HomeMy WebLinkAbout2/16/1999Tuesday, February 16, 1999
5:00 p.m. — Study Session CC -2
6:30 p.m. — Regular Meeting
South Coast Air Quality Management District
Main Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Mayor Wen Chang
Mayor Pro Tem Debby O'Connor
Council Member Eileen Ansari
Council Member Carol Herrera
Council Member Bob Huff
City Manager Terrence L. Belanger
City Attorney Michael Jenkins
City Clerk Lynda Burgess
Copies of staff reports or other written documentation relating to agenda items arc 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 lI 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 smola'ng, eating or drinking in the Council Chambers.
The City of Diamond Bar uses recycled paper and encourages you to do the same.
DIAMOND BAR CITY COUNCIL RULES
(ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS)
PUBLIC INPUT
The meetings ofthe Diamond Bar City Council are open to the public. A member ofthe public may address the Council on the subject ofow or more
agenda item "or other items of irdemst which aro within the subject matter jurisdiction ofthe Diamond Bar City Council. A request to address the
Council should be submitted in person to the City Clerk
As a general rule the opportunity for public comments will take place at the discretion ofthe Cbaz. 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 requiting to speak and the
business ofthe Council.
Individuals are requested to refrain from personal attacks towards Council Members or other citizens. Comments which are not conducive to a
positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. Your cooperation is 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 meeting.)
In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council
meeting. In case of emergency, or when a subject matter arises subsequent to the posting ofthe agenda, upon making certain findings the Council may
act on an item that is not on the postal 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 ofthe
Diamond Bar City Council.
A. Disorderly behavior toward the Council or any member ofthe staffthereot tending to intemrpt the due and orderly
course of said meeting.
B. A breach ofthe peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of
said meeting.
C. Disobedience of any lawful order ofthe 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 ofthe meeting. Please telephone (909) 860-2489 between 8 a.m.
and S p.m Monday through Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules ofthe Council, Cassette Tapes of Meetings (909) 860-2489
Computer Access to Agendas (909) 860 -UNE
General Information (909) 860-2489
NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
STUDY SESSION:
1. CLOSED SESSION:
2. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 99-05
Next Ordinance No. 04(1999)
5:00 p.m., CC -2
Goals & Objectives
Short Term Parking Solutions
None
6:30 p.m., February 16, 1999
South Pointe Middle School Wind
Ensemble, conducted by Steve Acciani
and Leading the Pledge, Jane Kim
Pastor Larry Grigsby, Calvary Chapel
Council Members Ansari, Herrera,
Huff, Mayor Pro Tem O'Connor, Mayor
Chang
Mayor
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
4. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. 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.
S. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - February 23, 1999 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.2 PARKS AND RECREATION COMMISSION - February 25, 1999 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - March 2, 1999 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
FEBRUARY 16, 1999 PAGE 2
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
6.1.1 Regular Minutes of January 19, 1999 - Approve
as submitted.
6.1.2 Study Session of February 2, 1999 - Approve as
submitted.
6.1.3 Regular Minutes of February 2, 1999 - Approve
as submitted.
Requested by: City Clerk
6.2 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of November 12, 1998 - Receive & File.
Requested by: Engineering Division
6.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of December 17, 1998 - Receive & File.
Requested by: Community Services Division
6.4 VOUCHER REGISTER - Approve Voucher Register dated
February 16, 1999 in the amount of $323,268.81.
Requested by: Finance Division
6.5 TREASURER'S REPORT - for the month of December 1998 -
Review and approve.
Requested by: Finance Division
6.6 CLAIM FOR DAMAGES:
6.6.1 Filed by Rosa M. Jones on November 4, 1998.
Recommended Action: It is recommended that
the City Council deny the Claim for Damages
and refer the matter for further action to the
City's Risk Manager.
6.6.2 Filed by Thomas & Lorraine O'Rourke on January
29, 1999.
Recommended Action: It is recommended that
the City Council deny the Claim for Damages
and refer the matter for further action to the
City's Risk Manager.
FEBRUARY 16, 1999 PAGE 3
Requested by: City Clerk
6.7 BOND REDUCTIONS:
A) REDUCTION OF SUBDIVISION IMPROVEMENT BONDS (FAITHFUL
PERFORMANCE, LABOR AND MATERIAL) FOR TRACT NO.
47850 DIAMOND BAR WEST PARTNERS - Diamond Bar West
Partners has requested a reduction in security
amounts (surety bonds) commensurate with progress
of work for various improvements required in
accordance with the subdivision agreement for Tract
No. 47850. The contractor has satisfactorily
completed substantial amounts of the work and has
requested a reduction of the amounts of certain
bonds be authorized.
Recommended Action: It is recommended that the
City Council approve reduction of:
a)
Bond No.
4188535 - Grading Bond,
from
$1,596,279
to $399,069.75
b)
Bond No. 4188545 - Sewer/Street/S.D.
from
$682,946 to
$341,473
c)
Bond No.
4188555 - Domestic Water
from
$208,401.60
to $104,200.80
d)
Bond No. 418857S - Monumentation from
$4,250
to $2,125;
and direct the City Clerk to notify the Principal
and Surety of these actions.
B) REDUCTION AND EXONERATION OF SUBDIVISION IMPROVEMENT
BONDS FOR TRACT NO. 47851 (DIAMOND BAR EAST
PARTNERS) - Diamond Bar East Partners has requested
a reduction in security amount (surety bond)
commensurate with progress of work for landscaping
and irrigation improvements required in accordance
with the subdivision agreement for Tract No. 47851.
Diamond Bar East Partners has satisfactorily
completed substantial amounts of the work and has
requested a reduction of the amounts of certain
bonds be authorized.
Recommended Action: It is recommended that the
City Council approve reduction of Bond No. 1513035
by Developers Insurance Co. for landscape/ irriga-
tion from $25,000 to $12,500 and direct the City
Clerk to notify the Principal and Surety of these
actions.
Requested by: Engineering Division
FEBRUARY 16, 1999 PAGE 4
6.8 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 (SB 821)
ALLOCATION FOR FISCAL YEAR 198-99 - For FY 1998-99, the
L.A. County Metropolitan Transportation Authority
allocated $20,517 to the City for construction of various
pedestrian and bicycle -related facilities and projects.
To date, the City has reserved a total of $66,486 (FYs
95-96, 96-97 and 97-98. FY 98-99's allocation of $20,517
will bring the City's SB 821 fund balance to $87,003.
The City is permitted to accumulate funds for use in
Capital Improvement Projects.
Recommended Action: It is recommended that the City
Council reserve the City's $20,517 TDA Article 3 (SB 821)
allocation for FY 98-99 for the Brea Canyon Rd.
streetscape improvement project.
Requested by: Engineering Division
6.9 PARK IMPROVEMENTS AND ADA UPGRADES FOR RONALD REAGAN PARK
AND HERITAGE PARK:
A) For FY 1998-99, Ronald Reagan & Heritage Parks have
been scheduled for ADA retrofit/upgrades. On December
15, 1998, Council authorized staff to advertise for
bids for Improvements and ADA Upgrades for these
parks. Staff proposes to award a construction
contract to the lowest responsible bidder.
Recommended Action: It is recommended that the City
Council (a) approve a budget adjustment to increase
the total budget amount for this project to $437,700
from the current $311,700,(b) award a construction
contract to 4 -Con Engineering, Inc. in an amount not -
to -exceed $366,650.75, and provide a contingency
amount of $15,000 for project change orders to be
approved by the City Manager, for a total
authorization amount of $381,650.75.
B) Council will be awarding a construction contract to
4Con Engineering, Inc. for Park Improvements and ADA
Upgrades for Ronald Reagan & Heritage Parks. Staff
proposes to award a construction inspection services
contract to D & J Engineering. As the City's Building
& Safety Consultant/Building Official, D & J
Engineering is thoroughly familiar with ADA standards
and code compliance requirements.
Recommended Action: It is recommended that the City
Council authorize the City Manager to approve a
purchase order for D & J Engineering for construction
inspection services in an amount not -to -exceed
$14,875.
FEBRUARY 16, 1999 PAGE 5
7.
Requested by: Engineering Division
6.10 EXTENSION OF CONTRACT AMOUNT FOR WEST COAST ARBORISTS FOR
THE STREET TREE MAINTENANCE CONTRACT - The City has a
contract with West Coast Arborists to perform street tree
maintenance services. Due to the large demand for
service this FY, it is necessary to increase the contract
amount to continue offering responsive street tree
maintenance. The current contract is for $60,000. Staff
is seeking an increase in the amount of $10,000, raising
the total authorized contract amount to $70,000. There
are already funds budgeted in FY 98/99 for this increase.
Recommended Action: It is recommended that the City
Council authorize additional street tree maintenance work
to be performed by West Coast Arborists during FY 98/99
in a total amount not -to -exceed $70,000, an increase of
$10,000 in the existing street tree maintenance contract.
Requested by: Community Services Division
PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard.
7.1 RESOLUTION NO. 89-97M: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT
OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - All
cities are required to adopt conflict of interest codes
designating certain positions participating in making
decisions which may affect financial interests. Since
adoption of the City's Code on October 3, 1989,
amendments have been necessary to add new positions or
delete obsolete positions.
Recommended Action: It is recommended that the City
Council open the Public Hearing, take testimony, close
the Public Hearing and adopt Resolution No. 89-97M to add
the positions of Finance Director and Accountant II and
deleting the positions of Asst. Finance Manager and
Senior Accountant.
Requested by: City Clerk
7.2 PUBLIC HEARING - INTRODUCTION OF AMENDMENT TO TITLE 22 OF
THE DIAMOND BAR MUNICIPAL CODE TO INCORPORATE DEVELOPMENT
STANDARDS FOR RADIO, TELEVISION AND WIRELESS
TELECOMMUNICATIONS ORDINANCE FACILITIES - Council
established a Telecommunications Task Force to review
issues related to the siting and design of
telecommunications facilities. The Task Force reviewed
current City Codes and procedures and examined standards
from several cities. The Task Force developed a Draft
FEBRUARY 16, 1999 PAGE 6
Ordinance for review by the Planning Commission and
Council. The draft establishes new standards and
criteria for placement of radio, television and wireless
telecommunication facilities within commercial,
industrial and, under certain conditions, residential
zones. The Planning Commission concluded its public
hearing review of the Draft Ordinance on February 9, 1999
and recommends it adoption.
Recommended Action: It is recommended that the City
Council receive a presentation from staff, open the
Public Hearing, receive public testimony, review the
proposed regulations and, if appropriate, continue the
matter to March 2, 1999.
Requested by: Planning Division
7.3 EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 51253,
CONDITIONAL USE PERMIT 92-12 AND OAK TREE PERMIT NO. 92-9
- Amrut Patel of Sasak Corp. is requesting approval of a
one-year extension of time for Tentative Tract Map No.
51253, Conditional Use Permit No. 92-12 and Oak Tree
Permit No. 92-9 in order to subdivide approximately 6.7
acres in 21 single-family lots. The project site is
located on the east side of Morning Sun Avenue and
generally north of Pathfinder Road. On January 12, 1999,
the Planning Commission recommended approval of the
requested extension of time.
Recommended Action: It is recommended that the City
Council open the Public Hearing, take testimony, close
the Public Hearing and direct staff to prepare a
resolution of denial for the extension of time request.
Requested by: Planning Division
8. OLD BUSINESS: None
9. NEW BUSINESS:
9.1A)RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 1999-2000.
B) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY
FEBRUARY 16, 1999 PAGE 7
ASSESSMENT THEREON FOR FISCAL YEAR 1999-2000.
C) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 1999-2000- The City
has an annual program for maintenance of public
improvements and intends to continue the program
through special assessments upon lands within the
City's Landscaping Assessment Districts No. 38, 39 and
41. Funds must be provided to enable these Districts
to continue their operation during FY 99-2000.
Proceedings for maintenance of said improvements will
be pursuant to the provisions of the Landscape and
Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
Recommended Action: It is recommended that the City
Council adopt Resolutions No. 99 -XX, 99 -XX and 99 -XX
initiating the proceedings for Districts 38, 39 and 41
ordering preparation of the appropriate engineering
reports.
Requested by: Engineering Division
9.2 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND
REIMBURSEMENT NO. 11 WITH THE DIAMOND BAR REDEVELOPMENT
AGENCY - In September 1996, the Diamond Bar
Redevelopment Agency proceeded with a redevelopment
plan adoption process for the D.B. Economic
Revitalization Area. Included within this project area
is the Gateway Corporate Center. The $32,000 requested
in this Advance and Reimbursement Agreement No. 11 will
be used to fund the real estate economic cost/benefit
analyses and reports ($20,000) and for special legal
services ($12,000) related to the development of office
buildings on Lots 22 and 23 located within the Gateway
Corporate Center. The primary tenant of this office
complex is Allstate Insurance, a Fortune 500 company,
which will house an estimated 1,000 employees.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 99 -XX approving Advance
and Reimbursement Agreement Number 1 with the Diamond
Bar Redevelopment Agency in the amount of $32,000.
Requested by: City Manager
RECESS TO REDEVELOPMENT AGENCY:
FEBRUARY 16, 1999 PAGE 8
Next Resolution No. RA99-01
1. CALL TO ORDER: Chairman
ROLL CALL: Agency Members Chang, Herrera,
O'Connor, VC/Huff, C/Ansari
2. PUBLIC C014 ENTS: "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 voluntary).
There is a five minute maximum time limit when addressing the
Redevelopment Agency.
3. CONSENT CALENDAR:
3.1 APPROVAL OF MINUTES - Regular Meeting of February 2, 1999
- Approve as submitted.
Requested by: Agency Secretary
3.2 VOUCHER REGISTER - Approve Voucher Register dated
February 16, 1999 in the amount of $31.05.
Requested by: Executive Director
3.3 TREASURER'S REPORT - for the month of December 1998 -
Review and approve.
Requested by: Finance Director
4. PUBLIC HEARINGS: None
S. OLD BUSINESS: None
6. NEW BUSINESS:
6.1 RESOLUTION NO. RA99-OX: A RESOLUTION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT
AGREEMENT NUMBER 11 WITH THE CITY OF DIAMOND BAR - In
September 1996, the Diamond Bar Redevelopment Agency
proceeded with a redevelopment plan adoption process for
the D.B. Economic Revitalization Area. Included within
this project area is the Gateway Corporate Center. The
$32,000 requested in this Advance and Reimbursement
Aarppmpnt Nn- 11 wi 1 1 hp iispd to flinr3 t -hp rpAl PSi-atP
FEBRUARY 16, 1999 PAGE 9
economic cost/benefit analyses and reports ($20,000) and
for special legal services ($12,000) related to the
development of office buildings on Lots 22 and 23 located
within the Gateway Corporate Center. The primary tenant
of this office complex is Allstate Insurance, a Fortune
500 company, which will house an estimated 1,000
employees.
Recommended Action: It is recommended that the
Redevelopment Agency Board of Directors adopt Resolution
No. RA99-XX approving Advance and Reimbursement Agreement
No. 11 with the City of Diamond Bar in the amount of
$32,000.
Requested by: Executive Director
6.2 REAL ESTATE AND ECONOMIC ANALYSES CONSULTANT SERVICES -
ROSENOW SPEVACEK GROUP RELATED TO LOTS 22 AND 23 OF
GATEWAY CORPORATE CENTER - The Redevelopment Agency has
been involved in discussions with Opus West Corporation
related to the development of office complexes on Lots
22 and 23 in the Gateway Corporate Center. Opus West
Corporation has requested assistance from the Agency in
structuring a redevelopment project that would
facilitate the locating of Allstate Insurance, a Fortune
500 company, as the primary tenant of the office
building on Lots 22 and 23. Real estate and economic
consulting services have been proposed by Rosenow
Spevacek Group in an amount not -to -exceed $20,000.
Recommended Action: It is recommended that the
Redevelopment Agency Board of Directors approve the
proposal tendered by Rosenow Spevacek Group (RSG) for
real estate and economic consulting services relating to
office complexes on Lots 22 and 23 of the Gateway
Corporate Center in an amount not -to -exceed $20,000 and
that the Board authorize and direct the Executive
Director to execute the agreement.
Requested by: Executive Director
6.3 AWARD OF CONTRACT WITH STRADLING YOCCA CARLSON & RAUTH
FOR SPECIAL LEGAL SERVICES - The Redevelopment Agency
has been involved in discussions with Opus West
Corporation related to the development of office
complexes on Lots 22 and 23 in the Gateway Corporate
Center. Opus West Corporation has requested assistance
from the Agency in structuring a redevelopment project
that would facilitate the locating of Allstate
Insurance, a Fortune 500 company, as the primary tenant
of the office building on Lots 22 and 23. The scope of
services is set forth in the proposal. It is estimated
FEBRUARY 16, 1999 PAGE 10
that an additional amount not -to -exceed $12,000 is
needed for these legal services.
Recommended Action: It is recommended that the
Redevelopment Agency Board of Directors approve continued
special legal services with the firm of Stradling Yocca
Carlson & Rauth in an amount not -to -exceed $12,000 and
authorize and direct the Executive Director to execute an
amendment to the agreement.
Requested by: Executive Director
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.
RECONVENE CITY COUNCIL MEETING:
10. COUNCIL SUB -COMMITTEE REPORTS:
11. COUNCIL MEMBER 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 LL
FROM: DATE:.2 M,
ADDRESS: 44-yq f % -�� e (1d/ &a -t PHONE: 1?de?-396- Q ;;
ORGANIZATION: `� (� L%1jj,r C"�.-.
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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.
/74 .
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
DATE: rza fi"
^ -
, PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
TO:
FROM:
ADDRESS:
ORGANIZATION
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
Soc ��►CHell RD DATE: -D,
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
CITY CLERK
&"-
/
FROM:
DATE:
ADDRESS:
PHONE:
ORGANIZATION:
µs /` ee
S
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:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
DATE:
PHONE:
4 'P *, �- C. /, e 1 C)
I expect to address the Council on the subject agenda m. Please have the Council Minutes reflect my
name and address as written abNe.
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1999-2000
CITY COUNCIL GOALS AND OBJECTIVES
....,.,,
1
14 vMOM
. ,.era, ....... .. .. .. .r .... ..,...a ,.. .... ..,
Acquire property for Civic Center/Community Center/Library/Senior
y.. .a
1
.. „v ca
2
1
1
;..
4
1.8
i 2
Economic Development Strategic Plan
2
3
2
2
3
2.4
A
_
Define/Implemerit an economic development program to attract commercial
development
A
A
A
A
B
1.2
--------
B
_ _ ___ _ _
Prioritize Redevelopment Project Areas
B
B
B
B
D
2.4
C
Target revitalization o existin commercial users
C
C
C
C
C
3
D
Identify retail needs which are not being met in the community
D
D
D
D
A
3.4
E
Increase property tax base by annexing Shell Oil Property; four housing
developments
E
E
E
E
E
5
3
Communications: Exp4nd/Enhance customer/client service
4
1
4
4
1
2.8
A
B
C
(tie)
C
(tie)
D
E
F I
4
A I
B I
C
D (tie)
D (tie)
24 hour timeline for returning calls (underling call if Department Head
can't) 72 hour response on letters (not just card promising responses that
don't come)
Staff (communications dept) draft letters for Council in response to
community letters
Monthly newsletter (or every other month or insert in Recreation Guide
with separate issue in January and June or ax out
Develop a Citizen Resource list (listing all organizations —where to get
I help, animal, Medicare, medical offices, physicians, dentist, social services,
welfare — etc.)
Monthly city e -news for web site, printed and mailed as requested
(Alternatively, run 4 to 6 pages monthly in Windmill)
Develop web site/COL as more resident focused (in addition to Economic
Development)
Sidewalk City Hall
Traffic 13
Traffic Study to complement/enhance 4 -Corners regional study
Strategic Plan for long term traffic solution (express by-pass via SOI)
Traffic mitigation plan (short term)
Pursue/Monitor traffic solutions — 71/91, 60/57 corridor/interchange
Computerized Signal Management system run by City, not County
A
A
A
A
A
1
C
B
B
C
B
B
B
2.2
C
C
E
3.2
D
F
D
F
F
3.2
E
D
F
D
D
4.6
F
E
G
E
C
_
5.2
6.5
14
G
E
G
G
13
3
2
3
B
D
C
A
A
2.2
C
A
D
B
B
2.4
A
C
B
D
D
2.8
D
F
A
C
F
4
E
B 1
E
E
C
4
02/16/99
E< <.'': ......:. GOAL s i.iil 0�44�t� *R^S.Aa i
E Standardized Policy regarding Striping of City Streets E F F
E
S3
5.5
5
Beau_ tification Plan for Diamond Bar
5
7
5
8
5
6
A
Put more teeth (en orcement) of Property Maintenance Ordinance
C
A
A
A
B
1.6
B
Unique and appealing street sca e
A
C
B
B
C
2.2
C
Develop and locate City entry monuments (unique and appealingyreplace
entry sign at Grand157
B
E
F
C
D
4
D
Tighten temporary sign ordinance (identify group(s), individuals who will
work with private property owners to remove unauthorized signs on private
propertypr2perty if City can't)
E
D
H
D
A
4.4
E
Spanner Banners/Christmas Decorations/Pole Flags
D
B
E
G
E
4.6
F
Improve signage (make legible, visible si ns rom reewa)
F
F
C
E
G
5.4
G
Pooper scoo er law and si ns or unleashed animals
G
G
D
H
F
6.4
H
In-house nursery to provide trees or streets andfuture developments
H
G
F
H
7.25
6
Implement Green Waste Program in SRRE
6
5
18
7
6.5
7
Inter -Agency planning Chino Hills/Industr /Pomona/LACO)
7
9
6
5
12
7.8
A
Work through Tres Hermanos JPA to evaluate the possibility of building a
reservoir
A
A
A
I
8
Implement effective emergency re aredness and response programs
8
10
7
6
10
8.2
A
Disaster preparedness planning, training and management (City and
Neighborhood)
A
A
A
I
9
Open Space
9
8
11
12
6
9.2
A
Obtain Joint Use Agreements with PUSD & WVUSD or acilities
B
A
A
A
A
1.2
B
Pursue and promote joint development/use ofparks and open space
D
B
B
C
B
2.6
C
Acquisition of land or parks and nature area conservation
C
C
C
D
C
3.2
D
Work with Countyfor possibili o ac uirin Diamond Bar Golf Course
A
E
D
B
E
3.4
E
Negotiate to acquire Site D
D
E
E
D
4.5
10
Master Plan for Code Enforcement Preparation
112
11
9
7
8
9.4
11
Zip Code Resolution
ill
12
10
11
11
11
02/16/99
Rauik
12
13
14
15
16
(tie)
16
(tie_)
17
18
19
GC1Ai:.`
Strategic Planning Workshop preparation (A systematic way to
manage, change and create the best possible future, focusing on the
allocation of resources to critical issues. Action oriented with emphasis
on practical results.
C►an",
16
.(1',CAnnot
6
a
13
11ret_...Rb...:.ecaiC
9
15
11.8
Expanded duties for Volunteer patrol
14
14
12
14
13
13.4
Staff team building work sessions
15
13
14
10
18
14
Promote Neighborhood/Business watch programs/new signs
13
18
15
12
17
15
Develop larger parking violations writing force
17
15
17
15
16
16
Trails Master Plan (bicycles and trails)
19
16
19
17
9
16
Small Business Advisory Group
10
20
18
16
19
16.6
Hire a grant writer to search for available funds
20
17
20
18
14
17.8
Revisit Business Registration Fee
18
19
16
19
20
18.4
02/16/99
1999-2000 City Council Goals and Objectives
IMMEDIATE TIME SENSITIVE GOALS
E N G I N E E R S
TABLE 1
WEEKDAY PEAK HOUR DIRECTIONAL VOLUME SUMMARY
Diamond Bar Boulevard and Grand Avenue
Diamond Bar, California
Traffic
Traffic
Direction
Key
Time
Volumes
Volumes
Total
Percent Split
of Totals
From/To
Roadway
Period
Entering
Exiting
Peak Flow
% IN
% Out
North
Diamond Bar
AM
970
636
1,606
23%
13%
Boulevard
South
Diamond Bar
AM
890
2,101
2,991
22%
42%
Boulevard
East
Grand
AM
1,642
384
2,026
40%
8%
Avenue
West
Grand
AM
628
1,920
2,548
15%
38%
Avenue
TOTAL
Both
AM
4,130
5,041
9,171
100%
100%
E N G I N E E R S
TABLE 2
RESIDENTIAL NEIGHBORHOOD INGRESS/EGRESS SUMMARY
Diamond Bar Boulevard and Grand Avenue
Diamond Bar, California
::.::..:.:itis
.iamo�d. �
:.:...............................................................
.ITAL��€ T .1)
epCkTL
Acacia HillAM
AM
16
65
81PM
-
-
-
PM
49
30
792)
-
-
-
Maple HillAM
AM
161
269
430
31
790
184
jad
PM
98
7l
169
31
24
55
3) Mountain
AM
630
536
1,166
81
209
290
PM
212
244
456
75
67
142
4) Quail SumAM
AM
13
8
21
109
131
240
(entrance)
PM
69
20
89
152
75
227
5) Montefino Avenue
AM
196
162
358
1738
125
55
(exit)
PM
229
167
396
47
13
60
\2000\2019\tab1es\2019-t2.x1s
elM�l .Px��a�e
:.:...............................................................
TiTA I
epCkTL
6) Cleghorn Drive
AM
46
1 ] 1
157
-
-
-
PM
197
98
295
-
-
-
7) Rolling Knoll Road
AM
-
-
-
68
116
184
PM
-
-
-
90
71
161
8) Country View Drive
AM
-
-
-
11
7
18
PM
-
-
-
16
7
23
9) Shotgun Lane
AM
-
-
-
92
0
92
(entrance)
PM
-
-
-
104
0
104
10) Shotgun Lane
AM
-
-
-
0
125
125
(exit)
PM
-
-
-
0
79
79
11) Summitridge Drive
AM
119
381
500
24
92
116
PM
222
134
356
46
32
78
12) Longview Drive
AM
48
52
'0013
16
29
PM
99
33
132
22
15
37
\2000\2019\tab1es\2019-t2.x1s
E N G I N E E R 5
TABLE
COMMERCIAL/RETAIL DRIVEWAY INGRESSIEGRESS SUMMARY
Diamond Bar Boulevard and Grand Avenue
Diamond Bar, California
[1] The driveway numbers correspond to Exhibit 5, which graphically present the driveway locations
\2000\2019\tables\2019-t3.xls
7.
1) Diamond Bar Towne Center
AM
45
26
71
PM
89
53
142
2) Diamond Bar Towne Center
AM
3
13
163
PM
12
F
5
47
3) Diamond Bar Towne Center
AM
53
28
81
PM
102
121
223
4) Diamond Bar Towne Center
AM
105
64
169
PM
154
74
228
5) Diamond Bar Towne Center
AM
86
33
119
PM
189
97
286
6) Diamond Bar Towne Center
AM
10
1-1
2-1
PM
8
44
52
7) Diamond Bar Towne Center
AM
62
45
107
PM
101
139
240
8) Sunset Plaza
AM
47
12
59
PM
42
101
143
9) Sunset Plaza
—AM
39
—4—
43
Ir
PM
52
42
94
10) Sunset Plaza
AM
13
16
29
PM
16
24
40
11) Sunset Plaza
AM
7
3
10
PM
27
21
48
12) Towne Center Plaza
AM
90
101
191
PM
91
124
215
13) Towne Center Plaza
AM
46
33
79
PTowne
PM
80
72
152
14 t r
Center Plaza 14) Towne Center Plaza
AMI —
r25
65
90
PM
78
94
172
[1] The driveway numbers correspond to Exhibit 5, which graphically present the driveway locations
\2000\2019\tables\2019-t3.xls
E N G I N E E R S
DATE:
TO:
FROM:
MEMORANDUM
February 16, 1999
David G. Liu
CITY OF DIAMOND BAR
VIA FAX: (909) 861-3117
Richard E. Barretto OP
LINSCOTT, LAW, & GREENSPAN, ENGINEERS
RE: Peak Hour Trak Volume Analysis
For Diamond Bar Boulevard and Grand Avenue
Diamond Bar, CA (LLG Job# 2.99.2019.1)
As a follow-up to our telephone conversation regarding the above referenced job, attached are six
exhibits which identify the study arFa, existing roadway conditions, and existing AM and PM peak
hour traffic volumes at the fourtedn (14) public street intersections on Diamond Bar Boulevard
and Grand Avenue. Also included at the peak hour volumes for the driveways that provide access
to Diamond Bar Towne Center, Sunset Plaza, and Town Center Plaza.
* * * * * * * * * * * *
If you have any questions regarding this information, please call me or Chris Nguyen at (714)
641-1587_ See you tonight at the City Council Study Session.
cc: Chris Nguyen
Aly
oll
IN �ST
I AW�
s
10 , =•. . IrI�l"m 44r .. cl13r
.t
PC
�.�
I g` u1♦ 14 W vS1IMf=-------
to 4 ry z. Irrs !!
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4.h Qr.� °" � ` � • +. ask@ cruor �v � .,� �' �o , ,xr
Ac -4A v
a POA6 g iw.�4 ? W. .�<� @ .�R M ±• «rt r5pp /A /
4 N9Y4 Al M IWNE+ q Q~ 00•�C(�' �i `� ` f Jp
yf HJk G RIh� 4 !
xaa
11ii +ti V
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23 0>i
22
AO• ti 1
AN BAR ARDI NO
OU T Y
c `C
4.�" t y 33
-� - z5z
E �O
i
i
u
- -- MAP SOURCE: THOMAS EROS.
(tNO SCAIJ= EXHIBIT 1
uws
LAW &con
CRM MPAM VICINITY MAP
ENGINEERS GRAND AVE & DIAMOND BAR BLVD TRAFFIC VOLUME ANALYSIS, DIAMOND BAR
eg1 �
SI N"AAL�
� � h
�pE m r
8 PHASE
G SIGNAL
y 3 PHASE
/ �► SIGNAL a4
3 PHASE
yo JSIGNAL o
3 PHASE
2 PHASE
�a�� SIGNAL
Y ' i4g J ¢
MAPS lye) QUAIL
%V SUMMI W s z G�MlT,P/ F�
Z
MOUNTAIN 25 LAUREL Wy
91
21.1 3 PHASE w o� o
SIGNAL �r
� O
a"
KEY
= APPROACH LANE ASSIGNMENT, EXHIBIT 2
tO SCALE • TRAFFIC SIGNAL, — = STOP SIGN
(XX) = POSTED SPEED LIMIT
LINSCOTT 2 ffi NUMBER OF TRAVEL LANES EXISTING ROADWAY CONDMONS
LAW & D = DIVIDED U - UNDIVIDED AND INTERSECTION CONTROL
CREENSPAN
ENGINEER ! GRAND AVE & DIAMOND BAR BLVD TRAFFIC VOLUME ANALYSIS, DIAMOND BAR
tNO SLE EXHIBIT 3A
w
'T
GREENSPAN EXISTING (1999) AM PEAK HOUR TRAFFIC VOLUMES
ENQINEERS GRAND AVE & DIAMOND BAR BLVD TRAFFIC VOLUME ANALYSIS, DIAMOND BAR J
1�
0
ry
1
48-6 6�6-. —2
o� `1648
0
MAP
QUAIL
z
11
{
J {
8 SUMMITc'
9ypTRMw�NIrR
�;
ll614
3451-.. 117
�Q�
z
MOUNTAIN LAUREL y
,J
W
C7 �Q�1,0�q 10sy1^
W ?
a
%ry
9f
OSP
�
tNO SLE EXHIBIT 3A
w
'T
GREENSPAN EXISTING (1999) AM PEAK HOUR TRAFFIC VOLUMES
ENQINEERS GRAND AVE & DIAMOND BAR BLVD TRAFFIC VOLUME ANALYSIS, DIAMOND BAR J
m�
ry^O
DIAMOND BAR ^h
TOWNE CENTER
cq�/v p � X33
l DIAMOND BAR
TOWNS CENTER
TOWNE CENTER a
PLAZA
�1s
SUNSET
.� L3 PLAZA
0
o
EXHIBIT 3B
thlo scams
UNSCOTr
CUREENSPAN EXISTING (1999) AM PEAK HOUR DRIVEWAY TRAFFIC VOLUMES
E N 0 1 N E E R ! GRAND AVE & DIAMOND BAR BLVD TRAFFIC VOLUME ANALYSIS, DIAMOND BAR
EXHIBIT 4A
N,t:,/NO SCALE
W �T
LA
GREEIVSi,AN EXISTING (1999) PM PEAK HOUR TRAFFIC VOLUMES
FN 0 t -WE E R S GRAND AVE & DIAMOND BAR BLVD TRAFFIC VOLUME ANALYSIS, DIAMOND BAR
mV
h�
g�8.✓ � 33
DIAMOND BAR
TOWNE CENTER
cRgNp � �9�
DIAMOND BAR
`g9 0 TOWNE CENTER
P
n
a�lb
TOWNE
J
TOWNE CENTER
PLAZA Sa J
�o SUNSET
J lz� PLAZA
ti �gg
^� Q
J� g
O � a
O
O
U
EXHIBIT 4B
NO SCALE
UNSCOTT
LAWEENSPwN EXISTING (1999) PM PEAK HOUR DRIVEWAY TRAFFIC VOLUMES
ENG 1 -11112 GRAND AVE & DIAMOND BAR BLVD TRAFFIC VOLUME ANALYSIS, DIAMOND BAR
'* ANO SCALE
UN
a°t'T
GREENSPAN
ENOI-NE E RS
m�
4
3
DIAMOND BAR
TOWNE CENTER
GRgI� t 5
2
DIAMOND BAR
TOWNE CENTER
6
TOWNE CENTER 7
PLAZA t
SUNSET
tt PLAZA
8
1
c
2
o m
Q
o �
s
a
KEY:
ANALYZED DRIVEWAY
EXHIBIT 5
COMMERCIAL/RETAIL DRIVEWAY LOCATIONS
GRAND AVE & DIAMOND BAR BLVD TRAFFIC VOLUME ANALYSIS, DIAMOND BAR
BACKGROUND /ASSUMPTIONS
♦ The existing conditions analyses are based on current CMP counts at Diamond Bar / Grand
and the present geometric conditions.
♦ Future, long-range conditions are based on a general growth factor plus impacts of specific
future projects.
D The growth factor is one (1.0) percent per year to provide Year 2015 base volumes.
O The other specific projects included in the analyses are a list of current projects
obtained from a recent traffic study, the potential redevelopment through the
Economic Revitalization Plan, and the Easterly Industrial project in the City of
Industry.
O A potential "bypass" road was not included in the projections, but is considered as
a part of the improvements analyses.
O The effects of potential improvements to the S.R. 57 / 60 Freeways were not
necessarily addressed. Any net beneficial effects of improvements versus future
freeway traffic growth could be an added benefit to the study intersection.
NOTE: The intersection analyses reach a very high ICU value, which in reality will not
occur. Drivers are expected to begin diverting away from this intersection, as
congestion makes this a less desirable route.
RELA TED ISSUES
♦ Shopping Center Access:
O Effects of "cut -through" traffic getting in / out of driveways.
O On-site design improvements could serve to improve access.
♦ Traffic Signal_ T_ im_ nQ:
4 Cycle lengths are not overly long, but may appear to be to some of the side streets.
O For a coordinated system, the "smaller" intersections also require the same cycle
lengths.
• i.e. If the "smaller" intersections run "free", the side streets can get a green
light more quickly, but more severe congestion on Grand would be expected.
• If queues form at the "smaller" intersections, there could be a metering effect
at Diamond Bar / Grand. Perhaps less queues at this location.
• There are / could be funding issues related to signal timing changes.
♦ Extended Turn Pockets at Intersections;
O Potential cost factors.
O Queue length problems and/or deceleration concern issues? Signal cycle lengths
could effect queue and deceleration issues.
0 If the extensions involve striping changes, then the modifications are much easier.
POTENTIAL ISSUES
♦ Will a problem" intersection slow the approval process for projects within Diamond Bar
(i.e. CEQA compliance)?
♦ Is the "cut -through" traffic a hindrance or help to local businesses?
♦ Should the "cut -through" traffic be "discouraged' through congestion or should efforts be
made to get this traffic through the City as quickly as possible to reduce the congestion
period?
♦ It appears that in order to fully mitigate Diamond Bar / Grand, some form of major
improvement is needed:
O Construction of the "bypass" road.
O Added major widenings of Diamond Bar / Grand well beyond the Alternative 3
concept.
O Potential grade separation of Diamond Bar / Grand.
TABLE
INTERSECTION ANALYSES SUMMARY
POTENTIAL
ALTERNATIVE
INTERSECTIONANALYSES BYPASSROAD
CURB WIDENINGS
BICYCLE LANES
& RO.W.
ACQUISITIONS
CONDITION AM PM AM PM
ALTERNATIVE 1:
Existing 0.99 / E 1.12/F With Bypass Road:
Diamond Bar Blvd.
IMPROVEMENTS
WITHIN
Existing 0.86 / D 1.01/ F 0.84 / D
1.01 / F
YES
EXISTING CURBS
(w/ Improv.)
NO
Future 1.32 / F 1.50 / F With Bypass Road
& EB Richt:
Grand Ave.
- Change
Right Turn Lanes
to Through Lanes0.80/DNO
g
Future 1.12 / F 1.37 / F
0.94/E
(w/ Improv.)
ALTERNATIVE 2:
Existing 0.99 / E 1.12/F With Bypass Road:
Diamond Bar Blvd.
BICYCLE LANES
Existing 0.91 / E 1.12/F 0.86/D
I 1.02/F
YES
ON
(w/ Improv.)
NO
GRAND AVE.
Future 1.32 / F 1.50 / F
Grand Ave.
YES
Future 1.23 / F 1.50 / F
T
(w/ Improv.) I
ALTERNATIVE 3:
Existing 0.99 / E 1.12 / F With Bypass Road:
Diamond Bar Blvd.
IMPROVEMENTS
Existing 0.80 / C 0.87 / D 0.74/C
0.96/E
NO
WITH ADDED
(w/ Improv.)
YES
THROUGH LANES
Future 1.32 / F 1.50/F
Ave.
LideningsGrand
.W. Needed
NO
Future 1.02 / F 1.19 / F
w/ Im rov.
JACK IN
THE BO%
MA -MOND BAR BLVD.
I I i
I I
I
I IiI
I �
I I I
I RALPH'S
SHOPPING CENTER
I i I l
II I I I I I
i
• I I I �
FIRESTONE
I
FORMER
WELLS iARGO
BANK
� I
JAI I
BANK
OF
AMERICA
GRAND AVE.
I
-_
CENTURY
21
BLOCKBUSTEF
VIDEO
t i l 1 1 1
POMONA SO' S0'
FIRST VINEYARD
FEDERAL NATIONAL
BANK
II
lit,
III ill
III II
I
LUCKY
SHOPPING CENTER I I I I I I I PrL
OLLO
LOCO
III II
IIIII II
II I Conceptual Improvements
Alternative 1 — Improvement within Existi
DLA-MOND BAR BLVD.
DIAMOND BAR BLVD,
1 3 I
V I I
I I
I
I Ill
JACK IN � 11 1 I
TXE BOX I
p 1 �ly I I
N I i I I
it
iI I i I I
RALPH'S
SHOPPING CENTER
I
I
1 �. �• I 1 BANK
FIRESTONE FORMER I OF
AMERICA
WELlS FARW
BANK
GRAND AVE.
.+
CENTURY
21
,Y. WPR1RhH-1Cuvwrwu114QJC
A iV11C.UOIW>9�AiN�U
BLOCKBUSTEI
VIDEO
- ------ ---- — -- - -
� � ,fn,•I',F
POMONA I VINEYARD
flRST NATIONAL
FEDERAL I I BANK
I I I I I I I
III I II
III II
l I I I I I
LUCKY I I I
SHOPPING CENTER LOO
'�II II
III I I
Conceptual Improvements
III II
F7 Alternative 2—Bicycle Lanes on Gr
!I I
JACK IN
THE BOX
DLAMOND BAR BLVD.
I I
i I s I i
I I I I
I I
I lid
I �
I I II I
RALPH'S
p I I I SHOPPING CENTER
I I I
I I
ill II
I I �
I II
FIRESTONE FORMER I L I 4" 1 BANK
OF
WELLS FARL AMERICA
BANK
I I I
I,' I,i 1, ,
GRAND AVE. i�j �1
- - - - - - - - - -- -S
_GRIST
POMONA
FIRST
FEDERAL
LUOKY
SHOPPING CENTER'
C
--- - -- - - - - - - - - - - - - -
VINEYARD
NATIONAL
BANK
EL
POLLO
LOCO
1
Conceptual Improvements
Alternative 2 — Bicycle Lanes on Grand Ave
oc" r.o
FIRESTONE FORMER
WELLS FARCO
BANK
O GRAND AVE.
- - - - - - - - - - -
CENTURY
21
P N1'� TRRF}1C QJ fiJC
1uKuuoiw�m.+mluura
RALPH'S
SHOPPING CENTER
BANK
OF
AMERICA
—qw—
BLOCKBUSTI
VIDEO
—aw'— I I I - t r --uc
POMONA gyp' , !0" VINEYARD
FlRST NATIONAL
FEDERAL NY !G BANK
j I l l I l j
II III
II III
II III
i
LUCKY I J t I ( EL
SHOPPING CENTER I I I I pOLLp
I I I I I I LOCO
ill tl
�II It
III I I Conceptual Improvementi
Alternative 3
Added Improvements with Street Wtl
DL010ND BAR BLVD.
I I
i I jj
I
I
I I
j
II�
JACK IN
I
�
1NE 80% I
I
I
I I
I I(
I Ili
I
I
i
I I
j I
j I
I I
I l i
FIRESTONE FORMER
WELLS FARCO
BANK
O GRAND AVE.
- - - - - - - - - - -
CENTURY
21
P N1'� TRRF}1C QJ fiJC
1uKuuoiw�m.+mluura
RALPH'S
SHOPPING CENTER
BANK
OF
AMERICA
—qw—
BLOCKBUSTI
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—aw'— I I I - t r --uc
POMONA gyp' , !0" VINEYARD
FlRST NATIONAL
FEDERAL NY !G BANK
j I l l I l j
II III
II III
II III
i
LUCKY I J t I ( EL
SHOPPING CENTER I I I I pOLLp
I I I I I I LOCO
ill tl
�II It
III I I Conceptual Improvementi
Alternative 3
Added Improvements with Street Wtl
FIRESTONE FORMER
WELLS FARCO
BANK
cr aw we
GRAND AVE.
— — — — — — — — — — $ ---
tj
POMONA b
FIRST
FEDERAL Ap
I I I 1
I
�II
ill
III
LUCKY
SHOPPING CENTER j
I j I I
II
II
II
III
II �
II
II
II
II
I
II I
II
I I
I I
II
I
RALPH'S
SHOPPING CENTER
BANK
OF
AMERICA
— qy. —
f
YINEYARD
NATIONAL
BANK
EL 7
POLO
Loco
Conceptual Improvements
Alternative 3
Added Improvements with Street Widenings
0
DIAMOND BAR BLVD.
I I
I b
I
I
I
fII
KROX
�
I
rNE
�
I
I
I I
I
Ili
I I
III
I
I
III
I l i
FIRESTONE FORMER
WELLS FARCO
BANK
cr aw we
GRAND AVE.
— — — — — — — — — — $ ---
tj
POMONA b
FIRST
FEDERAL Ap
I I I 1
I
�II
ill
III
LUCKY
SHOPPING CENTER j
I j I I
II
II
II
III
II �
II
II
II
II
I
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MINUTES OF THE CITY COUNCIL
r
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 2, 1999
1. CLOSED SESSION: Called to order at 5:00 p.m. in Room CC -8 of the
South Coast Air Quality Management District Building.
a) CONFERENCE WITH LEGAL COUNSEL - Pending Litigation (Subdivision
(a) of Section 54956.9) Dolezal vs. City of Diamond Bar.
b) CONFERENCE WITH LEGAL COUNSEL - Pending Litigation (Subdivision
(a) of Section 54956.9 - Beach-Courchesne vs. City of Diamond Bar.
C) Continuation of City Manager Evaluation (G.C. 54957 - Public Employee
Performance Evaluation)
STUDY SESSION: Called to order at 6:00 p.m. in Room CC -8 of the
South Coast Air Quality Management Building.
a) Discussion of Goals and Objectives for 1999-2000
Present: Council Members Ansari, Herrera, Huff,
MPT/O'Connor, Mayor Chang.
Also present were: Terrence L. Belanger, City Manager; Mike
Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy
Public Works Director; Bob Rose, Community Services Director; Mike Nelson,
Communications & Marketing Director, Linda Magnuson, Finance Director and
Lynda Burgess, City Clerk, Kellee Fritzal, Assistant to the City Manager and Anne
Haraksin, Administrative Assistant.
2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:46
p.m. in the Auditorium of the South Coast Air Quality Management District, 21865
E. Copley Drive, Diamond Bar, Califomia.
CA/Jenkins announced that no reportable actions were taken on the matters
discussed in Closed Session.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Captain
Richard Martinez, Walnut Sheriffs Department.
INVOCATION: The Invocation was given by Dr. James Price,
Diamond Canyon Christian Church.
ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor
Pro Tem O'Connor, Mayor Chang.
Also present were: Terrence L. Belanger, City Manager; Mike
FEBRUARY 2, 1999 PAGE 2 CITY COUNCIL
Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy
Public Works Director; Bob Rose, Community Services Director; Mike Nelson,
Communications & Marketing Director, Linda Magnuson, Finance Director and
Lynda Burgess, City Clerk.
APPROVAL OF AGENDA: Approved as presented.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
None scheduled.
4. PUBLIC COMMENTS: Bob Stevens, Owner of Trinity Board Shop,
spoke in support of construction of a skateboard park. He pledged a $5,000
donation toward its development.
Dr. Lawrence Rhodes spoke about his native American Indian heritage and its
symbols.
Gail Pacheco, Walnut Educational Foundation, announced that the South Point
Middle School's wind ensemble, consisting of the top 6th, 7th and 8th grade
students, has been invited to perform at Carnegie Hall on May 23, 1999. This is an
historic event because no other middle school has been invited to perform at
Carnegie Hall. She invited the City and members of the community to join the
Educational Foundation in sponsoring the Ensemble. Checks may be made
payable to the Walnut Educational Foundation - Carnegie Hall.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - Tuesday, February 9, 1999 - 7:00 p.m.,
SCAQMD Auditorium, 21865 E. Copley Dr.
5.2 COMMUNITY CENTER/CIVIC CENTER TASK FORCE - Wednesday,
February 10, 1999 - 6:30 p.m., SCAQMD Room CC -2, 21865 E. Copley Dr.
5.3 TRAFFIC & TRANSPORTATION COMMISSION - Thursday, February 11,
1999 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.4 PRESIDENT'S HOLIDAY - Monday, February 15, 1999 - City Offices will be
closed and will reopen on Tuesday, February 16, 1999.
6. CONSENT CALENDAR: C/Herrera moved, C/Huff seconded, to approve
the Consent Calendar, with the exception of Item No. 6.4 Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
FEBRUARY 2, 1999 PAGE 3 CITY COUNCIL
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES - Study Session January 19, 1999 - As submitted.
6.2 APPROVED VOUCHER REGISTER dated February 2, 1999 in the amount
of $986,648.48.
6.3 AWARDED PROFESSIONAL DESIGN SERVICES AND PROFESSIONAL
CONSTRUCTION ADMINISTRATION/INSPECTION SERVICE
CONTRACTS FOR THE 98-99 CDBG HANDICAP ACCESS RAMPS
PROJECTS - to Dewan, Lundin & Assoc. in an amount not to exceed
$14,390 and authorized a contingency of $2,000 for contract amendments
to be approved by the City Manager, for a total authorization of $16,390.
6.5 AUTHORIZED THE CITY MANAGER TO APPROVE ADDITIONAL
PURCHASE ORDERS FOR ON-CALL SOILS AND GEOTECHNICAL
ENGINEERING SERVICES OF KLEINFELDER, INC. FOR EXISTING
PROJECTS - from existing developer deposit accounts to continue the pre -
October 6, 1998 assignments for on-call soils and geotechnical engineering
services of Kleinfelder, Inc. in an amount not -to -exceed $39,153 through FY
99-2000.
6.6 AUTHORIZED ADDITIONAL PROFESSIONAL SERVICES FOR REMEDY
TEMPORARY SERVICES - in an amount not to exceed $11,020.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.4 AWARD OF PLAN CHECKING SERVICES FOR VESTING TENTATIVE
MAP NO. 52267 (SUNCAL) IMPROVEMENT PLANS AND FINAL MAP -
SunCal properties has submitted grading improvement plans, soils reports,
street improvements plans, storm drain plans, sewer plans and final map for
plan check.
Following discussion, C/Ansari moved, C/Herrera seconded, to award plan
checking services for Vesting Tentative Map No. 52267 to Charles Abbot
Assoc. in an amount not to exceed $57,605.42. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
MlChang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS: None
FEBRUARY 2, 1999 PAGE 4 CITY COUNCIL
8. OLD BUSINESS:
8.1 SECOND READING OF ORDINANCE NO. 01(1999): AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A
SUBDIVISION ORDINANCE AND AMENDING THE DIAMOND BAR
MUNICIPAL CODE - A subdivision of land for the purpose of sale, lease or
finance is governed by the California Subdivision Map Act. Upon
incorporation, the City adopted the L.A. County Subdivision Code to guide
citizens, developers and decision makers through the process of land
subdivision. An ordinance has been specifically tailored for the City.
Council concluded its Public Hearing review and approved first reading of
the Ordinance, as amended, on January 5, 1999.
C/Ansari moved, C/Huff seconded, to approve second reading and adopt
Ordinance No. 01(1999): An Ordinance of the City Council of the City of
Diamond Bar adopting a Subdivision Ordinance and Amending the Diamond
Bar Municipal Code. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.2 AMENDMENT TO AGREEMENT FOR CITY MANAGER SERVICES AND
PROVIDING FOR A SALARY INCREASE - Continued from January 19,
1999. Based upon the recent performance evaluation of the City Manager,
Council has proposed a salary increase for the City Manager. The increase
is for 5% step increase from Step D to Step E, which is from $8,056 to
$8,458.80 per month effective July 1, 1998.
C/Herrera moved, MPT/O'Connor seconded, to approve an amendment to
the agreement with Terrence L. Belanger for City Manager services to
increase salary in the amount of 5% from Step D to Step E, (from $8,056 to
$8,458.80) per month effective July 1, 1998 and authorizing the Mayor to
execute the amendment. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9. NEW BUSINESS:
9.1 RESOLUTION NO. 99-03: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING TEMPORARY PARKING ON
WEDNESDAYS FROM 8:30 A.M. TO 12:30 P.M. AND FROM 6:45 P.M. TO
FEBRUARY 2, 1999 PAGE 5 CITY COUNCIL
9:45 P.M. ON SOUTHBOUND DIAMOND BAR BOULEVARD BETWEEN
100 FEET SOUTH OF CROOKED CREEK DRIVE AND THE NORTHERLY
DRIVE APPROACH OF THE EVANGELICAL FREE CHURCH OF DIAMOND
BAR FOR THE DURATION OF THE CHURCH'S CONSTRUCTION PERIOD
UP TO MARCH, 2000 - On January 14, 1999, the Traffic & Transportation
Commission discussed and recommended that Council approve temporary
parking on Wednesday from 8:30 a.m. to 12:30 p.m. and from 6:45 p.m. to
9:45 p.m. on southbound D.B. Blvd. between 100 feet south of Crooked
Creek Dr. and the northerly drive approach of the Evangelical Free Church
of D.B. for the duration of the church's construction period --up to March,
2000 --in order to accommodate attendees of the Women's Ministry.
Ron Clark, representing the Evangelical Free Church, asked for Council's
support of Resolution No. 99-03.
Following discussion, C/Huff moved, C/Ansari seconded, to adopt Resolution
No. 99-03 approving temporary parking on Wednesdays on southbound D.B.
Blvd. Between 100 feet south of Crooked Creek Dr. and the northerly drive
approach of the Evangelical Free Church of D.B. for the duration of the
church's construction period up to March 2,000. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS — Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
AYES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9.2 RESOLUTION NO. 99-04: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF A
STOP SIGN AT THE INTERSECTING LEG OF BOWCREEK DRIVE AT
PANTERA DRIVE - On November 12, 1998, the Traffic & Transportation
Commission discussed and recommended the installation of a stop sign at
the intersecting leg of Bowcreek Dr. at Pantera Dr. The intent of this sign is
to encourage motorists on Bowcreek Dr. to come to a complete stop when
approaching Pantera Dr. The Commission also requested that a multi -way
stop sign warrant analysis be conducted at this intersection. Staff will be
presenting the results of the study at a later Commission meeting and the
recommendation will be forwarded to Council for final determination.
Following discussion, C/Huff moved, C/Herrera seconded, to adopt
Resolution No. 99-03 approving installation of multi -way stop signs at the
intersecting leg of Bowcreek Drive and Pantera Drive, as amended. Motion
carried by the following Roll Call vote:
FEBRUARY 2, 1999 PAGE 6 CITY COUNCIL
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City
Council Meeting to the Redevelopment Agency Meeting at 7:38 p.m.
RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council
meeting at 7:48 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER
COMMENTS: C/Huff reported that on January 20, 1999, the Civic Center/Community
Center Task Force held its second meeting. On January 22, he attended the State of the
City presentation. There are a number of very positive things occurring in the City. He
was pleased that D.B.'s image has greatly improved which he felt was attributable to
quality Council Members. He spoke about the January 25 Four Comers meeting and the
ongoing SCAG-funded area traffic study. He asked that consideration of a Skateboard
Park be agendized for a future meeting. He stated that it was a pleasure for him to serve
as a judge for the Walnut Valley Rotary this morning and felt that the community should
do all that it can to encourage the City's youth to participate in music and sports.
C/Ansari reported that she and C/Huff recently held a Redevelopment Subcommittee
meeting. She stated that she was unable to attend the Mayor's breakfast because she was
in Sacramento with the Water Quality Committee viewing the Delta's ecosystem and its
effect on the water system. The Friends of the Library Wine Tasting Soiree is scheduled
for Sunday, April 25, 1999 from 3:00 p.m. to 6:00 p.m. Tickets are $25. She stated that
the YMCA will hold a fundraiser. She asked citizens to participate in fundraising events.
She encouraged residents to view the Sycamore Canyon Park riparian habitat mitigation
measures that are in process. She requested that the Dial -A -Ride Program be placed on
the agenda for discussion and evaluation. She requested that Council consider a City
owned nursery at the back of Sycamore Canyon.
C/Herrera stated that three individuals died as a result of a January 21 traffic accident in
the City. A fund has been established for the Pedrosa family at Pomona First Federal.
The account number is 800465932. She expressed her appreciation and gratitude for the
Sheriffs Departments successful search for the two lost boys yesterday in the Sycamore
Canyon Park area. She reported on her participation in the League of Cities Leadership
Planning Workshop. She asked the Council Members to provide her with ideas for
speakers and workshops and how the League of Cities could better serve D.B. She
reported that on January 26, the Chino Hills City Council unanimously approved the Tres
Hermanos Joint Powers Agreement. As a result, it is the first time that D.B. will participate
in planning with a neighboring City.
FEBRUARY 2, 1999 PAGE 7 CITY COUNCIL
MPT/O'Connor spoke about the January 9 Civic Center/Community Center Task Force
field trip. Members visited neighboring cities and viewed a variety of different types of
centers. The invited residents to participate in the open task force meetings. On
Saturday, February 6, Diamond Bar High School will hold a College Seminar from 2:00
p.m. to 4:00 p.m. On Friday, February 12, the Chamber of Commerce will hold its Gala
Auction and Dinner. Contact the Chamber at 595-5222 for further information. She
reminded residents that the City's 10th Anniversary Celebration will be held on Sunday,
April 18. She encouraged all organizations to contact the City and become involved in the
festivities. She echoed C/Huffs request for reconsideration of a Skateboard facility. She
asked the Mayor and Council to consider setting up a Census 2000 Committee at this time.
She encouraged citizens to participate in the Girl Scout's cookie sale which is the major
fundraiser for the organization.
M/Chang thanked the Civic Center/Community Task Force members for their efforts and
contributions. He said he is encouraged by the group's enthusiasm. He thanked the 120
residents who participated in the State of the City breakfast meeting. He thanked the
Chamber of Commerce and St. Denis Church for co -hosting the breakfast. He stated his
appreciation to the Sheriffs Department for their efforts in searching for the two lost boys.
11. ADJOURNMENT: There being no further business to come before the City Council,
M/Chang adjourned the meeting at 8:12 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 19, 1999
400
CLOSED SESSION: Called to order at 5:00 p.m. in Room CC -8 of the
South Coast Air Quality Management District Building.
a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(California Government Code Section 54956.9(a) relating to the matter
Barbara Beach Courschene, et al vs. Diamond Bar Redevelopment Agency,
Case No. BC 175655.
b) CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(California Government Code Section 54956.9(b) relating to the matter The
Dolezal Co. vs. City of Diamond Bar, Case No. KC09327 and Dolezal Family
Trust vs. City of Diamond Bar, Case No. KS005104.
STUDY SESSION: Called to order at 5:44 p.m. in Room CC8 of the
South Coast Air Quality Management Building for discussion of Goals and
Objectives for 1999-2000
2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:45
p.m. in the Auditorium of the South Coast Air Quality Management District, 21865
E. Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Bill Coker,
D.D.S.
INVOCATION: The Invocation was given by Reverend Ted
Meyers, Shepard of the Hills Lutheran Church.
ROLL CALL: Council Members Ansari, Herrera, Huff, Mayor
Pro Tem O'Connor, Mayor Chang.
Also present were: Terrence L. Belanger, City Manager; Amanda Susskind,
Assistant City 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, City Clerk.
APPROVAL OF AGENDA: At the request of CM/Belanger, Consent Calendar
Item 6.7 was continued to the next meeting and Item 9.3 was moved forward
following Public Comments.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Jeff Lowe, D.B. Rotary Club Treasurer, presented a check in the amount of
$2,000 to the City to be used toward the purchase of furniture, fixtures or
equipment for the Pantera Park Concession Stand.
JANUARY 19, 1999 PAGE 2
BUSINESS OF THE MONTH:
3.2 Presented City Tile to Dr. Bill Coker, D.D.S.
4. PUBLIC COMMENTS: Martha Bruske stated that, with respect to Consent
Calendar Item No. 6.3, she is happy that the City will be doing the slurry seal work.
However, the paving materials used are very noisy. She expressed concern about
the lack of traffic control and speed limit signs on Great Bend Dr. She pointed out
that a school traffic problem exists on the frontage road adjacent to D.B. Blvd. near
Kidd Dr. With respect to Consent Calendar Item No. 6.5, she asked for an
explanation of the Habitat Mitigation Project at Sycamore Canyon Park.
CM/Belanger stated that as a condition of approval of Tentative Tract Map No.
32400, a requirement was imposed upon the developer for replication in another
area of a riparian habitat that was going to be destroyed as a result of that project.
Sycamore Canyon was selected for the replication which is currently under way.
Martha Bruske spoke about Consent Calendar Item No. 6.7 which was continued
to February 5, 1999. She asked what Council expects in return for salary increases
and expressed concern about the lack of code enforcement. She asked if the City
is going to ignore the serious traffic problems around the schools or if the City
Manager is expected to take action regarding this matter. She asked if either the
Council or the City Manager will act with respect to neighborhood sheriffs patrol.
Clyde Hennessee asked for an explanation of Consent Calendar Item No. 6.6 and
6.7. He expressed concern about providing salary increases in light of the fact that
the City will suffer a loss of income within the next year.
Al Rumpilla asked for clarification of parking regulations. He said that the Off -Site
Task Force asked for increased enforcement of existing laws, not new laws.
Further, he felt that salary increases for City employees and Council Members
should not exceed the cost of living amount that is awarded to Social Security
recipients.
Dr. Lawrence Rhodes asked when he would get his impounded dogs back from the
Inland Valley Humane Society.
Responding to MPT/O'Connor, CM/Belanger explained the events surrounding the
impounding of Dr. Rhode's dogs and stated that the City has no authority over the
L.A. County Court.
5. SCHEDULE OF FUTURE EVENTS:
5.1 COMMUNITY CENTER/CIVIC CENTER TASK FORCE - January 20, 1999,
5.2 630 p.m., SCAQMD, 21865 E. Copley Dr.
JANUARY 19, 1999 PAGE 3
5.3 HAZARDOUS WASTE ROUNDUP - January 23, 1999 - 9:00 a.m. - 3:00
p.m., Mt. San Antonio College Gate W., 100 N. Grand Ave., Walnut.
5.3 PLANNING COMMISSION - January 26, 1999 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.4 PARKS & RECREATION COMMISSION MEETING - January 28, 1999 - 7:00
p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - February 2, 1999 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
9. NEW BUSINESS:
9.3 PROPOSED AMENDED TRES HERMANOS CONSERVATION AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT - This undeveloped and
unplanned property is the largest land remaining within D.B. The property
is also one of the largest, single owner parcels remaining in Chino Hills.
Because of the proximity of the property to each city, planning and
conservation is most appropriately a cooperative and coordinated effort. To
that end, the respective subcommittees of the Councils of Chino Hills and
D.B. promulgated a Draft Tres Hermanos Conservation Authority joint
exercise of powers agreement. In May, 1998, the D -B. Council approved a
draft of the proposed agreement. Following review by both City Attorneys,
an amended agreement was prepared. The purpose of the agreement is to
provide for land use, transportation and impact mitigation planning and
environmental conservation for the entirety of the Tres Hermanos Ranch
property. Each member City would have two representatives on the THCA
governing board. The City of Industry/Industry Urban Development Agency
indicated that it does not wish to be a member of the joint powers authority.
Instead, Industry indicated that it would participate in the planning process
through a Memorandum of Understanding. Funding would be on an "as
needed" basis contingent upon active studies, analyses, reports and other
activities that the THCA deems necessary. The member cities would fund
activities as appropriate.
Clyde Hennessee expressed concern that the City of Industry is not willing
to join the JPA and felt that a Memorandum of Understanding with Industry
would be meaningless.
Following discussion, C/Huff moved, C/Herrera seconded, to approve the
amended Tres Hermanos Conservation Authority Joint Exercise of Powers
Agreement and direct the Mayor to execute the agreement on behalf of the
City. Motion carried by' the following Roll Call vote:
JANUARY 19, 1999 PAGE 4
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
Ed Graham, Chino Hills Council Member concurred with C/Herrera and
C/Huff that there has been a wonderful working relationship with members
of the ad-hoc committee. He stated that he did not have a problem with the
City of Industry staying out of the JPA because he considered them to be
more of a landowner than a City equal.
