or other infrastructure, any such sale, transfer or
assignment of more than one lot or parcel for development of a
single family residence (1) shall be subject to prior approval by
the City Council, (2) shall include the assignment and assumption
of the rights, duties and obligations arising under or from this
Agreement and (3) shall be made in strict compliance with the
following conditions precedent:
a. At least sixty (60) days prior to any
such sale, transfer or assignment of this Agreement Developer
shall notify City, in writing, of its intent to sell, transfer or
assign the Property or any part thereof and shall provide City
with written evidence and documentation, of a form and substance
reasonably satisfactory to City, demonstrating the experience,
capability, competence, and financial ability of the proposed
buyer, transferee, or assignee to carry out and complete
development of the Project in accordance with the terms of this
Agreement.
b. Within forty-five (45) days after
receipt of the evidence and documentation specified in paragraph
a. of this Section in a form and substance reasonably
satisfactory to the City, or such longer time period as is
mutually agreed to in writing by the Parties, the City Council
shall approve, disapprove or conditionally approve the sale,
transfer or assignment. The City Council shall not unreasonably
withhold its approval and shall base its decision on its findings
_ concerning the experience, capability, competence and financial
ability of the proposed buyer, transferee or assignee to carry
out and complete the project in accordance with the terms of this
Agreement. If the City Council fails to take action with respect
to the sale, transfer or assignment within said forty-five day
period, the Developer shall be entitled to file an action for
specific performance as set forth in Section -----15.3 of this
Agreement.
6
C. No sale, transfer or assignment of any
right or interest under this Agreement shall be made unless such
is accompanied by transfer of legal title to all or a portion of
the site to such purchaser, transferee or assignee.
Any sale, transfer or assignment not made in strict
compliance with the foregoing conditions shall constitute a
default by Developer under this Agreement.
6.2 R lease of Transferring Owner.
Notwithstanding any sale, transfer or assignment, a transferring
Developer shall continue to be obligated under this Agreement
unless such transferring Developer is given a release in writing
by City, which release shall be provided by City upon the full
satisfaction by such transferring Developer of the followi
conditions: ng
a. Developer no longer has a legal or
equitable interest in all or any part of the transferred
Property.
this Agreement. b. Developer is not then in default under
C. Dever has City
lo
of the executed and recordedeagreement to sell, transferhor copy
assign the Property or any part thereof.
d. Developer has provided City with an
assumption of Developer's obligations in a form reasonably
acceptable to the City duly executed by the transferee.
e. There has been full compliance with any
conditions specified in a conditional approval of the sale,
transfer or assignment.
7. Amendment P -f- Agreement. This Agreement may be
amended from time to time by the mutual consent of the Parties
hereto or their successors -in -interest or assignees, in
accordance with the provisions of Development Agreement Statute
Sections 65867, 65867.5 and 65868; provided that: (a) any
amendment to this Agreement which relates to the term, permitted
uses, density or intensity of use, maximum height or size of
proposed buildings, amount of grading, provisions for reservation
of dedication of land for public purposes, shall be amended in
accordance with the procedures specified in paragraphs (a), (b)
and (c) of Section 12.4 and (b) any proposed amendment to this
Agreement which does not relate to the issues described in
subclause (a) above may be adopted by the Parties hereto without
the necessity of prior notice or public hearing unless otherwise
- required by applicable State or Federal law.
7
8. Amendment of Development Criteria. Developer
shall not be entitled to any material change, modification,
revision or alteration in the Development Criteria relating to
the permitted uses of the Property, the density or intensity of
use, the maximum height or size of proposed buildings or the
provision for reservation or dedication of land for public
purposes without review and approval by those agencies of City
approving the Development Criteria in the first instance pursuant
to the procedures specified in paragraphs (a), (b) and (c) of
Section 12.4. The approval of any such amendments or new
entitlement to use shall be in the sole discretion of City.
9. General Development of the Project.
9.1 Project. While this Agreement is in effect,
development of the project by Developer shall be in accordance
with the terms and conditions of this Agreement, and City shall
have the right to require the development of the project to be in
accordance with the terms and conditions of this Agreement.
Except as otherwise specified in this Agreement, the Development
Criteria shall control the overall design, development and
construction of the project and all on-site and off-site
improvements and appurtenances in connection therewith. As
provided in Government Code Section 65865.2, the Development
Criteria shall not prevent development of the project for the
uses and to the density or intensity of development set forth in
the Master Plan which are briefly described below and more
specifically described in Exhibit "C" hereto. (Entitlement
listing]
(a) Permitted Uses: See Exhibit "C" hereto.
(b) Development
Standards: See Exhibit "C" hereto.
hereto- (c) MOXimun-Buitdin -Heights-Bee-Exhibit-ueu
�d,.�-Maxtmttn�-6radtr►a�-fHi��'ide-6rad3rg-Btandarde�- ee-B�eh#bit-ueu
hereto-
+e} Oak Tree Management: See Exhibit "C" hereto and the
environmental mitigation monitoring program hereby incorporated
by reference.
9.2 Timing of Development. Developer agrees to
complete all rough grading and earth moving activities which will
remove vegetative cover from areas to be graded and alter terrain
within ----------------24 months of commencement of such work.
9.3 Public works. If Developer is required by
this Agreement to construct any works of improvement, such as
8
streets for example, which will be dedicated to City or any other
public agency upon completion, and if required by applicable laws
to do so, Developer shall perform such work in the same manner
and subject to the same requirements as would be applicable to
City or such other public agency should it have undertaken such
construction excepting no public works bidding process or its
equivalent shall be required to be performed.
10. Obligations of and Contributions by Developer.
10.1 Conditions and Mitigations. In consideration
of City entering into this Agreement, Developer agrees to comply
-_ with the Development Criteria in development the project and to
perform certain obligations and provide certain contributions set
forth in the Development Criteria and in this Agreement, which
the City acknowledges will have an overall benefit to the public
and surrounding areas.
10.2 Required Acts, Undertakings of Improvements
to be Constructed by Developer. The Developer shall perform all
the obligations and duties detailed in (Entitlement listing],
including, but not limited to the following generally described
provisions which-are-mere-fni�Y-deaeribed-in-Bxhsbft-u6u-berate:
a. Participate in supplying a looped water
system to the South Pointe School as required by Walnut Valley
Water District.
b. Exchange 2.6 acres of City owned
right-of-way along Brea Canyon Road for 2.6 acres of graded
commercial property within the proposed commercial development.
Design by R -N -P Development Inc., City requirements.
C. Enter into an agreement with R -N -P
Development Inc. to pay one half the cost te-grade-the-4:e-aere
Water-Bistriet-property-fe+ty-owned} of grading 4.0 acres of City
owned commercial Lots 92 and 93, vesting Tentative Tract 32400.
d. Enter into an agreement with the City of
Diamond Bar to reimburse the City for Construction of Facilities
- along Brea Canyon Road and between Pathfinder Road and Glenbrook.
e. Enter into an agreement with the Walnut
Valley School District to complete the contracted grading of the
South Pointe School Site, per previous agreement, within 9e 120
days after issuance of grading permits.
f. Participate in the transfer of not less
than ten (10) acres of commercially designated land to City for
municipal purposes.
Developer hereby agrees that any fees paid to City
9
pursuant to this Agreement shall be deemed fully earned
notwithstanding the fact that this Agreement expires or Developer
does not complete the project within the time periods set forth
in this Agreement. However, if this Agreement is terminated due
to City's default, Developer shall be entitled to the benefit of
an equitable portion of said fees.
To assure Developer's financial responsibility for all
of the sums which are owed to City pursuant to this Section ,
- such sums shall be secured by cash, bonds (issued by a surety
company admitted to do business in the State of California by the
California Department of Insurance and having a Best's rating of
_ A+ and have a Best's financial size category rating of IV or
higher), letters of credit (issued by financial institutions
acceptable to City) or other collateral acceptable to City in a
form approved by the City Attorney. Such security shall be
posted with City not later than sixty (60) days following the
effective date of this Agreement.
The fees referred to above include all fees required by
the City to process the Developer's applications for this
Development Agreement, [Entitlement listing] However, the above
fees do not include any processing or application fees which must
be paid to City for review of any application for any permit or
approval for which an application has not been filed or granted
by City at the time of the approval of this Development
- Agreement. Other than the improvements which the Developer is to
construct pursuant to fentitlement-listingl; the Development
criteria, which are generally described in Seetion------ ef this
Agreement, the fees set forth in this Section ------shall include
all improvements to be constructed by the Developer, including
all improvements which are to be constructed outside of the Site;
as-deseribed-in-Exhibits--------------------hereto..-.
49r5 10.3 Guarantee and Warranty of the
Improvements.
a. If, within a period of one (1) year
following acceptance by the City Council of the grading and works
of improvement specified in Exhibit-----,- the Development
Criteria, any grading or works of improvement or parts thereof
furnished, installed or constructed by the Developer, or any of
the work performed under this Agreement, (i) fails to comply with
- any requirements of this Agreement of the plans for the grading
or works of improvement and related specifications, or (ii) is
determined to be defective or improperly installed or
constructed, the Developer shall, without delay and without cost
to City, repair, replace or reconstruct any defective or
otherwise unsatisfactory part of parts of the grading or works of
improvement. Developer's obligations hereunder shall include the
repair, replacement or reconstruction of all irrigation systems
and all trees, shrubs, ground cover and landscaping, for such
10
three one (1) year period. Any repaired, replaced or
reconstructed matters shall be warranted for three -years one (1)
year from acceptance of the repairs, replacement or
reconstruction.
b. Should Developer fail or refuse to act
promptly or in accordance with subparagraph a. above, or should
maintenance or reconstruction be required to be undertaken before
the Developer can be notified, the City may, in its discretion,
make the necessary repairs or replacements or perform the
necessary maintenance or reconstruction. Prior to the issuance
of any grading or construction permit, Developer shall deposit
- the sum of $250,000 with City to enable City to perform such
repairs, maintenance or reconstruction. If the Developer's
improvement security and the $250,000 cash deposit do not cover
the total cost of such repair, replacement, maintenance or
reconstruction, Developer shall reimburse City for any excess
costs incurred. Further, if Developer does not reimburse City
for said costs within thirty (30) days of City's request for
payment, City shall have the right to record a lien against the
Property in the amount of the sums which City has expended.
Provided that there are then no outstanding warranty claims, any
portion of the deposit remaining upon expiration after the
warranty period shall be refunded to Developer.
C. The bonds furnished for the faithful
performance of the Developer's obligation to construct and
install the grading and works of improvement described in Seetien
------ erd-Exh#bit ------ the Development Criteria shall include
sufficient amounts to cover Developer's liability hereunder for
the three year guarantee and warranty of the grading and works of
improvement.
19r6 10.4 Bonding Requirements.
a. At least thirty (30) days prior to the
commencement of any work on the site, including grading and the
construction of the works of improvement, the Developer shall
submit to the City Engineer cost estimates for all such grading
and works of improvement for the purposes of determining the
amount of the bonds therefor. The City Engineer shall determine
whether the estimates are accurate and whether said estimates and
bond amounts must be increased to cover the reasonable cost of
performing the grading and constructing the works of improvement.
The City Engineer's determination shall be final.
b. Prior to commencement of the grading of
the project site or construction of the works of improvement
listed on Exhibit C, and prior to the issuance of permits
therefor, the Developer shall obtain, and shall maintain
throughout the period of the grading and construction of the
project, at its sole expense, the following bonds:
11
(i). For Performance and Guarantee: A
bond or bonds in an amount equal to one hundred percent (100%) of
the estimated total cost, as determined by the City Engineer, of
the grading and works of improvement described on Exhibit C. The
bonds shall be issued by a surety company admitted to do business
in the State of California by the California Department of
Insurance. For the grading and works of improvement listed -in
Exhibit------; required of Developer, the bonds shall be issued
by a company having a Best rating of A+ and have a Best's
financial size category rating of IV or higher. -icer -works -e#
i�xpre�*ement-listed-in-Exhibit-------the-bends-shall-be-issued-bp
-- a-eeipanr-having-a-Bests-rating-ef-B+-er-higher-and-have-a
$eat s-firtaneial-sine-eabegerY-rating-ef-���-er-higher.- With
this security, the form of which shall be subject to the City's
prior approval, the Developer assures faithful performance under
this Agreement and guarantees the grading and works of
improvement for three years after their completion and acceptance
against any defective workmanship or materials or any
-- unsatisfactory performance.
an amount equal to one hu(ii) For RAyment: bonds
ndred percent (10o%)Aofond theoestimatedn
total cost, as determined by the City Engineer, of the grading
and works of improvement deseribed-in-Exhibit------
of
Developer by the Development Criteria. The bonds shall ibedissued
by a California admitted surety company with a Best's rating of
B+ or higher and a Best's financial size category rating of III
or higher. with this security, the form of which shall be
subject to the City's prior approval, the Developer guarantees
payment to contractors, subcontractors, and persons renting
equipment or furnishing labor or materials to them or to the
Developer.
C. If the bonds specified in subparagraph
b. of this Paragraph become insufficient in the opinion of the
City, the Developer shall renew or replace any such bond or bonds
with good and sufficient bond or bonds within thirty (30) days
after receiving from City written demand therefor.
d. The bonds required by subparagraph b of
this paragraph shall be kept on file in the office of the City
Clerk. If a bond is replaced by another approved bond, the
replacement shall be filed with the City Clerk and, upon filing,
shall be deemed to have been made a part of and incorporated into
this Agreement. Upon filing and City approval of the replacement
bond, the former bond shall be released.
e. Modifications of the grading or works of
improvement -listed -en -Exhibit_____ improvements required by
Developer by the Development Criteria which reduce the estimated
total cost, as determined by the City Engineer, of the grading
12
and works of improvement by an amount not exceeding ten percent
(10%) of the original estimated cost shall not cause City to
relieve or release any bonds furnished by Developer pursuant to
this Agreement. If any such modifications increase the estimated
total cost, as estimated by the City Engineer, by an amount in
excess of ten percent (10$) of the grading and the works of
improvement, Developer shall furnish additional bonds for
performance and guarantee, and for payment, as required by
subparagraph b above, for one hundred percent (100$) of the
revised estimated total cost of the grading and works or
improvement.
1e -:F 10.5 Reduction and Re ease !at Bonds.
a. Upon acceptance of all the works of
improvement by the City Council, and upon request of the
Developer, the bonds required by Paragraph 10.6 may be reduced or
released as follows:
(i) Bonds for performance and
guarantees: Unless Developer submits new or additional bonds in
an amount equal to ten percent (10$) of the estimated total cost
of the improvements, the bonds shall not be reduced or released
in an amount greater than ninety percent (90%) of the aggregate
principal amount thereof prior to the expiration of the one-year
guarantee and warranty period specified in Paragraph 10.5, nor
until any claims filed during the warrant period may have been
settled.
(ii) Bonds for payment: Bonds
furnished to secure payment to contractors, subcontractors, and
to persons providing labor, materials or equipment shall, six (6)
months after acceptance of all of the grading and works of
improvement, be reduced to an amount equal to the total amount
claimed by all claimants for whom liens have been filed and of
which notice has been given to City, plus an amount reasonably
determined by the City Engineer to be required to assure the
performance of any other obligations secured by the bonds. The
balance of the bonds shall be released upon settlement of all
claims and obligations for which the bonds were given.
b. If Developer's obligations relating to
any grading or works of improvement are subject to the approval
of another governmental agency, City shall not release the bonds
therefor until the obligations are performed to the satisfaction
of such other governmental agency.
11. Obligations of City.
11.1 N2 Conflicting Enactments. Neither the City
Council of City nor any other agency of City shall enact an
ordinance, policy, rule, regulation or other measure applicable
13
to the project which is in conflict with this Agreement except as
otherwise provided for in Sections -
Section shall not restrict City's abreility16. This
to enactaan ordinance,
Policy, rule, gulation or other measure applicable to the
project, as described in Section -----12 of this AereeMent
Agreement and pursuant to California Government Code Section
65866, in accordance with the procedures specified in paragraphs
----------ef Section ------ 12. In addition, this Section shall
not restrict City's ability to apply rules and regulations to the
development of the Property even if such measures are
incompatible with the Development Criteria or with other terms of
this Development Agreement if the City determines that the
application of such measures are reasonably necessary in order to
protect against an immediate threat to the public health or
safety.
11.2 feet of Agreement on avolications for Land
Use ARRK vals. In connection with any approval which City is
permitted or has the right to make under this Agreement relating
to the project or otherwise under its ordinances, resolutions and
codes, City shall exercise its discretion consistent with the
Development Criteria and this Agreement. Consistent with normal
City procedure, subject to review for completeness, City shall
accept for processing and shall timely review and act on all
applications for further land use entitlement approvals with
respect to the project called for or required under this
Agreement.
11.3 Future Discretionary Reviews. City shall
retain its discretionary powers in reviewing non -ministerial
applications to develop the property ("Discretionary Approvals")
which have not been applied for or granted on the Effective Date
of this Agreement, provided that the reviews be applied in a
manner that is consistent with this Agreement and the Development
Criteria and provided future Discretionary Approvals or
conditions to not conflict with the development of the project or
the land uses, densities or intensities of use, or other matters
permitted by this Agreement. Except as provided herein, future
Discretionary Approvals, including, but not limited to rezonings,
minor lot line adjustments, and plot plans, shall be consistent
with the Development Criteria and the goals identified in
applicable plans, City ordinances, resolutions and policies
regulating the use of land in effect on the Effective Date or
specified in Section -----1.8 of this Agreement. City shall not
impose conditions upon future discretionary reviews or approvals
which conflict with this Agreement and shall not impose Developer
fees or exactions, as defined by Government Code Section
66000(b), over and above the fees required by Section ------- ef
this Agreement.
City may, in accordance with the limitations contained
in Public Resources Code Section 21166 and consistent with
14
Government Code Sections 65865.2 and 65866, conduct an
environmental review of future Discretionary Approvals in
connection with the development of the project. City may, as a
result of such review and as may be authorized by lawPursuant '
such Section 21166 and consistent with Government Code Sections
65865.2 and 65866, impose additional mitigation measures to
mitigate significant adverse environmental effects.
11.1imburse ent 21 Developer. City shall
administer a reimbursement program for the cost of facilities of
necessary off-site improvements that proportionally benefit other
private landowners within the Master Plan area that are not
obligatory herein. The reimbursement program shall be in effect
for the term of this Agreement.
12 Rules. Regulations and Official kolicies.
12.1 New Rules. Nothing in this Agreement shall
prevent City from applying the following new rules, regulations
and policies (collectively "Regulations"), provided that the same
are of general application and are adopted and applied City-wide:
a. Regulations providing for processing
fees and charges imposed by City to cover the estimated actual
costs to City of processing applications for development
approvals, for monitoring compliance with any development
approvals, or for monitoring compliance with environmental impact
mitigation measures but not new developer fees, as that term is
defined in California Government Code Section 66000(b);-whieh-ere
set -forth -in -Heenan -------
b. Procedural regulations relating to
hearing bodies, petitions, applications, notices, findings,
records, hearings, reports, recommendations, appeals and any
other matter of procedure.
c. General regulations governing
construction standards and specifications throughout City
including, without limitation, the City's Building Code, Plumbing
Code, Mechanical Code, Electrical Code, and Fire Code.
d. which,
reasonable opinion, whichRare lnot oin conflictnwithythesole and
Development Criteria or this Agreement.
ct
the Development Criteria orgthis lAgreement ifwhichesuchconfliregulationsh
have been consented to in writing by Developer or are authorized
by this Agreement.
new taxes, assessmentsand
12.2 xay
fees, including, butnot ylimited ose toch
15
business license taxes or franchise fees, on the project as are
also imposed on a City-wide basis. Neither Developer nor any
successor to Developer shall file with any public agency any
objection or protest which could have the effect of defeating
such a tax or assessment.
12.3 Subsequent Actions and Approvals. In
accordance with Government Code Section 65866, nothing in this
Agreement shall prevent City in subsequent actions applicable to
the Property from applying new rules, regulations and policies
which do not conflict with those existing rules, regulations and
policies set forth in the Development Criteria, nor shall this
Agreement prevent City from denying or conditionally approving
any subsequent development project application on the basis of
such existing or new rules, regulations and policies.
