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HomeMy WebLinkAbout10/6/1998Cit C011TIC-tc AGENDA Tuesday, October 6, 1998 4:00 p.m., Joint Study Session with Parks & Recreation Commission CC -8 6:30 p.m. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California 91765 Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Carol Herrera Wen Chang Eileen Ansari Bob Huff Debby O'Connor Terrence L. Belanger Michael Jenkins Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. Next Resolution No. 98-54 Next Ordinance No. 04(1998) STUDY SESSION: 4:00 p.m., AQMD Room CC - 8 Joint Meeting with Parks & Recreation Commission 1. CLOSED SESSION: 2. CALL TO ORDER: 6:30 p.m., October 6, 1998 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Dr. Ted Martinez, Evangelical Free Church of Walnut ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming October 5-9, 1998 as "Rideshare Week." 3.2 Proclaiming October, 1998 as "Crime Prevention Month." 3.3 Proclaiming October, 1998 as "Escrow Month." 3.4 Presentation of City Tile to Helen Delaney, Maple Hill Elementary School, named "Teacher of the Year" by the Walnut Valley Unified School District. 3.5 Presentation of City Tile to Victoria Rasshan, Roosevelt Elementary School, named "Teacher of the Year" for the Pomona Unified School District. 3.6 Presentation of City Tile to Deputy Thomas Lanning, Walnut Sheriff for having arrested a suspected rapist. BUSINESS OF THE MONTH: 3.7 Presentation of City Tile to Mike Scott, President of Scott Engineering 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to OCTOBER 6, 1998 PAGE 2 the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Sneaker's Card and give it to the City Clerk (completion of this form is voluntary) . There is a five minute maximum time limit when addressing the City Council, 5. SCHEDULE OF FUTURE EVENTS: 5.1 TELECOMMUNICATIONS TASK FORCE COMMITTEE - October 7, 1998 - 6:30 p.m., AQMD CC -2, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - October 8, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - October 13, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING AND STUDY SESSION WITH THE TRAFFIC AND TRANSPORTATION COMMISSION - October 20, 1998 - 4:00 p.m., CC -8, AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Study Session of September 15, 1998 - Approve as submitted. 6.1.2 Regular Meeting of September 15, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.2.1 Regular Meeting of July 9, 1998 - Receive and File. 6.2.2 Regular Meeting of August 13, 1998 - Receive and File. Requested by: Public Works Division 6.3 PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of June 23, 1998 Receive and File. 6.3.2 Regular Meeting of July 14, 1998 - Receive and File. Requested by: Planning Division OCTOBER 6, 1998 PAGE 3 6.4 PARKS & RECREATION COMMISSION MINUTES: 6.4.1 Regular Meeting of July 23, 1998 - Receive and File 6.4.2 Regular Meeting of August 27, 1998 - Receive and File. Requested by: City Services Division 6.5 VOUCHER REGISTER - Approve Voucher Register dated October 6, 1998 in the amount of $506,400.30. Requested by: City Manager 6.6 TREASURER'S REPORT - for August, 1998. Recommended Action: It is recommended that the City Council approve the August, 1998 Treasurer's Statement. Requested by: City Manager 6.7 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING EFFORTS TO MANDATE ALL NEWLY HIRED PUBLIC EMPLOYEES TO PARTICIPATE IN THE SOCIAL SECURITY PROGRAM - Federal policy makers are developing reform plans for the Social Security program. The mandatory inclusion of Social Security coverage of newly hired public employees and their employers have been included in several legislative measures. The money from the coverage would go to help re -balance the fiscally troubled Social Security program. One of the reasons why the new tax would apply to newly hired, presumed to be younger public employees, is because the Federal government would get the money today, with no obligation to pay a benefit for some 40 years. Newly hired state and local government employees and their employers would be forced to remit 12.4% of pay. This could result in a number of different outcomes including new benefits structures. Continued from September 15, 1998. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX opposing efforts to mandate -all -newly hired public employees to participate in the Social Security Program. Requested by: City Manager 6.8 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE PROCLAMATION THEREOF - During the winter rains of 1998, a major landslide occurred on the hillside of Minnequa Dr. This landslide was so substantial that 5 homes were yellow -tagged by the OCTOBER 6, 1998 PAGE 4 Building & Safety Division; 2 on Minnequa Dr. and 3 on Sunset Crossing Rd. It is feared that further slippage may result in the homes on Minnequa Dr. sliding down the hill toward Sunset Crossing Rd. A wall of mud and debris slid into the backyard of the 3 homes on Sunset Crossing Rd. and remains there today. Due to a concern for the health and safety of the residents, the City is assisting the homeowners in trying to remedy the landslide by applying for FEMA (Federal Emergency Management Agency) Grant fund and/or CDBG (Community Development Block Grant) Grant funds. Recommended Action: It is recommended that the City Council adopt Resolution No. 98 -XX confirming the existence of a local emergency and ratifying the proclamation thereof. Requested by: City Manager 6.9 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE VACATION OF ROAD AND HIGHWAY EASEMENTS - L.A. Fitness, Inc. has requested vacation of existing easements for road and highway purpose, located at the southeastern corner of their property adjacent to Golden Springs Dr. These easements were dedicated to L.A. County during the early design phase of the original Golden Spgs. Dr. alignment. Since that time, Golden Spgs. Dr. has been constructed to the full right-of-way width of 100 ft. The easements are located outside the 100 ft. right-of- way width. Recommended Action: It is recommended that the City Council approve and adopt Resolution No. 98 -XX accepting the vacation of road and highway easements. Requested by: Public Works Division 6.10 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE VACATION OF A SEWER EASEMENT - L.A. Fitness, Inc. has requested the vacation of an existing easement for sanitary sewer purposes located at the northwestern end of their property adjacent to St. Rt. 60 Fwy. There are no existing lines within this -sewer -easement and there are no proposed sewer lines for future uses. L.A. Fitness will be extending the existing sewer main located on Golden Spgs. Dr. in order to facilitate laterals to their property. Recommended Action: It is recommended that the City Council approve and adopt Resolution No. 98 -XX accepting the vacation of a Sewer Easement. OCTOBER 6, 1998 PAGE 5 6.11 ENGINEERING SERVICES CONTRACT EXTENSIONS 6.11.1 EXTENSION OF CONSULTING SERVICES AGREEMENT FOR PROFESSIONAL SOILS AND GEOTECHNICAL ENGINEERING SERVICES - The City has been utilizing professional consultants to provide on-call/as-needed soils and geotechnical engineering services. The contracts for these services will expire on October 1, 1998. On September 9, 1998, the Department of Community and Development Services requested proposals from the existing pool of pre -qualified on- call soils and geotechnical engineering firms to provide professional soils and geotechnical engineering services for a period of 3 years, commencing October 21, 1998. On September 21, 1998, the City received 3 proposals from Converse Consultants, Kleinfelder Inc., and Leighton & Associates. Based upon review of our service needs, proposal and previous working history, staff recommends that the City retain Leighton & Associates to provide the professional soils and geotechnical engineering services on an as -needed basis. Recommended Action: It is recommended that the City Council approve and authorize the Mayor to extend the Consulting Services Agreement with Leighton & Associates to provide as -needed professional soils and geotechnical engineering services for 3 years commencing October 21, 1998. 6.11.2 EXTENSION OF CONSULTING SERVICES AGREEMENTS FOR CITY TRAFFIC ENGINEERING SERVICES - The City has been utilizing professional consultants to provide on-call/as-needed traffic and transportation engineering ser- vices. Contracts for these services will expire on October 21, 1998. On September 9, 1998, the Department of Community and Development Services requested proposals from the existing pool of pre -qualified on-call traffic and transportation engineering firms to provide City Traffic. Engineering services for a period of 3 years, commencing October 21, 1998. on September 21, 1998, the City received 6 responses to extend their on-call contracts (Austin -Foust, Inc., DKS Assoc., Linscott Law & Greenspan Engineers, Meyer, Mohaddes Assoc., Inc., O'Rourke Engineering and Warren Siecke) and 4 proposals for Traffic Engineering Services (Austin -Foust, Inc.; DKS Assoc.; Meyer Mohaddes Assoc. and Warren Siecke). Based upon review of our service OCTOBER 6, 1998 PAGE 6 needs, proposals, and previous working history, staff recommends that the City retain Warren Siecke for Traffic Engineering Services and extend the on-call contracts for the remaining 5 firms. Recommended Action: It is recommended that the City Council (A) award a Traffic Engineering Services contract to Warren Siecke on an as -needed basis for 3 years commencing October 21, 1998 and (B) approve and authorize the Mayor to extend the on-call contracts for Austin -Foust, Inc.; DKS Assoc.; Linscott Law Greenspan Engineers, Meyer, Mohaddes Assoc., Inc. and O'Rourke Engineering on an as -needed basis for 3 years commencing October 21, 1998. 6.11.3 AWARD OF CONTRACT FOR CITY ENGINEERING SERVICES - The City has been utilizing professional consultants to provide on- call/as-needed plan checking and inspection services for private and subdivision developments. The contracts for these services will expire on October 21, 1998. The Department of Community Development Services requested proposals to provide these services on an as -needed basis for 3 years with the possibility of 2 additional renewals. The City received 9 proposals, 5 of which were interviewed further by the selection committee on April 16, 1998. Based upon review of our service needs, proposal, and previous working history, the selection committee recommended that the City retain 2 firm to provide these services. Recommended Action: It is recommended that the City Council award contracts to Charles Abbott & Assoc. and Hall & Foreman, Inc. to provide City Engineering services on an as - needed basis. Requested by: Public Works Division 7. PUBLIC -HEARING: 7:00 p.m., or as soon thereafter as may be heard. None 8. OLD BUSINESS: 8.1 (A) RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 52267, CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 97-2 (SCH NO. 97031005) AND APPROVAL OF THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN, FOR A 141 LOT SUBDIVISION (130 SINGLE OCTOBER 6, 1998 PAGE 7 FAMILY HOMES) GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGH CREST DRIVE, DIAMOND BAR, CALIFORNIA; (B) RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 98-03, OAK TREE PERMIT NO. 98-01, FOR VESTING TENTATIVE TRACT MAP NO. 52267, A 141 LOT SUBDIVISION FOR THE DEVELOPMENT OF 130 SINGLE FAMILY HOMES GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGHCREST DRIVE, DIAMOND BAR, CALIFORNIA - The Diamond Hills Ranch Partnership, Ltd/SunCal has requested approval of a 130 unit single family residential development to be constructed upon 65 acres of a 339.3 acre site located east of Diamond Bar Blvd. at Tin Dr. On September 15, 1998 the City Council directed the preparation of resolution of approval incorporating project findings and conditions for review and consideration by the Council. Recommended Action: It is recommended that the City Council review the attached draft Resolution No. 98 -XX and 98 -XX and direct staff as appropriate. Requested by: Planning Division 9. NEW BUSINESS: 9.1 DISCUSSION OF FIRST AND SECOND QUARTER TRAFFIC ENFORCEMENT STATISTICS - Verbal presentation will be given by Capt. Richard Martinez outlining the first and second quarter reports. Recommended Action: Receive presentation and file. Requested by: City Manager 9.2 APPOINTMENT OF CIVIC CENTER/COMMUNITY CENTER TASK FORCE MEMBERS. Recommended Action: Direct staff as necessary. Requested by: Mayor RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. RA98-08 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff OCTOBER 6, 1998 PAGE 8 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntarv). There is a five minute maximum time limit when na the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of September 15, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated October 6, 1998 in the amount of $25,883.10. Requested by: Executive Director 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBERS COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given - at this meeting or the item may -be scheduled for action at a future meeting. 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: v v \. DATE: I ADDRESS: PHONE: ORGANIZATION. AGENDA #/SUBJECT:C ` 4 Z% Sd c• G 'k C- V`IL, ` I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. \ Sig Stu e VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: �3 ADDRESS: 1�ti1.1( PHONE: -fes 51 �-.�� 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: .�. ;�;..t DATE: I " 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 DATE: FROM: PHONE: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the ubje Benda m. Please have the Council Minutes reflect my name and address as written above. Civic/Community Center Roster Thom Pruitt/CH Sharon Shepard/CH October/1998 1302 S. Diamond Bar Blvd, #C 559 Golden Prados Diamond Bar, CA 91765 Diamond Bar, CA 91765 Dave Schey/WC 1121 Greycrest Place Diamond Bar, CA 91765 Dave Yocum/BH 1732 Mensha Diamond Bar, CA 91765 Dave Oliver/WC 510 Charmingdale Diamond Bar, CA 91765 Allen Wilson/13H 22809 Hilton Head Drive, Unit 7 Diamond Bar, CA 91765 Art O'Daly Bob Zirbes Diamond Bar Chamber of Commerce DBIA 21450 N. Golden Springs, #14 2141 Tierra Loma Diamond Bar, CA91789 Diamond Bar, CA 91765 Tom Ortiz Diamond Bar Seniors 3308 Hawkwood Diamond Bar, CA 91765 Annette Finnerty P&R Commission 1854 Silver Hawk Drive Diamond Bar, CA 91765 Brenda Engdahl PUSD Diamond Bar, CA 91765 Kathleen Newe DB Friends of the Library 6 El Vecino Place Phillips Ranch, 91766 Daniel Nolan P&R Commission 23463 Wagon Trail Diamond Bar, CA 91765 Rajaie Batnigi DB High School, Student Body Pres. 24155 E. Lodge Pole Road Diamond Bar, CA91765 Nina. Goncharov/WC 23631 Gold Nugget Diamond Bar, CA 91765 J.J. Dinkin/DO 1877 Fern Hollow Drive Diamond Bar, CA 91765 Norman Bell Diamond Bar Seniors 405 Camaritas Diamond Bar, CA 91765 Eileen Tillery DB Friends of the Library 22823 Dry Creek Diamond Bar, CA 91765 Chris McPeak WVUSD 22968 E. Estroil, Unit 2 Diamond Bar, CA 91765 1. CITY OF DIAMOND BAR "QUICK CAP" MINUTES OCTOBER 6, 1998 STUDY SESSION: Mayor Herrera called the Study Session to order at 4:20 p.m. in Room CC -8 of the SouthCoast Air Quality Management District 28165 E. Copley Dr., Diamond Bar, CA Chairman Finnerty called the Parks & Recreation Commission meeting to order. ROLL CALL: Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera P & R COMMISSION ROLL CALL: Anis, Nolan, Pruitt, Holder, Chair Finnerty Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney, James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director; Lynda Burgess, City Clerk; Kellee Fritzal, Assistant to City Manager and Anne Haraksin, Administrative Assistant. ADJOURNMENT: 5:42 p.m. REDEVELOPMENT AGENCY CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.8 - Property: 21700 Gateway Center Dr. (Lot 2, Tract No. 39679) Negotiating Parties: City of Diamond Bar and A.E.W/Tooley & Company CM/Belanger stated that no reportable actions were taken. 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:52 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Gilbert Herrera, Assistant Fire Chief INVOCATION: Dr. Ted Martinez, Evangelical Free Church of Walnut APPROVED AGENDA OCTOBER 6, 1998 PAGE 2 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed October 5-9, 1998 as "Rideshare Week." 3.2 Proclaimed October, 1998 as "Crime Prevention Month." 3.3 Proclaimed October, 1998 as "Escrow Month." 3.4 Presented City Tile to Helen Delaney, Maple Hill Elementary School, named "Teacher of the Year" by the Walnut Valley Unified School District. 3.5 Presented City Tile to Victoria Rasshan, Roosevelt Elementary School, named "Teacher of the Year" for the Pomona Unified School District. 3.6 Presented City Tile to Deputy Thomas Lanning, Walnut Sheriff for having arrested a suspected rapist. BUSINESS OF THE MONTH: 3.7 Presented City Tile to Mike Scott, President of Scott Engineering 4. PUBLIC COMMENTS: Jeff Koontz, Chamber of Commerce, announced candidates' forum on Wednesday, October 14 beginning at 6:00 p.m. in the AQMD. Also announced the Chamber's Business Expo on Oct. 24. "Eggs & Issues" Breakfast Meeting, 7:14 a.m. on Oct. 28. Asked for more information regarding the "Night Glow Golf" being presented by the Parks & Recreation Dept. Dr. Lawrence Rhodes - re Social Security, asked the City to coordinate with seniors regarding persons included in "notch payments" which results in approximately $200 less per month received by those persons. George Davidson - re Item 6.1.1. - concerned using Leighton & Assoc. - this firm involved in several Southern California landslides. Iris Mann - asked the City to make sure that the Sun Cal development is environmentally safe for animals. George Davidson - Thanked the City for delivering packets to him re Sun Cal. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TELECOMMUNICATIONS TASK FORCE COMMITTEE - October 7, 1998 - 6:30 p.m., AQMD CC -2, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - October 8, 1998 - OCTOBER 6, 1998 PAGE 3 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - October 13, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING AND STUDY SESSION WITH THE TRAFFIC AND TRANSPORTATION COMMISSION - October 20, 1998 - 4:00 p.m., CC -8, AQMD Auditorium, 21865 E. Copley Dr. 5.5 TOWN HALL MEETING - November 7, 1998 - 9:00 - 12:00 - Parking Task Force and short and long term solutions to traffic. 5.6 NIGHT GLOW GOLF - October 23, 1998, 7:00 p.m., Diamond Bar Golf Course. 6. CONSENT CALENDAR: Moved by MPT/Chang, seconded by C/Huff to approve with the exception of Item No. 6.11.1 and 6.11.3. Motion carried 5-0 by Roll Call vote. 6.1 APPROVAL OF MINUTES: 6.1.1 Study Session of September 15, 1998 - Continued to next meeting. 6.1.2 Regular Meeting of September 15, 1998 - Approved as submitted. 6.2 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.2.1 Regular Meeting of July 9, 1998. 6.2.2 Regular Meeting of August 13, 1998. 6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of June 23, 1998. 6.3.2 Regular Meeting of July 14, 1998. 6.4 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES: 6.4.1 Regular Meeting of July 23, 1998. 6.4.2 Regular Meeting of August 27, 1998. 6.5 APPROVED VOUCHER REGISTER - dated October 6, 1998 in the amount of $506,400.30. 6.6 RECEIVED & FILED TREASURER'S REPORT - for August, 1998. ,5-5- 56.7 6.7 ADOPTED RESOLUTION NO. 98-x-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING EFFORTS TO MANDATE ALL NEWLY HIRED PUBLIC EMPLOYEES TO PARTICIPATE IN THE SOCIAL SECURITY PROGRAM. 6.8 ADOPTED RESOLUTION NO. 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE OCTOBER 6, 1998 PAGE 4 PROCLAMATION THEREOF. 5-7 6.9 RESOLUTION NO. 98-.5-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE VACATION OF ROAD AND HIGHWAY EASEMENTS - L.A. Fitness, Inc. requested vacation of existing easements for road and highway purposes located at the southeastern corner of their property adjacent to Golden Springs Dr. 6.10 RESOLUTION NO. 98- : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE VACATION OF A SEWER EASEMENT - L.A. Fitness, Inc. requested the vacation of an existing easement for sanitary sewer purposes located at the northwestern end of their property adjacent to St. Rte. 60 Fwy. 6.11 ENGINEERING SERVICES CONTRACT EXTENSIONS 6.11.2 APPROVED EXTENSION OF CONSULTING SERVICES AGREEMENTS FOR CITY TRAFFIC ENGINEERING SERVICES - (A) awarded a Traffic Engineering Services contract to Warren Siecke on an as - needed basis for 3 years commencing October 21, 1998 and (B) approved and authorized the Mayor to extend the on-call contracts for Austin -Foust, Inc.; DKS Assoc.; Linscott Law Greenspan Engineers; Meyer, Mohaddes Assoc., Inc. and O'Rourke Engineering on an as -needed basis for 3 years commencing October 21, 1998. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.11.1 EXTENSION OF CONSULTING SERVICES AGREEMENT FOR PROFESSIONAL SOILS AND GEOTECHNICAL ENGINEERING SERVICES Following discussion, moved by C/Ansari, seconded by C/Huff to approve extension of the agreement with Leighton & Associates to provide as -needed professional soils and geotechnical engineering services for 3 years commencing October 21, 1998. Motion carried 5-0 by Roll Call vote. 6.11.3 AWARD OF CONTRACTS FOR CITY ENGINEERING SERVICES Following discussion, moved by MPT/Chang, seconded by C/Huff to award contracts to Charles Abbott & Assoc. and Hall & Foreman, Inc. to provide City Engineering services on an as -needed basis. Motion carried 4-0-1 by Roll Call vote (C/Ansari abstained). 7. PUBLIC HEARING: None OCTOBER 6, 1998 8. OLD BUSINESS: PAGE 5 511� 8.1 (A) RESOLUTION NO. 98-,$: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 52267, CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 97-2 (SCH NO. 97031005) AND APPROVAL OF THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN, FOR A 41 LOT SUBDIVISION (130 SINGLE FAMILY HOMES) GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD ND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGH CREST DRIVE, DIAMOND BAR, CALIFORNIA. ro© (B) RESOLUTION NO. 98-�: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 98-03, OAK TREE PERMIT NO. 98-01, FOR VESTING TENTATIVE TRACT MAP NO. 52267, A 141 LOT SUBDIVISION FOR THE DEVELOPMENT OF 130 SINGLE FAMILY HOMES GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGHCREST DRIVE, DIAMOND BAR, CALIFORNIA. Bruce Elias, Sun Cal, responded to various questions posed by the City Council. Sam Saffari - Thanked staff for the package delivered by staff. Asked questions regarding Page 15, Section (26)A, etc. Ron Tehrani - objected to the fact that the project was approved for 130 lots. Sandy Erickson - confused about the gate location. Thom Pruitt - Pointed out that the conditions of the proposed resolutions are consistent with the General Plan. Bruce Elias - Proposed amendment to last sentence of (26)A regarding improvements on D.B. Blvd. Moved by C/O'Connor second by C/Huff to adopt Resolution No. 98- and 98- C/Huff requested that language be added to Section (26) A, last sentence of the first paragraph as follows: "The landscaping projects shall be completed prior to the issuance of the final Certificate of Occupancy and after the posting of Faithful Performance Bonds." C/O'Connor agreed to amend the motion. Motion carried 4-1 (Ansari voted no.) OCTOBER 6, 1998 PAGE 6 9. NEW BUSINESS: 9.1 VERBAL PRESENTATION BY CAPT. RICHARD MARTINEZ OF FIRST AND SECOND QUARTER TRAFFIC ENFORCEMENT STATISTICS. 9.2 APPOINTMENT OF CIVIC CENTER/COMMUNITY CENTER TASK FORCE MEMBERS. Appointed by M/Herrera - Thom Pruitt, Sharon Shepard, Rajai Batnigi Appointed by MPT/Chang - David Schey, David Oliver, Nina Goncharov Appointed by C/Ansari - Marty Torres, Gary Werner, H.K. "Speed" Klinzing Appointed by C/Huff - Dave Yocum, Allen Wilson Appointed by C/O'Connor - J.J. Dinkin, a member of the Diamond Ranch High School student body and one other future appointee. Community representatives: Art O'Daly, Chamber of Commerce; Bob Zirbes, DBIA; Norman Bell and Tom Ortiz, Diamond Bar Seniors; Kathleen Newe and Eileen Tillery, Friends of the Library; Annette Finnerty and Daniel Nolan, Parks & Recreation Commission; Chris McPeak, WVUSD and Brenda Engdahl, PUSD. RECESS TO REDEVELOPMENT AGENCY MEETING 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney, James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: Moved by AM/Herrera, seconded by AM/Chang to approve the Consent Calendar. Motion carried 5-0 by Roll Call vote. 3.1 APPROVED MINUTES - Regular Meeting of September 15, 1998 - As submitted. OCTOBER 6, 1998 PAGE 7 3.2 APPROVED VOUCHER REGISTER - dated October 6, 1998 in the amount of $25,883.10. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AGENCY ADJOURNMENT: 9:15 p.m. RECONVENE CITY COUNCIL MEETING: 9:15 P.M. 10. COUNCIL SUB-COIMdITTEE REPORTS: 11. COUNCIL MEMBERS COMMENTS: 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 9:44 p.m. CITY OF DIAMOND BAR NOTICE OF PUBLIC FETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Joint Study Session with the Parks and Recreation Commission at 4:00 p.m., in CC 8, and a Regular Meeting beginning at 6:30 p.m., in the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond Bar, California on October 6, 1998. I, LYNDA BURGESS declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Joint Study Session and Regular Meeting of the Diamond Bar City Council, to be held on October 6, 1998 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 1st day of October, 1998, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar Carol Herrera Mayor Wen Chang Mayor Pro Tem Eileen R. Ansari Council Member Robert S. Huff Council Member Deborah H. O'Connor Council Member Recycled paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 Internet http-//www.ci.diamond-bar.ca.us • City Online (1385): (909) 860-5463 SPECIAL MEETING NOTICE NOTICE IS HEREBY GIVEN that the Diamond Bar City Council will hold a special meeting to conduct a Closed Session on Tuesday, October 6, 1.998 at 5:45 p.m. for the purpose of: a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.8 - Property: 21700 Gateway Center Dr. (Lot 2, Tract No. 39679) Negotiating Parties: City of Diamond Bar and A.E.W/Tooley & Company SAID MEETING will be held in Room CC -8 of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, California. FURTHER INFORMATION may be obtained at the Office of the City Clerk or by calling (909) 860-2489. DATED: October 5, 1998 Faxed to: Dianne Brown, Tribune Rick Rogers, Bulletin Lynda Burgess, Ci Clerk CITY OF DIAMOND BAR CITY COUNCIL AND THE PARKS & RECREATION COMMISSION JOINT MEETING TUESDAY, OCTOBER 6, 1998 4:OOP.M. S.C.A.Q.M.D. - ROOM CC -8 21865 COPLEY DRIVE AGENDA 1. CALL TO ORDER 2. IMPLEMENTATION OF PARKS MASTER PLAN A. 501(C)(3) NON-PROFIT FOUNDATION B. GRANT WRITER 3. JOINT USE AGREEMENTS WITH SCHOOL DISTRICTS A. PAUL C. GROW PARK B. LORBEER MIDDLE SCHOOL 4. STATUS OF LARKSTONE PARK 5. RECOMMENDATION BY THE COMMISSION FOR THE INSTALLATION OF SPANNER BANNERS 6. ADJOURNMENT OF PARKS AND RECREATION COMMISSION 7. RECESS OF CITY COUNCIL TO 6:30P.M. MEETING CITY OF DIAMOND BAR CITY-WIDE COMPREHENSIVE PARKS MASTER PLAN APPENDIX G City of Diamond Bar MEMORANDUM Date: March 10, 1998 To: Honorable Mayor and Members of the City Council From: City Council Parks Master Plan Sub -Committee Bob Rose, Community Services Director Subject: Recommended Priorities and Funding Sources for the Implementation of the Parks Master Plan The City Council Parks Master Plan sub -committee has met four times over the past four months and presents the following recommendations to the City Council with regard to the implementation of the Parks Master Plan. The Sub -Committee has determined that a broad approach to financing and implementing the goals of the Parks Master Plan is necessary. Existing resources will not provide the funds necessary to construct the projects identified in the Parks Master Plan that are essential to meet the needs of the Diamond Bar community. Therefore, the following implementation plan involves creative, as well as traditional methods, of procuring the funds and resources necessary to increase the quality and number of public facilities for the community's use. 1. General Fund: Although the City has a healthy reserve in its general fund, it is unpredictable whether the financial environment that allowed its growth will continue. The general fund reserves will best be utilized for matching funds needed to qualify for available grants, contracts for procurers of grants, costs for negotiators to seek available vacant land and to develop joint -use agreements for improvements at existing school district facilities, to fund one-time start-up costs for the most demanded public facilities, to fund master plans necessary to determine opportunities for the future and to fund the costs associated with a Proposition 218 election. It is recommended that the City Council continue to appropriate funds from the General Fund for improvements, maintenance and operations of the Parks and school district sites used for community recreation. 2. Establish a 501-C-3 Non-profit Foundation: This foundation can be set up to receive private donations from entities who might otherwise be reluctant to donate to a City, especially since the donor could receive tax benefits. This option works best when there are very specific facilities and costs that are to be funded by the foundation. Through the foundation, the City could solicit funds from private foundations, corporations, other businesses, local organizations and individuals including gifts, bequests and trust funds. It is recommended that the City Council direct staff to begin the process of establishing a 501-C-3 Non-profit foundation. 3. 'Award a contract to a Grant Procurer: A grant procurer would be responsible for searching for grants and donations available to the City, and then, when authorized to do so, to write the necessary grant or donation request to solicit the funds. It is recommended that the City Council direct staff to release a R.F.P. to start the process of contracting with a consultant to procure grant funds for the City. 4. Award a contract to a City/School District Negotiator: The two school districts in the city have been identified as potentially having the facilities necessary to meet most of the recreation needs of the community. Before improvements to these facilities can begin, an agreement for the joint use and funding for the planned improvements and maintenance/operations costs are necessary for each site. There are six sites identified in the Parks Master Plan that, if improved, could provide immediate benefits to Diamond Bar residents. They include Diamond Bar High School, Chaparral Middle School, Lorbeer Middle School, South Pointe Middle School, Walnut Elementary School and Diamond Ranch High School. It is recommended that the City Council direct staff to release a R.F.P. to secure a consultant to serve as a negotiator for the City and both school districts. 5. Continue Park A.D.A..Retro-fit Projects Utilizing C.D.B.G. Funds: The City of Diamond Bar receives approximately $370,762 in C.D.B.G. funds per year, of which $296,610 is available for Capital Improvement Projects (C.I.P.). It is recommended that the City Council continue to utilize this funding source for Park A.D.A. Retro -fit projects. 2 6. Utilize L.L.M.D. #39 Funds to Improve Five Mini Parks: Funds Totalling $165,360 are collected each year for L.L.M.D. #39. Annual district maintenance costs total about $160,000, leaving only a $5000 balance for Capital Improvement Projects. There are projected reserves of $40,000 for the 1997/98 fiscal year. An inflation rate of only 2% per year will consume the $5,000 balance within two years, and the $40,000 in reserves within seven years. Therefore, it will be necessary to conduct a Proposition 218 election to increase the annual assessment for L.L.M.D. #39 within the next 5 to 7 years. It is recommended that the City Council direct staff to plan to conduct a Proposition 218 election for L.L.M.D. #39 in the near future. 7. Trails Master Plan: It is recommended that immediately upon adoption of the Parks Master Plan, that the City Council direct staff to solicit proposals for a consultant to complete a Trails Master Plan for the City of Diamond Bar. It is estimated that a Trails Master Plan will cost about $50,000 and should be funded from the general fund. The Trails Master Plan will serve to identify existing easements and new opportunities for possible trails, establish trail design standards and formulate a trail implementation program. The Parks Master Plan estimated that the cost to acquire land and to construct trail improvements will be approximately $1,399,000. Possible funding sources for the construction of trail improvements will be identified in the Trails Master Plan. 8. Community Center: The community center has been identified by the Parks Master Plan sub -committee as the number one priority park improvement project. Because of its cost, $3.5 million to acquire the land and $4 million to construct, the community center is considered a mid to long term C.I.P. project. Primary funding sources are Redevelopment Funds, C.D.B.G., Developer Agreements, future proposition "A" grant opportunities, corporate sponsorships, and other solicitations of corporation and foundation grants and donations. It is recommended that the City Council direct staff to complete a conceptual site plan for a community center. 9. Sports Park: The sports park has been identified by the Parks Master Plan sub -committee 3 as the number three priority park improvement project. Cost for this project is estimated at about $4 million for land acquisition and $3 million for development. The WN.U.S.D. owns property at the corner of Brea Canyon Road and Diamond Bar Blvd., known as site D, that has been identified as a potential location for the sports park. Negotiations with the School District will be necessary to determine the availability of the land and its price. Another possible location is the undeveloped portion of the Lanterman Develpmental Center property adjacent to the Diamond Bar Little League Park. Possible funding sources for this project are Redevelopment Funds, Developer Agreements, future grant opportunities and solicitation of corporations and foundations for grants and donations. It is recommended that the City Council award a contract to a City/School District negoitator to begin negotiations for Site „D„ 10. Pantera Park Ball field Lighting: The lighting of the Ball field at Pantera Park is the number six priority of the Parks Master Plan subcommittee. Total cost is estimated between $150,000 to $300,000 for design and construction, depending on the type of footing required for the lightpoles. Possible funding sources include donations from user groups, Quimby Fees and proceeds from the sale of the surplus water district property. There are projected reserves in the 1997/98 fiscal year budget for Quimby Fees totalling $184,700. Also, Diamond Bar American Youth Soccer Organization (A.Y.S.O.) has offered $100,000 toward the installation of Ball field lights in Pantera Park. It is recommended that the City Council direct staff to include construction of ballfield lights at Pantera Park in the 1998/99 Fiscal Year C.I.P. budget request. 1.1. Sunset Crossing Park/Skate Park: The park portion of this project is the 13th priority of the Parks Master Plan sub -committee, and the Skate Park is the 15th priority. A conceptual design of Sunset Crossing Park includes skate park amenities. Estimated cost is $443,000 (for park improvements) to $877,000 (for park improvements and Skate Park amenities). Possible funding sources include Redevelopment Funds, future grant opportunities, concessions, developer agreement, corporate sponsorships, solicitation of corporation and foundation grants and donations, and use of the proceeds from the sale of surplus water district property. 4 It is recommended that the City Council direct staff to begin the Conditional Use Permit process to establish a park at the west end of Sunset Crossing. 12. Swimming Pool Complex: This improvement is the 16th priority of the Parks Master Plan sub -committee. It is not recommended by the Parks Master Plan that the City attempt to construct and operate a swimming facility on its own. The Parks Master Plan recommends that the City and School districts negotiate the use of school district property for the location of a swimming pool complex. One possible scenario is to work with both school districts to construct a swimming pool complex in conjunction with a sports park at the site D location I i I , M I 1 N i i 11 sr eras csu .0" osq �� ��C11'�� COV�,jj,n 9 )i 2MIWWIUS b001 czoujbl6x lu coulnucG!ou iv W s 2t3oLF2 bsL1< 9t WE _ 2!i6 p las�!ou 0� 9 2MIWWIU� b00I COUlbI6�' 0'�� 00221PIG 2CGUJL10 12 10 Mo Lr MIEN pOtp 2cpool g12tLI(42 to ,psi tN6 C!t), suq 2cpool q awQ? u6&oi!sis 1p6 nes of Zcpool tllztl,icf bLobsLV toL fN6 locsi!ou COU2tLnct 9uq ob6L916 5 2M!WW!Up t9C'10 OU 1f2 OMU• 1p6 b9LK2 W92f6L 619U LGC0WWGUg2 enp-coWW11466' 11 12 UOf L(3COWW6ugGq p% tp6 691jc2 yy92� 1 blsu ipgi �p6 CRA 9tJ6Wbj j0 • .o • �a�ccl I Jul I sub -committee. It is not recommended by the Parks Master Plan that the City attempt to construct and operate a swimming facility on its own. The Parks Master Plan recommends that the City and School districts negotiate the use of school district property for the location of a swimming pool complex. One possible scenario is to work with both school districts to construct a swimming pool complex in conjunction with a sports park at the site D location at Brea Canyon Road and Diamond Blvd., and to jointly operate it. Estimated construction costs for a swimming complex is $1.5 million. Possible funding sources include Redevelopment Funds, future grant opportunities, concessions, developer agreement, corporate sponsorships, solicitation of corporation and foundation grants and donations and C.D.B.G. funds. It is recommended that the City Council direct staff to conduct a feasibility study for the inclusion of a swimming pool complex at the Site D location, if and when that site becomes available to the City. 13. Additional Tennis Courts: The Parks Master Plan has identified the need for additional tennis courts for the north portion of -the city. The Parks Master Plan subcommittee has rnnL-d ♦L :_ __ .t_ - . residents will approve the establishment of a City -Wide Benefit Assessment District for the design, construction, maintenance, and operation of recreation related facility improvements. The best chance for passage of a Benefit Assesment District is to create an attractive package of amenities that are to be specifically funded with these funds. For example, listing a Community Center, Sports Park with aquatics center (along with acquisition of a site for construction), New Library Facility and Civic Center would garner a lot of attention. Possibly Redevelopment Funds could be used for the initial design and construction, with Benefit Assesment District funds being used for operations and maintenance, after the facilities are constructed. A provision in the formation of the District should be included that also allows for the use of district funds to design, construct, maintain and operate other facility improvements described in the adopted Parks Master Plan. An assessment of $2.50 per month ($30 per year) would generate approximately $500,000 per year. An assessment of $5.00 per month ($60 per year) would generate $1,000,000 per year. Forming such a District would be an uphill battle, because as stated in the analysis of the telephone survey for the Parks Master Plan, 46% of Diamond Bar residents are not willing to spend even $2.00 per month ($24 per year) for a Benefit Assessment District. It is recommended that the City Council direct staff to release a R.F.P. to solicit a consultant to assist the City with conducting a Proposition 218 election. 15. Plan for Methods to Recover Maintenance and Operation Costs: As new facilities and improvements are constructed, operations and maintenance costs will continue to increase annually. The cost for maintaining/operating the nine (9) City parks and Heritage Park Community Center in the 1997/98 Fiscal Year budget totals $388,605. The following chart shows how this amount will increase each year as the 13 year C.I.P. Plan, which is described in the next section, is implemented. Possible funding sources and other methods to off set the increasing maintenance and operations costs include: Benefit Assessment District, other voter approved funding mechanism, user fees, corporate sponsorships, adopt -a -park program, use of volunteer labor, concession contracts, and enter into joint use agreements that share the maintenance and operation (M/O) costs for facilities. User fees were identified in the residents' survey as the most supportable method the City can utilize for recovering 2 maintenance and operations cost (which includes energy costs for facility lighting). Following is a possible scenerio for establishing new user fees to fund Maintenance/Operating and Lighting costs. It is recommended that the City Council direct staff to recommend new user fees in the 1998/99 Fiscal Year budget, per the following guidelines: Proposed User Fees Annual Potential Revenue 1 • Establish Rental Fee for Reserved Use of Picnic Shelters $13,650 546 Reservations per year Q$25 per reservation (5 shelters) $2,730 per picnic shelter per year 2. Charge for Reserved Use of Ballfield Lights $31,200 $10,400 per year per lighted field 0$8 per hour (3 fields) 3. Charge for Reserved Use of Lighted Tennis Courts $57,120 11,424 reservations per year ®$5.00 per 45 minutes $7,140 per court/year (8 courts) 4• Charge for Reserved Use of Basketball Courts $31,000 $7,750 per year per court @$7.50/hr (4 courts) TOTAL REVENUE (per year) $132,970 16. Adopt a multi-year C.I.P. Program that is updated on an annual basis during the budget process that identifies the priority of project development, and lists all possible funding sources available to complete the projects. Attached is a proposed 13 year C.I.P. Program that starts with the coming 1998/99 fiscal year and concludes with the 2010/11 fiscal year. In order to construct all the recommended projects during the time frame described in the proposed 13 year C.I.P. Program, the following funding sources -will be required during the fiscal year indicated. It is recommended that the City Council direct staff to develop a multi- year C.I.P. plan during the 1998/99 F. Y. budget process, utilizing the proposed 13 year C.I.P. Program as a guideline. 7 1-L � Y� Project C'o t _-�� mm ry of Prnnnc n r I F �� �� Year ['IP a P ��gram 1998/99 $1,035,050 $200,000 $297,000 QuimbyP-tk- . 1999/00 $706,000 $150,000 $240,000 $97,500 $417,250 2000/01 $4,740,000 $160,000 $280,000 $105,000 $211,000 2001/02 $4,630,000 $100,000 $290,000 $100,000 $200,000 2002/03 $465,000 $161,000 $104,000 $100,000 $140,000 2003/04 $444,380 $200,000 $219,380 $100,000 $100,000 2004/05 $3,320,000 $100,000 $220 000 $15,000 $p 2005/06 $511,700 $120,000 � $250,000 $0 $100,000 $0 2006/07 $805,000 $375,000 $195,000 $0 $p 2007/08 $1,297,000$175,000 $300,000 $p 2008/09 $450,000$100,000 $240,000 $210,000 $0 2009/10 $500,000 $300,000 $0 $p $0 2010/11$0 $1,500,000 $0 $100,000 $0 $0 $0 Total $20,404,130 $2,406,000 $2,305,380 $617,500 Cost PerYear $1,569,548 $185,077 Average $177,337 $47,500 0 LLMp� $23,300 $0 $0 $0 $0 $10,000 $0 $41,700 $0 $0 $0 $0 $0 $1,443,250 $75,000 $111;019 $5,769 lad�, $0 $0 $4,000,OC $4,000;00 $0 $0 $ 3,000, uu, $0 $60,000 $897,000 $0 $100,000 $1,500,0nn $13,557,OOC $1,042,846 i0 O O �j0 O O Fi$ o •0 CV) N cn QN N N O O IO O mIc O Ir- N H 8 0 0 0 0 C4 0 og 88 o 8 o 0 0 0 0 0 � 0 c Q m Cl( O O 018 O In O h tf! 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N 13 C t 7 O V 2 o S $ 0 E o 0 N V► O O pN $ C OO O O $ O � � N N N O O O 0 O Fri N N h 13 C t 7 O V 2 c o oa 0 E o 0 N 13 o 0 0 0 a UI 0 0 0 0 y O O O O FSI V c0 H y N X C 49 6.80 o� E �y� vA� y d O m Y � ` O o o � N a c a°M U CL m y too CO Uy N 0 0 0 C vi co y O O O O 0 enH O O O O Q1 N y 0 r _m E M 0 o ao �Eo oQ0 g$ UI g � o N M O O O 8 Q O C O M N O tr�yy M o$opOp3 QQp KN�O � 1H h H N J .o a` c m c � y > > � ao �Eo m > m c a� E pE U 01 f� C H C m E 0 F- 0 BYLAWS OF THE DIAMOND BAR COMMUNITY FOUNDATION ARTICLE I - NAME AND ADDRESS Section 1. The name of this corporation shall be the Diamond Bar Community Foundation, hereinafter referred to as the "Foundation". Section 2. The address of the principal executive office of the Foundation shall be located at Diamond Bar City Hall or at such place as the Board of Directors hereafter may designate. ARTICLE H - PURPOSE AND LIMITATIONS Section 1. The purpose of the Foundation is to establish a permanent endowment fund to lessen the burden of government by assisting the government of the City of Diamond Bar in the acquisition and development (including maintenance and operation of said facilities) following the direction of, but not limited to, the Parks Master Plan of 1998 and amendments to the Parks Master Plan in the future. Section 2. The Foundation is organized exclusively for the benefit of carrying out the purposes of the City, within the meaning of Section 509(a)(3)(A) of the Internal Revenue Code of 1954, as amended, the Regulation thereunder, and the corresponding provision of any applicable future United States Internal Revenue Law and Regulations hereinafter collectively referred to as the "Code". Section 3. In carrying out such purpose, the Foundation shall not, in any manner, be utilized to discharge the obligation of the City. The support and promotion of cultural, recreational and human services afforded by this Foundation is in addition to, and supplementary to, any budgeting program sponsored by the City, and the use of this Foundation in routine operations (other than those established by the Foundation) shall be a violation of the purposes herein expressed. ARTICLE IH - MEETINGS Section 1. All meetings, regular and special shall be notified, posted and conducted in every way consistent with the requirements set forth in the Brown Act. All meetings of the Board shall be open and Public and all persons shall be permitted to attend any meeting of the Board, provided, however, that the Board may hold closed sessions during any meeting to consider those matters that may lawfully be considered in such sessions under Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code, commencing with Section 54950. Section 2. The Board of Directors of the Foundation shall hold an annual meeting in the month of March at such time and place as designated by the Board. Section 3. Adoption of a budget for the upcoming fiscal year shall occur at the annual meeting. Section 4. Special meetings may be called at any time by a majority of the Board. Written notice, stating the time and place of any special meeting and its purpose shall be received by each member of the Board at least seven days before such meeting. Section 5. A majority of the Board constitutes a quorum for the transaction of business at every meeting. Every act or decision done or made by a majority of the Directors present at a meeting at which a quorum is present shall be regarded as the act of the Board of Directors. ARTICLE Iv - MEMBERSHIP AND SHARES Section 1. The corporation shall have no membership. Section 2. The corporation shall not have or issue shares of stock and shall declare no dividends. Section 3. No part of the Foundation shall inure to the benefit of any private individual, and no part of the direct or indirect activities of this Foundation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, or of participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstanding any other provision hereof, this Foundation shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization exempt under 501( c)(3) of the Code or by an organization to which contributions are deductible under Section 170( c)(2) of such Code. ARTICLE V - BOARD OF DIRECTORS Section 1. The total number constituting the Board of Directors shall be eleven (11). Section 2. One (1) member of the Board of Directors shall be a member of the City Council at the appointment of the mayor for a one year term. Section 3. One (1) member of the Board of Directors shall be a representative of the Parks and Recreation Commission of the City of Diamond Bar, (to be elected by the Commission annually). Section 4. Five (5) members of the Board of Directors shall be filled by residents of the City of Diamond Bar appointed by the City Council. (The Parks and Recreation Commission shall present a list of recommendations to the City Council in January for consideration.) Four (4) members of the Board of Directors shall be filled by residents of the City of Diamond Bar as representatives of local Community organizations; i.e. Chamber of Commerce (1), senior groups (1), youth organizations (1), and service organizations (1). These members -at -large are to be appointed by the Board of Directors on a rotating basis from within each of the four groups. No one of these members may be appointed with less than three votes from the Board of Directors. No two or more persons from the same household shall be appointed to the Board of Directors to serve at the same time. Section 5. The terms shall be two years for City Council appointees to be limited to two (2) consecutive terms. The terms for the four (4) at -large appointees shall be two year terms limited by two (2) consecutive terms. A one year period must occur before reappointment from either Council or Community organizations. (An at - large appointee cannot become a Council appointee without an intervening year and vice -versa.) All vacancies occurring because of the expiration of terms or for other reasons will be filled by the appointing body. Section 6. Terms of office for the members of the first board appointed shall be concurrent with Council terms of office for Council appointees. The four at -large appointees shall serve two (2) two year terms and two (2) one year terms. These terms shall be determined by random draw. Section 7. Any Director of the Foundation may be removed at any time by the vote of five (5) Directors, subject to the approval by a three/fifth vote of the City Council. This Section is not subject to amendment, change or alteration in any of its clauses or provisions without the consent of the Diamond Bar City Council. Section 8. All terms as prescribed in this article shall commence with the organizational meeting of the Board of Directors and shall expire at the date of the annual meeting in March. Section 9. Any change in the number and qualifications of members of the Board of Directors shall be made only by amendment to these Bylaws. ARTICLE VI - OFFICERS Section 1. The Board shall elect a Chairperson, Vice -Chairperson and a Secretary/Treasurer at the annual meeting. Their terms of office are one (1) year. Section 2. The Chairperson shall preside at all meetings of the Board and shall have such other powers and duties as may be prescribed from time to time by the Board of Directors. The Chairperson shall have a vote on all matters. Section 3. The Chairperson, with assistance from the Community Services Director of the City of Diamond Bar and the Investment Trustee, shall present a budget for approval of the Board at the annual meeting. Section 4. Disbursement of money in excess of $500 shall require the signature of both the Chairperson and the Secretary/Treasurer. Section 5. Vice -Chairperson - in the absence or disability of the Chairperson, the Vice -Chairperson shall perform all the duties of the Chairperson. The Vice -Chairperson shall have such other powers and shall perform such other duties as may be prescribed from time to time by the Board of Directors.. Section 6. Secretary/Treasurer - shall assist the Chairperson in the preparation of the agenda for the meetings, shall keep a full and complete record of the proceedings of all meetings of the Board of Directors and shall keep the seal of this corporation and affix the same to such papers and instruments as may be required in the regular course of business, shall provide such notices as may be necessary and proper, shall supervise the keeping of the books of this corporation and shall discharge such other duties as pertain to the office or as prescribed by the Board of Directors. The Secretary/Treasurer shall be the chief financial officer of this corporation and, if so required by the Board of Directors, shall give a bond for the faithful discharge of his or her duties in such sum and with such surety as the Board of Directors shall deem appropriate. The Secretary/Treasmr shall submit an annual report to the Board on the first meeting in October of each year. In case of the absence or disability of the Secretary/Treasurer, or his or her refusal or neglect to act, such notices may be provided by the chairperson, or by the vice -chairperson or by any person thereunto authorized by the chairperson or by the vice -chairperson, or by the Board of Directors. ARTICLE VII - POWERS Section 1. The decisions and acts of a majority of the members of the Board of Directors, qualified and serving, shall constitute an exercise of the Foundation powers and discretion conferred upon the Board of Directors and the decisions and acts of such majority shall constitute and be taken as the decisions and acts of the entire Board of Directors. This corporation shall defend any director who is a party to or is threatened to be made a party to any proceeding, other than by or in the right of the corporation, by reason of the fact that such Director is or was an agent of this corporation, and will indemnify any such director against expenses, judgments, fines, settlements and any other amounts actually and reasonably incurred in connection with such proceeding if such Director acted in good faith and in a manner such Director reasonably believed to be in the best interest of this corporation and, in the case of criminal proceeding, if such Director had not reasonable cause to believe the conduct was unlawful. Section 2. The Board of Directors may not adopt rules which are inconsistent with the terms of this Foundation. Section 3. A simple majority of the Board may amend the Bylaws at any meeting. However, no such amendment or modification shall alter the intention that this Foundation be operated exclusively to implement the adopted Parks Master Plan, or for cultural, recreational and human service purposes and in a manner which shall make this Foundation tax exempt and the donations to it deductible from taxable income to the extent allowed by the provisions of the Code and other applicable legislation and regulations as they now exist or as they may be amended in the future. Every amendment or modification of these Bylaws shall be in writing, shall be signed by a majority of the Board of Directors then serving and shall be delivered to each of the members of the Board then in office and to the Investment Trustee then in office. ARTICLE VIII - COMPENSATION AND EXPENSES Section 1. The Board of Directors shall serve without compensation. Section 2. No member of the Board of Directors shall be financially interested in any contract or other transaction entered into by the Board of Directors, and any contract or transaction entered into in violation of this is void. No Director may utilize information obtained by reason of Board membership for personal gain; the Board of Directors may recover any such gain realized. ARTICLE IX - INVESTMENT TRUSTEE Section 1. The Finance Officer of the City of Diamond Bar shall serve as the Investment Trustee for the Foundation. He/She shall have the powers and authority set out in Section 2. Section 2. The powers of the Investment Trustee shall be limited to investment of the Foundation property and shall have the following discretionary powers: (a) To hold the principal and all money or property given to the Trustee to invest and re -invest, unless the deed or legacy of a particular gift or gifts specifically authorized or requires its (b) retention and/or use for a specific purpose. To invest and re -invest the principal and undistributed income of the Foundation funds on deposit with the Trustee in such property, real, personal or mixed and in such a manner as it shall deem proper for the growth of capital and the production of income, and from time to time change investments as he/she shall deem advisable; to invest in or retain any stocks, share, bonds, notes, obligations or personal or real property bonds, notes, obligations, or personal or meal property (including, without limitation, any interest in or obligations of any corporations, association, business trust, investment trust, common trust fund or investment company) although some or all of the property so acquired or retained is of a kind or size which, but for this express authority, would not be considered proper and although all of the Foundation funds are invested in one company. No principal or income shall be loaned, of the Board or to anyone else, directly or indirectly, to the Investment Trustee or any member corporate or otherwise, who has at any time made a contribution to this Foundation, nor anyone except on the basis of a minimum of the current market interest rate and with adequate (c) security. To sell, lease, or exchange any personal, mixed or real property at public auction or by private contact. for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relating to the Foundation property, as it considers advisable, whether or not such leases or contracts may extend beyond the duration of the (d) Foundation. To borrow money for such periods, at such rates of interest, and upon such terms as it security for such loans to mortgage or pledge any real or personal considers advisable, and as property with or without power of sale; to acquire or hold any real or personal property, subject to any mortgage or hold any real personal property, subject to any mortgage or pledge on or of property acquired or held by this Foundation. (e) To execute and deliver deeds, assignments, transfers, mortgages, pledges, leases, covenants, contracts, promissory notes, releases, and other instruments, sealed or unsealed, incident to (f) any transaction in which it engages. To vote, to give proxies, to participate in the reorganization, merger or consolidation of any concern or in the reorganization, merger or consolidation of any concern or in the sale , lease, disposition, or distribution of its asset; to join with other security holders in acting through a committee, depository, voting trustees, or otherwise and in this connection to delegate authority to such committee, depository, trustees and to deposit securities with them or transfer securities to them; to pay assessments levied on securities or to exercise subscription rights in respect of securities. (g) To hold Foundation property without indication of fiduciary capacity but only in the name of a registered nominee, provided the Foundation property is at all times identified as such on the books of the Foundation Fund; to keep any and all of the Foundation property or funds in any place or places in the United States of America. ARTICLE X - ACCOUNTING Section 1. The Investment Trustee shall render an accounting of the investment transaction concerning the Foundation to the Board of Directors at least annually. No person or entity other than the Board of Directors may require an accounting or bring any action against the Investment Trustee with respect to the Foundation. The Investment Trustee may at any time initiate legal action or proceedings for the settlement of its accounts and, except as otherwise required by law, the only necessary party defendant to such action or proceedings shall be the Board of Directors. Section 2. The fiscal year of the Foundation shall be from July 1 through June 30. Section 3. The Board of Directors shall make a report annually of its uses of the Foundation and shall distribute copies to all members at the regular annual meeting held in March. ARTICLE XI - LIABILITY OF TRUSTEESIDIRECTORS Section 1. No Investment trustee or member of the Board of Directors shall be answerable for loss in investment made in good faith. No Investment Trustee or Member of the Board of Directors shall be liable for the act of omissions of any other member of the Board, or of any accountant, agent, counsel or custodial selected with reasonable care. Each Investment Trustee or member of the Board shall be fully protected in acting upon any instrument, certificate or paper, believed by him/her to be genuine and to be signed or presented by the proper person or persons and no Investment Trustee or member of the Board shall be under any duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as conclusive evidence of the truth and accuracy of the statement therein contained. Section 2. The Board of Directors may receive donations from the Donors or from any source in cash or in other property acceptable to them. All donations so received shall be deposited with an Investment Trustee by the Board of Directors and thereafter held, managed, administered and disposed of by the Investment Trustee and the Board of Directors pursuant to the terms of the Agreement. The Board of Directors may accept donations which restrict their uses and purposes, provided such restrictions are within the uses and purposes set forth in Article II, and which limit the time, manner amount, or other terms of distribution, but, unless otherwise specifically required, the Board of Directors may mingle such restricted donations with other assets of the foundation. ARTICLE XII - FOUNDATION Section 1. The Board of Directors may receive donations from the Donors or from any other source in cash or in other property acceptable to them. All donations so received shall be deposited with an Investment Trustee by the Board of Directors and thereafter held, managed, administered and disposed of by the Investment Trustee and the Board of Directors pursuant to the terms of the Agreement. The Board of Directors may accept donations which restrict their uses and purposes, provided such restrictions are within the uses and purposes set forth in Article II, and which limit the time, manner, amount, or other terms of distribution, but, unless otherwise specifically required, the Board of Directors may mingle such restricted donations with other assets of the Foundation. ARTICLE XIII - USE OF THE FOUNDATION Section 1. The Board of Directors shall have the power to apply the Foundation for the purposes set forth in Article II. In furtherance thereof, the Board of Directors shall have the power and authority and is directed to distribute the distributable income of the Foundation as they may determine, to the uses and purposes set forth in Article II. Section 2 Unless the restricted donation provides otherwise, as used in Section I, "distributable income" means the total holdings of the Foundation, principle and interest, less 52,500 which will serve as the minimum holding of the Foundation. ARTICLE XIV - TERM OF FOUNDATION Section 1. The Foundation shall continue in perpetuity; it may, however, at any time be concluded and the assets distributed with the assent of two-thirds of the Board of Directors and the City Council. Upon any such conclusion, the assets of this Foundation shall be distributed exclusively for such purpose or purposes, as are consistent with the stated purpose of the Foundation. ARTICLES OF INCORPORATION OF THE DIAMOND BAR COMMUNITY FOUNDATION The name of this corporation is: THE DIAMOND BAR COMMUNITY FOUNDATION 1[I This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for public and charitable purposes. This corporation shall never operate for the primary purpose of carrying on a trade or business for profit. III The public and charitable purposes for which this corporation is organized are to lessen the burdens of government to promote the implementation of the Parks Master Plan of 1998 of the City of Diamond Bar and support the cultural, recreational and human service needs of the City of Diamond Bar. ry This corporation is not organized, nor shall it be operated, for pecuniary gain or profit, and does not contemplated the distribution of gains, profits or dividends to its members or to any private shareholder or individual. The property, assets, profits and net income of this corporation are irrevocably dedicated to the public and charitable purposes set forth in Article III, and no part of the profits or net income of this corporation shall ever inure to the benefit of any private shareholder or individual except that this provision shall not be construed so as to prevent the payment of directors, officers or employees of reasonable compensation for services actually rendered to this corporation. V No substantial part of the activities of this corporation shall consist of the carrying on of propaganda or otherwise attempting to influence legislation, nor shall this corporation participate or intervene in any political campaign (including publishing or distribution of statements) on behalf of any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501( c)(3) of the Internal Revenue Code of 1954 ( or the corresponding provision of any future United States Internal Revenue law) or (b) by a corporation, contributions to which are deductible under section 170 (c )(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue law). VI The name of the initial agent of this corporation for service of process is: The number of directors, the manner in which they shall be chosen and removed from office, their qualifications, powers, duties, compensation and tenure of office, the manner of filling vacancies on the Board, and the manner of calling and holding meetings of directors, shall be as stated in the Bylaws. VIQ (1) This corporation shall have no members other than the persons constituting its Board of Directors. The persons constituting its Board of Directors shall, for the purpose of any statutory provision or rule of law relating to nonprofit corporations otherwise, be taken to be the members of such corporation and exercise all the rights and powers of members thereof. (2) The Board of Directors shall have the power: (b) to modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified organizations, if in their sole judgment (without the approval of any trustee, custodian or agent), such restriction or condition becomes unnecessary, incapable of fulfillment or inconsistent with the charitable needs of the City of Diamond Bar: (c) to replace any participating trustee, custodian or agent for breach of fiduciary duty under the laws of the State of California; and (d) to replace any participating trustee, custodian or agent for failure to produce a reasonable (as determined by the Board of Directors) return of net income (or appreciation when not inconsistent with this communities trust's need for current income) with due regard to safety of principal, over a reasonable period of time (as determined by the Board of Directors). (3) In determining whether there is a reasonable return of net income with respect to the exercise of the power described in subparagraph ( c) of paragraph (2) of this article, (a) there shall be excluded from such determination such assets as are held for the active conduct of this community trust's exempt activities, and (b) such determination shall be made separately with respect to the restricted fund and shall be made in the aggregate with respect to the unrestricted funds of this community trust. XII The Articles of Incorporation of this corporation shall not be amended without the vote of a majority of the total voting membership of the Board of Directors. IN WITNESS WHEREOF, for the purpose of forming this nonprofit corporation under the laws of the State of California, I, the undersigned, constitute eenstitufien the incorporator of this corporation, have executed these Articles of Incorporation this day of __, 1998. incorporator SPECIAL MEETING NOTICE NOTICE IS HEREBY GIVEN that the Diamond Bar City Council will hold a special meeting to conduct a Closed Session on Tuesday, October 6, 1998 at 5:45 p.m. for the purpose of: a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.8 - Property: 21700 Gateway Center Dr. (Lot 2, Tract No. 39679) Negotiating Parties: City of Diamond Bar and A.E.W/Tooley & Company SAID MEETING will be held in Room CC -8 of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, California. FURTHER INFORMATION may be obtained at the Office of the City Clerk or by calling (909) 860-2489. DATED: October 5, 1998 /s/ Lynda Burgess, City Clerk 7. COMPENSAMON Charles Abbott Associates, Inc.'s fees are tied directly to the staffing commitments necessary to complete the workload associE ted with the services rendered. Actual staffing levels are increased or deci eased based on the actual workload or specific staffing levels established by tLe City. Based on the information you have provided in the RFP and our underst - f the scope of services, we propose the fcollowing fees through June,30.1999: Plan Check • 75% of the City's fee schedule unless otherwise negotiated_ Inspections 75% of the City's fee schedule unless otherwise negotiated. Hourly Rates, As Amended from Exhibit A. Principal $ 144 Plan Checker $ 85 Associate Plan Checker $ 70 Senior Inspector $ 65 Inspector $ 55 All Other Activities, Extra Work or Other Services • Based on the hourly rates shown in Exhibit W or as otherwise negotiated. All fees and rates are subject to negotiation based on the -Inal scope of services agreed to with the City if selected. M 'J-.. ..:Llpm Om .. . - ... ... EXHIBIT "A" CHARLES ABBOTT ASSOCIATES, INC. HOURLY RATE SCHEDULE THROUGH TUNE 30, 1999 CLASSIFICATION Senior Principal Consultant Senior Principal Engineer Principal Engineer City Engineer Project Supervisor Project Manager Structural Engineer Sr. Registered Engineer Engineering Associate Senior Geologist Engineering Assistant Senior Design Engineer Design Engineer Senior Traffic Engineer/Manager Traffic Engineer Associate Transportation Planner Sr. Draftsperson (CADD) Draftsperson (CADD) Senior Construction Observer Construction Observer Landscape Director Associate Landscape Architect Landscape Associate HOURLY RATES 151.00 145.00 118.00 102.00 98.00 90.00 87.00 90.00 70.00 125.00 60.00 76.00 67.00 125.00 72.00 82.00 68.00 58.00 70.00 60.00 93.00 68.00 58.00 CLASSIFICATIOIt Building Official, Certified Sr. Plan Check Engineer Building Plan Check Engineer Sr. Building Plan Ch=cker Building Plan Check!r Senior Building Inspector Building InspectorA:hecker Permit Specialist 2 -person Survey Crew 3 -person Survey Cre•N Administrative Assistant Word Processor Clerical Computer Principal Planner Senior Planner Associate Planner Planning Technician Senior Contract Administrator Rates shown above include all overhead and related costs exceppt for direct expenses for reproduction, printing and report costs that may b=_ incurred, which are billed at cost plus 106. HOURLY RAZES 75.00 75.00 76.00 68.00 58.00 68.00 58.00 35.00 12.6.00 159.00 49.00 38.00 37.00 35.00 93.00 81.00 70.00 48.00 85.00 n official proclamation places the power of state and local govern- ment behind crime prevention. As both symbol and sub- stance, the proclama- tion ceremony pre- sents an excellent opportunity for a media event. ■ Ask a top official (e.g., governor, mayor, city manager, council presi- dent) who has championed preven- tion as an important investment for current and future crime control to issue the proclamation. ■ Schedule a press conference or photo opportunity for the last week in Sep- tember to proclaim October as Crime Prevention Month. Arrange for an appearance by McGruff the Crime Dog ■ Contact the news media and emphasize how helpful your infor- mation is to families and neighbor- hoods as well as their responsibility to report good news about crime prevention as well as the bad news about violence. Share information about effective crime prevention practices. Work with the media on ways to honor people and pro- grams that have made outstanding contributions to community safety. ■ Use this sample proclamation as a model, but adapt it to reflect your state's or community's concerns. A Proclamation for Crime Prevention Month 1998 Whereas, the vitality of our (city/state) depends on how safe we keep our homes, neighborhoods, schools, workplaces, and communities because crime and fear of crime diminish the quality of life for all; Whereas, crime and fear of crime destroy our trust in others and in institu- tions, threatening the community's health and prosperity; Whereas, people of all ages must be made aware of what they can do to prevent themselves, their families, neighbors, and co-workers from being harmed by violence, drugs, and other crime; Whereas, the personal injury, financial loss, and community deterioration resulting from crime are intolerable and require investment from the whole community; Whereas, crime prevention initiatives must include and go beyond self-pro- tection and security to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive educational and recreational oppor- tunities for young people; Whereas, adults must invest time, resources, and policy support in effective prevention and intervention strategies for youth, and teens must be engaged in driving crime from their communities; Whereas, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses, and individuals as they help to nurture com- munal responsibility and instill pride; !how, Therefore, I (name of leader), (title), do hereby proclaim October 1998 as Crime Prevention Month in (name of area) and urge all citizens, govern- ment agencies, public and private institutions, and businesses to invest in the power of prevention and work together for the common good. MINUTES OF THE CITY COUNCIL 44P REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 15, 1998 CLOSED SESSION: M/Herrera called the Closed Session to order at 5:40 p.m. in Room CC -9, South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (California Government Code, Subdivision (a) of Section 54956.9) relating to the matter of Barbara Beach Courschene, et al vs. Diamond Bar Redevelopment Agency, Case No. BC175655. b) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (California Government Code Section 59456.9(b). ADJOURNMENT: 6:30 p.m. 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:35 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. CA/Jenkins announced that the Closed Session was held and that no reportable actions were taken. PLEDGE OF ALLEGIANCE: Dexter MacBride, Chairman of the Board of Trustees, Mount San Antonio College. INVOCATION: Dexter MacBride ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. APPROVED AGENDA: As presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed September 14 - 20, 1998 as "San Gabriel Valley Week." 3.2 Dr. Patricia Rasmussen Mount San Antonio College presented a "Report to Our Communities." 4. PUBLIC COMMENTS: Norman Bell, 405 Camaritas Dr., President of the D.B. Senior Citizens Club, stated that the group's membership is 177 and weekly SEPTEMBER 15, 1998 PAGE 2 CITY COUNCIL attendance ranges from 90 to 100. He spoke about the inadequacy of the Heritage Park Community Center and the need for a larger center. He asked that until a new facility is available, the City consider enlarging the current facility or finding a temporary facility. Charles Doskow, Attorney representing Mr. Dolezal, asked that Consent Calendar Item No. 6.7 be removed from the Consent Calendar and discussed as a separate matter. He believed the matter of the old oak tree on the property which may have been misplotted is misrepresented in the resolution. He stated that Mr. Dolezal has legal access to use the street that abuts a public street and believed that the language in the resolution is inaccurate. In addition, the resolution states that there was no delay in the processing of this Map. However, the processing of this Map was held up 2 years because of the lawsuit. Had it not been for the lawsuit, Mr. Dolezal would not need an extension of time. The Conditions of Approval required Mr. Dolezal to ask for annexation to The Country Estates. It recognized that you could not require that because you cannot require a condition that Mr. Dolezal cannot fulfill. Mr. Dolezal has applied for annexation and a meeting is scheduled. There is no reason to believe that Mr. Dolezal will not obtain annexation to "The Country Estates." Further, the resolution refers to a list of conditions that allegedly have not been met. Most of those conditions have nothing to do with the application for extension. They are matters that will have to be taken care of to get the final Map approved. The reason for requesting an extension is to get the time to fulfill those conditions. We asked that you review this resolution with care and suggest that fairness and the law require that this Map be extended for a year in order to give the Map, which has been approved by Council, a chance to become final. Allen Wilson asked Council to further investigate Consent Calendar Item No. 6.5 before making a decision on this matter. He asked if State and L.A. County employees are required to participate in the CalPers and LACERA programs. CM/Belanger responded that participation in those types of programs are decisions that are made by individual cities. D.B. participates in the California Public Employees Retirement System by contract. Once under contract, all employees who qualify are required to become members of the Public Employees Retirement System. Other local governments either have private systems or participate in the Public Employees Retirement System. SEPTEMBER 15, 1998 PAGE 3 CITY COUNCIL September 20, 1998 - 5:30 p.m., Diamond Bar Golf Course, 22801 Golden Springs Rd. 5.3 PLANNING COMMISSION - September 22, 1998 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 PARKS & RECREATION COMMISSION - September 24, 1998 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - October 6, 1998 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.6 TRAFFIC & TRANSPORTATION COMMISSION - October 8, 1998 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by MPT/Chang, seconded by C/Huff, to approve the Consent Calendar, with the exception of Consent Calendar Items No. 6.5 and 6.7. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Study Session of September 1, 1998 -As submitted. 6.1.2 Regular Meeting of September 1, 1998 - As submitted. 6.2 APPROVED VOUCHER REGISTER - dated September 15, 1998 in the amount of $904,098.33 6.3 EXONERATED CASH DEPOSIT IN LIEU OF LANDSCAPING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) FOR 24168 HIGHCREST DRIVE (TR 31977, LOT 20) , DIAMOND BAR - in the amount Of $10,000 posted with the City on May 23, 1996 and directed the City Clerk to notify the owner and surety of this action. 6.4 APPROVED CONTRACT AMENDMENT WITH PURKISS ROSE, RSI, FOR PARKS MASTER PLAN - in the amount of $2,906.20, extended the contract date to August 31, 1998 and appropriated $2,906.02 from General Fund reserves for the cost of this amendment. 6.6 ADOPTED RESOLUTION NO. 98-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING PROPOSITION 9 - would dismantle California's new competitive electricity market, eliminate customer choice and competitive electricity rates. 6.8 ADOPTED RESOLUTION NO. 98-52: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING TERRENCE SEPTEMBER 15, 1998 PAGE 4 CITY COUNCIL L. BELANGER, CITY MANAGER; LINDA MAGNUSON, ASSISTANT FINANCE DIRECTOR; AND KELLEE FRITZAL, ASSISTANT TO THE CITYMANAGER TO SUBMIT AND FILE WITH THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES AS DESIGNATED AUTHORIZED AGENTS FOR AND ON BEHALF OF THE CITY OF DIAMOND BAR FOR OBTAINING FINANCIAL ASSISTANCE FOR EMERGENCY DECLARATIONS. NG 6.9 AWARDED CONTRACT FOR DESIGN OF BALLFIELD LIGHTS LORBEER MIDDLE SCHOOL - to David Evans T of $34,090, plus a &Associates in the amou 10% contingency of $3,400, resulting in a total not -tot exceed amount of $37,490. 