6. CONSENT CALENDAR: C/Huff moved, C/Ansari seconded, to approve the
Consent Calendar with the exception of Items No. 6.5 and No. 6.7. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES. -
6. 1.1
INUTES:
6.1.1 Regular Meeting of December 15, 1998 - as corrected.
6.1.2 Study Session of January 5, 1999 - as corrected.
6.1.3 Regular Meeting of January 5, 1999 - as corrected.
6.2 APPROVED VOUCHER REGISTER dated January 19, 1999 in the amount
of $136,395.54.
6.3 APPROVED CONTRACT AMENDMENT FOR GFB-FRIEDRICH &
ASSOCIATES FOR ENGINEERING SERVICES FOR AREA 1 SLURRY
SEAL PROJECT - for design services in an amount not to exceed $22,118.
6.4 APPROVED INCREASE OF AUDIT CONTRACT WITH CONRAD AND
ASSOCIATES FOR SUPPLEMENTAL AUDIT SERVICES IN THE AMOUNT
OF $2,854 - for additional services related to impound fees, transit revenues,
senior/community activities and recreation and planning fees.
6.6 APPROVED BUDGET ADJUSTMENT FOR BUILDING & SAFETY
SERVICES - increasing revenues by $330,000 and expenditures by
$198,000.
6.7 AMENDMENT TO AGREEMENT FOR CITY MANAGER SERVICES AND
PROVIDING FOR A SALARY INCREASE - continued to February 2, 1999.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
JANUARY 19, 1999 PAGE 5
6.5 AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BRANDMAN ASSOCIATES REGARDING MITIGATION
MONITORING SERVICES FOR TM NO. 32400 — To amend the existing
consulting services agreement with Michael Brandman Associates in order
to provide mitigation monitoring services for the habitat mitigation project at
Sycamore Canyon Park.
Following discussion, C/Herrera moved, C/Ansari seconded, to approve an
amendment with Michael Brandman Associates in the amount of $18,350.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS:
MPT/O'Connor moved, C/Herrera seconded, to discuss Agenda Items 7.1 B and C
prior to discussion of Item 7.1A. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.1 B) SECOND READING OF ORDINANCE NO. 02(1999): AN ORDINANCE OF
THE CITY OF DIAMOND BAR ESTABLISHING A PERMIT SYSTEM FOR
THE PARKING OF UNATTACHED TRAILERS AND SEMITRAILERS AND
AMENDING SECTION 10.16.190 OF THE DIAMOND BAR MUNICIPAL
CODE
Armando Zamacona spoke against charging residents for parking permits.
C/Huff moved, C/Herrera seconded to waive full reading and adopt
Ordinance No. 02(1999), as amended. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C) SECOND READING OF ORDINANCE NO. 03(1999): AN ORDINANCE OF
THE CITY OF DIAMOND BAR CREATING PREFERENTIAL PARKING
DISTRICT NUMBERS ONE AND TWO AND AMENDING THE MUNICIPAL
JANUARY 19, 1999 PAGE 6
CODE IN ACCORDANCE THEREWITH
Clyde Hennessee was against charging residents a fee to park and
recommended that a free permit system should be established.
C/Ansari moved, C/Herrera seconded, to waive full reading and adopt
Ordinance No. 03(1999), as amended. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
A) PUBLIC HEARING - RESOLUTION NO. 99-01: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FEES FOR
PREFERENTIAL PARKING AND TWENTY-FOUR HOUR PARKING
PERMITS
M/Chang opened the Public Hearing.
Al Rumpilla requested that permits be issued at no charge to the residents.
Jean Witzman said she is against charging residents for parking permits and
that residents should not have to pay for visitors to be able to park in front
of her home.
Clyde Hennessee complained about staffs use of comparisons with other
cities to justify their recommendations. He felt that the costs to the City are
nominal and that the City should give parking permits to the residents at no
charge.
C/Huff recommended a free two or three year permit and a free temporary
parking permit. He recommended that the fee for parking unattached trailers
or boats for outfitting be $2 to $3 for a 24-hour period. He also
recommended that the permit revocation appeal be increased from $30 to
$50.
MPT/O'Connor recommended charging only for unattached trailers or boats
and not for residential parking.
There being no further testimony offered, M/Chang closed the Public
Hearing.
Moved by C/Herrera, seconded by C/Huff to adopt Resolution No_ 99-01
setting fees for preferential parking and 24-hour parking permits. Motion
JANUARY 19, 1999 PAGE 7
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.2 PUBLIC HEARING - RESOLUTION NO. 99-02: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
FISCAL YEAR 1999-2000 - The City scheduled a Public Hearing to discuss
programs and allocation of Community Development Block Grant (CDBG)
funds. The City will receive $372,858 in federal funds as a participant in the
1999-2000 L.A. Urban County CDBG program. In addition, the City has
$29,764 in unallocated funds, for a total allocation of $402,622. The funds
may be used for a variety of Community Development activities for
development of a viable urban community, principally for persons of low- and
moderate -income levels. The City may only allocate 15% or $55,929 of its
FY 99-2000 allocation toward community public service programs.
M/Chang opened the Public Hearing.
Following presentations by various groups requesting funding and there
being no further testimony offered, M/Chang closed the Public Hearing.
Moved by C/Herrera to provide $5,000 for the Center for Independent Living
and reduce the City's Senior Program by $5,000 and recommend that Project
Sister be funded through the COPs program. Motion failed for lack of a
second.
MPT/O'Connor moved, C/Huff seconded, to adopt Resolution No. 99-02
approving the City's CDBG program for FY 99-2000, authorize the City
Manager to execute all CDBG documents, remove $50,000 from Minnequa
Landslide and add those funds to the Community Center/Civic Center
Project. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor, M/Chang
NOES:
COUNCIL MEMBERS - Ansari
ABSENT:
COUNCIL MEMBERS - None
8. OLD BUSINESS:
8.1 SECOND READING OF ORDINANCE NO. 01(1999): AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A
SUBDIVISION ORDINANCE AND AMENDING THE DIAMOND BAR
MUNICIPAL CODE - A subdivision of land for the purpose of sale, lease or
JANUARY 19, 1999 PAGE 8
finance is governed by the California Subdivision Map Act. Upon
incorporation, the City adopted the L.A. County Subdivision Code to guide
citizens, developers and decision -makers through the process of land
subdivision. An ordinance has been specifically tailored for the City.
Council concluded its Public Hearing review and approved first reading of
the Ordinance, as amended, on January 5, 1999. Upon recommendation of
staff, this matter was continued to February 2, 1999.
8.2 APPROVAL OF ANIMAL CONTROL CONTRACT WITH INLAND VALLEY
HUMANE SOCIETY FROM JANUARY 1, 1999 THROUGH JUNE 30, 2000
- The City contracts with the Inland Valley Humane Society to provide animal
control services. Council reviewed an amendment to the contract on
December 15, 1998 and directed staff to develop an Agreement and provide
further information. A proposed Agreement for 18 months was prepared with
an increased contract amount in monthly billings by $402.75/month. The
increase provides for full-time health care staff consisting of a licensed
veterinarian and registered veterinarian technician and provides for 1.2%
cost of living increase for all staff for the 97-98 year. The termination clause
remains as a required 90 -day notice prior to conclusion of the contract. The
Inland Valley Humane Society is a non-profit organization which develops
its annual budget based upon the prior year's service level to the nine
agencies that contract for service. Therefore, the Humane Society Board of
Directors will not alter termination procedures in the City's Agreement -
Continued from January 15, 1999.
Janet Clark, Inland Valley Humane Society volunteer and resident of D.B.,
spoke in support of the Society's program.
Dr. Lawrence Rhodes said he would prefer to use L.A. County Animal
Control Services.
MPT/O'Connor requested that staff update the City's Animal Control
Ordinance as requested by the Humane Society.
M/Chang requested that the Humane Society provide the City with a barking
code as soon as possible.
C/Ansari requested that the Humane Society conduct a customer satisfaction
survey.
C/Ansari moved, MPT/O'Connor seconded, to approve an agreement for
Animal Control Services with the Inland Valley Humane Society for 18
months and authorize the mayor to execute the contract. Motion carried by
the following Roll Call vote:
JANUARY 19, 1999 PAGE 9
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.3 A) FINANCE DEPARTMENT REORGANIZATION - The City recently
received notification from the Senior Accountant of her decision to
leave the City's employment. With this occurrence, City Management
took the opportunity to look at the Finance Department organization
and propose changes to assist and improve the department.
B) RESOLUTION NO. 96-531-1: RESOLUTION OF THE CITY OF
DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER
REGULATIONS.
Following discussion, MPT/O'Connor moved, C/Ansari seconded, to
amend the FY 98-99 Municipal Budget Personnel Summary to
authorize the positions of Finance Director, Accountant II and Senior
Account Clerk and delete authorizations for Assistant Finance
Director, Senior Accountant and Administrative Intern. Further, to
adopt Resolution No. 96-53H setting forth Personnel Rules and
Regulations regarding the payment of salaries, sick leave, vacations,
leaves of absences and other regulations which adds the position of
Finance Director, Accountant II and Senior Account Clerk to the
salary chart. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.4 RESOLUTION NO. 91-72D: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72C
PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS
UPON CITY FUNDS - Resolution No. 91-72C authorized the Mayor,
Treasurer and the Assistant Finance Director to sign City warrants and
checks. Resolution No. 91-72D changes the position of Assistant Finance
Director to Finance Director as an authorized signer of warrants and checks.
MPT/O'Connor moved, C/Huff seconded, to adopt Resolution No. 91-72D
prescribing a method of drawing warrants and checks upon City funds.
Motion carried by the following Roll Call vote:
JANUARY 19, 1999 PAGE 10
AYES: COUNCIL MEMBERS - Ansari, Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9. NEW BUSINESS:
9.1 CONSIDERATION OF A POLITY TO INSTALL SPANNER BANNERS - The
City currently utilizes vertical banners posted on utility poles to advertise
community events such as Concerts in the Park and the City Anniversary
Celebration. At its meeting on June 25, 1998, the Parks & Recreation
Commission reviewed the effectiveness of this type of advertising. Their
conclusion was that the vertical banners are not large enough to be read
and, therefore, are an ineffective method to advertise community events.
The commissioners noted that other cities in the area utilize banners that
span the boulevard (therefore, the term "spanner banner"), and that these
are much easier to read. The Commission then voted to recommend to
Council the installation of four sets of poles on which to post banners to
advertise community events.
Martha Bruske objected to this proposal. She believed that there is sufficient
public participation at city sponsored events and that spanner banners are
"tacky."
Jeff Koontz said that the Chamber of Commerce is a proponent of spanner
banners because events deserve advertising. He believed that spanner
banner poles present an excellent opportunity for housing telecommuni-
cations facilities and would help defer the cost of the poles and banners.
M/Chang asked staff to solicit participation by the telecommunications
companies to help defer the costs involved with the placement of spanner
banners and poles.
Following discussion, MPT/O'Connor moved, C/Ansari seconded, to approve
a policy to install spanner banners and direct staff to release an RFP to
obtain an engineer to design plans and specifications and develop policies
regarding utilization of spanner banners.
Motion carried by the following Roll Call vote.-
AYES-
ote:
AYES: COUNCIL MEMBERS - Ansari, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - Herrera, Huff
ABSENT: COUNCIL MEMBERS - None
C/Huff stated he supported the concept; however, he believed the study
should be conducted within the current fiscal year and that the project, if
JANUARY 19, 1999
PAGE 11
agreed upon, should be done within the next fiscal year.
9.2 CONSIDERATION OF RE -PRIORITIZING CONSTRUCTION OF A
SKATEBOARD PARK - The Parks Master Plan list of priorities for Capitol
Improvement Projects (C.I.P.) states that a skateboard park should be built
in the City by FY 2007/2008. The Parks & Recreation Commission recently
received a petition containing 160 signatures requesting that the priority of
a skateboard park be raised. The Commission reviewed this request at their
December 17, 1998 regular meeting, which was attended by about 30
supporters of a skateboard park. After reviewing the issue and receiving
public testimony, the Commission voted to recommend that design work for
such a park should start immediately and that construction should be
completed during FY 99/2000.
Martha Bruske objected to this proposal and asked where such a park would
be located in the City.
Allen Wilson expressed concern that there would not be a need for such a
facility in the future.
Annette Finnerty, Parks & Recreation Commissioner, stated that the
Commission has received requests for a skateboard park for a number of
years. The City provides for many other youth groups and this group is short
changed because they do not belong to an adult organized sport. She
pointed out that there is a vacant area that was not developed within Pantera
Park that would adequately support this type of facility. She stated that the
youth who appeared before the Parks & Recreation Commission indicated
they were willing to organize fundraising events to help pay for the park.
She believed the City has a responsibility to provide a safe haven for this
sport.
Following discussion, C/Ansari moved, C/Huff seconded, to re -prioritize the
construction of a skateboard park to FY 99/2000 from 2007/2008 in the
Parks Master Plan and allocate funds in current FY 98/99 budget to
immediately fund the design. Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff
NOES: COUNCIL MEMBERS - Herrera, MPT/O'Connor, M/Chang
ABSENT: COUNCIL MEMBERS - None
RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City
Council Meeting to the Redevelopment Agency at 11:39 p.m.
RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council
meeting at 11:42 p.m.
JANUARY 19, 1999 PAGE 12
10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER
COMMENTS: MPT/O'Connor requested that the meeting be adjourned in
memory of Mayor Chang's mother who recently passed away. Council Members
expressed their condolences.
11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned
the meeting at 11:45 p.m. in memory of his mother.
LYNDA BURGESS, City Clerk
ATTEST:
Mayor
E
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION 1)1?4�r4r
1999-2000 GOALS AND OBJECTIVES
FEBRUARY 2, 1999
CITY COUNCIL CALL TO ORDER: Mayor Chang called the meeting to
order at 5:44 p.m. in the South Coast Air Quality Management District, Room CC -8,
21865 E. Copley Drive, Diamond Bar, California.
ROLL CALL: Council Members Ansari, Herrera,
Huff, Mayor Pro Tem O'Connor and Mayor Chang.
Also present were: Terrence L. Belanger, City Manager; Mike
Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy
Public Works Director; Bob Rose, Community Services Director; Mike Nelson,
Communications & Marketing Director, Linda Magnuson, Finance Director; Lynda
Burgess, City Clerk, Kellee Fritzal, Assistant to the City Manager and Anne
Haraksin, Administrative Assistant.
3. GOALS FOR 1999-2000:
M/Chang thanked ACM/Fritzal for preparing the list for discussion.
CM/Belanger explained that the "1 through 24" list is in order of preference
expressed by Council.
C/Huff recommended that the list be consolidated by making certain items sub
categories. For example, several items belong in the Economic Development
Category such as, Prioritize Redevelopment Project Area. He expressed concern
over the item "Acquire Property for a Civic Center." Since the Council does not yet
have a location, shouldn't the matter be considered after the Task Force makes a
recommendation.
C/Herrera believed that once the Task Force makes a recommendation, this item
will be moved to its proper priority status_
M/Chang concurred with C/Huff that the items should be grouped into
subcategories and that following the Council meeting, he and MPT/O'Connor will
clean up the list.
MPT/O'Connor believed that some of the 99-2000 goals are very similar to prior
goals. She asked if it is the Council's intent to mesh the two lists together to create
the 99-2000 goals or will the 98-99 goals be held open and make new goals for 99-
2000.
Following discussion, Council concurred to combine the 98-99 and 99-2000 lists
FEBRUARY 2, 1999 PAGE 2 COUNCIL STUDY SESSION
and create a new list with subcategories.
C/Herrera asked which list of goals will next year's City Manager Evaluation be
based upon.
The Council concurred to base the City Manager's Evaluation on the integrated 99-
2000 list.
M/Chang recommended that staff be expanded to include secretarial duties to
assist the Council with correspondence.
CM/Belanger stated that most of the correspondence consists of responses from
specific departments.
MPT/O'Connor believed that Council should be given a copy of responses by staff
when initial inquiries have been addressed to Council.
CM/Belanger stated that with a "cc: City Council," the person who receives the letter
will know that Council has been advised.
C/Huff asked if it is feasible to provide a list of responses to inquiries on a monthly
basis.
The Council concurred that Items 7, 8 and 9 should be consolidated
C/Herrera asked for an explanation of each item from the person who initiated the
item in order to provide a more accurate ranking.
CM/Belanger explained the schedule for monthly and bi-monthly newsletters.
C/Huff envisioned a newsletter being typed upon the advisement of the City
Manager to inform the public on an as -needed basis similar to the type of newsletter
produced by the City of Walnut. He suggested the City produce a document similar
to the a -news that would be available through the web or by mail upon request.
C/Herrera suggested that copies of newsletters be placed at various locations
throughout the City for distribution to the public.
CM/Belanger stated that the current practice is to over print.
C/Herrera felt the public might appreciate something simpler than a slick, glossy
production that demonstrates the City's effort to communicate to the public what is
occurring. If copies are placed at key locations throughout the community, it further
demonstrates the effort to inform and communicate.
M/Chang liked the idea of producing a newsletter six times a year in conjunction
FEBRUARY 2, 1999
PAGE 3 COUNCIL STUDY SESSION
with the recreation guide. Most of his constituents are not aware the City produces
a newsletter and they do not read it. He suggested that the newsletter be printed
two-sided folded (four pages) on different colored paper and inserted into the
recreation guide, which will save printing charges and postage.
C/Ansari suggested that the City send a list of Council Actions to the
Walnut/Diamond Bar Weekly every two weeks.
C/Herrera believed that the editor of the Walnut/Diamond Bar Weekly has someone
covering Council meetings.
2. ADJOURNMENT: There being no further business to conduct, Mayor Chang
adjourned the Study Session at 6:31 p.m. to the regular City Council Meeting.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
NOVEMBER 12, 1998
CALL TO ORDER:
Chair Leonard -Colby called the meeting to order at 7:10 p.m. at the South Coast Air Quality
Management District Hearing Board, 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 Commissioner Istik,
Lin and Virginkar.
Also Present were: David Liu, Deputy Director of Public Works; Tseday Aberra,
Administrative Assistant, Rose Manela, Assistant Engineer and Lt.
Stothers.
I. APPROVAL OF MINUTES:
A. Minutes of the Regular Meeting of October 13, 1998.
VC/Morris moved, C/Lin seconded, to approve the regular meeting minutes of
October 13, 1998 as presented. Motion carried 3-0-2 with the following Roll Call
vote:
AYES:
COMMISSIONERS:
Lin, VC/Morris, Chair/Leonard-Colby
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Istik, Virginkar
ABSENT:
COMMISSIONERS:
None
H. COMMISSION COMMENTS:
DDPW/Liu responded to C/Lin that the 90 day traffic signalization project on Diamond
Bar Boulevard at Quail Summit Drive and Montefino Avenue commenced September 8,
1998 is anticipated to be completed prior to the end of December, 1998.
III. PUBLIC COMMENTS: None
IV. CONSENT CALENDAR:
A. Installation of a stop sign at the intersecting leg of Bowcreek Drive at Pantera
Drive.
NOVEMBER 12, 1998 PAGE 2
The recommended action is to concur with staffs recommendation to the City
Council for installation of a stop sign at the intersecting leg of Bowcreek Drive at
Pantera Drive.
C/Virginkar said he concurs with staffs recommendation. However, he believes
that the residents will ask for a three-way stop sign installation at the intersection
because of the fast moving traffic in the park area. He suggested that the
Commission consider an all -way stop at the intersection.
VC/Morris said he agrees with C/Virginkar that the Commission should consider
an all -way stop because of the rate of speed at which vehicles are traveling.
Pantera Drive is a long street absent devices to cause vehicles to slow down.
C/Istik agrees that traffic travels at a higher rate of speed on Pantera Drive than
posted. He said he is concerned that stop signs will not deter speeding vehicles
and that such an installation will create additional noise in a residential
neighborhood. He stated he believes speed humps would mitigate vehicle speed in
the area of the park.
VC/Morris stated he believes another reason to consider additional measures at
this time is because a school will be constructed in the immediate area next year
and the safety of the students is important.
C/Lin concurred with his fellow Commissioners that installation of multi -way stop
signs should be considered at this time.
DDPW/Liu stated that with respect to speed along Pantera Drive, the Sheriffs
Department has increased enforcement in the area. Staffs recommendation is in
accordance with mitigation measures permitted by the California Vehicle Code.
Following discussion, C/Istik moved, VC/Morris seconded, to concur with staff
and recommend to the City Council the installation of a stop sign at the
intersecting leg of Bowcreek Drive at Pantera Drive. Motion carried by the
following roll call vote:
AYES: COMMISSIONERS: Istik, Lin, Virginkar, VC/Morris,
Chair/Leonard-Colby
C/Virginkar moved, C/Istik seconded, to recommend that the City conduct a
warrant study for an all -way stop at Bowcreek Drive and Pantera Drive. Motion
carried by the following Roll Call vote:
NOVEMBER 12, 1998
AYES:
NOES:
ABSENT:
V. OLD BUSINESS:
PAGE 3
COMMISSIONERS: Istik, Lin, Virginkar, VC/Morris,
Chair/Leonard Colby
COMMISSIONERS: None
COMMISSIONERS: None
A. Longview Drive/Brookwood Drive traffic issues and concerns.
DDPW/Liu presented staffs report. Staff recommends that the Traffic and
Transportation Commission receive and discuss comments and concerns from
residents regarding the Longview Drive/Brookwood Drive intersection.
Nick Anis, 1125 Bramford Court, stated that he is not aware of any opposition to
the proposed installation. There is a great deal of concern for public safety. He
believes a stop sign installation would allow children the opportunity to more
safely cross the street.
Lt. Stothers responded to VC/Morris that he has not reviewed the intersection and
does not have any input at this time.
Lt. Stothers indicated to C/Istik that in general, speed is reduced in the vicinity of
stop signs. The problem is that vehicles resume speed very quickly when they
leave the area of the stop signs. To the extent that traffic is slowed at or near
those stop signs, it is effective.
Following discussion, C/Virginkar moved, VC/Morris seconded, to recommend to
the City Council the installation of a multi -way stop sign at the intersection of
Longview Drive and Brookwood Drive with 20 feet of red curbing along the west
side of Longview Drive south of Brookwood Drive. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Istik, Lin, Virginkar, VC/Morris,
Chair/Leonard-Colby
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
C/Virginkar moved, C/Lin seconded, to recommend that the City Council approve
a warrant study for a multi -way stop sign at the intersections of Eastgate Drive
and/or Thunder Trail. Motion carried by the following Roll Call vote:
NOVEMBER 12, 1998 PAGE 4
AYES: COMMISSIONERS: Istik, Lin, Virginkar, VC/Morris,
Chair/Leonard-Colby
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
VI. NEW BUSINESS:
A. Flashing Beacons in the Vicinity of School Areas.
AE/Manela presented staffs report. Staff recommends that the Traffic and
Transportation Commission review and discuss the CalTrans criteria for Flashing
Beacons.
C/Istik said he would prefer that the City pay the Sheriffs Department for
additional enforcement rather than install these devices which he believes are more
appropriate to rural communities rather than residential communities.
C/Virginkar stated that he believes the City should have an opportunity to evaluate
the effectiveness of the school study mitigation measures and not consider
placement of these types of devices at this time.
VC/Morris said he disagrees with previous comments. He thanked AA/Manela for
her report. He stated he does not see a correlation between the school traffic
study and what is occurring on Pathfinder Road, Golden Springs Drive and
Diamond Bar Boulevard. He recommended street striping and diamond shaped
signs that indicate 25 mph speed limit when lights are flashing. He asked that staff
provide information with respect to measures initiated by other cities.
DDPW/Liu responded to the Commission that staff would recommend that the
Sheriffs Department continue working with the schools toward traffic mitigation.
The Commission concurred to request staff to continue this matter to a future
meeting and provide the additional information requested.
VII. STATUS OF PREVIOUS ACTION ITEMS:
DDPW/Liu stated that at its October 20, 1998 meeting, the City Council approved multi -
way stop signs on Brea Canyon Road at Diamond Crest Lane and the prohibition of
vehicles over six feet high from parking within 100 feet of the Breckenridge
Court/Greenwich Court intersection as well as, Summitridge Drive at Breckenridge Court
intersection. Signs were installed approximately two weeks ago. To date, staff has
received no complaints.
NOVEMBER 12, 1998 PAGE 5
VIII. ITEMS FROM COMMISSIONERS:
C/Virginkar spoke about the parking permit used in Baltimore, Maryland. The Cities of
Pasadena and La Habra have similar systems.
C/Istik stated Jack and Wendy Tanaka mentioned to him some time back that since the
resurfacing of Grand Avenue, the botts dots seem to be generating additional noise in their
neighborhood.
Lt. Stothers agreed with VC/Morris that it would be productive for the Commission to
have a joint study session discussion of the City's enforcement procedures.
DDPW/Liu stated he would provide a copy of Captain Martinez's Off -Site Town Hall
Meeting presentation regarding enforcement to the Commissioners. He suggested that Lt.
Stothers make the presentation to the Commission at its next meeting.
AE/Manela responded to Chair/Leonard-Colby that the Planning Commission recently
approved construction of a full service hand car wash at the former Bank of America
building on Diamond Bar Boulevard east of Cold Springs Lane. A second car wash which
is not yet approved is proposed to be located on Grand Avenue near Diamond Bar Honda.
Chair/Leonard-Colby voiced concern about possible traffic problems on Diamond Bar
Boulevard as a result of the car wash.
IX. ITEMS FROM STAFF:
A. Presentation by AE/Manela regarding U-turns on west Goldrush Drive at Diamond
Bar Boulevard.
B. Presentation by Lt. Stothers regarding School Tragic Enforcement in the City of
Diamond Bar (attachment).
C. Monthly Traffic Enforcement Update: August, September and October, 1998.
Lt. Stothers presented the traffic enforcement updates for August, September and
October, 1998.
Responding to Chair/Leonard-Colby, DDPW/Liu gave a brief overview of the
November 7, 1998 Off -Site Parking Town Hall Meeting. He agreed to provide a
copy of the meeting minutes for the Commissioners information.
NOVEMBER 12, 1998 PAGE 6
X. INFORMATIONAL ITEMS:
A. Future Agenda Items as scheduled.
Following discussion, C/Istik moved, C/Lin seconded, to table the December
Traffic and Transportation Commission meeting. Motion carried 5-0.
B. Installation of "25 MPH" signs along Tin Drive.
DDPW/Liu stated that staff will conduct a site visit along Tin Drive and bring its
recommendations to the Commission with respect to signage at the January
meeting.
XI. SCHEDULE OF FUTURE CITY MEETINGS:
As presented in the agenda. Chair/Leonard-Colby requested that the joint City Council
Study Session minutes be presented for approval at the January meeting.
ADJOURNMENT:
There being no further business to come before the Traffic and Transportation Commission
Chair/Leonard-Colby adjourned the meeting at 9:45 p.m. to January 14, 1999.
Respectfully,
David G. Liu
Secretary
Attest:
/s/ Joyce Leonard -Colby
Joyce Leonard -Colby
Chair
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
HEARING BOARD ROOM OF S.C.A.Q.M.D.
21865 Copley Drive
DECEMBER 17, 1998
CALL TO ORDER:
Chairman Finnerty called the meeting to order at 7:04 p.m.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by Commissioner Pruitt.
ROLL CALL:
Present: Chairman Finnerty, Vice Chairman Nolan and Commissioners
Anis, Holder and Pruitt.
Staff: Bob Rose, Community Services Director and Wendy Bowman,
Community Services Supervisor.
MATTERS FROM THE AUDIENCE:
Royce Pruitt, 1302 Diamond Bar Boulevard, presented a petition to the Commission on behalf
of Quail Summit Elementary School Student Council requesting that the City pick up the dog
waste at Paul C. Grow Park.
Chair/Finnerty stated that this reaffirms what the Commission has heard about several sites in
town and what the Commissioners have witnessed during park inspections. People drive to
the park with their animals so that they will not have to clean up their yards. In order to get
people to be responsive, the City may have to impose a fine for failing to clean up after dogs
in the City's parks.
CSD/Rose stated that the Volunteer Patrol has reported that since the installation of signage
they are beginning to see people carrying bags to Peterson Park for the purpose of cleaning
up after their dogs. Replacement bags have been ordered to stock the currently empty
containers.
C/Pruitt stated that the photograph presented by Royce Pruitt is of the bag dispenser which is
placed a good distance away from the walkway and at a height that is unreachable by
DECEMBER 17, 1998 PAGE 2 PARKS & RECREATION COMMISSION
children. She said she believes that Paul C. Grow Park would be an ideal location for multiple
dispensers because the park is more accessible to children. She stated she believes that
additional signage should be placed on the fences in conjunction with the exercise equipment
signage which is at eye level.
Chair/Finnerty asked staff to consult with school officials to determine if they are amenable
to the placement of signage and containers on school property.
Richard Toombs, 760D N. Golden Springs Drive, spoke on behalf of the need for a doggie
park in the City of Diamond Bar and asked that consideration of such an area be included in
the Parks Master Plan. He presented a 3 minute video of a presentation previously made to
the City Council.
Chair/Finnerty pointed out that the City is struggling with its lack of park land.
CSD/Rose explained to VC/Nolan that Mr. Toombs previously presented this matter to the City
Council. The City Council in turn referred the matter back to the Parks and Recreation
Commission for further consideration. He pointed out that the Parks Master Plan contains a
"Special Facilities" item which includes a classification of pooch parks/bark parks. Staff has
acquired information regarding parks located in adjacent cities. However, this matter has not
yet been placed on a CIP or project priority list.
VC/Nolan stated that it seems reasonable that if people are prevented from walking their dogs
in the City's parks, there should be an alternative location made available.
CSD/Rose stated that Diamond Bar's Ordinance stipulates that dogs must be leashed while in
the parks. The motivation for other cities to construct dog parks is to provide a location for
dogs to be off -leash.
Thom Pruitt invited the Commissioners and staff to attend the Pop Warner Banquet on January
8, 1999.
CONSENT CALENDAR:
1.1 Approval of Minutes of November 19, 1998 - Regular Commission Meeting.
VC/Nolan requested that the public speaker's name on Page 2, paragraph 2 be
corrected to read Dave Oliver.
VC/Nolan moved, C/Pruitt seconded, to approve the minutes of November 19,
DECEMBER 17, 1998 PAGE 3 PARKS & RECREATION COMMISSION
1998 as corrected. Motion carried by the following vote:
AYES: COMMISSIONERS: Anis, Holder, Pruitt, VC/Nolan,
Chair/Finnerty
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
1.2 Transmittal of corrected Minutes of October 6, 1998 Joint Meeting with the
City Council and Parks & Recreation Commission.
2. INFORMATIONAL ITEMS:
2.1 Recreation Update
CSS/Bowman presented the recreation update.
2.2 Amendment to Recreation Services Contract with the City of Brea.
CSD/Rose presented staff's report.
2.3 Update of CI projects.
2.3.1 ADA Retrofit of Heritage and Ronald Reagan Parks
2.3.2 Lorbeer Ballfield Lighting.
2.3.3 Lorbeer Lighting and Access Master Plan
3. OLD BUSINESS: None
4. NEW BUSINESS:
4.1 Consideration of Priority of a Skateboard Park.
CSD/Rose presented staff's report. Staff recommends that the Commission
receive public comments, conduct deliberation and forward its
recommendation to the City Council.
CSD/Rose explained to Chair/Finnerty that one of several funding sources for
the proposed Community Center is the Parks Development Funds. Currently,
DECEMBER 17, 1998 PAGE 4 PARKS & RECREATION COMMISSION
$100,000 of CDBG funds are committed for design of the facility. City Council
will consider this matter during its 1999/2000 budget process. The 13 year
Master Plan CIP includes 1.4 million dollars of Park Development Fees.
Currently, approximately 2.5 million dollars are available for the Parks Master
Plan. The estimated cost for a 10,000 square foot skateboard park facility is
approximately $200,000 to $225,000.
C/Anis stated she believes that the cost of the Rancho Cucamonga facility was
$125,000.
CSD/Rose responded that the cost of a facility depends upon the size.
C/Anis presented photographs of the Rancho Cucamonga facility. She said she
believes that this size and type of facility would fit in the grassy area of
Summitridge Park.
C/Holder stated that although it may be less expensive to construct a facility at
Pantera Park, Summitridge Park is more centrally located. She said she likes the
concept of a facility being located in an open and busy area which is well
lighted such as the facility located in the City of Carson.
VC/Nolan said he has visited Summitridge Park three times since the last
Commission meeting to study the proposed site and on each of those occasions
there was one vehicle in the parking lot. Therefore, he does not believe that
parking would be an issue. He stated he believes the Summitridge site is
superior to the proposed Pantera Park site.
CSD/Rose reiterated that there are parking standards for each element included
within a park site. A traffic engineer would be hired to determine the standard
for whatever size facility is proposed.
C/Anis stated that when she visited the Rancho Cucamonga facility there were
approximately 10 teenagers and no vehicles. The teenagers told her that in
order to have a facility they participated rin fund raising events.
CSD/Rose responded to C/Pruitt that a study will be conducted to determine the
best site for a skateboard park. Therefore, no potential location is excluded.
In response to Chair/Finnerty, CSD/Rose stated that staff believes that
consideration should be given to an undeveloped area rather than taking away
DECEMBER 17, 1998 PAGE 5 PARKS & RECREATION COMMISSION
an element that is in use.
Chair/Finnerty said she feels that Pantera Park is a potentially good site due to
its proximity to the school and the lack of residences in the immediate area.
She said that she believes that Summitridge may be the best location. Pantera
Park offers a potentially less costly site. Her first choice is the Sunset Crossing
Road location which would incorporate the number one preference voted upon
by the Commission two years ago. However, she also feels that the Sunset
Crossing Road park proposal may be cost prohibitive at this time.
C/Pruitt asked if it is possible that funds have become available from other CIP
projects that could be used toward the skateboard facility. She suggested that
staff re-evaluate the current projects and their funding sources.
Chair/Finnerty stated that because the grassy area of Summitridge Park is
currently being used by other organizations and programs, Pantera Park would
be the better location because of the lower amount of cost and the lesser impact
to space.
CSD/Rose responded to VC/Nolan that he has received three sets of petitions
containing approximately 160 signatures in favor of a skateboard facility.
Tyler Flisik, 1114 Grubstake Drive, said he and his friends are requesting a
modest facility that would provide a safe haven for skateboarding and a
location they could use without being asked to leave.
Robert Stevens, owner of Trinity Board Shop, 1365 N. Diamond Bar Boulevard,
said that the issue of a skate park facility is very important to him. He believes
very strongly that there is a need for such a facility in the City. He pointed out
that all of the surrounding cities have completed or are in the process of
completing skate park facilities. He pointed out that skateboarding is a
wholesome sport. He noted that exhibit 3.4 states that skateboarding has a
higher participation rate than youth baseball, youth basketball and youth soccer,
all of which have very adequate facilities in the City of Diamond Bar. He stated
that skateboarding in parking lots and in the streets is considerably more
dangerous than a controlled environment of a skate park. He believes that the
Commission and Council should give the safety issue a high priority.
Aaron Flisik, 1114 Grubstake Drive, said that his mother spoke with the owner
of a San Dimas skateboard shop who was instrumental in getting the Rancho
Cucamonga facility built. The shop owner invited In and Out and Baskin-
DECEMBER 17, 1998 PAGE 6 PARKS & RECREATION COMMISSION
Robbins to participate in a "skate demo" during which professional skaters and
live bands participated at no charge. People were asked to donate $2 each.
The "demo" earned $31,000 net profit toward construction of the facility with
In and Out and Baskin-Robbins donating 50 percent of their profits. The Mayor
of Rancho Cucamonga suggested that the Mayor of Diamond Bar call him for
information and support. He stated that there are additional business and
community members who have offered their support toward raising funds.
Aaron Flisik responded to Chair/Finnerty that the "demo" was an all day event.
Robert Stevens pledged $5,000 from Trinity Board Shop toward the construction
of a skate park.
Aaron Flisik reiterated that his peers will be happy with a modest facility if it
can be done quickly.
CSD/Rose explained that the City is required to design and build its facilities to
meet state of the art standards, for I iabi I ity purposes.
C/Anis asked staff to contact Aaron Flisik during the design process of the
skateboard park. He has contact information for the person who assisted with
the design of the Rancho Cucamonga skateboard park, who may be able to
provide valuable information.
Chair/Finnerty recommended that the City accept the youth organization
donation of funds for the lighting of Chaparral soccer field (1999/2000) in order
to free up the funds for a skateboard facility to be matched by funds from the
General Fund. She encouraged the City Council to expedite setting up a
501(c)(3) Non -Profit Foundation to provide a vehicle for fund raising.
Following discussion of current CIP projects and potential funding sources,
VC/Nolan moved that the Commission recommend to the City Council that it
replace the "lighting at Chaparral Middle School soccer field" with
"construction of a skateboard park facility" during Fiscal Year 1999/2000 and
immediately allocate funds for the design of a potential facility. Further, the
Commission recommends that the City Council finance the project with
additional contributions from the General Fund and/or fund raising projects and
donations from the skateboarding community. Motion died for lack of a
second.
DECEMBER 17, 1998
PAGE 7 PARKS & RECREATION COMMISSION
C/Pruitt moved, VC/Nolan seconded, that the Parks and Recreation
Commission present the following to the City Council at its January 5, 1999
meeting: To move Item No. 21, Skateboard Park, forward to fiscal year
1999/2000 and seek donations from the community to supplement funding of
General Fund reserves for the project, and that the City Council immediately
allocate funds for the design of a skateboard park facility. Motion carried by the
following Roll Call vote:
AYES:
NOES:
ABSENT
ANNOUNCEMENTS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Anis, Holder,
Chair/Finnerty
None
None
Pruitt, VC/Nolan,
C/Pruitt said that the Pop Warner Bowl Games were very successful in spite of the rain. The
Junior Midgets and Midgets won their games. She wished everyone a great holiday season.
C/Holder congratulated the CIF Champion Diamond Bar High School football team. She is
looking forward to a restful holiday and wished everyone the same.
C/Anis thanked staff for the Holiday party and wished everyone a happy holiday.
VC/Nolan expressed his appreciation for the public's participation and support this evening.
Happy holidays to everyone.
Responding to Chair/Finnerty, CSD/Rose stated that at its December 15, 1998 meeting, the
City Council voted 4-1 to approve the concept of placing vending machines in City parks.
Chair/Finnerty congratulated Diamond Bar High School and their football coach Terry Roach.
DECEMBER 17, 1998 PAGE 8 PARKS & RECREATION COMMISSION
ADJOURNMENT:
There being no other business to come before the Commission, Chair/Finnerty adjourned the
meeting at 9:37 p.m.
Respectfully Submitted,
/s/ Bob Rose
Bob Rose
Secretary
Attest:
IS/ AnnAttp Finnart3T
Annette Finnerty
Chairman
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Pro Tem O'Connor and Councilmember Herrera
FROM: Linda G. Magnuson `Finance Director
SUBJECT: Voucher Register, February 16, 1999
DATE: February 10, 1999
Attached is the Voucher Register dated February 16, 1999. 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.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated 0211D699 have been
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following funds in these amounts
FUND DESCRIPTION
001 GENERAL FUND
011 COM ORGANIZATION 8UPPORT
112 PROP A - TRANSIT FUND
118 AIR QLTY IMPR FD (AB2766)
125 COM DEV BLK GRANT FUN[
12CITIZENS OPT -PUBLIC SFTY
138 LLAD #38 FUND
139
1 -1 -AD #39 FUND
141 LLAD 4141 FUND,
250 CAPITAL 1MPROV/PROJ FUND
REPORT FOR ALL FUNDS
APPROVED DY:
1- inda G. Maquson
City Manager
PREPAID
�2,033.78,
.00
'00
.00
.00
.00
.00
.00
'00
.00
0 41
Mayor Pro Tem
Councilmember
VOUCHERS
150,054.51
800.00
28,346.09
400.42
12,650.68
1,424.94
5,361.91
10,184.03
388.08
21,490.09
TOTAL
242,088.29
800.00
28,346.09
400,42
12,650.68
1,424.94
5,361.91
10,184.03
388.08
21,490.09
323,134.53
CITY OF DIAMOND BAR
RUN DATE: 02/11/1999 11:04:42 VOUCHER RESISTER
DUE THRU: 02/16/1999
FUND%SECT-ACCT-PROJECT-ACCT F'0 # INVOICE DESCRIPTION
ACCURATE LANDSCAPE
0015331-42210--
811946/1611'2;
JAN.MAINT-SYCAMORE CYN PK:
0015316-42210--
811966/944
,,AN.MAINT-MAPLE HILL PARK.
1385538-42210--
16113/963/41
JAN.MAINIT- DISTRICT 38
0015313-42210--
$12070/16128
JAN. MINT -HERITAGE PARE':
1415541-42210--
812069/965
JAN.MAINT-OTSTRICT 41
0015322-42210--
812072
JAN MAINT-RONALD REAGAN P
0015319-42210--
812071/41/72
JAN MAINT-PETERSON PARK
13955:•^-42210--
812068/964
JAN.MAIN, DISTRICT 39
001538-42211:--
811945/857
JAN.MAINT-SUMMITRIDGE PK
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
ADOBE SYSTEMS
0114095-4220_-- 1 YEAR TECH SUPPORT
TOTAL PREPAIDS
TOTAL VOUCHER'S
TOTAL DUE VENDOR
AIRTOUCH PAGING
0+.;14090-42131)-- L841898319 9 CITY PAGERS 12'1-3/1/99
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
AJAX LIEN GRAPHIC- INC
0014090-41200-- 5324 319 NAME PLATES, SIGNS
0014090-41200--.355 :374 4 CUSTOM CEILING SIGNS ^-
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
AMERICANA ART CHINA CO
0014v95-41200-- 3210 1 1310 CITY LOGO MUGS
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
AMERICOMP IMLCING SYSTEMS
2:';14095-4 --
_� 7580 18464 TONER CARTkIUGE5-PRINTERS
TOTAL PRE"r'AIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
F'A_jT" ANIS
':'1::351 4410':)-- F&R CDMM.1/'c•
P&R COMM -11;19
P&P COMM -11/17
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUG VENDOR
PAGE: 1
.PREPAID
AMOUNT DATE CHECK
327.53
54.25
192.59
1,143.62
388.08
66.41
1,493.91
941.26
954.31
.00
5,561.96
<,
j,561.96
161.29 02/16/1999 35279
161.:?
.Oi+
161.29
455.53 02/16/1999 35277
455.5•^:,
.00
455.53
142.59
154.62
.00
297.211
297.21
291.20
Dia
4-91 . 20
91.20
84.38
.00
34. JS
40.00
40.00
40.00
.00
120.00
12,01, 00
v:'Y OF DIAMOND BAS,
RUN DATE: 02/11/1999 11:04:42
10UCHER RECISTE=;
PAGE: 2
3UE THRU: 0211F1t�99
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DES"P,I-'TI')N
AMOUNT DATE CHECK
ATHENS SERVICES
0015510-45501--
7859
FY 1998-99 STR SWEEF S'1CS-DEC
8,219.16:
TOTAL PREPAIDS
. .00
TOTAL VOUCHERS
8,219.16
TOTAL DUE VENDOR
8,219.16
BALD'( VIEW CHAPTER
0014010-42325--
MTG 1128-ANSARI
35.00 02/16/1999 35257
TOTAL PREPAIDS
35,00
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
35.00
BEAR STATE AIR CONDITIONING
0015313-42:0--
8320
990117 MAINT-H'JAC-HERITAGE
304.49
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
304.49
TOTAL DUE VENDOR
304.49
GEST LIGHTING
0015316422210--
011,19
L11062/11055 LTG MAINT-MAPLE HILL PK:
166.10
0015322-42'210--
8319
L11062/11055 LTG MAINT-REAGAN PARK.
1,163.33
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,329.43
TOTAL DUE VENDOR
1,329.43
BPS
41 A:.-:
='174
'EACH FAULT MAPS-EMER PREP
22.72
TOTAL PREPAIDS
.00
TOTAL VOUCH1-l'=
2'.72
TOTAL DUE VENDOF
22.72
I4:="5-211+--
816.7
12174 PF.'T WINTER NEWSLETTER
`+,4�.QQ
TOTAL PREFHIIiS
.00
TOTAL VOUCHERS
5,40 .00
TOTAL DUE VENDOR
BRAHMrii:_�:t.T7nN
EVEN; SF'DNSORSHiF'
ov.i.Ui;
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
BQi;.00
TOTAL DUE VENDOR
$i}i;,Oc"
MICHAEL .PAPti=MAN ASSOCIATES INC
)1-2' 11_
,-,9,•_ 31 75, PROF SVC - FPL 9.3-10
61,110. CPO
1::9°- •757 PROF SVC- - FER 98-03
717.57
TOTAL PREPAIDS
,Of,"
TOTAL VOUCHERS
1,.:17.57
TOTAL DUE VENDOR
1,317.57
.:�.
C' 'PdC S'iSTEM WAREHOUSE
94:317:: COMPUTER CABLES
48.Ov
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
4c".08
TCTAL DUE 1•:'ENDOR
48.08
:-Y dF DIAMONI BAR.
RUN DATE: 02/11/1999 11:04:42
VOUCHER RE�ISTEF
PAGE: 3
)UE THRU, 0 /16/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE I.=SO RIFTI]N
AMOUNT LATE
CHECK
CCCA
0014030-42325--
CITY MNGR/ADMIN. MTG 1/25
17.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
17.00
TOTAL DUE VENDOR
17.00
CHARLES ABBOTT ASSOCIATES INC
0015.508-45510--
7758
431/433/432 TREE WATERING - DEC.
1,269.12
001568-45508--
7788
431/433/432 PKWY MAINT-UEC.
4,525.08
001-23010--
162/154/17: PROF SVCS -FPL 91-001
1,595.00
1125553-45527--
7788
431/433/432 BUS SHELTER MAINT - JAN
400.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
7,787'.20
TOTAL DUE VENDOR
7,789.20
.HANG CHES LI
17112 -347;_ --
RECREAT I O°� REFUND
40. { }0
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
40.00
TOTAL DUE VENDOR
40.00
CINTAS CORPORATT2N
001"310-42130--
75'3
1502105136/61 UNIFORMS -PARIS -1/25,2/1
tee.: 4
TOTAL PREPAII;S
.00
TOTAL VOUCERES
38.94
TOTAL DUE VENDOR
::8.94
C -LOUT
f,1: 141:11 rU-42322 '
M = ,SPT
.TO 1/2_ -ANS''
5 l0 0 j i 09
1.�.�_: 1/.6,19
35259
�.
TD AL C'�EFATDJ
1 J.l'4l
TOTAL VOUCHERS
,00
TOTAL DUE VENDOR
15.00
COF-EE MT -:H ,OMI _4Ni
,�f
..•
'74
31C�� MT- SUF'FLIES
40.90
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
40,90
TOTAL DUE VENDOR
40.90
-wTT.-T
.uMMU;a;v Tk,*aig, � �r:5
7545
JANUARY 1'94'Y LITTER ABATEMENT - JAN
;?39.44
TOTAL PREPAIDS
.100
TOTAL VOUCHERS
1834.44
TOTAL DUE VENDOR
83:.44
COPMMCJNITY ' ANI' USE ?R .-lErT
1 L.. Yli 'd '
t 1152;21
01015210-42"'
�`- - --42'--
CONF-2!4-S.JOE
135.00 02/116/1999
35261
TOTAL PREPAIDS
135.00
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
135.00
CITY OF DIAMOND BAR
RUN DATE: 02/11/1999 11:04:42
VOUCHER REGISTER
PAGE: 4
DUE THRU; 02/1/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
COMPCARE MEDICAL GROUP
0014090-42345--
7505
121942 PRE-EMF�-YMT-RAINERI,JOE
178.00
TOTAL PREPAIDS
.DO
TOTAL VOUCHERS
178.00
TOTAL DUE 'VENDOR
178.00
CONRAD & ASSOCIATES
0014090-44010--
8334
AUDIT SVCS - CASH REG.
2,854.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,854.00
TOTAL DUE VENDOR
2,854.00
DW ENGINEERING
001-23010--
PPPLNG-001 PROF. SVCS FPL 98-52
135.00
001-2`3010--
PPPLNG-(Kll PROF. SVCS FPL 98-054
90.00
OOi-2301{:--
PPPLNG-001 PROF. SVCS FPL 98-52
135.00
0!!i-23010--
PPPLNG-001 PROF. SVCS FPL 98-49
135.00
PPPLNG-001 PROF. SVCS FPL 98-052
90.00
001
PPPLN5-001 PROF. SVCS FPL 98-057
135.00
001-23111?--
PPPLNG-001 PROF. SVCS FFA 98-39
90.00
Ori-2,U1U--
PPPLNG-001 PROF. SVCS FPL 98-10
90.00
001-23010--
PPPLNG-001 PROF. SVCS FPL 98-058
135.00
PPf PLNG-001 PROF. SVCS FPL 98-032
90.00
0i!i-2301x---
PPPLNG-001 PROF. SVCS FPL 98-053
90.00
PPPLNG-001 PROF. SVCS FPL 98-054
01;1-23011:--
PPPLNG-001 PROF. SVCS FPL 98-055
90.00
TOTAL PREPAII!5
.00
TOTAL VOUCHERS
1,395.00
TOTAL DUE VENDOR
1,395.00
_,
RECREATION REFUND
35.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
35.00
TOTAL WE VENDOR
35.00
DELTA CARE FMI
001-21104--
FEB 1999 PREMIUMS - FEB 199Q
179.71 02/161/1999 35273
TOTAL PREPAIDS
179.71
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
17/9.71
CAROL DENNIS
0014040-44000--
7757
DBCCO119 MIN.SEC - CC 1/19
320.00
0014040-44000--
7757
0114 T/T REG. MTG-1/14
180.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
500.00
TOTAL DUE VENDOR
500.00
DEPARTMENT OF TRANSPORTATION
0015510-45507--
7945
148044 SGNL/LGHTNG MAINT-11198
903.25
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
903.25
TOTAL DUE VENDOR
.903.25
-ITY OF DIAMOND LAR
RUN DATE: 02/11/1999 11:04:42
VDUCHER RE61STER
PAGE: 5
DUE THRU: 02/16:/1999
PREPAID
FUND!SECT-ACCT-PROJECT-ACCT
PO 4
INVOICE DESCRIPTiaN
AMOUNT DATE CHECK
DIAMOND BAR BUSINESS ASSOCIATES 419
0014090-42210--
7S,20
LEASE STE 190 -FEB
5,2:32.15
001409X1-42140--
7830
LEASE ETE 10:) -FEE:
12,129.15
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
TOTAL DUE TENDO^'
17,361.30
DIAMOND BAR CHAMBER OF COMMERCE
0014030-42125--
MTG 2! _ - C MGR
15_.00
0014010-42325--
MTG 2/2,,x -COUNCIL
75.0X_-
0014090-44000--
7795A
746 CONSLTNG SERV, DEC/JAN
2,000.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,090.0X-
TOTAL DUE VENDOR,X+
DIAMOND II.R TIJ-
ii,!�RPDYEMENT ASSOCIATION
11253u0-45315--
=:16
2,36.7 ADVRTSMPT D/RID- FOR DEC.
440. 00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
441.0;"
TOTAL DUE VENDOR
44X-.00
DIAMOND EAR INTERNATIONAL -71 1,
6'D 4030-42:=:25--
24_;
'a9: ,`> = :_ CNCIL M70/4 CRNERS MTG
314.04
'- !' ,X.. +____
4c,
: COUNCIL MTG, 2'/2/9
1W.45
TOTAL PREPAIDS
.0+:
TOTAL VOUCHERS
414.49
TOTAL DUE VENDOR
414.49
75X17
OCT.NOV, YMCA CHLD CARE-OCT;'NOV.
6,6.43.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
6,64:3.00
TOTAL DUE VENDOR
6,643.00
_h
6_,'� 13'::_ PHOTO DEVLMT SERV.
i�.�:_
'515;
19693A PHOTO DEVLMT SVC
f-U
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
33.89
TOTAL. DUE'_ VENDOR
3;_.`39
;.,--
.���.:.. �H:_ _. A= _uC I A T E S
;15
.J4„:_;.::_
7 4' ,r
PROP. 'r ��C-CI u NO/DEC
445.00
TOTAL PrEF'AIDS
.00
TOTAL VOUCHERS
495.00
TOTAL DUE VENDOR
495.00
PAGE: L
PREPAID
AMOUNT DATE CHECK
8,0'1.54
292, 65
396,80
43. 60
9 71'.tl
.00
27,506,fj
27 5.
,,r,}r:,it
.00
400.C(',
400.00
2.,
.00
LJ
23.'5
40.00
40.00
40.0','
,00
2:.00
2.i':. oo
57 '77
-:7
.00
144.4:•
144.4::
198.53
.00
1;_
2: JJ
;TTY J,,. IIAMONSA„'
RUN DATE: 02/11/1999 11:04:42
VOUCHER REI,I{TE-'
DUE THU:
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOIGc 'N
DIVERSIFIED PARATRANSIT INC
11225553-45529--
7611
1/28/99 DIAL A FILE 1/1-1/15/49
1125360-45315--
0165
12/1-12/15 HOLIDAY RIDE -12/1-12/15
1125553-4552;--
7671
12/16-22/31 DIAMOND RIDE 12!16-12/:=1
1125360-41315--
0165
12/16-12/2'1 HOLIDAY RIDE SVCS12/16-32
1125360-452'15--
0165
12115ilK, HLDA” RDE S'dCS11/'17-11/30
7j']
23,1
Ir: RT
DIAMOND :L'E 12/1-12/15
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDC•F
EEGA
001-2`5012--
G8I223A.3:' GEOTECH. REVIEW EN98-200
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
FEDERAL EXPRESS
0014090-42120--
EXPRESS MAIL -GEN GOVT
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
A.;NNETTE FINNERTY
,5:.
i?t;.:5.�:1-441t10__
P7>R COMM -11(19
CI O'5.350-441..--
F`s<R COMM -21/17
.. , ",-4410+._'--
P R LOMM.1 /22:
TOTAL PREPAIDS
TOTA'_ VOU"HER.S
DUE =TAL DUB 'JENr.s•� DOR. .
40 er.n:,•-h
:. :- .;
17'
n •ry9
1 1116 FLF;� ARF„•a- C TS" CC 12/1
. �
'_17R
12377 FLORAL A"ROA-N-'S nHUFF
L4 FLORAL ARRN'SMNTS _C 1,211
TOTAL PREPAIDS
TOTAL VOUICHERS.
T'i , — _ti ._ IJENDO
1644:: C/C TASK FORCE MTG 1/21'
TOTAL `Kc PA7I
TOTAL VOUCHERS
,4TOT A— DUE VENDOR ANLL,..R
:: h.y...�: _
0!1....-4I ,, .. -
c=51
C-17701 EMEF F'PEF'-SUPPLIES
TOTAL PIREPAIDS
TOTAL VOUt,r=h
PAGE: L
PREPAID
AMOUNT DATE CHECK
8,0'1.54
292, 65
396,80
43. 60
9 71'.tl
.00
27,506,fj
27 5.
,,r,}r:,it
.00
400.C(',
400.00
2.,
.00
LJ
23.'5
40.00
40.00
40.0','
,00
2:.00
2.i':. oo
57 '77
-:7
.00
144.4:•
144.4::
198.53
.00
1;_
2: JJ
Y _ Ii AkX T�A"
RUN DATE: 02/11/1999 11:44:42
RE�I:TE=:
PAGE: 7
?Ul' THRU: QI�15I qqy
,PREPAID
FUNDJSECT-ACCT-PROu'tCT-ACCT
PO #
INVOICE :'ETR
AMOUNT DATE CHECK.
FRAME WORKS
0014090-41200--
6306
3578 FRAMING S'YCS-AERIAL
74.69
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
74.69
TOTAL DUE VENDOR'
74.69
GLASSER GRAPHICS
0014095-44000--
c"243
PROF SVC-ANNIV T-SHIRTS
500.00.
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
500.O0
TOTAL DUE VENDOR
500,00
ORAFFITI CONTROL -SYSTEMS
001,555-8-45,520—
TC
, ..,46
!j4 [::_', fM1T,. �. T C'
DB_ .:• ; . , Y WDE GRFF I REMVL01 9,
? !;
::70.OA
TOTAL PR:EPAIIas
.00
TOTAL V UCH-;EF..S
2',37".,:,0
TOTAL DUE VENDOR
OTE CALIF13-,'4TA
Q'5
:_61 ,-,.:_. PHONE SVCS-ECON DEVELOP
_6,66:
1i+=�'. '_421 `--
9Ca SA-el5463 FH.SVCS-CITE ON LINE
167.:jO
:sRQ: 04 PH.SVCS-SYC CYN PARI::
117.4:;
PH.SUCS-SYC CYN GAFF::
5=.2'•
TCTAL PREPAIDS
,00
TOTAL 'VOUCHER'S
377.65
TOTAL DUE VENDOR
=77,6:5
H T
D 'Al PF ESE SVCS-RU�CD
4i-%.--C:.,--
5i4
E,4c:1_ _:,.u.SVCc-CM F'EPLY GD
4c
TOT AL PREF'AII E
0 •
_--'L VOUCHE'F:=
54.13
T+= T AL DUE ` ENMR
14,
i,17
40, 00
TOTAL F'REP=`IDS
.00
TOTAL VOU7 H--RS
TOTAL DUE 'VENDOP
i 0,00
MA
.--'�!__
Rtl..a1[F1T.Dji' REFL b`=B
'ti.00
,L., L PREPAIDS
.00
TOTAL VOUCHER,t
i , i ;_
TOTAL DUE VENDOR.
30,00
CITY OF DIAMOND BAR
RUN DATE: 02/11/1999 11:04:42 VOUCHER REGISTER PAGE: 8
DUE THRU: 02/16/1999
PREPAID
FU"iU/SECT-ACCT-PROJECT-ACCT F'D # IMtOICE DEStRiFTi_!'1 AMOUNT DATE CHECK:
HYATT REGENCY
0014010-4=3310-- ACCMD7N Gr'NSALVES-CCNCL
0014030-423-210— ACCMDTN '..OPlSALVES sR 134.22
.-01401:.--4233.0-- ACCMDTR: GONSALVES-CCNCL -666.40
".-14.-'1' -4'-420-- A'CMDTN GONSALVES-CCNCL 61:6.40
TOTAL PREF'AIDS .00
TOTAL VOUCHERS 6.66.40
TOTAL DUE VENUDR 666.40
ICMA
i':403{)-40'03 a-- FEH/PP01-0'2' CONTRACT CONTRIE"UTIONS 400.00 02/16/1999 3527'
,1 i}i-- r „ c T n! x211 c,
G :l EB/P?Ol -i_ - /R DEI'UC i _h;S 1, 604.00 0: 16'i 1999 3.272
t_ _. 2.;0._-- FEE; PF01-i) BENEFIT r N R15 -ALL DEPT li),a44. o Gam; lE•,• 1999 �:
TOTAL PREGAIDS 12,348.58
TOTAL VOUCHERS 00
VENDOR
nsn c.:
TOTn'_ ULE u1�,,'«'_.•::
TT �HEy _G
L sir ,.-: F;" i _1
:A y 1 37142 3r, 0 ;16/1999 35271
,;���....• .,�;
TOTAL PRELF'AIDS 1,342.30
TOTAL VOUCHERS .00
DUE VENDOR :
?O?AL aUE 'ftP<<:a�F: c4ia
4i
140''.:- "- 8:211_ 7i7._ CITY FINS 768.5,=;
T, G?AL PR.E T T DS .Qia
TiIT,:,, fir; L,; �.,H _. -. Lr. 5:
DUE VEND"OR
T '33-1 :4'., _
itiTr11 : ^;EFa1D,i .QQ
TOTAL 'vi ;;UCHER.E 347.76
TOTAL DUE VENDOR :47,76
-._.:.
..-.'
-
'TMAJ
_ ,.f.17
-L
AN i!iL .
, L,
TOTAL F'REPAIDS
TOTAL VOUCHERS
4,95:,17
TC,TAL DUE VENDOR.'
4 '?x'3.17
1147'L COUNCIL C: SUI ?PIPING CENTERS
130073
DUES
TO
ICSC-E
ANSARI
50.00
i±tal4i'`°2-,2315--
130ia7r,
DUES
TO
ICSC-L
YAJIWARA
50,00
-,=' ='•`''`-4^'15--
1;311)7=
DU=S
TO
ICSC-G
MGR
100.00
180072-3
DUES
TO
ICSC-M
NELSON
5;;.00
DUES
TO
ICSC-J
DESTEFAND
50,0:;
DUES
TO
ICSC-C
HERRERA
50.00
rc rt�-_:tc
1)14;1: _-*�.:L.J--
1" -
DU S
TO
ICSC-R
HUFF
�i ,00
`
o � �Tr7'
T ,- PF;EPAID5
.00
TOTAL VOUCHERS
400. th
TOTAL DUE VENDOR;
400.00
RUN DATE: 02/11/1999 11:04:42
FUND/SECT-ACCT-PROJECT-ACCT
KLEINFE0ER
1255215 -44000 --
LEAGUE OF CA CITIES
0014'al0'42325-'
0014A10'42325—
0014010'42325—
0V14010'42325—
��LEGNARD-CO0
L�', SENGR�U�D�
UOS ANGELES COUNTY ��Tr-W��
-45�i7-
0V15510-45507—
o05510-45507—
VV1550-45��
0O15510-45507-'
CW15331'453O0--
001551O-4 507'
OO1551O-455V7--
0015513-��07''
LOR[TT� ��lNTO�
Ot`�1
ClTY OF DIAMOND BAR
VOUCHER RE!. -:lc -TER
DUE THRU. 0"2116/19-99
PO# INVOl� DES—PI7I0N
812O 589036 MlNNEQUA PROF SVCS
812O 589216 MlNNEQUA PROF SVCS
TOTAL PREPAlDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
GEN MTG-ANSAR .HERRERA
m,;FMESHR���4�H�G
GEN 0G-ANSARI, CHANG
GEN MTG-ANSARl,CHANG
TOTAL PREPAlDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
T&T CUMM 1/14
TOTAL PREPAlDS
TOTAL YOUCHES
TOTAL DUE VENDOR
79O5 310 �/, STAFF BADGES
TOTAL PREPA156
TOTAL VOUCHERS
TOTAL DUE VENDOR
T&T COMM 1/0
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
PAGE: 9
PREPAID
AMOUNT DATE CHECK
16L00
5'176.00
.O0
5,337.0(
46.0100-2/\6,1\Y0-9 35-271-6
�
.0002,1116/1Y99 3522718
46.00 022/16/1999 35276
- 46. 001 0D16/1999 35276
71.mJ
^00~
71.00
420.001
'00
4O.00
40.00
410, DO
.O0
40'00
40^00
7866
162
SGNL
MAlNT-AUGUSTY8
3,742.70
174-6��MAINT'03.98
4`42-1.72
�9�,',
1700
SGNL
MAlNT-ACCDN7 RELATEL
2,847.74
/�m
SUNL
MAINT'DEC. 98
7866
l566
�0TINE MAlNT'JULY 98
4,229.25
7532
Y9VVV0�3819 SUMP
PUMP %AINT-12/V1-31
581.78
78,1—
1806
SGNL
MAlNT-NOV. 98
2,891.67
7866
i686
S��
MAINT-SBPT, 5-8
5.796.29
7866
1326
SGNL
MAlNT'MARCH 98
3,961.94
TOTAL
PTR' [PAIDS
.00
TOTAL
VOUCHERS
33,697.45
TOTAL
DUE VENDOR
33.697.45
RECREATION REFUND
TOTAL PREPAIDS
TOTAL VOUCHERS 9�.00
CITY OF DIAMOND BAR
RUN DATE: 02/11/1999 11:04:42
VOUCHER REGISTER
PAGE: 10
DUE THRU: 02/16/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
MAINTEX
0015:314-41200--
7525
368185 CLEANING SUPPLIES{HRTG PK
194.48
0015314-41100--
7525
'365184 MAINT SUP -HERITAGE
12.99
TOTAL PREPAID5
.00
TOTAL VOUCHERS
207.47
TOTAL DUE VENDOR
207.47
METRO MOBILE CCMMUNICATIDNS
1264411-46240--
8153
A51534 HANDHELD RADIO EQUIP
1,424.94
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,424.94
TOTAL DUE VENDOR
1,424.94
MICROAGE COMF'UTERMART DIAMOND BAR
0014095-46230--
8193
22997/22972 NETWORK SOFTWARE
1,709.27
0014095-46235--
:3193
22997/22972 HP JET DIRCT CARD SNCL
1,461.38
0014095-46235--
81931123031 NETWORK SOFTWARE
2,868.63
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
6,039.28
TOTAL DUE VENDOR
6,039.28
MOBIL
0015310-42310--
FUEL-PRK,/REC-DEC 98
200.84
0014090-42310--
FUEL -GEN GOVT -DEC 98
84.55
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
285.39
TOTAL DUE VENDOR
285.39
M ILE MODULAR MANAGEE"ENT GROUP
.