12.4 State and Federal Laws. In the event that
state or federal laws or regulations, enacted or applied after
this Agreement is executed, prevent or preclude compliance with
one or more of the provisions of this Agreement, such provisions
of this Agreement shall be modified or suspended as may be
necessary to comply with any City ordinance, resolution or
regulation mandated and required by changes in state or federal
laws, regulations or decisions; provided, however, that this
Agreement shall remain in full force and effect to the extent it
is not inconsistent with such laws or regulations and to the
extent such laws or regulations do not render such remaining
provisions impractical or impossible to enforce. The procedures
to be used in the event of modification of the Agreement pursuant
to this Section 12.4 shall be the following:
a. Notice and Copies: In the event that:
(i) existing state or federal laws, regulations or decisions or
(ii) such laws, regulations or decisions enacted or adjudicated
after the Effective Date or (iii) the action or inaction of any
other affected governmental jurisdiction prevents or precludes
compliance with any provision of this Agreement or requires
changes in the Development Criteria or programs or actions of
City, each Party with knowledge of the same shall provide the
other Party with: (1) written notice of such state or federal
restriction; (2) a copy of such law, regulation or decision, and
(3) a statement of conflict with the provisions of this
Agreement, Development Criteria, programs, or actions and of the
proposed course of action of the Party giving the notice to
modify or suspend this Agreement, Development Criteria, programs
or action as may be necessary to comply with such state or
federal laws, regulations or decisions.
b. Modification Conference: The Parties
shall, within thirty (30) days of notice pursuant to paragraph a
of this Section, meet and confer in good faith in a reasonable
attempt to modify this Agreement, Development Criteria, programs
16
or actions if and as necessary to comply with such federal or
state law, regulation or decision.
C. Council Hearings: Regardless of whether
the Parties reach an agreement on the effect of such federal or
state law, regulation or decision upon this Agreement,
Development Criteria, programs or actions, the matter shall be
scheduled for a public hearing before the City Council. Ten (10)
days' written notice of such hearing shall be given, pursuant to
- Government Code Section 65867. The City Council, at such
hearing, shall determine the exact modification or suspension
necessitated by such federal or state law or regulation.
Developer, at the hearing, shall have the right to offer oral and
written testimony. Any modification or suspension shall be no
more than is necessary for the Agreement to comply with the newly
enacted state or federal regulation and shall be taken by the
affirmative vote of not less than a majority (three members) of
the City Council. In the event of such modification or
suspension pursuant to this Section 12.4, this Agreement shall
remain in full force and effect to the extent that performance of
the remaining provisions would not materially adversely affect
the economic feasibility of the project. If as a result of
modification or suspension pursuant to this Section 12.4, the
performance of the remaining provisions would materially
adversely affect the economic feasibility of the project, as
determined by Developer, this Agreement may be terminated by
Developer upon sixty (60) days prior to written notice to City.
13. Cancellation of Agreement. This Agreement may be
canceled only by the mutual consent of the Parties in the manner
provided for in Government Code Section 65868, except as provided
in Section 15 below.
14. Enforcement. Unless amended or canceled as
provided in this Agreement or modified or suspended pursuant to
Government Code Section 65869.5, this Agreement is enforceable by
either Party hereto notwithstanding any change in any applicable
general or specific plan, zoning, subdivision or building
regulation or other applicable ordinance or regulation adopted by
City (or by the voters of City unless found by a court of
competent and final jurisdiction to prevail over this Agreement)
which alters or amends the Development Criteria or the timing of
any development.
15. Events of Default.
15.1 Default by Developer. Pursuant to California
Government Code Section 65865.1, if City determines following a
noticed public hearing and on the basis of substantial evidence
that Developer has not complied in good faith with any material
term or condition of this Agreement, as determined by City, City
shall, by written notice to Developer, specify the manner in
17
which Developer has failed to so comply and state the steps
Developer must take to bring itself into compliance. If, within
thirty (30) days after the effective date of notice from City
specifying the manner in which Developer has failed to so comply,
Developer does not commence all steps reasonably necessary to
bring itself into compliance and thereafter diligently pursue
such steps to completion, then Developer shall be deemed to be in
default under the terms of this Agreement and City may terminate
this Agreement, or may modify its provisions in accordance with
the procedures set forth in Seetion --- this Agreement or may seek
specific performance as set forth in Seetion ------- this
Agreement.
15.2 Default by City. If Developer determines on
the basis of substantial evidence that City has not complied in
good faith with the terms or conditions of this Agreement,
Developer shall, by written notice to City, specify the manner in
which City has failed to so comply and state the steps necessary
for City to bring itself into compliance. If, within thirty (30)
days after the effective date of notice from Developer specifying
the manner in which City has failed to so comply, City does not
commence all steps reasonably necessary to bring itself into
compliance and thereafter diligently pursue such steps to
completion, then City shall be deemed to be in default under the
terms of this Agreement and Developer may terminate this
Agreement as the sole remedy.
15.3 Specific Performance Remedy. Due to the
size, nature and scope of the project, and due to the fact that
it will not be practical or possible to restore the Property to
its natural condition once implementation of this Agreement has
begun, the Parties acknowledge that money damages and remedies at
law generally are inadequate and that specific performance is
appropriate for the enforcement of this Agreement. Therefore,
the remedy of specific performance shall be available to all
Parties hereto. This subsection shall not limit any other
rights, remedies, or causes of action that any party may have at
law or equity.
15.4 City Not Liable for Damages. It is
acknowledged by the Parties that City would not have entered into
this Agreement if it were to be liable in damages or exposed to
the potential of such liabilities under or with respect to this
Agreement and/or the application thereof. Consequently, City
shall not be liable in damages to Developer, or to any assignee,
transferee of Developer or any other person, and Developer
covenants on behalf of itself and its successors in interest not
to sue for or claim any damages:
of, this Agreement.
a. For any breach of, or which arises out
18
b. For the taking, impairment or
restriction of any right or interest conveyed or provided
hereunder or pursuant hereto; or
C. Arising out of or connected with any
dispute, controversy or issue regarding the application or
interpretation or effect of the provisions of this Agreement;
provided, however, that the foregoing does not limit the
liability of City, if any, for damages which:
(i) Are not for a breach of this
Agreement or which do not arise under this Agreement;
(ii) Are not with respect to any right
or interest conveyed or provided hereunder or pursuant hereto;
and
(iii) Do not arise out of or which are
not connected with any dispute, controversy or issue regarding
the application, interpretation or effect of the provisions of
this Agreement to, or the application of, any City rules,
regulations or official policies.
16. Waivers and Delays.
16.1 Waiver. Failure by a Party to insist upon
the strict performance of any of the provisions of this Agreement
by the other Party, and failure by a Party to exercise its rights
upon a default by the other Party hereto, shall not constitute a
waiver of such Party's right to demand strict compliance with
that provision by such other Party in the future.
16.2 Third Parties. Nonperformance shall not be
excused because of a failure of a third person except as provided
in Section 16.3 below.
16.3 Enforced Delay; Extension of Time of
Performance. In addition to specific provisions of this
Agreement, performance by either Party hereunder shall not be
deemed to be in default where delays or defaults are due to: war,
strikes, walk -outs, riots, floods, earthquakes, the discovery and
resolution of hazardous waste or significant archaeologic or
paleontologic resources on the project Site, fires, acts of Good
or any other deity or life force, governmental restrictions
imposed or mandated by state or federal agencies, delay or
inaction on the part of the other Party to this Agreement, or
enactment of conflicting state or federal laws or regulations or
judicial decisions. Provided, however, that the aggregate of all
extensions from all such causes shall not exceed five (5) years
19
17. Periodic Review Qf Compliance with Agreement.
17.1 Periodic Review. City and Developer shall
review this Agreement at least once every twelve (12) months from
the date this Agreement is executed in accordance with Sections
65865 and 65865.1 of the California Government Code. In
addition, City may require review at any time at its sole and
absolute discretion. City shall notify Developer in writing of
the date for review at least thirty (30) days prior thereto.
Failure by the City to conduct the periodic review shall not
constitute a breach of this Agreement or a default by City nor
impair City's right to conduct subsequent periodic reviews.
17.2 Good Faith Compliance. During each periodic
review, Developer shall be required to demonstrate that it has
complied in good faith with the terms of this Agreement.
17.3 Information Costs. In connection with the
Periodic Review required by Section 17.1, Developer shall provide
City with such information as City shall reasonably require and
shall pay the costs of such review not to exceed Ten Thousand
Dollars ($10,000). This Section 17.3 shall not be invoked more
than once in each twelve month period of the term hereof.
18. Indemnification and Insurance.
18.1 Indemnification. In addition to its duties
under paragraph 19, Developer agrees to and shall hold City, its
officers, agents, employees and representatives harmless from
liability for damage or claims for damage for personal injury
including death and claims for property damage which may arise
from the activities of Developer or those of Developer's
contractors, subcontractors, agents, employees or other persons
acting on Developer's behalf which relate to the project.
Developer agrees to and shall indemnify and defend City and its
officers, agents, employees, and representatives with counsel
acceptable to City from actions for damages caused or alleged to
have been caused by reason of Developer's activities in
connection with the project, regardless of whether City prepared,
supplied or approved the plans or specifications for the project.
18.2 Insurance.
a. Prior to commencement of the grading of
the project Site or construction of the works of improvement, or
prior to the issuance of permits therefor, Developer shall
obtain, and shall maintain throughout the period of the grading
and construction of the project, at its sole expense, the
following policies of insurance:
20
(i) Worker's Compensation Insurance as
required by law. Developer also shall require any contractor to
provide such insurance for their respective employees and to
require any subcontractors to do so as well.
(ii) Comprehensive general liability
insurance protecting Developer in amounts not less than
$1,000,000 for personal injury to any one person, $1,000,000 for
injuries arising out of one occurrence, and $1,000,000 for
property damages, or for an aggregate amount not less than
$3,000,000.
b. Each such policy of insurance listed in
subparagraph (a) shall meet the following additional
requirements: (i) it shall be issued by an insurance company
admitted to do business in the State of California by the
California Department of Insurance, have a current Best's rating
of B+ or higher, and have a Best's financial size category
listing of III or higher; (ii) it shall name City, its officers,
agents and employees as additional insureds; (iii) specify that
it acts as primary insurance; (iv) contain a clause substantially
in the following words: "It is hereby understood and agreed that
this policy shall not be permitted to lapse, be canceled nor
materially changed except upon thirty (30) days' prior written
notice to the City of Diamond Bar of such lapse, cancellation or
material change."; and (v) cover the grading and construction of
the works of improvements required for the project; contain a
severability of interests clause substantially similar to the
following: "The insurance afforded by this policy applies
separately to each insured against whom a claim is made or suit
is brought, except with respect to the limit of the insurer's
liability."
C. The Developer shall maintain on file
with the City Clerk during the period of grading and construction
of the project a certificate of certificates of insurance
evidencing the coverage and provisions set forth above in
subparagraph a of this Paragraph 18.2. The insurance
certificate(s) shall be subject to review and approval by City,
and City shall have the right to approve or disapprove any
insurance procured by Developer under the standards of this
Section 18.2.
d. Procurement of insurance by Developer
shall not be construed as a limitation of Developer's liability
or as performance of Developer's duties to indemnify, defend and
hold harmless under this Agreement.
19. Developer's Responsibilities in the Event of Leaal
Challenge. In the event of any legal action challenging the
validity, applicability, or interpretation of any provision of
this Agreement, any of the entitlement documents pertaining to
21
the project including, without limitation, [Entitlement listing]
the Developer shall indemnify, defend and hold harmless City, its
officers, agents, employees and representatives from and against
all liability, costs and expenses, including attorneys' fees,
incurred by City or awarded against City in relation to such
action. City shall have the right to select counsel of its
choice. In the event of any litigation challenging the
effectiveness of this Agreement, or any portion hereof, this
Agreement shall remain in full force and effect while such
litigation, including any appellate review, is pending, unless
otherwise ordered by the court. Absent issuance of an
injunction, Developer may elect to continue development under
this Agreement pending completion of the litigation but it shall
do so at its sole risk, and City shall not be liable for any loss
suffered as a result thereof.
20. Attorney's Fees. If legal action is brought by
either Party against the other for breach of this Agreement, or
to compel performance under this Agreement, the prevailing Party
shall be entitled to an award of reasonable attorneys' fees and
costs.
21. Eminent Domain. No provision of this Agreement
shall be construed to limit or restrict the exercise by City of
its power of eminent domain.
22. Notices. All notices required or provided for
under this Agreement shall be in writing and delivered in person
or deposited in the United States mail, certified and postage
prepaid and addressed as follows:
TO CITY: City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
Attention: City Manager
With a copy to: Markman, Arczynski, Hanson & King
Number One Civic Center Circle
Post Office Box 1059
Brea, California 92622-1059
Attention: Andrew V. Arczynski
TO DEVELOPER: Arciero end& Sons Inc.
With a copy to: Cantor & Weinshenk
6345 Balboa Boulevard, Suite 210
Encino, California 91316-1517
Attention: Jon D. Cantor
Such notices shall be deemed received upon the actual
date of dispatch of the notice. Either Party may change the
address stated herein by giving notice, in writing, to the other
22
Party and thereafter notices shall be addressed and submitted to
the new address.
23. Authority to Execute. The person or persons
executing this Agreement on behalf of Developer warrant(s) and
represent(s) that they have the authority to execute this
Agreement on behalf of the corporation, partnership or business
entity for which such person acts and warrant(s) and represent(s)
that they have the authority to bind Developer to the performance
of its obligations hereunder.
24. Recordation. This Agreement and any amendment or
modification hereto or cancellation hereof shall be recorded in
the Office of the County Recorder of the County of Los Angeles by
the City Clerk within the period required by Section 65868.5 of
the Government Code.
25. Severability gf Terms. If any term, provision,
covenant or condition of this Agreement shall be determined
invalid, void or unenforceable, the remainder of this Agreement
shall not be effected thereby to the extent such remaining
provisions are not rendered impractical to enforce.
26. Interpretation and Governing Law. This Agreement
and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of the State of
California.
27. Section Headings. All section headings and
subheadings are inserted for convenience only and shall not
effect any construction or interpretation of this Agreement.
28. Incorporation of Recitals and Exhibits. Recitals
-----A through -----C and attached Exhibits ----TIMI through
-----I'D are hereby incorporated herein by this reference as
though fully set forth in full.
29. Rules of Construction and Miscellaneous Terms.
29.1 Gender. The singular includes the plural;
the masculine gender includes the feminine; "shall" is mandatory,
"may" is permissive.
29.2 Time of Essence. Time is of the essence
regarding each provision of this Agreement in which time is an
element.
29.3 Cooperation. Each Party covenants to take
such reasonable actions and execute all documents that may be
necessary to achieve the purposes and objectives of this
Agreement.
23
The Parties have executed this Development Agreement on
the date and year first written above.
Dated: CITY OF DIAMOND BAR,
a Municipal Corporation
By:
Mayor
ATTEST:
By:
City Clerk
Approved as to form:
By. r
City Attorney
Dated:
By:
Its:
By:
Its:
Approved as to form:
By:
24
STATE OF CALIFORNIA )
ss.
COUNTY OF }
On before me,
personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
STATE OF CALIFORNIA
pz�-ffl
COUNTY OF
Witness my hand and official seal.
Notary Public in and for said State
On before me,
personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
N�10121SPDEVAGIDB 2 5
CITY COUNCIL REPORT
AGENDA NO. 'q .1
MEETING DATE: May 9, 1994 Report Revised May 5, 1994
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Planning Commission
FROM: Terrence L. Belanger, City Manager
SUBJECT: Development Agreement Nos. 92-1 and 2; Vesting Tentative
Tract Map No. 51407, Conditional Use Permit No. 92-8 and
Oak Tree Permit No. 92-8; Vesting Tentative Tract No.
32400, Conditional Use Permit No. 91-5, and Oak Tree
Permit No. 91-2; Tentative Tract Map No. 51253 and
Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-
9; the South Pointe Master Plan; and Environmental Impact
Report No. 92-1.
ISSUE STATEMENT: The applications submitted request approval of a mixed
use project, known as the South Pointe Master Plan,
consisting of land uses which include residential,
commercial, park, open space and school facilities. The
project site is approximat4ly 171 acres in size and is
located north of Pathfinder Road, west of Brea Canyon
Road, east of Morning Sun Drive, and south of Rapid View
Drive. The project proposes to develop 30 acres of
commercial retail/office space of 290,000 square feet;
approximately 200 single-family detached residential
dwelling units, a 28 acre neighborhood park; and the
construction of a middle school.
RECOMMENDATION: It is recommended that the City Council receive a
presentation from the staff and project developers; open
the Public Hearing, receive public testimony, and take
appropriate action.
1
PROJECT SMOUIRY: _The South Pointe Master Plan has been proposed to guide
the development of 171 acres in the South Pointe Middle
School/ Sandstone Canyon area. The Master Plan incorpor-
ates property owned by five entities; the City of Diamond
Bar, Walnut Valley Unified School District, Arciero and
Sons, Inc., RNP Development, Inc. and Sasak Corporation.
The proposed project of record, if approved, will
consist of approximately 82 residential acres for
construction of 200 single family homes, 30 acres
proposed for a future commercial/office use, 28 acres
proposed for open space as a public park site, and 31
acres proposed for the construction of the South Pointe
Middle School (see Exhibit "A"). As presently
contemplated, the project will be developed over a
projected ten year period. Under the proposed
development plan, all of the residential dwelling units,
one-half of the commercial/office use, and the park site
will be completed within a projected five year period.
The remaining commercial/office use is projected to be
completed within the remaining ten year period.
To accommodate the proposed land uses, a number of
circulation system improvements are required. These
include the creation of new local streets within the
project site, a new access road to the school from Brea
Canyon Road, improvements to Brea Canyon Road, and area
off-site street and intersection modifications including
new signalization.
The proposed project will require the approval and
implementation of Developmept Agreements between the City
and the project applicants, adoption of a Master Plan,
conditional Use Permits, oak Tree Permits, Subdivision
approvals and an Environmental Impact Report. .The
Planning Commission has reviewed the proposed project and
has recommended City Council approval.
PROJECT APPLICAVOW The applicants for the proposed project are:
(1)
RNP Development, Inc..4439
Rhodelia Dr.,
Claremont
CA 91711
(2)
Arciero and Sons, Inc. 950
North Tustin,
Anaheim,
CA 92807
(3)
Sasak Corporation, 858 W.
9th Street,
Upland CA
91785
(4)
City of Diamond Bar, 21660
E. Copley Dr.,
Ste. 100,
Diamond Bar, CA 91765
2
The property owners within the boundary of the master plan area include the
applicants and the Walnut Valley Unified School District. Ownership
boundaries are identified within Exhibit "B", attached.
BACKGROUND: On July 27, 1993, the City Council adopted,the General Plan.
Prior to the General Plan's adoption, Ordinance No. 4 prohibited the hearing
and consideration of the South Pointe Master Plan. On.September 14, 1993,
the City Council began the public hearing process to consider development
applications for the South Pointe Master Plan project. The Council received
a presentation on the proposal from the City Staff and a summary of the
environmental review process from the City's environmental consultant. The
public hearing on the project was continued to September 28, 1993, October 5,
1993, November 16, 1993, and January 4, 1994. As a result of the City
Council action of December 14, 1993, to. repeal Resolution 93-58, which
adopted the General Plan, the project was tabled. Subsequently, actions were -
taken to develop a new General Plan and a State of California Office of
Planning and Research General Plan Extension letter was obtained which
enables the City to process certain previously applied for development
projects. The Walnut Valley Unified School District has recently asked the
City for assistance in order that the district may begin construction of the
middle. school facilities. At issue is the removal of approximately 400,000
cubic yards of earth from the school site in order to facilitate construction
of the permanent South Pointe school. The South Pointe Master Plan
contemplates the relocation of the earth from the school site to Arciero's
proposed subdivision site.
Considerable community input has been received for and against the project.