6.10 APPROVED PAUL C. GROW PARK USE AGREEMENT -with t Valley Unified School District for Paul C. Grow Park usage. he Walnut 6.11 APPROVED ADJUSTMENT TO GTE TELEPHONE INSTA AGREEMENT FOR SUITES 100 AND 190 - in the amount of $22,633ION which is $2,633.20 more than the original budgeted amount of $20,000. 0 6.12 ADOPTED RESOLUTION NO. 98-53: RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTIN Y THE FIRST AMENDMENT TO THE SAN GABRIEL VALLEY COUNCILOF F GOVERNMENTS JOINT POWERS AUTHORITY AGREEMENT - creat ing the Alameda Corridor -East, Gateway to America Project (the ACE Project). MATTERS WITHDRAWN FROM CONSENT CALENDAR. J ) 6.5 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING EFFORTS TO MANDATE NEWLY HIRED PUBLIC EMPLOYEES TO PARTICIPATE IN THE SOCIAL LL SECURITY PROGRAM. AL C/Ansari moved, C/O'Connor seconded, to continue the matter to the Provide October 6 1998 City Council meeting in order to allow staff to rovide additional documentation. Motion carried by the following Roll Cal vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chan NOES: M/Herrera g° COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.7 ADOPTED RESOLUTION NO. 98-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL USE PERMIT NO. 98-1, OAK TREE PERMIT NO. 95-2 AND MITIGATED NEGATIVE DECLARATION NO. 95-2. SEPTEMBER 15, 1998 PAGE 5 CITY COUNCIL C/O'Connor and MPT/Chang disclosed that they had each met separately with Mr. Dolezal since the September 1, 1998 Council meeting. C/Huff moved, C/Ansari seconded, to adopt Resolution No. 98-54 denying extension of time for Tentative Parcel Map No. 23382. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 VESTING TENTATIVE TRACT MAP NO. 52267, CONDITIONAL USE PERMIT NO. 98-03, OAK TREE PERMIT NO. 98-01 AND ENVIRONMENTAL IMPACT REPORT NO. 97-02 (SCH 97031005). CM/Belanger explained that the applicant proposes to provide a significant benefit for removal of map restrictions as follows: "$1,200,000 remittance to the City for deposit in the Parks & Facilities Development Fund; replacement of paved parkways and medians located at Goldrush Dr. and D.B. Blvd., the value of which is estimated at $270,000; dedication of 350 acres of open space land; deeding of the open space land and 10 acres of parkland to the City (an increase of dedicated open space in D.B. from 578 acres to 928 acres." Following discussion, C/Huff moved, C/O'Connor seconded, to direct staff to bring back a Resolution of Approval and findings consistent with the applicant's current offer at the next Council meeting. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - Ansari ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: None RECESS CITY COUNCIL MEETING: 8:45 p.m. RECONVENE CITY COUNCIL MEETING: 8:47 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: SEPTEMBER 15, 1998 PAGE 6 CITY COUNCIL C/Ansari announced that all Council Members had attended the Oscar Law Memorial dedication at Heritage Park earlier in the day. Last week, she attended a lengthy Southern California Association of Government meeting concerning solid waste. CLOUT will meet next week at the Ontario Mills to see how the facility has helped the City. MPT/Chang spoke about attending the Oscar Law Memorial dedication. He reiterated M/Herrera's statement that a Community Center is the Council's number 2 goal. He reminded citizens that the City has a regional traffic problem that needs to be resolved. He reported that the first Telecommunications Task Force Meeting was held on Wednesday, September 9. C/O'Connor stated that, on September 2, she attended her first City On-line subcommittee meeting. She attended the installation dinner for M/Herrera on the occasion of her installation as Vice President of the L.A. League of Cities. She stated that it is an honor for D.B. to have one of its representatives hold such a distinguished position and she knows that M/Herrera will do the City proud, as usual. On September 10, she attended the Chamber of Commerce Legislative Breakfast where local and State representatives discussed issues of concern. September 12 was the grand opening of AYSO. She asked for individuals to volunteer to be referees for the organization. She encouraged residents to attend the Saturday games at Maple Hill Elementary School, Lorbeer Middle School, Chaparral Middle School and Paul C. Grow Park and support the City's youth. She urged residents to participate in the Sunday dinner honoring the World Series Little League Champions. C/Huff reported on the Four Corners study which is funded by SCAG. A regional traffic study was conducted in the early 90's and as a result of the Four Corners work, certain mitigation measures were implemented. The current study will measure population growth trends and what will occur to the east in the Chino and Ontario areas of the Dairy Preserve as that continues to become more residential and the dairies relocate to the central valley and desert areas. In addition, the study should help quantify the problem of regional traffic moving through the City from Chino Hills to Orange County. He congratulated M/Herrera on her installation as Vice President with the L.A. Division of the League of California Cities, which is the largest league in California. This Council is strategically placed to benefit the community. He spoke about the status of the Joint Powers Agreement with Chino Hills and the City of Industry as well as the Alameda Corridor East and the one billion dollar mitigation effort to provide relief to the area as a result of the tripling of freight traffic through the corridor. M/Herrera pointed out that all Council Members are hardworking and dedicated to representing the City and its interests in the region. She said she is very proud of the Council. M/Herrera announced the creation of a Community Center/Civic Center Task Force. SEPTEMBER 15, 1998 PAGE 7 CITY COUNCIL Members of the Task Force will consist of 2 Parks & Recreation Commissioners as designated by the Chairman of the Parks & Recreation Commission; two representatives from the D.B. Seniors Club, 2 Council representatives (the Parks Master Plan subcommittee) C/O'Connor and C/Huff, with C/Huff acting as Chairman of the Task Force. Each Council Member will appoint 3 individuals each, for a total of 15 public representatives from civic organizations; 1 representative from the D.B.I.A.; 1 representative from the Chamber of Commerce; 2 representatives from the D.B. Friends of the Library, and staff members as deemed appropriate by the City Manager. She asked that names of appointees be submitted to her by October 6, 1998. The Task Force will commence discussions about the middle of October and conclude deliberations by June 30, 1999 with its report to Council. M/Herrera suggested that a Town Hall Meeting be convened at 9:00 a.m. on Saturday, November 7, 1998 to discuss the City's traffic concerns and proposed solutions. She further stated that she will serve as the Legislative Chairperson for the League of Cities which will provide greater opportunity to be of assistance to D.B. 11. ADJOURNMENT: There being no further business to discuss, M/Herrera adjourned the meeting at 9:12 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JULY 9, 1998 CALL TO ORDER: Chair/Leonard-Colby called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Lin. ROLL CALL: Commissioners: Chair Leonard -Colby, Vice Chair Morris, and Commissioners Istik and Lin. Absent: C/Virginkar. VC/Morris arrived at 7:43 p.m. Also Present were: David Liu, Deputy Director of Public Works; Tseday Aberra, Administrative Assistant, and Lt. Dave Stothers, Walnut Sheriffs Department. I. APPROVAL OF MINUTES: A. Minutes of the Regular Meeting of June 11, 1998. C/Istik moved, C/Lin seconded, to approve the regular meeting minutes of May 14, 1998 as submitted. Motion carried 3-0 with C/Virginkar and VC/Morris being absent. H. COMMISSION COMMENTS: C/Lin requested an update of the request for information regarding speed humps along Gold Rush Drive. DDPW/Liu responded that staff conducted sight visits and determined that currently there are sufficient traffic mitigation features such as warning signs and botts dots to slow the traffic. In addition, the City has requested that the Walnut Sheriffs Department place the radar trailer on the street. Staff will followup on this issue for the August 13, 1998 Commission meeting. JULY 9, 1998 PAGE 2 Lt. Stothers stated he will check the log to determine whether the radar trailer was recently placed on the street. If not, he will schedule the radar trailer for Gold Rush Drive. 111. PUBLIC COMMENTS - Don Gravdahl, 23988 Minnequa Drive, requested information regarding motor homes being used as dressing rooms on Breckenridge Court. DDPW/Liu responded that this matter is being forwarded to the City Council along with the report to Council from the Off -Site Parking Task Force on July 21, 1998. The Walnut Sheriffs Department and staff have been monitoring this ongoing situation. The only current applicable Municipal Code that governs the location of a trailer or vehicle over six feet in length is if it is parked too close to an intersection. If the proper signage is posted, the Sheriffs Department can apply enforcement to remove such a vehicle. Currently, no such signage is posted in the City. IV. CONSENT CALENDAR - None V. OLD BUSINESS: A. Goals & Objectives of the TrafTc and Transportation Commission. DDPW/Liu presented staffs report. Staff recommends that the Traffic & Transportation Commission discuss and forward the attached ranked Fiscal Year 1998-1999 Goals and Objectives to the City Council in preparation for a joint study session. C/Liu moved, C/Istik seconded, to forward the Traffic and Transportation Commission's ranked listing of Fiscal Year 1998-1999 Goals and Objectives to the City Council in preparation for a joint study session. The motion was carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lin, Istik, Chair/Leonard-Colby None Virginkar, VC/Morris B. "2 Hour Parking, 8 a.m. - 5 p.m,, Monday -Friday" signs along Fallowfield Drive and Pasco Court. AA/Aberra presented staffs report. Staff recommends that the Traffic and Transportation Commission receive public input regarding First Mortgage Corporation's request to modify the existing "2 Hour Parking, 8 a.m. - 5 p.m., JULY 9, 1998 PAGE 3 Monday -Friday" signs along Fallowfield Drive and Pasco Court. Armando Zamacona, 20940 Pasco Court, said that since First Mortgage located to his area, the neighborhood has encountered ongoing problems and trash and has, he believes, reduced surrounding property values. He has not observed that the Sheriffs Department has enforced the current parking unless they are specifically called out. He is opposed to any modification to the existing "2 Hour Parking". Monee Tyler, 3220 Fallowfield, said she lives immediately next door to First Mortgage. She stated she is fed up with the trash, vehicles parking in front of her house and mailbox as well as, blocking her driveway and not obeying the 2 hour parking limitation, and persons conducting lewd acts in their vehicles. She indicated that the situation is a mental distress to her. Kathy Bandak, 3210 Fallowfield Drive, stated she lives two doors down from the mortgage company. She and her children have to be extra cautious because the vehicles parked in front of her house interefere with sight visibility. She has witnessed sexual acts by employees in vehicles parked in front of her home and she cannot let her children go out in their own front yard. In addition, mail delivery is impeded and she has been told that mail will not be delivered if the mailbox is inaccessible. When asked what solution she would offer, Kathy Bandak responded to C/Istik that First Mortgage can build underground parking, park along Corporate Terrace Way, carpool or better manage their business hours to accommodate their employees. Tom Hursman, 20909 Pasco Court, said he brings messages from several. neighborhood residents. Due to the fact that vehicles are parking along both sides of Fallowfield Drive, motorists exiting Pasco Court, a cul-de-sac, onto Fallowfield Drive, have no vision. The residents are concerned about the safety of the children. Currently, no one is conforming to the 2 Hour Parking signs. The 2 Hour Parking signs present a problem for the residents as well. The neighborhood residents are willing to work with First Mortgage to reach a compromise and solution to this ongoing problem. There are a number of parking spaces (10-20) on Corporate Terrace Way and there is a crosswalk on Brea Canyon Cutoff Road. The residents are against increasing the parking beyond the current 2 hour limitation. In fact, the residents would prefer some other solution and no 2 hour limitation signs. Marla Perez, Vice President First Mortgage Corporation, apologized to the residents. She said that if these problems had been brought to her attention they would have been taken care of. She said she will give the residents her business card. JULY 9, 1998 PAGE 4 First Mortgage has a firm policy that none of their employees are to park in front of residences and any offenders will be immediately written up. With respect to parking on Corporate Terrace Way, she is concerned that the area may be restricted to parking. She believes that employees are not parking on Pasco Court because it was never allowed. She said the problem of trash was brought to her attention about a month ago and a trash can has been placed in front of the building. All of the employees have been advised to use the trash can and not leave trash on the street. She has not received any further complaints about trash. C/Istik asked why the employees need to park on adjacent streets and how it happened that there is not sufficient on-site parking. Marla Perez said that the company has 114 employees and has outgrown its 71 parking spaces. Offices that were planned for one person are now accommodating three persons and offices that were planned for four persons are not accommodating from six to nine persons. Marla Perez responded to Chair/Leonard-Colby that First Mortgage is the only occupant of the building. Originally, First Mortgage occupied the top floor only and leased out office spaces. In addition, the company has rents overflow space at the Metro office building on Brea Canyon Road. The building consists of 32,000 square feet. C/Lin asked how First Mortgage enforces no parking in front of residences. Marla Perez said that she surveys the situation daily. In addition, she responds to complaints. C/Lin stated he believes First Mortgage needs to patrol the street. In response to Chair/Leonard-Colby, Marla Perez stated that there is some carpooling. She is looking into whether additional parking space can be leased. C/Istik stated he believes First Mortgage will have to do more to mitigate the situation. The company is not doing enough or there would not be a group of residents who are concerned with the situation. There is a matter of being a good corporate neighbor on a residential street. The integrity and safety of the residential neighborhood is important to the people who live there. Businesses are required to provide on-site parking and not use residential streets for overflow parking. Quoting former Traffic and Transportation Commissioner Todd Chavers, he said that "it is not JULY 9, 1998 PAGE 5 the responsibility of the citizens of Diamond Bar to provide parking for businesses on every street". First Mortgage is asking the residents who live on the street to live in a business parking lot environment Monday through Friday. Chair/Leonard-Colby stated the business is upside down with 114 employees and 71 parking spaces. DDPW/Liu responded to Chair/Leonard-Colby that the City has no jurisdictional authority in the unincorporated area of Corporate Terrace Way. First Mortgage would need to pursue options for parking on that street with the Los Angeles .County Department of Public Works. VC/Morris arrived at 7:43 p.m. Debbie Zamacona, 20940 Pasco Court, asked the Commission not to remove the 2 hour parking limitation. Don Gravdahl pointed out that this item has been before the Traffic and Transportation Commission several times since the building was constructed. 2 hour parking was initiated to allow the homeowners some use of the street for visitors. At that time, the Sheriffs Department followed.up with enforcement. He said he believes First Mortgage has been given ample opportunity to mitigate the circumstances. Following Commission discussion, C/Istik moved, to retain the 2 Hour Parking, 8 a.m. - 5 p.m., Monday -Friday" signs. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Istik, Lin, VC/Morris, Chair/Leonard- Colby None Virginkar C/Istik moved, VC/Morris seconded, to direct staff to investigate the land use of the existing First Mortgage building to see if it has changed and would, under the City's Code, require additional parking and whether it is enforceable by the City. Staff will review this matter and report back to the Traffic and Transportation Commission on August 13, 1998 with a recommendation. Motion carried by the following Roll Call vote: JULY 9, 1998 AYES NOES: ABSENT VI. NEW BUSINESS: PAGE 6 COMMISSIONERS COMMISSIONERS: COMMISSIONERS: Istik, Lin, VC/Morris, Chair/Leonard- Colby None Virginkar A. Installation of a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive. DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation Commission concur with staff to recommend to the City Council the installation of a stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive. Following discussion, VC/Morris moved, C/Lin seconded, to concur with staffs to recommend to the City Council the installation of a stop sign at the intersecting leg of Golden Prados at Bridle Drive. C/Istik stated he would not favor a stop sign on Golden Prados at Bridle Drive because the Vehicle Code allows motorists to roll through the intersection. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Morris, Chair/Leonard-Colby NOES: COMMISSIONERS: Istik ABSENT: COMMISSIONERS: Virginkar VII. STATUS OF PREVIOUS ACTION ITEMS: DDPW/Liu stated that the northern portion of the Diamond Bar Boulevard resurfacing project is slated to commence on July 13, 1998. The Diamond Bar Library reopening is scheduled for 10:00 a.m. on August 15, 1998. The Pantera Park Grand Opening Ceremonies will be held at 10:00 a.m. on July 25, 1998. VIII. ITEMS FROM COMMISSIONERS: VC/Morris stated that a resident pointed out to him that a citizen is converting an MCI bus to a motorhome and the vehicle has been parked continuously on San Leandro Drive for two months. He asked staff to look at placing consistent street signs at curbs in front of the City's churches. JULY 9, 1998 PAGE 7 IX. ITEMS FROM STAFF: A. Monthly Traffic Enforcement Update: June, 1998. Lt. Stothers presented the Traffic Enforcement Update. The enforcement index for June was 58.8. X. INFORMATIONAL ITEMS: A. Future Agenda Items. As presented. XI. SCHEDULE OF FUTURE CITY MEETINGS: As presented in the agenda. Chair/Leonard-Colby reminded the Commission that the Off -Site Task Force report will be presented to the City Council at its July 21, 1998 meeting. Chair/Leonard-Colby stated she will not be present for the August 13, 1998 Traffic and Transportation Commission meeting. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, C/Lin moved, VC/Morris seconded, to adjourn the meeting. Chair/Leonard-Colby adjourned the meeting at 8:37 p.m. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/ Joyce Leonard -Colby Joyce Leonard -Colby Chair CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION AUGUST 13, 1998 CALL TO ORDER: Vice Chair Morris called the meeting to order at 7:02 p.m. at the South Coast Air Quality Management District Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Vice Chair Morris. ROLL CALL: Commissioners: Vice Chair Morris, and Commissioners Istik and Lin. Absent: C/Virginkar and Chair/Leonard-Colby. Also Present were: David Liu, Deputy Director of Public Works; Rose E. Manela, Assistant Engineer, and Deputy Clark, Walnut Sheriffs Department. L APPROVAL OF MINUTES: A. Minutes of the Regular Meeting of July 9, 1998. C/Lin moved, C/Istik seconded, to approve the regular meeting minutes of July 9, 1998 as corrected. Motion carried 3-0 with C/Virginkar and Chair/Leonard-Colby being absent. IL COMMISSION COMMENTS - None III. PUBLIC COMMENTS - None IV. CONSENT CALENDAR - None V. OLD BUSINESS: A. 112 Hour Parking, 8 a.m. - 5 p.m., Monday -Friday" signs along Fallowfield Drive and Pasco Court. DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation Commission encourage First Mortgage Corporation to consider and AUGUST 13, 1998 PAGE 2 implement the following alternatives: Implement a ridesharing program or other incentives conducive to the City's Transportation Demand Management (TDM); or 2. Construct additional parking spaces by reorganizing lot space (layout) or constructing parking decks over existing parking area; or Relocate some employees to an off-site location/larger facility; or 4. Locate employee vehicles to off-site parking locations (i.e. open church parking sites, etc.) and have employees shuttled to office; or Restripe existing parking lot eliminating full size parking spaces and increasing compact spaces in order to accommodate additional parking; or 6. Remove the "Reserved" parking spaces on-site and allow parking on a first come -first serve basis. Clement Ziroli, owner of First Mortgage Corporation, spoke about the construction of his building and formation and growth of his company. He said he believes his firm is a good neighbor and offered to participate in a dialogue with the residents, the City Staff and the Commission. C/Istik asked if at the time the County of Los Angeles issued building permits they stated in writing that they would not prohibit parking on the street adjacent to the building. Mr. Ziroli responded that there was not an issue about parking and that his business enjoyed the privilege and the right to park on the street until the City incorporated when the right to park on the street was taken away. VC/Morris stated that Mr. Ziroli's points are well taken. However, at the July 9, 1998 Traffic and Transportation Commission meeting, a large number of his neighbors raised numerous concerns. He said he believes it is important that all interested parties work together to resolve the matter. Kathy Bandak, 3210 Fallowfield Drive, reiterated her concerns stated during the July 9, 1998 meeting. She said she has a right to a safe and healthy environment for her family and would like for her guests to be able to park in front of her house. She stated that in spite of First Mortgage's claim that they do not allow their employees to park in front of residences, an AUGUST 13, 1998 PAGE 3 employee car has been parked in front of the house immediately adjacent to the business for the past three days. She invited the Commissioners to come to her home and view the situation for themselves. She said that she and her neighbors have not changed their opinion of what is occurring on their street. Mrs. Bandak responded to VC/Morris that she would attend a joint meeting to discuss the matter. Responding to C/Istik, Mrs. Bandak said she does not believe Mr. Ziroli's comparison to parking on Diamond Bar Boulevard in front of St. Denis Church and Evangelical Free Church one day a week compares to his employees parking on her street five days a week. Following discussion, VC/Morris moved, C/Istik seconded, to direct staff to forward a letter to First Mortgage Corporation thanking Mr. Ziroli for attending tonight's meeting, outline the residents' concerns as well as, the alternatives proposed by staff, the 5-0 vote by the Commission upholding the current parking considerations, and suggest that if additional concerns are raised by the residents, further mitigation measures may be considered by the City of Diamond Bar. AYES: COMMISSIONERS: Lin, Istik, VC/Morris NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Virginkar, Chair/Leonard-Colby VL NEW BUSINESS: C/Istik stated that exiting on Brea Canyon Road there is a right hand turn for the SR 60 westbound. When semi trucks are in the number 2 lane or the curb lane, they tend to swing wide across the first and second lane on Brea Canyon Road which has been restriped to move the lanes closer to accommodate the double left hand turn onto the on-ramp. DDPW/Liu stated staff will convey C/Istik's concern to CalTrans. VII. STATUS OF PREVIOUS ACTION ITEMS: DDPW/Liu stated that at its July 21, 1998 meeting the City Council approved the School Safety Study improvements for all 12 school sites and installation of signage and striping improvements will be completed by August 31, 1998. Hardscape improvements will be completed in the near future. On August 4, 1998, the City Council approved installation of the stop sign at the intersecting leg of Golden Prados Drive at Bridle Drive. Staff forward the Commission's list of 1998/1999 Goals and Objectives to the City Council. The City Manager AUGUST 13, 1998 PAGE 4 has requested that a joint study session be scheduled with the Commission and the City Council. He reported that Caltrans has indicated they will need a traffic study to determine the proposed striping modification for the bicycle lane on northbound Diamond Bar Boulevard north of Palomino Drive which may take two to three months to complete. In the meantime, the City may wish to modifying the lanes south of Palomino Drive since the area is outside the jurisdiction of the State of California. VIII. ITEMS FROM COMIVIISSIONERS: DDPW/Liu responded to C/Lin that the City owns one speed radar trailer. C/Lin suggested that the speed radar trailer be placed on Goldrush Drive more frequently to mitigate speeding traffic. VC/Morris asked for staff to provide the Commissioners with a schedule of times and locations for the speed radar trailer in order to be better prepared to respond to resident's questions. He asked that staff provide a report on the progress of the school improvements at the September 10, 1998 Commission meeting. IX. ITEMS FROM STAFF: A. Monthly Traffic Enforcement Update: July, 1998. Deputy Clark presented the Traffic Enforcement Update. The enforcement index for July was 24.3. X. INFORMATIONAL ITEMS: A. Future Agenda Items. As presented. XL SCHEDULE OF FUTURE CITY MEETINGS: As presented in the agenda. AUGUST 13, 1998 PAGE S ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, C/Istik moved, C/Lin seconded, to adjourn the meeting. VC/Morris adjourned the meeting at 8:17 p.m. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/ Roland Morris Vice Chair Roland Morris MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 23, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye, and Commissioners George Kuo, Steve Nelson and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager; Catherine Johnson, Senior Planner, and Ann Lungu, Associate Planner. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of June 9, 1998. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of June 9, 1998 as presented. Motion carried 4-0-1 by Roll Call vote with VC/Tye abstaining. OLD BUSINESS: 1. Development of Planning Commission Goals. DCM/DeStefano presented staff s report. Staff recommends that the Planning Commission discuss the five proposed Planning Commission Goals and direct staff accordingly. DCM/DeStefano responded to VC/Tye that there are currently two items of concern with respect to the Wireless Telecommunications Ordinance: The Damn Drive temporary approval which expires the middle of August and the extension of the Interim Ordinance that regulates the placement of wireless telecommunications facilities. Chair/McManus asked if the current sites provide adequate service throughout the city. JUNE 23, 1998 PAGE 2 DCM/DeStefano explained that there are dead spots at the Diamond Bar/Pomona border on the SR 60 and on Diamond Bar Boulevard from about Grand Avenue south to the SR 57. DCM/DeStefano responded to C/Ruzicka that of the approximately 18 locations of telecommunications installations, only the Darrin Drive application which was closest and most visible to a single family neighborhood, has created controversy within the community. Responding to VC/Tye, DCM/DeStefano explained that the Torrito Lane facilities at Golden Springs Drive were installed prior to construction of the condominium units. The neighborhood residents were notified of the installation and the city received no comments. DCM/DeStefano explained to VC/Tye that the City is required by State statute to revise its Housing Element on a five year basis. The latest date for the Southern California cities to revise their Housing Elements is by June 30, 1999. Following discussion, the Planning Commission concurred to accept the five goals as recommended by staff. NEW BUSINESS: 1. Planned Sign Program No. 98-2 is a request to establish a Planned Sign Program for an existing commercial center. There are no signs proposed to be installed under this application. Property Location: Town Center Village 1235 Diamond Bar Boulevard (southwest corner of Grand Avenue and Diamond Bar boulevard) Diamond Bar, CA 91765 Applicant: American Stores, Inc. 6565 Knott Avenue Buena Park, CA 90620 Property Owner: Diamond Bar Grand LLC 2717 W. Coast Highway Newport Beach, CA 92663 DCM/DeStefano stated that staff recommends that the Planning Commission table this item in accordance with the applicant's request. C/Ruzicka moved, VC/Tye seconded, to table Planned Sign Program No. 98-2. Motion carried 5-0 by Roll Call vote: JUNE 23, 1998 PAGE 3 CONTINUED PUBLIC HEARING: 1. General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4 (pursuant to Code Sections Title 21 - Subdivision, 1-fillside Management Ordinance No. 7 (1992) and Part 16-22.26 Oak Tree Permit). The subject request proposes to change the General Plan land use designation for 5.88 acres within a 132 acre parcel located in a gated community identified as "The Country Estates". The land use designation will change from Open Space to Rural Residential. The remaining 126.12 acres will continue as Open Space. The proposal includes: Subdividing the 5.88 acres into four lots, each a minimum of one acre, for the eventual development of four single family custom homes; the removal and replacement of oak and walnut trees, and the removal of a map restriction. Continued from April 28, 1997. Property Address: Easterly side of Blaze Trail across from the intersection of Timbertop Lane. Property Owner/ Diamond Bar Country Estates Association Applicant: 22615 Lazy Meadow Drive Diamond Bar, CA 91765 DCM/DeStefano presented staff s report. Staff recommends that the Planning Commission receive and file the applicant's withdrawal of General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4. Chair/McManus opened the public hearing. There was no one present who wished to speak on this item. Chair/McManus closed the public hearing. C/Ruzicka moved, C/Kuo seconded, to Receive and File the applicant's withdrawal of General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit NO. 96-4. PUBLIC HEARING: 1. Variance No. 95-2- and Development Review No. 96-1-1 (pursuant to Code Section 22.56.400 and 22.72.160) is a request for a two year extension of time of the Planning Commission approval dated June 24, 1996. The Variance approval permits the construction of four retaining walls (crib walls) with intoacent planters, within the rear of the project site. The maximum approved height of three walls is eight feet and maximum height of one wall is six feet. The Development Review approval permits the construction of an 8,334 square foot two-story single family residence with a cellar, deck, pool/spa and four car garage. The extension of time request does not alter the approved project's development standards. JUNE 23, 1998 PAGE 4 Project Address: 1729 Derringer Lane Diamond bar, CA 91765 Property Owner/ Jeffrey and Eddy Hu Applicant: 2945 Rio Lempa Drive Hacienda Heights, CA 91745 AstP/Lungu presented staffs report. Staff recommends that the Planning Commission approve a one year extension of time for Variance No. 95-2-1 and Development Review No. 96-1-1 subject to the Findings of Fact and conditions of approval listed within the resolution. Chair/McManus opened the public hearing. There was no one present who wished to speak on this item. Chair/McManus closed the public hearing. C/Ruzicka moved, C/Kuo seconded, to approve a one year extension of time for Variance No. 95-2-1 and Development Review No. 96-1-1 subject to the Findings of Fact and conditions of approval listed within the resolution. 2. Development Review No. 98-7 (pursuant to Code Section 22.72.020.A.4 and 22.72.040) is a request to convert a 2,000 square foot vacant retail unit to a cafe/deli with 1,003 square feet devoted to restaurant facilities. The Development Review process is required due to the conversion of a vacant retail unit to a more intensified use - restaurant. Property Address: 1241 Diamond Bar Boulevard Diamond Bar, CA 91765 Property Owner/ Diamond Bar/Grand LLC Applicant: 2717 W. Coast Highway Newport Beach, CA 92663 AstP/Lungu presented staffs report. Staff recommends that the Planning Commission approve Development Review 98-7, Findings of Fact and conditions as listed within the resolution. Chair/McManus opened the public hearing. Paul Ho, stockholder and director for the proposed project, stated that the proposed use is to accommodate families and business people for lunch and dinner. Responding to C/Tye he said he is not concerned about the availability of client parking. Deliveries will be made at the rear entry and will not interfere with the public traffic in the parking lot. Mr. Ho responded to VC/Tye that his establishment will not serve alcoholic beverages. JUNE 23, 1998 PAGE 5 Responding to C/Kuo, Mr. Ho explained that the City of Industry facility and the proposed Diamond Bar facility are about the same size and each store will serve approximately 60 customers. Chair/McManus closed the public hearing. VC/Tye responded to concerns expressed by Winton A. Scott, 13672 Tea House Street, Santa Ana in a letter addressed to the City's Planning Division regarding the proposed project_ Following discussion, C/Ruzicka moved, C/Kuo seconded, to approve Development Review 98-7, Findings of Fact and conditions as listed within the resolution. Motion carried 5-0 by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PLANNING COMMISSION COMMENTS: INFORMATIONAL ITEMS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus None None None DCM/DeStefano stated that the City Council approved the 1998/1999 Fiscal Year Budget at its June 16, 1998 meeting. With respect to speed humps, he reported that this matter has been considered on several occasions by the Traffic and Transportation Commission which concluded that speed humps would not be appropriate in the City of Diamond Bar. With respect to Goldrush Drive, the Traffic and Transportation Commission requested that the City's Engineering Division continue to pursue mitigation efforts to slow the traffic on the street. 1. Development Code Update: SP/Johnson presented the Development Code update. She stated that on June 16, 1998, the City Council approved First Reading of the Development Code. Second Reading is scheduled for July 21, 1998 which will render the Development Code effective on August 21, 1998. DCM/DeStefano stated that SP/Johnson has accepted a position as The City Planner for the City of Azusa. He spoke about her achievements while a Senior Planning with the City of Diamond Bar and wished her success in her new position. Chair/McManus thanked SP/Johnson for her service to the Planning Commission and to the City of Diamond Bar. SCHEDULE OF FUTURE EVENTS as listed in the agenda. JUNE 23, 1998 PAGE 6 ADJOURNMENT: C/Ruzicka moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 8:00 p.m. to July 14, 1998. Respectfully Submitted, Ja s DeStefano Secretary to the PlaIng Commission Attest: 'Joe McManus ;Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 14, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Tye. ROLL CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye, and Commissioners George Kuo, Steve Nelson and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager; George Wentz, City Engineer, and Ann Lungu, Associate Planner. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Xiomara Reyes, Attorney at Law, representing the Law Office of John Guy, on behalf of "The Country Estates Association, informed the Planning Commission that the information available to them indicates that Mr. Dolezal does not have any easement or access rights through "The Country Estates" or any of its gates. A letter reflecting this information has been presented to staff. APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of June 23, 1998. C/Nelson moved, C/Ruzicka seconded, to approve the minutes of June 23, 1998 as presented. Motion carried 5-0 by Roll Call vote. OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: None PUBLIC HEARING: JULY 14, 1998 PAGE 2 1. Extension of Time for Approved Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 (pursuant to Code Sections 21.40.280, 22.56.140 and 22.56.2250) is a request for a one year extension of time of the City's approval dated June 20, 1995. The approval permitted a four lot residential subdivision of a 2.55 acre parcel within a significant ecological and hillside management area. The project site contained one oak tree to be preserved and protected. The extension of time also includes a request to amend the Oak Tree Permit. The proposed amendment involves the removal of the one oak tree and its replacement at a 4:1 ratio with 24 inch box oak trees. Project Address: 3000 Block (north side) of Steeplechase lane at the terminus of Hawkwood Road adjacent to "The Country Estates". Property Owner/ Warren Dolezal Applicant: 4251 S. Higuera Street San Luis Obispo, CA 93401 AstP/Lungu presented staffs report. Staff recommends that the Planning Commission recommend approval to the City Council of a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2, Amended Mitigation Monitoring Program, Findings of Fact and conditions of approval as listed within the resolution. C/Nelson asked if the oak tree that is slated to be replaced has been looked at by an arborist and is the tree a Heritage Oak? AstP/Lungu explained that the current Oak Tree Permit process does not distinguish "Heritage" oaks. Bob Laurie from Michael Brandman Associates looked at the tree. Although the tree is in good condition, it is his opinion that it would not survive relocation and a 4:1 replacement ratio is appropriate. C/Nelson said he believes a 4:1 ratio for a tree of such magnitude is inadequate. CE/Wentz responded to C/Ruzika that Kranzer and Associates determined that the tree needed to be removed to mitigate the landslide. DCM/DeStefano indicated to Chair/McManus that if the applicant is denied access via Steeplechase Lane, the current application may be rendered untenable. However, the applicant could request access via Hawkwood Road from the City. CE/Wentz, responding to Chair/McManus stated that at the time Parcel Map No. 47850 was approved, the City required that portion from the end of Hawkwood Road up to the private portion of Steeplechase Lane be dedicated to the City of Diamond Bar. Therefore, that opportunity exists as a possible access to the sight for Mr. Dolezal should he not be able to demonstrate that he has access from Steeplechase Lane. This scenario would require the applicant to come back to the City with a alternative proposed map. If the oak tree remained, JULY 14, 1998 PAGE 3 the applicant may be able to construct fewer lots on his parcel map. JCC Development proposes to install a gate at the end of Crystal Ridge where Hawkwood Road terminates. In response to VC/Tye, CE/Wentz stated he believes that taking access from Hawkwood Road is discretionary and would not warrant a denial of any kind of extension to allow Mr. Dolezal time to try to address this issue and other issues that remain with this proposed map. Should he not be successful, he would be required to resubmit an application to the City with a different map layout and at that time, the Commission and the City Council could address the issue of access to insure that there is no violation of the privacy of "The Country Estates". Chair/McManus opened the Public Hearing. Warren Dolezal stated that when this property was acquired in 1976, Diamond Bar Development Company represented to him that the property in question was a part of "The Country Estates". The court affirmed that we had access to Steeplechase Lane. An extension of time is required in order for the applicant to finalize legal matters. Application has been made to "The Country Estates" for access and negotiations are proceeding. With respect to the oak tree that is required to be replaced, the soils test revealed that the old landslide material runs under the oak tree. He agreed with CE/Wentz that in order to have a buildable lot, the oak tree will have to be removed. He said he has no objection to the replacement using 36 inch boxed trees. A 36 inch box is about 4 inches in diameter and about eight feet in height. Mr. Dolezal responded to C/Ruzicka that negotiations with "The Country Estates" are proceeding on a very friendly basis. There being no further public testimony offered, Chair/McManus closed the Public Hearing. Following discussion, C/Nelson moved, C/Ruzicka seconded, to concur with staff to recommend approval to the City Council of a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2, Amended Mitigation Monitoring Program, Findings of Fact and conditions of approval as listed within the resolution, with the recommendation that the oak tree in question be replaced at the ratio of 20:1 with 36 inch boxed oak trees. As many replacement trees as possible are to be placed on-site and the balance will be placed off-site within the City of Diamond Bar or a dollar amount for in lieu tree contribution be placed in a replacement fund to be used for other City projects. Location of the trees to be approved by City staff. Motion was carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSION COMMENTS: None JULY 14, 1998 PAGE 4 INFORMATIONAL ITEMS: None SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: C/Ruzicka moved, C/Nelson seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 7:55 p.m. to July 28, 1998. Respectfully Submitted, James DeStefano Secretary to the Pl nning Commission Attest: Joe McManus Chairman CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive JULY 23, 1998 CALL TO ORDER: Chairman Finnerty called the meeting to order at 7:07 p.m. PLEDGE Of ALLEGIANCE: The audience was led in the Pledge of Allegiance by Vice Chairman Nolan. ROLL CALL: Present: Chairman Finnerty, Vice Chaiman Nolan and Commissioners, Anis, Holder and Pruitt Staff: Community Services Director Bob Rose, and Community Services Specialist Paolo Lopez MATTERS FROM THE AUDIENCE - None 1. CONSENT CALENDAR: 1.1 Approval of Minutes of June 25, 1998 Regular Meeting. Chair/Finnerty asked that the minutes be changed as follows: The first sentence on Page 4 is changed to read as follows: "The banners are recommended to be placed near the intersections of Grand Avenue and Diamond Bar Boulevard (one on Grand Avenue and one on Diamond Bar Boulevard), on Golden Springs Drive at Brea Canyon Road, and Diamond Bar Boulevard near the Kmart Center." C/Pruitt moved, C/Holder seconded, to approve the minutes of June 25, 1998 as amended. The motion carried 4-0-1 by the following Roll Call vote: AYES: Anis, Holder, Pruitt, Chair/Finnerty None VC/Nolan None COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: JULY 23, 1998 PAGE 2 PARKS & RECREATION COMMISSION INFORMATIONAL ITEMS: 2. Recreation Update CSS/Lopez presented the recreation update. 3. Pantera Park - Update CSD/Rose stated that the Grand Opening ceremonies will take place on Saturday, July 25, 1998 at 10:00 a.m. He explained that about 65 card stock invitations were sent out and 1,300 flyers were mailed. The area newspapers have noted the park's completion and opening. Deejay Flavio Garcia will provide music starting about 9:30 a.m. Los Angeles County Supervisor Don Knabe will make the dedication. A representative from Congressman Jay Kim's office will make a presentation to the City. The City Council will conduct the ribbon cutting ceremony and Miss Diamond Bar will be present for the festivities. The Tiny Tots program will begin at the site on Monday morning, July 27. Responding to C/Anis, CSD/Rose indicated the City will begin taking reservations for the park on Monday, July 27. The park contains three picnic areas. Reservations are limited to one per day. Chair/Finnerty stated that the neighborhood residents are very enthusiastic about the park's opening and have planned a block party for the day beginning at 10:00 a.m. in coordination with the Grand Opening Ceremonies. She reported that a neighbor indicated to her that he was enthusiastic about lighting in the park. 4. Status of Selection of Recreation Provider - Update. Staff will present its report to the City Council on August 4, 1998 along with its recommendation to retain the City of Brea as the City's recreation provider. The current contract expires on August 31, 1998. As an alternative, a second recommendation has been made to extend the current contract to December 31, 1998. OLD BUSINESS - None JULY 23, 1998 PAGE 3 PARKS & RECREATION COMMISSION NEW BUSINESS - None ANNOUNCEMENTS: C/Anis stated that she is enjoying the Concerts in the Park series. The bands are exceptional. She said that she noticed some slight flooding by the water fountain in Sycamore Canyon Park. CSD/Rose responded to C/Anis that there is an ongoing problem with drainage at the park. He explained how the drainage needs to be revised in order to eliminate the problem. C/Holder reported that she will participate in the Long Beach Renaissance Festival. C/Pruitt said she has attended all of the Concerts in the Park. The overall attendance and participation has been good and the persons running the concessions have done an excellent job and have been financially successful. Pop Warner has conducted registration at each concert which has been good for visibility. Pop Warner will host an opening day ceremony at Diamond Bar High School on Saturday, July 25, 1998 from 1:00 to 3:00 p.m. The organization will receive a $5,000 grant from the Amateur Athletic Foundation. She reminded the Commission that Pop Warner will host the "Kids Helping Kids" Pancake Breakfast and Blood Drive to be held on Sunday, July 26, 1998 from 8:00 to 11:30 a.m, to benefit the Stoddard family. The Diamond Bar Rotary and Adohr Farms will co -host the event at Diamond Bar High School. She reported that the subcommittee held its first meeting to discuss the formation of a 501- C - 3 non-profit foundation. The next meeting is scheduled for 9:00 a.m. on Thursday, August 6, 1998. She pointed out that flooding occurs during the night when the street median sprinkler systems are activated. VC/Nolan thanked CSD/Rose for arranging AYSO's use of Heritage Park for registration. He asked that the City seek Sheriff's Department patrol presence in the upper Sycamore Canyon area on the weekends. He stated he has been greeted by confrontational individuals in the area. He commended C/Pruitt and her husband for the volunteer work they do on behalf of the community. C/Anis suggested the City consider conducting hiking tours for youth in upper Sycamore Canyon Park. C/Pruitt thanked VC/Nolan and his company for assisting Pop Warner and the Rotary Club with the Pancake Breakfast. She asked that the Commission review the possibility of signage at the beginning of the trail in Sycamore Canyon Park. JULY 23, 1998 PAGE 4 PARKS & RECREATION COMMISSION ADJOURNMENT: C/Anis moved, VC/Nolan seconded, to adjourn the meeting. There being no other business to come before the Commission, Chair/Finnerty adjourned the meeting at 8:07 p.m. Respectfully Submitted, s/ Bob rose Bob Rose Secretary Attest: /s/ Annette Finnerty Annette Finnerty Chairman CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D. 21865 Copley Drive AUGUST 27, 1998 CALL TO ORDER: Chairman Finnerty called the meeting to order at 7:07 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Chairman Finnerty. ROLL CALL: Present: Chairman Finnerty, Vice President Nolan and Commissioners, Anis and Holder. Commissioner Pruitt arrived at 7:27 p.m. Staff: Bob Rose, Community Services Director and Wendy Bowman, Community Services Supervisor. MATTERS FROM THE AUDIENCE - None 1. CONSENT CALENDAR: 1.1 Approval of Minutes of July 23, 1998 Regular Meeting. VC/Nolan moved, C/Anis seconded, to approve the minutes of July 23, 1998 as presented. The motion carried 4-0 by the following Roll Call vote: AYES: COMMISSIONERS: Anis, Holder, VC/Nolan, Chair/Finnerty NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Pruitt INFORMATIONAL ITEMS: 2. Recreation Update CSS/Bowman presented the recreation update. AUGUST 27, 1998 PAGE 2 PARKS & RECREATION COMMISSION With respect to adult soccer, CSS/Bowman responded to VG/Nolan owns some eight foot goals that are used for indoor soccer, that the City VC/Nolan stated that AYSO has regulation goals at the Paul C. Since they do not play on Sundays there may be some type f arrangement that Grow Park site. yp of can be made for the City to use the goals for its programs. He suggested that CSS/Bowman contact Vince Pole the Chair/Finnerty recommended that staff post flyers at the different locations in town where AYSO holds their games in September. VC/Nolan stated that on September 19, every team and involved Chaparral Middle School for opening events. September 1 2 is weekend. parent will be at He suggested that the City consider mailing flyers to the e1400 first league members. AYSO CSS/Bowman responded to C/Anis that her staff attaches ban with wire. Hers to the fencing C/Pruitt stated that as a result of the banner placed at Lorbeer Middle School she has received a lot of inquiries. She asked for copies of adult out at the school, league flyers to hand n asked if staff checks with other day camps to determine down. e why registration is CSS/Bowman responded that she checked with the YMCA. Re for the older children, not the younger children. The Cit of P of Diamond Bar subsidize the Y's programs Registration a was down p grams with CDBG Pomona and the City VC/Nolan said he is pleased the women's self -def Fant funds. contract classes. self-defense class has been added to the 3• Recreation Contract - Update. CSD/Rose reported that at the August 18, 1998 City Council meting contract was awarded to the Ci Tiny Tots ro' of Brea beg g September 1 e199a he entire three P gram has been added to the contract. AUGUST 27, 1998 PAGE 3 PARKS & RECREATION COMMISSION CSS/Bowman stated that the City is seeking a person to fill the Community Services Leader position which requires one year of experience and at least a high school diploma. OLD BUSINESS: 4. 501(c)(3) Non -Profit Foundation. CSD/Rose reported that the Ad Hoc Committee met on August 18 to discuss the concept and development of a 501(c)(3). The purpose of this foundation will be to fund the implementation of the adopted Parks Master Plan. The Ad Hoc Committee developed draft bylaws and articles of incorporation for the proposed foundation. Chair/Finnerty pointed out that the Internal Revenue Service has strict guidelines which must be followed in setting up the foundation and its documentation. CSD/Rose explained the draft Bylaws and Articles of Incorporation. VC/Nolan suggested the Commission consider a foundation name with "sizzle" that more accurately addresses its goals and identifies its purpose. Chair/Finnerty recommended that Article II, Section 1 be modified to incorporate language from the Internal Revenue Service Code to wit: "The purpose of the Foundation is to establish a permanent endowment fund to lessen the burden of government by assisting the government of the City of Diamond Bar in the acquisition and development (including maintenance and operation of said facilities) following the direction of, but not limited to, the Parks Master Plan of 1998 and amendments to the Parks Master Plan in the future." Chair/Finnerty stated she believes that an odd number of board members is preferable and recommended that 11 serve with one member being a representative of the Diamond Bar Chamber of Commerce. Section 5., Article V is corrected to Section -6 and is corrected to read as follows: "Terms of office for the members of the first board appointed shall be concurrent with Council terms of office for Council appointees. The four at -large appointees shall serve two (2) year terms and two (1) year terms. These terms shall be determined by random draw." C/Anis pointed out that Article V - Board of Directors Section numbers should be AUGUST 27, 1998 PAGE 4 PARKS & RECREATION COMMISSION corrected beginning with Section 6 to correctly indicate Section 1 through Section 9. Responding toVC/Nolan, Chair/Finnerty indicated a sentence should be added to the new Section 4 of Article V to read: "At -large members will be drawn from the Chamber of Commerce (1), senior groups (1), youth organizations (1), service organizations (1) and shall be residents of the City of Diamond Bar. Article V, Section 1 shall read: "The total number constituting the Board of Directors shall be Pleven (11). Section 2, Article V is corrected to read: "One (1) member of the Board of Directors shall be a member of the City Council at the appointment of the mayor for a one year term. Chair/Finnerty encouraged each Commissioner to discuss the 501(c)(3) foundation with their respective Council Members prior to the joint October 6 meeting. Chair/Finnerty read from an article sent to her by Planning Commissioner Steve Tye which discussed the fact that Washington Mutual, a local business, uses 2% of its pre-tax profits for community programs and allows its employees to take four paid hours every month to work for community organizations. She said she believes the City needs to make an effort to tap into other such community resources which the 501(c)(3) foundation will allow. C/Anis pointed out the following typos: Article IV, Section 3. delete "contributions" or "code" (next to the last word and/or the last word in the paragraph). Chair/Finnerty will research this matter to determine the proper correction. Delete "be" after ...to consider those matters that may lawfully be ... in the fourth line of Section 1, Article III. C/Holder pointed out that "not" should be changed to "nor" in the second line of Article V of the Articles of Incorporation, Page 1 so that the line reads: "...propaganda or otherwise attempting to influence legislation, nor shall this corporation..." The document will be proofread for other possible typos and/or corrections. A cleaned up draft will be presented by staff at the September 24 Commission meeting. AUGUST 27, 1998 PAGE 5 NEW BUSINESS: PARKS & RECREATION COMMISSION 5. Proposed Agenda for the Tuesday, October 6 Joint Meeting with the City Council. Following discussion, the Commission concurred to present the following items for discussion: 501(c)(3) Non -Profit Foundation Joint Use Agreements with School Districts a. Paul C. Grow Park b. Lorbeer Middle School 3. Larkstone Park 4. Spanner Banners C/Pruitt requested the Commissioners be provided historical backup materials for each of the discussion items prior to the joint meeting. ANNOUNCEMENTS: C/Anis said she plans to form a team to participate in the Lockup for Muscular Dystrophy 5K Walk on September 20 at Griffith Park and asked if Commissioners and City staff members would like to participate in this worthy cause. GPruitt said she is pleased that Pantera Park is open. She extended a big thank you to VC/Nolan for his assistance with the Pop Warner Pancake Breakfast. As a result of the breakfast, three new blood donors were found for the Stoddard family. Pop Warner's season grand opening was attended by City Council Members, parents and participants. She attended the library re -opening and has become a member of the Friends of the Library. On Sunday, August 30, at Pantera Park, Pop Warner will host its annual Old Fashioned Family Picnic which is open to the public. Pop Warner has significantly increased in number of participants with close to 100 cheerleaders participating. The season kickoff will be September 6. She congratulated the Diamond Bar Senior Little League for winning the World Series Championship. VC/Nolan stated his family recently sponsored exchange students from Holland. Seventy-two AYSO coaches were trained at Pantera Park over the past three weeks. He thanked the City for AUGUST 27, 1998 PAGE 6 PARKS & RECREATION COMMISSION the use of the facility. He spoke about AYSO's VIP Division for youth that are physically and/or mentally disabled. To date, the division has two teams with 12 youths from age 8 to 19. He stated he would like to begin discussions for next year's Kiwanis 10K run. He indicated he has visited Pantera Park on several occasions and has heard only positive comments regarding the facility from neighborhood residents. He reiterated his concern regarding the debris at the Diamond Bar Boulevard frontage of the upper portion of Sycamore Canyon Park. He asked for an update for the September 24 meeting. C/Pruitt asked for an update of the Commissioner's park visits. She asked if the parks will be revisited. CSD/Rose stated that the report is being prepared and will be presented at the September 24 Commission meeting. Chair/Finnerty commented that the flora located beneath the diamond at the City's entrances are exceptionally good looking and a nice addition. She commented that the trees at Chuck E. Cheese on Brea Canyon Road are uprooting the concrete and she feels it presents a safety concern. She asked if staff is aware that Diamond Bar High School has a hockey program. CSD/Rose responded that there are teams at both Diamond Bar High School and Diamond Ranch High School. Games are played indoor at the Silo in Chino. Chair/Finnerty stated that the 501(c)(3) Brahma Foundation formed for the educational benefit and improvement of Diamond Bar High School held a breakfast yesterday. The Foundation is looking to obtain funding to update the school's outdated computer lab. CSS/Bowman responded to Chair/Finnerty that the Recreation Department is unable to teach the Fall computer classes due to the state of the equipment at Diamond Bar High School. Staff is looking for an alternative site to conduct the classes. Approximately 15 people have signed up to take the classes. CSD/Rose talked about corrections in progress at Pantera Park with respect to the Tennis Court and Basketball Court lighting. ADJOURNMENT: C/Pruitt moved, C/Anis seconded, to adjourn the meeting. There being no other business to come before the Commission, Chair/Finnerty adjourned the meeting at 9:47 p.m. AUGUST 27, 1998 PAGE 7 PARKS & RECREATION COMMISSION Respectfully Submitted, /G/ Rnh Rnce Bob Rose Secretary Attest: /S/Annette- Finnerty Annette Finnerty Chairman CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem Chan and Councilmember O'Connor FROM: Linda G. Magnusori','Assistant Finance Director SUBJECT: Voucher Register, October 6, 1998 DATE: September 30, 1998 Attached is the Voucher Register dated October 6, 1998. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. I CITY OF DIAMON� BAR VOUCHER REGISTER APPROVAL The attacheo listing of voucners have been reviewed, approven, ano recommenced for payment' Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION PREpA:� TOTAL 0��l 'GENEI::,.AL FUND 71,248.61 322,370.16 39S,618.77 112 PROP A - TRANSIT FQID '00 1l,512.56 11'512'56 115 INTEGRi-iTED WA -.-3-71-- ASTE1lS I AlR QLTY IMPR FD �AB27�6) of. 163.94 163.94 126 CITIZENS OPT-PUBLIC SFTY 343'35 .00 343.35 127 NARCOTICS ASST FORFEITURE 10,000.00 .00 10,000.00 138 1 -LAD #38 FUN� .00 17,979.08 17,979.08 1�9 LLAD #39 FUNO .00 4,060.29 4,O60.29 1�1 LLA� #41 FUNC .00 10,579.89 10,579.89 250 CAPITAL IMPROVAROJ FUND 573.5O 55,768.92 56,342.42 REFORT FOR ALL FUND5 82,165.4� 424,234.84 506,400.30 APPROVED BY: Assistant Finance Director Sol ALP, ------ . ........ Wen Chang Mayor Pro / De�orah H O'Cornor Council Member ow RUN, DATE: O9�N/1�� 18:41:V3 REG! GlSTER DUE THRU� ����7DZK�A VV1531�-453S0— 7780 97121O9 SEP MAI��'FETERS3N �� �121fi- '----PT MAlNT-SYCAMORECYN 0;i532�'453O�— 7736 Y7�2i09 S -P- MAI«7-SUnMITRD7�E PRI OO15318-45300— 77�� 97121O9 SEpT nAINr'PANTERA PARK 00�5��� 453OO'- 778v 97121�w EzPT HlLL �� 13O5538'455O0- 778C n712109 �EP� �4I�T GIST �38 MAHER3AGE PR!'. 1395539'455JO— 77 7121o9 SEp7 �AINT'�IST 77-� 97�2l0� SE;- MA�wT-PA�- GROM PR[ 001�325-�53CO— 778V p7121{� �9T nAiNT'STARCHlmE 0O�5S22'45J0O— 77�� �712lC; SEP- MA�wr'ROn 141554�-45�0— 776� n712109 SEPT MAlNT'DISr 441 _7 6j TOTAL VOUCHERS TOTvL DUE VENDOR [HEnRY AD8�TANl OC� 230O2 48�47 REFUD/�EPST-R�� REA3N TOTAL PREPAlDS TOT�L VOUCHER� �OTc� DUE �ENDOR ALAMC �� ��SH & 3ETAIL CENTE� Ob152Q-4220�' ��5 �� WASH COUpONS'PLNG 0153\O'4��O 787� �AR WA5H C0JPID N E-�� O01409O'4220O' 7875 CAR WA: ONS -GE- 03153�o'42�oV' 787� CAR DETAlL SVCS'P&R TRUCK OV14O30-422V�-- 787� CA- DETAIL SVCS'CMGR OO140��-422�V 787� CAn WASH CDUPONS-CMGR 0O�531�'42200 7�7o CAR DETAIL SV�S-P&P TRUCK ` TOTAL VOUCHER:! AMEIM PUBLIC WORKS ASSOCI A-7ON� ME�ERE REN��-93/� TCTALPR'. ESP AID 9 TOT�, VOUCHERS TDTAL �E VENDOR 0}1'230V2— 45�� REFMD�BSr-FF READ4N PR.',' TQAL PREPAlDS TOTpL VOUCHER5 TCTAL DUE VEKD3R Dl�M AR2E�Sl RECFEATIOM REFM-I T E Vr-., a—D PAGE: l FRE PAlD 1,495.35 1`49 35 176.Cm 17t:.O'D 176.00 � RUN DATE: CY/30/1�� U�41�00 _ YOUCH[R ��I5TER PAGE, 2 DUE THRU' 1O��/199O PR�PAID FUND/SECT'ACCT-PROJECT-ACCT PO � lNVOIC� DESCRIpTlOn AMOUNT DATE CHECK REGlNO' ASTI��A V01 -23O02'- 48877 REFND/DEPST-SyC CYN PRK 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERG 5V.00 TOTAL 3UE YENDO9 50.VO 001409O'42125- LDN� DIS�AN�E PHN� SVCS 10�.53 V314090-42125- �ON8 5lST4NCE PHNE SYCS 1.0l 7OTA� PREPAID� .00 TOTAL YOU��6S 107.54 TCTAL DU� VEN�3R 107.54 ATHENS SERVICE8 0')155�S-4�301'- 785� ST SW�[� SVCS'JULY 1�,842.18 �015510-45501- 7859 ST SWEEP SVCS—AUG 6,07 .2-P TOTAL PREPAlD3 .00 TOT�L �OUCHERS 18,914.46 TOTAL DUE VENDOR 18.914.46 LAVONNE 8EMENT OVl-3473O- REFUND'STATELlME EXCURSN 25.00 10/06/1998 35142 TOTAL PREPAlDS 25.00 TOTAL VOUCH�RS .VV TOTAL DUE VENDOR 25.00 BNI GUILDlNG hEW3 80155L�'4232O-- 7751 PUB WORK6 PUBL'98 GREEN8K 60.82 TOTAL PRBAIDS .VV TOr�,L VOUCHERS 6O.82 TOTAL DUE VENDO� 6�.82 0��535V-453(0— 78� ��1v/��3S�JULY/AU2JS�-COuTRACT�*CS 97.705.62 T�rAL ��PAlCS .VO v T[�u. VDUCHERS 97.7C�.62 TOTAL DUE VENDOR 97.7O�.�2 �nIAN SDSERT� 0��40»�'4400� 7o8� ���lO/VISU^ 5VC5-8/25 MTG 75,O0 TDTAL PREPAIDS .00 TG':A- VOUCHFRS 75.00 TOTAL DUE VEN3DR 75.O0 BRTES INC 0('�551O'45227' 7641 98)92� RETAlNlNG NALL lWSP'AUG 69.O0 ;O1551V-45227-' �0921 ENGR 1MSP SVCS 176.03 t�15�5�-45223-- YS�911 [NGR PLAN C -RJCK TRAIL 258.53 OO1555'45223— v��y1z ENGR PLAN CHECK SVCS 119.28 TOTAL PREPAID2 .00 TOTAL VOUCHERS 622.84 TCT�DUE VENCOR 2.o4 � RUN DATE: 18:41:03 VOUCHER PEGlSTER PAG, E� 3 D11,1E THRU, PREPAID FUND/SEC -ACC 'PROJBT-ACCT PC # lNVOl AMOUNT DAT[ CH�CK BUDGET RENT A Wr. OS�4095-4233O-- 796� ICSC COMF TRNTP'9/28'25 25G.�� 10/0�/1Y98 35145 TOTAL PREPAIDS 258.�O TCTA� YOUCHER9 .00 T3TAL DUE YEhDOR ANTONlA C��A��A VO1'34780-- 27577 RECREATION REFUND 45.00 TOTAL PREPAIDS .O0 TOTAL VOUCHERS 45.00 TOTAL DUE VENTH0R 45.00 SHELLY CAUBLE O01-23002— 4��4� REFND/DEPST-SUMTRDGE PRK 50.0� TOTAL PREPAIDS .O8 TMT VOUCHER5 50.00 -T- -14030-42325-' 14 -42, 3 2- GEr MEM8ER M T G CMGR 7.0O 18/06/1Y98 35140 O01401O'42�25- GEN MEMBER MTS'9/16'CCNCL 28.00 10/06/\Y98 35140 TOTAL PREPAIDS 35,O0 �-TAL YOUCHERS .00 TOT�� DUE VEwJDR 35,00 LAN J� C�,ANG V0�-34780'' 2�Y»4 R�SEATID� REFbND 39.0D ��TAL TOTAL PREPA�DS VOUCHERS .V0 39,00 TOTAL DUE V[N3G� 39.0O �E� CHANG 0C�-3�760-- 23!;2 TOTA� RECREATIDN 3EFUNn PREPAID5 221.0O .00 rOT^ VDU��E�� 221.0O �H���� AGBOTT ASSGClAT�S �NC O0155�o-45227 SVCS M*`'JUNE �.139.36 �12555�-4552�'- 7788 ('49 4�� AUS-�G SHTl l@SPECTN 4CC.00 0015558-45510'- 778B 049 4O� ��-TREE W' 7:7 SERVICES 2.115.2O C0�5�58'4�B8' 77B8 V4Y'�ov A�G'P�WY�W�ED A�ATE ��CS 4`525.08 2505510-46412'14799-46412 7931 049 4\0 PROF SVCS SCHL TRFC STD/ 20,992.94 25o5510 -46412-147Y9'46412 7931 V49'4;� PROF SyCS'SCHL TRFC STO\ 4,407.38 OT A- PREPAIDS .80 TOTAL YOUCHERS 38.579.96 TOTAL DUE VENDOR 38,579.Y6 001-34760- 27771 RECR�ATlOu REF�mD 118.VO �3TAL P��F�I3S .00 TO VOUCHERS 118.O0 T3TAL DUE V[NDJR 1\�.00 aw RUN DATE: 09i'_l0/199i-i18:41'0'_� VOUCHER REGISTER PAGE'4 PREPAID FUND/�CT-ACCT-PR8JECT'ACCT PO # INVOICE DE-- KIPllON AMOUNT DAT[ CHECK Cl��C�P��IOm 001��10-4213S-150�82878 L�IF��-P�� -'TF- W/OF9/7 �9.47 OO153��'42130— 7539 15O181799 UNIFRM5-�� STF'W0 1 19.47 O0�53�o-42130— 753� 1501O5009 UNlFRM�'PRt STFF-W/OF9/2� 19.47 0O15S�O-42130— ��S� 1501��7D :N�FRM�-PR� S�F-W/OF9/14 TOTA^ Ppr:,AI[� .00 r71TAL VOUCHERS 77.88 TGTA- DUE VENCSF 77.86 COMnUN, ITY lNDUSTRIES 8�15558-4-- J��NT B39.44 TDTAL PREPAlD� .00 TO7x� VDUCHER� 839.44 TOTAL DL� VENDOR 839.44 3�J ENG;�EERIHE 48.7Cz.96 T`7���C��� TCTA� -,j7 YEN3OR 48.701.96 C��LY E�LLETln/ai�) �BAljn >00.0O .O0 VV1 211O4 SEp�'DE�TAL PR��S �CTAL PR�P4��S 1.��.97 06/|998 35137 1,337.97 TOrA^ DUE YE�3OR 1,337.97 D:-- BDTm' 0 T VOUCHERE 1.190.0O r��AL CUE »E�O�� 1,i90.00 L!NDIN & A8S71C7A7ES 2���51�-�411'12498-464i1 �*1�'^ OB REHIAE SVCS -AUG 8,328.O0 ���551C'464L1-- DB�1VA1/5577 STDY TOTAL PREPAIDS .00 TOTAL VOUCHERS 10,121.00 TOTAL DUE VENDOR 1V.128.00 DIAM8ND BAR BUSINESS �S0CIATES #19 001409V-42140' 7830 OCT LEAGE'SUITES l0O.19O 15,684.30 TOrAL P9BAIDS .0O TOTAL VOUCHERS 15,684.3O 7". Al DUE VENDO� 15,684.30 ow VO;CHEP �ER PA6 : 5 �;- PREPA ID � DZ L-1I� AMOUNT DlAM��D �� CHAM8E� [� CO�M[RCE t��4�9S'4a000— 77�� PRDF SVCS'OCT23E[ 1.00C.0� TOr�L pREPAlDS .0� TOT�- TSTA^ VCUC9ERE VE�--; 1.0{�.0i 1,000.0C DlAMOND BAR GOLF E 0Ol���-42325-- 8AwQT'9.'2� D- �T� LEA[�� 3.V40.Cm 10/0u/1998 35139 �OTA� PREP�I�� 3,0��.VV TOTA� YOUCHER� .8C TDTAL DUE �E�DOR DlAMOmO �� HlLLS CL�9 FACILIT; RENT'P&R CLASSES 1,O17.5S 001535O-4214C— 7�� �145�/57/58 FAClLDY ;EWT'P&R [1ASSES 0��535o'42l40— r92^ 9�57� TY RE��-P&R CLASSES 3.167.50 PREpAIO6 .00 TGT�� VO3C��� 8.167.5� TDrAL DUE VEsCOR 8,167.5� DlAH3�0 BAR IMPR[�EME$- ASS CI���DN 00�40�5-�2!15 ' 792� 2�8^ AD-DBA�Ti LEAG� CH�MPS 440.00 TOTAL pREPAlDS .00 TOT�` VOuCHER5 440.00 �3T�� DU� VENDOR 44'D. Cf. �l7 7 8A�/ INTERmATl�N�L JELl �01��?� 423l�' 7��J/��E% MTS SUPPLS CT\ CNCL 9/15 i4�.2� T3�AL PREPAIDS .0V TOT�^ VOUCH[HS 146.23 TOTAL DUE VENDOR 14u.23 DlAMOND BAH REOEYELOPMENT AGENCY O01-13150 - ADVANC[-1V/^ EXPENDIT0lECS' 25,K.1V TOTAL PREPAlDS .VV ~ TOTAL VOU[AIERS 25.883.1V TOTAL DUE VENDOR 25,883.1O bIcmrll0PHOTO Oh14O95'42�12— �9682� PHOT[ PRDCES� SERv��ES 35.12 COl4�75-42\l2— 19��O FlLM PROCESS SVCS 8.71 TOTAL �OTAL VOUCHERS 43.83 TOT/- 43.83 DIG�E`L�� S��535�'4531t— 7��� ��2Y7AO8l DA� C�� EXC��'8/1S/9B \,17u.00 73AL AIlb 1,17�.O0 T�TAL �� VENDOR �,l76.00 09/30/1�� 41:(�PAGE� � 2 -'��� PRE�AlD l�1.) 7� ��9lpT�Dw p f1l 0 U N DlVEH�IFIEC PAR�JRA� �:� 2.lZR,O0 0�LPPCPn,In .� T M.T����R �[TA� 2�� VEH�� 2,259.0; DK*E ASSCCIATE� 7/� 7TAL VG��HE� T[.�L TDTAL �� VE��Op �.472.8� E�PLOYMEN V0�4ip0-�0Y�'' 3R� -TP �DMPLYMT INSR:CE 534.(W TOTAL PRE;AI3S .Cm TOT-_ VDUCHER� 534.0O �OTAL DLE VEHDDR 334.VV FLAGSHIP DISTR7BUTORS CO15350 453o5-' 79V2 2151 8UNTlNS'CONCERT STAGE 1i1.02 TOTAL PREPAIDS .OV TOTAL VOUCHERS 111.V2 TOTAL ri 1. VENDOR BILL FLANNERY 12�4��1'4234V-' RE 14 SHERIrr'S TRNS 243.35 10/06/1998 35146 L! 7- 343.35 TO��L VOUCHERS .00 77 AL DUE ��u�OR 34S.35 F��2 3rS�EMS lkC. -` �TG �cP�LS'9/2'CCNCL 17.86 TI,AL PREPAIDS ,0O \7.86 ~ ��AL DUE VE�Q� 17.O6 FDOT*�LL TR��IT 7ONE ����53'45533— 772� 870� TRAmSIT PASSES'­UG98 87 ��2��3 45535'' 7722 870� TR'N8 SU8SDY'FARES-AUG 5.425.6O TOTA, PR -n- - O - .0O TOTAL YO�CHERS 6,645.47 TGTA� �U� vENG�p �.,645.4� SFB F��[�RlC� & AS��IATES lNC 25u�215-46420-�J98-�6420 98o8-OY/7O72 CD8C HN�Cp RAM� �Q'SEPT 1.717.0o 25�551O'46411-014Y8-464\1SLURR/ SEAL -AREA 1'JULY 2,778.00 15 SID 9B08'o9/7V72 CD8. SIDEWLK SVCS A�G-SEP 3,149.0� 25V5510'��41i-01498-46411SEAL EA1'JSL/ 57�.00 rOTA- PREFAlD� TC�4- D�[ Y[N�Or .00 O.220.00 � DATF- O9im/1�� THRU' P. F., E P A I T FUyD�SEC -ACC -PROJEC -ACCT PG # IcICE DESCRIPAMOUNT [HED( GOLDEN WES7 GRAY�lCS 0014050-4211V- 7789 016869 2'PART PAL CH[C�S 1Y8.14 TOTAL PREfAI5 .V0 TOTAL VO��ERS 1Y8.l4 TOTAL DUE VE�0R 198.14 NANDSDNZALEI C�1-2�02'- 48617 REF�0/DEPST-SUMTRDGE 50.V0 TOTAL PREPAlDS .VV TOTA^ VOUCHERS 5".V0 TOTAL D VENDOR 5O.O0 GRAFFITI CONTRQL SYST�8 0015558-45520'' 754^ DBO898 AUG-GRAFFITl REMOv�L 2,040.06 TCTAL PPEP AID6 .00 TOTAL DU[ VENDOR 2,040.0� GTE CALlFORNIA �185O98-42125'' PHON� SVCS'ClTY ON LINE 163.94 O014095-42125- PHONE SVCS EC[� DVLP 48.40 O01�O90'42125 PH�%� S;CS'GE; GOVT 2.231.32 OO14010-42l25-- MODEM SVCS-CCNCi- 48.42 T�r�- PREP�lDS .0O H.- LTC7&� T,- 7 DU� VEN77- 2.492.O8 pORE�w OO�5�10'45��- 7�31 VJ7�5� INS'� SV�S'JULY 209.4� lNFZECTk SVCS'JULi p8 PR[F SVC�-EN 173.27 YOUCHERE �.062.67 7-7 71' *}|cu4�-4120O' 7�2» REl_B'��pPREP SLpPLS 128.06 T�T�L P�E�Ai3S .o; 120.0- T��AL 9UE V;�NDOR 12O.0t "I Qlz pAl� .00 TCT�� V0UCHER� 5O.CN ��AL �� VENDOR 5O.O0 DO� �ENSLB 0015314 412O0 7933 83907» RElME-�RT� CO� CTR SUPPL3 �3.39 T3TAL PREPAIDS .00 TOTA^ VOUCHERS 63.39 TDTAL DUE VEKD3R 63.39 F� RUN DATE: OQ /30/199c,' 18:41:03 VOUCHER REGISTER PACE. D`!E THRU: 10/01-611199? PREPAID :'!NT"�� T-`�LT-''t: E - F? !NV07CE _ESC P1F? M" AMDUNT DATE CHEC4: HER;-: 4!E GFC^ LFAR' I?'C _- 7T T!ITAL PREPHT Tr!T.. _ _'-HE:..'_ .... � _ HTGH°"=Nd; .47 =•LFrI u-Hz I USM., CT^ 7'r SIFF 277 V 4 4 , - _I^.� ._bra_._ • _ _ 40,'v t; ,- ttv i%. . .. _.. _ 49iK'V-- tai LIJ- • . _. _ 1 1, 1;-.' M5^ 5:C---J:l``i_-AUG 'A*4'...-- �:�i ul.1L .1w4 'cN`r f'IGM 3Jv,7�JiiL'AU1� TOTAL PR 'H1i; TDTAL 'VOLCHURS 2 420.1 TOTAL DUE VENDOR 14' 0' H ATT REGEN-L", /LGNu BEACH v 14011-0-42330— C. . ACCU!'I CONFF-10/ 1-4-CC'CMGR 744.`'6 1tN6,,, 1'-+' c' 35141 TL `;EFAI i': 744.50 • I_..." Ui..r�C�L Tu i AL U':JE ' Fn'Ii)R 744. �l w �M DATE` 09/30/�98 �8�4L�V3 ;OV�HEP ��I5TE� PAGE� � �� THR�' 10�m/1998 PREFAID 'TE ��� lNl_AN] EmPIRE 112�'4�]V— TCTc� pREPAlDS .0O TOTAL VOUCHERS 328.O0 �OTAL DU� VENDOR ��.V0 lNLAMD EMPlRE STA3E� o�1�35�-453lo— 7�c(. O82�9� EXCU�6-[''2�'27 STATELIN� �.O10.VO �12536h'4531O— 77vC 0826�8 �RuGP-Ex��S-S���ELlNE TO��L PREP4IC� �62.00 TOrA� VOUCHERS .00 z,��.C� TOT�� DS� VE���� 1`472.OV ��14395-421�o— 7��� EXpC 5p�� FE:__��� 9�� �� 35144 ��L Tr- 1.9j.v T P 7.������ .� �NTE3NAT�ONAL SERVI�� lNC O0 4411 -4541O— 786 4463 CRO" G -D ,C) .90 0T� ��AI7 ,00 T 0 T VOUCHERS 2.097'9O TOTAL Tj­ VENDOR 2.097.9V ISTIK 77 C -Mr! MTCS-7�,2/13 �� PF,;�PAI- Tp it���� �]�L DUE VENDOR 80.0V KYBR LORWARC7 0�1404� 41�W 98 �ECTI�S CODE'SFTWRE 3Y.54 TGTAL PREPAIDS .VV TOTAL VOUCHERS 39.54 � TOTAL DUE VENDOR 39.54 �EAGUE OF CA ClTlES �'��4o1:-4233� CON� REGIST'1O/3/98-CCNC� 135.VV 10/06/1998 35147 TCTAL PREpAIDS 135.0O TCTAL VOUCHER� .0C TOTAL DUE VENDOR 135.VO 3ANNY �� 801'347AO' 279z� RE��ATlOh p�FU�� 38.0O TO�� pE DS .OV TOT�� VOUCHEnS TCTAL JUE VE�JOK 38.O0 38.O0 ^EIGHTOu � ASSOClAT�S PR�F S EM 9�-139 37O.O0 �0/ 23t�2 592O PROF SVCS -EN 98-202 430.O0 `S�A� �OUCHERS CO � A'E DPI :�� '-JE 71HR.Ul' I PREEP.Ai -Ar T P7-rilk 1417 AMCUI� LATE JOYCE TOTA- Va-Clj-c-`c- I kTC. —71 4 2 L T OTL YOUC EFr- i CH TOTAL I.I. U I E VENDROF 120.00 -.-476-fu- - F,--EATION' RE-UNu 4M, T j- T A L PREF AHIS TO 'Y01 40i ,0i! 4 k'i Tj 7 -7 T `4t; -T 7c-- 4, T 10 T --- DUE Ou" NTR CHr; --31: J1114 NE H 2 T-Pr - S 4C: ow YOUCHEF REGISTER PAGE: 11 DU� THRU� ��� AM� r.'T_ C� MACADEE P: CI'T_�I�Ll, C7iNS ­,-TOx Z5O551O-46412'107«8-4��12 'GTLSp/���0 5 00i 65 25O5510-��412-l0598CONS TRF� , F NAL 940. '40 TnTAL PREPAlDS TOTAL VOUCHERS .V� 8,950.95 TOTAL DUE VENDOR 8.950.95 MARIPOSA HORTlCULTURAL ENTERPRISES 133553S-422\0 78V� �2968 IRRIG }PS'GLDN SPRG5 2 293 �4 1385538-4221V'' 78O� l2967 ]RRIG REpAIRS-GRAND AVE 2`63945 TCTAL PR�"AIC� - ' TOT�L :OU:�ERS .VO 4.932.79 TDT�- DUE VENDOR 4,932.79 �4�TEL ELECTRONICS VOi40+0-462O0'' 7��� 5l9�� TEL[Y MOuC �O�'YETTE MAC� 461.17 TJTA� �REP�IDS .00 T2TAL VO�C�E�5 461.17 R�C|| MARTINEI TOTAL DuE vi _F 461.17 OCz-23002— RBND/OEPST HRTG PRK 50.O0 TCTAL PREPAIDS .00 -GTuV�U�HERS ` 50.V0 TERRI �CLE�N �OT�L DUE VEN�OR 50.V(/ , l7�38 REZREATI[� REFU�� TC�AL p�9A�O� 174.O0 VENR .O0 �74.m3 T ­AL PREFAID� .00 VO��+�RS TOTAL JJE YENDOR 80.80 n�2l.E |�3DbLAR ��AGEME�T GROUP 40— 7524 z�SYC[Y�BLDG'8��5-»/1� 416.76 TOTAL �REP���E .00 411-.7� ��Ai �E VEmDOP 76 3 C., .V uE� ���E NICHOL� ^ V�'-230O2— �� ­—PE''�p� |ur*L P�EPAIDS � . VOU"HE�S .00 50.O0 TOTAL DUE VEN�� 5O.00 'RUN, BATE` t;'/:c?i1 = IS'.' 41 V 0 LC H E F R E Gl 1 S T_. BU7 THRI- T"-- IN UITLil.L L E jj DATE 01 F: 7 C E D E PE 7 KY _j T7c-r IZA T�T n:v 77 - FF `N- F ENE A -1 A7 7 7F F F -Es 1 ..j 74 A.R.,w T D - I 7 i 4'f)"i-41 2 L M C!:7cc T -1tJ T T;,' T- Q E Ir I D T OTAL V Ol 11 H E R'S 7 rITAL DUIC I 't-ND.Or UA' =y HL!Mr�,I��l COCT-Ty ON 4431 7-� nR.jTp­ TOT AL PREPAIDS Inp 1.7 cn/av/��� ����l�OS �OUCHF ��lSTER PAGE� 13 rl:�- 7HR'� PRP_ P�lD ���/SECT'�CC�'PRJJEC '�CC PD # I�QICE DB-7..IPTI3N AM0UN 6ATE CH[CK x��FHS SROCEP �O�P�u` 00�5350'L120C - 752 /��H RECREA�I[� SUPPLS [�-j LV :chi� DE EjI7N 2� � 52�/OpE� RECp�^-�[� SUpp�S 4~ 37 752�/OPE� RECRE TIOw SJPP� �t 0O �-°- — 752�0�E �ECREu IDu 5UPPL 44 3' oJ1���-4�2*)— 752�/DPEw TIN^ -ZS VEhG�n r! FK rOTAL PREPAI3S .C* TOTAL VOUCHERG 219.24 72TAL OUE YENDOR 219.24 REpRO'G�AP�ICS PRES5 ��25553 4�529- 78:l 92�� DIAMJN� �lDE z'AMPKLETS 173 O9 OV�4090-42�10- 7 99 9284 BUSluESS CARD IMPRINTS 0��4O?C 42110- 7��� ��7� STATlONA�Y S�PPLS-LABELS ��TA|' PREPAIDS 77'O4 .00 T2T�^ YOUCHE�� TOTAL DVE �ENDOR ��.92 279.9l � & GERrHON 00�-23010' 7839/OPEN PROF SVCS'FP� 92'V01 JUL 9l 50 ` �0�-230l0'' 7839/OPEN P�F SVCS'FPL Y3 - CC" -JUL 78 0V 0014020-4402V 7839/OPEm JULY LEGAL SERVlCES ' b 612 22 0Vz'23V10'' 7839/OPE� PROF SVCS-FPI 9o'049'J1jL 2,329.VV TOTAL PREPAlDS .VV TOTAL VOUCERS 9,I1V.72 TOTAL D U, VENDOR Y,110.72 RKA CI�lL EHGlNEERS -4 223 u948/7�9� PLAN CHECk SVCc�'FEE'JUL 3 5�.56 TDTAL PREPAl2S TOTAL VOUID HER� /3TAL SUE VENSOR .V0 35�.5� �l�IA�A ROuAG 4882� RE=ND�EPST'5yC CYN PRK 5O.00 T�T�� PREPA�DS .0O 7 - Th" L VOUCHERS 50.00 rOTHL DUE VENDOR 50.00 r��TARY CLUB OF DlAMOND E: R. O0l5356-45305 79�B Lu CESSNSs PRK STAF TO�AL PREPAIDS 467.50 TJTA. VO��HERS .00 467.50 r37AL DUE 467.5O � R�LN! [ATE� ^ VOuCHER ISrE pAGE� 14 0z THFL 1C��'��� nnoumT PREPAl� �JE C�ECx LjS- RUS� 001'3473�— 2771� RE-R-7TION RE�UND 73.00 TOTAL PREPAIDS TOTAL VO�CHEPS .0O r0AL �� YE�DO� 73,0C 73.;0 001-23O0l 17,�� REFN}/D�pST-RON N 50.00 �OTAL PREPAIDS .VV TOTA� VOUC�ERS 5V.V0 3UE YEN3OR 5:.V0 NI --DINE SANCHE 0C�'230O2 48S�l REFND/DEPS�'SUMT�;E 5V.VO TOTAL PREPAIDS .00 TOTAL VOUCHERS 50,OO TOTAL DUE VENDOR 50.00 SCUTT'S HIGHLAMD AIR IONIHG VV15314 4221�' 7941 3688/3687 A/C'HEAT REPAIRS-HRTG CTR 572.Q TOTAL PREPAlDS .O0 TOTAL YOUCHER­ 572.63 TOTAL DUE VENDOR 572.63 �:-6SlAmG SpIH �o1-2��O2— 4S�i� RE�m�/3��ST-HRTG PRK 1O0.O0 TOTAL pREPAIDS .00 100.00 TOTAL DUE VENDOP 1010.00 7T% Tw 89.97 -OT4L n�EPAID5 T[��� vOUC�[RS .00 89.97 ' �CUT�ER� rDrAL DU� VE�D3R 89.97 CuL�F�R�[� EDl�3w Z��551V'4�4\2 LE�� P�D�S�A�-TRFC 5IGNL 573.5V !1, r:'-'- 35143 TOTAL REPAIDS 573.5O r�TA� 2UE VENDOR T71:�B�I� 573.50 .N) ~ ° THR�� FAD �/SECT - ACO/- PRO;�[T'�[ � # INVOICE rL D EBAT / DATE CHECK 01014096'42325— V014090'423Z5'- 7t6//OPEN SUPPLS-CC STD' SESSw'Y/15 15 96 O��4V9V_��25_ /6610PEN MTU SUPPLS-9/22/Y8 OOl409O-423Z5'- 76t 1/DPEN SUPPLS'TELC� TSK FRC'9/16 19'y5 76o1/UPEN SUrPLS'DBAR �TLE LEAG-9/z 11'p7 T[7�^ PR[PAlG6 ' TDT^^ D�[ VEN[.O; l27.68 �27.68 WxDLE ��ILADA O��535o'45305— DI��'�� E�AC� �AN�-7/1 52�.25 10/(�/�YY8 TOTA^ p�E�4ID� 369S4 TCT&^ YDUCHEPS 523.25 .0V DuE VE��OR 523,25 _ 00�4 /�uz 344� TEM� SVCS'9/z�-9�2'CCLK TSTAL =R��AIDS 48 t4 ' TOT4_ VOUCHER- .C(` `STAL 48.O4 �UE YEN3OR 4S.04 JEA� T5AI 48��� REFN�/�'EP��'HR�E COM CTp TGT�i AM-- lDST0TA^ 200 00 T 0 V,0UC�ER� .VV , OTA� DUE VENDJR 2OO OO ' 2VV.VV TWIST ��D SHOU� �'�E�T Oo�4VY�'�2325-- ENTERTAi��N--12/9 CELEE -TAL PREFA�DS 445 03 ` r�T�L YO�C�EpE �OTA� .00 44�,O0 4410V— 3UE VE��H 445.00 aH� VENDOR 40 00 ' IMCORP3RATE� S��5J5�'412O0- 790� W75��� REC[IPTS-REC S�rTWARE 24� 49 TDTAL nREPAIDS ' TOT& VOUC�ER� .0O T�TAL 244.49 3UE VE%DJR 244.4Y ° ow VOUCHER REGISTER PAGE: 16 THRC: FUND/=CT-ACCTf�GJECT-�CCT PC # INyOlCE �3��IpTI�� PREPAlD AMOUNT w*LmUi VALLEY WATER �ISTRlCT 141541'42126— ��TER USA3['ZS� #39 160.2� 0O15558'4550v— WATER _SAGE'DlST #41 0015316-4212o— TR�E WATER]NS USASE p5^4' 1385538'4212;— WATER CSAE�'MApLE HILL 2.4o6. 6 1385538'42126— NcTE- �S4GE'D�5T #3B pB7.�� OV15314-4212�— W�TER VSAGE OT -T *)1531C-4212�— N47ER LSA��'TAG� �* }NE WATE US�S�'PA�� GRO 2 34 -- 4 .:|A, PREPAIDS ' T8TAL VOUCHERS � ' T r.J7.,� 3Y.758.34 w��EN SIECK� 4' 4T 41�� PRO� 5�C� ��FC ENGR � 381 00 TOr�� vOUC"_RC .V0 OTAL D3E VE�DOR ` ' 1.381.0V wEUB FARG8 �� 127f4��'4236�— T�TAL ��pAI3S CRlMNA ��E��NSN AWARD 1O.NN.00 O00V1 ��A- Y8UCHERS ` ' �OTAL oO 10,O0O.00 �EST CDAST ARBORlSTS INC VO15556-455�p- 75�r �419S CIT' W3E TRB MAIN7-8/15 3 875 10 TCTAL PREPAID� ' ' TDT4� VOU��R6 .0* TCTAL DL� VENDOR � 875 0V ' ' 3.875.VO WEGT ENO UNIFGRMS V:�4415'412O0 47627''476�5 YLNT� PATR�L UNlFORMS 8997 TOTAL PREPAlDS ' TO�AL YOUCHERS ,00 TOTAL 8UE VENDOR 89.97 NEST GROUP 89.97 0014090-42320 ' 789Y 24455V53 CA ANNOTATED CODES-UPDTE3 TOTAL PREPAlOS 121.24 ' TOTAL VOUCHERS 'VV TOTAL DUE VENDOR 1121.24 21,24 `AOL �IG� >O�401.'0'4400V- 7�4 AUDIO/VlSUAL SVCS -SEPT �50 00 TOTAL PREFAlD6 71- 'T VO�CHEPS ^OO TOTAL DLE VEN0OR 350.0O 35O.O0 ow REPR-T TOTA- PRSFAlDS xEFORT0TIM-L%lou,rH-tp,c: REP0RT TOTAL f PAGE: 17 PREPA I D DATE CHECK 7.00 ... 94.�3 �.33 J. -.H) .00 50. "It", 82.165.4 1 24,2254.84 400. '30" � VOUCHEk REGISTER DUE TIH0U� 1o/06/1�� FuNO/SEC- �%Tf�OJE T-AC[r PO # INVOICE DESCRlpTlOH AMOUNT YOSEMITE WATERS V01531�-412h0— VO153�(-4213O-' 7518 ACCT 58292 DRINKING WATEF'HRTGE P ACCT -582Y2 SEPT'EDUlP RENT TOTAL PREPAIDG TOTAL YOUCHERS TO -1 DUE VENDOI�-, Z[E ME�IC4L 3[RYlCE 001-23SC2 ' 488r8 REFNO/D�PST-GUwTRDGE TCTAL PREPAIDS TDTAL VOUCHERS TOTAL DUE VENDOR REPR-T TOTA- PRSFAlDS xEFORT0TIM-L%lou,rH-tp,c: REP0RT TOTAL f PAGE: 17 PREPA I D DATE CHECK 7.00 ... 94.�3 �.33 J. -.H) .00 50. "It", 82.165.4 1 24,2254.84 400. '30" � CITY COUNCIL REPORT MEETING DATE: October 6, 1998 AGENDA NO. 41, (�, TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Treasurer's Statement - August 30, 1998 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 August, 1998 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for the Council's review and approval is the Treasurer's Statement for the month of August, 1998. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. The City's Deferred Compensation balances which are managed by ICMA are also being reported. The City receives ICMA statements on a quarterly basis. The balances reported are as of June 30, 1998. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October 6,1998 __,A REPORT DATE: September 30, 1998 FROM: Linda G. MagnusorY; Assistant Finance Director TITLE: Treasurer's Report - August 30, 1998 SUMMARY: Submitted for the City Council's review and approval is the Treasurer's Statement for the month of August, 1998. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) _ Other: Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? _ Yes —No 3. Has environmental impact been assessed? NIA _ Yes _ No 4. Has the report been reviewed by a Commission? NIA _ Yes _ No Which Commission? 