U.i_=_, "14
EAE -YC CYN PK.21;1C,0/1
1_
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
460.06
TOTAL DUE VENDOR
460.06
fiCL: `;.ND NOnrF1 Si
0 1`553-4410()--
T&T COMM -1/14
40.00
TOTAL PREPAIDS
.O0
TOTAL VOUCHERS
40.00
TOTAL DUE VENDOR
40,00
MT. I+ALDY UNITED WAY
001-21113--
PP01-02 PAYROLL DEDUCTIONS
112.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
112.00
TOTAL DUE VENDOR
112.00
NATIONAL NCTARY ASSOCIATION
0014040-42315--
NNN RENEWAL FOR SOMENZI
34.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
34.00
TOTAL DUE VENDOR
34,00
7,ITY O= DIAMIIN BAR
RUN DATE: 01/11/1999 11:04:42 VOUCHER REGISTER PAGE: 11
DUE T}'RU: 02/1,:/19?:'
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTI)N AMOUNT DATE
CHECK
DANIEL NOLAN
0015.350-44100-- P R. COM"° -11 / 19 40.00
001535.0-44100— P&R COMM -11/17
40. (K)
TOTAL PREPAIDS .00
TOTAL VOUCHERS 50.00
TOTAL DUE VENDOR 50.00
PAYROLL TRANSFER
PERS RE T IREME`47 9.2'00
ul?1 0,
c }illi ` LL �.
5 _ PAYRD TRA1'EFEF•' PP-_
c f 1
,ta0,0i
Cf F, 9r+
1_/15..
TOTAL PREPAIDS
50,600.00
i?1-211i�,�--
TD?nL VOUCHER=
,iiia
TLi!AL PRE'A!D-
TOTAL DUE VENDOR`
-,LT LRL CONTRIB.EE
i 0UCHERS
PERS q�fu
,_.... C
LESE-F'E== ADJUST
-'2F. •. 2t.
1 r0:-: V
FEE: a9:' RETIREMENT COVERAGE
G
1_.7=
02 1,990 5.769
:��/16/.:�,:+ 3_�t��:
07_11 !.''_ . _ . _
E�' . '9 ADMIN FEE
46 52
02116/ 1; , .::52 L u�9
.
FEE HEALTH INSURANCE PREMIUMS
5r.
: , _+ ,� . _�+_
' 1 5'2 "-
OZ� L•., a::: Utz'
TOTAL PREFAiDS
,39?.0_
11 OT7 VQ.
TOTAL 'VO'J_HIERS:
00
TOTAL _UL VENDOR
"'TAL D -UIE VENDOR
.. I^1,
PERS RE T IREME`47 9.2'00
ul?1 0,
pp_
RETIRE rONTRIE.RPTRO
1,4.:1
Fr
SURVIVOR BENEFIT
i?1-211i�,�--
F�� 2•J
t"ILiTAF' BUY BAC
TLi!AL PRE'A!D-
-,LT LRL CONTRIB.EE
i 0UCHERS
?:11F'F'
,_.... C
LESE-F'E== ADJUST
-'2F. •. 2t.
P,ETIRE ONTRIr.ER
TO ._
PRE
_
hT MNC-ati0l&�SUMMIT
TSTAL'JOUC'r;'_''c
T'!TAL PREPAIDS
TOTAL
DUE ':'Et -00P..11
11 OT7 VQ.
'-!=-- -_-4«1,-!1—..1%ll_i'41"
Mq:E-,PLmNN.--SUMMTTRI"E F'
4
a�_,i Lik_
MlS- D MBF'-F�TER'SON PARI
F�� 2•J
TLi!AL PRE'A!D-
i 0UCHERS
,_.... C
77 r i
: A.ti :.{!_ _ y PRT':}DR
a
_
hT MNC-ati0l&�SUMMIT
mo/.7.]_
041 '
T'!TAL PREPAIDS
{1fi
11 OT7 VQ.
TOTAL _UL VENDOR
373. 0
.. I^1,
P&R.
C0Mw.i/*.
4iI,C}i;
U -4400}f?--
P:R
COMM- 11119
40,00
001 v3`=)-4410}!_'•--
F'&.R
!'OMM-11117
40. 00
'�JTAL PREPAIDSv
.00
TOTAL VOUCHERS
10.0'?
TOTAL DUE VENDOR
120.00
CITY OF DIAMOND BAR
RUN DATE: 02/11/1999 11:04:42
VOUCHER REGISTER
FACE: 12
DUE HRU: i?2i 16/1999
P'REP'AID
FUND/SECT—ACCT—PROJECT—ACCT
PC #INVOICc rZ 7q;IFTIC
AMOUNT BATE CHECK.
RALF-HE GROCERY COMPANY
001409-01-423"25—
46:5097 S;i='PLIES—REV.SUBCOMM.1/17
14.2;
46591 MEETING S!PPLIES
1 '
0014090-42325--
46582/4`520 MEETING SUPPLIES
K.
001:0K-4'2:::25--
46582/465=0 MEETING SUPPLIES
9. 5
TOTAL PREPAID;
TOTAL VOUCHERS
TOTAL DUE VENDCR
213.7'=
"INI REIL ! ,:
!4r,_r EXCURSION—MULT I MEDIA
1'' "OU
�. '
00 1.-'47.._
-L-
4'?�- 4Q10Eq5..,:o CANCEL FEE
:1—.� <•.--
492a:2 4' : X,CCUPS:ON GONDOL.A GATEWAY
_ 01'.
:al — 4-
492".82/49-1307 492=2/49.1307 EXCURSDON—SHOP TIL U DROP
EX��URSIu:`iT11 — IS"I T
T R,ATI TC , :!
_..?
TOTAL PREPAID;
TOTAL VOUCHERS
8'..0
TOTAL DUE VENLOR
RICHA'DS WATSON `:. =-7-LHON
1155115-44 a `a--
CDL1G—LEGA- SvC5
.91.Oi
A 0 . —4 l
4
�V ^PL
26 J L J L' ii L
CL LG' :JCS—D '' 'A'
1_ViJ1v
nq :,__
14_ NOV. LEGAL SV:.
F: 947.=-
1`:=5i
TE—QUAIL SL. iMNT. 1NG1 59
117.00
:!01 i:2 —44'`2.--
� ;FCL LG'_ S'J S—BCH_RSHESNE
96.3
'ER 52—C)" -1 EGAL SVCS
156. 00
t''' AL cc4FAIiDS
�(t
..; L! `�F=
TOri� VO
_ _ .77
TOTA' TUE
^ii, z =
... 'DROF V: n"da+:�" SH:r.T_
TOTAL VOUCHERS
TOTAL DUE VENDOR
RUB -ERT F. DRIVER ASSOCIATES
001-23004--
SPOIL EVENT INS.10 1-12!3 1
5
53,.00
TOTAL PREPAID;
.00
TOTAL VOUCHERS
635.00
TOTAL IaUE VENDOR
635.':10
AW1 iCH I ROSE
RECREATION REFUND
155.00
TOTAL PREPAiDS
.00
TOTAL VOUC"ERS
155.00
TOTAL DUE VENDOR1"
�.a_
CITY OF DIAMOND BAR
RM DATE: 02/11/1999 11:04:42
VOUCHER REGISTER
PAGE: 13
DUE THR11: 0�/i6111-"?9
PREPAID
FUND/SECT-ACCT PROJECT -AC 1T
PO # INVOICEDESCF,IF'T-3N AMOUNT
DATE CHECK
SAM'S MOBIL
0014090-42.316--
FUEL -GE".. r-OVT-DEC 93
14.36:
0015::10-42310--
FijEL-FLAN?-LEC 'yc
r,
OO14;1';tj-4'310--
FUEL1�.0
TOTAL
PREPA_`DS
00
TOTAL
VOUCHERS
44,33
TOTAL
DUE VENDOR
44._=
CHRTS SAMA IN
0':.-=4'c+--
FE= ,EAT i iOh RE`UivLi
Ci
ati++.0
TOTAL
PREPAIDS
.00
TOTAL
VOUCHEF;S
TOTAL
r,' -UE ND
5" f
HN , Az.;,IEL '.ALLE l 0u..,.�, � OF COV l S
Oji
..SuR' f' amu:: ,275
TOTAL
titOLiCHER S
-Tri
,.=uC VCldil[IF�
1`,t`,1.:
GA-ERTEEL VLLLE''_
i r��:♦:'L:ia_e_ --
nT -GEeAN
304.56
AD-FFL 9:-!
15;.=4
TOTAL
PEEP
T'=' ?L
'?Li:"EF'S
464.40
TOTA;_
DUE VENLO'
464,40
AL7_A A. SARIELDIN
_ --
__.._
Cr''_-
SEC' .,_TT-,,, r:. -C: Ll 'Tfi T. F'GC
ILL;,.. _:t.. __ .M, ...
T TAL
'REPAID -6
.00
T'MTL1
L" i`_
TOTAL
VO01HERS
TOTAL
DUE VENDOR
'.27
2_ 4w
DJrru=_ '. t: SE"�._-: EY.C'r5
L4.60
TOT;_
`O_CHEF;=
:4, A.
. TAL
r;:'` VENDOR
=;4.6-!
M
OAS SVu - LRITA07 PARK
203,.16
TOTAL
;=:EPAMS
.IW
TOTAL
VOUCHERS
TOTAL
DUE VENDOR
,7y ;- i:IAM,NC BAR'
RUN DATE: 021/11/1999 11:04:42
!10UC-!ER REF-ISTEQ
PAGE:
14
DUE THRU: 02/11/1?9
P'REP'AID
FUND/SECT-ACCT-PROUECT-ACCT F'0 #
INVOICE DE5GRL=T1'!N AMOUNT
DATE CHECK
STANDARD INSURANCE OF OREGAN
001-211006--
FEB
:::IF*- LF4 INS PREMS-FEB
214.90
02/16/1999
35268
001-21106-_
FEB
_1F` ;";C� -REMS-FEB
446.60
02/16/1999
35268
TOTAL
PREPA:DS
661.50
TOTAL
VOUCHERS
TOTAL
DUE VENDO7.
LL
,S ATC BOARD Or EQUALIZATION
1X98
:ALES TAX-PRTED MTRL
`66.00
02/ib/1'?':''
35-'
001-36651--
1998
SALES TAX-ENGR PRT MAT
1.00%0:2'/16/1999
35260
001-13'6640--
1998
SALES TAX-PRMTNL ITEMS
8.00
0-2/16/1999
35260
TOTAL
PREPAIDS
575.00
TOTAL
VOUCHERS
.00
TOTAL
DUE VENDOR
575.00
STATE OF CALIFORNIA EMPLO`iEMENT DEV
0014`Q0-41)092--
PE 01/22/99 UNEMPLNS-PER ENDING 1/22
2,990,00
02/16/19?9
35274
TOTAL
PREF'AIDS,+'
?.00
TOTAL
VOUCHERS
0C;
TOTAL
DUE VENDOR
2,990,00
SUB1rA Y
CORNERS
COUNCIL MTG.-2/2/90
Ulu :Ai?:.-. -
:
+ .. FRC.0G-1;
-42-2`
--DEV. SUECOMM.MTG-1, 2
__---
ia-T� •,Tr. 111 j°'
-
�-
�iLCF
CriG I r M1,0M. FLI; v : T . St
T Al
T'D i AL
i!UE 'YEEN +_gyp
r .-_. LLQ_. J,. JIV:C
--
- - _.--
RECREATION REFUND
'! DTI AL
P-'I:P'''.I DS
T,T L
(�U1!_H_^.�
T
RECREA':T-N REFL'PdD
fI.T ;
-:^
C,",
RUN HATE: 02/11/1999 11:04:4'2VOUC'4=R
RE -.-!:IE': -
PAGE: 15
DUE THRU:
FUND/SECT-ACCT-PROJECT-ACCT
PG #
PREPAID
INVOICE DESCFI{'",?N
AMOUNT DATE CHECK
TOWER INDUSTRIAL MEDICAL GROUP
0014090-42s,45--
7506 1127F'F;E-EMP(_iFNT F'HYSC.0-� .A.
166:,00
TOTAL PREF'AID'S
00
TOTAL VOUCHERS
166.00
TOTAL DUE VE DDF:
L�b,cfn
LAURA
.
Tr"TAI
OCT
TCT ,L VCIUCHEE_ RS
TCTAL DUE VENDOR
__ nn
ARUN
011=;5-441 _t)--
_
Ty! CCMIM
40.00
T C T A L F tEF'AIDS
TOTE_ V 0111ChEFc
'�
4".
TOT AL DUE VENDOR
s.
41
VISION Si..tt'.':!uE P; -AN
1-11107__
FEE VISION PREMIUMS-FEBrJ-
'.
i;: t:2'16J1"99
TOTAL PREPAIDS
TOTAL VOUCHERS
{rt
T_ -•JOU
..
_ x.:66
--
--
IiI riCT ii' 1 ;`i.' -i. _
4. 17
j _--
JI' T T R 1 i1
4
WA F. SVC5#_
_-:,A'LE
1 --
HILL F`+:.-i1i1E- ;'1:3
'
1 rt --
F'E R30N Fr. 11 j1,_
_
HER AGE F 1 - :5�
54,x.44
_
.......
trip+'—^r r� •
5U: l i 1 D—
U11/14—� i1
:;r41: 4r:
.. is
TOTAL PREPAIDS
TOTAL 'V,CUC _F:S
TOTA_ h'_ DUE VENDOR:
rr,
41�- PLA' REVEIW.FPL9'6`-O57
14:;.0:;
TOTAL PREPAIDS
TOTAL VOUCHER'S
148:.00
TOTAL DUE VENDOR
14 S'. OF)
RUN DATE: 02/11/1999 11:04:42
CITY OF DIAMOND BAR
CHARGES - DEC.
-
-
7474
VOUCHER REGISTER
PAGE: 16
0014090 -4 -22 -00 --PHOTOCOPY
7474
DUE THRU: 02/16/1999
87.79 02/16/1999 35158
TOTAL
FUND/SECT-ACCT-PROJECT-ACCT
PO # INVORE
ICE DESCRIPTION
AMOUNT
PDATEID
VOUCHERS
,Dir
TOTAL
DUE VENDOR
CHECK
WELLS FARGO BANK
irir�4 r't0-44000--
0014010-42330--
+
SVCS-
A/V SVCS-1/ib,.�/:
315.00
TOTAL
0014090-42310--
CCCA - CHANG
182.00
02/16/1999
35267
0014010-42330--
FUEL -O'CONNOR
26.36
02/16/1999
35263
0014010-42330--
NALT LEAG CON. ANSARI
335.00
02/16/1999
35264
0014010-42330--NATL
LEAG MTG/SAC-ANSARI-12/23
199.00
02/16/1999
35264
0014010-42330--
LEAG CONF / HERRERA
335.00
02/16/1999
35265
0014111 C r-4.2325--
NATL LEAG CONF-HUFF
3335,00
02/16/1999
35262
001401Cr-4 3r-- �
MTG W/STAFF HERRERA
96,37
02/16/1.999
35265
00140:3:1-42325--
NATL LEAG CONF/CHANG/OCNN
670.00
02/16/1999
35267
0014030-423310--MTGS-
C MOR
191.64
02/16/1999
35266
0014030-42,330--
FUEL -C MGRMATL
72.63
02116/1999
3566
0014010-42325--
LEAS CONE/C MGR
335.00
02,16/1999
35,66
i1i114010-42c,: is--
MTG/CHMBER-CHANG
24.'24
02/16/1999
35267
CONF REFUND-CHANG-274.00
2
i4.00
0/16/1999
,
3567
TOTAL PREPAIDS
2,528.24
TOTAL VOUCHERS
00
TOTAL DUE VENDOR
2,520,.24
WESTIN SANTA CLARA
0015551-423:30--
ACCOM CPRS-LiL' 236. 80
0r014010 -4233Q--
` ACCOM CPRS-CCNCL 716.40
001410`20-42 ?0-- ACCOM-CPRS-CMGR, FRTZL 477.60
CrCr1=s21ir 4L-'`'-- ACCOM CPRS-DESTEFANO
TOTAL PREPAIDS .00
TOTAL VOUCHERS 1,671.60
TOTAL DUE VENDOR 1,671.60
NANCY WHITEHOUSE
7474PHOTOCOPY
CHARGES - DEC.
543.09
O'.r1409ny-412;rr;--
7474
0665577dO,.,_, MA1NT/COPY SVCS -DEC.
385,00
0014090 -4 -22 -00 --PHOTOCOPY
7474
OFFICE SUPPLIES-REIMB
87.79 02/16/1999 35158
TOTAL
PREPAIDS
87.79
TOTAL
VOUCHERS
,Dir
TOTAL
DUE VENDOR
87.79
PAUL WKi UHT
irir�4 r't0-44000--
71-.4
+
SVCS-
A/V SVCS-1/ib,.�/:
315.00
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
315.00
TOTAL
DUE VENDOR
315.00
XEROX CORPORATION
0014090-42100--
001401 0-42200--
7474PHOTOCOPY
CHARGES - DEC.
543.09
0014,)90-42100--
7474
0665577dO,.,_, MA1NT/COPY SVCS -DEC.
385,00
0014090 -4 -22 -00 --PHOTOCOPY
7474
CHARGES -DEC.
1,111.77
7474
066557324 MAINT/COPY SVCS -DEC.
385,00
TOTAL PREPAIDS ,OCr
TOTAL VOUCHERS 2,424.86
TOTAL DUE VENDOR 2,424.86
ZD JOURNALS
0 Cr14C�?5-42320--
SUBSCRPTION P'GMKR#4694651 6`.00
TOTAL PREPAIDS
.Dir
TOTAL VOMIERS 69.00
TOTAL DUE VENDOR 6''1.00
RUN DATE: 02/11/1999 11:04:42
FUND/SECT-ACCT-PROJECT-ACCT
NANCY ZUNDE
001 -:4730 --
CITY OF DIAMOND BAR
VOUCHER REGISTER
DUE THRU: 02/16/1999
PO # INVOICE DESCRIPTION
4976 AARP CLASS -JAN. CLASS
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
REPORT TOTAL PREPAIDS.
REPORT TOTAL VOUCHERS
REPORT TOTAL
PAGE: 17
PREPAID
AMOUNT DATE CHECK
5.00
.40
5.00
5.00
92,033.78
231,100.75
323,1:14.53
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. r
TO: Terrence L. Belanger, City Manager
MEETING DATE: February 19,1999 _ REPORT DATE: January 29,1999
FROM: Linda G. Magnuson, Finance Director
TITLE:
Treasurer's Report • December 31, 1998
SUMMARY:
Submitted for the City Council's review and approval is the Treasurer's Statement for the month of December
1998. It should be noted that this report no longer contains information related to the City employee's deferred
compensation plan. Due to new legal requirements, in December 1998, the City Council adopted resolutions
to eliminate the City's trustee relationship with these funds.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City
Clerk's office)
_ Ordinance(s) _ Other:
_ Agreement(s)
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority vote?
3. Has environmental impact been assessed? NIA
4. Has the report been reviewed by a Commission? NIA
Which Commission?
5. Are other departments affected by the report? NIA
Report discussed with the following affected departments:
REYIEWED BY:
rrence L. Belanger
City Manager
DEPARTMENT HEAD:
Linda G. Magnuso
Finance Director
—Yes _ No
_ Yes _ No
_ Yes _ No
Yes No
—Yes —No
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: February 19, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Treasurer's Statement- December 31, 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 December 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
December 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.
PREPARED BY:
Linda G. Magnuson
TREASURER'S MONTHLY CASH STATEMENT
December 31, 1998
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 December 1998 5.374%
Money Market -Effective Yield for November 1998 3.962%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The bove summary provides sufficient cash flow liquidity to meet the next six month's
es ' teexpenditurmoe.
Terrence L. Belanger, Treasurer
BEGINNING
TRANSFERS
ENDING
BALANCE RECEIPTS
DISBURSEMENTS
IN (OUT)
BALANCE
GENERAL FUND
$11,080,641.49 $1,572,347.02
$910,982.78
$42,973.06
$11,784,978.79
LIBRARY SERVICES FUND
107,530.82 0.00
435.14
107,095.68
COMMUNITY ORG SUPPORT FD
281.26
281.26
GAS TAX FUND
3,129,529.09 217,647.54
(30,868.84)
3,316,307.79
TRANSIT TX (PROP A) FD
1,840,841.72 87,529.31
44,684.08
(57,400.00)
1,826,286.95
TRANSIT TX (PROP C) FD
2,324,831.63 47,088.35
(127,332.89)
2,244,587.09
INTEGRATED WASTE MGT FD
178,459.58 16,179.22
4,184.27
190,454.53
SLTPP FUND
150,178.00
(150,178.00)
0.00
AIR QUALITY IMPRVMNT FD
142,628.94 15,528.46
343.51
157,813.89
TRAILS & BIKEWAYS FD (SB 821)
29,669.25
29,669.25
PARK FEES FUND
208,312.20
208,312.20
S PARKS GRANT (PRP A) FD
(376,308.93)
(222,224.71)
(598,533.64)
FACILITIES & PARK DEVEL. FD
1,375,466.04
1,375,466.04
COM DEV BLOCK GRANT FD
9,319.91
4,595.23
(42,136.10)
(37,411.42)
CITIZENS OPT -PUBLIC SAFETY FD
383,417.05
154.77
(42,973.06)
340,289.22
NARCOTICS ASSET SEIZURE FD
313,989.28
313,989.28
LANDSCAPE DIST #38 FD
395,265.49 101,516.38
16,481.57
480,300.30
LANDSCAPE DIST #39 FD
100,899.65 65,765.80
11,323.41
155,342.04
LANDSCAPE DIST #41 FD
261,271.09 48,765.79
20,862.87
289,174.01
GRAND AV CONST FUND
139,130.78
139,130.78
CAP IMPROVEMENT PRJ FD
(984,972.55)
35,819.89
630,140.54
(390,651.90)
SELF INSURANCE FUND
929,630.58
1,276.00
928 354.58
TOTALS
$2117401012.37 2,172,367.87
$1,051,143.52
$0.00
$22,861,236.72
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$36,417.30
PAYROLL ACCOUNT
540.89
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$37,708.19
INVESTMENTS:
US TREASURY Money Market Acct.
$1,420,927.95
LOCAL AGENCY INVESTMENT FD
21,402,600.58
TOTAL INVESTMENTS
$22,823,528.53
TOTAL CASH
•$22,861,236.72
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 December 1998 5.374%
Money Market -Effective Yield for November 1998 3.962%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The bove summary provides sufficient cash flow liquidity to meet the next six month's
es ' teexpenditurmoe.
Terrence L. Belanger, Treasurer
POOLED MONEY INVESTMENT ACCOUNT
SUMMARY OF INVESTMENT DATA
A COMPARISON OF DECEMBER 1998 WITH DECEMBER 1997
(Dollars in Thousands)
DECEMBER 1998 DECEMBER 1997 CHANGE
Average Daily Portfolio $32,147,129 $27,724,618 + $4,422,511
Accrued Earnings $146,724 $135,263 +S11,461
Effective Yield 5.374 5.744 -.37
Average Life—Month End (in days) 198 201 -3
Total Security Transactions
Amount $17,495,319
$23,303,772 -$5,808,453
Number 391 519 -128
Total Time Deposit Transactions
Amount $648,750 $643,490 +$5,260
Number 59 56 +3
Average Workday Investment Activity $824,730 $1,088,512 -$263,782
Prescribed Demand Account Balances
For Services $226,490 $156,665 +$69,825
For Uncollected Funds $151,957 $154,167 -$2,210
LOCAL AGENCY INVESTMENT FUND*
SUMMARY OF ACTIVITY
DECEMBER 1998
BEGINNING BALANCE DEPOSITS WITHDRAWALS
$13,908,152,604.36 $2,253,145,000.00 $1,507,609,271.17
*Local Agency Investment Fund Invested Through Pooled Money Investment Account
MONTH END BALANCE
$14,653,688,333.19
Fair Value Including Accrued Interest
$ 34,697,798,705.51
Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
The value of each participating dollar equals the fair value divided by the amortized cost (1.001567080).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its
participation in the LAIF valued at $20,031,341.60, or $20,000,000.00 x 1.001567080.
Participation factor for 12-31-98 is1.001567080
State of California
Pooled Money Investment Account
Market Valuation
12/31/98
Description
Carrying Cost Plus
Accrued Interest Purch.
Amortized Cost
Fair Value
Accrued Interest
United States Treasury:
Bills
$
3,207,800,170.01
$
3,273,658,263.01
$ 3,278,750,186.80
NA
Notes
$
4,828,095,088.02
$
4,826,497,416.32
$ 4,861,586,500.00
$
65,657,076.25
Federal Agency:
Bonds
$
2,815,609,518.80
$
2,812,199,216.19
$ 2,816,148,994.00
$
41,122,790.63
Floaters
$
170,000,000.00
$
170,000,000.00
$ 169,918,100.00
$
1,190,959.90
MBS
$
89,537,569.96
$
89,537,569.96
$ 91,117,662.54
$
526,246.84
GNMA
$
1,986,284.48
$
1,986,284.48
$ 2,228,196.34
$
19,644.44
SBA
$
278,639,576.81
$
278,556,609.56
$ 279,746,061.50
$
2,716,777.77
FHLMC PC
$
19,331,848.26
$
19,331,848.26
$ 20,603,392.10
$
310,276.45
Discount Notes
$
2,791,915,768.84
$
2,832,196,628.42
$ 2,834,795,296.05
NA
Bankers Acceptances
$
65,410,488.10
$
66,016,245.26
$ 66,028,537.13
NA
Corporate:
Bonds
$
629,243,852.80
$
628,391,144.47
$ 629,923,196.20
$
11,951,703.81
Floaters
$
1,024,392,869.88
$
1,024,236,828.21
$ 1,022,492,080.50
$
6,228,859.64
CDs
$
4,593,820,714.03
$
4,592,061,997.22
$ 4,593,395,178.31
$
64,565,246.11
Bank Notes
3
1;934,980,489.48
$
1,934,980,489.48
$ 1,935,623,782.10
$
29,241,176.39
Repurchase Agreements
NA
NA
NA
NA
Time Deposits
$
1,958,140,000.00
$
1,958,140,000.00
$ 1,958,140,000.00
NA
AB 55 & GF Loans
$
2,172,055,812.34
$
2,172,055,812.34
$ 2,172,055,812.34
NA
Commercial Paper
$
7,980,736,794.30
$
8,039,231,629.95
$ 8,040,465,758.92
NA
Reverse Repurchase
$
297,895,000.00
$
297,895,000.00
$ 297,895,000.00
$
855,787.55
TOTAL
$
34,263,801,846.11
$
34,421,182,983.13
$ 34,475,123,734.83
$
222,674,970.68
Fair Value Including Accrued Interest
$ 34,697,798,705.51
Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and
Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
The value of each participating dollar equals the fair value divided by the amortized cost (1.001567080).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its
participation in the LAIF valued at $20,031,341.60, or $20,000,000.00 x 1.001567080.
Participation factor for 12-31-98 is1.001567080
Portfolio as of 12-31-98
Pooled Money Investment Account
PAR VALUES MATURING BY DATE AND TYPE
Maturities in Millions of Dollars
Kr-A*UKY
L$
50
1 $
1,250
1 $
100
$
752
$
260
$
800
$
275
$
REPO
345
$
782
$ 953
$ 272
$ 16
$
21
JI
TDs
$
636
$
663
$
371
$
112
$
62
$
67
$
25
$
AGENCY
$
534
$
408
$
180
$
357
$
354
$
793
$
1,255
$
BAs
$
12
$
55
CP
$
2,193
$
2,519
$
2,355
$
100
$
585
$
150
CDs + BNs
$
1,947
$
1,585
$
355
$
420
$
590
$
550
$
155
$
CORP BND
$
56
$
75
$
112
$
26
$
25
$
75
$
TOTAL
$ 32,462
$
5,416
$
6,500
$
3,485
1
1,822
$
1,876
PERCENT
16.7%
200%
1070/
ca
°
600 S 1,650 $ 2,025 $ 425
1
$
21
345
$
782
$ 953
$ 272
$ 16
$
21
375
$
400
$ 50
85
$
127
$ 294
$ 603
$ 133
$
40
,40fi
;
2,980
; 3,322
; 1,300
; 149
$
61
/e 0.070 7.3% 5.5% 4.3% 9.2% 10.2% 4.0% 0.5% 0.2%
Note: Floating Rate Securities are represented at coupon change date.
Note: Mortgages are represented at current book value.
Note: Figures are rounded to the nearest million.
Note: Does not include A856 and General Fund loans
Febrtt -!p,1.g99 iii i : 0 i
TO: City of Diamond Bar
ATTENTION: Tommye Cribbins, Deputy City Clerk
RE: Claim Jones v. Diamond Bar
Claimant Rosa M. Jones
D/Event 10/15/98
Rec'd Y/Office 11/4/98
Our File S 100358 MRQ
We have reviewed the above captioned claim and request that you take the action indicated
below:
• CLAIM REJECTION• Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. If you have any
questions please contact the undersigned.
Very truly yours
CARL WARREN & COMPANY
�'ic�a�zd e , %""e
Richard D. Marque
cc: CJPIA
Attn: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
750 The City Drive • Ste 400. Orange, CA 92868
Mail: P.O. Box 25180 . Santa Ana, Ca 92799-5180
Phone: (714) 740-7999 • (80o) 572-6900 . Fax: (714) 740-9412
TO PERSON OR PROPERTY
Iti'STRC C7 IC}�1$ �
1. Claims for death, injury to person or_P perkZ-21 p7rA must be filed not
later than ( mos. after the occurren� ov Ccde Sec. 1)
2. Claims for damages to real property be jleedcrp. late:- 4h 1 year after the
occurrence. (Gov. Code Sec. 911.2) rn
3. Read entire claim before filing. -
4. See page 2 for diagram upon whic -t• H%4, tee;,lace i q.5cidetM
5. This claim form must be signed on ge 2 fit,*eottorna; Z.
6. Attach separate sheets, if necessa �;iv��.-..11 de`13s. SIGIE�.CFI SHEET.
7. Claim must be filed with City Cler Cov.,Fi S:c. 915a)t i
To: The City of Diamond Bar '/>
Name of Claimant
ka:�A �Q - - —,
Ho a ;qssLCla=,ant City and State
-) I omaa�� q- 17111,65
Business Ad L ess of laicn r City and Slate
Give address to which you de6ire notices or communications to be sent re arding this claim:
CLAIM No. ----- _
G .'.. r_ . . _.. -.
How did DAMAGE or INJIJRY occur? Give full particulars.
P-11 c -
Age of Caalmant (it natural person)
.r.3
VHome�Y 1 T/ellephorA Number
/ G
/ a!J` (n 1, 1 %7 X3
W -hen did DAMAGE or INJURY occur? Give full particulars, date, time of day:
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give
street names and addresses and measurements from landmarks:
cam, n
What particular ACT or OMISSIO do you claim caused the injury or damage? Giveinames of City employees causing the injury or
carnage, ti known:
(Y
i
h� �L C 7'L' % `
� j &' k i I. ti- )TT! l� l -1,) A-- L" L `%
What AM- E cr NJURIES do you claim resulted? Give full extent of injuries or damages claimed: /
cc5CS ��,�'� C 1 �s ,�=C�l yGlh6, �,� l✓Gz��/� �C /e /1�4CGt5es
Wha'f ,,ANI0UNT do y
computation:
laim on account of each item of injury or damage as of ,
ORS n1 , ,�c (--
of presentation oz trus claim, giving ud-%- w
Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or aamage, g3Vicig uab.b �•
computation:
SEE PAGE 2 (OVER)
THIS CLAIM MUST BE SIGNED ON REVERSE SIDE
Insurance payments received, if any, names of Insurance Company:
/1 D A/
Expenditures made on account of accident or injury: (Date—Item) (Amount
/ /c'i- r
'e and address of Witnesses, Doctors and spitals:
Lj�r�;<► >U c, sc� ��� -Phi I
kr
�qiaJIE&
READ CAREFULLY
For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place t
accident by "X" and by showing house numbers or distances to street corners.
If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourse.
or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or yot
vehicle at the time of the accident by 'B-1" and the .point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AUTOMOBILE ACCIDENTS
FOR OTHER ACCIDENTS
CURB
Signature of Claimant or person filing on his behalf giving Typed Name: Date
relationshi to Claim .
TIAL�iS 1,11ST BE�FILED WITH CITY CLERK (GOV. CODE SEC. 915a) .
February 4, 1999
TO: City of Diamond Bar
ATTENTION: Tommye A. Cribbins, Deputy City Clerk
Nt:•, ! i-
99 FEB -8 FH 8: 31
RE: Claim O'Rourke v. Diamond Bar
Claimant Thomas & Lorraine O'Rourke
D/Event 8/4/98
Rec'd Y/Office 1/29/99
Our File S 100617 RWQ
We have reviewed the above captioned claim and request that you take the action indicated
below:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. If you have any
questions please contact the undersigned.
Very truly yours
CARL WARREN & COMPANY
R "44d D. X"tae
Richard D. Marque
cc: CJPIA
Attn: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
750 The City Drive • Ste 400 . Orange, CA 92868
Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180
Phone: (714) 740-7999 • (800) 572-6900 9 Fax: (714) 740-9412
File # - 019860-9 N, .0'kMA. 3:.)
TO PERSON (DR PROPERTY cl.,A -m No. —.._
INSTRUCTIONS
1. Claims for death, injury to person or tcc pemonal lrtp,rty :nest be filyd not
later than 6 mos. after the occurrence. 'Gov. Zode Sec. MI.::)
2. Claims for damages to real property must be filed not latia than 1 year after the
occurrence. (Gov. Code Sec. 911.2)
3. Read entire claim before filing.
4. See page 2 for diagram upon which to locate place )f a.,::Ldent.
5. This claim form must be signed on page 2 at bottom.
6. Attach separate sheets, if necessary, to give full details. SIG. EAC1i SHEET.
Claim must be filed with City Clerk (Gay. Code Sec. 915a)
To: The City of Diamond Bar
r,r7
Name of Claimant Age of Claimant (if natural person)
71161,941• D ,Q 4v� K l' a,? R11i a'� ,,) ,Q • �a K_ c L/AJ 9
Home Address of Claimant C.ty and -tate Home Telephone Number
2-r iPCC AP l�or»_a.,'A 1,1 94- 6'Li-7-&Y
Business Address of Claimant C.t and -tate Business Telephone Number
lJN K� '
Give address to which you desire notices or communications to be sent regarding this claim:
"/a CAS Oicf'•c%i 4r' ST�igt->✓ Art-: AL &vAc.rvCv—
fo. goX 931 S e, -4 -Jo P,4 9 /3,0; 1 3 6 5
_ p�,�� : dig - 8u -,
How did DAMAGE or IN URY occur? Give full particulars.
A6c A1j1" is Ail
74 pojTSiG��91LN:`v L✓/diLli (,'Npl� 4.vJ"JeA<i /vlYb/ <i,yjr 07� oi/Jw��.,i fAiw�7
.vI �✓ 0�
OU 2 tG; d>v7'f % moo- i1T,i u C is.✓ 4fr� J� si4/L,
o.�n-�e AT
aX �rfl 7n
W -hen did DAMAGE or INJURY occur? Give full particulars, date, time of day:
9/4/$J- NT // X00 Fi.r)
Where did DAMAGE or P1JURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give
street names and addresses and measurements from landmarks:
40 FkCCIAy
What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or
damage, if known:
14 c-)&,"c�/ f)�/�A1T LAir.EO70�v,�le-�/ /rlcTti.���;1 �{ O/rr✓ :?c.y A7
fin otiF' ofF.¢A,,1P• P2o/c�a��. /vrrc» J�c.,rf WcJ� .4>r�4v� �.wvrcr� cc:c>v
71 a
T�1sx�B y A✓�: v; .,r9 tet- o�M.�9i- � •ytt-� �.� a-.
What DAiNL? GE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
Pec,Pf -7y 40-4-,"Afr OXLy. 7a; -,*c- 0/v a -s
SCZ� /F:`TCbrn SdPPe.UTivy Qor...r�t3.T1.
What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of
computation:
i 2, g o 1. 97
Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of
computation:
SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE
Insurance payments received, if any, and names of Insurance Company:
STABAR,n�r ✓,t �..rc� �A%O $ L
� �� • 7. <Z,�r ✓neo pA:,� ,� 2 ,tom. •v
Expenditures made on account of accident or injury: (Dace—Item) .��Odc7��CF
Ski(Amon
%TA CH (,'p FS 7-;1m a Ttr
Name and and address of Witnesses, Doctors and Hospitals:
/✓G '/ f .
READ CAREFULLY
For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place
accident by "X" and by showing house numbers or distances to street corners.
If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B', location of yourse
or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or yoc
vehicle at the time of the accident by "B-1" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AUTOMOBILE ACCIDENTS LJ L
�IZ
7
FOR i OTHER ACCIDENTS
PARKWAYCURB
SIDEWALK
t3�
Q
��2
�
Signature of Claimant or per 7 filing on his behalf giving
relationship to Claimant: /,/ g g Typed Name: /Q L W .4 G .v �R_
C •`�L Aw o X- Date
S✓8.¢c94n'.v�' -W 8����i sr Fi'c� c� S��p.rc+✓ bFErN
ST 73r % 3a'` 9167
'� G,a n ..1 �. f. ✓ A. 'Ia,. c cl"N' y n Pa,c
ci3 9i.1��,�:tcS
CL:�Dr"UST BE FILED WITH CITY CLERK (GCyV- SDE SEC. 915a).
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. 6, 7 A
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 16, 1999 REPORT DATE: February 10, 1999
FROM: Terrence L. Belanger. Citv Manager
TITLE: Reduction of Subdivision Improvement Bonds (Faithful Performance and Labor &
Material) for Tract No. 47850 (Diamond Bar West Partners).
SUMMARY: Diamond Bar West Partners has requested a reduction in security amounts (surety
bonds) commensurate with progress of work for various improvements required in accordance
with the subdivision agreement for Tract No. 47850. Diamond Bar West Partners has
satisfactorily completed substantial amounts of the work and has requested a reduction of the
amounts of certain bonds be authorized.
RECOMMENDATION: It is recommended that the City Council approve the reduction of
a) Bond No. 418853S - Grading Bond from $1,596,279.00 to $399,069.75 ;
b) Bond No. 4188545 - Sewer/Street/S.D. from $682,946.00 to $341,473.00 ;
c) Bond No. 4188555 - Domestic Water from $208,401.60 to $104,200.80;
d) Bond No. 4188575 - Monumentation from $4,250.00 to $2,125.00; and
e) direct the City Clerk to notify the Principal and Surety of these actions.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification
_ Ordinances(s) x Other: Subdivision Improvement Bonds
_ Agreement(s) on file with the City Clerk
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
N/A _ Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
N/A —Yes _ No
4. Has the report been reviewed by a Commission?
N/A _ Yes _ No
5. Are other departments affected by the report? Planning Division x Yes —No
REVIEWED BY:
lilla;wl
Terrence L. Bel er
City Manager
James DeStef o
Deputy City Manager
Liu
Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO. _
MEETING DATE: February 16, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Reduction of Subdivision Improvement Bonds (Faithful Performance
and Labor & Material) for Tract No. 47850 (Diamond Bar West
Partners).
ISSUE STATEMENT
Consider reduction in security amount (surety bond) commensurate with progress of work for
various improvements required in accordance with the subdivision agreement for Tract No.
47850.
RECOMMENDATION
It is recommended that the City Council approve the reduction of:
a) Bond No. 418853S - Grading Bond from $1,596,279.00 to $399,069.75 ;
b) Bond No. 418854S - Sewer/Street/S.D. from $682,946.00 to $341,473.00;
c) Bond No. 4188555 - Domestic Water from $208,401.60 to $104,200.80 ;
d) Bond No. 419857S - Monumentation from $4,250.00 to $2,125.00; and
e) direct the City Clerk to notify the Principal and Surety of these actions.
FINANCIAL SUMMARY
This action has no fiscal impact on the City.
BACKGROUND
In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement
with Diamond Bar West Partners (subdivider) to complete various improvements. The subdivider
guaranteed faithful performance of this agreement by posting with the City various surety bond -
bond for Grading Improvements, Streets, Sewer, and Storm Drains Improvements, Domestic
Water Improvements and Monumentation. While the entirety of the agreement has not been
achieved, the subdivider has satisfactorily completed substantial amounts of the work and has
requested a reduction of the amounts of certain bonds be authorized.
DISCUSSION
The following surety bonds are recommended for reduction:
Account Number: 4188535 Grading Bond
Original Amount: $1,596,279.00
New Reduced Amount: $399,069.75 (75% reduction)
Account Number: 4188545 Sewer/Street/S.D. Bond
Original Amount: $682,946.00
New Reduced Amount: $341,473.00 (50% reduction)
Account Number: 4188555 Domestic Water Bond
Original Amount: $208,401.60
New Reduced Amount: $104,200.80 (50% reduction)
Account Number: 4188575 Monumentation Bond
Original Amount: $4,250.00
New Reduced Amount: $2,125.00 (50% reduction)
Prepared by:
Rose Manela
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 16, 1999 REPORT DATE: February 10, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Reduction and Exoneration of Subdivision Improvement Bonds for Tract No. 47851
(Diamond Bar East Partners).
SUMMARY: Diamond Bar East Partners has requested a reduction in security amount (surety
bond) commensurate with progress of work for landscaping and irrigation improvements required
in accordance with the subdivision agreement for Tract No. 47851. Diamond Bar East Partners
has satisfactorily completed substantial amounts of the work and has requested a reduction of the
amounts of certain bonds be authorized.
RECOMMENDATION: It is recommended that the City Council approve the reduction of Bond
No. 1513035 of Developers Insurance Company for Landscape/Irrigation from $25,000.00 to
$12,500.00 and direct the City Clerk to notify the Principal and Surety of these actions.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification
_ Ordinances(s) x Other: Subdivision Improvement Bonds
_ Agreement(s) on file with the City Clerk
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed N/A —Yes —No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? N/A —Yes— No
4. Has the report been reviewed by a Commission? N/A _ Yes_ No
Which Commission?
5. Are other departments affected by the report? Planning Division x Yes_ No
REVIEWED BY:
Terrence L. ela ger James DeStefan id G. Liu
City Manager Deputy City Manager Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO. _
MEETING DATE: March 4, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Reduction and Exoneration of Subdivision Improvement Bonds for
Tract No. 47851 (Diamond Bar East Partners).
ISSUE STATEMENT
Consider exoneration and/or reduction in security amount (surety bond) commensurate with
progress of work for various improvements required in accordance with the subdivision
agreement.
RECOMMENDATION
It is recommended that the City Council approve the reduction of Bond No. 151303S of
Developers Insurance Company for Landscape/Irrigation from $25,000.00 to $12,500.00 and
direct the City Clerk to notify the Principal and Surety of these actions.
FINANCIAL SUMMARY
This action has no fiscal impact on the City.
BACKGROUND
In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement
with Diamond Bar East Partners (subdivider) to complete various improvements. The subdivider
guaranteed faithful performance of this agreement by posting with the City various surety bonds -
bonds for Grading Improvements, Reclaimed Water Improvements, and Streambed Revegetation,
and Landscape/Irrigation Maintenance. While the entirety of the agreement has not been satisfied,
the subdivider has satisfactorily completed substantial amounts of the landscaping/irrigation work
and has requested a reduction of the amount of the landscapinglirrigation bond be authorized.
DISCUSSION
The following surety bond is recommended for reduction:
Tract No.: 47851
Bond Number: 151303S, Irrigation and Landscaping
Original Amount: $25,000
Revised Amount. $12,500
Reason: Installation of landscape/irrigation has been complete. The reduced
amount will be sufficient to cover maintenance until the homeowner
association assumes maintenance in accordance with the CC&R's.
Prepared BY;
Rose E. Manela
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.y • 6
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 16, 1999 REPORT DATE: February 9, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Transportation Development Act (TDA) Article 3 (SB 82 1) Allocation for Fiscal Year
1998-99.
SUMMARY: For Fiscal Year 1998-99, the Los Angeles County Metropolitan Transportation
Authority allocated $20,517 to the City of Diamond Bar for the construction of various pedestrian
and bicycle -related facilities and projects. To date, the City has reserved a total of $66,486 (Fiscal
Years 1995-96, 1996-97, and 1997-98). Fiscal Year 1998-99's allocation of $20,517 will bring
the City's SB 821 fund balance to $87,003. The City is permitted to accumulate funds for use in
Capital Improvement projects. At this time, it is recommended that the Fiscal Year 1998-99
allocation be reserved for the Brea Canyon Road Streetscape Improvement Project.
RECOMMENDATION: That the City Council reserve the City's $20,517 TDA Article 3 (SB
821) allocation for Fiscal Year 1998-99.
LIST OF ATTACHMENTS: X Staff Report —Public Hearing Notification
Resolution(s) _ Bid Specification (on file in City
Clerk's office)
Ordinance(s) X Other: TDA Article 3 Apportionment
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been
_ Yes
_ No
reviewed by the City Attorney? N/A
2.
Does the report require a majority vote? Majority
X Yes
_ No
3.
Has environmental impact been assessed? N/A
_ Yes
_ No
4.
Has the report been reviewed by a Commission?
_ Yes
_ No
Which Commission? N/A
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
James DeStefano
Deputy City Manager
Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: February 16, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Transportation Development Act (TDA) Article 3 (SB 82 1) Allocation for
Fiscal Year 1998-99.
ISSUE STATEMENT:
Reservation of the City's $20,517 TDA Article 3 (SB 82 1) money allocated for Fiscal Year 1998-
99.
RECOMMENDATION:
That the City Council reserve the City of Diamond Bar's $20,517 TDA Article 3 (SB 821)
allocation for Fiscal Year 1998-99.
FINANCIAL SUMMARY:
The recommended action has no financial impact on the City's Fiscal Year 1998-99 budget.
BACKGROUND/DISCUSSION:
The Transportation Development Act (TDA) provides two major sources of funding for public
transportation: the Local Transportation Fund (LTF), which has been in existence since 1972 (SB
325), and the State Transportation Assistance (STA) fund which came into being in 1980.
Revenues to the LTF are derived from'/4 cent of the 8.25 -cent retail sales tax collected statewide.
The'/4 cent is returned by the State Board of Equalization to each county according to the
amount of tax collected in that county. Revenues to the STA are derived from statewide sales tax
on gasoline and diesel fuel.
On annual basis, the Los Angeles County Metropolitan Transportation Authority (LACMTA)
allocates TDA Article (SB 82 1) funds to local jurisdictions. For Fiscal Year 1998-99,
approximately $4,198,699 in TDA Article 3 Local funds are allocated to cities in Los Angeles
County for the construction of bicycle and pedestrian facilities. These funds are allocated to each
city on a per -capita basis. As such, $20,517 is allocated to the City of Diamond Bar.
Page Two
TDA Article 3 (SB 821): FY 1998-99
February 16, 1999
TDA Article 3 (SB 821) funds are to be used for various bicycle and pedestrian -related
improvement projects, which promote the use of public transit alternatives, and encourage the
construction, retrofitting, and/or improvement of local and regional bicycle and pedestrian
facilities.
To date, the City of Diamond Bar has reserved with the LACMTA a total of $66,486 from Fiscal
Years 1995-96, 1996-97, and 1997-98. This year's reserve of $20,517 brings the City's total fund
balance to $87,003. Reserve funds must be claimed by the fourth June 30 from the date they were
made available by the LACMTA. Once claimed, the City has two years to expend or obligate the
funds by signed contract. The City may request for a one-year extension. Exceptions to this
lapsing policy may be made by the LACMTA on a case-by-case basis for jurisdiction banking their
annual allocations for future use of specific projects.
Staff has identified the Brea Canyon Road Streetscape Improvement Project (between Pathfinder
Road and the southerly City limit) to be partially funded by TDA Article 3 (SB 82 1) monies. At
this time, it is recommended that the $20,517 allocated for Fiscal Year 1998-99 be reserved for
this project. The City is permitted to accumulate funds, which it has done in the past, to use on
Capital projects.
Prepared By: David G. Liu/Tseday Aberra
2
P"^.
JAN
JAN 1! 1999
CITY OF
A��IVI�NGSPOR'
3 F1
'A 3 FUNDING
"IONAL PROGRAM COOR
998-99 TRANSPORTATION
LOCAL FUNDS.
-portation Development Act
-99. This year, there is appy
cal funds available to cities
oicycle and pedestrian facilitie-
A per -capita basis.
y. the funds, or place them on rest.
N apse end be reallocated in the following isi.ai veal -I
c 'tereceived by the MTA no later than June 'C 1904j if
Ir -le -,ends from lapsing. Also, cities can only draw dowt-1 runcs
e�.Dended by June 30, 1999. Any funds which -emair
)rg,mtn accumulated interest, as of the end of the fiscal ;rear
and reallocation.
UrTner assistance, please call me at (213) 922-3098
TDA ARTICLE 3AppoRTio
CHART I
NPUNT FOR LOS ANGELES
UPDATED AS OF 1/4/99
COUNT Fy 98_99
/
FY 98-99
JURISDICTION
LOCAL
ALLOCATION
FY 989
AGOURA HILLS
JURISDICTION
LOCAL
ALHAMBRA
7,743.00
LOMITA
ALLOCATION
ARCADIA
32,379.00
LONG BEACH
8,099.00
ARTESL4
19,034.00
LOS ANGELES CITY
159,808.00
AVALON
6,007.00
LOS AN(;ELES COUNTY
1,6,251.00
AZUSA
1.253.00
LYNWOOD
783,330.00
BALDWIN PARK
16,161.00
MALIBU
24.13200
BELL
26,916.00
MANHATTAN BEACH
4,511.00
BELLFLOWER
13,313.00
MAYWOOD
12 510.00
BELL23,877.00
GARDENS
MONROVIA
10.654.00
BEVERLY HILLS
16,014.00
MOPREBELLO
14,268.00
BRADBURY
12,1913.00
PARK NTEREY
22718.00
BURBANK
359.00
NORWALK
23.370.00
CALABASAS
37,091.00
PALMDALE
36.525.00
CARSON
6,941.00
PALOS VERDES ESTATES
4185600
CERRITOS
32,433.00
PARAMOUNT
5,120.00
cuREMONr
20'34o.00
PASADENA
19,759.00
COMMERCE
12443.00
PICO RIVERA
50.266.00
COMPTON
4,673.00
POMONA
24.655.00
COVINA
34,194.00
RANCHO PALOS VERDES
51.158.00
CUDAHY
16,810.00
REDONDO BEACH
15,613.00
ULVER CITY
8,936.00
ROLLING HILLS
23.414.00
DIAMOND BAR
14,833.00
ROLLING HILLS ESTATES
72300
DOWNEY
20,517.00
ROSEMEAD
3.003.00
DUARTE
35,667.00
SAN DIMAS
19.941.00
EL MONTE
8,013.00
SAN FERNANDO
12948.00
EL SEGUNDO
41,664.00
SAN GA13RIEL
8164.00
GARDENA
5,879.00
SAN MARINO
14,490.00
GLENDALE
20,853.00
SANTA CLARITA
4,90200
GLENDORA
70,78200
SANTA FE SPRINGS
47.55200
HAWAIIAN GARDENS
18,782. 00
SANTA MONICA
5.74200
HAWTHORNE
5,295.00
SIERRA MADRE
33.059.00
HERMOSA BEACH
28,115.00
SIGNALS
4.089.00
HIDDEN HILLS
7,540.00
SOUTH EL MONTE
3.211.00
HLNVTINGTON PARK
695.00
SOUTH GATE
7,938.00
INDUSTRY
22,021.00
SOUTH PASADENA
33.325.00
INGLEWOOD
275.00
TEMPLE CITY
9,099.00
IRWINDAL,E
42.435.00
TORRANCE
12126.00
LA CANADA FUNTRIDGE
42200
VERNON
51,204.00
LA HABRA HEIGHTS
7,366.00
WAST
3200
LAKEWOOD
2,397.00
WEST COVINA
11,82.00
LA MIRADA
28,305.00
WEST HOLLYWOOD
37,486.00
LANCASTER
16,88200
WESTIAKEVILLAGE
13.603.00
LA RelrE
44,64200
WHITTIER
2868.00
LA VERNE
14,760.00
UNINCORPORATED
30.173.00
LAWNDALE
11,9120o
T O T A L
0.00
10,823.00
4,198,699.00
19"A29MAZU �Y�yyan1.�.7di
P+Ra 1
249 PM.
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 16, 1999 REPORT DATE: February 10, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Park Improvements and ADA Upgrades for Ronald Reagan Park and Heritage Park
SUMMARY: For Fiscal Year 1998-99, Ronald Reagan & Heritage Parks have been scheduled
for ADA retrofit/upgrades. On December 15, 1998 the City Council authorized staff to advertise
for bids for the Park Improvements and ADA Upgrades for Ronald Reagan Park and Heritage
Park. At this time, the City proposes to award a construction contract to the lowest responsible
bidder.
RECOMMENDATION: That the City Council (a) approve a budget adjustment to increase the
total budget amount for this project to $437,700, from the current $311,700, (b) award a
construction contract to 4 -Con Engineering, Inc. in the amount not -to -exceed $366,650.75, and
provide a contingency amount of $15,000 for project change orders to be approved by the City
Manager, for a total authorization of $381,650.75.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification
Ordinances(s) _ Other:
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? _Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L g JaVes DeStefano David G. Liu
City Manager Deputy City Manager Deputy Director of Public Works
MEETING DATE:
TO:
FROM:
SUBJECT:
ISSUE STATEMENT:
CITY COUNCIL REPORT
AGENDA NO.
February 16, 1999
Honorable Mayor and Members of the City Council
Terrence L. Belanger, City Manager
Park Improvements and ADA Upgrades for Ronald Reagan Park
And Heritage Park
The City proposes to award a contract for the Park Improvements and ADA Upgrades for Ronald
Reagan Park and Heritage Park to 4 -Con Engineering, Inc., the lowest responsible and most qualified
bidder. q
RECOMMENDATION:
That the City Council (a) approve a budget adjustment to increase the total budget amount for this
project to $437,700, from the current $311 700
, (b) award a construction contract to
Engineering, Inc. in the amount not -to -exceed $366,650.75, and provide a contingency amo unt of
$15,000 for project change orders to be approved by the City Manager, for a total authorization
amount of $381,650.75.
FINANCIAL SUMMARY:
Currently, the total allocated project budget is as follows:
Park Fees (Quimby) $ 64,000
Park Development Fund $ 52,700
C.D.B.G.Funds $195.000
TOTAL AVAILABLE FUNDS $311,700
The amended total project budget is recommended as follows:
Park Fees (Quimby)
Park Development Fund $ 7,000
8
C.D.B.G.Funds $ 87,700
General Fund $195,000
AMENDED TOTAL AVAILABLE FUNDS $ 6-00
$437,700
PARK IMPROVEMENTS FOR RONALD REAGAN PARK
AND HERITAGE PARK
FEBRUARY 16, 1999
PAGE 2
To accomplish this budget adjustment, the following changes in the CIP
$366,650.75
Inspection Costs:
$ 15,000.00
Design Costs
$ 14,875.00
program are proposed:
$ 4000
Original Revised
Budget Budget
Funding
Source
Budget
Amount
Amount Amount
Chances
L
Sycamore Canyon Park Landslide Repair
Complete design in 1998/99 FY
$ 80,000 $ 15,000
General
($65,000)
Complete repairs in 1999/2000 FY
Fund
2.
Pantera Park Ball Field Lighting
♦
Design costs will be only $15,000
$ 50,000 $ 15 ,000
Park
($35,000)
Complete design in 1998/99 FY
Dev. Fund
♦
Complete construction in 1999/2000 FY
3. Peterson Park Field Drainage Repair $280,000 $254,000 Park
Complete design in 1998/99 FY (12§'000)
Complete repairs in 1999/2000 FY Fees
(Quimby
Project)
TOTAL AVAILABLE FOR RONALD REAGANMERITAGE PARKS ADA PROJECT $126,000
Total cost of the Ronald Reagan Park and Heritage Park ADA project will be as follows:
Contractor Costs
Construction Contingency
$366,650.75
Inspection Costs:
$ 15,000.00
Design Costs
$ 14,875.00
TOTAL COST
$ 4000
$437,295.75
BACKGROUND/DISCUSSION:
On December 15, 1998, the City Council authorized staff to advertise and receive bids for the Park
Improvements and ADA Upgrades for Ronald Reagan Park and Heritage Park. In response to the
advertisements, a total of seventeen (17) contractors obtained plans and specifications for the project.
Since this is a federally assisted construction contract and Federal labor standards will be enforced, a
mandatory pre-bid meeting was held on January 12, 1999. At this meeting, the Section 3 (Housing
and Urban Development Act of 1968) employment and contracting goals were discussed with all
attendees.
PARK IMPROVEMENTS FOR RONALD REAGAN PARK
AND HERITAGE PARK
FEBRUARY 16, 1999
PAGE 3
The purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD -assisted projects, shall, to the
greatest ebe directed to low-
and very low-income persons, particularly persons who are rec p entstof entHUD assistance a for housing.
Formal bids were received and opened on January 19, 1999 from six (6) firms. This project includes
the walkway improvements, playground equipments, ADA accessible amenities
seal/striping, architectural ADA upgrades for restrooms and the Community Center building lotsslurry
Heritage park.
The bids received were as follows:
Company
Base Bid Amount
1 4 -Con Engineering
2• Hondo Co. $366,650.75
3. Malibu Pacific Tennis Courts $366,659.00
$398,636.75
4. Gledson/Cashman Construction
$400,030.11
5. MD Construction
6. S. Parker Engineer $409,259.67
$510,217.65
The bid of $366,650.75, submitted by 4 -Con Engineering, Inc., has been determined by staff to be the
lowest responsible bid. 4 -Con Engineering, Inc.'s references have been contacted and staff has
received favorable responses. Furthermore, based on the evaluation of the Section 3 reponsive bids,
4 -Con Engineering, Inc. has certified that it is a Section 3 business on the basis of its current
employment profile.
Prepared By:
David G. Liu/Bob Rose
Word/Council Reports/R.Rcagan & Heritage Park Improv.
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date executed by
the Mayor and attested to by the City Clerk, by and between 4 -CON ENGINEERING INC.
hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California,
hereinafter referred to as "CITY."
WBERBAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received,
publicly opened, and declared on the date specified in the notice; and
4 -CON
WBEREAS, City did accept the bid of CONTRACTOR
EN _riv��D�G INC
and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, a ui ment and material for PARK 1MPunvvx&v.rro
AND ADA iTPfiitsnrc Dnn „�,�. 9 P
agreed: --
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
1 GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all
labor, tools, III and equipment for and do the work for the
IMPROYEMENTS AND ADAC iipr_D A nsa
the plans and specificatioerfo
ns, dated DECEMBER 15 1998 (The Plaits and Specifications)rined in accordance
with
file
in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in
accordance with the instructions of the City Engineer.
2. INCORPORATED DOC NTS TO
COMPLEMENTARY: The Plans and Specifications are incorporatedBherein by rOe eSIDERED
e and
made a part hereof with like force and effect as if set forth m full herein. The Plans and
Specifications, ONTRACTOW' Prouosal dated JANUARY 19 1999, together with this
written agreement, shall constitute the contract between the parties. This contract is intended to
require a complete and finished piece of work and anything necessary to complete the work
Properly and in accordance with the law and lawful governmental regulations shall be performed
by the CONTRACTOR whether set out specifically in the contract or not. Should it be
ascertained that any inconsistency exists between the aforesaid documents and this written
agreement, the provisions of this written agreement shall control.
TERMS OF CONTRACT
Since this is a Federally assisted construction project, Davis -Bacon will be
enforced. If Federal and State wage rates are applicable, the higher of the two will prevail. The
Federal Labor Standards Provisions (Form HUD -4010) and the Federal Wage Determination are
attached and made part of this agreement, and compliance will be enforced. "This is a Section 3
contract and the prime contractor must address the Section 3 employment and contracting
to be considered a Section 3 responsive bidder. The contract will be awarded to a Sect on 3
responsive bidder provided that the bid amount is reasonable. Any prime contractor or
subcontractor working on a Federally assisted project must be eligible to participate. Any
agreement resulting from this original agreement must contain the same Federal language."
25
The CONTRACTOR agrees to complete the work within NINETY
days from the date of the notice to proceed. (901 calendar
The CONTRACTOR agrees further to the assessment of liquidated damages in the
amount of five hundred ( 500 001 dollars for each calendar day the work remains incomplete
beyond the expiration of the completion date. City may deduct the amount thereof from any
monies due or that may become due the CONTRACTOR under this agreement. Progress
Payments made after the scheduled date of completion shall not constitute a waiver of liquidated
damages.