As a result, the private developers have discussed the submittal of an
alternative proposal for consideration along with the project now before the
City Council. The Planning Commission has been asked to participate in the
public presentation such that they -may cleliberate and comment, as
appropriate, upon any proposed modification to the,project not previously
considered by 'the Commission during its earlier public hearings. Time is of.
the essence in regards to the WVUSD school project, specifically as regards
State Capitol funds ($8 million) and construction contract considerations.
If any contemporaneous assistance to the WVUSD is to be accomplished, it is
necessary to mow the decision making process forward, therefore, providing
a response to tla-requests from the school district and developers.
It should be noted that the WVUSD cannot remove the 400,000 cubic yards of
dirt without the permission of the authoritative governmental body, which is
the City Council of Diamond Bar.
3
PROJECT REVIEW:
Developer proRosal
The South Pointe Master Plan weaves five public
interests into a comprehensive land use plan designed
neighborhood compatible with the built environmental.
dl1�1wni it i �'' 1
and private ownership
to provide a mixed use
140-149 fr{ 114 0111 a 01.^M P. -
SOUTH PON � is
A H�sien I'UKO c. - -r/
AyM .M•W ..•1.IW �1.rw )•51. r{
aur w..w w
•i1.1�r.1.1 •K
AW fMrl11N
The Master Plan project proposes the subdivision of a primarily undeveloped
171 acre site to accommodate the phased development and subsequent use of the
site for residential, commercial, park, open space, and school purposes.
As depicted in Exhibit "C", the project site has been divided into five (5)
planning areas or enclaves. Project specific development standards have been
proposed for eaeb enclave. Each tentative tract map has been designed
consistent with the proposed development standards.
Vesting Tentative Tract No. 32400
Vesting Tentative Tract No 32400 is proposed by Arciero and Sons and consists
of 93 lots .on. 47.44 acres. Ninety-one (91) single family homes are proposed
with two lots totaling approximately 6 acres (2.58 and 3.34 acres) set aside
for commercial purposes. (See -Exhibit "D") The project indicates a
residential density of approximately 2.2 units per acres. Preliminary Title
Reports indicate no unusual characteristics. The site is zoned R-1-15,000.
4
The proposed map is_located within Enclave 3. The minimum lot size proposed
for Enclave 3 is 7200 square feet with a minimum pad size of 6000 square
feet. The proposed project contains lot sizes that range from 7200 (lot 131)
to 15,095'(lot 014) square feet. Pad sizes ranges from 6,070 (lot 169) to
13,365 (lot #45) square feet. Primary access is from Brea Canyon Road with
a secondary access point through the future commercial development.
Earthwork quantities indicate 1.795 million cubic yards of cut and 1.810
million cubic yards of fill. The proposed map is consistent with the design
and development standards contained within the Master Plan.
Vesting Tentative Tract Mag No 51407
Vesting Tentative Tract Map No. 51407 is proposed by RNP Development, Inc.
and consists of 84.20 acres containing 90 single family residential parcels
with 28.13 acres proposed for recreational open space and 21.9 acres proposed
as a commercial center. This map is located within Enclave 1, as described
within the Master Plan development standards. Minimum lot sizes for this
Enclave are 8,000 square feet with minimum pad sizes of 6,900 square feet.
The proposed residential neighborhoods within this Enclave are designed to be
compatible with the existing style and type of development pattern adjacent
to the project. The property is zoned RPD -10,000-6U. VTM 51407 provides for
an overall density of 2.59 units per acre on the 34.62 acre residential site.
Lot sizes range from 8,977 sq. ft. (lot 024) to 18,679 sq, ft. .(lot 134).
Pad sizes range from 7,079 sq. ft. (lot 026) to 13,322 sq. ft. (lot #30).
28.13 acres have been set aside for open space/recreational purposes (lot
#91). Three commercial lots are proposed ranging in size from 3.40 acres to
13.05 acres for a total of 21.45 commercial acres. Earthwork quantities
indicate 2,567,000 yards of cut and 2,571,000 yards of fill for the proposed
map. The circulation pattern consists of a residential collector, street
"A", .from Brea Canyon Road to the middle school site, and a residential
street "B" proposed extending through to Morning Sun Drive. The project
proposes six residential dwelling units facing. Larkstone Drive on property
presently owned by,the Walnut Valley Unified School District.
The proposed map would supersede previously filed Tract Map No.'s 32576 and
35742. Those maps dedicated the right to prohibit the construction of
residential units within certain lots. That right was accepted by the County
and is valid arA enforceable against any development request. In 1979 an
offer to dedicati the property as a "future park" was rejected by the County.
The developer is currently limited to a total of two dwelling units. Other
restrictions on the property relate to flood hazard and restricted use areas.
This proposed map, if approved, would supersede and erase the existing
development restrictions placed upon the property. (see Exhibit "E")
There are other parcels in the community which are also subject to similar
development restrictions. Properties with such development restrictions have
been re -subdivided by Los Angeles County. The applicant has specifically
requested approval of this application package which permits the City to
evaluate the change in entitlement on the merits of the proposed project.
5
Several tract maps, approved prior to incorporation, contain development
prohibitions or restrictions upon a portion of the property. Although these
properties have been retained as open space, they were not dedicated to the
County as open space. Therefore, depending upon the specific circumstances,
a property owner could request the removal of the development restrictions
and development approval.
The decision as to whether or not development should be permitted is of major
significance to the community. The Subdivision Map Act provided the vehicle
for a property owner to seek abandonment of these property restrictions. The
Map Act also appears to give the City considerable latitude to decide if
abandonment is consistent with present or prospective city policy.
Consideration of development upon the restricted properties is a matter of
public policy. The City has no obligation, to remove the restrictions. The
developer has, it would appear, no inherent "'right" to the abandonment or
project approval. The benefit(s) of abandonment of the restrictive map
language should be carefully examined (i.e. provision of significant
community amenities).
The Interim City Attorney has determined that the restrictions constitute an
"open space easement". In order to abandon an open space easement, pursuant
to Government Code Section 51093, the City Council, must refer the matter to
the Planning Commission for a noticed public hearing and report; cause the
county assessor to determine the full cash value of the land as though it
were free of the open space easement; determine an abandonment fee, payable
to the county; and find that:
11. there is no public purpose in continuation of the land as open
space; and
2. the abandonment is not inconsistent with the purposes of open space
law; and
3. the abandonment conforms with the General Plan; and
4. the refusal to abandon will cause a substantial hardship upon the
landowner.
Tentative Tract No. 51253
This 6.7 acre site is currently proposed as a 21 lot, 3.13 units per acre,
single family residential development by Sasak Corporation. The proposed
project as presently designed is consistent with the Master Plan development
standards for Enclave No. 1. Lot sizes range from 8,241 square feet (lot #1)
to 20,962 square feet (lot 14). Earthwork quantities indicate 145.,800 cubic
yards of excavation, 98,300 cubic yards of embankment, and 47,500 cubic yards
of export. The proposed subdivision provides for an extension of street "B"
as shown within Vesting Tentative Tract Map 51407 designed to connect with
Morning Sun Drive. Title reports indicate this Tentative Map contains the
same basic development restrictions as the previously discussed map and
currently would permit a total of 3 dwelling units. The Subdivision Map Act
6
provides a means to remove such restrictions. If a resubdivision or
reversion to acreage of the tract is subsequently filed for approval, the
offer of'dedicatica previously rejected is terminated upon the approval and
recordation of t** new map. (See Exhibit "F")
The u -e of a "Master Plan" is proposed to guide the overall development. The
components of the plan include permitted uses and development standards. The
proposed zoning regulations and development standards will be implemented via
the use of development agreements for the RNP and Arciero proposals. The
standards are attached to the Sasak proposal as a component of'the Tentative
Map conditions. The complete document is contained within the previously
prepared report. The use of a master plan is a tool for implementing the
General Plan and often bridges the gap between General Plan policy and zoning
standards for the property under consideration for development.
The :use of Development Agreements are proposed for the Arciero and RNP
development project.. The Development Agreement is utilized as a contract
document to incorporate the Master Plan, the Hillside Management regulations,
the Oak Tree Permit, the Development Standards with reference to the
Tentative'Tract Maps. Cities are provided with the ability to enter into
Development Agreements with any property owner. Development Agreements are
essentially a negotiated contract between a public agency and a private
developer. The Development Agreement establishes the terms and conditions
from which the development can proceed and provides the applicants with
assurances based upon thein commitment to timing and compliance with the
agreements. The proposed agreements incorporate land transfers, contract
zoning, and commitments by all parties toward 'the successful completion of
the proposed project. Attached to this report are maps which illustrate the
existing and future ownership of property as a result of project
implementation.
The Hillside Manage ent Ordinance requires a conditional use permit approval
for each tentative tract map proposal. The hillside management standards and
guidelines have been incorporated within each development. The impact of the
project grading is analyzed in the Draft Environmental Impact Report within
the earth resources and aesthetics sections. The Development Code requires
an Oak Tree permit for the removal of any oak genus which is eight inches in
diameter as measured four and one-half feet above the natural grade. Each
proposed subdivision site contains oak trees which would require removal.
7
In accordance with requirements of the Code, an oak tree inventory as
conducted for each subdivision site. Vesting Tentative Tract Map 51407
contains 449 oak trees. Tentative Tract Map 51253 contains 53 trees
scheduled for replacement. Vesting Tentative Tract Map 32400 will require
the removal of 276 oak trees. The Draft Environmental Impact Report indicates
that 92 percent or 768 of the 835 inventoried oak trees will be removed as a
result of the proposed grading activities on-site. All oak trees removed as
a result of the proposed project are proposed for replacement at a 2:1 ratio.
The Developers' proposal provides potential benefits to the community in the
form of facilitating the construction of the permanent middle school,
development of a publicly held park and open space, creation of a freeway
oriented commercial site and numerous area -wide traffic improvements.
1. Certification of the Environmental Impact report along with
Findings of Fact and a Statement of Overriding Considerations.
2. Abandonment of the dedicated right to restrict construction of.
residential buildings upon RNP and Sasak properties pursuant to
Government Code (551903).
3. Approval of each tentative tract map, Development Agreements,
Conditional Use Permits, Oak Tree Permits, and the Master Plan.
(The Council must make written findings pursuant to Government Code
565360, and 565361, and the conditions of the extension letter,
that there is little or no probability that the project will be
detrimental to or interfere with the future adopted General Plan if
the project is ultimately inconsistent with that plan).
4. Recordation of EIR Certification of
5. Completion of approved conditions, as required, for issuance
grading permits (including the appligant obtaining an Army Corp of
Engineers, Section.404, permit and a California Department of Fish
and Game,. section 1601-1607, permit for alteration of the stream).
6. Recordation of final documents, maps, etc.
8
Alternative i North/South canyon preservation
An alternative to the proposed project has been proposed for consideration
and is designed to encourage the preservation of the Sandstone Canyon area
for open space purposes. The concept involves Arciero and Sons (Tract Map
No. 32400) tradinq their property, adjacent to the middle school, for the
westerly 35± acres of the RNP Development, Inc. (Tract Map. No. 51407)
property. Arciero would develop 103 homes on the former RNP site and include
a new road access from Brea Canyon Road to the middle school. The proposal
would incorporate the excess earth scheduled for export from the school site.
(See Exhibit "G")
RNP would not build upon Arciero's former site, nor their remaining acreage.
RNP's offer of dedication of this 75± acre Sandstone Canyon site to the City,
would 'be conditioned upon the removal of existing map restrictions on
property, owned by RNP, located adjacent to Grand Avenue. Any future
development proposal for the Grand Avenue site would be subject to all City
regulations for environmental review and development. Subdivision plans
would be submitted for review at a later date. Potential benefits of this
proposal include, but are not limited to, the facilitation of the school
construction, preservation and dedication of Sandstone Canyon to the public,
and substantial reduction of environmental impacts.
1. Referral of revised project to Planning Commission pursuant to
Section 65857 for a report and recommendation.
2. Certification of the Environmental Impact Report, preparation of an
addendum or supplemental EIR along with Findings of Fact and a
Statement of overriding Considerations.
3.° Preparation of revised project conditions and agreements outlining
Alternative 1 (i.e. application of - conservation easement or
building rights restriction upon former Arciero, Tract 32400,
site).
and
4. Planning commission and City Council considerationa� to 6 Government
Code
Avenue site for removal of map restrictions -(p
Code S51093).
5. Approval of revised Vesting Tentative Tract Map 51407 and its
associated CUP, Oak Tree Permit and Development Agreement.
Approval of Tentative Tract 51253 (Sasak) and related permits.
Approval of Parcel Map 24031 for RNP Grand Avenue Site (The Council
must ams written findings pursuant to Government Code 565360, and
565361,and the conditions of the extension letter, that there is
little or no probability that the project will be detrimental to or
interfere with the future adopted General Plan if the project is
ultimately inconsistent with that plan). ermits, recordation
6. Completion of conditions required for grading p
of maps, etc.
Although an intermittent blue -line stream exists upon the most westerly
portion of Tract 51407, a significant amount of school site earth may be
relocated to Tract 51407 concurrent with the processing of the 404 and 1601-
1607 permits.
9
Another design concept to consider is the maintenance of an east -west open
space amenity by only permitting the development of Arciero's Tract 32400
site. As an etample, in 1991, Arciero proposed a subdivision of 75 homes
upon their acreage utilizing a previous tentative map. The 1991 tentative
map consists of 85 lots on 47.6 acres. 75 single family lots are proposed on
19.5 „et acres and range in size from 7200 square feet and average 11,664
square feet. The earthwork quantities indicate .the need for 393,151 cubic
Yards of import (presumable from the school site). 21.2 acres are set aside
as open space with the balance of the acreage, 6.9, devoted to streets.
Arciero's property is encumbered by a "blue line" stream. An U.S. Army Corp
of Engineers permit and California Department of Fish and Game permit would
be required prior.to any modification to the existing streambed. This
alternative provides the opportunity to facilitate the school development and
preserve the building rights restricted east -west properties now owned by
Sasak Corporation (6.7 acres) and RHP Develop ent (78 acres). (Exhibit "H")
1. Referral to Planning Commission pursuant to Section 65857 for
report and recommendation.
2. Certification of the Environmental Impact Report along with
Findings of Fact and a Statement of Overriding Considerations and
Addendum.
3. Rejection of VTM 51407 (RNP) and TM 51253 (Sasak) with appropriate
findings and conclusions.
40 Preparation of revised map, conditions, and agreements to
facilitate the revised Arciero subdivision.
5. Approval of new VTM 32400 with associated CUP, OT and Development
Agreement (The Council must make written findings pursuant to
Government Code 565360, and 565361, and -the conditions of the
extension letter, that there is little or no probability that the
project will be detrimental to or interfere with the future adopted
General Plan if the project- is ultimately inconsistent with that
plan).
6. Comp of approved conditions, as required, for issuance of
grad its ( including the applicant obtaining an Army Corps of
Eng , Section 404, permit and a California Department of Fish
and ,Section 1601-1607, permit for alteration of the stream).
10
A "no project" alternative, if selected, would require the off-site
exportation of the surplus soil presently found on the South Pointe Middle
School site in order to facilitate, immediately, construction of permanent
school buildings. As proposed, the existing excess soil will be used within
the project boundaries. Depositing the soil at an alternative off-site
location could require an addendum or supplement to the
District's previously certified Final Environmental Impact Report for the
South Pointe Middle School. The transportation of the soil, outside of the
project boundaries, would require an estimated 26,000± truck trips upon local
streets. The additional time. and cost of this alternative would be borne by
the School District.
Alternative 4
Certify the EIR, Deny projects, or specific components.
Continue discussion of the South Pointe Master Plan for further environmental
analysis or investigation of additional alternatives.
ENVIRONNENTAL ASSESBXZNT:
In accordance with the California Environmental Quality Act, the City has
determined that an Environmental Impact Report should be prepared to assess
and analyze the environmental effects of the,"proposed.project. The City
engaged Ultrasystems Enqineers and Constructors, Inc. as an independent
consultant to prepare the environmental documents. An Executive Summary of
the environmental review record is attached.
PUBLIC BEARING MICE:
The South Pointe tester Plan project was publicly noticed in accordance with
State and local requirements. Advertisements were published within the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin on April 11 and
April 22, 1994. Notices were mailed to property owners within a 500 foot
radius of. the project boundaries on April 8, 1994 and April 21, 1994.
Several hundred additional notices were mailed to interested citizens
providing public awareness of the proposal.
11 .
PLANNING COMISSION ACTION:
The Planning.Coamission conducted numerous public study sessions and public
hearings on the proposals. A walking tour of the site was conducted on
December 13, 1992. Study Sessions were held in October and December 1992.
Noti,. d. public hearings sere held in January, February, March, April and May,
1993. The Planning Commission recommended City Council approval of all
project components on May 24, 1993.
PREPARED BY:
James De Stefano
Community Development Director
Attachments: (Previously transmitted within May 2, 1994 report)
MAPS 1. South Pointe Master Plan (Exhibit "A")
2. Project Boundaries (Exhibit "B")
3. Planning Enclaves (Exhibit "C")
4. VTM 32400 (Exhibit "D")
5. VTM 51407 (Exhibit "E")
6. TM 51253 (Exhibit "F")
7. Revised VTM 51407 (Exhibit "G")
S. Previous (1991) VTM 32400 (Exhibit "H")
9. Environmental Review Record
10. City Council Staff Reports and Meeting Minutes
11. Planning Commission Staff Reports and Meeting Minutes
12. Notices of Public Hearing
13. OPR Extension Letter dated 1/31/94
14. Letter from J. C. Dabney dated 1/25/94
15.- Walnut Valley School District Letter "dated 4/4/94
16. Timeline of Construction for South Pointe Middle School
1994-1995
17. Sierra Club Letter received 4/21/94
18. Luer from Frederick & Frances Strunk dated 4/17/94
19. i page Petition signed by 102 persons re: Sandstone Canyon
20. Lit of correspondence received from January 19, 1993 through
Jane 8, 1993 - both for and against
21. Draft Environmental Impact Report ( previously transmitted.
22. Response to Comments on the Draft Environmental Impact Report
dated February 1993 ( previously transmitted
23. .Response to Comments on the Draft Environmental Impact Report -
Volume II dated November 1993 ( previously transmitted
24. Technical appendix -Response to Comments on the Draft
Environmental Impact Report dated May 1993 ( previously
transmitted
12
CITY OF DIAMOND BAR
AGENDA REPORT AnrMnA tin
TO: Honorable Mayor and Members of the City Council
MEETING DATE: July 5, 1994 REPORT DATE: June 27, 1994
FROM: Troy L. Butzlaff, Assistant to the City Manager
TITLE: Ordinance 02A (1990) amending Ordinance 2 (1990) Adopting
Requirements and Standards Relating to the Collection, Recycling,
Transportation, and Disposal of Solid Waste, Recyclable and Compostable
Materials. Second Reading.
SUMMARY: On June 7, 1994, the City Council conducted a duly noticed public hearing, received public
testimony, and approved for first reading, by title only, Ordinance 02A (1990) An Ordinance of the City
Council of the City of Diamond Amending Ordinance 02 (1990) Adopting Requirements and Standards
Relating to the Collection, Recycling, Transportation, and Disposal of Solid Waste, Recyclable and
Compostable Materials. This item was continued from the June 21, 1994, City Council meeting in order
to prepare a special edition of the proposed Ordinance.
RECOMMENDATION: It is recommended that tho rite, r.,. r%,.1 ......__-j __ .
.:Indicates Addition
StTatTndicates Deletion
ORDINANCE NO. 02A (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING ORDINANCE 02 (1990) ADOPTING REQUIREMENTS
AND STANDARDS RELATING TO THE COLLECTION, RECYCLING
TRANSPORTATION, AND DISPOSAL OF SOLID WASTE,
RECYCLABLE AND COMPOSTABLE MATERIALS.
The City Council of the City of Diamond Bar does hereby ordain as follows:
Ordinance 02 (1990) of the City of Diamond Bar hereby is amended to
read, in words and figures, as follows:
5EC: The following provisions are hereby adopted as the Collection, Recycling,
Transportation, and Disposal of Solid Waste, Recyclable, and Compostable Materialse
Ordinance
of the City of Diamond Bar to read, in words and figures, as follows:
M
'Section 1 Legislative Policy.
