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10/04/1994
cit'19 / e" C OU11CI W/ AGENDA Tuesday, October 4, 1994 7:00 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. 111.1 til It II 1,11: � Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper 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 F'. Weiner, Mayor Clair W. Harmony Phyllis E. PapeA Mayor Pro Tem Council o Eileen R. Ansari G. Mill Councilwoman Councilman THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. Next Resolution No. 94-47 Next Ordinance No. 03(1994) 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAXATIONS, CERTIFICATES: 2.1 Proclaiming the Week of October 9-15, 1994 as "FIRE PREVENTION WEEK." 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opport- unity 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. 4. COUNCIL COMMENTS: Items raised by individual Council - members -are for Council discussion. Direction may be given at this meeting :;Y- the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - October 10, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - October 13, 1994 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - Final General Plan Review - October 17, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - October 18, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: 6.1.1 Regular Meeting of July 5, 1994 - Approve as .Submitted. 6.1.2 Regular Meeting of July 19, 1994 - Approve as Submitted. 6.1.3 Regular Meeting of August 2, 1994 - Approve as Submitted. OCTOBER 4, 1994 PAGE 2 Requested by: City Clerk 6.2 PARKS & RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of July 28, 1994 - Receive & File. 6.2.2 Regular Meeting of August 25, 1995 - Receive & File. Requested by: Community Services Director •6.3 VOUCHER REGISTER: Approve Voucher Register dated October 4, 1994 in the amount of $543,189.01. Requested by: City Manager 6.4 TREASURER'S REPORT - Receive & File Treasurer's Report for the Month of June, 1994. Requested by: City Manager 6.5 REJECTION OF CLAIM - Filed by Emma L. Tortorici on September 8, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.6 GRADING BOND RELEASE FOR CASH BOND POSTED FOR 2920 WAGON TRAIN IN. - Dr. Praful H. Shah, desires release of cash bond posted in the amount of $21,600. The Interim City Engineer finds the Principal has performed all work as shown on the approved As -Built grading plan, on file with the City. Recommended Action: It is recommended that the City Council declare the obligations under this bond null and void and release the cash bond posted. Requested by: City Engineer 6.7 DIAMOND BAR BLVD. RECONSTRUCTION/REHABILITATION BETWEEN GRAND AVENUE AND BREA CANYON ROAD - Diamond Bar Blvd. between Grand Ave. and Brea Canyon Rd. is in need of pavement rehabilitation and/or reconstruction. On August 16, 1994 Council authorized staff to advertise for bids for the Diamond Bar Blvd. Reconstruction/ Rehabilitation Project. At this time, the City proposes to award a construction contract to the lowest responsible bidder. Recommended Action: It is recommended that the Council award a construction contract to Griffith Company in an amount not -to -exceed $1,064,666.05, authorize up to $15,000 for construction inspection services to Dewan, OCTOBER 4, 1994 PAGE 3 Lundin & Associates, and provide a contingency amount of $100,000 for project change orders to be approved by the City Manager, for a total authorization amount of $1,179,666.05. Requested by: City Engineer 6.8 AWARD OF CONTRACTS FOR MINUTE SECRETARY SERVICE - The City has utilized the services of a contract secretary to transcribe minutes for City Council, Planning Commission, Parks & Recreation Commission, Traffic & Transportation and General Advisory Committee Meetings. These services allow clerical staff more opportunities to effectively handle contact with the public, answer phones, complete agendas, post notices, complete mailings for hearings, and other duties as required. It has been proven that it is more cost efficient and effective to utilize the services of an outside Minute Secretary than to have City staff prepare minutes. On August 1, 1994, staff prepared and mailed five (5) Request for Proposals for the services of a Minute Secretary - four persons responded. Recommended Action: It is recommended that the City Council authorize the City Manager to enter into an agreement with Geiger Professional Services for Minute Secretary service for City Council and Planning Commission meetings for a total of $16,000; and enter into an agreement with Carol Dennis for Parks & Recreation and Traffic & Transportation Commission meetings for $4,000 for the period of October 1, 1994 to June 30, 1995, with a one-year renewal option for the City. It is also recommended that the City Council allocate an additional $1,000 to cover extra services. Requested by: City Manager 6.9 JOINT USE AGREEMENT WITH POMONA UNIFIED SCHOOL DISTRICT - The POMONA Unified School District has forwarded a proposed Joint Use Agreement for use of school district facilities for recreation programs. The School District approved the agreement at its August 16, 1994 meeting. The Agreement went before the Parks & Recreation Commission on September 22, 1994 and has been recommended for approval by the City Council. A similar agreement with the Walnut Unified School District was approved by the City Council on July 7, 1992. Recommended Action: It is recommended that the City Council approve the Joint Use Agreement with the POMONA Unified School District and authorize the City Manager to sign the Agreement. Requested by: Community Services Director OCTOBER 4, 1994 7. 8. PUBLIC HEARINGS: PAGE 4 7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING AN EXTENSION OF TIME, PURSUANT TO SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE, FOR THE ADOPTION OF A CITY GENERAL PLAN - The California Government Code requires new cities to adopt a General Plan within 30 months following incorporation. The State Office of Planning and Research has previously granted the City extensions of time to prepare the General Plan and may grant the City an extension of time to prepare the 1994 General Plan upon receipt of an application with findings supporting the request. The extension of time would permit the City to continue to review and approve specified development projects where there is little or no probability that the action would be consistent with the contemplated General Plan. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX and direct staff to forward an application for an extension of time to the State Office of Planning and Research. Requested by: Community Development Director OLD BUSINESS: 8.1 DISCUSSION RE RESOLUTION NO. 94-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RE: NO LEGAL DEFENSE OF COUNCIL MEMBERS. Continued from September 20, 1994. Requested by: City Council 8.2 RESOLUTION NO. 91-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION. Continued from September 20, 1994. Among the items to be discussed, the order of agenda items, the time of beginning regular Council meetings, use of City stationery, use of City insignia, use of City programs and activities, and other matters related to City Council relationships. Requested by: City Council 8.3 CITY COUNCIL SUB -COMMITTEES - Discussion regarding policy analysis and formulation and interagency liaison, through on-going, subject matter Council Sub -Committees or through case-by-case ad hoc Council Sub -Committee assignments. Recommended Action: It is recommended that the City Council dissolve the present on-going, subject matter of Council Sub -Committees, with the sole exception of the OCTOBER 4, 1994 PAGE 5 Council Finance Sub -Committee. In the alternative, it is recommended that the City Council hereinafter appoint Council Sub -Committees on a case-by-case basis, when the Council determines that the appointment of an ad hoc sub- committee is appropriate. Requested by: City Council 8.4 (A) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FOR THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF 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 ASSOCIATED WITH THE DEVELOPMENT OF VESTING TENTATIVE TRACT MAP NO. 32400, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. (B) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 32400, TO DEVELOP A 91 UNIT SUBDIVISION, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. (APPLICANT-,ARCIERO & SONS) - Continued from September 20, 1994. On July 5, 1994, the Council approved the applicants 91 unit project, in concept and directed the preparation of environmental findings, project conditions and appropriate resolutions for subsequent review and final action. Recommended Action: It is recommended that the City Council adopt Resolution Nos. 94 -XX and 94 -XX approving Vesting Tentative Tract No. 32400. Requested by: Community Development Director 8.5 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT NO. 92- 12, AND OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: SASAK CORPORATION) - Continued from September 20, 1994. The applicant requests approval of a 21 single-family residential development proposed on 6.7 acres located adjacent to Morning Sun Dr. The applicant requests a continuance to October 18, 1994. Recommended Action: It is recommended that the City Council continue this project to October 18, 1994. Requested by: Community Development Director OCTOBER 4, 1994 PAGE 6 9. NEW BUSINESS: 9.1 AWARD OF CONTRACT FOR ENVIRONMENTAL SERVICES FOR VESTING TENTATIVE TRACT MAP NO. 47850 - In November, 1992, the City denied Vesting Tentative Tract Map No. 47850. Subsequent to litigation by the applicant, Diamond Bar Associates, and in accordance with the terms of a "Settlement Agreement" the City has agreed to reconsider the proposed 57 -unit single family residential development. As part of the review, the previously prepared Environmental Impact Report must be augmented. Proposals were solicited from eight experienced environmental consulting firms. Four proposals were submitted for consideration. Recommended Action: It is recommended that the City enter into a Professional Services Agreement with Michael Brandman Associates to provide environmental services for VTM 47850 in the amount of $34,000. Requested by: Community Services Director 10. ANNOUNCEMENTS: 11. ADJOURNMENT: (--j VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL '�" •�� sir', � � : "� �...� ,�_ TO: CITY CLERK FROM:`� j7 C �.�%tfS'S L- ��i� DATE: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: PHONE: P -"- 7C 74 1 expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name/and address �a-s�written � above. Sign re VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CATTY CLERK FROM: 1 l �Cl �` 4 s► k C�4 DATE: ADDRESS: 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 FROM: I. %-- y 0-�y� h c Q \ DATE: J ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: �,\z\ vkk \A U,4, � + I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLE/RK FROM: r'i✓i /Dur G. Sh. ,7DATE: ADDRESS: PHONE: -%'�%�1 ORGANIZATION: AGENDA #/SUBJECT: • 1 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 W FROM: i -z/Ur" .5.,� i ' f/j DATE: p ADDRESS: / oc3 d %,, ,/i PHONE: d 4-/ - is 7kZ- ORGANIZATION: AGENDA #/SUBJECT: expect to to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. (A,J Signature C� TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK AGENDA #/SUBJECT: ;;'f 3 i -)y73 kc- (E -C, M M e t` - DATE: c PHONE: 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 ri TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY'CLERK i DATE: , HONE:, (L AGENDA #/SUBJECT:Z' { CC expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. i �r Signature VOLUNTARY REQUEST TO ADDRESS CITY COUNCIL ,- TO: CITY CLERK FROM: W /,6 "J % (T . �•f'!/ �� DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: 7 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. CORRECTED PAGE MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 2, 1994 1. CALL TO ORDER: Mayor Werner called the meeting to order at 7:04 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: Council Members Ansari and Papen, Mayor Pro Tem Harmony and Mayor Werner. C/Miller arrived at 7:48 p.m. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director; and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES - 2.1 PROCLAIMED AUGUST 1 - 7, 1994 AS "BREASTFEEDING WEEK." 3. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., expressed anger at the Library and Walnut Unified School District wanting more funding. He also expressed anger over Mello Roos assessments for the Library. Oscar Law, 21511 Pathfinder Rd., reiterated his concerns over the work needed to be done at Heritage Park for the senior community. He stated that City -on -Line should be shut down completely because it is not being used wisely. C/Papen responded that the City received a grant from the AQMD to improve air quality by cutting down on vehicle trips to City Hall This grant money was used for all expenses for city -on -Line and no tax dollars have been used for this Rgrpose. Wilbur Smith, 21630 Fairwind Ln., commented on Tract 47851 and the advice the City Attorney had for Council. He also commented on the difficulties of getting information from the City Engineer's office regarding tracts being developed. He asked why the City charges $0.25 a page for copies. Martha Bruske, 600 S. Great Bend Dr., displayed a picture of Heritage Park's storage building with lots of trash and the maintenance company's truck being parked there. She questioned whether or not the City has any liability for the truck. Colleen Garcia, 849 Windwood Dr., spoke regarding the parking of trucks on Brea Canyon Rd. behind her house. She agreed with the City and wants to see "No parking" there. JULY 5, 1994 8. 91 PAGE 9 CORRECTED PAGE C/Miller moved, C/Ansari seconded to approve a contract with Thomas, Bigbie & Smith for auditing services for FY 1993-94 for the last and final year with reservations and directing that the Finance Committee's concerns be transmitted to the auditor. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, M/Werner NOES: COUNCIL MEMBERS - Papen, MPT/Harmony ABSENT: COUNCIL MEMBERS - None PUBLIC HEARINGS: None OLD BUSINESS: 9.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT TENTATIVE 92-8; AND TRACT MAP OAK TREE PERMIT NO. 92-8; VESTING TE 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 - Due to a potential conflict of interest, C/Miller removed himself from the meeting. CDD/DeStefano reported that correspondence had been received from Mr. Patel, TTM 51253, supporting the Planning Commission's recommended 21 -lot map and related applications. He further reported that a letter had been received from Mr. Dabney requesting a continuance for the RNP project, TTM 51407 until the next meeting. Staff has outlined requirements for the environmental findings including a Statement of Overriding Considerations and adoption of a Mitigation and Monitoring Plan, as well as findings regarding the General Plan, abandonment of open space easements, approval of a subdivision map, condi- tional use permit findings for the hillside development, oak tree removal findings for that application and find- ings of the County Code for approval of the Development Agreement. M/Werner clarified that Map A is VTM 51407, VTM 32400 and VTM 51253 was recommended for approval by the Planning Commission. He advised that staff reports that Map B, Alternative 1, refers to the RnP map and that Alternative 2 is the Arciero tract map. Mr. Arciero advised that he had met with CDD/DeStefano and the Pathfinder Homeowners' Assn. to discuss their concerns. The consensus of the homeowners indicated that they did not want any development on the RnP property but that Arciero would be allowed to develop the entire prop- erty, even if it meant filling in the canyon on the JULY 19, 1994 approved. MPT/Harmony and if the signing. PAGE 12 CORRECTED PAGE asked if they use traffic conofficers church has any objection in paying the CM/Belanger advised that traffic control officers front of the are not used and staff feels the safety issues church are great. If the Council adopts the Resolution, retaining at least two then the Council should require sheriff officers to provide traffic control. Monsignor Lackman, Pastor of St. Denis, stated that he represented 450 families in his church and tfor the his congregation would have no problem in paying sheriff officers. In response to C/Miller's question, CM/Belanger advised that Calvary Chapel has sheriff services for about $20,000 yearly. C/Papen stated that members of the congregation can be and sworn officers volunteering their time forparking seemed directing and that a 6 -month trial period reasonable to her. She further indicated 2 at she for doesn't have a problem with the City spending $2,000 a sign change and sheriff control on holidays. Martha Bruske advised that she is not in favor of parking on Diamond Bar Blvd. because of the bicycle lane. Jack Gutowski, 1866 Kiowa Crest, suggested that the Senior Patrol provide traffic control and limit the costs for these churches. C/Miller moved, C/Ansari seconded to adopt Resolution No. 94-36 entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PERMITTING PARKING ON SUNDAYS ALONG SOUTHBOUND DIAMOND BAR BOULEVARD BETWEEN ACACIA HILL ROAD AND MORNING CANYON ROAD, and den in the two -Year restriction reco ended b the Traffic & T thesfollowing Commission. Motion carried unanimously by Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner None None 9.5 DISCUSSION RE: INVITATION FROM MAYOR OF HAICHENG CITY, LIAONING PROVINCE, CHINA, FOR A DELEGATION FROM THE CITY OF DIAMOND BAR TO ATTEND THE THIRD INTERNATIONAL FOLK ARTS FESTIVAL - M/Werner reported that the festival is scheduled for August 26, 1994 and asked if the Council '`(. .G- i CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HERITAGE COMMUNITY CENTER JULY 28, 1994 CALL TO ORDER Chairman Goldenberg called the meeting to order at 7:15 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Goldenberg. ROLL CALL Present: Chairman Goldenberg, Commissioners Schey and Tye Staff: Community Services Director Bob Rose Recreation Supervisor Marla Pearlman Administrative Assistant Sandy Barlow Absent: Vice Chairman Ruzicka, Commissioner Medina MATTERS FROM THE AUDIENCE Resident Sara Mitchell was introduced and welcomed. MINUTES 1. Minutes of June 27, 1994. Moved by C/Schey, seconded by C/Tye and carried unanimously to approve the minutes of the above date with the following correction: The date of May 26, 1994 shown on the heading of pages 2 through 10 be changed to.reflect June 27, 1994. July 28, 1994 NEW BUSINESS 2. Priorities Matrix Page 2 CSD/Rose reported that staff received a letter dated July 1, 1994 from Resident Sara Mitchell (24283 E. Seagreen Dr.(R/Mitchell)) requesting that a tennis court be installed at Peterson Park. A preliminary investigation was conducted by Staff, and it was determined that the 60' x 120' area on the northwest corner of the park which was originally listed as a possible basketball court on the master plan would not be. suitable for tennis due to the east/west orientation. However, the 120'x 120' grass area in the northeast portion of the park would accommodate two tennis courts. Due to the slope in that area an engineering report would be required prior to any recommendation for actual construction. CSD/Rose referred to the City of Diamond Bar's Revised Park Standards which state that one tennis court is recommended for every 2,000 residents, indicating the need for 12 additional tennis courts in Diamond Bar. At this time, two tennis courts are included in the conceptual Pantera Park Master Plan. Mr. Rose indicated that Peterson Park has ample space for tennis courts -and staff would recommend that the Commission add the installation of two tennis courts at Peterson Park to the Priority Matrix as a possible future project. Chair/Goldenberg asked what the impact on other activities would be. CSD/Rose replied it would not interfere with the tworprimary baseball diamonds. During girls softball season, a T -ball field is currently set up in the northeast portion of the park. In the past, the T -ball field 'was set up in the northwest side and was then moved to the northeast location. The T=ball field could be moved back to the northwest location. Chair/Goldenberg stated this project could be costly as a result of the engineering problems associated with the slope area. C/Tye asked why that particular location was selected. CSD/Rose replied that the radius required for a baseball field for adult play is such that the northeast location is the only place that would not infringe upon the baseball and soccer fields. C/Schey stated that the 120' x 120' space would allow for the development of two tennis courts. If only one court is built, it may reduce the infringement on the slope areas. He suggested possibly expanding the tennis facilities at Maple July 28, 1894 Hill Park at some point. Page 3 R/Mitchell commented that the park appears to be geared towards adults and used primarily for baseball. T -ball must be set up in a separate location in order for the children to play. The children in north Diamond Bar need a park geared for children's activities. C/Schey commented that it is a difficult situation no matter what you do. Peterson Park is used not only by adult softball but by girls softball almost year round. This creates a balancing act in that if we ignore the baseball, then the baseball players say there are more of us than tennis and basketball players. The goal is to try to create more facilities rather than decrease facilities. The Commission meets with the user groups regularly to discuss their needs, and does the best they can with the limited resources available. Chair/Goldenberg commented that the use of a tennis court is limited to two possibly four maximum; whereas,. a softball team .has more participants. He suggested that possibly there could be one tennis court and one basketball court, and questioned if a tennis court could also be used as a basketball court. CSD/Rose replied he would not recommend it. R/Mitchell thanked the commission for their time. C/Schey moved to include the development of a two -tennis -court facility in the northeast section of Peterson Park in the Priorities Matrix, subject to budget restraints. The motion was seconded by C/Tye. R/Mitchell asked what the cost to build a tennis court would be. Chair/Goldenberg stated $25,000 per court without lighting. C/Schey stated $100,000 for two courts with lights. R/Mitchell pointed out that gardening costs and maintenance for the park would be less. Chair/Goldenberg explained that the Priorities Matrix includes a lot of projects that must be approved by the City Council. The Council approves projects based on budget constraints and recommendations from the Commission. Chair/Goldenberg commented that there are plans for two tennis courts at Pantera Park. July 28, 1994 Page 4 C/Tye asked if the tennis courts at the schools are factored into the standards. CSD/Rose replied they are not 3. Proposed Community Recreation Agreement with Walnut Valley Unified School District regarding Paul C. Grow Park CSD/Rose reported that when Paul C. Grow Park was developed, it was done under a joint agreement between the Walnut Valley Unified School District and the County of Los Angeles for a 25 -year period of time. When the City of Diamond Bar incorporated in 1989, one of the acts by Los Angeles County that followed was the termination of that agreement. There has been no formal agreement between the City and the Walnut Valley Unified School District for the existence of Paul C. Grow Park. When staff discovered that there was no agreement a year ago, staff requested that the School District propose an agreement. There are several parts of the agreement still being reviewed: by the School District staff and may be revised. Items being reviewed include: Item 1 on page 3, wherein it states that the School District will pay for water to the park, the cost of which is about $12,000 per year. When the Walnut Valley Unified School District discovered they were not currently paying for water, they indicated that they would have to review that provision of the agreement. 11 Item 10 on page 4, allows the Walnut Valley Unified School District to use the park site as a staging area for construction of the permanent school. The City has requested that wording be added to the agreement which protects the City from damage to park improvements during construction of the permanent school. CSD/Rose requested input from the Commissioners on the content of the proposal. C/Tye asked if the park would become part of the school when the permanent school is constructed. July 28, 1994 Page 5 CSD/Rose replied that it will remain as a park. C/Schey suggested that a year termination clause be included in the agreement. C/Tye asked if improvements have been made and what are our options. CSD/Rose stated that improvements have been made including: irrigation, parking, and the ballfields. CSD/Rose added that the Walnut Valley Unified School district has the option of taking over the entire site. Chair/Goldenberg asked if any information on the ball wall has been received. CSD/Rose stated that the Walnut Valley Unified School District architect is sending a site plan for the City's review. If fund raising efforts fall short, they expect the School District to make up the difference. C/Schey questioned if paragraph 11 refers to the restoration of the park. CSD/Rose stated that it is a liability clause. C/Schey stated that they should be more specific on restoration and termination and asked if there is a schedule for construction at this time. CSD/Rose replied. no, but there is a. budget. Chair/Goldenberg would like to see the proposal back as an agenda item after the changes have been made and before it goes to the City Council. 4. Proposed Park Reservation Policy Revision CSD/Rose stated there are several issues to be addressed concerning Park Reservation Policies and proposed revisions. CSD/Rose would like to discuss the current policy with the Commission, develop a policy and then submit the policy, if approved by the Commission, to City Council for adoption. Six months would be the earliest time line for submission. The Park Reservation Policy has become an issue due to the degree of staff discretion built into the existing policy. The goal is to try to eliminate as much staff discretion as possible to make it more of a permit process. As long as conditions are met, a permit would be issued based on an objective process rather than the subjective process now in place. July 28, 1994 Page 6 Another issue developed due to complaints received from the L.A. County Sheriff's regarding conflicts among users. They are requesting that the system be formalized through the use of a bulletin board posted near the rest rooms and signage at each reservable site. Further, staff believes that there is a need to incorporate a cost recovery system for operating the Park Reservation Program. The City is currently paying the City of Brea $9,000 per year for staffing services. An additional sum of approximately $1,000 would be needed for signage costs. There are currently approximately 500 reservations each year for the use of Diamond Bar parks. A $20 reservation fee would generate an amount sufficient to recoup the costs associated with a reservation system. An alternative funding source would be Quimby funds or Proposition A Funds, which could be used to cover the cost of capital expenditures but cannot be used to pay staffing costs. Staff conducted a survey for the neighboring cities of Chino and Chino Hills. The City of China charges 430 to $105 for four hours depending on the size of the group The City of Chino Hills offers residents three hours free, and $25 per hour for additional time. Non-residents pay $25 per hour (No free time). C/Tye questioned if the purpose of the fee is to cover the maintenance or to operate the reservation system. If the fees are used for maintenance, why would the first three hours be free as the facilities still have to be maintained. CSD/Rose replied that the philosophy used is that three hours is an average use, and their goal may be to only recoup a percentage of the total cost to serve residents. AA/Barlow commented that a three hour rental allows for three blocks of rentals per day. The residents may use the park for free, but the non resident who uses another block of time pays for the use .of the site. C/Schey feels the reservation process is excellent but the park facilities will be used with or without reservations and feels the courteous person who makes a reservation is bearing the cost of the maintenance. He suggested possibly using a sliding scale fee for small, medium, and large groups. C/Tye stated that residents should not be charged and non-residents should be charged. In addition he asked what the percentage of resident to non-resident users. July 28, 1994 Page 7 CSD/Rose replied that statistics could be compiled. Chair/Goldenberg questioned how the signage would be enforced. CSD/Rose stated that the goal is to provide better service without paying staff to be on site during the weekend. The reservations would be posted on the bulletin board weekly and the reserving party would also be required to post a sign on the reserved facility. The Sheriff's Department would continue to enforce the reservation policies. C/Schey questioned the once -a -week posting. CSD/Rose suggested charging a late fee, for people requesting use of an area after reservations were posted. C/Schey stated that a permanent sign indicating availability could also be posted. CSD/Rose agreed and further stated that at each available -location a sign directing them to the bulletin board could be included. C/Schey stated that the residents are already paying a fee for maintenance of the facilities and non-residents are not. C/Tye suggested a flat fee per function based on the number in the party. Chair/Goldenberg questioned fees to charity and church groups. CSD/Rose replied that some facilities would be available free once a year excluding staff and insurance costs. He further stated that the subject will be brought before the Commission again with a more detailed plan incorporating the input received during the meeting. The Commission can get public input prior to submitting to the City Council, who will hold a public hearing on the matter. Chair/Goldenberg asked for clarification on item 2 in the memo dated July 26, 1994. CSD/Rose replied that program staff have a certain level of authority. Requests that go beyond their authority must be forwarded to administrative staff for consideration. He further stated that the item should say "will require special conditions" in place of "will not be approved." r July 28, 1994 Page 8 Chair/Goldenberg asked for comments from the audience in regards to the fee schedule. R/Mitchell stated that the $20 fee for residents is fair and three hours is a reasonable time period. She also asked if a fee for the athletic facilities was included. CSD/Rose replied there would be no fee for use of the athletic facilities. C/Schey stated that athletic fields are currently utilized on a reserved basis. C/Tye questioned item 1 of the memo of July 26, 1994 regarding the formula. CSD/Rose stated that 80% of the parking spaces would be allocated to reservations, leaving 20% for additional users of the park. The three people per car formula was taken from the Park Planning Guidelines, which shows that the number of persons traveling in the same car varies depending upon the time of year. R/Mitchell stated that the formula would not work at Peterson Park because all the parking spaces are taken by users of the athletic facilities. Chair/Goldenberg questioned if the permit would be issued for the full day or a portion of the day. CSD/Rose stated the intent is one per day but can be broken down into a block of time. 11 C/Schey suggested that the party making the reservation determine the number of hours they need the space. Depending on their reservation, the park could be reserved by a second party. CSD/Rose stated that the reservations would be scheduled one hour apart to allow for departure and arrival. C/Tye asked how many complaints we had received from the L.A. County Sheriff's this year. CSD/Rose replied that the flow of complaints is constant. Each year the sheriffs stop in and ask if something can be done about the situation. Chair/Goldenberg asked when the subject would be brought back to the July 28, 1994 Commission. Page 9 CSD/Rose replied that the Commission would be able to review the proposed policy at the next meeting. INFORMATIONAL ITEMS 6. Recreation Program Up -date RS/Pearlman reported that Summer contract classes are still available for participant registrations. The summer session will continue through the end of August, with the second half of some class sessions scheduled to begin in early August. Registration for one day workshops which will be held early in August are also being accepted. Revenue for the Summer Contract Class programs is about $41,000 with registrations still coming in. The most popular classes are Tunes For Tots, Calligraphy, Soccer Camp, Bumper Bowling, and Tennis. Youth Baseball The program is currently underway and will continue through August 19. Picture Day has been completed. with a makeup day yet t() be scheduled. Participation trophies and plaques for the coaches are now being ordered.. Adult Athletics The Basketball League is being held on Sundays. The program will not meet for one week while the floor of the gym is being re -surfaced. Adult Softball is at their mid-season point and is scheduled to end on August 1. C/Tye asked why the revenue is down from last year. RS/Pearlman replied that staff has been completely out of brochures since May 1 st and have lost that method of marketing. In addition, some registrations have not yet been input into the computer. July 28, 1994 Page 10 CSD/Rose asked if $48,000 was the final summer revenue figure last year. RS/Pearlman replied that there may have been additional revenue from the second session that was not reported while she was on maternity leave. The report was written on July 22 of last year. C/Schey asked how the participation levels this year compared to last year. RS/Pearlman replied that it is about the same. The Ponies on Parade class only takes ten children and filled up quickly with a large waiting list, so a second class was added. The participation and the money should equal out when the final summer registrations are input. CSD/Rose asked which summer programs were included in the revenue figure. RS/Pearlman stated that only contract classes are included in the revenue figure. ANNOUNCEMENTS C/Tye congratulated Staff on the Concerts in the Park at Sycamore Canyon Park and banners along the streets. C/Schey reported that baseball is running smoothly this year. The problems from last year are pretty well resolved.. The fields are in good shape. C/Schey stated the sprinklers along city streets appaar to .have been re -timed to a later time frame. Chair/Goldenberg thanked staff and Mr. Rose for the success of the Concerts in the Park. Chair/Goldenberg further stated that Rule No. 6 should be moved to Rule No. 1 regarding tennis court use, which states that a court cannot be held while waiting for the rest of the party to arrive. C/Schey asked if the tennis courts at Diamond Bar High School are available for public use. CSD/Rose replied that Diamond Bar High School offered the City the use of the High School courts for a fee of 825,000 per year to cover the cost of cleanup and annual resurfacing. July 28, 1994 Page 11 CSD/Rose reported that Accurate Landscape has arranged to bring in 15 tons of mound clay to Paul C. Grow Park to mix in with existing brick dust to resolve the problem at no charge to the City. This hopefully will eliminate the need for continued extra watering. CSD/Rose further reported that the drinking fountain closest to the outside restroom at Heritage Park will become operational by the end of next month. ADJOURNMENT Moved by Chair/Goldenberg and second by C/Tye and carried unanimously to adjourn the meeting at 8:45 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Mike Goldenberg Mike Goldenberg Chairman 1":�7..G `- CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HERITAGE COMMUNITY CENTER AUGUST 25, 1994 CALL TO ORDER Chairman Goldenberg called the meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Goldenberg. ROLL CALL Present: Chairman Goldenberg, Vice Chairman Ruzicka Commissioners Medina and Tye Staff: Community Services Director Bob Rose Recreation Supervisor Marla Pearlman Administrative Assistant Sandy Barlow Absent: Commissioner Schey MATTERS FROM THE AUDIENCE Ryan Wright and John McKitrick were present. MINUTES 1. Minutes of July 28, 1994. Due to a lack of a quorum, approval from the minutes of the July 28, 1994 meeting was held over to the next meeting. PRESENTATION 2. A Certificate of Appreciation and a City of Diamond Bar pin were presented to Ryan Wright for his volunteer work as an umpire in the August 25, 1994 Page 2 1994 Summer Youth Baseball Program by Chair/Goldenberg. A $200 savings bond was presented to Ryan Wright by John McKitrick, President of the Heritage Park Recreation Council. OLD BUSINESS 911 Proposed Park Reservation Policy Revision. CSD/Rose responded to the Commission's request from the meeting of July 28, 1994 for additional information on the proposed Park Reservation Policy Revision. The requested information is as follows: A. Total number of picnic reservations in 1993/94: 260 B. Residents: 183 (70%) Non-residents: 77 (30%) C. Total picnickers served: 13,655 D. Average number of picnickers per reservation: 52 E. Average length of reservation: 6 hours CSD/Rose restated that the cost for conducting the picnic reservation program is approximately $10,000 per year, which includes $9,000 for the cost of operation plus an additional $1,000 for capital expenses. Based on the Commission's input and the need to recover the costs of the picnic reservation program, Staff proposed the following two-tier program: A. The fee for residents would be $15 per three-hour reservation and $5 for each additional hour thereafter. B. The fee for non-residents would be $30 per three-hour reservation and $10 for each additional hour thereafter. The estimated revenue based on two three-hour blocks of time would be as follows: $15 per 3 hours X 2 blocks of time per use X 183 -=5,590 $30 per 3 hours X 2 blocks of time per use X 77 =4.620 $10,110 CSD/Rose directed the Commission's attention to item 1(b) of the proposed policy regarding the regular use of park facilities by state August 25, 1994 Page 3 licensed child care providers. These providers are competing for the same facilities as those who obtain permits. Since these are profit- making businesses, Staff suggests that they be required to obtain a reservation and pay the fee. CSD/Rose further explained items 1(h) &1(i) which list the number of available picnic areas and picnic shelters at each park. The maximum occupancy figure refers to the 80% maximum occupancy for each park. Any group larger than the maximum occupancy limit would need to apply for a variance 45 -days in advance of their event. CSD/Rose indicated that the Sheriff's Department will be asked to participate in public workshops and Council meetings pertaining to the Reservation Policy because they are the enforcing body. CSD/Rose will also be requesting statistics and costs associated with the enforcement of reservations from a law enforcement perspective. Staff recommended that the Commission review and comment on the proposed changes to Section II(A)(1) of the Park, Athletic Facilities Reservations- document and also review and comment on the revision of the fees and charges for park reservations, including a $10 late fee. - In addition the Commission may want to request Staff to schedule a public workshop inviting facility users as well as child care providers listed in the Diamond Bar area. Chair/Goldenberg asked about a section pertaining to cancellations and cancellation fees. VC/Ruzicka stated that he was asked by residents, who are already paying taxes that are applied to the parks, if other cities are charging for reservations. He asked if staff has looked into that aspect. Chair/Goldenberg referred VC/Ruzicka to the minutes of last meeting. CSD/Rose indicated that a more thorough survey will be performed, but staff performed an impromptu survey and the results were as follows: A. Chino Hills residents are not charged for the first three hours of use but are charged $25 for each hour thereafter. The non-resident rate is August 25, 1994 Page 4 $25 per hour from the beginning. B. City of Chino residents are charged $30 for the first four hours of use and an additional $7 per hour thereafter for groups of 50 or less. The fees increase for larger groups. C/Medina stated that Bonelli Park and others charge for parking. He suggested that the "fee" be changed to a "contribution" or a "donation." Chair/Goldenberg commented that the City is not , allowed to ask for contributions or donations. CSD/Rose commented that requesting a "donation" is not considered an appropriate act by a government agency. Chair/Goldenberg stated that the City is attempting to recover the administrative expenses of making sure those individuals who reserve a picnic area get what they arranged for. The cost of maintaining an efficient system is to charge a fee. C/Tye described the fee as a user's fee and added two concerns he had with the proposed policy: 1) Charging residents a fee for use of the parks; 2) Staff may be getting into a bureaucratic and administrative nightmare. He questioned the statistics regarding 93-94, whether that is a two-year period. 1 CSD/Rose replied that it is a one-year fiscal period, July list through June 30th. C/Tye asked staff, of the 260 reservations that were made last year how many times did the Sheriff's Department respond to a complaint? CSD/Rose replied that staff did not have the figures at this time. C/Tye questioned whether a 5 or 10 percent response figure would be enough to implement the new system. CSD/Rose indicated that the Sheriff's authority is driven by County Code which was adopted by the City when it incorporated. Under the County August 25, 1994 Page 5 Code, the City of Diamond Bar has the authority to issue permits, post signs and the Sheriff's Department has the authority to enforce those signs. It is the position of staff that when a person has a permit or a reservation, they must display the permit in the area. That permit, when displayed, is enforceable by the Los Angeles County Sheriff's Department. If the permit is not displayed when the Sheriff arrives and there is a dispute, the Sheriff has no means to verify the use. If there is signage stating that the premises are used by permit, then they would have means to enforce the ordinance. C/Tye gave the example of two parties without reservations attempting to use the same shelter. The Sheriff Deputy arrives, but he cannot choose between the two groups. The proposed permit system would provide the Sheriff with some recourse. CSD/Rose agreed with C/Tye's example. He further explained that when staff initially decided to bring a policy revision to the Commission the first question asked was, do we need a reservation system, or do we make it first come, first serve. In situations like C/Tye's a permit system is more efficient and better organized than a free for all. The current reservation system has worked well, however, it can 'be improved. Staff also realized that in today's economy, the need to avoid a subsidized program is a reality and that is where the recommendation for a fee came into play. In addition the revision would remove some of the subjectivity of the current system. VC/Ruzicka added that if other cities are charging a fee and it is verified through a more thorough study, he recommends the same structure. Chair/Goldenberg commented that L.A. County Parks has a proposal to charge fees for the use of their facilities. He referred to the poll of the audience conducted at the last meeting which indicated that the $20 fee was fair and that three hours was a reasonable time period. C/Medina questioned how the enforcement of time would be handled if someone goes over their time. Chair/Goldenberg commented that unless someone is coming in after their August 25, 1994 Page 6 allotted time, there is no need for enforcement. C/Tye indicated that the fee is not for the use of the park but for the reservation and does not feel that it is unfair. Chair/Goldenberg added that the City of Diamond Bar cannot absorb the cost. C/Tye questioned whether there is a system now. CSD/Rose replied that the current system is now handled through the Brea Recreation staff. A permit is issued and users are asked to post them on site. When that is not done, altercations often break out. VC/Ruzicka stated that Staff should be removed from the ultimate decision. The question is, are other cities charging a fee; and if so, are the fees commensurate. CSD/Rose stated that a lot of stock was put into the request which began with the Sheriff's Department. Staff -has initiated a revision and is now asking the Commission to support the revision. At this point, it might be helpful to invite the Sheriff's Department to come to the meeting to discuss reservations from their perspective. Chair/Goldenberg asked for any comments,,or suggestions. C/Medina again suggested asking for a donation rather than a fee. Chair/Goldenberg questioned the legality of asking for a donation. C/Tye asked, if a donation is not made, what has been accomplished. VC/Ruzicka commented that a donation must be volunteered and not solicited. C/Tye questioned if the City of Diamond Bar is paying the City of Brea $9,000 specifically for the reservations. CSD/Rose replied that a reservation process was added to the contract this year and $9,000 was added for part-time staff to compensate for August 25, 1994 Page 7 it. It is not itemized in the contract as being a specific cost for reservations. Staff is recommending that the City of Brea continue to handle reservations and that the fee would be charged to recover the cost. RS/Pearlman gave an example of a time-consuming reservation which required numerous phone calls, finding a location to accommodate the size of the party and verifying insurance. C/Tye reconfirmed that Staff is simply looking for a system to recover the cost of the reservation program. CSD/Rose agreed. He further stated that studies reveal the more organized something is, the more people will feel comfortable using it. Chair/Goldenberg moved to table the acceptance of the proposal and requested that Staff ask the Sheriff's Department to make a presentation to provide additional information to the Commission and to, assist in their formulation of a recommendation to the City Council. C/Tye again stated the cancellation policy should be included in the proposal. RS/Pearlman gave an example of a phone call she made that resulted in a cancellation :hat would not have begn known about had she not called. VC/Ruzicka restated the motion to table the issue and request the Sheriff's input as well as the addition of the cancellation clause. Chair/Goldenberg asked for comments from the audience. Mr. McKitrick agreed with the discussion. Motion moved by Chair/Goldenberg, seconded by C/Medina and carried unanimously. Chair/Goldenberg excused C/Medina who exited the meeting. August 25, 1994 Page 8 NEW BUSINESS 4. Chair/Goldenberg announced that last year John McKitrick, a volunteer in the summer youth baseball program and President of the Heritage Park Recreation Council, was awarded a Certificate of Appreciation by the Parks and Recreation Commission for his contributions to the community. This year Mr. McKitrick was instrumental in obtaining a grant from the Amateur Athletic Foundation in the amount of $3,000. The grant monies purchased safety equipment used for the summer youth baseball- program. In recognition of Mr. McKitrick's continued service to the community, John McKitrick is deserving of a Commendation from the City Council. CSD/Rose stated that John McKitrick is scheduled to ' receive a commendation from the City Council for his efforts in the community at the September 20,, 1994 City Council meeting. 'He asked for a recommendation from the Commission. Chair/Goldenberg moved that the Commission recommend that the City Council present John McKitrick with a Commendation, seconded by C/Tye and carried unanimously. Chair/Goldenberg presented John McKitrick with a City of Diamond Bar pin in. appreciation of his continued support, of the summer youth baseball program. 