4. INSURANCE: The CONTRACTOR shall not commence work under this
contract until he has obtained all insurance required hereunder in a company or companies
acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on
his subcontract until all insurance required of the subcontractor has been obtained. The
CONTRACTOR shall take out and maintain at all times during the life of this contract the
following policies of insurance:
a• Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the City a certificate of insurance as proof
that he has taken out full workers' compensation insurance for all persons
whom he may employ directly or through subcontractors in carrying out
the work specified herein, in accordance with the laws of the State of
California. Such insurance shall be maintained in full force and effect
during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every CONTRACTOR shall secure the payment of compensation to
his employees. The CONTRACTOR, prior to commencing work, shall
sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers'
compensation or to undertake self insurance in accordance with the
Provisions of that Code, and I will comply with
such provisions before commencing the performance of work of this
contract."
b. For all operations of the CONTRACTOR or any sub -contractor in
performing the work provided for herein, insurance with the following
minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000 each
person; $500,000 aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each
person; $1,000,000 each accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each
accident; $500,000 aggregate.
26
5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each
accident.
6) Automobile - Property Damage $250,000 each accident.
C. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City,
which is admitted to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid
documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or
owned by the designated additional insured shall be called upon to
cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until
thirty (30) days after receipt by City of a written notice of such
cancellation or reduction of coverage as evidenced by receipt of a
registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided for in paragraph b. by
reason of any claim arising out of or connected with the operations
Of CONTRACTOR or any subcontractor in performing the work
provided for herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the notice
of award of the Contract, deliver to the City Manager or his designee the
original policies of insurance required in paragraphs a. and b. hereof, or
deliver to the City Manager or his designee a certificate of the insurance
company, showing the issuance of such insurance, and the additional
insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for
27
work of a similar character in the locality in which the public works is performed, and not less
than the general prevailing rate of per diem wages for holiday and overtime work. In that regard,
the Director of the Department of Industrial Relations of the State of California is required to and
has determined such general prevailing rates of per diem wages. Copies of such prevailing rates
of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite
100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five
dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate
of wages hereinbefore stipulated for any work done under this Agreement, by him or by any
subcontractor under him.
6. APPRENTICESHIP EXIPLOYMENT In accordance with the provisions of
Section 1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the performance of
the work.
The CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or oume
n in
any apprenticea.ble trade on such contracts and if other CONTRACTOR'S on the public works
site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
requireents Information relative to apprenticeship standards, wage schedules and other
mmay be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK Eight (8) hours of labor shall constitute a legal
day's work for all workmen employed in the execution of this contract, and the CONTRACTOR
and any sub -contractor under him shall comply with and be governed by the laws of the State of
California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of
the Labor Code of the State of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, tw
($25.00) for each laborer, workman or mechanic employed in the executionenty-five dollars
w the contract, by
him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for
each calendar day during which the laborer, workman or mechanic is required or permitted to
labor more than eight (8) hours in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay
travel and subsistence pay to each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers,
agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for
any loss or damage that may happen to the work or any part thereof, or for any of the materials or
28
other things used or employed in performing the work; or for injury or damage to any person or
persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the
public, or for damage to adjoining or other property from any cause whatsoever arising out of or
in connection with the performance of the work. The CONTRACTOR shall be responsible for
any damage or injury to any person or property resulting from defects or obstructions or from any
cause whatsoever.
The CONTRACTOR will indemnify Indemnitees against and will hold and save
Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties,
obligations or liabilities that may be asserted or claimed by any person,firm,
Political subdivision, or other or entity, corporation,
organization arising out of or in connection with the work,
operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees
provided for herein, whether or not there is concurrent passive or active negligence on the part of
City. In connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection
with any such claims, damages, penalties, obligations or liabilities and will
Pay all costs and expenses, including attorneys' fees incurred in connection
therewith.
b. The CONTRACTOR will promptly pay any judgment rendered against the
CONTRACTOR or Indemnitees covering such claims, damages, penalties,
obligations and liabilities arising out of or in connection with such work,
operations or activities of the CONTRACTOR hereunder, and the
CONTRACTOR agrees to save and hold the Indemnitees harmless
therefrom.
C. In the event Indemnitees are made a party to any action or proceeding filed
or. prosecuted against the CONTRACTOR for damages or other claims
asing out of or in connection with the work, operation or activities
hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all
costs and expenses incurred by Indemnitees in such action or proceeding
together with reasonable attorneys' fees.
So much of the money due to the CONTRACTOR under and by virtue of the
contract as shall be considered necessary by City may be retained by City until disposition has
been made of such actions or claims for damages as aforesaid.
This indemnity provision shall survive the termination of the Agreement and is in
addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability ofany
insurance coverages which may have been required under this Agreement or any additional
insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against the Indemnitees, while acting
within the scope of their duties, from all claims, losses and liabilities arising our of or incident to
activities or operations performed by or on behalf of the Indemnitor regardless of any prior,
concurrent, or subsequent active or passive negligence by the Indemnitees.
10, NON-DISCRIMINATION Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by this
29
Agreement because of the race, color or religion of such person. A violation of this ion
exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. sect
11. CONTRACT PRICE AND PAYMENT City shall pay to the CONTRACTOR
for furnishing all material and doing the prescribed work the unit prices set forth in the Price
Schedule in accordance with CONTRACTOR'S Proposal dated JANUARY 19, 1999.
12. ATTORNEY'S FEES • In the event that any action or proceeding is brought by
either party to enforce any term of provision of the this agreement, the prevailing
recover its reasonable attorney's fees and costs incurred with pect thereto. party shall
13. TERMINATION This agreement may be terminated by the City, without cause,
upon the giving of a written "Notice of Termination to CONTRACTOR at least thirty (30) days
prior to the date of termination specified in the notice. In the event of such
termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily
incurred prior to the effective date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the
formalities required by law on the respective dates set forth opposite their signatures.
State of California
"CONTRACTOR'S" License No. A-748284
Date
Date
Date
4 -CON ENGINEERING, INC
896 W. TENTH STREET
AZUSA, CA 91702
0
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
MAYOR
ATTEST:
By:
CITY CLERK
30
CONTRACTOR'S Business Phone (626) 633-9232. FAX (626) 633-9212
Emergency Phone at which CONTRACTOR can be reached at any time
APPROVED AS TO FORM:
CITY ATTORNEY
Date
C:\wP6oEiNDAKAYWGREE-98\98n ...t.w\REVISION 1995-96
31
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 16, 1999 REPORT DATE: February 10, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Park Improvements and ADA Upgrades for Ronald Reagan Park and Heritage Park
SUMMARY: The City Council will be awarding a construction contract to 4 -Con Engineering,
Inc. for the Park Improvements and ADA Upgrades for Ronald Reagan & Heritage Parks. At this
time, the City proposes to award a construction inspection services contract to D & J
Engineering. As the City's Building & Safety Consultant/Building Official, D & J Engineering is
thoroughly familiar with the ADA standards and code compliance requirements.
RECOMMENDATION: That the City Council authorize the City Manager to approve a
purchase order to D & J Engineering for construction inspection services in an amount not -to -
exceed $14,875.00.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification
_ Ordinances(s) X Other: D & J Proposal, dated 12/30/98
_ 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:
Ten ice L. BRIanger
City Manager
*40t�e_
James DeStefano
Deputy City Manager
N/A _ Yes _ No
Majority
N/A _ Yes _ No
N/A _ Yes _ No
_Yes X No
avi G. iu
Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: February 16, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Park Improvements and ADA Upgrades for Ronald Reagan Park
And Heritage Park
ISSUE STATEMENT:
The City desires to utilize D & J Engineering for the construction inspection services.
RECOMMENDATION:
That the City Council authorize the City Manager to approve a purchase order to D & J Engineering
for construction inspection services in an amount not -to -exceed $14,875.00.
FINANCIAL SUMMARY:
There are sufficient funds allocated in the 1998/99 FY budget to provide for this contract.
BACKGROUND/DISCUSSION:
The City Council will be awarding a construction contract to 4 -Con Engineering, Inc. for the Park
Improvements and ADA Upgrades for Ronald Reagan Park and Heritage Park. To ensure this project
will be constructed in compliance with the approved plans and specifications, staff requested
proposal for D & J Engineering for the construction inspection services. The construction inspection
services include: inspection, review and recommendation of progress payments, review of ADA
compliance, monitoring and adherence to construction schedule, meeting attendance, etc.
As the City's Building and Safety Consultant/Building Official, D & J Engineering has been assisting
the City during the design phase and is thoroughly familiar with the ADA standards and code
compliance requirements. Under the current contract provisions, the City has the ability to
utilize/retain the services of D & J Engineering for the proposed inspection work.
Prepared By:
David G. Liu
Word/Council Reporls/R.Reagan & Heritage Park Improv.
D&J1fi4Jfi1Wft4
• PLAN REVIEW • INSPECTION • ADMINISTRATION
556 N. Diamond Bu Blvd. #301, Diamond Bu, CA 91765
Phone (909) 396-6984 0 Fax (909) 396-7634
December 30,1998
L
Mr. David Liu
Deputy Director of Public Works
City of Diamond Bar
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
Re: Inspection Services for Ronald Reagan Park and Heritage park A.D.A. Upgrade
Dear Mr. Liu:
Per your requests, D&J Engineering is pleased to submit this letter of proposal for inspection
services for the construction/installation of Ronald Reagan and Heritage Park A.D.A.
Upgrades.
D&J Engineering proposes the following scope of services:
1. Provide field inspection of construction to verify work is in conformance with the
approved plans and specifications.
2. Interpret the approved plans and to assure the field changes ( due to soils conditions,
and topography) meet approved standard construction methods. Changes requiring
extra work and change orders will be brought to the attention of the City Project
Manager for review and approval.
3. Review the progress pay requests prior to approval by the City.
4. Prepare project punch list for items needed to be completed by the contractor prior to
acceptance of the work.
5. Provide the Project Manager Daily Inspection Update. Also keep Project Manager
apprised of any site construction concerns.
6. Review submitted plans and specifications for code (A.D.A.) compliance.
1 :.,q7 gg
"� Ii
Memo Inspection Services to Ronald Reagan & Heritage Park A.D.A. Upgrade
page 2
7. Attend meetings with designer and contractor.
The scope of services does not include project administration.
FEE SCHEDULE
The total not to exceed estimated fee is based on the estimated time required to complete
each task as shown. Should additional time be required, the City will be notified and
additional compensation will be requested at the time and material rates shown on the
attached schedule of hourly billing rates.
Field inspection:
Inspector - 4 hours/day x 60 days
Construction meeting (pre -construction, etc.)
* On-site meeting - 10.00 hours
Plan Check:
Total hours - 15 hours (Total 3 P/C Reviews)
240.0 hours @ $55.00/hr. _ $13,200.00
10 hours @ $55.00/hr.
15 hours @ $75.00/hr
TOTAL ESTIMATED NOT TO EXCEED FEE:
_ $ 550.00
_ $ 1,125.00
$14,875.00
Should you any questions regarding this proposal, please call me at (909) 396-6984.
Very truly
v
Dennis A. Tarango, C.B.O.
D&J Engineering
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. 6,10
TO: Terrence L. Belanger, City Manager
MEETING DATE: February 16, 1999 REPORT DATE: February 8, 1999
FROM: Bob Rose, Community Services Director
TITLE: Extension of contract amount for West Coast Arborists for the Street Tree Maintenance Contract
SUMMARY: The City of Diamond Bar has a contract with West Coast Arborists to perform street tree
maintenance services. Due to the large demand for service this fiscal year, it is necessary to increase the
contract amount with West Coast Arborists to continue offering responsive street tree maintenance. The
current contract with West Coast Arborists is for $60,000. Staff is seeking an increase in the amount of
$10,000, raising the total authorized contract amount to $70,000. There are already funds budgeted in the
1998/99 fiscal year budget for this increase.
RECOMMENDED ACTION: It is recommended that the City Council authorize additional street tree
maintenance work, which will be performed by West Coast Arborists during the 1998/99 fiscal year, in a total
amount not to exceed $70,000, an increase of $10,000 in the existing street tree maintenance contract,
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specifications (on file in City Clerk's office)
Ordinance(s) X Other: Contract Extension (1998/99 FY)
X Agreement(s) Contract Amendment #1
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
reviewed by the City Attorney?
X Yes
No
2. Does the report require a majority vote?
X Yes
_
No
3. Has environmental impact been assessed?
Yes
_
X No
4. Has the report been reviewed by a Commission?
_
Yes
X No
What Commission?
_
5. Are other departments affected by the report?
_ Yes
X No
Report discussed with the following affected departments:
REVIEWED BY:
'1
Terren e L. Belanger
City Manager
- &V�
J es DeStefano
Deputy City Manager
Bob Aose
Community Services Director
CITY COUNCIL REPORT
MEETING DATE: February 16, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Extension of Contract Amount for West Coast Arborists for the Street Tree
Maintenance Contract
Issue Statement
Under the purchasing guidelines, contracts in excess of $10,000 cannot be increased without authorization
from the City Council.
Recommendation
It is recommended that the City Council authorize additional street tree maintenance work, which will be
performed by West Coast Arborists during the 1998199 fiscal year, in a total amount not to exceed $70,000,
an increase of $10,000 in the existing street tree maintenance contract.
Financial Summary
$90,000 in funds are already allocated for street tree maintenance services for the 1998/99 fiscal year budget.
This extension in contract amount of $10,000 will not require an increase in the budget appropriation.
Background
On June 16, 1998, the City Council approved the street tree maintenance contract with West Coast Arborists
for $60,000 for fiscal year 1998/99. During the first seven months of the Fiscal Year (July 1998 through
January 1999) staff authorized the trimming of 1,848 trees, the removal of 31 trees and 57 hours of emergency
tree work for a total cost of $57,087. In order to continue providing street tree maintenance service for the
remainder of the fiscal year, it is necessary to extend the contract with West Coast Arborists to $70,000, an
addition of $10,000 to the existing $60,000 contract,
Discussion
West Coast Arborists, Inc. provides a number of services under this contract as the City's street tree
maintenance contractor. These services include emergency work, area trim, as -needed trimming and tree
removal. Emergency work is performed when a tree or large branch falls and needs to be removed to clear
the street or sidewalk. Fifty-seven hours of emergency work have been provided this fiscal year for a cost
totaling $5,675. An area trim is performed in a particular section of the city where all the street trees are
reviewed and trimmed, if necessary, on a regular cycle. This process results in the trimming of approximately
10,000 street trees every five years. Area #1 and the remainder of Area #5 were trimmed this year. Area #1
is located primarily north of Grand Avenue west of Diamond Bar Blvd. The section of Area #5 that was
trimmed is located along Summitridge and Longview Drives, both north and south of Grand Avenue. The area
trim schedule follows the slurry seal schedule. The slurry seal schedule was reduced this year from a seven-
year cycle to a five-year cycle, thereby increasing the size of each slurry seal area. The area trim map
City Council Report
Community Services Dept.
Contract for WCA-Street Tree Maintenance
Meeting Date; February 16, 1999
Page 2
coincides with the slurry seal area. The resulting increase in area trim size is the primary reason for the need
to extend the contract amount for street tree maintenance at this time. The increase resulted in the addition
of approximately 571 more trees in Areas #1 and #5 than were anticipated at the time the original contract
amount was determined.
As -needed trimming is done when requested by residents and public health and safety is an issue. Some
trees in the City grow faster and become overgrown and hazardous and cannot wait for the area trim that
occurs every 5 years. These trees must be trimmed on an as -needed basis as a risk management tool to
reduce liability exposure. A total of 250 trees have been trimmed this fiscal year during as -needed operations,
at a cost of $11,170. Trees are removed when they die or when sidewalk repair work requires the removal
of the tree to prevent roots from damaging new sidewalks. Thirty-one trees have been removed this fiscal year,
at a cost of $4,300.
Total cost for the work described above for the past seven months is $57,087. It is estimated that $10,000 will
be needed to complete street tree maintenance services for the remainder of the fiscal year.
Prepared by:
Bob Rose
Community Services Director
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
May 28, 1998
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 (88S): (909) 860-5463
Randy Thompson, Vice President
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
RE: CITY-WIDE STREET TREE MAINTENANCE
Dear Mr. Thompson:
This is to inform you that the City of Diamond Bar is interested in extending the
City -Wide Street Tree Maintenance Contract with West Coast Arborists, Inc.
from July 1, 1998 through June 30, 1999. The contract will be in an amount
not to exceed, $60,000.
Upon approval of this contract extension by the Diamond Bar City Council, a
purchase order in the amount not to exceed $60,000 will be processed and
forwarded to you.
Sincerely,
Bob Rose, Director
Community Services Department
By signing below, the parties agree to the above terms.
- -10
Mayor Date
City of Diamond Bar
Attest:
City Clerk Date
Vice President Date
West Coast Arborists, Inc.
Approved as to Form:
City Attoa Lrney ate
KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and
entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and
between
West Coast Arborists, Inc.
hereinafter referred to as the "Contractor" and the City of Diamond Bar, California,
hereinafter referred to as "City".
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received,
publicly opened, and declared on the date specified in said notice; and
WHEREAS, City did accept the bid of Contractor
West Coast &bori . Inc- and;
WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract
with Contractor for furnishing labor, equipment, and material for Citywide Street Tree
Service as described in Exhibit "A".
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed:
1. GENERA, SCOPE OF WO : Contractor shall furnish all necessary labor, tools,
materials, appliances, and equipment for and do the work for citywide street tree service.
Said work to be performed in accordance with specifications and standards on file in the
office of the City Manager and in accordance with bid prices hereinafter mentioned and in
accordance with the instructions of the City Manager.
2. INCORPORATED DOCLWENTS TO BE CONSIDERED COMPLEMENTARY:
The aforesaid specifications are incorporated herein by -reference thereto and made a part
hereof with like force and effect as if all of said documents were set forth in full herein. Said
documents, the Resolution Inviting Bids attached hereto, together with this written
agreement, shall constitute the contract between the parties. This contract is intended to
require a complete and finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental regulations shall be
performed by the contractor whether set out specifically in the contract or not. Should it be
ascertained that any inconsistency exists between the aforesaid documents and this written
agreement, the provisions of this written agreement shall control.
3. TERMS OF CONTRACT
a. The undersigned bidder agrees to execute the contract within ten (10) calendar days
from the date of notice of award of the contract or upon notice by City after ten (10) calendar
days from the date of notice of award of the contract or upon notice by City after the 10
calendar days, and to complete his portion of the work within one hundred twenty (120)
calendar days from the execution of the first contract. The bidder agrees further to the
assessment of liquidated damages in the amount of one -hundred ( $100.00) dollars for each
calendar day the work remains incomplete beyond the expiration of the completion date. City
may deduct the amount thereof from any monies due or that may become due the Contractor
under this contract. Progress payments made after the scheduled date of completion shall not
constitute a waiver of liquidated damages.
4. .INSURANCE: The Contractor shall not commence work under this contract until he
has obtained all insurance required hereunder in a company or companies acceptable to City
nor shall the Contractor allow any subcontractor to continence work on his subcontract until
all insurance required of the subcontractor has been obtained. The contractor shall take out
and maintain at all times during the life of this contract the following policies of insurance:
a. Compensation Insurance: Before beginning work, the contractor
shall furnish to the Engineer a certificate of insurance as proof that he has
taken out full compensation insurance for all persons whom he may
employ directly or through subcontsactors in carrying out the work
specified herein, in accordance with the laws of the State of California.
Such insurance shall be maintained in full force and effect during the
period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every contractor shall secure the payment of compensation to his
employees. Contractor, prior to commencing work, shall sign and file
with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker's
compensation or to undertake self insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of work of this contract."
b. For all operations of the Contractor or any subcontractor in
performing the work provided for herein, insurance with the following
minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) 5500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000
each person; $500,000 aggregate.
3) Contractor's Protective - Bodily Injury $500,000
each person; $1,000,000 each accident.
4) Contractor's Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person;
$1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in
writing by City, which is qualified to do business in the
State of California.
2) Name as additional insured the City Or Diamond Bar,
its officers, agents and employees, and any other parties
specified in the bid documents to by so included;
3) Specify it acts as primary insurance and that no
insurance held or owned by the designated additional
insured shall be called upon to cover a loss under said
policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may
not be canceled nor the amount of the coverage thereof
reduced until thirty (30) days after receipt by City of a
written notice of such cancellation or reduction of
coverage as evidenced by receipt of a registered letter.
5) Otherwise be in form satisfactory to City.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and
entities specified in subparagraph 4.c.(2) hereof to be
listed as additional insureds in the policy of insurance
t provided for in paragraph b. by reason of any claim arising
out of or connected with the operations of Contractor or
any subcontractor in performing the work provided for
herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to City by registered mail.
The Contractor shall at the time of the execution of the contract present
the original policies of insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company, showing the issuance of
such insurance, and the additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in locality in which the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director
of the Department of Industrial Relations of the State of California is required to and has
determined such general prevailing rates of per diem wages. Copies of such prevailing rates of
per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite
100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to be posted at the job site.
Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not
more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each
calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the
general prevailing rate of wages hereinbefore stipulated for any work done under the attached
contract, by him or by any subcontractor under him, in violation of the provisions of said Labor
Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance
with the regulations of the California Apprenticeship council, properly indentured apprentices
may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning
the employment of apprentices the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee
nearest the site of the public works project and which administers the apprenticeship program
in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices
journeymen that will be used in the performance of the contract. The ratio of apprentices to
journeymen in such cases shall not be less than one to five except:
a. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15 percent in the
90 days prior to the request for certificate, or
b. When the number of apprentices in training in the area exceeds a ratio
of one to five, or
c. When the trade can show that i. is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis statewide
or locally, or
d. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less than
one apprentice to eight journeymen. The Contractor is required to make
contribution to funds established for the administration of apprenticeship
programs if he employs registered apprentices or journeymen in any
apprenticeable trade on such contracts and if other contractors on the
public works site are making such contributions.
The Contractor and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards wage schedules, and other requirements
may be obtained from the Director of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards
and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work
for all workmen employed in the execution of this contract, and the Contractor and any
subcontractor under him shall comply with and be governed by the laws Or the State of
California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3
of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman, or mechanic employed in the execution of the contract, by him or any
subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day
during which said laborer, workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence
pay to each workman needed to execute the work required by this contract as such travel and
subsistence payments are defined in the applicable collective bargaining agreements filed in
accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and
employees shall not be answerable or accountable in any manner for any loss or damage that
may happen to the work or any part thereof, or for any of the materials or other things used or
employed in performing the work; or for injury or damage to any person or persons, either
workmen employees of the contractor of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out of or in connection with the
performance of the work. The contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from any cause whatsoever,
except the sole negligence or willful misconduct of City, its employees, servants, or .
independent contractors who are directly responsible to City during the progress of the work
or at any time before its completion and final acceptance.
The Contractor will indemnify City against and will hold and save City harmless from any
and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that
may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or
other organization arising out of or in connection with the work, operation, or activities of the
contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or
not there is concurrent passive or active negligence on the part of City, but excluding such
actions, claims, damages to persons or property, penalties, obligations, or liabilities arising
from the sole negligence or willful misconduct of City, its employees, servants, or independent
contractors who are directly responsible to City, and in connection therewith:
a. The Contractor will defend any action or actions filed in connection
with any of said claims, damages, penalties, obligations, liabilities and
will pay all costs and expenses, including attorneys' fees incurred in
connection therewith.
b. The Contractor will promptly pay any judgment rendered against the
Contractor or City covering such claims, damages, penalties, obligations,
and liabilities arising out of or in connection with such work, operations,
or activities of the Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom.
c. In the event City, without fault, its made a party to any action or
proceeding filed or prosecuted against the Contractor for damages or
other claims arising out of or in connection with the work, operation, or
activities of the contractor hereunder, the contractor agrees to pay to City
any and all costs and expenses incurred by City in such action or
proceeding together with reasonable attorneys' fees.
So much of the money due to the Contractor under and by
virtue of the contract as shall be considered necessary by City may be retained by
City until disposition has been made of such actions or claims for damage as
aforesaid.
10. NON -DISC TMTNA' ON- No discrimination shall be made in the
employment of persons upon public works because of the race, color, or religion of
such persons, and every contractor for public works violating this section is subject
to all the penalties imposed for a violation of Division 2, Part 7, Chapter l of the
Labor Code in accordance with the provisions of Section 1735 of said Code.
11. CONTRACT P T AND PAYMENT. City shall pay to the Contractor
for furnishing all material and doing the prescribed work the unit prices set forth in
the Price Schedule in accordance with Contractor's Proposal dated June 281994,
in the total amount of $ 3 7, 4 0 0.0 0
12. ATTORNEY'S FEES- In the event that any action or proceeding is
brought by either party to enforce any term or provision of this Agreement, the
prevailing party shall recover its reasonable attorney's fees and costs incurred
with respect thereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed with all the formalities required by law on the respective dates set forth opposite their
signatures.
State of California
Contractor's License No. S(,(#1 61A
1t "V- 3J igaL4
Date
APPROVED AS TO FORM
City Attorney
Date
we -sr uptst Arikew- i NC•
BY: ---A 1. .\,J +;
Title
CITY OF
BY:
�May�or
BY:LX1<,
Contractor's Business Phone—A t- 3el • 5 7 1 1
Emergency Phone at which
Contractor can be reached at any time I H y
BAR, CALIFORNIA
City of Diamond Bar
21660 E. Copley Drive, Ste 100
Dimond Bar, CA 91765
(909) 396-5694
CONTRACT AMENDMENT #1
THIS CONTRACT AMENDMENT 01 IS APPLICABLE TO:
CONTRACT TITLE: CONSULTANT:
City -Wide Street Tree Maintenance West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
APPROVED CONTRACT DATES: (774) 991.1900
7/1/98 through 6/30/99
SCHEDULED COMPLETION DATE; TOTAL Of CONTRACT PRIOR TO AMENDMENT:
6/30/99 $60,000.00
CONTRACTOR IS AUTHORIZED TO COMPLETE THE FOLLOWING SCOPE OF WORK:
1. Additional Street Tree Maintenance
THE AMOUNT OF THE CONTRACT WILL BE INCREASE-__ D BY THE SUM OF S10,000.W
THE CONTKACT I'EKIOU WILL BE INCREASED/DECREASED/UNCHANGED: MONTHS
C:ONTKACT TOTAL INCLUDING THIS CONTRACT AMENDEMENT: $70,000.00
INITIAL
WCSt Coast Arborists, Inc.
Deputy City Manager
Attest to Form:
APP D Y
Date unity Services Director Uate
Date
City Attorney w Date
City Manager Date
City Clerk nate
CITY of DIAMOND BAR
AGENDA REPORT
AGENDA N0.
TO: Terrence L. Belanger, City Manager
MEETING DATE: February 16,1999 REPORT DATE: February 5,1999
FROM: Lynda Burgess, City Clerk
TITLE: Resolution No. 89-97M: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR
DESIGNATED CITY PERSONNEL
SUMMARY: All cities are required to adopt conflict of interest codes designating certain positions
participating in making decisions which may affect financial interests. Since adoption
of the City's Code on October 3, 1989, amendments have been necessary to add
new positions or delete obsolete positions.
RECOMMENDATION: Itis recommended thatthe City Council open the Public; Hearing, take testimony, close
the Public Hearing and adopt Resolution No. 89-97M to add the positions of Finance
Director and Accountant II and deleting the positions of Assistant Finance Manager
and Senior Accountant.
LIST OF ATTACHMENTS: X Staff Report X 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 X* Yes
_ No
by the City Attorney?
2. Does the report require a majority vote? X Yes
_ No
3. Has environmental impact been assessed? _ Yes
_ No
4. Has the report been reviewed by a Commission? _ Yes
_ No
Which Commission?
5. Are other departments affected by the report? X Yes
_ No
Report discussed with the following affected departments: Finance, Personnel
*City Attorney prepared original Resolution—this effort changes the exhibits
REVIEWED BY:
Terrence L. BelangoV
City Manager
bo�-p -
JaVes DeStefano
Deputy City Manager
DEPARTMENT HEAD:
Lyn 'a Burgess
City Clerk
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: February 16,1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Conflict of Interest Code for City Personnel
ISSUE STATEMENT:
All state and local government agencies are required to adopt conflict of interest codes designating certain
positions making or participating in the making of decisions which may affect financial interests.
RECOMMENDATION:
Open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89-97M
Amending the City's Conflict of Interest Code for Designated Personnel.
FINANCIAL SUMMARY:
No financial impact.
BACKGROUND:
The City established its Conflict of Interest Code through adoption of Resolution No. 89-97 on October 3,
1989. Six positions were designated at that time to be required to file statements with the City Clerk
disclosing interests in real property and or "income and investments from businesses which provide or sell
services or supplies of the type associated with the job assignment and utilized by the City! Since that
time, various amendments have been adopted by the City Council for the purpose of establishing further
positions or adding Commissions also required to file disclosure statements.
DISCUSSION:
Adoption of Resolution No. 89-97M would add the positions of Finance Manager and Accountant II and
delete the positions of Assistant Finance Manager and Senior Accountant~
PREPARED BY:
Lyndi Burgess, City Clerk
RESOLUTION NO. 89-97 M
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF
INTEREST CODE FOR DESIGNATED CITY PERSONNEL
A. Recitals.
(i) The City of Diamond Bar has heretofore enacted a Conflict of Interest
Code for designated personnel.
(ii) The Political Reform Act of 1974, California Government Code Sections
81000, et seq., requires the City to adopt amendments to its Conflict of Interest Code to
ensure employees of the City are appropriately designated when new employees are
added to The City or changed circumstances occur with respect to job functions.
(iii) Pursuant to the provisions of California Government Code Section 87311,
a duly noticed Public Hearing was conducted and concluded prior to the adoption of this
Resolution.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Diamond Bar does
hereby find, determine and resolve as follows:
1. In all respect as set forth in the Recitals, Part A, of this Resolution.
2. The City's Conflict of Interest Code, as heretofore adopted, hereby is
amended by the adoption of a new Exhibit "A" setting forth designated employees and
disclosure categories pertaining thereto.
3. Persons holding designated positions shall file statements of
economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code.
4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this 16th day of February , 1999.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify
that the foregoing Resolution was passed, adopted and approved at a regular meeting of
the City Council of the City of Diamond Bar held on the 16th day of February, 1999, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of Diamond Bar
ATTACHMENT A
CONFLICT OF INTEREST CODE FOR THE
CITY OF DIAMOND BAR
The Political Reform Act, Government Code Section 81000, et. seq., requires state
and local government agencies to adopt and promulgate conflict of interest codes. The
Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs.
Section 18730, which contains the terms of a standard conflict of interest code. It can be
incorporated by reference and may be amended by the Fair Political Practices Commission
after public notice and hearings to conform to amendments in the Political Reform Act.
Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly
adopted by the Fair Political Practices Commission are hereby incorporated by reference
and, along with the attached Appendix in which members and employees are designated
and disclosure categories are set forth, constitute the conflict of interest code of the City
of Diamond Bar.
Designated employees shall file statements of economic interests with the agency
who will make'the statements available for public inspection and reproduction. (Gov. Code
Section 81008). Upon receipt of the statements of the City Council, Planning Commission
and City Manager, the agency shall make and retain a copy and forward the original of
these statements to the Fair Political Practices Commission. Statements for all other
designated employees will be retained by the agency.
APPENDIX A_ *
DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES
Accountant II
2
Accounting Manager
1,2
Administrative Analyst
1,2
Administrative Assistant
1,2
Assistant City Manager
1,2
Assistant to City Manager
1,2
Associate Engineer
1
Associate Planner
1
City Clerk
1,2
Communications and Marketing Director
1,2
Communications and Marketing Coordinator
1,2
Deputy City Manager
1,2
Deputy Director of Public Works
1,2
Development Services Assistant
1
Director of Community Development
1,2
Director of Community Services
1,2
Director of Public Works/City Engineer
1,2
Finance Director
1,2
Parks & Recreation Commission
1
Senior Engineer
1
Senior Planner
1
Superintendent of Parks & Maintenance
2
Traffic & Transportation Commission
1
Transportation Planner
1
Treasurer
2
* NOTE: City Council, City Manager, City Attorney and Planning Commissioners are
required to submit disclosure statements pursuant to State law (California Government
Code Sections 87200, et. seq.), not this Code.
ATTACHMENT B
CONSULTANTS, AD HOC COMMITTEES, TASK FORCES
AND SIMILAR GROUPS **
Commission Regulation 18700 defines "consultant" as an individual who, pursuant
to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
(i} Approve a rate, rule, or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
(iv) Authorize the agency to enter into, modify, or renew a contract
provided it is the type of contract which requires agency approval;
(v) Grant agency approval to a contract which requires agency approval
and in which the agency is a party or to the specifications for such a
contract;
(vi) Grant agency approval to a plan, design, report, study, or similar item;
(vii) Adopt, or grant agency approval of, policies, standards, or guidelines
for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs the
same or substantially all the same duties for the agency that would otherwise
be performed by an individual holding a position specified in the agency's
Conflict of Interest Code.
** With respect to consultants, ad hoc committees, task forces and similar groups, the City
Manager shall determine in writing if a particular consultant, ad hoc committee, task force
or similar group performs a range of duties requiring disclosure hereunder. That
determination shall include a description of the consultant's, ad hoc committee's, task
force's or similar group's duties and a statement of the extent of disclosure requirements.
A copy of that determination shall be filed with the City Clerk and a copy forwarded to the
City Council.
CITY OF DMMOND DAx
AGENDA REPORT
AGENDA NO.2 -,-
TO Honorable Mayor and Members of the City Council
MEETING DATE: February 16, 1999 REPORT DATE: February 11, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Introduction of an Amendment to Title 22 of the Diamond Bar Municipal Code to
Incorporate Development Standards for Radio, Television and Wireless
Telecommunications Facilities
SUMMARY:
The City Council established a Telecommunications Task Force to review issues related to the siting
and design of telecommunications facilities. The Task Force reviewed current City Codes,
procedures, examined development standards from several Cities. The Task Force developed a Draft
Ordinance for review by the Planning Commission and City Council. The Draft Ordinance establishes
new standards and criteria for the placement of radio, television and wireless telecommunication
facilities within commercial, industrial and, under certain conditions, residential zones. The Planning
Commission concluded its public hearing review of the Draft Ordinance on February 9, 1999, and
recommends its adoption.
RECOMMENDATION:
It is recommended that the City Council receive a presentation from the staff, open the public hearing,
receive public testimony, review the proposed regulations, and if appropriate, continue the matter to
March 2, 1999.
EXTERNAL DISTRIBUTION: Task Force Members
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?
X Yes
No
3. Has environmental impact been assessed?
X Yes
No
4. Has the report been reviewed by a Commission?
X Yes
No
Which Commission? Planning 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
J es DeStefano t7!�
Deputy City Manager
City Council Report
Agenda No. _
MEETING DATE: February 9, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Introduction of an Amendment to Title 22 of the Diamond
Bar Municipal Code to incorporate development standards
for Radio, Television and Wireless Telecommunications
Facilities.
INTRODUCTION:
The City Council established a Telecommunications Task Force to review issues related to
the siting and design of telecommunications facilities. The Task Force reviewed current
City Codes, procedures, examined development standards from several Cities. The Task
Force developed a Draft Ordinance for review by the Planning Commission and City
Council. The Draft Ordinance establishes new standards and criteria for the placement of
radio, television and wireless telecommunication facilities within commercial, industrial
and, under certain conditions, residential zones. The Planning Commission concluded its
public hearing review of the Draft Ordinance on February 9, 1999 and recommends its
adoption.
BACKGROUND:
Radio and television antennas including amateur radio station antennas are found in
residential zones for the purpose of receiving television or radio signals and are not
intended for business or commercial use. Antennas are placed within commercial and
industrial zones are designed to transmit and receive signals to assist business. The Federal
Communications Commission has established rules partially preempting local regulation of
amateur radio communication. Cities do have the ability to set forth standards regarding
the placement, height, screening of such facilities.
Wireless telecommunication facilities are a land use utilizing antennas, microwave dishes,
structures or towers to send and receive radio frequency signals. Telecommunication
facilities have become a part of the landscape of the City. Nineteen facilities have been
sited, generally along the freeway corridors, since 1991. A majority of the existing devices
are located in commercial zoning districts and have been designed in a manner to be hidden
from view. Notable exceptions include the monopole facilities located at Diamond Bar
High School, a residential zoning district, and Walnut Pools.
Telecommunication facilities utilize various technologies to transmit and receive voice and
data messages through an antenna grid established by the communications carrier
throughout a geographic service area. Common devices such as pagers and cellular
telephones utilize an areawide system of strategically placed antennas to facilitate
communication between subscribers. Communication companies such as Air Touch, LA
Cellular, Nextel, Pacific Bell Mobile Services and Cox Communications have several
facilities in the region. The facilities are commonly located to service a mobile workforce
and are often placed in commercial areas or adjacent to roadways with a high volume of
traffic.
DISCUSSION
The City Council enacted a moratorium on the placement of telecommunications facilities
in July 15, 1997 in response to growing concerns regarding the siting and design of
telecommunication facilities within the City. The moratorium is scheduled to expire on
July 17, 1999. The City Council established a thirteen member Task Force to review and
provide recommendations regarding the siting and design of telecommunication facilities.
Through a series of six meetings the Task Force reviewed information on
telecommunication facilities, identified the issues, reviewed locations of existing facilities
and potential sites within the City, and reviewed local and regional City standards
regarding the placement of such devices.
The Task Force crafted a draft ordinance for consideration by the Planning Commission
and City Council. The attached Draft Ordinance represents new text to replace Section
22.42.130 of the Development Code. In addition, minor revisions to the Table of Contents,
Tables contained within Article H (Zoning Districts and Allowable Land Uses), and Article
VI (Development Code Definitions) will be necessary.
The Task Force concluded with recommendations to permit telecommunication devices
within office, commercial and industrial zoning districts and upon locations identified on
the City Telecommunications Facilities Opportunities Map. Facilities are permitted within
residential zones when placed upon churches, water tanks and public property. The Task
Force outlined standards for siting, design and review of facilities. Generally, the facilities
must be designed to architecturally integrate into the surrounding environment. Concealed
antennas are preferred over freestanding facilities. Devices must be screened from view
and incorporate setback distances from residential land uses. Advance planning for the co -
location of facilities is strongly encouraged.
The Final Report of the Telecommunications Task Force transmitted to the City Council in
November 1998 contains the Task Force recommended Draft Ordinance, Facilities
Opportunities Map, meeting agendas, meeting minutes, attendance record, examples of
wireless equipment installations, ordinances and data collected from various cities.
The City Attorney reviewed the Draft Ordinance as prepared by the Task Force and
recommended several modifications for Planning Commission consideration. The
suggested revisions are intended to provide consistency in terminology, enhance
readability, and clarify the approval procedures. The text of the Planning Commission
recommended Draft Ordinance incorporates the amendments suggested by the City
Attorney.
PLANNING COMIVIISSION REVIEW:
The Planning Commission reviewed the Task Force recommendations and conducted its
public hearing review of the Draft Ordinance. In response to public comments received the
Commission revised the Ordinance to add provisions pertaining to the use of a sign as the
device, and clarification regarding the removal of antennas architecturally concealed as part
of an existing building or structure. The Commission incorporated the modifications of the
City Attorney and took action on February 9, 1999 to approve Resolution No. 99-6
recommending City Council adoption of the Ordinance. The Commission requested the
Planning Staff review a proposal to use certain Southern California Edison lattice towers as
cell sites.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act the City prepared
and adopted Negative Declaration No. 97-3 which addressed the environmental impacts
associated with the adoption of the Development Code. As described within Section 15162
of the Guidelines, no further environmental review is required as the proposed project is
consistent with the analysis and conclusions contained within the previously adopted
environmental document.
PUBLIC HEARING NOTICE:
Notification of the proposed ordinance was published in the San Gabriel Valley Tribune
and the Inland Valley Daily Bulletin on January 4, 1999. In addition, notice of the City
Council public hearing, the staff report and Draft Ordinance has been provided to the Task
Force Members and other interested parties on record.
RECOMMENDATION
It is recommended that the City Council receive a presentation from the staff, open the
public hearing, receive public testimony, review the proposed regulations, and if
appropriate, continue the matter to March 2, 1999.
Attachment:
— Draft Wireless Telecommunications Facilities Ordinance, dated
February 9, 1999
— Planning Commission Resolution No. 99-6
— Planning Commission Minutes
dbm
t4j l 03 It "AN
SECTION 22.42.130 -DEVELOPMENT STANDARDS FOR
RADIO AND TELEVISION ANTENNAS AND WIRELESS
TFIECOMMUNICATIONS ANTENNA FACILITIES
22.42.130 - Purpose and Applicability
A. Purpose. The purpose of this section is to establish development standards and land use
controls for the installation and maintenance of radio and television antennas, including
amateur radio station antennas, and wireless telecommunications antenna facilities within
specified land use zones of the City. These standards and controls are intended to ensure
that the design and location of those antennas and related facilities are consistent with
previously adopted policies of the City, as set forth in the General Plan, to guide the
orderly development of the community, to promote the public health, safety, comfort,
convenience, and general welfare of the City's residents, to protect property values, and
to enhance the aesthetic appearance of the City by maintaining architectural and structural
integrity and by protecting views from obtrusive and unsightly accessory uses and
facilities.
B. Applicability. The standards of this section apply to all earth station antennas, amateur
radio station antennas, and wireless telecommunications antenna facilities.
C. Satellite Eartb Station Antenna Regulation. The regulatory provisions of this
paragraph are applicable to all satellite earth station antennas within the City that are
installed or modified after the effective date of this section.
1. Permitted Accessory Uses. Satellite earth station antennas described below in this
subsection may be installed as permitted accessory uses without obtaining either a
conditional use permit or a building permit, provided that they comply with all
applicable development standards set forth in paragraph D ("Development
Standards"), as well as all applicable building codes, electrical codes, and fire codes:
a. An antenna located in any zoning district that is designed to receive direct
broadcast satellite service, including direct -to -home satellite services, that is one
meter (lm) [39"] or less in diameter and that is either building -mounted or if
elevated by a mast, does not extend above the roofline.
b. An antenna that is designed to receive video programming services and that is
located in any zoning district where commercial or industrial uses are generally
permitted, which antenna is two meters (2m) [6.5'] or less in diameter and is either
building -mounted or, if elevated by a mast, does not extend above the roofline.
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c. An antenna located in any zoning district that is designed to receive video
programming services by means of multipoint distribution services, including
multichannel multipoint distribution services, which antenna is one meter (IM)
[39°] or less in diameter or diagonal measurement and which is either building -
mounted or, if elevated by a mast, does not extend above the roofline.
d. An antenna located in any zoning district that is designed solely to receive
television broadcast signals, which antenna, whether building -mounted or ground -
mourned, does not extend above the roofline.
D. Satellite Earth Station Antenna Development Standards
1. City-wide Standards. The following development standards apply in all zoning
districts to the siting, construction, and operation of all satellite earth station antennas,
including those that require the issuance of a conditional use permit and the issuance
of a building permit, as provided for in paragraph E.
a. The height of a ground -mounted satellite earth station antenna may not extend
above the roofline.
b. No satellite earth station antenna may be installed in any zoning district if it will
impede normal vehicular or pedestrian circulation, or ingress to, or egress from
any building, structure, or parking facility.
c. Satellite earth station antennas, whether ground -mounted or building -mounted,
including any guy -wires, masts, and accessory equipment, must be located and
designed so as to mitigate adverse visual impacts from adjacent properties and
from public streets, which mitigation may involve screening by means of
landscaping or the addition of new architectural elements that are compatible with
the design of adjacent buildings. The Director may modify this screening
requirement if the antenna's reception is impaired.
d. Satellite earth station antennas must be finished in a non-metallic finish or painted
in a color that is compatible with the surrounding environment.
e. Any mast that will be used to elevate a satellite earth station antenna must be
constructed of noncombustible and corrosive -resistant materials.
f. All satellite earth station antennas must be installed with adequate ground wire to
protect against a direct strike of lightning. The ground wire must be of a type
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Radio and Television Antennas and Wireless Telecommunications Facilities
approved by the electrical code for grounding masts and lightning arrestors.
g. All satellite earth station antennas must be located away from utility lines by a four
meter (4m) [13'] vertical distance and a two meter (2m) [6.51 horizontal distance.
Any mast that will be used to elevate a satellite earth station antenna must be
secured by a separate safety wire in a direction away from adjacent power lines
or other potential hazards.
h. To the extent feasible, all cables, wires, or similar electrical transmission devices
that connect with a satellite earth station antenna must be placed underground.
i. If footings are required for the installation of a satellite earth station antenna,
engineering calculations for those footings must be signed by a licensed structural
or civil engineer.
j. All connectors on a satellite earth station antenna, and on any mast to be used for
elevation, must be capable of sustaining a wind -load of at least nine kilograms
(9kg) [201b].
k. No satellite earth station antenna, nor any of its component parts or accessory
facilities, may encroach into the public right-of-way unless that encroachment is
authorized by the City Engineer as provided for in this Code.
1. All satellite earth station antennas must be properly maintained.
2. Residential Standards. In addition to the development standards set forth above in
subsection 1, the following development standards apply in all residential zones to the
siting, construction, and operation of satellite earth station antennas:
a. No satellite earth station antenna may be mounted on the roof of a building.
b. The height of a ground -mounted satellite earth station antenna may not extend
above the roofline.
c. The diameter of a satellite earth station antenna that is subject to the issuance of
a conditional use permit may not exceed three meters (3m) [10'].
d. A satellite earth station antenna that is ground -mounted must be located in the
side yard or rear yard and at least two meters (2m) [6.5'] from any property line.
3. Nonresidential standards. In addition to the development standards set forth above
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in subsection 1, the following development standards apply in all nonresidential zones
to the siting, construction, and operation of satellite earth station antennas:
a. All ground -mounted satellite earth station antennas must be located at least one
and one half meters (1.5m) [5] from any property line.
b. No ground -mounted satellite earth station antenna may be located in the area
between the front property line and the main building or structure.
c. If roof -mounted, a satellite earth station antenna must not extend more than two
meters (2m) [6.5'] above the roofline, and must either be affixed to a flat portion
of the roof structure having parapets, or it must be integrated with the
architectural design of the building in accordance with a plan that is approved by
the Director.
d. The height of a ground -mounted satellite earth station antenna may not extend
above the roofline.
E. Satellite Earth Station Antenna Conditional Use Permit
if a proposed satellite earth station antenna will exceed the applicable height limitations
referenced above in subparagraphs (a) through (d) of paragraph C(1) (Permitted
Accessory uses"), or if the diameter or diagonal measurement of the proposed satellite
earth station antenna exceeds the one or two meter limitation specified in
subparagraphs (a) through (c) of paragraph C(1) ("Permitted Accessory Uses"), then
an application for a conditional use permit must be submitted in accordance with
Chapter 22.58 and, if the application is approved, a building permit must be obtained.
2. The City Council expressly finds and determines that these regulatory requirements
relating to a conditional use permit are necessary, desirable, and in the best interests
of the community in order to protect public health, welfare and safety, to promote
aesthetic objectives, and to maintain property values. The City Council further finds
and determines that these regulatory requirements are applicable only to the proposed
installation of satellite earth station antennas that are not permitted accessory uses and
that do not meet the criteria for exemption from local regulation established by the
FCC under the Telecommunications Act of 1996.
3. In addition to the requirements set forth in Chapter 22.58, the application for a
conditional use permit must include the following:
a. Construction drawings that show the proposed method of installation, screening,
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and the manufacturer's specifications.
b. A plot plan showing the proposed location of the satellite earth station antenna.
c. Engineering data evidencing that the satellite earth station antenna will be in
compliance with all structural requirements of the Building Code.
F. Amateur Radio Station Antenna Regulation
1. Conditional Use Permit Required. The proposed installation of an amateur radio
station antenna in any zoning district must be preceded by an application for a
conditional use permit in accordance with Chapter 22.58 and, if the application is
approved, a building permit must be obtained.
2. Application Requirements. In addition to the requirements set forth in Chapter
22.58, the application for a conditional use permit must include the items set forth
above in paragraph E(3), and copies of all licenses issued to the applicant by the FCC
to engage in amateur radio service operations and to use the site as an amateur radio
station.
3. Review Factors. In conducting the conditional use permit review process for a
proposed amateur radio station antenna, the reviewing authority must consider the
following factors:
a. The proposed height of the amateur radio station antenna, and the applicant's
representations as to the technological necessity of that height to engage in
amateur radio service operations of the nature contemplated.
b. Proximity of the proposed amateur radio station antenna to inhabited buildings
and structures.
c. The nature of existing uses on adjacent and nearby properties.
d. Surrounding topography, tree coverage, and foliage, and their effect on the
proposed height of the amateur radio station antenna.
e. Design of the proposed amateur radio station antenna, with particular reference
to design features that provide for retraction of the antenna when not in use and
design features that may reduce or eliminate visual obtrusiveness, particularly in
or adjacent to residential zones.
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4. Guidelines. In making any determination during the conditional use permit review
process to deny or to condition the application for an amateur radio station antenna,
the reviewing authority must adhere to the following guidelines:
a. The imposition of conditions or restrictions relating to the placement, screening,
or height of a proposed amateur radio station antenna, which conditions or
restrictions are based upon protection of the public health, welfare, and safety,
aesthetic considerations, or the preservation of property values, must be
considered on a case-by-case basis, taking into account the unique features of the
proposed site, the factors specified above in subsection (3), and the reasonable
accommodation required under subparagraph (b) below.
b. The conditional use permit review process must be conducted so as to (1)
reasonably accommodate the paramount federal interest in promoting amateur
radio communications as voluntary, noncommercial communications services,
particularly with respect to emergency communications; and (2) impose the
minimum practical restrictions, limitations, and conditions in order to achieve the
City's legitimate regulatory objectives.
G. Wireless Telecommunications Antenna Facility Approval Process
1. Applicability. The regulatory provisions of this paragraph G are applicable to all
wireless telecommunications antenna facilities within the City that are installed or
modified after the effective date of this section, including all facilities for which
previously issued building permits have expired. All facilities for which applications
were submitted and deemed to be complete prior to the effective date of this section
are exempt from these regulatory provisions.
2. Administrative Review. A wireless telecommunications antenna facility may be
authorized under an administrative review conducted by the Director. The
application for administrative review must include the information required by
subparagraphs (a) through (i) of paragraph G(5) as applicable. The Director must
consider the factors set forth in paragraph G(6) and must determine that the facility
complies with the following requirements:
a. Concealed Antennas. Concealed antennas must be architecturally integrated with
a building or structure so as not to be recognized as an antenna.
b. Height and Screening. Building or roof -mounted antennas must not exceed four
and one half meters (4.5m) [15] in height and must be screened from view.
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Radio and Television Antennas and Wireless Telecommunications Facilities
c. Minor Addition/Modification. The Director may approve the following: Up
to two (2) additional omnidirectional (whip) antennas not to exceed four and one
half meters (4.5m) [15'] in height; the reconfiguration or alteration of existing
antennas on a single support structure; or the addition of a single dish under one
meter (1m) [39"] in diameter to an existing freestanding antenna structure (i.e.
monopole). The physical area of the reconfigured or altered antenna shall not
exceed fifteen percent (150/9) of the area of the antenna as originally approved.
d. Base Stations. Support equipment and base stations must be located within a
completely enclosed building or otherwise screened from view.
e. Wireless Telecommunications Antenna Facility Sites. The facility must be
located in any of the following zone districts: OP, OB, CO, C-1, C-2, C-3, I or
as identified on the City Telecommunications Facilities Opportunities Map.
f. Freestanding Antenna Structures. No freestanding antenna support structures
may be authorized under an administrative review.
g. Development Standards. The facility must be located, constructed, and
maintained in accordance with all applicable development standards that are set
forth below in paragraph H ("Development Standards").
3. Minor Conditional Use Permit. A wireless telecommunications antenna facility may
be authorized under a minor conditional use permit issued by the Hearing Officer.
The application for a minor conditional use permit must include the information
required by subparagraphs (a) through (i) of paragraph G(4), as applicable. The
Hearing Officer must consider the factors set forth in paragraph G(5) and must
determine that the facility complies with the following requirements:
a. Narrative. The applicant must provide a written narrative describing why the
facility does not meet the criteria for an administrative review.
b. Location. The facility must be located in any of the following zone districts: OP,
OB, CO, C-1, C-2, C-3, I, or as identified on the City Telecommunications
Facilities Opportunities Map.
c. Micro Wireless Telecommunications Antenna Facilities. The wireless
telecommunications antenna facilities must be one half meter (0.5m) [ 19"] or less
in length and must be integrated with the architectural design and color of the
surrounding buildings or support structures, such as light standards, utility poles,
etc.
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Radio and Television Antennas and Wireless Telecommunications Facilities
d. Freestanding Antenna Support Structure Setback. The setback for a
freestanding antenna support structure will be no less than fifteen meters (15m)
[50'], or the height of the antenna plus twenty percent (20%), whichever is
greater, from any existing or future residential structure
e. Development Standards. The facility must be located, constructed, and
maintained in accordance with all applicable development standards that are set
forth below in paragraph H ("Development Standards").
4. Conditional Use Permit. All wireless telecommunications antenna facilities other
than those meeting the criteria for an administrative review approval or minor
conditional use permit specified above must be authorized by a conditional use permit.
These facilities may be located in any zone, provided that the facility is in compliance
with the following requirements:
a. Narrative. The applicant must provide a written narrative describing why the
facility does not meet the criteria for an administrative review or minor conditional
use permit.
b. Development Standards. The facility will be located, constructed, and
maintained in accordance with all applicable development standards that are set
forth below in paragraph H ("Development Standards").
5. Application. In addition to the information required by Section 22.5 8, the application
for an administrative review, minor conditional use permit, and a conditional use
permit must include the following:
a. Site Plan. A site plan, drawn to scale, showing the proposed location of the
wireless telecommunications antenna facility, the height of any existing or
proposed new support structure, accessory equipment facility, above and below
ground wiring and connection cables, existing or proposed easements on the
property, the height above ground of any antenna array, and the distance between
the antenna facility and any existing or proposed accessory equipment facility.
b. Narrative. A brief narrative accompanied by written documentation that
describes the applicant's efforts to locate the facility in accordance with the
factors set forth in paragraph 6(f) of this section.
c. Landscape Plan. A landscaping plan for freestanding antenna support structures
showing the location and type of plant materials, landscape elements, and
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associated irrigation system.
d. Master Plan. A master plan showing existing wireless telecommunications
antenna facilities sites within the City that are owned or operated by the applicant
and any proposed sites in the City that may be required for future area coverage.
The master plan shall be overlaid on the City Telecommunications Facilities
Opportunities Map. Proposed sites are not restricted to those shown on the
Telecommunications Facilities Opportunities.
e. Photographic Simulation. An exhibit ("photo -sin") showing how the completed
facility will appear when viewed by the public.
f. Engineering Documentation. Detailed engineering calculations for foundation
and wind loads, plus documentation that the electromagnetic fields (EWs) from
the proposed wireless telecommunications antenna facility will be within the limits
approved by the FCC.
g. Environmental Assessment. A preliminary environmental assessment, with
special emphasis placed upon the nature and extent of visual impacts.
h. Licenses. Evidence of any required licenses and approvals to provide wireless
telecommunications services in the City.
i. Architectural Elevations. Applicants may be required to provide architectural
elevations showing the facility, as it will be viewed by the public.
j. Mock-up. Applicants may be required to erect full-scale "mock-ups" of their
proposed facilities.
6. Factors Considered in Approving Wireless Telecommunications Antenna Facilities.
In determining whether to issue an administrative review approval, minor conditional use
permit, or conditional use permit for a wireless telecommunications antenna facility, the
reviewing authority must consider the following factors:
a. Environmental Integration. The extent to which the proposed facility blends
into the surrounding environment or is architecturally integrated into a concealing
structure, taking into consideration alternate sites that are available.
b. Screening. The extent to which the proposed facility is screened or camouflaged
by existing or proposed topography, vegetation, buildings, or other structures.
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c. Size. The total size of the proposed facility, particularly in relation to surrounding
and supporting structures.
d. Residential Proximity. Proximity of the proposed facility to residential structures
and to boundaries of residential districts.
e. Access. Proposed ingress to and egress from the site of the proposed facility.
f. Location. The location of the proposed facility and the extent to which it
conforms to the following in order of preference (item "1" being the most
preferred):
(1) Co -located with an existing facility or located at a pre -approved location.
(2) Attached to an existing structure, such as a building, communication tower,
church steeple, or utility pole or tower.
(3) Located in an industrial/business park zoning district.
(4) Located in a commercial zoning district.
H. Development Standards
1. Architectural Integration. Antenna arrays on wireless telecommunications antenna
facilities that are proposed to be sited on an existing nonresidential building or support
structure must, to the extent feasible, be integrated with the architectural design and
color of that existing building or support structure.
2. Freestanding Antenna Structures. No new freestanding antenna structure will be
permitted unless the reviewing authority makes the additional finding that, based upon
evidence submitted by the applicant, no existing building or support structure can
reasonably accommodate the proposed wireless telecommunications antenna facility.
Evidence supporting this finding will be considered by the reviewing authority and
may consist of any of the following:
a. Location. No existing buildings or support structures are located within the
geographic area proposed to be served by the applicant's facility.
b. Structural Criteria. Existing buildings or support structures are not of sufficient
height or structural strength to meet the applicant's operational or engineering
requirements.
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c. Interference. The applicant's proposed facility would create electromagnetic
interference with another facility on an existing structure, or an existing antenna
array on an existing building or support structure would create interference with
the applicant's proposed antenna array.
d. Limiting Factors. There are other limiting factors that render existing buildings
and support structures unsuitable for use by the applicant.
e. Setback A new freestanding antenna structure that is to be located near a
residential use or the boundary of a residential zoning district must be set back
from the nearest residential lot line or boundary a distance that is at least equal to
the height of that structure plus twenty percent (20%).
f. Lattice Towers. The use of a lattice tower as a support structure for a wireless
telecommunications antenna facility is prohibited in all zoning districts.
g. Skyline. Freestanding antenna support structures shall be located downslope from
ridgelines so as not to impact significant public views of skylines.
3. Screening. 1f a new support structure for a facility will be visible from adjacent
residential properties or from major arterial streets, the reviewing authority may
require that the support structure be screened or camouflaged to mitigate adverse
visual impacts.
4. Base Stations. Protective structures housing accessory equipment must not exceed
four meters (4m) [ 13] in height, must comply with all applicable setback
requirements, and must be screened from public view or be made compatible with the
color and architectural design of adjacent structures.
5. Undergrounding. All utilities and connection cables for a facility must be placed
underground or within a protective structure for accessory equipment.
6. Security. Where applicable, each facility site shall have a security program that
includes features such as fencing, anti -climbing devices, elevated ladders on towers,
and monitoring to prevent unauthorized access and vandalism.
7. Landscaping. Landscaping, or the use of existing trees or vegetation on a proposed
site, may be required for screening purposes, subject to such conditions as may be
imposed by the reviewing authority. All landscaping shall be maintained in a healthy
condition.
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8. Fencing. Fencing shall be wrought iron or similar decorative material. Prohibited
fencing includes razor wire and barbwire. Chain link fencing shall be screened by
landscaping or topography, or both.
9. Finish. The exterior of a new wireless telecommunications antenna facility must have
a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The
support structure, the antenna array, and the accessory equipment facility must all be
painted or camouflaged to blend with surrounding materials and colors.
10. Lighting. Artificial lighting shall be limited to mandatory safety lighting required by
regulatory agencies possessing jurisdiction over wireless telecommunications antenna
facilities. Security lighting around the base of a tower may be provided if such lighting
does not adversely affect adjacent property owners.
11. Signage. The wireless telecommunications antenna facility shall not bear any signs or
advertising devices other than certification, warning, or other required seals or
required signage. Required signage shall be no higher than two and one half meters
(2.5m) [8']. A concealed wireless telecommunications facility may bear signs or
advertising devices where such signs or devices are an integral part of the design of
the facility.
12. Co -location Agreement. The applicant and the property owner must consent to the
future co -location of facilities on the building or support structure to be used by the
applicant, unless technical considerations preclude that co -location.
L Maintenance and Cessation of Use. The following requirements apply to wireless
telecommunications antenna facilities located on existing buildings or support structures
and on new support structures:
1. Maintenance. The site must be maintained in a condition free of trash, debris, refuse,
and undesirable vegetation. All graffiti must be removed within 72 hours.
2. Abandonment and Removal. If a support structure, or an antenna array affixed to
a building or to a support structure, becomes inoperable or ceases to be used for a
period of 6 consecutive months, the permittee must give written notice of such
inoperability or nonuse to the Director. The antenna array and, if applicable, the
support structure, must be removed within a 90 -day period. If such removal does not
occur, the City may remove the antenna array and, if applicable, the support structure,
at the permittee's expense; provided, however, that if other antenna arrays owned or
operated by other service providers are affixed to the same support structure, then
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only the antenna array that has become inoperable or has ceased to be used is required
to be removed, and the support structure may remain in place until all service
providers cease to use it. The permittee shall not be required to remove antenna
structures or support structures that are architecturally concealed in a pre-existing
structure or are concealed as part of a new freestanding structure.
3. Bonding. Prior to the issuance of a building permit for the construction or
modification of a wireless telecommunications facility, the applicant may be required
to provide to the City a bond or other approved security for the removal of the
facility, and any accessory equipment, if that facility is abandoned or if the reviewing
authority revokes the use of that facility.
L Modifications to Existing Facilities
Modifications. Modifications to wireless telecommunications antenna facilities that
(i) were legally constructed prior to the effective date of this section, or (ii) are
constructed after the effective date of this section in accordance with a minor
conditional use permit or a conditional use permit, may be authorized by a minor
conditional use permit or by an amendment to a minor conditional use permit if those
proposed modifications comply with the following requirements:
a. There will be no increase in the height of the support structure or the antenna
array.
b. Potential adverse visual impacts will be mitigated to the maximum extent possible.
c. No required parking spaces will be eliminated as a result of the proposed
modifications.
2. Conditional Use Permit. All modifications to wireless telecommunications antenna
facilities that do not meet the criteria specified above in subsection 1 must be
authorized by a conditional use permit or by an amendment to a conditional use
permit.
K. Nonconforming Facilities. Any wireless telecommunications antenna facility that was
constructed in accordance with any ordinance or regulation of the City that preceded the
effective date of this section, and that becomes nonconforming due to noncompliance with
the development standards and other requirements set forth in this section, is subject to
the provisions of Chapter 22.68 of the Development Code, which is entitled
"Nonconforming Uses, Structures and Parcels."
Dina Bw nm4mu t coag
FeNuoy 9, 1999 13
Radio and Television Antennas and Wireless Telecommunications Facilities
L. Enforcement.
1. Inspection. All wireless telecommunications antenna facilities that are authorized by
an administrative review, minor conditional use permit, or a conditional use permit are
subject to periodic inspection by the City to determine whether they are in compliance
with all applicable provisions of this section.
2. Notice. Upon inspection, if any condition is discovered that may result in a danger to
life or property, the City will give written notice to the permittee or to the property
owner, or both, at their last known address, describing the dangerous condition and
demanding that said condition be corrected within a specified period of time, but not
later than ten (10) days after that notice.