Section 2 Definitions.
Section 3 Authority of City Council to Issue Permits.
Section 4 Permits for Refuse Collection and Establishment of Collection Fees.
Section 5 Unlawful Collection.
Section 6 Permittee to have Exclusive Rights --Exception.
Section 7 Collection in Emergencies.
Section 8 Hours of Collection.
Section 9 Refuse Collection --Spillage.
Section 10 Residential Refuse Containers.
Section 11 Commercial Refuse Bins.
Section 12 Replacement of Containers for Collection.
Section 13 Time and Date of Placement of Containers.
Section 14 Refuse Removal,
Section 15 Refuse Disposal.
Section 16 Special Provisions Regarding Method of Disposal.
Section 17 Burning, Burial or Dumping.
Section 18 Duration of Storage.
Section 19 Use of Trucks.
Section 20 No Parking of Refuse Trucks on any public Highway.
Section 21 Trucks --Equipment Required.
Section 22 Specifications and Restrictions on Collection Trucks.
Section 23 Truck Inspection.
Section 24 Permittee's Local Telephone Number.
Section 25 Permittee's Employees.
Section 26 Permit for Removal of Refuse --Prerequisites.
Section 27 Permit Issuance.
Section 28 Charges for Service.
Section 29 Right of Provision Modification.
Section 30 Right to Grant Franchise.
Section 31 Penalty for Violation of Chapter.
Section 32 Civil Remedies Available.
Section 33 Severability.
#15_CZiQa1. I�islative Poli �.
--� The City Council finds and determines that storage,
accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other
discarded material is a matter of great public concern, in that improper control of such
creates a public nuisance, which may lead to air pollution, fire hazards illegal dumping,
ping, insect
breeding and rat infestation and other problems affecting the health, welfare and safet
residents of Diamond Bar and surrounding cities. The City Council further recognizes
h the
ognizes that
recycling and waste reduction is of national, regional, and local importance, and that the
of uniform regulations for the collection, disposal, recycling, and transportation adoption,
P of solid waste,
recyclable and compostable materials as provided in this Ordinance are designed to eliminate
alleviate such problems. or
"S=iQI-2D&&itio' For the purpose of this Ordinance, the following words and
Phrases are defined and shall be construed as hereinafter set out, unless it is apparent from
context that a different meaning was intended: pp om the
2
"A• 'AB 939' means the California Integrated Waste Management Act of 1989
as it
may be amended from time to time, and as implemented by the regulations of the
California Integrated Waste Management Board.
°B• 'AB 939 Administrative Fee' means the fee or assessment set by the City which is
intended to offset the City's expenses in administering this Ordinance and to
compensate City for the costs associated with compliance to the California
Integrated Waste Management Act of 1989 (AB 939). Any fee or assessment
imposed under this Ordinance, shall be those which the City Council may from
time to time hereafter approve by resolution.
tic.
'Animal Waste' means manure, fertilizer, or any form of solid excrementro
p duced
Y any and all forms of domestic animals or commercial livestock.
PPD. 'Bins' means those containers provided by Permittee for commercial, industrial,
construction and residential unit uses. Bins are usually two (2) to six (6) cubic
Yards in size, which are picked up by refuse trucks by means of front loading
apparatus.
°E 'Bulky Goods' means discarded household furniture, furnishings ora appliances,
ces,
including white goods; automobile parts, including tires; rock or brick in reusable
form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in
bundles not exceeding eighteen (18) inches in diameter or four (4) feet in length
and other items the size or weight of which precludes or complicates p Cates their handling
by normal collection, processing or disposal methods.
T. 'City' means the City of Diamond Bar.
3
"G.
"H.
"I.
IT
"K.
T.
"M.
'City Clerk' means the City Clerk of the City of Diamond Bar.
'City Manager' means the City Manager of the City of Diamond Bar or his designee.
'City Limits' means the boundaries of the City together with all amend gee.
amendments and
changes thereto, which boundaries are shown by maps incorporated herein b
reference and which are on file in the office of the City Clerk. y
'Council' means the City Council of the City of Diamond Bar.
'Commercial Solid Wastes' include all types of solid wastes generated by stores
offices '
governmental institutions and other commercial sources, excluding
single-family residential solid waste.
'Commercial Unit' means any commercial business, industrial complex, certain
multi -family residences, any mobile home park, any hotel or motel, any office
building, or retail establishment which utilizes bins or other containers, as defined
in this Ordinance, for the collection of solid waste and recyclables..
'Compostable Materials, Green Waste or Yard Waste' means leaves, grass
clippings, brush, branches and other forms of organic waste generated from
landscapes or gardens, separated from other solid waste. Compostable Materials
does not include stumps or branches in bundles exceeding eighteen (18) inches in
diameter or four (4) feet in length.
'IN- 'Construction and Demolition Waste' means the waste building materials,
packaging, plaster, drywall, cement and rubble resulting from construction,
remodeling, repair and demolition operations on pavements, buildings and other
structures, (except asbestos- containing materials and reusable rock or brick).
4
"0' 'image, Refuse or Solid Waste' means putrescible and non- utre
P sable solid and
semisolid material generated in or upon, related to the occupancy of, remaining
or emanating from residential or co m
mmerciaUindustrial units, such as ordinary
household garbage, refuse, rubbish, paper, ashes, industrial wastes, demolition
construction wastes, as well as, dead animals of less than fifty 5 ton and
( 0) pounds in
weight, every accumulation of animal waste, vegetable or other matter whit
results from the processing, consumption, decay or deco h
decomposition of meats, fish,
fowl, birds, fruits, grains or other animal or vegetable matter normally
from domestic, institutional, commercial, industrial, agricultural, resulting
g and other
community activities, and other discarded wastes as defined in California Public
Resources Code Section 49503, but excluding certain special waste and materials
set out for recycling, and composting. Solid waste shall not i
include any hazardoouu
s
wastes as defined herein.
P 'Hazardous Waste' means any waste materials or mixture of wastes
defined as such
Pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901
or the Comprehensive Environmental Response, Compensation '
and Liability Act
("CERCLA"), 42 U.S.C. ss 9601
9LSM, and all future amendments to either of
them, or as defined by the California Environmental Protection Agency
California Integrated Waste Management Board, or either or the
of them. Where there is
a conflict in the definitions employed by two or more agencies having jurisdiction
over hazardous or solid waste, the term "Hazardous Waste" shall be construed
have the broader, more encompassing definition. to
5
"Q• 'Industrial Waste' means all solid waste and semi-solid waste
industrial processes and manufacturing o erati which results from
P ons.
'OR. Multi -Family Units' means residential units such as apartments
townhomes, other than Single Family Dwellings, „vluc , condominiums and
h utilize bins or other
containers, as defined in this Ordinance, for the collection of solid waste
recyclables. and
f1S• 'Municipal Solid Waste' means all Solid Waste generated within
designated for collection under this Ordinance. the City which is
"T• 'Occupant' means and includes every owner of, and every tenant or person who is
in possession of, is the inhabitant of, or has the care and control of a
residence. � n inhabited
flu. Permit' means the written authority by City and evidenced by this Ordinance
granting a qualified refuse collector the right and privilege to:O1
collection of, and to collect refuse, rubbish and arrange for the
m
other fors of solid waste, (2)
transport to landfill or other licensed disposal facilities as determined
unless otherwise specified by City, and (3) recycle from by Permittee
Y om collected refuse,
compostables and recyclable materials, all solid waste, green waste
and recyclables
kept, generated and/or accumulated within the City.
�V Permittee' means the individual, firm, corporation, association, or group or
combination acting as a unit that has been authorized by the Ci C
collect refuse within the City pursuant to City Council to
this Ordinance.
"W Public FEghway- means any public street, alley, road,ubli
p c place or highway,
G
except state freeways, open to and used by the travelling public and not used as a private
right-of-way within the City.
"X. 'Recyclable Material' means any material generated on or emanating from
residential or commercial/industrial units which is no longer useful or wanted and
has the potential of being reused or processed into a form suitable for reuse
through reprocessing or remanufacture, consistent with the requirements of the
California Integrated Waste Management Act. Such material may include, but is
not limited to paper, newsprint, printed matter, pasteboard, paper containers,
cardboard, glass, aluminum, PET and other plastics, beverage containers,
compostable materials, used motor oil and such other materials designated by
City's City Manager, or designated as recyclables by the California Integrated
Waste Management Board, or other agency with jurisdiction, and which are
collected by Permittee pursuant to this Ordinance.
"Y. 'Recycling Container' means a container of a size, design, and weight prescribed by
the City Council by Resolution and delivered to residences covered by this
Ordinance, for the temporary storage and collection of Recyclables.
"z. Refuse Collector' means any person or persons, firm, copartnership, joint venture,
association or corporation engaged in the collection, transportation and/or disposal
of solid waste and/or recyclable materials.
"AA. Residential Solid Waste' means all types of domestic garbage which originate from
residential properties which utilize one or more individual residential type solid
7
waste containers, including any household hazardous waste which may be found to have
been placed in the residential solid waste stream.
"BB. Residential Units' means any structure occupying one or more parcels of land
which contain or have located thereon a single-family residence or in some
situations a multi -family dwelling used for living purpose.
"CC. 'Scavenging' means the uncontrolled and unauthorized removal of any recyclable
materials, as defined by California Public Resources Code Section 41950 and
41951, or solid waste without a permit pursuant to this Ordinance
"DD. 'Single -Family Residence or Single -Family Dwelling' means a detached building, or
each unit of a duplex or triplex, of permanent character placed in a permanent
location, which utilizes one or more individual residential type solid waste
containers.
"EE. 'Solid Waste Containers' means a container of a size, design, and weight prescribed
by the City Council and utilized by single-family residences or certain multi -family
units. The term "Solid Waste containers" does not include Bins used by multifamily
residences.
"FF. 'Special Wastes' means any solid waste listed in Section 66740 of Title 22 of the
California Code of Regulations, or any waste which has been classified as a special
waste by the City Council, including, but not limited to, any material which
because of its source of generation, physical, chemical, or biological characteristics
or unique disposal practices, is specifically conditioned in the solid waste facilities
permit for handling and/or disposal.
13
"GG. 'Truck' means any truck, trailer, semitrailer, conveyance or vehicle used or
intended to be used for the purpose of collecting refuse or to haul or transport
refuse.
"Section 3. Authority of City Council to Issue Permits for Disposal and Collection. The
Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989 ("AB 939"), has declared that it is within the public's interest to
authorize and require local agencies to make adequate provisions for solid waste handling within
their jurisdictions. California Public Resources Code Section 40059, as amended from time to
time or any successor provision or provisions thereto, authorizes the City to determine (i) all
aspects of solid waste handling which are of local concern, including, but not limited to, frequency
of collection, means of collection and transportation, level of services, charges and fees, and
nature, location, and extent of providing solid waste handling services; and (ii) whether the
services are to be provided by means of nonexclusive franchise, contract, license, permit, or
otherwise, either with or without competitive bidding. The City Council has now therefore
determined, pursuant to California Public Resources Code Section 40059(x)(1), that the public's
health, safety and well-being require that permits be granted to qualified solid waste contractors
for solid waste collection, recycling, composting and disposal services in residential, commercial,
construction and industrial areas within the City of Diamond Bar.
",tion 44. permits for Refuse Collection and Establishment of Collection Fees. The
Council determines that the disposal and/or collection of refuse, trash, rubbish or other solid
7
waste is a service to be performed in the City in accordance with the provisions of this Ordinance.
The City may from time to time issue permits to those parties meeting the criteria of this
Ordinance and such other standards as may be established by resolution of the City Council
regarding the collection of refuse, rubbish and other forms of solid waste from residential and
commercial units. So long as any such permit remains in force, collection of material provided for
herein may be made only in accordance with the terms and conditions thereof. Fees and charges
for such collection, removal and disposal services shall be those which the Council may from time
to time hereafter approve by resolution. No person shall engage in the business of collecting,
removing or disposing of any refuse, trash, recyclable and/or compostable material, or other solid
waste including hazardous wastes or infectious medical waste, within the City from any residential
or commercial units, nor transport the same over any public highway or rights-of-way, unless a
permit to do so has first been obtained from the Council and such person complies with the
provisions of this Ordinance and any other regulations which have been adopted pursuant to this
Ordinance.
"Section S. Unlawful Collection. No person shall collect or transport refuse or recyclable
material within the City unless such person is a permittee, as defined in this Ordinance, or is
exempt in accordance with subsections A through F of this Section. No person shall permit,
allow or enter into any agreement whatsoever for the collection or transportation of refuse or
recyclable material from any residential or commercial units with any person who is not a
permittee as herein defined except as permitted in subsections A through F of this Section.
10
"A. The collection and removal of grass clippings, prunings, shrubbery, and
similar materials by individual residents and by individuals doing business as professional
landscapers, tree trimmer or other persons engaged in similar trade, when the collection is directly
related to their work, shall be exempt from the refuse permit system.
"B. A permittee shall not be required to collect hazardous waste or other
dangerous materials as part of its regular collection activity. Liquid and dry caustics, acids,
infectious, flammable, explosive materials, insecticides, and similar substances shall not be
deposited in collection containers. Any person collecting such substances shall, in addition to any
requirements of State and Federal law, obtain a permit therefor pursuant to the provisions of this
Article.
"C. Infectious medical waste (as defined in California Health and Safety Code
Section 25117.5, as amended from time to time, or any successor provision or provisions thereto)
shall not be collected by a permittee as part of its regular collection activity. Anyone producing
such wastes shall store, handle and dispose of such materials only in the manner approved by the
county health officer or designated deputy, and in accordance with the California Health and
Safety Code. Disposal of infectious medical waste shall be conducted pursuant to a permit issued
under this Ordinance in addition to any requirements imposed by State law.
"D. No provision of this Chapter shall prevent the occupant of a residential unit
or commercial unit from selling to a buyer, for a monetary or other valuable consideration, any
source separated recyclables, including without limitation, any saleable scrap, discard, reject, by-
product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging
material, paper or other similar item generated in, on or by a residential or commercial unit, and
11
no longer useful to the same, but having no market value, whether such buyer is a recycler, junk
dealer, or other enterprise engaged in the business of buying and marketing such materials in the
stream of commerce; provided, however, that such buyer is not engaged in the business of
collecting solid waste for a fee or other charge or consideration, and that no such materials are
transported for disposition to a landfill or transfer station as defined in California Public
Resources Code Section 40200.
"E. The collection and removal of recyclable material, including but not limited
to, glass, newspapers, aluminum and cardboard, that are separated either for reuse or for the
manufacture of new products shall not be exempt from the provisions of this Ordinance;
however, such activities may be the subject of a separate permit at the discretion of the Council.
"F. The removal and disposal of refuse from a residential unit by the occupant
or owner thereof shall be exempt from the refuse permit system, subject to the provisions of
Section 13 of this Ordinance.
"Section 6. Permittee to have Exclusive Rights-- Exception. Excepting existing rights that the
City reserves to itself, or as otherwise provided in this Ordinance, persons to whom the City may
issue a permit and the agents, servants and employees of any such person, while the permit is in
effect, shall have the exclusive right to gather, collect and remove refuse, recyclable and/or
compostable material, and other waste material from any residential or commercial unit within the
City subject to such terms and conditions as the Council may apply to the issuance of such permit.
12
"Section 7. Collection in Emergencies.
"A. In the event that the collection, transportation and/or disposal services of Permittee
are temporarily interrupted or discontinued for any of the following reasons: riots, wars,
sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods,
earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other
catastrophic events which are beyond the reasonable control of Permittee, for a period of more
than seventy-two (72) hours, and if as a result thereof, refuse, compostables and recyclables
should accumulate in City to such an extent, in such a manner, or for such a time that the City
Manager should find that such accumulation endangers or menaces the public health, safety or
welfare, the City shall have the right, upon twenty-four (24) hour prior written notice to
Permittee, during the period of such emergency, to issue limited permits to private
persons or corporations to perform any of the services regulated by this Ordinance or
temporarily take possession of any or all equipment and facilities of Permittee previously
used in the collection, transportation and disposal of refuse, compostables and recyclables
under this Ordinance, and to use such equipment and facilities to collect and transport
any or all refuse, compostables and recyclables which Permittee would otherwise be
obligated to collect and transport pursuant to this Ordinance. Permittee agrees that in
such event it will fully cooperate with City to effect such a transfer of possession for
City's use.
"B. Permittee agrees that, in such event, City may take temporary possession of
and use all of said equipment and facilities without paying Permittee any rental or other
charge, provided that City agrees that, in such event, it assumes complete responsibility
13
for the proper and normal use of such equipment and facilities. City agrees that it
shall immediately relinquish possession of all of the above-mentioned property to
Permittee upon receipt of written notice from Permittee to the effect that it is able to
resume its normal responsibilities under this Ordinance.
",Section 8. Hours of Collection.
"A. Collection t[ii shall be made between the hours of 6:30 a.m. an
6:30 p.m, f";si... - Collections from commercial and
1,11-1-----.'_._.. t.:.Y..._.:::.y industrial locations may begin at
6:00 a.m. provided, however, that the permittee's operations do not disrupt the peace and quiet of
adjoining residential neighborhoods. The City Manager may require a permittee to change hours
of operation in commercial and industrial areas if it can be determined that said operations have a
detrimental affect upon the peace and quiet of adjoining residential neighborhoods.
"B. In order to prevent problems of traffic, noise, wear and tear to public highways, or
other problems having the potential to adversely affect the health, safety, and the general quality
of life of the community, the peity Manager may regulate the routes, intervals,
delivery points, and days for collection by permittees operating within the City.
"C. The t` eity3ftnager may waive the requirements of this Section when
necessitated by conditions beyond the control of the permittee.
B itt�4 aEt9t#?:;ljCt 16uC!!k`1 Sit#'
1�......�..:::::N�<:::::
14
"Section 9. Refuse Collection--Spijj�e. Permittee shall exercise all reasonable care and
diligence in collecting refuse and recyclable material so as to prevent spilling, scattering or
dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence,
clean up any such spillage.
"Section 10. Residential_ Refuse Containers.
"A. Permittee shall, at a minimum, provide a 100 -gallon container or suitable
alternative, as approved by the City Manager, for the collection of refuse from Single
Family Residences within the City. Any container provided by Permittee, pursuant to
this Section, shall be at the Permittee's expense and shall meet the specifications for
containers as set forth by Resolution of the City Council.
"B. Nothing in this Section shall prohibit any tenant, lessee or occupant of any
Residential Unit to provide without expense to the City their own container providing that the
container is specifically designed for the containment of refuse, or watertight metal or plastic
containers except as hereinafter provided, which shall have suitable bales or handles and a tight-
fitting cover which shall prevent leakage or escape of odors, and which when filled within four
inches of the top shall contain all refuse which would ordinarily accumulate on such units between
collections. The exterior of such containers, including covers, shall be kept clean from
accumulated grease or decomposing materials. Except when placed in accordance with Section
12 hereof for collection purposes, refuse containers shall be kept and maintained only in storage
locations permitted by the Diamond Bar Zoning Ordinance, as the same presently exists or as
may be amended from time to time, or as specified by use permit or other entitlement for use.
15
T. Permittee shall provide a container(s) or suitable alternative, as approved by
the City Manager, capable of storing a minimum of 36 -gallons of commingled
recyclables as defined by this Ordinance. It shall be the duty of every tenant, lessee or
occupant of any Residential Unit to maintain said containers in a reasonable safe and secure
manner.
"D. Grass clippings, leaves and other yard work debris, other than branches or tree limbs,
may be either deposited in metal or plastic containers, or specially designed bags, as above
mentioned, or cardboard boxes. If cardboard boxes are used, the cardboard boxes, along with the
contents, shall be considered refuse set out for collection and both the cardboard boxes and
contents shall be collected.
"E. Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or
wire, in bundles not exceeding four feet in length nor eighteen inches in diameter.