5. Are other departments affected by the report? NIA _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: ACV- Terrence L. Belanger Li �GMagnus`bns City Manager Assistant Finance Director TREASURER'S MONTHLY CASH STATEMENT August 31, 1998 �, isoil oii �.vr S;<..., .. . .. d GENERAL FUND $13,500,282.22 $997,852.72 $1,193,229.87 $13,304,905.07 LIBRARY SERVICES FUND 108,336.35 679.66 107,656.69 COMMUNITY ORG SUPPORT FD 281.26 281.26 GAS TAX FUND 2,735,359.66 1,173.80 2,736,533.46 TRANSIT TX (PROP A) FD 1,713,513.20 36,613.90 61,692.11 1,688,434.99 TRANSIT TX (PROP C) FD 2,093,818.00 2,093,818.00 ISTEA FUND (40,303.77) 40,303.77 0.00 INTEGRATED WASTE MGT FD 157,320.55 12,212.05 4,131.70 165,400.90 AIR QUALITY IMPRVMNT FD 132,788.23 16,007.89 766.44 148,029.68 TRAILS & BIKEWAYS FD (SB 821) 28,838.65 28,838.65 PARK FEES FUND 275,037.55 275,037.55 S PARKS GRANT (PRP A) FD (451,932.18) (451,932.18) FACILITIES & PARK DEVEL. FD 1,337,215.32 1,337,215.32 COM DEV BLOCK GRANT FD (38,694.99) 4,302.27 (42,997.26) CITIZENS OPT -PUBLIC SAFETY FD 250,674.54 103.96 250,570.58 NARCOTICS ASSET SEIZURE FD 314,918.61 314,918.61 LANDSCAPE DIST #38 FD 441,632.43 5,855.87 21,564.88 425,923.42 LANDSCAPE DIST #39 FD 129,086.74 4,043.03 9,228.06 123,901.71 LANDSCAPE DIST #41 FD 280,949.84 1,639.90 850.90 281,738.84 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD (50,586.24) 312,273.63 (362,859.87) SELF INSURANCE FUND 906,517.63 1,740.58 904,777.05 TOTALS $23,964,184.36 $1,115,702.93 $1,610,564.06 $0.00 $23,469,323.25 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $3,419.15 PAYROLL ACCOUNT 1,042.38 CHANGE FUND 200.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $5,161.53 INVESTMENTS: US TREASURY Money Market Acct. $731,779.49 TIME CERTIFICATES 0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT FD 22,732,382.23 TOTAL INVESTMENTS $23,464,161.72 TOTAL CASH $23,469,323.25 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an investment pool of US Treasury Notes. Interest is credited to the City's bank account on a monthly basis. L.A.I.F - Effective Yield for July 1998 5.620% Money Market -Effective Yield for July 1998 5.032% CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT August 31, 1998 INVESTMENT: DEFERRED COMPENSATION ACCOUNT (AS OF 6/30/98) ICMA Retimmenr Corporation 457 Plan AGGRESSIVE OPPORTUNITY FUND 5,912.69 INTERNATIONAL FUND 9,493.73 OVERSEAS EQUITY INDEX FUND GROWTH STOCK FUND 6,559.56 MID/SMALL CO. INDEX 111,053.49 BROAD MARKET FUND 6,301.08 500 STOCK INDEX FUND 8 880 67 EQUITY INCOME FUND 6,638.82 ASSET ALLOCATION FUND 13,318.72 SOCIAL RESPONSIBILITY FUND 49,970.63 CORE BOND FUND 0.00 US TREASURY FUND 15,573.18 CASH MANAGEMENT FUND 12,074.95 PLUS FUND 3,370.14 GUARANTEED FUND 369,322.67 CONSERVATIVE GROWTH 0.00 TRADITIONAL GROWTH 2,640.39 LONG TERM GROWTH 52,836.74 MS MOMTM GROWTH 11,134.82 MS CAPITAL APPRECIATION 6,929.68 MS GROWTH 14,683.84 MS CONTR GROWTH 4,403.22 MS GROWTH & INCOME 3,717.57 MS SP SITUATION 18,320.85 10,061.27 TOTAL OF DEPOSITS 743,198.71 Note: These investment options are at the discretion of the employees. Due to the complexity of the funds, which are solely handled by ICMA, the City is only reporting the balances available in in the various instruments The reporting period reflects the most current quarter reported by ICMA to the City. TOTAL CASH AND INVESTMENTS $24,212,521.96 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. i Terrence L. Belanger, Treasurer CITY OF DIAMOND BAR MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Terrence L. Belanger, City Manager W FROM: Kellee A. Fritzal, Assistant to the City Manager SUBJECT: RESOLUTION OPPOSING EFFORTS TO MANDATE NEWLY HIRED PUBLIC EMPLOYEES TO PARTICIPATE IN THE SOCIAL SECURITY PROGRAM DATE: September 29, 1998 Federal policy makers are developing reform plans for the Social Security program. The mandatory inclusion of Social Security coverage of newly hired public employees and their employers have been included in several legislative measures. The money from the coverage would go to help re- balance the fiscally troubled Social Security program. One of the reasons why the new tax would apply to newly hired, presumed to be younger public employees, is because the Federal government would get the money today, with no obligation to pay a benefit -for some 40 years. Newly hired state and local government employees and their employers would be forced to remit 12.4 percent of pay. This could result in a number of different outcomes including new benefits structures. The Social Security Act of 1935 prohibited state and local employees and their employers from participating in the program because the Constitution bans Federal taxation of state and local governments. In 1955, Congress enacted legislation to allow state and local governments to voluntarily join and leave the Social Security program. In 1983,, state and local governments had the option to join or leave the program, eliminating the revolving door. In 1986 the Medicare tax (1.45%) was extended to all public employers and their employees hired after March 31, 1986. The Social Security program is in financial trouble. Since 1997, the Federal Government has been investigating methods to improve the funding shortfall. There are several options that are being discussed; however, in all options the inclusion of state and local employees is being considered. According to the White House, the inclusion of the state and local employees will result in the needed funds, it is simply a matter of fairness and it is every citizen's duty to participate. Due to the exclusion of not being able to participate in the Social Security Program, state and local governments developed their own benefit systems. These benefit systems require continued cash flow for investments that fund benefits, including health insurance. Diverting funds to Washington could reduce employee benefits. There will be adverse impacts on the public retirement systems. The California PERS would have to create two tiers of retirement benefits, those for the "newly hires" and the continuing members. Employees would be less likely to seek new positions due to the loss of the current benefit level. Employees in the same classification would be receiving different levels of benefits with different expenditures, based upon their hire date. As requested, at the September 15, 1998 meeting, attached are informational packets regarding the proposed mandatory Social Security inclusion of public employees. In discussion with the California PERS staff, members of PERS that transfer from one PERS City to another PERS City will be considered "newly hired" and be forced to join the Social Security program. This will create these PERS members to be in two retirement plans, costing the City and employee additional money. It is addition, as previously stated, the recruitment of employees will be more difficult. Attachments KF RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING EFFORTS TO MANDATE ALL NEWLY HIRED PUBLIC EMPLOYEES TO PARTICIPATE IN THE SOCIAL SECURITY PROGRAM WHEREAS, the President will propose early next year a plan to reform the Social Security program; and WHEREAS, the proposal may include forced Social Security coverage of the City of Diamond Bar; and WHEREAS, the City of Diamond Bar would become a Federal taxpayer, compelled to remit 6.2 percent of the salary or wages of newly hired workers; and WHEREAS, this constitutes an unfunded Federal mandate imposed on the City of Diamond Bar and other subdivisions of the State of California; and WHEREAS, in order to pay this new Federal tax the City of Diamond Bar may have no choice but to reduce services including law enforcement; programs for senior citizens and the disabled; parks and recreation; and WHEREAS, in addition to these reduced services, new and/or higher fees may be required in order for Diamond Bar to pay the tax; and WHEREAS, such new fees would constitute a double tax on the citizens of the City of Diamond Bar because not only are they paying the Social Security tax on their own salaries and wages, but also they would be funding the new Federal tax on the City of Diamond Bar; and WHEREAS, this new tax on the City of Diamond Bar is a shift of Federal Government responsibilities to our communities for which there will be no benefit paid for more than a generation; and WHEREAS, the President is encouraging a national dialogue on how to reform the Social Security program and is seeking input from all parts of the nation. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Diamond bar does hereby oppose any measure that would impose an unfunded Federal mandate on the City of Diamond Bar in the form of a new Federal tax on salaries and wages paid to newly hired workers. PASSED, APPROVED AND ADOPTED this day of 31998. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution Number 98 --was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the _ day of , 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LYNDA BURGESS, CITY CLERK CITY OF DIAMOND BAR, CALIFORNIA sCALIFONNIA mzfffERS October 1998 Mandatory Social Security Update White House Tells Californians Mandatory Social Security Is 'On The Table' A Clinton Administration official told a delega- tion of Californians that mandatory Social Security program taxation of newly hired public employees and their employers is "on the table." The tax is expected to be contained in a Social Security reform package being developed now and expected to be made final in December and sent to the Congress early next year. Representatives from the Washington Office of Governor Wilson, California Public Employees' Retirement System, the State Teachers' Retirement System, the City of Los Angeles and the League of California Cities told three ranking political and technical advisers to the President that the new tax would cost 1,700 California counties, cities, special districts and schools billions of dollars, bankrupting some. Furthermore, they said the new tax would: Result in reduced services; • Disrupt labor-management relations; and • Likely cause public pension plans to be closed to new members. The Administration was represented at the meeting by Karen Tramontano, a Senior Advisor to Erskine Bowles, the President's Chief of Staff; Karen Skelton, Deputy Assistant to the President and Deputy Director of the Office of Political Af- fairs; and Jeffrey Leibman, Senior Economic Advi- sor on the National Economic Council, who is co- ordinating the development of the Social Security reform proposal. Leibman acknowledged that mandatory Social Security coverage is "on the table" because it has been included in almost every program reform pro- posal to date, including those offered by the Advi- sory Council on Social Security; separate reform bills introduced by Senator Daniel Patrick Moyni- han (D -NY) and Senator John Breaux (D -LA); and others. Nevertheless, Skelton asked that the group pro- vide more information on specific impact -- by county, city, special district and school district. Tramontano also asked if she could hear from na- tional as well as local labor representatives, County and District labor councils and the State labor fed- erations. Leibman fixed on remarks by Ca1PERS Chief Executive Officer Jim Burton, who explained that many jurisdictions might be forced to drop out of their current defined benefit pension plans for newly hired employees. This would result in clos- ing the plans to new cash flow and possible serious down stream effects such as increased conservatism in investments to preserve cash for benefit pay- ments and greater susceptibility to market fluctua- tions. Leibman asked for more information from Burton. The cordial meeting took place on September 10, 1998 in the Treaty Room of the Old Executive Office Building, which houses the President's staff and is adjacent to the White House. Inside ✓ Summary of presentations to White House Staff, page 4. ✓ California public interests apparently not writing to President and Congress, page 2. ✓ Congressional delegation staff briefing lightly attended, page 2. ✓ Washington lobbyists say time is run- ning out, page 3. ✓ President's woes could result in stripped down reform proposal that would in- clude mandatory coverage, page 3. ✓ National coalition to aim at slow start ups in several areas, page 3. October 1998 Mandatory Social Security Update 2 18 of 54 Congressional Offices Send Staff Members to Briefing The California Institute hosted a briefing on September 10, 1998 for the staff of the congres- sional delegation on the impact a mandatory Social Security tax would have on California public em- ployers and their new employees. The one-hour briefing included statements from representatives of Governor Wilson, the City of Los Angeles, the League of California Cities, the Cali- fornia Public Employees' Retirement System and the State Teachers' Retirement System. A summary of their remarks appears on page 4. Each attendee was given a notebook containing mandatory coverage impact statements and back- ground materials on overall Social Security reform. Following the meeting, the notebooks were deliv- ered to those who did not attend. Of the 2 U.S. Senate offices and 52 congres- sional offices, only 18 were represented, including: Howard Berman (D -North Hollywood); Mary Bono (R -Palm Springs); George Brown (D -San Bemardino); Ken Calvert (R -Corona); Gary Condit (D -Ceres); Julian Dixon (D -Los Angeles); Vic Fazio (D -West Sacramento); Bob Filner (R -San Diego); Steve Hom (R -Long Beach); Zoe Lofgren (D -San Jose); Matthew Martinez (D -Monterey Park); Bob Matsui (D -Sacramento); Juanita Millender-McDonald (D -Carson); Ron Packard (R-Occansidc); Dana Rohrabacher (R -Huntington Beach); Jim Rogan (R -Glendale); Lucille Roy- bal-Allard (D -Bell Gardens), and Pete Stark (D -Hayward) Not represented at the briefing were: Senator Barbara Boxer (D) and Senator Dianne Feinstein (D); and Represen- tatives Xavier Becerra (D -LA); Brian Bilbray (R -Imperial Beach); Tom Campbell (R -Stanford); Lois Capps (D- Santa Barbara); Chris Cox (R - Newport Beach); Duke Cunningham (R -San Diego); Cal Dooley (D -Visalia); John Doolittle (R -Rocklin); David Dreier (R -San Dimas), Anna Eshoo (D - Atherton); Sam Farr (D -Cannel); Elton Gallegly (R -Simi Valley); Jane Har- man (D -Torrance); Wally Herger (R -Marysville); Duncan Hunter (R -EI Cajon); Jay Kim (R -Diamond Bar); Tom Lantos (D -San Mateo); Barbara Lee (D -Oakland); Jerry Lewis (R -Redlands); Buck McKeon (R -Santa Clarita); George Miller (D -Martinez); Nancy Pelosi (D -San Francisco); Richard Pombo (R -Tracy); George Radanovich (R -Mariposa); Frank Riggs (R -Windsor); Ed Royce (R -Fullerton); Loretta Sanchez (D -Garden Grove); Brad Sherman (D - Sherman Oaks), Ellen Tauscher (D -Pleasanton); Bill Thomas (R -Bakersfield); Esteban Torres (D -West Covina), Maxine Waters (D -Los Angeles); Henry Waxman (D -Los Angeles), and Lynn Woolsey (D -Petaluma). California Interests Apparently Not Writing President, Congress California public employers and employee or- ganizations are apparently not writing in large enough quantities to get their views on mandatory Social Security coverage before the President and the Congress. Letters to the President were suggested to be sent to Karen Skelton, the California representative in the Political Affairs office, but she reported to a group of Californians that the first she had heard about the issue was at their meeting with her on September 10. The low turnout at the Congressional staff briefing (see story on this page) is further evidence of a weak grass roots effort. Seven Agencies Write Although public employers and employee or- ganizations have been asked to send copies of their correspondence to the CalPERS Government Af- fairs/Federal office, only seven have been received. Letters were sent from the City of Roseville, the Penn Valley Fire Protection District, Yorba Linda Water District, City of Fairfield, Black Gold Coop- erative Library System, Public Agency Retirement System and the Santa Cruz Consolidated Emer- gency Communication Center. Action Needed Now To get issues on the Washington "radar screen" reasonable numbers of individually crafted letters must be sent when programs are being developed, not after they are announced. The White House is now developing its program reform plan. Letters should be original. Ten thoughtful communica- tions, for example, are more significant than 1,000 form letters. Write To: The President Your Senators and Congressman ✓ Present facts ✓ Explain consequences ✓ Stay on message ✓ Be nice ✓ Thank them for past help DON'T ✓ Trash Social Security, preach or threaten ✓ Tell them how to fix Social Security ✓ Send form letters PLEASE Mail or Fax Copies To: CalPERS Governmental Affairs/Federal c/o David Vienna & Associates 1020 N. Fairfax Street Alexandria, Virginia 22314 FAX: (703) 684-3417 October 1998 Mandatory Social Security Update 3 ANALYSIS President's Troubles May Not Signal Public Sector Tax Relief President Clinton's troubles may contain good news and bad news for those concerned with the extension of Social Security payroll taxes to newly hired public employees and their employers. Good News House Speaker Newt Gingrich has promised that he will not hand the President a place in history by giving him credit for reforming Social Security. If mandatory coverage is in the President's package, that may be good news for those concerned with mandatory coverage. Bad News But the Speaker could be wooed into a deal, es- pecially if the reform package proposed by the President contains an element that moves Social Security to a more private program -- allowing in- vestments in stocks through some form of individu- ally controlled accounts. Social Security is a transfer program. Money comes in from workers and goes out to retirees. If receipts are taken out of this transfer stream and in- vested in stocks, the cash needs of Social Security could be exacerbated. Congressional staff working on Social Security reform have suggested that pri- vatizing the program may require new cash and that obvious sources would be public employees and their employers. Federal bean counters estimate that $12 billion in revenues would result over five years from ex- tending the payroll tax to newly hired public em- ployees and their employers. This buys two years of extended life for the Social Security program. Even better, the Feds could get this money without having to put benefit checks in the mail to these newly hired (presumed to be young) workers until they are 65 -- maybe 40 years. More Bad News But organized labor and its congressional sup- porters object to privatization. They could make a lot of noise, frighten senior citizens who get very uneasy with any talk about reform and force a com- promise, encouraging Congress to adopt only con- sensus reform issues. One of the few so-called con- sensus issues is mandatory Social Security cover- age. From Around the Nation Some Slow Advocacy Start Ups A Concern to National Group Although several States have been actively pro- viding information to official Washington on the consequences of mandatory Social Security cover- age, there are critical pockets around the country that have been slow to beat the drums. Out front on the issue are Colorado, Massachu-_ setts, Ohio, Nevada and California. Starting to come on strong are Louisiana and Texas. In Texas, the Texas Association of Public Employee Retire- ment Systems, an organization of largely local plans, is trying to pull together fragmented state- wide teacher organizations and others. Connecticut has recently joined the national Coalition to Preserve Retirement Security, but little has been heard from Alaska, Illinois, Kentucky, Missouri and important pockets represented by House Ways and Means Members such as Balti- more and Phoenix police and fire, Shelby County, Tennessee (the Memphis area); and others. Coalition leaders are discussing ways to encour- age active participation by affected jurisdictions and employee organizations. Lobbyists Say Time Running Out On Hopes to Influence Decision Once the Social Security reform proposal leaves the White House and arrives on Capitol Hill, it will be very difficult to remove any element from the package, lobbyists forecast. If mandatory coverage is included in the Presi- dent's proposal, Congressmen wanting to remove it will be asked to come up with a proposal of their own to replace the $12 billion in revenues that would be paid into Social Security by newly hired public employees and their employers. "We've got to be certain that we are not in the President's package," said veteran City of Los An- geles advocate Jim Seeley. Jim Miller, the lead advocate for the Ohio Teachers' Retirement System, said, "it is going to be a struggle to keep mandatory coverage out of the President's package, but near impossible to pull it out once his proposal goes to the Congress." October 1998 Mandatory Social Security Update 4 President's Staff Told of Impact Resulting From Payroll Tax California representatives met with White House staff on September 10, 1998. The following is a summary of their presentation. There would be adverse impacts on employers; new employees and labor management relations; public edu- cation; and public employee retirement systems -- espe- cially in the out years. A table showing a 10 -year cost of $5.7 billion to California subdivisions, not including school districts, was presented. The California representatives said: • More than 280 cities, which spend more than 50 per- cent of their budgets on police and fire services, would be unable to shift costs to taxpayers, as has been demonstrated over the recent recessionary Cali- fornia economy. Many are currently paying 9 per- cent of payroll to retirement systems, and as a result of negotiations, employees in many cases are paying nothing. Under mandatory coverage, new employ- ees would be required to pay 6.2 percent of their pay with employers required to pay a like percentage. As a result: o Employers would be required to establish tiers, and tiers don't work. The City of Los Angeles representative noted his experience with tiers in the past. When the "black and white" pulls into the alley, the officer with the lesser salary and/or benefits asks his/her partner to go first. o With revenue from new employees diverted to Social Security, some employers would close their existing pension plans, and with no new cash flow, there would be a long-term effect. Even currently fully funded plans would be af- fected perhaps 10 to 12 years after the plan was closed. For example: ✓ There could be a change to more con- servative asset mixes to conserve cash to meet benefit payment obligations; ✓ There would be greater susceptibility to market fluctuations; ✓ Actuarial assumptions may need to be reduced; ✓ Income currently supporting non -vested benefits such as health benefits would be re- duced; and, ✓ Because plan sponsors are required to meet the benefit payment obligations, employers with closed, weakened pension systems would be required to raise revenues to meet the obliga- tions or divert funds from existing functions. A potential perversion of President Clinton's policy to support defined benefit plans and encourage em- ployer -supported pension plans could be a conse- quence of mandatory coverage. Some California public employers already are considering the elimi- nation of their defined benefit plans if mandatory coverage is required. The way they see it, manda- tory coverage would cause employers currently con- tributing 9 percent, for example, to pay their 6.2 per- cent Social Security tax; apply the remaining 2.8 percentage to a defined contribution plan and then drop the defined benefit plan. Some California public employers, particularly spe- cial districts in areas that have not shared in the State's economic revival, cannot afford even a.25 percent increase in costs. Mandatory coverage would result in layoffs or reduced services, such as the 24 -hour -a -day ambulance service provided by Nevada County's Penn Valley Fire Prevention Dis- trict, which has a primary duty of fire protection. Mandatory coverage would result in reduced reve- nues for necessary services. Cities currently spend more than 50 percent of their budgets on police and fire services. These are necessary services affecting the public safety. Higher costs resulting from the payment of Social Security taxes would result in re- allocation of revenues away from sewer, water, street, library, recreation and other services as well as programs for senior citizens. More than 1,000 school and 70 community college districts who currently employ some 425,000 teach- ers would be forced to continue to defer building maintenance and perhaps eliminate libraries and athletic programs. The impact of mandatory tax on newly hired employees would exacerbate fiscal pres- sures being felt as a result of a statewide program to reduce class size, which requires increasing the number of new teachers. Mandatory coverage would cost school districts billions of dollars. Some school districts would go bankrupt. California Representatives Governor Wilson: Brian Webb, Deputy Director, Washing- ton Office. CalPERS: James E. Burton, Chief Executive Of- ficer; Barbara Hegdal, Assistant Executive Office, Member & Benefit Services; Scott Vivona, Acting Chief, Governmental Affairs; and David Vienna and Janet Gregor, Washington Representatives. Ca1STRS: Jennifer DuCray-Morrill, Deputy Chief Executive Officer -- Government Affairs & Program Development, and John Stanton, Washington Representative. City of Los Angeles: Paul Cauley, Assistant City Administra- tive Officer, and Jim Seeley, Washington Representative. League of California Cities: Dwight Stenbakken, Legislative Director, and Eve Maldonado, Washington Representative. CALIFORNIA -.PRRS September 1998 Mandatory Social Security Update Delegation Staff Briefing Set; White House Meeting Sought The California Institute will host a briefing of California congressional delegation staff members on September 10, 1998. The California Institute is a nonprofit organiza- tion supported by the State's business, labor, aca- demic and philanthropic communities. The Institute educates California's congressional delegation and others regarding Federal policy issues important to the State and its residents. There are 52 members of Congress from Cali- fornia, plus the State's U.S. Senators. The delega- tion in the House of Representatives is potentially powerful, especially when its diverse members unite on an issue. The purpose of the briefing on September 10 is to continue the process of informing the delegation as to the impact of mandatory coverage. That Social Security Facts There have been questions raised about whether State and local government participation in the So- cial Security program was specifically addressed in the 1935 Act. Section 210 of the Social Security Act as passed by Congress and signed by President Roosevelt in 1935 defined "wages" to be covered by the new payroll tax as "all remuneration for employment. " "Employment" was defined in Section 210 as "any service, of whatever nature, performed within the United States by an employee for his employer, exce t...service performed in the employ of a State, apolitical subdivision thereof, or an instrumentality of one or more States or political subdivisions. " Also "excepted" or prohibited (in layman's terms) from coverage in the original 1935 law were agricultural labor, domestic services in private homes, Federal employees and employees of chari- ties, churches, humane societies, etc. For more information on the Social Security program -- from the text of the original act and the transcription of the 1935 congressional debate through the latest amendments -- check out www.ssa.gov. process began with letters and other communica- tions from their counties, cities and special districts following briefings on the issue held in August in 10 California cities. Making presentations will be James E. Burton, Ca1PERS Chief Executive Officer; William D. Crist, President of the Ca1PERS Board of Admini- stration; Paul Cauley, Assistant City Administrator of Los Angeles, and Barbara Dillon, The City of Fairfield's Director of Human Resources. Dwight Stenbakken, the Legislative Director of the League of California Cities, has been asked to present a statement from the League. A request is being made for a meeting with the persons making presentations at the briefing and White House political operatives. The real focus of the education effort is the White House, which may include mandatory cover- age in its Social Security reform proposal expected early next year. Earlier this year, representatives of Ca1PERS and other retirement systems were told by the White House Social Security reform coordinator that mandatory coverage was a "no brainer." The goal is to keep mandatory coverage off the President's Social Security reform agenda. INSIDE More than 750 attend Social Security briefings in 10 California cities.... Public agencies begin writing letters to President and Congress. Page 2 Members of Coalition to Preserve Retirement Secu- rity to give reports on education and lobbying prog- ress at September 9 meeting. Page 3 A former member of the Federal advisory panel that recommended new public employees and their em- ployers should pay Social Security tax says, "We have to get the money somewhere." Page 4 General Accounting Office says new tax on State and local governments could result in higher costs and reduced benefits. Page 4 C September 1998 Mandatory Social Security Update 2 From California 750 Attend Social Security Briefings Held in 10 cities More than 750 persons representing hundreds of California cities, counties and special districts at- tended briefings on the mandatory Social Security proposal. The briefings were conducted in August by Sue Myers, Ca1PERS Chief of Governmental Affairs, and Bob Walton, a Ca1PERS Assistant Executive Officer. They were held in Sacramento, Walnut Creek, San Jose, Fresno, Bakersfield, Pasadena, Riverside, Long Beach, Anaheim and San Diego. The briefings were part of a statewide effort by Ca1PERS to inform employers that they may be- come subject to a Federal payroll tax on their newly hired workers as part of a Social Security reform plan. Federal Officials Told of Impact Resulting from New Payroll Tax As a result of the August briefings, public agen- cies began writing letters to their U.S. Senators and Congressmen and the President as well. City of Roseville W. Craig Robinson, Roseville's Administrative Services Director, told President Clinton that the new payroll tax would cost his city a minimum of $5.7 million over 10 years. "That kind of increase would dramatically reduce services including law enforcement, fire protection, programs for senior citizens and the disabled, library, parks and recrea- tion." Robinson said, "we would not be able to main- tain the existing benefit structure" which would threaten Roseville's ability to compete with the pri- vate sector in attracting qualified candidates for city jobs. Santa Cruz Consolidated Emergency Communications Center Elsewhere, Michael J. McDougall, the General Manager of the Santa Cruz Consolidated Emer- gency Communications Center, asked Congressman Sam Farr (D -Santa Cruz) for a commitment to fight mandatory coverage and to oppose any Social Secu- rity reform plan that includes it. "While all can appreciate the value of the Social Security program, and the pressing need to restruc- ture the system, the restructuring burden should not be hoisted upon local government and their em- ployees by adding a new tax." McDougall said that the new tax would cost his agency $769,000 over ten years which would result in a tiered labor force and deter promotions. Penn Valley Fire Protection District Barbara E. Faletti, the Penn Valley Fire Protec- tion District Business Manager, told Senator Dianne Feinstein, that the cumulative ten-year impact on the agency would be $115,000. This added cost would either be passed on as a tax increase to the 10,000 persons served by the Nevada County fire district or cause a reduction in services. Faletti said that one of the services at risk would be the 24 -hour -a -day ambulance coverage that han- dles 800 calls a year. She said that the district may be unable to maintain proper equipment and tech- nology for fire suppression and rescue as well as various public education, fire prevention and per- sonnel training and certification programs. Write To: The President Your Senators and Congressman ✓ Present facts ✓ Explain consequences ✓ Stay on message ✓ Be nice ✓ Thank them for past help DON'T ✓ Trash Social Security, preach or threaten ✓ Tell them how to fix Social Security Send form letters PLEASE Mail or Fax Copies To: CalPERS Governmental Affairs/Federal c/o David Vienna & Associates 1020 N. Fairfax Street Alexandria, Virginia 22314 FAX: (703) 684-3417 September 1998 Mandatory Social Security Update From Around the Nation National Coalition Meeting Planned for September 9 The Coalition to Preserve Retirement Security will meet September 9, 1998 to hear reports on member activities to discourage White House and Congressional support of mandatory Social Security coverage of newly hired public employers and their employees. Californians expected to attend the coalition meeting are: William D. Crist, President of the Cal - PERS Board; Barbara Hegdal, Assistant Ca1PERS Executive Officer, Member and Benefit Services; and Scott Vivona, Acting Chief of the CaIPERS Governmental Affairs Unit. Washington D.C.-based California advocates expected to attend are: Eve Maldonado, League of California Cities; Jim Seeley, City of Los Angeles; Reggie Todd, Los Angeles County; John Freshman, Los Angeles County Sanitation Districts; and John Stanton, California State Teachers Retirement Sys- tem. The national coalition meets in the offices of David Vienna & Associates, which represents Cal - PERS. Representatives are expected from Connecticut, Massachusetts, Colorado, Ohio, Nevada, Texas, Louisiana and other States. The following are summaries of some of the expected reports: Ca1PERS Completes Employer Survey Meets with Employer Representatives Some 650 public employers responded to a Cal - PERS survey on mandatory Social Security that found that the aggregate, cumulative 10 -year cost to these jurisdictions would be $2.7 billion, a figure that neither included costs to employees nor school districts that employ some 350,000 teachers. Briefing sessions for employers were conducted in August in 10 California cities. Letters already are being sent to the President Clinton and Congress- men by California public employers. Retired Ohio Teachers in Sunbelt Warned New Tax Could Put Health Benefits at Risk The Teachers Retirement System of Ohio sent letters to its retirees in Florida, Arizona and other Sunbelt States advising them of possible mandatory Social Security coverage. The letters said the "con- sequences of mandatory Social Security coverage could be cuts in health benefits, cost of living ad- justments, supplemental benefits, survivor and dis- ability coverage and the basic retirement formula." Texas Pension Plan Association Surveys Lone Star State Employers The Texas Association of Public Employees Retirement Systems (TexPERS) has mailed impact survey forms to hundreds of public employers. The Houston office of Arthur Andersen LLC will com- pile and analyze the results and prepare a report scheduled to be delivered to the President and each Texas Congressman and Senator this month. Kentucky Teachers' Plan Estimates Potential $8.3 Billion Revenue Loss The revenue loss to Kentucky Teachers Retire- ment System over 30 years is estimated to be $8.3 billion. OTHER NEWS Texas Congressman Notes New Tax Impact But Takes Care to Avoid Opposition Sam Johnson, a Texas Republican on the Ways and Means Social Security Subcommittee, said that mandatory Social Security coverage would impose an enormous burden on local governments and "might harm the Social Security system in the long run by providing a short term infusion of cash into the system and delaying much needed structural improvements in the entire system." However, Johnson took care not to announce his opposition to the new tax. His views were contained in a June 26, 1998 letter to a constituent. National School Groups Announce Opposition The American Association of School Adminis- trators (RASA) and the National School Boards As- sociation (NSBA) have agreed to do anything they can to fight mandatory coverage. AASA has a leg- islative policy opposing mandatory coverage and NSBA opposes it on the grounds that it would an unfunded mandate. Coalition On the Web www.retirementsecurity.org September 1998 Mandatory Social Security Update 4 Payroll Tax Proponent Fails To Convince State Legislators The National Conference of State Legislatures voted to continue its opposition to mandatory Social Security coverage at its annual conference in July, rejecting a plea by a payroll tax advocate. Edith Fierst, who was a member of the Advisory Council on Social Security, said Social Security taxes on public employers should be made manda- tory. She appeared on a panel with Jim Miller, Di- rector of Legislative Services for the Ohio Teachers Retirement System. "We thought Social Security would do better because State and local employees would start to pay taxes right away and wouldn't get benefits for sometime.... We have to get the money somewhere. " In response to a question of why mandatory coverage continues to be pursued despite strong op- position and high cost to the states, Ms. Fierst re- plied, "We have to get the money somewhere. " The Advisory Council's 1997 report recom- mended mandatory Social Security coverage of newly hired public employees and their employers. Fierst said "we thought Social Security would do better because State and local employees would start to pay taxes right away and wouldn't get bene- fits for sometime." Acknowledging that the tax on public employers and their employees would not be popular, Fierst said: • Bringing them into Social Security would allow for the portability of benefits. Now, some peo- ple feel trapped in State and local government jobs because they feel they cannot leave until they are eligible to retire. • Under Social Security, retirees would get cost of living adjustments, which are now not paid by State and local retirement systems. Although she was challenged on this point, she pressed on. • State and local governments, in the periods where they were being pressed to increase earnings of employees, decided to promise them more in pensions and there are some serious debts building up around the country. Social Security would wipe this problem out. Those people expecting increased benefits from their public employers still could — they would get the difference between their Social Security benefit and what a public employer would pay them. It isn't a wipe out of extremely generous benefits — you offset them to some extent by the Social Security component. General Accounting Office Says New Tax Could Increase Costs The General Accounting Office (GAO) told its Congressional bosses that increased costs could re- sult from mandatory coverage in States and locali- ties, reducing retirement benefits in order to main- tain the same level of spending. In a study recently sent to the House Ways and Means Social Security Subcommittee, the GAO said the effect on public employers, employees and pension plans would depend on how State and local governments decide to handle the additional costs associated with mandatory coverage. The GAO estimated that the additional Federal revenues associated with mandatory coverage would reduce the program's 75 -year actuarial deficit by 10 percent and extend the solvency of the trust fund by 2 years. In another GAO report, this one to the Senate Finance Committee, mandating Social Security coverage for all newly hired public employees is mentioned as one of the financing options available to shore up the system. Check the Numbers Public employers responding to the July survey esti- mating 10 -year financial impact received their impact statements in August for verification. Please mail, phone or fax questions or changes to: CalPERS Governmental Affairs/Federal c/o David Vienna & Associates 1020 N. Fairfax Street Alexandria, Virginia 22314 Phone: (703) 684-5236 Fax: (703) 684-3417 By September 18, 1998 Final impact statements will be mailed with the Octo- ber issue of this newsletter. °""`°""'" Mandatory Social Security =.►PERS August 1998 Political Actionon Packet Federal Government May Impose New Payroll Tax Hundreds of California government agencies and their newly hired employees could be forced by the .Federal government to pay billions of dollars over a period of years in new Federal taxes if they are compelled to participate in Social Security as part of a reform expected to be considered next year. The money would go to help rebalance the fiscally troubled Social Security program. The reason why the new tax would apply to newly hired, presumed to be younger public employees is because the Federal government would get the money today with no obligation to pay a benefit for some 40 years. Newly hired State and local government employees and their employers would be forced to remit 12.4 percent of pay. This could result in a number of different outcomes including reduced government services,` new benefits structures and higher local taxes. The new payroll tax would be shared equally by the newly hired employees and hundreds of California counties, cities, school districts and special districts. There are currently more than 700,000 employees of the State and 650 counties, cities, school districts and special districts not participating in Social Security. Decision Makers Developing Plans Federal policy makers are developing Social Security program reform plans now. Already, mandatory Social Security coverage of newly hired public employees and their employers have been included in several legislative measures, but the most powerful advocates of reform, the White House and Republican Congressional leadership, are keeping their powder dry until early in 1999 when they will make their formal proposals. However, a White House Social Security expert said that extending Social Security taxes to the public sector is a "no brainer" and the Federal government needs the money. If a vote was taken now, mandatory coverage of newly hired public employees and their employers would be enacted into law. Grassroots Action Required Now Affected jurisdictions and their employees should communicate information on the impact of mandatory Social Security program coverage on their jurisdictions. Points of view are nice, but facts and impact can assist policy makers in their decision making. For example, California Senators and Members of the House of Representatives need to know how much the new tax will cost their constituents and the impact on State and local government program management and labor relations. What's Inside Background Chronology page 2 What Proponents Say Page 3 Getting to the President and Congress Page 4 Names and Addresses Page S ACTION PLAN, Projects to Consider Back Page August 1998 Political Action Packet 2 Background Chronology 1935 Social Security Act passed prohibiting State and local employees and their employers from participating in the program because the constitution bans Federal taxation of State and local governments. 1955 State and local governments could voluntarily join and leave the Social Security program. 1977 Persons collecting a pension benefit from non -Social Security employment were prevented from receiving full Social Security spousal benefits (see opposite page). 1977- Mandatory coverage of public employees and their employers contained in various Federal 1997 Executive and Congressional Branch proposals. 1983 Revolving door closed. State and local governments choosing to be in the program must stay in; those who choose to stay out must remain out. Public employees whose public employers did not participate in Social Security but who qualified for Social Security from other employment saw their Social Security benefits substantially reduced (see opposite page). 1997 Federal Advisory Council on Social Security recommends mandatory universal Social Security coverage of newly hired public employees. Council report says such coverage will raise 10 percent of the funds needed to rebalance the fiscally troubled program and it is a matter of fairness. Congressional Budget Office's annual report to the Budget Committees says mandatory universal Social Security coverage of newly hired public employees is an option to partially fix Social Security by raising $11.3 billion in new revenues over five years. White House working group begins weekly meetings on Social Security reform options in September. 1998 President Clinton says Social Security funding shortfall will be his top priority. White House coordinator of the Administration's weekly Social Security meetings says mandatory coverage of newly hired State and local government workers and their employers is a "no brainer" pro- position; will result in needed funds; and is simply a matter of fairness. Senator Daniel Patrick Moynihan (D -NY) introduces a comprehensive Social Security reform bill, S. 1792, that would provide for personal savings accounts and require universal coverage for all State and local government new hires. "Inclusion of State and local workers is sound public policy because most ... State and local government employees (who are) not covered... receive Social Security benefits as a result of working at other jobs," Senator Moynihan said. Newly hired public workers would join the Social Security program in 2001. National Commission on Retirement Policy sponsored by the Center for Strategic and International Studies, a business group, proposes on May 19 a Social Security reform plan that includes mandatory coverage of newly hired public employees and their employers. Ways and Means Social Security Subcommittee holds hearing on May 21, on mandatory coverage of newly hired public employees and their employers. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 6.8 TO: Honorable Mayor and Members of the City Council MEETING DATE: October 6, 1998 REPORT DATE: September 30, 1998 FROM: Terrence L. Belanger, City Manager Phil and Deborah Armentrout, Emergency Services Coordinators TITLE: Resolution No. XX " A Resolution of the City Council of the City of Diamond Bar Confirming the Existence of a Local Emergency and Ratifying the Proclamation Thereof." (Minnequa Landslide) SUMMARY: During the winter rains of 1998, a major landslide occurred on the hillside of Minnequa Drive. This landslide was so substantial that five homes were yellow -tagged by the Building and Safety Division; two homes on Minnequa Drive and three on Sunset Crossing Road. It is feared that further slippage may result in the homes on Minnequa Drive sliding down the hill towards Sunset Crossing Road. A wall of mud and debris slid into the backyard of the three homes on Sunset Crossing Road and remains there today. Due to a concern for the health and safety of the residents, the City is assisting the homeowners in trying to remedy the landslide by applying for FEMA (Federal Emergency Management Agency) Grant funds and/or CDBG (Community Development Block Grant) Grant funds. (continued on next page) RECOMMENDATION: It is recommended that the City Council approve and adopt Resolution No. XX " A Resolution of the City Council of the City of Diamond Bar Confirming the Existence of a Local Emergency and Ratifying the Proclamation Thereof." LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification X Resolution(s) _ Bid Specification _ Ordinance(s) Other: _ Agreement(s) EXTERNAL DISTRIBUTION: Community Development Commission SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A_Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? XYes _ No 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? — Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Be#ger Kellee A. Frijoe OWil Armentrout City Manager Assistant to City Manager Emergency Services Coordinator The grant funds would be used to hire a geotechnical engineering firm to investigate the landslide, prepare alternatives to reconstruct the hillside, and mitigate any future problems. The City was not required to declare a Local Emergency when the disaster occurred, due to the County's Declaration of a County -Wide Emergency, pursuant to Government Code Section 8630. However, the Community Development Commission has requested that the City Council ratify the Declaration of a Local Emergency passed by the County of Los Angeles on February 18, 1998. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE PROCLAMATION THEREOF A. Recitals (i) On February 23, 1998, condition of extreme peril to the safety of persons and property existed as a result of a geological movement on certain private property located on the hillside at Minnequa Drive in the City of Diamond Bar. (ii) These conditions were found to be beyond the control of local resources and warranted the proclamation of the existence of a local emergency; and (iii) Based on the emergency conditions, and to ensure that all appropriate relief was provided to stricken areas, the Chair of the Board of Supervisors, Los Angeles County, proclaimed the existence of a county -wide local emergency on February 18, 1998. NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED AS FOLLOWS: SECTION 1. The City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; and SECTION 2. That said local emergency shall be deemed to continue to exist at the Minnequa landslide area, until the threat is alleviated. SECTION 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this _ day of October, 1998. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on day of October, 1998, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAINED: COUNCILMEMBERS ATTEST: Lynda Burgess, City Clerk VTTV OF DIAMOND nAR AGENDA REPORT AGENDA NO.: (o , J TO: Honorable Mayor and Members of the City Council MEETING DATE: October 6, 1998 REPORT DATE: September 30, 1998 FROM: Terrence L. Belanger, City Manager TITLE: RESOLUTION NO. 98 -XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,, ACCEPTING THE VACATION OF ROAD AND HIGHWAY EASEMENTS. SUMMARY: L.A. Fitness Inc. has requested the vacation of existing easements for road and highway purposes located at the southeastern corner of the of their property adjacent to Golden Springs Drive. These easements were dedicated to L.A. County for road and highway purposes during the early design phase of the original Golden Springs Drive alignment. Since that time, Golden Springs Drive has been constructed to the full right-of- way width of 100 feet. The easements are located outside the 100 foot right-of-way width. RECOMMENDATION: That the City Council approve and adopt Resolution No. 98 -XX, entitled: A Resolution of the City Council of the City of Diamond Bar, California, Accepting the Vacation of Road and Highway Easements. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) Other : Road and Highway Easements Vacation 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? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager )4& - J s DeStefano Deputy City Man ger avid �GLiu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 6, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: RESOLUTION NO. 98 -XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE VACATION OF ROAD AND HIGHWAY EASEMENTS. ISSUE STATEMENT To vacate the existing road and highway easements unnecessary for the Golden Springs Drive right-of-way within private property. RECOMMENDATION That the City Council approve and adopt Resolution No. 98 -XX, entitled: A Resolution of the City Council of the City of Diamond Bar, California, Accepting the Vacation of Road and Highway Easements. FINANCIAL SUMMARY There is no fiscal impact. BACKGROUND/DISCUSSION L.A. Fitness Inc. has requested the vacation of existing easements for road and highway purposes located at the southeastern corner of the of their property adjacent to Golden Springs Drive. These easements were dedicated to L.A. County for road and highway purposes during the early design phase of the original Golden Springs Drive alignment. Since that time, Golden Springs Drive was realigned and has been constructed to the full right-of- way width of 100 feet. As shown on the attached Exhibit "B" the easement is located outside the 100 foot right-of-way width and is no longer necessary. The Public Works Division has reviewed the documents and has found it appropriate to vacate this easement. Prepared by: Rose E. Manela RESOLUTION NO. 98- 4`' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE VACATION OF ROAD AND HIGHWAY EASEMENTS A. RECITALS: (i.) WHEREAS, vacation of easements, now dedicated for road and highway purposes, is requested by L.A. Fitness Incorporated; and (ii.) WHEREAS, the City Council of the City of Diamond Bar has determined that the hereinafter described road and highway easements are unnecessary for present or prospective road purposes due to the realignment of Golden Springs Drive and it's construction to the full right-of- way required. B. RESOLUTION: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE: Section I . Said public road and highway easements shall be vacated pursuant to the provisions of Section 8330 et seq. of the Streets and Highways Code of the State of California. Section 2. There are no other public facilities located within these easements pursuant to the provision of Section 8333 et seq. of the Streets and Highways Code of the State of California. Section 3. The description of the easements to be vacated is as follows: "As described and shown in the attached Exhibits `A' and `B'." Section 4. The City of Diamond Bar is the successor in interest in said easements, said easements originally being granted to the County of Los Angeles. Section 5. The easements to be vacated are being summarily vacated since the road has been superseded by realignment. Section 6. From the date of this resolution is recorded the public road and highway easements no longer constitute public road and highway easements. Section 7. The City Clerk shall cause a certified copy of this resolution to be recorded in the office of the Los Angeles County Recorder. ADOPTED AND APPROVED THIS 6th DAY OF OCTOBER, 1998 BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. MAYOR I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing resolution was duly introduced, passed, and adopted, at a regular meeting of the City Council held on the 6th of October, 1998 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: CITY CLERK EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE NORTHERLY 50 FEET OF 5m AVENUE (100 FEET WIDE) IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS DESCRIBED IN DEED TO THE COUNTY OF LOS ANGELES RECORDED ON AUGUST 23, 1932 AS INSTRUMENT NO. 916 IN BOOK 11771, PAGE 136, OF OFFICIAL RECORDS AND DESCRIBED IN DEED RECORDED APRIL 22, 1932 IN BOOK 11503, PAGE 308, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF COLIMA ROAD HAVING A RADIUS OF 2050 FEET AND A LENGTH OF 284.24 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 170 25'41" WEST, AS SHOWN IN STATE HIGHWAY MAP IN BOOK 10, PAGE 62, RECORDED ON DECEMBER 19, 1972 AS INSTRUMENT NO. 3141 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70 56'39" AN ARC LENGTH OF 284.24 FEET; THENCE NORTH 80° 30' 58" EAST ALONG COLIMA ROAD AS SHOWN IN SAID STATE HIGHWAY MAP BOOK TO THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17, THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE NORTHERLY LINE OF 5TH AVENUE, 100 FEET WIDE, AS DESCRIBED IN SAID DEED TO THE COUNTY OF LOS ANGELES, THENCE ALONG 5TH AVENUE, SOUTH 720 34' 19" WEST 459.55 FEET MORE OR LESS TO THE POINT OF BEGINNING. OQ�pirES5f0 ` q ^ r� C0 0^_•P " m � EX f 2 0 CIVIL ATF OF CAi.AF��� SE COR, INST. NO. 1519 EXHIBIT "B" IN E'LY LINE \7W1/2 SE1/4 NW1/4 SEC. 17 sog��q:x9"E Q�,pF ESS/UJ pN c� m cc 2/ 2 00 ZJ `n>y Clvl\- TFOF CA1.�F�Q, 8 4 40 EASEMENT FOR PUBLIC ROAD & HIGHWAY w TO THE COUNTY OF LOS ANGELES ip PER INST. 916, O.R. 11771/136 & EASEMENT FOR PUBLIC ROAD & HIGHWAY TO THE COUNTY OF LOS ANGELES PER Q.R. 11503/308 ; N'L Y LINE ,,p pr? p r- INST. NO. 3141, Q.R. 10/62 ,n 7 F NN O O �N 40.74' BANNING NOO°25'41"W 1 �♦ ty0 V� N p it OaT, � O ON O Or �a, ir 0 "4 N� u ulI � SE'LY LINE "'INST, NO. 3721 I e `p O a a` n SE'LY LINE PCL -1 INCINST. NO. 3481 w N O.R. D125/759 cc O r- d\ F z 2 SCALE 1"-150' -r vil- N'LY LINE rO.R. 11771/136 tA� �N a � N48°29'45" N'LY LINE 97.70' fN5T. NO. 3721 N61°19'24°W 6.90' SOO°25'41 ° W` "E0.3 0. R. 81-84f201 6 67' S81°19'24"E N78°36'38"E 40.74' BANNING NOO°25'41"W 26.64 WAY —OR. 11503/308 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: TO: Honorable Mayor and Members of the City Council MEETING DATE: October 6, 1998 REPORT DATE: September 30, 1998 FROM: Terrence L. Belanger, City Manager TITLE: RESOLUTION NO. 98 -XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE VACATION OF A SEWER EASEMENT SUN04ARY: L.A. Fitness Inc. has requested the vacation of an existing easement for sanitary sewer purposes located at the northwestern end of the of their property adjacent to State Route 60 Freeway. There are no existing lines within this sewer easement and there are no proposed sewer lines for future uses. L.A. Fitness will be extending the existing sewer main located on Golden Springs Drive in order to facilitate laterals to their property. RECOMMENDATION: That the City Council approve and adopt Resolution No. 98 -XX - A Resolution of the City Council of the City of Diamond Bar, California, Accepting the Vacation of a Sewer Easement. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specifications (on file in City Clerk's Office) Other : Sewer Easement Vacation 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? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: r V Terrence L. Belanger J es DeStefano David G. Liu City Manager Deputy City Manger Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 6, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: RESOLUTION NO. 98 -XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE VACATION OF A SEWER EASEMENT ISSUE STATEMENT To vacate the existing sewer easement that is unnecessary for any future or proposed development. RECOMMENDATION That the City Council approve and adopt Resolution No. 98 -XX - A Resolution of the City Council of the City of Diamond Bar, California, Accepting the Vacation of a Sewer Easement. FINANCIAL SUMMARY There is no fiscal impact. BACKGROUND/DISCUSSION L.A. Fitness Inc. has requested the vacation of an existing easement for sanitary Sewer purposes located at the northwestern end of the of their property adjacent to S.R. 60. The easement was originally dedicated to Los Angeles County on December 19, 1974 for sewer purposes. As shown on the attached Exhibit "A", the location of the easement is southerly to S.R. 60 and easterly of Banning Way. There are no existing lines within this sewer easement and there are no proposed sewer lines for future uses. Any future developments on the vacant parcels can be serviced from the sewer main located on Golden Springs Drive. L.A. Fitness will be extending the existing sewer main located on Golden Springs Drive in order to facilitate laterals to their property. The Public Works Division has reviewed the documents and has found it appropriate to vacate said easement. Prepared by: Rose E. Manela RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE VACATION OF A SEWER EASEMENT A. RECITALS: (i.) WHEREAS, vacation of easement, now dedicated for sanitary sewer purposes, is requested by L.A. Fitness Incorporated; and (ii.) WHEREAS, the City Council of the City of Diamond Bar has determined that the hereinafter described sewer easement is unnecessary for present or prospective sewer purposes due to the property being developed and has been conditioned to extend the existing sewer main within Golden Springs Drive. B. RESOLUTION: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE: Section 1. Said public service sewer easement shall be vacated pursuant to the provisions of Section 8333 et seq. of the Streets and Highways Code of the State of California. Section 2. The description of the easements to be vacated is as follows: "That easement granted for sanitary sewer purposes by deed recorded December 19, 1974 as Instrument No. 2880 of Official Records, Los Angeles County, California, as shown on the attached Exhibit `A'." Section 3. The City of Diamond Bar is the successor in interest in said easement, said easement originally being granted to the County of Los Angeles. Section 4. The easement to be vacated has not been used for the purposes for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. Section 5. From the date of this resolution is recorded the public service sewer easement no longer constitutes a public service sewer easement. Section 6. The City Clerk shall cause a certified copy of this resolution to be recorded in the office of the Los Angeles County Recorder. ADOPTED AND APPROVED THIS 6th DAY OF OCTOBER. 1998 BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. MAYOR I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing resolution was duly introduced, passed, and adopted, at a regular meeting of the City Council held on the 6th of October, 1998 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: CITY CLERK T. NO. 1519 A EXHIBIT :� ss FLY LINE W1/2 SE1/4 NW1/4 SEG 17 S0 ' 9"E 4 40' r � M 3 O U) M Q� M Z U! ` d' C N'LY LINE C5 INST. NO. 3141, O.R. 10162 0 n o r Z 0) Or � c moo' o c.i C) ro 0 25,a�"W m m cn R P z o Z o tg0' Q. cf)¢ o o SCALE i"=150' 00, oo M Nly O.R. 1177/136 Ul `V p co i Ci R • 3 � tt i SE'L Y LINEUWP p ? � INST. NO, 3721 \ � CIV1\� 9TFoF CA1.1FNSTY LI PCL.1 31 w � O.R. 0125/759 is ED N48°2 9'45"W WLY LINE INST. NO. 3721 EASEMENT FOR SANITARY SEWER E'ER INST. NG 2880 S00°25'41"E 60.32' -� 3.6 7=- N78"36'38"L,,---" 40.74' N00°25.41"W 26.64' �N61°19'24"W ----O.R. 81-841201 '19'24"E BANNING \t%3Z308 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Mayor and Members of the City Council MEETING DATE: October 6, 1998 REPORT DATE: September 30, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Extension of Consulting Services Agreement for Professional Soils and Geotechnical Engineering Services. SUMMARY: The City has been utilizing professional consultants to provide on-call/as-needed soils and geotechnical engineering services. The contracts for these professional consulting services will expire on October 21, 1998. On September 9, 1998, the Department of Community and Development Services requested proposals from the existing pool of pre -qualified on-call soils and geotechnical engineering firms to provide professional soils and geotechnical engineering services for a period of three (3) years, commencing October 21, 1998. On September 21, 1998, the City received three (3) proposals, from Converse Consultants, Kleinfelder, Inc. and Leighton and Associates. Based upon review of our service needs, proposals and previous working history, staff recommends that the City retain Leighton and Associates to provide the professional soils and geotechnical engineering services on an as -needed basis. RECOMMENDATION: That the City Council approve and authorize the Mayor to extend the Consulting Services Agreement with Leighton & Associates to provide as -needed professional soils and geotechnical engineering services for a period of three (3) years, commencing October 21, 1998. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification _ Ordinances(s) x Other: Leighton's Proposal X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager la -0 es DeStefano Deputy City M ger avid G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: October 6, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Consulting Services Agreement for Professional Soils and Geotechnical Engineering Services. RECOMMENDATION That the City Council approve and authorize the Mayor to extend the Consulting Services Agreement with Leighton & Associates to provide as -needed professional soils and geotechnical engineering services for a period of three (3) years, commencing October 21, 1998. FINANCIAL SUMMARY For development related projects, funding will be provided through developer's fees/deposits paid by the applicant to the City at the Plan -Check stage. Each specific development related project assignment will be compensated on a time -and -materials basis from the deposit account. For Capital Improvement Projects (City initiated public works projects), funding will be provided through various budgeted funds. BACKGROUND/DISCUSSION Since October 21, 1996, the City has been utilizing the services of Leighton & Associates, Converse Consultants, Engineering & Environmental Geology Associates, and Kleinfelder, Inc. for as -needed professional soils & geotechnical engineering services. The existing contract was for a period of two (2) years and has provisions for extension up to three (3) years. On September 9, 1998, the Department of Community and Development Services requested proposals from the existing pool of pre -qualified on-call soils and geotechnical engineering firms to provide as -needed professional soils and geotechnical engineering services for a period of three (3) years, commencing October 21, 1998. On September 21, 1998, the City received three (3) proposals, from Converse Consultants, Kleinfelder, Inc. and Leighton and Associates. These proposals were carefully reviewed by staff members of the Public Works and Development Services Divisions. The consulting services were proposed with rates ranging from $45 to $175 per hour for technical/professional staff. Based upon a review of our service needs, proposals and previous working history of responsiveness, quality and efficiency, staff recommends extending the contract with Leighton & Associates. Leighton & Associates proposes a fee schedule of $45 to $145 per hour for technical/professional staff. Page 2 Soils/Geotechnical October 6, 1998 The scope of services include, but is not limited to: • City Soils and Geotechnical Engineering Services, including the attendance of City Council, Planning Commission, or other meetings as necessary, • Reviewing and recommending on various soils investigations, geotechnical, engineering geology, and environmental remediation reports which pertain to development projects or capital improvement projects; • Perform special geotechnical and environmental studies and reports including water seepage and groundwater investigations; • Pavement testing and analysis, soils investigation and compaction testing; • Other related services as requestedlassigned by City staff. Leighton & Associates has a working history with the City of Diamond Bar and has considerable experience with hillside development and public works projects. Furthermore, Leighton & Associates has been responsive to the needs of the City. For development related projects, funding will be provided through developer's fees/deposits paid by the applicant to the City at the Plan -Check stage. Each specific development related project assignment will be compensated on a time -and -materials basis from the deposit account. Approximate costs for soils projects for the period of October 21, 1996 through October 21, 1997 is $37,000. Approximate costs for soils projects for the period of October 21, 1997 through October 21, 1998 is $27,000. The total cost of services for anticipated projects for the next three (3) year period is approximately $75,000. For existing projects currently reviewed by Converse Consultants, Kleinfelder, Inc. and Engineering & Environmental Geology Associates, these firms shall continue their services until the projects are finalized and completed. This is to ensure consistent and continuous service to the applicants. Prepared by: David G. Liu/Rose E. Manela AMENDMENT NO.1 TO THE CITY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 21st day of October, 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Leighton & Associates (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The CITY entered into an Agreement, with Leighton & Associates to provide Professional Engineering Services, which the Agreement was dated October 15, 1996. (ii.) The term of Agreement expires October 21, 1998. (iii.) CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "D" to continue to provide Professional Engineering Services from October 21, 1998 to October 21, 2001. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Recital A of the Agreement is hereby amended to read as follows: "A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A', dated August 8, 1996, and Exhibit "C", dated September 9, 1998, the City's Requests for Proposals." Section 2: Section 1 of the Agreement is hereby amended to read as follows: "1. Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit `B", dated August 23, 1996 and Exhibit "D", dated September 16, 1998, the Consultant's Response to Proposals." Section 3: Section 2 of the Agreement is hereby amended to read as follows: "2. Term of Agreement. This Contract shall take effect October 21, 1998 until October 21, 2001, unless earlier terminated pursuant to the provisions herein." Section 4: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk DATE: CONSULTANT: LEIGHTON & ASSOCIATES David C. Smith Vice President CITY OF DIAMOND BAR Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Mayor and Members of the City Council MEETING DATE: October 6, 1998 REPORT DATE: September 30, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Extension of Consulting Services Agreements for City Traffic Engineering Services SUMMARY: The City has been utilizing professional consultants to provide on-call/as-needed traffic and transportation engineering services. The contracts for these professional consulting services will expire on October 21, 1998. On September 9, 1998, the Department of Community and Development Services requested proposals from the existing pool of pre -qualified on-call traffic and transportation engineering firms to provide City Traffic Engineering services for a period of three (3) years, commencing October 21, 1998. On September 21, 1998, the City received six (6) responses to extend their on-call contracts (Austin -Foust, Inc., DKS Associates, Linscott Law & Greenspan Engineers, Meyer, Mohaddes Associates, Inc. and O'Rourke Engineering and Warren Siecke) and four (4) proposals for the City Traffic Engineering Services (Austin -Foust Associates, DKS Associates, Meyer, Mohaddes Associates and Warren Siecke). Based upon review of our service needs, proposals, and previous working history, staff recommends that the City retain Warren Siecke for the City Traffic Engineering Services and extend the on-call contracts for the remaining five firms. RECOMMENDATION: That the City Council (A.) award the City Traffic Engineering Services contract to Warren Siecke on an as -needed basis for a period of three (3) years, commencing October 21, 1998 and (B.) approve and authorize the Mayor to extend the on-call contracts for Austin -Foust, Inc., DKS Associates, Linscott Law & Greenspan Engineers, Meyer, Mohaddes Associates, Inc. and O'Rourke Engineering on an as -needed basis, for a period of three (3) years, commencing October 21, 1998. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinances(s) x Other: Warren Siecke's Proposal X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A Yes _ No REVIEWED BY: Terrence L. Belanger es DeStefano David G. Liu City Manager Deputy City M er Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: October 6, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Consulting Services Agreements for City Traffic Engineering Services. RECOMMENDATION That the City Council (A.) award the City Traffic Engineering Services contract to Warren Siecke on an as -needed basis, for a period of three (3) years, commencing October 21, 1998 and (B.) approve and authorize the Mayor to extend the on-call contracts for Austin -Foust Associates, DKS Associates, Linscott Law & Greenspan Engineers, Meyer, Mohaddes Associates, Inc. and O'Rourke Engineering on an as -needed basis, for a period of three (3) years, commencing October 21, 1998. FINANCIAL SUMMARY For development related projects, funding will be provided through developer's fees/deposits paid by the applicant to the City at the Plan -Check stage. Each specific development related project assignment will be compensated on either a lump -sum or a time -and -materials basis. For Capital Improvement Projects (City initiated public works projects), funding will be provided through various budgeted funds. BACKGROUND/DISCUSSION Since October 21, 1996, the City has been utilizing the services of Warren Siecke, Austin -Foust Associates, DKS Associates, Linscott Law & Greenspan Engineers, Meyer, Mohaddes Associates, Inc. and O'Rourke Engineering for as -needed professional traffic and transportation engineering services. The existing contract was for a period of two (2) years and has provisions for extension up to three (3) years. On September 9, 1998, the Department of Community and Development Services requested proposals from the existing pool of pre -qualified on-call traffic and transportation engineering firms to provide as -needed City Traffic Engineering services for a period of three (3) years, commencing October 21, 1998. On September 21, 1998, the City received six (6) responses to extend their On -Call contracts (Austin -Foust Associates, DKS Associates, Linscott Law & Greenspan Engineers, Meyer, Mohaddes Associates, Inc. and O'Rourke Engineering and Warren Siecke) and four (4) proposals for the City Traffic Engineering Services (Austin -Foust Associates, DKS Associates, Meyer, Mohaddes Associates and Warren Siecke). Page 2 Trafiic/Transportation October 6, 1998 These responses/proposals were carefully reviewed by staff members of the Public Works and Development Services Divisions. The consulting services were proposed with rates ranging from $28 to $150 per hour for technical/professional staff. Based upon a review of our service needs, proposals and previous working history of responsiveness, quality and efficiency, staff recommends awarding the City Traffic Engineering services to Warren Siecke. Warren Siecke proposes a fee schedule of $28 to $98 per hour for technical/professional staff. The scope of the City Traffic Engineering services include, but is not limited to: • City Traffic Engineering Services, including the attendance of City Council, Traffic and Transportation Commission, and other mbetings as necessary; • Geometric design, traffic signal design, including complete preparation of plans, specifications and estimates, signing and striping plan, and the construction administration/'inspection of these facilities; • Review of environmental studies/traffic impact studies for proposed development projects, studies and report preparations for items such as traffic control devices (traffic signals, stop signs, etc.), citizen complaints and concerns, level of service at intersections, school safety issues and speed surveys/speed limit determinations; • Preparation of traffic data for compliance with the Congestion Management Program; • Traffic signal operation and coordination studies, including the implementation of signal timing and coordination programs; • Coordination with City staff and consultants for traffic requirements for Capital Improvement Program projects; and • Other related services as requested/assigned by City staff Warren Siecke, has a working history with the City of Diamond Bar and its traffic concerns and needs and has considerable experience with public works and development projects. For development related projects, funding will be provided through developer's fees/deposits paid by the applicant to the City at the Plan -Check stage. Each specific development related project assignment will be compensated on a time -and -materials basis from the deposit account. Capital Improvement Projects will be compensated on a lump -sum basis. The costs of services for anticipated Capital Improvement Projects for this current fiscal year is approximately $50,000. Page 3 Traffic/Transportation October 6, 1999 In addition to the City Traffic Engineering firm selected, staff recommends that the on-call contracts be extended for five (5) firms: Austin -Foust Associates, DKS Associates, Linscott Law & Greenspan Engineers, Meyer, Mohaddes Associates, Inc. and O'Rourke Engineering on an as - needed basis, for a period of three (3) years. These firms have experience with public works projects and have provided satisfactory services during their on-call status. The extension of their on-call contracts will provide the City with a pool of pre -qualified Traffic and Transportation Engineering firms to provide as -needed services such as parking studies/programs and neighborhood traffic management studies. These projects will be assigned based on qualifications and fee proposals. Prepared by: David G. Liu/Rose E. Manela AMENDMENT NO. 1 TO THE CITY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 21 st day of October 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Warren Siecke Transportation & Traffic Engineering (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The CITY entered into an Agreement, with Warren Siecke Transportation & Traffic En ing,� eering to provide Professional Engineering Services, which the Agreement was dated October 15, 1996. (ii.) The term of Agreement expires October 21, 1998. (iii.) CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "D" to continue to provide Professional Engineering Services from October 21, 1998 to October 21, 2001. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Recital A of the Agreement is hereby amended to read as follows: "A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", dated August 8, 1996, and Exhibit "C", dated September 9, 1998, the City's. Requests for Proposals." Section 2: Section 1 of the Agreement is hereby amended to read as follows: 44 1. Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit `B", dated August 21, 1996 and Exhibit "D", dated September 20, 1998, the Consultant's Response to Proposals." Section 3: Section 2 of the Agreement is hereby amended to read as follows: "2. Term of Agreement. This Contract shall take effect October 21, 1998 until October 21, 2001, unless earlier terminated pursuant to the provisions herein." Section 4: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. I shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: WARREN SIECKE TRANSPORTATION & TRAFFIC ENGINEERING By: City Attorney Warren Siecke Principal ATTEST: City Clerk DATE: CITY OF DIAMOND BAR Mayor AMENDMENT NO.1 TO THE CITY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 2 1 st day of October, 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Austin -Foust Associates. Inc. (hereinafter referred to as "CONSULTANT'). A. RECITALS: (i.) The CITY entered into an Agreement, with Austin -Foust Associates, Inc. to provide Professional Engineering Services, which the Agreement was dated October 15, 1996. (ii.) The term of Agreement expires October 21, 1998. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2 of the Agreement is hereby amended to read as follows: "2. Term of Agreement. This Contract shall take effect October 21, 1998 until October 21, 2001, unless earlier terminated pursuant to the provisions herein." Section 2: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk DATE: CONSULTANT: AUSTIN-FOUST ASSOCIATES, INC. Joe E. Foust Principal CITY OF DIAMOND BAR Mayor AMENDMENT NO. 1 TO THE CITY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 21 st day of October. 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and DKS Associates (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The CITY entered into an Agreement, with DKS Associates to provide Professional Engineering Services, which the Agreement was dated October 15, 1996. (ii.) The term of Agreement expires October 21, 1998. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2 of the Agreement is hereby amended to read as follows: "2. Term of Agreement. This Contract shall take effect October 21, 1998 until October 21, 2001, unless earlier terminated pursuant to the provisions herein." Section 2: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: DKS ASSOCIATES LIM City Attorney Richard Suave President ATTEST: DATE: CITY OF DIAMOND BAR City Clerk Mayor AMENDMENT NO. 1 TO THE CITY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 21 st day of October, 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Linscott, Law & Greenspan Engineers (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The CITY entered into an Agreement, with Linscott. Law & Greensm Engineers to provide Professional Engineering Services, which the Agreement was dated October 15, 1996. (ii.) The term of Agreement expires October 21, 1998. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2 of the Agreement is hereby amended to read as follows: "2. Term of Agreement. This Contract shall take effect October 21, 1998 until October 21, 2001, unless earlier terminated pursuant to the provisions herein." Section 2: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: LINSCOTT, LAW & GREENSPAN ENGINEERS Lo City Attorney Robin Paolino DeLotell Principal ATTEST: DATE: CITY OF DIAMOND BAR City Clerk Mayor AMENDMENT NO. 1 TO THE CITY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 21st day of October 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Meyer. Mohaddes Associates Inc (hereinafter referred to as "CONSULTANT"). A. RECITALS: The CITY entered into an Agreement, with Mever, Mohaddes Associates. Inc. to provide Professional Engineering Services, which the Agreement was dated October 15, 1996. (ii.) The term of Agreement expires October 21, 1998. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2 of the Agreement is hereby amended to read as follows: "2. Term of Agreement. This Contract shall take effect October 21, 1998 until October 21, 2001, unless earlier terminated pursuant to the provisions herein." ecti on 2: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk DATE: CONSULTANT: MEYER, MOHADDES ASSOCIATES, INC. Abbas Mohaddes Principal CITY OF DIAMOND BAR Mayor AMENDMENT NO.1 TO THE CITY'S CONSULTING SERVICES AGREEMENT This Agreement (Amendment No. 1) is made and entered into this 21 st day of October, 1998, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and O'Rourke Engineering (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The CITY entered into an Agreement, with O'Rourke Engineering to provide Professional Engineering Services, which the Agreement was dated October 15, 1996. (ii.) The term of Agreement expires October 21, 1998. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 2 of the Agreement is hereby amended to read as follows: "2. Term of Agreement. This Contract shall take effect October 21, 1998 until October 21, 2001, unless earlier terminated pursuant to the provisions herein." Section 2: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: City Clerk FIX CONSULTANT: O'ROURKE ENGINEERING Susan E. O'Rourke President CITY OF DIAMOND BAR Mayor 4well C. Qeelkc TRANSPORTATION AND TRAFFIC ENGINEERING September 20, 1998 Mr. David Liu, P.E, Deputy Director of Public Works City of Diamond Bar Suite 190 21660 East Copley Drive Diamond Bar, CA 91765-4177 SUBJECT: Traffic Engineering Services Dear Mr. Liu: I am pleased to submit this response to your request for proposal to provide professional traffic engineering services to the City of Diamond Bar. We have been providing these services since 1991 and we are very interested in continuing to serve the City on an "as -needed" basis. SCOPE OF WORK 16�i�e N'¢ �ac� �� �VQPfl2�PP �Id PNpP�P ID pI0VI0e SII �«` WWI °`vl"x we BACKGROUND AND CAPABILITIES My practice was established in 1974 as a sole proprietorship dedicated to providing consulting services in the field of traffic and transportation engineering. Our primary clients are governmental agencies and approximately ninety-eight percent of our work is performed for cities. Most of our governmental work involves traffic engineer services for cities in the Southern California area. In this role, we perform the duties of the City Traffic Engineer on a part-time basis. We conduct traffic studies, review plans for land development, design projects involving traffic signals, traffic striping, street lighting and traffic signing. We also prepare traffic signal timing programs and advise City officials on traffic matters. We currently have contracts for this service with the cities of Brea, La Verne, Placentia and San Dimas. We have served Brea and Placentia for over twenty years and La Verne and San Dimas for over ten years. We also provide design services for traffic signals, street lighting and street improvements for agencies other than those we serve as city traffic engineer. Construction observation services for traffic signal and street lighting projects are also provided to governmental agencies. In addition, we operate the citywide computerized traffic signal systems in Brea and Placentia using our remote computer access capability. Providing "as -needed" services as an extension of City staff is the cornerstone (not a sideline) of my practice. Our continuing involvement with local agencies permits us to approach each project with the City viewpoint in mind. Our limited client base in the private sector limits our potential for the conflict that can occur when larger firms attempt to serve both public and private clients. While working with the City of Diamond Bar over the past seven years, we have developed the following factors that provide significant benefit to the City: Familiarity with City procedures and expectations allows us to prepare plans and perform other tasks with less direction from City staff. City plan sheet formats and title blocks are in our CADD system, which allow us to expedite project preparation with a degree of consistency that facilitates construction and project management. City specifications and bid documents are in our word processing system. We have also created forms for change orders, inspection records, pole purchases and coordination with the County. KEY PERSONNEL The key personnel who will be involved in Diamond Bar projects are John Huie and myself. Mr. IPA Huie and I have worked together for the past twenty-five years and we are familiar with the traffic conditions in Diamond Bar. Mr. Siecke will be in responsible charge of all work that we perform. He is a registered engineer in the traffic and civil engineering disciplines. Mr. Huie will provide assistance in all phases of the work. Although he is not a registered engineer, Mr. Huie has nearly thirty years experience in traffic engineering design and operations. Please refer to our attached resumes for more information on our qualifications. APPROACH AND METHODOLOGY As in the past, we will be available to perform traffic engineering tasks as required by the City. While we believe our experience in traffic signal design and operation is particularly valuable, we are interested in providing other services as well. We believe our services could include the following: Conduct engineering studies of traffic operations relating to the movement of vehicles and pedestrians. Prepare reports and recommendations in response to requests for traffic control measures. Review subdivision plans, programs other documents related to land use. Recommend priorities for traffic improvement projects. Prepare, review and implement traffic signal timing programs. Review traffic collision reports and recommend corrective measures if appropriate. Provide traffic engineering advice on planning studies and projects. Identify and assist in making application to outside funding sources. Design traffic signals, signing, striping, channelization and street lighting. Provide inspection and construction management services for traffic projects. Provide expert witness services for legal proceedings. Check traffic -related plans prepared by other firms or agencies. -3- COMPARABLE WORK As stated above, we have provided the services specified in the scope of work continuously for the past twenty-three years to the cities of Brea and Placentia and for approximately twelve years to the cities of La Verne and San Dimas, REFERENCES Phil Wray City Engineer City of Brea One Civic Center Circle Brea, CA 92621 (714) 990-7666 Brian Bowcock Director of Public Works City of La Verne 3660 D Street La Verne, CA 91750 (909) 596-8741 Christopher Becker Director of Public Works City of Placentia 401 East Chapman Avenue Placentia, CA 92670 (714) 993-8245 FEE We are amenable to fees that are based on the lump sum or time and material method of payment. This can be negotiated for each project. For time and material based fees, our hourly rates are based on the type of work performed per the attached fee schedule. Category 2 rates are charged for preparation of plans and specifications, construction management and preparation of signal timing plans. Category 1 rates are charged for studies and other services that do not require preparation of construction plans or legal proceedings. This proposal is offered with the understanding that the contract will be for a three-year period and that there will be an opportunity to adjust the fee schedule at the beginning of each year. We appreciate the opportunity to submit this proposal and we look forward to continuing our work with the City. If you need more information, please contact me. Sincerely, Warren C. Siecke, P.E. dbarpropte -4- FEE SCHEDULE (Effective October 21, 1998) • Preparation for and attendance at interrogatories, depositions and other legal proceedings shall include waiting time and travel time and shall be paid for at 1.5 times the rates in the Category 2 schedule. -5- RATE ITEM--------------------------- Category 1 Category 2* ---------------------------------------------------------- Traffic Engineer $74 .00/hr $98.00/hr Assistant Engineer $61.00/hr $81.00/hr Draftsperson $47.50/hr $63.00/hr Senior Technician $47.50/hr $63. 00/lir Technician $28.00/hr $38.00/hr Clerical $27.00/hr $33.00/hr Expenses (outside services, Cost plus 15 Survey, travel, printing, etc.) percent • Preparation for and attendance at interrogatories, depositions and other legal proceedings shall include waiting time and travel time and shall be paid for at 1.5 times the rates in the Category 2 schedule. -5- �LUanneN G Sieelee TRANSPORTATION AND TRAFFIC ENGINEERING PROFESSIONAL RESUME WARREN C. SIECKE, P. E. EDUCATION Bachelor of Science, Civil Engineering University of Nebraska, 1962 PROFESSIONAL REGISTRATIONS Registered Civil Engineer in California, CE 18707 Registered Traffic Engineer in California, TE 823 CERTIFICATES Management of Transportation Programs and Systems University of California Irvine, 1981 Transportation Demand Management University of California Los Angeles, 1987 PROFESSIONAL ASSOCIATIONS Institute of Transportation Engineers National Society of Professional Engineers American Public Works Association City Traffic Engineers Association Orange County Traffic Engineering Council City Engineers Association of Orange County PROFESSIONAL EXPERIENCE Since 1974, Mr. Siecke has been the sole proprietor of Warren C. Siecke, Transportation and Traffic Engineering. The firm provides consultant traffic engineering services with specialization in traffic 20142 CANYON DR., YORBA LINDA. CA 92686 16 714/970-6247 9 FAX 714/779-1644 operations projects. Mr. Siecke has directed numerous projects including traffic signal design, traffic signal timing and operation, computerized city-wide traffic signal systems, freeway ramp meter design, traffic accident analyses, traffic control device inventories, speed zone studies, traffic signing and striping design, street lighting design, bike lane design, parking studies and traffic impact studies. Mr. Siecke maintains a close connection to the evolving field of traffic engineering through his ongoing service as a consultant city traffic engineer. In this role, he functions as the city traffic engineer on a part-time basis for four cities with a combined population of approximately 140,000. Mr. Siecke has served as a consultant city traffic engineer to one or more cities for over twenty-five years. From 1971 to 1974, Mr. Siecke was a vice-president of Lampman and Associates, a municipal consulting firm headquartered in Pomona, California. In that capacity, he directed various projects throughout the state of California including city traffic engineer services, area -wide traffic planning studies, traffic signal system design and operation, capital improvement construction, traffic safety studies, bicycle and pedestrian studies and circulation elements of city general plans. Mr. Siecke began his professional career in 1962 with the Los Angeles County Road Department and was employed there until 1974 except for a two-year period during which he served in the Army Corps of Engineers. He advanced into increasingly responsible positions in the Traffic and Lighting Division and participated in all facets of traffic engineering. As assistant chief of the Traffic Signal Systems Research Unit, Mr. Siecke was involved in the planning, design and operation of all county traffic signals. He also served as a project engineer for county -wide studies of traffic operations on arteral streets. Representative projects which have been prepared under Mr. Siecke's direction include the following: Client Project Arcadia Design and implementation of computerized master traffic signal control system on Huntington Drive. Brea Preparation of City-wide master plan of traffic signal interconnect and design and implementation of computerized master control system. Brea Design and project management of traffic signal installations and modifications at fourteen intersec- tions Brea Design of five traffic signals, signing, striping and street lighting for Imperial Highway widening. Costa Mesa Design of five traffic signals and signing and striping for Victoria Street widening. Culver City Design of four traffic signals, signing, striping and street lighting for Sepulveda Boulevard widening. Culver City Design and project management oftraffic signal instal- lations and modifications at fourteen intersections. Diamond Bar Design and project management of traffic signal instal- lations at seven intersections. Placentia Preparation of City-wide master plan oftraffic signal interconnect and design and implemen- tation of computerized master control system for 32 signalized intersections. Pomona Design of freeway ramp meter traffic signal at State Route 71 and Ridgeway Drive. .."es CLUannen G qieeke TRANSPORTATION AND TRAFFIC ENGINEERING PROFESSIONAL EXPERIENCE JOHN C. HUIE John Huie has over twenty-five years experience in the traffic engineering field. He has been involved in the design of over 400 traffic signals. Mr. Huie also has extensive experience in street lighting design. Most notably, he was the lead person in development of the arterial street lighting standards for the City of Culver City and the design of street lighting on Sepulveda Boulevard, Jefferson Boulevard and Slauson Avenue. He was also a key member of the design team for the traffic signal interconnect, signing and striping on these arterial streets. Mr. Huie has extensive knowledge of computerized traffic signal systems which was gained through the design of the Multisonics systems in Arcadia, Brea and Culver City and the Econolite system in Placentia. In addition, his skills at operating these systems has been developed through his responsibilities for day-to-day management of the Brea, Culver City and Placentia systems. Mr. Huie was also instrumental in preparation of the city-wide interconnect master plan for the signal systems in Brea, Culver City and Placentia. Mr. Huie's knowledge of traffic operations is based on his involvement in projects from the conceptual stage through construction including project inspection. This experience includes the following representative projects: Diamond Bar -Design and inspection of traffic signals at Grand Avenue and Rolling Knoll Drive, at Pathfinder Road and Brea Canyon Road, at Diamond Bar Boulevard and Fountain Springs Road, at Diamond Bar Boulevard and Shadow Canyon Drive, and at Diamond Bar Boulevard and Goldrush Drive. La Verne - Design and inspection of traffic signals at Fairplex Drive and Pudding stone Drive, at Arrow Highway and D Street, and at White Avenue and Eighth Street. Culver City - Design and project management of 30 traffic signals, 3.5 miles of street lighting and 1.5 miles of traffic signal interconnect in the redevelopment area. Pomona - Inspection of traffic signal modifications at 14 intersections on Holt Avenue Resume aug 97 20142 CANYON DR., YORBA LINDA, CA 92686 e 714/970-6247 FAX 714/779-1644 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. . TO: Mayor and Members of the City Council MEETING DATE: October 6, 1998 REPORT DATE: September 30, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract for City Engineering Services. SUMMARY: The City has been utilizing professional consultants to provide on-call/as-needed plan checking and inspection services for private and subdivision developments. The contracts for these professional consulting services will expire on October 21, 1998. The Department of Community and Development Services requested proposals to provide City Engineering services on an as -needed basis for a period of three (3) years with the possibility of two (2) additional annual renewals. The City received nine (9) proposals, five (5) of which where interviewed further by the selection committee on April 16, 1998. Based upon review of our service needs, proposals, and previous working history, the selection committee recommends that the City retain two (2) firms to provide City Engineering services on an as -needed basis. RECOMMENDATION: That the City Council award the contracts to Charles Abbott & Associates and Hall & Foreman Inc, to provide City Engineering services on an as -needed basis, for a period of three (3) years, commencing October 21, 1998. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinances(s) x Other: CAA and H&F's Proposals X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY Terrence L. Belanger City Manager IsStefano Deputy City Manager x Yes —No Majority N/A _ Yes _ No N/A _ Yes _ No N/A Yes No David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT MEETING DATE: October 6, 1998 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for City Engineering Services. RECOMMENDATION AGENDA NO. _ That the City Council award the contracts to Charles Abbott & Associates and Hall & Foreman Inc. to provide City Engineering services on an as -needed basis, for a period of three (3) years, commencing October 21, 1998. FINANCIAL SUMMARY For development related projects, funding will be provided through developer's fees/deposits paid by the applicant to the City. BACKGROUND/DISCUSSION Since June of 1992, Charles Abbott Associates (CAA) has been providing the City Engineering Services on an as -needed basis. To further augment the City's professional capabilities, on October 15, 1996, the City Council awarded on-call contracts to Bryan A. Stirrat & Associates, Charles Abbott Associates, Dewan, Lundin & Associates, GFB-Friedrich & Associates, Hall & Foreman, Inc., and RKA Civil Engineers for professional plan checking and public works inspection services for private and subdivision developments. To receive the best service levels and to enhance the administrative efficiency, on October 10, 1997, the Department of Community and Development Services requested proposals to provide City Engineering services, on an as -needed basis for a period of three (3) years, commencing October 21, 1998 with the possibility of two (2) additional annual renewals. The City's primary objective is to ensure that private and subdivision developments are thoroughly reviewed and managed from the initial pre -planning stages to completion by establishing and implementing all needed project conditions of approval consistent with the community's standards. Having sent out 92 RFP's, the City received eleven (11) decline letters and nine (9) proposals, five (5) of which where interviewed further by the selection committee on April 16, 1998. The five firms were Charles Abbott Associates, Hall & Foreman, Inc., Berryman & Hennigar, Civiltec Engineering, Inc. and RKA Civil Engineers. Upon review and interview of all five (5) firms, the selection committee recommends that the City retain two (2) firms to provide City Engineering services. Page 2 Civil October 6, 1998 The scope of services requested include: • Reviewing and approving various grading/retaining wall, street, sewer, and storm drain plans for both private and subdivision developments; • Checking and approving easements, lot line adjustments, dedications, vacations, parcel and tract maps; • Inspecting/monitoring all on/off-site grading operations, retaining wall, street, sewer, storm drain and erosion control measures for both private and subdivision developments; • Actively participating in the development review process, including preparing and monitoring the implementation of project conditions of approval, attending meetings with developers/contractors and others, and attending Planning Commission and City Council meetings as necessary; • Assisting other departments and outside agencies with regard to development related projects/matters; • Maintaining an established plan check procedure and turn -around time frame; • Establishing working relationships and coordination with all other public agencies/utilities involving private and subdivision developments; • Ensuring that plan checker and other appropriate professionals are available to meet with City staff, the general public, and applicants at City Hall as needed. Plans are to be picked up and delivered at no cost to the City; • Ensuring that agreements and engineering conditions of approval for previously approved development projects are thoroughly implemented; and • Other engineering/development related services as requested/assigned by City staff. All five (5) proposals were reviewed by the selection committee from outside public/private agencies and the Department of Community and Development Services staff members. The two (2) firms selected, Charles Abbott Associates and Hall & Foreman Inc., have a working history with the City and its development history and background and has considerable experience with hillside development projects. A high level of expertise with regard to slope stability and grading issues is required of the consultant. Page 3 Civil October 6, 1998 The designated City Engineer will be Mr. George Wentz, P.E., of Charles Abbott Associates. Project assignments will be made to the two firms as follows: Contracts with a value less than $10,000, staff will assign to the two (2) on-call firms on a rotational basis, with a separate rotation for each of the following three tiers: Tier 1 $0-$200 Tier 2 $201-$5000 Tier 3 $5001 - $10,000 Contracts with a value of $10,000 or more will be awarded by the City Council based on a recommendation from staff of the firm best qualified to perform work required for the particular project, creating a Tier 4 : $10,001 and greater. The consulting services were proposed with rates ranging from $50 to $140 per hour for technical/professional staff. For development related projects, funding will be provided through developer's fees/deposits paid by the applicant to the City. Each specific development related project assignment will be compensated on either a lump sum (i.e. plan check and inspection projects) or hourly basis (i.e. As -built reviews, hydrology studies and preliminary engineering reviews). Cost of services for anticipated projects for the next three (3) year period is estimated at $150,000.00 (total for both funis). Approximate costs for development projects for the period of October 21, 1996 through October 21, 1997 is $112,000. Approximate costs for development projects for the period of October 21, 1997 through October 21, 1998 is $50,000. For existing projects currently plan checked or under inspection by Bryan A. Stirrat Associates, Dewan, Lundin & Associates, GFB-Friedrich & Associates, and RKA Civil Engineers, Inc., these firms shall continue their services until the projects are finalized and completed. This is to ensure consistent and continuous service to the applicants. Prepared by.- David y.David G. LiwRose E. Manela CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of October 21.1998 by and between the City of Diamond Bar, a municipal corporation ("City") and CHARLES ARROTT ASSOCIATES. INF., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated Ortaher 10, 122-7- B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect Actobor-, IM, and shall continue until 04eber-11,2001., with the possibility of two (2) additional annual renewals, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California Consultant: George A. Wentz, P.E. CHARLES ABBOTT ASSO., INC. 371 Van Ness Way, #200 Torrance, CA 90501 91765-4177 310 212-5778 FAX 310 212-0993 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes of amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contracts status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, 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 the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not,1 except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Amt, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, aced, religion, sex, marital status, national origin., ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Amt, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be insetted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prim written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prim to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either patty of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. written above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first "City" ATTEST: CITY OF DIAMOND BAR By: City Clerk BY May!,r Approved as to form: By: City Attorney "CONSULTANT" By: Its: CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of October 21. 1 A by and between the City of Diamond Bar, a municipal corporation ("City") and HALL & FORF.MAM jay ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated Oct-----he*�1 0- 1997_ B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibits "B" and "C" the Consultant's Response, dated DWxember 91 1997 Bud'huly 10, 1999, respectively, to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect Acteber.8, and shall continue until October -21f , with the possibility of two (2) additional annual renewals, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibits "B" and "C." Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California Consultant: Jon E. Bourgeois, P.E. HALL & FOREMAN, INC. 203 North Golden Circle Drive, Suite 300 Santa Ana, CA 92705-4010 91765-4177 714 664-0588 FAX 714 664-0596 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, 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 the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All'materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all persmmel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, tc require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and arry comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to suh breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Amt, and any other'documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk Mayor Approved as to form: By: City Attorney "CONSULTANT" #IAL FQp-114AId, INC By: Its: November 21, 1997 Mr. David G. Lui, P.E. Deputy Director of Public Works City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 SUBJECT: PROPOSAL TO PROVIDE CITY ENGINEERING SERVICES Dear Mr. Lui: Charles Abbott Associates, Inc. (CAA), is pleased to present the enclosed proposal to provide City Engineering Services including plan review and construction observation. Our team clearly understands the City's primary objective to ensure that developments are thoroughly reviewed and managed from the initial stages through completion by establishing and implementing project conditions of approval consistent with the community's standards. We have furnished an original and seven copies of our proposal for your use and consideration. The CAA team represents a sound choice for the City because of our experience in delivering these services to Diamond Bar. By adding all of the plan check and Public Works inspection services to our existing City Engineering responsibilities, the City will receive the highest quality, best service levels, maximum cost effectiveness and response to the unique needs of Diamond Bar. Because of our . record and demonstrated experience, the City can have a high level of confidence in the services we propose to provide in Diamond Bar. We are confident that our proposal and approach assures that the expectations of the City, as identified in your Request for Proposal, are met or exceeded. At the core of our approach is a sincere commitment to effectively serve the City and includes a project team that integrates its technical knowledge with sound judgment. Our goal is to work cooperatively with your staff to assure cohesiveness in delivering City Engineering services to the residents of Diamond Bar. City of Diamond Bar November 21, 1997 Page Two If selected by the City, you will find: • Increased satisfaction on the part of both residents and applicants, since we understand the unique needs of both; • Cost effectiveness with an improved responsiveness; and • Improved ability to evaluate and assess the quality, performance and cost of providing these services. On behalf of the CAA team, I would like to express our sincere interest in working with you to provide these important services to the community. Our services will be administered from our local office. Since we are a local firm, we are prepared to begin work promptly. This proposal shall be valid for a period of 120 days. We look forward to hearing from you in the near future and the opportunity of presenting our qualifications and project approach in person. Very truly yours, C�J/�M Charles H. Abbott President GAW/aw 2. APPROACH AND PHILOSOPHY OF CAA This section of our proposal provides a discussion of our overall approach and philosophy that we believe important to the project. The City of Diamond Bar is seeking assistance from a qualified consultant to support their building and public works needs. These services are currently being provided by the County. It is the City's desire that Diamond Bar residents and those utilizing city services receive high level, timely, cost effective and reliable response from city staff. GENERAL PHILOSOPHY CAA's general philosophy is to assure that the following critical areas are addressed: • Service. Staff working in the city must be service oriented, courteous and reliable. The residents of the City of Diamond Bar must receive personalized service by staff that understand their needs, while representing the City. • Control. City Management and Officials must have control of their operations. Our approach assures that you control the services to be delivered and that we be held accountable. Levels of service to be provided to meet the workload demand and the priorities of the City are clearly defined. • .Responsiveness. The City of Diamond Bar must be served by a consultant team that works effectively with permanent City staff, is flexible so that it can respond to the needs and priorities of the City, and deal effectively with the public. • Professionalism. You must have a high level of confidence in the staff assigned. The individuals serving the City must not only possess the technical skills you are seeking but the interpersonal skills that ties technical know-how to practical service. To accomplish the results you are seeking, we believe it is important to assure that there is: "A. A clear identification of Diamond Bar's needs; B. Proper handling of each applicant; C. Good understanding of city policies, ordinances and conditions to assure effective response to the City Council and Administration; 1 D. Proper staffing support to meet workload demands; and E. Accurate and timely record keeping to monitor costs and services. A brief discussion follows for each objective and how we believe they apply to the project. A. IDENTIFICATION OF DIAMOND BAR'S NEEDS As we deliver these services, we believe it is important to: Evaluate our operations to assure that services are being properly, efficiently and courteously delivered. Evaluate services being provided, and the staffing assigned to complete the work to assure that staffing levels are appropriate based on the workload. Evaluate and identify improvements in the process for the City's consideration. B. PROPER HANDLING OF EACH APPLICANT The way in which we interface with the individuals involved on each project is vital. Proper communication and understanding of a project and what it will take to make it successful within the guidelines of City policy is paramount to our philosophy. We see our role as the professional who assures that integrity of a project is met but to be proactive in working to help a project through the process in an expeditious manner. The CAA team is made up of qualified staff, familiar with planning/zoning, public works, engineering, construction, maintenance and landscape services. We see our role as advisors and facilitators to offer assistance, but always consistent with City regulations and codes. It is our goal to provide services which allow determination to be made by the City with the minimal amount of delay. Continuity, local sensitivity and an understanding of technical aspects of the services are critical to the project. To help assure this, select staff members will begin familiarizing themselves with your specific requirements, codes, and ordinances immediately upon your decision to select the CAA Team to provide these vital services. This coordination of activities will help our staff gain an understanding of local needs at no cost to the City until the contract is signed. The CAA team is very familiar with the desires of the City having worked with the staff for over six years. 2 C. UNDERSTANDING OF CITY POLICIES, ORDINANCES. AND CONDITIONS The CAA team for this project enters this contract with many years of experience in the City and on similar projects. The CAA Team will continue to work diligently to assure effective coordination internally and with other agencies. CAA staff has specific experience in reviewing and analyzing codes, ordinances, fee structures, etc. and providing the staff support to meet Diamond Bar's specific needs. We propose establishing services that keep the City Manager and City Council informed not only on normal activities, but also on eccentricities so that city officials are not put on the spot. D. PROPER STAFFING TO MEET WORKLOAD DEMANDS In the operation of contract services, we must be cognizant of local priorities and make-up of the community. The way in which City Services are delivered must be clear in order to respond properly to the community's needs. CAA's Team is structured to allow flexibility in manpower and will match fluctuating workloads and priorities with proper staff. Short term fluctuations are usually leveled out through use of overtime from existing staff, and temporary use of other C A A personnel brought in for peak periods. Long term needs are met through the addition or deletion of trained staff, based on the City's approval or finding more efficient ways to manage and do the work. E. ACCURATE AND TIMELY RECORD KEEPING TO MONITOR COSTS AND SERVICES CAA has established procedures to assure that records are kept accurately. We assure timely submittal of all reports. We are fully automated and provide documentation compatible with your computer systems. CAA can provide information and documents in copy or electronic form. 3 3. SCOPE OF SERVICES This section of our proposal identifies the anticipated scope of work based on your RFP and our discussions. The scope of work is designed to assure the City of high- quality and responsive services. Our approach provides for flexibility to tailor the level of service being provided to meet Diamond Bar's specific needs. A final scope of work will be prepared in cooperation with City staff. SUMMARY OF WHAT THE CITY CAN EXPECT • Project coordination from our local office; • A teamwork approach in working with City staff; • Documented office policies and procedures; • Review and modification of current forms to assure consistency in review of submittals. • Willingness to meet with the staff and public before or after normal business hours; • Turnaround of 10 working days or less for major plan checks; • All rechecks completed within 5 working days; • Expedited plan review, if requested, within 48 hours; • All meetings with applicants are at City Hall unless it is determined that a field meeting or a meeting at one of CAA's offices is more convenient; • Project inspections within 48 hours or on an appointment basis, if requested; and • Computerized/ automated record keeping. CAA believes you will find the level and quality of services delivered to be unsurpassed. You will find new and innovative services available to the City for those who use City Engineering, Traffic Engineering and Public Works related services. Diamond Bar will be assured of operations which are responsive, innovative and cost effective for years to come. PROJECT ORGANIZATION/ADMINISTRATION CAA's goal is to assure that the project is properly organized to meet the needs of the City. To accomplish this we will: Key Subtasks • Meet with the Deputy City Manager and Deputy Director of Public Works and Engineering staff as appropriate to finalize the project organization and review responsibilities. • Conduct an orientation meeting with staff to discuss internal procedures and to have a common understanding of how individuals will be interfacing and to establish a cooperative working relationship. • Evaluate review documents for adequacy. These will also be distributed to applicants for use in preparation of their plans to assure consistency in submittals. • Assure that the City's policies and guidelines are clearly understood. • Attend meetings of the City Council, Traffic and Transportation Commission, Planning Commission, City Staff, public officials, community leaders, developers, contractors, and the general public as directed. • Recommend ordinances, policies or regulations pertaining to related matters as directed. • Provide general engineering consultation in connection with technical issues such as traffic, environmental impacts, soils and geology and similar matters as they relate to city engineering aspects of a project; • Assure that the use of outside funds are optimized related to any expenditures; • Advise the City as to engineering and construction financing available from other governmental agencies, and when so directed, prepare and initiate application for such funding. 5 • Establish working relationships and coordination with other public agencies, county departments, and private utilities involving engineering matters affecting the City. • Assure that files and plans are secured, organized and kept up to date. DEVELOPMENT/PLAN REVIEW In accordance with the Subdivision Map Act, and appropriate City guidelines, CAA will provide the following services: 1. Check improvement plans for facilities under the jurisdiction of the City for both public and private streets including but not limited to grading/ retaining walls, streets, sewers and storm drains to ensure compliance with City standards and conditions of approval. 2. Review easements, lot line adjustments, dedications and vacations for engineering accuracy. 3. Assist in the preparation and evaluation of conditions of approval and inclusion of those conditions as part of the application. 4. Review tentative maps and other submittals for land divisions for proposed developments and make recommendations as to engineering matters. 5. Perform review and checking of land division final maps for accuracy and compliance with the conditions of approval. 6. Review documents such as drainage/ hydrology studies, traffic studies, noise studies and environmental reports related to an application for consistency with City policies, standards and guidelines. 7. Attend meetings with applicants, developers, contractors, staff, Planning Commission and City Council meetings as appropriate. 8. Assist other departments and outside agencies involved as part of the process. 9. Monitor and evaluate agreements and conditions of approval for implementation. We propose to implement a plan check list for informational use by firms submitting plans to the City. This will provide consistency in submittals and ease in review. 0 CONSTRUCTION OBSERVATION (INSPECTION) SERVICES Provide field observation during the construction of improvements such as grading activities, retaining wall construction, erosion control measures, streets, sewer and storm drain installation. Staff has extensive experience on all types of construction including: • Streets, sidewalks, curb/gutter; • Storm drains; • Sewers; • Utility replacement; * Slurry programs; • Retaining walls; • Grading; and • Erosion control. Turnaround time is agreed to in advance. All records are maintained and transmitted to the City upon completion by our staff. We will recommend approvals for each phase of a project and notice of completion at the appropriate time. Inspections are done within one working day - by appointment. GEOTECHNICAL REVIEWIDESIGN CAA has extensive soils and grading experience related to the Building Code and engineering standards. Our staff has worked in a variety of hillside and coastal communities and we have successfully designed and implemented soils, geology and grading regulations in some of the most difficult areas of Southern California. As part of our engineering review, we check plans submitted against soils and geotechnical reports that have been reviewed and approved by the respective consultant for implementation. TURNAROUND TIMES Tentative Maps 2 weeks or less Engineering Plans 2 weeks or less Final Maps with legal 2 - 3 weeks Recheck of plans 1 week or less • Expedited Reviews: Available as mutually agreed and based on workload at the time of the request. 7 GEORGE A. WENTZ, R.C.E. Project Assignment Key Qualifications Principal-in-Charge/City Engineer V Municipal background Years of Experience V Hands-on engineering, 28+ maintenance management Education experience B.S., Civil Engineering, Michigan State University Project commitment Registration Professional Engineer - California, Arizona, Colorado, Michigan, Nevada Relevant Experience • As Senior Vice President, Mr. Wentz is responsible for supervision of CAA's services. This includes such areas as civil engineering, public works operations, street maintenance, and building and safety services. • Administers city engineering services for all CAA clients. • Reviewed various development projects on behalf of cities. • Directed street and facilities maintenance services for the City of Aurora, Colorado. • Administers contracts in Orange, Los Angeles and San Bernardino Counties. • Representative on the Public Agencies Activities Committee for NPDES in Los Angeles County. • Representative on planning and zoning board for Aurora, CO. A key goal was to improve services and processes used for development applications. Retained to develop a streamlined process for project applications submitted to Planning and Building and Safety. • Implemented microcomputer based planning, tracking and accounting systems for numerous cities. • Conducted management audits of Public Works and Building and Safety operations for several cities. • Led a management audit of Denver Regional Council of Governments. • Designed and developed computerized management systems for several cities, counties, State of New Mexico Highway Department, Colorado Highway Department and Michigan Highway Department. Publication "A Graphic Presentation for Preconstruction Management," American Association of Transportation Officials, 1979. 11 • Bilingual in English and Spanish. Performed highway design in Puerto Rico and Public Works maintenance management training services in Peru, Ecuador and Portugal. • Computer software design for engineering management systems in governments. 12 DON WINSLOW, R.C.E. Key Qualifications Project Assignment Civil Engineer VTract Experience Plan Review Registration to sitans gn P ears of Experience Over 35 v' Bilingual English/Spanish Education A.A., Engineering, Graceland College, Lamoni, Iowa B.S., Civil Engineering, University- of California, Berkeley M.B.A., Boston University Registration Professional Engineer, California Relevant Experience • Over 35 years of experience in many aspects of civil engineering including design, construction inspection, design review and plan checking. • City Engineer for the City of Rancho Palos Verdes. • Subdivision and civil engineering improvements review for Moorpark, Rancho Palos Verdes, Diamond Bar, Apple Valley, Bradbury, Palos Verdes Estates, 29 Palms, Downey, Mission Viejo and Hidden Hills. • Subdivision review for all aspects of projects such as: geology, grading, drainage, sewers, roads and water. • Traffic Engineering design and review. • Review of lot line adjustments, easement descriptions and certificates of compliance. • Bilingual in English and Spanish. Performed highway design in Puerto Rico and Public Works maintenance management training services in Peru, Ecuador and Portugal. • Computer software design for engineering management systems in governments. 12 DANNY CHOW, R.C.E. Key Qualifications Civil Engineer ✓ Registered Engineer Project Assignment Plan Review ✓ Development experience Years of Experience N/Drainage experience 17 years Education M.S., Civil Engineering, Cal State University, Fullerton B.S., Electrical Engineering, Cal State University, Fullerton B.S., Structural Engineering, Hong Kong Polytechnic Registration Professional Engineer - California, Oregon, Washington Relevant Experience • Mr. Chow is experienced in planning, design and construction management for civil, structural, geotechnical foundation, traffic and transportation engineering. Extensive experience with all phases of design and development. • Project Manager, Tract 13835, Rancho Cucamonga, infra- structure planning and design of a 19.5 acre residential develop- ment. Project included realignment study and widening of collector streets, drainage study and on-site improvements. • Project Manager, Tract 47638, Burbank, for Burbank Redevelopment Agency, infrastructure planning and design of a 5 acre residential development including pre -development study, alternate tentative map evaluation and preparation, drainage study in connection with LA River, on-site improvement design, and preparation of bid documents for construction. • Design Engineer, Rio Hondo Reclaimed Water Project, Central Basin Municipal Water District, in the Cities of Whittier, Pico Rivera, Santa Fe Springs, Montebello, Los Angeles, Vernon and the County of Los Angeles for pipeline construction. • Design Engineer, SR 30 project in Los Angeles and San Bernardino Counties. • Project Manager for numerous public street and drainage improvement projects. • Project Manager, Rancho Mirage subdivision design for single family residential development including all infrastructure. 13 NORMAN MEYER Key Qualifications Grading/Public Works Construction Observer Project Assignment V Extensive construction Grading/Construction Observer experience Years of Experience d Strong inspection 40+ background Education N( Preparation of Engineering courses, Santa Ana College specifications License General Contractor Relevant Experience • Construction observation on a variety of public works capital projects including grading, asphalt pavement, concrete structures, street improvements, sewer and storm drain projects. • Preparation of specifications for a variety of projects. • Provided inspection on major highway and road projects in the Orange County area. • Solid construction background starting as a youth working for his grandfather's construction business. • For seventeen years owner of R&M Construction. This company maintained offices in the San Francisco bay area and in Orange. Worked on all types of construction projects from industrial parks to custom homes. 14 a� U w I f.. O ..r �. rr O cC u O UO co.n4a[�a� O'C 0>3�003� >°ao a,oaQ,o0.0Z a 0. co co �. GJ V1 to a� o b 1 au oC0.�p�� W b O >� cI�"'� O p U >> >c.o° OU "I" O O O O w O :i O C �� a� ca Ocz upnv �cun." G,v�cd Ob ° >CZ 0 �b>E 40.0 U�� �'o > oaa aoIt aaaba O CLQ. 0coVm0 W' ycchO ov Q >� O 0.pccz 4; O m u � w co ucbo� oro a Ac�_�.C�y 0cz 3>3~0�3?° 0>�Qa>i �cz >co0 >ao a ca syob.o ov 'v 3 W a w cd G.) > tU. oup- U �+o.+ co W > to U 4" � dy > O O O w O :i O C �� a� ca Ocz upnv �cun." 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UW lit 00 0 a a 0 � U C c�E co G � cz tLc 3 0 t cz W�>w3 _��-���-0 Ua��Uc 0 cz CL A G Z cz as cu aU�=baa N w � ^ y V >bWGGoo WO> OO 4b a aov°i•° of,m>cn wa4- 00 UUCO) 0.. `�? UW lit 00 0 a a 0 � U C c�E co G � cz tLc 3 0 t cz W�>w3 _��-���-0 Ua��Uc 0 cz CL A 7. COMPENSATION Charles Abbott Associates, Inc.'s fees are tied directly to the staffing commitments necessary to complete the workload associated with the services rendered. Actual staffing levels are increased or decreased based on the actual workload or specific staffing levels established by the City. Based on the information you have provided in the RFP and our understanding of the scope of services, we propose the following fees through June- 30, 1998: Plan Check • 74% of the City's fee schedule unless otherwise negotiated. Inspections • 74% of the City's fee schedule unless otherwise negotiated. Hourly Rates, As Amended from Exhibit A. Principal $140 Plan Checker $ 85 Associate Plan Checker $ 70 Senior Inspector $ 65 Inspector $ 50 All Other Activities, Extra Work or Other Services • Based on the hourly rates shown in Exhibit "A" or as otherwise negotiated. All fees and rates are subject to negotiation based on the final scope of services agreed to with the City if selected. IC] EXHIBIT A CHARLES ABBOTT ASSOCIATES, INC. HOURLY RATE SCHEDULE THROUGH JUNE 30, 1998 CLASSIFICATION HOURLY CLASSIFICATION HOURLY RATES RATES Senior Principal Consultant 151.00 Building Official, Certified 75.00 Senior Principal Engineer 145.00 Sr. Plan Check Engineer 75.00 Principal Engineer 118.00 Building Plan Check Engineer 76.00 City Engineer 102.00 Sr. Building. Plan Checker 68.00 Project Supervisor 98.00 Building Plan Checker 58.00 Project Manager 90.00 Senior Building Inspector 68.00 Structural Engineer 87.00 Building Inspector/ Checker 58.00 Sr. Registered Engineer 90.00 Permit Specialist 35.00 Engineering Associate 70.00 2 -person Survey Crew 126.00 Senior Geologist 125.00 3 -person Survey Crew 159.00 Engineering Assistant 60.00 Administrative Assistant 49.00 Senior Design Engineer 76.00 Word Processor 38.00 Design Engineer 67.00 Clerical 37.00 Senior Traffic Engineer/ Manager 125.00 Computer 35.00 Traffic Engineer Associate 72.00 Principal Planner 93.00 Transportation Planner 82.00 Senior Planner 81.00 Sr. Draftsperson (CADD) 68.00 Associate. Planner 70.00 Draftsperson (CADD) 58.00 Planning Technician 48.00 Senior Construction Observer 70.00 Senior Contract Administrator 85.00 Construction Observer 60.00 Landscape Director 93.00 Associate Landscape Architect 68.00 Landscape Associate 58.00 Rates shown above include all overhead and related costs except for direct expenses for reproduction, printing and report costs that may be incurred, which are billed at cost plus 10%. 19 PROFILE CHARLES ABBOTT ASSOCIATES, INC. HISTORY AND BACKGROUND: Charles Abbott Associates, Inc. (CAA) was founded in August of 1984 as a result of a desire to provide city/county services of superior quality at a very competitive price. CAA's founder, Charles Abbott, and other principals of the firm are recognized authorities in the field of privatization of municipal/ county services and leaders in the preparation of management seminars, training sessions, and preparation of training materials for use by local, state, national and international agencies. Locally, CAA pioneered the concept of contracting out for city services starting in the South Bay area of Los Angeles with Public Works, City Engineering, Building and Safety agencies and expanding to include the greater Los Angeles region and agencies in Ventura, Orange, San Bernardino, and Riverside Counties. A number of these municipalities exceed 80,000 in population. Recently CAA has been selected to provide Building and Safety services for San Bernardino County which is one of the largest counties in the country. Today CAA has a staff of 80 employee/owners serving in the following disciplines: Administrative 5 Civil Engineers 17 Draftsperson 1 Landscape Architects 2 Urban Planners 3 Structural Engineers 3 Surveyors 2 Permit Technicians 7 Public Works Inspectors 7 Certified Building Officials 7 Certified Building Inspectors/ Plans Examiners 24 Recycling Specialist 1 Word Processor 1 20 CAA offers a broad range of services to public sector clients. Key staffing functions include: • Building Official -Building Inspector/Plans Examiner • Code Enforcement Officer • Public Works Director • City • Engineer • Planning Director -Project/ Construction Engineer -Landscape Manager/ Supervisor • Landscape Architect • Redevelopment Agency Engineer • Development Review • Public Works Construction Observer • Permit Technician • Public Works Administrative Services • Public Works Maintenance Contracting • Traffic Engineer • Engineering Design Services • Work Management & Budgeting Systems. • Organizational/ Personnel Audits • Evaluating Fee Structures •Grant/Funding Applications • Construction & GPS Surveying • City Forester • Assessment Engineer CHARLES ABBOTT ASSOCIATES, INC., IS AN INDEPENDENT CORPORATION OWNED AND OPERATED BY ITS EMPLOYEES, INCORPORATED IN THE STATE OF CALIFORNIA. Some brief facts about CAA: • Federal Employer ID Number: 35-0053899 • Years in business: 12+ • CAA's gross annual sales are in excess of $8 million • Over 6517c of CAA's income is derived from Building and Safety related service 21 CAA's corporate headquarters are located in Torrance, California: CHARLES ABBOTT ASSOCIATES, INC. 371 Van Ness Way, Suite 200 Torrance, CA 90501 (310) 212-5778 FAX: (310) 212-0993 There are also four regional offices located as follows: Los Angeles County, East Region 20653 Lycoming, Unit A-9 Diamond Bar, CA 91789 (909) 598-1782 San Bernardino County 16209 Kamana Road, Suite 210A Apple Valley, CA 92307 (760) 242-1177 Orange County 27751 La Paz Road, Suite B Laguna Niguel, CA 92677 (714) 362-3820 Ventura County 18 High Street Moorpark, CA 93021 (805) 532-1510 22 Alhambra, CA Apple Valley, CA Azusa, CA Baldwin Park, CA Bellflower, CA Beverly Hills, CA Bradbury, CA Camarillo, CA Chino Hills, CA Claremont, CA Compton, CA Costa Mesa, CA Covina, CA Diamond Bar, CA Duarte, CA Hidden Hills, CA Huntington Beach, CA Irvine, CA Irwindale, CA Laguna Niguel, CA La Canada Flintridge, CA Lakewood, CA Mission Viejo, CA Moorpark, CA Monrovia, CA Montebello, CA Monterey Park, CA Palos Verdes Estates, CA Rancho Mirage, CA Rancho Palos Verdes, CA Rolling Hills Estates, CA Rosemead, CA San Buenaventura, CA San Fernando, CA San Gabriel, CA San Marcos, CA San Marino, CA Sierra Madre, CA Signal Hill, CA South Pasadena, CA Temple City, CA Torrance, CA Twentynine Palms, CA Ventura, CA Yucca Valley, CA Yucaipa, CA 23 9. OTHER CONDITIONS CONSULTANT SERVICES AGREEMENT CAA understands and accepts the terms and conditions of the City of Diamond Bar's Consultant Services Agreement INSURANCE CAA will provide the City with. a statement certifying insurance coverage as a prerequisite to entering into an agreement with the City. We understand that appropriate insurance coverages and qualified carriers are necessary as part of the proposed contract services. OTHER CAA also agrees to disclose to the City any contracts with, or services being performed for any developer(s), or property owners, or firm(s) owning property in the City for which CAA has or is performing any services, should any exist, during the life of our agreement with the City. Generally we do not perform work for any of the above in any City where we provide services to the local agency. 24 NEW Hall & Foreman Inc. Emiri;i�.il ,�ginunrint� •,Pl;m�• S�innr;nia • P July 10, 1998 Mr. David G. Liu, Deputy Director of Public Works City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 _ Subject: City Engineer Services Dear David: I have attached a new Organizational Chart as you requested. This replaces the chart included in our proposal. As you know, Hall & Foreman, Inc. (H&F) has added staff since Mark Stowell went to the City of Corona. The new Organizational Chart lists these new staff members that will support me in all matters pertaining Diamond Bar and other public works clients. We will also be adding a full time Inspector to our staff. by September as head inspection services. This person will be a specialist in subdivision and municipal improvements. I will continue to be the City Engineer and point of contact for all matters pertaining to development. I will be available at the City Hall for all meetings and plan check questions. I intend to be available in the City Hall for 3 days a week or as the work demands. I will be available to attend Council and Planning Commission Meetings. All plan check and inspection services will be assigned by me to my staff in order to provide continuous tracking of the work. This will ease the load on Rose. I will provide as much on site plan checking as necessary and monitor my staff for the work assigned to them. I characterize myself as a "hands on" engineer capable of providing the management role of City Engineer as well as a technical engineer to address direct questions as needed. In my role as a managing partner and owner of H&F there is a need for me to continue with that responsibility. My other partners have agreed to assist me with those responsibilities and to address these matters outside of the City of Diamond Bar service commitment. They are very supportive of this appointment. My staff is comprised of extremely well qualified technical personnel in all aspects of civil engineering and surveying. I have hired them specificallyfor public works projects. Each staff member has experience directly with public agencies. 703 North Golden Circle Drive, Suite 300 Santa Ana, California 92705-4010 TO 71416 ti4-0510 Fax June 10, 1998 City Engineer Services Andy Nowak will continue to be my primary plan checker. He has stepped in for Mark Stowell and has shown tremendous interest to support the City of Diamond Bar. He also has a similar assignment with the City of Tustin. Venki Narsim will become involved when projects include water quality, drainage and sewage issues. He has extensive experience with municipal agencies including Brea, Yorba Linda, Anaheim, Industry, Cerritos, Pomona, Corona and many others. Dennis Donahue is a recent hire who has been employed with public agencies including FEMA as an engineer and construction Branch Manager, City Engineer to the City of Monrovia and Assistant City Engineer to the City of Arcadia. Dennis will have the opportunity to assist me and stand in for me in my absence when necessary. H&F will continue with the key survey and mapping staff who has provided services in the past to Diamond Bar. Steve Shambeck and Michael Navarro are excellent map, lot line adjustment and legal description writers and who currently provide similar services to Brea, Tustin, SANBAG as well as to our private developer clients. These new members to the H&F staff will augment your staff and provide exemplary service for many years to come. Thank you for making us a part of the City of Diamond Bar Team. Sincerely, Hall & Foreman, Inc. Jo ourgeois, P.E. Executive Vice President, Principal Page - 2 of 2 Nor PROJECT TEAM ORGANIZATION CHART STEVE SHAMBECK, P.LS HALL & FOREMAN. JlYC MIKE NAVARRO, LS.I.T. HALi & Fomim li. ItiC. CITY OF DIAMOND BAR f DEPUTY offmcTOR OF PUWC WORKS DAVID G. Liu P.E. JON BOURGEOIS, P.E. EXEC. V.P. HAIL & FOREMAN, INC. VENKI NARSIM, P.E.,P.LS. HALL $ FOREMAN, JNC. DENNIS DONAHUE, P.E. ENGINEERING STAFF HALL & FOREMAN. INC. ANDY NowAK, P.E. HALL $ FOREMAN, INc. DOUG ERDMAN, E.I.T. HALL & FOREMAN. INC. TRAFFIC SIGNAL. I JOHN HUIE SUBCONSULTANT NEW Hall & Foreman, Inc. Ctv;i Engineer,nll - Pianning Surveying - Putin Vvnr, November 21, 1997 Mr. David G. Liu Deputy Director of Public Works City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765-4177 Subject: Proposal for City Engineering Services Dear Mr. Liu: P198-096 ("7 Hall & Foreman, Inc. has been providing the City of Diamond Bar engineering services for the past three years as part of the six member, on-call, consultant engineering team. We have proven our dedication to providing the City with high quality, timely, professional plan checking and inspection services. We intend to continue providing your city with the same dedicated individuals as in integral part of your team. Mark Stowell is the logical choice to fulfill the City Engineering duties. His experience within the Public Works Department will make the transition seamless. He has trained for this position and is ready for the challenge. Jon Bourgeois will continue to provide support for Mark. Jon has provided City Engineering Services for the City of Brea as Deputy City Engineer from 1984 through 1996. We have provided a proposal which demonstrates; • Our ability to meet and the objectives set forth in your Request for Proposal for City Engineering Services. • Our commitment to provide timely, responsive service. • How our experience with the City of Diamond Bar gives us a full understanding of the City's needs and how to meet your goals. • How our similar work with other City agencies provides us with the capabilities and background to be the best qualified to provide the City of Diamond Bar engineering services. • Our willingness to help improve the customer service and efficiency of your department through our experience with other agencies. • Our fee is fair and reasonable for the level of service we have committed to you. 203 North Golden Circle Dave, Suite 300 Santa Ana, California 92705-4010 TO 714/664-057 714:664 �)F�6 Mr. David G. Liu City of Diamond Bar November 21, 1997 P198-096 We are positioning our firm's resources to meet and exceed the requirements of the engineering services you desire. We want our relationship with the City of Diamond Bar .to grow. Please call us and we can discuss our proposal in further detail. Yours truly, HALL & FOREMAN, INC. Jon E. Bourgeois, Executive Vice President/Principal PROPOSAL CONTENTS • For a quick introduction to our firm and an overview of our firm's qualifications, turn to the Introduction and Qualifications on Page A-1. • Who are the experts on our Project Team, turn to Page B-1. • How our team is organized to best serve you, turn to Page B-3. • What each team member will do, and why they are so capable, turn to Page B4. • How our current Related Experience provides us with the capabilities necessary, turn to Page C-1. • Why our Approach & Philosophy to the project is so effective, turn to Page D-1. • What our Comprehensive Scope of Services will entail turn to Page E-1. • To review proposed Compensation/Billing Method and our Schedule Of Hourly Rates, turn to Page F-1. • To review our Statement regarding the City professional services agreement, our insurance coverage, our references for similar projects and our company background turn to the Supplemental Information on Page G-1. mm mr ■. r J INTRODUCTION & QUALIFICATIONS Hall & Foreman, Inc. is committed to the success of our clients. Since, 1961, consistently productive results in civil engineering, surveying and land planning have propelled Hall & Foreman, Inc. to a leading position in public works and residential, commercial and industrial development. Hall & Foreman, Inc. currently provides engineering services for the Cities of Tustin, Brea and Diamond Bar and the Yorba Linda Water District. As contract City Engineer for the City of Brea since 1980, Hall & Foreman, Inc.'s subsidiary, Sam W. Peterson & Associates, Inc. has been involved in the plan checking and design for all of many developments in Brea. These plan checks include review for conformance with all local ordinances and codes, EIR studies, Planning Commission conditions of development, federal, state and special district requirements and guidelines for Americans with Disabilities. Our on-call city engineering services for the City of Tustin includes providing development review and plan checking services. We are well -versed in the checking of all survey mapping requirements pertaining to tract maps, parcel maps, records of survey and various other review functions for legal descriptions and exhibits for adjustments of lot lines and general right-of-way adjustments. Our staff has a thorough understanding of the Subdivision Map Act and knows the requirements for completing, processing and recording survey documents in Los Angeles County. Our team members are highly experienced in their fields and are very familiar with City staff and the City's infrastructure. Our knowledge of the history of development and capitol improvement projects within the City, our experience with developers and engineers through plan check and inspection within the City and our excellent relationship with your staff will allow us to take this job and hit the ground running. As your consultant our job is to serve you, advise you and support you. We will be a dependable, reliable, responsive member of the City of Diamond Bar engineering team. A-1 PROJECT TEAM We have assembled an experienced team of professionals to provide City Engineering Services for the City of Diamond Bar. Our project team is comprised of the following individuals and organizations: David G. Liu, P.E. - Deputy Director of Public Works, City of Diamond Bar Mark L. Stowell, P.E. - City Engineer Jon E. Bourgeois, P.E. - Plan Checker Doug A. Erdman, E.I.T. - Inspector Michael Navarro, L.S.I.T. - Map Checker John Huie - Traffic Signal Inspector - Subconsultant Mr. Stowell will be the contact person for the City of Diamond Bar. He will coordinate and assign work as appropriate. He will oversee each project to maintain the schedule and a consistent level of professional service. He will be accessible to City Staff twenty-four hours a day including weekends. Mr. Stowell will also provide plan check and inspection services if his work load permits. Mr. Stowell is a Registered Civil Engineer with experience in providing engineering services for public agencies. He is the former Assistant City Engineer for the cities of Los Alamitos and Villa Park. He provides engineering plan check and inspection services for the City of Diamond Bar and provides development review and plan checking services for the cities of Tustin and Brea. Mr. Bourgeois is a Registered Civil Engineer with the authority to sign and stamp survey documents. Mr. Bourgeois has a vast array of experience checking plans and engineering documents. His background'includes hydrology and hydraulic analysis, water network service pressure distribution, retaining wall calculations, street light schematics, traffic engineering, review of project specifications and conformance to local grading ordinances for subdivision, commercial and industrial projects. Mr. Bourgeois has been providing development reviews and engineering plan and map check reviews for the City of Brea for over 16 years. He is the District Engineer for the Yorba Linda Water District in which he provides sewer plan check services. Mr. Bourgeois has been providing plan check services for the City of Diamond Bar for the past three years. Mr. Bourgeois will also provide inspection services. Mr. Erdman, E.I.T., has a strong background in street, sewer, water and storm drain inspection. Under the supervision of Mr. Stowell, Doug has provided inspection services for the City of Diamond Bar over the past year. I:aI PROJECT TEAM Mr. Navarro, L.S.I.T., has prepared numerous tract and parcel maps, record of surveys, lot line adjustment and legal descriptions and exhibits. He is responsible for map checking for the City of Brea and Tustin. Mr. Navarro will provide map checking services for the City of Diamond Bar under the direct supervision of Mr. Bourgeois. Mr. Huie has prepared numerous traffic signal designs for public agencies throughout Southern California. His experience includes design, plan check and inspection of traffic signal improvements and traffic signing and striping. Mr. Huie has provided several traffic signal designs and inspections for the City of Diamond Bar. PROJECT TEAM ORGANIZATION CHART CITY OF DIAMOND BAR City Eng. Services DAVID LIu, P.E. DEPUTY DIRECTOR OF PUBLIC WORKS MARK STOWELL, P.E. Hall & Foreman, Inc. MIKE NAVARRO, L.S.I.T. JON E. BOURGEOIS, P.E. Hall & Foreman, Inc. 0 1 ( Hall & Foreman, Inc. DOUG ERDMAN, E.I.T. Halt & Foreman, Inc. JOHN HUIE Warren C. Siecke Tranap"don & Traffic RESUMES Mark L. Stowell, P.E. Assignment: City Engineer HALL & FOREMAN_ INC Education: BSCE 1989, California State University, Fullerton Registration: California Registered Civil Engineer No. 49759 (1992) Experience and Professional Background: Mr. Stowell's experience includes a full range of engineering design including grading, erosion control, street, sewer, water, storm drain and traffic signing and striping. Mr. Stowell's experience includes the application of the Americans with Disabilities Act (ADA) regulations, administration of the National Pollutant Discharge Elimination System (NPDES) program and funding application preparation and design of Federally funded projects. He has the experience of preparing designs as well as reviewing them. He has been on both sides of "the counter". This balance of experience provides Mr. Stowell with a realistic view of what can and needs to be done in order to satisfy the needs of the city, yet provide fair and reasonable requirements for the developer. Representative Assignments: Assistant City Engineer for the Cities of Los Alamitos and Villa Park. Duties included project development review, plan checking, miscellaneous engineering services and administration, issue grading and encroachment permits, grading and public works inspection, processing lot line adjustments and parcel/tract maps and processing Federal, State and local funding applications and reimbursement requests. He attended Planning Commission and City Council meetings in the absence of the City Engineer. Development in the City of Villa Park involved grading of hillside lots. Particular attention to the Uniform Building Code, the Orange County Grading Code and good engineering judgement was required. Close relationships with city staff, developers, contractors and the public was maintained in order to efficiently manage the work load. Mr. Stowell provides on-call engineering assistance for the City of Tustin Public Works/Engineering Department. Mr. Stowell provides development review including determining the conditions of approval for projects as small as room additions to as large as multi -phased residential tract developments. He developed a standard list of conditions of approval for use by city staff. Mr. Stowell provides plan check services as well as delegating and coordinating plan checks with support staff and other city departments. Mr. Stowell meets with developers, contractors and the public as needed to discuss issues regarding development and/or his plan checking services. Mr. Stowell has developed new city standard plans for driveway approaches which meet current ADA requirements. WE RESUMES HALL & FOREMAN, INC. Mr. Stowell provides engineering plan check and inspection services for the City of Diamond Bar. Plan check services include review of grading, erosion control, street, sewer and storm drain plans. He coordinates with developers and/or engineers as required to ensure a timely response for the plan check. Typical projects include improvements for large single family estates and residential subdivision developments. Most projects involve grading within hillside terrain. Designs are reviewed for conformance to the requirements of the U.B.C., the City of Diamond Bar Hillside Management Ordinance, the Soils Engineer's recommendations and good engineering judgment. Inspection services include inspection of grading, erosion control, street, sewer and storm drain for projects as small as minor retaining walls to improvements for large scale residential subdivisions. RESUMES Jon E. Bourgeois, P.E. Assignment: Plan Checker, Map Checker HALL & FOREMAN. INC. Education: BSCE 1975, Northern Arizona University, Flagstaff, Arizona Registration: California Registered Civil Engineer No. 30242 (1979) Experience and Professional Background: Mr. Bourgeois, Vice President/Principal has 18 years of experience in public works engineering and design. His current responsibility includes project management, contract administration and design for diverse public works projects, such as street widening, sewer, water, storm drain improvements, and right-of-way engineering for such various public agencies as Cities of Brea, Pomona and Laguna Beach. His recent experience includes an array of street design projects that are funded by the ISTEA program. Representative Assignments: Plan Checking, City of Diamond Bar: Mr. Bourgeois has been responsible for plan checking and public works inspection services for the City of Diamond Bar for the past three years. Plan checks include single family home grading improvements and tract improvements including sewer, storm drain, street, grading, erosion control and map checking. Mr. Bourgeois was responsible for the plan checking of the entire hillside development of Tract 47850 in the City of Diamond Bar. Grading issues included the access to the site through "The Country" and adjacent developments, canyon fills and dispersing drainage before entering Tonner Canyon below the development. He worked closely with the developer's Engineer to incorporate all of the sensitive geotechnical issues, to conform with the tentative map and conditions of approval and to keep this project on track. Today this project is close to completion of the grading and infrastructure. Mr. Bourgeois, along with other inspection staff, have kept this project in conformance with the approved plans. Plan Checking, City of Brea: Since 1981, Mr. Bourgeois has been responsible for all in-house plan checking for all development projects within the City's sphere of influence. This includes preparing staffing recommendations during the plan review/tentative map approval period, review with the developer to provide information, research and develop plans and associated city development issues, inter -city department coordination (i.e., maintenance, parks, fire, police, water, sewer, traffic, planning, etc.), determine fees for plan checking, permits, drainage, etc. distribute plans, and compile inter -city plan check reviews, meet with developer and their engineer to review plan check requirements, negotiate design issues for conformance to City codes and standards and make recommendations to the City Engineer. The plan check responsibilities include periodic reviews and conferences with the City Engineer to ensure that the checking process was in concurrence with the staff manager's directives. moor mm r :. RESUMES HALL & FOREMAN. INC Mr. Bourgeois has been instrumental in assisting the City of Brea during the development of Olinda Heights, a 55 acre master planned community in Carbon Canyon. Mr. Bourgeois has been involved during the development of conditions of approval, approval of the Vesting Tentative Map and hazardous and contaminated material remidiation of the oil production property. The Army Corps of Engineers, Caltrans and the County of Orange together with other agencies have been included during the development and plan checking process. The I roject is now approaching the approval of the rough grading, storm drain improvements, erosion control and street improvements for the backbone of the development. Each tract, within the master plan, will be plan checked to conform to the master development. Mr. Bourgeois and his staff are currently reviewing the impact of the development on the master plans of water and sewer. The results of this report will be added to the development conditions by the City Engineer. Yorba Linda Water District - Since 1995, Mr. Bourgeois has been appointed as the District Sewer Engineer of the Yorba Linda Water District. He is responsible for the review and approval of all sewer facilities for the District. Currently Mr. Bourgeois is plan checking the Toll -Shell development in Yorba Linda. He is responsible for the compatibility of the development with the master planned sewer system and connections to the Sanitation Districts of Orange County. Mr. Bourgeois will be responsible for the construction inspection of all District facilities. B-7 RESUMES HALL & FOREMAN INC. Douglas A. Erdman Assignment: Inspector Education: BSCE 1992, University of California, Irvine Registration: California Registered Engineer in Training Experience and Professional Background: Mr. Erdman has worked on numerous street rehabilitation, sewer, water and storm drain projects for Federal, State and local agencies in Orange and San Diego Counties. Mr. Erdman has provided inspections for the Federal Emergency Management Agency Disaster Aid Program and has experience with the National Pollutant discharge Elimination System (NPDES) program. Representative Assignments: Provides public works and private property improvement inspections for the City of Diamond Bar. Inspections include grading, erosion control, street, sewer, storm drain and retaining walls. Currently Mr. Erdman is involved with the inspection of improvements for Tract 47850 in the foothills north of Tonner Canyon. Provided inspection for the Tri -Cities Municipal Water District for installation of 500 linear feet of sheet pile retaining wall adjacent to a 42" water transmission main. Inspection also included the placement of rip -rap over the pipe line at four crossings of Aliso Creek. �1� RESUMES Michael Navarro Assignment: Education: Registration: HALL & FOREMAN. INC. Map Checker College Curriculum/Rancho Santiago College Survey, Boundary Control and Legal Description California Registered Land Surveyor in Training Experience and Professional Background: Mr. Navarro has been instrumental in the plan preparation of Parcel Maps, Tract Maps and Record of Surveys for the City of Brea. His experience includes preparation of all legal descriptions, boundary surveys and analysis. Mr. Navarro also plan checks all maps in accordance with the Subdivision Map Act and guidelines for the preparation of maps currently in acceptance in the industry. Representative Assignments: Downtown Infrastructure, City of Brea: Survey Designer for the preparation of five parcel maps for the City of Brea Redevelopment of 55 acres in the downtown area. Submittals to the County for recordation included all legal descriptions, boundary and lot line calculations and coordination with local utility agencies for the vacation and quitclaim of existing easements and granting of new easements within the project area. Map Checking, City of Brea: Mr. Navarro currently is actively involved in plan checking all Parcel Maps, Tract Maps, and Record of Surveys for the City of Brea. These plan checks include review of all legal documents including title reports, litigation guarantees, record easements and vesting agreements. Legal descriptions are checked for accuracy in wording, terminology and parcel and boundary closures. Records maps are checked in conformance with all City codes for legal lots and lot splits against the Subdivision Map Act mandates, and all local, County and state criteria. All map checks are thoroughly documents with check prints and written comments. These items are returned to the City for review and processing by the Senior Engineer. PM 93-182 - Orange and Lambert, City of Brea: Preparation of final parcel map for the Brea Redevelopment Agency for development of a future restaurant site.. Map preparation included reducing field survey data for existing monuments, adjusting closures and preparing final closure analysis and parcel map drafting. Review title reports and guarantees that impact site development. Imperial Highway - State College Widening, City of Brea: Preparation of all right-of-way plats and legal descriptions for the acquisition of street right-of-way for widening of Imperial Highway, State Route 90. Mr. Navarro was responsible for preparing all legal documents including exhibits for temporary construction easements, before and after plats and review of all title reports and litigation aearantees. All riaht of way eichibits were prepared in conformance with Caltrans requirements for acquisition. ,4anneN C. qieeke TRANSPORTATION AND TRAFFIC ENGINEERING PROFESSIONAL EXPERIENCE JOHN C. HU IE John Huie has over twenty-five years experience in the traffic engineering field. He has been involved in the design of over 400 traffic signals. Mr. Huje also has extensive experience in street lighting design. Most notably, he was the lead person in development of the arterial street lighting standards for the City of Culver City and the design of street lighting on Sepulveda Boulevard, Jefferson Boulevard and Slauson Avenue. He was also a key member of the design team for the traffic signal interconnect, signing and striping on these arterial streets. Mr. Huie has extensive knowledge of computerized traffic signal systems which was gained through the design of the Multisonics systems in Arcadia, Brea and Culver City and the Econolite system in Placentia. In addition, his skills at operating these systems has been developed through his responsibilities for day-to-day management of the Brea, Culver City and Placentia systems. Mr. Huie was also instrumental in preparation of the city-wide interconnect master plan for the signal systems in Brea, Culver City and Placentia. Mr. Huie's knowledge of traffic operations is based on his involvement in projects from the conceptual stage through construction including project inspection. This experience includes the following representative projects: Diamond Bar -Design and inspection of traffic signals at Grand Avenue and Rolling Knoll Drive, at Pathfinder Road and Brea Canyon Road, at Diamond Bar Boulevard and Fountain Springs Road, at Diamond Bar Boulevard and Shadow Canyon Drive, and at Diamond Bar Boulevard and Goldrush Drive. La Verne - Design and inspection of traffic signals at Fairplex Drive and Pudding stone Drive, at Arrow Highway and D Street, and at White Avenue and Eighth Street. Culver City - Design and project management of 30 traffic signals, 3.5 miles of street lighting and 1.5 miles of traffic signal interconnect in the redevelopment area. Ponwna - Inspection of traffic signal modifications at 14 intersections on Ilolt Avenue. Resume aue 97 20142 CANYON DR., YORBA LINDA, CA 92686 714/970-6247 0 FAX 714/779-1644 RELATED EXPERIENCE HALL & FOREMAN, INC. CITY OF BREA Since 1981, Hall & Foreman, Inc. has been responsible for all in-house plan checking for all development projects within the City's sphere of influence. This includes preparing staffing recommendations during the plan review/tentative map approval period, review with the developer to provide information, research documents, plan and associated city development issues, inter -city department coordination (i.e. maintenance, parks, fire, police, water, sewer, traffic, planning, etc.), determine fees for plan checking, permits, drainage, etc. distribute plans, and compile inter -city plan check reviews, meet with developer and their engineer to review plan check requirements, negotiate design issues for conformance to City codes and standards and make recommendations to the City Engineer. The plan check responsibilities include periodic reviews and conferences with the City Engineer to ensure that the checking process was in concurrence with the staff manager's directives. Currently we are providing plan and map check services for a large multi -phase residential subdivision located in the hills at the west end of Carbon Canyon. Plans being reviewed include: rough grading, street, sewer, water, storm. drain and erosion control. Agency: City of Brea Number One Civic Center Circle Brea, California 92621 Contacts: Phil Wray, City Engineer 714-990-7763 John Hogan, Asst. City Engineer 714-990-7657 CITY OF DIAMOND BAR Hall & Foreman, Inc. has been providing the City of Diamond Bar plan checking and inspection services for *the past three years. Plan check services include review of private and public grading, erosion control, street, sewer and storm drain plans. Inspection services include inspection for public works encroachment permits and public and private grading, erosion control, street, sewer and storm drain improvements. Most plans check reviews and inspections involve improvements to hillside lots. We completed a plan check for a 50 lot subdivision in the hills adjacent to Tonner Canyon (Tract 47850) which involved reviewing the tract map, grading plans and all infrastructure improvements. Currently we are providing inspection services for the tract grading and improvements. Nor C-1 RELATED EXPERIENCE HALL & FOREMAN, INC. CITY OF TUSTIN Hall & Foreman, Inc. provides on-call engineering services for the Public Works/Engineering Division. Mr. Stowell provides project review including development of the conditions of approval, plan checking services including coordination with city staff and miscellaneous engineering services as required at City Hall on an on-call basis. We are responsible to ensure all proposed public and private property development designs meet Federal, State and Local requirements including ADA, NPDES and various city policies. Typical projects processed include: • Residential improvements including grading, erosion control, street, sewer, water and storm drain • Commercial developments • Utility encroachment permit applications • Special bike/horse trail improvements • Public park improvements Currently we are providing plan check review for Tract 15420 in the "Fustin Ranch" area of the City. The plan check includes review of grading, street, sewer, storm drain and retraining walls. Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Contact: Dana R. Kasdan, P.E. 714-574-3150 Jerry Otteson 714-574-3162 11� C-2 APPROACH & PHILOSOPHY Approach The City of Diamond Bar desires to secure the services of a qualified consulting civil engineering firm to provide city engineering services. Hall & Foreman, Inc. understands the City's needs to control development in accordance with General Plan and City Codes. We have the capabilities to be a knowledgeable and responsive member of the City engineering team. We will represent the City with professional and efficient service to the public. - Our approach to providing City services is based on basic principals: • Public safety • Protection of private and public land rights • Protection of public interests • Minimizing the maintenance responsibilities of City forces • Minimizing public liability • Promote the General Plan • Maintaining public service levels • Providing efficient, responsive service • Provide for the needs of the community and its citizens • Meeting the special requirements of Federal, State and local agencies and the ordinances and policies of the City of Diamond Bar Philosophy Our philosophy is simple - ensure the success of the City which in turn ensures the success of our firm. This philosophy extends to the personnel of the team as well. Each team member is committed to the success of the City; to provide high quality, efficient, professional city engineering services. We believe in • Quality service • Timeliness in providing our services • Follow through on what we propose • Responsiveness • Providing a City Engineer with a hands on approach to getting work done • Providing a small core team to ensure cohesiveness and effective communication, but maintain support staff back-up as needed • Close communication with City Staff, other agencies, developers and residents • Having the City Engineer be available 24 hours a day • Remember who we work for moor mor D-1 SCOPE OF SERVICES Based on the information presented in the City of Diamond Bar "Request for Proposal for City Engineering Services" dated October 10, 1997, our telephone conversations with Ms. Rose Manela and our experience providing similar services for other public agencies, we propose the following Scope of Services: 1. Project Review Process The City Engineer will administer the development review process. His duties will include: • Coordinating with City staff. • Attending meetings with property owners, developers/contractors and others. • Coordinating with other public agencies and utility companies. • Responding to development review requests in a timely manner. The City will be promptly notified of any delays beyond our control. • Conducting a field review of the proposed development (if necessary) to note any conditions that should be addressed. • Preparing and monitoring the implementation of project conditions of approval. • Conditions of approval will be developed to include requirements for public facilities to be constructed to support the development. • Assisting other departments and outside agencies with regard to development related projects/matters. • Attending Planning Commission and City Council meetings as necessary. 2. Plan Check Services Mark Stowell (City Engineer) will be the City contact person. He will assign the plan/map check to the appropriate plan checker and monitor its status to ensure its completion within the schedule. Mr. Stowell will sign and stamp all approved plans and Mr. Bourgeois (Plan Checker) will sign and stamp all approved maps, lot line adjustments and other survey related items. • Grading plans will be checked against the soils and geotechnical reports reviewed by the City's on-call soils and geotechnical engineering firms • Drainage studies and traffic studies will be reviewed to insure they are conceptually sound and conform to the City standards, County/State standards, where applicable, and accepted engineering practices. • All plans will be checked for conformance with City of Diamond Bar standards and guidelines for plan preparation. • Grading/retaining wall, street, sewer and storm drain plans for both private and subdivision developments will be reviewed for conformance with the conditions of approval, Federal & State requirements and standards, County grading code and standards, Uniform Building Code, City of Diamond Bar Hillside Management Ordinance No. 7 (1992) and accepted engineering practices. • Map checking services will include checking and approving easements, lot line adjustments, dedications, vacations, parcel and tract maps. Map checks will include reviewing title reports, boundary closure analysis, signature certificates and review of lot and parcel layout for consistency with local City ordinances for subdivision, County requirements and Subdivision Map Act mandates. NEW E-1 ■■r SCOPE OF SERVICES • Review plan/map to ensure agreements and engineering conditions of approval for previously approved development projects are throughly implemented. • Plan checker will be available to meet with City staff, the general public and applicants at City Hall as needed. • Plan checks will be picked up and delivered to City Hall at no cost to the City. • Maintain accurate in house records of approved plans, revisions and reports. • We will maintain an established plan check procedure and turn around time. • We propose a time frame for first plan check (average project) of one week. Subsequent plan checks will be completed one week or less. Large or more complicated jobs may require additional review time. The City will be notified of any plan check time extensions prior beginning the plan check. Upon completion of all plan reviews a detailed letter will be prepared listing all concerns and questions to be addressed upon receipt of the next plan check. The letters will provide a complete history of the plan check which can be used to verify the engineer's response to the plan check(s). For your review we have included a sample check list (see supplemental information) which will be used on the larger more complicated development projects. 3. Inspection Services • Inspection services will be provided by a qualified inspector for construction of streets, sewers, storm drain, grading, retaining walls, erosion control measures, and traffic signals for both private and subdivision developments. • Daily inspection records shall be provided. • Each phase of construction shall be approved by the inspector as required. • All inspections will be performed within one working day of the request for inspection. 4. Miscellaneous Engineering Services Our staff will be available to assist City staff on a variety of engineering services on an as needed basis. The services may include but are not limited to: • Developing engineering cost estimates • Preparing engineering reports/studies • Development of Standards and/or Specifications • Plan check fee accounting and correspondence with developer E-2 FEE & RATE SCHEDULES Hall & Foreman, Inc. proposes the following compensation/billing method for providing City Engineering Services. Fees and billing are based on the work task descriptions shown in the Scope of Services. 1. Project Review Process Compensation: We propose compensation based on time and materials spent. The hourly rates are shown on the following Hourly Rate Schedule. Billing: Invoices will be made on a monthly basis. The invoice will include a detailed breakdown and description of the tasks completed and the person(s) by classification who worked on them. 2. Plan Check Services Plan/Map Checks for Average Design Complexity Compensation: We propose a Lump Sum compensation based on 75% of the City's Fixed Fee Schedule. Billing: Invoices will be made on a monthly basis. The percent complete will be billed against a purchase order for the particular project and/or phase. As -built Plan and Map Reviews Compensation: As -built plan mapping function and drainage study reviews will be compensated on a hourly basis. An estimate of the time needed to complete the review will be provided by Hall & Foreman, Inc. Billing: Invoices will be made on a monthly basis. The invoice will include a detailed breakdown and description of the tasks completed and the person(s) by classification who worked on them. For more complex development designs, plans/maps will be reviewed on a time and materials basis. We will request the developer submit a deposit for the plan/map checkers to bill against. The deposit requested will be estimated by Hall & Foreman, Inc. and approved by the Deputy City Engineer. This method will be reviewed on a case by case basis with acceptance by the Deputy City Engineer. 3. Inspection Services Compensation: We propose a Lump Sum compensation based on 75% of the City's fixed fee schedule. Billing: Invoices will be made on a monthly basis. The percentage complete will be billed against a purchase order for the particular project phase inspected.lip A. F-1 FEE AND RATE SCHEDULES Developers or contractors will be billed $75.00 for each extra inspection required. Hall & Foreman. Inc. will receive 75% of the fee received. On large scale multi -phased construction projects the contractor will be requested to consolidate their construction efforts, where possible, to minimize the number of trips required by the inspector. For example, a contractor responsible for constructing a project with several retaining walls would be asked to construct a majority of the walls at one time, if possible, rather than several small segments. 4. Miscellaneous Engineering Services Compensation: We propose compensation based on time and materials spent. An estimate will be provided prior to beginning work on the task. The hourly rates are shown on the following Hourly Rate Schedule. Billing: Invoices will be made on a monthly basis. The invoice will include a detailed breakdown and description of the tasks completed and the person(s) by classification who worked on them. mm or mor F-2 SCHEDULE OF HOURLY RATES City Engineer $100.00/Hour Plan Checker/Map Checker $ 90.00/Hour Inspector $ 70.00/Hour Traffic Signal Inspector $ 85.00/Hour ClericallAdministration $45.00/Hour Customized billing formats can be provided upon request. F-3 SUPPLEMENTAL INFORMATION HALL & FOREMAN, INC. Consulting Services Agreement Hall & Foreman, Inc. has reviewed all terms and conditions outlined in the Consulting Services Agreement and find them acceptable. Insurance Hall & Foreman, Inc. carries professional liability, comprehensive, general liability, automobile and workers compensation coverage in the amounts required by the City. References City of Brea John Hogan, Assistant City Engineer Number One Civic Center Circle Brea, California 92621 714.990.7657 City of Tustin Dana Kasdan, Engineering Services Manager 300 Centennial Way Tustin, CA 92780 714.573.3150 Additional Services Available Yorba Linda Water District Chuck Gray Engineering Manager 4622 Plumosa Drive Yorba Linda, CA 92686-0309 714.777.3748 We can provide the City with a variety of additional engineering services. Some services include • In house staff support • Capital improvement project design • NPDES administration • Land Surveying • Right-of-way engineering G-1 E F INTRODUCTION AND BACKGROUND Hall & Foreman, Inc. is committed to the success of our Clients. We are a dedicated team of professional engineers, planners and surveyors blending nearly 36 years of experience with progressive thinking and technology. We believe in forming a partnership of trust with each Client through a written commitment of responsive, comprehensive and timely service. Hall & Foreman, Inc. was founded in 1961 by Jack Hall, then the Assistant Public Works Director/City Engineer for the City of Santa Ana. The firm was incorporated in 1963, the same year that Hugh Foreman (City of Santa Ana, Public Works Director) and George D. Shambeck, (Senior Right -of -Way Engineer, Orange County Flood Control District) joined Mr. Hall in this endeavor. During the next 35 years, the firm has earned a successful relationship with the Southern California public works community and the various agencies located in this area. Hall & Foreman, Inc. is a full service civil engineering and land surveying firm providing services for projects as small as minor lot line adjustments and as large as the Community Facilities District for a 4,000 -unit planned community. in the City of Fontana known as the Village of Heritage. In 1989, we acquired Sam W. Peterson & Associates, a public works engineering firm which has provided public works engineering in Southern California for 15 years. The Public Works team brings a wealth of expertise to our firm's commitment to provide continued service to the public agencies located in Southern California. Approximately 50 percent of the services we provide are for public works engineering projects. Sam W. Peterson, President, is now semi -retired but is available for special projects. Included in our Staff is Warner Younis, P.E. Warner has been in the public sector for 25 years and had guided his own Civil Engineer firm for seven years. His public sector experience includes design engineering, project management and Assistant City Engineer services for the city of San Clemente. His experience is available to the Staff and he is available for project assignment as necessary. Today, Hall & Foreman, Inc. provides professional services to dynamic public organizations such as the Orange County Transportation Authority, the Cities of Laguna Beach, Diamond Bar, Brea, Tustin, Costa Mesa, Ontario, Rialto, La Quinta, Rancho Mirage and Fontana, and the Yorba Linda Water District and Orange County Environmental Management Agency. We incorporate the 12atest technology to provide service to our Clients which helps to insure their success. G-2 Oct -06-98 03:%iam rom—. EXHIBIT "A" CHARLES ABBOTT ASSOCIATES, INC_ HOURLY RATE SCHEDULE THROUGH JUNE 30,1999 ZHXOI-lCH 11ZYli 30Saaa HO[1ISi-JC tSv�F_ 2CHEDII.I'E C-HdisrEz vaso?_r vazoci� LEz- rvic EXHIBI,I, of 0t; -0E-00 03:51W jlmCWVrE2 VIDW MOCIVIEZ INC 3105150003 1-230 VDA03 H03 FACTSHEET Company: HALL & FOREMAN, INC. Founded: 1961 Offices: 203 North Golden Circle Drive, Suite 300 Santa Ana, CA 92705 (714)664-0570 545 North Mountain Avenue, Suite 106 Upland, CA 91786 (909) 982-7777 Principals: John C. Hogan, P.E., President, 11 Years Jon E. Bourgeois, P.E., Executive Vice President, 17 Years Jon E. Sollie, P.L.S., Vice President, 21 Years Vice Presidents: Warner P. Younis, P.E., Vice President, 4 1/2 Years Steve Reiner, P.E., Vice President/Inland Empire, 8 Years Associates: Robert C. Everson, P.E., Project Director, 6 Years Harold A. Garcelon, P.E., Production Manager, 7 Years Moneen McCarter -Becerra, Human Resources Manager, 33 Years Steve Shambeck, P.L.S., Project Manager, 11 Years Chairman of The Board: George D. Shambeck, P.L.S., 36 Years Personnel: 46 Employees 12 Registered Civil Engineers • 6 Registered Land Surveyors Experience: Over 36 years of professional service to Orange, Los Angeles, San Bernardino, and Riverside County agencies, developers and other professionals. Disciplines: Land Surveying Planning/Entitlement Subdivision/Retail/Commercial/Industrial Engineering Municipal/Agency/Engineering Construction Staking/Management Computer Systems: Pentium P.C.'s, AutoCadd Versions 12 and 13, SoftDesk, Intergraph Microstation Version 5.0, DCA, GPS, GIS Public/Private Sector Work Breakdown: 25/75 G-3 11ror, RANGE OF PUBLIC WORKS SERVICES Aerial Topographic Surveys Assessment District Engineering Capital Improvement Projects Construction Staking Design, Alignment and Route Surveys Grant Applications and Design Reports Drainage and Channel Design Highway/Freeway Engineering Hydraulics/Hydrology Studies Maintenance Districts Master Plans for Infrastructure Military Housing Geographical Information Systems (GIS) FINANCIAL CONDITION Parks, Golf Courses, Recreation Facilities Design Plan Check Consulting Plans, Specifications and Estimates Redevelopment Projects Right -of -Way Engineering Sewer and Water Improvement Design Standards and Specifications Street Infrastructure Design Traffic Engineering Transportation Planning Water Reclamation Facilities Water Resources Engineering Hall & Foreman, Inc. has remained in continuous service to the Southern California community for 36 years. During that time, we have provided quality and timely service to our Clients. Hall & Foreman, Inc. has gross revenues between $5 million and $8 million per year. The firm is privately held as a California Corporation. With notice, we can comply with requirements of most public agencies for audits or inspection of records. Our accounting software is flexible and can yield the information required for accounting on public works projects INSURANCE Hall & Foreman, Inc. maintains insurance in the following amounts: 1. Professional Liability 2. General Liability 3. Automobile Liability 4. Workers' Compensation $1,000,000 $1,000,000 $1,000,000 Statutory Limits G-4 moor mmr EQUAL OPPORTUNITY Hall & Foreman, Inc. maintains an Affirmative Action Plan, and provides education and information to the firm's management to assure proper implementation of the Plan. DISADVANTAGED BUSINESS ENTERPRISES In order to met the requirements of many public works projects, Hall & Foreman, Inc. maintains relationships with several highly qualified disadvantaged firms owned by minorities, women or disabled veterans. As required by various Requests for Qualifications, these firms are provided with opportunities to perform services on many of our projects. Hall & Foreman, Inc. supports this policy in spirit and with action. AUTOMATION AND EQUIPMENT All of our maps and plans are generated on computer and are available in digital format. The software used by Hall & Foreman, Inc. is compatible with the software used by most state, county and local agencies, including Caltrans. HARDWARE Pentium Personal Computers Wild Theodolites & Levels Hewlett Packard Digital Date Collectors Laser & Electrostatic Plotters Vax File Servers GPS Equipment G-5 SOFTWARE AutoCADD, Versions 12 & 13 Intergraph Microstation Version 5.0 Softdesk 7 (Civil Engineering) Windows/Works/Lotus Starnet Least Squares WordPerfect AEGIS Accounting Software Microsoft Project olor m r 1. ENGINEERING PLAN CHECK LOG Approved Tentative PR PM Approved Site Plan SPR TRACT Fees Paid PD LLA Account No. CUP DA checked OTHER DR Project Developer Address Phone # Engineer Address Phone # Contact: Contact: SUBMITTAL 1st Check 2nd Check 3rd Check received crocked m"od —vad checked rammed —i -d checked resumed �yg�it$ igm er C RECORD MAP Map or LLA Title Report 3oundary Closures Co. Check Letter Bond Estimates GRADING AND UAPROVENEENT PLANS 7Gr"rjg-- Rough • ... EXHIBIT "A" CHARLES ABBOTT ASSOCIATES, INC. HOURLY RATE SCHEDULE THROUGH TUNE 30,1997a CLASSIFICATION Senior Principal Consultant Senior Principal Engineer Principal Engineer City Engineer Project Supervisor Project Manager Structural Engineer Sr. Registered Engineer Engineering Associate Senior Geologist Engineering Assistant Senior Design Engineer Design Engineer Senior Traffic Engineer/ Manager Traffic Engineer Associate Transportation Planner Sr. Draftsperson (CADD) Draftsperson (CADD) Senior Construction Observer Construction Observer Landscape Director Associate Landscape Architect Landscape Associate HOURLY IIATES 151.00 145.00 118.00 102.00 98.00 90.00 87.00 90.00 70.00 125.00 60.00 76.00 67.00 125.00 72.00 82.00 68.00 58.00 70.00 60.00 93.00 68.00 58.00 ['i ASSIFICA= Building Official, Certified Sr. Plan Check Engin E•er Building Plan Check Engineer Sr. Building Plan Ch:cker Building Plan Check=r Senior uilding insppector Building Inspector (checker Permit Specialist 2 -person Survey Crew 3 -person Survey Cre•v Administrative Assistant Word Processor Clerical Computer Principal Planner Senior Planner Associate Planner Planning Technician Senior Contract Adpiinistr-ator Rates shown above include all overhead and related costs except for direct expenses for reproduction, printing and report costs that may b= incurred, which are billed at cost plus 10%. HOURLY RAT 75.00 75.00 76.00 68.00 58.00 68.00 58.00 35.00 126.00 159.00 49.00 38.00 37.00 35.00 93.00 81.00 70.00 48.00 85.00 r1TV M III AlUAMR DAD AGENDA REPORT AGENDA NO. ' f TO: Terrence L. Belanger, City Manager MEETING DATE: October 6, 1998 REPORT DATE: October 2,1998 FROM: James DeStefano, Deputy City Manager TITLE: RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 52267, CERTIFIYING ENVIRONMENTAL IMPACT REPORT NO. 97-2 (SCH NO. 97031005) AND APPROVING THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN, FOR A 141 LOT SUBDIVISION (130 SINGLE FAMILY HOMES) GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGHCREST DRIVE, DIAMOND BAR, CALIFORNIA; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 98-03, OAK TREE PERMIT NO. 98-01, FOR VESTING TENTATIVE TRACT MAP NO. 52267, A 141 LOT SUBDIVISION FOR THE DEVELOPMENT OF 130 SINGLE FAMILY HOMES GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGHCREST DRIVE, DIAMOND BAR, CALIFORNIA. SUMMARY: The Diamond Hills Ranch Partnership, Ltd/SunCal has requested approval of a 130 unit single family residential development to be constructed upon 65 acres of a 339.3 acre site located east of Diamond Bar Boulevard at Tin Drive. On September 15, 1998 the City Council directed the preparation of resolutions of approval incorporating project findings and conditions for review and consideration by the Council. RECOMMENDATION: It is recommended that the City Council review the attached draft Resolutions No. 98 -XX and 98 -XX and direct staff as appropriate. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerks Office) Other EXTERNAL DISTRIBUTION: Diamond Hills Ranch Partnership Ltd./SunCal SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager Jam"D tefano Deputy City Manager CITY COUNCIL RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 98-03, OAR TREE PERMIT NO. 98-01, FOR VESTING TENTATIVE TRACT MAP NO. 52267, A 141 LOT SUBDIVISION FOR THE DEVELOPMENT OF 130 SINGLE FAMILY HOMES GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGHCREST DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Diamond Hills Ranch Partnership and applicant, SunCal Companies has filed an application for Vesting Tentative Map (VTTM) No. 52267 and certification of Environmental Impact Report (EIR) No. 97-2 (SCH NO. 97031005) in order to subdivide a 339.3 acre parcel into 141 lots for the eventual development of 130 detached single family homes. The project site is generally located east of Diamond Bar Boulevard, and north of Grand Avenue at the extension of Highcrest Drive, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: a Conditional Use Permit for development within an urban hillside management area (CUP No. 98-3), an Oak Tree Permit (OT No. 98-1) for the removal of oak trees, the removal of map restrictions upon a portion of Lot Nos. 5 and 7 of Tract No. 31479, and the dedication of property to the City as park land and open space; collectively attached hereto as Exhibit "A" - subdivision map and mitigation landscape plan, Exhibit "B" - Findings of Fact and Statement of Overriding Consideration, Exhibit "C" - Mitigation Monitoring Program and Exhibit "D" - Environmental Impact Report No. 97-2 (SCH No. 97031005). Hereinafter in this Resolution, the referenced application requests are referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 1 3. On May 12, 1998 the Planning commission concluaea itis review of the Application and adopted Resolution Nos. 98- 11 and 98-12 recommending City Council approval of the applicants proposed project. 4. On July 7, 1998 the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened and comments were received on the Application. The City Council conducted an additional duly noticed public hearing on August 18, 1998. On August 18, 1998 additional public testimony was received and the public hearing was closed. On September 1, 1998 the City Council proceeded with its review of the Application and continued the matter to September 15, 1998. On September 15, 1998 the City Council directed staff to prepare appropriate documents of approval for City Council consideration on October 6, 1998. 5. Notification of the City Council public hearing was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on June 12, 1998 and July 28, 1998. Approximately one thousand fifty five property owners within a minimum 500 foot radius of the project site were notified by mail on June 5, 1998 and July 25, 1998. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby determines that the project identified above in this Resolution required an Environmental Impact Report (EIR). EIR No. 97-2 (SCH NO. 97031005) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, the City Council has reviewed the EIR and related documents in reference to the Application. A Statement of Overriding Considerations has been prepared and is incorporated herein. 3. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The Application affects vacant land consisting of approximately 339.3 acres (Lots 4, 5, 6, and 7) of Tract No. 31479. In addition the project includes the dedication of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract 42576 to the City. (b) Tne project proposes to suDoivide 65 acres of the 339.3 acre site into 141 lots for the development of 130 detached single family homes within a private, gated community; remove and replace oak and walnut trees; and remove map restrictions on portions of Lots 5 and 7 of Tract 31479. A portion of the balance of Lots 4, 5, and 7 of Tract No. 31479 (264.3 acres) and all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract 42576 (86.0 acres) is proposed to be dedicated as open space. The remainder of Lot 4 of Tract 31479 (10 acres adjacent to Summit Ridge Park) is proposed to be dedicated to the City as public park land. (c) The project site has a General Plan land use map designation of Planning Area 2/SP. The City Council has considered the Application finding that the proposed project is compatible with its adopted General Plan. On July 25, 1995 the City Council adopted the General Plan for the City of Diamond Bar. In its adoption of the General Plan the City Council clearly expressed its desire for specific plans for larger properties with multiple ownerships and mixed land use issues. Strategies 1.1.9 and 1.6.3 of the General Plan address the use of a specific plan overlay for large scale mixed use developments in areas where residential, commercial, recreational and other land uses may be permitted. The City Council discussion of Planning Area 2 focused on a single family residential development project to be generally located along the ridgeline. The type of development contemplated within Planning Area 2 was not in dispute. The Council expressed its understanding that the development would consist of a residential project largely in conformance with the previously approved Bramelea Memorandum of Understanding . Consistent with the General Plan, the application has minimized environmental impacts by clustering the 130 home development upon a 65 acre site preserving 360 acres of open space. The project site is zoned Residential Planned Development -Minimum Lot Size 20,000 Square Feet -2 Units Per Acre (RPD -20,000-2U). The City Council has interpreted its General Plan and concludes that, considering all of its aspects, the application is consistent with and implements the goals of the General Plan. (d) Generally, the following zones surround the project site: to the north and east is the RPD -20,000-2U Zone; to the south is the Single Family Residence - Minimum Lot Size 40,000 Square Feet (R-1-40,000) and the RPD -20,000-2U Zone; and to the west is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. 3 Conditional Use Permit Hillside Management Area (e) The proposed project is located and designed so as to protect the safety of current and future community residents, and will not create significant threats to life and/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard. The on-site effects from the development of VTTM No. 52267 will not result in any significant geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard because the project's grading plan is consistent with the City's Hillside Management Ordinance and will be developed with the benefit of appropriate City permits and inspections. Slope instability will not occur due to the introduction of project features like shear keys and buttress fills which have been incorporated into the project's grading design in accordance with the recommendations of the applicant's geotechnical engineer and the City's grading ordinance requirements for slope stability. Additionally, engineered slopes on-site do not exceed 2:1 and meet the City's stability requirements. No active faults are known to transect the project site or the immediate site vicinity. The probability of on-site surface rupture or deformation from an earthquake is considered very low. However, ground shaking hazards caused by earthquakes along active regional faults do exist. All structural improvements will be designed in accordance with the Uniform Building Code requirements applicable to geologic conditions at the project site. The project site varies from an elevation of approximately 810 above sea level (msl) along the western boundary to approximately 1,150 msl at its eastern edge. Several natural drainages convey site runoff from the proposed development area and existing adjacent residential projects to culverts in Diamond Bar Boulevard. The balance of the 339.3 acres will remain in its natural conditions. During the geotechnical evaluation of the project site, no groundwater was encountered. Although the proposed project will alter the existing natural drainage patterns on-site, drainage will be conveyed by on- site storm drain systems to existing natural drainage courses, which then drain to existing culverts in Diamond Bar Boulevard. The receiving storm drain systems are adequately sized and have 4 adequate available capacity to accommodate these flows. Drainage from the project site will not alter natural drainage or impact rare or threatened biological resources. Additionally, during construction, short-term water quality impacts may occur from erosion and siltation from soils exposed by grading activities. The Federal Clean Water Act establishes a framework for regulating potential water quality impacts from construction activities through the National Pollutant Discharge Elimination System (NPDES) program. Therefore, the applicant is required to obtain a permit from the Regional Water Quality Control Board. Stormwater pollutant prevention plans are required which includes both structural and nonstructural Best Management Practices (BMPs) to reduce water quality impacts. Erosion control will be required. Full compliance with applicable local, State and Federal water quality standards by the applicant will reduce impacts to less than significant. The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in appropriate locations with adequate flow are conditions of approval as specified by the Fire Department. The project will result in short-term construction impacts related to fugitive dust and equipment exhaust emissions. Short-term emissions will exceed the SCAQMD's 100 pounds/day threshold for nitrogen oxides (NOx) and its 150 pounds/day threshold of particulate matter (PM10). Mitigation measures are incorporated into the project to reduce the construction related air quality emissions to the extent feasible. However, the emissions can not be mitigated to a level considered less than significant. Therefore, the City will require that all construction comply with the SCAQMD's regulations, including Rule 402 and 403. As a result, these unavoidable effects are acceptable when balanced against the facts set forth in the project's Statement of Overriding Consideration. It is the above referenced standards that will reduce the threat to life and/or property. (f) The proposed project is compatible with the natural, biotic, cultural, scenic and open space resources of the area. The compatibility of the proposed project with the natural, biotic, cultural, scenic and open space resources was reviewed through the EIR process. A biological reconnaissance survey and cultural 5 resource studies were taken according to industry standards and practices. Additionally, scenic and open space resources were reviewed. The EIR incorporates a Mitigation Monitoring Program (MMP) that mitigates potentially significant impacts to the natural and biotic resources. The measures within the MMP are based on the findings from the biological resources survey and previously adopted conditions by the City placed on projects containing similar resources. The MMP also incorporates the following: avoidance of approximately 274 acres of a variety of plant communities; protection through a Biological Resource Management Plan of habitat replacement and revegetation and their protection during construction; restoration of coastal sage scrub species and oak and walnut tree replacement; and appropriate permits from U.S. Army Corps of Engineers and California Department of Fish and Game. Through the MMP and appropriate permits, the biological impacts can be mitigated to a level that is considered less than significant. A Mitigation Landscape Plan, a condition of approval for this project, will incorporate the necessary requirements to comply with the mitigation measures, thereby ensuring this project's compatibility with the areas natural and biotic resources. No know or recorded prehistoric or historic sites are located with the proposed project. However, ground visibility was poor. The lower and less steep benches that overlook the canyon and lower drainage, are likely locations for prehistoric camp sites. Therefore, to reduce the impact on cultural resources, the MMP incorporates measures such as an archaeologist and paleontologist to monitor all clearing, brushing and grading activities on the project site. This will ensure appropriate actions for the exploration and/or salvage of the cultural findings. When combined with other projects that may be developed and existing development in this area of the City, the proposed project is not expected to contribute to cumulative aesthetics/visual impacts. The General Plan indicates that a single family development of 130 homes would be allowed in this area. Compliance with the City's Hillside Management Ordinance is required to ensure that potential view impacts are mitigated to the extent feasible. Aesthetic and visual impacts will be mitigated through techniques stated within the Mitigation Monitoring Plan (MMP). It is unknown whether the mitigation measures identified in the MMP will reduce the project's aesthetic impacts to a level that would be considered less than 6 significant. Therefore, the impacts identified within the EIR are considered significant and unavoidable and a Statement of Overriding Consideration has been prepared addressing this issue. (g) The proposed project is conveniently served by neighborhood shopping and commercial facilities, can be provided with essential public services without imposing undue costs on the total community, and is consistent with the objectives and policies of the General Plan. Previously mentioned findings confirm that the proposed project is consistent with the objectives and policies of the General Plan. Pursuant to the EIR, this project and area surrounding the project is served by the Los Angeles County Fire and Sheriff Departments, as well as the Pomona Unified School District. The project area will be serviced by Fire Station No. 120 located at 1051 Grand Avenue and Station No. 121 located at 346 Armitos Place. The Los Angeles County Sheriff's Department provides law enforcement services for the community from the Walnut Station located at 21695 E. Valley Boulevard, in the adjacent City of Walnut. The developer is required to pay state mandated school fees to the Pomona Unified School District as a contribution to the school facilities needed to support the students generated by the application. Any additional fees needed by the school district to fund facilities will be determined between the applicant and the school district. Shopping and commercial facilities are provided within approximately one mile of the project site. (h) The proposed development demonstrates creative and imaginative design, resulting in a visual quality that will complement community character and benefit current and future community residents. The proposed development demonstrates creative and imaginative design through the utilization of the standards and guidelines of the City's Hillside Management Ordinance; the varying shape lots with irregular pad configuration; density pursuant to the General Plan; the dedication of natural, public, open space; the retention of the area's hillside character through landform grading and the Revegetation Plan, which will concentrate the planting of vegetation in concave areas, similar as in nature. All these measures will complement the community's character, benefitting current and future community residents. 7 Oak Tree Permit (i) The proposed construction or proposed use will be accomplished without endangering the health of the remaining trees on the subject property. Pursuant to the City's Development Code, Biological Resource Management Plan, and the Mitigation Monitoring Plan (MMP), preconstruction meetings and the project biologist, remaining trees shall be protected at all times during construction. (j) The removal or relocation of the oak tree(s) proposed will not result in soil erosion through the diversion of increased flow of surface waters which cannot be satisfactorily mitigated. Pursuant to the City's grading permit process and the project's MMP, measures to prevent erosion during construction, such as the use of silt fencing or hay bales shall be installed at the grading limits. Additionally, the revegetation plan will be implemented after feasible when grading is completed. Therefore, soil erosion will be satisfactorily mitigated. (k) The removal or relocation of the oak tree(s) proposed is necessary, as continued existence at present location(s) frustrates the planned improvement of proposed use of the subject property to such an extent that placement of such tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorized. The removal of oak and walnut trees is necessary to provide slope stability by the introduction of project features like shear keys and buttress fills in accordance with the recommendations of the applicant's geotechnical engineer and the City's grading ordinance requirements. The development of the property was anticipated by the adopted General Plan. The MMP requires oak trees with a trunk diameter less than 36 inches will be replaced at a 2:1 ratio; oak trees with diameters between 36 inches and 48 inches will be replaced at a 3:1 ratio; oaks trees with diameters greater than 48 inches will be replaced at a 4:1 ratio; and walnut tree replacement at a 2:1 ratio. All tree replacement will include understory to ensure the replacement of the ecosystem values. Each acre of coastal sage scrub lost by the development will be replaced with two acres (2:1 ratio) of coastal sage scrub at locations to be determined by the City. Additionally, a five year monitoring will occur with performance standards of 90 percent coverage by the fifth year. LA 4. Based on the findings and conclusions set forth above, the City Council hereby approves CUP No. 98-03, OT No. 98-01 subject to the following conditions: a. General: (1) The project site shall be developed in sub- stantial conformance to VVTM No. 52267 as conditioned within City Council Resolution No. 98-%8, CUP No. 98-03 and OT No. 98-01 submitted to and approved by the City Council collectively attached hereto as Exhibit "A" - subdivision and mitigation landscape plan, Exhibit "B" - Findings of Fact and Statement of Overriding Consideration and Exhibit "C" - Mitigation Monitoring Program dated October 1998. (2) The project site shall be maintained in a condition which is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) This approval is granted subject to the conditions of approval for VTTM No. 52267. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar's Community and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays remaining Planning Division processing fees. (5) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action or proceeding to attack, set aside, void E or annul, the approval of VTTM No. 52267 brought within the time period provided for Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a party to any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims; and (b) Applicant shall promptly pay any final judgement rendered against the City defendants. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense thereof. (6) The applicant shall comply with the adopted 1994 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and the 1993 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time the application was deemed complete. (7) Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code. Said payment shall be made by the applicant within five days of this grant's approval. (8) Applicant shall pay development fees (including, but not limited to Planning, Building and Safety, Public Works and, Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of a building permit. Additionally, the applicant shall pay all remaining prorated City project review and processing fees prior to the Map's recordation as required by the City. (9) All equipment staging areas shall be located on the project site. The staging area, including material stockpile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. 10 (10) This grant is only valid, provided that con- struction is begun within two years from the date of this approval. A one year extension of time may be requested in writing and shall only be considered if submitted to the City no less than 30 days prior to the approval's expiration date. (11) The project site shall be maintained and operated in full compliance with the conditions of this approval and all laws, or other regulations applicable. (12) This grant shall be null, void and of no effect if the City Council does not approve VTTM No. 52267 and the Mitigation Monitoring Program and certify EIR No. 97-2 (SCH NO. 97031005). b. Planning Division: (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-2 (SCH NO. 97031005) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. (2) Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of a homeowners' association are required and shall be provided to the Deputy City Manager and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities thereof shall be delineated with the CC&Rs. The CC&Rs shall clearly state that the homeowner's association will be responsible for the maintenance of all open space lots and manufactured slopes within the project. The CC&Rs and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. (3) VTTM No. 52267's CC&Rs shall incorporate at a minimum, provisions which will establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. 11 (4) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (5) Applicant shall incorporate within the CC&Rs a reference to the availability of the "Buyers Awareness" Package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. This package shall include, but is not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. The applicant shall give each buyer a copy of the "Buyers Awareness" Package and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. (6) Applicant, through the "Buyers' Awareness Program", shall encourage the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element and County sanitation District's waste diversion policies. (7) The proposed model home units shall comply with the City's Development Review Ordinance. (8) All residential dwelling units are required to obtain Development Review approval. Additional- ly, residential dwelling units shall utilize the following development standards: (a) Front yard setbacks shall be a minimum of 20 feet from the front property line. Architectural styles/front elevations shall vary. The same style front elevation shall not be utilized on adjacent home. The homes shall provide a perspective along a street that utilizes varying plane, giving the appearance of varying setbacks; (b) Side yard setbacks shall be a minimum of 5 feet and 10 feet from the edge of the 12 building pad. The distance between dwelling units shall be a minimum of 15 feet; (c) Rear yard setbacks shall be a minimum of 20 feet from the building pad or property line whichever is greater; proposed two story homes to be located upon the perimeter lots (Lots 2 through 5, 8 through 20, 50, 51, 52, 65 through 68, 71 through 77, 112 through 123, 126 through 129) shall maintain a 30 foot rear yard setback from the edge of the building pad in order to reduce view and aesthetic impacts from adjacent property; (d) Maximum building height shall not exceed two stories and 35 feet; (e) Accessory structures may be permitted utilizing setback distances consistent with the residential zoning designation for the property at the time of permit issuance; (f) The map shall be revised to reflect residential lots ranging in size from 6,000 square feet in area to a maximum lot size of 10,000 square feet in area. Remainder property shall be incorporated within Open Space Lots "D", "E", "F", "G", "Hit, "I", and "J"; (g) Fencing at the rear of perimeter residential lots shall consist of three foot high decorative block walls with wrought iron, glass, or open work fencing not to exceed three feet to reduce view and aesthetic impacts. Additionally, the perimeter fencing shall allow for the movement of on-site wildlife. (9) All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, etc.) shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Community and Development Services Department/ Planning Division. (10) Grading and/or construction activities shall be restricted to 7:30 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly 13 muffled to reduced noise levels. Transpor- tation of equipment and materials and the operation of heavy grading shall also be restricted to 7:30 a.m. to 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used for dust control watering whenever possible. (11) All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow landform slope con- figuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. (12) Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, and palette mix specified in EIR No. 97-2 (SCH NO. 97031005) and its associated Biological Resource Management Plan (BRMP). The BRMP shall be implemented and maintained by the applicant for a five year period following installation with compliance documented through the adopted Mitigation Monitoring Program. (13) The final landscape plan shall substantially comply with EIR No 97-02 and Hillside Management Ordinance. Final landscape plan shall include fencing details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. Additionally, the final landscape plan shall be reviewed and approved by the City prior to issuance of a grading permit. (14) The grading plan shall substantially conform to VTTM No. 52267 as approved by the City Council and amended herein. The approved VTTM No. 52267 and Hillside Management Ordinance shall supersede all other standards and requirements relating to the project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attorney. (15) All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the applicant until each individual unit is sold and occupied by the 14 buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (16) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units, with the exception of the Biological Resources Management Plan which has a five year compliance period. (17) Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance with the Fire Department requirements. (18) Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire pro- tection system. (19) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant to Division 7, Section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (20) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (21) The urban pollutant basins shall be maintained by the applicant or it's successor in con- formance with all applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fails to maintain the basins. (22) VTTM No. 52267 shall comply with all requirements of the Zoning Ordinance and of the underlying zoning unless set forth in this permit or shown on the approved plans. (23) Applicant shall obtain approval from the County Sanitation District on the location of structures affecting the County Sanitation 15 easements and submit written evidence to the City prior to the grading permit's issuance. (24) Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. (25) No blasting and/or dynamiting shall be permitted during the construction of the project. (26) A. Pursuant to the City of Diamond Bar General Plan, Land Use Element, Objective 1.5, Strategy 1.5.4 (a); Diamond Hills Ranch Partnership, Ltd. agrees to the sum of $1,470,000 as consideration for the City of Diamond Bar relinquishing its right to prohibit the construction of residential buildings, on portions ( 9.8 +/- acres ) of Parcel 5 and Parcel 7. Diamond Hills Ranch Partnership, Ltd. shall remit $1,200,000 to the City of Diamond Bar. The remittance shall be a lump sum in the form of a cashier's check presented to the City prior to the recordation of the map. In addition thereto, Diamond Bar Ranch Partnership, Ltd, agrees to replace paved parkways and medians, located at Gold Rush and Diamond Bar Boulevard and Tin Drive and Diamond Bar Boulevard, with landscaping; as well as, creating a pastoral, landscaped area, on the corner of Gold Rush and Diamond Bar Boulevard the value of which is estimated to be $270,000. The landscaping projects shall be completed prior to the issuance of building permits. The payment agreed upon herein shall be deposited in the following fund: $1,200,000 in the City of Diamond Bar Parks and Facilities Development Fund. Upon mutual agreement by the City and Diamond Hills Ranch Partnership, Ltd., the value of the assistance in the construction of parks and/or community facilities, including but not limited to, site preparation, site grading, public access/use facilities in the Diamond Bar Open Space Preserve (Diamond Hills Open Space Preserve) or other similar activities, may be applied to the agreed upon payment as in-kind parks and facilities development services. In the event in-kind parks and facilities 16 development services are provided by Diamond Hills Ranch Partnership, Ltd, the City of Diamond and Diamond Hills Ranch Partnership, Ltd agree that the sum total amount of cash payment and in-kind services shall not exceed $1,470,000. B. Pursuant to the Diamond Bar General Plan, Land Use Element, Objective 1.6, Strategy 1.6.1(b) and Objective 1.5, Strategy 1.5.5 (a), Diamond Hills Ranch Partnership, Ltd. ("Applicant"): (a) Dedicate as open space all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract No. 42576, which is comprised of 86.0 acres. (b) Dedicate as open space portions of Lots 4, 5 and 7 of Tract No. 31479, which is comprised of 264.3 +/- acres; excluding manufactured slopes created by Tract No. 52267. (c) Dedicate to the City as public park land a portion of Lot 4 of Tract No. 31479 adjacent to Summit Ridge Park, which is comprised of 10.0 acres. (27) The applicant shall comply with the following standards and provisions of the Biological Resources Management Plan specified in the EIR No. 97-2: (a) Oak trees removed which are less than 36 inches in diameter shall be replaced at a 2:1 ratio; (b) Oak trees removed which are between 36 and 48 inches in diameter shall be replaced at a 3:1 ratio; (c) Oak trees larger than 48 inches in diameter shall be replaced at a 4:1 ratio; and (d) Coastal sage scrub shall be replaced at a 2:1 ratio (for each acre of coastal sage scrub lost, two acres shall be replaced). (28) All mitigation monitoring related to the implementation of the Biological Resources Management Plan required by the Mitigation Monitoring Program and Environmental Impact Report No. 97-2 shall occur within the city limits of Diamond Bar. 17 C. Fire Department: (1) A fuel modification plan, landscape/irrigation plan approved by a registered landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. (2) Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. (3) Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures. (4) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. (5) Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (7) Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. (8) Applicant shall provide information on the location of all existing fire hydrants. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. (10) All required fire hydrants shall be installed, tested and accepted prior to construction. 18 Vehicular access shall be provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. d. Public Works Division: General• (1) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB), pursuant to Division 7, Section 1300 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (2) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (3) Applicant shall maintain the urban pollutant basins in conformance with all applicable standards. (4) Prior to the grading permit's issuance, the applicant shall obtain approval from the County Sanitation District on the location of structures affecting the County Sanitation easements and submit written evidence to the City. (5) Prior to any construction, the applicant shall submit to the City all applicable construction permit fees and construction permit applications. (6) No construction traffic or access to the site shall be provided from Highcrest Drive. Access to the project site for construction and/or grading equipment shall be approved by the Deputy City Manager. e. Public Works/Engineering: (1) Prior to final map approval, the applicant shall submit to the City written certification that all utility services and any other service related to the site shall be available to serve the proposed project. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days 19 prior to final map approval. (2) All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. (3) Prior to final map approval and when final map is submitted for plan check, a title report/ guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. Ten working days prior to final map approval, an updated title report/guarantee and subdivision guarantee shall be submitted to the City. (4) New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, the applicant shall enter into a subdivision agreement with the city and shall post the appropriate security. All bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, L.A. County Fire Department, and appropriate regulatory agencies (e.g. California Department of Fish and Game, etc.). (7) Applicant, at the applicant's sole cost and expense, shall construct all required public and private improvements. If any required improvements have not been completed by the applicant and accepted by the City prior to the final map approval, the applicant shall enter into a subdivision agreement with the City and shall post the appropriate security, guaran- teeing completion of the improvements, prior to final map approval. A detailed engineering cost estimate shall be submitted to the City Engineer for bonding purposes prior to the submittal of these securities guaranteeing completion of the improvements. (8) House numbering plans shall be submitted to and approved by the Engineering Division prior to OR issuance of building permits. (9) The detail drawings and construction notes shown on the vesting tentative map ofare map conceptual only and the approval shall not constitute approval of said notes. (lo) Precise grading plans for each lot or phase of development shall be submitted to the Community and Development services Department/Planning and Public Works Divisions for approval prior to issuance of building permits. (11) All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (12) Prior to final map approval and the issuance of grading permit(s), the applicant shall post surety and execute an agreement guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. (13) Easements for disposal of drainage water onto or over adjacent parcels shall be delineate and shown on the final map, as approved by the City Engineer. (14) Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (15) Prior to final map approval, applicant shall submit the detail cost estimates for bonding purposes of all public improvements to the City Engineer. (16) Prior to any work being performed in public right-of-way, applicant shall pay fees and obtain a construction permit from the Public Works Division in addition to any other permits required. 21 (17) Prior to final map approval, applicant shall pay its fair share of other traffic improvements required based upon amended traffic study as approved by City Engineer. (18) Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. (19) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the subdivision, continued and practical access for the intended use. (20) Prior to recordation of the final map, VTTM No. 52267 shall be annexed 130 homes and all open space to Landscape Maintenance District 38. Those portions of VTTM No. 52267 currently within Landscape Maintenance District 39 shall be remove from said Landscape District and as deemed appropriate, be incorporated into VTTM No. 52267 Homeowners' Association and Landscape Maintenance District 38. (21) All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, inter- sections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. (22) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. (23) After the final map records, applicant shall submit to the Engineering Division, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy 22 f. of the recorded map is received by the Engineering Division. (24) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at no cost to the City for all improvements. (25) All improvements for proposed VTTM No. 52267 shall be coordinated with any existing or proposed maps. (26) Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City admin- istrative costs. (27) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (28) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner as required by the City Engineer. (29) All improvement plans (i.e., grading, erosion control, storm drain, sewer, street, etc.) shall comply and follow NPDES guidelines for construction and include appropriate Best Management Practices (BMP's). (30) Prior to the initiation of grading operations, the applicant shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, Los Angeles County and the California Regional Water Quality Control Board for the discharge of urban pollutants. All improvement plans and construction shall comply with the City's NPDES requirements. Grading• (1) Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. Prior to the issuance of a grading permit, the precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM No. 52267. 23 (2) The maximum grade of driveways serving building pad areas shall be 15%. (3) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes; (c) "Restricted use" areas and structural setbacks shall be considered and delineated prior to recordation of the final map; (d) Soil remediation measures shall, be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (e) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; (f) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (g) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; (h) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (i) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base; and 24 (j) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (4) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist. (5) Final grading plans shall be prepared in a 24" x 36" format and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. (6) Final grading plans shall be submitted to and approved by the City Engineer. (7) An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. (8) All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed in con- formance with the Biological Resources Management Plan and to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. (9) No grading or any staging or any construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. g. Drainage: (1) Applicant shall post surety and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. (2) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the 25 City Engineer. (3) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (4) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained (if applicable) from the U.S. Army Corps of Engineers and an agreement with the California Department of Fish and Game (if applicable) shall be obtained and submitted to the City Engineer. (5) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. (6) A permit from the County Flood Control District shall be required for work within its right-of-way or connection to its facilities. A permit from CALTRANS shall be required for work within its right-of-way. (7) Vehicular access shall be provided to all "Urban Pollutant Basins" with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15% unless otherwise approved the City Engineer. (8) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (9) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for 26 h. dedication to the City. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&Rs. (10) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a registered Civil Engineer to the satisfaction of the City Engineer. Streets: (1) Street improvement plans in a 2411x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. (2) Prior to the final map approval, the applicant shall submit street names for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal services zip code areas. (3) New street centerline monuments shall be set at the intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. (4) Street improvement plans in a 24" x 36" sheet format, prepared by a California registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guarantee- ing completion of the public and/or private street improvements, prior to final map approval. (5) No street shall exceed a maximum slope of 12% except that portion of Tin Drive which has a maximum slope of 14 percent for approximately 400 feet. (6) Prior to recording of final map, applicant 27 shall construct base and asphalt concrete pavement for all streets in accordance with soils report prepared by a California registered Soils Engineer and approved by the City Engineer or as otherwise directed by the City Engineer. (7) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy. (8) Applicant shall construct curb and gutters per City standards subject to approval by the City Engineer. (9) The connection to Highcrest Drive from VTTM No. 52267 shall be utilized as a secondary access into VTTM No. 52267. i. utilities• (1) All utility lines shall be underground in frontage of the VTTM No. 52267. (2) Applicant shall construct street lights along all streets, as required, per City standards and as approved by the City Engineer. The street lights shall be annexed into the appro- priate street lighting districts, or shall be operated and maintained by a homeowners association. (3) Prior to the approval and recordation of the final map, the applicant shall submit written certification to the City from the Walnut Valley Water District (WVWD) that adequate water supply and facilities are available to serve the project; from the Los Angeles County Sanitation District (LACSD) that adequate sewage conveyance and treatment capacity are available to serve the project; and. from each public utility and cable television purveyor that adequate supplies and facilities are or will be available to serve the proposed project. Such letters shall be issued by the districts, utility companies and cable television company within ninety (90) days prior to final map approval. (4) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the WVWD specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and 28 location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (5) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the City guaranteeing con- struction of the necessary improvements to the existing water system according to WVWD specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. (6) Applicant shall provide separate underground utility services to each parcel, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer prior to granting. (7) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (8) Prior to submittal of the final map, written certification from Walnut Valley Water District, GTE, SCE, SCG and Century Communications stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (9) Underground utilities shall not be constructed within the drip line of any mature tree or any tree planted in the mitigation area except as approved by a registered arborist. (10) Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporated into the homeowners' association obligations to the future installation of main and service lines capable of delivery of reclaimed water to all homeowners' association maintained common area landscaped portions of VTTM No. 52267, prior to final map approval. The system shall be designed to permit "switch over" of non- domestic services on each area within the homeowners' association maintained landscaped common area at time of availability of reclaimed water, to the satisfaction of the City Engineer and designed to the specification of the WVWD. 29 (11) Applicant shall post security guaranteeing completion of all utility improvements, prior to the final map approval. j. Traffic• (1) Traffic improvement plans shall be prepared by a registered Civil Engineer in a 24"x36" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map approval. (2) Intersection line of sight designs shall be submitted to the City for approval may be required by the City Engineer. (3) Traffic control signing and striping plans shall be prepared for any construction affecting traffic on Diamond Bar Boulevard in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. (4) Prior to final map approval, the applicant shall pay its fair share of traffic signal improvements required (Tin Drive/Diamond Bar Boulevard) pursuant to the approved EIR. Based upon recommendations presented in the traffic study, this fair share is 100 percent of the costs for traffic signal installation. Applicant shall also be responsible for other traffic modification improvements such as median, signing and striping for left and right turn lane pockets. The applicant shall, at his sole cost and expense, install full sidewalks of five feet minimum in width along the property frontage on Diamond Bar Boulevard between Goldrush Drive and Steep Canyon and full sidewalks of five feet minimum in width and curb and gutter along Steep Canyon between Diamond Bar Boulevard and Clear Creek Drive. All improvements shall comply with current. American Disabilities Act standards. k. Sewers: (1) Sewer system improvement plans (24" x 36" sheet format, 2 pages per sheet) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer, Los Angeles County Public Works Department, and Los Angeles County Sanitation District prior to final map approval. 30 (2) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer verifying that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. (3) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division prior to approval of the final map. (4) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. (5) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District standards. (6) Applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. (7) Security shall be posted guaranteeing completion of the improvements and Mitigation Monitoring Plan, prior to final map approval. (8) Applicant shall convey access and property easement and rights-of-way to the Los Angeles County Sanitation District, as deemed necessary by the County and City Engineer for the construction and maintenance of sewer lines and associated facilities prior to final map approval. 31 CITY COUNCIL RESOLUTION NO. 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 52267, CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 97-2 (SCR NO. 97031005) AND APPROVING THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN, FOR A 141 LOT SUBDIVISION (130 SINGLE FAMILY HOMES) GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGHCREST DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Diamond Hills Ranch Partnership and applicant, SunCal Companies has filed an application for Vesting Tentative Map (VTTM) No. 52267 and certification of Environmental Impact Report (EIR) No. 97-2 (SCH NO. 97031005) in order to subdivide a 339.3 acre parcel into 141 lots for the eventual development of 130 detached single family homes. The project site is generally located east of Diamond Bar Boulevard, and north of Grand Avenue at the extension of Highcrest Drive, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: a Conditional Use Permit for development within an urban hillside management area (CUP No. 98-3), an Oak Tree Permit (OT No. 98-1) for the removal of oak trees, the removal of map restrictions upon a portion of Lot Nos. 5 and 7 of Tract No. 31479, and the dedication of property to the City as park land and open space collectively attached hereto as Exhibit "A" - subdivision map and mitigation landscape plan, Exhibit "B" - Findings of Fact and Statement of Overriding Considerations, Exhibit "C" - Mitigation Monitoring Program and Exhibit "D" - Environmental Impact Report No. 97-2 (SCH No. 97031005). Hereinafter in this Resolution, the referenced application requests are referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City*of Diamond Bar. 1 J . Val alaj 1-, L:0�8 16-"G riannlny vvacunl r.=���-------- i�ava --Lt— review of the Application and adopted Resolution Nos. 98- 11 and 98-12 recommending City Council approval of the applicants proposed project. 4. On July 7, 1998 the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened and comments were received on the Application. The City Council conducted an additional duly noticed public hearing on August 18, 1998. On August 18, 1998 additional public .testimony was received and the public hearing was closed. On September 1, 1998 the City Council proceeded with its review of the Application and continued the matter to September 15, 1998. On September 15, 1998 the City Council directed staff to prepare appropriate documents of approval for City Council consideration on October 6, 1998. 5. Notification of the City Council public hearing was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on June 12, 1998 and July 28, 1998. Approximately one thousand fifty five property owners within a minimum 500 foot radius of the project site were notified by mail on June 5, 1998 and July 25, 1998. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby determines that the project identified above in this Resolution required an Environmental Impact Report (EIR). EIR No. 97-2 (SCH NO. 97031005) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, the City Council has reviewed the EIR and related documents in reference to the Application. A Statement of Overriding Considerations has been prepared and is incorporated herein. 3. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The Application affects vacant land consisting of approximately 339.3 acres (Lots 4, 5, 6, and 7) of Tract No. 31479. In addition the project includes the dedication of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract 42576 to the City. (b) The project proposes to subdivide 65 acres of the 339.3 acre site into 141 lots for the development of 130 detached single family homes within a private, 2 yaLea community; remove ana repiace oax ana walnut trees; and remove map restrictions on portions of Lots 5 and 7 of Tract 31479. A portion of the balance of Lots 4, 5, and 7 of Tract No. 31479 (264.3 acres) and all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract 42576 (86.0 acres) is proposed to be dedicated as open space. The remainder of Lot 4 of Tract 31479 (10 acres adjacent to Summit Ridge Park) is proposed to be dedicated to the City as public park land. (c) The project site has a General Plan land use map designation of Planning Area 2/SP. The City Council has considered the Application finding that the proposed project is compatible with its adopted General Plan. On July 25, 1995 the City Council adopted the General Plan for the City of Diamond Bar. In its adoption of the General Plan the City Council clearly expressed its desire for specific plans for larger properties with multiple ownerships and mixed land use issues. Strategies 1.1.9 and 1.6.3 of the General Plan address the use of a specific plan overlay for large scale mixed use developments in areas where residential, commercial, recreational and other land uses may be permitted. The City Council discussion of Planning Area 2 focused on a single family residential development project to be generally located along the ridgeline. The type of development contemplated within Planning Area 2 was not in dispute. The Council expressed its understanding that the development would consist of a residential project largely in conformance with the previously approved Bramelea Memorandum of Understanding . Consistent with the General Plan, the application has minimized environmental impacts by clustering the 130 home development upon a 65 .acre site preserving 360 acres of open space. The project site is zoned Residential Planned Development -Minimum Lot Size 20,000 Square Feet -2 Units Per Acre (RPD -20,000-2U). The City Council has interpreted its General Plan and concludes that, considering all of its aspects, the application is consistent with and implements the goals of the General Plan. (d) Generally, the following zones surround the project site: to the north and east is the RPD -20,000-2U Zone; to the south is the Single Family Residence - Minimum Lot Size 40,000 Square Feet (R-1-40,000) and the RPD -20,000-2U Zone; and to the west is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. Vesting Tentative Tract Map: (e) The proposed map is consistent with applicable general and specific plans as specified in Government Code Section 65451. The General Plan's land use designation for the project site is Planning Area 2. The General Plan describes Planning Area 2 as consisting of approximately 400 acres, allowing a maximum of 130 detached single family residential dwelling units concentrated along the anticipated extension of Highcrest Drive. Planning Area 2 requires a minimum of 75 percent of the total 400 acres be set aside as dedicated open space. Additionally, in order to minimize environmental impacts and maximize clustering, as conditioned, residential lots shall range from 6,000 to 10,000 square feet in size. The proposed map delineates 141 lots clustered along the anticipated extension of Highcrest Drive. The map identifies 130 lots for single family residential dwelling units. One lot is identified as the location for a water reservoir. the remaining eleven lots are set aside as homeowners association maintained open space The applicant has proposed residential lot sizes of 5,950 square feet to 26,560 square feet in size. The applicant has proposed an average lot size of 10,900 square feet. As conditioned, the proposed project will contain lot sizes ranging from 6,000 square feet in area to 10,000 square feet in area. The Application proposes to dedicate to the City 350.4 acres of land as open space and 10 acres of land as parkland. The applicant is dedicating over 85 percent of the land within Planning Area 2 as perpetual open space. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The proposed subdivision has been designed utilizing the standards and guidelines of the General Plan, Zoning and Subdivision Codes, Hillside Management Ordinance and a revegetation plan implemented through a Mitigation Monitoring Program (MMP) to ensure that the subdivision is in compliance the General Plan Land Use Element Strategy 1.2.3 (a), (b) and (c) and compatible with open space resources. This compatibility is due to the retention of the area's hillside character through landform grading; the dedication of approximately 360 acres as public open space. (g) The proposed project site is physically suitable to the type of development. As referenced in Finding 3. (e), the proposed map is in compliance with the maximum allowable development as envisioned by the General Plan and is consistent with the Zoning designation for the property. The EIR addresses the proposed map's suitability for the 4 project site and finds that with the incorporated mitigation measures that the proposed development is physically suitable for the project site. (h) The proposed project site is physically suitable for the proposed density of development. As referenced in Finding 3. (e) and (g), the proposed development's density is physically suitable for the project site. The proposed project consists of 130 single family residential dwelling units clustered upon a 65 acre portion of a 339.3 acre site. The balance of the site is proposed to be dedicated to the City. The proposed project is consistent with the density of existing development adjacent and proximate to the project site. (i) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Application required the preparation of an Environmental Impact Report which addresses the anticipated environmental impacts of the project and identifies measures to address or mitigate the identified impacts. As required within the Environmental Impact Report and its Mitigation Monitoring Program a Biological Resource Management Plan (BRMP) shall be prepared and approved prior to the issuance of a grading permit. The mitigation plan addressing potential impacts on streambed, wetlands, and riparian habitats shall be prepared by the applicant in conjunction with an application for U.S. Clean Water Act, Section 404 permit from the U.S. Army Corps of Engineers (USACE) and State Fish and Game Code, Section 1603 Streambed Alteration Agreement with the California Department of Fish and Game (CDFG). In addition to the measures outlined within the EIR, through these agencies, requirements for the replacement of lost habitat values will be identified. Provisions to insure the long-term preservation of habitat values are identified, reviewed and approved by USACE and CDFG. These provisions will be implemented as soon as practical following completion of the project's grading. The MMP, with its five year monitoring period, Revegetation Landscape Plan, and the riparian habitat value replacement will ensure that the proposed development retain sufficient natural vegetation cover and/or open spaces to buffer critical resource areas from the proposed development. The applicant is dedicating approximately 360.4 acres of natural vacant land to the City for use as public open space. Therefore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat. 5 (j) The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision's design or improvements are not likely to cause serious public health problems due to the following: (1) The proposed grading plan is consistent with the City's Hillside Management Ordinance and will be developed with the benefit of appropriate City permits and inspections; (2) Slope instability will not occur due to the introduction of project features like shear keys and buttress fills which have been incorporated into the project's grading design in accordance with the recommendations of the applicant's geotechnical engineer and the City's grading ordinance requirements for slope stability; (3) Engineered slopes on-site do not exceed 2:1 and meet the City's stability requirements. (4) No active faults are known to transect the project site or the immediate site vicinity. The probability of on-site surface rupture or deformation from an earthquake is considered very low. However, ground shaking hazards caused by earthquakes along active regional faults do exist. All structural improvements will be designed in accordance with the Uniform Building Code requirements applicable to geologic conditions at the project site; (5) The project site varies from an elevation of approximately 810 above sea level (msl) along the western boundary to approximately 1,150 msl at its eastern edge. Several natural drainages convey site runoff from the proposed develop- ment area and existing adjacent residential projects to culverts in Diamond Bar Boulevard. The balance of the 339.3 site will remain in its natural conditions. During the geotech- nical evaluation of the project site, no groundwater was encountered. Although the proposed project will alter the existing natural drainage patterns on-site, drainage will be conveyed by on-site storm drain systems to existing natural drainage courses, which then drain to existing culverts in Diamond Bar Boulevard. The receiving storm drain systems are adequately sized and have adequate available capacity to accommodate these flows. Drainage from the project site will not alter natural drainage or impact rare or threatened biological resources; 11 (6) During construction, short-term water quality impacts may occur from erosion and siltation from soils exposed by grading activities. The Federal Clean Water Act establishes a framework for regulating potential water quality impacts from construction activities through the National Pollutant Discharge Elimination System (NPDES) program. Therefore, the applicant is required to obtain a permit from the Regional Water Quality Control Board. Stormwater pollutant prevention plans are required which includes both structural and nonstructural Best Management Practices (BMPs) to reduce water quality impacts; (7) Erosion control will be required. Full compliance with applicable local, State and Federal water quality standard by the applicant will reduce impacts to less than significant; (8) The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in appropriate locations with adequate flow are conditions of approval as specified by the Fire Department; and (9) As identified within the Environmental Impact Report, the project will result in short-term construction impacts related to fugitive dust and equipment exhaust emissions. Short-term emissions will exceed the SCAQMD's 100 pounds/day threshold for nitrogen oxides (NOx) and its 150 pounds/day threshold of particulate matter (PM10). Mitigation measures are incorporated into the project to reduce the construction related air quality emissions to the extent feasible. The emissions can not be mitigated to a level considered less than significant. The City will require that all construction comply with the SCAQMD's regulations, including Rule 402 and 403. A Statement of Overriding Considerations is necessary and is a component of the project approval. (k) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. (a) Conditions of approval are incorporated into the project which provide for future street easements, the installation and maintenance of utilities, slope and drainage easements, "restricted use" area easements and appropriate access easements. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. (b) The Application incorporates a request to remove the City's right to prohibit the construction of residential buildings on 9.8 +/- acres of land located on portions of Lots 5 and 7 of Tract 31479. The General Plan, Land Use Element, Objective 1.5, Strategy 1.5.4(a) requires that any decision to remove map restrictions must be subjected to public hearings before the Planning Commission and the City Council and must be supported by findings that such removal is of significant benefit to the City. The applicant is dedicating 85% of the land in Planning Area 2 for open space. The dedication of the land satisfies Strategies 1.5.5(a) and 1.5.6 of the General Plan. The dedication of land increases the amount of dedicated open space in Diamond Bar from 578 acres to 928 acres which is an increase of 61%. The City currently owns 143.4 acres of parkland of which 81.5 acres consist of natural open space. The deeding of 350 acres of open space results in an increase in deeded public open space of 430% (81.5 acres to 431.5 acres). A monetary value ($1,470,000) will be conferred upon the City as consideration for the removal of map restrictions which is to be used for parks, facilities and landscaping projects. The applicant has agreed that the fair market value for the acres of land upon which residential buildings would be constructed is $150,000 per acre. The fair market amount is reasonable and based upon known recent historical values. As a result, the beneficial consideration that the City would receive is derived by multiplying the acres upon which residential buildings will be constructed (9.8) by the agreed upon fair market value ($150,000), which product is $1,470,000. The consideration in the form of money and landscaping projects is set forth in this resolution. The applicant has satisfied the General Plan Land Use Element Strategies 1.5.4(a), 1.5.5(a), 1.5.6, and 1.6.1(b). 4. Based on the findings and conclusions set forth above, the City Council hereby approves the Application and certifies the Environmental Impact Report and approves the Mitigation Monitoring Program subject to the following conditions: a. General• (1) The project site shall be developed in sub- stantial conformance with VTTM No. 52267, 0 except as conditioned herein, CUP No. 98-03 and OT No. 98-01 submitted to and approved by the City Council collectively attached hereto as Exhibit "A" - subdivision map and mitigation landscape plan, Exhibit "B" - Statement of Overriding Consideration and Exhibit "C" - Mitigation Monitoring Program dated May 12, 1998, Exhibit "D" - Environmental Impact Report; as modified herein. (2) The project site shall be maintained in a condition which is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) This approval is granted subject to the conditions of approval of Hillside Management Conditional Use Permit No. 98-03 and Oak Tree Permit No. 98-01. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar's Community and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays any remaining Planning Division processing fees. (5) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action or proceeding to attack, set aside, void or annul, the approval of VTTM No. 52267 brought within the time period provided for Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are Made a party to any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, 2 incurred in defense of such claims; and (b) Applicant shall promptly pay any final judgement rendered against the City defendants. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense thereof. (6) The applicant shall comply with the adopted 1994 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and the 1993 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time the application was deemed complete. (7) Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code. Said payment shall be made by the applicant within five days of this grant's approval. (8) Applicant shall pay development fees (including, but not limited to Planning, Building and Safety, Public Works and, Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of a building permit. Additionally, the applicant shall pay all remaining prorated City project review and processing fees prior to the Map's recordation as required by the City. (9) All equipment staging areas shall be located on the project site. The staging area, including material stockpile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. (10) VTTM No. 52267 is valid for two years. An extension of time may be requested in writing and shall only be considered if submitted to the City no less than 60 days prior to this approval's expiration date. Final map approval will not be granted unless either the map is in substantial compliance with VTTM No. 52267 including all conditions or the applicant has. entered into a subdivision approvement agreement to the satisfaction of the City Attorney. 10 (11) The project site shall be maintained and operated in full compliance with the conditions of this approval and all laws, or other regulations applicable. (12) This grant shall be null, void and of no effect if the City Council fails to approve CUP No. 98-03 and OT No. 98-01 and the removal of map restrictions. b. Planning Division: (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-2 (SCH NO. 97031005) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. (2) Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of a homeowners' association are required and shall be provided to the Planning Division and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall he created and responsibilities thereof shall be delineated with the CC&Rs. The CC&Rs shall clearly state that the homeowner's association will be responsible for the maintenance of all open space lots and manufactured slopes within the project. The CC&Rs and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. (3) VTTM No. 52267's CC&Rs shall incorporate at a minimum, provisions which will establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. (4) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. 11 (5) Applicant shall incorporate within the cc&xs a reference to the availability of the "Buyers Awareness" Package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. This package shall include, but is not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. The applicant shall give each buyer a copy of the "Buyers Awareness" Package and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. (6) Applicant, through the "Buyers' Awareness Program", shall encourage the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (7) The proposed model home units shall comply with the City's Development Review Ordinance. (8) All residential dwelling units are required to obtain Development Review approval. Additional- ly, residential dwelling units shall utilize the following development standards: (a) Front yard setbacks shall be a minimum of 20 feet from the front property line. Architectural styles/front elevations shall vary. The same style front elevation shall not be utilized on adjacent home. The homes shall provide a perspective along a street that utilizes varying plane, giving the appearance of varying setbacks; (b) Side yard setbacks shall be a minimum of 5 feet and 10 feet from the edge of the building pad. The distance between dwelling units shall be a minimum of 15 feet; (c) Rear yard setbacks shall be a minimum of 20 feet from the building pad or property line whichever is greater; proposed two story homes to be located upon the perimeter lots (Lots 2 through 5, 8 through 20, 50, 51, 52, 65 through 68, 71 through 77, 112 through 123, 126 through 129) shall maintain a 30 foot rear yard setback from the edge of the building pad 12 in order to reduce view ana aesrneric impacts from adjacent property; (d) Maximum building height shall not exceed two stories and 35 feet; (e) Accessory structures may be permitted utilizing setback distances consistent with the residential zoning designation for the property at the time of permit issuance; (f) The map shall be revised to reflect residential lots ranging in size from 6,000 square feet in area to a maximum lot size of 10,000 square feet in area. Remainder property shall be incorporated within Open Space Lots "D", "E", "F", "G", IIgn, nI", and "J"; (g) Fencing at the rear of perimeter residential lots shall consist of three foot high decorative block walls with wrought iron, glass, or open work fencing not to exceed three feet to reduce view and aesthetic impacts. Additionally, the perimeter fencing shall allow for the movement of on-site wildlife. (9) All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, etc.) shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Community and Development Services Department/ Planning Division. (10) Grading and/or construction activities shall be restricted to 7:30 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduced noise levels. Transpor- tation of equipment and materials and the operation of heavy grading shall also be restricted to 7:30 a.m. to 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. (11) All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow landform slope con- figuration and shall not be placed in exposed 13 positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. (12) Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, and palette mix specified in EIR No. 97-2 (SCH NO. 97031005) and its associated Biological .Resource Management Plan (BRMP). The BRMP shall be implemented and maintained by the applicant for a five year period following installation with compliance documented through the adopted Mitigation Monitoring Program. (13) The final landscape plan shall substantially comply with EIR No 97-02 and Hillside Management Ordinance. Final landscape plan shall include fencing details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. Additionally, the final landscape plan shall be reviewed and approved by the City prior to the issuance of a grading permit. (14) The grading plan shall substantially conform to VTTM No. 52267 as approved by the City Counciland amended herein. The approved VTTM No. 52267 and Hillside Management Ordinance shall supersede all other standards and requirements relating to this project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attorney. (15) All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the applicant until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (16) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units, with the exception of the Biological Resources Management Plan which has a five year compliance period. (17) Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance with the Fire Department requirements. (18) Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, 14 pending completion of the required fire pro- tection system. (19) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant to Division 7, Section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (20) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (21) The urban pollutant basins shall be maintained by the applicant or it's successor in con- formance with all applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fails to maintain the basins. (22) VTTM No. 52267 shall comply with all requirements of the zoning Ordinance and of the underlying zoning unless set forth in this permit or shown on the approved plans. (23) Applicant shall obtain approval from the County Sanitation District on the location of structures affecting the County Sanitation easements and submit written evidence to the City prior to the grading permit's issuance. (24) Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. (25) No blasting and/or dynamiting shall be permitted during the construction of the project. (26) A. Pursuant to the City of Diamond Bar General Plan, Land Use Element, Objective 1.5, Strategy 1.5.4 (a); Diamond Hills Ranch Partnership, Ltd. agrees to the sum of $1,470,000 as consideration for the City of Diamond Bar relinquishing its right to prohibit the construction of residential buildings, on portions ( 9.8 +/- acres ) of Parcel 5 and Parcel 7. Diamond Hills Ranch Partnership, Ltd. shall remit $1,200,000 to the City of Diamond Bar. The remittance shall be a lump sum in the form of a cashier's check presented to the City prior to the recordation of the map. In addition thereto, Diamond Bar Ranch Partnership, Ltd, agrees to replace paved parkways and medians, located at Gold Rush and Diamond Bar Boulevard and Tin Drive and Diamond Bar Boulevard, with landscaping; as well as, creating a pastoral, landscaped area, on the corner of Gold Rush and Diamond Bar Boulevard the value of which is estimated to be $270,000. The landscaping projects shall be completed prior to the issuance of building permits. The payment agreed upon herein shall be deposited in the following fund: $1,200,000 in the City of Diamond Bar Parks and Facilities Development Fund. Upon mutual agreement by the City and Diamond Hills Ranch Partnership, Ltd., the value of the assistance in the construction of parks and/or community facilities, including but not limited to, site preparation, site grading, public access/use facilities in the Diamond Bar Open Space Preserve (Diamond Hills Open Space Preserve) or other similar activities, may be applied to the agreed upon payment as in-kind parks and facilities development services. In the event in-kind parks and facilities development services are provided by Diamond Hills Ranch Partnership, Ltd, the City of Diamond and Diamond Hills Ranch Partnership, Ltd agree that the sum total amount of cash payment and in-kind services shall not exceed $1,470,000. B. Pursuant to the Diamond Bar General Plan, Land Use Element, Objective 1.6, Strategy 1.6.1(b) and Objective 1.5, Strategy 1.5.5 (a), Diamond Hills Ranch Partnership, Ltd. ("Applicant"): (a) Dedicate as open space all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract No. 42576, which is. comprised of 86.0 acres. (b) Dedicate as open space portions of Lots 4, 5 and 7 of Tract No. 31479, which is comprised of 264.3 +/- acres; excluding manufactured slopes created by Tract No. 52267. (c) Dedicate to the City as public park 16 land a portion of Lot 4 of Tract No. 31479 adjacent to Summit Ridge Park, which is comprised of 10.0 acres. (27) The applicant shall comply with the following standards and provisions of the Biological Resources Management Plan specified in the EIR No. 97-2: (a) Oak trees removed which are less than 36 inches in diameter shall be replaced at a 2:1 ratio; (b) Oak trees removed which are between 36 and 48 inches in diameter shall be replaced at a 3:1 ratio; (c) Oak trees larger than 48 inches in diameter shall be replaced at a 4:1 ratio; and (d) Coastal sage scrub shall be replaced at a 2:1 ratio (for each acre of coastal sage scrub lost, two acres shall be replaced). (28) All mitigation monitoring related to the implementation of the Biological Resources Management Plan required by the Mitigation Monitoring Program and Environmental Impact Report No. 97-2 shall occur within the city limits of Diamond Bar. C. Fire Department: (1) A fuel modification plan, landscape/irrigation plan approved by a registered landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. (2) Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. (3) Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures. (4) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. 17 (5) Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (7) Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. (8) Applicant shall provide information on the location of all existing fire hydrants. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. (10) All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access shall be provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. d. Public Works Division: General: (1) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB), pursuant to Division 7, Section 1300 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (2) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (3) Applicant shall maintain the urban pollutant basins in conformance with all applicable standards. 18 e. (4) Prior to the grading permit's issuance, Lne applicant shall obtain approval from the County Sanitation District on the location of structures affecting the County Sanitation easements and submit written evidence to the City. (5) Prior to any construction, the applicant shall submit to the City all applicable construction permit fees and construction permit applications. (6) Access to the project site for construction and/or grading equipment shall be approved by the City Engineer. Public Works/Engineering: (1) Prior to final map approval, the applicant shall submit to the City written certification that all utility services and any other service related to the site shall be available to serve the proposed project. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. (2) All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. (3) Prior to final map approval and when final map is submitted for plan check, a title report/ guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. Ten working days prior to final map approval, an updated title report/guarantee and subdivision guarantee shall be submitted to the City. (4) New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any .public or private improvements required as part of this map have not been completed by applicant and accepted by the City, the applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. All bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm 19 urain lmprovemem- plans shall be approved by the City Engineer, L.A. County Fire Department, and appropriate regulatory agencies (e.g. California Department of Fish and Game, etc.). (7) Applicant, at the applicant's sole cost and expense, shall construct all required public and private improvements. If any required improvements have not been completed by the applicant and accepted by the City prior to the final map approval, the applicant shall enter into a subdivision agreement with the City and shall post the appropriate security, guaran- teeing completion of the improvements, prior to final map approval. A detailed engineering cost estimate shall be submitted to the City Engineer for bonding purposes prior to the submittal of these securities guaranteeing completion of the improvements. (8) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (9) The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map shall not constitute approval of said notes. (10) Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning and Public Works Divisions for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) (11) All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (12) Prior to final map approval and the issuance of grading permit(s), the applicant shall post surety and execute an agreement guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. (13) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. (14) Prior to finalization of any development phase, 20 sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (15) Prior to final map approval, applicant shall submit the detail cost estimates for bonding purposes of all public improvements to the City Engineer. (16) Prior to any work being performed in public right-of-way, applicant shall pay fees and obtain a construction permit from the Public Works Division in addition to any other permits required. (17) Prior to final map approval, applicant shall pay its fair share of other traffic improvements required based upon amended traffic study as approved by City Engineer. (18) Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. (19) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the subdivision, continued and practical access for the intended use. (20) Prior to recordation of the final map, VTTM No. 52267 shall be annexed 130 homes and all open space to Landscape Maintenance District 38. Those portions of VTTM No. 52267 currently within Landscape Maintenance District 39 shall be remove from said Landscape District and as deemed appropriate, be incorporated into VTTM No. 52267 Homeowners' Association and Landscape Maintenance District 38. (21) All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, inter- sections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the 21 satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. (22) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. (23) After the final map records, applicant shall submit to the Engineering Division, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (24) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at no cost to the City for all improvements. (25) All improvements for proposed VTTM No. 52267 shall be coordinated with any existing or proposed maps. (26) Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City admin- istrative costs. (27) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (28) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner as required by the City Engineer. (29) All improvement plans (i.e., grading, erosion control, storm drain, sewer, street, etc.) shall comply and follow NPDES guidelines for construction and include appropriate Best Management Practices (BMP's). (30) Prior to the initiation of grading operations, the applicant shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, Los Angeles County and the California Regional Water Quality Control Board for the discharge of urban 22 f. pollutants. All improvement plans and construction shall comply with the City's NPDES requirements. Grading: (1) Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. Prior to the issuance of a grading permit, the precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM No. 52267. (2) The maximum grade of driveways serving building pad areas shall be 15%. (3) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes; (c) "Restricted use" areas and structural setbacks shall be considered and delineated prior to recordation of the final map; (d) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (e) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; (f) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (g) Gross stability of all fill slopes shall be analyzed as part of geotechnical 23 report, including remedial fill that replaces natural slope; (h) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (i) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base; and (j) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (4) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist. (5) Final grading plans shall be prepared in a 24" x 36" format and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. (6) Final grading plans shall be submitted to and approved by the City Engineer. (7) An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. (8) All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed in conformance with the Biological Resources Management Plan and to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. (9) No grading or any staging or any construction shall be performed prior to final map approval by the City Council. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. g. Drainage: (1) Applicant shall post surety and an agreement 24 executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. (2) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the City Engineer. (3) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (4) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained (if applicable) from the U.S. Army Corps of Engineers and an agreement with the California Department of Fish and Game (if applicable) shall be obtained and submitted to the City Engineer. (5) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. (6) A permit from the County Flood Control District shall be required for work within its right-of-way or connection to its facilities. A permit from CALTRANS shall be required for work within its right-of-way. (7) Vehicular access shall be provided to all "Urban Pollutant Basins with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15% unless otherwise approved the City Engineer. (8) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (9) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer 25 prior to final map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&Rs. (10) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a registered Civil Engineer to the satisfaction of the City Engineer. h. Streets: (1) Street improvement plans in a 2411x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. (2) Prior to final map approval, the applicant shall submit street names for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal services zip code areas. (3) New street centerline monuments shall be set at the intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. (4) Street improvement plans in a 24" x 36" sheet format, prepared by a California registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guarantee- ing completion of the public and/or private street improvements, prior to final map approval. (5) No street shall exceed a maximum slope of 12% except that portion of Tin Drive which has a maximum slope of 14% for approximately 4001. (6) Prior to recording of final map, applicant shall construct base and asphalt concrete pavement for all streets in accordance with 26 i. soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. (7) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy. (8) Applicant shall construct curb and gutters per City standards subject to approval by the City Engineer. (9) The connection to Highcrest Drive from VTTM No. 52267 shall be utilized as a secondary access into VTTM No. 52267. Utilities• (1) All utility lines shall be underground in frontage of the VTTM No. 52267. (2) Applicant shall construct street lights along all streets, as required, per City standards and as approved by the City Engineer. The street lights shall be annexed into the appro- priate street lighting districts, or shall be operated and maintained by a homeowners association. (3) Prior to the approval and recordation of the final map, the applicant shall submit written certification to the City from the Walnut Valley Water District (WVWD) that adequate water supply and facilities are available to serve the project; from the Los Angeles County Sanitation District (LACSD) that adequate sewage conveyance and treatment capacity are available to serve the project; and from each public utility and cable television purveyor that adequate supplies and facilities are or will be available to serve the proposed project. Such letters shall be issued by the districts, utility companies and cable television company within ninety (90) days prior to final map approval. (4) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the WVWD specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 27 (5) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the City guaranteeing con- struction of the necessary improvements to the existing water system according to WVWD specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. (6) Applicant shall provide separate underground utility services to each parcel, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer prior to granting. (7) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (8) Prior to submittal of the final map, written certification from Walnut Valley Water District, GTE, SCE, SCG and Century Communications stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (9) Underground utilities shall not be constructed within the drip line of any mature tree or any tree planted in the mitigation monitoring area except as approved by a registered arborist. (10) Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporated into the homeowners' association obligations to the future installation of main and service lines capable of delivery of reclaimed water to all homeowners' association maintained common area landscaped portions of VTTM No. 52267, prior to final map approval. The system shall be designed to permit "switch over" of non- domestic services on each area within the homeowners' association maintained landscaped common area at time of availability of reclaimed water, to the satisfaction of the City Engineer and designed to the specification of the WVWD. (11) Applicant shall post security guaranteeing completion of all utility improvements, prior to the final map approval. j. Traffic: (1) Traffic improvement plans shall be prepared by 28 k. a registered Civil Engineer in a 24"x36" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map approval. (2) Intersection line of sight designs shall be submitted to the City for approval may be required by the City Engineer. (3) Traffic control signing and striping plans shall be prepared for any construction affecting traffic on Diamond Bar Boulevard in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. (4) Prior to final map approval, the applicant shall pay its fair share of traffic signal improvements required (Tin Drive/Diamond Bar Boulevard) pursuant to the approved EIR. Based upon recommendations presented in the traffic study, this fair share is 100 percent of the costs for traffic signal installation. Applicant shall also be responsible for other traffic modification improvements such as median, signing and striping for left and right turn lane pockets. The applicant shall, at his sole cost and expense, install full sidewalks of five feet minimum in width along the property frontage on Diamond Bar Boulevard between Goldrush Drive and Steep Canyon and full sidewalks of five feet minimum in width and curb and gutter along Steep Canyon between Diamond Bar .Boulevard and Clear Creek Drive. All improvements shall comply with current American Disabilities Act standards. sewers: (1) Sewer system improvement plans (24" x 36" sheet format, 2 pages per sheet) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer, Los Angeles County Public Works Department, and Los Angeles County Sanitation District prior to final map approval. (2) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer verifying that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. (3) Each dwelling unit shall be served by a 29 separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division prior to approval of the final map. (4) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. (5) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District standards. (6) Applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. (7) Security shall be posted guaranteeing completion of the improvements and Mitigation Monitoring Plan, prior to final map approval. (8) Applicant shall convey access and property easement and rights-of-way to the Los Angeles County Sanitation District, as deemed necessary by the County and City Engineer for the construction and maintenance of sewer lines and associated facilities prior to final map approval. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Diamond Hills Ranch Partnership, 5109 E. La Palma Avenue, Ste. D, Anaheim, CA 92807 and SunCal Companies, 5109 E. La Palma Avenue, Ste. D, Anaheim, CA 92807. BE APPROVED AND ADOPTED THIS 6TH DAY OF October, 1998, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Carol Herrera, Mayor I, Lynda Burgess, City Clerk, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 6th day of October, 1998, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Lynda Burgess, City Clerk 31 FINDINGS OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS for CITY OF DIAMOND BAR VESTING TENTATIVE TRACT MAP NO. 52267 A. INTRODUCTION The California Environmental Quality Act (CEQA) Guidelines Section 15091 provides that: (a) No public agency shall approve or cant' out a project for which an environmental impact report has been certified 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 effect 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 the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. CEQA further requires that, where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR, but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record (Sec. 15093 of the CEQA Guidelines). The City of Diamond Bar has prepared a final EIR for the project in accordance with CEQA and CEQA Guidelines requirements. The final EIR is subject to review by the City of Diamond Bar Planning Commission and City Council, and the City Council has adopted a resolution certifying that: the final EIR has been prepared in compliance with CEQA; and, the final EIR was presented to the City Council, and the Council reviewed and considered the information contained in the final EIR prior to taking action of the project. Because the final Environmental Impact Report (EIR) for Vesting Tentative Tract Map No. 52267 (VTTM No. 52267) identified significant environmental effects that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Diamond Bar hereby adopts these findings and following evidence as part of the approval of the project and related applications. Section B, "Mitigated Significant Impacts," details the potential environmental effects which will no longer be significant because of the mitigation that will be incorporated into the project, or due to project features which have been incorporated into the design of the project in accordance with the finding required under Section 21081(a)(1). Section C, "Impacts That Cannot be Mitigated to a Level Considered Less than Significant," identifies the significant environmental effects of the VTTM No. 52267 project which cannot feasibly be mitigated to a level considered less than significant. Section D summarizes the alternatives discussed in the final EIR and provides findings required under CEQA 21081(a)(3) with respect to the feasibility of the alternatives which might avoid the project's significant environmental impacts, cannot be feasibly implemented due to specific economic, legal, social, technological, or other considerations. Finally, Section E sets forth the statement of overriding considerations adopted by the City pursuant to Section 21081(b) of CEQA with respect to those significant effects on the environment which cannot be feasibly mitigated or avoided. This Statement of Findings of Fact and Overriding Considerations is based upon substantial evidence in the administrative record for the project which is hereby incorporated by reference. It is not intended to be inclusive of all facts contained within the administrative record which support the findings set forth herein, but rather identifies the key principal facts in the administrative record which provide substantial evidence supporting these findings. Additional facts in support of the City's findings may be found in the final EIR, the staff reports prepared for both the Planning Commission and the City Council, the transcripts of the various public hearings on the project, and the administrative record as a whole. The following Findings and Statement of Overriding Considerations are made relative to the final EIR for the VTTM No. 52267 project. The mitigation measures described herein are consistent with those included in the Mitigation Monitoring Program. B. MITIGATED SIGNIFICANT IMPACTS The City of Diamond Bar, having reviewed and considered the information contained in the final EIR, the appendices to the final EIR, and the administrative record, finds, pursuant to CEQA and the CEQA Guidelines, that changes or alterations have been required in, or incorporated into, the VTTM No. 52267 project which mitigate, avoid, or substantially lessen potentially significant environmental effects as identified in the final EIR in the following categories: (1) earth resources, (2) water resources, (3) biological resources, (4) aesthetics, with respect to light and glare, (5) transportation and circulation, and (6) cultural resources, with respect to archaeological and paleontological resources. EARTH RESOURCES Development of 130 dwelling units on the site requires grading of approximately 1,800,000 cubic yards of cut and fill (balanced onsite). Two large engineered fills comprise the majority of the earthwork. One fill area is located along the southern edge of the development area below lots 112 through 130; the other is located along the northern portion of the development area below lots 9 through 20. Smaller fills are located throughout the development area. The maximum depth of cut is approximately 80 feet and the maximum fill depth is approximately 180 feet. The grading plan takes into account provisions to ensure slope stability, erosion control, and seismic safety. Engineering features such as shear keys and buttress fills are a part of the grading design. Engineered slopes on the site would not exceed 2:1 (horizontal: vertical) and are required to meet City requirements for stability. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through required compliance with engineering provisions for slope stability, erosion, and seismic safety. The project's conformance with Uniform Building Code requirements, and incorporation of the following mitigation measures is required. Mitioation Measures 1. For all tract/parcel maps requiring the placement of fill in canyon areas, the geotechnical engineer shall ensure that partial to complete removal and recompaction of the alluvial deposits to geotechnically competent materials is performed. Additional compressible materials that will require removal include topsoil, colluvium, debris flows, landslide debris, and uncontrolled fills. The grading plan shall be approved by the City Engineer. 2. Prior to the issuance of grading permits, areas that could result in debris flows shall be avoided, treated where they originated, or directed away from areas of proposed development. Engineered solutions could include debris basins and deflection walls for directing debris flows into natural or man-made channels. Final recommendations shall be provided by the geotechnical engineer for each potential debris flow location. 3. Prior to the issuance of grading permits, the applicant shall submit to the City Engineer for review and approval a report that demonstrates that cut and fill slopes have been designed in accordance with recommendations of a certified geotechnical engineer. 4. Prior to grading, all slopes shall be analyzed by a geotechnical engineer and engineering geologist as part of grading plan review, with stabilization alternatives presented. 5. Prior to the issuance of grading permits, cut slopes shall be designed to include buttress widths based upon recommendations of a certified geotechnical engineer. 6. During project design and construction, an erosion control plan shall be developed as part of the grading plan. The erosion plan is typically prepared by a civil engineer for the purpose of controlling surface runoff during grading of the site. 7. During all grading activities within development areas, soils that may be susceptible to ground lurching shall be removed and recompacted based on investigation by a geologist and approved by the City engineer. S. A geotechnical engineer shall evaluate areas of alluvial soils within the development areas that will not be removed during grading for potential liquefaction and provide appropriate mitigation measures as necessary. 9. Concurrent with the submittal of the master tentative tract map, the project developer shall submit a detailed geologic and soils engineering report meeting the requirements of the City of Diamond Bar Subdivision Ordinance. WATER RESOURCES Drainage from the development areas will be conveyed by onsite storm drain systems to existing natural drainage courses which would then drain to existing culverts in Diamond Bar Boulevard. The quality of stormwater runoff from developed areas is expected to be of lesser quality than the existing runoff from the natural site. 3 During construction, short-term water quality impacts may occur from erosion and siltation from soils exposed by grading activities. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding The significant effects have been eliminated or substantially lessened to a level that is less than significant by the following project design features and mitigation measures as identified in the final EIR and incorporated into the project. In addition, full compliance with applicable local, state, and federal water quality standards by the applicant is required. Project Design Features Stormwater runoff from developed areas would be conveyed to an "urban depollutant basin" located downstream and south of the development area of the VTTM No. 52267 site. The basin would trap urban runoff pollutants prior to discharge in the Los Angeles County storm drain facility south of the development area. Mitigation Measures Energy dissipators shall be installed at all offsite discharge locations to eliminate erosion in natural offsite drainage courses. 2. "Urban depollutant basins" shall be included to reduce contaminants in runoff from developed areas of the site prior to discharge into natural areas. Such facilities shall be indicated on all improvement plans submitted to the City of Diamond Bar for approval. 3. All cut and fill slopes shall be landscaped as soon as practicable after completion of grading to reduce potential erosion and increased runoff from these areas. 4. Prior to the initiation of grading, the applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit from the California Regional Water Quality Control Board, Los Angeles Region. A copy of the NPDES permit and accompanying Stormwater Pollution Prevention Plan and related engineering plans for control of runoff during construction shall be submitted to the City of Diamond Bar prior to issuance of the grading permit. 5. Prior to issuance of a grading permit, the applicant shall submit to the City of Diamond Bar an erosion control program for approval that indicates that proper control of siltation, sedimentation, and other pollutants will be implemented. The use of filter fences, filter dikes, and other construction Best Management Practices (BMPs) near stormwater system outlets shall be included in the program. BIOLOGICAL RESOURCES Direct Impacts 4 Approximately 65.7 acres of the 339.3 -acre site will be impacted by grading and construction activities. Within the 65.7 -acre development area, the following plant communities will be removed: Venturan-Diegan transitional coastal sage scrub (18.7 acres), Scrub Oak Chaparral (8.5 acres), annual grassland (27.7 acres), coast live oak woodland (9.6 acres), Mexican Elderberry Woodland (1.1 acres), and disturbedideveloped areas (0.1 acre). Of these plant communities, the loss of Venturan-Diegan transitional coastal sage scrub and coast live oak woodland are significant. Approximately 410 coast live oak trees and 30 walnut trees will be removed to allow for development of the site. The loss of the other plant communities are not significant. No plants listed as sensitive are known to occur within the development area. implementation of the development will result in the loss of approximately 65.7 acres of native and nonnative habitats that provide valuable nesting, foraging, and denning opportunities for a wide variety of wildlife species. There are no known threatened or endangered animal species on the site, including the coastal California gnatcatcher. Impacts to sensitive bird species occurring/potentially occurring on the site are not significant due to their low sensitivity status, limited amount of affected habitat, and amount of preserved habitat within the site. The loss of any active raptor nest in the development area would be considered a significant impact. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding The significant effects have been eliminated or substantially lessened to a level that is less than significant by implementation of the following mitigation measures as identified in the final EIR and incorporated into the project. Project Design Features Avoidance of 273.6 acres of a variety of plant communities has been incorporated into the project design for VTTM No. 52267 to minimize impacts to sensitive resources. This includes the preservation of 38.7 acres of coast live oak woodland and 40.1 acres of walnut woodland in the open space area of VTTM No. 52267. Mitigation Measures Biological Resource Management Plan (BRMP) Prior to issuance of a grading permit, a Biological Resource Management Plan (BRMP) will be submitted to the City of Diamond Bar for approval. This BRMP will specify design and implementation of biotic mitigation measures, including habitat replacement and revegetation (in temporary impact areas), protective measures during construction, performance (growth) standards for replacement habitat, maintenance criteria, and monitoring requirements. The Draft BRMP will also be reviewed by the United States Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), and the United States Army Corps of Engineers (USACE) as applicable to their jurisdictions. The primary goal of the BRMP will be to ensure the long-term perpetuation of the existing diversity of habitats in the preserved areas and adjacent development transitional areas. The BRMP shall contain at a minimum the following: a. Identification of habitats (including individual oak and walnut woodlands) to be removed, and the locations where these habitats are proposed to be restored or relocated. b. Procedures for vegetation analyses of adjacent protected habitats to approximate their relative composition, and site preparation activities (clearing, grading, weed eradication, soil amendment, topsoil storage), irrigation, planting (container plantings, seeding), and maintenance (weed control, irrigation system checks, replanting). This information will be used to determine the mitigation requirements in the revegetation areas. c. Sources of plant materials for mitigation areas and methods of propagation. d. Specifications for maintenance and monitoring of re-established habitats, including weed control measures, frequency of field checks, and monitoring reports for temporary disturbance areas. e. Specifications and performance standards for growth of re-established plant communities. f. Remedial measures to be implemented if performance standards are not met. g. Methods and requirements for monitoring of the restoration/replacement areas. h. Measures for topsoil preservation and erosion control. i. Location of protective fencing around environmentally sensitive areas and construction staging areas. Prior to initiation of any site grading or equipment mobilization onto the project site, an eight foot high chain link fence with a two foot long cantilever section angling inward (toward the site) shall be installed along the western site boundary abutting Diamond Bar Boulevard and extending from the northern boundary of the Los Angeles County Flood Control Easement (near Steep Canyon Road) to Gold Rush Drive, and extending easterly along Gold Rush Drive for a distance of approximately 400 feet to the property boundary comer. The fence shall be maintained and shall remain in place until the first occupancy permit is issued by the City of Diamond Bar. j. Specification of the purpose, type, frequency and extent of chemical use for insect and disease control operations as part of vegetative maintenance within sensitive habitat areas. k. Specific measures for the protection of sensitive habitats to be preserved. These measures will include, but are not limited to, erosion and siltation control measures, protective fencing guidelines, dust control measures, grading techniques, construction area limits, and biological monitoring requirements. During development of the final landscape plan and project entry design plan, the City's biological consultant shall work with the applicant to ensure that provisions are incorporated into these plans that would not limit wildlife movement across the project entry road and adjacent manufactured slopes. 2. The City of Diamond Bar will designate a project biologist responsible for overseeing biological monitoring, regulatory issues and compliance, and restoration activities during construction and after project completion. In conjunction with development of final plans and specifications for construction, or other activities involving significant soil disturbance, the project biologist shall map all sensitive habitats within 100 feet of the grading limits and/or fuel modification boundaries on the grading plans. Sensitive habitats include but are not limited to: scrub, woodland, and riparian habitats. Within the sensitive habitats, the following limitations shall be observed: (1) no construction access, parking, or storage of equipment or materials will be permitted within such marked areas; (2) to the maximum extent practicable, construction access points shall be limited where they are adjacent to protected habitat; (3) waste dirt or rubble will not be deposited on protected habitat; and (4) vehicle transportation routes will be confined to the narrowest practicable width in areas adjacent to marked, protected habitat during construction activities. 4. Prior to commencement of grading activities or other activities involving significant soil disturbances, the project biologist shall attend preconstruction meetings with the applicant's construction managers, to confirm grading and construction procedures as they relate to the protection of preserved habitat areas. 5. During grading activities or construction operations, the project biologist shall conduct monitoring of adjacent sensitive habitats to document adherence to habitat protection and avoidance measures addressed herein and as listed in applicable California Department of Fish and Game and U.S. Army Corps of Engineers permits. 6. During grading activities and construction operations, the project biologist shall submit a monthly letter report to the City of Diamond Bar summarizing site visits, documenting adherence or violations of required habitat protection measures, and listing any necessary remedial measures. 7. During construction operations, the project biologist shall monitor the installation and/or removal of creek crossing fill, access road fill, and protective devices (silt fencing, sandbags, fencing, etc.) to facilitate the restoration of pre-existing ground elevations and to ensure that protected natural resources are not damaged. 8. During all construction activities, the applicant shall ensure that construction equipment or vehicles are not stored within drainage areas and that there shall be no fueling, lubrication, or maintenance of construction equipment within 150 feet of applicable California Department of Fish and Game and U.S. Army Corps of Engineers jurisdictional areas. 9. During all construction activities, the applicant shall ensure that no waste material is discharged to any drainage areas, channels, or streams. Spoil sites shall not be located within any streams, or in areas where spoils could be washed into any surface water body. 10. Prior to initiation of construction, the applicant shall locate silt settling basins away from streams to prevent discolored, silt -bearing water from reaching the stream. 11. If silt catchment basins are used during project construction, the basins shall be placed across the stream immediately downstream of the project site prior to initiation of project grading. Catchment basins shall be constructed of materials which are free from mud and silt. Upon completion of the project, all basin materials along with the trapped sediments shall be removed from the stream, in such a manner that said removal shall not introduce sediment to the stream. Prior to catchment basin removal, basins will be surveyed for the presence of sensitive wildlife. Any sensitive wildlife present will be relocated prior to removal of basin. 12. If the project, biologist determines that turbidity/siltation levels from project -related activities constitute a threat to downstream biological resources, activities associated with the turbidity/siltation shall be halted until effective control devices are installed, or abatement procedures are initiated. An erosion control plan shall be approved by the City of Diamond Bar and the California Regional Water Quality Control Board prior to initiation of grading to insure protection of downstream water quality and prevent extensive siltation. This plan shall stabilize sediment and reduce erosion hazard, decreasing impacts to downstream aquatic resources. 13. Prior to initiation of any construction activity, the project biologist shall survey the construction limits for the presence of occupied raptor nests and nest burrows (for burrowing owls). Occupied raptor nests/burrows shall be mapped on the construction plans by the project biologist. The project biologist will visit the nest/burrow site at the beginning of the nesting season to verify the use of the nests/burrows for that particular year. If nesting activity begins at any nest site, then the active nest/burrow(s) shall be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. To protect any active nest/burrow sites, the following restrictions on construction are required between February 1 and June 30 (or until nests are no longer active as determined by the project biologist): (1) clearing limits will be established a minimum of 300 feet in any direction from raptor nests/burrows; and (2) access and surveying will be allowed within 200 feet of nests/burrows. Restoration Measures Approximately 18.7 acres of coastal sage scrub habitat would be impacted by the development of the VTTM No. 52267 site. Because this habitat supports a number of sensitive wildlife species, it is suggested that any fill slopes that do not need to be managed for fuel modification be reseeded with coastal sage scrub plant species using the following guidance: 14. The goal of the coastal sage scrub (CSS) mitigation program is to develop two acres of replacement coastal sage scrub habitat for each acre (2:1 ratio) lost to development. Replacement at the 2:1 ratio will be achieved through implementation of the following approaches on suitable undeveloped portions of the VTTM No. 52267 site or on suitable portions of Lot 9 of Tract 31479: restoration of degraded CSS habitat; development of new CSS habitat in or adjacent to areas of highly disturbed native vegetation; or a combination of these approaches. Side slope revegetation of manufactured slope areas may constitute a portion of the CSS mitigation, as long as suitable conditions are present. The locations of the CSS mitigation sites will be determined in the Biological Resources Management Plan (BRMP) developed for the VTTM No. 52267 project. The following revegetation program will apply to all areas impacted but not replanted with coast live oak and/or walnut woodland species or required for fuel modification: Revegetation shall be implemented in stages. The initial stage will begin during site grubbing and will consist of crushing/mulching scrub, within areas to be graded, with a dozer. The crushed/mulched material along with the top 4 to 6 inches of topsoil will then be removed in one operation with a loader or dozer and stockpiled nearby as directed by the project biologist. Soil stockpiles should be stored at depths no greater than 7 feet until revegetation sites are prepared and should be maintained free of contamination (storage depths may require adjustment based upon length of storage). Stockpiles should be stored no longer than six months. Once a restoration site is prepared (roughened by sheep's foot or similar equipment) the stockpiled soil will be spread to a depth of approximately 1 foot. Appropriate scrub container stock will be incorporated into the revegetation areas as outlined in the detailed mitigation/restoration plan to be developed by the project biologist. In addition, container stock consisting of native bunchgrasses will be incorporated into the planting. The redistributed material, along with the container stock, will be watered by a temporary irrigation system until established, as determined by the project biologist. Crushed plant material and soil to be stockpiled will be obtained from various locations onsite. Areas to be revegetated will be determined by the project biologist based upon such factors as the configuration of the cut and/or fill slopes and proximity to areas of intact scrub communities. The timing of the stockpiling of plant material and topsoil will be dictated by the grading/construction schedule. Reintroduction of stockpiled material to revegetation sites will be conducted between September 1 and November 30. Container stock will be planted during the same time period. The following performance standards shall apply for the revegetation of coastal sage scrub communities: • First Year: Coverage/30 percent coverage by redistributed vegetative materials, seeded species, and container stock (whichever of the three or combination is used). Survival Rate/90 percent survival of any container stock originally planted. If 90 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. • Second Year: Coverage/45 percent coverage by redistributed vegetative materials, seeded species, and container stock (whichever of the three or combination is used). Survival Rate/50 percent survival of any container stock originally planted. If 50 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. • Third Year: Coverage/60 percent coverage by redistributed vegetative materials, seeded species, and container stock (whichever of the three or combination is used). Survival Rate/50 percent survival of any container stock originally planted. If 50 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. • Fourth Year: Coverage/75 percent coverage by redistributed vegetative materials, seeded species, and container stock (whichever of the three or combination is used). Survival Rate/50 percent survival of any container stock originally planted. If 50 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. • Fifth Year: Coverage/90 percent coverage by redistributed vegetative materials, seeded species, and container stock (whichever of the three or combination is used). Survival Rate/50 percent survival of any container stock originally planted. If 50 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. Coastal sage scrub revegetation will be considered successful at five years if the percent cover and species diversity of the restored and/or created habitat areas are similar to percent cover and species diversity of adjacent existing habitats, as determined by quantitative testing of existing and restored and/or created habitat areas by the project biologist. Monitoring of the revegetation areas shall be conducted for a minimum of 5 years to ensure successful colonization of the restored areas by scrub species. If success standards are not met, remedial measures, including hand seeding, hydroseeding, or introduction of additional container stock will be implemented as directed by the project biologist. 15. In conjunction with final design, the project biologist will work closely with the project landscape architect to develop native plant palettes for revegetation areas adjacent to development areas that abut natural open space. Final landscape design plans shall be acceptable to the County Fire Marshal and shall reflect the following: • The landscaping along the open space areas (non -urban) will be a mix of native, non- invasive, drought tolerant plant species from the scrub community. The scrub community species selected will be the same as those that are appropriate for support of the coastal orange -throated whiptail and cactus wren. • Seeds, cuttings, and potted plants will be collected from local plant material where feasible, supplemented by material from native plant nurseries. 10 • Species native to California but not found in the project area shall not be used, unless the species selected is considered to be appropriate for use by the project biologist. Invasive, weedy, or non-native species will not be used in landscaping along open space areas. Examples of invasive plants include, but are not limited to, pampas grass, periwinkle, English ivy, and giant reed. • Low-volume irrigation systems, using reclaimed water (where feasible), will be included in the final design. Coast Live Oak Woodland 16. Prior to determining the full extent of mitigation required for coast live oak woodland impacts, a formal United States Army Corps of Engineers (USACE) and California Department of Fish and Game (CDFG) jurisdictional delineation shall be conducted on the VTTM No. 52267 site. 17. Impacts shall be mitigated by the planting of coast live oaks and California walnuts trees and associated understory herbaceous plant species within areas determined to be suitable by the project biologist. Suitable areas include those areas located within the permanent open space areas and outside of the fuel modification areas of the VTTM No. 52267 site. Revegetation areas must contain the appropriate hydrology, soil composition, and slope aspect to be considered for mitigation sites. The precise mitigation locations shall be selected by a restoration ecologist with expertise in native plant community restoration. Any planting of native trees and shrubs within the fuel modification areas or within the interior of the developed project site (i.e., project landscaping) will not be credited towards any tree replacement requirements of the City of Diamond Bar or the California Department of Fish and Game. 18. Mitigation shall consist of planting oak trees and walnut trees at a replacement ratio as identified below or as otherwise deemed appropriate by the California Department of Fish and Game. Container Size Trunk DBH (Diameter at Breast Replacement Height) Ratio 5 -Gallon 15 -Gallon 244nch Box Transplant' <36 inches 2:1 1 1 36-48 inches 3:1 1 1 1 >48 inches 4:1 1 1 2 1 1 ' If a sufficient quantity of healthy and/or accessible existing oaks are not available for transplantation, then the following will apply as a substitution for the one transplanted oak noted above for each dbh/ratio category: <36 inches: substitute one 15 -gallon size for one transplant. 36-48 inches: substitute one 15 -gallon size for one transplant. >48 inches: substitute one 24 -inch box size for one transplant. 11 Oak and walnut trees removed by project construction shall be replaced with a mixture of container plantings, as specified in the Biological Resource Management Plan. Prior to planting, the revegetation sites will be cleared of weed species as specified by a restoration ecologist. An appropriate irrigation system shall be required for oaks and walnuts to establish the container plantings. Advance notice of 9 to 12 months should be given to the supplier/grower to ensure that the required oaks and walnuts are ready at the time of proposed planting. Planting shall be conducted during the late fall through early spring following a rainfall of at least 0.50 inch. Performance standards for coast live oak woodland and walnut woodland are as follows: • First Year: Coverage/35 percent. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. • Second Year: Coverage/50 percent coverage by tree and shrub plantings. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. • Third Year: Coverage/70 percent coverage by tree and shrub plantings. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. • Fourth Year: Coverage/80 percent coverage by tree and shrub plantings. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. • Fifth Year: Coverage/90 percent coverage by tree and shrub plantings. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. Revegetation will be considered successful at five years if the percent cover and species diversity of the restored and/or created habitat areas are similar to percent cover and species diversity of adjacent existing habitats or impacted habitats, as determined by quantitative testing of existing and restored and/or created habitat areas. The site will be monitored and maintained for five years to ensure successful establishment of coast live oak and walnut woodland within the restored and created areas. If success standards are not met, remedial measures including introduction of additional container stock, weed removal, adjusting of irrigation, and/or extension of the monitoring program will be implemented as directed by the restoration ecologist. Indirect Impacts Grading activities would disturb soils and result in the accumulation of dust on the surface of the leaves of trees, shrubs, and herbs. This indirect effect of project construction on native vegetation in the immediate vicinity of the construction area is considered adverse, but not significant. 12 Potential urban runoff from the project containing petroleum residues and the improper disposal of petroleum and chemical products could have the potential to adversely affect water quality, and in tum, affect populations of aquatic species. These impacts are considered adverse but not significant. Although these impacts are not considered significant, the following design features and mitigation are required as conditions of approval. Proi Stormwater runoff from these areas would be conveyed to an "urban depollutant basin" located just downstream and south of the development area of the VTTM No. 52267 site. The basin would trap urban runoff pollutants prior to discharge in the Los Angeles County storm drain facility south of the development area. Mitigation 19. In conjunction with construction activity, the grading contractor shall control dust accumulation on natural vegetation at the source of disturbance by standard wetting techniques. Under the guidance of the project biologist, natural vegetation shall be periodically sprayed with water to reduce dust accumulation on leaves. 20. Energy dissipators shall be installed at all offsite discharge locations to eliminate erosion in natural offsite drainage courses. 21. "Urban depollutant basins" shall be included to reduce contaminants in runoff from developed areas of the site prior to discharge into natural areas. Such facilities shall be indicated on all improvement plans submitted to the City of Diamond Bar for approval. 22. All cut and fill slopes shall be landscaped as soon as practicable after completion of grading to reduce potential erosion and increased runoff from these areas. 23. Prior to the initiation of grading, the applicant shall obtain an NPDES permit from the California Regional Water Quality Control Board, Los Angeles Region. A copy of the NPDES permit and accompanying Stormwater Pollution Prevention Plan and related engineering plans for control of runoff during construction shall be submitted to the City of Diamond Bar prior to issuance of the grading permit. 24. Prior to issuance of a grading permit, the applicant shall submit to the City of Diamond Bar an erosion control program for approval which indicates that proper control of siltation, sedimentation, and other pollutants will be implemented. The use of filter fences, filter dikes, and other construction Best Management Practices (BMPs) near stormwater system outlets shall be included in the program. AESTHETICSNISUAL RESOURCES ht and Gla The residential development would introduce sources of lighting associated with homes and street lights into an area of the City of Diamond Bar that is currently unlit during the night time. Development of this site with residences, and therefore associated lighting sources, was anticipated in the City of Diamond Bar General Plan. The site is also adjacent to existing residential areas. 13 While the introduction of light .sources to the site is a change from existing conditions, it is not considered a significant impact. Although this change is not considered significant, the following measures are required as conditions of approval. 3. Street lights shall use fixtures that direct light downward to the maximum extent practicable. The intensity of the lighting shall conform to current City requirements. TRANSPORTATION AND CIRCULATION A signal warrant analysis conducted for the intersection of Tin Drive at Diamond Bar Boulevard identified that implementation of the project will result in extensive delays for eastbound left tum movements from Tin Drive onto northbound Diamond Bar Boulevard. A traffic signal at this location is needed and would be the responsibility of the project applicant. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding The significant effect has been eliminated to a level that is less than significant by the following mitigation measure as identified in the final EIR and incorporated into the project. 1. Prior to the issuance of a certificate of occupancy for the first dwelling unit at the VTTM No. 52267 site, a traffic signal shall be installed at the intersection of Tin Drive at Diamond Bar Boulevard. The project applicant will be responsible for 100 percent of the costs associated with this traffic signal. ,$11911111 `.7_1 Archeological Resources Prehistoric artifacts or sites could be found during construction activities. Damage to prehistoric archaeological resources is considered a significant impact. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the following mitigation measures as identified in the final EIR and incorporated into the project. 14 1. Prior to rough grading activities, a qualified archaeologist shall be retained to monitor the clearing and grubbing of the southern slope of the VTTM No. 52267 site. The archaeologist would carefully inspect these areas to assess the potential for significant prehistoric or historic remains. If a site is uncovered, then a subsurface evaluation may be needed to assess the resource. Further subsurface investigation may be needed if the site is determined unique/important for its prehistoric information. 2. Following the intensive survey, the archaeologist shall file a survey report with the South Central Coastal Information Center at University of California, Los Angeles. Any subsequent archaeological testing and data recovery reports would also be filed with the Information Center. 3. A qualified archaeologist shall be retained to attend pre -grade meetings and to monitor grading activities. During grading activities, the archaeologist shall conduct limited monitoring to observe and retrieve any buried artifacts that may be uncovered. 