3. Abatement and Permit Revocation. Failure to comply with any applicable
provision of this section, or with conditions imposed by a minor conditional use
permit or conditional use permit may constitute a public nuisance subject to immediate
abatement as well as grounds for revocation of that permit.
M. LIABILITY AND INDEMNIFICATION. The applicant will defend, indemnify, and
hold harmless the City, its City Council, boards, commissions, agents, officers, and
employees, from any claim, action, or proceeding, arising out of or attributable to the
ownership or operation of any wireless telecommunications antenna facility that is
authorized under this Section, and any injury to persons or damages to property
proximately caused by any conduct undertaken by the applicant, its agents, employees,
or subcontractors.
DEFINITIONS
Amateur Radio Station Antenna
Any antenna, and its accompanying support structure, that is used solely for the purpose
of transmitting and receiving radio signals in connection with the operation of an amateur
radio station in accordance with licenses issued by the Federal Communications
Commission (FCC).
Antenna
Any system of wires, poles, rods, reflecting discs, or similar devices used for the
transmission or reception of electromagnetic waves.
Antenna Array
A group of antenna elements on the same geometric plane.
DWnmd s r Development code
February 9. 1999 14
Radio and Television Antennas and Wireless Telecommunications Facilities
Antenna Height
The distance from the grade of the property at the base of the antenna or, in the case of a
roof -mounted antenna, from the grade at the exterior base of the building, to the highest
point of the antenna and its associated support structure when fully extended. The vertical
distance between the highest point of a parabolic antenna when actuated to its most
vertical position and the grade below, for a groundmounted parabolic antenna, and the
roof below for a rooftop parabolic antenna.
Antenna, Omnidirectional
Cylindrical shaped antenna, which transmits and receives in 360 degrees. This antenna
typically does not exceed nine centimeters (9cm) [3'/2"] in diameter and ranges from one
half meter (0.5m) [20"] to four and one half meters (4.5m) [ 15] in height. Also called
"stick antenna" and "whip antenna."
Antenna, Satellite Earth Station
A parabolic or dish -shaped antenna or any other apparatus or device that is designed for
the purpose of receiving radio waves.
Antenna Structure
An antenna array and its associated support structure, such as a mast or tower, but not to
include a suspended simple wire antenna, that is used for the purpose of transmitting or
receiving electromagnetic signals, including but not limited to radio waves.
Antenna Structure, Freestanding
An antenna structure or mast that is not attached to a building, fence or similar structure.
Freestanding antenna structures include communications towers, wooden utility poles and
standard or decorative concrete and steel monopoles.
Antenna Structure, Lattice
Freestanding or guyed (wire ground connections) steel structure frame.
Base Station (Base Transceiver Station, BTS)
A fixed station at a specified site authorized to communicate with mobile stations. Base
stations are usually housed in metal cabinets or small structures within close proximity to
the antenna structure, housing ancillary equipment and back-up power.
Co -location
1) Siting multiple antenna structures within the same local area. Also called "antenna
farms.,,
2) Multiple antennas attached to an existing or proposed freestanding antenna support
niamma Bw Develop unt Code
Febnu 9, 1999 15
Radio and Television Antennas and Wireless Telecommunications Facilities
structure. Also called donor sites, and "piggy -backing."
3) Roof -mount antenna (RMA) attached to the top of a building or other structure.
4) Facade -mount in which the antenna is attached to (an) exterior wall(s) of a building or
other structure.
5) Enclosed in which the antenna facility is entirely contained within a building primarily
occupied by another permitted use. Types 3, 4, & 5 are tenant improvements (TI).
Concealed Antenna, Architecturally
Also called disguised, camouflaged or "stealth" antennas. These antennas are blended into
the environment so as not to be seen or recognized. They include architecturally screened
roof -mounted antenna as design features; bell, clock, and water towers; church steeples;
water tanks; windmills; and other types of architecturally concealed structures.
Concealed Antenna, Freestanding Structure
These include "tree" monopoles which may appear to be palms or pines ("monopalms"
and "monopines"); bell, clock, and water towers; City entry signage; commercial signage;
light standards; flag and utility poles; and other types of concealed freestanding structures.
Wireless Telecommunications Antenna Facilities
Communication towers, antennas arrays, and the necessary appurtenances. A facility that
sends or receives radio frequency signals using antennas, microwave dishes or horns, and
structures or towers to support receiving or transmitting devices, accessory development
and structures, and the land on which they all are situated.
Wireless Telecommunications Antenna Facilities, Micro
Communication antenna and support equipment that is one half meter (0.5m) [ 19"] or less
in length, such as "microcells," "micropanels," and "shoebox" installations.
Wireless Telecommunications Antenna Site
The defined area that is subject to review under any land use permit application for
communication facilities.
Dbmmd Ear Development code
Febmary 9, 1999 16
Wireless Telecommunications Facilities Submission Matrix
21 October 1998 Draft
R Required
o May be required
Concealed
Antenna/
Approved Site
Concealed
Antenna/
Approved
Zone
Concealed
Antenna/
Non -approved
Zone
Non -concealed
Antenna/
Approved Site
Non -concealed
Antenna/
Approved
Zone
Non -concealed
Antenna/
Non -approved
Zone
Approval Process
Admin. Rev.
Minor CUP
Minor CUP
CUP
CUP
Variance
A lication
Narrative
Master Plan
o
0
Site Plan
Environmental
Assessment
o
®
o
Engineering
Documentation
o
®
®
o
Plan
o
0
0
-Landscape
Photographic
Simulation
0
9
t7
f�7
0
Architectural
Elevations
0
®
o
0
Mock-up
o
0
0
0
0
0
Licenses
R
9
®
o
0
0
0
Lease Agreement
o
o
e
Variance Re uest
0
0
R Required
o May be required
1
LEGEND DETAIL
EXISTING TELECOMMUNICATION SITES
11
PANTERA ELEMENTARY
2
CASTLE ROCK ELEMENTARY
795 PANTERA DR
1
3333 BREA CANYON RD- PACBELL, STEALTHED
12
QUAIL SUMMIT ELEMENTARY
2
24401 DARRW DR- COX, PACBELL, POLES
2
23330 E QUAIL SUMMIT DR
3
1200 S DIAMOND BAR BL- AIRTOUCH, STEALTHED
13
SOUTH POINTE MIDDLE SCHOOL
4
21725 GATEWAY CENTER 0 HOTEL- LACELLULAR
20671 E LARKSTONE DR
NEXTEL, PAGENET, CO -LOCATION WHIP/
14
WALNUT ELEMENTARY SCHOOL
5
ANTENNAS
841 GLENWICK AVENUE
5
259 GENTLE SPRINGS- PACBELL, WHIP/ANTENNAS
5
DIAMOND BAR CONGREGATIONAL -
6
21144 GOLDEN SPRINGS ® ARMSTRONG NURSERY
OTHER PUBLIC PROPERTY
7
PACBELL,
21450 GOLDEN SPRINGS DR ® WALNUT POOLS-
1
CALTRANS MAINTENANCE YARD
DIAMOND BAR FRIENDS - 1220 BREA CANYON
AIRTOUCH, COX, CO -LOCATION MONOPOLE/
2
DIAMOND BAR GOLF COURSE
EVANGELICAL FREE CHURCH OF DIAMOND BAR -
ANTENNA
3
DIAMOND BAR LIBRARY
8
23555 GOLDEN SPRINGS DR ® TORITO-AIRTOUCH,
4
DIAMOND BAR POST OFFICE
GRACE CHINESE LUTHERAN & MT. CALVARY
ANTENNAS
5
FIRE STATION 1119 20480 PATHFINDER
9
21308 PATHFINDER RD-PACBELL, ANTENNAS
6
FIRE STATION #120 1051 S GRAND
10
21400 E PATHFINDER RD ® DB HIGH-AIRTOUCH,
7
FIRE STATION 1121345 ARMITOS
ST. DENIS CHURCH - 2151 DIAMOND BAR BL
COX, LA CELLULAR, SMR, CO -LOCATION WHIP/
8
CALTRANS PARK -N -RIDE LOT
MONOPOLE/ANTENNAS
9
CALTRANS PARK -N -RIDE LOT
11
PETERSON PARK- LA CELLULAR, ANTENNA ON
REVISION 10-7-98
LIGHT
WATER RESERVOIRSIPUMP STATIONS
12
275 PROSPECTORS ® STORAGE -COX, LA CELLULAR,
CO -LOCATION MONOPOLE
1
AMBUSHERS
2
ARMITOS
PUBLIC PARKS'
3
BREA CANYON CUTOFF
4
COLIMA (BREA CANYON)
1
PAUL C. GROW - FOREST CANYON DR
5
DIAMOND BAR (DB/GOLDEN SPRINGS)
2
HERITAGE - BREA CANYON RD
6
EASTGATE (LONGVIEW/PANTERA AREA)
3
MAPLE HILL - MAPLE HILL RD
7
ELDERTREE
4
PANTERA - PANTERA DR
8
FERNHOLLOW
5
PETERSON - SYLVAN GLEN RD
9
HILLRISE
6
RONALD REAGAN - PEACEFUL HILLS RD
10
PATHFINDER
7
STARSHINE - STARSHINE RD
11
POMONA INTERTIE (AVENIDA RANCHEROS)
8
SUMMITRIDGE - SUMMITRIDGE DR
12
PM 10 (FERNHOLLOW)
9
SYCAMORE CANYON - GOLDEN SPRINGS DR
13
PM 12 (BREA CANYON/GOLDEN SPRINGS)
14
RAPIDVIEW
PUBLIC
S(HOONS
15
RIDGE LINE (COUNTRY)
16
SYLVAN GLEN (FEATHERWOOD)
1
ARMSTRONG SCHOOL
22750 BEAVERHEAD DR
cmuwzf%OlERTY#
2
CASTLE ROCK ELEMENTARY
2975 S CASTLE ROCK DR
1
ABC PROBE - 400 RANCHERIA RD
3
CHAPARRAL MIDDLE SCHOOL
2
CALVARY CHAPEL - GOLDEN SPRINGS DR
1405 S SPRUCE TREE DR
3
CHINESE EVANGELICAL FREE CHURCH -
4
DIAMOND BAR HIGH SCHOOL
777 PENARTH
21400 PATHFINDER RD
4
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS
5
DIAMOND POINT ELEMENTARY
1101 S DIAMOND BAR BL
24150 SUNSET CROSSING RD
5
DIAMOND BAR CONGREGATIONAL -
6
DIAMOND RANCH HIGH SCHOOL
2335 S DIAMOND BAR
6
DIAMOND BAR FRIENDS - 1220 BREA CANYON
7
EVERGREEN ELEMENTARY SCHOOL
7
EVANGELICAL FREE CHURCH OF DIAMOND BAR -
2450 EVERGREEN SPRINGS DR
3255 S DIAMOND BAR BL
8
GOLDEN SPRINGS ELEMENTARY
8
GRACE CHINESE LUTHERAN & MT. CALVARY
245 S BALLENA DR
LUTHERAN - 23300 GOLDEN SPRINGS
9
LORBEER JUNIOR HIGH SCHOOL
9
RIVER OF LIFE - 20430 YELLOW BRICK RD
501 S DIAMOND BAR BLVD
10
ST. DENIS CHURCH - 2151 DIAMOND BAR BL
10
MAPLE HILL ELEMENTARY
1350 S MAPLE HILL RD
C:\WP60%LINDAKAY\TASKFORC\TELECOMMIMAPLEOEND.91 8
REVISION 10-7-98
PLANNING COMMISSION
RESOLUTION NO. 99-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY
COUNCIL OF DIAMOND BAR ADOPT AND ORDINANCE
ESTABLISHING DEVELOPMENT STANDARDS FOR RADIO
AND TELEVISION ANTENNAS AND WIRELESS
TELECOM MICATIONS ANTENNA FACILITIES. CASE No.
ZCA 98-2
A.RECITALS.
1. 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 22 of
the Los Angeles County that was applicable to radio and
television antenna and wireless telecommunications
antenna facilities within the City of Diamond Bar.
2. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. The General Plan establishes goals,
objectives and strategies to implement the community's
vision for its future.
3. The City of Diamond Bar has determined that the existing
radio and television antenna and wireless
telecommunications antenna facilities regulations
contained within the Los Angeles County Planning and
Zoning Code are outdated and ill-suited to meet the
City's needs in terms of the type -and quality of
development envisioned by the General Plan.
4. The City Council adopted Ordinance No. 4 (1997) on July
15, 1997 establishing a moratorium on land use
entitlements for wireless communication facilities. The
City Council directed its staff to research and develop
new regulations regarding the placement of.wireless
telecommunication facilities. The City Council
subsequently extended the moratorium with the adoption of
Ordinance No. 4-A(1997) on August 1997 and Ordinance 4-
B(1997) on July 6, 1998. The moratorium is scheduled to
end on July 17, 1999 or upon the effective date of a new
wireless telecommunication ordinance.
1
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. That Section 22.42.130 "Telecommunications Facilities of
Chapter 22.42 "Standards for Specific Land Uses" of the
Diamond Bar Development Code is hereby repealed on its
entirety.
5. That all references to Section 22.42.130
"Telecommunications Facilities" within the Diamond Bar
Development Code are hereby amended to read as follows:
"Section 22.42.130 - Radio and Television antennas and
Wireless Telecommunications Antenna Facilities".
6. That Table 2-3 "Allowed Uses and Permit Requirements for
Residential Zoning Districts" of Section 22.08.030
Residential Zoning District Land Uses and Permit
Requirements be amended to add "Radio and Television
Antennas and Wireless Telecommunication Facilities" as a
permitted transportation and communication use subject to
the standards within Section 22.42.130.
7. That Table 2-5, Allowed Uses and Permit Requirements for
Office Zoning Districts be amended to add Radio and
Television Antennas and Wireless Telecommunication
Facilities" as a permitted Transportation and
Communication Use subject to the standards within Section
22.42.130.
8. That Table 2-6, Allowed Uses and Permit Requirements for
Commercial/Industrial Zoning Districts be amended to add
Radio and Television Antennas and Wireless
Telecommunication Facilities" as a permitted
Transportation and Communication Use subject to the
standards within Section 22.42.130.
9. That Chapter 22.80 -Definitions is hereby amended to
incorporate, in alphabetical order, the definitions
contained within Exhibit "A" - Draft Radio and Television
Antennas and Wireless Telecommunications Facilities.
3
5. In August 1998, the Mayor appointed a 13 member
Telecommunication Task Force to establish siting and
design criteria for the placement of wireless
telecommunication facilities within the City. The Task
Force conducted meetings on September 2, 16 and 30,
October 7, 21, and 28, 1998.
6. The Planning Commission of the City of Diamond Bar on
December 8, 1998, January 12, 1999, January 26, 1999 and
February 9, 1999 conducted duly noticed public hearings
on the Draft Radio and Television Antenna and Wireless
Telecommunications Antenna Ordinance.
7. Notification of the public hearing for the Draft Radio
and Television Antenna and Wireless Telecommunications
Antenna Ordinance was provided within the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin
newspapers on November 16, 1998 in a one eighth page
legal advertisement. Additional notice was provided to
members of the Telecommunication Task Force and other
interested parties on record.
8. The Planning Commission, after due consideration of
public testimony, staff analysis and the Commission's
deliberations, has determined that the Draft Radio and
Television Antenna and Wireless Telecommunications
Antenna Ordinance attached hereto as Exhibit "A" and
incorporated by reference into this Resolution implements
the goals, objectives and strategies of the General Plan.
The Planning Commission has duly considered these issues
so as to meet the City's needs in terms of the type of
development envisioned by the General Plan.
B.Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby finds that there is
substantial evidence that the Draft Radio and Television
Antenna and Wireless Telecommunications Antenna Ordinance
will not a significant effect on the environment and
therefore Negative Declaration No. 97-3 has been
prepared, pursuant to the requirements of the California
Environmental Quality Act (CEQA) of 1970, as amended, and
guidelines promulgated thereunder, pursuant to Section
15070 of Article 19 of Chapter 3, Title 14 of the
California Code of Regulations.
K
10. The Planning Commission hereby recommends that the City
Council approve ZCA 98-2.
11. The Planning Commission recommends that the City Council
consider adoption of an urgency ordinance to repeal the
moratorium and permit applications for radio, television
and wireless telecommunication facilities to be
processed, consistent with the Exhibit "A".
The Secretary of the Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Transmit a certified copy of this Resolution to the City
Council forthwith.
APPROVED AND ADOPTED THIS 9TH DAY OF February 1999, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe McManus, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify
that the foregoing Resolution was duly introduced, passed, and adopted
by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 9th day of February
1999, by the following vote:
AYES: McManus, Tye, Ruzicka, Nelson, Kuo
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
James DeStefano, Secretary
DECEMBER 8, 1998
PAGE 2
858 West 9th 5
Upland. CA 91
Stefano phsented staff's report. Staff recommen that the
the Public HqLring to January 12',\1999.
public hearing.
There was Np one present wh�wished to speak oAthis item.
C/Ruzicka move
C/Kuo second*
proved Tract
ap No. 52153,
N 92-9 to Janu
12, 1999. M
A
01101 IIS:
NO
CO S;
ABSENT:
CO S,
PUBLIC HEARING:
continue the pul
6tional Use Pe
kcarried by the
7a A ;E:T
u
hearing for Ex*
t No. 92-12, an
bwina Roll Call
Kuo, \ Ruzicka,
None
Nelson
ak Tree Permit
VC/Tye,
Currently, the City has a moratorium (Ordinance No. 4-b (1998) on wireless
telecommunication facilities which will be of no further force and effect as of July 17, 1999.
A draft wireless telecommunication facilities ordinance has been prepared for the Planning
Commission's consideration. If approved by the City Council, the wireless telecommunication
facilities ordinance will be incorporated into the adopted Development Code, Article III,
Section 22.42.130.
PROJECT ADDRESS: Citywide
APPLICANT: City of Diamond Bar
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
DCM/DeStefano presented staff s report. Staff recommends that the Planning Commission
open the public hearing, receive testimony and continue the public hearing.
C/Ruzicka asked if Paragraph C on Page I of the Draft Ordinance includes the Eric Stone
installation.
DCM/DeStefano responded that the language includes Mr. Stone's property. However, Mfr.
Stone's facility is specifically conditioned to operate in its current manner. Any modification
to the current facility would require a public hearing.
DECEMBER 8, 1998 PAGE 3
r . u
In response to C/Ruzicka, Ric Stephens, consultant, explained the types of potential
installations.
DCM/DeStefano indicated to C/Ruzicka that as a part of the Telecommunication Facilities
Regulations, cities maintain land use control with respect to land use and design of facilities.
Pursuant to the Federal Communications Act of 1996, cities are not able to decide for or
against a project based upon any perceived or real emissions generated by these devices.
DCM/DeStefano responded to C/Kuo that he is not aware of any approved devices located
on approved sites that would be determined to be located in an inappropriate zone upon
approval of the ordinance.
Ric Stephens responded to C/Kuo that an approved site could be a church and the church may
be located in a residential zone which would be the exception allowed for under the Draft
Ordinance.
Chair/McManus opened the public hearing.
Marty Zimmerman, NexTel Communications, complemented the task force for their work.
He suggested that the Commission consider the following changes to the Draft Ordinance:
1) That the requirement for any structures to be at least 3 meters or at least 10 feet from a
non-residential building be considered on a case by case basis. 2) With respect to Paragraph
I. 2. on Page 13, he asked that consideration be given to leaving the device in place upon
abandonment in the event the city determined it had future value. 3) Regarding H. 11.
Signage, the FCC occasionally requires carriers to place small signs at the bottom of
structures. He suggested the following language be included: "unless the signage is an
integral part of the stealth design of the structure". 4) He said he is concerned about the
nexus for requiring the property owner's approval for a rooftop installation (H. 12.
Collocation Agreement on Page 13).
Mr. Zimmerman explained to VC/Tye how signage can benefit a stealth structure. For
example, the City of LaHabra requested that the city name be a part of a clock tower
installation He reiterated that he believes it was the intent of the task force to allow this type
of signage to occur.
Responding to C/Ruzicka, Mr. Zimmerman stated that with respect to abandonment of
devices, his company installed a bell structure just north of the UC campus which, by mutual
agreement, will be retained by the University.
DCM/DeStefano responded to VC/Tye that the language of H. 11. can be revised to
incorporate retention of structures when deemed feasible.
DCM/DeStefano presented a graphic of an auto center sign located in the City of Anaheim
which speaks to the signage issue. This is an example of a device which was attached to a
sign. Currently, a common occurrence is the inclusion of such devices within signs. He said
he believes the WalMart/HomeBase sign on westbound SR60 includes a telecommunications
DECEMBER 8, 1998. PAGE 4
fir. �3'r'• ; �
device. He agreed that Mr. Zimmerrnads comments with respect to signage are appropriate.
He explained that the task force was concerned about the opportunity for incorporating
devices within future freeway oriented signs and was determined to insure that future
applicants for such freeway signage be notified of the opportunity for incorporation -of a
facility. The task force was determined to avoid installations such as the Walnut Pools
installation which has signage attached to the tower. He explained why the City embraces the
concept of collocation.
In response to VC(Tye, DCWDeStefano stated he believes that Mr. zimmerman,s statement
regarding setback's a good observation. Staff will pursue the issue. The intent of the section
was to respond to insure that freestanding devices were a certain distance away from a
building.
DCM/DeStefano responded to VC/Tye that the City Attorney is writing appropriate language
for Page 14, I. 3. Bonding/Liability.
C/Ruzicka moved, VC/Tye seconded, to continue the public hearing to January 12, 1999.
Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMIvIISSIONER&
ABSENT:
COMMISSIONERS :
Kuo, Ruzicka,
Chair/McManus
None
Nelson
VC/Tye,
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C;I-tY OF Pt/ &,4P 9*P U
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. % y
TO: Terrence L. Belanger, City Manager
MEETING DATE: February 16, 1999 REPORT DATE: February 8, 1999
FROM: James DeStefano, Deputy City Manager
TITLE: Extension of Time for Tentative Tract Map No. 51253, Conditional Use Permit No. 92-12 and Oak
Tree Permit No. 92-9
SUMMARY: Amrut Patel of Sasak Corporation is requesting approval of a one-year extension of time for
Tentative Tract Map No. 51253, Conditional Use Permit No. 92-12, and Oak Tree Permit No. 92-9 in order to
subdivide approximately 6.7 acres into 21 single-family lots. The project site is located on the east side of
Morning Sun Avenue and generally north of Pathfinder Road. On January 12, 1999, the Planning Commission
recommended approval of the requested extension of time.
RECONUVIENDATION: It is recommended that the City Council direct staff to prepare a resolution of denial
for the extension of time request.
LIST OF ATTACHMENTS: X Staff Report
Resolutions
Ordinances
Agreements
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
2.
3.
4.
5.
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
X Other: (See staff report attachment)
Has the resolution, ordinance or agreement been reviewed
by the City Attorney? N/A
Does the report require a majority vote?
Has environmental impact been assessed?
Has the report been reviewed by a Commission?
Which Commission? Planning Commission
Are other departments affected by the report?
Report discussed with the following affected departments?
Yes
No
X Yes
No
X Yes
No
X Yes
No
X Yes
No
Public Works Division
REVII:7
'YawY:
Terrence L Belanger James DeStefano
City Manager Deputy City Mana er
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: February 16, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Extension of Time for Tentative Tract Map No. 51253, Conditional
Use Permit No. 92-12 and Oak Tree Permit No. 92-9.
ISSUE STATEMENT: Amrut Patel of Sasak Corporation is requesting approval
of a one-year extension of time for Tentative Tract Map No. 51253,
Conditional Use Permit No. 92-12, and Oak Tree Permit No. 92-9 in order
to subdivide approximately 6.7 acres into 21 single-family residential
lots. The project site is located on the east side of Morning Sun Avenue
and generally north of Pathfinder Road. On January 12, 1999, the
Planning Commission recommended approval of the requested extension of
time.
RECOMMENDATION: Staff recommends that the City Council direct staff to
prepare a resolution for denial of the extension of time request.
FINANCIAL STATEMENT: N/A
BACKGROUND:
The property owner/applicant, Amrut Patel of Sasak Corporation is
requesting a one-year extension of time for approved Tentative Tract No.
51253, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9.
The extension's purpose is to allow the property owner/applicant
additional time to obtain a final map.
Tentative Tract Map No. 51253 was submitted to the City in October 1992
and processed as a component of the proposed South Pointe Master Plan. At
that time, the 21 unit, single-family, residential subdivision was
proposed on a 6.7 -acre site.
On September 14, 1993, the City Council began its review of the South
Point Master Plan that included Tentative Tract Map No. 51253. Council
had several public hearings and on June 3, 1994, the Council certified
1
the Environmental Impact Report for the South Pointe masr-er rlan.
Thereupon, Council directed staff to prepare all documents required for
approval of Vesting Tentative Tract Map No. 32400 (currently identified
as the Standard Pacific Development), also a component of the South
Pointe Master Plan. The remaining maps, Tentative Tract Map No. 51253 and
Vesting Tentative Tract Map No. 51407 were continued to August 1994 for
further review.
In August 1994, the Walnut Valley Unified School District (WVUSD) closed
escrow and purchased Vesting Tentative Tract Map No. 51407, located
adjacent to Tentative Tract Map No. 51253. In September 1994, the WVUSD
commenced grading necessary to accommodate the construction of the South
Pointe Middle School. As a result, Tentative Tract Map No. 51253 was
continued to allow the applicant time to respond to issues raised by
Council because of the School District's purchase.
The applicant revised Tentative Tract Map No. 51253 in September 1994.
The 21 unit subdivision would now encompass approximately three
additional acres of School District Property for off-site grading and to
expand the sizes of Lots 5 through 8 and Lots 19 through 21 were
reoriented so that future homes would face Morning Sun Avenue. The
circulation pattern would change to two cul-de-sacs. The City Council
reviewed the revisions and approved the Map on May 17, 1995. The
resolutions were signed on August 6, 1996.
The project site has a General Plan land use designation of Low Density
Residential (RL Maximum 3 Dwelling Units Per Acre). The Map, as
proposed, is 2.85 dwelling units per acre and therefore complies with the
General Plan's density requirement.
The zoning designation for the project site is Residential Planned
Development -Minimum Lot Size 10,000 Square Feet -6 Units Per Acre (RPD -
10,000 -6U). The lot size, as proposed, range from approximately 7,943
square feet (Lot 20) to 17,065 square feet (Lot 9). Proposed pad sizes
range from approximately 6.081 square feet (Lot 13) to 12,899 square feet
(Lot 18). The Map, as proposed, complies with the project site's zoning
designation. Generally, the following zones and use surround the project
site: To the north is the Single Family Residence -Minimum Lot Size 15,000
Square Feet (R-1-15,000) Zone; to the east is the Residential Planned
Development -Minimum Lot Size 10,000 Square Feet -6 Units Per Acre (RPD -
10,000 -6U) Zone and the Walnut Valley School District property; to the
south is the RPD -10,000-6U Zone; and to the West is the Single Family
Residence -Minimum Lot Size -8,500 Square Feet (R-1-8,000) Zone.
On May 19, 1995, a landslide occurred. The landslide included the site
of Tentative Tract Map No. 51253. Consequently and as a condition of
approval of the Map, the applicant was required to temporarily remediate
the adverse soil and geotechnical aspects of the Map's site along Morning
Sun Avenue. The applicant did remediate the immediate hazard.
ANALSIS - EXTENSION OF TIME:
Tentative Tract Map No. 51253 was approved by the City Council on May 17,
1995. The approval was valid for two years and required to be exercised
2
with the two-year period or it would expire. The approval was not
exercised. In 1996, the Subdivision Map Act was amended. At that time,
if a map had not expired by May 14, 1996, it automatically was extended
one year. Additionally, any permits issued in conjunction with a
tentative map shall expire no earlier than the approved map. As a
result, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9
were scheduled to expire on August 6, 1998. Prior to a map's expiration
and upon an application by the subdivider to extend a map, a map shall be
automatically extended for 60 days or until the application is approved,
conditionally approved, or denied, whichever occurs first. The extension
of time request for Tentative Tract Map No. 51253 was received on July
20, 1998 (from a written correspondence dated July 17, 1998).
The attached map exhibit is the same design approved by the City Council
on May 17, 1995. However, due to the landslide's occurrence and repair,
street and pad elevations have been altered (raised).
For the Map to be constructed as proposed, it requires the WVUSD`s
cooperation. The only access to the project site is from Morning Sun
Avenue. The property utilized for access is owned by the WVUSD.
Adjacent to the rear property lines of Lots 5, 6, 7, and 8 is an area of
approximately 20 feet by 390 feet, owned by the WVUSD. This segment of
land will be utilized to expand the pad of Lot 5 and expand the area of
Lots 6, 7, and 8 in order to comply with the required lot and pad size.
The delineated boundary (on the Map Exhibit "A") .for off-site grading is
also owned by the WVUSD. A correspondence dated December 3, 1998 from Dr.
Hockwalt, Superintendent of the WVUSD summarized the fact that a
permanent transfer of property has not occurred. However, there is an
agreement, signed by the WVUSD that refers to temporary access. The
issue of whether this agreement binds the WVUSD as a signatory on the
final map is unresolved at this time.
The applicant has not completed a majority of the conditions of approval
as listed within City Council Resolution Nos. 95-21 and 95-22 which are
required prior to final map approval. A soils/geology report is required
addressing the site's current conditions, off-site grading, cut and fill
quantities, import/export/balance on-site of earth and the utilization of
landform grading. Currently, the applicant has not submitted the
required documents and information to substantiate whether or not the Map
can be constructed as proposed after the occurrence of the landslide.
Consequently, the City does not believe that the applicant is working
toward compliance of the required conditions of approval. According to
George Wentz, the City's consulting engineer for the Map, the applicant
has not completed any engineering conditions of approval or conditions
requiring review and approval by the City Engineer.
PLANNING COMMISSION REVIEW:
The extension of time was presented to the Planning Commission, at a
public hearing, on November 24, 1998. At that time, pursuant to the
applicant's request, the public hearing was continued to December 8,
1998. The continuance was to grant the applicant additional time to
provide the required information for processing the extension of time. On
3
December 8, 1998, pursuant to the applicant's request, a continuance was
granted to January 12, 1999.
On January 12, 1999, the Planning Commission reviewed the extension of
time request. The Commission's concerns were as follows: whether or not
the applicant's agreement with the WVUSD is permanent; and considering
the time that has past, can the applicant submit the required
documentation for final map approval in the time allotted by the
extension request's approval. As pointed out by staff, the applicant
must submit the required documentation and receive the City's approval by
August 6, 1999. Based on assurances from the applicant of timely
submittals and that the Map could not move forward without the WVUSD's
approval, the Commission recommended approval of the extension of time
request.
When deliberating on the extension of time request, the City Council has
several options to consider. The Council may: Approve the extension of
time request; deny the extension of time request; or continue the
extension of time request, thereby allowing the staff and/or applicant
additional time to provide the City Council with more information needed
for a decision.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the guidelines of the California Environmental Quality Act
(CEQA), Environmental Impact Report NO. 92-1 was prepared and certified
on June 3, 1994. Pursuant to CEQA Section 15262, no further
environmental review is required.
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin and
the San Gabriel Valley Tribune on January 27, 1. Public hearing
notices were mailed to approximately 137 property owners within a 500
radius of the project site on January 20, 1999.
CONCLUSION:
The required documentation and information has not been submitted to the
City that would substantiate whether the Map can be constructed as
proposed after the landslide occurrence. The applicant has not been
working toward compliance of conditions of approval as required prior to
the final map. Furthermore, it is not known whether the agreement
between Walnut Valley Unified School District and the applicant is a
permanent agreement allowing the transfer of property to the applicant
for permanent access, the required expansion of lot and pad size and off-
site grading. Consequently, the Map's final design is not known and a
new application may be required. Additionally, the extension of time
request, if approved, will expire the Map on August 6, 1999.
4
PREPARED BY:
a-.F.ng
Associate Planner
ATTACHMENTS:
1. Planning Commission Resolution No. 99-01 recommending approval of
the extension of time request;
2. Planning Commission meeting minutes of January 12, 1999;
3. Exhibit "A" - Subdivision Map for Tentative Tract Map No. 51253;
4. Grading Plan for Tentative Tract Map No. 51253;
5. Correspondence dated February 25, 1998 from James De5tefano;
6. Correspondence dated July 17, 1998 requesting an extension of time;
7. Memorandums dated November 6, and December 31, 1998 from George
Wentz;
8. Correspondence dated December 3, 1998 for the Walnut Valley Unified
School District;
9. City Council Resolution Nos. 95-21 and 95-22; and
10. Agreement between Walnut Valley Unified School District and Amrut
Patel.
5
PLANNING COMMISSION
RESOLUTION NO. 99-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO
THE CITY COUNCIL OF A ONE YEAR EXTENSION OF
TIME FOR TENTATIVE TRACT MAP NO. 51253,
CONDITIONAL USE PERMIT NO. 92-12, AND OAR TREE
PERMIT NO. 92-9 FOR A PROPERTY LOCATED EAST OF
MORNING SUN AVENUE AND NORTH OF PATHFINDER
ROAD, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant, Armut Patel of Sasak
Corporation, has filed an application for a one year
extension of time for Tentative Parcel Map No. 51253,
Conditional Use Permit No. 92-12 and Oak Tree Permit No.
92-9. The project site is located east of Morning Sun
Avenue and north of Pathfinder Road, Los Angeles County,
Diamond Bar, California, as described above in the title
of this Resolution. Hereinafter in this Resolution, the
subject Extension of Time shall be referred to as the
"Application".
2. On May 17, 1995, the City Council adopted Resolution Nos.
95-21 and 95-22 approving the applicant's project.
3. The City Council approval was based on the applicant
obtaining a permanent transfer of property from'the
Walnut Valley Unified School District to the applicant.
The permanent transfer of property (approximately 3
acres) would allow the applicant access to the project
site from Morning Sun Avenue and allow the applicant to
expand the lot and pad size of Lots 5, 6, 7, and 8 in
order to comply with the required lot size and pad size.
4. The approved project would subdivide approximately 6.7
acres (owned by the applicant) and approximately 3 acres
(currently owned by the Walnut Valley School District)
into a 21 unit, single-family, residential development,
along with the removal and replacement of oak and walnut
trees and native vegetation according to the approved
Mitigation Monitoring Program.
5. The project site has a General Plan land use designation
of Low Density Residential (RL Maximum 3 Dwelling Units
Per Acre). It is zoned Residential Planned Development -
Minimum Lot Size 10,000 Square Feet -6 Units Per Acre
(RPD -10,000-6U).
6. Generally, the following zones and use surround the
project site: to the north is the Single Family
1
Residence -Minimum Lot Size 15,000 Square Feet (R-1-
15,000) Zone; and to the east is the Residential Planned
Development -Minimum Lot Size 10,000 Square feet -6 Units
Per Acre (RPD -10,000-6U) and the Walnut Valley School
District property; to the south is the RPD -10,000-6U)
Zone; and to the west is the Single Family Residence -
Minimum Lot Size -8,500 Square Feet (R-1-8,000) Zone.
7. The City Council project approval expired August 6, 1998.
The applicant submitted a written request for a one year
extension of time, prior to the expiration of the map, as
required by the Subdivision Map Act and Title 21 of the
Los Angeles County Code (the City Subdivision Ordinance).
8. On November 24, 1998, the Planning Commission conducted a
duly noticed public hearing on the Application. At that
time and pursuant to the applicant's request, the public
hearing was continued to December 8, 1998. On December
8, 1998 and pursuant to the applicant's request, the
public hearing was continued to January 12, 1999.
9. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on November 2, 1998.
one hundred and thirty-seven property owners within a 500
foot radius of the project site were notified by mail on
October 29, 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 Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) Due to the Tract Map's design, 3 acres of property
owned by the Walnut Valley Unified School District
is required for the Map's development as presented.
Access to the project site through the Walnut Valley
Unified School District property is essential.
Without a permanent transfer of property from the
School District to the applicant, the project site
has no means of access. Additionally, in order to
comply with the required lot and pad size, the
permanent transfer of land, adjacent to the rear of
Lots 5, 6, 7, and 8, from the School District to the
applicant is also essential. Without the transfer
of .property, the Map can not record.
(b) The applicant within this extension period, shall
diligently pursue compliance with conditions of
approval. The following conditions of approval
required for final map approval/or map recordation
shall be met:
2
Resolution No. 95-21: B. 2. through 5.; C. 2. and
10; E. 4., 11. through 13., and 18.; E. 1. through
3., 6. through 8., 11., 12., 1., 17., 20., 21., 28.,
30.; 32., 37., 39., 46., 48., 49., 51. through 54.
and 57.
Resolution No. 95-22: B. 2. through 5.; C. 2. and
10; E. 4., 11. through 13., and 18.; E. 1. through
3., 6. through 8., 11., 12., 1., 17., 20., 21., 28.,
30.; 32., 37., 39., 46., 48., 49., 51. through 54.
and 57.
(c) On May 17, 1995 a landslide occurred on the project
site which provided a reasonable basis for
consideration of a time extension request.
(d) Given the above referenced circumstances, further
extension of time for the subject map is warranted.
3. Based on the findings and conclusions set forth above,
the Planning Commission hereby recommends that the City
Council approve the requested Extension of Time Applica-
tion.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to: Amrut Patel,
Sasak Corporation, 858 W. 9th Street, Upland, CA
91785.
APPROVED AND ADOPTED THIS 12TH DAY OF JANUARY, 1999, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: -
Joe Mc Manus, Chairman
I, James DeStefano, Planning Commission Secretary, hereby certify that
the foregoing Resolution was duly introduced, passed, and adopted by
the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 12th day of January,
1999, by the following vote:
AYES: McManus, Ruzicka, Kuo
NOES: Tye
ABSENT: None
ABSTAIN: Nelson
ATTEST:
Jam§4 DeStefa , Secretary
3
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JANUARY 12, 1999
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:08 p.m. in the South Coast Air Quality
Management Hearing Board Room, 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, Ann
Lungu, Associate Planner; Linda Kay Smith, Development Services Assistant,
and Sonya Joe, Development Services Assistant.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As submitted.
CONSENT CALENDAR:
Minutes of November 24, 1998 and December 8, 1998.
C/Ruzicka moved, C/Kuo seconded, to approve the minutes of November 24, 1998 and
December 8, 1998 as presented. Motion carried 5-0 with C/Nelson abstaining on the minutes
of December 8, 1998.
OLD BUSINESS: None
NEW BUSINESS: None
CONTINUED PUBLIC HEARING:
1. Extension of Time for Approved Tract Map No. 51253, Conditional Use Permit No. 92-
12 and Oak Tree Permit No. 92-9 (pursuant to Code Sections 21.40.180, 22.56.140 and
22.56.2250) is a request for approval of a one-year extension of time of the City's approval
dated May 17, 1995. The approval permits a 21 unit, single-family residential subdivision on
6.7 acres. (Continued from December 8, 1998)
JANUARY 12, 1999 PAGE 2
PROJECT ADDRESS: East of Morning Sun Avenue and North of Pathfinder
Road, Diamond Bar, CA 91789
PROPERTY OWNER/ Amrut Patel, Sasak Corporation
APPLICANT: 858 West 9th Street
Upland, CA 91785
AstP/Lungu presented staff s report. Staff recommends that the Planning Commission
recommend City Council denial of the extension of time request.
Chair/McManus reopened the public hearing.
Jan Dabney, J. C. Dabney & Associates, Agent and Engineer for the proposed project, stated
that Mr. Patel cannot be present for tonight's meeting because he is in St. Louis, Missouri on
business. He explained the time line for the project and spoke about the Morning Sun Avenue
slide. He stated that Mr. Patel completed his portion of the required slide mitigation. He
further stated that the Map was originally approved in May, 1995 with the understanding that
the Map could not proceed without the participation of the Walnut School District. He
indicated that as a result of the landslide, the school district needed Mr. Paters property in
order to mitigate the landslide to benefit their ownership. He explained the negotiations and
agreements between Mr. Patel and the school district and how Mr. Patel has been damaged.
He stated he believes that a denial of this project is not warranted. He claimed fault for
assuming that due to a two and one-half year delay because of the school district's landslide
that there would be a token consideration for further extension. He indicated he believes a
one year extension is a reasonable request at this time on this specific project in this
community.
Mr. Dabney responded to Chair/McManus that the school district's mitigation was completed
in early Fall of 1997. Since that time, the applicant has completed three grading plans, two
separate hydrologies, designed reconstruction of Morning Sun Drive, submitted a grading
plan to the school district, and submitted a preliminary hydrology report to the City. In order
to proceed, the applicant needs approval of the extension.
Responding to C/Ruzicka, Mr. Dabney stated that during a 90 day period all of the required
data could be submitted to the City's staff. The stabilization drilling may require a longer
period than 90 days. He stated he does not believe that a token 90 day extension is
reasonable. All improvement plans can be submitted to the City within a 90 day period of
time.
CE/Wentz stated that he is concerned from an engineering standpoint that staff has not seen
any formal submittals from the applicant until November/December, 1998. He explained that
due to the lengthy process of obtaining approvals from the County a resolution will not occur
within 90 days. Staff is prepared to receive and review the applicant's submittals. It is up to
the applicant to supply the information in a timely manner.
JANUARY 12, 1999 PAGE 3
DCM/DeStefitno stated that a 90 day period would be considered from the date of City
Council approval of the extension. Within that time period there is definitive factual
demonstrated performance of a bona fide application
Mr. Dabney stated that the civil engineering aspect of the job is reasonable within a 90 day
time frame. However, he cannot speak for the geotechnical engineer with whom he has no
business relationship.
Mr. Dabney responded to VC/Tye that he is capable of having the job completed within the
requested one year extension period. The only hesitancy he has is with respect to a plan
check issue with the County. Staff is correct that the applicant does not have permanent
access onto school property. The applicant has temporary access for purposes of
construction. If the final map is never approved, there is no access to the proposed map
because access comes across school district property.
CE/Wentz said he believes that staff can initiate the necessary language to assure that if the
map proceeds to its final form that the property is owned by the map.
Mr. Dabney confirmed to VC/Tye that Mr. Patel's understanding is that regardless of the
makeup of future school district boards, that they will provide access.
Mr. Dabney explained to C/Kuo that because this project is a relatively small project for his
firm he can assure the Commission that he will be able to complete the project in the time
allotted if he is granted the extension.
C/Ruzicka asked if staff has a problem with the assertion that the applicant can perform in a
timely manner.
CE/Wentz said that the August time frame requires that Mr. Dabney submit his improvement
plans very quickly.
DCM/DeStefano stated that staff has had a long relationship with the applicant and the
speaker. Over the years Mr. Dabney has demonstrated his ability to provide the required
documentation in a timely fashion. It is up to Mr. Patel to provide Mr. Dabney with the
direction and resources to accomplish the required documentation and responses within any
given period of time. Staffs comfort level will only rise when the demonstrated performance
is evident.
There being no one else who wished to speak on this matter, Chair/McManus closed the
public hearing.
C/Ruzicka moved, C/Kuo seconded, to recommend City Council approval of a one year
extension of time for Approved Tract Map No. 52153, Conditional Use Permit No. 92-12,
and Oak Tree Permit No. 92-9 of the City's approval dated May 17, 1995.
Nov -06-88 11:080
Fra-CHARUS ABBOTT ASSOCIATES INC
n,
Memo
Ta Ann uMngu
Prone George WQnTZ
CC: file
Doe 11/6/98
Re: Tract 51253 - PQTel
3102120013
0
T-067 P.02/02 F-475
I have completed a review of the conditions of approval dated 5/17/93 for The
above TrwT. The folowving levy points are provided for your use
1. The applicant has of completed any addtianal eng coa.AWS of
approval or conditions requiring review of OpPrOvaf by The City
Engineer exMT as noted below.
Conditions 60. 61 and 62 were addressed as required by the cotillions
Coodtion 60. Requires a security bond in The amounT of ; 2R Wd To
the best of my knowledge, the City is in possession of this bond
in the amount of $250.004. You may want to verify This witf the 077
Clerk.
cowiTitm 61 & 62. The applicant had a plan reviewed and approved
and made temporary repairs
2. A preliminary hydrology report was submitter) but I do AOT believe it
has been approved Check with Rose.
3. Geo -Technical review has not been completed as requirecl by The
conditions
4. no maps, final gradng plans or improvement plans have been suCmiTled
Let me know if you need aN other information for your stuff report I Have
schedWed to be at the meeting of November 24T6 mvdess I Hear o1 f erwise.
_Page 1
F
3102120993
T-726 P.01/02 F-027
abbo T t
Memo
Ta AM LWqu
Front George VV&M
X. fie
owe 12/31/98
Re Tract 51253 - Patel
Per your request. I haw completed a brief review of The materWs ou
an December 3. 1998. +Iowever, as We Cliscussed it would be sent me
spend morias unnecessarily far. detail reviews prudent not to
The folbrvinq initial comments are offered
1. The grQCJ rm as SNbirli
offsite coTTed -W"'S viabW if The GPplieaW ho all of the
cordNcted as
amIi, permission in hand A final inview of the plan .41 be
S drected in cO"j"wTiOn wiTf1 Cftwen s recowd by out tolls
Gnd emogy agnaar.
2- M relatiOVAP To Tile Wanut Valay unified ached District (OisTrct) letter
Tarsu4ry 9. X991 the fdlowing appear To be The case
a Per Sections 2 and 3. at access and permits are T&Npa'art}
b FxiibiT f wfiiCf decgs with the specific GceesS issue. i5 idcnrifiad GS
"PaQ� access Only as gnanTed by lfie WTricT in Section S6
C section 6 floes not
District to Mr. PareindcGTe any transfer of property from TFe
basad On The above. Mr. PaTel does MOT appeGr to kW tfie F+ar'manenl
access across The DiStriCT Property S
To his Sire from Marring un Ave as
dq*Tod an his TanTaTive "mP
As Noted above. I hove rat completed a detail review of the WCUOIenTS
detOVOMOton has been provided since it would seem to ma*q more sense to spend the time once a
if y 1 detail
� d to TAe extension of Time ++owevar.
Proceed regardless of Ve above,
U'J--'
_Page 1 fib.
PosePrclviae TAe appropriate purchase order ilqf~iom The CTy requires SO
Thar ! can mov@ forwarr,
WleSS I hear Otherwise. 1 wil asume that Tk prAi" review is adeqwate
QM wo plan To a""4 Tk Pam" Commission Mee mg ow J&mWV- 12, 1999.
RESOLUTION NO. 95-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING AN ADDENDUM TO FINAL
ENVIRONMENTAL IMPACT REPORT (SCH NO. 92081040) AND
APPROVAL OF TENTATIVE TRACT MAP NO. -51253, TO
DEVELOP A 21 UNIT SUBDIVISION, LOCATED EAST OF
MORNING CANYON ROAD AND NORTH OF PATHFINDER
ROAD, IN DIAMOND BAR, CALIFORNIA AND MAK WG
FINDINGS IN SUPPORT THEREOF.
A. Recitals
(i) Amrut Patel, SASAK CORP., 858 West 9th Street, Upland, California
(the "Applicant" hereinafter), has heretofore filed an application for
approval of Tentative Tract Map No. 51253 as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Tentative Tract
Map No. 51253 shall be referred to as the "Application."
0i). On April 18; 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application,
within the City of Diamond Bar.
The City Council of the City of Diamond Bar conducted duly noticed
public hearings on the project and its environmental documentation on
September 14, September 28, October 3, and November 16, 1993; and
May 2, May 9, May 31, June 21,'June 6, and June 13,1994 on the subject
matter of the Application.
(iv) The City of Diamond Bar lacks an operative General Plan. Action was
taken on this application, as to consistency to the 1995 draft General Plan,
pursuant to the terms and provisions of the Office of Planning and
Research extension of time granted pursuant to California Government
Code Section 65361.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
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 finds that the addendum to the Final
Environmental Impact Report (EIR) was presented to the City Council,
and that the City Council reviewed and considered the information
contained therein prior to deciding upon any aspect of the project, and
based thereon, so certifies that the addendum to the Final EIR No. SCH
92081040 has been prepared for this project in compliance with the
California Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder. Further, the addendum to the
Final EIR No. SCH 92081040 reflects the independent judgment of the
City of Diamond Bar: Additionally, the City Council certifies the
addendum to the EIR is complete and adequate in that it fully addresses
all environmental effects of the project.
3. The City Council hereby specifically finds and determines, based on the
findings set forth below, that changes and alterations hive been required
in or incorporated into and conditioned upon the project specified in the
application, which mitigate or avoid significant adverse environmental
impacts identified in the addendum to the Final EIR No. SCH 92081040
except as to those effects which are identified and made the subject of a
Statement of Overriding Considerations which this City Council finds are
clearly outweighed by the economic, social and other benefits of the
proposed project, as more fully set forth in the Statement -of Overriding
Considerations.
4. The City Council hereby adopts the Findings of Facts and Statement of
Overriding Considerations and Mitigation Reporting and Monitoring
Program attached hereto as Exhibits "A" and "B" and hereby incorporated
by reference.
5. The Applicant shall make .payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The approval of this Tentative Tract Map No. 51253 is contingent upon
all other approvals associated with this project.
7. Based on substantial evidence presented to this Council during the above -
referenced public hearings, including written and oral staff reports, public
testimony and the record of the Application, this City Council hereby
specifically finds as follows:
2
situated west of the Orange (SR -57) Freeway and Brea Canyon
Road, east of the corporate boundaries of the City (Tract 27141)
and Morning Sun Avenue, north of Pathfinder Road and the
adjacent existing residential area (Tract 32576) and south of
existing residential and vacant land located southerly of Golden
Springs Drive, consisting of 47.4 acres, and zoned R-1 15,000.
(b) Surrounding properties' zoning and land use are: -
East: Brea Canyon Road and 57 Freeway;
South: RPD 10,000 6U/vacant;
West: R-115,000/School;
North: R-1 8,000/Single family residential
(c) The Application is for a 21 residential lot subdivision to construct
21 single family units and common open space lots and the site is
physically suitable for the proposed density of development.
(d) The site is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Los Angeles County Department of Public
Works.
(e) The design of the subdivision and the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
biological resources, oak tree mitigation measures have been
included as project conditions to reduce the impact of oak tree loss
and a Statement of Overriding Considerations has been made on
these unavoidable impacts.
(f) Neither the design of the subdivision nor the types of
improvements will cause serious public health problems, since
sewage disposal, storm drainage, public services and geblogical
and soils factors are addressed in the conditions of approval
appended hereto.
(g) The subject site lies wiL/
thin the 1992 General Plan RPD (Low
Density, 3 du/ac, Residential Planned Development) land use
designation. The proposed map is consistent with the 1992
General Plan and will . not be in conflict with the 1995 draft
3
_ -._. .
RL (Low Density, 3 du/ac) or with zoning standards.
(h) The design of the subdivision provides, to the extent feasible, for
future passive or natural heating or cooling opportunities. ' The
design of the subdivision is based on the size and shape of the
parcel.
(i) The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake or
reservoir.
(j) The subdivision and development of the property in the manner set
forth on the map will not unreasonably interfere with the free and
complete exercise of public entity, and/or public utility rights-of-
way and/or easements within the area covered by the map, since
the design and development as set forth in the conditions of.
approval and on the tentative map provide adequate protection for
any such easements.
(k) The discharge of sewage from this subdivision into the public
sewer system will not violate requirements of the California
Regional Water Quality Control Board pursuant to Division 7
(Sections 13000, et seq.) of the California .Water Code.
V-1,
(1) The housing needs of the region have been considered and
balanced against the public service needs of local residents and
available fiscal and environmental resources.
(m) On October 26, 1992, January 25, February 8, February 22,
February 25, April 12, April 26 and May 10, 1993, the Planning
Commission of the City of Diamond Bar conducted a duly noticed
public hearing on the subject matter of the Application.
(n) - This 6.7 acres project was a component of the South Pointe Master
Plan. Granting this application • removes all restrictions to
development on the real property within the boundary of Tentative
Tract No. 51253. Any real property subsequently assembled with
the lots created as a part of this action will retain all restrictions to
use that may be in place at that time.
(o) The City determined that the Project and those discretionary
actions identified therein or required thereunder constituted a
"project" pursuant to the California Environmental Quality Act, as
amended ("CEQA") and- the guidelines for the Implementation of
the. California Environmental Quality Act ("guidelines").
4
..:.icings container, in an
Initial Study prepared by die City, determined that the Project
could result in significant environmental impacts, commenced
preparation of an Environmental Impact Report ("EIR") and
prepared and disseminated a Notice of Preparation ("NOP").
(� On November 30, 1992, pursuant to the noticing obligations
delineated in CEQA guidelines, the City prepared and disseminated
both a Notice of Completion ("NOC") and the Draft
Environmental Impact Report for the South Pointe Mastez Plan,
SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review
period which concluded on January 14, 1993.
(r) The City published legal notice regarding the availability of the
Draft EIR and solicited public comments thereupon in the San
Gabriel Valley Tribune and Inland Valley Bulletin on December 3,
1992.
(s) On January 7, 1993, the City's Parks and Recreation Commission
held a noticed public meeting to discuss the Project and the Draft
EIR. On January 14, 1993, the City's Traffic and Transportation
Commission conducted a noticed public meeting to discuss the
Project and the Draft EIR.
(t) Noticed public meetings were conducted by the City of Diamond
Bar Planning Commission on December 14, 1992; January 25,
February 8, May 10, May 17, and May 23, 1993; and May 24,
1994.
(u) On May 24, 1993, the City of Diamond Bar Planning Commission
adopted a resolution recommending to the City Council approval
of the Project and certification of the Final EIR.
(v) The City of Diamond Bar City Council conducted noticed public
hearings on the Project and its environmental documentation on
September 14, Septembei 28, October 3, and November 16, 1993;
and May 2, May 31, and June 3, 1994. On June 3, 1994, the City
Council certified the Final EIR, but elected to take no action upon
the Project.
(w) On June 4, 1994, the City prepared a Notice of Determination
("NOD") documenting its actions certifying the Final EIR and
posted the NOD at the office of the County Clerk and forwarded
a copy of the NOD to the State Clearinghouse, in the form and
manner prescribed under CEQA guidelines.
(x) The Final EIR consists of the following documents: (1) Annotated
Draft EIR (November 1992, annotated May 1994); (2) Response
5
_ a...mpact .report for the
South Pointe Master Plan (February 18, 1993); (3) Technical
tip na R�Sponx to Cummcros on the Draft 1mvironmental
Impact Report for the South Pointe Master Plan (May 18, 1993);
(4) Volume II -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (November 1993);
(5) Volume III -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan foray 1994); (6)
City of Diamond.Bar Planning Commission staff reports, minutes
and public testimony; and (7) City of Diamond Bar Council staff
reports, minutes and public testimony.
(y) Following certification of the Final EIR, the City Council
conducted additional public hearings and meetings to consider each
of the discretionary actions identified therein. On July 5, 1994,
the City Council directed staff to prepare Findings of Fact, a
Statement of Overriding Considerations, a mitigation reporting and
monitoring program and a revised NOD, in furtherance of those
disclosure obligations contained in CEQA guidelines, authorizing
the City Council to take subsequent actions upon all or a portion
of the Project, including the alternatives identified in the Final
EIR.
8. Based upon -substantial evidence presented to this Council during the above
referenced public hearing and upon the specific findings of fact set forth
above, pursuant to the provisions of California Government Code 65361,
the Council hereby finds and determines as follows:
(a) The action proposed (Tentative Map) was initiated and processed
in accordance with the provisions of Ordinance No. 4 (1992) of
the City of Diamond Bar and pursuant to the Extension of Time
conditions granted to the City of Diamond Bar by the Office of
Planning and Research.
(b) The Application as proposed and conditioned herein complies with
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, this City Council
hereby approves the Application subject to the following conditions which
are set forth in Exhibit "C" hereto and are incorporated by reference.
The City Clerk is hereby directed to:
(a) to certify to the adoption of this Resolution; and
G
re:um receipt requestec,, to Amrut Patel, SASAK CORP.,
858 W. 9th Street, Upland, CA 91785-1153
Approved and adopted this the; 17th day of May; 1995, by the City Council of the City
of Diamond Bar.
BY:
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 by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 17th day
of May, 1995, by the following vote -to -wit:
AYES: [COUNCIL MEMBERS:] Miller, Papen, and Werner
NOES: [COUNCEL MEMBERS:] An -sari and Harmony
ABSTAIN: [COUNCEL MEMBERS:]
ABSENT: [COUNCIL MEMBERS:]
C Urr7ExSUW0Lrmrrsi2M.RM
ATTEST:
City Clerk of the City of
Diamond Bar
7
EDIT "C"
CONDITIONS OF APPROVAL
. TRACT NO. 51253
A. GENERAL i . REQ
1. The applicant is required to. submit authorization of all property owners with interest in
the project. The approval.of Tentative Tract Map No. 51253 shall not be effective for
any pose until a duly authorized representative of the applicant(s) has filed with the
Community Development Department an Affidavit of Acceptance, thereby accepting all
the conditions of this approval which Affidavit shall be filed within 15 days of the date
of approval.
2. All requirements of this Resolution, the applicable Zoning District, the City Codes, City
departmental policies, rules and regulations and applicable law, policies and regulations
Of any State, Federal or local agency with jurisdiction thereof shall be complied with by
the Applicant.
3. In accordance with Government Code Section 66474.9(b) and (c), the subdivider shall
defend, indemnify and hold harmless the City, its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents, officers, or employees to
attack, set aside, void or annul, an approval of the City, which. action is brought within
the time period provided for in Government Code Section 66499.37. The City shall
promptly notify the subdivider of any such claim, action, or proceeding, and shall
cooperate fully in the defense.
B. FIRE DEPARTMENT REQ S:
1. Provide and locate water mains, fire hydrants and fire flows as required by Fire
Department and Fire Code.
2. Prior to recordation of a final map, emergency secondaryaccess shall be provided in
accordance with Fire Protection District Standards and approved by the City Engineer.
3. Fire Department access shall be extended to within 150 feet distance of any portion of
structure to be built and shown on the final map.
4. Access shall comply with Section 10.207 of the Fire Code (all weather access).
5. Driveways shall include, as necessary, turnarounds suitable for fire protection equipment
use and shown on the final map. Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire Department use.
01
on-site improvements. v emcuiar access must be provided and maintained serviceable
throughout construction.
7. All hydrants shall be brass or bronze and conform to current AWWA standard AC503
or approved equal. All hydrants shall be installed a minimum of 25 ft. from a structure.
C. COMMUNM DEVELOPMENT DEPARTMENT REQ
1. The site shall be developed and maintained in accordance with the approved Tentative
Tract Map and plans approved by the City Council as revised by these conditions of
approval.
2. Prior to the recordation of the final map the applicant shall pay a park in -lieu fee, or
dedicate park land to the City's satisfaction.
3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m.
to 5:00 p.m., Monday through Saturday, except that interior building construction
activities shall not be limited. All construction equipment shall be properly muffled to
reduce noise levels. Transportation of equipment and materials and operation of heavy
grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00, Monday
through Saturday. All equipment staging areas shall be sited on the subject property.
Dust generated by construction activities shall be reduced by watering the soil prior to
and during grading activities. Use of reclaimed water shall be used whenever possible.
F
4. Each parcel shall provide a minimum of 7,200 square feet and a minimum pad size of
6,000 square feet. Each lot shall provide a minimum frontage of 60 feet and 40 feet on
cul-de-sacs and knuckles. Front setbacks shall be a minimum 16 feet from right of way
with an average of 18 feet. Side yard setbacks shall be a minimum of 5 feet and 10 feet
clear with rear setbacks of 20 feet, as measured from the structure to top *of slope of
building pad. Homes shall be staggered with a minimum 18 feet average front setback
to prevent a series of similar front setbacks.
5. Applicant shall pay development fees (including, but not limited to, planning, building
and school fees) at the established rates prior to recordation of the final map and issuance
of building permits.
6. Prior to issuance of building permits, the applicant/subdivider shall prepare and submit
to the Director of Community Development for approval, a "Buyer Awareness Package"
which shall include, but not be limited to, information pertaining to geologic and
environmental issues regarding the property, freeway noise, proximity to bus routes and
oak tree preservation issues, explanatory information pertaining to building rights
restrictions and other restrictions on use of properties as necessary and .similar related
matters. The Applicant shall institute a program to include delivery of a copy of the
"Buyer Awareness Package" to each prospective purchaser and shall keep on file in the
office of Applicant, with copies to the City and a receipt signed by each such prospective
purchaser indicating that the prospective purchaser has received and read the information
contained within the "Buyer Awareness Package." The project applicant(s) shall include
,- 2
cMs estao;.is.zec by the Los Angeles County Sheriff's Department to
increase community awareness and thereby, help reduce potential crime occurrences in
the City .
7. Prior to the issuance of building permits the variety of materials and colors to be used
on the exteriors of residential structures shall be approved in form and color by the
Community Development Uirector as a part of the Development Review of the model
homes.
8. Prior to any oxupancy permit being granted, these conditions and all improvements shall
be completed and bonded for, to the satisfaction of the City.
9. The use authorized by this approval shall be commenced or construction necessary and
incidental thereto shall be started on or before the time limit specified herein and
thereafter diligently advanati on or before the (2) second year after the expiration of
City Council approval.
10. Applicant shall pay all remaining prorated City project review and processing fees prior
to recordation of the tract map as required by the Community Development Director:
11. Any real property subsequently assembled with the lots created as a part of this action
will retain all restrictions to use that may be in place at that time.
12. Thea applicant PP � is required to forward all outstanding fees to the City related to the
processing of this application within 30 days of approval of this project.
D. RESOURCE MANAGEMENT PLAN REQ
1. As a means of mitigating potential environmental impacts, the applicant shall suspend
construction in the vicinity of a cultural resource encountered during development of the
site, and leave the resource in place until a qualified archaeologist can examine themand
determine appropriate mitigation measures. The applicant shall comply with mitigation
measures recommended by the archaeologist and approved by the Community
Development Director.
Upon initiation of grading activities, a paleontological grading observation schedule by
a Certified Paleontologist shall be maintained when grading in bedrock units to further
evaluate the fossil resources of the site. Salvage operations shall be initiated and
coordinated with the project applicants if significant concentrations of fossils are
encountered.
2. Plant street trees as directed and approved by the City Engineer.
3. No underground utilities shall be constructed within the drip line of any mature tree
preserved on-site except as approved by a registered arborist.
3
De impiemented and rigorously complied with. Applicant
shall deposit and maintan with the City, a fund in such amounts required by the Director
Of Community Developrner,t to defray the cost of_implementation and monitoring by City
staff and consultants reuiir,ixl by City.
5. A detailed landscape and irrigation plan, includingslope °'Pe Planting and model home
landscaping, shall be prepared by a licensed landscape architect and submitted for City
review and approval prior to issuance of building permits. Fence details, tree staking,
soil preparation, planting details and an automatic irrigation system and the incorporation
of xerotropic landscaping shall be incorporated wherever feasible. The Applicant shall
PAY all Processing fees associated with plan review.