T. Newspapers and magazines may be either deposited in metal or plastic containers, as
above mentioned, or tied with sturdy twine, rope or wire, in bundles not exceeding fifty pounds in
weight.
"G. Extra or unwanted cardboard boxes shall be flattened and tied in bundles not
exceeding four feet in length nor fifty pounds in weight.
"H. Any container designed to be emptied by hand shall have a capacity of not less than
fifteen gallons nor more than forty-five gallons, and which shall not exceed fifty pounds in weight
when loaded, adequate to contain the amount of garbage and combustible rubbish normally
accumulating during the interval between collections thereof.
16
E� �1Owens1111'
"A. Permittee shall collect and remove all solid waste that have been
placed in bins, from all commercial, industrial, and multi -family residences with the
City at least once every week or more frequently if required to handle the waste stream
of the premises where the bins are located. Permittee shall provide a bin suitable to
each commercial, industrial and multi -family residences for the collection of
refuse.
"B. Each such bin employed solely for the accumulation of commercial garbage
shall be of durable metal or plastic construction, water tight and shall be equipped with a tight-
fitting metal or plastic cover. The use of oil drums of fifty gallon capacity or more is specifically
prohibited.
"Section 12. Placement of Containers for Collection. It shall be the duty of every person
having charge and control of any residential or commercial unit to set out or place containers or
bins for the collection of refuse, recyclables, compostable materials, miscellaneous debris and
combined rubbish and/or other solid waste, as follows:
"Any container used for the purpose of reception and removal of refuse or recyclable
materials shall be placed at the curb in front of the dwelling, or the alley in the rear of each
dwelling; except where alleys, having access to public highways at each end, exist in the rear of
commercial units, and from such premises collections shall be made from such alleys, provided
17
that the permittee may designate some other location for the placement of containers and/or bins
when such placement will expedite collection, and approved by the City Manager.
"Section 13. Time and Date of Placement of Containers.
"A. No person shall place, or cause to be placed, any refuse or recyclable
material, or container or bin used for the collection of refuse or recyclable materials, in any public
highway or in any place or in any manner other than hereinabove provided, or at any time other
than the days established by the City for the collection of such refuse or recyclable material on the
particular route involved, earlier than sunset of the day preceding the day designated for
collection, and all containers and bins shall be removed from the place of collection prior to 10:00
p.m., on the day the containers and bins have been emptied.
"B. Each owner, occupant, tenant or lessee of a residential or commercial unit
shall maintain the same in a sanitary condition. Should any container or bin not be emptied and
the contents removed on the date and time scheduled by the permittee, they should immediately
notify the permittee or the City, and it shall be the duty of the permittee to forthwith arrange for
the collection and disposal of the refuse.
"C. Refuse, recyclables, compostables, salvage and other special waste, as defined
herein, which exceeds the limitations hereinabove set out may, in the discretion of the permittee,
be scheduled for special collection upon the application of the owner or occupant of the premises.
Special collection charges may be assessed by the permittee for this service with prior approval of
above-mentioned occupant of the premises and subject to any requirements set forth in the permit. .
"D. No person, other than the owner thereof, the owner's agents or employees
18
or an officer or employee of the City or a permittee's agents or employees authorized for such
purposes, shall tamper or meddle with any container or bin used for the collection of refuse and
recyclables, or the contents thereof, or remove the contents of any container or bin, or remove
any container or bin from the location where the same shall have been placed by the owner thereof
or owner's agent.
"Section 14. Refuse Removal. Pursuant to California Administrative Code Title 14,
Chapter 17.331H, all refuse created, produced or accumulated in or about a residential unit or
commercial units in the City shall be removed at least once each week. No person who is the
occupant of any of the above-described premises shall fail or neglect to provide for the removal
of refuse at least as often as prescribed in this Section.
"Section 15. Refuse Disposal_. The permittee shall dispose of collected wastes, at
permittee's expense, at a City -directed landfill or transfer station in a manner satisfactory to the
City and in accordance with all state and local laws and regulations.
"Section 1¢. Special Provisions Regarding Method of Disposal.
"A. The removal of wearing apparel, bedding or other refuse from residential units
or other places where highly infectious or contagious diseases have been present shall be
performed under the supervision and direction of the County Health Officer and such refuse shall
neither be placed in containers or bins nor left for regular collection and disposal.
"B. Highly flammable or explosive or radioactive refuse shall not be placed in
19
containers or bins for regular collection and disposal, but shall be removed under the supervision
of the City at the expense of the owner or possessor of the material.
T. Refuse or other solid waste containing water or other liquids shall be
drained before being placed in a container or bin. Matter which is subject to decomposition shall
be wrapped in paper or other material before being placed in a container or bin.
"D. No hazardous material, as defined in this Ordinance, or any other
dangerous substance capable of damaging clothing or causing injury to the person shall be mixed
or placed with any rubbish, solid waste or other refuse which is to be collected, removed or
disposed of by a permittee. Such items shall be removed at the occupant's expense only after
arrangements have been made with the permittee or City for such removal.
"E. Animal waste, as defined in this Ordinance, shall not be placed in
containers or bins for regular collection and disposal, but shall be removed at the occupant's
expense.
"F. Permittee may, but is not required to, provide such collection,
transportation and disposal services for Special Wastes as defined herein. Permittee may
provide such service for Special Wastes if contracted to do so by customers under
separate written contracts negotiated between Permittee and the customer generating such
Special Wastes.
"G. Permittee, at Permittees' sole expense, shall collect up to five (5)
quarts of uncontaminated waste motor oil per Single -Family Residences per month.
Waste motor oil must shall be placed at the curb on the same day of the week as usual
refuse collection in a resealable plastic container and be clearly identified as used and/or
20
waste motor oil. Permittee shall collect used motor oil in containers that have been
placed at curbside at no additional charge to service recipients. Permittee shall exercise
all reasonable care and diligence in collecting waste motor oil so as to prevent spillage
and shall, at Permittees' sole expense, clean-up any such spillage within four (4) hours
of notification by City.
",Section 17. burning, Burial or Dumpine.
"A. It shall be unlawful for any person to place, deposit or dump, or cause to be
placed, deposited or dumped any solid waste, recyclable material, hazardous waste or infectious
waste of any kind whatsoever upon any private or public property within a distance of one
thousand (1,000) feet from any public highway in the City, or within a distance of five hundred
(500) feet from any residential or commercial unit, or to cause or suffer or permit such solid
waste, recyclable material, or infectious waste to be placed, deposited or dumped upon any public
or private property within a distance of one thousand (1,000) feet of any public highway or
within a distance of five hundred (500) feet from any residential or commercial unit within the
City, without first having obtained a use permit pursuant to the zoning laws of the City, County,
and State of California, or pursuant to any other zoning law that may be hereafter adopted in the
place and stead of said zoning laws of the City. The provisions of this Section shall not apply to
solid waste, recyclable materials, hazardous waste or infectious waste placed into a container for
pick-up by a refuse collector operating pursuant to a permit issued under this Ordinance.
"B. No person shall burn, bury or dump any refuse, recyclable material,
hazardous waste or infectious waste within the City at any time, without having first complied
21
with all rules and regulations of the City, the County, the South Coast Air Quality Management
District, or any other agency with jurisdiction.
"Section 18. Duration of Storage. Pursuant to California Administrative Code Title 14,
Chapter 3, Section 17.331H, no person shall store or accumulate any refuse, rubbish or
miscellaneous debris in any container or at any location other than as hereinabove set forth, or for
any length of time other than as follows:
"A. Refuse shall not be accumulated or stored for a period of time in excess of
"(1) Residential units: One week (seven days);
"(2) Commercial units: One week (seven days);
"B. Recyclable materials shall not be stored or accumulated for a period of time in
excess of one week (seven days);
"C. The above periods of time which end in any week in which a holiday occurs
are extended one additional day.
"Section 19. Use of Trucks. Any persons who desire to operate privately owned refuse,
trash or recycling vehicles under provisions of this Ordinance shall utilize vehicles that are
registered with the Department of Motor Vehicles of the State of California, and are of
a size, weight, nature and type to be minimally intrusive on the community with respect
to noise, emissions, maneuverability, safety, fuel efficiency, and other factors necessary
to minimize the impacts of the Permittees' services. The City Manager shall require the
22
permittee to remove from service or repair those vehicles that allow or permit offensive odors to
escape and/or refuse to be blown, dropped or spilled therefrom.
"A. No person, between the hours of 8:00 p.m. and 5:00 a.m., shall leave a refuse
truck parked on any public highway.
"B. No person, between the hours of 5:00 a.m. and 8:00 p.m., shall leave a
refuse truck parked on any public highway for more than one hour unless the City Manager is
notified that a breakdown or emergency exists.
,ction 21. Trucks--Eaui auired. Each truck of a permittee shall at all times
have in the cab the registration of the truck, a certificate of insurance, and an identification card
with the name of whom to telephone in case of an accident or emergency.
Vehicles shall be equipped with a shovel and broom to clean up any spillage.
ion 22. Specifications and Restrictions o ollection Trucks. All trucks used for
refuse, recyclables or compostable materials collection within the City shall be required:
"A. To be completely enclosed with a nonabsorbent cover while transporting
23
refuse, recyclables or compostable materials or other waste materials in or through the City.
'Completely enclosed with a nonabsorbent cover' means that refuse, trash, recyclable or
compostable materials shall not be visible from the public highway, nor shall any of the substances
be permitted to leak, spill or become deposited along any public highway;
"B. All trucks used in the course of refuse or recyclable materials collection
shall be uniformly p
ainted ' ::and identified by truck
numerals, a company logo, and local telephone number in letters and figures no less than five
inches (5") high. All collection trucks shall display the seal of the City of Diamond
Bar with the words "Serving the City of Diamond Bar" in letters no less than eight
inches (8") high.
"c. All trucks shall be kept clean and in good repair at all times. Equipment
bodies shall be of metal and reasonably watertight so that no materials shall leak, fall
or be spilled.
"D. All trucks shall be maintained in good and safe mechanical condition.
Vehicles must conform to the California Vehicle Code and all other applicable laws and are
subject to inspection at any time by the City or the California Highway Patrol.
ion 23. Truck Inspection.
"A. Each of any permittee's trucks shall pass a California Highway Patrol Biannual
Inspection of Terminals. Proof of inspection shall be made available at the discretion of the City
.....:.:.....:::: ..:
Manager at any point of operation. �;€�;::::.:�:.::::......
24
mol
Mmit- B. A decal may be issued by the City for each truck complying with provisions
of this Ordinance which shall be placed on the truck in a conspicuous place.
„ ion 24. p '� o� T�lenhone Number. Each permittee must maintain a local
telephone number which shall be staffed for personal contact between 8:00 a. m. and 5:00 p.m. on
normal working days, and at all other times with some type of mechanism for the purpose of
taking messages.
115-caiQial R9M3iU&c F.mnlovees. Each permittee must provide high-quality service by
industry standards and supply competent, qualified, identifiable and uniformed personnel who
serve the residents of Diamond Bar in a courteous, helpful and impartial manner.
"A. The City may, at its option, require fingerprinting of the permittee's
employees whose service will cause them to enter onto or work in close proximity to private
property.
"B. The permittee shall be required to hire employees without regard to race,
religion, color, national origin, sex, political affiliation, or any other nonmerit factor.
i1C. Any employee driving permittee's refuse trucks shall at all times have in his
or her possession a valid and appropriate vehicle operator's license issued by the State of
California.
25
°D. The permittee's employees shall be required to wear clean, identifiable
uniforms when engaged in refuse collection service within the City.
"A. Procedure and Required Information. Any person or refuse collector
desiring to obtain a permit to remove or convey any solid waste, recyclable or compostable
material, hazardous waste or infectious waste upon or along any public highway within the City
from any residential and/or commercial unit, shall sign and file an application in the form
as may be established by resolution of the
prescribed by the City and pay a permit application fee
To the extent permitted by law, the information submitted in the application shall
City Council.
be kept confidential. Each permit application shall be filed with the City Manager or his designee
and shall include, at a minimum, the following information:
"(1) Name and description of the permittee;
"(2) Permanent business address and address of local office of the permittee;
"(3) Trade and firm name;
1,(4) If a joint venture or a partnership or limited partnership, the names
of all partners of the firm, and the names of the officers and their
percentage or participation interest and their permanent addresses;
"(5) Facts indicating that the permittee has arranged for refuse disposal
in an area where the same may be legally accepted and disposed of
as directed by the City;
"(6) The type of solid waste, recyclable material, hazardous or infectious
26
waste to be collected in each of the applicable areas: residential,
commercial, multi -family residential, industrial;
11(7) Facts indicating that permittee is qualified to render efficient refuse
collection service;
"(g) Facts indicating that trucks and equipment conform to all applicable
provisions of this Ordinance;
"(9) Satisfactory evidence that permittee has been in existence as a
going concern for in excess of five years and possesses not less than
five years' actual operating experience as a going concern in
residential and/or commercial refuse collection and disposal;
"(10) Satisfactory evidence that permittee's experience as a going concern
in residential and/or commercial refuse collection and disposal
derives from operations of comparable size to that contemplated by
the permittee; details shall include length of other contracts, name
and size of municipality, nature of service provided, and the name
of the contact person at the municipality being served;
"(11) Evidence that permittee is in good standing in the State of
California and in the case of a corporation organized under the laws
of any other state, evidence that permittee is licensed to do business
in the State of California;
"(12) A detailed inventory of the permittee's equipment available for use
in refuse collection area,
27
"(13) A written statement that permittee has complied with or is capable
of complying with all regulations imposed by the County of Los
Angeles and the State of California for the collection and disposal
of solid wastes.
"(14) Facts indicating that the applicant owns or has under his control, in
good mechanical condition, sufficient equipment to conduct the
business of refuse collection adequately if granted a permit, and that
applicant owns or has access to suitable facilities for maintaining his
equipment in a clean and sanitary condition.
"(15) Satisfactory evidence that the issuance of a permit is in the public
interest and convenience in that there is an available market for
refuse collection which can be legally served by the applicant.
"(16) Such other pertinent facts or information as the City Manager may
require, including evidence of State certification, if applicable.
"(17) Any of the above provisions in conflict with certification
requirements imposed by State law shall not be required.
11B. ' Permit Fees.
,,(1) Pursuant to California Public Resources Code Section 41902, the
City may directly assess a fee or may, by agreement, arrange for the fee to be
collected by the Permittee under this Ordinance. Permittee shall pay or collect, as the
case may be, an AB 939 Administrative Fee as may be established by separate
resolution of the City Council and from time to time amended hereafter. Any fee
28
established pursuant to this Section shall be payable by Permittee to City thirty (30)
days after the close of each quarter of Permittees' fiscal year.
°(2) The Permittee shall remit to City, for its reasonable costs of
granting a Permit, a non-refundable application fee as determined by resolution of the
City Council and from time to time amended.
ired to remit to City an annual permit
"(3) The Permittee shall be requ
fee or such fee as determined from time to time hereafter by resolution of the City
Council. The permit fee required by this Section shall be in addition to any other
license, permit, or agreement previously granted by the County of Los Angeles or the
City of Diamond Bar.
"C. Reports.
,-(1)
The Permittee shall submit, in a form approved by the City, an
annual report within
120 days after the close of each fiscal year. This report shall
include, but is not limited to, the following information:
(a) A summary of the previous year's (or, in the case of the initial
report year, the initial year's) activities including, but not limited
to, services begun or discontinued during the reporting year, and
the number of customers for each class of service;
(b)
A report, in a form satisfactory to the City, on the City's progress
in meeting and maintaining its ability to meet its goals under AB
939 as applied to the Permit Area, along with any recommended
changes.
29
(c) A revenue statement, setting forth quarterly AB 939 Administrative
Fees, and the basis for the calculation thereof, certified for
accuracy by an officer of the Permittee;
(d) A list of Permittee's officers and member of its board of directors.
(e) A list of stockholders or other equity investors holding five percent
(5%) or more of the voting interest in the Permittee and any
subsidiaries unless Permittee is a public corporation whose annual
reports are publicly available.
"(2) Permittee shall submit, in a form approved by the City, a monthly
ram report. These reports shall be due within twenty (20) working days from the
Pro g
end of the month. At a minimum, the reports shall include:
Summaries of tonnage collected and disposed of by generator type,
disposal facility used and disposal fees paid;
Summaries of tonnage of recycled material collected by material;
Summaries of tonnages of non-recyclables and contaminants
(a)
(b)
(c)
(d)
disposed;
Summaries of tonnages, using an approved sampling methodology,
of each material processed, sold or otherwise exchanged for
processing, by material type;
(e) Average market prices for each material sold, and processing
charges or acceptance fees for yardwaste or other applicable
30
materials;
(fl Participation rates for each route in terms of set out counts and
average pounds collected per residential subscriber, multi-family
residences, or commercial subscriber;
(g) Description of progress in meeting the implementation schedule, .
including the problems encountered and how they were resolved,
(h) Summaries of the number of service complaints by route, including
the date, nature of complaint, and how it was resolved.
"(3) Permittee shall provide up to six (6) reports of varying detail and
ecifically requested by the City, to meet unforeseeable information queries
format as s P
of the California Integrated Waste Management Board, Los Angeles County Integrated
Waste Management Task Force, or other public agencies.
"(4) Permittee shall provide City two (2) copies of all reports, or other
material adversely affecting the Permittee's status under this Ordinance, including, but
not limited to, reports submitted by Permittee to the Environmental Protection Agency,
the California Integrated Waste Management Board or any other Federal or State
. Co ies shall be submitted to City simultaneously with Permittee's filing of such
agency p
matters with said agencies.
(5) The Permittee shall submit to City copies of all pleadings,
ents of any kind, submitted by the
applications, notifications, communications and docum
Permittee to, as well as copies of all decisions, correspondence and actions by, any
eral State and local courts, regulatory agencies and other government bodies relating
Fed ,
31
specifically to Permittee's performance of services pursuant to this Ordinance. Any
confidential data exempt from public disclosure shall be retained in confidence by the
City and its authorized agents and shall not be made available for public inspection.
"(6) Permittee shall submit to the City such other information or reports
in such forms and at such times as the City may reasonably request or require.
"(7) All reports and records required under this or any other section
shall be furnished at the sole expense of the Permittee.
"D. Bonding of Permittee. Before granting a permit under the provisions of
this Ordinance, the Council shall require the permittee as a condition to the permit, to post with
the City Clerk a cash bond or surety bond payable to the City in the sum of One Million
Dollars ($1,000,000.00). Said bond shall be secured from a surety company satisfactory
to the City and on terms acceptable. to the City Attorney. The bond shall be conditioned
upon the full and faithful performance by the permittee of obligations under the applicable
provisions of this Ordinance and shall be kept in full force and effect by the permittee throughout
the life of the permit and all renewals thereof. Permittee shall also deposit with the Office
of the City Clerk a cash deposit, irrevocable letter of credit, or other such document
evidencing an irrevocable case deposit payable to City, in the amount of Twenty
Thousand Dollars ($20,000.00), in the form approved by the City Attorney.
"E. Indemnification by Permittee. As a condition of the City issuing a permit,
permittee shall agree to appear and defend all actions against the City arising out of the exercise
of such permit, and shall indemnify and save the City, its officers, elected officials, employees and
agents harmless from all claims, demands, actions or causes of actions of every kind and
32
description, including any repair, cleanup or detoxification, or preparation and
implementation of any removal, remedial, response, closure or other plan (regardless of
whether undertaken due to governmental action) concerning any Hazardous Substance or
hazardous waste at any place where Permittee stores or disposes of municipal solid
waste, and any and all related attorneys' fees and court costs resulting directly or indirectly,
arising out of, or in any way connected with the exercise of the permit, including, but not by way
of limitation, any act or omission of any officer, employee or agent of permittee.
"F. Liability Insurance. Permittee shall obtain and maintain in full force and
effect throughout the entire term of the Permit, a Broad Form Comprehensive General Liability
(occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00)
aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and
property damage, with any self-insured retention not exceeding $200,000.00 per occurrence.