5. Concerts in the Park AA/Barlow reported that the final concert of the 1994 Concert in the Park Series was August 17. At the final concert 800 programs containing evaluation cards were passed out. Participants returned 236 cards which rated the concerts an 8.54 average on a scale of 1 to 10, 10 being best. AA/Barlow reviewed several of the comments listed on the evaluations and asked for any additional questions or comments the Commission might have. VC/Ruzicka commented that there should have been one more concert. Chair/Goldenberg commented that there seemed to be more people bringing in their own food and suggested that picnic baskets be sold by August 25, 1994 Page 9 the service organizations as opposed to the concessions that were offered. VC/Ruzicka stated that Hollywood Bowl patrons bring in their own food. Chair/Goldenberg asked why there were two different ice cream concessions. CSD/Rose explained that there is a formal process groups follow in order to be included in the concessions. Part of that process is mandatory attendance at a meeting. The Miss Diamond Bar -committee was not present at the meeting. In order to include Miss Diamond Bar in the series, each concessionaire was asked if there was a problem with the addition of an ice cream concession on their assigned night. Five out of eight did not feel there was a problem, but the remaining three had planned dessert items and did object. Miss Diamond Bar representatives agreed to attend the mandatory meeting next year. Chair/Goldenberg mentioned the political demonstrations, for example, Sidewalk City Hall, at the concerts and requested a notice regarding no political demonstrations. CSD/Rose stated political handbills- area a First Amendment right and cannot be stopped. Only handbills for a profit-making business can be stopped. He further stated that a City Council decision was made not to have sidewalk City Hall at the concerts. C/Tye questioned if sidewalk City Hall is controlled by a group of three City Council members every single weekend. CSD/Rose stated there is an agreement that City Council members can sign up to take Sidewalk City Hall out. A poll of the City Council was made which indicated that Council did not want the Sidewalk City Hall at the concerts. Chair/Goldenberg requested suggestions or recommendations from Staff regarding the concert series. CSD/Rose requested input on the types of music the Commission would like to see. He also indicated that the recommendation for another August 25, 1994 Page 10 concert will be forwarded. Chair/Goldenberg feels concerts should start earlier to accommodate the earlier sun sets in August. AA/Barlow indicated that the concerts can either be started one week earlier or additional lights can be purchased to augment the two sets the City currently owns. VC/Ruzicka stated there was a problem seeing towards the end of the series. CSD/Rose referred to the survey results, included with the agenda, requesting more concerts and longer concerts. He recommended starting the series earlier in June rather than extending the series into August. VC/Ruzicka commented on the cost of the food. CSD/Rose replied that there is a certain amount of control in setting standards, but there is no guarantee that the concessionaires will stay within the standards. C/Tye asked when the selection process for the groups at the concerts begin. z AA/Barlow replied that she attends a concert coordinators' meeting in February or March where ideas and suggestions are shared. Information gained at that meeting begins the planning process. VC/Ruzicka requested the Righteous Brothers. Chair/Goldenberg requested classical music but felt that it may not draw a good crowd. C/Tye suggested doing a classical music concert in the middle of the concert series but not as a starting concert. AA/Barlow commented that the participants she has spoken to indicate that they use the concerts to expose themselves to a variety of music that they would otherwise not listen to. August 25, 1994 Page 11 C/Tye complimented Staff on the responses to the questionnaire. Chair/Goldenberg suggested concessions be located near Golden Springs Drive. CSD/Rose replied that the Health Code requires the concession to be no more than 200 feet from hot/cold running water. The location was chosen because it was the least obtrusive but within the Health Code requirements. C/Tye asked if 800 programs were handed out to everyone. AA/Barlow replied the programs were passed out primarily to the adults. C/Tye asked if there were any complaints. AA/Barlow replied there were complaints regarding the quality of the pizza and the change of food without notice. CSD/Rose commented that for the last couple of years Staff has been treating the concessions as a thank you for coming out. In the future, stronger standards will be set and adhered to. Chair/Goldenberg would like to see Staff make suggestions to service organizations on the types of food that is, offered for sale. 6. Recreation Program Up -date RS/Pearlman reported that the Youth Baseball Program was completed on August 19 and staff is currently reviewing the evaluations that were sent out. The number of replies received has not met the anticipated number, but more are expected. The results will be available at the next Commission meeting. Contract Classes are gearing up for the Fall session. Registration will be held on September 10 in the new office at Sycamore Canyon Park. Summer revenue, as of today, is just over $48,000. Registration is continuing and three classes have been added: Aqua Aerobics, Family Tennis Instruction, and Yoga. August 25, 1994 Page 12 Adult Athletics registration started on August 22. Press releases are being sent out and staff is contacting other cities to recruit new teams. Oftentimes teams like to play in other leagues in order to switch game days. For example, the City of Diamond Bar leagues are played on Sundays, so the teams often alternate seasons with other cities in order to play on a different day. Staff is also getting ready to staff the Ranch Festival booth. The booth last year was a success. and she hopes it will do even better this year. Chair/Goldenberg volunteered the assistance of the Commission. ANNOUNCEMENTS C/Tye asked the status on his request for looking into a park. CSD/Rose replied that research revealed it is private property and not available to be developed as a park. C/Tye asked about a letter regarding medians and .parkways. CSD/Rose stated that he spoke to C/Schey and he will be presenting it at a later date. VC/Ruzicka stated the City Council at its last meeting discussed a possible park at the end of Sunset Crossing and that they would be soliciting Parks and Recreation Commission input. He contacted Jerry White from the YMCA and set up a lunch meeting for Tuesday, August 30, to discuss the issue and invited the other Commissioners to attend. C/Tye questioned the idea of the park. VC/Ruzicka replied that it is a City Council tactical move to assist the MRF committee in their effort to delay or deter the facility. CSD/Rose commented that the City of Industry is currently assessing the property on the other side of the terminus of Sunset Crossing. This signals a possible attempt to acquire the land. If the land is acquired, then they August 25, 1994 Page 13 could extend Sunset Crossing through to Grand Avenue, which would be an alternative access to the MRF facility. C/Tye asked if there is a sense of urgency. CSD/Rose replied affirmatively and further stated that the request came from the MRF Committee to a Councilmember and the Councilmember asked that this issue be placed on the City Council agenda. There is a question of the legality of replacing the right of way with a park. The situation is similar to the Grand Avenue extension into Chino Hills. VC/Ruzicka stated that if the City were to abandon the property, the YMCA would -get ownership of the property. CSD/Rose clarified that the' Pomona YMCA would get. ownership of the property because the Diamond Bar YMCA is owned and operated by the Pomona • YMCA. Chair/Goldenberg mentioned the artist rendition of the Mission Viejo pocket park and the approval of the residents who saw it. VC/Ruzicka stated that he has received several suggestions for the . use of the park. CSD/Rose added that there are a couple of different ideas that members of the community have come up with. Chair/Goldenberg asked if the City owns the property. CSD/Rose replied that it is a right-of-way. If the City abandons the right-of- way, the property goes to the adjacent property owners; i.e., the Pomona YMCA. VC/Ruzicka asked about input on the renaming of the Parks and Recreation Commission. CSD/Rose replied that C/Schey is working on that subject. VC/Ruzicka asked about the declaration of a scenic highway status. August 25, 1994 Page 14 Chair/Goldenberg replied that it is under discussion. VC/Ruzicka asked about the status of the Paul C. Grow Park agreement. CSD/Rose replied that the comments from the Commission were sent to the Walnut Valley Unified School District and staff is waiting for their response. VC/Ruzicka referred to the minutes of July 28 meeting regarding the request for a tennis court at Peterson Park. He asked how many people signed the petition. CSD/Rose replied there was no petition. VC/Ruzicka feels if it is included on the Priorities Matrix that a petition should be included versus a request from one individual. ADJOURNMENT Moved by Chair/Goldenberg and second by C/Tye and carried unanimously to adjourn the meeting at 8:55 p.m. Respectfully Submitted, Js/ Bob Rose Bob Rose Secretary Attest: /s/ Mike Goldenberg Mike Goldenberg Chairman 'C' t - I N T E R O F F I C E M E M O R A N D U M TO: Mayor Werner and C�ouncilmember Ansari FROM: Linda G. Maquuson4Accountinq Manager SUBJECT: Voucher Register, October 4, 1994 DATE: September 29, 1994 Attached is the Voucher Register dated October 4, 1994. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIP14OND BPR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated October 4, 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 $462,172.28 112 Prop A Fund 13,969.48 115 Integrated Waste Mgt. Fund 116.91 118 Air Quality Improvement Fund 1,773.05 125 CDBG Fund 3,694.00 138 LLAD #38 Fund 12,137.81 139 LLAD #39 Fund 10,711.77 141 LLAD 141 Fund 925.50 225 Grand Ave Const Fund 3,050.00 250 CIP Fund 34.638.21 TOTAL ALL FUNDS $543,189.01 APPROVED BY: Linda G. Magrfu0n Accounting Manager c 4errLence L. Belanger City Manager G ry . W ner Mayor -�- �-- x . Eileen R. Ansari Councilmember ¢# City cf Diamond Dart* "UN TIME: 17:59 09/2'9/?4 V O U C H E R R E G I S T E R DUE THR!J.............10/04.1'94 hGE 1 VENDOR NAME VENDOR ID. * * PREPAID * t ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ ARA Services ARAService #001-4090-2325 2 51004A 01/1962 09/28 10/04 337403 Water Rent -10/94 29.00 TOTAL DUE VENDOR --------} 29.00 ARA/Cory Refreshment Svcs ARA #001-402A-2325 2 51004A 01/2136 09/28 10/04 1567711073 4 Corners Mtg-7/13/94 216.63 *001-4030-2325 3 51C104A 09/28 10/04 1567711078 4 Corners Mtg-8/11/94 240.86 TOTAL DUE VENDOR --------) 457.49 AT & T AT&T #001-4090-2125 1 51004A 09/28 10/04 860-3195 Long Distance Tel.Charges 9.65 TOTAL DUE VENDOR --------) 9.65 Accountants Overload Accountant #001-4050-4000 6 51004A 01/2110 09/28 10/04 100494 Temp.Personnel-8/6-8/9 552.75 #0014050-4000 4 51004A 01/2110 09/28 10/04 416516 Temp.Personnel-8/29-9-1 495.00 #001-4050-4000 2 51004A 01/2110 09/28 10/04 417498 Temp.Personnel-9/12-9/16 660.00 TOTAL DLE VENDOR --------) 1,707.75 Accurate Landscape Accurate *138-4538-5500 4 51004A 01/2090 09/28 10/04 34294 Irrigation Supp.Dist#38 557.64 #139-4539=2210 1 51004A 09/28 10/04 34295 Irrig.Supp.Dist#39-9/94 532.25 *139-4539-2210 2 51004A 09/28 10/04 34338 Repair Irrigation Clock 114.95 *001-4350-5305 1 51004A 09/28 10/04 34365 Remove Stage From Park 200.00 #138-4538-5500 2 51004A 01/2090 09/28 10/04 34468 Maint.Dist#38-9/94 3,648.80 *139-4539-5500 1 51004A 01/2032 09/28 10/04 34469 Maint.Dist#38-9/94 5,920.22 *001-4311-5300 1 51004A 19/2093A 09/28 10/04 -34525 Maint.Paul C.Grow Pk -9/94 1,100.00 *001-4313-5300 1 51004A 16/2093A 09/28 10/04 34525 Maint Heritage Park -9/94 750.00 *001-4316-5300 1 51004A 22/2093A 09/28 10/04 34525 Maint.Maple Hill - 9/94 900.00 *001-4319-5300 1 51004A 1512093A 09/28 10/04 34525 Maint Peterson Park -9/94 1,200.00 *001-4322-5300 1 51004A 17/2093A 09128 10/04 34525 Maint Ronald Reagan -9/94 1,000.00 #001-4325-5304 1 51004A 18/2093A 09/28 10/04 34525 Maint Starshine Park -9/94 500.00 *001-4328-5300 1 51004A 20/2093A 09128 10/04 34525 Maint.Summit Ridge -9/94 1,500.00 *001-4331-5300 1 51004A 21/2093A 09/28 10/04 34525 Maint.Sycamore Park -9/94 1,600.00 TOTAL DUE VENDOR --------) 19,523.86 All City Management All City *001-4411-5531 2 51004A 01/208DA 09/28 10/04 002523 Crossing Guard Srvcs-9/94 2,247.75 TOTAL DUE VENDOR --------> 2,247.75 t** City of Diamond Bar X44 RUN TIME: 17:59 09/29/94 V O U C H E R R E G I S T E R PAGE DUE THRU.............10/04/94 VENDOR NAME VENDOR ID. * * PREPAID t +� ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVDICE DESCRIPTION AMOUNT DATE CHECK: ------------------------------------------------------------------------------------------------------------------------------------ American Storage LTD AmerStorag +001-4090-2140 2 51004A 01/1965 American Storage LTD AmerStorag ¢001-4090-2140 5 51004E Anderson, Mary Anderson t001-4210-4000 2 51004A 01/2116 B.Chamberlain Consulting BChamber *001-4090-2205 1 51004A Bailey, Cynthia L 1344A *001-3478 12 51004E 09/28 10/04 09/29 10/04 09/28 10/04 09/28 10/04 10263 09/29 10/04 Bill's Lack & Safe BillsLock *001-4313-2210 1 51004A 02/2055A 09/28 10/04 52455 CLOUT CLOUT +001-4010-2325 1 51004E 09/29 10/04 California Contract CCCA *001-4010-2330. 1 51004A 09/28 10/04 Cannon Astro Office CannonAstr +001-4090-2100 2 51004A 01/2115 09/28 10/04 448889 Lease 2 Units -10/94-6/95 1,377.00 TOTAL DUE VENDOR --------) 1,377.00 Rental Of 2 Storage -9/94 153.00 09/21;?4 TOTAL PREPAID AMOUNT ----) 153.00 TOTAL DUE VENDOR --------) 0.00 Minutes-P1ng.Comm-8/1 400.00 TOTAL DUE VENDOR --------) 400.00 Computer Maint.-8/94 197.27 TOTAL 141E VENDOR --------) 197.27 Recreation Refund 10.00 TOTAL DUE VENDOR --------) 10.00 Rekey Cabinet-Comm.Center 10.88 TOTAL DUE VENDOR --------) 10.88 Mtg Ansari-9/22/94 12.00 10/04/04 C0:47"1146 TOTAL PREPAID AMOUNT ----) 12.00 TOTAL DUE VENDOR --------) 0.00 Semnr-Wernr,Harwy,Ansari 690.00 TOTAL DUE VENDOR --------) 690.00 Toner Cartridge-Mcrfiche 126.24 TOTAL DUE VENDOR --------) 126.24 4*4 City of Diamond Bar ** RLN TIME: 17:590')/29/94 V0UCHER REL 1 S Ti ER rA0E - DUE THRU .............10/04/94 VENDOR NAME VENDOR ID. * * PREPAID ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Carol Dennis CarolDenni *001-4210-4000 4 51000 01/2082 09/28 10/04 Minutes Ping.Coee-7/18/94 160.00 *001-4210-4000 6 51004A 01/2082 09/28 10/04 ADR Minutes -7/11/94 20.00 TOTAL DUE VENDOR --------) 180.00 Chandra, K.S. 6(A *001-3478 4 51004E 09/29 10/04 Recreation Refund 24.00 TOTAL DUE VENDOR --------) 24.00 Chang, Stephen 59A *001-3478 5 51004E 09/29 10/04 Recreation Refund 120.00 TOTAL DUE VENDOR --------) 120.00 Chavers, J. Todd ChaversJT *001-4553-4100 1 510040 09/29 10/04 TIT Coe Mtg - 9/8/94 40.00 TOTAL DUE VENDOR --------) 40.00 Chih, Ellen 1346A *001-3478 7 51004E 09129 10/04 Recreation Refund 6.40 TOTAL DUE VENDOR --------) 6.40 Childs, Patricia 1347A *Wl-3478 8 51004E 09/29 10/04 Recreation Refund 6.40 TOTAL DUE VENDOR --------1 6.40 City Traffic Engineers CTE *011-4551-2330 2 51004A 01/2154 09/28 10/04 TIT Wrkshp.Istek&Ortiz 100.00 TOTAL DUE VENDOR --------> 100.00 Colorstar Photolab Colorstar *001-4095-2110 1 51004E 09%29 10/04 004558 File Devlent-Caee.Praeotn 24.75 *001-4095-2110 2 51004E 09/29 10/04 004559 File Devlent-Coee.Proeotn 11.74 *001-4095-2110 3 51004E 09/29 10/04 004560 File Devlent-Com.Proeotn 7.18 TOTAL DUE VENDOR --------) 43.67 D&J Engineering D&JEngine *001-4220-5201 2 51004C 01/2005 09/29 10/04 940-010 P1.Ck&Pret.Fees-7/19-7/31 542.50 *001-4220-5201 4 51004C 01/2005 Q9/29 10/04 94R-011 PI.Ck&B1dg.Pret-8/22-9/15 14,001.53 +001-2300-1010 3 510040 09/29 10/04 94S-008 Inspections-FPL94-022 115.00 *001-2300-1010 2 51004C 09/29 10/04 945008 Inspectns&Plan FPL 94-020 90.00 TOTAL DUE VENDOR --------) 14,769.03 *** City r Siam i d Bar *#+ RUNTIME: :7.5909/29/94 VOUCHER REG I5TER DUE THRU.............14%+,4/9 PACE 4 VENDOR NAME VENDOR ID. * PREPAID * } ACCOUNT PRO.I.TX-NO BATCH PO.LINE'N0. ENTRY/IrUE 1. ,C.E DESCRIPTION AMOUNT DATE CHECK: ------------------------------------------------------------------------------------------------------------------------------------ Dataquick Dataquick *001-4210-2130 2 51004A 01/2006 09/28 10/04 GN6130/DIN Equip.Rental-8/94 35.00 TOTAL DUE VENDOR --------) 35.00 Day & Night Copy Center Day&Night *001-2300-1011 1 51004A 09/28 10/04 05704) Copies for VTT 51169 264.45 *001-4090-2100 4 51004A 01/1997 09/28 10/04 08420 Copies Cty.Council-Packts 71.44 *001-4210-4220 1 51004A 05/1931 09/28 10/04 5.586 Copies General Pi.Mtgs 284.70 013007525 Ribbons Printer -Finance 38.93 TOTAL DUE VENDOR --------1 620.59 Diamond Bar Business Asoc DBBusAssoc 12935680 Supplies -General Govt. 144.75 *001-4090-2140 4 51004A 01/1952 09/28 101/04 Monthly Rent -10/94 5,707.80 *001-4090-2210 2 51004A 01/1952A 09/28 10%04 Common Area Maint-10/94 1,514.00 TOTAL DUE VENDOR --------} 7,n,- .80 Diamond Bar Senior Club DBSeniorCl *125-4215-2355 80195 2 51004A 01/1958 09/28 10/04 CDBG-Insurance Senior Clb 179.00 TOTAL DUE VENDOR --------) 179.00 Diamond Bar/Walnut YMCA DBWalYMCA *125-4215-2355 4 51004D 01/1955 09/29 10104 CDBG Reimb - Summer Camp 3,515.00 TOTAL M VENDOR --------) 3,515.00 Dwight French & Assoc. DwightFren *225-4510-6411 2 51004A 01/C1860 09/28 10/04 1001772 St.inprvant.Grand Ave 3,050.00 *001-4555-4230 2 51004 01/1972 09/28 10/04 -1001773 Dev&Implementation Pvmnt. 10,000.00 TOTAL DUE VENDOR --------> 13,050.00 Eastman Inc. East *001-4040-1200 2 510048 13/2088 09/28 10/04 012874622 Supplies -City Clerk 97.43 *001-4050-1100 1 51004B 14/2088 09/28 10/04 013007525 Ribbons Printer -Finance 38.93 *001-4090-1200 1 510048 01/2088 09/28 10/04 12935680 Supplies -General Govt. 144.75 *001-4030-1200 1 510048 02/2088 09/28 10/04 12935730 Supplies -City Manager 34.79 *001-4210-1200 1 510048 03/2088 09/28 10/04 12935749 Supplies -Planning 265.58 *001-4510-1200 1 51004B 05/2088 09/28 10/04 12935771 Supplies -Public Works 31.91 *001-4350-1200 1 510048 06/2068 09/28 10/04 12935822 Supplies -Recreation Srvcs 103.10 *001-4050-1200 1 51004B 10/2088 09/28 10/04 12979832 'Supplies -Finance 43.73- +001-4090-1200 3 510048 12/2088 09/28 10/04 12979M Supplies -General Govt. 14.55 *001-4030-1200 3 51004B 08/2088 09/28 10/04 12979849 Supplies -City Manager 58.02 *001-4040-1200 1 510048 09/2068 09/28 10/04 12979851 Supplies -City Clerk 80.29 *001-4090-1200 2 51004B 11/2088 "09/28 10%04 12979853 Supplies -General Govt. 42.61 *(01-4510-1200 2 51004B 07/2088 09/28 10/04 12979942 Supplies -Public Warks 17.75 *001-4030-1200 2 510048 04/2088 09/28 10/04 129935759 Supplies -General Govt. 3.56 TOTAL DUE VENDOR --------) 977.00 +++ City of D i a a o n d Bar +++ RUN TIME: 17:59 09/29/94 V O U C H E R R E G I S T E R PAGE 5 DUE THRU .............10/04/94 VENDOR NAME VENDOR ID. + + PREPAID + + ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ----------------- - --------------------------------------------------------------------------------------------------------------- ENTRY/DLE INVOICE DESCRIPTION AMOUNT DATE CHECK Ely, Michael D 1351A +001-3478 1 510040 09/29 10/04 Recreation Refund 52.00 TOTAL DUE VENDOR --------) 52.00 Esposito, Lou Espositol. +001-4553-4100 2 510040 09/29 10/04 T&T Com Mtg - 9/8/94 40.00 TOTAL DUE VENDOR --------) 40.00 F&A Federal Credit Union F&ACreditU +001-2110-1012 1 51004E 09/29 10/04 PP19 Credit Union Deductible 1,655.75 09/21/94 0000021148 TOTAL PREPAID AMOUNT ----) 1,655.75 TOTAL DUE VENDOR --------) 0.00 Federal Express Corp. FedExpress *001-2300-101,0 1 51004B 09/28 10/04 5-314-79006 Fpl 94-022-8/24/94 13.00 +001-4210-4220 2 51004B 09/28 10/04 5-314-79006 Governers Off.Plnng-8/23 13.00 TOTAL DUE VENDOR --------) 26.00 Federal Reserve Bank FedReser ve *001-2110-1009 2 51004B 09/28 10/04 PP18-19 Say.Bond Ded. 50.00 TOTAL DUE VENDOR --------) 50.00 First Interstate Bank FirstInter +001-4010-2325 2 51004E 09/29 10/04 Lunch Mtg-Werner 8/23/94 31.95 09/28/94 010021150 *001-4090-2310 5 51004E 09/29 10/04 Mobil Oil/Harmony 8/24/94 18.49 09/28/94 0000021150 TOTAL PREPAID AMOUNT ----) 50.44 TOTAL DUE VENDOR --------) 0.00 Flamenbaum, Bruce Fla men baum +001-4210-4100 1 51004C 09/29 10/04 Planning Comm.Mtg-8/94 180.00 TOTAL DUE VENDOR --------) 180.00 Fong, Franklin FongF 4001-4210-4100 5 510040 09/29 10/04 Ping.Comm.Mtgs-8/1,2415 180.00 TOTAL DUE VENDOR --------) 180.00 Foothill Transit FoothillTr +112-4553-5533 2 510048 01/2162 09/28 10/04 2759 Foothill Passes -9/94 2,898.00 TOTAL WE VENDOR --------> 2,898.00 City ai Diamond Ear ** .JN TIME: 1.:59:x',/29;^4 VOUCHER R E 0 1 5 T E R r�OE f ME THRU .............10/104,94 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NG. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DE5W4IF'TION AMOUNT DATE CHECK Franchise Tax Board FranchiseT *001-2110-1009 1 51004B 09/28 10/04 PP18-19 Withholding Order 109.40 TOTAL DUE VENDOR--------) 109.40 GTE California GTE +401-4440-2125 151004B 09/28 10/04 860-8951 Emerg.Preparness-9/94 37.61 TOTAL DUE VENDOR--------) 37.61 GTE California GTE *118-4098-2125 2 51004B 09/28 10/04 860-5463 Phone On Line-9/94 250.06 TOTAL DUE VENDOR--------) 250.06 GTE California GTE *001-4313-2125 1 51004B 09/28 10104 595-9254 Phone Heritage Park-9/94 53.13 TOTAL DUE VENDOR--------> 53.13 GTE California GTE *001-4331-2125 1 510048 09/28 10/04 861-9220 Phone Sycamore Park-9/94 53.10 TOTAL ME VENDOR--------) 53.10 GTE California GTE *001-4090-6240 1 510048 09/28 10/04 E400M16 Voice Mail System 9,778.91 TOTAL DUE VENOM --------) 9,778.91 GTE California GTE *001-4040-2125 1 51004B 09/28 10/04 590-0292 Phone Modum Line-9/94 16.71 TOTAL DUE VENDOR --------) 16.71 GTE California GTE *118-4098-2125 1 510048 09/28 10/04 396-0194 Phone Sycamore Park-9/94 52.99 TOTAL DUE VENDOR--------) 52.99 GTE California GTE *001-4090-2125 2 51004B 09/28 10/04 860-3195 B1dg&Safety Phone-9/94 209.06 TOTAL Off VENDOR--------) 209.06 Geiger, Donna GeigerD *001-4040-4000 2 51004B 03/2028 -69/28 10/04 09-94070 Minutes City Council-8/16 190.00 TOTAL DUE VENDOR--------) 190.00 ��+� City of Diamcnd Bar *** R11NTIME: 17.59 %D9/29'/'-,'4 VOUCHER REGISTER r';E 7 DUE THRO.............10/04/94 VENDOR NAME VENDOR ID. # # PREPAID # # ACCOUNT PRGJ.TX-NO BATCH PO.LINE/NG. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE -:,F^K ------------------------------------------------------------------------------------------------------------------------------------ Gonsalves & Son, Joe A. Gonsalves *001-4010-4000 1 51004E 01/1975 Gordon's Inc Gordons *001-4310-6200 2 51004B 01/2067 Grainger Grainger *001-4310-1200 1 510041) 01/1936 Harvey, Kathy Harvey Kat *001-3223 1 51004B Henson, Dan Henson don *001-3225 1 510(A8 HighPoint Graphics HighPoint *001-4095-4260 1 51004B 02/2155 *115-4515-2110 1 510048 01/2155 Hung, Helen 1345A *00i-3471 6 51004E ICMA Retirement Trust -457 ICMA *001-4030-0480 1 510048 *001-4030-0090- 1 51004E *001-4040-0090 1 510048 *001-4050-0090 1 51004B *001-4210-0090 1 51004B *001-4310-0090 1 510048 *001-4350-0090 1 510048 *001-4510-0090 1 51004B *001-2110-1007 1 51004B 09/29 10/04 Legislative Rep -8/94 2,100.00 TOTAL DUE VENDOR --------) 2,100.00 09/28 10/04 10475070 Storage Cabinet/Sycaore 360.47 TOTAL DUE VENDOR --------) 360.47 09/28 10/04 440833329170 Handicap Sign/Sycamore 66.98 TOTAL DUE VENDOR --------) 66.98 09/28 10/04 DBO3813 Refund/Parking Citation 50.00 TOTAL DUE VENDOR --------) 50.00 09/28 10/04 Refund of Impound Fees 60.00 TOTAL DUE VENDOR --------) 60.00 09/28 10/04 42947 Presentation Folders 96.34 o9/28 10/04 42947 Oil Recycling Handout 116.91 TOTAL DUE VENDOR --------) 213.25 09/29 10/04 Recreation Refund 6.40 TOTAL DUE VENDOR --------) 6.40 09/28 10/04 Oct CM Contract Cont 400.00 09/28 10/04 Oct Oct.Benefit Cant-CMGR 1,613.10 09/28 10/04 Oct Oct.Benefit Cont-CCLK 476.85 09/28 10/04 Oct Oct.Benefit Cont -Fin 162.25 09/28 10/04 Oct Oct.Benefit Cont -Ping 590.60 09/28 10/04 Oct Oct.Benefit Cont -CS 316.65 09/28 10/04 Oct Oct.Benefit Cont -CS 275.01 09/28 10/04 Oct Oct.Benefit Cant -Eng 1,011.37 09/28 10/04 PP18/19 Payroll Ded.PP18&19 350.00 TOTAL DUE VENDOR --------) 5,195.83 +++ City of Diamond Bar +++ RLN TIME: 17:59 49/29/94 V O U C H E R R E G I S T E R DUE THRU.............10/04/94 PGE 8 VENDOR NAME VENDOR ID. * * PREPAID + + ACCOLNT PRDJ.TX-NO BATCH PO.LINE/N0. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Image IV Systems Inc. Image4Sys *041-4090-2100 6 510048 02/2010 09/28 10/04 155426 Copy Charges -August 159.91 +401-4090-Z200 2 510048 01/2010 09/28 10/04 155426 Maint.-August '94 100.00 TOTAL DUE VENDOR --------) 259.91 Information for Public StateNet +118-4098-2325 2 51004D 01/2112 09/29 10/04 2822 City Link Tracking Svcs 1,470.00 TOTAL DUE VENDOR --------) 1,470.00 Inland Empire Stage InEmpStage +112-4360-5310 2 510048 01/2083 09/28 10/04 083194 San Diego Zoo Trip Senior 510.00 TOTAL DUE VENDOR --------) 510.00 Int'l Business Equipment InBusEquip +001-4090-2100 8 510048 01/2135 09/28 10/04 6745 Xerox Maint.base Charge 281.00 *001-4090-2100 10 51004B 01/2135 09/29 10/04 6745 Error 281.00 - *041 -4090-2100 12 510048 01/2135 09/29 10/04 6745 Xerox Maint Base Charge 281.00 *001-4090-2200 4 51004B 42/2135 09/28 10%04 6745 Xerox Maint Base Charge 281.00 +401-4490-2200 5 51004B 09/29 10/04 6745 Error 281.00 - *001 -4090-2200 7 510048 43/2135 09/29 10/04 6745 Xerox Per Copy Charge 566.72 TOTAL DUE VENDOR --------) 847.22 Istik, Jack IstikJ t1)01-4553-4100 3 5110041) 09/2' 10/04 T&T Con Mtg - 9/8/94 40.00 TOTAL DUE VENDOR --------) 40.00 Fens Hardware Kens *401-4313-2210 3 51004B 02/2198A 09/28 10/04 03803 Fix Drinking Fountn.Hrtge 8.47 +441-4313-2210 5 51004B 18/2198A 09/28 10/04 03949 Bolts/Picnic Tbls/Heritge 6.24 *001-4313-2210 2 51004B 01/2198A 09/28 10/04 03964 Supp.To Instll.Gate Valve 35.39 *401-4313-2210 6 510048 19/2198A 09/28 10/04 03967 Gate Valve At Heritage Pk 7.31 *001-4316-2210 3 510048 06/2198A 09/28 10/04 04081 Maint Supplies-Mapple Hit 18.99 *001-4316-2210 1 510048 03/2198A 09/28 10/04 04099 Fix Drnkng.Fountn.Maple 4.07 *001-4310-1200 5 51004B 10/2198A 09/28 10/04 04144 Credit Return Items 6.46- *CNj1-4316-2210 2 510048 04/2198A 09/28 10/04 04146 Fix Drnkng.Fountn.Maple 5.40 +041-4310-1200 6 51004B 13/219M 09/28 10/04 71326 Screw Driver Set 2.54 *001-4310-1200 8 51004B 16/1938 09/28 10/04 71872 Maint.Supplies 158.22 *001-4350-5305 3 510048 14/2198A 09/28 10/04 71948 Carpet Tape 4.54 +401-4310-1200 7 510048 15/1938 09/2228 10/04 71963 Paint Brushes 12.93 *001-4310-1200 13 510048 17/2198A 09/28 10/04 72424 Maint.Supplies 15.36 *001-4310-1200 11 51004B 19/1938 0/28 10/04 72470 3 Plungers arks 6.50 *141-4541-2210 1 51004B 15/2198A '09/28 10/04 72650 Water Tester/Pliers 29.38 +401-4310-1200 9 51004B 17/1938 09/28 10/04 72651 Materials for Rec.Office 4.05 *001-4310-1200 10 510048 18/1938 09/28 10/04 72797 2 Cable Ties/City Parks 4.01 *001-4310-1200 3 51004B 08/2198A 09/28 10/04 72918 Graffiti Removal 20.12 *001-4310-1200 12 510048 16/2198A 09/28 10/04 71,957 1 3/4" Bit 13.52 +++ City of Diamond Bar +++ RUNTIME: 17:59n9i'Z9/94 VOUCHER REGISTER ItE THRU.............10/04/94 FACE ? VENDOR NAME VENDOR ID. Weed Abateeent-SW/Prkway 09/28 10/04 14012 + + PREPAID + + ACCOUNT ------------------------------------------------------------------------------------------------------------------------------------ PROJ.TX-NO BATCH PO.LINE/N0. ENTRYia E INVOICE DESCRIPTION AMOUNT DATE CHECK. Kens Hardware Kens Irrigation Repairs-Dist41 (CONTINUED) TOTAL DUE VENDOR -------- +001-4310-1200 4 51004B 09/2198A 09/28 10/04 73048 Replace Hinges Plnng.Door 8.11 +0.01-4350-5305 2 51004B 07/2198A 09/28 10/04 73064 Cleaning Supp -Concert Prk 16.21 +001-4322-2210 1 510048 11/2198A 09/28 10/04 73109 Mid Link -Bridge Repair 4.32 +001-4310-1200 2 51004B 05/2198A 09/28 10/04 73417 Lights Bulbs 15.04 +001-4313-2210 4 510048 12/219SA 09128 10/04 73520 Bolts Picnic Tble-Heritge 6.69 TOTAL DUE VENDOR --------) 400.95 L.A. County -Sheriff's Dep LACSheriff +001-4411-5401 2 51004B 09/28 10/04 30425 Suppl.Svc.Helicptr-7/94 320.20 +001-4411-5401 1 51004B 09/28 10/04 30485 Contract Services -8/94 304,066.19 L.A.County Public Works LACPubWk +001-4331-5300 5 510048 01/2039 +112-4553-5529 2 51004B 01/2143 L.A.County Public Works LACPubWk +001-4331-5300 3 51004B 01/2039 LAC Transportation Coe. LACTC +ii2-4553-5533 4 510048 01/2161 +112-4553-5533 6 510049 01/2172 Landscape West +001-4558-5508 +139-4539-5500 +141-4541-2210 +141-4541-10 +141-4541-2210 LandscapeW 2 510048 01/2122 3 510048 01/2092 2 51004B 3 51004B 4 51004E TOTAL DUE VENDOR --------) 304,386.39 09/28 10/04 95000011 Tree Watering -6/94 2,783.28 09/28 10/04 S950002551 Paratransit Srcv-1/1-3/31 4,137.48 TOTAL DUE VENDOR --------> 6,920.76 09128 10/04 950000114 Sump Pump Service TOTAL DUE VENDOR -------- 09/28 10/04 MTA/Joint Passes -9/94 09/28 10/04 004032 Sale Of Tokens -9/94 TOTAL DUE VENDOR -------- 09/28 10/04 13987 Weed Abateeent-SW/Prkway 09/28 10/04 14012 Maint For Distf41-8/94 09/29 10/04 14019 Irrigation Repairs-Dist41 09/29 10/04 14021 Irrigation Repairs-Dist41 09129 10/04 14022 Irrigation Repairs-Dist41 TOTAL DUE VENDOR -------- 529.14 529.14 224.00 334.00 558.00 4,561.84 3,336.85 68.80 130.94 174.49 8,272.92 Los Angeles County ISD LACISD +001-4090-2130 2 510048 0112129 09/28 10/04 55 Pager Rental - 8/94 94.76- TOTAL 4.76TOTAL DUE VENDOR --------1 94.76 TOTAL DUE VENDOR --------} 32,593.46 Martin & Chapman Co. Martin&Cha 4001-4.210-1200 3 510040 01/1998 09/29 10/04 94597 Minutes Paper -Planning 125.17 City of Diamond Bar ### ;`UN TIME: 17:59 09/29/94 TOTAL DUE VENDOR --------} V O U C H E R R E G I S T E R PA.Ci 10 Pass Metrolink DUE THRU.............10/04/'34 VENDOR NAME VENDOR ID. 4112-4553-5533 PREPAID ACCOUNT PROJ.TX-ND BATCH PO.LINE/NO. ------------------- ----- ---------------------------------------------------------------------------------------•----------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Macadee.Electrical Macadee *112-4553-5533 10 4250-4510-6412 09295 3 51004C 01/2142 09/-29 10/04 1354 Extnsn.Signal@Grand 1,400.00 #250-4510-6412 07095 1 51004C 01/1832A 09/29 10/04 1355 Traffc.Signal Installatn. 31,193.46 TOTAL DUE VENDOR --------} 32,593.46 Martin & Chapman Co. Martin&Cha 4001-4.210-1200 3 510040 01/1998 09/29 10/04 94597 Minutes Paper -Planning 125.17 TOTAL DUE VENDOR --------} 125.17 Metrolink Monthly Pass Metrolink 4112-4553-5533 8 51004D 01/2163 09/29 10/04 Transit Pgm-Mnthly Pass 4,816.00 *112-4553-5533 10 51004D 01/2163 09/29 10/04 Transit Pgm-10 Trip Pass 1,050.00 TOTAL ME VENDOR --------} 5,866.00 Meyer, David MyerD #001-4210-4100 2 51004C 09/29 10/04 Planning Comm.Mtg-8/94 180.00 TOTAL DUE VENDOR --------} 180.00 Mobil Mobil #001-4310-2210 2 51004C 01/2101 09/29 10/04 3463 Tune Up Parks Truck 231.12 #001-4090-2200 19 510040 01/2204 09/29 10/04 4418 Repair To Tempo 22.00 #001-4090=2200 11 51004C 01/2204 09/29 10/04 K2042261 Smog Check-Gen.Govt. 59.90 #00174210-2310 2^ 51004C 01/1999 09/29 10/04 K2045201 Fuel Planning -9/19/94 23.33 #001-4090-2200 17 51004C 01/2204 09/29 10/04 K2045676 Labor on Fix Of Flats 7.00 #001-4310-2310 4 510040 14/1939 09/29 10/04 K2047743 Gas Checy Truck -Parks 21.25 (001-4310-2310 2 51004C 12/1939 09/29 10/04 K2047754 Gas Checy Truck -Parks 34.05 #001-4090-2200 9 510040 01/2204 09/29 10/04 X7780 Smog Check General Govt 59.90 #001-4090-2200 13 51004C 01/2204 09/29 10/04 K2047802 Smog Check&Gas Gen.Govt 79.81 4001-4090-2200 22 51004C 01/2204 09/29 10/04 K2047802 Error 79.81 - *001 -4090-2200 24 51004C 01/2204 09/29 10/04 K2047802 Smog Check-Gen.Govt. 59.90 #001-4090-2200 26 51004C 01/2204 09/29 10/04 K2047802 Fuel - Gen.Govt 19.91 4001-4090-2200 15 51004C 01/2204 09/29 10/04 K2747102 Fix 2 Flats -510 Truck 14.00 #001-4310-2310 5 510040 15/1939 09/29 10/04 K4145326 Gas -Parks 8/31/94 21.51 *001-4310-2310 1 51004C 11/1939 09/29 10/04 K.4145396 Gas Checy Truck -Parks 34.67 *001-4210-2310 6 51004C 01/1999 09/29 10/04 K4844980 Fuel -Parks 08/24/94 21.31 #001-4210-2310 4 51004C 01/1999 09/29 10/04 K5331631 Fuel Planning - 9/26/94 21.93 *001-4090-2310 4 51004C 01/1964 09/29 10/04 K5332320 Fuel General Govt -8/94 10.96 #001-4090-2310 2 51004C 01/1964 09/29 10/04 K5332331 Fuel -General Govt -8/94 15.72 #001-4310-2310 3 51004C 13/1939 09/29 10/04 K5332390 Gas Checy Truck -Parks 35.57 TOTAL DLE VENDOR --------} 714.03 Gitof Diam��nd Har #*� ;UN TIME: 17:59 09/"29/94 V O y U C H E R R E G I S T E R PAGE 11 DUE THRU.............10/04/94 VENDOR NAME VENDOR ID. + # PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRYIM INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Nolte & Associates Inc NolteAssc *250-4510-6411 06495 2 51004C 01/1807 09/29 10/04 6/343559 DiamondBar Blvd-Rehabiltn 1,121.16 TOTAL DUE VENDOR --------) 1,121.16 OCB Reprographics OCBReprogr *250-4310-6415 06595 2 51004C 01/2150 09/29 10/04 882745 Mounting for Pantera 51.99 TOTAL DUE VENDOR --------) 51.99 Office Machines by Marks OfMachMark *001-4040-2200 151004C 09/29 10/04 Repair Microfche.Dictphne 25.00 TOTAL DUE VENDOR --------) 25.00 Ortiz, Tom OrtiZTom *041-4553-4100 4 51004D 09/29 10/04 T&T Com Mtg - 9/8/94 40.00 TOTAL DUE VENDOR --------> 40.00 Payroll Transfer PayrollTr *001-1020 1 51004E 09/29 10/04 Payroll Transfer PP19 4b,000.00 10/04/94 0000000019 TOTAL PREPAID NOW ----) 46,000.00 TOTAL DUE VENDOR --------) 0.00 Plunk, Lydia E. PlunkL *001-4210-4100 6 51004C 09/29 10/04 P1ng.Comm.Mtgs-8/1,8&15 180.00 TOTAL DUE VENDOR --------) 180.00 Postage By Phone PostByPhon *001-4090-2120 1 51004E 09/29 10/04 14082820 Postage For Postage Meter 1,500.00 TOTAL DUE VENDOR --------) 1,500.00 Preferred Detailing PrefDetail *001-4090-2200 20 51004C 09/29 10/04 9793 EDC Maintenance 48.40 TOTAL DUE VENDOR --------) 48.00 Prudential Service Bureau PSBI *001-2110-1006 1 51004C 09/29 10/04 OCT Vision Prem -Oct 359.23 *001-2110-1004 1 510040 09/29 10/04 Oct Dental Prems.-Oct 1,169.31 TOTAL DUE VENDOR --------) 1,528.54 *** City of Diamond Bar * * * -RUN TIME: 11:09 09%30/94 V O U C H E R R E G I S T E R PAGE 12 DUE THRU.............10/04/94 VENDOR NAME VENDOR ID. # PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Public Empl Retirement PERS *001-2110-1008 1 510040 09/29 10/04 PP19 *001-2110-1008 2 51004C 09/29 10/04 PP19 *001-2110-1008 3 51004C 09/29 10/04 PP19 R & D Blueprint R&DBlue *138-4538-6410 1 51004C 09/29 10/04 10370 *250-4510-6416 468'na 2 51004C 01/2158 09/29 10/04 10370 *250-4510-6411 06495 4 51004C 01/2100 09/29 10/04 10373 RJM Design RJMDesign *250-4310-6415 VJ�95 6 510040 01/C1718 09/29 10/04 10961 Repro Graphics ReproGraph *001-4090-2110 2 51004E 01/2102 Riverside Blueprint RiversideB *250-43104415 46995 4 51004C 01/2152 Roma, Valerie IS48A *001-3478 9 51004E RonKranzer&Assoc C.E. Inc RVA *001-4510-5�7 2 510040 01/2157 Rubalcaba, Lorraine 58A *001-3478 3 51004E Rutan & Tucker RutanTuckr *001-4020-4021 3 510040 09/29 10/04 6959 09/29 10/04 75724 09/29 10/04 09/29 10/04 2643 09/29 10/04 99/29 10/04 Retrmnt.Contrbtns-Employe 3,150.08 Retirement Cant ER 2,837.18 Less Surplus Asset 2,606.76 - TOTAL DUE VENDOR --------> 3,380.50 Blueprnt.Gldn.Sprg/Median 476.28 Reduction Of Maps/Council 23.82 Blueprint Dia.Blvd.Recost 394.66 TOTAL DUE VENDOR --------5 894.76 Maple Hill Project 447.00 TOTAL DUE VENDOR --------> 447.00 4 Part Cash Recpts-Farms 537.63 TOTAL DUE VENDOR --------> 537.63 Blackline Prints-Pantera 6.12 TOTAL DUE VENDOR --------> 6.12 Recreation Refund 6.40 TOTAL DUE VENDOR --------) 6.40 Inspection Services 787.50 TOTAL DUE VENDOR --------? 787.50 Recreation Refund 70.00 TOTAL DUE VENDOR --------) 70.00 Legal Srvcs-8/26/94 343.60 TOTAL DUE VENDOR --------> 343.60 *** City of Diamond Bar * * * RUN TIME: 17:59 09/29/94 V 0 U C H E R R E G I S T E R PAGE 13 DUE THRU.............10/04/94 VENDOR NAME VENDOR ID. * * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Safaritohai, Simin Safaritohi *001-3478 2 51004C 09/29 10/04 San Gabriel Valley City SGVCMA *001-4030-2325 4 51004E 09/29 10/04 San Gabriel Vly Tribune SGVTribune *001-4040-2115 2 51004C 01/21r4A 09/29 10/04 01199 *001-4210-2115 8 51004C 01/2007 09/29 10/04 07162 *001-4210-2115 6 51004C 01/2007 09/29 10/04 21273 *001-4210-2115 10 51004C 01/2007 09/29 10/04 21273 *001-4210-2115 12 51004C 01/2007 09/29 10/04 21273 Schad, tan *001-4210-4100 Scobey, Monique *001-3478 SchadD 4 51004C 1349A 10 51004E Sheriff's Emporium SheriffEmp *001-4030-1200 4 51004D 09/29 10/04 "9 10/04 09/29 10/04 0226 Southern Ca. Edison SoCaEdison *001-4311-2126 1 510040 09/29 10/04 001-4316-2126 1 51004D 09/29 10%04 *001-4319-2126 1 51004D 09/29 10/04 *001-4331-2126 1 51004D 09/29 10/04 Southern Ca. Edison SoCaEdison *139-4539-2126 1 510040 09/29 10104 Recreation Refund TOTAL DUE VENDOR --------) SGVCMA Mtg-Belanger 9/94 TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDOR --------) Notice Of Public Hearing Public Hearing/Cup 93-1 Public Hearing/ADR 94-6 Error Public Hearing/Adver TOTAL DUE VENDOR --------) P1ng.Comm.Mtgs-8/1,8,&15 TOTAL DUE VENDOR --------) Recreation Refund TOTAL DUE VENDOR -------- Nam Badge - Ansari TOTAL DUE VENDOR-------- Electricity-Grow Park Electricity-Maplehill Electricity -Peterson Pk Electricity -Sycamore Cyn TOTAL DUE VENDOR --------) Electric - LLAD #39 TOTAL DUE VENDOR -------- 22.00 22.00 20.00 09/27/74 0000021149 20.00 0.00 71.04 112.64 93.40 93.40- 93.44 277.12 180.00 180.00 12.80 12.80 11.26 11.26 30.04 307.75 72.87 347.38 758.04 349.33 309.33 *4* City of Diamand Bar * * * RUN TIME: 17-59 091,29/94 V 0 J C H E R REGISTER PAGE 14 DUE THF.'U.............10/04/94 'kMOR NAME VENDOR ID. * * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK; ------------------------------------------------------------------------------------------------------------------------------------ Southern Ca. Edison SoCaEdison 4138-4538-2126 1 510040 Southern Ca. Edison SoCaEdison 4141-4541-2126 1 51004D Southern Ca. Edison SoCaEdison *001-4510-2126 1 51004D Standard.Insurance of Ore StandardIn *001-2110-1005 1 51004C Standard Insurance of Ore StandardIn *001-2110-1005 2 51004C Supra Corporation Supra *001-4090-6230 2 51004D 01/2044 The Daily Bullentin DailyBulle *001-4210-2115 4 510048 01/2008 *001-4210-2115 2 51004B 01/2008 09/29 10/04 09/29 10/04 09/29 10/04 09/29 10/04 Oct 09/29 10/04 Oct 09/29 10/04 134627 09/28 10/04 38390 09/28 10/04 40200 The Hyatt Regency Hyatt Rep *001-4010-2330 2 51004B 09/28 10/04 The Trumbull Law Firs Trumbull *001-4020-4021 2 510040 01/C1920 09/29 10/04 Electric - LLAD 438 116.96 TOTAL DUE VENDOR --------) 116.96 Electric - LLAD 441 521.89 TOTAL DIE VENDOR --------) 521.89 Electric - Traffic Contrl 2,474.10 TOTAL DUE VENDOR --------) 2,474.10 Life Insurance 420.50 TOTAL DUE VENDOR --------) 420.50 Suppl.Life Insurance 24.00 TOTAL DUE VENDOR --------) 24.00 Supra FAX Modes - 288 355.90 TOTAL DUE VENDOR --------) 355.90 Public Hearing Cup 93-1 81.66 ADR 94-6 Pub.Hearing 61.25 TOTAL DUE VENDOR --------) 142.91 CCCA Conf-iirnr,Hrsn,Ansri 357.00 TOTAL DUE VENDOR --------) 357.00 'Special Legal Srvcs-MRF 10,000.00- 0,000.00TOTAL TOTALDUE VENDOR --------) 10,000.00 * * * C : t y of 0:amanJ Bar *x# RUN TIME: 17:59(;9(29/944 V 0 LC H E R R L I S T E R PuGE 1` DUE THRU.............10/04574 VENDOR NAME VENDOR ID. * PREPAID # ACCOUNT PROJ.TX-NO BATCH PO.LINE/410. ENTRY/DUE It&OICE DESCRIPTION AMOUNT DATE CHECK: ----------------- ---------------------------------------------------------------------------------------------------------------- Time Out Personnel Svc. TimeOut ¢001-4040-4000 4 51004D 01/2076 09/29 10/04 931604 Temp Svcs -Receptionist 465.20 TOTAL DUE VENDOR --------) 465.20 Tweed Financial Services TweedFinSv *001-2300-1002 1 51004D 09/29 10/04 Refund - Park Deposit 200.00 TOTAL DUE VENDOR --------) 200.00 UIEC Records&Information UIEC *001-4040-2330 2 51004D 01/2141 09/29 10/04 Mgmt.Seainar-City Ck 50.00 TOTAL DUE VENDOR --------) 50.00 Unocal Unocal *001-4030-2310 2 510040 01/1963 09/29 10/04 203926 Fuel - C Mgr - 9/15/94 25.53 TOTAL DUE VENDOR --------) 25.53 Walnut Vly Water Dist WVWaterDis *001-4440-2126 1 51004D 09/29 10/04 Electric-, ommunictn Site 43.16 TOTAL DUE VENDOR --------) 43.16 Walnut Vly Water Dist WVWaterDis #001-4311-2126 2 51004D 09/29 10/04 Water Svcs - Grow Park 3,008.01 *001-4316-2126 2 51004D 09/29 10/04 Water Svcs - Maplehill Pk 2,079.15 *001-4316-2126 3 510040 09/29 10/04 Water Svcs - Maplehill Pk 232.55 TOTAL DUE VENDOR --=-----) 5,319.71 Walnut Vly Water Dist WVWaterDis *139-4539-2126 2 510040 09/29 10/04 Water Svcs - LLAD #39 498.17 TOTAL DUE VENDOR --------) 498.17 Walnut Vly Water Dist MVMaterDis *138-4538-2126 2 510040 09/29 10/04 Water Svcs - LLAD #38 7,338.13 TOTAL DUE VENDOR --------) 7,338.13 West Publishing Co. WestPub *001-4090-2320 1 51004D 09/29 10/04 Calif Code Books 94.60 TOTAL DUE VENDOR --------) 94.60 Citof Diamond Dar �#� RUNTIME: 175909/29/94 VOy U C H E R REGISTER PAGE 16 DUE THRU.............10/04/94 VENDOR NAM VENDOR ID. * PREPAID * + ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMaW DATE CHECK. -------------------------------------------------------------------------------------------------------------------------------- Yamauchi, Elizabeth 1350A *001-3478 11 51004E Yosemite Waters }401-4310-2130 Iellerbach *001-4090-1200 YosemWater 2 51004D 01/2021 Iellerbach 5 51004D 01/214 09/29 10/04 Recreation Refund 6.40 TOTAL DUE VENDOR --------) 6.40 09/29 10/04 Recreatio Equip Rent -8/94 12.00 TOTAL DUE VENDOR --------) 12.00 09/29 10/04 80138-115 Copy Paper - 21 Cases 619.52 TOTAL DUE VENDOR --------) 619.52 TOTAL PREPAID -----------) 47,891.19 TOTAL DUE ------- -------- ) 495,297.82 TOTAL REPORT ------------) 543,189.01 #4+ City of Diamond 'Bar RLN TIME: 17:59 09`29/91 V O U C H E R R E G I S T E R PAGE FUND 5 U M M A R Y REPORT DUE THRU.............I !iCA;' 4 DISBURSE G/L GJE WILL POST GJE HAS POSTED FUTURE TRANSACTIONS FUND ------------------------------------------------------------------------------------------------------------------------------------ TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENLE EXPENSE 001 General Fund 462,172.28 54,221.14 452,20 407,498.34 138 LLAD #38 Fund 12,137.81 12,137.81 139 LLAD #39 Fund 10,711.77 10,711.77 125 CDBG Fund 3,694.00 3,694.00 225 Grand Av Const F 3,050.00 3,050,00 112 Prop A -Transit F 13,969.48 13,469.48 118 Air Quality Imp 1,773.05 1,773.05 115 Int Waste Mgmt F 116.91 141 LLAD #41 Fund 925.50 q,,50 250 C.I.P. Fund 34,638.21 ;,4,638,21 TOTAL------------ ------------ ------------------------------------------------------------ ------------ ALL FUNDS 543,189.01 54,221.14 452.80 488,515.07 CITY OF DIAMOND BAR f (� AGENDA REPORT AGENDA NO. 4p -I TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 yqi) REPORT DATE: September 22, 1994 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - June 30, 1994 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of June 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 by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: Kr; "';WLW by i rrence L. Belanger City Manager - - . ... .,,.,.—1 Assistant City Manager Yes No Yes X No Yes X No Yes X No -16 Linda G. a uson Accounting Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - June 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 June, 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 June 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 June 30, 1994 GENERAL FUND $6,227,212.78 $675,899.44 $1,021,800.44 $50,886.48 (28,965.75) $5'932'106.26 TRAFFIC SAFETY FUND 18,679.21 10,392.74 2,481,699.49 263,311.21 1,456.98 (253,906.10) 2'989;534.63 GAS TAX FUND TRANSIT TX (PROP A) FD 892,937.62 60,503.38 33,906.37 ( 26,756.10) 1,381,608.07 TRANSIT TX (PROP C) FD 1,366,407.35 41,956.82 18,976.84 14,875.22 45,148.84 INTEGRATED WASTE MGT FD AIR QUALITY IMPRVMNT FD 41,047.22 45,404.56 15,956.96 1,524.28 59,837.24 275,733.48 PARK FEES FUND 272,91720 2,816.28 (1,338.49) (33,353.47) S PARKS GRANT (PRP A) FD COM DEV BLOCK GRANT FD (32,014.98) (17,712.23) 17,715.23 16,649.22 (16,646.22) 247,154.35 LANDSCAPE DIST #38 FD 293,681.39 2,893.13 617.87 49,420.17 19,036.83 42,524.48 LANDSCAPE DIST #39 FD 60,943.44 154,775.98 1,608.42 5,971.26 150,413.14 LANDSCAPE DIST #41 FD GRAND AV CONST FUND 418,278.52 4,558.10 37,062.02 413,720.42 0.00 TRAFFIC MITIGATION FEE FD (947.90) 123,473.11 931.60 36,114.12 35,275.40 37,622.94 26,752.25 162,403.22 CAP IMPROVEMENT PRJ FD 155,989.61 6,413.61 SB 821 FUND SELF INSURANCE FUND 66.82 3,969.96 887 1 301,185.00 187 $0.00 95.00 274,546.78 12,469,329.29 39.19 $1,123,963.49 $12 3 $1,541,773.39 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $46,277.56 PAYROLL ACCOUNT 49,125.50 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $96,078.06 INVESTMENTS: TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 L.A.I.F. 12,373,251.23 TOTAL INVESTMENTS 12,373,251.23 TOTAL CASH $12,469,329.29 ry�VCiV GU ////// CARL WARREN & CO. �Jy Insurance .adjustors 94 SEp 14 PM 2*- 16 Claims Management and Administration 750 The City Drive suite 400 Orange, CA 92668 Mail: P.O. Box 25180 Santa Ana, CA 92799-5180 (714)740.7999 (800) 572-6900 FAX: 714-740-7992 TO: City of. Diamonds Bay ATTMIONt Lynda Surge a*, /AAA,,.. City, e7 ark : n 17 F 2 Df Rowsow 8-#� t 'P yrs. action W-0 �, r EXT" 2L Vim VLtlkrdKm"- TRB ORIGMAL-r."'il Govtrrt�t COde� `h h claimant,- red a v OF- S44 F See Goverrmee claimant'e:� Present a La Codes 3et4 *itten res our • further adv L Plot" piovidt us w� t "note. s YOU baF6 71 any°, 4*100.411 1Mu it ot.. thet.. y W w Very; ;` L WAIiR Dwight J the Aon of X than SPT OF Vis. See to the five to -OP% DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 1. Claims for death, injury to person or tc, pemonal property must be filed not later than ( r,os. after the occurrence. ;Gov "ode Sec. 311.x) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place )f accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to five full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant EMMA L. TORTOR::CI Home Address of Claimant City and State 1229 Longview Drive Fullerton, CA 92631 Business Address of Claimant City and State none CLAJ.II No 94 SEP -8 P;1 2: 05 Age of Claimant (if natural person) —79— Home Telephone Number (714) 871-8663 Business Telephone Number C.,ive address to which you desire notices or comraunicazions to to sent regarding this claim. KURT KUPFERMAN, ESQ. PC) BOX 2662 262 Lugonia Street Newport Beach, CA 92658 How did DAMAGE or INJURY occur? Give full partculars. Walking along sidewalk on Meadowglen, Diamond Bar; my right foot slipped out from under me, on a slippery substance, and Ifell onto my left .hand and wrist. il4 nen did DAMAGE or INJURY occur? Give full particulars, date, time of day: April 16, 1994, 7:30 PM Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: On sidewalk near 1578 Meadowglen, Diamond Bar, CA 'What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: Failure to remove slippery substance from the public sidewalk. �i'hat DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Fractured left wrist, and related injury to hand and arm. What AINIOUNT do you claim on account of each item of injury or damage as of date of -presentation of this claim, giving basis of computation: Medicals to date: $1,500, based on billings to date for examinations, reduction, and physical therapy. Domestic help to date: $500. Give ESTliMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: Future medicals including reexaminations, further physical therapy, etc.: $3,000 General Damages: Estimated at $15,000. SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, _..d na.—nes of :::surance Company: none Expenditures made on accouia. of accident or :n;ury: (Daze—Item) -- (Amount Domestic help, from date of accident. $500.00 "same and address of Witnesses, Doctors and Hospitals: Grandson, age 9 Family Urgent Care Center 1201 N. Euclid Street Anaheim,CA 92801 Dr. Mar -'in C. Nation, MD 710 North Euclid Street Anaheim, CA 92801 READ CAREFULLY For all accident claims place on foL'owing diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at timimpact by "X." e of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS Lj FOR OTHER ACCIDENTS If Signature of Claimant or person filing on his behalf giving relationship to Claimant: MEADOWGLEN SIDEWALK Typed Name: EMMA L. TORTORICI CL:�^.S :,AT -'ST BE FILED WITH CITY (=.-.�K (GOV. CODE SEC. 915a) . f ) Date Aug. -40 1994 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: (� TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 REPORT DATE: September 20, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Release of Grading Cash Bond Posted for 2920 Wagon Train Lane in the "Country" in Diamond Bar. SUMMARY: The Principal (Praful H.Shah, M.D.) desire release of a cash bond posted for grading located at 2920 Wagon Train Lane in the amount of $21,600. The Interim City Engineer finds that Principal has performed all work as shown on the approved As -Built grading plan, on file with the City. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the cash bond which was posted with the City of Diamond Bar- in April, 1993 as a condition precedent to issuance of a grading permit for a single family residence grading at 2920 Wagon Train Lane in the amount of $21,600.00; 2)instruct the City Clerk to notify Praful H.Shah, M.D. and Chino Valley Bank of the City Council's action. LIST OF ATTACHMENTS:x Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file _ Ordinance(s) in City Clerk's Office) Agreement(s) X Other: Final Engineering Certificate and Cert. of Deposit EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? N/A 5. Are other departments affected by the report? Yes x No Report discussed with the following affected departments: N/A REVIEWED BY: Terrence L. Belan r Fra t s- George A. Wentz City Manager 7 Assistant City Manager A I LInterim. City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Grading Cash Bond Posted for 2920 Wagon Train Lane ISSUE STATEMENT: The Principal (Praful H. Shah, M.D.) desires release of a Cash Bond posted for grading located at 2920 Wagon Train Lane in the amount of $21,600.00. The Interim City Engineer finds that Principal has performed all work as shown on the approved As -Built grading plan, on file with the City. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the Cash Bond which was posted with the City of Diamond Bar in April, 1993 as a condition precedent to issuance of a grading permit for a single family residence grading at 2920 Wagon Train Lane in the amount of $21,600.00; and 2)instruct the City Clerk to notify Praful H. Shah, M.D. and Chino Valley Bank of the Council'js action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's 1994-1995 budget. BACKGROUND: The grading on this 2 acre lot was for a 7,900 square foot single family residence. The lot was inspected and final grade was approved on September 15, 1994 by the City's Consultant, Mr Jack Ozdere of Ron Kranzer 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: Owner: Tract No.: Financial Institution: Amount: PREPARED BY: Anne X. Garvey 2920 Wagon Train Lane Praful H. Shah, M.D. 30289 Chino Valley Bank $21,600.00 ._ .._ JUN -01-19.1 TUC ' 00 ; 77. I M C I TY OF D j FtIOND PAIR TEL No 1 14-661.311? CITY OF MWO-ND MR 21660 H. COPLEY D1uyL, surrp 1CirJ i3W,{Oiyo $Arc, c t 911oJ 714-44,O-CrrY 714-W •� t SUPERVIS&D OWING INSPECTION CEfITxL`tCATE Joa XPOPSS/TRACT NO. X920 Wagon- Train Lane, Diamond Bar IPSRMx1' N,O. Cr'R CONTRACTOR - --~. I catrt.ifY that' tho earth .tUIO PlAcgd on tha following lots were tnntalled upon com at ,.rid Propgrly VrApzr'Ad bd�a tnaccrial, an4 -jal rem t A comp at ( Cndq ZcCtAon 7010, x �Eurthar certir p-!:•l�cU with ruquir..nanc,: angl,n4Rt;�,tt� +JcolQglst, r.alntive to thi» Y ::tAar_ Nharij the ruport cir rvporti oe M_tn, have r,,ogMMr?ndad the instbj.dct0n ct bUttr t`ill� or Qrhor . rlimil4r atab4lixa,tion 1n&A1wrQs•; --tch trarthvork conn>rructlon c°mD1mC� i» R�:eo�cl.anre `lith t:hd4 ttPProvud claaign. LOT Nos 5efez vopd�� dated for cwpaotlan test dAt�;r rr,cornrr3ndgrl hi.i.,nw1hid s bv:�r.tr�r..i/uluc►s ,tin qc Qr rucommanda.tlon:j. rxPM$,XV1r. SOILS (Y45) (HO) 1=NOs . BVTTR-r l:i rXLLS ( Yr3 ).