-6. All terrace drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts. Terrace drains shall follow land form slope
configuration and shall not be placed in exposed positions. All down drains shall be
hidden in swales diagonally, or curvilinear across a slope face.
7. Prior to issuance of occupancy permits all oak trees to be
reall be replaced at
the ratios, locations and palette mix specified in EIR No.. 9 - s( CH 91081040).
Replacement oak tree ratio shall be 2:1 and shall consist of the following mix of sizes:
a. 5 % seedlings;
b. 15% 15 gallon:
C. 50% 24 inch box.
d. 15 % 36" box
e. 10% 48" box r
L 5 % 60" box
8. Existing trees required to be preserved in place shall be protected with a construction
barrier in accordance with the Los Angeles County Code and so noted on the grading
plans. The location of those trees to be preserved in place and new locations for
transplanted trees shallbe shown on the detailed landscape plans.
9. Prior to grading, seed collections shall be made from many of the native species on-site,
concentrating on areas to be impacted by the project. These seeds shall be propagated
and their offspring, in seed or container plant form, shall be used in the revegetation
program. Seeds of species in short supply on-site shall be increased prior to planting
and/or all seeds shall be grown in containers for planting on-site. Applicant shall provide
proof of compliance with this Section to City Engineer prior to grading and again, prior
to issuance of any certificate of occupancy.
10. Prior to the issuance of permits for site grading, two (2) suitable oaks for transplanting
shall be selected, tagged and recommended to the City for relocation by a qualified
arborist. Selection criteria shall include access, health, structuralfeasibilir
ty fo
transplantation and cost. In order to maintain wildlife food sources, an effort will r
made to select some specimens for transplanting marked to indicate compass and slope
orientation. Trees shall be boxed by a method which minimizes shock and allows for the
inclusion of the maximum feasible amount of root hairs and associated soil. Indigenous
4
transplanted oaks and detailed transplanting methodology shall be coordinated by a
qualified licensed arborist. The number of oaks to be transplanted and their specific
locations shall be approved by the Community Development Director.
11. - Prior to the issuance of grading permits the applicant shall obtain approval of a Fera. Pet
Trapping .Program by the Community Development Director. A feral pet trapping
program shall be administered by the Applidant during and after construction. The feral
pet trapping program shall provide for the trapping and disposition of former domestic
pets that have gone back to the wild, to the specifications of the Pomona Valley Humane
Society.
12. Prior to approval of project landscape plan the applicant shall demonstrate that the
landscaping palette for the project emphasizes the use of drought tolerant, native plant
species with low water requirements adapted to the inland Southern California climate.
Also, plants used in perimeter or common area landscaping shall include those which
provide nectar, fruit or seeds as food for native wildlife species. With the proper
selection and placement of native plants, the proposed development would retain some
of its natural value. Recommended plants for landscaping include:
Big -Leaf Maple
Bigberry Manzanita
Coyote Brush
Ceanothus
Redbud
Toyon
Honeysuckle
California Sycamore
Holly -leaved Cherry
California Coffeeberry
Holly -leaved Redberry
Sugarbush
Chaparral Currant
Our Lord's Candle
California -Fuchsia
Acer macrophylla
Arctostaphylos glauca
Baccharis pilularis
Ceanothus spp.
Cercis occidentalis
Heteromeles arbutifolia
Lonicera spp.
Platanus racemose
Prunus ilicifolia
Rhamnus californica
Rhamnus ilicifolia
Rhus ovata
Ribes malvaceum
Yucca whipplei
Zauschneria californica
13. In compliance with Section 3503.5 of the California Fish and Game Code, a qualified
biologist shall determine the presence of any raptor nests prior to or concurrent with
grading activities, the project applicant(s) shall contact the California Department of Fish
and Game; _shall obtain and comply with all appropriate procedures relative to grading
operations in proximity to those nests, and shall provide verification of same to the City.
Resulting mitigation measures may include: (1) modifying the design of utility poles, if
any, for the protection of raptors and other birds; (2) restricting construction activities
near raptor nesting sites during and immediately following the breeding season; and (3)
constructing artificial nesting platforms for raptors and other birds.
14. Prior to issuance of building permits, if applicable, Los Angeles County Fire Department
requirements for development in a wildland fire area shall be incorporated to reduce
5
resistive protection of exterior walls/openings; (2) fire -retardant roof covering; (3) fire -
resistive construction for decks, balconies and support structures; and (4) chimney
screens installed on each chimney flue. '
15. Project design and maintenance activities shall comply with brush clearance programs
administered by the Los Angeles County Fire Department.
16. Prior to the initiation of construction activities, building permits or recordation, the
project applicant(s) shall submit and the County Forester and Fire Warden shall approve
a fire- hazard reduction/fuel management• plan to minimize brush fire hazards on-site.
That plan shall include, but may not be limited to: (1) use of fire retardant construction
materials; (2) brush clearance and maintenance activities within 100 feet surrounding
individual structures; (3) irrigated planting area with provisions for maintenance
activities; and (4) the provision and maintenance of fire breaks.
17. In order to limit the potential threat of wildland fires, low -fuel volume plants shall be
incorporated into the revegetative plan.
18. Prior to the issuance of grading permits, the project applicants shall review development
plans with the Los Angeles County Department of Parks and Recreation to facilitate
implementation of the County's regional trail system. Adequate provisions (e.g. trail
dedication, signage) shall be provided to ensure the dedication of any City or County
ordinance required trail links.
19. Pnor to the approval of the grading plan, the project applicants) identify appropriate Ark -
measures
measures to be undertaken during grading activities to minimize disruptions to school
activities and shall address potential health and safety considerations relative to pedestrian
acuviues in the project arta.
20111 Prior to the initiation of grading activities and building permits a replacement plan for
the loss of existing oak trees shall be submitted by the project applicant(s) and approved
by the City.
.l ✓ :applicant should consider a united biological resource removal program, prior to
grading, to allow persons to remove selected vegetation at their own expense.
E:. :APPLICABLE EER MIITIGATION tifEASMES
(not addressed in subsections a, b, c or d)
rhe following conditions are FIR mitigation measures not covered by the tract conditions listed
:n ,ubsecuons a. b, or c which apply to the project site.
I. All grading; earthwork and associated development activities shall be designed and
conducted in accordance with applicable City and County standards and shall conform
with recommendations contained in the Preliminary Soils Engineering Investigation for
6
as may be prepared for the site and/or required by the City and County.
2.` The project applicant shall be financially responsible for the following items: (1) the
construction or advancement of funds for the construction of any required or -site
drainage improvements as contained in the Master Plan of Drainage Facilities approved
by the City.Engineer and County Engineer of Los Angeles County; (2) the construction
of in -tract and off-site storm drain system improvements; (3) prorated mitigation fees of
contributed flows and/or (4) any permits or other assessments customarily imposed by
the County Engineer.
3.. Drainage shall be disposed of in a manner satisfactory to the City Engineer and County
Engineer I of Los Angeles County. The design and installation of project drainage
facilities shall be in accordance with the flow criteria, design standards and construction
requirements of both the Los Angeles County Department of Public Works and the City
of Diamond Bar.
4.` Prior to the approval of the final tract map(s), a special maintenance district or other
funding mechanism acceptable to and approved by the City shall be established for the
maintenance of on-site storm drainage facilities. Terraces and down drains will be part
of the Landscape and Lighting District. The main drainage system shall be accepted into
the Los Angeles County or City of Diamond Bar Maintenance District. -
Prior to the initiation of grading operations, the project applicant(s) shall obtain all
applicable construction, stormwater and NPDES permits as may be required by the City,
the County of Los Angeles and the California Regional Water Quality Control Board for
the discharge of urban pollutants.
6. Prior to the issuance of grading permits the applicant shall illustrate to the satisfaction
of the City Engineer how the following mitigation measures recommended by either the
City or the South Coast Air Quality Management District to minimize air quality impacts
during the construction phase of the proposed project have been incorporated into project
construction guidelines:
a. Apply approved chemical soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded areas inactive
for four days or more).
b. Replace ground. cover in disturbed areas per City specifications.
C. Enclose, cover, water twice daily, or apply approved soil binders, according to
manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt).
d. Water active sites at least twice daily.
e. Suspend all excavating and grading operations when wind speeds (as instantaneous
gusts) exceed 25 miles per hour (mph).
f. Monitor for particulate emissions according to South Coast Air Quality
Management District specified procedures: For information call (909)396-3600.
g: In field trailers, use portable air conditioning units with non -diesel. ' . .
h. Sweep streets at the end of day if any visible soil material is carried over to
adjacent thoroughfares (recommend water sweepers which use reclaimed water).
,7
mac,). k. _.on roacs or staging areas for construction equipment.
j. Apply water twice daily for chemical soil stabilizers according to manufacturers'
specifications to all unpaved parking or staging areas and unpaved road surfaces,
if required for dust control.
k. Install wheel wa:;hers where vehicles exit unpaved roads onto paved roads, or
wash off trucks and any equipment leaving the site every trip in designated areas
on the site.
1. 'Traffic speeds on all unpaved mads surfaces to be reduced t6_15 mph or less.
M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and
should maintain at least six inches of freeboard (i.e., minimum required space
between top of the load and top of the trailer) based upon a level load.
n. Pave construction roads that have a traffic volume of more than 50 daily trips by
construction equipment, 150 total daily trips for all vehicles, for 12 consecutive
days.
o. Pave all construction access roads at least 100 'feet onto the site from the main
road.
P. Use methanol or low -sulfur pile drivers.
q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule
431.2.
r. Suspend use of all construction equipment operations during second stage smog
alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange Counties) or
(800) 367-4710 (San Bernardino and Riverside Counties).
S. Use construction equipment that has catalytic convertors (for gasoline powered
equipment).
t. Prevent trucks from idling longer than two minutes.
U. Configure construction parking to minimize traffic interference.
V. Provide temporary traffic control during all phases of construction activities to
improve traffic flow such as providing a flag person to direct traffic and ensure
safe movements off the site as directed by the City Engineer.
W. Schedule construction activities that affect traffic flow to off-peak hours (i.e.,
between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00 PM) with
approval from the City.
7. The following mitigation measures are recommended by the SCAQMD to minimize long-
term emissions associated with the project:
a. Use solar or low -emission water heaters.
b. Use central water heating systems.
C. Use built-in energy efficient appliances.
d. Building and subdivision orientation should be to the north for natural cooling.
e. Provide shade trees to reduce building heat:
f. Use energy efficient and automated controls for air conditioners.
g. Use double -glass paned windows.
8. Construction and maintenance activities, including the repair and maintenance of
equipment, shall conform to and comply with applicable provisions of the City of
Diamond Bar's Noise Ordinance.
8
heavy -equipment truck trips.
10. Project security features which shall be incorporated into the final design may includc:
(1) -residential dwelling unit orientation which facilitates "neighborhood involvement"
activities; (2) exterior security lighting; (3) well-designed access for police patrols to
provide optimum observations; and (4) illuminated street addresses to ensure visibility
from the street for better patrol observation. ,
11.1 Prior to final tract map approval, the project applicants) shall submit a sewer study to
both the County and City Engineer identifying project wastewater flow and tributary flow
to the existing County trunk and local sewer lines. This study shall identify: (1) the
location, -phasing, bonding and details of any proposed sewer facilities and improvements
by street configuration, lot layout and gravity flow; (2) any current capacity shortfalls
of the County trunk and/or City sewer lines; and (3) specific design recommendations
to provide additional lines or sizing upgrade, if required.
12. The project applicant(s) shall convey access and property easement and rights-of-way to
the County Sanitation Districts of Los Angeles County, as deemed necessary by the
County and City Engineers, for the construction and maintenance of sewer lines and
associated facilities, prior to final map approval.
13. The project applicant(S) shall contribute an equitable share of cost, as established by the
City, to fund improvements to the area's main lines, pumping stations, etc. required as
a result of.project development, prior to final map approval.
14. The project applicant(s) shall provide to the County Sanitation Districts of Los Angeles
County information regarding the construction and/or building schedule of the project so
that the timing of the County Sanitation Districts' expansion may be coordinated with the
project increase in demand.
15: In order to minimize the impact of project development on the County's solid waste
disposal system and to facilitate the attainment of source reduction standards for the City
of Diamond Bar as contained in the California Integrated Solid Waste Management Act
of 1989, (the "Act") the project applicant(s) shall: (1) consult with the City of Diamond .
Bar, the County Sanitation Districts of Los Angeles County and the Los'Angeles County
Department of Public Works regarding implementation of technologies to reduce and
recycle solid waste both during construction and after completion of the project; and (2)
consult with the current refuse removal collection company(ies) regarding design
standards for access to, location and construction of trash container enclosures in order
to facilitate implementation of automated refuse collection.
16. The project applicant(s) or subsequent homeowners' association(s) shall comply with
those source reduction and recycling and composting requirements as may be adopted by
the City of Diamond Bar in accordance with Assembly Bill 939. .
9
-,..
;S -C" .e
was,s ::or reuse as specified under the City's Source Reduction
Rec
ycling Element and County Sanitation Districts waste diversion policies.
18.1 A Homeowners Association shall be created and made a party to the Conditions,
Covenants, and Restrictions (CC&R s) for this project. A copy of the CUR's and
Articles of Incorporation of the Homeowners Association, subject to the approval of the
City Attorney, shall be recorded with this map and placed on file with the Planning
Department. -
19. Each lot shall be developed in substantial compliance with the final map and applicable
CC&R's.
24. Any lighting fixtures adjacent to interior property lines shall be approved by the
Community Development Director as to type, orientation and height.
21. All slope planting and irrigation shall be continuously maintained in a healthy and
thriving condition by the developer until each individual unit is sold and occupied by the
buyer. Prior to any occupancy permit being -granted, these conditions and all
improvements shall be completed to the satisfaction of the Community Development
Director and City Engineer.
22. All down drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts.
23. All residences will be required to receive approval via the Development Review process
by the Planning Commission subsequent to approval of the final map.
24. All grub material shall be stored on-site until such time the material is mulched and
incorporated into the grading. The storage of the grub material shall be in compliance
with City standards which may require a separate permits, Los Angeles County Fire
Department requirements, and dust control requirements.
25. Prior to any occupancy permit being granted, these conditions and all improvements shall
be completed to the satisfaction of the City.
26. The project applicant shall first obtain a Hillside Grading Conditional Use Permit and an
Oak Tree Removal Permit prior to issuance of any grading permit.
E. ENGI WMMG REQUIREMENTS
1. \ Prior to approval and recordation of the final map, written certification from each
affected district, that adequate sewer and water facilities are or will be available and from
each public utility and cable television purveyor that adequate facilities are or will be
available to serve the proposed project, shall be submitted to the City. Such letters must
.have been issued by the district, utility and cable television company, within ninety (90)
days prior to final map approval.
10
map. If an easement is blanket or indeterminate in nature, a statement to that effect must
be shown on the final ma in lieu of its lora on. t must
3 A title report/guarantee showing all fee owners, interest holders, and nature of interest
must be submitted when a final map is submitted for map check. The account shall
remain open until the final map is filed with the County Recorder. An-. updated title
report/guarantee and subdivision guarantee must be submitted ten (10) working days prior
to final map approval.
4;y A landscape/lighting districts shall be formed per City requirements to finance the
maintenance and to maintain common open space areas within the.project site.
S. New boundary monuments shall be set in accordance with the State Subdivision map Act
and as required by the City Engineer.
6.1If any required public improvements have not been completed by Subdivider and
accepted by the City prior to the approval of the final map Subdivider shall enter into a
subdivision agreement with the City and shall post the appropriate security prior to final
map approval_
7. All site grading, landscaping, irrigation, street improvement, sewer and storm drain
improvement plans shall be approved by the City Engineer prior to final map approval.
8. Street names shall be submitted for City review and approval prior to approval of the
final map. Street names shall not duplicate existing streets within the City of Diamond
Bar's postal service zip code areas.
9. House numbering plans shall be submitted to and approved by the City Engineer prior
to issuance of building permits.
10. The detail drawings and construction notes shown on the tentative map are conceptual
only and the approval of this map does not constitute approval of said notes.
11.. Subdivider shall submit to the City Engineer the detail grading and drainage construction
cost estimate for bonding purposes prior to approval of the final map.
12. The final grading plans shall be submitted to and approved by the City Engineer .prior
to issuance of a grading permit and approval of final map.
13. Precise grading plans for each lot are to be submitted to the Community Development
Department for approval prior to issuance of building permits, (This may be on an
incremental or composite basis.)
14. Grading of the subject property shall be in accordance with the current Uniform Building
Code, City Ordinance No. 14 (1989) and Hillside Management Ordinance No. 7 (1992),
and acceptable grading practices. The precise and final grading pians shall be in
substantial conformance with the approved Tentative Map.
11
.- . I --.....-. -- -.- , - ..,.-- - - -- -.-..: . r ...-.. .. as requ e- )y
the final geotechnical report.
16. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils aid
geology report shall be submitted in compliance with City guidelines to the City Engineer
for approval and said report shall be prepared by a. registered geotechnical engineer and
engineering geologist licensed by the State of California. The report shall address, but
not be limited to, the following:.
(a) Soil remediation measures shall be designed for a "worst case" geologic
interpretation subject to verification in the field during grading.
(b) The extent of any remedial grading into natural areas shall be clearly defined on
the grading plans.
(c) Areas of potential for debris flow shall be defined and proper remedial measures
implemented as approved by the City Engineer:
(d) Gross stability of all fill slopes shall be analyzed as part of the Geotechnical
report, including remedial fill that replaces natural slope.
(e) Stability of all proposed slopes shall be confirmed by analysis as approved by the
City Engineer.
(f) All geologic data including landslides and exploratory excavations must be shown
on a consolidated geotechnical map using the 40 -scale final grading plan as a
base.
All geotechnical and soils related findings and recommendations must be reviewed and approved
by the City Engineer prior to issuance of any grading permits and recordation of the final map. Jr -
Applicant
Applicant further agrees that the number of actual buildable lots may be reduced by the City
based upon the final findings and recommendations of the City's geologist.
17. 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 earthworm specified in the final *report shall be incorporated into the plans.
18. Grading plan(s) must be signed and stamped by a California registered Civil Engineer,
registered Geotechnical Engineer and registered Geologist.
19. All identified geologic hazards within the Tentative Tract boundaries which cannot be
eliminated as approved by the City Engineer shall be indicated on the final map as
"Restricted Use Area" subject to geologic hazard. The subdivider 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.
20. Surety shall be posted and an agreement executed guaranteeing completion of all drainage
facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior
to final map approval and prior to the issuance of grading permits.
21. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated
and shown on the final map as approved by the City Engineer.
12
properties shall be installed prior to issuance of �buildin anc, protecting the subdivided
rrai
any parcel that may be subject to drainage flows enter,gleavin is for construction upon
g
which a building g, O1 within a parcel for
g pernut is requested.
23. M erosion control plan shall be approved by the City Er,�gin�
gprior to issuance of
grading Permits.
24. Prior to placement of any dredged or fill material into an "
bed, a 404 permit shall be obtained from the ArmyCo y U•S.G.S. blue line stream
G� of �gineers and an agreement
with the California
Department of from
and Game shall be obtained and submitted to the
City Engineer.
25. The Subdivider shall provide drainage facilities to remove the flood
hazard
and show necessary easements and/or rights of way on the final and dedicate
of City Engineer. map to the satisfaction
26• All identified flood hazard locations within the tentative
be eliminated as approved by the Ci En boundaries which cannot
delineated as "Restricted Use ' City Sm shall be shown on the final map and
Area subject to flood hazard, The Subdivider shall
dedicate to the City the right to restrict the erection of buildings or other structures
within such restricted use areas on the final map.
27- A permit from the County Flood Control District is required for work within its right-of-
way.
28. A final drainage study and final storm drain improvement plans in: a 24"x36" sheet
format shall be submitted to and approved by the Ci
ks rior to final maty Engineer and the Los AngelesCounty Department of Public Wor
shall p P approval. All drainage facilities
all be installed as Angeles Standards for by the City Engineer and in accordance with County of Los
g acceptance and disposal of all related drainage.
29.- Prior to finalization of any development phase, sufficient street, sewer, water and
drainage improvements shall be completed beyond the phase boundariesW assure access,
proper outfall of sewers, adequate domestic and fire water service flows and proper
action of the City Engineer. phase boundaries shall
drainage protection to the satisf
correspond to lot lines shown on the final map.
30. Applicant shall submit to the City Engineer the detail cost estimate for bonding purposes
of all public improvements, prior to approval of the final map,
31. New street centerline movements shall beset at the intersections of streets, intersection
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
movements 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.
13
y .-egisterec.
Civil Engineer, shall be submitted to and approved by the City Engineer. Security shaL.
be posted and an agreement executed guaranteeing completion of the public and/or
private street improvements, prior to final map approval.
33. Prior to any work being performed in public right-of-way, fees shall be paid and a
construction permit shall be obtained from the City Engineer's Office for work in the
City of Diamond Bar and from the Los Angeles County Department of Public Works for
work in the County, in addition to any other permits required. ,
34. No street shall exceed a maximum slope of 12 % unless approved by the City Engineer.
35. Construct base and pavement on all streets in accordance with soils report prepared by
a qualified and registered engineer and approved by the City Engineer or as otherwise
directed by the City Engineer. .
36. Vehicular access must be provided to all "Urban Pollutant Basins" with a minimum width
of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15 %
unless otherwise approved the City Engineer.
37. Subdivider shall pay its fair share of other signal improvements required pursuant to the
approved EIR prior to approval of the final map based upon amended traffic study as
approved by City Engineer.
38. Label any private drives or fire lanes and delineate on the final map to the satisfaction '
of the City.
39. Construct or post bonds for drainage improvements and offer easements needed for street
and slope drainage as required by the City Engineer prior to recordation of the final map.
40. Construct sidewalks throughout the tract per City standards and as approved by the City
Engineer. In addition, the applicant shall provide $18,000.00 for sidewalk installation
within the adjacent county area.
41. Provide and install street name signs to the satisfaction of the City Engineer prior to
issuance of a certificate of occupancy.
42. All utility lines shall be underground per Section 21.24.400 of Title 21 of the City Codes
in and adjoining the proposed Tentative Tract Map.
43. Construct curb and gutters per City standards subject to approval by the' City Engineer.
44. Construct wheelchair ramps at all corners and all intersections pursuant to City Standards
or as may be required by the City Engineer.
45. Construct street lights along all streets as required per to City standards and as approved
by the City Engineer. The street lights shall be placed in a landscape and lighting
district, as directed by the City Engineer.
14
s-iee. .orma. anc. suomitted to and approved by the City Engineer. Security
shall be posted and ar, agreement executed uaranteein
improvements prior to final map approval. g g completion of traffic
47. Intersection line of sight designs shall be submitted to the City Engineer for approval as
may be required by City Engineer,
48. Traffic control signing arid striping plans shall be prepared in. accordance with City
requirements prior to approval of the final map.
49. Prior to final map approval the subdivider shall submit an area study to the City Engineer
and Los Angeles County Department of public Works to determine whether capacity is
available in the sewerage system to be used as the outlet for the sewers is this land
division. If the system is found to be of insufficient capacity, the problem must be
resolved. to the satisfaction of the City Engineer and Los Angeles County Department of
Public Works.
50. 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 Los
Angeles County or Sanitation District sewer system. Said system shall be of the size,
grade and depth approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works Department. - Sanitary sewer improvement plans in a
24"x36" sheet format, prepared by a California registered Civil Engineer, shall be
submitted to and approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works Department, prior to approval of the final map.
51. The Subdivider shall obtain connection permit(s) from the Los Angeles County Public
Works Department 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 deification prior to
approval of the final map.
52. The Subdivider, at Subdivider'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 approved plans or security shall be posted and an agreement executed
guaranteeing completion of the sewer improvements, prior to final map approval.
53. Prior to final map approval a water system with appurtenant facilities to serve all lots in .
the land division designed to Walnut Valley Water District (WVWD) specifications, must
be provided and approved by the City Engineer. The system shall include fire hydrants
of the type and location as determined by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the total domestic and fire flows to. the*
satisfaction of the City Engineer, WVWD and Fire Department.
15
construct, or enter into an improvement agreement with the City to construct ;end provide
security guaranteeing construction of the necessary water system improvements.
55. 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.
56. Subdivider shall relocate and underground any existing on-site utilities to the satisfaction
of the City Engineer and the respective utility owner.
57. Prior to submittal of the final map, written certifications from Los Angeles County
Department of Public Works, Los Angeles County Sanitation Districts, Walnut Valley
Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are
or will be available to serve the proposed project shall be submitted to the City.
58. The Subdivider shall install main and service lines capable of delivering reclaimed water
to those portions of the subdivision which are designated as areas for which the HOA or
landscape Maintenance District is responsible for irrigation and/or landscape
maintenance. The system shall be designed to the specifications of the Walnut Valley
Water District and satisfaction of the City Engineer. As a reclaimed water supply is not
currently available at the site, the design shall provide for switchover from the domestic
service to reclaimed service at such time as it is available.
.r
59. Owner agrees, at Owner's sole cost and expense, that Owner will make all investigations,
analysis, recommendations and reports as required by the City Engineer concerning all
geotechnical aspects of this site along with the preparation of all plans and specifications
necessary for the remedy of all adverse geological and soils aspects of the site. All
reports, plans and specifications shall be submitted to the City Engineer for review and
approval. All approvals and permits shall be obtained and all earthwork and other
construction necessary shall be performed to make this property safe from landslide,
settlement, slippage and all other unsafe geological and soils conditions and to cause this
property to not pose any danger or hazard to nor have any adverse affect on any adjacent
properties: All work shall be performed in the time frame and to the satisfaction of the
City Engineer.
60. Final execution of this resolution is conditioned on the applicant posting security with the
City in the amount of $250,000 within seven (7) days of City Council approval to
guarantee performance of the above specified work in the time frame specified. The
Mayor shall not be authorized to execute this Resolution, and the Tentative Tract Map
shall not be deemed approved, unless this condition is satisfied.
61. The applicant shall upon approval herein, immediately commence to remediate the
adverse soils and geotechnical aspects of the site. Within -30 days of this approval
herein, the applicant shall submit a reconnaissance study, prepared by a licensed and
certified engineer/geologist acceptable to the City of Diamond Bar, which provides a plan
for the remediation of unsafe geologic and soils conditions. Within 60 days of this
16
po L'le L.1ty Attorney, to cover the cost and expenses of the remedial efforts identified and
attributable. to the property. The Mayor shall not be authorized to execute; this
Resolution, and the Tentative Tract Map shall not be deemed approved, unless this
condition is satisfied. - .
62• Final execution of this resolution is conditioned on the applicant expending $25,000 to
abate the immediate hazards on the property in accordance with the recommendations of
a professional geologist and registered soils engineer retained by the applicant and
acct-ptable to the City of Diamond Bar and with the approval of the City Engineer. The
Mayor shall not be authorized to execute this Resolution, and the Tentative Tract Map
shall not be deemed approved, unless this condition is satisfied.
C:%WPS IutMLUMTM512i9.CON
17
f
AN"
EXHIBIT A
FINDINGS, FACTS IN SUPPORT OF FINDINGS AND
STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING
THE ENVIRONMENTAL IMPACT REPORT FOR THE
SOUTH POINTE MASTER PLAN
(SCH. NO. 92081040)
1.0 INTRODUCTION
1.1 State Law.
The 'State Guidelines ("Guidelines") promulgated pursuant to the California
Environmental Quality Act ("CEQA") provide:
No public agency shall approve or carry out a project for which an Environmental Impact
Report (EIR) has been completed which identifies one or more significant environmental
effects of the project unless the public agency makes one or more written findings for
each of those significant effects, accompanied by a brief explanation of the rationale fqr
each finding. The possible findings are:
a. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR (hereinafter referred to as "finding (1)").
b. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes have
been adopted by such other agency or can and should be adopted by such other
agency (hereinafter referred to as "finding (2)").
C. Specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (hereinafter referred
to as "finding (3)").
The required findings shall be supported by substantial evidence in the record.
(Guidelines, Section 15091.)
. 1.2 Findings.
An Environmental Impact Report pursuant to CEQA has been prepared by the City of
Diamond Bar. The EIR for the South Pointe Master Plan ("project") identifies
significant effects on the. environment which may occur as a result of the project.
Section 2.0 of this Attachment identifies the significant environmental effects of the
project which cannot feasibly be mitigated below a level of significance. Section 3.0 sets
forth potential environmental effects of the project which are not significant because of
the design of the project or which can feasibly be mitigated below a level of significance.
Section 4.0 summarizes the alternatives discussed in the EIR and makes findings with
respect to the feasibility of alternatives and whether the alternatives would lessen the
significant environmental effects of the project. Section 5.0 ,sets forth a Statement of
Overriding Considerations with respect to the project.
The following sets forth all significant effects of the South Pointe Master Plan including
entitlements for: Tentative Tract Maps, Development Agreements, National Pollution
.Discharge permits and Grading Permits and with respect to each effect, makes one or
more of the findings set forth -in the Introduction above, states facts in support of such
findings, and, as appropriate, refers to the Statement of Overriding Considerations which
is attached hereto.
The Final Environmental Impact Report ("FEIR") including the Draft M, Response to
Comments and Technical Appendices thereto, and the administrative record concerning
the project provide additional facts in support of the findings herein. The mitigation
measures set forth in the Mitigation Monitoring Program area incorporated by reference
in these findings, and the findings in Sections 2.0 and 3.0 refer to individual. mitigation
measure as appropriate.
2.0 -.FINDINGS REGARDING IMPACTS THAT CANNOT BE
MITIGATED BELOW A LEVEL OF SIGNIFICANCE
2.1 AIR QUALITY
2.1.1 Significant Effect.
Implementation of the proposed project will result in the generation of both short-term
(i. E., Construction -related) and long-term significant impacts that produce an exceedance
of established South Coast Air Quality Management District (SCAQMD) New Source
Review (NSR) values for a number of the criteria pollutants examined. Based upon the
equipment and grading assumptions identified in the ETR, projected nitrogen oxide
emissions (measured in pounds/day) projected to occur during construction activities will
exceed the established SCAQMD NSR threshold criteria for that pollutant. In addition,
estimated project -related emissions at build -out will exceed NSR values for a number of
criteria pollutants, including carbon monoxide and nitrogen oxides. Ins recognition of
cumulative development activities, which collectively will result in an exceedance of
SCAQMD NSR threshold values for carbon monoxide, reactive hydrocarbons, nitrogen
oxides and particulates (PM10), in conjunction with the existing "non -attainment" status
of the South Coast Air Basin (SCAB), cumulative air quality impacts have been
determined to be significant.
Findings.
The Planning Commission thereby recommends that the City Council makes findings (1),
(2) and (3)•
Facts in Sup2Qrt of Findings.
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations.
(1) Mitigation Measures contained in Section 4.6.3 are hereby incorporated by
reference. -
(2) The California Clean Air Act, codified in Section 40412 of the Health and Safety
Code, designates the South Coast Air Quality Management District (SCAQMD)
as the agency principally responsible for comprehensive air pollution control in
the South Coast Air Basin (SCAB), in which the project site is located. In the
SCAQMD's publication Air Quality Handbook for Preparing Environmental
Impact Reports (SCAQMD), revised April 1987) specific new Source Review
(NSR) standards are identified for certain criteria pollutants. Projects whose
projected daily stationary and. mobile source emissions exceed those threshold
values may be determined to produce a significant air quality impact.
(3) Subsequent to the preparation of the EIR, the SCAQMD adopted a new CEQA
Air Quality Handbook (SCAQMD, adopted February 12, 1993). Under the new
handbook, the SCAQMD has established two types of air pollution thresholds to
assist local -agencies in determining whether the operational phase of any project
would produce a significant effect on the environment, including emission
significance threshold criteria and other additional indicators. Although similar
to those threshold criteria delineated in the 1987 manual, the 1993 standards for
nitrogen oxides and reactive organic gases have been modified. When these new
standards are applied to the project, in addition to those criteria pollutants which
exceed NSR values based upon the 1987 methodology, emissions for reactive
organic gases are projected to exceed recommended threshold values at build -out.
(4) For the purpose of ascertaining project -related and cumulative air quality impacts,
the City has elected to utilize the methodology delineation in the Air Quality
'Handbook for Preparing Environmental Impact Reports (SCAQMD, revised April
1987). In addition, project -related comments were solicited from the SCAQMD
by the City for use in the preparation of the EIR. Correspondence from the
SCAQMD, dated August 18, 1992, has been included in the EIR. The SCAQMD
in that correspondence,. recommends .the use of the 1987 handbook.
(5) When the total daily exhaust emissions from the construction equipment are added
to the estimated fugitive dust emissions, only one of the SCAQMD NSR threshold
values. (i.e., nitrogen oxides) would be exceeded. The amount of nitrogen oxides
emissions is more than sevens times the SCAQMD's NSR value; therefore, NOx
emissions represent a potentially significant short-term air quality impact.
Impacts based on NSR threshold levels for carbon monoxide, sulfur dioxide, lead,
: particulates and reactive hydrocarbons would not be considered significant (i.e.,
do not exceed NSR threshold criteria).
3
(6) No numerical standards exist with which to evaluate the significance of the
cumulative emissions totals, so the assessment of cumulative impacts must be
made on a qualitative basis. Given the poor background air quality of the South
Coast Air Basin (SCAB), the cumulative impacts of -the project, in'combination
with other related projects, should be considered significant. Since the
development of the project would generate a significant adverse impact on air
quality (as determined by comparison with NSR threshold values); the cumulative
air quality impact has also been determined by the City to be significant.
(7) Long-term emissions for both carbon monoxide and nitrogen oxides, due
predominantly to motor vehicle traffic generated by the project, are expected to
have a significant impact. on regional air quality based upon threshold values
established under the SCAQMD's New Source Review methodology.
(8) The build -out of the proposed project would use less than one percent of the
growth increments for population, housing and employment in Fast San Gabriel
Valley planning region as identified.by the Southern California Association of
Governments (SCAG) and as contained in the Growth Management Plan (GMP).
On these bases, the proposed project would be consistent with the 1991 Air
Quality Management Plan (AQMP). The GMP provides no quantification of
projected acreage converted to urban uses. As a result, there is no basis provided
to measure the significance of project development from a land use conversion
perspective. It is, however, reasonable to conclude that based upon both the
projected subregional employment projections 'and estimated residential
development, the urbanization of the project site would not consume a
disproportionate share of that rural acreage.
(9) The 1991 AQMP provides for regional growth; cumulative impacts are expected
as part of that planned growth. Adherence to the regional plan ensures that
growth will occur at a manageable rate and in balance with appropriate mitigation
measures.
(10) The project includes a balanced mixed-use land use concept which provides
opportunities to work, live and recreate within the boundaries of the planned
community. This land use pattern is supportive of regional air quality policies
designed to reduce regional vehicular trips and promote a community level jobs-
housing.balance.
(11) ' It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations) incorporated by reference herein.
2.2' Traffic/Circulation
"2.2.1 Significant Effect.
Based upon cumulative development activities, in combination with ambient traffic
4
volume projections, a number of project area intersections are anticipated to experience
a deterioration in their existing service levels. Although identified roadway
improvements will minimize many of those identified impacts, select intersections will
exhibit LOS E or LOS F levels of service conditions; therefore, cumulative traffic
impacts are considered significant and unavoidable.
Findings.
The Planning Commission thereby recommends that the City Council makes findings (1)
and (3).
Facts in Support of Findings.
The- following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in Section 4.5.3_in the Draft ED;, as augmente$
in the Response to Comment document, are hereby incorporated by reference.
(2) In conjunction with this project, the existing access to South Pointe Middle School
will also be changed from Larkstone Drive, as the only vehicular access point,
to include a new roadway through the project site, which will serve as a
secondary means of school access. The existing school access requires motorists
to use a number of local streets before they reach a major arierial (Colima Road).
The circulation system improvements identified under the proposed project would
provide vehicular access directly to Brea Canyon Road and would improve access
for those residents served by Walnut Leaf Drive and Lake Canyon Drive. project
area residents residing immediately north of South Pointe Middle School may
continue to use Larkstone Drive, but other school -related traffic may be re-routed
to the new collector roadway through the project.
(3) A significant portion of the project -related traffic is expected to be pass -by traffic
(i.e., traffic already on the existing street system in route to another destination).
Professional literature indicates that the percentage of pass -by traffic for retail
uses can range from 20 to 50 percent. The proposed open space and park are
expected to serve the local residential neighborhoods; therefore, it is not expected
to generate significant new traffic above that already included in the residential
project -related traffic forecast. Further, peak periods at parks typically occur
before or after the normal evening peak hour and on weekends. The project
traffic- forecasts have not been reduced to account for internal project traffic
between the residential and commercial components of the project. In addition,
the mixed land use concept contained within the South Pointe Master Plan
.� provides an opportunity to reduce vehicular trip making and reliance on the single
occupant vehicle commute trip. '
5
(4) A traffic study was completed in conjunction with development of the EIR. The
traffic study was based on existing traffic count data and included project phasing,
traffic forecasting, impact evaluation (based on traffic generation forecast and
traffic distribution and assignment), intersection analysis and a cumulative impact
assessment. -
(5) Although project implementation will not significantly impact the area's roadway
network, cumulative (i.e., related project activities and ambient growth factors)
traffic -related impacts are anticipated to result in a deterioration of existing
service levels, beyond a LOS D threshold criteria, at a number of project area
intersections. Ambient traffic growth anticipated to occur in the project vicinity,
as modeled through the year 2012, will result in Level of Service (LOS) forecasts
of LOS E or LOS F during at least one peak period at the following intersections:
(1) Colima Road/Brea Canyon Cutoff; (2) Colima Road/Lemon Avenue; (3)
Colima Road/Eastbound SR -60 Ramps; (4) Brea Canyon Road/Westbound SR -60
Ramps; (5) Brea Canyon Road/Colima Road; and (6) Pathfinder
Road/Northbound SR -57 Ramps. With or without this project, ambient traffic
growth would result in unacceptable traffic levels at the intersections identified.
(6) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations described in Section 5.0 (Statement of Overriding
Considerations), incorporated by reference herein.
2.3 BIOLOGICAL RESOURCES
2.3.1 Significant Effect,
In accordance with the criteria established under Part 16, Chapter 22.56 of the County
of Los Angeles Planning and Zoning Code, 835 trees of the genus Quercus have been
identified within the project boundaries whose size satisfies the criteria delineated therein.
Of those trees, an estimated 768 oak trees (representing 92 percent of the total inventory
of oak trees tabulated) will be removed as result of proposed grading activities on-site.
Although the loss of this existing biotic resource will, in part, be mitigated through the
approval of Development Agreements and issuance of an Oak Tree Permit and
satisfaction of those conditions adopted therewith, the removal of those trees and the
ecosystem created by their presence cannot be mitigated below a level deemed by the
City to be significant.
Findings.
The Planning Commission thereby recommends that the City Council make findings (1)
and (3).
Facts in Support of Findings
The following facts or mitigation measures indicate that although the identified impact
C.1
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations, incorporated by
reference herein.
(1) Mitigation measures contained in Section 4.4.3 in the EIR, and augmented in the
Response to Comment document, are hereby incorporated by reference.
(2) Project conditions, as contained in the draft Oak Tree Permits for the project, are
hereby incorporated by reference.
(3) The County of Los Angeles Planning and Zoning Code (Part 16, Chapter 22.56
imposes specific restriction on the damaging or removal or oak tree meeting
specific size requirements, imposing upon property owners seeking the removal
of those trees an obligation to obtain an Oak Tree Permit and submit specific
information quantifying existing oak tree resources within the area to be
potentially impacted. In accordance with that code section, an Oak Tree Permit
is established: (a) to recognize oak trees as significant historical, aesthetic and
valuable ecological resources, and as one of the most picturesque trees in Los
Angeles (County), lending beauty and charms to the natural and man-made
landscape, enhancing the value of the property and the character of the
communities in which they exist; and (b) to create favorable.conditions for the
preservation and propagation of this unique, threatened plant heritage, particularly
those trees classified as "heritage trees", for the benefit of current and future
residents of the County.
(4) In accordance with City and County requirements, an oak tree inventory of the
project site was conducted for the purpose of identifying, quantifying and
physically tagging those oak trees on-site meeting the criteria outlined in the
above- mentioned referenced Oak Tree Permit Ordinance.
(5) Trees were marked with elongate -oval aluminum tags, placed approximately at
breast height on the north side of the. largest trunk or where convenient when
access was difficult. In total, 835 oak trees (all coast live oaks) over 3 -inch
diameter at breast height (DBI-) were mapped on the site.
(6) In accordance with the Oak Tree Permit Ordinance, those oak trees which are
removed from the site will be replaced, pursuant to specific requirements
identified in the ordinance (e.g., native oak trees of appropriate size at a ratio of
not less than two -to -one). Up[on project implementation, replacement trees will
be placed both on-site in accordance with the landscaping plan and off-site in
• accordance with a replacement plan acceptable to both the project applicants and
the City.
(7) The loss of mature oak trees associated'with this particular site cannot be replaced
or compensated for solely by increasing, the number of replacement oak trees
which lack maturity, uniqueness and historic significance. Consequently, the
7
replacement ratio for those oak treei which will be removed as part of this project
may not be as relevant as other mitigation alternatives.. Similarly, mitigating the
loss of existing oak trees by .planting larger replacement oak trees (i.e., of a size
greater that than required by the Oak Tree Permit Ordinance) will not offset the
potential biological effects associated with the loss. of these trees.
(8) It is infeasible to completely avoid" this significant effect, due to the economic
social and other considerations described in Section 5.0 (Statement of Overriding
Considerations), incorporated by reference herein.
2.3.2 Significant Effect_
In -response to the recent actions by the United States Department of the Interior, Fish
and Wildlife Service, as reported in 50 CFR Part 17 (march 30, -1993), the coastal
California gnatcatcher (Polioptila californica) has been designated a federal "threatened"
species pursuant to the federal Endangered Species Act of 1973, as amended (ESA).
Although no coastal California gnatcatchers have been identified on-site, in accordance
with the established survey protocol for that species, the preferential habitat for that
species has been identified within the project boundaries (i.e., sage scrub). Since project
development will result in the removal of a majority of that sage scrub vegetatiJe
community now evident on-site, the incremental regional reduction of this planned
community has been determined by the City to constitute a significant effect on the
environment.
Findings
The planning Commission thereby recommends that the City Council make findings (1),
(2) and (3).
Facts in Support of Findines.
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set- forth in Section 5.0 (Statement of Overriding Considerations),
incorporated -by reference herein.
(1) Pursuant to Appendix VGB (Significant Effects) of the .State Guidelines, codified
in Section 15000 et seq of the California Code of Regulations (CCR), a project
will normally have a significant effect on the environment if it will 'substantially
affect a rare or endangered species of animal or plant or the habitat of the
species". Sections 15380(b)(2)(b) and 15380(c)(2) of the CCR defines "rare or
endangered species" to include "threatened" species. -
(2) Sage scrub communities are not presently afforded legal protection under local,
State or federal statute. As a result, -no mitigation measures or preservation
strategies have been identified in the EIR.
P
(3) Based upon current scientific studies. conducted on the project site, the coastal
California gnatcatcher has not been identified as a current inhabitant of the project
site. Reduction in the acreage of on-site sage scrub habitat will, therefore, not
directly impact that listed species.
(4) The Department of the Interior has proposed a Section 4(d) Special Rule to define
the conditions associated with certain land use activities under which "incidental
take" of this listed species would not be a violation of the ESA. The proposed
Section 4(d) Special Rule provides for the proactive conservation of sage scrub
habitat to protect the gnatcatcher, as well as other sensitive or listed species which
utilize.that vegetative community for all or a potion of their habitat requirements.
The existing Natural Communities Conservation Plan (NCCP) program, enacted
in Assembly Bill 2172 and designed to provide an alternative to listing of
individual species under the ESA, may become the mechanism for establishing
a multi -species conservation program and allowing "incidental take" of the
gnatcatcher as well as other species which could be listed in the future.
(5) The Scientific Review Panel (SRP) of the NCCP program has. concluded that
large-scale loss and fragmentation of sage scrub habitat is primarily responsible
for the. gnateatcher's decline.
r
(6) It is.infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations) incorporated by reference herein.
2.3.3 Significant Effect.
Project implementation will result in the removal of a majority of existing on-site
vegetation, with a concomitant impact upon those animal species which presently utilize
the project site for all or a portion of their, habitat needs.
Findings.
The Planning Commission thereby recommends that the City Council make findings 0
and (3) .
Facts in Sum= of Findings.
The following. facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measurei contained in Section 4.4.3 in the Draft ESR, as augmented
by the -Response to Comments document, are hereby incorporated by reference.
(2) The City's Master Environmental Assessment (City of Diamond Bar, July 14,
1992) identifies all or a portion of the project site as a "site of local concern",
indicating that the site contains biological resources of potential local significance.
No preservation strategy .or mitigation measures are, however, provided or
recommended in that assessment or found elsewhere in other local public policy
documents.
(3) It is infeasible to completely avoid this significant effect, due to the economic,
social and other considerations more thoroughly described in Section 5.0
(Statement of Overriding Considerations.
2.4 AESTHETICS
2.4.1 Significant Effect.
Project development will physically alter the project site and change its existing visual
character from a natural open space area to a property more characteristic of other
residential and no -residential development 'within ' the City. Grading and associated
development activities, will result in the removal of existing native and non-native
vegetation and result in the introduction of more ornamental landscape improvement's;
existing landform features, including prominent canyon and ridgeline areas, will be
significantly altered to accommodate proposed development activities._ Based upon both
the size of the project and the extent of proposed grading activities, the City has the size
of the project and the extent of propdsed grading activities, the City has determined that
this physical change constitutes a significant effect upon the environment.
Findings
The Planning Commission thereby recommends that the City Council make findings (1)
and (3).
Facts in Support of Findings.
The following facts or mitigation measures indicate that although the identified impact
has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below
a level of significance. The remaining unavoidable effect is acceptable when balanced
against the facts set forth in Section 5.0 (Statement of Overriding Considerations),
incorporated by reference herein.
(1) Mitigation measures contained in Section 4.10.3 in the Draft EIR are hereby
incorporated by reference.
(2) The proposed South Pointe Master Plan contains numerous hillside development
and landscape standards which will further minimize the potential aesthetic
impacts associated with the removal of existing vegetation and natural slope areas.
(3) The preservation of open space areas and the dedication. and improvement of a
10
public park within the project boundaries will result in the retention of natural
elements on-site and provide visual relief and contrast to those urbanized areas
which will be developed pursuant to the proposed development plan.
(4) It is infeasible to completely avoid this significant effect. -due to the economic,
social and other considerations- more thoroughly described in Section 5.0
(Statement of Overriding Considerations), incorporated by reference herein.
11
-
3.0 POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT SIGNTFI ANT OR
WHICFI CAN BE MITIGATED BELOW A
LEVEL OF SIGNIFICANCE.
The Planning Commission has determined that the following potential environmental
effects will not be significant, for the reasons stated below.
3.1 Land Use
3.1.1 Potential Effect.
Project approval, which includes the adoption of a master plan will result in the
subsequent development of the project area to accommodate single-family residential
units, commercial/office use, a neighborhood park serving the western area of the
community and associated street improvements. These ' actions will result in both the
physical alteration of the project site and the introduction of new residential, recreational
and commercial/professional land uses upon the subject property. In addition, project
implementation will facilitate the effectuation of the facility plan for -the South Pointe
Middle School
Findings.
The Planning Commission hereby makes finding (1).
Facts in Support of FindingL .
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.1.3 are hereby incorporated by
reference.
(2) Residential uses are proposed in the northeast (i.e., Tentative Tract No. 32400)
and westerly (i,e., Vesting Tentative Tract No. 51407) portions of the site.
These uses adjoin existing residential development and/or residentially designated
areas and are proposed at densities compatible with those existing uses.
(3) The proposed park site and residual open space area represents a compatible (and
complementary) land use to both the proposed residential development and
existing school facility.
(4) Wildland fire hazards (associated with those open space areas currently on site)
will be minimized or eliminated through the reduction in fuel loading, improved
access and extension of, water system ,(fire flow) improvements on-site; thereby
improving health and safety conditions affecting both adjoining areas and future
on-site uses.
12
(5) Adoption of the South Point Master Plan, either as proposed or as subsequently
revised by the City, will result in the avoidance of any potential inconsistencies
between the proposed project and the land use policies of the City as reflected in
the City of Diamond Bar proposed General Plan and Zoning Ordinance.
(6) The Master environmental Assessment includes policy statements supporting the
preservation of Sandstone Canyon, neither the City of Diamond Bar proposed
General Plan nor Zoning Ordinance contain land use plans or mechanisms to
promote the open space preservation *of Sandstone Canyon. As a result,
development of the subject property to support an urban land use would be
consistent with existing public policies.
(7 As mitigation for the loss of open space area, the project applicant(s) shall be
required to dedicate and develop a 28 ± acre site within the project boundaries
for active and/or passive recreational pursuits. In recognition of established
deficiencies in available recreational opportunities throughout the community, the
expansion of active recreational uses (e.g., ball fields) within the project area will
address identified park demands to a greater extent than can be provided through
the site's retention as an open space (passive recreational) resource. _
(8) The proposed development plan will locate future commercial/office uses in close
proximity ' to those residential uses which will be developed on-site, the
construction of a noise barrier (as proposed), the incorporation of landscape
treatment along the perimeter of the commercial site and the screening of light
sources emanating from that non-residential use will mitigate potential land use
conflicts to a level which is not significant.
3.2 Earth (Soils. Geology. Seismicity)
3.2.1 Potential Effect. .
Implementation of -the proposed development will require landform alterations affecting
most of the project area and includes a portion of the existing South Pointe Middle
School site.
Findings.
The Planning Commission hereby makes finding (1).
The following facts or mitigation measures indicate that this potential impact is not
significant, or will 'be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.2.3 are hereby incorporated by
reference.
13
(2) There are a number of existing geologic constraints which presently affect both :
the project site and adjoining residential areas. Implementation of the proposed
project will result in the elimination of these existing unstable landform
-conditions, thereby minimizing threats to geological hazards for both existing and
future City residents. and employees.
(3) project development will not impose unique seismic hazards other than as
typically associated with the seismically active Southern California area.
Development activities conducted in accordance with project -specific geotechnical
recommendations contained in the -project geotechnical reports, sound engineering
practices and those development standards (e.g.., Uniform Building Code
requirement) in force at the time that those activities occur; will reduce potential
geologic, geotechnical and seismic impacts to a level which is not significant.
3.3 Water (Hydrology).
3.3.1 Potential Effect.
project implementation will result in a change to existing drainage patterns, increase the
quantity of clear flow and decrease the quantity of bulk flow through the introduction of
impervious surfaces (preventing or minimizing infiltration) and potentially decrease the
quality of existing surface waters through the introduction and conveyance of particulates
and other pollutants (e.g., oil) which may be deposited on project area roadways.
Surface flows, which presently follow natural drainage -patterns influenced by site
topography, will be redirected along project area streets and through on-site drainage
conduits.
Findings.
The Planning Commission hereby makes finding (1).
Facts in Support of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.3.3 are hereby incorporated by
reference.
(2) Although conveyance pathways will change as a result of grading activities and
storm drain improvements, grading activities and project improvements will not
result in a major reorientation of the direction of surface flows or changes in the
existing points of off-site discharge.
(3) The project's proposed drainage plan is designed to accommodate both existing
and projected flow characteristics and to safely convey storm flows.
14
3.4 Noise.
3.4.1 pote tial Effect.
Short-term noise, as it relates to land development and land use, is caused by
construction activities. The construction phase is primarily comprised of two major
activities: site preparation (which includes -all earthwork) and building construction. It
is estimated that locations at distances of 100, 200 and 500 feet from the boundary of the
project site may receive very sporadic maximum noise levels of 84, 78 and 70 dBA,
respectively. Furthermore, assuming that ' the exterior shell of existing residential
dwellings provide a noise reduction of 24 decibels (with windows closed), interior noise
levels -of 60, 54 and 64 dBA, respectively, may be assumed in the residential interiors
located at'comparable distances from grading activities. Long-term* noise impacts are
generally associated with both increases in motor vehicle traffic and operational
characteristics (e.g. equipment sources) associated with a particular land use. As
identified in the traffic analysis herein, development of the project will increase the
traffic volumes within the project vicinity. However, in recognition of the proposed land
uses (i.e., residential, commercial) no unique operational characteristics have been
identified which constitute a significant noise source. The project site is adjacent to the
SR -57 freeway which could generate noise levels incompatible with future residentil
land uses.
Findings.
The Planning Commission hereby makes finding (1).
Facts in Support of Findines.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.7.3 are hereby incorporated by
reference.
(2) To minimize noise levels in the vicinity of the Orange (SR -57) Freeway,
additional noise attenuation will be required for those residential receptors located
in proximity to that noise source. The project includes construction of a noise
w211/berm which will mitigate noise from the 57 freeway to acceptable levels.
15
(3) Although changes on on-site noise levels will be perceptible at a majority of noise
receptor locations analyzed, future noise levels at those locations will continue to
fall below the levels established under the City's noise guidelines.
3.5 Public Services and Facilities.
3.5.1. Potential Effect.
Increased population (resulting from the project) will result in an increase in service
demands, traffic and emergency calls and associated law .enforcement activity both
internal and external to the project boundaries. The project site is presently designated
as a wildland * fire hazard area. Site clearance, grading and subsequent development
activities will potentially. reduce the existing fire hazards in this area. Since there are
currently no sewer lines within the project area, project implementation will require the
extension of existing services onto the site and the development of new sanitary sewer
facilities throughout the project area.; Wastewater generated from both residential and
non-residential uses will be transported by local sewers to facilities operated by the
County Sanitation Districts. Wastewater generated by the project will be discharged into
local sewer lines and conveyed to the Diamond Bar Trunk Sewer. As a result of project
development, including both the removal of vegetation during 'the grading phase, thh
generation of building wastes during construction operations and the creation of
residential/commercial and "green wastes" resulting from the use and habitation of the
project site, additional solid wastes will be generated from on-site activities which will
require subsequent disposal in an approved sanitary landfill. Development of the project
will result in the introduction of additional residents to the City of Diamond Bar. Those
residents will impose additional demands on local and regional parks and recreational
areas. This demand will further exacerbate an identified shortfall of recreational
amenities within the City boundaries. As a result of the introduction of additional
residential dwellings, the project will directly result in an increase in the number of
students within the Walnut Valley Unified School District.,
Findings.
um
The Planning Commission hereby makes finding (1) and (2).
Facts in Supgrt of Findings.
The following facts or mitigation measures indicate that this potential impact is not
significant, or will be mitigated below a level of signifidance.
(1) Mitigation Measures contained in Sections 4.8.1.3, 4.8.2.3, 4.8.3.3, 4.8.4.3,
4.8.5.31 4.8.6.3 are hereby incorporated by reference.
(2) Although project implementation will introduce both additional residential and
commercial/office uses to the project area, both the Los Angeles County Sheriff s
Department and California Highway Patrol have indicated that project
implementation will not adversely impact either existing facilities or future service
16
demands upon those agencies. As a result, project development will not
significantly impact police protection services within the Diamond Bar area.
(3) project implementation will reduce, in part, identified wildland fire hazards
identified in tlie project area. Additionally, improvements to the area's roadway
network will improve emergency vehicle access ' to the project site and
surrounding areas. As a result, project implementation will beneficially impact
the ability of the Los Angeles County Fire Department to provide fire protection
and paramedic services to the project area.
(4) Based on current available capacity of the San Jose Creek Water Reclamation
Plan (WRP) and Joint Water Pollution Control Plant (JWPCP) including planned
expansion, projected project -related and cumulative impacts upon county
wastewater facilities is not anticipated.
(5) Although a regional landfill capacity deficiency has been identified, County solid
waste planners are actively pursuing the identification and entitlement of new
facilities. Similarly, under AB 939 source reduction and recycling strategies have
been adopted by the City of Diamond Bar to divert solid wastes which would
otherwise be disposed of at local sanitary landfills. 1.
(6) - Development of the project will provide additional recreational opportunities
within the City. Since proposed park dedication acreage is greater than that
identified by existing and proposed dedication requirements, project development
will produce a potential beneficial impact upon community -wide recreational
resources.
(7) Although project development will increase the number of students attending
areawide schools and further exacerbate existing demands placed upon affected
school facilities, project development will facilitate expansion plans proposed at
the South Pointe Middle School through the elimination of existing physical
constraints to that expansion. Similarly, proposed street improvements will
improve vehicular access to that facility. Since proposed expansion will result in
an increase in school capacity and since project -related contributions to school
populations will not result in an exceedance of that capacity, areawide school
impacts will not be significant.
• fir. : _••• .• •••_�
3.6.1 Potential Effect.
Since a reasonably thorough investigation has failed to reveal the presence of any
potentially significant cultural resources within the study area, project implementation
will not result in a significant impact upon either prehistoric or historic resources. The
subject area contains paleontological resources from Miocene sedimentary units. The
rock units exposed on the site are considered to -be of high paleontologic sensitivity and
are known to contain fossils adjacent to the proposed development area.
17
indin
The Planning Commission hereby makes finding (1).
Facts in Support of Findings,
The following facts or mitigation measures indicate that this potential impact -is not
significant, or will be mitigated below a level of significance.
(1) Mitigation Measures contained in Section 4.9.3 are hereby incorporated by
reference.
(2) Since a reasonably thorough investigation has failed to reveal the presence of any
potentially significant cultural resources. within the study area, project
implementation will not result.in a significant impact upon either prehistoric of
historic resources. 04
(3) The site can be developed and still protect the paleontological resources of the
area if adequately mitigated. Implementation of appropriate mitigation measures
as included in Section 4.9.3 will reduce project -related impacts to a level which
is not significant. -
3.7 Effects Found Not to be Significant.
Based upon the findings of the Initial Study, a number of topical. environmental issues
were determined either to be: (1) inapplicable to the proposed project based upon either
the nature of the project or the absence of any potential impact upon that topical issue;
or (2) impacted to a degree deemed by the City to be not significantly and, therefore, not
warranting fuither consideration in this environmental analysis. Environmental impacts
considered initially not to be significant are listed below.
• Qroundwater Resources. Although giading activities will be required to facilitate
site development, excavation activities associated with those grading operations
are not projected to occur at depths sufficient to intercept or disrupt existing
groundwater resources in the project area. Similarly, as a result of both the
nature of proposed land uses (i.e., residential, commercial) and applicable permit
requirements (e.g.-, NPDES permit), surface water dischargers to regional storm
drain conduits will not contain contaminants to a degree sufficient to adversely
affect existing water quality in both surface and subsurface water bodies.
• Natural Resourdes. project implementation will not significantly increase the
consumption of any renewable or non-renewable natural resource, significantly
increase the localized demands for that.resource(s) or adversely affect either the
. - distribution of recovery of any resource.
• Risk of Upset, project implementation will not result in the imposition of
significant risks to public health and safety, adversely affect emergency plans or
planning activities or result in the introduction of hazardous or volatile materials.
• Light and Glare. Although project implementation will result in the introduction
of new sources of light and glare onto the project site-(e.g., street lighting,
building illumination, vehicular traffic), no sources of light or glue other than
traditionally associated with residential and commercial development (and typical
of other like projects in the Southern California area) will be introduced onto the
project site.
0 Utilities. Based upon consultation with individual service providers, the ready
availability of service systems and the projected growth parameters of those utility
purveyors, adequate electrical service (Southern California Edison), natural gas
service (Southern California Gas Company) and telephone service (General
Telephone) exists within the project area.
. 3.8 Growth Inducing Im aR cts.
CEQA requirements for the analysis of growth impacts differ significantly from
requirements for the analysis of environmental effects. Growth is not to be treated 2s
an adverse environmental effect. The CEQA Guidelines specifically provide that "(it
must not be assumed that growth in any area is necessarily beneficial, detrimental, or of
little significance to the environment." (CEQA Guidelines. 15126, sub(g).) In the
context of CEQA's treatment of effects on growth, the Planning Commission finds that
the project will not affect growth. The majority of future residents are anticipated to be
drawn -from other area within Los Angeles and Orange Counties. In recognition of the
cost of housing within the Southern California area, the majority of prospective home
purchasers are assumed to be already employed within the region and the selection of the
project site (as a site for residency) will be based upon both the value of the resulting
housing product and perceptions concerning acceptable commuting distances from that
place(s) of employment. Similarly, the construction techniques required for project
development are in common practice throughout.the construction industry. An adequate
labor force for each of the construction- trades presently, exists within the region. As
such, regional in -migration based upon the project's residential component is expected
to be minimal. Although new employment opportunities will directly result from the
introduction of commercial/office use on-site and a limited number of additional jobs may
indirectly result from both the construction of the project and the service requirements
imposed by new project area residents, the size of the existing labor pool located in
reasonable proximity to those employment opportunities suggests that any in -migration
required to fill those jobs would be limited. Based upon the employment generation
assumptions presented in the DEIR, the project is anticipated to generate an estimated
464 new job opportunities within the subregion.' As a result of those projections, the
job/housing ratio associated with the proposed project is 2.32 (i.e., 464 jobs/200 units).
This figure exceeds the adopted regional goal -and will facilitate. subregional objectives
to encourage job growth. projects which support regional growth objectives (e.g.,
R job/housing balance goals) are consistent with the GMP. Based upon that consistency,
the project should not be perceived as growth -inducing. The eXtension of streets and
19
other infrastructure improvements into the site will not contribute to growth beyond the
project boundaries. The construction of local and collector streets and associated
infrastructure improvements are undertaken in response to development pressures rather
than contribute to them. Proposed General Plan policies and regional infrastructure
improvements have a greater likelihood of influencing growth. The project - will not
produce localized demands for goods or services which are not presently provided within
the region, result in the removal or elimination of existing barriers to project area
development or encourage additional development peripheral to the project site. Based
upon the absence of these factors, project implementation will not produce growth -
inducing impacts.
4.0 FINDINGS REGARDING ALTERNATIVES.
This section presents findings regarding alternatives to the project. The section provides
a summary and discussion of the feasibility of the five base alternatives for the South
Pointe Master Plan, concept plan altematives and design alternatives for Tentative Tract
51253. The five base alternatives include: no project alternative, development under
proposed General Plan and zoning, reduced project size, and cluster development.
4.1 Feasibility and Comparative Environmental
Effects of Alternatives.
4.1.1 No project Alternative (Open Space Preservation)
The Master Environmental Assessment contains a number of policies supporting the
preservation of existing open space resources within the City for both their aesthetic and
biological value. In reference to those policies, "Sandstone Canyon" (which includes a
portion of the project site) is identified as an ' area of potential preservation. In
conformance with those policies the "no project" (i.e., no development) alternative
assumes that the project site would be retained as a community open space resource.
The no project alternative would avoid most, if not all, of the adverse impacts associated
wiih* development of the project. Nonetheless, this alternative has been rejected because
it does not meet the project objectives and is not consistent with the City's proposed
General Plan for specific economic, social and other considerations.