Said insurance shall protect Permittee and City from any claim for damages for bodily injury,
including accidental death, as well as from any claim for property damage which may arise from
operations performed pursuant to this Ordinance, whether such operations be by Permittee itself,
or by its agents, employees and/or subgrantees. Copies of the policies or endorsements
evidencing the above required insurance coverage shall be filed with the City Clerk. All of the
following endorsements are required to be made a part of the insurance policies required by this
Section:
(a) "The City, its elected officials, employees, agents, and officers, are hereby
added as insureds with respect to liability arising out of activities performed
by or on behalf of Permittee."
33
(b) "This policy shall be considered primary insurance as respects any other
valid and collectible insurance the City may possess including any
self-insured retention the City may have, and any other insurance the City
does possess shall be considered excess insurance and shall not contribute
with it."
(c) "This insurance shall act for each insured, as though a separate policy had
been written for each. This, however, will not act to increase the limit of
liability of the insuring company."
(d) "Thirty (30) days prior written notice by certified mail, return receipt
requested, shall be given to the City in the event of suspension,
cancellation, reduction in coverage or in limits or non -renewal of this
policy for whatever reason. Such notice shall be sent to the City Clerk."
The limits of such insurance coverage, and companies, shall be subject to review and approval by
the City Manager every year and may be increased at that time and match the coverage provided
by the City's own liability insurance policy. The City shall be included as a named insured on each
of the policies, or policy endorsements. All such policies shall contain at a minimum a provision
requiring a thirty -day notice (30) to be given to the City prior to cancellation, modification or
reduction of limits. The amounts of public liability insurance for bodily injury and property
damage shall be subject to review and adjustment by the Council.
"G. Permittee shall obtain and maintain in full force and effect
throughout the entire term of the permit, full workers compensation insurance in accord
34
with the provisions and requirements of the Labor Code of the State of California.
Endorsements that implement the required coverage shall be filed and maintained with
the City Clerk throughout the term of this Ordinance. The policy providing coverage
shall be amended to provide that the insurance shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail return receipt requested has been given to City. The policy shall also be
amended to waive all rights of subrogation against the City, its elected or appointed
officials, employees, agents or Permittee for losses which arise from work performed by
the named insured for the City.
"H. Permittee agrees to protect, defend (with counsel approved by
City) and indemnify City, its officers, elected officials, employees and agents against all fines
or penalties imposed by the California Integrated Waste Management Board in the event the
source reduction and recycling goals or any other requirement of AB 939 are not met by City with
respect to the Permittee' proportional share of the waste stream collected under this Ordinance.
"I. Compliance with Local and California Laws and Regulations. The
permittee must agree to perform the terms of the permit in such a manner so as to comply with all
applicable local and state laws and regulations pertaining to the collection, storage and
transportation of solid waste. The permittee shall also comply with all other ordinances and
regulations of the City and applicable laws and regulations of the County of Los Angeles and
State of California, and shall obtain and keep in force all required permits and business licenses
throughout the life of the permit and all renewals thereof.
35
• 1 k71-1119
• / • 1
"A. Issuance or Denial of Permit. When an application has been made to the
City for a permit pursuant to this Ordinance or such standards as may be time to time adopted by
resolution of the City Council, it shall be the duty of the City Manager or his designee to consider
the matter; and he or she shall have the right to grant, condition or deny the permit request, and
such decision shall be subject to an appeal of the City Council. In granting, conditioning or
denying the permit request, the City Manager and the City Council may take into consideration
factors, including, but not limited to, the following:
(1) The ability of the permittee to comply with standards and requirements
enumerated in this Ordinance or such other standards as may be established by resolution of the
City Council.
(2) The ability of the permittee to comply with the equipment standards
enumerated in this Ordinance or such other standards as may be established by resolution of the
City Council.
(3) The ability of the permittee to comply with the provisions regarding
insurance or bonds enumerated in this Ordinance or such other standards as may be established by
resolution of the City Council.
(4) The ability of the permittee to cooperate, participate and consult with
City to implement programs as identified in the City's Source Reduction and Recycling
Element (SRRE).
Based on a preponderance of the evidence presented, the City Council shall make
36
appropriate findings of fact before determining whether the permit should be conditioned
or denied. If, based upon the record, the City Council determines that the performance
of Permittee is not in compliance with any material terms of this Ordinance or any
material provision of any applicable federal, state or local statute or regulation, the City
Council, in the exercise of its sole discretion, may deny the permit request. The
decision of the City Council shall be final and conclusive.
"B. Assignment or Transfer of Permit. No assignment or transfer of a permit
pursuant to this Ordinance or any right accruing under such permit shall be made in whole or in
part by the permittee without the express consent of the Council. In the event any assignment or
transfer is authorized by the Council, the assignee shall assume the liability and all other
obligations of the permittee. Each permittee shall file, on or befor��'anuary-f of each
calendar year, with the City Clerk, a statement of ownership and shall verify the same as being
true and correct under penalty of perjury. A permit issued under this Ordinance shall not grant
the permittee rights under California Public Resources Code Section 49520, where at the time the
permit is granted the permittee did not have a right to continue service under this section.
"C. Revocation. A permit may be revoked at the option of the Council in the
event there is a change of ownership of any kind or nature of the operating company, unless
approval therefor has been obtained in writing from the Council. If it is determined by the City
Manager that permittee has not complied with the provisions of this Ordinance, the permit, and all
other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the
permittee in writing of noncompliance and shall order compliance within thirty (30) days. If
noncompliance is not corrected within the above -prescribed thirty (30) day period, the Council,
37
a
following a public hearing upon at least ten days' written notice to the permittee, may terminate
the permit.
"Section 28. Charges for Service.
"A. Collection Charge. A charge for the collection of refuse shall be imposed
on the owner or occupant of each residential or commercial units to which refuse collection
service is made available. The charge so fixed shall be a civil debt due and owing to the City or
permittee from the owner or occupant of the residential or commercial unit to which the
collection service is made available. The City Council hereby specifically finds and determines
that the periodic collection of refuse and rubbish from all residential and commercial units
benefits all occupants and residents of the City, provides for the health, safety and welfare of all
persons in the City and, therefore, all such occupants or owners are liable for the payment of
collection service provided for hereunder, whether or not any such owner or occupant avails
himself of such collection service.
"B. Rate Adjustments. The Permittee shall provide the City and the owner or
occupant of each residential or commercial unit that receives collection services, at least sixty (60)
days in advance of the beginning of a billing period, written notice of the implementation of
changes in any of its rates and charges which are not subject to regulation by the City. The notice
shall include a statement of the reasons for the rate increase.
"C. Billing and Payment.
(1) Permittee shall bill all customers for all services rendered, whether
38
regular or special services. Permittee shall provide itemized bills,
distinctly showing charges for all classifications of services,
including but not limited to the charges for late payment, redelivery
fees, charges for additional containers, and other special services
covered under this Ordinance. The Permittee shall designate that
portion of a customer's bill attributable to any fees imposed upon
by the City as a separate item on customers' bills.
(2) City may, at City's sole option, elect to bill Residential Subscribers
for refuse collection and recycling through a parcel charge. Should
the City institute a parcel charge, Permittee shall be paid on
and for the premises served. Retroactive
adjustments shall be made on the basis of addresses of premises
added and the date added. Premises ordered after the first of the
month shall be charged on a prorated 30 day/monthly basis.
����.r.��.�.�aiiaa�ni3��.as���n-z:��s• �..•n3•�.���•n��m�•�K•nn�ay�:nr.nnurn
• • • W N�Al 10 MH
• . • . • . • r
i
i . -m-561 4 r •ll • -
39
"S&QgD 29. Right of Provision Modification. This Ordinance is intended to carry out
City's obligations to comply with the provisions of the California Integrated Waste Management
Act of 1989, ("AB 939") as it from time to time may be amended, and as implemented by
regulations of the California Integrated Waste Management Board ("Regulations"), as they from
time to time may be amended. In the event that AB 939 or other state or federal laws or
regulations enacted after this Ordinance has been enacted, prevent or preclude compliance with
one or more provisions of this Ordinance, such provisions shall be modified or suspended as may
be necessary to comply with such state or federal laws or regulations. The City specifically
retains the right to repeal, amend, add to, or modify each and every provision of this Ordinance.
40
"i n 3 $Zgh� t� ('grant Fran h. e. The City, subject to all applicable state laws,
specifically retains the right to grant a franchise or franchises for the collection of refuse,
recyclable and compostables materials from any residential or commercial units.
di
", .ion 31, penalty for Viela ion of Ornance. It shall be unlawful for any person, firm,
partnership, or corporation to violate any provision or to fail to comply with any of the
requirements of this Ordinance. Any person, firm, partnership, or corporation violating any
provision of this Ordinance or failing to comply with any of its requirements shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding
one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or any portion thereof during which any violation of any
of the provisions of this Ordinance is committed, continued or permitted by such person, firm,
partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance.
115 ion 32• r;v;l Remedies Available. The violation of any of the provisions of this
Ordinance shall constitute a nuisance and may be abated by the City through civil process by
means of restraining order, preliminary or permanent injunction or in any other manner provided
by law for the abatement of such nuisances.
11&tion I am&dbihly. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court
Sra p
41
action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
remainingprovisions, sections, paragraphs, sentences and words of this Ordinance shall remain in
full force and effect."
SFr_ __�11MU: The City Clerk shall certify to the passage of this Ordinance and shall cause
this Ordinance to be posted in three (3) public places within the City of Diamond Bar within
fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6.
ADOPTED AND APPROVED THIS
DAY OF _- , 1994.
Mayor
42
I Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify
that
Ordinance was introduced at a regular meeting of the Council of the City of
the foregoing 11 assed at a
h 1d on this day of
1994, and was fins y P
Diamond Bar a da of
regular meeting of the City Council of the City of Diamond Bar held on the __day
gu
1994, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL NUMBERS:
AB SENT : COUNCIL MEMBERS
ABSTAINED: COUNCIL MEMBERS:
ATTEST
City Clerk of the City of Diamond Bar
43
ORDINANCE NO. 02A (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMONEMEN D
BAR AMENDING ORDINANCE 02 (1990) ADO
AND STANDARDS RELATING TO THE COLLL CD WAST
AND AND DISPOSAL OF ECYCLING
TRANSPORTATION,
COMPOSTABLE MATERIALS.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SFC
aaNj: Ordinance 02 (1990) of the City of Diamond Bar hereby is amended to
read, in words and figures, as follows:
: The following provisions are hereby adopted as the Collection, Recycling,
��� Waste Recyclable, and Compostable Materials Ordinance
Transportation, and Disposal of Solid ,
of the City of Diamond Bar to read, in words and figures, as follows:
"Section 1
Legislative Policy.
Section 2
Section 3
Definitions.
of City Council to Issue Permits.
Authority
and Establishment of Collection Fees.
Section 4
Permits for Refuse Collection
Section 5
Unlawful Collection.
to have Exclusive Rights --Exception.
Section 6
Section 7
Permittee
Collection in Emergencies.
Section 8
Hours of Collection.
Collection --Spillage.
Section 9
Section 10
Refuse
Residential Refuse Containers.
Section 11
Commercial Refuse Bins.
Replacement of Containers for Collection.
Section 12
Section 13
Time and Date f Placement of Containers.
Section 14
Refuse Removal
Section 15
Refuse Disposal.
Provisions Regarding Method of Disposal.
Section 16
Section 17
Special
Burning, Burial or Dumping•
Section 18
Duration of Storage.
Section 19
Use of Trucks.
No Parking of Refuse Trucks on any Public Highway-
Section 20
Section
21
Trucks --Equipment Required.
r Zj5 ative Po1ic_v. The City Council finds and determines that storage,
.� disposal of refuse, trash, rubbish, solid waste, debris and other
accumulation, collection and d�sp er control of such matters
discarded material is a matter of great public concern, in that impro p
in insect
ublic nuisance, which may lead to air pollution, fire hazards, illegal dumping
creates a P
breeding and rat
infestation and other problems affecting the health, welfare and safety of e
residents of Diamond Bar and surrounding cities. The City Council further recognizes that
rtance, and that the adoption
recycling and waste reduction is of national, regional, and local impo
lations for the collection, disposal, recycling, and transportation of solid waste,
of uniform regu
ostable materials as provided in this Ordinance are designed to eliminate or
recyclable and c om p
alleviate such problems.
For the purpose of this Ordinance, the following words and
ion 2. ��. anent from the
hrases are defined and shall be construed as hereinafter set out, unless it is app
P
context that a different meaning was intended:
A. AB
939' means the California Integrated Waste Management Act of 1989' as it
2
Specifications and Restrictions on Collection Trucks.
Section 22
Section 23
Truck Inspection.
Permitteds Local Telephone Number,
Section 24
Section 25
Permittee's Employees.
Removal of Refuse --Prerequisites.
Section 26
Permit for
Section 27
Permit Issuance.
Section 28
Charges for Service.
Right of Provision Modification.
Section 29
Section 30
Right to Grant Franchise.
Violation of Chapter.
Section 31
Penalty for
Civil Remedies Available.
Section 32
Section 33
Severability.
r Zj5 ative Po1ic_v. The City Council finds and determines that storage,
.� disposal of refuse, trash, rubbish, solid waste, debris and other
accumulation, collection and d�sp er control of such matters
discarded material is a matter of great public concern, in that impro p
in insect
ublic nuisance, which may lead to air pollution, fire hazards, illegal dumping
creates a P
breeding and rat
infestation and other problems affecting the health, welfare and safety of e
residents of Diamond Bar and surrounding cities. The City Council further recognizes that
rtance, and that the adoption
recycling and waste reduction is of national, regional, and local impo
lations for the collection, disposal, recycling, and transportation of solid waste,
of uniform regu
ostable materials as provided in this Ordinance are designed to eliminate or
recyclable and c om p
alleviate such problems.
For the purpose of this Ordinance, the following words and
ion 2. ��. anent from the
hrases are defined and shall be construed as hereinafter set out, unless it is app
P
context that a different meaning was intended:
A. AB
939' means the California Integrated Waste Management Act of 1989' as it
2
may be amended from time to time, and as implemented by the regulations of the
California Integrated Waste Management Board.
'AB 939 Administrative Fee' means the fee or assessment set by the City which is
B.
intended to offset the City's expenses in administering this Ordinance and to
compensate City for the costs associated with compliance to the California
integrated Waste Management Act of 1989 (AB. 939). Any fee or assessment
this Ordinance, shall be those which the City Council may from
imposed under
time to time hereafter approve by resolution.
„C Animal Waste' means manure, fertilizer, or any form of solid excrement produced
band all forms of domestic animals or commercial livestock.
y any
ins' means those containers provided by Permittee for commercial,
D. B to six (6) cubic
construction and residential unit uses. Bins are usually two (2)
size which are picked up by refuse trucks by means of front loading
yards m ,
apparatus.
furnishing or appliances,
"E. Bulky Goods' means discarded household furniture,
s
including white goods; automobile parts, including tires; rock or brick in reusable
ets• mattresses; large branches; trunks; stumps or limbs of trees in
form; care ,
xceeding eighteen (18) inches in diameter or four (4) feet in length
bundles not e
and other items
the size or weight of which precludes or complicates their handling
by normal collection, processing or disposal methods.
"F. 'City means the City of Diamond Bar.
"G. 'City Clerk' means the. City Clerk of the City of Diamond Bar.
3
IN. 'City Manager' means the City Manager of the City of Diamond Bar or his designee.
"I. 'City Limits' means the boundaries of the City together with all amendments and
changes thereto, which boundaries are shown by maps incorporated herein by
reference and which are on file in the office of the City Clerk.
"J. 'Council' means the City Council of the City of Diamond Bar.
"K. 'Commercial Solid Wastes' include all types of solid wastes generated by stores,
offices, governmental institutions and other commercial sources, excluding
single-family residential solid waste.
"L. 'Commercial Unit' means any commercial business, industrial complex, certain
multi -family residences, any mobile home park, any hotel or motel, any office
building, or retail establishment which utilizes bins or other containers, as defined
in this Ordinance, for the collection of solid waste and recyclables..
"M. 'Compostable Materials, Green Waste or Yard Waste' means leaves, grass
clippings, brush, branches and other forms of organic waste generated from
landscapes or gardens, separated from other solid waste. Compostable Materials
does not include stumps or branches in bundles exceeding eighteen (18) inches in
diameter or four (4) feet in length.
"N. 'Construction and Demolition Waste' means the waste building materials,
packaging, plaster, drywall, cement and rubble resulting from construction,
remodeling, repair and demolition operations on pavements, buildings and other
structures, (except asbestos- containing materials and reusable rock or brick).
"O. 'Garbage, Refuse or Solid Waste' means putrescible and non-putrescible solid and
4
semisolid material generated in or upon, related to the occupancy of, remaining in
or emanating from residential or commercial/industrial units, such as ordinary
household garbage, refuse, rubbish, paper, ashes, industrial wastes, demolition and
construction wastes, as well as, dead animals of less than fifty (50) pounds in
weight, every accumulation of animal waste, vegetable or other matter which
results from the processing, consumption, decay or decomposition of meats, fish,
fowl, birds, fruits, grains or other animal or vegetable matter normally resulting
from domestic, institutional, commercial, industrial, agricultural, and other
community activities, and other discarded wastes as defined in California Public
Resources Code Section 49503, but excluding certain special waste and materials
set out for recycling, and composting. Solid waste shall not include any hazardous
wastes as defined herein.
"P. 'Hazardous Waste' means any waste materials or mixture of wastes defined as such
pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et sea.,
or the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), 42 U.S.C. ss 9601 et sea., and all future amendments to either of
them, or as defined by the California Environmental Protection Agency or the
California Integrated Waste Management Board, or either of them. Where there is
a conflict in the definitions employed by two or more agencies having jurisdiction
over hazardous or solid waste, the term "Hazardous Waste" shall be construed to
have the broader, more encompassing definition.
"Q. 'Industrial Waste' means all solid waste and semi-solid waste which results from
industrial processes and manufacturing operations.
"R. 'Multi -Family Units' means residential units such as apartments, condominiums and
townhomes, other than Single Family Dwellings, which utilize bins or other
containers, as defined in this Ordinance, for the collection of solid waste and
recyclables.
"S. 'Municipal Solid Waste' means all Solid Waste generated within the City which is
designated for collection under this Ordinance.
'T. 'Occupant' means and includes every owner of, and every tenant or person who is
in possession of, is the inhabitant of, or has the care and control of, an inhabited
residence.
"U. Permit' means the written authority by City and evidenced by this Ordinance
granting a qualified refuse collector the right and privilege to: (1) arrange for the
collection of, and to collect refuse, rubbish and other forms of solid waste, (2)
transport to landfill or other licensed disposal facilities as determined by Permittee
unless otherwise specified by City, and (3) recycle from collected refuse,
compostables and recyclable materials, all solid waste, green waste and recyclables
kept, generated and/or accumulated within the City.
N. Permittee' means the individual, firm, corporation, association, or group or
combination acting as a unit that has been authorized by the City Council to
collect refuse within the City pursuant to this Ordinance.
"W. 'Public Highway' means any public street, alley, road, public place or highway,
0
except state freeways, open to and used by the travelling public and not used as a private
right-of-way within the City.
'X. 'Recyclable Material' means any material generated on or emanating from
residential or commercial/industrial units which is no longer useful or wanted and
has the potential of being reused or processed into a form suitable for reuse
through reprocessing or remanufacture, consistent with the requirements of the
California Integrated Waste Management Act. Such material may include, but is
not limited to paper, newsprint, printed matter, pasteboard, paper containers,
cardboard, glass, aluminum, PET and other plastics, beverage containers,
compostable materials, used motor oil and such other materials designated by
City's City Manager, or designated as recyclables by the California Integrated
Waste Management Board, or other agency with jurisdiction, and which are
collected by Permittee pursuant to this Ordinance.
"Y. Recycling Container' means a container of a size, design, and weight prescribed by
the City Council by Resolution and delivered to residences covered by this
Ordinance, for the temporary storage and collection of Recyclables.
"Z. Refuse Collector' means any person or persons, firm, copartnership, joint venture,
association or corporation engaged in the collection, transportation and/or disposal
of solid waste and/or recyclable materials.