-(1;0) -(N0) Lor Nos. A gr14tu1 c suPFRVT 11�10 aRabiNr, irN�cINY.!LR � � RaUCN �R,�DZNG CF_R'1'J ><TC�TION X 4artify to tha 3AtiSfactory completion oe-rough gradSng;Sncll!dingt Qzadtng to approx!m; sinal uX�tV tion , pknY�nrty ).'riaY.!oc:tZrwd and �takod� cur and t!],1 0104,, carrnctLy �rsc and ? qa%t ct 1n Uco6rdunec with the :.S,Provon duuS,gn sw8? o� and tcri:« �y ��r�dcr: rwa�ty t ylvitt�7, berm. in:�e;..l,lrc? ;.nd rn, u��wn .ciXalnanv� ;'r' opc:� prov{ Su,4 on th-- hutitinq pzrl:a . LurChcl' , oprtley that whrru rw ,crt ov rdporty of an Logi nccring ;;,o! cq1,-,t '=ngir,�+w�C h�l.vrr be eT1 prnFiaraC ro? �I yk! to th.L:c ai.lc , tha rccn:wenciacij)nx ccrta,n�ict 1n a� rspnrt�i h;�+.Yo b�ut� followc in the pzonaGut+.ren o�`.'_r,_'T 'LO`:' NCI, . LOT 24 TRACT 3 0 2 b 8 r GRADED PER "AS BliILT" GRADING PLAN Y. � C •t•s.. -M Rag.No.���� StJp RVx�i'7 Ci f D, INC �NCINF ER' S rYj +err r,RJ�J* T_NC CJ v AT �nh1 wlc��` F�. ;:i M. 11 i *4rtif to tha aatiufnctory cotn�ldttgn of grsdin yy in agcoVdanct w ����u3 rwi 7 Qr��l�za�,.t Qavicu�t nava b4vn .�.t�ut+il.ut2t alu �, ,i..nt�n µ.a e PIAIL tiarl 4Y4tam avv rt d h i 7 �" x :.,.s. d? P i 4 (ti+hara :gc�ulY:,d) j :,,Zci sduruuts proV�uiOn�1 h+sv.r t, ctrt:tnn AVrrAvzo watcru irprn ya�� bui`diny s!.tU, 7nu rW[pmn�nc�utScnd of r,ha a oX bnySnaaxSn� gr�p.Loc�ittt (i f such j�arscih, uAr,Z employed) ?lav,. t,enn Sncorpar.,.t.:njinttha-Aria' fr:�c�tr��j- Nn � •BOG Rnc�. arm aino Walley`Bank, CAS -Ii D-f=G-c=_ I.1 It= or Gn'z.^.�- 3G*1D (=a=_ � jL B _CP� �+2iC_, LJIcCZ S v',: ` ) AYAD CC:1Si21i OF Cbi no Val ley bink (here inaftar 3^.c_aI Zsc_=zt_cr.") _2reb,. ac�cw_ has 3c Pnful. H. Shah, M.D. (hare;. a=ta_ "repos: _ .r") 'Yas de_cs: ted -_•- __,an c___=rs-'_tat_cr tte sua cf --r - -= a -c =_ _ :s=_=___cr z, c r_edges a== ---- c:ac e depcs?t s -_..ds ;- the nasa of ``_e City of Ci ---cd 3z=, a r .._pa� co _ _. .on (hs_ __,ante_ : a "C :') , ar._ thz. L.Ya C: C,w;.e'_' C= SuC: 2c:CL'.'_�. No _`a: ds bei7:-fS°.�i�:.f=cm s d acct- .'.- i' w --hcut tia e.Y_ Cris, czmsazt C. =_'-:aL any i:ta__st e__.___ c:. ..:e daces; s.:__? .__.:; tz t. a CeccSi=_.,. ar aC : c—w— 3^Cas Z C a=aes -e �ate'v :a_r to t.:_ C= - s*;c:_ amcu-- (r_- exc=_ed_-c, _ . t~= agg_egate, t.e Sur- Specl_'_sd a Cve) as =av __ =e^ estaii 3v Camel. ac!mc+T;9GCes and ac-aes t.La= siall be pa�_ _. t' ie Ci*.r notwi`.hstanda�c ar: i ccm-=arjr --St cy.ic t :cam` may have been given ;^,v the Deposi-ar. F: :ancia lns -cresents t.-- Cis r and ' a=.i..,- that the e: t'_re a- cunt o: :Me pr- rc;rle or, de, csit as pro•r:ded he-re—in is t.::CL'C1 t.e ��'�_'"3� eC 1` a _a�'1 �+ -tee D - os In s a ane Cor-r,o , c^. (r JI) c= , .__ Savings and Laan =-Zsu w^.C2 COTCiZZ-cn (:s ic) . tt_s ac:cicwledgement and ccrsant is exec-� ad t' __ day of- bXi l 7 , 19 9-- =T;L'fCIAL =VSTI =C2i: B:(: 109 South Del Mar A,,'CnLic • P.O. Box -i0 • San Gabriel. CA 91--8 • ('818) 286-3166 i PTTV nLI nTWIRM RAR AGENDA REPORT AGENDA NO. (o. / TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 REPORT DATE: September 20, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Brea Canyon Road SUMMARY: Diamond Bar Boulevard, between Grand Avenue and Brea Canyon Road, is in need of pavement rehabilitation and/or reconstruction. On August 16, 1994 the City Council authorized staff to advertise for bids for the Diamond Bar Boulevard Reconstruction/Rehabilitation Project. At this time, the City proposes to award a construction contract to the lowest responsible bidder. RECOMMENDATION: That the City Council award a construction contract to Griffith Company in the amount not -to -exceed $1,064,666.05, authorize up to $15,000 for construction inspection services to Dewan, Lundin & Associates, and provide a contingency amount of $100,000 for project change orders to be approved by the City Manager, for a total authorization amount of $1,179,666.05. LIST OF ATTACHMENTS:X Staff Report _Resolution Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) _ Other 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: Te ence L. Bel g4 Frank .UsherGeorge A. Wentz City Manager Assistant City Manager Interim City Engineer C:\NP60\IINDAKAT\AGENDA-9\DBrehab.920 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Brea Canyon Road ISSUE STATEMENT: The City proposes to award a contract for the Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Brea Canyon Road to Griffith Company, the lowest responsible and most qualified bidder. RECOMMENDATION: That the City Council award a construction contract to Griffith Company in the amount not -to -exceed $1,064,666.05, authorize up to $15,000 for construction inspection services to Dewan, Lundin & Associates, and provide a contingency amount of $100,000 for project change orders to be approved by the City Manager, for a total authorization amount of $1,179,666.05. FINANCIAL SUMMARY: The total allocated project budget is as follows: GAS TAX: $ 400,000 PROPOSITION A: $ 150,000 PROPOSITION C: $ 450,000 SB 821: $ 50,000 DEVELOPER'S FEE: $ 28,000 SUB -TOTAL $1,078,000 * STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP) FUNDS/GRANT: $ 116,000 TOTAL AVAILABLE FUNDS $1,194,000 1 Diamond Bar Boulevard October 4, 1994 Page Two * The SLTPP was implemented in 1989 to encourage local agencies to fund and construct transportation improvement projects both on and off the State Highway System. The City applied and received approval of this project for the 5th cycle (1994-95 State Fiscal Year) of the SLTPP. Funds for this program came from the State Highway Account (at a level of $200,000,000 per fiscal year) and are included in the Governor's Annual Budget. BACKGROUND: On August 16, 1994, the City Council authorized staff to advertise and receive bids for the Diamond Bar Boulevard Reconstruction/Rehabilitation Between Grand Avenue and Brea Canyon Road. In response to the advertisements, a total of twenty-one (21) contractors obtained plans and specifications for the project. DISCUSSION: Formal bids were received and opened on September 8, 1994 from nine (9) firms. The bids include the utilization of Asphalt Rubber Hot Mix (ARHM) overlay of various thickness (1 1/4"-2 1/2"), the reconstruction of northbound number two lane from Pathfinder Road to Quail Summit Drive and the southbound number two lane from Grand Avenue to Quail Summit Drive with 2 1/2" ARHM/2"AC/20" Class 2 aggregate base, and other incidental and appurtenant work necessary for the proper construction of the improvements. Asphalt -rubber is manufactured in specialized equipment in which the rubber (20-25% ground recycled tire rubber) and paving grade asphalt (75-80%) are blended and reacted by a time/temperature formula into a thick fluid. There is evidence that such a mix can extend pavement life, provide a quieter riding surface, improve skid resistance, reduce pavement damage since the material helps seal water out of the base material and be of an environmental benefit. It is estimated that approximately 50,000 scrap tires will be utilized towards this project. The bids received were as follows: 2 Base Bid Plus Company Base Bid Amount Alternates IX. X and XI (Thermoplastic Pavement Markings & Raised Pavement Markers) 1. Griffith Company $1,049,966.05 $1,064,666.05 2. Sully -Miller Contracting $1,055,154.60 $1,070,154.60 3. R. J. Noble Company $1,062,663.30 $1,078,413.30 4. All American Asphalt $1,077,409.40 $1,091,167.40 5. J.E.G. Construction Co. $1,126,115.80 $1,140,915.80 6. Excel Paving Co. $1,144,243.60 $1,158,107.60 7. Shawnan Corp. $1,212,679.00 $1,226,679.00 8. Boral Resources $1,224,734.06 $1,239,334.06 9. Gentry Brothers $1,274,924.80 $1,289,970.80 2 Blu....,�.1 D. 13.,.L—J October 4, 1994 Page Three The bid of $1,064,666.05 submitted by Griffith Company, has been determined by staff to be the lowest responsible bid. Griffith's references have been contacted and staff has received favorable responses. CONSTRUCTION INSPECTION SERVICES: To ensure this project will be constructed in compliance with the approved plans and specifications, staff initiated a request for proposal to procure an engineering firm for the inspection services. In response to the request, a total of six (6) proposals were submitted for consideration. These firms and their respective not -to - exceed fees are as follows: ** Based on overlay/reconstruction of approximately 3.2 miles of A.C. pavement and a construction period of 60 calendar days. Proposals from these firms were reviewed and evaluated based on demonstrated track record, adequate number of staff assigned to the job, experience of team members, ability to work with City staff, knowledge of local conditions, involvement with related projects, ability to keep on schedule, ability to stay within budget, and demonstrated interest by the consultant. In light of the above mentioned criteria, and DL & A's prior experience with street rehabilitation projects utilizing ARHM, it is recommended that the City award the attached professional services contract agreement to DL & A in an amount not -to -exceed $15,000. Prepared By: David G. Liu C:\WP60\LINDAKAYNCCR-94\DBrehab.920 ** By Firm Inspector Total Estimated Hourly Rate Not -To -Exceed Fee 1. SA Associates $48 $11,500 2. Dewan, Lundin & Associates $42 $13,440 3. R&W Highway Inspection Co. $48 $17,280 4. GFB-Friedrich & Associates $55 $26,160 5. Nolte and Associates $75 $28,730 6. Dwight French and Associates $55 $37,873 ** Based on overlay/reconstruction of approximately 3.2 miles of A.C. pavement and a construction period of 60 calendar days. Proposals from these firms were reviewed and evaluated based on demonstrated track record, adequate number of staff assigned to the job, experience of team members, ability to work with City staff, knowledge of local conditions, involvement with related projects, ability to keep on schedule, ability to stay within budget, and demonstrated interest by the consultant. In light of the above mentioned criteria, and DL & A's prior experience with street rehabilitation projects utilizing ARHM, it is recommended that the City award the attached professional services contract agreement to DL & A in an amount not -to -exceed $15,000. Prepared By: David G. Liu C:\WP60\LINDAKAYNCCR-94\DBrehab.920 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and the City Attorney, by and between Griffith Company hereinafter referred to as the"CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the City's request for proposals, bids were received, opened and declared; and WHEREAS, City did accept the bid of Contractor Griffith Company 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 the Diamond Bar Boulevard Street Rehabilitation Project in the City of Diamond Bar. 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 the Diamond Bar Boulevard Street Rehabilitation Project in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 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, 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. 3. TERMS OF CONTRACT 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, and to complete 1 his portion of the work within sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) 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 City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance 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 require every employer to be insured against liability for workers' 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 sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 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 of. Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be 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 City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in a form satisfactory to the City. 3 d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 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. e. 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 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 works 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. The Contractor shall forfeit, as penalty to City, 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 pre- vailing 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, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly 4 indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 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 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 contribution to funds established for the administrative 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 E constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of 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 sub- contractor 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 account- able 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 mis- conduct of City, its employees, servants or independent contrac- tors 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 pro- vided 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: 6 a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or 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, is 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 and any 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 damages 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 dated September 8. 1994. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such 7 termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 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. 032168 Griffith Company. 12200 Bloomfield Avenue Santa Fe Springs CA 90670 SEPTEMBER 19, 1994 Date ! d By: D RYL RUTLEDGE ASSISTANT DISTRICT MANAGER TITLE CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR By: CITY CLERK Date Contractor's Business Phone (310) 929-1128 Emergency Phone at which Contractor can be reached at any time 714/993-3534 APPROVED AS TO FORM: CITY Date��— C:\WP60\LINDAKAY\AGREE-94\DBREHAB.914 8 ENG. DEPT. SEP 9ISS4 ME ow PROPOSAL FOR CONSTRUCTION OBSERVATION & ADMINISTRATION SERVICES DIAMOND BAR BOULEVARD STREET REHAB. - RECONSTRUCTION PROJECT CITY OF DIAMOND BAR SEPTEMBER 9, 1994 PRESENTED TO: MR DAVID LIU SENIOR ENGINEER CITY OF DIAMOND BAR 21660 EAST COPLEY DRIVE, SUITE 190 DIAMOND BAR, CA 91765-4177 PRESENTED BY: DEWAN, LUNDIN & ASSOCIATES (DL&A) 12377 LEWIS STREET, SUITE 101 GARDEN GROVE, CA 92640-4643 •Civil Engineenng • Surveying • Project Management r E� y �7_ September 9, 1994 Mr. David Liu Senior Engineer City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, CA 917654177 SUBJECT: Proposal for Construction Observation and Administration Services for Diamond Bar Boulevard Street Rehab/Reconstruction Project. Dear David, Dewan, Lundin & Associates (DL&A) is pleased to present this proposal to provide construction observation services for the subject project. DL&A is a minority business enterprise (MBE) which provides engineering consulting and related services to various government agencies and institutions. As a small business DL&A is committed to personal service, high quality products, close communications and enduring client relationships. As an MBE, DL&A offers compliance with contractual requirements pertaining to affirmative action. DL&A has a staff of professionals capable of providing construction observation of street _ improvement projects. The responsibilities of our observers have included reviewing qualifications and bids of contractors, scheduling of construction, assisting contractors in the interpretation of plans and specifications, approving contractor billings, coordinating final inspection, and preparing as -constructed plans after project completion. DL&A is very familiar with the use of asphalt rubber hot mix (A.R.H.M.) for street rehabilitation purposes. We have recently completed a similar project using A.R.H.M. for the City of Cerritos, and are presently in the process of preparing plans for the rehabilitation of Firestone Boulevard for the City of South Gate, from Alameda to the Easterly City limits using A.R.H.M., total length approximately four miles. Mr. Davis Hart, construction observer assigned to the project has over 20 years of construction observation experience and has recently completed a similar project using A.R.H.M. for the City of Cerritos. The project consisted of rehabilitation of Valley View Avenue from 183rd Street to Southern Pacific Railroad, total length approximately one mile. r r a September 9, 1994 Page 2 Mr. Walt Lundin, P.E., principal of DL&A, would be assigned as the Principal -in -Charge of construction observation services. Mr. Lundin has over 16 years of construction management experience and has been responsible for construction observation and administration, estimation of probable construction costs and site development of a wide variety of civil and commercial projects. We are confident that Mr. Hart's prior experience of providing observation services to the city and our sincere interest in working for the City of Diamond Bar will result in favorable consideration. If you need additional information please contact me. ■ M r M Sincerely, DL&A Dewan, Lundin & Associates Surender Dewan, P.E. Principal ■ M r M a 0 SCOPE OF WORK - WORK APPROACH ■ SCOPE OF WORK The City of Diamond Bar has approved plans and specifications for reconstruction/ rehabilitation of approximately 3.2 miles of Diamond Bar Boulevard. The proposed project consists of reconstruction of existing pavement, cold planing, rehabilitation of existing pavement with asphalt rubber hot mix (A.R.H.M.) overlay, construction of concrete rbus pads, striping and placement of existing loops. Construction Contract Documents allow the contractor to complete the work within 60 calendar days. Request for proposal (RFP) indicates a start date of 10/3/94 and a completion date of 12/3/94 which allows a total of 40 working days excluding Saturdays, Sundays and Holidays. The scope of work, as set forth in the Request for Proposal, includes construction observation and administration in accordance with the plans and specifications, and as follows: Is 1. Attend pre -construction meeting. 2. Perform observation and administration of construction to assure that the Contractor is in compliance with all aspects of the construction contract and make daily reports (submitted weekly); 3. Review construction and material compliance with the Contractor and indicate deviations from plans and specifications; 4. Facilitate cooperation with public utilities, and the general public; 5. Measure and complete actual construction bid quantities for payment. Provide monthly pay estimates and final schedule of project costs; 6. Review Contractor's requests for extensions of time and recommend approval or rejection; 7. Answer Contractor's questions regarding design issues; r8. Develop field support data for use in evaluation of change orders and claims; 9. Conduct final observation and develop a "punch list"; 10. Maintain project construction records and mark a legible set "As -Built" plans to be given to the City at the end of the project. Is F1 Ll a ■ ■ WORK APPROACH The work approach for completing the above listed items would be as follows: 1. DL&A would provide an observer/administrator on the job. He would be equipped with vehicle, pager or mobile telephone, measuring tools, contract specifications, standard specifications, plans, etc. 2. The observer would report directly to the Designated City Contract Administrator. 3. The observer/administrator's duties are set forth in the Scope of Work for the project. Guidance for the manner in which those duties are carried out best described in: 1) Project Plans and Specifications 2) Standard Specifications for Public Works Construction, 1994 Edition 3) Public Works Inspectors Manual (Published by Building News Inc.) FEE PROPOSAL FOR CONSTRUCTION OBSERVATION & ADMINISTRATION SERVICES DIAMOND BAR BOULEVARD REHAWRECONSTRUCTION PROJECT CITY OF DIAMOND BAR SERVICE ESTIMATED FEE 1. It is estimated that our observer will spend on an average six (6) hours a day at the job site. Therefore assume: 7(hours) x 40(working days) x 42(hourly rate) $ 11,760.00 2. It is estimated that on an average one (1) hour a day will be spent on administration work. Therefore assume: 1(hour) x 40(working days) x 42(hourly rate) $ 1,680.00 Total N.T.E. Fee: $ 13,440.00 NOTE: In the event the duration of the contract was to exceed 60 calendar days, additional services will be provided at $42.00 an hour. ■ ■ r 7-1 7 ■ 7: CONSTRUCTION OBSERVER/ADMINISTRATOR DAVID V. HART EDUCATION Associate of Arts, Real Estate, Santa Ana College Bachelor of Science, Business Administration, University of San Francisco Certificate of Completion, CalTrans Standard Contract Administration and Change Order Procedures - 1991, University of California Institute of Transportation Studies PROFESSIONAL BACKGROUND Mr. Hart has experience in construction observation and contract administration of projects such as street rehabilitation, street lighting, storm drains, water and sewer systems, park and recreation facilities, and various structures. Included in Mr. Hart's area of construction observation experience, Mr. Hart has been responsible for reviewing qualifications and bids of contractors, scheduling of construction, assisting contractors in the interpretation of plans and specifications, approving contractor billings, coordinating final inspection, and preparing as -constructed plans after project completion. In the area of contract administration, Mr. Hart has been responsible for preparing bid documents, processing progress payments and change orders, coordinating materials and soil testing, and record keeping for various types of public works type projects. Valley View Improvements, Project No. 1341, City of Cerritos - Construction Observer. Slurry Seal Project - Area 2, City of Diamond Bar. Countv of Los Angeles - Construction Observer. Campus Roadway Improvements Proiect. University of California Irvine, County of Orange - Contract Administrator_ Foothill Boulevard Improvement Project, Rancho Cucamonga, County of San Bernardino - Construction Observer for this FAU project. Chide Water Pipeline Project, City of Pico Rivera County of Los Angeles - Contract Administrator. Chide Striping Project, South Gate, County of Los Angeles - Contract Administrator for this HES project. -4 Long Beach Boulevard Improvements, South Gate, County of Los Angeles - Inspector and Contract Administrator for the re -construction of Long Beach Boulevard, an FAU project. Firestone Boulevard Pipeline Project, South Gate, County of Los Angeles - Inspector and Contract Administrator. Street Lighting Project, South Gate, County of Los Angeles - Inspector and Contract Administrator. Previous work experience included oversight and direction of construction, completion and sales of more than 100 single-family homes in Orange County as an owner -builder. Duties included site acquisition, liaison between governmental bodies on zoning, planning and approval of projects, arranging financing for construction loans and take out loans, working with sub -contractors in securing and awarding bids on various phases of construction, both onsite and offsite, estimating quantities and purchasing of materials necessary for completion of projects, supervising construction through completion and supervising sales efforts. 4 C 4 J CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 6Y TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 REPORT DATE: September 26, 1994 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: AWARD OF CONTRACTS FOR MINUTE SECRETARY SERVICE SLN54ARY: The City has utilized the services of a contact secretary to transcribe minutes for the City Council, Planning Commission, Parks and Recreation Commission, Traffic and Transportation and General Plan Advisory Committee Meetings. These services allow clerical staff more opportunities to effectively handle contact with the public, answer phones, complete agendas, post notices, complete mailings for hearings, and other duties as required. It has been proven that it is more cost efficient and effective to utilize the services of an outside Minute Secretary, than to have City staff prepare minutes. On August 1, 1994, staff prepared and mailed five (5) Request for Proposals for the services of a Minute Secretary - four persons responded. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with Geiger Professional Services for Minute Secretary service for City Council and Planning Commission meetings for a total of $16,000; and enter into an agreement with Carol Dennis for the Parks and Recreation and Traffic and Transportation Commission meetings for $4,000 for the period of October 1, 1994 to June 30, 1995, with a one year renewal option for the City. It is recommended that the City Council allocate an additional $1,000 to cover these services. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes No by the City Attorney? 2. Does the report require a majority 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? X Yes _ No Report discussed with the following affected departments: City Clerk, Community Development Community Services, Engineering REVIEWED BY: Terr ce L. Belar&e Frank Usher Kellee A. Fritzal City Manager Assistant City Manager Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AWARD OF CONTRACT FOR MINUTE SECRETARY SERVICE ISSUE STATEMENT: Should the City enter into two Agreements for contract Minute Secretary Services for the City Council and Commission Meetings? RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with Geiger Professional Services for Minute Secretary service for the City Council and Planning Commission meetings for a total of $16,000; and enter into an agreement with Carol Dennis for the Parks and Recreation and Traffic and Transportation Commission meetings for $4,000 for the period of October 1, 1994 to June 30, 1995 with a one year renewal option for the City. It is recommended that the City Council allocate an additional $1,000 to cover these services. FINANCIAL SUMMARY: The funding would be from the individual department's Professional Services accounts: City Clerk - Community Development - Community Services - Public Works/Engineering- (001-4040-4000) $8,000 (001-4210-4000) $8,000 (001-4350-4300) $2,000 (0014553-4000) $2,000 It is recommended that the City Council authorize an additional $1,000 to cover the expenditure. BACKGROUND/DISCUSSION: Since December, 1990 the City has retained the services of a contract minute secretary for various Council, Commission and special meetings. The retention of an minute secretary allows for the clerical staff the opportunity to more efficiently and effectively perform their duties. For every one hour of a meeting it approximately takes five hours of transcription services for an contract secretary. For the Staff at City Hall interruptions occur when trying to transcribe minutes and it takes longer to transcribe the minutes. In August, the City prepared and distributed a Request for Proposal and distributed to all parties who have expressed an interest to the City or who have previously prepared transcribed minutes, in addition a copy of the RFP was placed on the City's front counter. Four people responded, of those three had previously or currently transcribed minutes for the various Council and Commission Meetings. The fourth proposer was provided an opportunity to transcribe a set of minutes, as a test. After review of the proposals that ranged from $20.00 to $30.00 a hour. The proposals received include: Mary Anderson $20.00/hour Carol Dennis $20.00/hour Geiger Professional Services $20.00/hour Elizabeth Myers Guarantee $3,300 a month for 110 hours at $30.00 an hour. If longer than 110 hours or Special Meetings - $40.00 an hour Based upon the proposals and quality of work, it is Staffs recommendation that Geiger Professional Services and Carol Dennis be retained as Minute Secretary. Attachments Request For Proposal Geiger Professional Service Proposal Carol Dennis Proposal REQUEST FOR PROPOSAL The City of Diamond Bar is seeking qualified proposals for the services of Minute Secretary. If interested, please submit a price quote for completion. PROJECT: MINUTE SECRETARY The City of Diamond Bar conducts various meetings for which minutes need to be transcribed. Minutes are in the form of action minutes, which include summaries of comments from City officials and members of the public. The City is seeking a person who can listen to taped meetings and transcribe the elements of the meetings. Samples of the City format of minutes will be provided. The Minute Secretary would be responsible for the following minutes: City Council - 2 meetings monthly Planning Commission - 2 meetings monthly Parks and Recreation Commission - 1 meeting monthly Traffic and Transportation Commission - 1 meeting monthly In addition to the above stated meeting, there may periodically be two additional meetings: Design Review for Planning and SEATAC, an environmental review meeting. There could be additional "special' meetings of the above stated meet- ings. The City Council and Planning Commission meet for an average of four hours and the other commissions are meet for an average of two hours. The Minute Secretary will be required to attend Planning Commission Meetings on the lst and 3rd Mondays beginning at 7:00 p.m.. REQUIREMENTS: The Minute Secretary will pick up the audio tapes at City Hall and return the typed minutes on disc to the City. The minutes need to be typed on WordPerfect. The minutes will need to be formatted in the same matter as provided on the sample. PROPOSAL: Proposals shall include an hourly rate and any other charges applicable to the completion of the project. The proposal will be for a one year period. Forward quotations to: Kellee Fritzal Administrative Assistant City of Diamond Bar 21660 E. Copley, Suite 100 Diamond Bar, CA. 91765 For specific questions, or additional information, please contact. Kellee Fritzal (909) 396-5690 PROJECT C 1 :� SPP SHEET PROJECT N t iQ8 scyL �,c �BUDGET# �o ROUTE #1 TY COUNCIL APPROVALR DATE r / MEMO (IF ABLE) N" CITY COUN i ] IPORT �1ZLtc C INSURANCE FICATION WORK ? 'OMP LIAB v AGREEMENT F a� � cttld Zee -a- fCQce & PROPOS / 6��/ CITY c NEY CONT c �/ MAYO CLERK�G'��4•— ROUTE #2; ; 'RCHASE ORDER DATE MEMO (IF :) 'ABLE) CITY COUN I I PORT & DATE 0 r ;D (MINUTES IF AVAI LA - L INSURANCE FICATION WORK �:R' ::OMP LIAB (WITH .= DL>' LT. INSURED) SIGNED AGRE;-_ l';T (2) & .PROPOSAL (I: CITY AITC) RNEY _ CONTRACTOR _ MAYOR/;_I`''1' CLERK BONDS PERFOR', NCE LABOR AND MATERIAL PURCHASE ORDER NO. BID AND/OR PROPOSAL FINANCE CITY MANAGER NOTICE TO PROCEED DATE PLEASE LEAVE DOCUMENTS ATTACHED IN PACKET AND RETURN TO PUBLIC WORKS FOR DISTRIBUTION TO CITY CLERK AFTER REVIEWING. THANK YOU. C:\WP60\.I4'DAKA"\PROCED-94\CKOFF.912 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of , 1994, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and Dewan, Lundin & Associates (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional inspection services with respect to the Diamond Bar Boulevard Reconstruction/ Rehabilitation Between Grand Avenue and Brea Canyon Road ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct of which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional inspection services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: 1 B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The performance of professional inspection services described in Exhibit "A" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional inspection services as are necessary to be performed by CONSULTANT in order to complete the Project. (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings will be determined by the CITY. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY and in accordance to the standard of care normally provided by practitioners of the engineering profession. 001 practitioners of the engineering profession. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" to CITY within the time specified by the CITY. Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2. (b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $13,440 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, 3 consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within thirty (30) days of receipt of CONSULTANT invoices. The CONSULTANT shall detail the charges by project task number, hours worked, and employee classifications, total not to exceed amount for the project if it is a time -and -material basis project, and percent completed if it is a lump sum basis project. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 900 of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than sixty (60) days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within thirty (30) days after said invoices are received by CITY. 4 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the Project. (c) Such information as is generally available from CITY files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. CONSULTANT shall not be held liable for use of such documents by CITY for purposes other than intended by the Agreement. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of F1 termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "A", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: David G. Liu, P.E. City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 CONSULTANT: Surender Dewan, P.E. DEWAN, LUNDIN & ASSOCIATES 12377 Lewis Street, Ste. 101 Garden Grove, CA 92640-4643 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 0 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subconsultant to commence work on a subcontract until all insurance required of the subconsultant has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation 'insurance for all persons whom it may employ directly or through subconsultants in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' 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 Agreement." 7 (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000.000.00) for property damage, bodily injury or death to any one person or for any one accident or occurrence and One Million Dollars ($1,000,000.00) aggregate. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least One Million Dollars ($1,000,000.00) per claim and in the aggregate for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing the Project hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, agents and representatives. All 8 policies shall contain language, to the extent obtainable that: (1) the insurer, except the errors and omissions insurer, waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the negligent, intentional and/or willful acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents 01 and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of One hundred dollars ($100.00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT: DEWAN, IQNDIN h ASS001ATU Name and title V --r-- u Approved As T �Form:J CITY OF DIAMOND BAR City A torney ATTEST: City Clerk C:\WP60\L[NDAKAY\AGREE-94\DBrehabsup.920 Mayor 12 ❑TT4 QV DS�IMeasa arra AGENDA REPORT AGENDA NO. U1 TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 REPORT DATE: September 29, 1994 FROM: Bob Rose, Director of Community Services TITLE: Joint Use Agreement With Pomona Unified School District SUMMARY: The Pomona Unified School District has forwarded a proposed joint use agreement to the City of Diamond Bar for the use of school district facilities for recreation programs. The school district approved the agreement at its August 16, 1994 meeting. The proposed agreement then went before the Diamond Bar Parks and Recreation Commission at its September 22, 1994 meeting and the Commission has recommended its approval to the City Council. The purpose of this agreement is to formalize the process by which Pomona Unified School District facilities are secured by the city, plus it spells out the financial responsibilities for the use. The City Attorney has reviewed the agreement and has no concerns with the legal content. A similar agreement with the Walnut Valley Unified School District was approved by the City Council on July 7, 1992. RECOMMENDATION: It is recommended that the City Council approve the joint use agreement with the Pomona Unified School District and authorize the City Manager to sign the agreement. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification _ _ Resolution(s) _ Bid Specifications Ordinances(s) Other: _ X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes N:) 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 N:) Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ REVIEWED BY: Ter ence L. langer Frank M. Us er ob Rose City Manager Assistant City Manager Community Services Director c:\NP60\LINDAKAY\AGENDA-9\treeMA1N.BOB CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Joint Use Agreement With Pomona Unified School District ISSUE STATEMENT: Shall the City Council approve the joint use agreement with the Pomona Unified School District? RECOMMENDATION: It is recommended that the City Council approve the joint use agreement with the Pomona Unified School District and authorize the City Manager to sign the agreement. FINANCIAL SUMMARY: There is $70,000 budgeted in the 1994/95 fiscal year budget for rental of facilities in which to conduct recreation programs. $10,000 of that is expected to be expended utilizing Pomona Unified School District facilities. Only fee based programs capable of cost recovery are scheduled in these facilities. BACKGROUND: It has been a goal of the City of Diamond Bar since incorporation to offer a balanced recreation program to residents in all areas of the community. In order to meet this goal, it is recognized that facilities to house the recreation programs are needed throughout the city. The City of Diamond Bar and the Walnut Valley Unified School District signed a joint use agreement for use of facilities to house recreation programs in 1992. Since that time, the City and the Pomona Unified School District have been working together to develop a joint use agreement for the use of Pomona Unified's facilities. Approval of the joint use agreement before the City Council formally results in achieving the goal of having facilities to house recreation programs throughout the city. DISCUSSION: The Pomona Unified School District has forwarded a proposed joint use agreement to the City of Diamond Bar for the use of school district facilities for recreation programs. The school district approved the agreement at its August 16, 1994 meeting. The proposed agreement then went before the Diamond Bar Parks and Recreation Commission at its September 22, 1994 meeting and the Commission has recommended its approval to the City Council. The purpose of this agreement is to formalize the process by which c:\NP60\LINDAKAY\AGENDA-9\treeMA1N.BOB Pomona Unified School District facilities are secured by spells out the financial responsibilities for the use. The reviewed the agreement and has no concerns with the legal agreement with the Walnut Valley Unified School District City Council on July 7, 1992. PREPARED BY: Bob Rose Community Services Director c:\WP60\LINDAKAY\AGENDA-9\treeMAIN.BOB the city, plus it City Attorney has content. A similar was approved by the Gi X m m a iLL 10 ana��a m P. ;W `am m m!� maga N O � � o Nds•Z�d��O v a�0 ID gMW EFsni�g Slav °c Q i 1. oe egg jF 3 E � � Q t m X m o X c I (�•\ c m 9 � m A o , � ra a A t T o 8 a Orn b a r O < SL r N O' o �^ m m O O o my' �� 4► 1�+ 0 E1 0 _ C >U5m m2D comm oZM av vm ;o=) �C,5Z Z m W �mm 0 7° mac _�� �410M r -+ D zoo spa �Mr oomz mTLn < 0=m < m z .4 H �9d V a O r Cl M 0 n H m z 8 0 s", y a�°zpg00 o G c, `d Ml N z to 0PI) n Om0 z TI 000 n0D. >a0 (D 133 A > rnc� C>, C m 0 O z -0 O n cn No C)m G� C� --o m I A ©�2 m© 9 A o ❑® ra t 8 Orn b AN O' o �^ m m �� O V N M f c; O O s ti v z O m M • M • M O Z �m m m 'T 1 C vzi z • ; N ` MZ M K cl' O AGREEMENT FOR USE OF FACILITIES THIS AGREEMENT is entered into this Fourth day of October, 1994, by and between the CITY OF DIAMOND BAR, a public entity, hereinafter referred to as "City," and the POMONA UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California, hereinafter referred to as "Pomona Unified." RECITALS Whereas, Sections 10900 et seq. and 40040 et seq. of the Education Code of the State of California authorize and empower cities, counties, and school districts to cooperate with each other in organizing, promoting and, conducting programs of community recreation; and Whereas, City and Pomona Unified desire to establish a basis for the cooperative development and use of their respective recreational and educational facilities located in the community; and Whereas; it is in the public interest that the recreational and educational facilities located within the City of Diamond Bar are put to their fullest possible use. NOW, THEREFORE, Pomona Unified and City hereby agree and covenant as follows: A. Principles: 1. City and Pomona Unified may cooperatively plan in the development, use, and maintenance of certain school. and recreation areas, facilities, and buildings, hereinafter referred to as "facilities" to ensure their maximum joint -use for the benefit of the residents of City and Pomona Unified. 2. This agreement covers general requirements needed to effectively implement the overall cooperative program for the City and Pomona Unified. Agreements affecting the development, use and maintenance of specific facilities may be accomplished by an agreement executed for each such facility as currently referenced in Attachment I, or as amended to reflect future improvements. The conditions of such agreement, --come a part of this facilities use agreement, and are subject to the general requirements specified herein. 3. Representatives of the City and Pomona Unified shall confer regularly with regard to the development, use and maintenance of the facilities referenced in Attachment I, to insure their maximum acceptable community use. The Superintendent of Pomona Unified and the City Manager of City are hereby authorized and directed by the respective parties to develop necessary schedules and details in the connection with the operation and use of the facilities for community recreation purposes, which schedules and details shall be consistent with the purpose stated herein. B. Use of Facilities: 1. Pomona Unified agrees to grant to the City, upon application, the use of any facilities located within the boundaries of the City of Diamond Bar which are owned by Pomona Unified, which the City may require in connection with its community recreation programs, provided that the use of such facilities for community recreation purposes shall not interfere with its use by Pomona Unified for public school purposes, as defined by Pomona Unified, or constitute a violation of provisions of the California Education Code or Title V of the Administrative Code of the State of California. 2. Due to the advanced planning necessary for community recreation programs, the City agrees to submit requests for its recreation activities to the designated Pomona Unified staff member on a quarterly basis, no less than 30 days in advance of the first date of use for that quarter, with the exception of activities planned for the Fall season of any year. Requests for activities planned for the Fall season must be submitted no later than May 31 of that year. Submission of a schedule in no way confers or implies the approval of that schedule. 3. The use of school sites or facilities pursuant to this agreement shall be granted subject to the existing rules and regulations of the respective owners of the facilities, except in cases where this agreement conflicts with existing rules, in which case this agreement will supersede those rules. 4. The Superintendent of Pomona Unified and the City Manager of City may delegate the responsibility for establishing schedules for facilities use to the appropriate members of their respective staffs. 5. Permits authorizing use of facilities owned by Pomona Unified to the City shall be considered official and fall under the terns of this agreement only when signed by the Principal of the school site requested and the Assistant Superintendent of Fiscal and Facilities Management, representing Pomona Unified, or their designated representatives. 6.. During use of facilities owned by Pomona Unified, pursuant to this agreement, the City shall furnish qualified personnel deemed necessary by Pomona Unified for the proper conduct and supervision of the activity taking place at the time. 7. Subsequent to the City's use of any facilities owned by Pomona Unified, pursuant to this agreement, the City shall repair, or cause to be repaired, or shall reimburse Pomona Unified for the cost of repairing damage to said facilities occurring during the period of such use, other than that attributed to ordinary and reasonable use. 8. Except as may be otherwise provided for by existing agreement referenced in Attachment I, City agrees to reimburse Pomona Unified, pursuant to Section B, Articles 11 and 12, for Pomona Unified in relation to or arising out of use of the City's use of facilities. 9. Reimbursement to Pomona Unified, for the City's use of facilities owned by Pomona Unified, will be based on the current Pomona Unified facility use fee schedule Attachment H. and Classification of Users Matrix, Attachment III, which shall be in compliance with and based on Section 40040-40058 of the California Education Code, and Pomona Unified's Board Policy/Administrative Regulation 1330, in force at the time the use occurs. 10. Pomona Unified shall prepare an estimate of fees upon request by City, and submit an invoice to the City for, the cost of facilities use occurring during the current semester, within sixty (60) days of the semester's completion. The City agrees to pay any amounts due within sixty (60) days of receiving an invoice for those amounts due. Any changes in the amount due for a semester occurring as a result of a change in use after the preparation of the invoice will be corrected on the invoice for the subsequent semester. 11. As an alternative to cash reimbursement for use of facilities, the City may contribute to Pomona Unified such capital improvements, equipment, materials, or supplies, as Pomona Unified, in its discretion deems appropriate and useful. The value of any contributions will be applied to the amount due for facilities use by the City on a pro -rated basis according to the proportion of expected use by each party, such proportions to be agreed on prior to the acceptance of any contributions. It is agreed that the value of a contribution shall be equal to the actual cost of the contribution. If the value of contributions made by the City in any one fiscal year exceeds the total amount due from City for use of facilities for the same year, the excess amount may be applied towards payment for use of facilities for subsequent years and shall be treated as a Prepaid Rent. At the written request of City, the value of any contribution may be applied to the amount due to Pomona Unified by a third party. C. Indemnification: 1. The City agrees to protect, defend, indemnify, save, and hold harmless Pomona Unified, its governing body, the individual members thereof, and all officers, agents, employees and representatives free and harmless from any and all liability, loss, damage, cost, or expense arising out of any liability or claim of liability for personal injury, bodily injury to persons, contractual liability and damage to property sustained or claimed to have been sustained arising out of activities of the City or those of any of its officers, agents, or employees, whether such as is authorized by. this Agreement or not; and the City shall pay for any and all damage to the property of Pomona Unified, or loss or theft of such property, done or caused by such persons. Pomona Unified assumes no responsibility whatsoever for any property placed on the premises. The City further agrees to waive all rights of subrogation against Pomona Unified The provisions of this article do not apply to any damage or loss caused solely by the negligence of Pomona Unified or any of its agents or employees. The Pomona Unified shall indemnify and hold harmless the City, and its officers, agents, servants, and employees, from any and all claims, demands, actions, causes of action, damages or liability for injury'to or death of persons, or for damage to facility, resulting from or arising out of any act or omissions of Pomona Unified or its officers, agents, servants or employees in the exercise of any right or privilege granted to the Pomona Unified pursuant to this agreement. D. Insurance: 1. City shall, at its own cost and expense, procure and maintain during the entire period of use of the premises and facilities comprehensive general liability insurance issued by a qualified insurer licensed to do business in the State of California or a self-insured program, acceptable to Pomona Unified, with a combined single limit of not less that $1,000,000 per occurrence. Such insurance shall name Pomona Unified, its board of trustees, the individual members thereof, and all other agents, employees, and representatives additional insured. It is understood that City's liability is not limited to the City's policy limits. City understands that this provision is a material term of the permit for use of the premises and facilities. In the event City fails to perform in accordance with the preceding paragraph, or otherwise breaches any other provisions of the permit for use of the premises and facilities, Pomona Unified shall be entitled to recover all legal fees, costs, and other expenses incident to securing performance or incurred as a consequence of nonperformance., E. Use of Equipment 1. Pomona Unified may, upon request, grant to the City the use of any equipment owned by Pomona Unified which the City may require for community recreation purposes, provided that the use of such equipment for community recreation purposes shall not interfere with its use by Pomona Unified for public school purposes, as defined by Pomona Unified, or constitute a violation of provisions of the California Education Code or Title V of the Administrative Code of the State of California. 2. City agrees that in the event of a request for the use of any equipment belonging to Pomona Unified, Pomona Unified shall charge rent for such use, unless rent is waived at the time of the request. All rental rates shall be established prior to the use of equipment and shall be based on the amortized value of the equipment used Rent waivers shall be in writing and shall specify the equipment and the date(s) of use for which the rent is waived. 