Under this alternative, development rights to the project would be conveyed (through
either public acquisition or implementation of a transfer of development rights).
Without public intervention -and in recognition of existing market forces, there is little
likelihood that the site would be retained in its existing condition. The proximity of
adjoining residential and commercial land uses, the ready availability of existing
infrastructure improvements and the land use policies contained in both the city of
Diamond Bar proposed General Plan and Zoning Ordinance all positively influence the
site's subsequent urbanization. Based upon these factors, the "no project" option should
not be considered a feasible alternative without public and/or private participation.
4.1.2 General Plan Authority Alternative
20
The project site includes a number of proposed General Plan designations, including
Planned Development (Low Density Residential), Planned Development (Low -Density
Residential, Park, Open Space, General Commercial), School, Park and Water (Facility).
In accordance with those designations and corresponding public policies, allowable land
uses and densities for the subject, property were defined.
Development of the project site in accordance with the land use policies presented in the
proposed General Plan would authorize the intensification of the project area to"a greater
extent than that proposed under the South Pointe Master Plan. In general this alternative
would create greater impacts in each environmental category than the project alternative.
4.1.3 Alternative Site Plan - Cluster Development
Under this alternative, development is restricted to those areas of the site which would
produce the least impact to Sandstone Canyon. Development would occur only along
Brea Canyon Road (in the vicinity of the Walnut Valley Water District site) and in the
western area of the site. Under the cluster development concept Enclave 1 consists of
5,000 square foot postage stamp lots, Enclave 3 contains attached townhomes (14-20
dwelling units per acre) with extensive use of retaining walls and Enclave 4.consists of
2.5 acres of commercial land uses.
Preservation of Sandstone Canyon through this land use concept introduces high density
residential development patterns which are not consistent with the character of existing
neighborhoods and reduces the commercial development potential of land with freeway
visibility to a minimum, thereby not fulfilling City objectives associated with increasing
employment opportunities and the sales tax revenue base. This alternative would reduce
impacts to biological resources, however, impacts with regard to land use (compatibility
with adjacent development) and aesthetics (use of extensive retaining walls) would be
greater. In addition, this alternative would not support objectives of the proposed
General Plan related to developing an economically solvent community and capturing
freeway oriented business opportunities, therefore this alternative has been rejected.
4.1.4 Maximum Development Alternative
Under this alternative the project site is further intensified through. both the introduction
of additional single-family detached dwelling units and by further expanding the acreage
allocated for commercial/office uses. A total of 220 residential units and an estimated
302,960 square feet of non-residential use would be developed under this option. This
alternative would result. in greater impacts than the project alternative.
4.1.5 Tentative Tract No. 51253 Alternatives.
A separate tentative tract map (i.e., Tentative Tract No. 51253) has been filed on the
6.87± acre property located in the northwestern corner of the project site. Development
alternatives for this site were analyzed in the EIR. These alternatives did not
substantially alter the impact assessment.
21
4.1.6 Summary of EIR Alternatives Compared to project Alternative
In selecting between project alternatives, there is not a single solution which minimizes
environmental impacts and maximizes public benefits for each of the topical issues
addressed under this environmental analysis. For example, while the "no project"
(preservation) alternative minimizes or avoids many of the adverse environmental effects,
that altemative requires the development of alternative solutions to remove and dispose
of the surplus soil presently stockpiled on the South Pointe Middle School site, reduces
job opportunities as encouraged under the Growth Management Plan'(SCAG, February
1989) and may inhibit the City's goal to expand active recreational opportunities
throughout the community. In addition, the "no project" alternative is inconsistent with
the proposed General Plan Land Use Map and would require the adoption of a proposed
General Plan amendment identifying the site as permanent open space. -
In relation to density reduction alternatives, according to Section 15092 of the State
CEQA Guidelines, alternatives which provide a reduction in project density should only
be considered if there does not exist another mitigation measure or measures which will
provide a comparable level of mitigation. Referencing those guidelines, "with respect
to the project which includes housing development, the public agency shall not reducg
.the proposed number of housing units as a mitigation measure if it determines that there
is another feasible specific mitigation measure available that will provide a comparable
level of mitigation." The mitigation measures provided in the DEIR provide a
comparable level of mitigation for the project alternative.
4.1.7 Concept Plan Alternatives - The concept plan alternatives would result in impacts similar
to those identified for the project alternative.
Concept Plan No. 1
Concept Plan No. 1 includes the development of roadway linkages between Larkstone
Drive and Brea Canyon Road and Morning Sun Avenue and Brea Canyon Road as
proposed in the. South Pointe Master Plan. Access between Enclaves 3 and 4 is provided
by a stubbed street. Under this concept plan; a conceptual park plan is provided. That
park includes two baseball diamonds and a football field, two independent parking areas
and other minor improvements are located southerly of the proposed collector road.
Concept Plan No. 2
The linkage between Larkstone Drive and the proposed internal roadway connecting
Morning Sun Avenue and Brea Canyon Road was modified to accommodate only
emergency access. A turnout (illustrated by a loop road) is provided from the proposed
collector road to facilitate drop-off and/or pick-up of students attending the South Pointe
Middle School.
The commercial site plan is modified to reflect two primary points of ingress and egress
(including additional emergency access from Tentative Tract No. 32400), allowing
vehicular access from both Brea Canyon Road and the proposed internal collector road.
IN
Commercial uses are situated within the quadrants formed by that access with additional
circulation provided by a peripheral driveway.
Concept Plan No. 3
Under this concept plan, no direct vehicular linkage is provided between Larkstone Drive
and Brea Canyon Road (although access continues to exist between Morning Sun Avenue
and Brea Canyon Road). Vehicular access to the school site is, however, provided from
Brea Canyon Road by way of a local collector street. That collector provides access to
a cul-de-sac adjoining South Pointe Middle School, offering' ingress -egress to on-site
parking and drop-off/pick-up opportunities for school-age children. The cul-de-sac
further services a single centralized parking area for the proposed park site.
In order to create a large area for organized recreational activities, the alignment for the
collector street is re -oriented in a southerly' direction. In relocating that roadway, a
larger playing field can be provided 6.e., three baseball diamonds, soccer field) and an
outdoor amphitheater included as a potential on-site amenity. In addition, Collector "A"
provides ample on -street parking opportunities for park users.
Under this concept access between commercial land uses (Enclave 4) and park lands is
enhanced. In addition, Enclaves 4 and S (commercial and open space) are visually and
physically linked Through reduction in grade differential.
Concept Plan 3 provides increased pedestrian safety by providing improved access
between commercial structures and supporting vehicular parking areas.
Concept Plan No. 4
Under this concept plan, the internal collector road (i.d., Street "A") connecting Morning
Sun Avenue and Brea Canyon Road has been realigned in a northerly direction to
position the eastern segment of that roadway between Enclave No. 3 (i.e., Tentative
Tract No. 34200) and Enclave No. 4 (i.e., commercial/office use). This layout may
increase traffic noise due to street grade, for Enclave 3 residences which back-up to
Collector "A". This design concept increases both the physical separation between those
residential and non-residential uses and increases the park acreage potentially usable for
active and/or passive recreational pursuits. By limiting street frontage in the vicinity of
the proposed park site, vehicular access opportunities to that future park area may,
however, be reduced. In addition, this street layout tends to isolate the parklopen space
acreage as opposed to making the parkland the center of the South Pointe community.
4'. 1.8 School Site Alternatives
Implementation of the proposed development will require landform alterations affecting
most of the project area and including a portion of the existing South Pointe Middle
School site.
Fill materials for Enclave 3 will be derived in part from the existing school site which
23
adjoins the project. In recognition of this proposed off-site grading, the area
encompassing the South Pointe Middle School (i.e.., approximately 32 ± acres) has been
included in the "total master plan area."
This component of the proposed grading plan was previously -addressed in the Final
Environmental Impact Report for the Walnut Valley Unified School District School Site.
In describing the proposed school site project, the referenced environmental document
indicated that the school project "consists of a 30.64 acre school site which will involve
997,000 cubic yards of grading, and adjacent TT (Tentative Tract No.) 32400 and .
800,000 cubic yards of grading. The dirt from the hills of the school site will be pushed
west into the valley which lies in between the school site and the tract." That
environmental assessment further states:
"The (South Pointe Middle School) project will be constructed by typical hillside grading
operations (i.e., the excavation of hilltops and filling in of depressions in areas proposed
for development). (In this case, however, the grading-pattern is more dramatic, because-
of
ecauseof the steep hills and deep valleys.) The alteration of this particular landform will
involve a total of 1.8 million cubic yards of grading for the entire project area (school
site plus Tentative Tract No. 32400 tract). This entails 991,000 cubic yards for -tbe
school, and about 800,000 cubic yards for the tract. The maximum depth of fill is
estimated at 100 feet."
"The easterly adjacent fill disposal site will receive excess soil materials derived from
the school site grading. Compacted fill materials derived from the school site grading
(sic). Compacted fill materials will be placed within the major north to south trending
natural drainage course in thickness varying up to 60± feet. A 2:1 fill slope is also
proposed at the southerly end of the canyon to a height of up to 80± feet. Grading is
not planned at the present time in peripheral areas located beyond the canyon. Tentative
Tract (No.) 32400 is ultimately proposed within the fill disposal area."
No project (South pointe Middle School)
If a "no project" alternative is selected for the site then an alternative plan-would be
required to dispose of -the surplus (stockpiled) soil presently on the South Pointe Middle
School site. As proposed, as part of the project, the stockpiled soil will be used within
the project boundaries. Under a "no project" alternative the surplus soil would require
off-site exportation to an approved depository. In addition, depositing the soil at an
alternative site could require an addendum or supplement to the South Pointe Middle
Schobl FEIR prepared by the Walnut Valley Unified School District. The additional time
to prepare the revised EIR (six months) and cost would be borne by the School District.
The need for additional environmental analysis under a "no project" alternative is based
on a substantial increase in construction related environmental impacts associated with
removal of the stockpiled dirt..
If the stockpiled dirt were disposed of at a ianitary landfill it would impact landfill
capacity. In addition, the transportation of the soil to the landfill or alternative
24
development site would require 20,000 truck trips (average disposal truck can hold 20
cubic yards). If disposal occurred over a one year period and you. consider that
construction activity occurs only during *weekdays, then one could anticipate
approximately 150 truck trips to occur each day for a year. These trucks would emit
noise and air pollutants traveling back and forth from the disposal site. If the trucks used
local residential streets then adjacent residential neighborhoods would be impacted. If
a haul road was created through the project site there would be an increase in PM10
emissions. .
25
5.0 STATEMENT OF OVERRIDING CONSIDERATIONS.
The South Pointe Master Plan EIR indicates that if the South Pointe Master Plan is
implemented, certain significant effects may be unavoidable. However, if the benefits
of a proposed project outweigh the unavoidable adverse environmental effects, the
adverse environmental effects may be considered "acceptable." The Planning
Commission . finds the unavoidable significant effects described in Section 2.0 are
acceptable and alternatives with less significant environmental impacts are not preferable
as described in Section 4.0, due to the following overriding. considerations..
5.1 The project will result in the provision of substantial amenities to the City. The
following is a list of amenities that will be provided to the City as a result of the project:
A. The project includes the dedication of 28+ acres of neighborhood parkland. The
park land dedication exceeds the park dedication ratios established by the City and
therefore helps off -set the City's current parkland per resident ratio shortfall.
B. In addition to the 28+ acre park dedication, the project includes several open
space additions. Two adjacent and permanent open space area in the cast and
west of the pioject will be maintained by the Homeowners Association. The total
of the open space areas will provide for the protection of natural resource values.
South Pointe Middle School consists of 32 acres, of which half will be devoted
to active open space uses. Total Park/Open Space acreage within the South
Pointe Master Plan will approximate 91 acres.
C. Transfer of an undeveloped parcel of land of approximately. 2.87 acres (i.e.,
Larkstone Park) from the City of Diamond Bar to the Walnut Valley Unified
School District for inclusion within South Pointe Middle School.
D. Expansion of the South Pointe Middle School and the implementation of that
facility plan through the finalization of both land acquisition and the grading plan
for that site.
E. Improvement of the localized circulation patterns by enhancing access
opportunities to South Pointe Middle School. By improving access to both school
users and emergency vehicles, public health and safety considerations and
emergency response planning will be enhanced.
F. Reduction of existing wildland fire hazards now evident on-site.
5.2 The project will result in the provision of substantial land use benefits to the City. The
following is a list of land use benefits that will result from development of the project:
26
A. The comprehensive planning associated with the project will ensure that the site
is developed in harmony with the City's image as a well planned and aesthetically
pleasing environment. The project will consist of single family land uses which
are compatible with the project's residential neighborhood setting and a
commercial land use component which takes advantage of the site's proximity and
visibility from the orange (SR -57) Freeway.
B. Although development of the project will result in the disturbance of the
ecological areas located on the site, the developer will be required to restore,
enhance and preserve the.undeveloped areas of the site and will be required to
replace oak trees at a two -to -one ratio and replace wetland values through the
obtainment of a 404 permit and 1601 agreement.
C. Expansion of existing housing opportunities in fulfillment of the development
objectives of the City of Diamond Bar proposed General Plan.
D. Expansion of employment opportunities in furtherance of the regional job/housing
balance objectives identified in the Southern California Association of
Governments (SCAG) Growth Management Plan.
E. 'Maintenance of the integrity of residential neighborhoods by minimizing ng through
traffic through existing residential neighborhoods.
F. Designation of adequate lands for retail and service, commercial, professional
services and other employment generating uses in sufficient quantity to meet the
City's needs.
G. Provision of joint development of schoollpark sites.
H. Provision of a mixture of complementary development types (e.g., residential,
recreational, sales tax and employment -generating uses) in an integrated manner.
I.
'Provision of hillside development which is consistent with the City's hillside
management ordinance and compliments existing adjacent residential character.
5.3 The project will result in substantial financial benefits to the City. The following is a
list of financial benefits that will result from development of this project:
A. • Creation of an economically viable site plan, allowing for the development of
public recreational facilities and conveyance of other community benefits to the
City. Project implementation will further community-based public facility
objective, expand the inventory of public lands and augment the City's asset
management program.
B. Creation of a number of commercial parcels totaling approximately 31 acres.
upon recordation of the final maps, a pottion of the commercial acreage will be
conveyed to the City of Diamond Bar for its subsequent use or disposition.
27
C. The development of the commercial parcels will bring sales tax revenues to the
City. In addition, the construction of the development will increase property tax
revenues to the City and other taxing entities.
Carol Herrera
Mayor
Wen Chang
Mayor Pro Tera
Eileen R. Ansari
Council Member
Robert S. Huff
Council Member
Deborah H. O'Connor
Council Member
pftwjed
February 25, 1998
Amrut Patel
Sasak Corporation
P.O. Box 1153
Upland, CA 91785
Lity of uiamona liar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860.2489 • Fax (909) 861-3117
jMfine(,- htWjAy*W.Cj.diWmo bar.C&.Vg - City Onfrnc !SSS;: (909) $60-5363
SUBJECT: Tentative Tract Map No. 51253
Dear Mr. Patel:
Pursuant to your request, attached please find a copy of City Council Resolutions
Nos. 95-21 and 95-22. As you are aware, Tentative Tract Map No. 51253 was
approved by the City Council on May 17, 1995. The resolutions were signed by
Mayor Ansari on August 6, 1996. 1n accordance with the regulations contained
within the Subdivision Map Act, the Tentative Tract Map will expire on August 6,
1998 unless extended by action of the City Council.
There are several conditions as outlined in the resolutions which must be satisfied
prior to the approval of the Final Map. The 1995 landslide changed the character
of the site and has created the need to modify certain conditions which were to be
satisfied prior to grading.
Also, please note that all fees and deposits required must be paid prior to any plan
review and subsequent approvals. Please refer to each department for fees due.
Should you have any further questions regarding these matters, please call me at
(909)396-5676.
Sinperely,
J s . Stefano
Deputy City Manan r
enclosure
#Ibs
P -c"& -t
cc: David G. Liu, Deputy Director of Public Works
I C. DABNEY Bic ASSOCIA TES
LAND DEVELOPMENT CONSULTANTS & ENGINEERS
4439 Rhodella Ddve, Clammont, CA. 91711
Phone: 909-398-4430 Fax: 909-398-4433
July 17, 1998
Mr. James DeStefano
Community Development Director
City of Diamond Bar
Diamond Bar, CA
Reference: Tentative Tract No 51253
Amrut Patel
Dear Mr. DeStefano,
20524 Backman Rd SW, Rochester, WA 98579
Phone/Fax: 360-273-2452
.r'
Let me provide you with an update on the Patel Tract:
6
THE SCHOOL DISTRICT: There is in place a mutual agreement between the School
District and Mr. Patel, that among other things, outlines the need for joint cooperation as
follows. Mr. Patel did grant an expansive easement to the District to allow them to construct
the necessary buttresses to mitigate the main slide on the District's property. The District did
grant Mr. Patel an easement for grading and slide mitigation on their property. Both parties
agreed to the transfer of property ownership between each other, the District will allow a
portion of their property to be subdivided as shown on the Tentative Map in exchange for an
improved lot within the tract. This requires that both owners be signatory to the final map.
In addition, the District has the right to review the project grading plan to insure that the
proposed grading does not impact the mitigation work already completed by the District or
limit their development potential.
PATEL IMPROVEMENT PLANS: Clearly the largest hurdle in the improvement plans has
been to balance the earthwork and keep within the constraints of the approved Tentative
Tract. I have been able to do that and the District has reviewed the proposed design and
given it a qualified blessing. The qualified blessing is conditioned on drainage and slide
mitigation. Our hydrologists is currently revisiting the direction of flows to off-site facilities
and should have a handle on this problem in the next couple of weeks. Slide mitigation is
still being addressed by Mr. Patel's geotechnical engineer as it was originally proposed,
however during an on-site review of Morning Sun with the County's representative, we agreed
to redesign and reconstruct the major portion of the frontage as well as the pre-existing
drainage facilities. This requires the over -excavation of the street section below the slip
plane, which daylights within the current paved section, salvaging the westerly curb and gutter
and reconstructing the entire paved section and the easterly curb and gutter within the
County's right-of-way. During this reconstruction effort the damaged storm drain system
within the right-of-way will be replaced, repaired and cleaned to the satisfaction of the Flood
Control District. When the Hydrologist has completed his work the improvement plans will
be submitted to the City of plan check.
(-I IECK: Professionally, 1 would F—r— w "--- z>—;&"& F.o...1. I— a6v F1-- vlavvhin�
,y . My concerns are centered around the complexity of this
acceptable to the City
,,lar project and it's protracted history and I would feel reassured if George Wentz had a
;:ed involvement.
I aT1 VE MAP EXPIRATION: While we will have improvement plans into the City for
heck prior to the expiration on the map, I am officially requesting a one year extension
h. following reasons, landslide mitigation that required attention prior to mapping and the
that the owner has spent a large amount of money on mitigation, engineering and
loon on the project already. There was a substantial delay caused by the mitigation effort
Orth by the School District that required extensive engineering review and design as well
massive earthwork project. The delay caused by the District's landslide mitigation was
oidable and my hat is off to them for their effort and their response, however, the Patel
!ct could not proceed until the District's efforts were complete.
o advise me at your earliest convenience on these matters.
it.-vou.
d ctfully
C'. Dabney RCE
Mr. Amrut Patel
Walnut Valley Unified School District
880 South Lemon Avenue, Walnut, California 91789-2931 • (909) 595-1261 • Fax (909) 839-1214 • Ronald W. Hockwalt, Ed. D., Superintendent
December 3, 1998
Ann Lungu
[Planning Commission
City of Diamond Bar
21660 Copley Drive, Suite 100
Diamond Bar, CA 91765
Dear Ann:
This letter is a follow up to our conversation recently regarding the Patel property
adjacent to the property of the Walnut Valley Unified School District along Morning Sun in
the City of Diamond Bar. Prior to May of 1995, the Board of Trustees of the WVUSD and
the administration had a number of discussions with attorneys for Mr. Patel regarding
his plan to build homes on his property and the necessary easements and adjustments
that would be necessary in conjunction with our property.
Since May of 1995, there has been little or no discussion regarding these issues_ The
Board of Trustees now has two new members who were not part of the prior discussion.
It is my belief that if discussions were to begin again, it would have to start from the very
beginning to involve the entire Board in the appropriate decision-making process.
Most sincerely,
Ronald W. Hockwalt, Ed. D.
Superintendent
cc: Board of Trustees
!
RESOLUTION NO. 95-22
A RESOLUTION OF TSE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING AN ADDENDUM TO TSE FINAL
ENVIRONMEMAL IMPACT REPORT (SCH NO. 92081040) AND
APPROVAL OF HILLSIDE MANAGEMENT CONDITIONAL USE
PERMIT NO. 92-12 AND OAK TREE PERMIT NO. 92-9,
ASSOCIATED WITH THE DEVELOPMENT OF TENTATIVE
TRACT MAP NO. 512539 LOCATED EAST OF MORNING
CANYON ROAD AND NORTH OF PA I NDER ROAD IN
DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT 7131EREOF.
(i) Amrut Patel, SASAK CORP., 858 West 9th Street, Upland, California
(the "Applicant" hereinafter), has heretofore filed an application for
approval of Hillside Management Ordinance Conditional Use Permit for
land form modifications and Oak Tree Permit involving the removal 50
oak trees with replacement both on and off the project site as described m
the title of this Resolution. Hereinafter in this Resolution, the subject
project shall be referred to as the "Application".
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California.. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance, the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21 and 22 of the Los Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications, including the subject Application,
within the City of Diamond Bar.
(iii) The City of Diamond Bar lacks an operative General Plan. Action was
taken on this application, as to consistency to the draft 1995 General Plan,
Pursuant to the teras and provisions of an Office of Planning and
Research extension of time granted pursuant to California Government
Code Section 65361.
(iv) The City Council of the City of Diamond Bar conducted duly noticed
public hearings on the project and its environmental documentation on
September.. 14, September 28, October 3, and November 16, 1993; and
May 2, M9y 9, May 31, June 1, June 3, 1994, June 6, 1994 and
concluded the public hearings on June 13, 1994 on the subject matter of
the Application.
(v) The Conditional Use Permit for the hillside development relieves the
applicant from compliance with the Hillside Management Ordinance
because of topographic constraints and is granted pursuant to this action.
(vi) Granting this application removes all restrictions to development on the
real property within the boundary of Tentative Tract No. 31253. Any real
Property subsequently assembled with the lots created as a part of this
action will retain all restrictions to use that may be in place at that time.
(vii) As identified as a mitigation measure in the EIR (Biological Resources),
Prior to initiation of grading activities, the project applicant(s) shall
implement the Oak Tree Permit standards in accordance with Part 16,
Chapter 22.56 of Title 22 of the Los Angeles County Code.
(viii) On October 26, 1992, January 25, February 8, February 22, February 25,
April 12, April 26 and May 10, 1993, the Planning Commission of the
City of Diamond Bar conducted a duly noticed public hearing on the
subject matter of the Application.
(ix) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
I
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 finds. that the addendum to the Final
Environmental Impact Report (EIR) was presented to the City Council,
and that the City Council reviewed and considered the information
contained therein prior to deciding upon any aspect of the project, and
based thereon, so certifies that addendum to the Final EIR No. SCH
92081040 has been prepared for this project in compliance with the
California Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder and further that the Addendum
reflects the independent judgment of the City of Diamond Bar.
Additionally, the City Council certifies the addendum to the Final EIR is
2
complete and adequate in that it fully addresses all environmental effects
of the project.
The City Council hereby specifically finds and determines, based on. the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project.specified in the
application, which mitigate or avoid significant adverse environmental
impacts identified in the a addendum to the Final EER No. SCH 92081040
except as to those effects which are identified and made the subject of a
Statement of Overriding Considerations which this City Council finds are
clearly outweighed by the economic, social and other benefits of the
proposed project, as more fully set forth in the Statement of Overriding
Considerations.
4. The City Council hereby adopts the Findings of Facts and Statement of
Overriding Considerations and Mitigation Reporting and Monitoring
Program attached hereto as Exhibits "A" and "B" and hereby incorporated
by reference.
5. The applicant shall make payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The Hillside Management Ordinance Conditional Use Permit is required
by Section 18 of the City of Diamond Bar Hillside Management
Ordinance.
7. Based on substantial evidence presented to this Council during the above -
referenced public hearing, including written and oral staff reports, public
testimony and the record of the Application, this Council hereby
specifically finds as follows:
(a) The Application applies to a parcel located in an area generally
described as being situated west of the Grange (SR -57) Freeway
and Brea Canyon Road, east of the corporate boundaries of the
City (Tract 27141) and Morning Sun Avenue, north of Pathfinder
Road and the adjacent existing residential area (Tract 32576) and
south of existing residential and vacant land located southerly of
Golden Springs Drive.
(b) Surrounding properties' zoning and land use designations are:
East: Brea Canyon Road and 57 Freeway;
South: RPD 10,000 6U/vacant;
3
West: R-1-15,000/School
North: R-1-8000/Single Family Residential
(c) The Application is for a Hillside Management Ordinance
Conditional Use Permit and Oak Tree Permit and is compatible
with the objectives, policies and programs specified because the
parcel and - land use proposed by the project are consistent with
statistical analysis and development standards contained within the
South Pointe Master Plan. The Oak Tree Permit involves the
removal of 50 oak trees, 3 inches or more in diameter at a height
of five feet, and the replacement of removed trees at a 2:1 ratio
both on and off the site.
(d) The site is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Los Angeles County Department of Public
Works.
(e) The design of the subdivision and the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
biological resources, oak tree mitigation measures have been
included as project conditions to reduce the impact of oak tree loss
and a Statement of Overriding Considerations has been made on
those unavoidable impacts.
(f) The permitted improvements will not cause serious Public health
problems, since sewage disposal, storm drainage, public services
and geological and soils factors are addressed in. the conditions of
approval for Tentative Tract Map No. 51252 filed concurrently
with this project.
(g) Tentative Tract Map No. 51253 involves the development of 21
single family residential dwelling units. The project provides for
the provision of necessary infrastructure and public services to the
development and for the payment of fees to mitigate development
impacts upon the City and its residents.
4
(h) The land use contained within the project is residential, as
permitted in the zone and complies with all applicable provisions
of the City of Diamond Bat Municipal Code. In addition, the land
uses, subdivision design and subsequent grading are compatible
with the surrounding built environment but inconsistent with the
goals and policies of the Hillside Management Ordinance.
W. The proposed development and grading pian will not impair the
integrity and character of the zone in which they are to be located
because the development proposal includes similar standards to
those existing in adjacent neighborhoods.
0) The City of Diamond Bar ("City") accepted and subsequently
Processed an application for numerous land use entitlements upon
an approximately 171 acre property within the City, comprised of
multiple real property ownership interests, including Arciero and
Sons, Inc., R/N/P Development, Inc., the Walnut Valley Unified
School District ("District"), Sasak, Inc., and the City, collectively
identified as the South Pointe Master Plan ("Project"). The.subject
application (Tentative Tract No. 51253) was a component of the
South Pointe Master Plan.
(k) The City determined that the Project and those discretionary
actioni identified therein or required thereunder constituted a
"project" pursuant to the California Environmental Quality Act, as
amended ("CEQA") and the guidelines for the Implementation of
the California Environmental Quality Act ("guidelines").
(1) The City, based upon the preliminary findings contained in * an
Initial Study prepared by the City, determined that the Project
could result in significant environmental impacts, commenced
preparation of an Environmental Impact Report ("EIR") and
prepared and disseminated a Notice of Preparation ("NOP").
(m) On November *30, 1992; pursuant to the noticing obligations
delineated in CEQA guidelines, the City prepared and disseminated
both a Notice of Completion ("NOC") and the Draft
Environmental Impact Report for the South Pointe Master Plan,
SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review
period which concluded on January 14, 1993.
(n) The City published legal notice regarding the availability of the
Draft EIR and solicited public comments thereupon in the San
5
Gabriel Valley Tribune and Inland Valley Bulletin on December 3,
1992.
(o) On January 7, 1993, the City's Parks and Recreation Commission
held a noticed public meeting to discuss the Project and the Draft
EIR. On January 14, 1993, the City's Traffic and Transportation
Commission conducted a noticed public meeting to discuss the
Project and the Draft EIR.
(p) Noticed public meetings were conducted by the City of Diamond
Bar Planning Commission on December 14, 1992; January 25,
February 8, May 10, May 17, and May 23, 1993; and May 24,
1994.
(c) On May 24, 1993, the City of Diamond Bar Planning Commission
adopted a resolution recommending to the City Council approval
of the Project and certification of the Draft EIR.
(r) The City of Diamond Bar City Council conducted noticed public
hearings on the Project and its environmental documentation on
September 14, September 28, October 3, November 16, 1993; and
May 2, May 31, and June 3, 1994. On June 3, 1994, the City
Council certified the Draft EIR ("Final EIR"), but elected to take
no action upon the Project.
(s) On June 4, 1994, the City prepared a Notice of Determination
("NOD") documenting its actions certifying the Final EIR and
posted the NOD at the office of the County Clerk and forwarded
a copy of the NOD to the State Clearinghouse, in the form and
manner prescribed under CEQA guidelines.
(t) The Final EIR consists of the following documents: (1) Annotated
Draft EIR (November 1992, annotated May 1994); (2) Response
to Comments on the Draft Environmental Impact Report for the
South Pointe Master Plan (February 18, 1993); (3) Technical
Appendix -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (May 18, 1993);
(4) Volume II -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (November 1993);
(5) Volume III -Response to Comments on the Draft Environmental
Impact Report for the South Pointe Master Plan (May 1994); (6)
City of Diamond Bar Planning Commission staff reports, minutes
and public testimony; and (7) City of Diamond Bar Council staff
reports, minutes and public testimony.
C
(u) Following certification of the Final EIR, the City Council
conducted additional public hearings and meetings to consider each
of the discretionary actions identified therein. On July 5, 1994,
the City Council directed staff to prepare Findings of Fact, a
statement of overriding considerations, a mitigation reporting and
monitoring program and a revised NOD, in furtherance of those
disclosure obligations contained in CEQA guidelines, authorizing
the City Council to take subsequent actions upon all or a portion
of the Project, including the alternatives identified in the Final
EIR.
Hillside Management
(v) 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/pr property due to the presence
Of geologic, seismic, slope instability, fire, flood, mud flow, or
erosion hazard.
(w) The proposed project is compatible with the natural, biotic,
cultural, scenic, and open space resources of the area.
(X) The proposed project is conveniently served by (or provides)
neighborhood shopping and commercial facilities, can be provided
with essential public services without imposing undue costs on the
total community, and is consistent with the .objectives and policies
of the draft General Plan.
(y) 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.
Conditional Use Permit
(z) The proposed project will not be in substantial conflict with the
draft General Plan, local ordinances, and State requirements.
(aa) The proposed project will not adversely affect the health, peace,
comfort or welfare of persons residing or working in the
surrounding area.
7
(bb) The proposed project will not be materially detrimental to the use,
enjoyment or valuation of property of other persons located in the
vicinity of the site.
(cc) The proposed project will not jeopardize, endanger or otherwise
constitute_a menace to public health, safety or general welfare.
(dd) The project site is adequate in size and shape to accommodate the
yards, walls, fences, paridng and loading facilities, landscaping
and other development features prescribed within City ordinances,
or as otherwise required in order to integrate the use with uses in
the surrounding area.
(ee) The project site is adequately served by highways -or- streets of
sufficient width and improved as necessary to carry the kind and
quantity of traffic such use would generate.
Oak Tree Permit
(ff) The proposed project will be accomplished without endangering
the health of the remaining oak trees.
(gg) The removal or relocation of oak trees proposed will not result in
soil erosion through the diversion or increased flow of surface
waters which cannot be satisfactorily mitigated.
(hh) The removal or relocation of the oak trees proposed -is necessary
as continued existence at present locations frustrates the planned
improvement or proposed use of the subject property to such an
extent that alternative development plans cannot achieve the same
permitted density or that the cost of such alternative would be
prohibitive.
8. Based upon substantial evidence presented to this Council during the
above -referenced public hearing and upon the specific findings of fact set
forth above, pursuant to the provisions of California Government Code
65361, the Council hereby finds and determines as follows:
(a) The application as submitted, was initiated and proposed in
accordance with provisions of Ordinance 4 (1992) of the City of
Diamond Bar and pursuant to the Extension of Time conditions
granted to the City of Diamond Bar by the Office of Planning and
Research.
8
(b) The Application as proposed and conditioned herein, complies with
all other applicable requirements of State law and local ordinances.
9. Based on the findings and conclusions set forth herein, the City Council
hereby approves the Application subject to the conditions which are set
forth in Exhibit "C" hereto and are incorporated by reference.
The City Clerk is hereby directed to
(a) certify to the adoption of this Resolution; and
(b) forthwith transmit a certified copy of this Resolution, by certified,
mail, return receipt requested, to the applicant: Amrut Patel, SASAK
CORP., 858 W. 9th Street, Upland, CA 91785-1153
Approved and adopted this the 17th day of May, 1995, by the City Count of the City
of Diamond Bar.
BY:���-�
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 by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 17th day
of May, 1995, by the following vote -to -wit:
AYES: [COUNCIL MEMBERS:] Miller, Papen, and Werner
NOES: [COUNCIL MEMBERS:] Ansari and Harmony
ABSTAIN: [COUNCIL MEMBERS:]
ABSENT: [COUNCIL MEMBERS1
QUJTZZA5umuLMrm2a.As2
ld
ATTEST:
CiClerk of the City of
Diamond Bar
0
/17/9
ERHEBIT "C"
CONDITIONS OF APPROVAL
. TRACT NO. 51253
A. GENERAL L REQ :
The applicant is required to_ submit authorization of all property owners with interest in
the project. The approval of Tentative Tract Map No. 51253 shall not be effective for
any purpose until a duly authorized representative of the applicant(s) has filed with the
Community Development Department an Affidavit of Acceptance, thereby accepting all
the conditions of this approval which Affidavit shall be filed within 15 days of the date
of approval.
2. All requirements of this Resolution, the applicable Zoning District, the City Codes, City
departmental -policies, rules and regulations and applicable law, policies and regulations
of any State, Federal or local agency with jurisdiction thereof shall be complied with by
the Applicant.
w
3. In accordance with Government Code Section 66474.9(b) and (c), the subdivider shall
defend, indemnify and hold harmless the City, its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents, officers, or employees to
attack, set aside, void or annul, an approval of the City, which action is brought within
the time period provided for in Government Code Section 66499.37. The City shall
promptly notify the subdivider of any such claim, action, or proceeding, and shall
cooperate fully in the defense.
B.' FIRE DEPARTMENT REQUIREMENTS:
1. Provide and locate water mains, fire hydrants and fire flows as required by Fire
Department and Fire Code.
2. Prior to recordation of a final 'map, emergency secondary access shall be provided in
accordance with Fire Protection District Standards and approved by the City Engineer.
3. Fire Department access shall be extended to within 150 feet distance of any portion of
structure to be built and shown on the final map.
4. Access shall comply with Section 10.207 of the Fire Code (all weather .access).
5. Driveways shall include, as necessary, turnarounds suitable for fire protection equipment
use and shown on the final map. Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire Department use.
1
6. All required fire hydrants shall be installed, tested and accepted prior to construction of
on-site improvements. Vehicular access must be provided and maintained serviceable
throughout construction.
7. All hydrants shall be brass or bronze and conform to current AWWA standard AC503
or approved equal. All hydrants shall be installed a minimum of 25 -ft. from a structure.
C. CON MUNITY DEVELOPMENT DEPARTMENT REQ :
1. The site shall be developed and maintained in accordance with the approved Tentative
Tract Map and plans approved by the City Council as revised by these conditions of
approval.
2. Prior to the recordation of the Anal map the applicant shall pay a park in -lieu fee, or
dedicate park land to the City's satisfaction.
3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m.
to 5:00 p.m., Monday through Saturday, except that interior building construction
activities shall not be limited. All construction equipment shall be properly muffled to
reduce noise levels. Transportation of equipment and materials and operation of heavy
grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00, Monday
through Saturday. All equipment staging area shall be sited on the subject property.
Dust generated by construction activities shall be reduced by watering the soil prior to
and during grading activities. Use of reclaimed water shall be used whenever possible.
4. Each parcel shall provide a minimum of 7,200 square feet and a minimum pad size of
6,000 square feet. Each lot shall provide a minimum frontage of 60 feet and 40 feet on
cul-de-sacs and knuckles. Front setbacks shall be a minimum 16 feet from right of way
with an average of 18 feet. Side yard setbacks shall be a minimum of 5 feet and -10 feet
clear with rear setbacks of 20 feet, as measured from the structure to top of slope of
building pad. Homes shall be staggered with a minimum 18 feet average front setback
to prevent a series of similar front setbacks.
5. Applicant shall pay development fees (including, but not limited to, planning, building
and school fees) at the established rates prior to recordation of the final map and issuance
of building permits:
6. Prior to issuance of building permits, the applicant/subdivider shall prepare and submit
to the Director of Community Development for approval, a "Buyer Awareness Package"
which shall include, but not be limited to, information pertaining to geologic and
environmental issues regarding the property, freeway noise, proximity to bus routes and
oak tree preservation issues, explanatory information pertaining to building rights
restrictions and other restrictions on use of properties as necessary and. similar related
matters. The Applicant shall institute a program to include delivery of a copy of the
"Buyer Awareness Package" to each prospective purchaser and shall beep on file in the
office of Applicant, with copies to the City and a receipt signed by each such prospective
purchaser indicating that the prospective purchaser has received and read the information
contained within the "Buyer Awareness Package." The project applicant(s) shall include
2
in a Buyer Awareness package, the availability of participation in neighborhood
involvement programs established by the Los Angeles County Sheriffs Department to
increase community awareness and, thereby, help reduce potential crime occurrences in
the City.
7. Prior to the issuance of building permits the variety of materials and colors to be used
on the exteriors of residential structures shall be approved in form and color by the
Community Development Director as a part of the Development Review of the model
homes.
8: Prior to any occupancy permit being granted, these conditions and all improvements shall
be completed and bonded for, to the satisfaction of the City.
9. The use authorized by this approval shall be commenced or construction necessary and
incidental thereto shall be started on or before the time limit specified herein and
thereafter diligently advanced on or before the (2) second year after the expiration of
City Council approval.
10: Applicant shall pay all remaining prorated City project review and processing fees prior
to recordation of the tract map as required by the Community Development Director.
t
11. Any real property subsequently assembled with the lots created as a part of this action
will retain all restrictions -to use that may be in place at that time.
12. The applicant is required to forward all outstanding fees to the City related to the
processing of this application within 30 days of approval of this project.
D. RESOURCE MANAGEMENT PLAN REQUIREMENTS
1. As a means of mitigating potential environmental impacts, the applicant shall suspend
construction in the vicinity of a cultural resource encountered during development of the
site, and leave the resource in place until a qualified archaeologist can examine them and
determine appropriate mitigation measures. The applicant shall comply with mitigation
measures recommended by the archaeologist and approved by the Community
Development Director.
Upon initiation of grading activities, a paleontological grading observation schedule by
a Certified Paleontologist shall be maintained when grading in bedrock units to further
evaluate the fossil resources of the site. Salvage operations shall be initiated and
coordinated with the project applicants if significant concentrations of fossils are
encountered.
2. Plant street trees as directed and approved by the City Engineer.
I - No underground utilities, shall be constructed within the drip line of any mature vee
preserved on-site except as approved by a registered arborist.
4. The mitigation monitoring program contained in EIR No. 92-1 (SCH 91081040) and
approved by the City shall be implemented and rigorously complied with. Applicant
shall deposit and maintain with the City, a fund in such amounts required by the Director
of Community Development to defray the cost'df implementation and monitoring by City
staff`and consultants retained by City.
5. A detailed landscape and irrigation plan, including slope planting and model home
landscaping, shall be prepared by a licensed landscape architect and submitted for City
review and approval prior to issuance of building permits. Fence details, tree staking,
soil preparation, planting details and an automatic irrigation system and the incorporation
of xerotropic landscaping shall be incorporated wherever feasible. The Applicant shall
pay all processing fees associated with plan review.
6. All terrace drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts. Terrace drains shall follow land form slope
configuration and shall not be placed in exposed positions. All down drains shall be
hidden in swales diagonally or curvilinear across a slope face.
7. Prior to issuance of occupancy permits all oak trees to be replaced shall be replaced at
the ratios, locations and palette mix specified in EIR No. 92-1 (SCH 91081040).
Replacement oak tree ratio shall be 2:1 and shall consist of the following mix of sizes:
a. 5 % seedlings;
b. 15% 15 gallon:
C. 50% 24 inch box.
d. 15% 36" box
e. 10% 48" box
L 5% 60" box
8. Existing trees required to be preserved in place shall be protected with a construction
barrier in accordance with the Los Angeles County Code and so noted on the grading
plans. The location of those trees to be preserved in place and new locations for
transplanted trees shall be shown on the detailed landscape plans.
9. Prior tograding, seed collections shall be made from many of the native species on-site,
concentrating on area to be impacted by the project. These seeds shall be propagated
and their offspring, in seed • or container plant form, shall be used in the revegetation
program. Seeds of species in short supply on-site shall be increased prior to planting
and/or all seeds shall be grown in containers for planting on-site. Applicant shall provide
proof of compliance with this Section to City Engineer prior to grading and again, prior
to issuance of any certificate of occupancy.
10. Prior to the issuance of permits for site grading, two (2) suitable oaks for transplanting
shall be selected, tagged and recommended to the City for relocation by a qualified
arborist. Selection criteria shall include access, health, structural feasibility for
transplantation and cost. In order to maintain wildlife food sources, an effort will be
made to select some specimens for transplanting marked to indicate compass and slope
orientation. Trees shall be boxed by a method which minimizes shock and allows for the
inclusion of the maximum feasible amount of root hairs and associated soil. Indigenous
4
mycorrhizae shall be included with the root hairs and associated soil. Siting of
transplanted oaks and detailed transplanting methodology shall be coordinated by a
qualified licensed arborist. The number of oaks to be transplanted and their specific
locations shall be approved by the Community Development Director.
11. Prior to the issuance of grading permits the applicant shall obtain approval of a Feral Pet
Trapping Program by the Community Development Director. . A feral pet trapping
program shall be administered by the Applicant during and after construction. The feral
pet trapping program shall provide for the trapping and disposition of former domestic
pets that have gone back to the wild, to the specifications of the Pomona Valley Humane
Society.
12. Prior to approval of project landscape plan the applicant shall demonstrate that the
landscaping palette for the project emphasizes the use of drought tolerant, native plant
species'with low water requirements adapted to the inland Southern California climate.
Also, plants used in perimeter or common area landscaping shall include those which
provide nectar, fruit or seeds as food for native wildlife species. With the proper
selection and. placement of native plants, the proposed development would retain some
of its natural value. Recommended plants for landscaping include:
Big -Leaf Maple
Acer macrophylla
Bigberry Manzanita
Arctostaphylos glauca '
Coyote Brush
Baccharis pilularis
Ceanothus
Ceanothus spp.
Redbud
Cercis occidentalis
Toyon
Heteromeles arbutifolia
Honeysuckle
Lonicera spp.
California Sycamore
Platanus racemose
Holly -leaved Cherry
Prunus ilicifolia
California Coffeeberry
Rhamnus californica
Holly -leaved Redberry
Rhamnus ilicifolia
Sugarbush
Rhus ovata
Chaparral Currant
Ribes malvaceum
Our Lord's Candle
. Yucca whipplei
California -Fuchsia
Zauschneria californica
13. In compliance with Section 3503.5 of the California Fish and Game Code, a qualified
biologist shall determine the presence of any raptor nests prior to or concurrent with
grading activities, the project applicant(s) shall contact the California Department of Fish
and Game, shall obtain andcomply with all appropriate procedures relative to grading
operations in proximity to those nests, and shall provide verification of same to the City.
Resulting mitigation measures may include: (1) modifying the design of utility poles, if
any, for the protection of raptors and other birds; (2) restricting construction activities
near raptor nesting sites during and immediately following the breeding season; and (3)
constructing artificial nesting platforms for raptors and other birds.
ld: Prior to issuance of building permits, if applicable, Los Angeles County Fire Department
requirements for development in a wildland fire area shall be incorporated to reduce
5
i. The City may require that gravel be used in unpaved areas utilized as either
construction roads or staging areas for construction equipment.
j. Apply water twice daily for chemical $oil stabilizers according to manufacturers'
specifications to all unpaved parking or staging areas and unpaved road surfaces,
if required for dust control.
k. Install wheel washers where vehicles exit unpaved mads-Dnto paved roads, or
wash off trucks and any equipment leaving the site every trip in designated areas
on the site.
1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less.
M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and
should maintain at least six inches of freeboard (i.e., minimum required space
between top of the load and top of the trailer) based upon a level load.
n. Pave construction roads that have a traffic volume of more than "50 daily trips by
construction equipment, 150 total daily trips for all vehicles, for 12 consecutive
days.
o. Pave all construction access roads at least 100 feet onto the site from the main
road.
P. Use methanol or low -sulfur pile drivers.
q. Use - low -sulfur fuel for stationary construction equipment pursuant to Rule
431.2.
r. Suspend use of all construction equipment operations during second stage smog
alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange Counties) of
(800) 367-4710 (San Bernardino and Riverside Counties).
S. Use construction equipment that has catalytic convertors (for gasoline powered
equipment).
t. Prevent trucks from idling longer than two minutes.
U. Configure construction parking to minimize traffic interference.
V. Provide temporary traffic control during all phases of construction activities to
improve traffic flow such as providing a flag person to direct traffic and ensure.
safe movements off the site as directed by the City Engineer.
W. Schedule construction activities that affect traffic flow to off-peak hours (i.e.,
between 7:00 PM and 6:00 AM and between 10:00 AM and. 3:00 PW with
approval from the City.
7. The following mitigation measures are recommended by the SCAQMD to minimize long-
term emissions associated with the project:
a. Use solar or low -emission water heaters.
b. Use central water heating systems.
C. Use built-in energy efficient appliances.
d. Building and subdivision orientation should be to the north for natural cooling.
e. Provide shade trees to reduce building heat.
L Use energy efficient and automated controls for air conditioners..
g. Use double -glass paned windows.
8.. Construction and maintenance activities, including the repair and maintenance of
equipment, shall conform to and comply with applicable provisions of the City of
Diamond Bar's Noise Ordinance.
8
potential fire hazards. These provisions include, but may not be limited to: (1) fire -
resistive protection of exterior walls/openings; (2) fire -retardant roof covering; (3) fire -
resistive construction for decks, balconies and support structures; and (4) chimney
screens installed on each chimney flue.
15. Project design and maintenance activities shall comply with brush clearance programs
administered by the Los Angeles County Fire Department.
16. Prior to the initiation of construction activities, building permits or recordation, the
project applicant(s) shall submit and the County Forester and Fire Warden shall approve
a fire hazard reduction/fuel management plan to minimize brush fire hazards on-site.
That plan shall include, but may not be limited to: (1) use of fire retardant construction
materials; (2) brush clearance and maintenance activities within 100 feet surrounding
individual structures; (3) irrigated planting area with provisions for maintenance
activities; and (4) the provision and maintenance of fire breaks.
17. In order to limit the potential threat of wildland fires, low -fuel volume plants shall be
incorporated into the revegetative plan.
18. Prior to the issuance of grading permits, the project applicants shall review development
plans with the Los Angeles County Department of Parks and Recreation to facilitate
implementation of the County's regional trail system. Adequate provisions (e.g. trail
dedication, signage) shall be provided to ensure the dedication of any City or County
ordinance required trail links.
19. Prior to the approval of the grading plan, the project applicant(s) identify appropriate
measures to be undertaken during grading activities to minimize disruptions to school
activities and shall address potential health and safety considerations relative to pedestrian
activities in the project area.
20. Prior to the initiation of grading activities and building permits a replacement plan for
the loss of existing oak trees shall be submitted by the project applicant(s) and approved
by the City.
21. Applicant should consider a united biological resource removal program, prior to
grading, to allow persons to remove selected vegetation at their own expense.
E. APPLICABLE EIR MITIGATION MEASURES
(not addressed in subsections a, b, c or d)
The following conditions are EIR mitigation measures not covered by the tract conditions listed
in subsections a, b, or c which apply to the project site.
1. All grading, earthwork and associated development activities shall be designed and
conducted in accordance with applicable City and County standards and shall conform
with recommendations contained in the Preliminary Soils Engineering Investigation for
6
Tentative Tract No. 51253, County of Los Angeles and such other Geotechnical reports
as may be prepared for the site and/or required by the City and County.
2. The project applicant shall be financially responsible for the following items: (1) the
construction or advancement of funds for the construction of any required on-site
drainage improvements as contained in the Master Plan of Drainage Facilities approved
by the City Engineer and County Engineer of Los Angeles County; (2) the construction
of in -tract and off-site storm drain system improvements; (3) prorated mitigation fees of
contributed flows and/or (4) any permits or other assessments customarily imposed by
the County Engineer.
3. Drainage shall be disposed of in a manner satisfactory to the City Engineer and County
Engineer of Los Angeles County. The design and installation of project drainage
facilities shall be in accordance with the flow criteria, design standards and construction
requirements of both the Los Angeles County Department of Public Works and the City
of Diamond Bar.
4. Prior to the approval of the final tract map(s), a special maintenance district or other
funding mechanism acceptable to and approved by the City shall be established for the
maintenance of on-site storm drainage facilities. Terraces and down drains will be part
of the Landscape and Lighting District. The main drainage system shall be accepted into
the Los Angeles County or City of Diamond Bar Maintenance District.
5. Prior to the initiation -of grading operations, the project applicant(s) shall obtain all
applicable construction, stormwater and NPDES permits as may be required by the City,
the County of Los Angeles and the California Regional Water Quality Control Board for
the discharge of urban pollutants.
6. Prior to the issuance of grading permits the applicant shall illustrate to the satisfaction
of the City Engineer how the following mitigation measures recommended by either the
City or the South Coast Air Quality Management District to minimize air quality impacts
during the construction phase of the proposed project have been incorporated into project
construction guidelines:
a. Apply approved chemical soil. stabilizers according to manufacturers'
specifications to all inactive construction area (previously graded areas inactive
for four days or more).
b. Replace ground cover in disturbed areas per City specifications.
C. Enclose, cover, water twice daily, or apply approved soil binders, according to
manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt).
d. Water active sites at least twice daily.
e. Suspend all excavating and grading operations when wind speeds (as instantaneous
gusts) exceed 25 miles per hour (mph).
f. Monitor for particulate emissions according to South Coast Air Quality
Management District specified procedures: For information call (909)396-3600.
g. In field trailers, use portable air conditioning units with non -diesel.
h. Sweep streets at the end of day if any visible soil material is carried over to
adjacent thoroughfares (recommend water sweepers which use reclaimed water).
7
9. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce
heavy -equipment truck trips.
10. Project security features which shall be incorporated into the final design may include:
(1) residential dwelling unit orientation which facilitates "neighborhood involvement"
activities; (2) exterior security lighting; (3) well-designed access for police patrols to
provide optimum observations; 'and (4) illuminated street addresses to ensure visibility
from the street for better patrol observation.
11. prior to final tract map approval, the project applicant(s) shall submit a sewer study to
both the County and City Engineer identifying project wastewater flow and tributary flow
to the existing County trunk and local sewer lines. This study shall identify: (1) the
location, -phasing,- bonding and details of any propos sewer facilities and improvements
by street configuration, lot layout .and gravity flow; (2) any current capacity shortfalls
of the County trunk and/or City sewer lines; and (3) specific design recommendations
to provide additional lines or sizing upgrade, if required.
12. The project applicant(s) shall convey access and property easement and rights-of-way to
the County Sanitation Districts of Los Angeles County, as deemed necessary by the
County and City Engineers, for the construction and maintenance of sewer lines and
associated facilities, prior to final map approval. r,
13. The project applicant(s) shall contribute an equitable share of cost, as established by the
City, to fund improvements to the area's main lines, pumping stations, etc. required as s
a result of project development, prior to final map approval.
14. The project applicant(s) shall provide to the County Sanitation Districts of Los Angeles
County information regarding the construction and/or building schedule of the project so
that the timing of the County Sanitation Districts' expansion may be coordinated with the
project increase in demand.
15. In order to minimize the impact of project development on the County's solid waste
disposal system and to facilitate the attainment of source reduction standards for the City
of Diamond Bar as contained -in the California Integrated Solid Waste Management Act
of 1989, (the "Act") the project applicant(s) shall: (1) consult with the City of Diamond
Bar, the County Sanitation Districts of Los Angeles County and the Los' Angeles County
Department of. Public Works regarding implementation of technologies to reduce and
recycle solid waste both during construction and after completion of the project; and (2)
consult with the current refuse removal collection company(ies) regarding design
standards for access to, location and construction of trash container enclosures in order
to facilitate implementation of automated refuse collection.
16. The project applicant(s) or subsequent homeowners' association(s) shall comply with
those source reduction and recycling and composting requirements as may be adopted by
the City of Diamond Bar in accordance with Assembly Bill 939.
9
17. The project applicant(s) through the Buyer Awareness program, shall encourage the
segregation of green wastes for reuse as specified under the City's Source Reduction
Recycling Element and County Sanitation Districts waste diversion policies.
18. A Homeowners Association shall be created and made a party to the Conditions,
Covenants; and Restrictions (CC&R's) for this project. A copy of the CC&R's and
Articles of Incorporation of the Homeowners Association, subject to the approval of the
City Attorney, shall be recorded with this map and placed on file with the Planning
Department.
19. Each lot shall be developed in substantial compliance with the final map and applicable
CC&R's.
20. Any lighting fixtures adjacent to interior property lines shall be approved by the
Community Development Director as to type, orientation and height.
21. All slope planting and irrigation shall be continuously maintained in a healthy and
thriving condition by the developer until each individual unit is sold and occupied by the
buyer.. Prior to any occupancy permit being granted, then conditions and all
improvements shall be completed to the satisfaction of the Community Development
Director and City Engineer.
t
22. All down drains and drainage channels shall be constructed in muted earth tones so as
to not impart adverse visual impacts.
23. All residences will be required to receive approval via the Development Review process
by the Planning Commission subsequent to approval of the final map.
24. All grub material shall- be stored on-site until such time the material is mulched and
incorporated into the grading. The storage of the grub material shall be in compliance
with City standards which may require a separate permits, Los Angeles County Fire
Department requirements, and dust control requirements.
25. Prior to any occupancy permit being granted, these conditions and all improvements shall
be completed to the satisfaction of the City.
26. The project applicant shall first obtain a Hillside Grading Conditional Use Permit and an
Oak Tree Removal Permit prior to issuance of any grading Pmt
E. ENGINEERING REQUUMAENTS
1. Prior to approval and recordation of the final map, written certification from each
affected district, that adequate sewer and water facilities are or will be available and from
each public utility and cable television purveyor that adequate facilities are .or will be
available to serve the proposed project, shall be submitted to the City. Such letters must
have been issued by the district, utility and cable television company, within ninety (90)
days prior to final map approval.
10
2. All easements existing prior to final map approval must be identified and shown on final
map. If an easement is blanket or indeterminate in nature, a statement to that effect must
be shown on the final map in'lieu of its location.
3. A title report/guarantee showing all fee owners, interest holders, and nature of interest
must be submitted when a final map is submitted for map check. The account shall
remain open until the final - map is filed with the County Recorder. An updated title
report/guarantee and subdivision guarantee must be submitted ten (10) working days prior
to final map approval.
4. A landscape/lighting districts shall be formed per City requirements to finance the
maintenance and to maintain common open space area within the project site.
5. New boundary monuments shall be set in accordance with the State Subdivision map Act
and as required by the City Engineer.
6. If any required public improvements have not been completed by Subdivider and
accepted by the City prior to the approval of the final map Subdivider shall enter into a
subdivision agreement with the City and shall post the appropriate security prior to final
map approval.
t
7. All site grading, landscaping, irrigation, street improvement, sewer and storm drain
improvement plans shall be approved by the City Engineer prior to final map approval.
8. Street names shall be submitted for City review and approval prior to approval of the
final map. Street names shall not duplicate existing streets within the City of Diamond
Bar's postal service zip code' areas.
9. House numbering plans shall be submitted to and approved by the City Engineer prior
to issuance of building permits.
10. The detail drawings and construction notes shown on the tentative map are conceptual
only and the approval of this map does not constitute approval of said notes.
11. Subdivider shall submit to the City Engineer the detail grading and drainage construction
cost estimate for bonding purposes prior to approval of the final map.
12. The final grading plans shall be submitted to and approved by the City Engineer prior
to issuance of a grading permit and approval of final map.
13. Precise grading plans for each lot are to be submitted to the Community Development
Department for approval prior to issuance of building permits. (This may be on an
incremental or composite basis.)
14. Grading of the subject property shall be in accordance with the current Uniform Building
Code, City Ordinance No. 14 (1989) and Hillside Management Ordinance No. 7 (1992),
and acceptable grading practices. The precise and final grading plans. shall be in
substantial conformance with the approved Tentative Map.
11
15. All landslide debris shall be completely removed prior to fill placement as required by
the final geotechnical report.
16. At -the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and
geology report shall be submitted in compliance with City guidelines to the City Engineer
for approval and said report shall be prepared by a registered geotedhnical engineer and
engineering geologist licensed by the State of California. The report shall address, but
not be limited to, the following:
(a) Soil remediation measures shall be designed for a "worst case" geologic
interpretation subject to verification in the field during grading.
(b) The extent of any remedial grading into natural areas shall be clearly defined on
the grading per•
(c) Areas of potential for debris flow shall be defined and proper remedial measures
implemented as approved by the City Engineer.
(d) Gross stability of all fill slopes shall be analyzed as part of the Geotechnical
report, including remedial fill that replaces natural slope.
(e) Stability of all proposed slopes shall be confirmed by analysis as approved by the
City Engineer.
(f) All geologic data including landslides and exploratory excavations must be shown
on a consolidated geotechnical map using the 40 -scale final grading plan as a
base. 't
All geotechnical and soils related findings and recommendations must be reviewed and approved
by the City Engineer prior to issuance of any grading permits and recordation of the final map.
Applicant further agrees that the number of actual buildable lots may be reduced by the City
based upon the final findings and recommendations of the City's geologist. .
17. 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 earthworm specified in the final report shall be incorporated into the plans.
18. Grading plan(s) must be signed and stamped by a California registered Civil Engineer,
registered Geotechnical Engineer and registered Geologist.
19. All identified geologic hazards within the Tentative Tract boundaries which cannot be
eliminated as approved by the City Engineer shall be indicated on the final map as
"Restricted Use Area" subject to geologic hazard. The subdivider 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.
20. Surety shall be posted and an agreement executed guaranteeing completion of all drainage
facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior
to final map approval and prior to the issuance of grading permits.
21. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated
and shown on the final map as approved by the City Engineer.
12
22. All drainage improvements necessary for detouring and protecting the subdivided
properties shall be installed prior to issuance of building permits for construction .upon
any parcel that may be subject to drainage flows enter, leaving, or within a parcel for
which a building permit is requested.
23. An erosion control plan shall be approved by the City Engineer prior to issuance of
grading permits.
24. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement
with the California Department of Fish and Game shall be obtained and submitted to the
City Engineer.
25. The Subdivider shall provide drainage facilities to remove the flood hazard and dedicate
and show necessary easements and/or rights of way on the final map to the satisfaction
of City Engineer.
26. All identified flood hazard locations within the tentative map boundaries which cannot
be eliminated as approved by the City Engineer shall be shown on the final map and
delineated as "Restricted Use Area subject to flood hazard. The Subdivider shall
dedicate to the City the right to restrict the erection of buildings or other structure
within such restricted use areas on the final map.
27. A permit from the County Flood Control District is required for work within its right-of-
way.
28. A final drainage study and final storm drain improvement plans in a 24"x36" sheet
format shall be submitted to and approved by the City Engineer and the Los Angeles
County Department of Public Works prior to final map approval. All drainage facilities
shall be installed as required by the City Engineer and in accordance with County of Los
Angeles Standards for acceptance and disposal of all related drainage.
29. Prior to finalization of any development phase, sufficient street, sewer, water and
drainage improvements shall be completed beyond the phase boundaries to assure access,
proper outfall of sewers, adequate domestic and fire water service flows and proper
drainage protection to the satisfaction of the City Engineer. Phase boundaries shall
correspond to lot lines shown on the final map.
30. Applicant shall submit to the City Engineer the detail cost estimate for bonding purposes
of all public improvements, prior to approval of the final map.
31. New street centerline movements shall be set at the intersections of streets, intersection
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
movements 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.
13
32. 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 guaranteeing completion of the public and/or
private street improvements, prior to final map approval.
33. Prior to any work being performed in public right-of-way, fees shall be paid and a
construction permit shallbe obtained from the City Engineer's office for work in the
City of Diamond Bar and from the Los Angeles County Department of Public Works for
work in the County, in addition to any other permits required.
34. No street shall exceed a maximum slope of 12% unless approved by the City Engineer.
35. Construct base and pavement on all streets in accordance with soils report prepared by
a qualified and registered engineer and approved by the City Engineer or as otherwise
directed by the City Engineer.
36. Vehicular access must be provided to all "Urban Pollutant Basins" with a minimum width
of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15 %
unless otherwise approved the City Engineer.
37. Subdivider shall pay its fair, share of other signal improvements required pursuant to the
approved EIR prior to approval of the final map based upon amended traffic study as
approved by City Engineer.
38. Label any private drives or fire lanes and delineate on the final map to the satisfaction
of the City.
39. Construct or post bonds for drainage improvements and offer easements needed for street
. and slope drainage as required by the City Engineer prior to recordation of the final map.
40. Construct sidewalks throughout the tract per City standards and as approved by the City
Engineer. In addition, the applicant shall provide $18,000.00 for sidewalk installation
within the adjacent county area.
41. Provide and install street name signs to the satisfaction of the City Engineer prior to
issuance of a certificate- of occupancy.
42. All utility lines shall be underground per Section 21.24.400 of Title 21 of the City Codes
in and adjoining the proposed Tentative Tract Map.
43. Construct curb and gutters per City standards subject to approval by the City Engineer.
44. 'Construct wheelchair ramps at all corners and all intersections pursuant to City Standards
or as may be required by the City Engineer.
45.. Construct street lights along all streets as required per to City standards and as approved
by the City Engineer. The street lights shall be placed in a landscape and lighting
district, as directed by the City Engineer.
14
46. Traffic improvement plans shall be prepared by a registered Traffic 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.
47. Intersection' line of sight designs shall be submitted to the City Engineer for approval as
may be required by City Engineer.
48. Traffic control signing and striping plans shall be prepared in -accordance with City
requirements prior to approval of the final map.