"AA. Residential Solid Waste' means all types of domestic garbage which originate from
residential properties which utilize one or more individual residential type solid
7
waste containers, including any household hazardous waste which may be found to have
been placed in the residential solid waste stream.
"BB. Residential Units' means any structure occupying one or more parcels of land
which contain or have located thereon a single-family residence or in some
situations a multi -family dwelling used for living purpose.
"CC. 'Scavenging' means the uncontrolled and unauthorized removal of any recyclable
materials, as defined by California Public Resources Code Section 41950 and
41951, or solid waste without a permit pursuant to this Ordinance
"DD. 'Single -Family Residence or Single -Family Dwelling' means a detached building, or
each unit of a duplex or triplex, of permanent character placed in a permanent
location, which utilizes one or more individual residential type solid waste
containers.
"EE. 'Solid Waste Containers' means a container of a size, design, and weight prescribed
by the City Council and utilized by single-family residences or certain multi -family
units. The term "Solid Waste containers" does not include Bins used by multifamily
residences.
"FF. 'Special Wastes' means any solid waste listed in Section 66740 of Title 22 of the
California Code of Regulations, or any waste which has been classified as a special
waste by the City Council, including, but not limited to, any material which
because of its source of generation, physical, chemical, or biological characteristics
or unique disposal practices, is specifically conditioned in the solid waste facilities
permit for handling and/or disposal.
"GG. 'Truck' means any truck, trailer, semitrailer, conveyance or vehicle used or
intended to be used for the purpose of collecting refuse or to haul or transport
refuse.
Legislature of the State of California, by enactment of the California Integrated Waste
Management Act of 1989 ("AB 939"), has declared that it is within the public's interest to
authorize and require local agencies to make adequate provisions for solid waste handling within
their jurisdictions. California Public Resources Code Section 40059, as amended from time to
time or any successor provision or provisions thereto, authorizes the City to determine (i) all
aspects of solid waste handling which are of local concern, including, but not limited to, frequency
of collection, means of collection and transportation, level of services, charges and fees, and
nature, location, and extent of providing solid waste handling services; and (ii) whether the
services are to be provided by means of nonexclusive franchise, contract, license, permit, or
otherwise, either with or without competitive bidding. The City Council has now therefore
determined, pursuant to California Public Resources Code Section 40059(a)(1), that the public's
health, safety and well-being require that permits be granted to qualified solid waste contractors
for solid waste collection, recycling, composting and disposal services in residential, commercial,
construction and industrial areas within the City of Diamond Bar.
pmr, mink mm grewrim one rums, roomminornmons iren, mums, =mm
Council determines that the disposal and/or collection of refuse, trash, rubbish or other solid
N
waste is a service to be performed in the City in accordance with the provisions of this Ordinance.
The City may from time to time issue permits to those parties meeting the criteria of this
Ordinance and such other standards as may be established by resolution of the City Council
regarding the collection of refuse, rubbish and other forms of solid waste from residential and
commercial units. So long as any such permit remains in force, collection of material provided for
herein may be made only in accordance with the terms and conditions thereof. Fees and charges
for such collection, removal and disposal services shall be those which the Council may from time
to time hereafter approve by resolution. No person shall engage in the business of collecting,
removing or disposing of any refuse, trash, recyclable and/or compostable material, or other solid
waste including hazardous wastes or infectious medical waste, within the City from any residential
or commercial units, nor transport the same over any public highway or rights-of-way, unless a
permit to do so has first been obtained from the Council and such person complies with the
provisions of this Ordinance and any other regulations which have been adopted pursuant to this
Ordinance.
"Section 5. Unlawful Collection, No person shall collect or transport refuse or recyclable
material within the City unless such person is a permittee, as defined in this Ordinance, or is
exempt in accordance with subsections A through F of this Section. No person shall permit,
allow or enter into any agreement whatsoever for the collection or transportation of refuse or
recyclable material from any residential or commercial units with any person who is not a
permittee as herein defined except as permitted in subsections A through F of this Section.
"A. The collection and removal of grass clippings, prunings, shrubbery, and
10
similar materials by individual residents and by individuals doing business as professional
landscapers, tree trimmer or other persons engaged in similar trade, when the collection is directly
related to their work, shall be exempt from the refuse permit system.
"B. A permittee shall not be required to collect hazardous waste or other
dangerous materials as part of its regular collection activity. Liquid and dry caustics, acids,
infectious, flammable, explosive materials, insecticides, and similar substances shall not be
deposited in collection containers. Any person collecting such substances shall, in addition to any
requirements of State and Federal law, obtain a permit therefor pursuant to the provisions of this
Article.
"C. Infectious medical waste (as defined in California Health and Safety Code
Section 25117.5, as amended from time to time, or any successor provision or provisions thereto)
shall not be collected by a permittee as part of its regular collection activity. Anyone producing
such wastes shall store, handle and dispose of such materials only in the manner approved by the
county health officer or designated deputy, and in accordance with the California Health and
Safety Code. Disposal of infectious medical waste shall be conducted pursuant to a permit issued
under this Ordinance in addition to any requirements imposed by State law.
"D. No provision of this Chapter shall prevent the occupant of a residential unit
or commercial unit from selling to a buyer, for a monetary or other valuable consideration, any
source separated recyclables, including without limitation, any saleable scrap, discard, reject, by-
product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging
material, paper or other similar item generated in, on or by a residential or commercial unit, and
no longer useful to the same, but having no market value, whether such buyer is a recycler, junk
11
dealer, or other enterprise engaged in the business of buying and marketing such materials in the
stream of commerce; provided, however, that such buyer is not engaged in the business of
collecting solid waste for a fee or other charge or consideration, and that no such materials are
transported for disposition to a landfill or transfer station as defined in California Public
Resources Code Section 40200.
"E. The collection and removal of recyclable material, including but not limited
to, glass, newspapers, aluminum and cardboard, that are separated either for reuse or for the
manufacture of new products shall not be exempt from the provisions of this Ordinance;
however, such activities may be the subject of a separate permit at the discretion of the Council.
"F. The removal and disposal of refuse from a residential unit by the occupant
or owner thereof shall be exempt from the refuse permit system, subject to the provisions of
Section 13 of this Ordinance.
"Section 6. Permittee to have Fxcl u ive Ri tc Exception. Excepting existing rights that the
City reserves to itself, or as otherwise provided in this Ordinance, persons to whom the City may
issue a permit and the agents, servants and employees of any such person, while the permit is in
effect, shall have the exclusive right to gather, collect and remove refuse, recyclable and/or
compostable material, and other waste material from any residential or commercial unit within the
City subject to such terms and conditions as the Council may apply to the issuance of such permit.
"A. In the event that the collection, transportation and/or disposal services of Permittee
12
are temporarily interrupted or discontinued for any of the following reasons: riots, wars,
sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods,
earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other
catastrophic events which are beyond the reasonable control of Permittee, for a period of more
than seventy-two (72) hours, and if as a result thereof, refuse, compostables and recyclables
should accumulate in City to such an extent, in such a manner, or for such a time that the City
Manager should find that such accumulation endangers or menaces the public health, safety or
welfare, the City shall have the right, upon twenty-four (24) hour prior written notice to
Permittee, during the period of such emergency, to issue limited permits to private
persons or corporations to perform any of the services regulated by this Ordinance or
temporarily take possession of any or all equipment and facilities of Permittee previously
used in the collection, transportation and disposal of refuse, compostables and recyclables
under this Ordinance, and to use such equipment and facilities to collect and transport
any or all refuse, compostables and recyclables which Permittee would otherwise be
obligated to collect and transport pursuant to this Ordinance. Permittee agrees that in
such event it will fully cooperate with City to effect such a transfer of possession for
City's use.
"13. Permittee agrees that, in such event, City may take temporary possession of
and use all of said equipment and facilities without paying Permittee any rental or other
charge, provided that City agrees that, in such event, it assumes complete responsibility
for the proper and normal use of such equipment and facilities. City agrees that it
shall immediately relinquish possession of all of the above-mentioned property to
13
Permittee upon receipt of written notice from Permittee to the effect that it is able to
resume its normal responsibilities under this Ordinance.
"A. Collection from residential areas shall be made between the hours of 6:30 a.m. and
6:30 p.m, on weekdays only. Collections from commercial and industrial locations may begin at
6:00 a.m. provided, however, that the permittee's operations do not disrupt the peace and quiet of
adjoining residential neighborhoods. The City Manager may require a permittee to change hours
of operation in commercial and industrial areas if it can be determined that said operations have a
detrimental affect upon the peace and quiet of adjoining residential neighborhoods.
"B. In order to prevent problems of traffic, noise, wear and tear to public highways, or
other problems having the potential to adversely affect the health, safety, and the general quality
of life of the community, the City Council may regulate the routes, intervals, delivery points, and
days for collection by permittees operating within the City.
T. The City Council may waive the requirements of this Section when necessitated by
conditions beyond the control of the permittee.
"D. The days and hours of collection, transportation and/or disposal services of
permittees operating in the City may be established by resolution of the City Council from time to
time hereafter.
"Section 9. Refuse Collection— S12illage. permittee shall exercise all reasonable care and
diligence in collecting refuse and recyclable material so as to prevent spilling, scattering or
14
dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence,
clean up any such spillage.
"A. Permittee shall, at a minimum, provide a 100 -gallon container or suitable
alternative, as approved by the City Manager, for the collection of refuse from Single
Family Residences within the City. Any container provided by Permittee, pursuant to
this Section, shall be at the Permittee's expense and shall meet the specifications for
containers as set forth by Resolution of the City Council.
"B. Nothing in this Section shall prohibit any tenant, lessee or occupant of any
Residential Unit to provide without expense to the City their own container providing that the
container is specifically designed for the containment of refuse, or watertight metal or plastic
containers except as hereinafter provided, which shall have suitable bales or handles and a tight-
fitting cover which shall prevent leakage or escape of odors, and which when filled within four
inches of the top shall contain all refuse which would ordinarily accumulate on such units between
collections., The exterior of such containers, including covers, shall be kept clean from
accumulated grease or decomposing materials. Except when placed in accordance with Section
12 hereof for collection purposes, refuse containers shall be kept and maintained only in storage
locations permitted by the Diamond Bar Zoning Ordinance, as the same presently exists or as
may be amended from time to time, or as specified by use permit or other entitlement for use.
"C. Permittee shall provide a container(s) or suitable alternative, as approved by
the City Manager, capable of storing a minimum of 36 -gallons of commingled
15
recyclables as defined by this Ordinance. It shall be the duty of every tenant, lessee or
occupant of any Residential Unit to maintain said containers in a reasonable safe and secure
manner.
"D. Grass clippings, leaves and other yard work debris, other than branches or tree limbs,
may be either deposited in metal or plastic containers, or specially designed bags, as above
mentioned, or cardboard boxes. If cardboard boxes are used, the cardboard boxes, along with the
contents, shall be considered refuse set out for collection and both the cardboard boxes and
contents shall be collected.
"E. Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or
wire, in bundles not exceeding four feet in length nor eighteen inches in diameter.
T. Newspapers and magazines may be either deposited in metal or plastic containers, as
above mentioned, or tied with sturdy twine, rope or wire, in bundles not exceeding fifty pounds in
weight.
"G. Extra or unwanted cardboard boxes shall be flattened and tied in bundles not
exceeding four feet in length nor fifty pounds in weight.
"H. Any container designed to be emptied by hand shall have a capacity of not less than
fifteen gallons nor more than forty-five gallons, and which shall not exceed fifty pounds in weight
when loaded, adequate to contain the amount of garbage and combustible rubbish normally
accumulating during the interval between collections thereof.
"A. Permittee shall collect and remove all solid waste that have been
placed in bins, from all commercial, industrial, and multi -family residences with the
City at least once every week or more frequently if required to handle the waste stream
of the premises where the bins are located. Permittee shall provide a bin suitable to
each commercial, industrial and multi -family residences for the collection of
refuse.
'B. Each such bin employed solely for the accumulation of commercial garbage
shall be of durable metal or plastic construction, water tight and shall be equipped with a tight-
fitting metal or plastic cover. The use of oil drums of fifty gallon capacity or more is specifically
prohibited.
of�1j_1M _U. Placement of ontainerc for ollection. It shall be the duty of every person
having charge and control of any residential or commercial unit to set out or place containers or
bins for the collection of refuse, recyclables, compostable materials, miscellaneous debris and
combined rubbish and/or other solid waste, as follows:
"Any container used for the purpose of reception and removal of refuse or recyclable
materials shall be placed at the curb in front of the dwelling, or the alley in the rear of each
dwelling; except where alleys, having access to public highways at each end, exist in the rear of
commercial units, and from such premises collections shall be made from such alleys, provided
that the permittee may designate some other location for the placement of containers and/or bins
when such placement will expedite collection, and approved by the City Manager.
17
•�. ,t� �. . • 1 14141114ja I on •
"A. No person shall place, or cause to be placed, any refuse or recyclable
material, or container or bin used for the collection of refuse or recyclable materials, in any public
highway or in any place or in any manner other than hereinabove provided, or at any time other
than the days established by the City for the collection of such refuse or recyclable material on the
particular route involved, earlier than sunset of the day preceding the day designated for
collection, and all containers and bins shall be removed from the place of collection prior to 10.00
p.m., on the day the containers and bins have been emptied.
"B. Each owner, occupant, tenant or lessee of a residential or commercial unit
shall maintain the same in a sanitary condition. Should any container or bin not be emptied and
the contents removed on the date and time scheduled by the permittee, they should immediately
notify the permittee or the City, and it shall be the duty of the permittee to forthwith arrange for
the collection and disposal of the refuse.
T. Refuse, recyclables, compostables, salvage and other special waste, as defined
herein, which exceeds the limitations hereinabove set out may, in the discretion of the permittee,
be scheduled for special collection upon the application of the owner or occupant of the premises.
Special collection charges may be assessed by the permittee for this service with prior approval of
above-mentioned occupant of the premises and subject to any requirements set forth in the permit.
"D. No person, other than the owner thereof, the owner's agents or employees .
or an officer or employee of the City or a permittee's agents or employees authorized for such
purposes, shall tamper or meddle with any container or bin used for the collection of refuse and
18
recyclables, or the contents thereof, or remove the contents of any container or bin, or remove
any container or bin from the location where the same shall have been placed by the owner thereof
or owner's agent.
"Section 14. Refuse Removal. Pursuant to California Administrative Code Title 14,
Chapter 17.331H, all refuse created, produced or accumulated in or about a residential unit or
commercial units in the City shall be removed at least once each week. No person who is the
occupant of any of the above-described premises shall fail or neglect to provide for the removal
of refuse at least as often as prescribed in this Section.
"Section 15. Refuse Disposal. The permittee shall dispose of collected wastes, at
permittee's expense, at a City -directed landfill or transfer station in a manner satisfactory to the
City and in accordance with all state and local laws and regulations.
•� •'2043TY6• T'•• 1! =16T, • ••
"A. The removal of wearing apparel, bedding or other refuse from residential units
or other places where highly infectious or contagious diseases have been present shall be
performed under the supervision and direction of the County Health Officer and such refuse shall
neither be placed in containers or bins nor left for regular collection and disposal.
"B. Highly flammable or explosive or radioactive refuse shall not be placed in
containers or bins for regular collection and disposal, but shall be removed under the supervision
of the City at the expense of the owner or possessor of the material.
19
"C. Refuse or other solid waste containing water or other liquids shall be
drained before being placed in a container or bin. Matter which is subject to decomposition shall
be wrapped in paper or other material before being placed in a container or bin.
"D. No hazardous material, as defined in this Ordinance, or any other
dangerous substance capable of damaging clothing or causing. injury to the person shall be mixed
or placed with any rubbish, solid waste or other refuse which is to be collected, removed or
disposed of by a permittee. Such items shall be removed at the occupant's expense only after
arrangements have been made with the permittee or City for such removal.
"E. Animal waste, as defined in this Ordinance, shall not be placed in
containers or bins for regular collection and disposal, but shall be removed at the occupant's
expense.
T. Permittee may, but is not required to, provide such collection,
transportation and disposal services for Special Wastes as defined herein. Permittee may
provide such service for Special Wastes if contracted to do so by customers under
separate written contracts negotiated between Permittee and the customer generating such
Special Wastes.
"G. Permittee, at Permittees' sole expense, shall collect up to five (5)
quarts of uncontaminated waste motor oil per Single -Family Residences per month.
Waste motor oil must shall be placed at the curb on the same day of the week as usual
refuse collection in a resealable plastic container and be clearly identified as used and/or
waste motor oil. Permittee shall collect used motor oil in containers that have been
placed at curbside at no additional charge to service recipients. Permittee shall exercise
20
care and diligence in collecting waste motor oil so as to prevent spillage
all reasonable hours
11 at Permittees' sole expense, clean-up any such spillage within four (4)
and sha ,
of notification by City-
Rnria�of Dt1mI21IIS•
"A. It shall be unlawful for any person to place, deposit or dump, or cause to be
ited or dumped any solid waste, recyclable material, hazardous waste or infectious
placed, depos
of an kind whatsoever upon any private or public property within a distance of one
waste Y
0 feet from any public highway in the City, or within a distance of five hundred
thousand (1,00 )
residential or commercial unit, or to cause or suffer or permit such solid
(500) feet from any resed upon any public
waste, recyclable material, or infectious waste to be placed, deposited or dump P
rivate
property within a distance of one thousand (1,000) feet of any public highway or
or p P
within a distance of five hundred (500) feet from any residential or commercial unit within the
laws of the City, County,
City, without first having obtained a use permit pursuant to the zoning o ted in the
and
State of California, or pursuant to any other zoning law that may be hereafter adopted
place and stead of said zoning laws of the City. The provisions of this Section shall not apply to
clable materials, hazardous waste or infectious waste placed into a container for
solid waste, recy
ick -u b a refuse collector operating pursuant to a permit issued under this Ordinance.
p p Y
"B. No person shall burn, bury or dump any refuse, recyclable material,
hazardous waste or infectious waste within the City at any time, without having first complied
les and regulations of the City, the County, the South Coast Air Quality Management
with all ru
District, or any other agency with jurisdiction.
21
"Section 18. Duration of Storage. Pursuant to California Administrative Code Title 14,
Chapter 3, Section 17.331H, no person shall store or accumulate any refuse, rubbish or
miscellaneous debris in any container or at any location other than as hereinabove set forth, or for
any length of time other than as follows:
"A. Refuse shall not be accumulated or stored for a period of time in excess of:
"(1) Residential units: One week (seven days);
"(2) Commercial units: One week (seven days);
"B. Recyclable materials shall not be stored or accumulated for a period of time in
excess of one week (seven days);
"C. The above periods of time which end in any week in which a holiday occurs
are extended one additional day.
"Section 9. Use of Trucks. Any persons who desire to operate privately owned refuse,
trash or recycling vehicles under provisions of this Ordinance shall utilize vehicles that are
registered with the Department of Motor Vehicles of the State of California, and are of
a size, weight, nature and type to be minimally intrusive on the community with respect
to noise, emissions, maneuverability, safety, fuel efficiency, and other factors necessary
to minimize the impacts of the Permittees' services. The City Manager shall require the
permittee to remove from service or repair those vehicles that allow or permit offensive odors to
escape and/or refuse to be blown, dropped or spilled therefrom.
22
".ion 20. No Parking of Refuse Trucks on any Public Highway.
"A. No person, between the hours of 8:00 p.m. and 5:00 a.m., shall leave a refuse
truck parked on any public highway.
"B. No person, between the hours of 5:00 a.m. and 8:00 p.m., shall leave a
refuse truck parked on any public highway for more than one hour unless the City Manager is
notified that a breakdown or emergency exists.
"Section 21. Trucks --Equipment Required. Each truck of a permittee shall at all times
have in the cab the registration of the truck, a certificate of insurance, and an identification card
with the name of whom to telephone in case of an accident or emergency. Each truck shall be
equipped with a minimum of a twenty -pound fire extinguisher that has been certified by the
California State Fire Marshal. This fire extinguisher shall be recharged as needed, but not less
than once annually. Vehicles shall be equipped with a shovel and broom to clean up any spillage.