4. The archaeological monitor shall have the authority to temporarily divert or direct grading to allow time to evaluate any exposed prehistoric or historic material. 5. A final monitoring report, including an itemized inventory and pertinent field data, shall be sent to the property owner and to the South Central Coastal Information Center at the University of California, Los Angeles. 6. Any recovered prehistoric and historic artifacts shall be offered, on a first right -of -refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the Fowler Museum of Cultural History (UCLA) and California State University, Fullerton, or alternatively to the Pomona Valley Historical Society, La Puente Valley Historical Society, or Pacific Coast Archaeological Society where collections are held locally. Paleontological Resources Grading, trenching, and other earth moving activities in the Soquel Member of the Puente Formation have the potential to destroy vertebrate, invertebrate, and plant fossil remains. Fossil vertebrates and plants are non-renewable scientific resources; their loss is considered to be a significant impact. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by the following mitigation measures as identified in the final EIR and incorporated into the project. 1. A qualified paleontologist shall be retained to produce a mitigation plan for the VTTM No. 52267 site. The paleontologist shall attend pre -grade meetings to discuss the monitoring, collecting, and safety procedures for the project and shall supervise the paleontological monitoring during earth moving activities in the area. 15 2. Full-time monitoring shall be conducted by a paleontological monitor during earth moving activities within the high sensitivity Soquel Member. Recent alluvium and colluvium do not require monitoring. The paleontologist shall tailor the monitoring schedule to the lithologies present, the rate of fossil recovery, the numbers of spreads working simultaneously, and the cubic foot amounts of rock being excavated or disturbed. 3. Screening of sediments shall routinely be conducted during monitoring under the supervision of the paleontologist to sample significant small vertebrate remains. 4. The paleontological monitor shall have the authority to temporarily divert or redirect grading to allow time to evaluate any exposed fossil material. 5. During monitoring, any scientifically significant specimens shall be properly salvaged after evaluation by, and under the supervision of, the paleontologist. During fossil salvage, contextual stratigraphic data shall also be collected. This will include lithologic descriptions, localities plotted on a USGS 7.5' Series topographic quadrangle, photographs, and field notes. 6. Specimens shall be prepared to the point of identification, identified, and curated on a long-term loan basis in a suitable repository that has a retrievable storage system, such as the Los Angeles County Museum of Natural History. 7. A final report shall be prepared at the end of earth moving activities, and shall include an itemized inventory of recovered fossils and appropriate stratigraphic and locality data. This report shall be sent to the City of Diamond Bar to signify the end of mitigation. Another copy shall accompany any recovered fossils, along with field logs and photographs, to the designated repository. 16 C. IMPACTS THAT CANNOT BE MITIGATED TO A LEVEL CONSIDERED LESS THAN SIGNIFICANT The following sets forth all significant effects of the VTTM No. 52267 project. For each effect, a finding is made as referenced in the Introduction above, that states facts in support of such findings, and, as appropriate, refers to the Statement of Overriding Considerations which is attached. LAND USE While the project is generally consistent with the goals, objectives, and strategies of the City of Diamond Bar General Plan, it is inconsistent with the provisions related to removal of map restrictions without the provision of significant benefits (see discussion in next paragraph). Implementation the project would result in: significant topographical changes associated with grading activities; removal of biological habitat including oak and walnut trees; and, would be visible from existing residences. The topographical changes to the site to allow for the proposed development are considered significant and unavoidable. The biological impacts can be mitigated to a level that is considered less than significant. Alternatives have been identified that would lessen the aesthetic and biological impacts. However, unless development is precluded, unavoidable aesthetic impacts will occur. General Plan Land Use Element Strategy 1.5.4 identifies that vacant land which has deed or map restrictions must be subjected to public hearings before the Planning Commission and City Council before any action can be taken to remove the restrictions. Development of the VTTM No. 52267 project requires the removal of map restrictions to allow for the development envelope for the project to occur on Lots 5 and 7. Restrictions can only occur with the provision of a "significant benefit" by an applicant to the City of Diamond Bar. The applicant is dedicating as public open space the remaining approximately 264.3 acres (portions of Lots 4, 5, and 7 of Tract No. 31479 excluding manufactured slope areas) and all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract No. 42576 totaling approximately 86 acres of Planning Area 2, and a 10.0 acre portion of Lot 4 of Tract No. 31479 adjacent to Summit Ridge Park to the City of Diamond Bar as a significant benefit. In addition, the applicant has agreed to pay $1,470,000 to the City of Diamond Bar as consideration for the City relinquishing its rights to prohibit construction of residential buildings on approximately 9.8 acres of land in Parcels 5 & 7. The applicant shall remit $1,200,000 to the City of Diamond Bar and in addition thereto, shall replace paved parkways and medians located at Gold Rush and Diamond Bar Boulevard and Tin Drive and Diamond Bar Boulevard with landscaping, as well as creating a pastoral, landscaped area on the corner of Gold Rush and Diamond Bar Boulevard, for an estimated total value of $270,000. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. 17 Facts in Support of Findings Project Design Features The project has been designed to be compatible with surrounding areas, retains the majority of the tract in permanent open space by clustering the residences, is of the same density as surrounding developments, and limits grading to the degree feasible to address geotechnical issues. The remainder of VTTM No. 52267 (approximately 264.3 acres) (portions of Lots 4, 5, and 7 of Tract No. 31479 excluding manufactured slope areas) and all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract No. 42576 which total 86.0 acres of Planning Unit 2, and a 10.0 acre portion of Lot 4 of Tract No. 31479 adjacent to Summit Ridge Park for use as parkland would be dedicated to the City of Diamond Bar as open space. In addition, the applicant has agreed to pay $1,470,000 to the City of Diamond Bar as consideration for the City relinquishing its rights to prohibit construction of residential buildings on approximately 9.8 acres of land in Parcels 5 & 7. The applicant shall remit $1,200,000 to the City of Diamond Bar and in addition thereto, shall replace paved parkways and medians located at Gold Rush and Diamond Bar Boulevard and Tin Drive and Diamond Bar Boulevard with landscaping, as well as creating a pastoral, landscaped area on the comer of Gold Rush and Diamond Bar Boulevard, for an estimated total value of $270,000. Mitigation Measures 1. It is recommended that the grading plans for the VTTM No. 52267 site be revised to incorporate techniques that would lessen the visibility of the residential units along the prominent ridges. Visual simulations or cross sections of the revised plan shall be required prior to issuance of grading permits. 2. Landscaping plans shall use native vegetation (e.g., oaks, walnuts, coastal sage scrub) on manufactured slopes that are adjacent to naturally vegetated areas to minimize the potential visual impact caused by urban landscaping in these areas. The plant materials, placement, and maintenance of the native revegetation shall be approved by the Fire Department and by the project biologist. This measure is intended to reduce aesthetic impacts and should be coordinated with mitigation for biological impacts to ensure consistency. AESTHETICSMSUAL RESOURCES Viewed from near the intersection of Steep Canyon Road at Clear Creek Canyon Drive, the development site would be visible along the top of the prominent ridge in the southern portion of the site. A large engineered fill slope and fuel modification areas would also be visible. The visual impact of the ridgeline development is considered to be a significant impact. Views of the ridge along the northern edge of the site from southbound Diamond Bar Boulevard and adjacent areas to the north are visible from Kidd Drive at Diamond Bar Boulevard. The new residences would be visible along the northern ridge; the engineered fill slope beneath it would also be evident. This visual impact is considered significant. Further, residences along the extension of High Crest Drive would be visible along the top of the northern ridge in this area when viewed from the top of Gold . Rush Drive near its intersection with High Crest Drive. Residents on the south side of Gold Rush Drive would have views from their backyards across the unnamed canyon to the new development. These new residences would appear to be an extension of the existing development at the end of High Crest Drive; this visual impact is considered significant. Findings 18 (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Findings The significant aesthetic effects associated with topographical/grading changes on the site would be reduced by the following project design features and mitigation measures as identified in the final EIR and incorporated into the project. It is unknown whether the mitigation measures identified would reduce the aesthetic impacts of project development to a level that would be considered less than significant. Therefore, the impacts identified are considered significant and unavoidable. The remaining unavoidable effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Proiect Desian Features The project has been designed to be compatible with surrounding areas, retains the majority of the tract in permanent open space by clustering the residences, is of the same density as surrounding developments, and limits grading to the degree feasible to address geotechnical issues. The project is in compliance with the City's Hillside Management Ordinance standards and guidelines in that it follows the natural topography of the site to the degree feasible; incorporates landform grading; concave and convex forms will be used; slopes will not be linear in plan view; manufactured slope gradients will vary from 2:1 to 4:1; lot shapes will vary; pads will maintain irregular configurations were feasible; and, street slopes to the east will remain in their natural, undisturbed state. Mitigation Measures 1. It is recommended that the grading plans for the VTTM No. 52267 site be revised to incorporate techniques that would lessen the visibility of the residential units along the prominent ridges. Visual simulations or cross sections of the revised plan shall be required prior to issuance of grading permits. 2. Landscaping plans shall use native vegetation (e.g., oaks, walnuts, coastal sage scrub) on manufactured slopes that are adjacent to naturally vegetated areas to minimize the potential visual impact caused by urban landscaping in these areas. The plant materials, placement, and maintenance of the native revegetation shall be approved by the Fire Department and by the project biologist. This measure is intended to reduce aesthetic impacts and should be coordinated with mitigation for biological impacts to ensure consistency. AIR QUALITY The project will result in short-term construction impacts related to fugitive dust and equipment exhaust emissions. Construction would generate air emissions from grading activities, construction equipment, and employee vehicle exhaust emissions. Short-term construction emissions will exceed the SCAQMD's 100 pounds/day threshold of nitrogen oxides (NOx) and its 150 pounds/day threshold of particulate matter (PM10). Findings 19 (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Findings The following facts and mitigation measures indicate that although the construction -related air quality emissions will be reduced to the extent feasible, they cannot feasibly be mitigated to a level considered less than significant. However, because the South Coast Air Quality Control District's threshold for these criteria pollutants is low, all of the identified development alternatives (except the No Development Alternative) would exceed these levels and also be deemed significant. The infeasibility of the No Development Alternative is addressed in the findings set forth below and any further alternative or mitigation measure sufficient to achieve reductions in emissions below the air district's thresholds would be infeasible for the same reasons. As a result, impacts associated with NOx and PM10 are considered significant and unavoidable. These unavoidable effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. 1. The City shall require that all construction comply with the South Coast Air Quality Management District's (SCAQMD) regulations, including Rule 402 which specifies that there be no dust impacts offsite sufficient to cause a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. Specific measures to reduce fugitive dust shall include the following: a. Moisten soil prior to grading. b. Water exposed surfaces at least twice a day under calm conditions and as often as needed on windy days when winds are less than 25 miles per hour or during very dry weather in order t maintain a surface crust and prevent the release of visible emissions from the construction site. c. Treat any area that will be exposed for extended periods with a soil conditioner to stabilize soil or temporarily plant with vegetation. d. Wash mud -covered tires and under -carriages of trucks leaving construction sites. e. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud which would otherwise be carried off by trucks departing project sites. f. Securely cover loads of dirt with a tight fitting tarp on any truck leaving the construction sites to dispose of excavated soil, if required. g. Cease grading during periods when winds exceed 25 miles per hour. h. Provide for permanent sealing of all graded areas, as applicable, at the earliest practicable time after soil disturbance. 2. All contractors shall: O a. Maintain construction equipment in peak condition so as to reduce operation emissions. b. Use low -sulfur diesel fuel in all equipment. c. Use electric equipment whenever practicable. d. Shut off engines when not in use. NOISE Construction activities would increase noise levels in the project area over an approximate 2- to 3 - year period. Noise would be associated with earth moving, materials handling, equipment, and vehicles during Gearing, excavation, grading, and construction. Noise produced by construction activities could impact exterior areas of onsite land uses and offsite land uses. Existing residents along the existing terminus of Highcrest Drive, as well as those along Gold Rush Drive and adjacent to Steep Canyon Road may experience noise levels that could exceed the City's noise standards, depending on their distance from the operating equipment. In addition to the noise from construction equipment, construction vehicle traffic and employee traffic, location of overnight equipment parking, and morning start-up activities can also create relatively high noise levels during project development. Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. Facts in Support of Findings The following facts and mitigation measures indicate that although the construction -related noise impact has been reduced to the extent feasible, it cannot feasibly be mitigated to a level considered less than significant. With the exception of the No Development Alternative which assumes no development of the site, all of the project alternatives would result in short-term construction -related noise impacts. Although these noise levels would be substantially lessened for these alternatives including the preferred project through implementation of mitigation measures, these impacts would remain unavoidable. Further reductions in construction -related noise are not considered technologically feasible. The remaining unavoidable effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Mitigation Measures 1. Construction activities shall be limited to Monday to Saturday between the hours of 7:30 a.m. to 5:00 p.m. 2. Prior to issuance of grading permits, a construction traffic plan, equipment staging area, and construction employee parking area program shall be submitted by the applicant to the City for approval to ensure that construction noise impacts from these sources are kept to a minimum. 21 D. FINDINGS REGARDING ALTERNATIVES The City of Diamond Bar, having reviewed and considered the information in the final EIR, the appendices to the final EIR, and the administrative record, finds, pursuant to CEQA and the CEQA Guidelines, that (a) the final EIR considers a reasonable range of project alternatives; and (b) specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the project alternatives identified in the final EIR as well as other alternatives or mitigation measures which would reduce the following impacts below a level of significance: (1) landform modifications resulting in aesthetic impacts; (2) construction -related air quality emissions; (3) and construction -related noise. Facts In Support of Findings Overview of Standards for Determining a Reasonable Range of Alternatives Under CEQA Guidelines Section 15126(d)(1), CEQA mandates that EIRs examine feasible mitigation measures and feasible alternatives to a proposed project. A critical element of any EIR is the selection of alternatives that warrant detailed review in the document. CEQA Guidelines Section 15126(d) states that: "...the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." CEQA Guidelines Section 15126(d)(5) states that the "range of alternatives required in an EIR is governed by a 'rule of reason' that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project." In determining the scope of the alternatives analysis, and the reasonable range of the alternatives, the alternatives analyzed in the final EIR were framed by considering the project objectives and purposes identified for the project, as well as the significant impacts of the project. The final EIR includes five alternatives which were intended to eliminate or reduce one or more of the significant environmental effects noted above, four alternatives that were addressed in the draft EIR and one alternative brought forward by the project applicant in response to requests by the City of Diamond Bar Planning Commission and staff to reduce the footprint of grading associated with the preferred VTTM No. 52267 project. The range of alternatives considered presents a reasonable range of development choices, including no development on the project site (the "No Development Alternative"); development of the site under the existing General Plan such that development be confined to that portion of the VTTM No. 52267 site referred to as Lot 6 (the "No Project Alternative"); redesign of the site to reduce aesthetic/visual changes associated with site development (the "Refined Design Alternative"); a reduction in the number of dwelling units on the site through the elimination of ridgeline lots (the "Reduced Project Alternative"); and, a reduction in the number of dwelling units on the site through a redesign of the site plan to minimize grading outside of Lot 6 ("Alternative Development Plan"). Of these alternatives, the No Development Alternative would eliminate all of the significant impacts noted because no development would occur on the site. The No Project Alternative would lessen visible landform alteration because less landform grading would be permitted. However, it would still result in significant unavoidable visual impacts, as well as construction -related air quality and noise impacts. Although biological impacts associated with the project can be reduced to a less than significant level, the No Project Alternative would have fewer impacts to biological resources 22 because less grading would occur in areas containing significant resources. The Project Design Alternative would result in similar aesthetic impacts as the No Development Alternative except that some remedial grading would occur outside of Lot 6. Therefore, although visual impacts would be lessened when compared to the preferred project, these impacts would remain unavoidable. Construction-related air quality and noise impacts would also remain significant. Biological impacts would be reduced; but as with the preferred project, these impacts can be mitigated to a level that is considered less than significant. The Reduced Project Alternative's elimination of ridgeline lots would lessen landform (aestheticlvisual) and grading impacts when compared to the preferred project and project alternatives. Although lessened, the impact is considered unavoidable. Construction-related air quality and noise impacts would still occur. Biological resources impacts would be reduced; but as with the preferred project, these impacts can be fully mitigated. The Alternative Development Plan would result in changes in the grading footprint thereby decreasing the. amount of grading from 1.8 million cubic yards of cut and fill balanced on the site to approximately 1.4 million cubic yards of cut and fill balanced on the site. Because the development footprint is modified under this alternative, the aesthetic impacts associated with topographical changes are different; however, aesthetic impacts remain significant and unavoidable. Construction- related air quality and noise impacts would be lessened when compared to the preferred project, but would remain unavoidable. Biological impacts would be similar; as with the preferred project, these impacts can be mitigated to a level that is considered less than significant. The final EIR considered but rejected an alternative location for the project. The final EIR identified one location, the Tres Hermanos site, that could accommodate the project. The Tres Hermanos site is approximately 720 acres along the northeastern boundary of the City of Diamond Bar and is designated Planning Area 1 with a Specific Plan designation of PA-1 SP with a Agricultural land use designation. As currently designated, this alternative site could be developed with 144 dwelling units. Development on this site would be expected to have similar landform alterations and visual/aesthetic changes because of its visibility and hillside topography. Moreover, the property is owned by the City of Industry Redevelopment Agency and is not likely to be available for development in the time frame requested by the project applicant for the VTTM No. 52267 site. The apparent lack of substantial reduction of environmental impacts and the public agency ownership of the property resulted in the rejection of this alternative from consideration as a viable alternative to reducing expected environmental impacts associated with the project. A second alternative was rejected from further consideration in the final EIR. This alternative was considered to attempt to further reduce visual impacts associated with large fill slopes along the northern and southern edges of the development area of the site. Elimination of these two fill areas would result in a reduction of 54 residential lots (76 residential lots would be retained). However, to accomplish this alternative, approximately 1.4 million cubic yards of dirt would have to be exported from the site. This would require approximately 58,000 truckloads of export, a significant traffic impact not associated with the project. Significant air quality and noise impacts would still occur. Infeasibility and Comparison of Environmental Effects of Project Alternatives The alternatives evaluated in the EIR and in this section are summarized below. Complete descriptions and analysis can be found in Section 5 of the EIR. No Development Altemative Under this alternative, no development would be permitted on the site. While this alternative would eliminate all significant and unavoidable environmental impacts associated with any development on the site, the City of Diamond Bar General Plan designates the site for residential development subject to environmental review and approval by the City. No Project Altemative—Under this alternative, the development allowed by the existing Diamond Bar General Plan would be implemented. The General Plan provides that a maximum of 130 dwelling 23 units could be constructed on the VTTM No. 52267. The City's General Plan states that no additional residential development beyond the 130 units can occur without specific "findings that the decision is of significant benefit to the City" (General Plan Land Use Element, Strategy 1.5.3). The remainder of Planning Area 2 would be retained in public open space. This alternative would have fewer impacts to biological resources and less visible landform alteration than the project. However, it would still result in significant impacts to views from ridgetop development. Project Design Refinement Altemative—Under this alternative, development of the VTTM No. 52267 site would be reconfigured to reduce the aesthetics/visual impacts. To achieve this impact reduction, the project grading plans would incorporate techniques that would ensure that project development would be less visible from adjacent areas. The design refinement is a variation of the No Project Alternative: 107 single-family residential units would be constructed within the boundaries of Lot 6, a reduction of 23 units in comparison with the project. Under this alternative, the average lot size would be approximately 6,000 square feet with a minimum pad size of 5,000 square feet. Homes constructed on these lots would range between 2,500 to 2,800 square feet. This alternative would eliminate lots; however, homes would still be located in areas along the northern and southern ridgelines that are visible from adjacent neighborhoods. The resulting lot configuration is caused largely by the extension of the access road from Diamond Bar Boulevard eastward to connect with Highcrest Drive. Under this alternative, this road would have a 10 to 12 percent grade between Diamond Bar Boulevard and the existing terminus of Highcrest Drive. Reduced Project Alternative—Under this alternative, the 130 dwelling units assumed for the site would be reduced by approximately 20 percent to eliminate the ridgeline lots that would be most visible from adjacent areas. A total of 104 dwelling units would be developed. This alternative, although resulting in fewer impacts to biological resources and less visible landform alteration than the project, would still result in impacts to biological resources and views from ridgetop development. As with the project, biological impacts can be mitigated to a level that is considered less than significant. Aesthetic impacts would remain significant and unavoidable. Alternative Development Plan—Under this alternative, the 130 dwelling units assumed for the site would be reduced to 120 units to allow for a reduction of grading, particularly outside of the boundaries of Lot 6. It is anticipated that a further reduction in dwelling units (by nine units to 111 units) would be required to accommodate a water tank for the Walnut Valley Water District. Increased visibility of the project from Diamond Bar Boulevard would occur. This alternative, although resulting in less grading, would still result in significant impacts to biological resources, as well as traffic, air quality, noise, and aesthetic impacts. As with the preferred project, biological impacts can be mitigated to a level that is considered less than significant. Because less grading activities would occur associated with this alternative, construction air quality emissions would be reduced but would remain unavoidable. Construction -related noise impacts may affect fewer existing residences because of the reconfiguration of the site plan; however, these noise impacts would remain unavoidable. Aesthetic impacts would remain significant and unavoidable. E. STATEMENT OF OVERRIDING CONSIDERATIONS The City of Diamond Bar, having reviewed and considered the information contained in the final EIR, the appendices to the final EIR, and the administrative record, finds, pursuant to CEQA and the CEQA Guidelines, that specific overriding economic, legal, social, technological, or other benefits 24 of the project outweigh any and all significant effects that the project will have on the environment, and that on balance, the remaining significant effects for construction -related air quality and noise impacts and for visual/aesthetic impacts are found acceptable given these overriding considerations: Planning Context The economic character of Diamond Bar and its surroundings has changed dramatically over the past 10 to 20 years. The need for the project derives in part from projections of County growth in population, creating an increased demand for dwelling units. Project Objectives The project is intended to meet many applicant and City objectives as described in Section 2.7 of the EIR, which are restated below: Applicant Objectives The applicant has incorporated the following objectives into the project: • Create a strong residential community to ensure that land values remain stable • Develop a community that is visually attractive and effectively organized • Develop a new residential housing that is compatible with the existing surrounding neighborhoods • Provide a planned community that complements the existing development within the City of Diamond Bar • Maintain a pattern of development that meets the needs of Diamond Bar • Cluster development to minimize the potential impact on adjacent properties and environmental resources • Provide more open space than is typically available in nearby developments • Encourage the enhancement of slopes and open space • Provide public amenities including water, sewer, storm drain, and utilities with the capacities to service the level of development proposed • Enhance the physical and visual image of the community • Enhance and maintain the suburban/rural identity of the community • Maintain an environment that contributes to and enhances the quality of life • Establish a development which is compatible with scenic and natural resources and which also encourage environmental preservation • Identify and encourage the preservation of viable open space in the City and the surrounding area 25 City of Diamond Bar Objectives The City of Diamond Bar's objectives for the project are those goals from the General Plan Land Use Element which are applicable to the project. They are as follows: Goal 1 Consistent with the Vision Statement, maintain a mix of land uses which enhances the quality of life of Diamond Bar residents, providing a balance of development and preservation of significant open space areas to assure both economic viability and retention of distinctive natural features of the community. Goal 2 Consistent with the Vision Statement, manage land use with respect to the location, density and intensity, and quality of development. Maintain consistency with the capabilities of the City and special districts to provide essential services which achieve sustainable use of environmental and manmade resources. Goal 3 Consistent with the Vision Statement, maintain recognition within Diamond Bar and the surrounding region as being a community with a well planned and aesthetically pleasing physical environment. Goal Consistent with the Vision Statement, encourage long-term and regional perspectives in local and land use decisions, but not at the expense of the Quality of Life for Diamond Bar residents. Proiect Benefits Dedication of Property Approximately 264.3 acres portions of Lots 4, 5, and 7 of Tract No. 31479 plus all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract No. 42576 (approximately 86.0 acres) would be dedicated to the City of Diamond Bar and set aside as public open space as part of Planning Area 2. In addition, a 10.0 acre portion of Lot 4 of Tract No. 31479 adjacent to Summit Ridge Park will be dedicated to the City as public park land. Employment Opportunities—The project will create construction jobs, including opportunities for highly trained workers. Infrastructure Improvement—All utilities for the proposed project will be underground. The following improvements would be required and implemented as part of the project: • Extend an eight -inch sewer line from the site across Diamond Bar Boulevard into Tin drive and down Bridle Drive approximately 330 feet and connect to an existing sewer line. • Extend a 14 -inch water service line from the site into Diamond Bar Boulevard and connect to an existing water line. • Extend a 48 -inch storm drain from the site approximately 450 feet to the south of Tin Drive along Diamond Bar Boulevard to connect with an existing drainage basin. • In addition, paved parkways and medians located at Gold Rush and Diamond Bar Boulevard and Tin Drive and Diamond Bar Boulevard shall be replaced with landscaping, and a pastoral, landscaped area shall be created on the comer of Gold Rush and Diamond Bar Boulevard with a value of $270,000. 26 Circulation Opportunities—The project is providing the City with a left -turn pocket at Diamond Bar Boulevard for southbound traffic turning left into the project site and a tum signal at Tin Drive/Diamond Bar Boulevard. Park Funds—The applicant is contributing funds (in an amount to be determined between the City of Diamond Bar and applicant) to the City of Diamond Bar Parks and Acquisition Fund. Significant Benefit Fees The applicant is depositing to the City of Diamond Bar Parks and Facilities Development Fund the sum of $1,200,000. R AProjects1D6ar1Findin9s-100198 27 N .. .'B i -c' C MITIGATION MONITORING PROGRAM VESTING TENTATIVE TRACT MAP NO. 52267 EIR SCH NO. 97031005 Prepared for: City of Diamond Bar Community Development Department 21660 E. Copley Drive, Suite 190 Diamond Bar, California 917634177 Contact: James DeStefano, Deputy City Manager Prepared by: BonTerra Consulting 20321 Birch Street, Suite 201 Newport Beach, California 92660 (714) 475-9520 Contact: Thomas E. Smith, Jr., AICP, Principal Dana C. 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LT IS E� O N N C 3 S( 0 U C N •O �.~ O > O >o C •' l0 O R 41 C .t_' R U Q.- 4) C N N O O '10o � > O w •C L N U ° f R o E v m Eoa E•Q� ��O°�taU. o I Oj N o Lm >0 %r $►.•':-.. h L L C / O N�N �dcio� a € �c 0 R p md .mLR�M le yU LN C1 O° C elR N aYOEc L IC C i Im .8 m CL a o E c � �,�}-C o Ea mOVRe O C eN a — o z 0 0. R E g}�s. E CLO C) .0R., N O N O O R N O_OL i5 OC C C N O l0 E O �C° NE 0C L�CN " •N= y N ?C + pN � l O _Lm C a4)4)1 �z C RS��`l9' '= E LL lL l > EELI 0 N o Cl0- R R LOorn Q R R Z N a lQ IL od ai O M s g 3 INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council Members FROM: Terrence L. Belanger, City Manager SUBJECT: First and Second Quarter Reports - Sheriffs Department DATE: October 1, 1998 An oral presentation will be given by Captain Richard Martinez outlining the attached First and Second Quarter Reports. nbw attachments DIAMOND BAR SECOND QUARTER REPORT 1998 The following is a statistical breakdown of the areas of interest for the City Council. The percentage comparisons are drawn between the second quarter this year versus the same period in 1997. PART 1 CRIME: 16% decrease. See Attachment "A" ARRESTS: 40 % increase in arrests from 137 same quarter 1997 to 228 this quarter. See Attachment "B" ACTIVITY: I% and 10% decrease in routine and emergent (911) calls for service respectively. See Attachment "B" RESPONSE TIME: Emergent calls - 4.4 minutes, Priority calls - 7.4 minutes, Routine calls - 19.7 minutes. TRAFFIC: 16% increase in hazardous cites. 6% decrease in traffic accidents. See attachment "C" GANG RELATED CRIME: 19% decrease in crime (9 vs 11) in gang related crimes investigated by Safe Streets Bureau. See attachment "D" CITIZEN COMPLAINTS: Eighteen personnel complaints were logged against sworn personnel. The complaints included traffic citations, improper detention and / or tactics. Sixteen complaints were unfounded, one was unresolved and one was founded. Complaints increased by one in reference to the same quarter in 1997. CITY OF DIAMOND BAR SECOND QUARTER From April 1, 1998 until .June 30, 1998 Research showed a 16 percent decrease in the total number of Part 1 Offenses for the second quarter of 1998, when compared with the second quarter of 1997. Please refer to Figure 1. During the second quarter of 1997. the total number of Part I Offenses was 386. The total for the second quarter of 1998 was 323. PART I OFFENSES: ♦ Homicide - Our records show that the number of incidents decreased from one to zero during this quarter. ♦ Rape - During this quarter we recorded one victim of rape while we logged three during the second quarter of 1997. ♦ Robbery - We recorded a 35 percent decrease in the number of reported robberies in 1998 when compared with 1997. Twenty incidents occurred in 1997, while our records showed thirteen incidents in 1998. 400 350 300 250 200 z 150 100 50 0 City of Diamond Bar Totals Year M 1997 J 1998 ♦ Aggravated Assaults - In the second quarter Figure 1 - Total Part I Offenses of 1998, the number of aggravated assaults decreased by 52 percent. We logged sixty incidents in 1997 while twenty-nine occurred during this quarter. ♦ Burglary - During the second quarter of 1998, the number of reported burglaries decreased 12 percent compared with the second quarter of 1997. In 1997, we reported 91 burglaries while 80 occurred in 1998. ♦ Larceny Theft - The number of larceny theft incidents increased by two. The number of incidents went from 155 to 157 during this quarter. ♦ Grand Theft Vehicle - Research showed a 24 percent decrease in the number of grand theft vehicle incidents during the second quarter. Forty-two incidents occurred during this quarter while we logged 55 incidents in 1997. r ♦ Arson - During the second quarter of 1998 the number of incidents remained stable at one. OTHER OFFENSES: ♦ Narcotics - During the second quarter, the number of incidents increased from seventeen to thirty-two. ♦ Felonies Miscellaneous - The number of incidents decreased from fifteen to ten. ♦ Felony Sex Crimes - In the second quarter of 1998, the number of incidents decreased from five to one. ♦ Misdemeanor Sex Crimes - We reported one incident during the second quarter of 1997 while three occurred in 1998. ♦ Vandalism - Our records showed 75 incidents occurred during the second quarter of 1997 and 69 in 1998; an 8 percent decrease. Prepared by the Crime Analcsis Unit - July 30, 1998 1N1:\98Q2T292.WPD LOS ANGELES COUNTY SHERIFF'S DEPARTMENT WALNUT REGIONAL STATION 'CRIME STATISTICS - CITY OF DIAMOND BAR TEAM - 292 - QUARTERLY REPORT PART I OFFENSES QUARTER QUARTER APR - JUNE 98 APR - JUNE 97 HOMICIDE 0 1 RAPE 1 3 ROBBERY 13 20 AGGRAVATED ASSAULTS 29 60 BURGLARY 80 91 LARCENY THEFT 157 155 GRAND THEFT VEHICLE 42 55 ARSON 1 1 TOTAL 323 386 Percent Change -16.3% OTHER OFFENSES NARCOTICS 32 17 FELONIES MISCELLANEOUS (kidnapping +) 10 15 [Ul U At 1 5 ES CR IM 3 I' HE Z VANDALISM 69 75 'BUREAU OF CRIMINAL STATISTICS DATA USED, NOT THE C -CAP STATISTICS 17 -SEP -98 09:47 RESIONAL ALLOCATION OF POLICE SERICES OPS$MSHARVIN STATION DETAIL V1.0 Station WAL From 01--APR-98 To 30 -JUN -98 Shift Pat 02 RD Unit GTC ----- Calls ------ Service -lst-Rsp-Time- Reg 911 Total Obs Det Ast Arr Minutes Emer Pri Rout Totals 2865 604 3469 6584 1 3155 228 676998 4.4 7.4 19.7 01 -APR -98 17 5 22 74 0 16 2 7585 8.0 5.0 17.2 02 -APR -98 31 11 42 65 0 39 5 7574 7.6 19.0 03 -APR -98 27 3 30 69 0 19 5 7647 6.0 17.6 04 -APR -98 29 6 35 46 0 27 5727 7.5 19.0 05 -APR -98 30 -i 37 37 0 38 2 5361 7.0 7.0 27.3 06 -APR -98 42 4 46 72 C 29 - 7831 6.3 18.4 07 -APR -98 30 37 77 C 24 3 8580 3.0 3.7 17.7 08 -APR -98 48 6 54 86 0 35 2 8432 8.1 22.5 09 -APR -98 21 8 29 76 0 23 4 7567 5.8 28.9 10 -APR -98 27 5 32 72 C 23 6 7850 5.3 14.9 11 -APR -98 22 4 26 63 0 25 2 5610 5.0 6.8 14.7 12 -APR -98 24 2 26 51 0 23 3 4987 5.1 14.1 Query Started at: 17 -SEP -98 C9:42:33 Completed at: 17 -SEP -98 09:47:16 Count: *0 v <Replace> ` 17 -SEP -98 09:32 REGIONAL ALLOCATION STATION OF POLICE DETAIL SERICES OPS$MSHARVIN V1.0 Station WAL From 01 -APR -97 To 30 -JUN -97 Shift Pat 02 RD Ur.it GTC Totals ----- Reg 2870 Calls 911 664 ------ Total 3534 Obs Det 5892 3 Ast 3151 Arr 137 rvice Minutes 673913 Emer-RPr, Rout 4.3 7.4 18.4 O1 -APR -97 02 -APR -97 03 -APR -97 04 -APR -97 05 -APR -97 06 -APR -97 07 -APR -97 08 -APR -97 09 -APR -97 10 -APR -97 11 -APR -97 12 -APR -97 37 21 3C 36 i9 2C 29 29 37 31 36 5 8 1C, 5 6 - 6 7 7 11 8 42 95 40 41 25 2' 35 36 44 42 44 72 6; 51 38 53 71 71 74 84 77 39 3 0 0 0 0 0 0 0 C' 0 C 0 35 41 27 33 32 23 27 40 39 35 39 31 2 1 2 0 0 2 2 3 4 2 2 8287 9418 8027 6600 5570 5693 6872 8309 8557 10007 8559 5_ 97/ 4.0 4.0 8.0 3.0 6.0 3.7 3.0 1.0 9.8 5.7 8.9 6.0 8.8 5.7 10.6 3.8 5.319.0 6.4 7.5 4. 7 18.6 18.7 16.0 19.2 14.4 15.0 22.1 16.8 24.7 21.8 --1.8 Query Startea at: 17 -SEP -98 09:23:16 Completed at: 17 -SEP -98 09:32:53 Count: *0 <Replace> WALNUT SHERIFF'S STATION TRAFFIC STATISTICS COLLISIONS FATAL INJURY NON -INJURY TOTAL CITATIONS RADAR HAZARDOUS NON HAZ. PARKERS TOTAL CITES DUI ARRESTS MONTH DIAMOND BAR 1998 1997 `o ENFORCEMENT INDEX = HAZ. CITES _ INJ. COLLISIONS �� 1P) /304 IC2- ly7 / 7 ENFORCEMENT INDEX = HAZ. CITES _ INJ. COLLISIONS �� 1P) /304 22(-1 / 7 2� 2 21 3 �� l3 2 fi 6z ENFORCEMENT INDEX = HAZ. CITES _ INJ. COLLISIONS �� 1P) LOS ANGELES COUNTY SHERIFF'S DEPARTMENT MONTHLY TRAFFIC COLLISION REPORT DIAMOND BAR 04/01/98 TO 06/30/98 DATE: 09/21/98 COLLISIONS TOTAL NON -INJURY & PRIVATE PROP COLLISION REPORTS ............. 109 TOTAL INJURY & FATAL COLLISIONS ............................... 38 TOTAL COLLISIONS (INJURY+NON-INJURY`........................... 147 DUI COLLISIONS NUMBER OF DUI COLLISIONS WITH FATALITIES ...................... 0 NUMBER OF DUI COLLISIONS WITH INJURIES ........................ 1 NUMBER OF DUI COLLISIONS INVOLVING PROPERTY DAMAGE............ 1 TOTAL NUMBER OF DUI COLLISION DEATHS .......................... 0 TOTAL NUMBER OF DUI COLLISION INJURIES ........................ 2 TOTAL NUMBER OF DUI COLLISION ARRESTS ......................... 2 TOTAL NUMBER OF DUI ARRESTS (BASED ON CITATIONS ISSUED)....... 13 NON -DUI COLLISIONS ------------------ NUMBER OF NON -DUI COLLISIONS WITH FATALITIES .................. 0 NUMBER OF NON -DUI COLLISIONS WITH INJURIES .................... 37 NUMBER OF NON -DUI COLLISIONS INVOLVING PROPERTY DAMAGE........ 108 TOTAL NUMBER OF NON -DUI COLLISION DEATHS ...................... 0 TOTAL NUMBER OF NON -DUI COLLISION INJURIES .................... 58 VEHICLE/PEDESTRIAN COLLISIONS ----------------------------- NUMBER OF VEHICLE/PEDESTRIAN COLLISIONS WITH FATALITIES....... 0 NUMBER OF VEHICLE/PEDESTRIAN COLLISIONS WITH INJURIES......... 2 TOTAL NUMBER OF PEDESTRIAN FATALITIES ......................... 0 TOTAL NUMBER OF PEDESTRIAN INJURIES ........................... 2 VEHICLE/BICYCLE COLLISIONS -------------------------- NUMBER OF VEHICLE/BICYCLE COLLISIONS WITH FATALITIES.......... 0 NUMBER OF VEHICLE/BICYCLE COLLISIONS WITH INJURIES............ 1 TOTAL NUMBER OF VEHICLE/BICYCLE COLLISION FATALITIES.......... 0 TOTAL NUMBER OF VEHICLE/BICYCLE COLLISION INJURIES............ 1 PAGE 2 HIT & RUN COLLISIONS -------------------- TOTAL NUMBER OF HIT AND RUN FATALITIES ........................ 0 TOTAL NUMBER OF HIT AND RUN INJURIES .......................... 2 TOTAL NUMBER OF PDO HIT & RUN COLLISIONS ...................... 7 TRAFFIC CITATIONS ----------------- TOTAL NUMBER OF RADAR CITATIONS ISSUED ........................ 1456 TOTAL NUMBER OF BICYCLE CITATIONS ISSUED ...................... 3 TOTAL NUMBER OF PEDESTRIAN CITATIONS ISSUED ................... 0 TOTAL NUMBER OF SAFETY BELT VIOLATIONS ........................ 35 TOTAL NUMBER OF FINANCIAL RESPONSIBILITY CITATIONS............ 98 TOTAL NUMBER OF CHILD RESTRAINT CITATIONS ISSUED .............. 5 TOTAL NUMBER OF HAZARDOUS CITATIONS ISSUED .................... 1992 TOTAL NUMBER OF NON -HAZARDOUS CITATIONS ISSUED ................ 224 TOTAL NUMBER OF CITATIONS ISSUED ............................. 2216 PARKING CITATIONS ----------------- TOTAL NUMBER OF PARKING CITATIONS ISSUED ...................... 330 MISCELLANEOUS ------------- CHILD IN PASSENGER SEAT OR BELTS,NUMBER OF FATALITIES......... 0 CHILD IN PASSENGER SEAT OR BELTS,NUMBER OF INJURIES........... 0 CHILD NOT IN PASSENGER SEAT OR BELTS,NUMBER OF FATALITIES..... 0 CHILD NOT IN PASSENGER SEAT OR BELTS,NUMBER OF INJURIES....... 0 NUMBER OF CODE 3 OR PURSUIT COLLISION FATALITIES .............. 0 NUMBER OF CODE 3 OR PURSUIT COLLISION INJURIES ................ 0 NUMBER OF PATROL VEHICLE, REAREND COLLISIONS WITH AMBER ON.... 0 TOTAL NUMBER OF HAZ-MAT SPILLS ................................ 0 -------------------------------------------------------------------------- ENFORCEMENT INDEX ............................................ 52.8 -------------------------------------------------------------------------- PAGE 2 HIT & RUN COLLISIONS -------------------- TOTAL NUMBER OF HIT AND RUN FATALITIES ........................ 0 TOTAL NUMBER OF HIT AND RUN INJURIES .......................... 2 TOTAL NUMBER OF PDO HIT & RUN COLLISIONS ...................... 5 TRAFFIC CITATIONS ----------------- TOTAL NUMBER OF RADAR CITATIONS ISSUED ........................ 1308 TOTAL NUMBER OF BICYCLE CITATIONS ISSUED ...................... 1 TOTAL NUMBER OF PEDESTRIAN CITATIONS ISSUED ................... 20 TOTAL NUMBER OF SAFETY BELT VIOLATIONS ........................ 99 TOTAL NUMBER OF FINANCIAL RESPONSIBILITY CITATIONS............ 144 TOTAL NUMBER OF CHILD RESTRAINT CITATIONS ISSUED .............. 2 TOTAL NUMBER OF HAZARDOUS CITATIONS ISSUED .................... 1706 TOTAL NUMBER OF NON -HAZARDOUS CITATIONS ISSUED ................ 177 TOTAL NUMBER OF CITATIONS ISSUED ............................. 1883 PARKING CITATIONS ----------------- TOTAL NUMBER OF PARKING CITATIONS ISSUED ...................... 371 MISCELLANEOUS ------------- CHILD IN PASSENGER SEAT OR BELTS,NUMBER OF FATALITIES......... 0 CHILD IN PASSENGER SEAT OR BELTS,NUMBER OF INJURIES........... 0 CHILD NOT IN PASSENGER SEAT OR BELTS,NUMBER OF FATALITIES..... 0 CHILD NOT IN PASSENGER SEAT OR BELTS,NUMBER OF INJURIES....... 0 NUMBER OF CODE 3 OR PURSUIT COLLISION FATALITIES .............. 0 NUMBER OF CODE 3 OR PURSUIT COLLISION INJURIES ................ 0 NUMBER OF PATROL VEHICLE, REAREND COLLISIONS WITH AMBER ON.... 1 TOTAL NUMBER OF HAZ-MAT SPILLS ................................ 0 -------------------------------------------------------------------------- ENFORCEMENT INDEX ............................................ 43.9 -------------------------------------------------------------------------- City of Diamond Bar Gang Incidents Investigated by O.S.S. for the Second Quarter of 1998 The following is a list of Gang cases investigated by your Station OSS Team which occurred in the City of Diamond Bar between April 1, 1998 to June 30, 1998. The type of crimes and total number of investigations are compared to the City of Diamond Bar statistics for 1997 and the 1998 statistics of adjoining cities and/or areas which are also investigated by members of the Walnut Station OSS Team. CITY: Diamond Bar `98 Assault: 2 Robbery: 1 Burglary: 2 Battery: 0 Misc.: 4 Diamond Bar `97 Walnut `98 Rowland Heights `98 0 7 7 1 2 4 2 0 0 2 0 0 6 33 24 Total: 9 11 42 35 Solved: 5 11 5 18 Percentage Solved 55% 100% 11% 51% As noted above, of the nine cases which occurred in the City of Diamond Bar and investigated by the O.S.S. Team, seven were solved by arrest and prosecution. Three of the Miscellaneous crimes included unsolved vandalisms. Prepared by: Detective Greg Thompson #196144 Walnut Station OSS Team, 05-27-98 Vandalisms: The City of Diamond Bar only experienced three gang related or initiated vandalisms. The three incidents took place at the south end of the City and were initiated by the "TRIGGER STREET" gang. Unfortunately, vandalisms are not as easy to solve as they once were. Gang members have been educated by the system and now delete their moniker, or add several of their close friend's monikers to conceal their identity. Significant Events: Date: 04-10-98, Crime: Robbery, 211 PC -498-05310-2924-287- The OSS team assisted Kern County Sheriff's Department with the service of a search and arrest warrant for Tino Simmons who had been implicated in several bank robberies in Kern County. No connections between Simmons and local bank robberies were made or suspected. Date: 04-16-98, Crime: Burglary, 459 PC- 498-05583-2928-074 Detective Walls, of the OSS team, investigated a case where "TRIGGER STREET" gang members committed a burglary where several guns were stolen. The OSS team was able to recover all of the stolen firearms. Date: 04-29-1998, Crime: Burglary, 459 PC -498 -05927 -2925 -383 - Detective Herron of the Station Detective Bureau, investigated a case where a "TRIGGER STREET" gang member committed a shop lifting/burglary of a local market. Prepared by: Detective Greg Thompson #196144 Walnut Station OSS Team, 05-27-98 Date: 05-03-98, Crime: Assault with force likely to cause great bodily injury. 245 PC- 498 -06530 -2924 -054 - Detective Walls of the OSS team investigated a beating to a Rowland Heights resident who was visiting a party in the City of Diamond Bar. Initially, the Victim, a suspected gang member, claimed that ten gang members beat him, then during the investigation he denied his prior statement. The Victim admitted he had broken his leg by accident, but was to embarrassed to admit it to friends. Date: 05-11-98, Crime: Fighting of School Property causing serious injury, 245 PC - 498 -06574 -2927 -151 - Detective Washington, of the OSS team, investigated a case where members of the "ASIAN MAFIA ASSASSINS" street gang fought members of the "WAH CHING" street gang on the campus of Diamond Bar High School. The subject/victims received cuts and bruises from the encounter. Date: 05-11-98, Crime: Witness Intimidation, 136 PC -498 -06245 -2928 -339 - Detective Walls investigated a case where a "TRIGGER STREET" gang member attempted to intimidate a witness to crime. Prepared by: Detective Greg Thompson # 196144 Walnut Station OSS Team, 05-27-98 CITY OF DIAMOND BAR SEMIANNUAL REVIEW From January 1, 1998 until June 30, 1998 Research showed a 12 percent decrease in the total number of Part I Offenses for the first six months of 1998, when compared with the first six months of 1997. Please refer to Figure 1. During the first six months of 1997, the total number of Part I Offenses was 721. The total for the first six months of 1998 was 635. PART I OFFENSES: ♦ Homicide - Our records show that the number of incidents decreased from two to zero during the first six months of the year. ♦ Rape - During first six months of 1998 we recorded one victim of rape while we logged five in 1997. ♦ Robbery - We recorded a 27 percent decrease in the number of reported robberies in 1998 when compared with 1997. Thirty-seven incidents occurred in 1997, while our records showed twenty-seven incidents in 1998. City of Diamond Bar Semiannual Review - Total Part I Offenses 800- 700 600 Z 500 400 Z 300 200 100 o' Totals Year ❑ 1997 ■ 1998 ♦ Aggravated Assaults - In the first six months Figure I - Tuftal Part I Offenses of 1998, the number of aggravated assaults decreased by 3l percent. We logged 99 incidents in 1997 while 68 occurred in 1998. ♦ Burglary - During the first six months of 1998, the number of reported burglaries decreased 11 percent compared with the first six months of 1997. In 1997, we reported 161 burglaries while 143 occurred in 1998. ♦ Larceny Theft - The number of larceny theft incidents decreased by 4 percent. The number of incidents went from 311 to 298 during this period. ♦ Grand Theft Vehicle - Research showed a 10 percent decrease in the number of grand theft vehicle incidents in 1998. During the first six months of this year we logged 94 incidents while 104 incidents occurred in 1997. ♦ Arson - During the first six months of 1998 the number of incidents increased from two to four. OTHER OFFENSES: ♦ Narcotics - During the first six months, the number of incidents increased from thirty-two to 75. ♦ Felonies Miscellaneous - The number of incidents decreased from thirty-four to twenty-one. ♦ Felony Sea Crimes - In the first six months of 1998, the number of incidents decreased from seven to two. ♦ Misdemeanor Seg Crimes - We reported four incidents during the first six months of 1997 while five occurred in 1998. ♦ Vandalism - Our records showed 150 incidents occurred during the first six months of 1997 and 118 in 1998; a 21 percent decrease. Prepared by the Crime Analysis Unit -August 11, 1998 M:\98SEMI\FIN6MT2.WPD AGENDA NO. 9.2 NO DOCUMENTATION AVAILABLE DIAMOND BAR FIRST QUARTER REPORT 1991 The following is a statistical breakdown of areas of ittticreat for City Council. The percentage comparisons are drawn between the first quarter of this year versus the same period in 1997. PART i PRIME 7% decrease. See Attachment A.Co � ARRESTS! 43% increase --166 vs. 94. -� AC-TIVffY• 5% and 12% decrease in routine and emergent (911) calls, respectively. 5% increase in hazardous citations. 20% decrease in injury accidents. See attachment B. 10% increase (10 vs. 9) in gang related crimes investigated by Safe Streets Bureau. See Attachment C. Eleven personnel cotnpiaittts were lodged against sworn personnel. The complaints included disputed traffic citations, discourtesy, and improper detention. All were deemed unfounded. CITY OF DIAMOND BAR FIRST QUARTER From Jaaoary, 1, 1998 until March 31, 1998 Research showed a 7 per at dememe in the foul number of Pert I Offenses for the first quarter of 1998. when compared with the fust quarter of 1997. Please refer to Figure 1. During the first quarter of 1997. the total number of Part 1 Offenses was 335. The total for the fit quarter of 1998 was 312. ♦ Homicide - Our records show that the number of incidents decreased from one to zero during the first of 1998. ♦ Rape - We reported two victims of rape during the first quarter of 1997. However, we did not record any victims during this quarter. ♦ Robbery - We recorded a 18 percent decrease in the number of repotted tobberies in 1999 when compared with 1997. Seventeen incidents occurred in 1997, while our records showed fourteen incidents in 1998. City of Diamond Bar Plrst ouarter -Total Part t Offenses 350 300 250 . � • •'�—'._�-'. • w p I.':.'.•.'. ��. iww 1150 Z 1 0 b•••r r'i 1• r • • SO 0 Totals V•sr 1987 :L 1 Oft ♦ Aggravated Asseeks - In the first quarter of F'igare 1 - Total Part I Offenses 1998, the number of aggravated assaults retrained stable. We logged thim-nine incidents during both quarters. ♦ Burglary - During the first quarter of 1998, the number of reported burglaries decreased 10 percent compared with the first quarter of 1997. in 1997, we reported 70 burglaries while 63 occurred in 1998. • Larceny Tbett - The number of larceny theft incidents decreased 10 percent during the first quarter of 1998 when compared with the first quarter of 1997. In 1997, our records showed 156 incidents while in 1998. 141 incidents occurred. ♦ Grand Theft Vehicle - Research showed a 6 percent increase in the number of grand theft vehicle incidents during the first quarter. We reported forty-nine incidents in 1997 while 52 incidents occurred in 1998. • Arson - During the first quarter of 1998 the number of incidents increased from one to three. QTHER OFFENSES: • Narcotics - During the first quarter, the number of incidents increased from fifteen to forty-three. • Felonies Miscellaowns - The number of incidents decreased from nineteen to eleven. ♦ Felony Sax Crimes - In the fast quarter of 1998. the number of incidents decreased from two to one. ♦ Misdemeanor Sex Crimes - We reported three incidents during the first quarter of 1997 while two occurred in 1998. ♦ Vaodalism - Our records showed 75 incidents occurred during the first quarter of 1997 and 49 in 1998; a 3 5 percent decrease. PreparM by the Crime Analysts Unit - May 29, 1998 AT"c4m E/1!T "A LOS ANGELES COUNTY SHMFF'S DEPARTMENT WALNUT REGIONAL STATION 'CRIME STATISTICS - CITY OF DIAMOND BAR TEAM - 202 PART 1 OFFENSES OWARM QUARTER JAN - MARCH " JAN - MARCH 97 HOMICIDE 0. 0 1 2 RAPE 14 17 ROBBERY 39 39 AGGRAVATED ASSAULTS 63 70 BURGLARY 141 158 LARCENY THEFT 52 49 GRAND THEFT VEHICLE 3 1 ARSON TOTAL 312 3W Pemont Change 4.9% OTHER OFFENSES NARCOTICS 43 15 19 FELONIES MISCELLANEOUS (W&m p)" *) 11 2 FELONY SEX CRIMES 1 3 MISD. SEX CRIMES 2 75 VANDALISM 49 'BUREAU OF CRIMINAL STATISTICS DATA USED, NOT THE C -CAP STATISTICS Los Angeles County Sheriffs Department City Of DIAMOWD BAR Traffic Activity Summary Month of: January A41flie Year: 1998 TRAFFIC CITATION SUMMARY -------------------------------------------------------------------------------- 1. SPEED CITATIONS ............................. THIS- LAST THIS LAST 2. OTHER HAZARDOUS CITATIONS ................... YRAR YEAR Y/T/D Y/T/D -------------------------------------------------------------------------------- 1. FATAL COLLISIONS ............................ 0 0 0 0 2. PERSONS KILLED .............................. 0 0 0 0 3. PEDESTRIANS KILLED.......................... 0 0 0 0 4. INJURY COLLISIONS ........................... 45 55 45 55 S. PERSONS INJURED. ......................... 71 89 71 89 6. PEDESTRAINS INJURED ......................... 2 5 2 5 7. BICYCLE COLLISIONS. ......................... 1 3 1 3 S. BICYCLE INJURIES ............................ 1 3 1 3 9. MOTORCYCLE COLLISIONS. ........ .. .... 0 3 0 3 10. PROPERTY DAMAGE ONLY REPORTS (No Injury).... 102 101 102 101 11, COLLISIONS CAUSED BY DRUNK DRIVING.......... 4 3 4 3 12. TOTAL REPORTED COLLISIONS ................... 179 176 179 176 13. -------------------------------------------------------------------------------- DRUNK DRIVING ARRESTS (Citations issued).... 9 6 9 6 TRAFFIC CITATION SUMMARY -------------------------------------------------------------------------------- 1. SPEED CITATIONS ............................. 1338 1476 1338 1476 2. OTHER HAZARDOUS CITATIONS ................... 314 305 314 305 3. NON -HAZARDOUS CITATIONS ..................... 169 124 169 124 4. TOTAL CITATIONS ISSUED....................... 182? 1905 1821 1905 5. -------------------------------------------------------------------------------- PARKING CITATIONS ISSUED .................... 259 333 259 333 ENFORCEMENT INDEX: 36.7 32.41 /9p 2( +'t 0,o 1?ai✓r r d, City of Diamond Bar Gang Incidents Investigated By O.S.S. for the of First Quarter of 1998 The following is a list of Gang cases investigated by the Walnut Station OSS Team which occurred in the City of Diamond Bar between January 1, 1998 to March 31, 1999. The type of crimes and total number of investigations are compared to the City of Diamond Bar statistics for 1997 and the 1998 statistics of adjoining cities and or areas which are also investigated by members of the Walnut Station OSS Team. CITY: Diamond Bar'98 Diamond Bar '97 Walnut '98 Rowland Heights `98 Assault: 2 3 9 9 Robbery: 3 0 1 0 Burglary: 0 1 2 1 Battery: 1 1 1 0 Misc.: 4 5 11 7 Total: 10 9 24 17 Solved: 7 5 19 16 Percentage Solved 70% 62% 79% 'S4% As noted above, of the ten cases which occurred in the City of Diamond Bar and investigated by the Walnut O.S.S. Team, seven were solved by arrest and prosecution. Prepared by: Detective Greg Thompson *1%144 Walnut Station OSS Tam. 03-27-98 4myc#�wewr ,,c N Significant Events: On 01-12-98 a Car Jacking, 215 PC, occurred in the southern portion of Diamond Bar. The car was recovered in a remote area of Riverside County. The suspects were never identified nor was it substantiated the suspects were in fact gang members_ On 03-08-98 a Strong Arm Robbery, 211 PC, occurred in the central portion of Diamond Bar. The Subjects were identified as. "Trigger Street" gang members and arrested. The case is currently pending adjudication_ On 03-27-98 a Residential Robbery, 211 PC, occurred in the western portion of Diamond Bar. The Suspects were identified as members of an Orange County street gang of Vietnamese decent. The case is still under investigation. The two Felony Assaults reported for 1998 were gang member verse gang member and the victims received minor injuries. Neither of the cases were prosecuted due to the lack of cooperation by the victims. The "Honor Role Mafia" case actually occurred in December of 1997 and only came to light in January of 1998, and thus was not reported in this statistical period. i- ?- preparod by: Detgetm GreS Thompson a 196144 Walnut Station OSS Team. 03-27-99 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS SEPTEMBER 15, 1998 ,T 1. CALL TO ORDER: Chair/Huff called the meeting to order at 8:45 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. 2. 3. 4. 5. 6. 7. ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice Chairman/ Ansari, Chairman/Huff. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, Agency Secretary. PUBLIC COMMENTS: None CONSENT CALENDAR: AM/Herrera moved, VC/Ansari seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Ansari, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of September 1, 1998 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated September 15, 1998 in the amount of $6,790.03. PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: None ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 8:47 p.m. LYNDA BURGESS Agency Secretary ATTEST: Chairman DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Huff andBoardof Directors FROM:' Linda G. MagnusorO;'Asst. Finance Director SUBJECT: Voucher Register, October 6, 1998 DATE: September 30, 1998 Attached is the Voucher Register dated October 6, 1998 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. DIAMOND BAR. REDEVELOPMENT AGENCY VOUCHER REGISTER APPROVAL The attached listing of vouchers dated October 6, 1998 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION 610 REDEVEMPMENT AGENCY FUND REPORT POR ALL FUNDS APPROVED BY: L . "a t 0 ; X --- --- Executive Djrecto PREPAID '00 Robert S. Huff Chairman Eileen R. Anse-:!, Vice Chairman VOUCHERS 25,883.10 25,883.10 TOTAL 25,883.10 25,883.10 RUN DATE. V9/3*/1998- 17;20:22 VOUCHER R GlSTBR PAG[: I jjl.- TH-J� PREPAID FUND/SECT-ACCT'PR8J[CT-ACC pO � I��lE D�S R[cT[Cm AMOUNT DATE CHECK INC'-' ��lN[ERS, INC. 61V7110'4 64|L-R0598'It 6411 2242: L[M2 AVE IMPV'��| SVCS 3.312.1V 6107110-46411'R0498-4o411 22426 6L SP lMPRY'JULY SVCS 10,��.5O 7r7lLPr,E�l� .� T0 VOUCHERS 13,54-�.60 TOTAL OU� VEND[1- �3,545.6V ROSE!Na�SPEY"'EKC,��I� �1S7110-440"VV'' 733� �� CONS�_� S�C6-�UGUST 6'337.5O T�TAL PREPAIDS .O0 TCT�L VOUCHERS 6.3�7.5; TOTAL JIU-- VEN 6.337.50 URBAN DESIGN STUDIOS 6107\\0'44VVV-' JUNE PROF SVCS-lMAGlNG 6.VVV.VO TOTAL PFl, [PAIDS .VV TOTAL VOUCHERS 6,000.00 TOTAL DUE VENDOR 6`VV0.VO REPORT TOTAL PREPAIDS ,00 REPORT TOTAL VOUCHERS 25,8K.10 REPORT TOTAL � 25,��.�0 �_-' STUDY SESSION: 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 98-54 Next Ordinance No. 04(1998) 4:00 p.m., AQMD Room CC - 8 Joint Meeting with Parks & Recreation Commission 6:30 p.m., October 6, 1998 Mayor Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaiming October 5-9, 1998 as "Rideshare Week" 3.2 Proclaiming October, 1998 as "Crime Prevention Month." 3.3 Presentation of City Tile to Helen Delaney, Maple Hill Elementary School named "Teacher of the Year. o Rued �..Baotsr �Aqk a y School; Terry Shockley, Quaj.1 entar'- ; Sal $la1- Chapa Middle Sc die o h nte, Mid P.o_�.;.. and;'"----hris° Bu a :a -r- s�t3 r F h' 3cloal 3.4 Presentation of Certificate of Recognition to Harmony... ,0 ,' i for Scholastic Achievement 41�- 3.5 Presentation of Certificate of Recognition to Deputy _j r Lanning who arrested suspected rapist BUSINESS OF THE MONTH: 3.6 Presentation of City Tile to Mike Scott, President of Scott Engineering 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the OCTOBER 6, 1998 PAGE 2 Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary).. There is a five minute maximum time limit when addressing the City Council 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - October 8, 1998 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - October 13, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING AND STUDY SESSION WITH THE TRAFFIC AND TRANSPORTATION ,,�C..� SION - at 4:00 p.m., CC -8 - October 20, 1998 6:301 m., AQMD Auditorium, 21865 E. Copley Dr. 4 » , 5.4 TELECOMMUNICATIONS TASK FORCE COMMITTEE - October 7, 1998 - 6:30 p.m., AQMD CC -2, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Study Session of September 15, 1998 - Approve as submitted. 6.1.2 Regular Meeting of September 15, 1998 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.2.1 Regular Meeting of July 9, 1998 - Receive and File. 6.2.2 Regular Meeting of August 13, 1998 - Receive and File. Requested by: Public Works Division 6.3 PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of June 23, 1998 Receive and File. 6.3.2 Regular Meeting of July 14, 1998 - Receive and File. OCTOBER 6, 1998 PAGE 3 Requested by: Planning Division 6.4 PARKS & RECREATION COMMISSION MINUTES: 6.4.1 Regular Meeting of July 23, 1998 - Receive and File 6.4.2 Regular Meeting of August 27, 1998 - Receive and File. Requested by: City Services Division 6.5 VOUCHER REGISTER - Approve Voucher Register dated October 6, 1998 in the amount of Requested by: City Manager 6.6 TREASURER'S REPORT - August 1998 Recommended Action: Requested by: City Manager 6.7 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING EFFORTS TO MANDATE ALL NEWLY HIRED PUBLIC EMPLOYEES TO PARTICIPATE IN THE SOCIAL SECURITY PROGRAM - Continued from September 15, 1998. Recommended Action: Requested by: City Manager 6.8 AMENDMENT TO RECREATION CONTRACT WITH THE CITY OF BREA - Recommended Action: Requested by: Community Services Division 6.9 GRATIFICATION OF DECLARATION OF EMERGENCY ON MINNEQUA - Recommended Action: Requested by: City Manager 7. PUBLIC HEARING: 7:00p.m.,, .or as soon � ` thereafter as may be heard. None 8. OLD BUSINESS: �8.1 ENGINEERING SERVICES CONTRACT EXTENSION,; 8.1.1 SOILS 8.1.2 TRAFFIC ENGINEERING OCTOBER 6, 1998 PAGE 4 8.1.3 CIVIL ENGINEERING Requested by: Public Works Division 8.2 RESOLUTION NO. 98 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 52267, CONDITIONAL USE PERMIT NO. 98-03, OAK TREE PERMIT NO. 98-01 AND ENVIRONMENTAL IMPACT REPORT NO. 97-Q2 (SCH 97031005) - Recommended Action: Requested by: Planning Division 8.3 ORDINANCE NO. XO (1998): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR... DEVELOPMENT CODE - First Reading. Recommended Action: Requested by: Planning Division 9. NEW BUSINESS: 9.1 COPS FUNDING.: Recommended Action: Requested by: City Manager 9.2 PURCHASE OF 3 VEHICLES & BUDGET ADJUSTMENT - ' Recommended Action: Requested by: City Manager 9.3 DISCUSSION OF FIRST AND SECOND QUARTER A `TRAFFIC ENFORCEMENT STATISTICS - Recommended Action: Requested by: City Manager 9.4 SKATEBOARD PROHIBITION ORDINANCE - Recommended Action: Requested by: City Manager r Cl - 9.5 ( t . / i OCTOBER 6, 1998 PAGE 5 RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. RA 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Sneaker'R rara ArIA rrivc ;+- to +-He 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of September 15, 1998 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated October 6, 1998 in the amount of e ues ed b, Exe �cutive Director "c 4. ..4! X 4. PUBLIC HEARINGS: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBERS COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. OCTOBER 6, 1998 PAGE 6 12. ADJOURNMENT: CITY COUNCIL RESOLUTION NO. 98-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 52267, CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 97-2 (SCR NO. 97031005) AND APPROVING THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN, FOR A 141 LOT SUBDIVISION (130 SINGLE FAMILY HONES) GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE EXTENSION OF HIGHCREST DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Diamond Hills Ranch Partnership and applicant, SunCal Companies has filed an application for Vesting Tentative Map (VTTM) No. 52267 and certification of Environmental Impact Report (EIR) No. 97-2 (SCH NO. 97031005) in order to subdivide a 339.3 acre parcel into 141 lots for the eventual development of 130 detached single family homes. The project site is generally located east of Diamond Bar Boulevard, and north of Grand Avenue at the extension of Highcrest Drive, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: a Conditional Use Permit for development within an urban hillside management area (CUP No. 98-3), an Oak Tree Permit (OT No. 98-1) for the removal of oak trees, the removal of map restrictions upon a portion of Lot Nos. 5 and 7 of Tract No. 31479, and the dedication of property to the City as park land and open space collectively attached hereto as Exhibit "A" - subdivision map and mitigation landscape plan, Exhibit "B" - Findings of Fact and Statement of Overriding Considerations, Exhibit "C" - Mitigation Monitoring Program and Exhibit "D" - Environmental Impact Report No. 97-2 (SCH No. 97031005). Hereinafter in this Resolution, the referenced application requests are referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 1 3. On May 12, 1998 the Planning Commission concluded its review of the Application and adopted Resolution Nos. 98- 11 and 98-12 recommending City Council approval of the applicants proposed project. 4. On July 7, 1998 the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened and comments were received on the Application. The City Council conducted an additional duly noticed public hearing on August 18, 1998. On August 18, 1998 additional public testimony was received and the public hearing was closed. On September 1, 1998 the City Council proceeded with its review of the Application and continued the matter to September 15, 1998. On September 15, 1998 the City Council directed staff to prepare appropriate documents of approval for City Council consideration on October 6, 1998. 5. Notification of the City Council public hearing was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on June 12, 1998 and July 28, 1998. Approximately one thousand fifty five property owners within a minimum 500 foot radius of the project site were notified by mail on June 5, 1998 and July 25, 1998. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby determines that the project identified above in this Resolution required an Environmental Impact Report (EIR). EIR No. 97-2 (SCH NO. 97031005) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, the City Council has reviewed the EIR and related documents in reference to the Application. A Statement of Overriding Considerations has been prepared and is incorporated herein. 3. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The Application affects vacant land consisting of approximately 339.3 acres (Lots 4, 5, 6, and 7) of Tract No. 31479. In addition the project includes the dedication of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract 42576 to the City. (b) The project proposes to subdivide 65 acres of the 339.3 acre site into 141 lots for the development of 130 detached single family homes within a private, gated community; remove and replace oak and walnut trees; and remove map restrictions on portions of Lots 5 and 7 of Tract 31479. A portion of the balance of Lots 4, 5, and 7 of Tract No. 31479 (264.3 acres) and all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract 42576 (86.0 acres) is proposed to be dedicated as open space. The remainder of Lot 4 of Tract 31479 (10 acres adjacent to Summit Ridge Park) is proposed to be dedicated to the City as public park land. (c) The project site has a General Plan land use map designation of Planning Area 2/SP. The City Council has considered the Application finding that the proposed project is compatible with its adopted General Plan. on July 25, 1995 the City Council adopted the General Plan for the City of Diamond Bar. In its adoption of the General Plan the City Council clearly expressed its desire for specific plans for larger properties with multiple ownerships and mixed land use issues. Strategies 1.1.9 and 1.6.3 of the General Plan address the use of a specific plan overlay for large scale mixed use developments in areas where residential, commercial, recreational and other land uses may be permitted. The City Council discussion of Planning Area 2 focused on a single family residential development project to be generally located along the ridgeline. The type of development contemplated within Planning Area 2 was not in dispute. The Council expressed its understanding that the development would consist of a residential project largely in conformance with the previously approved Bramelea Memorandum of Understanding . Consistent with the General Plan, the application has minimized environmental impacts by clustering the 130 home development upon a 65 acre site preserving 360 acres of open space. The project site is zoned Residential Planned Development -Minimum Lot Size 20,000 Square Feet -2 Units Per Acre (RPD -20,000-2U). The City Council has interpreted its General Plan and concludes that, considering all of its aspects, the application is consistent with and implements the goals of the General Plan. (d) Generally, the following zones surround the project site: to the north and east is the RPD -20,000-2U Zone; to the south is the Single Family Residence - Minimum Lot Size 40,000 Square Feet (R-1-40,000) and the RPD -20,000-2U Zone; and to the west is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. Vesting Tentative Tract Map: (e) The proposed map is consistent with applicable general and specific plans as specified in Government Code Section 65451. The General Plan's land use designation for the project site is Planning Area 2. The General Plan describes Planning Area 2 as consisting of approximately 400 acres, allowing a maximum of 130 detached single family residential dwelling units concentrated along the anticipated extension of Highcrest Drive. Planning Area 2 requires a minimum of 75 percent of the total 400 acres be set aside as dedicated open space. Additionally, in order to minimize environmental impacts and maximize clustering, as conditioned, residential lots shall range from 6,000 to 10,000 square feet in size. The proposed map delineates 141 lots clustered along the anticipated extension of Highcrest Drive. The map identifies 130 lots for single family residential dwelling units. One lot is identified as the location for a water reservoir. The remaining ten lots are set aside as homeowners association maintained open space. The applicant has proposed residential lot sizes of 5,950 square feet to 26,560 square feet in size. The applicant has proposed an average lot size of 10,900 square feet. As conditioned, the proposed project will contain lot sizes ranging from 6,000 square feet in area to 10,000 square feet in area. The Application proposes to dedicate to the City 350.4 acres of land as open space and 10 acres of land as parkland. The applicant is dedicating over 85 percent of the land within Planning Area 2 as perpetual open space. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The proposed subdivision has been designed utilizing the standards and guidelines of the General Plan, Zoning and Subdivision Codes, Hillside Management Ordinance and a revegetation plan implemented through a Mitigation Monitoring Program (MMP) to ensure that the subdivision is in compliance the General Plan Land Use Element Strategy 1.2.3 (a), (b) and (c) and compatible with open space resources. This compatibility is due to the retention of the area's hillside character through landform grading; the dedication of approximately 360 acres as public open space. (g) The proposed project site is physically suitable to the type of development. As referenced in Finding 3. (e), the proposed map is in compliance with the maximum allowable development as envisioned by the General Plan and is consistent with the Zoning designation for the property. The EIR addresses the proposed map's suitability for the project site and rinds tnat with the incorporated mitigation measures that the proposed development is physically suitable for the project site. (h) The proposed project site is physically suitable for the proposed density of development. As referenced in Finding 3. (e) and (g), the proposed development's density is physically suitable for the project site. The proposed project consists of 130 single family residential dwelling units clustered upon a 65 acre portion of a 339.3 acre site. The balance of the site is proposed to be dedicated to the City. The proposed project is consistent with the density of existing development adjacent and proximate to the project site. (i) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Application required the preparation of an Environmental Impact Report which addresses the anticipated environmental impacts of the project and identifies measures to address or mitigate the identified impacts. As required within the Environmental Impact Report and its Mitigation Monitoring Program a Biological Resource Management Plan (BRMP) shall be prepared and approved prior to the issuance of a grading permit. The mitigation plan addressing potential impacts on streambed, wetlands, and riparian habitats shall be prepared by the applicant in conjunction with an application for U.S. Clean Water Act, Section 404 permit from the U.S. Army Corps of Engineers (USAGE) and State Fish and Game Code, Section 1603 Streambed Alteration Agreement with the California Department of Fish and Game (CDFG). In addition to the measures outlined within the EIR, through these agencies, requirements for the replacement of lost habitat values will be identified. Provisions to insure the long-term preservation of habitat values are identified, reviewed and approved by USACE and CDFG. These provisions will be implemented as soon as practical following completion of the project's grading. The MMP, with its five year monitoring period, Revegetation Landscape Plan, and the riparian habitat value replacement will ensure that the proposed development retain sufficient natural vegetation cover and/or open spaces to buffer critical resource areas from the proposed development. The applicant is dedicating approximately 360.4 acres of natural vacant land to the City for use as public open space. Therefore, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat. 5 (j) The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision's design or improvements are not likely to cause serious public health problems due to the following: (1) The proposed grading plan is consistent with the City's Hillside Management Ordinance and will be developed with the benefit of appropriate City permits and inspections; (2) Slope instability will not occur due to the introduction of project features like shear keys and buttress fills which have been incorporated into the project's grading design in accordance with the recommendations of the applicant's geotechnical engineer and the City's grading ordinance requirements for slope stability; (3) Engineered slopes on-site do not exceed 2:1 and meet the City's stability requirements. (4) No active faults are known to transect the project site or the immediate site vicinity. The probability of on-site surface rupture or deformation from an earthquake is considered very low. However, ground shaking hazards caused by earthquakes along active regional faults do exist. All structural improvements will be designed in accordance with the Uniform Building Code requirements applicable to geologic conditions at the project site; (5) The project site varies from an elevation of approximately 810 above sea level (msl) along the western boundary to approximately 1,150 msl at its eastern edge. Several natural drainages convey site runoff from the proposed develop- ment area and existing adjacent residential projects to culverts in Diamond Bar Boulevard. The balance of the 339.3 site will remain in its natural conditions. During the geotech- nical evaluation of the project site, no groundwater was encountered. Although the proposed project will alter the existing natural drainage patterns on-site, drainage will be conveyed by on-site storm drain systems to existing natural drainage courses, which then drain to existing culverts in Diamond Bar Boulevard. The receiving storm drain systems are adequately sized and have adequate available capacity to accommodate these flows. Drainage from the project site will not alter natural drainage or impact rare or threatened biological resources; 6 (6) During construction, short-term water quality impacts may occur from erosion and siltation from soils exposed by grading activities. The Federal Clean Water Act establishes a framework for regulating potential water quality impacts from construction activities through the National Pollutant Discharge Elimination System (NPDES) program. Therefore, the applicant is required to obtain a permit from the Regional Water Quality Control Board. Stormwater pollutant prevention plans are required which includes both structural and nonstructural Best Management Practices (BMPs) to reduce water quality impacts; (7) Erosion control will be required. Full compliance with applicable local, State and Federal water quality standard by the applicant will reduce impacts to less than significant; (8) The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in appropriate locations with adequate flow are conditions of approval as specified by the Fire Department; and (9) As identified within the Environmental Impact Report, the project will result in short-term construction impacts related to fugitive dust and equipment exhaust emissions. Short-term emissions will exceed the SCAQMD's 100 pounds/day threshold for nitrogen oxides (NOx) and its 150 pounds/day threshold of particulate matter (PM10). Mitigation measures are incorporated into the project to reduce the construction related air quality emissions to the extent feasible. The emissions can not be mitigated to a level considered less than significant. The City will require that all construction comply with the SCAQMD's regulations, including Rule 402 and 403. A Statement of Overriding Considerations is necessary and is a component of the project approval. (k) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. (a) Conditions of approval are incorporated into the project which provide for future street easements, the installation and maintenance of utilities, slope and drainage easements, "restricted use" area easements and appropriate 7 access easements. Therefore, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. (b) The Application incorporates a request to remove the City's right to prohibit the construction of residential buildings on 9.8 +/- acres of land located on portions of Lots 5 and 7 of Tract 31479. The General Plan, Land Use Element, Objective 1.5, Strategy 1.5.4(a) requires that any decision to remove map restrictions must be subjected to public hearings before the Planning Commission and the City Council and must be supported by findings that such removal is of significant benefit to the City. The applicant is dedicating 85% of the land in Planning Area 2 for open space. The dedication of the land satisfies Strategies 1.5.5(a) and 1.5.6 of the General Plan. The dedication of land increases the amount of dedicated open space in Diamond Bar from 578 acres to 928 acres which is an increase of 61%. The City currently owns 143.4 acres of parkland of which 81.5 acres consist of natural open space. The deeding of 350 acres of open space results in an increase in deeded public open space of 430% (81.5 acres to 431.5 acres). A monetary value ($1,470,000) will be conferred upon the City as consideration for the removal of map restrictions which is to be used for parks, facilities and landscaping projects. The applicant has agreed that the fair market value for the acres of land upon which residential buildings would be constructed is $150,000 per acre. The fair market amount is reasonable and based upon known recent historical values. As a result, the beneficial consideration that the City would receive is derived by multiplying the acres upon which residential buildings will be constructed (9.8) by the agreed upon fair market value ($150,000), which product is $1,470,000. The consideration in the form of money and landscaping projects is set forth in this resolution. The applicant has satisfied the General Plan Land Use Element Strategies 1.5.4(a), 1.5.5(a), 1.5.6, and 1.6.1(b). 4. Based on the findings and conclusions set forth above, the City Council hereby approves the Application and certifies the Environmental Impact Report and approves the Mitigation Monitoring Program subject to the following conditions: a. General: (1) The project site shall be developed in sub- stantial conformance with VTTM No. 52267, 8 except as conditioned herein, CUP No. Vb-U3 ana OT No. 98-01 submitted to and approved by the City Council collectively attached hereto as Exhibit "A" - subdivision map and mitigation landscape plan, Exhibit "B" - Statement of Overriding Consideration and Exhibit "C" - Mitigation Monitoring Program dated October 1998, Exhibit "D" - Environmental Impact Report; as modified herein. (2) The project site shall be maintained in a condition which is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) This approval is granted subject to the conditions of approval of Hillside Management Conditional Use Permit No. 98-03 and Oak Tree Permit No. 98-01. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar's Community and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays any remaining Planning Division processing fees. (5) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action or proceeding to attack, set aside, void or annul, the approval of VTTM No. 52267 brought within the time period provided for Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are Made a party to any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, 9 incurred in defense of such claims; ana (b) Applicant shall promptly pay any final judgement rendered against the City defendants. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense thereof. (6) The applicant shall comply with the adopted 1994 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and the 1993 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time the application was deemed complete. (7) Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code. Said payment shall be made by the applicant within five days of this grant's approval. (8) Applicant shall pay development fees (including, but not limited to Planning, Building and Safety, Public Works and, Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of a building permit. Additionally, the applicant shall pay all remaining prorated City project review and processing fees prior to the Map's recordation as required by the City. (9) All equipment staging areas shall be located on the project site. The staging area, including material stockpile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. (10) VTTM No. 52267 is valid for two years. An extension of time may be requested in writing and shall only be considered if submitted to the City no less than 60 days prior to this approval's expiration date. Final map approval will not be granted unless either the map is in substantial compliance with VTTM No. 52267 including all conditions or the applicant has entered into a subdivision approvement agreement to the satisfaction of the City Attorney. 10 (11) The project site shall be maintained and operated in full compliance with the conditions of this approval and all laws, or other regulations applicable. (12) This grant shall be null, void and of no effect if the City Council fails to approve CUP No. 98-03 and OT No. 98-01 and the removal of map restrictions. b. Planning Division: (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-2 (SCH NO. 97031005) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. (2) Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of a homeowners' association are required and shall be provided to the Planning Division and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities thereof shall be delineated with the CC&Rs. The CC&Rs shall clearly state that the homeowner's association will be responsible for the maintenance of all open space lots and manufactured slopes within the project. The CC&Rs and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. (3) VTTM No. 52267's CC&Rs shall incorporate at a minimum, provisions which will establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. (4) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. 11 (5) Applicant shall incorporate within the cc&Rs a reference to the availability of the "Buyers Awareness" Package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. This package shall include, but is not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. The applicant shall give each buyer a copy of the "Buyers Awareness" Package and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. (6) Applicant, through the "Buyers' Awareness Program", shall encourage the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (7) The proposed model home units shall comply with the City's Development Review Ordinance. (8) All residential dwelling units are required to obtain Development Review approval. Additional- ly, residential dwelling units shall utilize the following development standards: (a) Front yard setbacks shall be a minimum of 20 feet from the front property line. Architectural styles/front elevations shall vary. The same style front elevation shall not be utilized on adjacent home. The homes shall provide a perspective along a street that utilizes varying plane, giving the appearance of varying setbacks; (b) Side yard setbacks shall be a minimum of 5 feet and 10 feet from the edge of the building pad. The distance between dwelling units shall be a minimum of 15 feet; (c) Rear yard setbacks shall be a minimum of 20 feet from the building pad or property line whichever is greater; proposed two story homes to be located upon the perimeter lots (Lots 2 through 5, 8 through 20, 50, 51, 52, 65 through 68, 71 through 77, 112 through 123, 126 through 129) shall maintain a 30 foot rear yard setback from the edge of the building pad 12 in order to reduce view and aesthetic impacts from adjacent property; (d) Maximum building height shall not exceed two stories and 35 feet; (e) Accessory structures may be permitted utilizing setback distances consistent with the residential zoning designation for the property at the time of permit issuance; (f) The map shall be revised to reflect residential lots ranging in size from 6,000 square feet in area to a maximum lot size of 10,000 square feet in area. Remainder property shall be incorporated within Open Space Lots "D", "E", "F", "G", "H", "I", and "J"; (g) Fencing at the rear of perimeter residential lots shall consist of three foot high decorative block walls with wrought iron, glass, or open work fencing not to exceed three feet to reduce view and aesthetic impacts. Additionally, the perimeter fencing shall allow for the movement of on-site wildlife. (9) All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, etc.) shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Community and Development Services Department/ Planning Division. (10) Grading and/or construction activities shall be restricted to 7:30 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduced noise levels. Transpor- tation of equipment and materials and the operation of heavy grading shall also be restricted to 7:30 a.m. to 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. (11) All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow landform slope con- figuration and shall not be placed in exposed 13 positions. All aown aralns snail De niaaen In swales diagonally or curvilinear across a slope face. (12) Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, and palette mix specified in EIR No. 97-2 (SCH NO. 97031005) and its associated Biological Resource Management Plan (BRMP). The BRMP shall be implemented and maintained by the applicant for a five year period following installation with compliance documented through the adopted Mitigation Monitoring Program. (13) The final landscape plan shall substantially comply with EIR No 97-02 and Hillside Management Ordinance. Final landscape plan shall include fencing details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. Additionally, the final landscape plan shall be reviewed and approved by the City prior to the issuance of a grading permit. (14) The grading plan shall substantially conform to VTTM No. 52267 as approved by the City Counciland amended herein. The approved VTTM No. 52267 and Hillside Management Ordinance shall supersede all other standards and requirements relating to this project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attorney. (15) All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the applicant until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (16) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units, with the exception of the Biological Resources Management Plan which has a five year compliance period. (17) Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance. with the Fire Department requirements. (18) Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, 14 pending completion of the required fire pro- tection system. (19) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant to Division 7, Section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (20) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (21) The urban pollutant basins shall be maintained by the applicant or it's successor in con- formance with all applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fails to maintain the basins. (22) VTTM No. 52267 shall comply with all requirements of the zoning Ordinance and of the underlying zoning unless set forth in this permit or shown on the approved plans. (23) Applicant shall obtain approval from the County Sanitation District on the location of structures affecting the County Sanitation easements and submit written evidence to the City prior to the grading permit's issuance. (24) Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. (25) No blasting and/or dynamiting shall be permitted during the construction of the project. (26) A. Pursuant to the City of Diamond Bar General Plan, Land Use Element, Objective 1.5, Strategy 1.5.4 (a); Diamond Hills Ranch Partnership, Ltd. agrees to the sum of $1,470,000 as consideration for the City of Diamond Bar relinquishing its right to prohibit the construction of residential buildings, on portions ( 9.8 +/- acres ) of Parcel 5 and Parcel 7. Diamond Hills Ranch Partnership, Ltd. 15 z -n all remlL :/1, lUV, VUU LO Lne G1Ly OI Diamond Bar. The remittance shall be a lump sum in the form of a cashier's check presented to the City prior to the recordation of the map. In addition thereto, Diamond Bar Ranch Partnership, Ltd, agrees to replace paved parkways and medians, located at Gold Rush and Diamond Bar Boulevard and Tin Drive and Diamond Bar Boulevard, with landscaping; as well as, creating a pastoral, landscaped area, on the corner of Gold Rush and Diamond Bar Boulevard the value of which is estimated to be $270,000. The landscaping projects shall be completed prior to the issuance of the final Certificate of Occupancy and after the posting of Faithful Performance Bonds. The payment agreed upon herein shall be deposited in the following fund: $1,200,000 in the City of Diamond Bar Parks and Facilities Development Fund. Upon mutual agreement by the City and Diamond Hills Ranch Partnership, Ltd., the value of the assistance in the construction of parks and/or community facilities, including but not limited to, site preparation, site grading, public access/use facilities in the Diamond Bar Open Space Preserve (Diamond Hills Open Space Preserve) or other similar activities, may be applied to the agreed upon payment as in-kind parks and facilities development services. In the event in-kind parks and facilities development services are provided by Diamond Hills Ranch Partnership, Ltd, the City of Diamond and Diamond Hills Ranch Partnership, Ltd agree that the sum total amount of cash payment and in-kind services shall not exceed $1,470,000. B. Pursuant to the Diamond Bar General Plan, Land Use Element, Objective 1.6, Strategy 1.6.1(b) and Objective 1.5, Strategy 1.5.5 (a), Diamond Hills Ranch Partnership, Ltd. ("Applicant"): (a) Dedicate as open space all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract No. 42576, which is comprised of 86.0 acres. (b) Dedicate as open space portions of Lots 4, 5 and 7 of Tract No. 31479, which is comprised of 264.3 +/- acres; excluding manufactured slopes created by Tract No. 52267. 16 (c) Dedicate to the City as public park land a portion of Lot 4 of Tract No. 31479 adjacent to Summit Ridge Park, which is comprised of 10.0 acres. (27) The applicant shall comply with the following standards and provisions of the Biological Resources Management Plan specified in the EIR No. 97-2: (a) Oak trees removed which are less than 36 inches in diameter shall be replaced at a 2:1 ratio; (b) Oak trees removed which are between 36 and 48 inches in diameter shall be replaced at a 3:1 ratio; (c) Oak trees larger than 48 inches in diameter shall be replaced at a 4:1 ratio; and (d) Coastal sage scrub shall be replaced at a 2:1 ratio (for each acre of coastal sage scrub lost, two acres shall be replaced). (28) All mitigation monitoring related to the implementation of the Biological Resources Management Plan required by the Mitigation Monitoring Program and Environmental Impact Report No. 97-2 shall occur within the city limits of Diamond Bar. C. Fire Department: (1) A fuel modification plan, landscape/irrigation plan approved by a registered landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. (2) Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. (3) Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures. (4) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. 17 (5) Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (7) Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. (8) Applicant shall provide information on the location of all existing fire hydrants. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. (10) All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access shall be provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. d. Public Works Division: General: (1) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB), pursuant to Division 7, Section 1300 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (2) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (3) Applicant shall maintain the urban pollutant basins in conformance with all applicable standards. 18 e. (4) Prior to the grading permit's issuance, the applicant shall obtain approval from the County Sanitation District on the location of structures affecting the County Sanitation easements and submit written evidence to the City. (5) Prior to any construction, the applicant shall submit to the City all applicable construction permit fees and construction permit applications. (6) Access to the project site for construction and/or grading equipment shall be approved by the City Engineer. Public Worksf Envineering: (1) Prior to final map approval, the applicant shall submit to the City written certification that all utility services and any other service related to the site shall be available to serve the proposed project. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. (2) All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. (3) Prior to final map approval and when final map is submitted for plan check, a title report/ guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. Ten working days prior to final map approval, an updated title report/guarantee and subdivision guarantee shall be submitted to the City. (4) New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, the applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. All bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm 19 grain improvement plans snali ve approvea vy zne City Engineer, L.A. County Fire Department, and appropriate regulatory agencies (e.g. California Department of Fish and Game, etc.). (7) Applicant, at the applicant's sole cost and expense, shall construct all required public and private improvements. If any required improvements have not been completed by the applicant and accepted by the City prior to the final map approval, the applicant shall enter into a subdivision agreement with the City and shall post the appropriate security, guaran- teeing completion of the improvements, prior to final map approval. A detailed engineering cost estimate shall be submitted to the City Engineer for bonding purposes prior to the submittal of these securities guaranteeing completion of the improvements. (8) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (9) The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map shall not constitute approval of said notes. (10) Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning and Public Works Divisions for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) (11) All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (12) Prior to final map approval and the issuance of grading permit(s), the applicant shall post surety and execute an agreement guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. (13) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. (14) Prior to finalization of any development phase, 20 oufficicnt ctrcct, scwer, aaau uicilaaayc improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (15) Prior to final map approval, applicant shall submit the detail cost estimates for bonding purposes of all public improvements to the City Engineer. (16) Prior to any work being performed in public right-of-way, applicant shall pay fees and obtain a construction permit from the Public works Division in addition to any other permits required. (17) Prior to final map approval, applicant shall pay its fair share of other traffic improvements required based upon amended traffic study as approved by City Engineer. (18) Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. (19) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the subdivision, continued and practical access for the intended use. (20) Prior to recordation of the final map, VTTM No. 52267 shall be annexed 130 homes and all open space to Landscape Maintenance District 38. Those portions of VTTM No. 52267 currently within Landscape Maintenance District 39 shall be removed from said Landscape District and as deemed appropriate, be incorporated into VTTM No. 52267 Homeowners' Association and Landscape Maintenance District 38. (21) All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, inter- sections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the 21 satlsracLlon or the city Engineer. centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. (22) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. (23) After the final map records, applicant shall submit to the Engineering Division, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (24) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at no cost to the City for all improvements. (25) All improvements for proposed VTTM No. 52267 shall be coordinated with any existing or proposed maps. (26) Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City admin- istrative costs. (27) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (28) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner as required by the City Engineer. (29) All improvement plans (i.e., grading, erosion control, storm drain, sewer, street, etc.) shall comply and follow NPDES guidelines for construction and include appropriate Best Management Practices (BMP's). (30) Prior to the initiation of grading operations, the applicant shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, Los Angeles County and the California Regional Water Quality Control Board for the discharge of urban 22 f. pollutants. All improvement plans and construction shall comply with the City's NPDES requirements. Grading: (1) Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. Prior to the issuance of a grading permit, the precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM No. 52267. (2) The maximum grade of driveways serving building pad areas shall be 15%. (3) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes; (c) "Restricted use" areas and structural setbacks shall be considered and delineated prior to recordation of the final map; (d) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (e) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; (f) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (g) Gross stability of all fill slopes shall be analyzed as part of geotechnical 23 report, including remedial fill that replaces natural slope; (h) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (i) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base; and (j) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (4) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist. (5) Final grading plans shall be prepared in a 24" x 36" format and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. (6) Final grading plans shall be submitted to and approved by the City Engineer. (7) An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. (8) All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed in conformance with the Biological Resources Management Plan and to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. (9) No grading or any staging or any construction shall be performed prior to final map approval by the City Council. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. g. Drainage: (1) Applicant shall post surety and an agreement 24 executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. (2) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the City Engineer. (3) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (4) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained (if applicable) from the U.S. Army Corps of Engineers and an agreement with the California Department of Fish and Game (if applicable) shall be obtained and submitted to the City Engineer. (5) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. (6) A permit from the County Flood Control District shall be required for work within its right-of-way or connection to its facilities. A permit from CALTRANS shall be required for work within its right-of-way. (7) Vehicular access shall be provided to all "Urban Pollutant Basins" with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15% unless otherwise approved the City Engineer. (8) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (9) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer 25 prior to final map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&Rs. (10) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a registered Civil Engineer to the satisfaction of the City Engineer. h. Streets• (1) Street improvement plans in a 2411x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. (2) Prior to final map approval, the applicant shall submit street names for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal services zip code areas. (3) New street centerline monuments shall be set at the intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. (4) Street improvement plans in a 24" x 36" sheet format, prepared by a California registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guarantee- ing completion of the public and/or private street improvements, prior to final map approval. (5) No street shall exceed a maximum slope of 12% except that portion of Tin Drive which has a maximum slope of 14% for approximately 4001. (6) Prior to recording of final map, applicant shall construct base and asphalt concrete pavement for all streets in accordance with 26 (5) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the City guaranteeing con- struction of the necessary improvements to the existing water system according to WVWD specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. (6) Applicant shall provide separate underground utility services to each parcel, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer prior to granting. (7) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (8) Prior to submittal of the final map, written certification from Walnut Valley Water District, GTE, SCE, SCG and Century Communications stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (9) Underground utilities shall not be constructed within the drip line of any mature tree or any tree planted in the mitigation monitoring area except as approved by a registered arborist. (10) Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporated into the homeowners' association obligations to the future installation of main and service lines capable of delivery of reclaimed water to all homeowners' association maintained common area landscaped portions of VTTM No. 52267, prior to final map approval. The system shall be designed to permit "switch over" of non- domestic services on each area within the homeowners' association maintained landscaped common area at time of availability of reclaimed water, to the satisfaction of the City Engineer and designed to the specification of the WVWD. (11) Applicant shall post security guaranteeing completion of all utility improvements, prior to the final map approval. j. Traffic: (1) Traffic improvement plans shall be prepared by 28 separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division prior to approval of the final map. (4) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. (5) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District standards. (6) Applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. (7) Security shall be posted guaranteeing completion of the improvements and Mitigation Monitoring Plan, prior to final map approval. (8) Applicant shall convey access and property easement and rights-of-way to the Los Angeles County Sanitation District, as deemed necessary by the County and City Engineer for the construction and maintenance of sewer lines and associated facilities prior to final map approval. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Diamond Hills Ranch Partnership, 5109 E. La Palma Avenue, Ste. D, Anaheim, CA 92807 and SunCal Companies, 5109 E. La Palma Avenue, Ste. D, Anaheim, CA 92807. 30 APPROVED AND ADOPTED THIS 6TH DAY OF October, 1998, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Carol Herrera, Mayor I, Lynda Burgess, City Clerk, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 6th day of October, 1998, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Lynda Burgess, City Clerk 31 CITY COUNCIL RESOLUTION NO. 98-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 98-03, OAR TREE PERMIT NO. 98-01, FOR VESTING TENTATIVE TRACT MAP NO. 52267, A 141 LOT SUBDIVISION FOR THE DEVELOPMENT OF 130 SINGLE FAMILY HOMES GENERALLY LOCATED EAST OF DIAMOND BAR BOULEVARD AND NORTH OF GRAND AVENUE AT THE ER'1'ENSION OF HIGHCREST DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Diamond Hills Ranch Partnership and applicant, SunCal Companies has filed an application for Vesting Tentative Map (VTTM) No. 52267 and certification of Environmental Impact Report (EIR) No. 97-2 (SCH NO. 97031005) in order to subdivide a 339.3 acre parcel into 141 lots for the eventual development of 130 detached single family homes. The project site is generally located east of Diamond Bar Boulevard, and north of Grand Avenue at the extension of Highcrest Drive, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. The request also includes: a Conditional Use Permit for development within an urban hillside management area (CUP No. 98-3), an Oak Tree Permit (OT No. 98-1) for the removal of oak trees, the removal of map restrictions upon a portion of Lot Nos. 5 and 7 of Tract No. 31479, and the dedication of property to the City as park land and open space; collectively attached hereto as Exhibit "A" - subdivision map and mitigation landscape plan, Exhibit "B" - Findings of Fact and Statement of Overriding Consideration, Exhibit "C" - Mitigation Monitoring Program and Exhibit "D" - Environmental Impact Report No. 97-2 (SCH No. 97031005). Hereinafter in this Resolution, the referenced application requests are referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 1 3. On May 12, 1998 the Planning Commission concluded its review of the Application and adopted Resolution Nos. 98- 11 and 98-12 recommending City Council approval of the applicants proposed project. 4. On July 7, 1998 the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened and comments were received on the Application. The City Council conducted an additional duly noticed public hearing on August 18, 1998. On August 18, 1998 additional public testimony was received and the public hearing was closed. On September 1, 1998 the City Council proceeded with its review of the Application and continued the matter to September 15, 1998. On September 15, 1998 the City Council directed staff to prepare appropriate documents of approval for city Council consideration on October 6, 1998. 5. Notification of the City Council public hearing was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on June 12, 1998 and July 28, 1998. Approximately one thousand fifty five property owners within a minimum 500 foot radius of the project site were notified by mail on June 5, 1998 and July 25, 1998. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby determines that the project identified above in this Resolution required an Environmental Impact Report (EIR). EIR No. 97-2 (SCH NO. 97031005) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder. Furthermore, the City Council has reviewed the EIR and related documents in reference to the Application. A Statement of Overriding Considerations has been prepared and is incorporated herein. 3. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The Application affects vacant land consisting of approximately 339.3 acres (Lots 4, 5, 6, and 7) of Tract No. 31479. In addition the project includes the dedication of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract 42576 to the City. 2 (b) The project proposes to subdivide 65 acres of the 339.3 acre site into 141 lots for the development of 130 detached single family homes within a private, gated community; remove and replace oak and walnut trees; and remove map restrictions on portions of Lots 5 and 7 of Tract 31479. A portion of the balance of Lots 4, 5, and 7 of Tract No. 31479 (264.3 acres) and all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract 42576 (86.0 acres) is proposed to be dedicated as open space. The remainder of Lot 4 of Tract 31479 (10 acres adjacent to Summit Ridge Park) is proposed to be dedicated to the City as public park land. (c) The project site has a General Plan land use map designation of Planning Area 2/SP. The City Council has considered the Application finding that the proposed project is compatible with its adopted General Plan. On July 25, 1995 the City Council adopted the General Plan for the City of Diamond Bar. In its adoption of the General Plan the City Council clearly expressed its desire for specific plans for larger properties with multiple ownerships and mixed land use issues. Strategies 1.1.9 and 1.6.3 of the General Plan address the use of a specific plan overlay for large scale mixed use developments in areas where residential, commercial, recreational and other land uses may be permitted. The City Council discussion of Planning Area 2 focused on a single family residential development project to be generally located along the ridgeline. The type of development contemplated within Planning Area 2 was not in dispute. The Council expressed its understanding that the development would consist of a residential project largely in conformance with the previously approved Bramelea Memorandum of Understanding . Consistent with the General Plan, the application has minimized environmental impacts by clustering the 130 home development upon a 65 acre site preserving 360 acres of open space. The project site is zoned Residential Planned Development -Minimum Lot Size 20,000 Square Feet -2 Units Per Acre (RPD -20,000-2U). The City Council has interpreted its General Plan and concludes that, considering all of its aspects, the application is consistent with and implements the goals of the General Plan. (d) Generally, the following zones surround the project site: to the north and east is the RPD -20,000-2U Zone; to the south is the Single Family Residence - Minimum Lot Size 40,000 Square Feet (R-1-40,000) and the RPD -20,000-2U Zone; and to the west is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. 3 Conditional Use Permit Hillside Management Area (e) The proposed project is located and designed so as to protect the safety of current and future community residents, and will not create significant threats to life and/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard. The on-site effects from the development of VTTM No. 52267 will not result in any significant geologic, seismic, slope instability, fire, flood, mud flow, or erosion hazard because the project's grading plan is consistent with the City's Hillside Management Ordinance and will be developed with the benefit of appropriate City permits and inspections. Slope instability will not occur due to the introduction of project features like shear keys and buttress fills which have been incorporated into the project's grading design in accordance with the recommendations of the applicant's geotechnical engineer and the City's grading ordinance requirements for slope stability. Additionally, engineered slopes on-site do not exceed 2:1 and meet the City's stability requirements. No active faults are known to transect the project site or the immediate site vicinity. The probability of on-site surface rupture or deformation from an earthquake is considered very low. However, ground shaking hazards caused by earthquakes along active regional faults do exist. All structural improvements will be designed in accordance with the Uniform Building Code requirements applicable to geologic conditions at the project site. The project site varies from an elevation of approximately 810 above sea level (msl) along the western boundary to approximately 1,150 msl at its eastern edge. Several natural drainages convey site runoff from the proposed development area and existing adjacent residential projects to culverts in Diamond Bar Boulevard. The balance of the 339.3 acres will remain in its natural conditions. During the geotechnical evaluation of the project site, no groundwater was encountered. Although the proposed project will alter the existing natural drainage patterns on-site, drainage will be conveyed by on- site storm drain systems to existing natural drainage courses, which then drain to existing culverts in Diamond Bar Boulevard. The receiving storm drain systems are adequately sized and have 4 adequate available capacity to accommodate these flows. Drainage from the project site will not alter natural drainage or impact rare or threatened biological resources. Additionally, during construction, short-term water quality impacts may occur from erosion and siltation from soils exposed by grading activities. The Federal Clean Water Act establishes a framework for regulating potential water quality impacts from construction activities through the National Pollutant Discharge Elimination System (NPDES) program. Therefore, the applicant is required to obtain a permit from the Regional Water Quality Control Board. Stormwater pollutant prevention plans are required which includes both structural and nonstructural Best Management Practices (BMPs) to reduce water quality impacts. Erosion control will be required. Full compliance with applicable local, State and Federal water quality standards by the applicant will reduce impacts to less than significant. The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in appropriate locations with adequate flow are conditions of approval as specified by the Fire Department. The project will result in short-term construction impacts related to fugitive dust and equipment exhaust emissions. Short-term emissions will exceed the SCAQMD's 100 pounds/day threshold for nitrogen oxides (NOx) and its 150 pounds/day threshold of particulate matter (PM10). Mitigation measures are incorporated into the project to reduce the construction related air quality emissions to the extent feasible. However, the emissions can not be mitigated to a level considered less than significant. Therefore, the City will require that all construction comply with the SCAQMD's regulations, including Rule 402 and 403. As a result, these unavoidable effects are acceptable when balanced against the facts set forth in the project's Statement of Overriding Consideration. It is the above referenced standards that will reduce the threat to life and/or property. (f) The proposed project is compatible with the natural, biotic, cultural, scenic and open space resources of the area. The compatibility of the proposed project with the natural, biotic, cultural, scenic and open space resources was reviewed through the EIR process. A biological reconnaissance survey and cultural 5 rnsouroa studies were taken according to industry standards and practices. Additionally, scenic and open space resources were reviewed. The EIR incorporates a Mitigation Monitoring Program (MMP) that mitigates potentially significant impacts to the natural and biotic resources. The measures within the MMP are based on the findings from the biological resources survey and previously adopted conditions by the City placed on projects containing similar resources. The MMP also incorporates the following: avoidance of approximately 274 acres of a variety of plant communities; protection through a Biological Resource Management Plan of habitat replacement and revegetation and their protection during construction; restoration of coastal sage scrub species and oak and walnut tree replacement; and appropriate permits from U.S. Army Corps of Engineers and California Department of Fish and Game. Through the MMP and appropriate permits, the biological impacts can be mitigated to a level that is considered less than significant. A Mitigation Landscape Plan, a condition of approval for this project, will incorporate the necessary requirements to comply with the mitigation measures, thereby ensuring this project's compatibility with the areas natural and biotic resources. No known or recorded prehistoric or historic sites are located with the proposed project. However, ground visibility was poor. The lower and less steep benches that overlook the canyon and lower drainage, are likely locations for prehistoric camp sites. Therefore, to reduce the impact on cultural resources, the MMP incorporates measures such as an archaeologist and paleontologist to monitor all clearing, brushing and grading activities on the project site. This will ensure appropriate actions for the exploration and/or salvage of the cultural findings. When combined with other projects that may be developed and existing development in this area of the City, the proposed project is not expected to contribute to cumulative aesthetics/visual impacts. The General Plan indicates that a single family development of 130 homes would be allowed in this area. Compliance with the City's Hillside Management Ordinance is required to ensure that potential view impacts are mitigated to the extent feasible. Aesthetic and visual impacts will be mitigated through techniques stated within the Mitigation Monitoring Plan (MMP). It is unknown whether the mitigation measures identified in the MMP will reduce the project's aesthetic impacts to a level that would be considered less than 6 significant. Therefore, the impacts identified within the EIR are considered significant and unavoidable and a Statement of Overriding Consideration has been prepared addressing this issue. (g) The proposed project is conveniently served by neighborhood shopping and commercial facilities, can be provided with essential public services without imposing undue costs on the total community, and is consistent with the objectives and policies of the General Plan. Previously mentioned findings confirm that the proposed project is consistent with the objectives and policies of the General Plan. Pursuant to the EIR, this project and area surrounding the project is served by the Los Angeles County Fire and Sheriff Departments, as well as the Pomona Unified School District. The project area will be serviced by Fire Station No. 120 located at 1051 Grand Avenue and Station No. 121 located at 346 Armitos Place. The Los Angeles County Sheriff's Department provides law enforcement services for the community from the Walnut Station located at 21695 E. Valley Boulevard, in the adjacent City of Walnut. The developer is required to pay state mandated school fees to the Pomona Unified School District as a contribution to the school facilities needed to support the students generated by the application. Any additional fees needed by the school district to fund facilities will be determined between the applicant and the school district. Shopping and commercial facilities are provided within approximately one mile of the project site. (h) The proposed development demonstrates creative and imaginative design, resulting in a visual quality that will complement community character and benefit current and future community residents. The proposed development demonstrates creative and imaginative design through the utilization of the standards and guidelines of the City's Hillside Management Ordinance; the varying shape lots with irregular pad configuration; density pursuant to the General Plan; the dedication of natural, public, open space; the retention of the area's hillside character through landform grading and the Revegetation Plan, which will concentrate the planting of vegetation in concave areas, similar as in nature. All these measures will complement the community's character, benefitting current and future community residents. I] Oak Tree Permit (i) The proposed construction or proposed use will be accomplished without endangering the health of the remaining trees on the subject property. Pursuant to the City's Development Code, Biological Resource Management Plan, and the Mitigation Monitoring Plan (MMP), preconstruction meetings and the project biologist, remaining trees shall be protected at all times during construction. (j) The removal or relocation of the oak tree(s) proposed will not result in soil erosion through the diversion of increased flow of surface waters which cannot be satisfactorily mitigated. Pursuant to the City's grading permit process and the project's MMP, measures to prevent erosion during construction, such as the use of silt fencing or hay bales shall be installed at the grading limits. Additionally, the revegetation plan will be implemented after feasible when grading is completed. Therefore, soil erosion will be satisfactorily mitigated. (k) The removal or relocation of the oak tree(s) proposed is necessary, as continued existence at present location(s) frustrates the planned improvement of proposed use of the subject property to such an extent that placement of such tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorized. The removal of oak and walnut trees is necessary to provide slope stability by the introduction of project features like shear keys and buttress fills in accordance with the recommendations of the applicant's geotechnical engineer and the City's grading ordinance requirements. The development of the property was anticipated by the adopted General Plan. The MMP requires oak trees with a trunk diameter less than 36 inches will be replaced at a 2:1 ratio; oak trees with diameters between 36 inches and 48 inches will be replaced at a 3:1 ratio; oaks trees with diameters greater than 48 inches will be replaced at a 4:1 ratio; and walnut tree replacement at a 2:1 ratio. All tree replacement will include understory to ensure the replacement of the ecosystem values. Each acre of coastal sage scrub lost by the development will be replaced with two acres (2:1 ratio) of coastal sage scrub at locations to be determined by the City. Additionally, a five year monitoring will occur with performance standards of 90 percent coverage by the fifth year. 8 4. Based on the findings and conclusions set forth above, the City Council hereby approves CUP No. 98-03, OT No. 98-01 subject to the following conditions: a. General: (1) The.project site shall be developed in sub- stantial conformance to VVTM No. 52267 as conditioned within City Council Resolution No. 98-59, CUP No. 98-03 and OT No. 98-01 submitted to and approved by the City Council collectively attached hereto as Exhibit "A" - subdivision and mitigation landscape plan, Exhibit "B" - Findings of Fact and Statement of Overriding Consideration and Exhibit "C" - Mitigation Monitoring Program dated October 1998. (2) The project site shall be maintained in a condition which is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) This approval is granted subject to the conditions of approval for VTTM No. 52267. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar's Community and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays remaining Planning Division processing fees. (5) In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action or proceeding to attack, set aside, void 7 or annul, the approval of VTTM No. 52267 brought within the time period provided for Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a party to any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims; and" (b) Applicant shall promptly pay any final judgement rendered against the City defendants. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense thereof. (6) The applicant shall comply with the adopted 1994 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and the 1993 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time the application was deemed complete. (7) Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code.. Said payment shall be made by the applicant within five days of this grant's approval. (8) Applicant shall pay development fees (including, but not limited to Planning, Building and Safety, Public Works and, Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permits (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of a building permit. Additionally, the applicant shall pay all remaining prorated City project review and processing fees prior to the Map's recordation as required by the City. (9) All equipment staging areas shall be located on the project site. The staging area, including material stockpile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. 10 (10) This grant is only valid, provided that con- struction is begun within two years from the date of this approval. A one year extension of time may be requested in writing and shall only be considered if submitted to the City no less than 30 days prior to the approval's expiration date. (11) The project site shall be maintained and operated in full compliance with the conditions of this approval and all laws, or other regulations applicable. (12) This grant shall be null, void and of no effect if the City Council does not approve VTTM No. 52267 and the Mitigation Monitoring Program and certify EIR No. 97-2 (SCH NO. 97031005). b. Planning Division: (1) The Mitigation Monitoring Program outlined in Environmental Impact Report No. 97-2 (SCH NO. 97031005) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. (2) Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of a homeowners' association are required and shall be provided to the Deputy City Manager and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities thereof shall be delineated with the CC&Rs. The CC&Rs shall clearly state that the homeowner's association will be responsible for the maintenance of all open space lots and manufactured slopes within the project. The CC&Rs and Articles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. (3) VTTM No. 52267's CC&Rs shall incorporate at a minimum, provisions which will establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. 11 (4) A clause shall be incorporated into the CC&Rs which requires disputes involving interpre- tation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. (5) Applicant shall incorporate within the CC&Rs a reference to the availability of the "Buyers Awareness" Package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. This package shall include, but is not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. The applicant shall give each buyer a copy of the "Buyers Awareness" Package and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. (6) Applicant, through the "Buyers' Awareness Program", shall encourage the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (7) The proposed model home units shall comply with the City's Development Review Ordinance. (8) All residential dwelling units are required to obtain Development Review approval. Additional- ly, residential dwelling units shall utilize the following development standards: (a) Front yard setbacks shall be a minimum of 20 feet from the front property line. Architectural styles/front elevations shall vary. The same style front elevation shall not be utilized on adjacent home. The homes shall provide a perspective along a street that utilizes varying plane, giving the appearance of varying setbacks; (b) Side yard setbacks shall be a minimum of 5 feet and 10 feet from the edge of the 12 building pad. The distance between dwelling units shall be a minimum of 15 feet; (c) Rear yard setbacks shall be a minimum of 20 feet from the building pad or property line whichever is greater; proposed two story homes to be located upon the perimeter lots (Lots 2 through 5, 8 through 20, 50, 51, 52, 65 through 68, 71 through 77, 112 through 123, 126 through 129) shall maintain a 30 foot rear yard setback from the edge of the building pad in order to reduce view and aesthetic impacts from adjacent property; (d) Maximum building height shall not exceed two stories and 35 feet; (e) Accessory structures may be permitted utilizing setback distances consistent with the residential zoning designation for the property at the time of permit issuance; (f) The map shall be revised to reflect residential lots ranging in size from 6,000 square feet in area to a maximum lot size of 10,000 square feet in area. Remainder property shall be incorporated within Open Space Lots "D", "E", "F", "G", "H", "I", and "J"; (g) Fencing at the rear of perimeter residential lots shall consist of three foot high decorative block walls with wrought iron, glass, or open work fencing not to exceed three feet to reduce view and aesthetic impacts. Additionally, the perimeter fencing shall allow for the movement of on-site wildlife. (9) All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, etc.) shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Community and Development Services Department/ Planning Division. (10) Grading and/or construction activities shall be restricted to 7:30 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly 13 muffled to reduced noise levels. Transpor- tation of equipment and materials and the operation of heavy grading shall also be restricted to 7:30 a.m. to 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used for dust control watering whenever possible. (11) All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow landform slope con- figuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. (12) Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, and palette mix specified in EIR No. 97-2 (SCH NO. 97031005) and its associated Biological Resource Management Plan (BRMP). The BRMP shall be implemented and maintained by the applicant for a five year period following installation with compliance documented through the adopted Mitigation Monitoring Program. (13) The final landscape plan shall substantially comply with EIR No 97-02 and Hillside Management Ordinance. Final landscape plan shall include fencing details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. Additionally, the final landscape plan shall be reviewed and approved by the City prior to issuance of a grading permit. (14) The grading plan shall substantially conform to VTTM No. 52267 as approved by the City Council and amended herein. The approved VTTM No. 52267 and Hillside Management Ordinance shall supersede all other standards and requirements relating to the project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attorney. (15) All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the applicant until each individual unit is sold and occupied by the 14 buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. (16) All off-site landscaping, grading and other improvements shall be completed prior to the occupancy of any units, with the exception of the Biological Resources Management Plan which has a five year compliance period. (17) Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance with the Fire Department requirements. (18) Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire pro- tection system. (19) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant to Division 7, Section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (20) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (21) The urban pollutant basins shall be maintained by the applicant or it's successor in con- formance with all applicable standards. The applicant shall convey to the City the non- exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fails to maintain the basins. (22) VTTM No. 52267 shall comply with all requirements of the Zoning Ordinance and of the underlying zoning unless set forth in this permit or shown on the approved plans. (23) Applicant shall obtain approval from the County Sanitation District on the location of structures affecting the County Sanitation easements and submit written evidence to the 15 City prior to the grading permit's issuance. (24) Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. (25) No blasting and/or dynamiting shall be permitted during the construction of the project. (26) A. Pursuant to the City of Diamond Bar General Plan, Land Use Element, Objective 1.5, Strategy 1.5.4 (a); Diamond Hills Ranch Partnership, Ltd. agrees to the sum of $1,470,000 as consideration for the City of Diamond Bar relinquishing its right to prohibit the construction of residential buildings, on portions ( 9.8 +/- acres ) of Parcel 5 and Parcel 7. Diamond Hills Ranch Partnership, Ltd. shall remit $1,200,000 to the City of Diamond Bar. The remittance shall be a Jump sum in the form of a cashier's check presented to the City prior to the recordation of the map. In addition thereto, Diamond Bar Ranch Partnership, Ltd, agrees to replace paved parkways and medians, located at Gold Rush and Diamond Bar Boulevard and Tin Drive and Diamond Bar Boulevard, with landscaping; as well as, creating a pastoral, landscaped area, on the corner of Gold Rush and Diamond Bar Boulevard the value of which is estimated to be $270,000. The landscaping projects shall be completed prior to the issuance of the final Certificate of Occupancy and after the posting of Faithful Performance Bonds. The payment agreed upon herein shall be deposited in the following fund: $1,200,000 in the City of Diamond Bar Parks and Facilities Development Fund. Upon mutual agreement by the City and Diamond Hills Ranch Partnership, Ltd., the value of the assistance in the construction of parks and/or community facilities, including but not limited to, site preparation, site grading, public access/use facilities in the Diamond Bar Open Space Preserve (Diamond Hills Open Space Preserve) or other similar activities, may be applied to the agreed upon payment as in-kind parks and facilities development services. In the 16 event in-kind parks and facilities development services are provided by Diamond Hills Ranch Partnership, Ltd, the City of Diamond and Diamond Hills Ranch Partnership, Ltd agree that the sum total amount of cash payment and in-kind services shall not exceed $1,470,000. B. Pursuant to the Diamond Bar General Plan, Land Use Element, Objective 1.6, Strategy 1.6.1(b) and Objective 1.5, Strategy 1.5.5 (a), Diamond Hills Ranch Partnership, Ltd. ("Applicant"): (a) Dedicate as open space all of Lot 9 of Tract No. 31479 and Lots 50 and 51 of Tract No. 42576, which is comprised of 86.0 acres. (b) Dedicate as open space portions of Lots 4, 5 and 7 of Tract No. 31479, which is comprised of 264.3 +/- acres; excluding manufactured slopes created by Tract No. 52267. (c) Dedicate to the City as public park land a portion of Lot 4 of Tract No. 31479 adjacent to Summit Ridge Park, which is comprised of 10.0 acres. (27) The applicant shall comply with the following standards and provisions of the Biological Resources Management Plan specified in the EIR No. 97-2: (a) Oak trees removed which are less than 36 inches in diameter shall be replaced at a 2:1 ratio; (b) Oak trees removed which are between 36 and 48 inches in diameter shall be replaced at a 3:1 ratio; (c) Oak trees larger than 48 inches in diameter shall be replaced at a 4:1 ratio; and (d) Coastal sage scrub shall be replaced at a 2:1 ratio (for each acre of coastal sage scrub lost, two acres shall be replaced). (28) All mitigation monitoring related to the implementation of the Biological Resources Management Plan required by the Mitigation Monitoring Program and Environmental Impact Report No. 97-2 shall occur within the city limits of Diamond Bar. 17 C. Fire Department: (1) A fuel modification plan, landscape/irrigation plan approved by a registered landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. (2) Access shall comply with section 902 of the Fire Code which requires all weather access. All weather access may require paving. (3) Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures. (4) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. (5) Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. (6) Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (7) Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. (8) Applicant shall provide information on the location of all existing fire hydrants. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. (10) All required fire hydrants shall be installed, tested and accepted prior to construction. 18 Vehicular access shall De provided and maintained serviceable throughout construction. (11) Applicant shall provide three additional maps for fire hydrant placement and distribution. d. public Works Division: General: (1) Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California RegionlWater Quality Control Board (CRWQCB), pursuant to Division 7, Section 1300 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. (2) Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto, pursuant to the NPDES requirements. (3) Applicant shall maintain the urban pollutant basins in conformance with all applicable standards. (4) Prior to the grading permit's issuance, the applicant shall obtain approval from the County Sanitation District on the location of structures affecting the County Sanitation easements and submit written evidence to the City. (5) Prior to any construction, the applicant shall submit to the City all applicable construction permit fees and construction permit applications. (6) No construction traffic or access to the site shall be provided from Highcrest Drive. Access to the project site for construction and/or grading equipment shall be approved by the Deputy City Manager. e. Public Works/Engineering: (1) Prior to final map approval, the applicant shall submit to the City written certification that all utility services and any other service related to the site shall be available to serve the proposed project. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days 19 prior to final map approval. (2) All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. (3) Prior to final map approval and when final map is submitted for plan check, a title report/ guarantee showing all fee owners, interest holders, and nature of interest shall be submitted. The account shall remain open until the final map is filed with the County Recorder. Ten working days prior to final map approval, an updated title report/guarantee and subdivision guarantee shall be submitted to the city. (4) New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. (5) Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, the applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. All bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, L.A. County Fire Department, and appropriate regulatory agencies (e.g. California Department of Fish and Game, etc.). (7) Applicant, at the applicant's sole cost and expense, shall construct all required public and private improvements. If any required improvements have not been completed by the applicant and accepted by the City prior to the final map approval, the applicant shall enter into a subdivision agreement with the City and shall post the appropriate security, guaran- teeing completion of the improvements, prior to final map approval. A detailed engineering cost estimate shall be submitted to the City Engineer for bonding purposes prior to the submittal of these securities guaranteeing completion of the improvements. (8) House numbering plans shall be submitted to and approved by the Engineering Division prior to 20 issuance of building permits. (9) The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map shall not constitute approval of said notes. (10) Precise grading plans for each lot or phase of development shall be submitted to the Community and Development Services Department/Planning and Public Works Divisions for approval prior to issuance of building permits. (11) All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (12) Prior to final map approval and the issuance of grading permit(s), the applicant shall post surety and execute an agreement guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. (13) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. (14) Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. (15) Prior to final map approval, applicant shall submit the detail cost estimates for bonding purposes of all public improvements to the City Engineer. (16) Prior to any work being performed in public right-of-way, applicant shall pay fees and obtain a construction permit from the Public Works Division in addition to any other permits required. 21 (17) Prior to final map approval, applicant shall pay its fair share of other traffic improvements required based upon amended traffic study as approved by City Engineer. (18) Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. (19) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the subdivision, continued and practical access for the intended use. (20) Prior to recordation of the final map, VTTM No. 52267 shall be annexed 130 homes and all open space to Landscape Maintenance District 38. Those portions of VTTM No. 52267 currently within Landscape Maintenance District 39 shall be remove from said Landscape District and as deemed appropriate, be incorporated into VTTM No. 52267 Homeowners' Association and Landscape Maintenance District 38. (21) All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, inter- sections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. (22) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. (23) After the final map records, applicant shall submit to the Engineering Division, at no cost to the City, a full size repro alibleof tcopyhe Of the recorded map. Final app blic improvements shall not be given until the copy 22 of the recorded map is received by the Engineering Division. (24) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at no cost to the City for all improvements. (25) All improvements for proposed VTTM No. 52267 shall be coordinated with any existing or proposed maps. (26) Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City admin- istrative costs. (27) Applicant shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at no cost to the City. (28) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner as required by the City Engineer. (29) All improvement plans (i.e., grading, erosion control, storm drain, sewer, street, etc.) shall comply and follow NPDES guidelines construction and include appropriate Best Management Practices (BMPfs). (30) Prior to the initiation of grading operations, the applicant shall obtain all applicable construction, stormwater and NPDLos permits unty may be required by the City,Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. All improvement plans and construction shall comply with the City's NPDES requirements. f. Grading: (1) Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading ordinance 7 (1992), Hillside Management ordinance and acceptable grading practices. Prior to the issuance of a grading permit, the precise grading plan shall be in substantial conformance with the grading plan approved as a material part of VTTM No. 52267. 23 (2) The maximum grade of driveways serving building pad areas shall be 15%. (3) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes; (c) "Restricted use" areas and structural setbacks shall be considered and delineated prior to recordation of the final map; (d) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (e) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; (f) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (g) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; (h) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (i) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base; and 24 (j) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (4) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist. (5) Final grading plans shall be prepared in a 24" x 36" format and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. (6) Final grading plans shall be submitted to and approved by the City Engineer. (7) An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. (8) All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed in con- formance with the Biological Resources Management Plan and to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. (9) No grading or any staging or any construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. g. Drainage: (1) Applicant shall post surety and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. (2) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the 25 City Engineer. (3) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (4) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained (if applicable) from the U.S. Army Corps of Engineers and an agreement with the California Department of Fish and Game (if applicable) shall be obtained and submitted to the City Engineer. (5) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. (6) A permit from the County Flood Control District shall be required for work within its right-of-way or connection to its facilities. A permit from CALTRANS shall be required for work within its right-of-way. (7) Vehicular access shall be provided to all "Urban Pollutant Basins with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15% unless otherwise approved the City Engineer. (8) Prior to recording of final map, applicant shall construct or post bonds for drainage improvements and offer easements needed for street and slope drainage as required by the City Engineer. (9) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for 26 dedication to the City. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&Rs. (10) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a registered Civil Engineer to the satisfaction of the City Engineer. h. Streets: (1) Street improvement plans in a 241Ix 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. (2) Prior to the final map approval, the applicant shall submit street names for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal services zip code areas. (3) New street centerline monuments shall be set at the intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. (4) Street improvement plans in a 24" x 36" sheet format, prepared by a California registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guarantee- ing completion of the public and/or private street improvements, prior to final map approval. (5) No street shall exceed a maximum slope of 12% except that portion of Tin Drive which has a maximum slope of 14 percent for approximately 400 feet. (6) Prior to recording of final map, applicant 27 shall construct base and asphalt concrete pavement for all streets in accordance with soils report prepared by a California registered Soils Engineer and approved by the City Engineer or as otherwise directed by the City Engineer. (7) Applicant shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy. (8) Applicant shall construct curb and gutters per City standards subject to approval by the City Engineer. (9) The connection to Highcrest Drive from VTTM No. 52267 shall be utilized as a secondary access into VTTM No. 52267. i. utilities: (1) All utility lines shall be underground in frontage of the VTTM No. 52267. (2) Applicant shall construct street lights along all streets, as required, per City standards and as approved by the City Engineer. The street lights shall be annexed into the appro- priate street lighting districts, or shall be operated and maintained by a homeowners association. (3) Prior to the approval and recordation of the final map, the applicant shall submit written certification to the City from the Walnut Valley Water District (WVWD) that adequate water supply and facilities are available to serve the project; from the Los Angeles County Sanitation District (LACSD) that adequate sewage conveyance and treatment capacity are available to serve the project; and from each public utility and cable television purveyor that adequate supplies and facilities are or will be available to serve the proposed project. Such letters shall be issued by the districts, utility companies and cable television company within ninety (90) days prior to final map approval. (4) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the WVWD specifications shall be provided and approved by the City Engineer. The system and shall include fire hydrants of the type 28 location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (5) Prior to final map approval, the applicant shall construct or enter into and improvement agreement with the City guaranteeing con- struction of the necessary improvements to the existing water system according to WVWD specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. (6) Applicant shall provide separate underground utility services to each parcel, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer prior to granting. (7) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (8) Prior to submittal of the final map, written certification from Walnut Valley Water District, GTE, SCE, SCG and Century Communications stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. (9) Underground utilities shall not be constructed within the drip line of any mature tree or any tree planted in the mitigation area except as approved by a registered arborist. (10) Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporated into the homeowners' association obligations to the future installation of main and service lines capable of delivery of reclaimed water to all homeowners' association maintained common area landscaped portions of VTTM No. 52267, prior to final map approval. The system shall be designed to permit "switch over" of non- domestic services on each area within the homeowners' association maintained landscaped common area at time of availability of reclaimed water, to the satisfaction of the City Engineer and designed to the specification of the WVWD. 29 (11) Applicant shall post security guaranteeing completion of all utility improvements, prior to the final map approval. j. Traffic: (1) Traffic improvement plans shall be prepared by a registered Civil Engineer in a 241lx36" sheet format and submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of traffic improvements prior to final map approval. (2) Intersection line of sight designs shall be submitted to the City for approval may be required by the City Engineer. (3) Traffic control signing and striping plans shall be prepared for any construction affecting traffic on Diamond Bar Boulevard in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final map. (4) Prior to final map approval, the applicant shall pay its fair share of traffic signal improvements required (Tin Drive/Diamond Bar Boulevard) pursuant to the approved EIR. Based upon recommendations presented in the traffic study, this fair share is 100 percent of the costs for traffic signal installation. Applicant shall also be responsible for other traffic modification improvements such as median, signing and striping for left and right turn lane pockets. The applicant shall, at his sole cost and expense, install full sidewalks of five feet minimum in width along the property frontage on Diamond Bar Boulevard between Goldrush Drive and Steep Canyon and full sidewalks of five feet minimum in width and curb and gutter along Steep Canyon between Diamond Bar Boulevard and Clear Creek Drive. All improvements shall comply with current American Disabilities Act standards. k. Sewers: (1) Sewer system improvement plans (24" x 36" sheet format, 2 pages per sheet) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer, Los Angeles County Public Works Department, and Los Angeles County Sanitation District prior to final map approval. 30 (2) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer verifying that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. (3) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Division prior to approval of the final map. (4) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. (5) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District standards. (6) Applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. (7) Security shall be posted guaranteeing completion of the improvements and Mitigation Monitoring Plan, prior to final map approval. (8) Applicant shall convey access and property easement and rights-of-way to the Los Angeles County Sanitation District, as deemed necessary by the County and City Engineer for the construction and maintenance of sewer lines and associated facilities prior to final map approval. 31 The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Diamond Hills Ranch Partnership, 5109 E. La Palma Avenue, Ste. D, Anaheim, CA 92807 and SunCal Companies, 5109 E. La Palma Avenue, Ste. D, Anaheim, CA 92807. APPROVED AND ADOPTED THIS 6TH DAY OF OCTOBER, 1998, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Carol Herrera, Mayor I, Lynda Burgess, City Clerk, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 6th day of October 1998, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Lynda Burgess, City Clerk 32