3. The party using equipment of the other, pursuant to this agreement, shall repair, or cause to be repaired, or shall reimburse the owner for the cost of repairing damage to said equipment occurring during the period of such use, other than that attributed to ordinary and reasonable use. F. Planning: 1. It is contemplated that the respective staffs of the City and Pomona Unified may perform minor and short term planning work for the other pertaining to the use of facilities conducted pursuant to this agreement. G. Maintenance: 1. Facilities shall be adequately maintained by Pomona Unified to ensure the appearance, longevity, and the proper and safe conditions for maximum use of each facility. 2. Joint maintenance of facilities should not be practiced except in emergency situations and specialized cases as may be specified by an amendment to this agreement. H. Terms of Agreement: 1. This agreement shall become operative on the date signed, and shall remain in effect until terminated. Either party may terminate this agreement at any time upon one hundred and eighty (180) days written notice to the other party. I. Amendment and Modification of Agreement: 1. If either party sees a need for modification of this agreement for financial or other reasons, they may initiate amendment proceedings of this Agreement at any time, with thirty (30) days written notice. 2. Should either party, during the term of this Agreement, determine that it is necessary and in the best interests of the public purposes which it is authorized and empowered to carry out, to ten -nine, in the manner prescribed by this agreement, the community recreation use of any or all of the facilities listed in Attachment I, upon such termination all improvements installed or constructed on said facility shall be left in place. 3. If at the termination of this agreement Pomona Unified has a liability in the form of prepaid rents received from City, the amount of such prepaid rents may, at the mutual agreement of the both parties, be contributed towards the payment of use fees arising, out of subsequent Facility Use Agreements. Alternatively, City may designate that such amounts be contributed to a third party for the payment of use fees owed by or prepayment of future use fees for said third party. I Communications: 1. Any notice, demand, request, consent, approval, designation, or other communication which either patty is required or desires to give or make or communicate to the other Party shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, at the following addresses: City: City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765 Attention: City Manager Pomona Unified: Pomona Unified School District 800 S. Garey Ave. Pomona, CA 91,769 Attention: Superintendent _Hl L' -=-'O= TEL:', --818-452-8,525 Sep 29 94 16:16 No.004 P.02 This A mment has been approved and authorized to f she Qea be executed by; Action oovning Board d PbenaatA UAMOd CMMO a to mmdnl of Aupwt 16.1994: Action of ma DtenloM Bar :City Council Calm at its meeting of 1994 and axeouted on the date set forth below, ATi$ST: Po niti d Scho 1 District Board President I cuet aparatinl jeer Date: Data. Approved, m to form: tYwo Counsel ATTEST: Myor Dow _. Approved As to forru: r tttxnay It Data: City of Diamond Bar c1ty Manager Date: F Date: �'= 9.-."2 1 � Attachment I Agreement for Use of Facilities between Pomona Unified School District and the City of Diamond Bar As per Section A, articles 2 and 3, of the above named agreement, the recreation areas, buildings, and facilities at the locations named below are intended to be available, except as noted below, for use by City, according to the conditions set forth in said'agreement, for the conduct of a community recreation program: Armstrong Elementary School 22750 Beaverhead Drive Diamond Bar, CA 91765 Diamond Point Elementary School 24150 Sunset Crossing Road Diamond Bar, CA 91765 Golden Springs Elementary School 245 South Ballena Drive Diamond Bar, CA 91765 Lorbeer Middle School 501 Diamond Bar Blvd. Diamond Bar, CA 91765 Pantera Elementary School Diamond Bar, CA 91765 ATTACHMENT II Pomona Unified School District Use of Facilities PRESENT A Tenant User R 1330 (d) Time A --Operational Hours Fee Schedule for Use of Facilities Time B=Non-Operational Hour (Fees shown are per hour of use.) :......... d ::FarsReri#al.�ih g:.:. �. .:. #' isf7::f';'F3i:?'3>i%'ii'>.i i.ilii J.t•,., j.;.:::v:: yv?xY.tn;. �::•}' is �::}:tij P..S':i}:y r, .... : } x x: ' >;; Labor $12.00 $ 12.00 + Labor $ 24.00 $ 24.00 + Labor Labor $15.00 $15.00 +Labor 30.00 $ 30.00 +Labor •y; };:i�;v J: is ;{';�.?.�`•:;1,:: :yS.?•%!'i :?:vd:`,`�`' ii}}'��J. 7.,J{:..JJnySJ:;i:�:.}•%::€#::i�GY' Labor $15.00 $15.00 + Labor $ 30.00 $ 30.00 + Labor :; }l' \ ?'t•�w,}k;Yt *x J:{•�o , +5:,{;.t?`:l#:: %r FTkI::::. ` •r"' -,;.;''ii Labor $20.00 $20.00 Labor $ 40.00 $40.00 ::1::<::<?:>:: + +Labor A�(w`' : 1�C�y• + Labor $20.00 $20.00 Labor 40.00 $ 40.00 + Labor S.}vA{:i J%.}`?:5�;::'+..,xG~:i:}:ii�'?•}:{i}:ktik':::;}is?��l,Y,.i$:•i:?:ii:%!y>.k,i;: :<�'t};�:/:�'wyf:p�€J3:?;:;y:::.Y;Sri.•I•�.:x{a•.:;••:•:;{:::�i:�}:..''.CC... , {-,.:.:::: :}:#:,»:`> ><:�.: ?:. • :..:::}:`.»::.. ::....:.:...: Labor $25.00 $25.00 +Labor $ 50.00 $ 50.00 + Labor Labor $50.00 $50.00 +Labor $100.00 1 + $00.00 Labor S?•?:•?}}};:qi ry..t{; :< 'r: :} t:?fti�:�'t}•"::;`>.'<�i:i:;3:::::y:t:: iii:#�.'•:Ck�::# <'...:.:f.:.#}J:.:}•..,:..._..;-.}n.:t, �;;'u:k•:.,ky` Labor 2 $ 0.00 2 + r $ 0.00 Labor $ 40.00 $40.00 + Labor k<.:�: x4:.,',',���:',.:�,:;.; %;}iy}Jn�,:v>:}•{:..'•.v:iti�:L.�j r.}v?:'C:r}hv�r�?�kL �:� : Si:'Li;:;:,v';i�#:::$.'•-k}'}..5;:•.v?.'�'iti'''"x kX::ir�J?"}.}?':fi::-k?ice ktivr^p:;;:. to usage. ^J:c.,x• ••j•,,'r.:•:i siskk::]'�kk::Y'f'Idii}in}.,yµ}} }} ...:.. .. ;F: t%�, J: 'Li {' i:' i:Ji'!:{: is $:{::}tttt•:: .•j:4:yi}iii::;:�`ii�;n�" : NC* $15.00* $15.00* $30.00* $ 30.00* Labor $10.00 $10.00 + Labor $ 20.00 $ 20.00 + Labor *Field/parking lot rental fee does not include labor, however, if the fields am left in an unsanitary condition, labor may be required and the Tenant User would be invoiced for field cleanup. It is in the best interests of the Tenant User to leave the area litter free. Facildy Use Notes -The District reserves the right to charge the Tenant User for labor (e.g., custodial, security, etc.) deemed necessary by Business Services to ensure the preservation and protection of any school district facilities. -Prices of interior rooms (e.g., Classroom, Multipurpose Room, Library, etc.) include access to restroom(s). -Field & Parking Lot areas do not include restrooms. -Field fees are for a season of approximately three months. -Set up and tear downicleanup fees would be in addition to the hourly use fee, on fields or inside buildings, where deemed necessary. -Multiple Room Discount: If more than five classrooms are used at a time, a 50% discount is available for additional rooms. -Additional Equipment (e.g., microphones, VCR[I'V, scoreboard, computers, etc.) may be rented in conjunction with facility usage and may require additional technical labor to support the usage. -Time B requires two-hour minimum use. Regulation POMONA UNIFIED SCHOOL DISTRICT approved: 11/17/87 Pomona, California revised: 14 Use of Facilities Attachment ICI E (4) 1330 R! M 0 0 n 7 o .L7 ° tJr C 10-- o 73 8b ;°yQ'3 ° 3:0 >•° a0 z °w`06 > u9 ;Xw4: O a o s p do r V ' $ OR .o.d w M � v Ee �.� u" ' 0 0 V?� 0 Z 0 �� 0 xis o > b gQ:c v Qc�C7V�v� o � v 4.1 114.a� o CA ,� O • o b •> v1 0 y O N tp3. O VLa U° ? Z Z as 9° a 2 >= M oo! 7 A) ao > � v U d ..d S 0 ` O Ln �� `" ''s o� o baa °' o e J9. zwo. BAR bl >0 IR0 d p C7 g y a ri z B .. y O cc _ S. 3 W a �. E (4) 1330 CITY OF DIAMOND BAR AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 REPORT DATE: FROM: James DeStefano, Community Development Director AGENDA NO. 7/ September 26, 1994 TITLE: Consideration of Resolution No. 94 -XX requesting an extension of time pursuant to Section 65361 of the Government Code, for the adoption of the 1994 General Plan. SUMMARY: The California Government Code requires new cities to adopt a General Plan within 30 months following incorporation. The State Office of Planning and Research has previously granted the City extensions of time to prepare the General Plan and may grant the City an extension of time to prepare the 1994 General Plan upon receipt of an application with findings supporting the request. The extension of time would permit the City to continue to review and approve specified development projects where there is little or no probability that the action would be inconsistent with the contemplated General Plan. RECOMMENDATION: It is recommended that the City Council approve the resolution and direct staff to forward an application for an extension of time to the State Office of Planning and Research. LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's Office) Other EXTERNAL DISTRIBUTION: State Office of Planning and Research SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes by the City Attorney? _No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? N/A Yes _ No _ Which Commission? _ 5. Are other departments affected by the report? Yes X No _ Report discussed with the following affected departments: REEWED BY: / Terrence L. Belanger Frank Usher Jdmes DeStefano City Manager Assistant City Manager Community Dev opment Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Community Development Director SUBJECT: Consideration of Resolution No. 94 -XX requesting an extension of time pursuant to the California Government Code, Section 65361 for the adoption of the General Plan. ISSUE STATEMENT: The California Government Code requires new cities to adopt a General Plan within 30 months following incorporation. The State Office of Planning and Research (OPR) has previously granted the City extensions of time to prepare the General Plan and may grant the City an extension of time to prepare the 1994 General Plan upon receipt of an application with findings supporting the request. The extension of time would permit the City to continue to review and approve specified development projects where there is little or no probability that the action would be inconsistent with the contemplated General Plan. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 94 XX and direct staff to forward an application for an extension of time to the State Office of Planning and Research. BACKGROUND/DISCUSSION: On December 14, 1993, the City Council adopted Resolution No. 93-80 which repealed the adopted 1993 General Plan. At that time, the Council directed the creation of a new General Plan and appointed a citizen based General Plan Advisory Committee (GPAC) to develop the new document. The recision of the General Plan and the uncertainty of the use and validity of Ordinance No. 4 (1992), which allowed the City to review and approve certain projects, left the City without a basis for decision making regarding it's long-term physical development. The California Government Code provides a mechanism for newly incorporated cities to continue acting on zoning, subdivision, and related matters without an adopted general plan. Code Section 65360 provides 30 months to prepare and adopt a general plan while permitting physical development. Code Section 65361 authorizes the Director of the Office of Planning and Research (OPR) to grant general plan extensions of time to cities which have not adopted a complete and legally adequate General Plan within the specified 30 month time period. The extension of time incorporates State policy which requires consistency between local land use decisions and the general plan. OPR's Director may grant a reasonable extension of time, not to exceed two years from the date of issuance of the extension of time. If a city has made substantial progress toward completing its general plan, the Director may grant a second extension of time. Additionally, the Director may impose conditions deemed necessary to insure compliance with the purpose and intent of the California Government Code. The City previously requested and received its first six month extension in February 1992. As a result of the referendum and the Council's recision of the 1993 adopted General Plan, a request for a second extension of time was submitted to the State Office of Planning and Research. The second extension was granted on January 31, 1994 for a term of nine months, ending October 31, 1994. From January 11, 1994 to June 30, 1994, the Council appointed citizens based General Plan Advisory Committee (GPAC) conducted 15 public meetings to identify key planning issues and define General Plan policy with the outcome resulting in a draft General Plan for the Planning Commission's review. The Planning Commission's review of the draft General Plan began July 11, 1994. The Commission has completed review of the following elements: Public Services and Facility, Public Health and Safety, Resource Management, Housing, and Circulation. Currently, the Commission is in the process of reviewing the Land Use Element. The Commission is expected to complete their review in October 1994. At that time, the Planning Commission's draft General Plan will be presented to the City Council for review and adoption. The City has received two extensions of time. Under the current circumstances, an application for a third extension is necessary in order to permit land use decisions making while the review of the draft General Plan continues to move forward. Application requirements for a third extension must include a resolution from the City Council, as a result of a public hearing, providing findings and reasons for additional time. Additionally, a budget, work program and proposed operational policies and procedures must be provided. City staff believes substantial progress toward the General Plan's development and the necessity for the extension can be demonstrated. Based upon the attached work program, staff recommends an extension of time for three months. State law requires a public hearing be conducted by the City Council and a resolution making any one of six findings required by California Government Code, Section 65361. Staff believes the City is able to justify two of the findings which are as follows: 65361 (a) (4). Local review procedures require an extended public review process which has resulted in delaying the decision by the legislative body. The City Council directed the completion of public review by GPAC in four to six meetings. Public review necessitated 15 meetings at the GPAC level, as well as further public review at the Planning Commission and City Council levels. 65361 (a) (6). Other reasons exist that justify the granting of an extension, so that the timely preparation and adoption of a general plan is promoted. Absent an extension of time, the City finds itself without a basis for land use decision making. The attached resolution will be a part of the application to OPR for an extension of time. The Council should be aware that as a part of the approval process, conditions may be attached by OPR's Director. Past examples of conditions have included commitments to the State that projects and actions approved by the City related to land use activities are consistent with the proposed General Plan and the potential for a prohibition against adopting any Development Agreements, Specific Plans or vesting Tentative Maps submitted after the extension is granted. CONCLUSION: Based upon the desire for additional public input into the General Plan adoption process and the time needed to revise any documents affected by the public review, staff recommends that the City Council find that a three month extension of time is necessary to achieve final adoption of the City's General Plan and direct staff to file the necessary application with the State Office of Planning and Research. PUBLIC HEARING NOTIFICATION: Public hearing notices for the October 4, 1994 City Council meeting were published within the San Gabriel Valley Tribune and Inland Valley Daily Bulletin on September 23, 1994. PREPARED BY: James DeStefano, Community Development Director Attachments: Resolution No. 94 -XX Application Schedule Budget Proposed Policies California Government Code Section 65360 and 65361 Public Hearing Notice 3 CITY OF DIAMOND BAR SCHEDULE FOR COMPLETION OF THE GENERAL, PLAN September 26, 1994 Task/Product Time Period 1. Completions of Planning Commission's (public hearings) review of the draft General Plan - Land Use Element and environmental documentation. 2. City Council's review (public hearings) and adoption of the draft General Plan and certification of EIR 3. Public hearing notices, advertising, etc. September 1994 - October 1994 November 1994 - January 1995 Ongoing - through adoption The Planning Commission has completed review of the following elements: Public Services and Facilities, Public Health and Safety, Resource Management, Housing, and Circulation. As indicated by the schedule for completion, the Planning Commission is in the process of reviewing the one remaining element - Land Use - of the draft General Plan during public hearings. Major tasks to be completed include modification to the Land Use Element as directed by the Planning Commission, revisions to the environmental documents as necessary, and public hearings before the City Council for adoption of the draft General Plan. BUDGET The majority of the necessary tasks to prepare the General Plan are complete. The remaining tasks will be developed by the City's staff with minimal use of outside consultants. It is estimated the completion of all remaining General Plan tasks will require a budgetary commitment of approximately $25,000.00 dependent upon the exact nature of the work effort necessary. PROPOSED POLICIES AND PROCEDURES The City will comply with the provisions specified under California Government Code Section 65360 (b). Each proposed project will be evaluated to determine: a. consistency with the draft General Plan under consideration; b. whether the proposed project may result in a substantial detriment to the future General Plan; and C. compliance with other applicable state and local requirements. All resolutions for land use approval will contain a recital which states in 4 part: "Because of its recent iits%, Ms4ap e; niam--a n -r 1 --LQ -- operative General Plan. Accordingly, action was taken on the subject Application as to required consistency with the General Plan pursuant to the terms and provisions of California Government Code Section 65361." In addition, prior to approval of a land use proposal, a finding is made that there is '1...a substantial probability that the approval of the project as proposed by the Application will not be a substantial detriment to, nor interfere with the preparation of the future General Plan..." The City intends to utilize the goals and policies contained within the draft General Plan in evaluation land use proposals to ensure that the future development will not interfere with the adopted General Plan. 9 RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING AN EXTENSION OF TIME, PURSUANT TO SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE, FOR THE ADOPTION OF A CITY GENERAL PLAN. A. Recitals 1. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. 2. Section 65360 of the California Government Code allows newly incorporated cities thirty (30) months to adopt a general plan following incorporation. 3. At a duly noticed public hearing held on September 17, 1991, the City Council of the City of Diamond Bar adopted Resolution No. 91-61 requesting an extension of time, pursuant to Section 65631 of the California Government Code, for the adoption of the General Plan. On February 7, 1992, the State of California Office of Planning and Research granted the City a six-month extension of time, which expired on August 5, 1992, to complete the General Plan. 4. The City of Diamond Bar then developed a comprehensive General Plan for the physical development of the City. That plan, which was developed in accordance to the State law, set forth the City's developmental policies, objectives, and standards, as well as the constituent elements of Land Use, Circulation, Housing, Safety, Noise, Open Space, and Conservation and an Environmental Impact Report for these elements. The City of Diamond Bar held approximately 54 public meetings in relation to that General Plan from September 1989 through July 14, 1992. 5. Citizen participation was provided through the formation of a General Plan Citizen Advisory Committee (GPAC) assigned to review and develop the General Plan. A total of 37 public meetings were held by GPAC. Input received, as a result of these meetings, was instrumental in the development of that General Plan. 6. The Planning Commission of the City of Diamond Bar conducted duly noticed study sessions on July 22, August 26, 1991, to consider and receive public testimony on the draft General Plan. The Planning Commission conducted duly noticed public hearings on September 9, 11 September 23, April 13, April 20, April 27, May 4. May 11, May 18, May 21, May 26, May 28, June 1, and June 8, 1992. 7. On June 9, June 16, June 23, June 30, July 7, and July 14, 1992, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, whereby public testimony was received with respect to all elements of the General Plan, and concluded said hearings on July 14, 1992. In the course of said public hearings, the City Council received and deliberated upon written and oral testimony from members of the general public, affected governmental agencies, private industry, consultants, City staff, and City Commissions. On July 14, 1992 the City Council approved Resolution No. 92-44, adopting a General Plan for the City of Diamond Bar. 8. On August 10, 1992, a petition protesting the adoption of the General Plan was submitted to the City Clerk of the City of Diamond Bar. The City Clerk conducted a preliminary review of the petition pursuant to section 4053 of the California Elections Code and on August 19, 1992 said petition was filed with the Los Angeles County Registrar of Voters office for examination. The effect of that filing resulted in the suspension of that General Plan and its constituent elements. 9. On March 16, 1993, the City Council adopted Resolution No. 93-15, rescinding Resolution No. 92-44, pursuant to Election Code Sections 4051 and 4055. 10. The City of Diamond Bar then developed another comprehensive General Plan for the physical development of the City. That Plan which was developed in accordance to State law, set forth the City's developmental policies, objectives and standards as well as the constituent elements of Land Use, Circulation, Housing, Safety, Noise, Open Space, and Conservation and an Environmental Impact Report for these elements. The City of Diamond Bar held approximately 16 public meetings in relation to that General Plan, from April 21, 1993 through July 27, 1993. 11. Citizen participation was provided through the formation of a public workshop process designed to review and develop the General Plan. A total of five public meetings were held. Input received as a result of these meetings was instrumental in the development of the second General Plan. 12. The Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on June 28, 1993 to consider and receive public testimony on the draft General Plan. 2 13. The City Council of the city of Diamond Bar conducted 11 duly noticed public hearings, whereby public testimony was received with respect to all elements of the General Plan and concluded said hearings on July 27, 1993. In the course of said public hearings, the City Council received and deliberated upon written and oral testimony from members of the general public, affected governmental agencies, private industry, consultants, City staff, and City Commissions. On July 27, 1993, the City Council approved Resolution No. 93-58 adopting the second General Plan for the City of Diamond Bar. 14. On August 26, 1993, a petition protesting the adoption of the second General Plan was submitted to the City Clerk of the City of Diamond Bar. The City Clerk conducted a preliminary review of the petition pursuant to Section 4053 of the California Elections Code and on November 17, 1993, said petition was filed with the Los Angeles County Registrar of Voters office for examination. The effect of the filing resulted in the suspension of the second General Plan and its constituent elements. 15. On December 14, 1993, the City Council adopted its Resolution No. 93-80 rescinding Resolution No. 93-58, pursuant to Elections Code Sections 4051 and 4055. 16. On December 14, 1993, the City Council directed the creation of a new General Plan and appointed a citizen based General Plan Advisory Committee (GPAC) to develop the new document. 17. At a duly noticed public hearing held on January 18, 1994, the City Council of the City of Diamond Bar adopted Resolution No. 94-01 requesting an extension of time pursuant to Section 65361 of the California Government Code, for the adoption of the General Plan. On January 31, 1994, the State of California Office of Planning and Research granted the City a nine-month extension of time, which expires on October 31, 1994, to complete the General Plan. 18. Citizen participation for review and development of the new draft General Plan was provided through the Council appointed GPAC which conducted a total of 15 public meetings from January 1994 through June 1994. Input received as a result of these meetings was instrumental in the development of new draft General Plan. 19. The Planning Commission of the City of Diamond Bar conducted duly notice public hearings on the following dates: July 11, July 16, July 18, July 25, August 1, August 8, August 15, August 23, August 30, September 12, September 22, September 26, September 27, 1994, and is continuing to conduct public hearings. The Planning Commission has reviewed the following elements: Public Services and Facilities, Public Health and Safety, Resource Management, Housing, and Circulation. Currently, the Commission is in the process of reviewing the one remaining element - Land Use. 20. Despite the City's diligent efforts to adopt a General Plan in accordance to State law, the City Council hereby makes the following findings to justify a request for a three-month extension of time for the adoption of a General Plan. a. In accordance with Section 65361 (a) (4) of the California Government Code, local review procedures require an extended public review process which has resulted in delaying the decision by the legislative body. The City Council has directed the preparation of a new General Plan to be based upon information received as a result of 15 GPAC public meetings and 13 Planning Commission public hearings, to date. city Council public hearings will provide further public opportunity for input prior to adopting of the General Plan. b. In accordance with Section 65361 (a) (6) of the California Government Code, the City finds that due to extenuating circumstances, the effective date of the General Plan has been suspended twice pursuant to Section 4051 of the California Elections Code thus resulting in an extension of time request to resolve issues and concerns relating to the adoption of the General Plan. The City finds that in spite of previous extensions of time, the City has experienced unusual circumstances which requires an additional extension of time to satisfy the requirements of Section 65360 of the California Government Code. 21. The City of Diamond Bar City Council finds that in accordance with the California Environmental Quality Act, the approval of an extension of time, for the adoption of the General Plan, is exempt under Section 65361 (g) of the Government Code and requires no further environmental review. 22. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspaper's on September 23, 1994. 23. All prerequisites to the adoption of this resolution have occurred. 4 B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby approves a request for an extension of time and directs staff to prepare an application to the State of California Office of Planning and Research requesting a three-month extension of time to resolve issues and concerns relating to the adoption of the 1994 General Plan. 2. The City Clerk shall certify the adoption of this resolution and shall forward a copy of this resolution to the Director of Planning and Research of the State of California as part of the City's application for a three-month extension of time. PASSED, APPROVED, AND ADOPTED THIS 4TH DAY OF OCTOBER, 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 4th_ day of October, 1994 by the following roll call vote: Ayes: Council Members: Noes: Council Members: Absent: Council Members: Abstained: Council Members: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar tiEE raf P wog Govemoes Office of Planning and Research Request for General Plan Element Extension +}I70.9 i DFC Authorized contact person: James DeStefano Title: Director of Community Development Phone number: (909) 396-5676 Jurisdiction: City of Diamond Bar Address: 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 Date of application: October 4, 1994 List the existing elements of your general plan, and dates of adoption: Land Use July 14, 1992 and July 27, 1993 Housing July 14, 1992 and July 27, 1993 Open Space & Conservation July 14, 1992 and July 27, 1993 Noise and Safety July 14, 1992 and July 27, 1993 Circulation July 14, 1992 and July 27, 1993 Indicate the eiement(s) for �:,h ch ex—nsion is requested and anticipated adoption dates: The City of Diamond Bar requests an extension for all statutory elements of the General Plan. it is anticipated that all elements will be adopted by January 31, 1995. Has your jurisdiction been involved in litigation concerning the adequacy of its general plan within the past 12 months? ❑ Yes FX No ✓ Attach: Resolution of the covernfng body (me Office of Planning and Research should be contacted priorto the I % adoption of the resolution). Budget and schedule f„• genera, plan preparation and adoption,. Proposed policies ano ocec 'es �-.hich v:ouid ensure consistency between land use decisions. and % p,oposed policies c` t -e gene -a' c a- elernent(s) in progress .Genera pian eleme^'s subdivision ordinances Revised 10/89 65360. Deadline for new city/county to adopt plan The legislative body of a newly incorporated city or newly formed county shall adopt a general plan within 30 months following incorporation or formation. During that 30 -month period of time, the city or county is notsubject to the requirementthat a general plan be adopted or the requirements of state law that Its decisions be consistent with the general plan, if all of the following requirements are met: (a) The city or county is proceeding in a timely fashion with the preparation of the general plan. (b) The planning agency rinds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. 65361. Extension of deadline to adopt plan (a) Notwithstanding any other provision of law, upon application by a city or county, the Director of Planning and Research shall grant a reasonable extension of time, not to exceed one year from the date of issuance of the extension, for the preparation and adoption of all or part of the general plan, if the legislative body of the city or county, after a public hearing, makes any of the following findings: (1) Data required for the general plan shall be provided by another agency and it has not yet been provided. (2) In spite of sufficient budgetary provisions and substantial recruiting efforts, the city or county has not been able to obtain necessary staff or consultant assistance. (3) A disaster has occurred requiring reassignment of staff for an extended period or requiring a complete reevaluation and revision of the general plan, or both. (4) Local review procedures require an extended public review process which has resulted in delaying the decision by the legislative body. (5) The city or county is jointly preparing all or part of the general plan with one or more other jurisdictions pursuant to an existing agreement and timetable for completion. (6) Other reasons exist that justify the granting of an extension, so that the timely preparation and adoption of a general plan is promoted. (b) The directorshallnotgrantan extension of time forthepreparation andadoption of a housing element except in the case of a newly incorporated city or newly formed county which cannot meet the deadline set by Section 65360. Before the directorgrants an extension of time pursuant to this subdivision, he orshe shall consult with the Director of the Department of Housing and Community Development. (c) The application for an extension shall contain all of the following: (1) A resolution of the legislative body of the city or county adopted after public hearing setting forth in detail the reasons why the general plan was not previously adopted as required by law or needs to be revised, including one or more of the findings made by the legislative body pursuant to subdivision (a), and the amount of additional time necessary to complete the preparation and adoption of the general plan. (2) A detailed budgetand schedule forpreparation and adoption of the general plan including plans for citizen participation and expected interim action. The budget and schedule shall be of sufficient detail to allow the director to assess the progress of the applicant at regular intervals during the term of the extension. The schedule shall provide for adoption of a complete and adequate general plan within two years of the date of the application for the extension. (3) A set of proposed policies and procedures which would ensure, during the extension of time granted pursuant to this section, that the land use proposed in an application for a subdivision, rezoning, use permit, variance, or building permit will be consistent with the general plan proposal being considered or studied. (0) The director may impose any conditions on extensions of time granted that the director deems necessary to ensure compliance with the purposes and intent of this title. Those conditionsshall applyonlyto those parts of the general plan forwhich the extension has been granted. In establishing those conditions, the director may adopt or modify and adopt any of the policies and procedures proposed by the city or county pursuant to paragraph (3) of subdivision (c). (e) During the extension of time specified in this section, the city or county is not subject to the requirement that a complete and adequate general plan be adopted, the requirement that it be adopted within a specific period of time, or the requirements of state law that its decisions be consistent with those portions of the general plan for which an extension has been granted. However, development approvals shall be consistent with the conditions imposed by the director pursuant to subdivision (d) and any element or elements that have been adopted and for which an extension of time is not sought. (0 If a city or county that is granted a time extension pursuant to this section determines that it cannot complete the elements of the general plan forwhich the extension has been granted within the prescribed time period, the city or county may request one additional extension of time, not to exceed one year, if the city or county is able to demonstrate to the satisfaction of the director that substantial progress has been made toward the completion of the general plan. The provisions of this subdivision shaif not apply to an extension of time granted pursuant to subdivision (b). (g) An extension of time granted pursuant to this section for the preparation and adoption of all or part of a city or county general plan is exempt from the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (Amended, Chapter 1441, Statutes of 19901 09/28/8 PROOF OF PUBUCATION (20155 C.CP.) STATE OF CALIFORNI& County of Los Angeles I, Nancy Paisley do hereby declare that I am a citizen of the Ua ty o or interested over theabovve-entitlled matter alum the Legal party d ertising Clerk of the INLAND VALLEY DAILY BULLETIN (Formerly the Progress Bulletin) A' newspaper of general circulation, pubrshed dailyin the CIty of Pomona, County of Los Angeles, State of Califomia, and which has been adjustd a newspaper of general circulation by the Superior Court o�the County of Los Angeles, State of California, under the date" of dune 15, 1945, Decree No. Pomo C -6O6; that the notice, of which the annexed is'a printed copy (set in type not smaller than nonparell), has been pubrlshed In each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit September 23,1994 I declare under penalty of peryury that the foregoing is true and Correct. Dated: September 28,1994 lgnature ^ Proof of Publication of • MY OF DIAMOND BAR NOTICE OF PUBLIC HEARING NOVii:9 (W PUWx MEAmm NCMCZ IS NEMOY- IiWA by *0 W d DW NW4 Br Mnt a pubde !t.erlrlB W1. 1» h014 by a�a Crr COunal an Tme fsy. A- own or M yersahM ae n+eIat 7M A-~ an be Med, Into 09iiih Caa4 AAuuma���, z1000a6 WELWCca �`., pDuWnw� B I mnelde�ln t tOl beib a e Bubf Aat0arch, rattueet n�Q� .an amrrabn• of n't1e In or to omnplele the General 'Pion Gl ov,yammanl Code septton IawnaEtae am req= by Secllen 11"Go ef-"'a GovOrtrneM Code b adapt-. Go"" hen WNn 30 low of Inasrnrnoredan. The -.Gly prOvualyanapplied fort9nd n,lekbaa -Ozl0neloh Oh. dme .filch OOM on 0ate6aa31, 1ap1. lite •Cky is erapee af, Ptak rwkw. ol,lhe Genal IeR In erde.• to , QaOe�7�pleM the@A$ �City, Is tetpeethrp an eztonelon er•eme lrOrn tlre• sten' of taltlomla A;ss arch. Plannlnp:}and In -amordance with Me • Caltelyda-Fi1Nlarvhen�l Ovr11r Act at emartded.•'andssa adminletrotive regulationa vraradotlod theteugdur, OviChy as etermined thalAthe Merlt%larr reQlNet fc exempt m LEGA cwt rsa*6n AL INTEAEStED PERSONS " Invited b or" cold heating and axpfeta Mo INIOM OnOw inatt T v E NFORMATIQ l ba ObGJned by ca�rrptp U,t qqt�yy res af - et (Obey •88bfaae • or the CammunJty• Development Dlrector'e: atllce...al:(gtlg) ID SeotwtOer20• tggr:. :c�ycfe�• -.a�: W=9514 eepa 4 Jai Id7/ls [,.�-' ..:L, rI -_,_ I- SEP -29-1994 08:05 PROOF OF PUBLICATION (2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF UOS ANGIIiS I am a citizen of the United States and a resident of the Counry aforesaid; I am over the age of tigj'ite= yews, and not a party to or interested in the above -entitled matter. I un the principal clerk of the printer of the a newspaper of genial cimuladon, printed and published L ` in the City of " w County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date ofj4d. . l 9 Case Number g stp7p f that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), bas been published in each ttgular and entire issue of said newspaper and not in any supplem�e-+t thereof on the following dates, to -wit: , r� .?3. — all in fhe year 19. 99 1 cc-tify (or declare) under penalty of perjury that Elie foregoing is clue and correct. Dated at i. California, this .13 day of , 19 T, /7e/� Signature r— -9— of tM. b .Jr to,m mry be f Wnd f--: California Newspaper Service Bureau, Inc. P.O. Box 54310, Los Angeks, CA 90034-0310 Telephnrie (213) 229-5500 Pldve seq„ea, GE.NEML P—r a Publla.Joa .bm ov i—g �• brm P.02 This spa= is for the County Clcticb Filing Stamp Proof of Publication of TOTAL P.02 INTEROFFICE MEMORiLNDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger SUBJECT: Resolution No. 94-40 DATE: September 15, 1994 RESOLUTION NO. 94-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING ITS IIi1TE MON TO DENY A DEFENSE TO CTTY COUNm MSS RELATING TO CERTAIN LAWSUITS ALLE(WO I TRM OR SLANDER AND DECLARING SAME TO BE OUTSIDE THE SCOPE OF DUTY WHEREAS, Part 7 of Division 3.6 of the Cal'tfnis G0 m D" Code- a0n°oubdoS at Section 993, sets forth GwtA n.regniremems for the Fvvidw of s dgftn to City Coumod Members wbo are actmg whbin the scope oftlr daft of their oHIM and WHEREAS, the City Coastal of the City of Diamond Bar wishes to cwiy Won* and ddho mtain actions which an not to be considered as bam< witbis dr 9000e of &Wu otos sad . sot to be defended at public 04"0% NOW, LEFORE, BE IT RESOLVED, that the City CWA& of dw City otDiamm d Bat declares its intention that the City dwa no povide s details at public ao V8m to asy City Council Member if the cane of action rekm to as alkEa dm of ad or d@clot deo ak the publication of s communicadm of general ci agadon which has not been spomm" and authorised by the City of Diamm d Bw soil which skirl not berbooaidaeed a ac tivity wiehm tho scope of duties of the City C UMS mem, PASSED, ADOPTED ad APPROVED by the City Council of Dummd HM: Cam this 1_6 th day of kuaust -1994. L LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 16th day of n �,i gl l _ t _ 1994, by the following vote: AYES: COUNCIL UE IBERS: Miller, Papen, and M/Werner NOES: COUNCIL MFMERS: MPT/ Harmony ABSENT: COUNCIL MEMBERS: None ABSTA04ED: COUNCEL MEMBERS: Ansari INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger SUBJECT: Consideration of City Council Standards - Parenthetically 91-71 DATE: September 15, 1994 This matter has been requested to be placed on the September 20, 1994, agenda for consideration. Included is a draft proposal submitted by Dr. Lawrence Rhodes - Standards of Operation. TLB:jac Attachment REQUESTED AMENDMENTS WHEREAS, the Diamond Bar City Council does occasionally deviate from the normal order before the Council, and on occasion fails to act in a manner of proper decorum, BE IT PROPOSED the following amendments be made to the City Council Norms of Operation (Resolution #91-71) as follows: Section 1 - OPERATION OF CITY COUNCIL MEETINGS be amended to add new item P. P.- . The City Council shall meet and act within the general constraints of the governmental sections of Roberts Rules of Order (ref. Jove Book, September 1977 printing). 2. Section 6 - INDIVIDUAL COUNCIL MEMBER RESPONSIBILITIES be amended to add new item G. G. The members shall conduct themselves in accordance with Roberts Rules of Order, Article V, Section 36, "Decorum Debate." Add new Section 7 - PARLIAMENTARIAN - The City Attorney shall act as Parliamentarian. The speaker having the floor may at any time request of the Parliamentarian the rules of order, or procedures to be followed. The Chair may at any time interrupt the proceeding to request a ruling from the Parliamentarian. The Parliamentarian is obliged to interrupt the speaker and Council if a significant deviation of the general rules or the minimum of decorum occurs. Dr. Lawrence Rhodes RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY or DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION[ WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and alis, the establishment of standards. by the City Council will promote understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City;.and WXW4M, the establishment and periodic review of these Ci Council policy standards will assist new members of the city Council to better understand their role and responsibilities as Council Members. WWI M• » I! RSSOLV= by the City of Diamond Bar as follows: A. The Council shall most the first and third Tuesdays of each month, commencinq at 6:00 p.m. If the Council desires to proceed past .11:30 p.m., the Copncil,- at 11:00 p.m. will determine which issues will be completed at that meeting and which items will be continued to the next Tuesday meeting. B. Public Comments are to be schoduled'for 6:00 p.m., immediately following the Flag Salute, Roll Call and Council Comments. C. No action is to be taken on items raised under public Comments. Beaidu oral requests, citizens -may also be requested to put concerns in writing, if that the items) is to be agandized, for a later council meeting date, at the discretion of the Council and City Manager. D. At the beginning of the muting, it there are a rnmber of people requesting to speak on a particular subject under Public Comments, the Mayor may request that. there be a spokesperson and that the others limit their cosments, speak at the end of the muting or contact Council or City Manager. This does not apply to scheduled agenda items. COUNCIL STANDARDS Page Two section 1. OPERATION OF CITY COUNCIL MEETINGS ICON'T) E. In order to ensure that all members of the public have an opportunity to speak, pertaining to issues that are not on the meeting agenda, and that the Council is able to complete the public's business, there shall be a five-minute limitation on comments by the public unless otherwise prohibited by law. The Mayor will be responsible for enforcing the time limits as suggested. Any Council Member may request an extension of the five-minute tima. limitation. If the Council concurs that the nature of the issue warrants an extension of time, the time limit may be extended. F. The Council will not hold a public hearing on items scheduled under Departmental Reports or Council Concerns. If just one or two people desire to speak on the item, the Council will listen to their comments. If more than two persons at the meetinq desire to speak on an item, the Council may reschedule the item on the agenda of a subsequent meeting. G. with Council approval; Mayor may schedule Council review of. agenda .items out of their prescribed order on the printed agenda. H. Significant proposed changes to City ordinances shall be set for public hearing. I. The Council Member making a motion shall either restate the motion or have the City Clerk restate the motion, before the vote, to clarify the -motion for the public and staff. J. Council Members should not get into a debate with a member of the public or staff at a Council meeting. R. The City Council will, on a quarterly basis, agendize and prioritizi those significant items to be scheduled as future Council study session topics. L. If an applicant submits a new site plan for a development or if the City Council requests changes in this submitted site plan, the public hearing will be continued at least two weeks to allow time for staff review. M. Any written correspondence or other materials received at a City Council meeting (from the public or staff will be documented with a receipt tine and date by the City Clark and distribution indicated. It the City Clark does not receive a copy of the written submittal, it will .not be considered to have been received or acted upon by the City Council. COUNCIL STANDARDS Page Three N. All minutes of City Council meetings shall be composed utilizing an action -taken format; rather than a transcript format. All meetings shall be audiotaped, in their entirety, for Council, public and staff reference. City Council and Planning Commission tapes shall be retained for two years, from the date of the meetinq. All other Commission and Committee meeting tapes shall retained, until the approved minutes of a meetinq have been reported to the City Council. o. Any concerns by a Council Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. A. individual Council Members will have the, right to attend meetings but are cautioned about becoming involved in the meeting's discussions and/or violating the erowh Act. H. Written committee reports will be given •to the Council on significant committee recommendations and/or actions. C. ltev ideas or suggested programs will be presented. to the full Council before presenting to the media.. Boation 3.COOgCIL .MLl�S! P�Sl1�1TATIOI�B'�T dP�iLit AGII�TCIS9 AND A. if a member of the City Council represents. the City before another governm�ttal agency, organisation, the Council Member will first indicate the majority position of the, Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. eectiom S. CITT TTY STAFF A. There will be mutual. respect froe.both staff and Council - members of their respective roles and responsibilities, when expressing criticise in public session. So In public session, City staff members will address Council members, utilizing Mayor, Councilman or Councilwoman; and, Council members will address all staff members, utilizing Mr. or No. rather than the person's first names. COUNCIL STANDARDS Page Four Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF (CON'T) C. City staff acknowledge that the Council is the City's policy makinq body. The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall policy body, holds the City Manager responsible for the administration of the City Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments per Council direction. E. The. Council will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study, without the approval of a majority of the City Council. F. All written informational material requested by individual Council Members will besubmitted by staff to all Council members. with the notation indicating which'Council Member requested the -Information. G. Council will not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. H. Mail that is addressed to the Mayor and City Council will be circulated by she City. Manager -to the City Council with a comment as to which staff person will be assisting the Mayor and/or Council Hember in preparing a response. I. The Mayor's response, when appropriate and the original communication, will be submitted to Council members for their information. Mail addressed to individual Council Members may be responded to, by that Council Member. K. Staff team sensitivity and support is important. once a final decision is reached by the Council, Planning Commission or other City body, it will be accepted, supported and implemented by staff. section S. LITIGATION AND CONFIDENTIAL INFORMATION A. City Council Members will keep all written and verbal information provided on matters that are confidential, under State law, in strict confidence to insure that. -the City's position is not compromised. No dissemination of information or materials will be made to anyone, except Council Members, City Attorney, City Manager or Assistant City. Manager. COUNCIL STANDARDS Page Five section S. LITIGATION AND CONFTnFNTTnr INFO] METTAN {CON'T1 H. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party will be the designated City person(s) representing the City in the handling of the negotiations or litigation. A Council Member will not have any contact or discussion with the other party or its representative involved with the negotiation during this time and will not communicate any discussion conducted in closed sessions. seatios s. A. Frequent communication is an important and integral part of Council relationships and will be the standard of operation. H. Respect for each individual Council Members intarpersonal style will be a standard of operation. . Courtesy and sensitivity to .individual points Of view will be a standard ol.operation.• C. On areas where Council Members disagree, especially on the process to be used, discussions will occur to facilitate a clear direction. D. Council approach to authority is collegial rather than individual. E. Council Members will keep an open mind on all issues. F. Individual Cour.