"Section 22. Specifications and Restrictions on Collection Trucks. All trucks used for
refuse, recyclables or compostable materials collection within the City shall be required:
"A. To be completely enclosed with a nonabsorbent cover while transporting
refuse, recyclables or compostable materials or other waste materials in or through the City.
'Completely enclosed with a nonabsorbent cover' means that refuse, trash, recyclable or
compostable materials shall not be visible from the public highway, nor shall any of the substances
be permitted to leak, spill or become deposited along any public highway;
"B. All trucks used in the course of refuse or recyclable materials collection
23
shall be uniformly painted and identified by truck numerals, a company logo, and local telephone
number in letters and figures no less than five inches (5") high. All collection trucks
shall ' display the seal of the City of Diamond Bar with the words "Serving the City of
Diamond Bar" in letters no less than eight inches (8") high.
"C. All trucks shall be kept clean and in good repair at all times. Equipment
bodies shall be of metal and reasonably watertight so that no materials shall leak, fall
or be spilled.
"D. All trucks shall be maintained in good and safe mechanical condition.
Vehicles must conform to the California Vehicle Code and all other applicable laws and are
subject to inspection at any time by the City or the California Highway Patrol.
Wy-
"A. Each of any permittee's trucks shall pass a California Highway Patrol Biannual
Inspection of Terminals. Proof of inspection shall be made available at the discretion of the City
Manager at any point of operation. The Permittee shall not use a vehicle that has failed to pass a
vehicle inspection.
"B. A decal may be issued by the City for each truck complying with provisions
of this Ordinance which shall be placed on the truck in a conspicuous place.
"Section 24. Permittee s Local Telephone Number. Each permittee must maintain a local
telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00 p.m. on
24
normal working days, and at all other times with some type of mechanism for the purpose of
taking messages.
"Section 25. Permittee's Employees. Each permittee must provide high-quality service by
industry standards and supply competent, qualified, identifiable and uniformed personnel who
serve the residents of Diamond Bar in a courteous, helpful and impartial manner.
"A. The City may, at its option, require fingerprinting of the permittee's
employees whose service will cause them to enter onto or work in close proximity to private
property.
"B. The permittee shall be required to hire employees without regard to race,
religion, color, national origin, sex, political affiliation, or any other nonmerit factor.
"C. Any employee driving permittee's refuse trucks shall at all times have in his
or her possession a valid and appropriate vehicle operator's license issued by the State of
California.
"D. The permittee's employees shall be required to wear clean, identifiable
uniforms when engaged in refuse collection service within the City.
"A. Procedure and Required Information. Any person or refuse collector
desiring to obtain a permit to remove or convey any solid waste, recyclable or compostable
material, hazardous waste or infectious waste upon or along any public highway within the City
from any residential and/or commercial unit, shall sign and file an application in the form
25
prescribed by the City and pay a permit application fee as may be established by resolution of the
City Council. To the extent permitted by law, the information submitted in the application shall
be kept confidential. Each permit application shall be filed with the City Manager or his designee
and shall include, at a minimum, the following information:
"(1) Name and description of the permittee;
"(2) Permanent business address and address of local office of the permittee;
"(3) Trade and firm name;
"(4) If a joint venture or a partnership or limited partnership, the names
of all partners of the firm, and the names of the officers and their
percentage or participation interest and their permanent addresses;
"(5) Facts indicating that the permittee has arranged for refuse disposal
in an area where the same may be legally accepted and disposed of
as directed by the City;
"(6) The type of solid waste, recyclable material, hazardous or infectious
waste to be collected in each of the applicable areas: residential,
commercial, multi -family residential, industrial;
"(7) Facts indicating that permittee is qualified to render efficient refuse
collection service;
"(8) Facts indicating that trucks and equipment conform to all applicable
provisions of this Ordinance;
"(9) Satisfactory evidence that permittee has been in existence as a
going concern for in excess of five years and possesses not less than
W
five years' actual operating experience as a going concern in
residential and/or commercial refuse collection and disposal;
"(10) Satisfactory evidence that permittee's experience as a going concern
in residential and/or commercial refuse collection and disposal
derives from operations of comparable size to that contemplated by
the permittee; details shall include length of other contracts, name
and size of municipality, nature of service provided, and the name
of the contact person at the municipality being served;
"(11) Evidence that permittee is in good standing in the State of
California and in the case of a corporation organized under the laws
of any other state, evidence that permittee is licensed to do business
in the State of California;
11(12) A detailed inventory of the permittee's equipment available for use
in refuse collection area;
11(13) A written statement that permittee has complied with or is capable
of complying with all regulations imposed by the County of Los
Angeles and the State of California for the collection and disposal
of solid wastes.
"(14) Facts indicating that the applicant owns or has under his control, in
good mechanical condition, sufficient equipment to conduct the
business of refuse collection adequately if granted a permit, and that
27
applicant owns or has access to suitable facilities for maintaining his
equipment in a clean and sanitary condition.
"(15) Satisfactory evidence that the issuance of a permit is in the public
interest and convenience in that there is an available market for
refuse collection which can be legally served by the applicant.
"(16) Such other pertinent facts or information as the City Manager may
require, including evidence of State certification, if applicable.
"(17) Any of the above provisions in conflict with certification
requirements imposed by State law shall not be required.
"B. Permit Fees.
"(1) Pursuant to California Public Resources Code Section 41902, the
City may directly assess a fee or may, by agreement, arrange for the fee to be
collected by the Permittee under this Ordinance. Permittee shall pay or collect, as the
case may be, an AB 939 Administrative Fee as may be established by separate
resolution of the City Council and from time to time amended hereafter. Any fee
established pursuant to this Section shall be payable by Permittee to City thirty (30)
days after the close of each quarter of Permittees' fiscal year.
"(2) The Permittee shall remit to City, for its reasonable costs of
granting a Permit, a non-refundable application fee as determined by resolution of the
City Council and from time to time amended.
"(3) The Permittee shall be required to remit to City an annual permit
fee or such fee as determined from time to time hereafter by resolution of the City
28
Council. The permit fee required by this Section shall be in addition to any other
license, permit, or agreement previously granted by the County of Los Angeles or the
City of Diamond Bar.
"C. Reports.
"(1) The Permittee shall submit, in a form approved by the City, an
annual report within 120 days after the close of each fiscal year. This report shall
include, but is not limited to, the following information:
(a) A summary of the previous year's (or, in the case of the initial
report year, the initial year's) activities including, but not limited
to, services begun or discontinued during the reporting year, and
the number of customers for each class of service;
(b) A report, in a form satisfactory to the City, on the City's progress
in meeting and maintaining its ability to meet its goals under AB
939 as applied to the Permit Area, along with any recommended
changes.
(c) A revenue statement, setting forth quarterly AB 939 Administrative
Fees, and the basis for the calculation thereof, certified for
accuracy by an officer of the Permittee;
(d) A list of Permittee's officers and member of its board of directors.
(e) A list of stockholders or other equity investors holding five percent
(5%) or more of the voting interest in the Permittee and any
29
subsidiaries unless Permittee is a public corporation whose annual
reports are publicly available.
"(2) Permittee shall submit, in a form approved by the City, a monthly
program report. These reports shall be due within twenty (20) working days from the
end of the month. At a minimum, the reports shall include:
(a) Summaries of tonnage collected and disposed of by generator type,
disposal facility used and disposal fees paid;
(b) Summaries of tonnage of recycled material collected by material;
(c) Summaries of tonnages of non-recyclables and contaminants
disposed;
(d) Summaries of tonnages, using an approved sampling methodology,
of each material processed, sold or otherwise exchanged for
processing, by material type;
(e) Average market prices for each material sold, and processing
charges or acceptance fees for yardwaste or other applicable
materials;
(f) Participation rates for each route in terms of set out counts and
average pounds collected per residential subscriber, multi -family
residences, or commercial subscriber;
(g) Description of progress in meeting the implementation schedule,
including the problems encountered and how they were resolved;
(h) Summaries of the number of service complaints by route, including
k1f,
the date, nature of complaint, and how it was resolved.
"(3) Permittee shall provide up to six (6) reports of varying detail and
format, as specifically requested by the City, to meet unforeseeable information queries
of the California Integrated Waste Management Board, Los Angeles County Integrated
Waste Management Task Force, or other public agencies.
"(4) Permittee shall provide City two (2) copies of all reports, or other
material adversely affecting the Permittee's status under this Ordinance, including, but
not limited to, reports submitted by Permittee to the Environmental Protection Agency,
the California Integrated Waste Management Board or any other Federal or State
agency. Copies shall be submitted to City simultaneously with Permittee's filing of such
matters with said agencies.
"(5) The Permittee shall submit to City copies of all pleadings,
applications, notifications, communications and documents of any kind, submitted by the
Permittee to, as well as copies of all decisions, correspondence and actions by, any
Federal, State and local courts, regulatory agencies and other government bodies relating
specifically to Permittee's performance of services pursuant to this Ordinance. Any
confidential data exempt from public disclosure shall be retained in confidence by the
City and its authorized agents and shall not be made available for public inspection.
"(6) Permittee shall submit to the City such other information or reports
in such forms and at such times as the City may reasonably request or require.
"(7) All reports and records required under this or any other section
shall be furnished at the sole expense of the Permittee.
31
"D. Bonding of Permittee. Before granting a permit under the provisions of
this Ordinance, the Council shall require the permittee as a condition to the permit, to post with
the City Clerk a cash bond or surety bond payable to the City in the sum of One Million
Dollars ($1,000,000.00). Said bond shall be secured from a surety company satisfactory
to the City and on terms acceptable to the City Attorney. The bond shall be conditioned
upon the full and faithful performance by the permittee of obligations under the applicable
provisions of this Ordinance and shall be kept in full force and effect by the permittee throughout
the life of the permit and all renewals thereof. Permittee shall also deposit with the Office
of the City Clerk a cash deposit, irrevocable letter of credit, or other such document
evidencing an irrevocable case deposit payable to City, in the amount of Twenty
Thousand Dollars ($20,000.00), in the form approved by the City Attorney.
"E. Indemnification by Permittee. As a condition of the City issuing a permit,
permittee shall agree to appear and defend all actions against the City arising out of the exercise
of such permit, and shall indemnify and save the City, its officers, elected officials, employees and
agents harmless from all claims, demands, actions or causes of actions of every kind and
description, including any repair, cleanup or detoxification, or preparation and
implementation of any removal, remedial, response, closure or other plan (regardless of
whether undertaken due to governmental action) concerning any Hazardous Substance or
hazardous waste at any place where Permittee stores or disposes of municipal solid
waste , and any and all related attorneys' fees and court costs resulting directly or indirectly,
arising out of, or in any way connected with the exercise of the permit, including, but not by way
of limitation, any act or omission of any officer, employee or agent of permittee.
32
"F. Liability Insurance. Permittee shall obtain and maintain in full force and
effect throughout the entire term of the Permit, a Broad Form Comprehensive General Liability
(occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00)
aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and
property damage, with any self-insured retention not exceeding $200,000.00 per occurrence.
Said insurance shall protect Permittee and City from any claim for damages for bodily injury,
including accidental death, as well as from any claim for property damage which may arise from
operations performed pursuant to this Ordinance, whether such operations be by Permittee itself,
or by its agents, employees and/or subgrantees. Copies of the policies or endorsements
evidencing the above required insurance coverage shall be filed with the City Clerk. All of the
following endorsements are required to be made a part of the insurance policies required by this
Section:
(a) "The City, its elected officials, employees, agents, and officers, are hereby
added as insureds with respect to liability arising out of activities performed
by or on behalf of Permittee."
(b) "This policy shall be considered primary insurance as respects any other
valid and collectible insurance the City may possess including any
self-insured retention the City may have, and any other insurance the City
does possess shall be considered excess insurance and shall not contribute
with it."
(c) "This insurance shall act for each insured, as though a separate policy had
33
been written for each. This, however, will not act to increase the limit of
liability of the insuring company."
(d) "Thirty (30) days prior written notice by certified mail, return receipt
requested, shall be given to the City in the event of suspension,
cancellation, reduction in coverage or in limits or non -renewal of this
policy for whatever reason. Such notice shall be sent to the City Clerk."
The limits of such insurance coverage, and companies, shall be subject to review and approval by
the City Manager every year and may be increased at that time and match the coverage provided
by the City's own liability insurance policy. The City shall be included as a named insured on each
of the policies, or policy endorsements. All such policies shall contain at a minimum a provision
requiring a thirty -day notice (30) to be given to the City prior to cancellation, modification or
reduction of limits. The amounts of public liability insurance for bodily injury and property
damage shall be subject to review and adjustment by the Council.
"G. Permittee shall obtain and maintain in full force and effect
throughout the entire term of the permit, full workers compensation insurance in accord
with the provisions and requirements of the Labor Code of the State of California.
Endorsements that implement the required coverage shall be filed and maintained with
the City Clerk throughout the term of this Ordinance. The policy providing coverage
shall be amended to provide that the insurance shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail return receipt requested has been given to City. The policy shall also be
34
amended to waive all rights of subrogation against the City, its elected or appointed
officials, employees, agents or Permittee for losses which arise from work performed by
the named insured for the City.
"H. Permittee agrees to protect, defend (with counsel approved by
City) and indemnify City, its officers, elected officials, employees and agents against all fines
or penalties imposed by the California Integrated Waste Management Board in the event the
source reduction and recycling goals or any other requirement of AB 939 are not met by City with
respect to the Permittee' proportional share of the waste stream collected under this Ordinance.
"I. Compliance with Local and California Laws and Regulations. The
permittee must agree to perform the terms of the permit in such a manner so as to comply with all
applicable local and state laws and regulations pertaining to the collection, storage and
transportation of solid waste. The permittee shall also comply with all other ordinances and
regulations of the City and applicable laws and regulations of the County of Los Angeles and
State of California, and shall obtain and keep in force all required permits and business licenses
throughout the life of the permit and all renewals thereof.
"Section 27. Permit Provisions.
"A. Issuance or Denial of Permit. When an application has been made to the
City for a permit pursuant to this Ordinance or such standards as may be time to time adopted by
resolution of the City Council, it shall be the duty of the City Manager or his designee to consider
the matter; and he or she shall have the right to grant, condition or deny the permit request, and
such decision shall be subject to an appeal of the City Council. In granting, conditioning or
35
denying the permit request, the City Manager and the City Council may take into consideration
factors, including, but not limited to, the following:
(1) The ability of the permittee to comply with standards and requirements
enumerated in this Ordinance or such other standards as may be established by resolution of the
City Council.
(2) The ability of the permittee to comply with the equipment standards
enumerated in this Ordinance or such other standards as may be established by resolution of the
City Council.
(3) The ability of the permittee to comply with the provisions regarding
insurance or bonds enumerated in this Ordinance or such other standards as may be established by
resolution of the City Council.
(4) The ability of the permittee to cooperate, participate and consult with
City to implement programs as identified in the City's Source Reduction and Recycling
Element (SRRE).
Based on a preponderance of the evidence presented, the City Council shall make
appropriate findings of fact before determining whether the permit should be conditioned
or denied. If, based upon the record, the City Council determines that the performance
of Permittee is not in compliance with any material terms of this Ordinance or any
material provision of any applicable federal, state or local statute or regulation, the City
Council, in the exercise of its sole discretion, may deny the permit request. The
decision of the City Council shall be final and conclusive.
36
"B. Assignment or Transfer of Permit. No assignment or transfer of a permit
pursuant to this Ordinance or any right accruing under such permit shall be made in whole or in
part by the permittee without the express consent of the Council. In the event any assignment or
transfer is authorized by the Council, the assignee shall assume the liability and all other
obligations of the permittee. Each permittee shall file, on or before July I of each calendar year,
with the City Clerk, a statement of ownership and shall verify the same as being true and correct
under penalty of perjury. A permit issued under this Ordinance shall not grant the permittee rights
under California Public Resources Code Section 49520, where at the time the permit is granted
the permittee did not have a right to continue service under this section.
"C. Revocation. A permit may be revoked at the option of the Council in the
event there is a change of ownership of any kind or nature of the operating company, unless
approval therefor has been obtained in writing from the Council. If it is determined by the City
Manager that permittee has not complied with the provisions of this Ordinance, the permit, and all
other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the
permittee in writing of noncompliance and shall order compliance within thirty (30) days. If
noncompliance is not corrected within the above -prescribed thirty (30) day period, the Council,
following a public hearing upon at least ten days' written notice to the permittee, may terminate
the permit.
"Section 28. charges for Service.
"A. Collection Charge. A charge for the collection of refuse shall be imposed
on the owner or occupant of each residential or commercial units to which refuse collection
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service is made available. The charge so fixed shall be a civil debt due and owing to the City or
permittee from the owner or occupant of the residential or commercial unit to which, the
collection service is made available. The City Council hereby specifically finds and determines
that the periodic collection of refuse and rubbish from all residential and commercial units
benefits all occupants and residents of the City, provides for the health, safety and welfare of all
persons in the City and, therefore, all such occupants or owners are liable for the payment of
collection service provided for hereunder, whether or not any such owner or occupant avails
himself of such collection service.
"B. Rate Adjustments. The Permittee shall provide the City and the owner or
occupant of each residential or commercial unit that receives collection services, at least sixty (60)
days in advance of the beginning of a billing period, written notice of the implementation of
changes in any of its rates and charges which are not subject to regulation by the City. The notice
shall include a statement of the reasons for the rate increase.
(1) Permittee shall bill all customers for all services rendered, whether
regular or special services. Permittee shall provide itemized bills,
distinctly showing charges for all classifications of services,
including but not limited to the charges for late payment, redelivery
fees, charges for additional containers, and other special services
covered under this Ordinance. The Permittee shall designate that
portion of a customer's bill attributable to any fees imposed upon
by the City as a separate item on customers' bills.
(2) City may, at City's sole option, elect to bill Residential Subscribers
for refuse collection and recycling through a parcel charge. Should
the City institute.a parcel charge, Permittee shall be paid on
and for the premises served. Retroactive
adjustments shall be made on the basis of addresses of premises
added and the date added. Premises ordered after the first of the
month shall be charged on a prorated 30 day/monthly basis.
"Section 29. Right of Provision Modification. This Ordinance is intended to carry out
City's obligations to comply with the provisions of the California Integrated Waste Management
Act of 1989, ("AB 939") as it from time to time may be amended, and as implemented by
regulations of the California Integrated Waste Management Board ("Regulations"), as they from
time to time may be amended. In the event that AB 939 or other state or federal laws or
regulations enacted after this Ordinance has been enacted, prevent or preclude compliance with
one or more provisions of this Ordinance, such provisions shall be modified or suspended as may
be necessary to comply with such state or federal laws or regulations. The City specifically
retains the right to repeal, amend, add to, or modify each and every provision of this Ordinance.
"Section 30. Right to Grant Franchise. The City, subject to all applicable state laws,
specifically retains the right to grant a franchise or franchises for the collection of refuse,
recyclable and compostables materials from any residential or commercial units.
at
"Section 31. Penalty for Violation of Ordinance. It shall be unlawful for any person, firm,
partnership, or corporation to violate any provision or to fail to comply with any of the
requirements of this Ordinance. Any person, firm, partnership, or corporation violating any
provision of this Ordinance or failing to comply with any of its requirements shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding
one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or any portion thereof during which any violation of any
of the provisions of this Ordinance is committed, continued or permitted by such person, firm,
partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance.
"Section 32. Civil Remedies Available. The violation of any of the provisions of this
Ordinance shall constitute a nuisance and may be abated by the City through civil process by
means of restraining order, preliminary or permanent injunction or in any other manner provided
by law for the abatement of such nuisances.
"Section 33. Severability. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in
full force and effect."
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SECTION 3: The City Clerk shall certify to the passage of this Ordinance and shall cause
this Ordinance to be posted in three (3) public places within the City of Diamond Bar within
fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6.
ADOPTED AND APPROVED THIS DAY OF , 1994.
Mayor
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I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting of the Council of the City of
Diamond Bar held on this day of , 1994, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the day of
1994, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of Diamond Bar
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