-v1 Members, on mattdrs pertaining to upcoming or anticipated items where a public hearing will be held, will maintain as neas neutral position as possible to assure not only the appearance but the actual degree of opennOss that is attendant to our coumnity responsibility. The City Clerk shall certify to the adoption of this Resolution. 1991. BABSID• APPhOM AMD AMP= this 3 rd day of December ., COUNCIL STANDARDS Page Six 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-,IXd day of December 3. 1992 by the following vote: AYES: COUNCILMEMBERS: Miller, Forbing, M/Rim NOES: COUNCILMEM ERS: Nona ABSENT:: COUNCILHEMERS: Papen, Werner ABSTAINED: COUNCILMEMBRB s None LYN BURGESS, • C C ark City of Diamond Har INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Gary Werner, Mayor RE: City Council Sub -Committees DATE: October 4 1994 ISSUE: Shall the City Council undertake subject matter policy ahalysis and formulation and interagency liaison, through on-going, subject matter Council Sub -Committees or through case-by-case ad hoc Council Sub -Committee assignments? RECOMMENDATION: It is recommended that the City Council dissolve the present on-going, subject matter Council Sub -Committees, with the sole exception of the Council Finance Sub -Committee. In the alternative, it is recommended that the Council hereinafter appoint Council Sub -Committees on a case-by-case basis, when the the Council determines that the appointment of an ad hoc sub -committee is appropriate. DISCUSSION: The City Council directed the Mayor and City Manager to evaluate the present Council sub -committee system and make recommendations to the -City Council, as to manner in which issues of policy undergo analysis and formulation. Currently, the City Council has created almost two dozen on- going, subject matter sub -committees. Most of the these sub -committees meet infrequently, usually only when an issue of policy arises, which falls within a sub -committee's subject matter ambit. In order for Council sub -committees to there greatest flexibility and direction, it would be best to appoint ad hoc Council sub -committees, when a policy issue need arises. There is an exception to this'Council sub -committee approach, the Finance Committee. The Finance Sub -Committee would be assigned the responsibility of reviewing the bi- monthly warrant registers and finance -related policy analysis and formulation. FITV U BIW110 PIR AurIP41JA Ktrulcl Attl✓1V1�A 1v V. d TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 REPORT DATE: September 29, 1994 FROM: James DeStefano, Community Development Director TITLE: Development Agreement No. 92-2, Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 (applicant: Arciero & Sons, Inc.) Continued from September 20, 1994. SUMMARY: On July 5, 1994, the City Council approved the applicant's 91 unit project, in concept. The Council directed the preparation of environmental findings, project conditions, and appropriate resolutions for subsequent review and final action. RECOMMENDATION: It is recommended that the City Council adopt Resolution Nos. 94 -XX and 94 -XX approving Vesting Tentative Tract No. 32400. LIST OF ATTACHMENTS:X x EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Staff Report Resolution(s) Other Project Applicant Public Hearing Notification Bid Specification (on file in City Clerk's Office) 1. Has the resolution, ordinance or agreement been reviewed N/A —Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: PUBLIC WORKS REVIEWED BY: Terrence L. Belanger Frank Usher City Manager Assistant City Manager I� 'James Destefipo Community Development Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 30, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Development Agreement No. 92-2, Vesting Tentative Tract Map No. 32400, Conditional Use Permit No. 91-5, Oak Tree Permit No. 91-2, the South Pointe Master Plan, and Certification of Environmental Impact Report No. 92-1 (SCH No. 92081040) ISSUE STATEMENT: The proposed project is a request for approval of a 91 unit single family subdivision a 47.44 acre site located west of Brea Canyon Rd. north of Pathfinder Rd. and south of Golden Springs Dr. On July 5, 1994, the City Council directed staff to prepare draft conditions, environmental findings, and Resolutions of Approval. BACKGROUND: The City Council initiated the review of this project on September 14, 1993 and held a series of public hearings to receive public testimony and concluded the public hearings on June 13, 1994. The Council concluded the review of the project on July 5, 1994, and directed staff to begin the preparation of development conditions, the Findings of Fact for the environmental documentation, and the draft Resolutions of Approval. The City Council has granted a continuance for the project from the meetings of August 16, 1994 and September 20, 1994, to October 4, 1994. The applicant and staff have been involved in the refining of the project in order to provide Council with a defined project and appropriate conditions and the incorporation of mitigation measures. Additionally, the applicant has been investigating alternative secondary access routes to the school district site. Project Overview The project as submitted has required alterations and amendments chiefly because of the demise of the South Pointe Master Plan in its original form. The events which have transpired including the change in ownership of site known as Vesting Tentative Tract Map No. 51407, formerly owned by the R -n -P, Inc., the School District's initiation of the removal of an approximately 400,000 cu. yd. stockpile, the need for secondary access, and the settlement on the exchange of property between the applicant and the City have necessitated the addition of processing time. The City also revised the environmental findings related to the approval of this alternative project as found in the South Pointe Master Plan EIR. Walnut Valley Unified School District has purchased the property formerly owned by R -n -P, Inc. and has begun a grading operation that created a situation whereby the applicant for VTM No. 32400 lost fill material originally designed for incorporation into the design of the tract. The applicant was able to substantiate the availability of additional fill material that can be used into the project. The fill, located on the school site, is approximately 200,000 cu. yds. and will allow the project to be constructed in substantial compliance with the map approved by the Planning Commission. All elements of the design of the project will remain reflective of the information analyzed by the Council in the course of the public review, including the street grades and pad elevations. 1 The secondary access to the residential ftyQ mg �-t MIW1 `lre j 1�Sp� a( $,,ff le School district, and Al ,, 1 I MIII Ii f 1 lne sewnuary access w the IesmenUai ueveiopment site ana me scnooi site Is an issue mac uda, uic al.livvt Qiaui", anti applicant have worked to resolve. The staff recommends that the City require secondary access from Brea Canyon Road to the residential development for, at a minimum, emergency access. The secondary access can additionally provide an alternative route area residents to access the junior high school. The considerations for this access relate to: (1) an appropriate location along the Brea Canyon Road to minimize environmental and grading impacts; (2) placement of the road in a manner that does not preclude future use of the surrounding property for uses such as a pocket park; and (3) the applicant's contribution to the construction of the roadway. The applicant has developed alternative scenarios to provide this access. These alternative designs which are to be submitted to the Council for review are an attempt to maximize the benefits of as many combinations of issues as possible. For example, one scenario provides for reduced grading and impacts to vegetation. Another alternative design attempts to bisect the adjacent properties in order to maximize the pad areas thus providing some limited use to the open space area adjacent to the road. Staff recommends that the applicant provide, at a minimum, improvements to the proposed roadway that include constructing one half of the roadway from the centerline north plus 10 ft. of the pavement south of the centerline. In addition, the applicant will be required to construct curb, gutters and sidewalks on the north side of the roadway. With these improvements pedestrian and vehicular access can be achieved. There will however, be restrictions to on -street parking in order to foster minimal opportunities for traffic congestion and pedestrian hazards. The City and the applicant were additionally charged with deriving an equatable exchange of property in order that the project could move forward in the absence of a Development Agreement. The City and the applicant resolved the exchange of property in the form of a quid pro quo transaction. The elements of the transaction revolve around the City exchanging remnant property along Brea Canyon Road and portions of property on the southern edge of the residential development for portions of the graded acreage adjacent to the secondary access. The City will in essence receive acreage with potential future use in order that the project can proceed as proposed. Environmental Impact Report Process The Environmental Impact Report for the South Pointe Master Plan was certified by the City Council on June 3, 1994. Pursuant to the California Environmental Quality Act (CEQA), the City can rely on the information contained within the document for analyzing the environmental impacts associated with this project. In reliance upon the information and alternative projects presented within the South Pointe Master Plan EIR, staff has been able to prepare Findings of Fact and a Mitigation Monitoring Program (MMP) which is tailored specifically for the project as presently proposed. The impacts identified in the EIR are reduced generally as the Master Plan project has been reduced. The specific impacts for this project have been significantly reduced related to the traffic and air emissions because of the deletion of the commercial development from the project. As such, the project has received amended mitigation measures to more accurately reflect the reduced impacts. The mitigation monitoring program does continue to maintain stringent accommodations that allow development to proceed within specified parameters and under the scrutiny of the City. PREPARED BY: Robert Searcy Associate Planner Attachments: Draft Resolutions of Approval Draft Conditions of Approval Findings of Fact Mitigation Monitoring Program 2 CIT f OF DIAMONL BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 REPORT DATE: September 29, 1994 FROM: James DeStefano, Community Development Director TITLE: Development Agreement No. 92-2, Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 (applicant: Arciero & Sons, Inc.) Continued from September 20, 1994. SUMMARY: On July 5, 1994, the City Council approved the applicant's 91 unit project, in concept. The Council directed the preparation of environmental findings, project conditions, and appropriate resolutions for CITY COUNCIL REPORT AGENDA NO. MEE'T'ING DATE: September 30, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Development Agreement No. 92-2, Vesting Tentative Tract Map No. 32400, Conditional Use Permit No. 91-5, Oak Tree Permit No. 91-2, the South Pointe Master Plan, and Certification of Environmental Impact Report No. 92-1 (SCH No. 92081040) The proposed project is a request for approval of a 91 unit single family subdivision a 47.44 acre site located wept of Brea Canyon Rd. north of Pathfinder Rd. and south of Golden Springs Dr. On July 5, 1994, the City Council directed staff to prepare draft conditions, environmental findings, and Resolutions of Approval. BACKGROUND: The City Council initiated the review of this project on September 14, 1993 and held a series of public hearings to receive public testimony and concluded the public hearings on June 13, 1994. The Council concluded the review of the pruject on July 5, 1994, and directed staff to begin the preparation of development conditions, the Findings of Fact for the environmental documentation, and the drab Resolutions of Approval. The City Council has granted a continuance for the project from the. meetings.bf August 16, 1994 and September 20, 1994, to October 4, 1994. The applicant and staff have been involved in the refining of the project in order to provide Council with a defined project and appropriate conditions and the incorporation of mitigation measures. Additiooaily, the applicant has been investigating alternative secpndary access routes to the school district site. Project Overview The project as submitted has required alterations and amendments chiefly because of the demise of the South Pointe Master Plan in its original form. The events which have transpired including the change in ownership of site known as Vesting Tentative Tract Map No. 51407, formerly owned by the R -n -P, Inc., the School District's initiation of the removal of an approximately 400,000 cu. yd. stockpile, the need for secondary access, and the settlement on the exchange of property between the applicant and the City have necessitated the addition of processing time. The City also revised the environmental findings related to the approval of this alternative project as found in the South Pointe Master Plan EIR. Walnut Valley Unified School District has purchased the property formerly owned by R -n -P, Inc. and has begun a grading operation that created a situation whereby the applicant for VTM No. 32400 lost fill material originally designed for incorporation into the design of the tract. The applicant was able to substantiate the availability of additional fill material that can be used into the project. The fill, located on the school site, is approximately 200,000 cu. yds. and will allow the project to be constructed in substantial compliance with the map approved by the Planning Commission. All elements of the design of the project will remain reflective of the information analyzed by the Council in the course of the public review, including the street grades and pad elevations. The ,secondary access to the residential development site and the school site is an isaue that staff, the school district, and applicant have worked to resolve. The staff recommends that the City require secondary access from Brea Canyon Road to the residential development for, at a minimum, emergency access. The secondary access can additionally provide an alternative route area residents to access the junior high school. The considerations for this access relate to: (1) an appropriate location along the Brea Canyon Road to minimize environmental and grading impacts; (2) placement of the road in a manner that does not preclude future use of the surrounding property for uses such as a pocket park; and (3) the applicant's contribution to the construction of the roadway. The applicant has developed alternative scenarios to provide this access. These alternative designs which are to be submitted to the Council for review are an attempt to maximize the benefits of as many combinations of issues as possible. For example, one scenario provides for reduced grading and impacts to vegetation. Another alternative design attempts to bisect the adjacent properties in order to maximize the pad areas thus providing some limited use to the open space area adjacent to the road. Staff recommends that the applicant provide, at a minimum, improvements to the proposed roadway that include constructing one half of the roadway from the centerline north plus 10 ft. of the pavement south of the centerline. In addition, the applicant will be required to construct curb, gutters and sidewalks on the north side of the roadway. With these improvements pedestrian and vehicular access can be achieved. There will however, be restrictions to on -street parking in order to foster minimal opportunities for traffic congestion and pedestrian hazards. The City and the applicant were additionally charged with deriving an equitable exchange of property in order that the project could move forward in the absence of a Development Agreement. The City and the applicant resolved the exchange of property in the form of a quid pro quo transaction. The elements of the transaction revolve around the City exchanging remnant property along Brea Canyon Road and portions of property on the southern edge of the residential development for portions of the graded acreage adjacent to the secondary access. The City will in essence receive acreage with potential future use in order that the project can proceed as proposed. The Environmental Impact Report for the South Pointe Master Plan was certified by the City Council on June 3, 1994. Pursuant to the California Environmental Quality Act (CEQA), the City can rely on the information contained within the document for analyzing the environmental impacts associated with this project. In reliance upon the information and alternative projects presented within the South Pointe Master Plan EIR, staff has been able to prepare Findings of Fact and a Mitigation Monitoring Program (MMP) which is tailored specifically for the project as presently proposed. The impacts identified in the EIR are reduced generally as the Master )Plan project has been reduced. 'The specific impacts for this project have been significantly reduced related to the traffic and air emissions because of the deletion of the commercial development from the project. As such, the project has received amended mitigation measures to more accurately reflect the reduced impacts. The mitigation monitoring program does continue to maintain stringent accommodations that allow development to proceed within specified parameters and under the scrutiny of the City. PREPARED BY: Robert Searcy Associate Planner Attachments: Draft Resolutions of Approval Draft Conditions of Approval Findings of Fact Mitigation Monitoring Program 2 EXHIBIT A FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH POINTE MASTER PLAN STATE CLEARINGHOUSE NO. 92081040 Section 15091 of the Guidelines for the Implementation of the California Environmental Quality Act ("Guidelines"), promulgated pursuant to the California Environmental Quality Act, as amended ("CEQA"), and codified in the California Code of Regulations, provide as follows: (a) 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: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making ti finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [This finding shall be referred to as finding(2.] (3) Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (This finding shall be referred to as finding (3).1 Pursuant to Section 15091(b) of the Guidelines, the required findings shall be supported by substantial evidence in the administrative record. Raolumn-South Powe Mmw Plan Page 1 4653 FINDINGS The Final Environmental Impact Report for the South Pointe Master Plan, State Clearinghouse No. 92081040 ("Final EIR") was certified by the City Council of the City of Diamond Bar on June 3, 1994, in that body's capacity as the decision-making body of the Lead Agency. The Final EIR, prepared in accordance with CEQA and the Guidelines, analyzed the direct, indirect and cumulative environmental impacts resulting from the implementation of the proposed South Pointe Master Plan Project, including each of the elements and activities authorized thereunder ("Project"). The Final EIR identifies a number of significant or potentially significant effects on the environment which may occur as a result of the Project. Although the City of Diamond Bar ("City") certified the Final EIR, pursuant to Section 15090 of Guidelines and subsequently prepared and posted a Notice of Determination of that action as required under Section 15094 of Guidelines, the City did not approve, conditionally approve or deny the Project or any of the alternatives identified in the Final EIR. Following its consideration of the Final EIR, the City has elected to approve Vesting Tentative Tract Map No. 32400 and defer subsequent actions on Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. In taking this action, the City has approved a development scenario which closely represents, but does not directly equate with Alternative No. 2 - East/West Canyon Preservation, as more thoroughly described in the Volume III -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan, included as a component of the Final EIR. The approval of Vesting Tentative Tract Map No. 32400, including any and all related discretionary actions, approvals and entitlements requisite to the construction and occupancy of that subdivision map ("Alternative Project") will produce direct, indirect and cumulative environmental effects which correspond to those effects identified for Alternative No. 2 - East/West Canyon Preservation, as described in the Final EIR. Although there presently exists other pending applications for discretionary actions within the geographic area of the Project which are independent of and distinct from Vesting Tentative Tract Map. No. 32400, the City has elected to defer final approval, conditional approval or denial of those separate applications. As a result, the City's actions concerning the Alternative Project are not intended to foreclose or otherwise limit other future actions that the City may take concerning other components of the Project. Although the Alternative Project area contains the same geographic boundaries as contained within the Project site, the Alternative Project represents an alternative which is separate and distinct from the Project more thoroughly described therein. In distinguishing the Alternative Project from the Project, the Alternative Project includes: (1) the development of up to ninety-one (91) single-family detached dwelling units within the area of Vesting Tentative Tract Map No. 32400, in the size, location and of the configuration generally depicted in the Final EIR; (2) the deferral of action on Vesting Tentative Tract Map No. 51407, resulting in the retention of the area comprising that subdivision map application as undeveloped open space, pending its subsequent reconsideration for an alternative land use (which reconsideration would be separate and Resawoo"-South Pouue Morter Pim Page 2 4653 FINDINGS distinct from the actions of the City as supported by these findings); and (3) the deferral of action on Tentative Tract Map No. 51253, resulting in the retention of the area comprising that subdivision map application as undeveloped open space, pending its subsequent reconsideration for an alternative land use (which reconsideration would be separate and distinct from the actions of the City as supported by these findings). Approval of Vesting Tentative Tract Map No. 32400 will allow an intensification of that portion of the Project site which is encompassed by that subdivision map. As a result, reference to the Alternative Project herein equates to the above described actions, all subsequent actions and activities which logically and reasonably follow as direct or indirect consequences thereof, including (but not limited to) all requisite entitlements and associated approval from both the Lead Agency and those Responsible Agencies and Trustee Agencies with jurisdiction under law over the Project site or the resources contained thereupon, and all direct, indirect and cumulative environmental effects which may occur as a result of those actions or activities. By certifying the Final EIR and adopting the Alternative Project, the City is provided an environmental basis under CEQA and Guidelines to approve the proposed vesting tentative map and to issue all applicable permits and related actions under the authority of the Lead Agency requisite to the construction of building pads, the provision of needed services and facilities and the construction of those improvements contemplated in the Final EIR. These findings, prepared by the City in its capacity as a Lead Agency, set forth the environmental basis for subsequent discretionary actions to be undertaken by the City to implement those activities precedent to the implementation of the Alternative Project. Section of the Findings and Facts in Support of Findings and Statement of Overriding Considerations Regarding the Final Environmental Impact Report for the South Pointe Master Plan, State Clearinghouse No. 92081040 ("Findings") sets forth findings regarding the significant or potentially significant environmental impacts identified in the Final EIR which, as a result of geographic area or other considerations, do not relate to those activities which may be undertaken or authorized by the City under the Alternative Project. Section 2 sets forth finding regarding the significant or potentially significant environmental impacts identified in the Final EIR which cannot feasibly be mitigated to a level which is not significant. Section 3 sets forth findings regarding the significant or potentially significant environmental effects of the Alternative Project which can feasibly be mitigated to a level which is not significant. Section 4 provides findings regarding the Project and other alternatives to the Project or to the Alternative Project discussed in the Final EIR. Section 5 sets forth mitigation measures for the Project which have been proposed, but not adopted by the City as conditions of approval for the Alternative Project, and states the reasons that the City determined not to adopt these mitigation measures. Section 6 contains findings regarding the Mitigation Reporting and Monitoring Program (Exhibit "B") for the Alternative Project. Section 7 provides the findings required under Section 21151.8 of the Public Resources Code. Section 8 consists of a Statement of Overriding Considerations which sets forth the City's specific reasons for finding that the benefits of the Alternative Project outweigh its unavoidable environmental effects. Raohidon-Sowrh Powe Moan Pram Page 3 4653 FINDINGS As applicable for each of the above referenced sections, the significant or potentially significant effects, resulting from the implementation of the Alternative Project, upon each of the topical issues examined in the Final EIR, have been referenced therein. Following each effect, the City identifies the findings of facts which constitute the basis for the City's actions. The findings set forth in each section herein are supported by findings of facts identified in the Final EIR and/or established in the administrative record of the Project. Rerolwdon-Soadr Pbinre Mara, Plan Page 4 4653 FINDINGS POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT WHICH DO NOT RELATE TO THE ALTERNATIVE PROJECT OR TO THOSE ACTIVITIES AUTHORIZED THEREUNDER The Final EIR encompasses both a geographic area and range of development activities inclusive of and in exceedance of that area and those activities encompassed by the approvals or conditional approvals of the City for the Alternative Project. Since the approvals and subsequent activities contemplated under the Alternative Project constitutes only an incremental component of those approvals and those activities defined by the entire Project and since specific environmental impacts identified in the Final EIR result from either the totality of the Project or specific element thereof, a number of the environmental impacts identified in that document are either not germane to the Alternative Project or, if germane, will manifest to a lesser degree than envisioned in the Final EIR. As a result, the City has determined that the following impacts, as identified in the Final EIR, are either not attributable to those areas or activities of the Alternative Project which are within the purview of the City or will not occur or otherwise manifest through the implementation of the Alternate Project selected by the City and addressed by these findings. 1.1 Land Use 1.1.1 Potential Effect: The introduction of commercial/office land uses in close proximity to proposed residential units may produce potential land use conflicts (e.g., noise, light/glare) based upon differences in the operational characteristics of those uses. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following facts and/or measures are presented in support of these findings: (a) No commercial/office development activities, as identified in the South Pointe Master Plan, are authorized by the City under the Alternative Project or may directly or indirectly result from the implementation of those activities to be undertaken by the project proponent(s) as a result of the actions by the City. (b) Residential and associated development activities authorized under the Alternative Project are consistent with existing and planned adjoining land uses and will neither adversely and significantly impact those adjoining land uses nor expose occupants to any adverse and significant effects as a result of that proximity. Ruoh om-Sauk Pointe Mase► Plan Page 5 4653 FINDINGS (c) Since implementation of the Alternative Project will not result in the introduction of land uses not presently in existence in the Project area, no land use conflicts with existing or planned uses are anticipated to occur. SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT THAT CANNOT FEASIBLY BE MITIGATED TO A LEVEL WHICH IS NOT SIGNIFICANT The City has determined that mitigation measures and proposals included in the Final EIR and adopted by the City will result in a substantial mitigation of potential environmental effects identified in the Final EIR. Since the Alternative Project will occur within that geographic area analyzed in the Final EIR and since Alternative Project development will incrementally contribute to those conditions which may predicate the creation of significant or potentially significant environmental effects as identified in the Final EIR, the City finds that the following significant or potentially significant environmental impacts identified in the Final EIR may continue to exist as a result of those activities authorized under the Alternative Project. 2.1 Earth 2.1.1 Potential Effect: Implementation of the Alternative Project will result in landform alterations in the vicinity of those grading activities, as required to create the building pads and systems for that development activity authorized thereunder. Finding: The City hereby makes finding (1). Facts in Support of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Landform alterations shall be confined to those areas needed to accommodate the building pads and associated improvements, as represented in Vesting Tentative Tract Map No. 32400, and, to the maximum extent feasible, shall be confined to the geographic area represented by that subdivision map. (b) The resulting land use is consistent with those existing and proposed uses located in proximity to the Alternative Project site, will not adversely impact those uses and Re ohaion-SmA Pouue M"w Pion Page 6 1653 FINDINGS will not narrow or otherwise foreclose the development of allowable uses upon those properties. (c) By implementing the Alternative Project, a significant percentage of the Project site will be retained in its existing, natural condition; thereby, limiting the potential visual and related effects associated with this landform alteration. (d) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City of Diamond Bar and/or County of Los Angeles standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles, California (Petra Geotechnical Incorporated, October 19, 1988) and such other geotechnical reports as may be prepared for the site and/or required by the City and/or County. 2.2 Biological Resources 2.2.1 Potential Effect: Alternative Project development may necessitate the removal of approximately 333 specimen -sized oak trees presently located within and adjoining the areas where grading operations and associated activities are anticipated. Findings: The City hereby makes findings (1) and (2). Facts in Support of Findinga: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Based upon the potential existence of oak trees (genus Quercus) within the Project site, a number of surveys of the Project site were conducted by qualified arborists, in accordance with the methodologies established in Part 16 -Chapter 2256 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code. Those survey reports, resulting therefrom, were incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines and include, but are not limited to, the findings of a field reconnaissance of the area of Vesting Tentative Tract Map No. 32400, entitled Oak Tree Report (Ted L. Hanes, Ph.D., Certified Arborist No. 563, April 4, 1991). (b) Should implementation of the Alternative Project impact any oak trees which meet the standards contained in Part 16 -Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or any similar ordinance enacted by the City prior to the commencement of grading operations, the project proponent(s) shall mitigate any Rnoluoion-SPI&A PO&W Mauer Plan Page 7 4653 FINDINGS impacts to those trees in the manner and in accordance with the replacement ratio identified therein. (c) Based upon the analysis presented in the Final EIR, the following revised mitigation measure has been identified and made a condition of Alternative Project approval: Prior to the initiation of grading activities, the project proponent(s) shall formulate and the City shall review and, upon acceptance by the City, approve an implementation strategy for oak tree mitigation, in accordance with Part 16 -Chapter 2256 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or similar ordinance enacted by the City prior to the commencement of grading operations, including a performance schedule for compliance with all conditions imposed upon the recipient(s) of that permit(s) issued by the City of Diamond Bar. 23 Air Quality 2.3.1 Potential Effect: During construction operations, projected nitrogen oxide emissions are anticipated to exceed established criteria for significance. Based on information presented in the Final EIR for the Project, long-term emissions for both carbon monoxide and nitrogen oxides are projected to exceed SCAQMD threshold values.- Findin : The City hereby makes finding (1). Facts in Support of Fin&S: The following facts and/or measures are presented in support of this. finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) In accordance with the methodologies contained in the South Coast Air Quality Management District's ("SCAQMD") CEQA Air Quality Handbook (SCAQMD, April 1993) and as extrapolated based upon information contained in the Final EIR, the volume and intensity of grading activities requisite to the development of the Alternative Project will result in an exceedance of established threshold criteria for nitrogen oxides. Based upon the reduced scale of development authorized under the Alternative Project (in comparison with the Project), long-term emission projections for carbon monoxide will, however, fall below threshold values for significance as established by the SCAQMD. (b) All grading and associated activities to be conducted in furtherance of the Alternative Project will be conducted in a manner consistent with an approved grading plan and sound engineering practices. These efforts will minimize delays in the finalization of these activities and will produce a cessation of these activities within the shortest possible time frame. Ruduaon-s"A Powe Mase Plan Page 8 4653 FINDINGS will not narrow or otherwise foreclose the development of allowable uses upon those properties. (c) By implementing the Alternative Project, a significant percentage of the Project site will be retained in its existing, natural condition; thereby, limiting the potential visual and related effects associated with this landform alteration. (d) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City of Diamond Bar and/or County of Los Angeles standards and shall conform with recommendations contained in the Preliminary Soils Engineer* Investigation for Tentative Tract No. 32400, County of Los Angeles, California (Petra Geotechnical Incorporated, October 19, 1988) and such other geotechnical reports as may be prepared for the site and/or required by the City and/or County. 2.2 Biological Resources 2.2.1 Potential Effect: Alternative Project development may necessitate the removal of approximately 333 specimen -sized oak trees presently located within and adjoining the areas where grading operations and associated activities are anticipated. Findings: The City hereby makes findings (1) and (2). Facts in Support of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Based upon the potential existence of oak trees (genus Quercus) within the Project site, a number of surveys of the Project site were conducted by qualified arborists, in accordance with the methodologies established in Part 16 -Chapter 2256 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code. Those survey reports, resulting therefrom, were incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines and include, but are not limited to, the findings of a field reconnaissance of the area of Vesting Tentative Tract Map No. 32400, entitled Oak Tree Report (Ted L. Hanes, Ph.D., Certified Arborist No. 563, April 4, 1991). (b) Should implementation of the Alternative Project impact any oak trees which meet the standards contained in Part 16 -Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or any similar ordinance enacted by the City prior to the commencement of grading operations, the project proponent(s) shall mitigate any Resolution -SOMA Pana Mester P/M Page 7 4653 FINDINGS (c) Pursuant to the noticing obligations of CEQA and Guidelines, the SCAQMD has submitted to the City and the City has reviewed and considered numerous mitigation measures which are designed to minimize potential air quality impacts associated with both the construction and operational phases of development activities. Based upon that information, the City has determined that the following mitigation measures are applicable to the construction phase of the Alternative Project and the City has adopted the following measures as conditions of Alternative Project approval: ° During construction activities, the project proponent(s) shall apply approved chemical soil stabilizers, according to manufacturers' specifications, to all inactive construction areas (i.e., previously graded areas inactive for four days or more). ° During construction activities, the project proponent(s) shall suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles -per -hour (mph). During construction activities, the project proponent(s) shall sweep affected streets at the end of each work day if any visible soil material is carried over to adjacent thoroughfares. The SCAQMD recommend the use of water sweepers which use reclaimed water. ° During construction activities, the project proponent(s) shall apply water or chemical soil stabilizers, according to manufacturers' specifications, twice daily to all unpaved parking or staging areas and unpaved road surfaces, if required for dust control. During construction activities, the project proponent(s) shall 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 of the City of Diamond Bar. ° During construction activities, the project proponent(s) shall apply washers where vehicles exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site every trip in designated areas of the site. During construction activities, the project proponent(s) shall maintain traffic speeds on all unpaved road surfaces to 15 mph or less. ° All trucks hauling dirt, sand, soil or other loose materials off of the site are to be covered and shall maintain at least six inches of freebound (i.e., minimum required space between top of the load and top of the trailer) based upon a level load. Raolwion-Smuh Pointe Mauer Plan Page 9 4653 FINDINGS ° 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. Pave all construction access roads at least 100 feet onto the site from the main road. Use methanol or low -sulfur pile drivers. ° Use low -sulfur fuel for stationary construction equipment pursuant to Rule 431.2. Suspend use of all construction equipment operations during second stage smog alerts. For daily forecast call: (800) 242-4022 (Los Angeles and Orange Counties) or (800) 367-4710 (San Bernardino and Riverside Counties). During construction activities, the project proponent(s) shall water active sites at least twice daily. ° Use construction equipment that has catalytic convertors (for gasoline powered equipment). Prevent trucks from idling longer than two minutes. ° Configure construction parking to minimize traffic interference. ° Use solar or low -emission water heaters. Use central water heating systems. Building and subdivision orientation should be to the north for natural cooling. ° Provide shade trees to reduce building heat. (d) The City has further determined that the following mitigation measures, as identified by the SCAQMD following consultation with that agency, are applicable to the operational phase of the Alternative Project and has adopted the following measures as conditions of Alternative Project approval: ° To the maximum extent feasible, use built-in energy efficient appliances. ° To the maximum extent feasible, use energy efficient and automated controls for air conditioners. Peswuoan-SOU& Pol�w MMM Plan Page 10 4653 FINDINGS To the maximum extent feasible, use double -glass paned windows. 2.3.2 Potential Effect: The Alternative Project, in combination with other development activities anticipated to occur throughout the region, will result in a regional increase in traffic and a corresponding increase in air quality emissions. Based upon the existing non - attainment status of the South Coast Air Basin, and threshold criteria established by the SCAQMD, the resulting cumulative air quality impact is anticipated to be significant. Findings: The City hereby makes findings (1) and (2). Facts in Sunoort of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The Project site is located within the South Coast Air Basin which, as a result of topographic and meteorological factors is highly susceptible to air pollution accumulation created by dense population centers, heavy vehicular traffic and industrial activities: Based upon these conditions and factors, the South Coast Air Basin is considered "non attainment" for a number of criteria pollutants (e.g., peak ozone levels exceed federal and State standards). (b) The California Clean Air Act designates the SCAQMD as the agency principally responsible for comprehensive air pollution control within the South Coast Air Basin. In that role, the SCAQMD is responsible for reducing emissions from stationary, mobile and indirect sources. (c) Federal and State statutes require that each "non attainment" area prepare a plan to reduce air pollr',*im levels. The 1991 Air. Quality Management Plan provides a comprehensive strategy, attainment and rule-making schedule for the achievement of those ends. (d) As indicated in the Final EIR, the Project appears consistent with. the forecasts presented in the Air Quality Management Plan. Since the Alternative Project is identified as a component of the Project, and since the Alternative Project will produce potential air quality impacts which are less than those associated with the Project, the City concludes that the Alternative Project is consistent with the Air Quality Management Plan. (e) The City has adopted specific mitigation measures recommended by the SCAQMD and made those measures conditions of Alternative Project approval. These actions will minimize, but not avoid, potential impacts of the Alternative Project upon air quality within the South Coast Air Basin. Rmhawn-SarO Panne Maser Plan Page 11 4653 FINDINGS 2.4 Transportation/Circulation Impacts 2.4.1 Potential Effect: The Alternative Project, in combination with other development activities anticipated to occur throughout the region, will result in a regional increase in traffic. That cumulative increase will result in an exceedance of design capacities at a number of Project area intersections. Notwithstanding the implementation of the Project or Alternative Project, cumulative traffic impacts have been determined to be significant. Fines: The City hereby makes findings (1) and (2). Facts in S=port of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) As indicated in the Final EIR, based upon existing intersection geometrics and estimated year 1997 background traffic volumes, excluding any development upon the Project site, an adverse level of service ("LOS") is expected at six (6) key intersections in the Project vicinity during either one or both of the peak hours. (b) The completion of those previously identified intersection improvements will result in acceptable service levels at all but one of those key intersections. The intersection of Colima Road and the eastbound SR -60 ramps is forecasted to operate at LOS "E" during the A.M. peak hour with the completion of the maximum feasible improvements at that intersection. (c) Mitigation measures have been included in the Final EIR, and adopted as conditions of Alternative Project approval, which will reduce but not avoid Alternative Project -related impacts upon local and regional circulation systems. k, SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECT IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT WHICH CAN BE MITIGATED TO A LEVEL WHICH IS NOT SIGNIFICANT The City has determined that mitigation measures identified in the Final EIR or subsequently identified by the City, and included as conditions of approval for the Alternative Project, will result in a substantial mitigation of the following effects and that these effects can be feasibly mitigated to a level which is not determined by the City to be significant. P'"O a wn-South Pobve M W Plop Page 12 4653 FINDINGS 3.1 Land Use 3.1.1 Po�ential Effect: As proposed, development of the South Pointe Master Plan is not consistent with applicable City of Diamond Bar General Plan and Zoning Ordinance policies applicable to the Project area. Implementation of the South Pointe Master Plan would, therefore, necessitate a General Plan Amendment, Zone Change and/or Conditional Use Permit to accommodate the proposed land use. Conversely, the Alternative Project is consistent with the draft City of Diamond Bar General Plan, currently undergoing public review and would not require either a General Plan Amendment or Zone Change. Finding: The City hereby makes finding (1). Facts in Support of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) By approving the Alternative Project in lieu of the Project, the City's actions affect only portions of the entire area addressed under the South Pointe Master Plan and analyzed in the Final EIR. Specifically, the entitlements and related approvals issued or conditionally issued by the City, in its capacity as Lead Agency, address only the northeastern 45± acres of the larger 171± acre Project site. (b) By confining its approval or conditional approval to only a portion of the entire Project area, no approvals or conditional approvals have been authorized by the City concerning those discretionary actions requested under or anticipated from the approval or conditional approval of Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, as more thoroughly described in the Final EIR. (c) Although the Final EIR examined the direct, indirect and cumulative environmental effects resulting from the approval of Vesting Tentative Tract Map Nos. 32400 and 51407 and Tentative Tract -Map No. 51253, including all related entitlements and associated approvals associated therewith, the approval or conditional approval of the Alternative Project, as addressed herein, is confined to only Vesting Tentative Tract Map No. 32400 and its related entitlements and associated approvals. (d) Based upon a technical review of the land use and related policies contained in both the previous City of Diamond Bar General Plan and that draft document presently undergoing public review, but not as of this date formally adopted by the City, the type, density and scale of the land uses represented by the Alternative Project and inclusive of (but not limited to) Vesting Tentative Tract Map No. 32400, appear consistent with the previous policies of the City, as represented in the prior policy documents of the City, and the intent of the now pending draft City of Diamond Bar General Plan, subject to the Re or mon-saah Powe Mann Plan Page 13 4653 FINDINGS issuance of a Conditional Use Permit in a form and manner described in the City's Hillside Management Ordinance. (e) Implementation of the Alternative Project will, therefore, neither conflict with existing or proposed general plan documents of the City nor the zoning policies applicable to the Project site. (f) Implementation of the Alternative Project will not narrow or foreclose future opportunities available to the City and/or other Responsible or Trustee Agencies, as defined in CEQA and Guidelines and as identified in the Final EIR, from planning and pursuing alternative land use plans for the remaining components of the Project site which have the potential to foster long-term resource preservation opportunities within the City. 3.1.2 Potential Effect: Project development will result in the long-term commitment of the Alternative Project site to an urban use, resulting in the loss of existing open space opportunities within the City. Finding: The City hereby makes finding (1). Facts in Support of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Under the Alternative Project, only an area of approximately 45± acres will undergo a transformation from an open space to an urbanized use; no such transformation will occur within the remaining 126± acres of the Project site which will be retained in its existing condition, pending subsequent entitlements by the City or other Responsible Agencies separate from and independent of the City's actions concerning the Alternative Project. (b) Those portions of the Project site which are not to be developed under the Alternative Project possess natural,- biological and aesthetic resources similar to or in exceedance of those resources evident upon that area within the Alternative Project site upon which Vesting Tentative Tract Map No. 32400 will be constructed. (c) Mitigation measures, as identified herein, and other compensating actions have been identified by the City and accepted by the project proponent(s), including (but not limited to) the retention of approximately 8± acres of Vesting Tentative Tract Map No. 32400 as open space. These measures and compensating actions will minimize this identified effect and reduce the impacts associated therewith to a level deemed by the City to be less than significant. Rmh,wa-SmA Pante Marra plan Page 14 4653 FINDINGS (d) No development, deed or map restrictions exist upon the area of Vesting Tentative Tract Map No. 32400 which would limit or otherwise restrict its development in the manner depicted upon that subdivision map. (e) Based upon a technical review of the land use and related policies contained in both the previous City of Diamond Bar General Plan and that draft document presently undergoing public review, but not as of this date formally adopted by the City, the type, density and scale of the land uses represented by the Alternative Project and inclusive of (but not limited to) Vesting Tentative Tract Map No. 32400, appear consistent with the previous policies of the City, as represented in the prior policy documents of the City, and the intent of the now pending draft City of Diamond Bar General Plan, subject to the issuance of a Conditional Use Permit in a form and manner described in the City's Hillside Management Ordinance. (f) Implementation of the Alternative Project will not narrow or foreclose future opportunities available to the City and/or other Responsible or Trustee Agencies, as defined in CEQA and Guidelines and as identified in the Final EIR, from planning and pursuing alternative land use plans for the remaining components of the Project site which have the potential to foster long-term resource preservation opportunities within the City. 3.2 Earth 3.2.1 Potential Effect: Alternative Project development will introduce future Alternative Project area residents, employees and structures into seismically active southern California and, thereby, exposing those individuals and improvements to those geotechnical hazards evident within the region. Findings: The City hereby makes findings (1) and (2). Facts in Support of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) All grading activities and physical improvements to or upon the Alternative Project site shall be undertaken and conducted in accordance with applicable building codes and associated standards and shall undergo review and inspection by either the City Engineer of the City of Diamond Bar and/or County Engineer of the County of Los Angeles. (b) Based upon the analysis presented in the Final EIR, the following revised mitigation measure has been identified and made a condition of Alternative Project approval: lekqudon-sow Pomw Master Plop Page 15 4653 FINDINGS All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City of Diamond Bar and/or County of Los Angeles standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles, California (Petra Geotechnical Incorporated, October 19, 1988) and such other geotechnical reports as may be prepared for the site and/or required by the City and/or County. (c) Based upon the analysis presented in the Final EIR, the following mitigation measure (as extracted from the Final EIR) has been identified and made a condition of Alternative Project approval: All geologic, geotechnical and soils studies conducted for the project and all engineering analyses conducted by or in behalf of the City of Diamond Bar and/or project proponent(s) for the proposed grading plan shall be submitted to and, upon acceptance, approved by the City prior to the commencement of grading operations. 33 Water 3.3.1 Potential Effect: Alternative Project implementation has the potential to alter existing drainage patterns on-site, including increasing the quantity of stormwater discharged to the regional storm drain system and decreasing the quality of that runoff. In addition, grading activities may result in the disposal of dredged or fill material into those blueline streams as identified on the 7.5 minute USGS Yorba Linda Quadrangle. Those watercourses may be subject to the jurisdiction of the U.S. Army -Corps of Engineers, California Department of Fish and Game and California Regional Water Quality Control Board. Findings: The City hereby makes findings (1) and (2). Facts in Support of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The Project site is located within the Diamond Bar Creek watershed area which conveys stormwater runoff in a northwesterly direction toward San Jose Creek. Diamond Bar Creek contains the only. identified potential flood hazard area within the City. In response to that potential hazard, the Los Angeles County Department of Public Works has identified a number of drainage improvements within that watershed, including specific improvements within and adjoining the larger Project site. Resah"n-South Pouw A &sW wan Page 16 4653 FINDINGS (b) Based upon information presented in the hydrology and hydraulic study entitled Master Plan Hydrology Study - South Pointe Master Plan (Church Engineering, Incorporated, November 1992), incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines, the existing 60 -inch drainage facility, maintained by the California Department of Transportation and located in Brea Canyon Road, and the 60 -inch drainage facility maintained by the County of Los Angeles and identified as P.D. 1411, located in the vicinity of Rapid View Drive, can adequately accommodate projected discharge resulting from the development of the Project. Since the Alternative Project will generate a reduced volume of stormwater runoff, based upon a reduction of the amount of impervious surfaces to be constructed upon the Project site, existing off-site drainage facilities are adequate to handle Alternative Project discharge. (c) Drainage deficiencies in the Project area have been identified as capacity constraints to those existing facilities located in proximity to Fairlance Drive, based upon both existing conditions and projected increases to stormwater discharge resulting from physical improvements upon and alteration of the northwesterly portion of the Project site. Development activities anticipated to occur under the Alternative Project will not involve any significant alterations to that drainage area or increases in surface flows discharged to those facilities. (d) . Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: Drainage shall be disposed of in a manner satisfactory to the City Engineer of the City of Diamond Bar and/or 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 the Los Angeles County Department of Public Works and/or the City of Diamond Bar. The project proponent(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 required by the City Engineer of the City of Diamond Bar and/or County Engineer of Los Angeles County-, (2) the construction of in -tract and off-site storm drain system improvements as required by the City Engineer and/or County Engineer, and (3) any permits or other assessments imposed by the City Engineer and/or County Engineer. Prior to the approval of the final tract map, a special maintenance district or other funding mechanism acceptable to and approved by the City Engineer of the City of Diamond Bar and/or County Engineer of Los Angeles County shall be established for the maintenance of on-site storm drainage facilities. Rerohd.-South Panne Mnuer P/on Page 17 1653 FINDINGS Prior to the issuance of a grading permit for any proposed alteration to the streambed of that watercourse which exists on-site, the project proponent(s), if applicable under State and/or federal law, shall obtain a Section 404 permit from the U.S. 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 riparian areas. Prior to the initiation of grading operations, the project proponent(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City of Diamond Bar, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. 3.4 Biological Resources 3.4.1 Potential Effect: Alternative Project development will result in the removal of that on-site vegetation which presently exists within and proximal to the areas where grading operations are anticipated. Finding: The City hereby makes finding (1). Facts in Support of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The removal of existing vegetation will be limited, to the maximum extent feasible, to thcse areas where landform alterations are required for Alternative Project implementation. (b) Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: The landscape palette for the project shall emphasize the use of drought tolerant, native plant species with low-water requirements, adapted to the inland southern California climate. 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 POVA don-Soiuh Poing Marler Plop Page 18 4653 FINDINGS 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 Baccharis pilularis Ceanothus spp. Cercis occidentalis Heteromeles arbutifolia Lonicera spp. Platanus racemosa Prunus dicifolia Rhamnus californica Rhamnus ilicifolia Rhus ovata Ribes malvaceum Yucca whipplei Zauschneria californica Prior to the implementation of grading operations, the project proponent(s) shall prepare and the City of Diamond Bar shall review and consider a watering plan for newly planted areas; upon acceptance by the City, the project proponent(s) shall implement the watering schedule specified therein until such time as vegetation in those areas is established. 3.4.2 Potential Effect: Grading activitieswill potentially result in the placement of dredged or fill materials in two blueline streams, as identified on the USGS Yorba Linda Quadrangle. Findings: The City hereby makes findings (1) and (2). Facts in Support of Finding: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: . (a) Prior to the initiation of those grading activities which may result in the placement of fill or dredged materials into jurisdictional waters of the United States, the project proponent(s) will be required to obtain the following permits or approvals from the agencies listed: (1) Section 401 water quality certification from the California Regional Water Quality Control Board; (2) Section 1601-1607 permit from the California Department of Fish and Game; and (3) Section 404 permit from the U.S. Army -Corps of Engineers. Issuance of those permits by those agencies, including performance of all permit conditions contained therein, constitutes both an acknowledgement of this identified effect and an established procedural mechanism to mitigate any and all direct, indirect and cumulative impacts upon those jurisdictional waters and the resources associated therewith to a level deemed, by the City and the above referenced Responsible Agencies, to be less than significant. ResWunon-Sough Pointe Mauer Plan Page 19 4653 FINDINGS N Grading activities upon the Alternative Project site, except for these activities which may be undertaken by or in behalf of other governmental agencies holding real property interests upon property witain the project site, will be subject to (and conditioned by) grading and associated permits issued by the City and affected Responsible Agencies for those activities. All grading activities will be monitored by City inspectors and will be conducted in accordance with an approved grading plan, the terms and conditions of those permits and sound engineering practices. (c) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: Prior to the issuance of a grading permit(s) and if required by affected resource agencies, the project proponent(s) shall obtain a Section 401 water quality certification. from the California Regional Water Quality Control Board, a Section 404 permit from the U.S. Army -Corps of Engineers and a Section 1601-1607 streambed alteration agreement from the California Department of Fish and Game. 3.4.3 PotentialEffect: Grading activities, including the removal of existing trees on-site,. has the potential to affect nesting birds of prey (raptors) which may inhabit the property during those operations. 'ndi : The City hereby makes finding (1). Facts in Support of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Based upon numerous Project -specific biological surveys, as incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines, no raptor nests were identified as existing upon either the Project or the Alternative Project site. Based upon the existence and number of oak trees which presently exist upon that site, raptor nests may be subsequently discovered prior to the commencement of grading operations. (b) Raptor nests are protected under both federal and State law when the nesting sites are in use. During these periods, neither the nest, the tree housing the nest nor the immediate area in proximity to that nest can be disturbed. (c) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: In compliance with Section 3503.5 of the California Fish and Game Code, if any raptor nests are discovered prior to or concurrent with grading activities, the project proponent(s) shall notify the City of Diamond Bar, contact the s -A Powe Matter Plop 4659 Page 8e 20 California Department of Fish and Game, and shall comply with all appropriate procedures relative to grading operations in proximity to those nests. 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/or (3) constructing artificial nesting platforms for raptors and other birds. As part of the replacement strategy authorized under the Oak Tree Ordinance, an oak tree mitigation plan shall be submitted to the City of Diamond Bar which will mitigate for the loss of individual oak trees as well as the oak woodland habitat. In addition to satisfying the conditions set forth in Part 16 - Chapter 2256 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or similar ordinance enacted by the City prior to the commencement of grading operations, the mitigation plan shall require the selective placement or planting of replacement oak trees and typically associated vegetation in a characteristic oak woodland assemblage. This aggregation of oak trees and associated plants will seek to establish a natural, viable plant community in the area of that replacement, as opposed to the widespread or random distribution of replacement trees at various locations throughout the project area. 3.5 Transportation/Circulation 3.5.1 Potential Effect: Ambient traffic growth anticipated to occur in the Project vicinity, as modeled through the year 2002, will result in Level of Service ("LOS") forecasts of LOS "E" or LOS "F' during at. ',rust 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. Fines: The City hereby makes findings (1) and (2). Facts in Support of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) In an attempt to ascertain the direct, indirect and cumulative traffic -related impacts associated with the Project, a detailed traffic study was conducted by the firm of Linscott, Law & Greenspan, Engineers and contained in the report entitled Draft Traffic Study Report - Mi;wd Use Project West of Brea Canyon Road, incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines. Although the above referenced study examined the implementation of the totality of the Project, the methodology contained Revolution -South Pouw Marro Plan Page 21 4653 FINDINGS therein provides sufficient information to extract from that analysis the traffic -related effects associated with and resulting from the Alternative Project. (b) Based upon the reduction in traffic -generation forecasts associated with the Alternative Project, as compared to the Project, including the anticipated time frame when Alternative Project impacts can be envisioned, the near-term peak -hour analysis, as contained in the above referenced traffic study, was utilized as the target year against which impacts were assessed. Alternative Project traffic was estimated pursuant to the therein described methodology, as illustrated in the Final EIR, and added to Scenario B: Background Conditions (Year 1997), as defined therein. (c) Based upon the information contained in the traffic study, and subsequently re-examined by the City, based upon the reduced scale of the Alternative Project, the City concludes: (1) cumulative peak -hour traffic impacts upon the Colima/Eastbound SR -60 Ramps will exceed design capacities for that intersection, irrespective of the Project or Alternative Project; and (2) all other study area intersections will not be impacted to a level deemed by the City to be significant, subject to the implementation of specific near-term improvements to select intersections and roadway segments, as identified in the Final EIR. (d) To mitigate cumulative development impacts upon those study area intersections identified in the Final EIR as necessitating subsequent modification, the project proponent(s) shall contribute and the City shall administer a "fair share" contribution of the costs associated therewith, in a form and manner deemed acceptable by the City. (e) The City has determined that a "fair share" contribution to the improvement of the following intersections and street segments will substantially mitigate traffic -related impacts and has adopted this obligation as a condition of Alternative Project approval: ° Colima Road/Golden Springs Drive/Brea Canyon Road. Within the existing street width, stripe a southbound, an eastbound and a westbound right -turn lane. This improvement will require the elimination of street parking near the intersection on these three approaches. ° Colima Road/Lemon Avenue. Convert the existing southbound through lane on Lemon Avenue to a through/left option lane to accommodate left -turn volume. The traffic signal and striping shall be adequate to be operated with split phasing on the north and south approach. ° Colima Road/Eastbound SR -60 Ramps. Convert the eastbound Colima Road approach from one left -turn lane, two through lanes and a right -turn lane to two left -turn lanes and two through lanes. ° Brea Canyon Road/Westbound SR -60 Ramps. Add a second northbound left - turn lane within the existing right-of-way width. Add a third southbound Ruohwon-Sou+h Pointe Meru, Plan Page 22 4659 FINDINGS through lane and a southbound right -turn lane, plus a third lane on the Pomona (SR -60) Freeway off -ramp. The additional lane on the off -ramp and the southbound right -tarn lane will require street widening. ° Brea Canyon Road/Colima Road/Golden Springs Drive. Stripe a northbound right -tum lane within the existing street width. Add a second southbound left - turn lane and convert the existing eastbound right -turn lane to an eastbound through/right option lane. Brea Canyon Road. Construct full -width street improvements to the section as approved by the City. Pathfinder Road/Brea Canyon Road. Install a traffic signal. as approved by the City. Pathfinder Road/Southbound SR -57 Ramps. A second eastbound through lane is required to accommodate background year 1997 traffic volumes at the Pathfinder Road/northbound SR -57 ramps. The Pathfinder Road/SR-57 Freeway overcrossing is expected to be widened to four lanes prior to 1997. ° Pathfinder Road/Northbound SR -57 Ramps. A second through lane is required in both directions on Pathfinder Road at the northbound SR -57 ramps. (f) Based upon the analysis presented in the Final EIR, the following revised mitigation measures have been identified and made conditions of Alternative Project approval: Concurrent with the development of Vesting Tentative Tract Map No. 32400, and prior to the issuance of a use and occupancy permit for any of the residential units contained therein, the project proponent(s) shall improve Brea Canyon Road to the planned four -lane cross-section of that roadway, as determined by the City Engineer. A left -turn lane shall be provided at the proposed point of vehicular ingress and egress along Brea Canyon Road. That access point shall be designed to ensure adequate sight distances along that roadway, street grades and landscape improvements adjacent thereto shall be evaluated by the City of Diamond Bar and, if required, modified to avoid interference of safe line -of - sight distances. Prior to the approval of the final vesting map, the project proponent(s) shall submit, and the City of Diamond Bar shall review and consider, a traffic signal warrant to determine whether a traffic signal is required at that access point Raohieon-South Poing Mater Pro., Page 23 4653 FINDINGS to the subdivision map area from Brea Canyon Road. If deemed warranted by the City, based upon the findings of that traffic analysis, the project proponent(s) shall either construct or advance the funds to construct an operable traffic signal of the type and in a time frame as determined appropriate by the City. (g) By approving Vesting Tentative Tract Map No. 32400 in isolation of other proposed or pending actions within the larger Project area, the secondary access that was initially proposed as part of that tract map application cannot be implemented in the manner as described in the Final EIR. (h) To ensure the availability of adequate secondary access to Vesting Tentative Tract Map No. 32400, the following additional mitigation measure has. been identified and made a condition of Alternative Project approval: Secondary access shall be provided to the project site, as determined by the City Engineer. 3.6 Noise 3.6.1 Potential Effect: Based upon the site's proximity to both the Orange (SR -57) Freeway and Brea Canyon Road, residential and commercial land uses proposed in the vicinity of those roadways may be exposed to noise levels in exceedance of adopted municipal guidelines. Finding: The City hereby makes finding (1). Facts in Support of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) No commercial uses are proposed as part of the Alternative Project or are anticipated to result therefrom. As a result, only residential noise standards shall apply to the Alternative Project. (b) Based upon the analysis presented in the Final EIR, the following revised mitigation measure has been identified and made a condition of Alternative Project approval: To minimize noise levels in the vicinity of the SR -57 Freeway, as perceived by those future residential receptors which will occupy dwelling units in proximity to that roadway, the design of those residential units which have frontage along Brea Canyon Road or which, in the absence of an adjoining slope Ratohuion-South Pbuw Maser Plan Page 24 4653 FINDINGS easement, would abut that roadway, shall include additional noise attenuation to a degree sufficient to ensure that the exterior areas of said units conform to the City of Diamond Bar's exterior residential standards. Noise attenuating design options include, but are not limited to, the construction of a noise barrier of a minimum height of eight (8) feet, as measured from the pad elevation of the corresponding lot upon which the noise barrier is constructed. Prior to the issuance of a use and occupancy permit for any of the dwelling units which are so situated, the project proponent(s) shall submit, and the City shall review and consider, the findings of an acoustical analysis demonstrating compliance with applicable municipal noise standards. 3.6.2 Potential Effect: Noise associated with grading operations may impact existing residential receptors in proximity to those activities. Finding: The City hereby makes finding (1). Facts in Su,Rport of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Construction equipment noise comes under the control of the United States Environmental Protection Agency's Noise Control Program, codified in Part 204 of Title 40 of the Code of Federal Regulations. (b) Noise impacts from site preparation and building construction are short-term in duration, will cease upon completion of construction operations and are subject to compliance with applicable policies and ordinances of the City of Diamond Bar and the County of Los Angeles. (c) Based upon the analysis presented in the Final EIR, the following revised mitigation measure has been identified and made condition of Alternative Project approval: Excavation, grading and other construction activities shall be restricted to hours between 7:00 A.M. and 5:00 P.M. Monday through Friday and between 8:00 A.M. and 5:00 P.M. on Saturday. No construction activities shall be authorized to occur on Sundays, unless otherwise approved by the City of Diamond Bar. (d) Based upon the analysis presented in the Final EIR, the following mitigation measures (as extracted from the Final EIR) have been identified and made conditions of Alternative Project approval: R&vI WwSourh Pante Marra Plan Page 25 4653 FINDINGS 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 and/or County of Los Angeles. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy -equipment truck trips. 3.7 Police Protection 3.7.1 Potential Effect: Project implementation will result in the introduction of additional Project area residents and employees onto the Project site, including the introduction of both residential and non-residential land uses. These actions will increase existing demands upon police services within the Project boundaries. Findings: The City hereby makes findings (1) and (2). Facts in Support of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The Los Angeles County Sheriffs Department provides law enforcement services to the City of Diamond Bar from its Walnut -San Dimas Station. This station is located at 21695 East Valley Boulevard (City of Walnut), approximately 2.6 miles from the Alternative Project site. The Walnut -San Dimas Station is currently staffed with 233 sworn officers and 44 civilian (non -sworn) personnel. The Walnut -San Dimas Station presently accommodates a regional population estimated to total approximately 225,000 individuals. This station is presently equipped with 40 patrol cars. From this station, 18 patrol cars and 34 sworn personnel (including 24 patrol officers) are presently allocated to the City of Diamond Bar. (b) In the event of an emergency or a disaster requiring response beyond the capabilities of the Walnut -San Dimas Station, additional Los Angeles County Sheriffs Department personnel can respond from either the Industry Station (150 North Hudson, Industry) or San Dimas Station (122 North San Dimas, San Dimas). (c) The Los Angeles County Sheriffs Department has indicated that it can serve the police protection needs of the City at buildout, based upon existing regional facilities. (d) On-site security measures, to be implemented by the project proponent(s) during the construction phase of the Alternative Project, will minimize the likelihood of criminal activities perpetuated against any individuals, equipment or property located upon the Alternative Project site during those activities and will mitigate any potential impacts to a level deemed by the City to be less than significant. Rek4awn-s"A Pointy ,Nage. won Page 26 4653 FINDINGS (e) Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: Prior to the issuance of building permits, the Los Angeles County Sheriffs 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. Security features which shall be incorporated into the final design may include: (1) residential dwelling unit orientation which facilities "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. The project proponent(s) or subsequent homeowners' association shall participate in neighborhood involvement programs established by the Los Angeles County Sheriffs Department to increase community awareness and, thereby, help reduce potential criminal occurrences in the City. 3.8 Fire Protection 3.8.1 Potential Effect: Although Project development.has the potential to reduce existing wildland fire hazards now evident on-site, the introduction of new residents, employees and property improvements will increase demands upon fire protection and paramedic services. Findings: The City hereby makes findings (1) and (2). Facts in Support of Findin¢s: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Fire protection and paramedic services are provided to the Project site by the Los Angeles County Fire Department. Initial fire protection and paramedic response is provided from Station No. 119, located at 20480 East Pathfinder Road (Rowland Heights). (b) The Project site is located in a wildland fire hazard area (i.e., Fire Zone 4), as designated by the Los Angeles County Fire Department, and is susceptible to brush fires as a result of the flammable nature of vegetation occurring on and adjacent to the Project site. These conditions are aggravated by the lack of vehicular access to the site, the dense vegetation cover, the slope of the site and the periodic high wind (e.g., Santa Ana) conditions. No water distribution facilities are presently located on-site. Resolution -Sauk Pointe Maser Plan Page 27 4653 FINDINGS (c) In case of a major brushfire, the County of Los Angeles maintains automatic mutual aid agreements with other area fire agencies under the State Mutual Aid Pact. These agreements help augment the resources of local fire districts in the event of a major fire. In addition, the Los Angeles County Fire Department maintains regular brush -clearing and weed abatement programs to minimize the threat of brush fires and to minimize fuel - loading adjacent to existing roadways and developed areas. (d) Based upon the analysis of available fire protection facilities (as presented in the Final EIR following consultation with the Los Angeles County Fire Department), including the number of fire stations, response times and service radii, the Final EIR concludes that existing fire facilities and response times are adequate for present and future land uses and population projections. (e) Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: If applicable, Los Angeles County Fire Department requirements for development in a wildland fire area shall be incorporated into the project's design 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. Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department. Prior to the initiation of construction activities, the project proponent(s) shall submit and the Los Angeles County Forester and Fire Warden shall approve a fire hazar(' r: duction/fuel management plan to minimize brush fire hazards on-site. That plan may include, but may not be limited to: (1) use of fire retardant construction materials; (2) brush clearance and maintenance activities; (3) irrigated planting areas with provisions for maintenance activities; and (4) the provision and maintenance of fire breaks. In order to limit the potential threat of wildland fires, low -fuel volume plants shall be incorporated into the revegetative plan. 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. The water system shall be designed in response to final fire flow requirements identified by the Los Angeles County Fire Department. Final fire flow will Resolaoon•Sow* Pww Mamr Plan Page 28 1633 FINDINGS be based on building occupancy, the size of the buildings, their relationship to other structures and property lines and type of construction materials used. Prior to the commencement of structural framing, all public water main improvements, as may be required to meet final fire flow requirements imposed by the Los Angeles County Fire Department, shall be completed and operational. Prior to the commencement of any structural framing, fire hydrants shall be installed, tested and accepted by the Los Angeles County Fire Department. 3.9 Sanitary Sewers 3.9.1 Potential Effect: Project development will result in the generation of additional wastewater, requiring transport to and treatment at a County Sanitation Districts of Los Angeles County facility. Fines: The City hereby makes findings (1) and (2). Facts in Sun2grt of Findines: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The County Sanitation Districts of Los Angeles County (Sanitation District No. 21) provides wastewater collection and treatment services for the City of Diamond Bar. Wastewater discharged into the City's sewer system is treated at either the San Jose Creek Water Reclamation Plant ("WRP"), located in Whittier, or the Joint Water Pollution Control Plant ("JWPCP"), located in Carson. These facilities have been interconnected to form a regional treatment system. Peak wastewater flows which exceed available capacity at the San Jose Creek WRP are diverted to the JWPCP for processing. (b) Based on current available capacity at the San Jose Creek Aw and JWPCP, including planned expansion at the San Jose Creek facility, projected Project -related and cumulative impacts upon County facilities are not anticipated to be significant. (c) Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: Prior to final tract map approval, the project proponent(s) shall submit a sewer study to both the County Engineer of the County Sanitation Districts of Los Angeles County and the City Engineer of the City of Diamond Bar identifying wastewater flow and tributary flow to the existing County trunk and local sewer lines. This study shall identify: (1) the location, phasing, bonding Resolution -Sash Pointe Alarta Plan Page 29 W3 FINDINGS 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 of sizing upgrade, if required. ° The project proponent(s) shall convey access and property easements and rights-of-way to the County Sanitation Districts of Los Angeles County and/or the City of Diamond Bar, as deemed necessary by the County Engineer of the County Sanitation Districts and City Engineer of the City of Diamond Bar, for the construction and maintenance of sewer lines and associated facilities. ° The project proponent(s) shall contribute an appropriate "fair share" of cost, as established by the County of Los Angeles and/or City of Diamond Bar, to fund improvements to the area's main lines, pumping stations, etc. ° Prior to final tract map approval, sewer connection fees, as established by the County of Los Angeles and/or City of Diamond Bar, shall be paid by the project proponent(s). ° The project proponent(s) shall provide to the County Sanitation Districts of Los Angeles County and the City of Diamond Bar information regarding the construction and/or building schedule of the project so that the timing of the County Sanitation Districts' expansion, if required, may be coordinated with the projected increase in demand. Prior to the approval of the final tract map, the area affected by- the subdivision map shall be annexed into the Consolidated Sewer Maintenance District, administered by the Los Angeles County Department of Public Works. 3,10 Solid Waste 3.10.1 Potential Effect: Grading operations, including the removal of existing vegetation and associated organic matter in proximity to those activities, and resulting construction activities may necessitate the subsequent disposal of solid wastes in County landfills. Findings_: The City hereby makes findings (1) and (2). Facts in Support of Finding: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: Reiobam-Sauk Powe Mawr Plan Page 30 4653 FINDINGS (a) Pursuant to the requirements of the Integrated Waste Management Act of 1989, the City adopted a Source Reduction and Recycling Element as a component of the then existing City of Diamond Bar General Plan. That policy document contains numerous plans and programs designed to facilitate attainment of the landfill diversion objectives established by that legislation, including "green wastes." All development activities conducted within the City are subject to applicable plans and policies contained therein. (b) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: In order to minimize the impact of the development of the project on solid waste disposal facilities and systems within the County of Los Angeles and to facilitate the attainment of source reduction and recycling objectives of the City of Diamond Bar, the project proponent(s) shall: (1) consult with the City, the County Sanitation Districts of Los Angeles County, and the Los Angeles County Department of Public Works regarding implementation strategies to reduce and/or recycle wastes during construction and following completion of those activities that would otherwise require disposal in local landfills; and (2) consult with the current refuse removal collection company(ies) regarding design standards for access to, location and construction of trash container enclosures, and such other measures to facilitate implementation of automated refuse collection and source reduction and recycling options. 3.10.2 Potential Effect: Upon occupancy, Alternative Project implementation will result in the generation of additional solid wastes requiring collection and subsequent disposal. Findings: - The City hereby makes findings (1) and (2). Facts in Support of Fin-;;ings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Solid wastes generated in the Project vicinity are collected by commercial waste haulers under individual contract and are presently transported to either approved landfills for disposal or are temporarily deposited at transfer stations/material recovery facilities where wastes are collected prior to shipment by larger vehicles to an approved disposal facility. Three commercial waste haulers currently serve the City of Diamond Bar. These haulers, which operate in competition with one another, include Waste Management, Western Waste Industries and Community Disposal. (b) Class III solid wastes collected in the City is presently transported to either the BKK Landfill (West Covina), Puente Hills Landfill (Whittier) or Spadra Landfill (Pomona). The BKK Landfill is owned and operated by the BKK Corporation and is Roohawn-South Pomo Mann Plan Page 31 4653 FINDINGS located at 2210 South Azusa Avenue (West Covina), approximately 8 miles from the Alternative Project site. The Puente Hills Landfill is owned and operated by the County Sanitation Districts of Los Angeles County and is located at 2800 South Workman Mill Road (Whittier), approximately 12 miles from the Alternative Project site. The Spadra Landfill is owned by the California State Polytechnic University at Pomona and is operated by the County Sanitation Districts of Los Angeles County. The Spadra Landfill site is located at 4125 West Valley Boulevard (Pomona), approximately 4 miles from the Alternative Project site. (c) Recent actions by the County of Los Angeles, including but not limited to, the approval of the Sunshine Canyon Landfill Extension project, which will accommodate approximately 17 million tons of solid waste disposal capacity, will partially alleviate Countywide solid waste disposal capacity shortfalls. As a result of these actions, adequate solid waste disposal capacity exists to accommodate Alternative Project disposal requirements. (d) Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: The project proponent(s) or subsequent homeowners' association 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. - The project proponent(s) or subsequent homeowners' association shall encourage the segregation of green wastes, as specified under the City's Source Reduction Recycling Element and County Sanitation Districts' waste diversion policies. The project proponent(s) shall comply with all applicable City of Diamond Bar and County of Los Angeles regulations, in force and effect at the time building permits are issued, concerning drop-off bins, trash enclosures and storage areas for recovered materials, recycling programs and other means of reducing the amount of waste requiring disposal both during and after the project is implemented. 3.11 Parks/Recreation 3.11.1 Potential Effect: Project development will increase existing demands upon areawide recreational resources. Finding: The City hereby makes finding (1). Reno Wn•SwA Pointe Mage. Plan Page 32 4653 FINDINGS Facts in SuRoort of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The City's Parks and Recreation Department oversees the development and management of local parks within the City boundaries. The nearest established parks to the Alternative Project site are Ronald Reagan Park and Starshine Park, approximately0.5 miles to the south, and Summit Ridge Park, approximately 4 miles easterly of the site. (b) Within the larger Project site, Larkstone Park has been identified as a future public facility. (c) As required under the Los Angeles County Code, the project proponent(s) will be required to dedicate real property or pay in -lieu park fees as a condition for any subdivision map approval. Payment of those fees will support City efforts to expand Citywide recreational opportunities. (d) Based upon the analysis presented in the Final EIR, the following revised mitigation measure has been identified and made a condition of Alternative Project approval: The project proponent(s) shall coordinate development plans with the City of Diamond Bar Department of Parks and Recreation. 3.12 Educational Facilities 3.12.1 Potential Effects: Project development will directly result in the introduction of new students into area schools; existing student capacities and/or proposed facility expansion plans indicate that areawide schools can accommodate those additional students which may result from Project development. Findings: The City hereby makes findings (1) and (2). Facts in Support of Findines: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) The Project site is located within the jurisdiction of the Walnut Valley Unified School District ("District"). The District provides educational services for grades kindergarten through 12. Portable classrooms are presently used at District facilities to provide additional capacity to accommodate student demands. Rmaha on -South Poing Marro Plan Page 33 4653 FINDINGS (b) In accordance with Assembly Bill 2426, identified as the 1986 School Facilities Legislation, the District currently collects school fees (on a per square foot basis) from both residential and non-residential development. These fees, which are collected by the District at the time building permits are issued, are presently insufficient to cover the actual cost (to the District) for each new student. (c) Implementation of the Alternative Project may facilitate the expansion of student capacity for the South Pointe Middle School site by providing an adjoining depository for that surplus soil material presently stockpiled upon and adjoining the grounds of that facility, thereby facilitating the District's ability to provide new or expanded facilities in response to existing and future demands upon those educational facilities administered by the District. (d) The District has not formally indicated to the City the District's inability to accommodate additional students introduced to District facilities as a result of the implementation of the Project or Alternative Project. (e) Based upon the proximity of the Alternative Project to the South Pointe Middle School, the Final EIR identified the following mitigation measures which have been adopted by the City as conditions of Alternative Project approval: ° Grading activities anticipated to occur adjoining the South Pointe Middle School site shall be coordinated with the Walnut Valley - Unified School District to minimize disruptions to current school operations. Prior to the approval of the grading plan, the project proponent(s) shall submit a safety plan to the City of Diamond Bar. Said safety plan shall identify appropriate measures to be undertaken during grading activities to minimize disruptions to school activities, shall address on-site security plans to limit unauthorized access upon the site, and shall address potential health and safety considerations relative to pedestrian activities in proximity to those construction operations: 3.13 Cultural Resources 3.13.1 Potential Effect: Based upon the findings of a field reconnaissance survey, a number of paleontological localities have been identified. No prehistoric (archaeological) or historic resources have been identified on the property. Finding: The City hereby makes finding (1). Ruo/a wn-South Poaiar Maur Plan Page 34 4653 FINDINGS Facts in Support of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Based upon the absence of prehistoric and historic features on the Project site, as identified through a field reconnaissance of the entire Project area, as described in the Final EIR, no impacts upon those resources are anticipated to occur as a result of Alternative Project implementation. (b) The rock units exposed on the Project site contain paleontological resources from Miocene sedimentary units and are considered to be of high paleontological sensitivity. (c) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: Upon implementation of grading operations, 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 proponent(s), if significant concentrations of fossils are encountered. 3.14 Aesthetics 3.14.1 Potential Effect: Project development will physically alter the Project site and change its existing visual character from a natural open space parcel to a property more characteristic of other residential and non-residential areas within the City. Additionally, the proposed removal of existing oak trees will result in the loss of this identified aesthetic resource. Finding: The City hereby makes finding (1). Facts in Support of Finding: The following facts and/or measures are presented in support of this finding and will result in a substantial reduction of the potential adverse impacts of this identified effect: (a) Landscape improvements, including the replacement of impacted oak trees on a ratio of not less than 2:1 and the revegetation of graded areas, will minimize any long-term -impacts associated with grading operations. (b) Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: Re oWoon_So"A POUW Marten Plan Page 35 4653 FINDINGS A homeowners' association or landscane/lighting district shall be formed, per City of Diamond Bar requirements, to finance the maintenance of and to maintain common open space areas within the project site. Prior to the initiation of grading activities, a replacement plan for the loss of existing oak trees shall be submitted by the project proponent(s) and, upon acceptance, approved by the City of Diamond Bar. (c) To ensure the continuing maintenance of landscaped and open space areas within the Alternative Project site, the following additional mitigation measure has been identified and made a condition of Alternative Project approval: Prior to the initiation of grading activities, the project proponent(s) shall submit and the City shall review, and when acceptable, shall approve landscape and irrigation plans for all landscaped and open space areas. 4 FINDINGS REGARDING THE PROJECT, PROPOSED ALTERNATIVE PROJECT AND OTHER PROJECT ALTERNATIVES AS IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT AND/OR ADMINISTRATIVE RECORD FOR THE PROJECT The City makes the following findings concerning both the Project, the Alternative Project, and each of the alternatives identified in the Final EIR. By not implementing the Project (i.e., South Pointe Master Plan), but selecting an alternative thereto, the Project is relegated an alternative status herein and the following findings are provided for both the Alternative Project and each of the other alternatives identified in the Final EIR. 4.1 South Pointe Master Plan Project 4.1.1 Description of South Pointe Master Plan: The South Pointe Master Plan ("Project") presents a development plan, with corresponding design standards, for a mixed-use residential and non-residential development upon an approximately 171± acre site. Within the Project boundaries, a number of distinct ownership interests exist. As described in the Final EIR, the following project proponent(s) and individual entitlements have been identified: (1) Arciero and Sons, Inc. (Vesting Tentative Tract Map No. 32400); (2) R/N/P Development, Inc. (Vesting Tentative Tract Map No. 51407); and (3) Sasak Corporation ju"uwn•SouA Pante Maau Plan Page 36 4653 FINDINGS (Tentative Tract Map No. 51253). If implemented as proposed, the Project would collectively authorize the development of approximately 200 single-family detached residential units and 290,000 square feet of office and/or commercial use upon a 31 ± acre commercial site, and approximately 20± acres of active and/or passive recreational use. 4.1.2Comparison of the Effects of the Project to the Effects of the Alternative Project: The City finds that the Project is not environmentally superior to the Alternative Project. Facts in Suonort of Finding: The following facts are presented in support of this finding: (a) Implementation of the Project would necessitate significant landform alternations and would represent a long-term commitment of. the entire Project site to an urban use. Implementation of the Alternative Project will result in landform alterations upon only an estimated 45± acres of the Project site, identified as the area of Vesting Tentative Tract Map No. 32400, preserving the remaining portion of the Project site for an open space use. Under the Alternative Project, the approximately 45± acre site identified as Vesting Tentative Tract Map No. 32400, located in the northeasterly portion of the Project site, would be developed to accommodate up to 91 single-family dwelling units. No further subdivision of that portion of the Project site identified as Vesting Tentative Tract Map No. 51407, under the ownership of the Walnut Valley Unified School District, and Tentative Tract Map No. 51253, under the ownership of the Sasak Corporation, is authorized under the Alternative Project. (b) Under the Project, the majority of existing on-site vegetation would necessitate removal to accommodate the grading plan. Under- the Alternative Project, only that vegetation now evident upon the 45± acre portion of the Project site identified as Vesting Tentative Tract Map No. 32400, owned by Arciero and Sons, Inc., upon which development activities, would require removal. (c) Under the Project, an estimated 768 specimen -sized oak trees would require removal to accommodate anticipated -grading operations associated therewith. By retaining the majority of the Project site as a publicly or privately -owned open space resource, those trees (which would otherwise require removal under the Project) would be preserved. (d) By adopting Vesting Tentative Tract Map No. 32400, the City has elected to, at this time, defer subsequent action upon both Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. Under this action, both the commercial use and the active recreational use proposed under the Project would be eliminated. (e) Based upon the reduced scale of development authorized under the Alternative Project, implementation of the Alternative Project would not introduce a significant number of additional vehicular trips onto area roadways. If implemented as proposed, the Project would significantly increase vehicular traffic in the Project area. Rmhwon-SOUR Pa+ue M4xcr Pf- Page 37 4653 FINDINGS (f) By reducing the number of vehicular trips and reducing both the on-site consumption of natural gas and the need for the off-site generation of electricity, emissions from stationary and mobile sources would be reduced below those levels anticipated to occur under the Project. Although both Project -related and Alternative Project -related air quality emissions would continue to remain at levels deemed by the City to be significant, based upon threshold criteria established by the SCAQMD, the total quantity of both construction - term and operational emissions would be less under the Alternative Project, in comparison with the Project. (g) Both of those intermittent blue -line streams that presently exist on the Project site would be dredged and filled under the Project, with a corresponding loss of associated vegetation and habitat value. Implementation of the Alternative Project would result in the preservation of the unnamed watercourses located in the northwesterly portion of the site and the retention of a significant portion of that watercourse located within the area of Sandstone Canyon. (h) By deferring action upon Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, the City and the affected property owner(s) retain future develop options upon that approximately 126± acre site. By not committing the site to a long-term urbanized use at this time, the existing open space resource located thereupon can be retained and the site's existing biological value not significantly impaired. In taking this action, the City retains the ability to work cooperatively with the affected owner(s) or real property interests upon that subdivision map area to pursue alternative land uses which further declared public objectives for that site, including (but not limited to) the facilitation of active and/or passive recreational use of that area. 4.1.3 Effectiveness in Meeting Alternative Project Objectives: The Project would not meet the objectives of the City since approval of the Project would result in both the elimination of a majority of the site':; ex'sting oak tree resources and foreclose future public and/or private options for the preser-;- pion of all or a portion of the Project site. Although some development is authorized under the Alternative Project, a significant proportion of the Project site, and the resources thereupon, will be retained in their current condition thereunder. 4.1.4 easibil' : The Project is deemed by the City to be feasible; however, implementation would necessitate the removal of existing development restrictions upon those portions of the Project site which comprise Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. 4.2 Alternative No. 1: No Project Alternative 4.2.1 Description of Alternative: The Final EIR defines Alternative No. 1: No Project Alternative as the retention of the Project site as an open space resource. Allowable F'Wautioe-sash Pomo M"vr Plan Page 38 4653 FINDINGS development activities, as explained therein, would be restricted to those uses which either facilitate passive recreational use, provide educational opportunities or are confined to areas with minimal biological or habitat value and which can be developed with minimal site disturbance. Within the boundaries of the Project area exists the South Pointe Middle School, operated by the Walnut Valley Unified School District ("District"). Upon and adjoining the grounds of that facility is an estimated 400,000 cubic yards of surplus soil material that requires exportation to facilitate the implementation of the approved facility plan for that school site. Under Alternative No. 1; No Project Alternative, the Final EIR assumes that the surplus soil material would be deposited upon the Project site. 4.2.2 Com2arison of the Effects of Alternative No 1 to the Effects of the Alternative Pro,: Alternative No. 1: No Project Alternative is environmentally superior to both the Project and the Alternative Project since it results in either the minimization or avoidance of those direct and indirect environmental effects associated with both the Project and Alternative Project. Implementation of Alternative No. 1 would not, however, result in an avoidance of those cumulative environmental impacts identified in the Final EIR, which are reasonably expected to occur notwithstanding the City's actions upon the Project site. Facts in Sunnort of Find g: The following facts are presented in support of this finding: (a) Preservation of the site would constitute a compatible and complementary land use with that existing residential and institutional development activities contiguous with the Project site. The site's retention as an open space resource would not produce land use or related environmental impacts which could adversely affect adjoining properties. (b) Since no or minimal landform alterations are contemplated under this alternative, the environmental impacts associated with the proposed physiographic changes to the Project site, including the corresponding impacts upon both aesthetic and biological resources, would be avoided. (c) By avoiding or minimizing grading operations upon the Project site, all or most of the 835 specimen -sized oak trees now evident thereupon would be preserved. The preservation of these trees, the plant communities associated therewith, and the animal populations supported by these plant communities would result in the retention of the site's current habitat value. (d) Long-term traffic impacts would be minimal since no new land uses would be introduced upon the Project site; cumulative traffic impacts, as described in the Final EIR, will continue to materialize and exacerbate traffic conditions at a number of key intersections within the Project vicinity. PkWhom Swuh Powe Mane. P1_ Page 39 4653 FINDINGS (e) The existing intermittent blueline streams and jurisdictional waters of the United States which presently exist on-site would not be affected under Alternative No. 1. (f) Since no or minimal grading would be authorized upon the Project site, construction -term air quality impacts would be avoided. Similarly, since no site intensification is authorized hereunder, stationary and mobile source emissions, associated with the operational phase of a development project, would not be projected to exceed existing conditions; however, since cumulative development activities can be anticipated independent of City actions upon the Project site, cumulative air quality impacts will continue to materialize and, based upon the information presented in the Final EIR, have been determined by the City to be significant. 4.2.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 1: No Project Alternative meets the resource management and preservation objectives of the City; however, implementation of Alternative No. 1 fails to fulfill the potentially conflicting objective of furthering the orderly development of the community in a manner consistent with declared public land use policies, as presented in both the previous City of Diamond Bar General Plan and the current draft of that revised document. 4.2.4 F a ' i i : Alternative No. 1: No Project Alternative is infeasible since it both pre- empts from certain project proponent(s) a reasonable use of their lands and would necessitate the development and subsequent implementation of a resource conservation strategy sufficient to ensure the preservation of those portions of the Project site upon which no subsequent development is authorized hereunder. 43 Alternative No. 2: Development Under Existing General Plan Policies 4.3.1 Description of Alternative: This alternative would allow the subsequent development of the Project site in accordance with the general plan and zoning policies of the City of Diamond Bar in existence at the time the Final EIR was prepared. Under Alternative No. 2: Development Under Existing General Plan Policies, the Project area would be developed for either residential use or under a mixed-use residential and commercial use assumption. Under an all residential assumption, an estimated 130 dwelling units could be constructed on-site, with a corresponding retention of approximately 98± acres of the Project site for some form of open space use. If non-residential development was pursued under this alternative, the corresponding square footage of commercial and/or office use would exceed the development assumptions presented in the Final EIR for the proposed Project. 4.3.2 Comparison of the Effects of Alternative No. 2 to the Effects of the Alternative Project: The City finds that Alternative No. 2: Development Under Existing General Plan Policies is environmentally superior to the Project, but is not environmentally superior to the Alternative Project. R&VhdWn-SO"A POMW Mage. Plan Page 40 X653 FINDINGS development activities, as explained therein, would be restricted to those uses which either facilitate passive recreational use, provide educational opportunities or are confined to areas with minimal biological or habitat value and which can be developed with minimal site disturbance. Within the boundaries of the Project area exists the South Pointe Middle School, operated by the Walnut Valley Unified School District ("District"). Upon and adjoining the grounds of that facility is an estimated 400,000 cubic yards of surplus soil material that requires exportation to facilitate the implementation of the approved facility plan for that school site. Under Alternative No. 1: No Project Alternative, the Final EIR assumes that the surplus soil material would be deposited upon the Project site. 4.2.2 Comparison of the Effects of Alternative No. 1 to the Effects of the Alternative Project: Alternative No. 1: No Project Alternative is environmentally superior to both the Project and the Alternative Project since it results in either the minimization or avoidance of those direct and indirect environmental effects associated with both the Project and Alternative Project. Implementation of Alternative No. 1 would not, however, result in an avoidance of those cumulative environmental impacts identified in the Final EIR, which are reasonably expected to occur notwithstanding the City's actions upon the Project site. Facts in Support of Finding: The following facts are presented in support of this finding: (a) Preservation of the site would constitute a compatible and complementary land use with that existing residential and institutional development activities contiguous with the Project site. The site's retention as an open space resource would not produce land use or related environmental impacts which could adversely affect adjoining properties. (b) Since no or minimal landform alterations are contemplated under this alternative, the environmental impacts associated with the proposed physiographic changes to the Project site, including the corresponding impacts upon both aesthetic and biological resources, would be avoided. (c) By avoiding or minimizing grading operations upon the Project site, all or most of the 835 specimen -sized oak trees now evident thereupon would be preserved. The preservation of these trees, the plant communities associated therewith, and the animal populations supported by these plant communities would result in the retention of the site's current habitat value. (d) Long-term traffic impacts would be minimal since no new land uses would be introduced upon the Project site; cumulative traffic impacts, as described in the Final EIR, will continue to materialize and exacerbate traffic conditions at a number of key intersections within the Project vicinity. Ruohroon-South Pouw M"w Plan Page 39 4653 FINDINGS Facts in Suy212ort of Finding: The following facts are presented in support of this finding: (a) Under Alternative No. 2: Development Under Existing General Plan Policies, an estimated 130 dwelling units could be developed within the Project site, subject to the issuance of all requisite permits and approvals by the City. Although a significant proportion of the Project site may be retained for open space and/or recreational purposes, in comparison to the Project, an estimated 72± acres would be converted to an urbanized use. This acreage estimate exceeds the number of acres which would be allocated to residential development under the Alternative Project, which would include both the 45± acres contained in Vesting Tentative Tract Map No. 32400 and the 7± acres identified in the Final EIR as Tentative Tract Map No. 51407. (b) Under both Alternative No. 2 and the Alternative Project, resulting development would introduce people and structures into seismically active southern California. Although development of the Project site, as mitigated, would not expose individuals or property improvements to hazards not otherwise typical throughout the region, a greater number of site users could be anticipated should Alternative No. 2 be pursued, since the number of dwelling units analyzed under that alternative exceeds the number of residential units authorized under the Alternative Project. (c) Based upon the sensitive siting of authorized development, including the ultimate use of that portion of that Project site retained as opens space or improved for recreational purposes, impacts to the existing intermittent blueline streams and jurisdictional waters may be minimized; however, it can be assumed that impacts to those watercourses would not be avoided. Since no formal site plan for this alternative is presented in the Final EIR, an accurate comparison of Alternative No. 2 with either the Project or the Alternative Project is not possible, rel^t:ve to the impacts of those options upon the identified blueline streams and the biological resources associated therewith. Since a greater percentage of the Project site would undergo d-velopment hereunder, relative to the Alternative Project, it is assumed that impacts upon on-site drainage systems would be greater than the corresponding impacts associated with the Alternative Project, but less than may occur under the Project. (d) Conversion of all or a portion of the Project site from an open space to an urbanized use would result in the loss of a significant number of those oak trees now present on-site. Although mitigation measures are available to compensate for the loss of mature trees, as the number of affected trees increase, the greater the corresponding loss in biological value. Since a greater percentage of the Project site will be developed under this alternative, the impacts upon those resources are considered greater than anticipated under the Alternative Project, but less than may occur under the Project. (e) The introduction of up to 130 residential dwelling units and/or a corresponding retail commercial and/or office professional use will result in both a localized and regional Ravlar -SOJA Po&.W Mawr Plan Page 41 X633 FINDINGS traffic impact upon Project -area roadways. Those impacts (e.g., number of vehicular trips and concomitant impacts upon Project area intersections) would be proportionately higher than under the Alternative Project scenario, but less tha may occur under the Project. (f) Based upon the increase in the acreage to be graded, short-term construction emissions under this alternative are anticipated both to exceed SCAQMD threshold criteria for significance and add (to the regional air basin) additional criteria pollutants beyond those levels associated with the Alternative Project. Similarly, long-term air quality impacts associated primarily with alternative -related traffic would produce an exceedance of SCAQMD threshold values for specific criteria pollutants and, based upon an increase in the number of vehicular trips, exceed Alternative Project projections. (g) By preserving the Sandstone Canyon area, as may reasonably occur under this alternative, resulting development authorized on-site would be pushed toward the site's periphery, such that a greater number of site users may be located in closer proximity to those traffic -related noise sources (i.e., Orange Freeway, Brea Canyon Road) proximal to the Project site. Based upon traffic noise associated with both the Orange (SR -57) Freeway and Brea Canyon Road, the placement of residential and/or commercial uses in proximity to those roadways will increase the likelihood of exposure by residents and/or other site users to noise levels in exceedance of established noise standards. -4.3.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 2: Development Under Existing General Plan Policies would meet the City's objectives in effect at the time the Final EIR was prepared since development activities authorized hereunder would be consistent with then existing public policy. 4.3.4 Feasibility: Alternative No. 2 is feasible; however, implementation would necessitate the removal of existing development restrictions upon those portions of the Project site which compose Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. 4.4 Alternative No. 3: Reduced Project Site 4.4.1 Description of Alternative: Under Alternative No. 3: Reduce Project Site, the majority of the Project site would be developed in that manner as described for the Project. Since the Project is comprised of multiple owners each seeking distinct land use entitlements, the separation of these distinct components and the elimination of one or more project proponent(s) was examined herein. As described in the Final EIR, Alternative No. 3: Reduce Project Site involves the deletion of Tentative Tract Map No. 51253 and the subsequent entitlement of the remaining subdivision applications. Under this alternative, an estimated 181 dwelling units and 290,000 square feet of commercial development would be authorized. Since no public acquisition strategy is proposed for the preservation of that deleted subdivision map area, it may be reasonable to assume that Tentative Tract Map No. 51253 might be resubmitted independent of the City's actions upon this alternative. Should Rnrolwm-Sauk Pouw Morn Plan Page 42 4653 FINDINGS that resubmittal and subsequent processing occur, the cumulative impacts of those activities would reasonably equate with the cumulative impacts identified in the Final EIR for the Project. 4.4.2 Comparison of the Effects of Alternative No. 3 to the Effects of the Alternative Project: The City finds that the direct, indirect and cumulative effects of Alternative No. 3: Reduced Project Site reasonably equate with the corresponding environmental effects of the Project, but are not environmentally superior to the Alternative Project. Facts in Support of Finding: The following facts are presented in support of this finding: (a) Development of the Project site would result in the conversion of this undeveloped property to an urban use, excluding that area located in the northwesterly corner of the Project site which would remain undeveloped at this time (although subsequent development may occur under separate application). Residential land uses which would be developed under this alternative would be compatible with other residential and institutional uses now evident in the Project area. (b) Total grading quantities associated with the implementation of this alternative (and not inclusive of potential cumulative impacts) would be incrementally reduced below those levels associated with the Project, but would be substantially greater than associated with the Alternative Project. Project implementation would continue to necessitate both the removal of the majority of on-site vegetation and would result in landform alterations encompassing most of the Project area. (c) Air pollutant emissions levels, anticipated to occur both during construction operations and during the operational phase of this alternative would exceed the SCAQMD threshold values for significance. Since the alternative to the Project addressed herein involves both a reduction in grading quantities and authorized development below those levels anticipated for the Project, the corresponding emission of criteria pollutants as may occur under Alternative No. 3 would be less than anticipated for both the Project and the Alternative Project. (d) Under this alternative, the site's development potential and corresponding direct, indirect and cumulative environmental impacts would be incrementally less than those associated with the Project, but would not significantly differ from the assumptions presented in the Final EIR for the Project. (e) Presently no development or associated map or deed restrictions exist upon the area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a vested right under law to pursue the subsequent development of that property in a manner consistent with public policy. Conversely, restrictions currently exist upon the remaining components of the Project areas, defined in the Final EIR as Vesting Tentative Rmaho n -Spade Pomo Algae. Plan Page 43 4653 FINDINGS Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent intensification of those areas in accordance with the terms of those restrictions. (f) Subsequent to the certification of the Final EIR by the City, the Walnut Valley Unified School District acquired, from R/N/P Development, Inc., that real property within the Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real property by the District has resulted in both a diminution of development pressures upon that portion of the Project site and enhanced subsequent opportunities for the preservation of all or a portion of the remaining areas within the Project site. 4.4.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 3: Reduced Project Site would not meet the City's objectives since cumulative grading activities and associated development likely to occur on-site would result in both the elimination of the majority of existing vegetation, including oak tree resources, and narrow the range of future public and private -sector options for the preservation of the site and its biotic resources. Since, from a cumulative perspective, Alternative No. 3 is not significantly different from the proposed Project, the corresponding environmental impacts associated with these two development options have been determined by the City to be similar. 4.4.4 Feasi_ bility: Alternative No. 3: Reduced Project site is infeasible since it both pre- empts from certain project proponent(s) a reasonable use of their lands and would necessitate the development and subsequent implementation of a resource conservation strategy sufficient to ensure the preservation of those portions of the Project site upon which no subsequent development is authorized hereunder. 45 Alternative No. 4: Cluster Development 4.5.1 Description of Alternative: Under Alternative No. 4: Cluster Development, site improvements would be restricted to those areas within the Project boundaries which would result in a minimization of impacts upon the site's principle natural feature (i.e., Sandstone Canyon) and the environmental resources contained therein. Development authorized hereunder would be concentrated in the eastern portion of the site, along Brea Canyon Road, and in the western portion of the site, in proximity to Morning Sun Avenue. Based upon the development assumptions presented in the Final EIR, an estimated 200 dwelling units and 27,225 square feet of commercial development could be anticipated hereunder. 4.5.2 Comparison of the Effects of Alternative No 4 to the Effects of the Alternative Project: The City finds that Alternative No. 4: Cluster Development is environmentally superior to both the Project and the Alternative Project. Facts in Support of Findin¢s: The following facts are presented in support of these findings: Ruoiuwn-Sash PoLuc Maus Plan Page 44 4653 FINDINGS (a) By limiting development to only peripheral areas, the amount of grading (e.g., cut and fill) required for development of this alternative would be significantly below those levels associated with the Project, and is anticipated to be less than those quantities associated with the Alternative Project. In the absence of a conceptual grading plan, the quality, on-site balance and precise comparison of those activities among different development options cannot be determined; however, by eliminating or reducing grading activities within the area of Sandstone Canyon, total grading quantities are estimated to be less than those associated with both the Project and Alternative Project. By removing development from those areas of the site which possess the greatest biotic value, the effects of grading operations upon sensitive biological resources will be reduced below levels anticipated for both the Project and Alternative Project. (b) Impacts upon the site's existing habitat value will be minimized and the site's existing role, if any, as a corridor for wildlife movement preserved. Although a number of oak trees now evident on the property would be removed in the area of development, the majority of oak trees would be maintained on-site. The number of trees requiring replacement would be dependent upon the size of the area impacted, but would be anticipated to be less than the number of oak trees to be impacted by both the Project and the Alternative Project. (c) Based upon the reduction in commercial square footage, traffic generation associated with that use would be reduced significantly below those levels associated with the Project. Since, under this alternative, the number of dwelling units exceeds the corresponding number associated with the Alternative Project, and since commercial development is anticipated hereunder, trip generation projections and the direct and indirect impacts associated therewith will exceed the comparable projections for the Alternative Project. Based upon this increased site intensification, cumulative traffic impacts would also be envisioned to be incrementally greater than those anticipated under the Alternative Project, but less than those impacts identified for the Project. (d) Although grading activities would be confined to peripheral areas, the use of heavy-duty construction equipment would produce an exceedance of SCAQMD threshold values for certain criteria pollutants during the construction term. Since grading activities and resulting development is anticipated to occur at levels below those associated with the Project, both short-term and long-term criteria emissions will be less than the corresponding levels attributable to the Project. Conversely, based upon the increased intensification of the Project site above levels associated with the Alternative Project, long-term air quality impacts resulting from the implementation of Alternative No. 4 will exceed projections associated with the Alternative Project. (e) Noise levels in the Project area result primarily from existing and projected traffic along both the Orange (SR -57) Freeway and Brea Canyon Road. Although reductions in Project -induced traffic will occur under this development option, that reduction will not significantly affect noise levels from these sources. Because of the proximity of Rejohaim-South PO~ Mamer Plan Page 45 W3 FINDINGS residential development to the Orange (SR -57) Freeway and Brea Canyon Road, exterior noise level in proximity to those areas will exceed established exterior noise standards unless effectively mitigated. Should multi -family units be constructed in those locations, the number of dwelling units exposed to this exceedance condition will increase. Similarly, the design options available to attenuate those noise levels will decrease based upon unit orientation and proximity to noise generators. As a result, noise impacts to this alternative's residential component are anticipated to be greater than the corresponding impact associated with either the Project or Alternative Project, both of which are envisioned to minimize the number of dwelling units exposed, or potentially exposed, to these noise sources. (f) Presently no development or associated map or deed restrictions exist upon the area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a vested right under law to pursue the subsequent development of that property in a manner consistent with public policy. Conversely, restrictions currently exist upon the remaining components of the Project areas, defined in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent intensification of those areas in accordance with the terms of those restrictions. (g) Subsequent to the certification of the Final EIR by the City, the Walnut Valley Unified School District acquired from R/N/P Development, Inc. that real property within the Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real property by the District has resulted in both a diminution of development pressures upon that portion of the Project site and enhanced subsequent opportunities for the preservation of all or a portion of the remaining areas within the Project site. 4.5-3- Effectiveness in Meeting Alternative Project Objectives: Alternative No. 4: Cluster Development fulfills the City's resource management and preservation objectives since grading activities and concomitant development would be confined to those areas possessing the least biological and habitat values. Similarly, by authorizing the development of a mixed - used project upon the Project site, Alternative No. 4 fulfills the basic objectives of the project proponent(s), although the alternative development would not occur at the density or in the location requested in the corresponding subdivision applications. 4.5.4 Feasibility: Alternative No. 4: Cluster Development is feasible; however, implementation would necessitate the removal of existing development restrictions upon those portions of the Project site which comprise Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. Res&1W oe-Saudi Powe Mauer Plan Page 46 4653 FINDINGS 4.6 Alternative No. 5: Maximum Development 4.6.1 Descri2tion of Alternative: Under Alternative No. 5: Maximum Development, the Project site would be further intensified to accommodate a mixed-use development plan at a level greater than that associated with the Project. To maximize development potential, the acreage allocated for open space and/or recreational use would be further diminished and overall grading quantities would increase. Under this alternative, an estimated 220 single-family detached residential units and 302,960 square feet of office and/or commercial use would be developed. 4.6.2 . Comparison of the Effects of Alternative No. 5 to the Effects of the Alternative Proiect: The City finds that Alternative No. 5: Maximum Development is neither environmentally superior to the Project nor to the Alternative Project. Facts in Support of Finding: The following facts are presented in support of these findings: (a) Under this alternative, the number of residential dwelling units and square footage of office professional and/or retail commercial use would increase above those levels associated with both the Project and the Alternative Project. That intensification would further diminish the site area retained as an open space resource and/or subsequent development for a public or private recreational land use. (b) To accommodate a higher intensity use, grading quantities would be anticipated to increase above levels associated with both the Project and the Alternative Project. Since residential uses would be constructed in closer proximity to those existing residential areas located along Peaceful Hills Road, manufactured slope areas in proximity to those uses would be more pronounced. (c) Implementation of Alternative No. 5: Maximum Development would result in the elimination of all existing natural drainage courses'now evident on-site, including the biological resources associated therewith. (d) The introduction of additional site uses will increase traffic -generation estimates above those associated with the Project and the Alternative Project and will further. contribute to the projected exacerbation of local and regional cumulative traffic conditions. (e) Increased site intensification and additional contributions to regional and/or subregional traffic volumes will result in further contributions of criteria air pollutants above levels anticipated from both the Project and the Alternative Project. 4.6.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 5: Maximum Development would not meet the City's resource management or preservation objectives. Conversely, the City has adopted or is proposing potentially conflicting objectives Resohdnon-Sauh Pobue Marro Plop Page 47 4653 FINDINGS which promote development opportunities which further the housing and economic development goals of the community. The development of a mixed-use project, of the scale proposed herein, may further those objectives at the expense of other environmental considerations. 4.6.4 Feasibility: Alternative No. 5: Maximum Development is feasible; however, its implementation would produce direct, indirect and cumulative environmental impacts which are greater than the corresponding impacts associated with other development alternatives and would foreclose the City's pursuit of future development options focusing upon the retention of those natural resources now evident upon the Project site. 4.7 Alternative No. 6: Tentative Tract Map No. 51253 4.7.1 Description of Alternative: Under Alternative No. 6: Tentative Tract Map No. 51253, only a portion of the Project site would be developed, while .the remaining portions of the Project site would be retained in their current condition. Under this option,. up to 26 single-family detached residential units would be constructed upon an area of approximately 7± acres. Since, under this alternative, no long-term strategy is identified to ensure the subsequent preservation of the remaining 164± acres of the Project site, those areas could be subsequently developed in accordance with one or more of the development assumptions identified in the Final EIR. In the absence of either a public acquisition strategy or other mechanism to preserve the remaining portions of the Project site, it is reasonable to assume that Vesting Tentative Tract Map Nos. 32400 and 51407 might be resubmitted independent of the City's implementation of this alternative. Should that resubmittal and subsequent processing occur, the cumulative impacts of these activities would reasonably equate with the cumulative impacts identified in the Final EIR for the Project. 4.7.2 Comparison of the EffP is of -Alternative No 6 to the Effects of the Alternative Project: The City finds that the direct, indirect and cumulative effects of Alternative No. 6: Tentative Tract Map No. 51253 reasonably equate with the corresponding environmental effects of the Project, but that the impacts of this alternative are not environmentally superior to the Alternative Project. Facts in Support of Findings: The following facts are presented in support of these findings: (a) Implementation of this alternative would not ensure the retention of those portions of the Project site which are not within the geographic boundaries of Tentative Tract Map No. 51253 for an open space or recreational use. It can be reasonably assumed that separate development applications would be resubmitted upon those portions of the Project site now defined as Vesting Tentative Tract Map Nos. 32400 and 51407. Should that resubmittal occur, it is further reasonable to assume that the cumulative impacts of all Roolwoon-South Pointe Marler Plan Page 48 4653 FINDINGS development activities within the Project boundaries would be similar to those discussed for either the Project or such other alternatives as may be described in the Final EIR and addressed herein. (b) Lot configuration would necessitate the placement of fill or dredged materials into the westerly intermittent blue -line stream which presently exists within the Project boundaries. Similarly, since no preservation plan is proposed for the remaining portions of the Project site, it can be concluded that future development would, in all likelihood, adversely effect remaining watercourse areas on-site. (c) Construction of a residential use along the site's westerly boundary (i.e., Tentative Tract Map No. 51253), in the absence of a development or preservation strategy for the remaining Project area, may foreclose or otherwise limit future site planning and access consideration for the remaining portions of the site. (d) Presently no development or associated map or deed restrictions exist upon the area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a vested right under law to pursue the subsequent development of that property in a manner consistent with public policy. Conversely, restrictions currently exist upon the remaining components of the Project areas, defined in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent intensification of those areas in accordance with the terms of those restrictions. (e) Subsequent to the certification of the Final EIR by the City, the Walnut Valley Unified School District acquired from R/N/P Development, Inc. that real property within the Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that, real property by the District has resulted in both a diminution of development pressures upon that portion of the Project site and enhanced subsequent opportunities for the preservation of all or a portion of the remaining areas within the Project site. 4.7.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 6: Tentative Tract Map No. 51253 would not meet the City's objectives since cumulative grading activities and associated development likely to occur on-site would result in both the elimination of the majority of existing vegetation, including oak tree resources, and/or narrow the range of future public and private -sector options for the preservation of the site and its biotic resources. Since, from a cumulative perspective, Alternative No. 6 is not significantly different from the proposed Project, the corresponding environmental impacts associated with these two development options have been determined by the City to be similar. 4.7.4 Fea i ' ' : Alternative No. 6: Tentative Tract Map No. 51253 is infeasible since it pre-empts from certain project proponent(s) a reasonable use of their lands, fails to confront the subsequent development of the remaining portions of the Project site or present a resource conservation strategy for the ultimate preservation of those areas. Although PXJOkd R_SO"* Pointe M&AW PIM Page 49 4653 FINDINGS development or associated deed or map restrictions presently exist upon that portion of the Project site identified in the Final EIR as Vesting Tentative Tract Map No. 51407, no similar restrictions are presently in force governing Vesting Tentative Tract Map No. 32400. 4.8 Alternative No. 7: North/South Canyon Preservation 4.8.1 Description of Alternative: Under this alternative, the majority of the area defined as Sandstone Canyon would be preserved for either open space or recreational purposes. Development activities authorized hereunder would be concentrated on the westerly portion of the Project site and would include up to 103 single-family detached dwelling units on an area of approximately 35± acres. No strategy is, however, formulated in the Final EIR which would ensure the subsequent preservation of the northeasterly portion of the Project site, identified in the Final EIR as Vesting Tentative Tract Map No. 32400, which is in separate ownership from the area upon which development activities are proposed under this alternative. 4.8.2 Comparison of the Effects of Alternative No 7 to the Effects of the Alternative Project: Alternative No. 7: North/South Canyon Preservation is environmentally superior to both the Project and to the Alternative Project. Facts in Support of Findings: The following facts are presented in support of these findings: (a) Under Alternative No. 7: North/South Canyon Preservation, approximately 35± acres of the Project site, within the area of Vesting Tentative Tract Map No. 51407, would be developed for a residential use, accommodating approximately 103 single-family dwelling units. Although Tentative Tract Map No. 51253 is not specifically addressed herein, the development of that subdivision map area in a manner generally consistent with that configuration presented in the Final EIR could reasonably occur under that alternative. Approval of that subdivision application would introduce up to an additional 26 dwelling units upon the 7± acres comprising that application. The remaining portions of the Project site would be retained in an open space use, resulting in the preservation of those resources contained thereupon. The size of the preservation area, including its retention in a natural condition, exceeds the corresponding preservation area identified under the Project and, based upon the avoidance of development activities within that retention area, results in the provision of an open space resource that has greater habitat value than the improved open space area associated with the Project. (b) As identified in the Final EIR, the area within and adjoining Sandstone Canyon has the greatest concentration of oak tree resources. The preservation of that canyon area, therefore, results in a lesser biotic impact upon that resource as compared with both the Project and the Alternative Project. Raw"We-so"A Poi+,u Mauer Pf" Page 50 4653 FINDINGS (c) By concentrating development in the westerly portion of the site, the intermittent blue -line stream which presently exists in that area would be eliminated; however, the more predominate watercourse within Sandstone Canyon would be preserved. Although prior development activities in the Project vicinity have previously affected those portions of that watercourse which exist off-site, including both impacts upon the sources and quality of that water, the remaining watercourse forms the basis for a viable, albeit fragmented, oak woodland ecosystem. Implementation of this alternative would result in the retention of the remaining segment of that watercourse and the majority of the plant community associated therewith. (d) Under this alternative, the majority of the existing oak tree resources in the area of Sandstone Canyon would be preserved, with the exception of those located within and adjoining the alignment of the proposed access road connecting Morning Sun Drive and Larkstone Drive with Brea Canyon Road. Although no grading plan has been developed under this alternative, it is assumed (based upon a review of those oak tree surveys presented in the Final EIR) that the number of oak trees which maybe potentially impacted under this alternative are less than the number associated with either the Project or the Alternative Project. (e) To accommodate this alternative, both the westerly portion of the Project site and the area of the proposed collector road alignment would be graded to create building pads and the interior roadway system. Although grading quantities are not determined at this time, the total quantity of earthen material to be moved (e.g., cut and fill), exported and/or imported to accommodate development plans is estimated to be less than the amount required to implement either the Project or the Alternative Project. By reducing grading quantities, the corresponding construction -term air quality impacts may be reduced; however, the generation of significant construction term and operational phase air quality impacts would not be avoided. (f) Although Proik:. " -related traffic generation would be reduced under this alternative, the cumulative contribution of those trips onto area roadways would further exacerbate existing regional traffic conditions, which include the projected exceedance of roadway design capacities at a number of study area intersections. The impacts upon local and regional transportation systems are projected to be less than those associated with the Project and generally comparable with those resulting from the implementation of the Alternative Project. (g) Presently no development or associated map or deed restrictions exist upon the area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has a vested right under law to pursue the subsequent development of that property in a manner consistent with public policy. Conversely, restrictions currently exist upon the remaining components of the Project areas, defined in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restrictions limit RoWu on-S069h Pa ac Masa Plan Page 51 4653 FINDINGS the subsequent intensification of those areas in accordance with the terms of those restrictions. (h) Subsequent to the certification of the Final EIR by the City, the Walnut Valley Unified School District acquired from R/N/P Development, Inc. that real property within the Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real property by the District has resulted in both a diminution of development pressures upon that portion of the Project site and enhanced subsequent opportunities for the preservation of all or a portion of the remaining areas within the Project site. 4.8.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 7: North/South Canyon Preservation would meet the City's objectives for resource management and preservation since a significant portion of the Sandstone Canyon area would be retained in its natural condition; however, in the absence of a preservation plan for that portion of the Project site located external to Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253 (i.e., Vesting Tentative Tract Map No. 32400), there is no long-term assurance that subsequent development activities would not occur and contribute to cumulative impacts upon both the Project site and within the region. 4.8.4Feasibility: Alternative No. 7: North/South Canyon Preservation is infeasible since it both pre-empts from certain project proponent(s) a reasonable use of their land and would necessitate the development and subsequent implementation of a resource conservation strategy sufficient to ensure the preservation of those portions of the Project site upon which no subsequent development is authored hereunder. 4.9 Alternative No. 8: East/West Canyon Preservation 4.9.1 Description of Alternative: Under Alternative No. 8: East/West Canyon Preservation, only the area comprising Vesting Tentative Tract Map No. 32400 would be developed; the remaining portion of the Project site would be retained as open space and/or be developed in accordance with the -terms of the development or associated map or deed restrictions contained thereupon. Based upon the assumptions presented in the Final EIR, development would result in the introduction of up to 91 single-family residential units within the area of Vesting Tentative Tract Map No. 32400. Alternative No. 8 would necessitate the importation of approximately 393,150 cubic yards of soil. Although no strategy is formulated in the Final EIR which would ensure the subsequent preservation of the remaining Project area, identified in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, which are in separate ownership from the area upon which development activities are proposed, existing development or associated map or deed restrictions currently exist upon those areas which limit subsequent development opportunities upon those properties containing those restrictions. Page 52 RG,awwn.Sawh Pointe Maur Plan 4653 FINDINGS Alternative No. 8 East/West Canyon Preservation addresses the entire Project site, authorizing development of Vesting Tentative Tract Map No. 32400, or an alternative subdivision map which is generally consistent with the lot and street configuration of that subcu -risioa map represented in the Final EIR, and resulting in the retention of those portions of the Project site identified as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253, although no resource conservation strategy is presently proposed for the preservation of those areas. In contract, the Alternative Project approved by the City focuses exclusively upon Vesting Tentative Tract Map No. 32400. Under the Alternative Project, the City has elected to defer action(s) upon both Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. As a result, although Alternative No. 8: East/West Canyon Preservation and the Alternative Project are similar in outcome (e.g., approval of Vesting Tentative Tract Map No. 32400), each development scenario should be considered distinct. 4.9.2 Comparison of the Effects of Alternative No 8 to the Effects of the Alternative Project: Alternative No. 8: East/West Canyon Preservation is environmentally superior to the proposed Project. The City further finds that the direct, indirect and cumulative effects of Alternative No. 8 reasonably equate with the corresponding environmental effects anticipated to result from the Alternative Project. Facts in Support of Findings: The following facts are presented in support of these findings: (a) Under Alternative No. 8: East/West Canyon Preservation, approximately 45 ± acres of the Project site would be developed within the area of Vesting Tentative Tract Map No. 32400 for a residential use. (b) Although Tentative Tract Map No. 51253 is not approved hereunder, existing development, deed or map rrestrictions currently authorize the development of one dwelling unit upon each of the three parcels that comprise that subdivision map area. Should subsequent development occur upon those parcels, it is reasonable to assume that a significant proportion of the 7± acre -site would be retained in an open space condition and that the majority of those biotic resources (e.g. oak trees, intermittent blue -line stream) located thereupon would be preserved. (c) By reducing the Project area to be developed, overall grading quantities would be reduced below those levels associated with the Project; however, unlike the Project, this alternative would necessitate the importation of additional soil from either the adjoining South Pointe Middle School site or another source to fulfill this alternative's grading plan. Independent of the City's actions, the Walnut Valley Unified School District is pursuing the exportation of that surplus soil material located upon and adjacent to the ' South Pointe Middle School to that portion of the Project site identified as Vesting Tentative Tract Map No. 51407. Since the area of Vesting Tentative Tract Map No. 32400 adjoins Brea Canyon Road and can be accessed without transversing established residential areas or impacting Page 53 R, w"wn-South Pointe Mair Wan 4653 FINDINGS adjoining residential land uses, importation activities can be conducted with minimal effects upon adjoining land uses. (d) Based upon the volume of requisite grading and associated construction activities, the number of residential units authorized hereunder, and the projected traffic volumes resulting therefrom, short-term and long-term air quality impacts have been determined by the City to be significant based upon the criteria established by the SCAQMD. Although resulting in an exceedance of those threshold criteria, the emission estimates are significantly less than those quantities envisioned from the Project, thereby reducing potential alternative -related impacts upon the South Coast Air Basin. (e) Based upon the existing concentration of oak tree resources within the subdivision map area, a significant percentage of the 333 specimen -sized oak trees which presently exist within the boundaries of this tract map area would be eliminated. Although the number of trees to be impacted is less than the estimated 768 oak trees which would be removed to accommodate the Project, this impact would significantly affect those oak tree resources now located within the Alternative Project site. (f) Although Project -related traffic generation would be reduced under this alternative, the cumulative contribution of those trips onto area roadways would further exacerbate existing regional traffic. conditions which include the projected exceedance of roadway design capacities at a number of study area intersections. The impacts upon local and regional transportation systems associated with this alternative are, however, projected to be less than those associated with the Project. (g) Presently no development or associated map or deed restrictions exist upon the area of Vesting Tentative Tract Map No. 32400. As a result, the project proponent(s) has(have) a vested right under law to pursue the subsequent development of that property in a manner consistent with public policy. Conversely, restrictions currently exist upon the Project areas defined in the Final EIR as Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253; those existing restrictions limit the subsequent intensification of those areas in accordance with the terms of those restrictions. (h) Subsequent to the certification of the Final EIR by the City, the Walnut Valley Unified School District acquired from R/N/P Development, Inc. that real property within the Project site identified as Vesting Tentative Tract Map No. 51407. The acquisition of that real property by the District has resulted in both a diminution of development pressures upon that portion of the Project site and enhanced subsequent opportunities for the preservation of all or a portion of the remaining areas within the Project site. 4.9.3 Effectiveness in Meetine Alternative Project Objectives: Alternative No. 8: East/West Canyon Preservation would meet the City's objectives for resource management and preservation since a significant portion of the Sandstone Canyon area would be retained in its natural condition. Based upon existing development deed or map restrictions upon Rerd,hon-SOU& Powe Mace. Plan Page 54 4653 FINDINGS the area of Vesting Tentative Tract Map No. 51407, including the recent acquisition of that site by the Walnut Valley Unified School District, the City concludes that preservation efforts upon that portion of the Project site can be effectuated under this alternative. 4.9.4 Feasibiljly: Alternative No. 8: East/West Canyon Preservation is feasible. 4.10 Alternative No. 9: Export of Surplus Soil Material 4.10.1 Description of Alternative: This alternative assumed both the retention of the Project site as an open space use and the exportation of surplus soil material now stockpiled upon the South Pointe Middle School site to an off --site depository. To accommodate the exportation of that soil material, the Final EIR assumed that all residual material would be transported by 24 -ton capacity trucks via the local street system to the Spadra Landfill, located approximately four miles from that school site. This alternative is similar to Alternative No. l: No Project Alternative, as described herein, except that under Alternative No. 1: No Project Alternative, surplus soil material now stockpiled upon and adjoining the grounds of the South Pointe Middle School would be deposited upon the Project site. 4.10.2 Comparison of the Effects of Alternative No 9 to the Effects of the Alternative Project: Alternative No. 9: Export of Surplus Soil Material is neither environmentally -superior to the proposed Project nor the Alternative Project. Facts in Support of Findings: The following facts are presented in support of these findings: (a) Assuming that 400,000 cubic yards of export would be required to facilitate the implementation of the approved facility plan for the South Pointe Middle School by the District, an estimated, 25,640 truck trips (i.e., 12,820 full and 12,820 empty) would be required to haul the surplus soil off-site. If smaller 15 -ton haul trucks are utilized, and the estimated export increased to 425,000 cubic yards, the estimated number of haul trips could increase to 43,590 total trips (i.e., 21,795 full and 21,795 empty). These projections neither include employee trips nor the import/export of construction equipment required to effectuate grading activities. (b) The only feasible haul -route would involve the introduction of significant truck traffic upon existing residential streets connecting the South Pointe Middle School site with the arterial street system located in the Project vicinity. Nine separate residential intersections would be impacted by the haul route depicted in the Final EIR. (c) Based upon the number of vehicular trips, the projected term of grading operations (i.e., 18 weeks), the curvilinear nature of the area's street system, the number of intersections affected, and the potential vehicular -pedestrian conflicts resulting therefrom, Ruohr wn-Soush Pogue Mauer Ploy Page 55 4653 FINDINGS the implementation of a truck -haul export plan cannot be implemented without adversely affecting both the local street system and the residential areas adjoining those roadways. (d) An alternative truck -haul route through the Project site to Brea Canyon Road was rejected based upon the existing topographic characteristics of the Project site which would necessitate significant landform alterations to construct a temporary haul -route. The constraints associated with the creation of a temporary haul -route of suitable gradient to accommodate haul trucks, the impacts upon that existing intermittent blue -line stream located in the easterly portion of the site (associated with the development of a design plan to cross over that watercourse), the width of the roadway to accommodate two -directional traffic, and the corresponding impacts to the site's oak tree resources which may realistically occur should a temporary haul -route be constructed, all materially contribute to the City's finding that this alternative haul -route is infeasible. 4.10.3 Effectiveness in Meeting Alternative Project Objectives: Alternative No. 9: Export of Surplus Soil Material would not meet the City's objectives since it would neither address the pending development applications upon the Project site nor further declared public objectives to promote preservation plans within the Sandstone Canyon area. 4.10.4 Feasibility: Alternative No. 9: Export of Surplus Soil Material is infeasible; the significant adverse impacts upon Project area residents, including the safety of children who may reside along or proximal to that haul route, makes a truck -haul option infeasible. 5 FINDINGS REGARDING MITIGATION MEASURES WHICH HAVE BEEN IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT BUT WHICH HAVE NOT BEEN ADOPTED AS CONDITIONS OF ALTERNATIVE PROJECT APPROVAL BY THE CITY The Final EIR contains a number of recommended mitigation measures identified by the City or included in response to public and/or agency comments submitted upon both the Project and the Project's environmental documentation. The City finds that, based upon the City's intent to adopt the Alternative Project in lieu of the Project, many of the measures presented in the Final EIR are not applicable to the Alternative Project based upon the nature of the Alternative Project, the potential environmental effects that may result therefrom, the significance or potential significance of those environmental effects and/or the geographic area upon which those effects may occur. Presented herein is a listing of those mitigation measures identified in the Final EIR which have not been adopted as conditions of Alternative Project approval by the City and the facts provided in support of this finding. Rao&wn-South Pointe Maher Plan Page $6 4653 FINDINGS 5.1 Land Use 5.1.1 Proposed Mitigation Measures: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to the potential land use impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: 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. Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Facts in SuI212ort of Finding: The following facts are provided in support of the recommended deletion of this mitigation measure: (a) No retail commercial, office professional or other associated land uses will directly or indirectly result from the implementation of the Alternative Project by the City. (b) . In the absence of those land uses, including any exterior lighting associated therewith, no light intrusion impacts upon adjoining residential uses are anticipated or are likely to occur as a result of the implementation of the Alternative Project. 5.2 Earth 5.2.1 Proposed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to potential geologic, geotechnical and seismic impacts that may affect Project area residents and improvements resulting from the approval of the Alternative Project: All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendation 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. Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Based upon Reroh'wn•SOUA Powe Mame, Plan Page 57 4653 FINDINGS this finding, the City recommends that the referenced mitigation measure be revised, as follows: All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City of Diamond Bar and County of Los Angeles 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) and such other geotechnical reports as may be prepared for the site and/or required by the City and County. Facts in Su000rt of Finding: The following facts are provided in support of the recommended modification of this mitigation measure: (a) The approval and subsequent implementation of the Alternative Project does not include that geographic area addressed in the report entitled Geographic Feasibility Investigation for 80 Acre Development N/O Pathfinder Rd and W/O Brea Canyon Rd (RMA Group, September 21, 1992). (b) Based upon the deletion of that geographic area (i.e., Vesting Tentative Tract Map No. 51407) from the approvals contemplated under the Alternative Project, the inclusion of that study as a required condition of approval, including the recommendations contained therein, does not directly relate to the approval the Alternative Project (i.e., Vesting Tentative Tract Map No. 32400). (c) The remaining elements of this mitigation measure have, however, been retained and are referenced both in this finding and the accompanying Mitigation Reporting and Monitoring Program. 53 Biological Resources 5.3.1 Proposed Mitigation Measure: The Final EIR recommends that the Lead Agency implement the following mitigation measure in response to potential impacts upon the Project site's oak tree resources: Prior to the initiation of grading activities, the project proponent(s) shall obtain an oak tree permit(s) in accordance with Part 16 -Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or similar ordinance enacted by the City prior to the commencement of grading operations, and shall comply with all conditions imposed upon the recipient(s) of that permit(s) issued by the County of Los Angeles Fire Department (Forestry Division) and/or the City of Diamond Bar. Rnolution-with Panu Marra Plop Page 58 4653 FINDINGS Findings: The City hereby findF that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant since it fails to accurately reflect the sequence in which entitlements and associated approvals occur within the City. Based upon this finding, the City recommends that the referenced mitigation measure be revised, as follows: Prior to the initiation of grading activities, the project proponent(s) shall formulate and the City shall review and, upon acceptance by the City, approve an implementation strategy for oak tree mitigation, in accordance with Part 16 -Chapter 2256 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code, or similar ordinance enacted by the City prior to the commencement of grading operations, including a performance schedule for compliance with all conditions imposed upon the recipient(s) of that permit(s) issued by the City of Diamond Bar. Facts in Support of Finding: The following facts are provided in support of the recommended modification of this mitigation measure: (a) By approving Vesting Tentative Tract Map No. 32400, the City has also issued the requisite oak tree permit(s) to the project proponent(s). (b) By focusing upon the permit rather than the project proponent(s) implementation strategy for oak tree mitigation, the referenced mitigation measure fails to address both the requisite compensation plan and performance schedule for the provision of replacement resources. 5.4 Water 5.4.1 Proposed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to the potential water -related impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Prior to the approval of any final tract map(s), the project applicant(s) shall submit and the City Engineer shall approve a hydrology study examining potential drainage alternatives to minimize potential impacts upon the existing storm drain facility in Fairlance Drive (i.e., P.D. 1467), including: (1) on-site retention of stormwater to allow timed discharge to that facility; (2) phasing of development activities tied to the capacity of and improvement to that stormwater system; and (3) alternative drainage solutions which would reroute on-site flows to alternative drainage conduits. Resoh&wn-SomA Pouue Mauer Pim Page 59 4653 FINDINGS Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project as currently proposed. Facts in Support of Finding: The following facts are provided in support of the recommended deletion of this mitigation measure: (a) The drainage basin of which Vesting Tentative Tract Map No. 32400 is a part, is separate and distinct from the drainage basin which discharges into P.D. 1467, in the vicinity of Fairlance Drive, as depicted in the Final EIR. Based upon both the independency of these drainage basins and the absence of Alternative Project improvements which may alter site-specific drainage flows so as to produce discharge to P.D. 1467, no impacts to that drainage facility or to the quantity or quality of surface water therein is likely to occur. (b) Alternative Project implementation will not result, either directly or indirectly, in the generation of impacts upon P.D. 1467. 55 Transportation/Circulation 5.5.1 Proposed Mitigation Measures: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to potential traffic and/or circulation impacts that might -result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: 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. 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. Fid: The City hereby finds the recommended mitigation measures, as identified in the Final EIR, are not directly relevant to the Alternative Project. Based upon this finding, the City recommends that the referenced mitigation measure be revised, as follows: Concurrent with the development of Vesting Tentative Tract Map No. 32400, and prior to the issuance of a use and occupancy permit for any of the Re"non•So"A Pomo Master Plan Page 60 X693 FINDINGS residential units contained therein, the project proponent(s) shall improve Brea Canyon Road to the planned four -lane cross-section of that roadway, as determined by the City Engineer. A left -turn lane shall be provided at the proposed point of vehicular ingress and egress along Brea Canyon Road. That access point shall be designed to ensure adequate sight distances along that roadway; street grades and landscape improvements adjacent thereto shall be evaluated by the City of Diamond Bar and, if required, modified to avoid interference of safe line -of - sight distances. Prior to the approval of the final vesting map, the project proponent(s) shall submit, and the City of Diamond Bar shall review and consider, a traffic signal warrant to determine whether a traffic signal is required at that access point to the subdivision map area from Brea Canyon Road. If deemed warranted by the City, based upon the findings of that traffic analysis, the project proponent(s) shall either construct or advance the funds to construct an operable traffic signal of the type and in the time frame determined appropriate by the City. Secondary access shall be provided to the project site, as determined by the City Engineer. Facts in Support of Finding: The following facts are provided in support of the recommended modification of these mitigation measures: (a) Since Vesting Tentative Tract Map No. 32400 is only a portion of the entire Project site examined in, the Final EIR and contains only limited frontage along Brea Canyon Road, the imposition of improvement requirements in excess of that frontage may impose obligations on the prk:;�ct proponent(s) beyond the benefits to be derived from the City's approval of that subdivision map. (b) The elimination of the Project's commercial component and secondary access points along Brea Canyon Road negates the further need at this time for additional left -turn lanes along that roadway, beyond that required to provide vehicular .access to Vesting Tentative Tract Map No. 32400. 5.5.2 Proposed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to the potential transportation and/or circulation impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Raahawn-Sowh Pogue Maser Plan Page 61 4653 FINDINGS Long-term (Year 2002) Intersection Imp2rovements Additional improvements beyond the near-term (year 1997) intersection improvements are required at four intersections to accommodate ambient traffic growth to the year 2002. The project shall contribute its appropriate share for funding of these long- term intersection improvements. The long-term intersection improvements are: (1) Colima Road/Brea Canyon Cutoff - convert eastbound right -turn lane on Colima Road to a third through lane; (2) Colima RoadR .emon Avenue - stripe a westbound right -turn lane on Colima Road within the existing street width; (3) Bra Canyon Road/Pathfinder Road - add a second southbound left -turn lane on Brea Canyon Road; and (4) Pathfinder Road/Northbound SR -57 Ramus - add a westbound right -turn lane (this improvement will require widening along the north side of Pathfinder Road). Fid: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Facts in Support of Finding: The following facts are provided in support of the recommended deletion of this mitigation measure: (a) Based upon both the reduction in the number of residential dwelling units and elimination of non-residential land uses authorized within the Project site, and the implementation schedule for the improvements authorized hereunder, all direct and indirect impacts upon the area's roadway network are envisioned to occur within the near term (i.e., 1997), rather than in the long term, as indicated in the Final EIR. As a result, the imposition of long-term improvement obligations, in exceedance of those improvements required to mitigate Alternative Project impacts, would result in the imposition of excessive obligations upon the project proponent(s) beyond the benefits to be derived from the City's approval of that subdivision map. (b) No regional funding mechanism is currently contemplated or in place to finance potential traffic and circulation system improvements to the area's roadway network. 5.6 Air Quality 5.6.1 Proposed Mitigation Measures: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to the potential air quality impacts that may result from the development and -subsequent occupancy of the Project site, as identified and analyzed therein: Commercial Site: Implement on-site circulation plans in parking lots to reduce vehicle queuing. Resohmon-Soadh Poste M"ff PIM Page 62 4653 FINDINGS ° 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. ° Commercial Site: Use energy efficient low -sodium parking lot lights. ° Commercial Site: Provide adequate ventilation systems for enclosed parking facilities. ° Commercial Site: Use lighting controls and energy-efficient lighting. 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. Findings: The City hereby finds that the recommended mitigation measures, as identified in the Final EIR, have either been addressed by other mitigation measures adopted by the City and set forth herein or are not directly relevant to the Alternative Project. Facts in Support of Findings: The following facts are provided in support of the -recommended deletion of these mitigation measures: (c) The City has identified and will implement comparable mitigation measures which, when performed, will provide the same or similar benefits as those measures identified herein. (d) Since fugitive dust impacts are the primary consequence of grading activities and since ozone and not fugitive dust is the principal criteria for the declaration of smog alerts, the effectuation of the grading plan will have minimal impacts upon air quality conditions present during those alerts. (e) The elimination of the Project's commercial component negates the further need to impose mitigation measures or other related conditions of approval upon non- residential activities. 5.7 Noise 5.7.1 Proposed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to potential traffic -related noise impacts that might result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Ruoh"—so"A Powe Mann Plan Page 63 4653 FINDINGS Prior to the issuance of occupancy permits for residential Lot Nos. 34 through 42, inclusively, within Tentative Tract Map 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 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. Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Based upon this finding, the City recommends that the referenced mitigation measure be revised, as follows: To minimize noise levels in the vicinity of the SR -57 Freeway, as perceived by those future residential receptors which will occupy dwelling units in proximity to that roadway, the design of those residential units which have frontage along Brea Canyon Road or which, in the absence of an adjoining slope easement, would abut that roadway, shall include additional noise attenuation to a degree sufficient to ensure that the exterior areas of said units conform to the City of Diamond Bar's exterior residential standards. Noise attenuating design options include, but are not limited to, the construction of a noise barrier of a minimum height of eight '(8) feet, as measured from the pad elevation of the corresponding lot upon which the noise barrier is constructed. Prior to the issuance of a use and occupancy permit for any dwelling unit which is so situated, the project proponent(s) shall submit, and the City shall review and consider, the findings. of an acoustical analysis demonstrating compliance with applicable municipal noise standards. Facts in SupaW of Ending: The following facts are provided in support of the recommended modification or 'ais mitigation measure: (a) Based upon the dynamic nature of the design process, the lot numbers referenced in the mitigation measure, as extracted from the Final EIR, may or may not accurately reflect the lot numbers of the affected parcels. As a result, reference to a specific lot number(s) may result in the imposition of conditions upon parcels which do not contain the identified impact. 5.7.2 Proposed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to the potential noise impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Prior to the issuance of building permits for the project's commercial/office component, an acoustical analysis shall be prepared to assess project compli- Resohawn-s"h Pante Maur Plop Page 64 4653 FINDINGS ance with muni6pal noise standards. Should noise levels exceed established criteria, appropriate actions shall be taken to minimize noise impacts upon site users. Findine: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Facts in SupRQrt of Findin¢: The following facts are presented in support of the recommended deletion of this mitigation measure: (a) No retail commercial and/or office professional uses are contemplated herein or likely to occur as a direct or indirect consequence hereof. (b) The elimination of the Project's commercial component negates the further need to impose mitigation measures or other related conditions of approval upon non- residential activities. 5.8 Police Protection 5.8.1 Prol2osed .Mitigation Measures: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to the potential police protection impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Prior to the issuance of building permits, the California Highway Patrol shall be provided the opportunity to review building plans for the project's commer- cial/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). Parking areas which may be associated with recreational and commercial/office land uses within the project site shall be well -lit and allow for unobstructed visibility. Finding: The City hereby finds that the recommended mitigation measures, as identified in the Final EIR, are not directly relevant to the Alternative Project. Facts in Support of Finding: The following facts are provided in support of the recommended deletion of these mitigation measures: (a) Implementation of the Alternative Project will not directly or indirectly result in the issuance of building permits for recreational, retail commercial and/or office professional uses upon the Project site. Raolu6 SOJA PO&W Matta PkR Page 65 W3 FINDINGS (b) The elimination of the Project's commercial component negates the further need to impose mitigation measures or other related conditions of approval upon non- residential activities. 5.9 Solid Waste 5.9.1 Prongsed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measures in response to the potential impacts upon solid waste collection and disposal systems that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: 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. Following occupancy, trash bins and barrel recycling enclosures shall be provided and maintained in locations acceptable to the City of Diamond Bar. Such information shall be specifically shown on the plans submitted for building permits. Fid: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Facts in Support of FindiU: The following facts are provided in support of the recommended deletion of this mitigation measure: (a) In the absence of a commercial or office component, a solid waste management plan is not required hereunder. (b) The elimination of the Project's commercial component negates the further need to impose mitigation measures or other related conditions of approval upon non- residential activities. (c) Other mitigation measures identified in the Final EIR and adopted by the City will result in the reduction or avoidance of the identified impact. Rmolurion-Sawh Poiow Momr Plan Page 66 4653 FINDINGS 5.10 Prrks/Recrertion 5.10.1 Proposed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to the potential parks and recreational impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: Prior to the approval of the tentative and vesting tract maps, the Project applicants shall coordinate development plans with the Los Angeles County Department of Parks and Recreation to facilitate implementation of the County's regional trail system. If required by the County, adequate provisions (e.g., trail dedication, signage) shall be provided to ensure the dedication of any required trail links. 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. Fi n d' i : The City hereby finds that the recommended mitigation measures, as identified in the Final EIR, are not directly relevant to the Alternative Project. Based upon this finding, the City recommends that the following mitigation measure be adopted as a condition of Alternative Project approval: The project proponent(s) shall coordinate development plans with the City of Diamond Bar Department of Parks and Recreation. Facts in Support of Finding: The following facts are provided in support of the recommended deletion of these mitigation measures: (a) Although park in -lieu fees will be paid to the City by the project proponent(s), no park dedication obligations, as imposed by the City and/or County, are required hereunder. (b) The elimination of the Project's recreational component negates the further need to impose mitigation measures or other related conditions of approval upon non- residential activities. (c) Improved opportunities for linkages with the Countywide trail system exist upon the remaining portions of the Project site. Roohawn-Sarah Pana Maas Plan Page 67 4653 FINDINGS 6 FINDINGS REGARDING MITIGATION REPORTING OR MONITORING PROGRAM 6.1 ReQuirement for Mitigation e,porting or Monitoring Program: Section 21081.6 of the Public Resources Code requires that when a public agency is making the findings required by Section 21081(a) of the Public Resources Code, the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval, in order to mitigate or avoid significant effects on the environment. The City hereby finds that the Mitigation Reporting and Monitoring Program ( xh'bit )-), adopted by the City for the Alternative Project meets the requirements of Section 21081.6 of the Public Resources Code. 7 FINDINGS OF THE CITY OF DIAMOND BAR PURSUANT TO SECTION 21151.8 OF THE CALIFORNIA PUBLIC RESOURCES CODE 7.1 Requirement for Findin¢s: Section 21151.8 of the California Environmental Quality Act, as amended ("CEOA"), codified in the California Public Resources Code, provides that for projects involving the purchase of a school site or the construction of a new elementary or a secondary school, no EIR shall be approved unless all of the following occur: (1) The EIR includes information which is needed to determine if the property proposed for purchase, or to be constructed upon, is any of the following: (a) the site of a current or former hazardous waste disposal site or solid waste disposal facility and, if so, whether the wastes have been removed; (b) a hazardous substance release site identified by the State Department of Health Services in a current list adopted pursuant to Section 25356 for removal or remedial action pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code; and/or (c) a site which contains one or more pipelines, situated underground or aboveground, which carries hazardous substances, acutely hazardous materials, or hazardous wastes, unless the pipeline is a natural gas line which is used only to supply natural gas to the school or neighborhood. Reioluuon-South Pointy Mace► Plan Page 68 4653 FINDINGS (2) The Lead Agency preparing the EIR has been notified in writing and consulted with the administrating agency in which the proposed school site is located, and with any air pollution control district or air quality management district having jurisdiction in the area, to identify facilities within one-fourth of a mile of the proposed school site which might reasonably be anticipated to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste. (3) The governing board of the school district makes one of the following written findings: (a) consultation identified no such facilities specified in paragraph (2) above; (b) the facilities specified in paragraph (2) exist, but one of the following conditions applies: (i) the health risks from the facilities do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school site; or (ii) corrective measures required under an existing order by another agency having jurisdiction over the facilities will, before the school is occupied, result in the mitigation of all chronic or accidental hazardous air emissions to levels that do not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school. Finding: The City hereby finds that the Project site contains none of the factors or conditions identified in Section 21151.8(a) of the Public Resources Code. Facts in Support of Finding: The following facts are provided in support of this finding: (a) Based upon that consultation and written notification required under Section 21151.8(2) of the Public P.�sources Code, all facilities within one-fourth of a mile of the Project site which might reasonably be anticipated to emit hazardous emissions or handle hazardous or acutely hazar&L�a materials, substances or wastes were identified. (b) The Final EIR included that information required under Section 21151.8(1) of the Public Resources Code. Reaohmm-South Pouw MmIer Plan Page 69 4653 FINDINGS y a U � OC C Z i+ O C• � � 4 y' TG� =.� v c g�� U > iE ego v r U dl � 3 � Cb 4 - U a JOE �. 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SUMMARY: The applicant requests approval of a 21 unit single family residential development proposed on 6.7 acres located adjacent to Morning Sun Drive. The applicant requests a continuance to October 18, 1994. RECOMMENDATION: It is recommended that the City Council continue this project to October 18, 1994 LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification _ Resolution(s) —Bid Specification (on file in City Clerk's Office) X Other: Letter from Applicant dated September 30, 1994 EXTERNAL DISTRIBUTION: Project Applicant 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? 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: Tdrrence L. Bel g Frank sher ' mes DeStefano City Manager Assistant City Manager Community Develppment Director SEP 30 '94 07=58 PF'EILER & ASSOC. G° P.2i2 PFEILER & ASSOCIATES ENGINEERS CIVIL ENGINEERING • SURVEYING 612 North Diamond Bar Boulevard • Diamond Bar, California 91765 ON) 860MM • FAX (909) 8863967 September 29, 1994 Mayor Gary Warner City of Diamond Bar Cn 21660 East Copley Drive, Suite 100 `- Diamond Bar, CA 917155-4177 ca Subject: Request for Continuance b Of Council Action on Tentative Tract No. 51253, CUP No, 92-12 and Oak Tree Permit No. 92-9 Mayor Warner and Honorable City Council Members: We have been instructed by our client, the Sasak Corporation, to request a continuance for the above mentioned council action until the October 18, 1994. This delay will enable us to work with the adjacent property owners and City Staff to resolve the issue raised by the revised layout of this tract. Thank you for considering this request. If there are any questions Or additional information that you require, please call. Very Truly Yours, PFEILER & ASSOCIATES ENGINEERS INC_ Byr�L, L A-Alkk-NIWALL 8 MutOh, P.E. LJM/ts CQ: Jim DeStefano, Planning Dept. Mike Myer, Assistant City Engineer MTV AV niAlUllM DID AGENDA REPORT AGENDA NO. G— - TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 REPORT DATE: September 29, 1994 FROM: James DeStefano, Community Development Director TITLE: AWARD OF CONTRACT FOR ENVIRONMENTAL SERVICES FOR VTM 47850 SUMMARY: In November of 1992, the City denied Vesting Tentative Tract Map No. 47850. Subsequent to litigation by the applicant, Diamond Bar Associates, and in accordance with the terms of a "Settlement Agreement" the City has agreed to reconsider the proposed 57 unit single family residential development. As part of the review, the previously prepared Environmental Impact Report must be augmented. Proposals were solicited from eight experienced environmental consulting firms. Four proposals were submitted for consideration. RECOMMENDATION: It is recommended that the City enter into a Professional Services Agreement with Michael Brandman Associates to provide environmental services for VTM 47850 in the amount of $34,000. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No U- +1%- 04- A 4+n xis CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AWARD OF CONTRACT FOR ENVIRONMENTAL SERVICES FOR VTM 47850 RECOMMENDATION: It is recommended that the City enter into a Professional Services Agreement with Michael Brandman Associates to provide environmental services for VTM 47850 in the amount of $34,000. FINANCIAL SUND4ARY: The project will be funded through developer fees paid by the applicant to the City. BACKGROUND: Three vesting tract maps were submitted to the City in November, 1989. In May, 1992 the City Council approved two of the tract maps. In November, 1992, the City Council denied Vesting Tract Map 47850. Subsequent to litigation, the applicant, Diamond Bar Associates, entered into a Settlement Agreement with the City in early 1994. As a part of the Agreement, the City has agreed to reconsider the "application for VTM 47850 as was before the Council in November 1992". The development proposal is for 57 units on 80 acres located adjacent to the "County Estates", the applications include Vesting Tentative Map 47850, a CUP for Hillside Development the Significant Ecological Area (SEA 15), and an Oak Tree Permit. Although the "Settlement Agreement" returns the project to its 1992 status, the project must be reviewed in light of 1994 California Environmental Quality Act (CEQA) standards. The City needs the previously prepared EIR reviewed to determine the following issues: • Review draft EIR to determine if current with statute, policy and case law • Recommendations on certification process • Make necessary augmentation, findings and conditions • Review and create a Mitigation and Monitoring Program DISCUSSION: Proposals were received from four firms and carefully reviewed. The proposals recommended a range of services and costs dependent upon a more formal review of the previously prepared Environmental Impact Report and geotechnical studies. The consultant's proposed fee for preparation of the environmental document are as follows: Consultant Estimated Fee Range 1. LSA $ 1,200 - $ 3,000 2. Michael Brandman Associates $ 22,313 - $ 30,735 3. Ultrasystems Environmental $ 19,310 - $ 45,000 4. Envicom $ 63,472 - $ 86,972 The City desires the selected consultant to monitor on-site mitigation implementation. As the extent of monitoring obligations cannot be entirely known, pending approval of the project and environmental documents, it is not possible, now, to precisely predict costs associated with this task. A total scope of work and cost for the mitigation monitoring and reporting program will be defined at the time the project nears approval and will be returned to the City Council for contract award. The City reviewed the proposals and recommends that the City enter into an agreement with Michael Brandman Associates in the amount of $34,000 based upon the firm's extensive experience in environmental issues, proposed scope of work, and familiarity with the project. The City Staff recommends a contigency amount of approximately 10.5 % in order to accommodate potential changes to the currently anticipated scope of work. Attachments: Request For Proposal MBA Proposal Professional Services Agreement September 19, 1994 REQUEST FOR PROPOSALS FOR ENVIRONMENTAL MITIGATION AND MONITORING SERVICES The City of Diamond Bar is seeking experienced consulting firms to perform all services necessary in preparing and implementing an Environmental Mitigation and Monitoring Program. The project, which is being reviewed by the City is a proposed residential development in an environmental sensitive hillside area. The development proposal, by Diamond Bar Associates, is for 57 units on 73 acres located adjacent to*the "County Estates", the applications include Vesting Tentative Map 47850, CUP for Hillside Development in an SEA, and an Oak Tree Permit. The project is located in the Significant Ecological Area 15 (SEA 15) and application requests the removal of numerous oak and walnut trees. This tract is the last of 3 tracts submitted as one project to the City in November of 1989. The issues concerning the project are: valuable natural habitat disturbance, massive grading, soils and geotechnical concerns and the remedial corrections required for stabilization, density and land use conformity. Zoning on the subject site includes R-1-8,000, R- 1-20,000, and A-2-2. The project will include the following tasks: Review of existing draft EIR per CEQA guidelines Develop scope for certification of the required environmental documents, response to comments Develop and implement the Mitigation and Monitoring Program Proposals should address the following possible time frame, cost break down by tasks. Page Two Request for Proposals Environmental Mitigation and Monitoring To be eligible for consideration, interested firms must submit six copies of their proposal to the City no later than 5:00 p.m. on September 26, 1994, addressed to: City of Diamond Bar James DeStefano Community Development Director 21660 E. Copley, Suite 100 Diamond Bar, CA 91765 There will be a pre -proposal meeting on Wednesday, September 21, 1994 at 4:00 p.m. at the Diamond Bar City Hall Conference Room. At the meeting the previously prepared EIR will be distributed. This is not a mandatory meeting. Staff will review proposals for compliance with requirements of this RFP, and shall make. the final determination subject to approval at the City Council Meeting on October 4, 1994. The successful firm will be required to enter into a Professional Services Agreement. If you have any questions regarding this RFP, please contact me at (909) 396-5676. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT James DeStefano, Director Proposals sent to: Urban Vision Eric Ruby 1601 Dove Street, Suite 205 Newport Beach, CA 92660 ATEC Environmental Consultants Janet Holtz 8 Pasteur, Suite 150 Irvine, CA 92718-3803 EIP Associates Ross Geller 2 N. Lake Ave., Suite 580 Pasadena, CA 91101 Ultrasystems Environmental Inc. Peter Lewandowski 8 Corporate Park Suite 300 Irvine, CA 92714 Envicom Corp Joseph Johns 28328 Agora Rd. Agora Hills, CA 91301 Michael Brandman Associates Tom Smith 17310 Redhill #250 Irvine, Ca 92714 LSA Associates Carolyn Lobell 3403 10th Street, Suite 520 Riverside, CA 92501 David Evans & Associates 1000 E. Garvey Ave, Suite 250 West Covina, 91709 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of October 1994, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and Michael Brandma_n_ Associates (hereinafter referred to as "CONSULTANT") A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to VTM 47850 - Environmental Services ("Project" hereafter) and by this reference made a part hereof. (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's City Council and staff on an as -needed basis. (iv) CONSULTANT represents that it qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: 1. : The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) PrQject: The preparation of Environmental Studies described in Exhibit "A" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in venting, of such plans, maps, surveys, reports and documents to CITY as 1 required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the assigned project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the assigned project. (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the adoption of Environmental Studies for VTM 47850 as set forth in the Fee Proposal of Exhibit "A" hereto. • � �� a � • mror, (a) CONSULTANT shall forthwith undertake and complete the project in accordancc with Exhibit "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, and professional standards, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" to CITY within the time specified in Schedule of work in Exhibit "A". Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT E hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY eggs as follows: (a) To pay CONSULTANT a maximum sum of 534000 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made. by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibit "A". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be paid on a time -and -materials reimbursement basis in accordance with the fee schedule set forth in said Exhibit "A". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices' are received by CITY. 3 4. CITY agrees IQ provide I.4 CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the Project. Project. (c) Such information as is generally available from CITY files applicable to the (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANrs responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership Qf Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "A", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to. CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not termin4te this Agreement except for cause. 4 7. Notices md Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, finthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: James DeStefano Community Development Director City of Diamond Bar 21660 E. Copley Dr., Ste. 190 Diamond Bar, CA 91765 Tom Smith President Michael Brandman Associates 17310 Redhill #250 Irvine, CA 92714 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a)Workers' Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: 5 "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' 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 Agreement" (b) Public Liabili od Property Dames: Throughout the term of this Agreement, at CONSULTANTS sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANTs activities, providing protection of at least One Million Dollars ($1,000,000.00) for property damage, bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) aggregate. (d) General Insurance Renuirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, agents and representatives. All policies shall contain language, to the effect that: (1) thtt insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 6 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. fig: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of one hundred dollars ($10� per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to, estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such. default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. h 13. Governing jam: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Em: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing partyin said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Entire : This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding.. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: ATTEST: Approved as to Form: Interim city Attorney CONSULTANT CITY OF DIAMOND BAR Mayor City Clerk P. MICHAEL FREEMAN FIRE CHIEF FORESTER h FIRE WARDEN September 27, 1994 COUNTY OF LOS ANGELES FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES, CALIFORNIA 80063 3294 (213) 881-2411 TO: ALL COUNTY OF LOS ANGELES FIRE DEPARTMENT CONTRACT CITIES PUBLIC INFORMATION/COMMUNITY RELATIONS OFFICERS FROM: CAPTAIN STEVE VALENZUELA61.) COMMUNITY RELATIONS OFFICE' MAYORAL/CITY COUNCIL PROCLAMATION WHEREAS More than 4,000 people in the United States died in home fires in 1994; and WHEREAS Approximately eighty percent of all U.S. fire deaths occur in the home; and WHEREAS Developing and rehearsing home escape plans is a proven life-saving measure that we all can take; and WHEREAS Every household should devise and practice a home fire escape plan that includes having working smoke detectors and two ways out of each room; and WHEREAS Fire safety behaviors such as crawl low in smoke and stop drop and roll save lives; and WHEREAS Three civilians died as a result of the 1993 Firestorm; and WHEREAS There were nineteen fire fighter injuries and one civilian injury during the 1993 Firestorm; and WHEREAS Over four thousand residents were evacuated from their homes during the 1993 Firestorm; and WHEREAS More than 570 Los Angeles County homes were either destroyed or damaged during the Firestorm; and WHEREAS The County of Los Angeles Fire Department is dedicated to the safety of life and property from the devastating effects of fire; and WHEREAS Those members -of the fire service are joined by other concerned citizens of this state; as well as business, schools, service clubs and organizations in their fire safety efforts; and /we (Mayor or City Counsel name), (Mayor or City Counsel of ), do hereby proclaim the week of October 9-15, 1994 as Fire Prevention Week. This week commemorates the great Chicago Fire of 1871, which killed 250 persons left 100,000 homeless and destroyed more than 17,400 buildings. call upon the people of this (city name) to participate in fire prevention activities at home, work and school, and to heed the message; TEST YOUR SMOKE DETECTOR FOR LIFE, the 1994 Fire Prevention Week theme, and also not to forget to prepare for wildf ires. In witness hereof, I hereunto set my hand this day of (month) the year of our Lord nineteen hundred and ninety four. AAMAYPROC FIRE PREVENTION WEEK OCTOBER 9-15, 1994 WHEREAS, approximately eighty percent of all U.S. Are deaths occur in the home and in 7994, more than 4,000 people in the United States died in home Ares; and WHEREAS, developing and rehearsing home escape plans is a proven life-$4vhfq measure that we all can take; and WHEREAS, every household should devise and practice a home Are escorpa'plan Mat includes having working smoke detectors and two ways out of each room; and WHEREAS Are safety behaviors such as crawl low in smoke and stop,dro�9 and rgll saves lives; and WHEREAS, the County of Los Angeles Fire Department is dedicated to the safety of life and property from the devastating effects of Are and those members of the Are service_ ere joined by other concerned citizens of this state; as well as business, schools, service dubs`4nd organizations in their safety efforts. ! NOW, THEREFORE, the Cfty Council of the City of Diamond Swereby pt►o laims the week of October 9-15, 1994 as Fire Prevention Week. This week commerjfi�ates 16 jj eat Chicago Fire of 1871, which killed 250 persons left 100,000 homeless and dest►wyedmor# than 17,400 buildings. FURTHER, the City Council urges the citizens of the City of Dfamond-Bar to participate in Are prevention activities at home, work and school and to heedthe ivaseage, 'TEST YOUR SMOKE DETECTOR FOR LIFE," the 1994 Fire Prevention Week theme. Dated: October 4, 1994