49. Prior to final map approval the subdivider shall submit an area study to the City Engineer
and Los Angeles County Department of Public Works to determine whether rapacity is
available in the sewerage system to be used as the outlet for the sewers in this land
division. If the system is found to be of insufficient capacity, the problem must be
resolved to the satisfaction of the City Engineer and Los Angeles County Department of
Public Works.
.50. 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 Los
Angeles County or Sanitation District sewer system. Said system shall be of the size,
grade and depth approved by the -City Engineer, County Sanitation District and Los=
Angeles County Public Works Department. Sanitary sewer improvement plans in a
24"x36" sheet format, prepared by a California registered Civil Engineer, shall be
submitted to and approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works Department, prior to approval of the final map.
51. The Subdivider shall obtain connection permit(s) from the Los Angeles County Public
Works Department 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 prior to
approval of the final map.
52. The Subdivider, at Subdivider'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 approved plans or security shall be posted and an agreement executed
guaranteeing completion of the sewer improvements, prior to final map approval.
53. Prior to final map approval a, water system with appurtenant facilities to serve all lots in
the land division designed to Walnut Valley Water District (VWWD) specifications, must
be provided and approved by the City Engineer. The system shall include fire hydrants
of the type and location as determined by the -Los Angeles County Fire Department. The
water mains shall be sized to accommodate the total domestic and fire flows to the
satisfaction of the City Engineer, WVWD and Fire Department.
15
approval herein, the applicant shall post a surety bond with the City, in a form acceptable
to the City Attorney, to cover the cost and expenses of the remedial efforts identified and
attributable to the property. The Mayor shall not be authorized to execute this
Resolution, and the Tentative Tract Map shall not be
condition is satisfied. deemed approved, unless this
62. Final execution of this resolution is. conditioned on thelicant e
abate the immediate hazards on the � ��8 x25;000 to
Party m accordance with the recommendations of
a professional geologist and registered soils engineer retained • by the applicant and
acceptable to the City of Diamond Bar and with the approval of theCity Engineer. The
Mayor shall not be authorized to execute this Resolution, and the Tentative Tract Map
shall not be deemed approved, unless this condition is satisfied,
C: %W PS 1 ULMLt rMTMS 1233. CON
17
IK
54. Prior to final map approval, the Subdivider, at Subdivider's sole cost and expense, shall
construct, or enter into an improvement agreement with the City to construct and provide
security guaranteeing construction of the necessary water system improvements.
55. 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.
56. Subdivider shall relocate and underground any existing on-site utilities to the satisfaction
of the City Engineer and the respective utility owner.
57. Prior to submittal of the final map, written certifications from Los Angeles County
Department of Public Works, Los .Angeles County Sanitation Districts, Walnut Valley
Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are
or will be available to serve the proposed project shall be submitted to the City.
58. The Subdivider shall install main and service lines capable of delivering reclaimed water
to those portions of the subdivision which are designated as areas for which the HOA or
landscape Maintenance District is responsible for irrigation and/or landscape
maintenance. The system shall be designed to the specifications of the Walnut Valley
Water District and satisfaction of the City Engineer. As a reclaimed water supply is not
currently available at the site, the design shall provide for switchover from the domestic
service to reclaimed service at such time as it is available.
59. Owner agrees, at Owner's sole cost and expense, that Owner will make all investigations,
analysis, recommendations and reports as required by the City Engineer concerning all
geotechnical aspects of this site along with the preparation of all plans and specifications
necessary for the remedy of all adverse geological and soils aspects of the site. All
reports, plans and specifications shall be submitted to the City Engineer for review and
approval. All approvals and permits shall be obtained and all earthwork and other
construction necessary shall be performed to make this property safe from landslide,
settlement, slippage and all other unsafe geological and soils conditions and to cause this
property to not pose any danger or hazard to nor have any adverse affect on any adjacent
properties. All work shall be - performed in the time frame and to the satisfaction of the
City Engineer.
60. Final execution of this resolution is conditioned on the applicant posting security with the
City in the amount of $250,000 within seven (7) days of City Council approval to
guarantee performance of the above specified work in the time frame specified. The
Mayor shall not be authorized to execute this Resolution, and the Tentative Tract Map
shall not be deemed approved, unless this condition is satisfied.
61. The applicant shall upon approval herein, immediately commence to remediate the
adverse soils and geotechnical aspects of the site. Within 30 days of this approval
herein, the applicant shall submit a reconnaissance study, prepared by a licensed and
certified engineer/geologist acceptable to the City of Diamond Bar, which provides a plan
for the remediation of unsafe geologic and soils conditions. Within 60 days of this
16
City of Diamond Bar
Memorandum
Date: February 2, 1999
To: Terrence L. Belanger, City Manager
From: James DeStefano, Deputy City Mana
Subject: CITY COUNCIL AGENDA ITEM NO. .1—
SECOND READING OF ORDINANCE NO. 1 (1999): AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A
SUBDIVISION ORDINANCE AND AMENDNG THE DIAMOND BAR
MUNICIPAL CODE
Mayor Pro Tem O'Connor has requested that several typographical errors be corrected within the
Subdivision Ordinance. Our consultant has revised the document accordingly. Attached please
find a copy of the suggested corrections and a revised Subdivision Ordinance for distribution to
the City Council.
Attachments
JDS/dbm
CITY OF DIAMOND BAR
SUBDIVISION ORDINANCE
Title 21 of the Diamond Bar
Municipal Code
Adopted
February 2, 1999
Ordinance No. 1 (1999)
Prepared by
THE PLANNING & ZONING ALLIANCE
URBAN DESIGN STUDIO
JACOBSON & WACK
CRAWEORD, MULTARI, & CLARK
Diamond Bar Subdivision Ordinance
Table of Contents
ARTICLE I - Purpose and Applicability of Subdivision Ordinance
Chapter 21.01- Enactment and Applicability of Subdivision Ordinance ........... I-3
21.01.010-Title.........................................................I-3
21.01.020-Purpose......................................................1-3
21.01.030- Authority....................................................I-3
21.01.040 - Applicability................................................. 1-3
21.01.050 - Compliance with other Regulations Required ..................... I-4
21.01.060 - Conflicting Provisions ......................................... I-4
Chapter 21.02 - Administration of Subdivision Ordinance ........................ I-5
21.02.010 - Purpose of Chapter ............................................ I-5
21.02.020 - Responsibility for Administration ............................... I-5
21.02.030- Advisory Agency.............................................I-5
21.02.040 - Authority for Subdivision Decisions ............................. I-6
21.02.050-Enforcement..................................................I-6
Chapter 21.03 - Subdivision Map Approval Requirements ........................ I-9
21.03.010 - Purpose of Chapter ............................................ I-9
21.03.020 - Type of Subdivision Approval Required .......................... I-9
21.03.030 - Exemptions from Subdivision Approval Requirements ............ I-10
21.03.040 - Applications Deemed Approved ............................... I-12
21.03.050 - Exceptions to Subdivision Standards ............................ I-12
21.03.060 - Application Fees ............................................. I-13
ARTICLE -II - Subdivision Review Procedures
Chapter 21.20 - Tentative Map Filing and Processing ...........................
II -3
21.20.010 - Purpose of Chapter ...........................................
II -3
21.20.020 - Tentative Map Preparation, Application Contents ................
II -3
21.20.030 - Tentative Map Filing, Initial Processing .........................
II -3
21.20.040 - Evaluation of Application .....................................
II -5
21.20.050 - Commission Review and Decision ..............................
II -5
21.20.060 - Council Review and Decision ..................................
II -6
21.20.070 - Tentative Map Public Hearings ................................
II -6
21.20.080 - Tentative Map Approval or Disapproval ........................
II -7
21.20.090 - Conditions of Approval .......................................
11-8
21.20.100 - Effective Date of Tentative Map Approval .......................
II -9
21.20.110 - Changes to Approved Tentative Map or Conditions .............
II -10
21.20.120 - Completion of Subdivision Process ............................
II -11
21.20.130 - Vesting Tentative Maps ......................................
II -11
21.20.140 - Expiration of Approved Tentative Map .........................
I1-13
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2,1999 Page -1
Contents
21.20.150 - Extensions of Time for Tentative Maps .........................
II -14
21.20.160 - Applications Deemed Approved ..............................
H-14
Chapter 21.22 - Parcel Maps and Final Maps ..................................
11-15
21.22.010 - Purpose of Chapter ...........................................
H-15
21.22.020 -Parcel Maps ................................................
H-15
21.22.030 - Waiver of Parcel Map ........................................
E-15
21.22.040 - Parcel Map Form and Content .................................
II -18
21.22.050 - Filing and Processing of Parcel Maps ..........................
U-18
21.22.060 - Parcel Map Approval ........................................
II -18
21.22.070 -Final Maps .................................................
H-18
21.22.080 - Final Map Form and Content .................................
II -19
21.22.090 - Filing and Processing of Final Maps ...........................
H-19
21.22.100 - Final Map Approval .........................................
II -19
21.22.110 - Supplemental Information Sheets ..............................
H-20
21.22.120 - Recordation of Maps .........................................
II -21
21.22.130 - Amendments to Recorded Maps ..............................
II -21
Chapter 21.24 - Condominiums and Condominium Conversion ................. II -23
21.24.010 - Purpose of Chapter .......................................... II -23
21.24.020 - Condominiums ...................................... . .... 11-23
21.24.030 - Condominium Conversions .................................. U-23
Chapter 21.26 - Lot Line Adjustments ........................................ U-27
21.26.010 - Purpose of Chapter .......................................... H-27
21.26.020 - Applicability ............................................... II -27
21.26.030 - Adjustment Application and Processing ........................ II -27
21.26.040 - Approval or Denial of Adjustment ............................. II -28
21.26.050 - Completion of Adjustment ................................... II -28
Chapter 21.28 - Certificates of Compliance .................................... II -31
21.28.010 - Purpose of Chapter .......................................... II -31
21.28.020 - Applicability ............................................... II -31
21.28.030 - Application Contents ........................................ II -31
21.28.040 - Review and Approval ........................................ II -31
21.28.050 - Conditional Certificates of Compliance ......................... II -32
ARTICLE III - Subdivision Design and Development
Chapter 21.30 - Subdivision Design and Improvement Requirements ............ III -3
21.30.010 - Purpose of Chapter ...........................................111-3
21.30.020 - Applicability of Design and Improvement Standards .............. III -3
21.30.030 - Access, Circulation, Streets .................................... III -4
21.30.040 - Energy Conservation .......................................... III -7
21.30.050 - Fire Hydrants ................................................ III -7
21.30.060 - Grading, Erosion, and Sediment Control ........................ III -8
21.30.070 - Landscaping ................................................. III -8
Diamond Bar Subdivision Ordinance Table of Contents
Hearing Draft - January 5,1999 Page 2
Contents
21.30.080- Major Structures ............... I............................. III -9
21.30.090 - Monuments ................................................. III -9
21.30.100 - Parcel and Block Design ....................................... III -9
21.30.110 - Public Utilities and Utility Easements .......................... III -11
21.30.120 - Residential Density .......................................... III -12
21.30.130 - Sewage Disposal ............................................ III -12
21.30.140 - Street Lighting .............................................. III -13
21.30.150 - Street Names ............................................... III -13
21.30.160 - Storm Drainage and Watercourses .............................III -13
21.30.170 - Traffic Safety Devices ........................................ III -14
21.30.180 - Water Supply ............................................... III -14
Chapter 21.32 - Dedications and Exactions .................................... III -17
21.32.010 - Purpose of Chapter .......................................... III -17
21.32.020 - Applicability .............. . . . .............................. III -17
21.32.030 - Findings Required for Dedications and Exactions ................III -17
21.32.040 - Park Land Dedications and Fees ............................... III -17
21.32.050 - Right -of -Way Dedications .................................... III -22
Chapter 21.34 - Improvement Plans and Agreements ........................... III -25
21.34.010 - Purpose of Chapter .......................................... III -25
21.34.020 - Improvement Plans .......................................... III -25
21.34.030 - Installation of Improvements .................................III -26
21.34.040 - Improvement Agreements and Security ........................III -27
Chapter 21.36 - Surveys and Monuments .....................................III -31
21.36.010 - Purpose of Chapter .......................................... III -31
21.36.020 - Survey Procedure and Practice ................................ III -31
21.36.030 - Monuments ................................................ III -31
21.36.040 - Survey Information on Final or Parcel Map ...................... III -33
ARTICLE IV - Subdivision Ordinance Definitions
Chapter 21.40 - Definitions ................................................ IV -3
21.40.010 - Purpose of Chapter .......................................... IV -3
21.40.020 - Definitions of Specialized Terms and Phrases .................. IV -3
Diamond Bar Subdivision Ordinance Table of Contents
Hearing Draft - January 5, 1999 Page 3
ARTICLE I
Purpose and Applicability
of Subdivision Ordinance
Chapter 21.01- Enactment and Applicability of Subdivision Ordinance ........... I-3
21.01.010-Title.........................................................I-3
21.01.020-Purpose......................................................I-3
21.01.030- Authority....................................................I-3
21.01.040 - Applicability................................................. I-3
21.01.050 - Compliance with other Regulations Required ..................... 1-4
21.01.060 - Conflicting Provisions ......................................... I-4
Chapter 21.02 - Administration of Subdivision Ordinance ........................ I-5
21.02.010 - Purpose of Chapter ............................................ 1-5
21.02.020 - Responsibility for Administration ............................... 1-5
21.02.030 - Advisory Agency ............................................. I-5
21.02.040 - Authority for Subdivision Decisions ............................. I-6
21.02.050- Enforcement..................................................1-6
Chapter 21.03 - Subdivision Map Approval Requirements ........................ I-9
21.03.010 - Purpose of Chapter ............................................ I-9
21.03.020 - Type of Subdivision Approval Required .......................... I-9
21.03.030 - Exemptions from Subdivision Approval Requirements ............ I-10
21.03.040 - Applications Deemed Approved ............................... 1-12
21.03.050 - Exceptions to Subdivision Standards ............................ I-12
21.03.060 - Application Fees ............................................. I-13
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2, 1999 I-1
Contents
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2, 1999 I-2
CHAPTER 21.01- ENACTMENT AND APPLICABILITY OF
SUBDIVISION ORDINANCE
Sections:
21.01.010 - Title
21.01.020 - Purpose
21.01.030 - Authority
21.01.040 - Applicability
21.01.050 - Compliance with other Regulations Required
22.01.060 - Conflicting Provisions
21.01.010 - Title
This Title shall be known as the City of Diamond Bar Subdivision Ordinance, hereafter
referred to as "this Title."
21.01.020 - Purpose
The provisions of this Title are intended to supplement, implement, and work with the
Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter
referred to as the "Map Act"). This Title is not intended to replace the Map Act, and must be
used in conjunction with the Map Act in the preparation of applications, and the review,
approval, and construction of proposed subdivisions.
21.01.030 - Authority
This Title is adopted in compliance with the Map Act as a "local ordinance," as the term is
used in the Map Act. All provisions of the Map Act and future amendments to the Map Act
not incorporated in this Title shall, nevertheless, apply to all subdivision maps and
proceedings under this Title.
21.01.040 - Applicability
A. Subdivision approval required. All subdivisions within the City shall be authorized
through the approval of a map or other entitlement in compliance with Chapter 21.03
(Subdivision Map Approval Requirements), and all other applicable provisions of this
Title.
B. Conflicts with Map Act. In the event of any conflicts between the provisions of this
Title and the Map Act, the Map Act shall control.
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2, 1999 I-3
Enactment and Applicability 21.01
21.01.050 - Compliance with other Regulations Required
The approval or conditional approval of a subdivision map shall not authorize or be deemed
to authorize an exception or deviation from any zoning regulation in Title 22 of the
Municipal Code (the Development Code), or as an approval to proceed with any
development in violation of other applicable provisions of the Municipal Code or other
applicable ordinances or regulations of the City.
21.01.060 - Conflicting Provisions
In the event of any conflict between the provisions of this Title and the Map Act, the Map Act
shall control. In the event of any conflict between the provisions of this Title and Title 22 of
the Municipal Code (the Development Code), or between this Title and other provisions of
the Municipal Code, the most restrictive provision shall control.
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2, 1999 I-4
CHAPTER 21.02 - ADMINISTRATION OF SUBDIVISION
ORDINANCE
Sections:
21.02.010 - Purpose of Chapter
21.02.020 - Responsibility for Administration
21.02.030 - Advisory Agency
21.02.040 - Authority for Subdivision Decisions
21.02.050 - Enforcement
21.02.010 - Purpose of Chapter
This Chapter assigns the responsibility and authority for the administration and enforcement
of this Title, and the processing, review, approval or disapproval of the subdivision
applications required by this Title.
21.02.020 - Responsibility for Administration
The Deputy City Manager responsible for Community and Development Services, hereafter
referred to as the 'Director," is authorized and directed to administer and enforce the
provisions of this Title and applicable provisions of the Map Act for subdivisions within the
City, except as otherwise provided by this Title.
21.02.030 - Advisory Agency
An advisory agency as described in the Map Act is hereby established, and shall be assigned
authority and duties as provided by this Section.
A. Composition of advisory agency. The advisory agency shall be the Planning
Commission, hereafter referred to as the "Commission," as determined by Section
21.02.040 (Authority for Subdivision Decisions).
B. Authority and duties. The advisory agency shall:
Recommend to the City Council, hereafter referred to as the "Council" the
approval, conditional approval, or disapproval of all Tentative Maps, and
requests made to modify the design and improvement standards of this Title in
compliance with Section 21.03.050 (Exceptions to Subdivision Standards);
2. Recommend modifications of the requirements of this Title;
3. Review and make recommendations concerning proposed subdivisions in the
unincorporated areas of Los Angeles County in compliance with the provisions
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2, 1999 I-5
Administration of Subdivision Ordinance
21.02
of the Map Act when the advisory agency (Los Angeles County) requests such
review;
4. Approve, conditionally approve, or disapprove Parcel Map waiver applications
in compliance with Section 21.22.030 (Waiver of Parcel Map); and
5. Perform additional duties and exercise additional authorities as prescribed by law
and by this Title.
21.02.040 - Authority for Subdivision Decisions
Table 1-1 (Authority for Subdivision Decisions) identifies the City official or authority
responsible for reviewing and making decisions on each type of subdivision application and
other decision required by this Title.
TABLE 1-1
AUTHORITY FOR SUBDIVISION DECISIONS
Type of Subdivision Application
or Decision
Rolesof Review A0, ri
Director
commission
council
Certificates of Compliance
Decision
Appeal
Appeal
Conditional Certificates of Compliance
Decision
A eal
A eal
Lot Line Adjustments
Decision
A eal
Appeal
Parcel Map Waivers
Recommend
Recommend
Decision
Tentative Mas
Recommend
Recommend
Decision
Tentative Map Time Extensions
Recommend
Recommend
Decision
Parcel and Final Mas
Recommend
Decision
21.02.050 - Enforcement
A. Notice of Violation. Any City officer or employee who has knowledge that a real
property has been divided in violation of the Map Act or this Title, shall immediately
notify the Director. Upon receipt of the information, the Director shall file a notice in
compliance with the Map Act. The Director shall also schedule a hearing before the
Commission for the purpose of determining whether a final notice of violation shall
be recorded in compliance with the Map Act. The owner of the real property shall be
notified of the time, date, and place of the hearing, of his/her right to present evidence
at the hearing, and shall be advised that if the Commission determines a violation to
have occurred, a final notice of violation shall be recorded no sooner than 60 days
following receipt by the property owner of a copy of the first recorded notice. The
decision of the Commission may be appealed to the Council.
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2,1999 1-6
Administration of Subdivision Ordinance
21.02
B. Permit issuance prohibited. No commission, officer, or employee of the City shall
issue any certificate or permit, or grant any approval necessary to develop any real
property within the City if it is known or suspected that the property was divided, or
resulted from a division, in violation of the provisions of the Map Act or this Title.
Diamond Bar Subdivision Ordinance
February 2, 1999
Article I - Purpose and Applicability
I-7
Administration of Subdivision Ordinance 21.02
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2, 1999 I-8
CHAPTER 21.03 - SUBDIVISION MAP APPROVAL
REQUIREMENTS
Sections:
21.03.010 - Purpose of Chapter
21.03.020 - Type of Subdivision Approval Required
21.03.030 - Exemptions from Subdivision Approval Requirements
21.03.040 - Applications Deemed Approved
21.03.050 - Exceptions to Subdivision Standards
21.03.060 - Application of Fees
21.03.010 - Purpose of Chapter
This Chapter determines when City approval of a Tentative Map, Parcel or Final Map is
required.
21.03.020 - Type of Subdivision Approval Required
Any subdivision of an existing parcel into two or more parcels shall require approval by the
City in compliance with the provisions of this Title except as otherwise provided in this
Chapter. In general, the procedure for subdivision first requires the approval of a Tentative
Map, and then the approval of a Parcel Map or Final Map to complete the subdivision
process. The Tentative Map review process is used to evaluate the compliance of the
proposed subdivision with the standards of this Title, and the appropriateness of the
proposed subdivision design. Parcel and Final Maps are precise engineering documents that
detail the location and dimensions of all parcel boundaries in an approved subdivision and,
after approval, are recorded in the office of the County Recorder.
A. Tentative Map requirements. Map Act Section 66426 requires that any subdivision
or resubdivision of land shall require the filing and approval of a Tentative Map (see
Chapter 21.20, Tentative Map Filing and Processing), except as otherwise provided by
Section 21.03.030 (Exemptions from Subdivision Approval Requirements), and except
for the following, which shall require the filing and approval of a Parcel Map without
a Tentative Map:
1. The original, unsubdivided parcel contains less than five acres, each proposed
parcel abuts upon a maintained public street, and no dedications or
improvements are required by this Title; or
2. Each parcel created by the division has a gross area of 20 acres or more and has
approved access to a maintained public street; or
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2, 1999 I-9
Subdivision Map Approval Requirements
21.03
3. The parcel(s) have approved access to a public street which comprises part of a
tract of land zoned for industrial or commercial development, and which has City
approval for street alignments and widths; or
4. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of
a quarter Section; or
5. Until January 1, 2003, the land being subdivided is solely for the creation of an
environmental subdivision in compliance with Map Act Section 66418:2.
B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as
follows:
1. Parcel Map. The filing and approval of a Parcel Map (Chapter 21.22) shall be
required for a subdivision creating four or fewer parcels, with or without a
designated remainder in compliance with Chapter 1, Article 2 of the Map Act,
except for the following subdivisions:
a. Public agency or utility conveyances. Any conveyance of land, including a
fee interest, an easement, or a license, to a governmental agency, public
entity, public utility or a subsidiary of a public utility for rights-of-way,
unless the Director determines based on substantial evidence that public
policy necessitates a Parcel Map in an individual case;
b. Rail right-of-way leases. Subdivisions of a portion of the operating right-of-
way of a railroad corporation as defined by Section 230 of the California
Public Utilities Code, which are created by short-term leases (terminable by
either party on not more than 30 days' notice in writing); or
c. Waived Parcel Map. A subdivision that has been granted a waiver of Parcel
Map requirements in compliance with Section 21.22.030 (Waiver of Parcel
Map).
2. Final Map. The filing and approval of a Final Map (Chapter 21.22) shall be
required for a subdivision of five or more parcels; except where a Parcel Map
without a Tentative Map is instead required by Subsection A. above (Tentative
Map Requirements).
21.03.030 - Exemptions from Subdivision Approval Requirements
As provided by Article 1, Chapter 1 of the Map Act, the following subdivisions do not
require the filing or approval of Tentative, Parcel or Final Maps.
A. Agricultural leases. Leases of agricultural land for the cultivation of food or fiber, or
the grazing or pasturing of livestock.
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2, 1999 I-10
Subdivision Map Approval Requirements
21.03
B. Cellular antenna facilities. The leasing or licensing of a portion of a parcel, or the
granting of an easement, Use Permit, or similar right on a portion of a parcel, to a
telephone corporation as defined in Public Utilities Code Section 234, exclusively for
the placement and operation of cellular radio transmission facilities, including antenna
support structures, microwave dishes, structures to house cellular communications
transmission equipment, power sources, and other incidental equipment.
C. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.
D. Commercial/industrial financing or leases. The financing or leasing of:
1. Offices, stores or similar spaces within commercial or industrial buildings;
existing separate commercial or industrial buildings on a single parcel; or
2. The financing or leasing of any parcel or portion of a parcel, in conjunction with
the construction of commercial or industrial buildings on the same site, if Article
II of the Development Code (Zoning Districts and Allowable Land Uses) requires
a Use Permit for the project, or Chapter 22.48 of the Development Code requires
Development Review.
E. Condominium conversions. The conversion of:
1. A community apartment project or a stock cooperative to condominiums, if the
conversion satisfies the requirements of Map Act Sections 66412(8) or 66412(h),
respectively; or
2. The conversion of certain mobile home parks to condominiums as provided by
Map Act Section 66428(b).
F. Lot Line Adjustments. A Lot Line Adjustment processed in compliance with Chapter
21.26.
G. Mineral leases. Mineral, oil or gas leases.
H. Public agency or utility conveyances. Any conveyance of land, including a fee
interest, an easement, or a license, to a governmental agency, public entity, public
utility or a subsidiary of a public utility for rights-of-way.
I. Rail right-of-way leases. Short-term leases (terminable by either party on not more
than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad
corporation as defined by Section 230 of the California Public Utilities Code, unless the
Director determines in an individual case, based on substantial evidence, that public
policy necessitates the application of the subdivision regulations of this Title to the
short-term lease.
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2,1999 1-11
Subdivision Map Approval Requirements
21.03
J. Small, removable commercial buildings. Subdivisions of four parcels or less for the
construction of removable commercial buildings having a floor area of less than 100
square feet.
K. Residential financing or leases. The financing or leasing of: apartments, or similar
spaces within apartment buildings, mobile home parks or trailer parks; or "granny"
units or residential second units in compliance with Government Code Sections
65852.1 or 65852.2, respectively.
L. Separate assessments. Any separate assessment under Section 2188.7 of the Revenue
and Taxation Code.
M. Wind energy conversion systems (WECS). The leasing of, or granting of an easement
to a parcel or portion of a parcel in conjunction with the financing, installation, and
sale or lease of a WECS, if the project is subject to discretionary action by the City.
21.03.040 - Applications Deemed Approved
Any subdivision application deemed approved in compliance with Section 65956 of the
Government Code or Article 2 of Chapter 3 of the Map Act (Government Code Sections
66452 et seq.), shall be subject to all applicable provisions of this Title which shall be satisfied
by the subdivider before any Building Permits or land use permits are issued. Parcel or Final
Maps filed for record after their Tentative Map is deemed approved shall remain subject to
all the mandatory requirements of this Title and the Map Act, including but not limited to
Government Code Sections 66473, 66473.5 and 66474.
21.03.050 - Exceptions to Subdivision Standards
An exception to any of the provisions of this Title may be requested by a subdivider in
compliance with this Section. An exception shall not be used to waive or modify provisions
of the Map Act, or any provision of this Title that is duplicated or paraphrased from the Map
Act.
A. Application. An application for an exception shall be submitted on forms provided
by the Department together with the required filing fee. The application shall include
a description of each standard and requirement for which an exception is requested,
together with the reasons why the subdivider believes the exception is justified.
B. Filing and processing. A request for an exception may be filed with the Tentative Map
application to which it applies, or after approval of the Tentative Map. An exception
shall be processed and acted upon in the same manner as the Tentative Map,
concurrently with the Tentative Map if the exception request was filed at the same
time. The approval of an exception shall not constitute approval of the Tentative Map
and shall not extend the time limits for expiration of the map established by Section
21.20.150 (Expiration of Approved Tentative Map).
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2, 1999 I-12
Subdivision Map Approval Requirements 21.03
C. Approval of exception. The Council shall not grant an exception unless all the
following findings are first made:
1. There are exceptional or extraordinary circumstances or conditions applicable to
the proposed subdivision, including size, shape, topography, location, or
surroundings;
2. The exceptional or extraordinary circumstances or conditions are not due to any
action of the subdivider subsequent to the enactment of this Title;
3. The exception is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the vicinity and zoning district and
denied to the proposed subdivision;
4. Granting the exception will not be materially detrimental to the public welfare nor
injurious to the property or improvements in the vicinity and zoning district in
which the property is located; and
5. The exception will not affect the consistency of the proposed subdivision with the
General Plan or any applicable Specific Plan.
In granting an exception, the review authority shall secure substantially the same
objectives of the regulations for which the exception is requested and shall impose
whatever conditions it deems necessary to protect the public health, safety, general
welfare and convenience, and to mitigate any environmental impacts in compliance
with CEQA.
21.03.060 - Application Fees
The Council shall, by resolution, establish a schedule of fees for the subdivision applications
required by this Title. The schedule of fees may be changed or modified from time -to -time
by resolution of the Council. The City's processing fees are cumulative. For example, if an
application for a Lot Line Adjustment also requires a Variance in compliance with Title 22
of the Municipal Code (Development Code), both fees will be charged. Processing shall not
commence on any application until all required fees/deposits have been paid.
Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability
February 2,1999 I-13
ARTICLE II
Subdivision Review Procedures
Chapter 21.20 - Tentative Map Filing and Processing ........................... II -3
21.20.010 - Purpose
of Chapter ......................................
21.20.020 - Tentative Map Preparation, Application Contents ................
11-3
U-3
21.20.030 - Tentative Map Filing, Initial Processing ......................
U-3
21.20.040 - Evaluation of Application ...............................
11-5
21.20.050 - Commission Review and Decision ..............................
H-5
21.20.060 - Council Review and Decision
H-6
..................................
21.20.070 - Tentative Map Public Hearings .............................
II -6
21.20.080 - Tentative Map Approval or Disapproval ........................
11-7
21.20.090 - Conditions of Approval ...................................
11-8
21.20.100 - Effective Date of Tentative Map Approval .......................
II -9
21.20.110 - Changes to Approved Tentative Map or Conditions .............
II -10
21.20.120 - Completion of Subdivision Process ............................
II -11
21.20.130 - Vesting Tentative Maps ......................................
II -11
21.20.140 - Expiration of Approved Tentative Map .........................
11-13
21.20.150 - Extensions of Time for Tentative Maps .........................
II -14
21.20.160 - Applications Deemed Approved ..............................
11-14
Chapter 21.22 - Parcel Maps and Final Maps .................................. H-15
21.22.010 - Purpose of Chapter .......................................... R-15
21.22.020 - Parcel Maps ................................................ II -15
21.22.030 - Waiver of Parcel Map ........................................ II -15
21.22.040 - Parcel Map Form and Content................................ II -18
21.22.050 - Filing and Processing of Parcel Maps .......................... II -18
21.22.060 - Parcel Map Approval ........................................ II -18
21.22.070 - Final Maps ............................................ II -18
21.22.080 - Final Map Form and Content ................................. H-19
21.22.090 - Filing and Processing of Final Maps ........................... II -19
21.22.100 - Final Map Approval .........................................
21.22.110 - Supplemental Information Sheets .............................. II -20
21.22.120 - Recordation of Maps ......................................... II -21
21.22.130 - Amendments to Recorded Maps .............................. II -21
Chapter 21.24 - Condominiums and Condominium Conversion ................. II -23
21.24.010 - Purpose of Chapter .......................................... H-23
21.24.020 - Condominiums ........................................... II -23
21.24.030 - Condominium ConversionsII-23
...............
Chapter 21.26 - Lot Line Adjustments ........................................ II -27
21.26.010 - Purpose of Chapter ....................................... 11-27
21.26.020'- Applicability ............................................... II -27
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -1
Contents
21.26.030 - Adjustment Application and Processing ........................ II -27
21.26.040 - Approval or Denial of Adjustment ............................. II -28
21.26.050 - Completion of Adjustment ................................... II -28
Chapter 21.28 - Certificates of Compliance .................................... 11-31
21.28.010 - Purpose of Chapter .......................................... II -31
21.28.020 - Applicability ............................................... II -31
21.28.030 - Application Contents ......................................... II -31
21.28.040 - Review and Approval ........................................ II -31
21.28.050 - Conditional Certificates of Compliance ......................... II -32
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -2
CHAPTER 21.20 - TENTATIVE MAP FILING AND
PROCESSING
Sections:
21.20.010 - Purpose of Chapter
21.20.020 - Tentative Map Preparation, Application Contents
21.20.030 - Tentative Map Filing, Initial Processing
21.20.040 - Evaluation of Application
21.20.050 - Commission Review and Decision
21.20.060 - Council Review and Decision
21.20.070 - Tentative Map Public Hearings
21.20.080 - Tentative Map Approval or Disapproval
21.20.090 - Conditions of Approval
21.20.100 - Effective Date of Tentative Map Approval
21.20.110 - Changes to Approved Tentative Map or Conditions
21.20.120 - Completion of Subdivision Process
21.20.130 - Vesting Tentative Maps
21.20.140 - Expiration of Approved Tentative Map
21.20.150 - Extensions of Time for Tentative Maps
21.20.160 - Applications Deemed Approved
21.20.010 - Purpose of Chapter
This Chapter establishes requirements for the preparation, filing, approval or disapproval
of Tentative Maps, consistent with the requirements of the Map Act.
21.20.020 - Tentative Map Preparation, Application Contents
Tentative Map submittal shall include the application forms, and all information and other
materials prepared as required by the Department.
21.20.030 - Tentative Map Filing, Initial Processing
A. General filing and processing requirements. Tentative Map applications shall be
submitted to the Department for processing, be reviewed for completeness and
accuracy, referred to affected agencies, reviewed in compliance with the California
Environmental Quality Act (CEQA) where applicable, and evaluated in a staff report
in compliance with Chapter 22.44 (Applications, Processing, and Fees) of the
Development Code.
B. Property owner list. In addition to the information and materials required for a
Tentative Map application by Subsection A., above, the subdivider shall file a list,
certified to be correct by an affidavit or by a statement made under penalty of perjury
in compliance with Code of Civil Procedure Section 2015.5, of the names and addresses
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -3
Tentative Map Filing and Processing
21.20
of all persons who are shown on the latest Los Angeles County equalized assessment
role as owners of the site proposed for subdivision, and all real property within a
distance of 500 feet from the exterior boundaries of the site. The subdivider shall also
file a map, in the form required by the Department, showing the location of each
ownership represented on the list of owners.
C. Referral to affected agencies. In addition to the procedures outlined in Chapter 22.44
(Applications, Processing, and Fees) of the Development Code, a Tentative Map
application shall be referred to the agencies outlined in this Subsection as required by
the Map Act, as well as any other City department, County, State or Federal agency,
or other individual or group that the Director believes may be affected by the
subdivision, or may have information useful to the City about issues raised by the
proposed subdivision.
1. Time limits for referrals. As required by Map Act Sections 66453 through
66455.7, referral shall occur within five days of the Tentative Map application
being determined to be complete in compliance with Section 22.44.050 (Initial
Application Review - Completeness Review) of the Development Code. An
agency wishing to respond to a referral shall provide the Department with its
recommendations within 15 days after receiving the Tentative Map application.
2. Required referrals. The Director shall refer Tentative Map applications for
review and comment to each of the following agencies, which will be expected to
provide service to the proposed subdivision.
a. Caltrans. The California Department of Transportation shall be referred any
Tentative Map located within an area shown on a territorial map filed with
the City in compliance with Map Act Section 66455.
b. Fire Department. The Fire Department shall be referred any Tentative Map,
Conditional Certificate of Compliance, or Lot Line Adjustment.
c. Other cities and local agencies. Other cities and other local agencies, shall
be referred any Tentative Map or Conditional Certificate of Compliance
application that is located within the area shown on a territorial map filed
with the City in compliance with Map Act Section 66453, and within three
miles of their official boundaries.
d. Public utilities, water and sewer agencies. Public utility companies and
other service agencies which will be expected to provided service to the
proposed subdivision, including providers of gas, electrical, telephone, and
cable television services, shall be referred any Tentative Map or Conditional
Certificate of Compliance within their respective jurisdictions.
g. Public Works Department. The Public Works Department shall be referred
all Tentative Maps, Conditional Certificates of Compliance, and Lot Line
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -4
Tentative Map Filing and Processing
21.20
Adjustments, for review and comment regarding proposed easements, public
improvements, streets, and other relevant issues.
h. School districts. Tentative Maps shall be referred to the governing board of
any elementary, middle school, high school, or unified school district within
which the property to be subdivided is located.
i. State Department of Education. The State Department of Education shall be
notified of any Tentative Map that includes a proposed public school site.
Along with the subdivision application referral, the Department shall include
notification that if no written response to the referral is received within 15
calendar days of receipt by the Department, the City shall presume that no
recommendations or comments are forthcoming.
21.20.040 - Evaluation of Application
After completion of the initial processing and the application being deemed complete in
compliance with Section 22.44.050 of the Development Code, the Director shall:
A. Review and evaluate each Tentative Map as to its compliance and consistency with
applicable provisions of this Title, the Development Code, the General Plan, any
applicable Specific Plan, and the Map Act;
B. Determine the extent to which the proposed subdivision complies with the findings
in Section 21.20.080 (Tentative Map Approval or Disapproval), and recommend to the
Commission the approval, approval with specified conditions, or disapproval of the
Tentative Map application; and
C. Prepare a staff report to the Commission in compliance with Section 21.20.070
(Tentative Map Public Hearings), describing the conclusions of the Director's.
evaluation, and providing recommendations for Commission approval or disapproval
of the proposed subdivision.
21.20.050 - Commission Review and Decision
After review of a Tentative Map application by the Director, (Section 21.20.040, above), the
Commission shall be responsible for the following:
A. Hearing and review. The Commission shall:
1. Conduct a public hearing on a proposed Tentative Map, and shall consider the
Director's recommendations, and any agency providing comments on the
Tentative Map in compliance with Section 21.20.030.0 (Tentative Map Filing,
Initial Processing). The public hearing shall be scheduled and notice provided in
compliance with Section 21.20.070 (Tentative Map Public Hearings); and
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -5
Tentative Map Filing and Processing
21.20
2. Review and evaluate each Tentative Map as to its compliance and consistency
with applicable provisions of this Title, the Development Code, the General Plan,
any Specific Plan, and the Map Act. The Commission's evaluation shall be based
on the staff report (Section 21.20.040), information provided by an initial study or
environmental impact report (EIR), where applicable, and any public testimony
received.
B. Recommendations to Council. Within 50 days of the Tentative Map application being
deemed complete, the Commission shall determine the extent to which the proposed
subdivision complies with the findings in Section 21.20.080 (Tentative Map Approval
or Disapproval), and shall recommend to the Council the approval, approval with
specified conditions, or disapproval of the Tentative Map. Any recommended
conditions of approval shall comply with Section 21.20.090 (Conditions of Approval).
21.20.060 - Council Review and Decision
After receiving a recommendation on a Tentative Map from the Commission, the Council
shall:
A. Conduct a public hearing on a proposed Tentative Map in compliance with Section
21.20.070 (Tentative Map Public Hearings), and consider the recommendations of the
Commission and any public testimony; and
B. Within 30 days after the filing of the report and recommendation of the Commission
with the Council, approve, conditionally approve or disapprove the Tentative Map.
Approval or conditional approval of a Tentative Map shall be granted only after the Council
has first made all findings required by Section 21.20.080 (Tentative Map Approval or
Disapproval). The Council may impose conditions of approval in compliance with Section
21.20.090 (Conditions of Approval).
21.20.070 - Tentative Map Public Hearings
When a public hearing is required by this Title for a Tentative Map, the hearing shall be
scheduled and conducted in compliance with this Section, in addition to public notice being
provided in compliance with Chapter 22.72 (Public Hearings) of the Development Code.
A. Scheduling of hearing, action. A public hearing on a Tentative Map shall be
scheduled and action shall be taken, within the following time limits. A public hearing
on a Tentative Map shall be scheduled and action shall be taken with 50 days after the
Tentative Map application has been deemed complete. A hearing by the Council shall
be scheduled within 30 days after the filing of the Commission report and
recommendation on a Tentative Map with the Council, or within 30 days after the
certification of an environmental impact report, adoption of a negative declaration, or
a determination by the City that the project is exempt from the requirements of CEQA,
whichever is later.
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2,1999 II -6
Tentative Map Filing and Processing
21.20
B. Distribution of staff report. The staff report on the Tentative Map shall be mailed to
the subdivider (and each tenant of the subject property, in the case of a condominium
conversion (Chapter 21.24) at least 3 days before any hearing or action on the Tentative
Map by the Commission or Council.
21.20.080 - Tentative Map Approval or Disapproval
In order to approve a Tentative Map and conditions of approval, or to disapprove a Tentative
Map, the review authority shall first make the findings required by this Section. In
determining whether to approve a Tentative Map, the City shall apply only those ordinances,
policies, and standards in effect at the date the Department determined that the application
was complete in compliance with Section 21.20.030 (Tentative Map Filing, Initial Processing),
except where the City has initiated General Plan, Specific Plan or Development Code
changes, and provided public notice as required by Map Act Section 66474.2.
A. Required findings for approval. The Commission may recommend approval, and the
Council may approve a Tentative Map, only when it shall first find that the proposed
subdivision, together with the provisions for its design and improvement, is consistent
with the General Plan, and any applicable Specific Plan, and that none of the findings
for disapproval in Subsection C. can be made. The findings shall apply to each
proposed parcel as well as the entire subdivision, including any parcel identified as a
designated remainder in compliance with Map Act Section 66424.6.
B. Supplemental findings. In addition to the findings required for approval of a
Tentative Map by Subsection A. above, the review authority shall not approve a
Tentative Map unless it can also make the following findings, when they are applicable
to the specific subdivision proposal.
1. Construction of improvements. It is in the interest of the public health and safety,
and it is necessary as a prerequisite to the orderly development of the
surrounding area, to require the construction of road improvements within a
specified time after recordation of the Parcel Map, where road improvements are
required.
2. Condominiums. Any applicable findings required by Section 21.24.030 for
condominium conversions.
3. Dedications or exactions. Any applicable findings required by Section 21.32.030
(Findings Required for Dedications or Exactions), if dedications or exactions are
required.
4. Waiver of Parcel Map. The findings required by Section 21.22.030 (Waiver of
Parcel Map), if waiver of a Parcel Map has been requested with the Tentative Map
application.
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C. Findings requiring disapproval. A Tentative Map shall be denied if the Council
makes any of the following findings:
1. The proposed subdivision including design and improvements is not consistent
with the General Plan or any applicable Specific Plan;
2. The site is not physically suitable for the type or proposed density of
development,
3. The design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or injure fish or wildlife or their habitat;
4. The design of the subdivision or type of improvements is likely to cause serious
public health or safety problems;
5. The design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large for access through or use of, property
within the proposed subdivision. This finding may not be made is the review
authority finds that alternate easements for access or use will be provided, and
that they will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record, or to easements
established by judgement of a court of competent jurisdiction, and no authority
is hereby granted to the review authority to determine that the public at large has
acquired easements of access through or use of property within the proposed
subdivision;
6. The discharge of sewage from the proposed subdivision into the community
sewer system would result in violation of existing requirements prescribed by the
California Regional Water Quality Control Board;
7. A preliminary soils report or geological hazard report indicates adverse soil or
geological conditions and the subdivider has failed to provide sufficient
information to the satisfaction of the City Engineer or Council that the conditions
can be corrected in the plan for the development; or
S. The proposed subdivision is not consistent with all applicable provisions of this
Title, the Development Code, any other applicable provisions of the Municipal
Code, and the Subdivision Map Act.
21.20.090 - Conditions of Approval
Along with the approval of a Tentative Map, the adoption of conditions of approval shall
occur in compliance with this Section, provided that all conditions shall be consistent with
the requirements of the Map Act.
A. Mandatory conditions. The review authority shall adopt conditions of approval that
will:
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Require that parcels, easements or rights-of-way be provided for streets, water
supply and distribution systems, sewage disposal systems, storm drainage
facilities, solid waste disposal,. and public utilities providing electric, gas and
communications services, as may be required to properly serve the subdivision.
Easements for public utilities shall be limited to those needed to provide service
to present and future development;
2. Mitigate or eliminate environmental problems identified through the
environmental review process, except where a Statement of Overriding
Consideration has been adopted in compliance with CEQA;
Carry out the specific requirements of Chapters 21.30 (Subdivision Design and
Improvement Requirements) and Chapter 21.34 (Improvement Plans and
Agreements) of this Title;
4. Secure compliance with the requirements of this Title and the General Plan; and
5. Require that any designated remainder parcels not be subsequently sold or
further subdivided unless a certificate or conditional certificate of compliance
(Chapter 21.28) is obtained in compliance with this Title.
6. Require the dedication of additional land for bicycle paths, local transit facilities,
(including bus turnouts, benches, shelters, etc.), sunlight easements, and school
sites, in compliance with Map Act Chapter 4, Article 3, where required by the
General Plan;
B. Optional conditions. The review authority may also require as conditions of
approval:
The waiver of direct access rights to any existing or proposed streets;
2. The reservation of sites for public facilities, including fire stations, libraries, and
other public uses in compliance with Map Act Chapter 4, Article 4;
3. Time limits or phasing schedules for the completion of conditions of approval,
when deemed appropriate; or
4. Any other conditions deemed necessary by the review authority to achieve
compatibility between the proposed subdivision, its immediate surroundings, and
the community, or to achieve consistency with City ordinances or state law.
21.20.100 - Effective Date of Tentative Map Approval
The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or
Final Map, including compliance with conditions of approval, immediately after the
adoption of the resolution of decision by the Council.
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21.20.110 - Changes to Approved Tentative Map or Conditions
A subdivider may request changes to an approved Tentative Map or its conditions of
approval before recordation of a Parcel or Final Map in compliance with this Section.
Changes to a Parcel or Final Map after recordation are subject to Section 21.22.140
(Amendments to Recorded Maps).
A. Limitation on allowed changes. Changes to a Tentative Map that may be requested
by a subdivider in compliance with this Section include major adjustments to the
location of proposed lot lines and improvements, and reductions in the number of
approved lots (but no increase in the number of approved lots), and any changes to the
conditions of approval, consistent with the findings required by Subsection D. of this
Section. Other changes shall require the filing and processing of a new Tentative Map.
B. Application for changes. The subdivider shall file an application and filing fee with
the Department, using the forms furnished by the Department, together with the
following additional information:
A statement identifying the Tentative Map number, the features of the map or
particular conditions to be changed and the changes requested, the reasons why
the changes are requested, and any facts that justify the changes; and
2. Any additional information deemed appropriate by the Department.
C. Processing. Proposed changes to a Tentative Map or conditions of approval shall be
processed in the same manner as the original Tentative Map, except as otherwise
provided by this Section.
D. -Findings for approval. The review authority shall not modify the approved Tentative
Map or conditions of approval unless it shall first find that the change is necessary
because of one or more of the following circumstances, and that all of the applicable
findings for approval required by Sections 21.20.080.A and B. can still be made:
There was a material mistake of fact in the deliberations leading to the original
approval;
There has been a change of circumstances related to the original approval; and
3. A serious and unforeseen hardship has occurred, not due to any action of the
applicant subsequent to the enactment of this Title.
E. Effect of changes on time limits. Approved changes to a Tentative Map or conditions
of approval shall not be considered as approval of a new Tentative Map, and shall not
extend the time limits provided by Section 21.20.150 (Expiration of Approved Tentative
Map).
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2. Findings for approval. The approval of a Vesting Tentative Map shall not be
granted unless the review authority first determines that the intended
development of the subdivision is consistent with the zoning regulations
applicable to the property at the time of filing, in addition to all other findings
required for Tentative Map approval by Section 21.20.080 (Tentative Map
Approval or Disapproval).
C. Expiration of Vesting Tentative Map. An approved Vesting Tentative Map shall be
subject to the same time limits for expiration as are established for Tentative Maps by
Sections 21.20.140 et seq. (Tentative Map Time Limits).
D. Changes to approved map or conditions. The subdivider may apply for an
amendment to the Vesting Tentative Map or conditions of approval at any time before
the expiration of the Vesting Tentative Map. An amendment request shall be
considered and processed through the same procedures as a new application, in
compliance with this Section and pursuant to the provisions of the Subdivision Map
Act Section 66498.2.
E. Development rights vested.
1. The approval of a Vesting Tentative Map shall confer a vested right to proceed
with development of the subdivided lots in substantial compliance with the
ordinances, policies and standards (excluding fees) as provided in Map Act
Section 66498.1.
2. If Map Act Section 66498.1 is repealed, approval of a Vesting Tentative Map shall
confer a vested right to proceed with development in substantial compliance with
the ordinances, policies and standards in effect at the time the map is approved
or conditionally approved.
Subsequent land use permits, building permits, extensions of time or other
entitlements filed on parcels created by the subdivision may be conditioned or
denied only if the review authority determines that:
a. A failure to do so would place the residents of the subdivision or the
immediate community, or both, in a condition dangerous to their health or
safety, or both; or
b. The condition or denial is required, in order to comply with state or federal
law.
4. Fees charged for building or land use permits, filed after the approval of a Vesting
Tentative Map shall be as required at the time the subsequent permit applications
are filed, including any related utility or development impact fees (e.g.,
sewer /water hookup fees, traffic mitigation fees, etc.). Application contents shall
be as required by ordinance requirements in effect at the time the subsequent
application is filed.
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21.20.120 - Completion of Subdivision Process
A. Compliance with conditions, improvement plans. After approval of a Tentative Map
pursuant to this Chapter, the subdivider shall proceed to fulfill the conditions of
approval within any time limits specified by the conditions and the expiration of the
map and, where applicable, shall prepare, file and receive approval of improvement
plans pursuant to Chapter 21.34 (Improvement Plans and Agreements, Dedications),
before constructing any required improvements.
B. Parcel or Final Map preparation, filing and recordation.
A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed,
processed and recorded as set forth in Chapter 21.22 (Parcel Maps and Final
Maps), to complete the subdivision, unless a Parcel Map has been waived in
compliance with Section 21.22.030 (Waiver of Parcel Map).
2. A Final Map for a subdivision of five or more parcels shall be prepared, filed,
processed and recorded as set forth in Chapter 21.22 (Parcel Maps and Final
Maps), to complete the subdivision.
21.20.130 - Vesting Tentative Maps
This Section establishes procedures to implement the Vesting Tentative Map requirements
of state law, Sections 66498.1 et seq. of the Map Act.
A. Applicability. Whenever this Title requires that a Tentative Map be filed, a Vesting
Tentative Map may instead be filed, provided that the Vesting Tentative Map is
prepared, filed and processed in compliance with this Section. A Vesting Tentative
Map may be filed for either residential, commercial or industrial developments.
B. Procedures for processing a Vesting Tentative Map. A Vesting Tentative Map shall
be filed in the same form, have the same contents and accompanying data and reports
and, shall be processed in the same manner as set forth by this Chapter as a Tentative
Map, except as follows.
1. Application content. The Vesting Tentative Map shall include the following
information in addition to that required by Section 21.20.020 (Tentative Map
Preparation, Contents):
a. Title. The Vesting Tentative Map shall be prepared with the words "Vesting
Tentative Map" printed conspicuously on its face; and
b. Intended development. The Vesting Tentative Map application shall include
accurately drawn, preliminary floor plans and architectural elevations for all
buildings and structures intended to be constructed on the property after
subdivision.
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F. Duration of vested rights. The development rights vested by this Section shall expire
if a Parcel Map or Final Map is not approved before the expiration of the Vesting
Tentative Map in compliance with Sections 21.20.140 et seq. (Tentative Map Time
Limits). If the Parcel or Final Map is approved and recorded, the development rights
shall be vested for the following periods of time.
An initial time period of 24 months from the date of recordation of the Parcel or
Final Map. Where several Final Maps are recorded on various phases of a project
covered by a single Vesting Tentative Map, this initial time period shall begin for
each phase when the Final Map for that phase is recorded.
2. The initial 24 months shall be automatically extended by any time used for
processing a complete application for a grading permit or for design or
architectural review, if processing exceeds 30 days from the date the application
is accepted for processing as complete.
3. The subdivider may apply for a one-year extension at any time before the initial
24 months expires. Application for an extension shall be submitted to the
Department and shall be accompanied by the required fee. The Council shall
approve or not approve any request for extension.
4. If the subdivider submits a complete application for a building permit during the
periods of time specified in Subsections F.1 and F.2 above, the vested rights shall
continue until the expiration of the building permit, or any extension of that
permit.
21.20.140 - Expiration of Approved Tentative Map
The expiration date of a Tentative Map is determined by Map Act Sections 66452.6,66452. 11,
66452.13, and 66463.5. An approved Tentative Map is valid for 36 months after its effective
date (Section 21.20.100). At the end of that time, the approval shall expire and become void
unless:
A. A Parcel or Final Map, and related bonds and improvement agreements, have been
filed with the City Engineer in compliance with Chapter 21.22 (Parcel Maps and Final
Maps); or
B. An extension of time has occurred in compliance with Section 21.20.1650.
Expiration of an approved Tentative Map or vesting Tentative Map shall terminate all
proceedings. The application shall not be reactivated unless a new Tentative Map
application is filed.
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21.20.150 - Extensions of Time for Tentative Maps
When a subdivider has not completed all Tentative Map conditions of approval and filed a
Parcel or Final Map with the City within the time limits established by Section 21.20.140, time
extensions may be granted in compliance with this Section. Extension requests shall be in
writing and shall be filed with the Department on or before the date of expiration of the
approval or previous extension, together with the required filing fee.
A. Tentative Maps. The Council may grant extensions to the initial time limit up to a
maximum total of three years, only after finding that:
There have been no changes to the provisions of the General Plan, any applicable
Specific Plan, this Title, or the Development Code applicable to the project since
the approval of the Tentative Map;
2. There have been no changes in the character of the site or its surroundings that
affect how the policies of the General Plan or other standards of this Title or the
Development Code apply to the project; and
3. There have been no changes to the capacities of community resources, including
but not limited to water supply, sewage treatment or disposal facilities, roads or
schools so that there is no longer sufficient remaining capacity to serve the project.
B. Tentative Maps with multiple Final Maps. Where a subdivider is required to expend
more than $125,000 on improvements as specified in Map Act Section 66452.6 and
multiple Final Maps are filed covering portions of a single approved Tentative Map,
each filing of a Final Map shall extend the expiration of the Tentative Map by an
additional 36 months from the date of its expiration, or the date of the previously filed
Final Map, whichever is later. The total of all extensions shall not extend the approval
of the Tentative Map more than 10 years from its approval.
C. Vesting Tentative Maps. The Council may grant extensions for a maximum total of
three years to the initial time limit in compliance with Subsection A. of this Section.
21. 20.160 - Applications Deemed Approved
Any subdivision application deemed approved in compliance with Government Code
Section 65956, or Map Act Sections 66452 et seq., shall be subject to all applicable provisions
of the Development Code (Title 22 of the Municipal Code), which shall be satisfied by the
subdivider before any Building Permits or other land use entitlements are issued. Parcel or
Final Map filed for record after the automatic approval of their Tentative Map shall remain
subject to all the mandatory requirements of the Development Code and the Map Act,
including, but not limited to Map Act Sections 66473, 66473.5 and 66474.
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CHAPTER 21.22 - PARCEL MAPS AND FINAL MAPS
Sections:
21.22.010 - Purpose of Chapter
21.22.020 - Parcel Maps
21.22.030 - Waiver of Parcel Map
21.22.040 - Parcel Map Form and Content
21.22.050 - Filing and Processing of Parcel Maps
21.22.060 - Parcel Map Approval
21.22.070 - Final Maps
21.22.080 - Final Map Form and Content
21.22.090 - Filing and Processing of Final Maps
21.22.100 - Final Map Approval
21.22.110 - Supplemental Information Sheets
21.22.120 - Recordation of Maps
21.22.130 - Amendments to Recorded Maps
21.22.010 - Purpose of Chapter
This Chapter establishes requirements for the preparation, filing, approval and recordation
of Parcel and Final Maps, consistent with the requirements of the Map Act.
21.22.020 - Parcel Maps
As required by Sections 21.03.020 (Type of Subdivision Approval Required), and 21.20.120
(Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete
the subdivision process for a subdivision of four or fewer parcels, except when the
requirement for a Parcel Map is waived as set forth in Section 21.22.030. A Parcel Map shall
be prepared, filed and processed as set forth in Sections 21.22.040 through 21.22.060.
21.22.030 - Waiver of Parcel Map
A subdivider may request waiver of a Parcel Map, and the Council may grant the waiver in
compliance with this Section.
A. When waiver is allowed. Waiver of a Parcel Map may be requested by a subdivider
and granted by the Council for a subdivision where the following circumstances exist,
and the boundaries of the original parcel have been previously surveyed and a map
recorded, and are certain as to location.
1. The original, unsubdivided parcel contains less than five acres, each proposed
parcel abuts upon a maintained pubic street and no dedications and
improvements are required by this Title; or
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2. Each parcel created by the division has a gross area of 20 acres or more and has
approved access to a maintained public street; or
3. The parcel(s) have approved access to a public street which comprises part of a
tract of land zoned for industrial or commercial development, and which has City
approval for street alignments or width; or
4. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of
a quarter Section; or
5. Until January 1, 2003, the land being subdivided is solely for the creation of an
environmental subdivision in compliance with Map Act Section 66418.2.
B. Application processing and approval. A request for waiver of Parcel Map shall be
submitted with the Tentative Map application, together with the required filing fee.
The waiver request shall be processed and acted upon concurrently with the Tentative
Map application. The Council may grant a requested waiver if:
The proposed Tentative Map satisfies all findings required for approval by Section
21.20.080 (Tentative Map Approval or Disapproval); and
2. The proposed subdivision complies with all applicable requirements of the Map
Act and this Title as to lot area, improvement and design, drainage, flood control,
appropriate improved public roads, sanitary disposal facilities, water supply
availability, and environmental protection.
C. Expiration of waiver. An approved waiver of Parcel Map shall be subject to the same
time limits and opportunities for extension of time as the accompanying Tentative
Map, in compliance with Sections 21.20.150 (Expiration of Approved Tentative Map)
and 21.20.160 (Extensions of Time for Tentative Maps), and Subsection D. of this
Section, following.
D. Completion of subdivision. A subdivision for which a Parcel Map has been waived
shall be completed by the subdivider satisfying all conditions of approval, and by then
filing and obtaining approval of a certificate of completion in compliance with this
Section.
1. Preparation and filing of certificate. The subdivider shall submit an application
for a certificate of completion to the City Engineer for review and approval,
including the following information.
a. A diagram or exhibit illustrating the configuration and dimensions of the
parcels described in the legal descriptions submitted with the certificate of
completion.
b. A statement signed by the subdivider under penalty of perjury that no
change in the ownership of the subject property has occurred since the
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21.22
submittal of the title report with the Tentative Map application. If a change
in ownership has occurred, the subdivider shall submit a new title report
issued within- 60 days before the filing of the certificate of completion
application.
c. A statement by a registered civil engineer, licensed land surveyor, or title
company verifying that any required access easements extend to a publicly
maintained road.
d. A certificate of completion in the form required by the City Engineer,
prepared for recording, including:
(1) A list of all requirements imposed as conditions of approval of the
Tentative Map, including but not limited to any requirements for the
construction of offsite and onsite improvements;
(2) A statement signed by the owner under penalty of perjury attesting
that all of the conditions of approval of the Tentative Map have been
met or provided for under the terms of an acceptable subdivision
agreement secured by appropriate surety as prescribed by the Map
Act; and
(3) A legal description of each parcel created in substantial conformance
with the approved Tentative Map, prepared by a registered civil
engineer or licensed land surveyor.
e. Any required recordation fees.
2. Review and approval of certificate. The City Engineer shall review, approve or
disapprove, and complete the processing of a certificate of completion by
examining the materials submitted and performing other investigations as.
necessary to ensure that:
a. All record title owners have consented to the subdivision;
b. The certificate of completion accurately describes the conditions of approval,
and that the conditions of approval have been satisfactorily completed; and
c. The legal descriptions on the certificate are accurate, and are in substantial
conformance with the approved Tentative Map.
If the City Engineer is satisfied that the certificate of completion and materials
submitted with it comply with the above requirements, the City Engineer shall
place an endorsed approval upon the face of the certificate and shall file it with
the County Recorder. Upon recording, the subdivision shall be deemed
completed, and the parcels created by the subdivision may be conveyed or
otherwise transferred.
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21.22.040 - Parcel Map Form and Content
A Parcel Map shall be prepared by or under the direction of a qualified, registered civil
engineer or licensed land surveyor, registered or licensed by the State of California. Parcel
Map submittal shall include the application forms, and all information and other materials
prepared as required by the Department.
21.22.050 - Filing and Processing of Parcel Maps
A. Filing with the City Engineer. The Parcel Map, together with all data, information
and materials required by Section 21.22.040 above shall be submitted to the City
Engineer. The Parcel Map shall be considered submitted when it is complete and
complies with all applicable provisions of this Title and the Map Act.
B. Review of Parcel Map. The City Engineer shall:
Determine whether all applicable provisions of this Title and the Map Act have
been complied with, that the map is technically correct, and that it is in substantial
compliance with the approved Tentative Map; and
2. Obtain verification from the Department that the Parcel Map conforms to the
approved Tentative Map and that any conditions of approval for which that office
is responsible have been completed.
If the Parcel Map does not conform as required above, the subdivider shall be notified,
and given the opportunity to make necessary changes and resubmit the Parcel Map,
together with all required data if the Tentative Map has not expired.
21.22.060 - Parcel Map Approval
After determining that the Parcel Map is in compliance and is technically correct in
compliance with Section 21.22.040, the City Engineer shall approve the Parcel Map and
forward the map to the County Recorder for filing in compliance with Section 66450 of the
Map Act.. If a dedication or offer of dedication is required on the Parcel Map, the City
Engineer shall forward the Parcel Map to the Council. The map shall then be placed on the
Council consent agenda for final acceptance. After action by the Council approving the
Parcel Map, it shall be transmitted by the City Engineer to the County Recorder for filing.
21.22.070 - Final Maps
As required by Section 21.03.020 (Type of Subdivision Approval Required), a Final Map shall
be filed and approved to complete the subdivision process for a subdivision of five or more
parcels. A Final Map shall be prepared, filed and processed as set forth in Sections 21.22.080
through 21.22.100.
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21.22.080 - Final Map Form and Content
A Final Map shall be prepared by or under the direction of a qualified registered civil
engineer or licensed land surveyor, registered or licensed by the State of California. Final
Map submittal shall include all information and other materials prepared as required by the
Department. A Final Map submittal shall also include a digital copy of the Final Map,
prepared using computer software and standards specified by the City Engineer.
21.22.090 - Filing and Processing of Final Maps
A. Filing with City Engineer. The Final Map, together with all data, information and
materials required by Section 21.22.060 above shall be submitted to the City Engineer.
The Final Map shall be considered submitted when it is complete and complies with
all applicable provisions of this Title and the Map Act.
B. Review of Final Map. The City Engineer shall review the Final Map and all
accompanying materials, and shall:
Determine whether all applicable provisions of this Title and the Map Act have
been complied with, that the map is technically correct, and that it is in substantial
compliance with the approved Tentative Map; and
Obtain verification from the Department that the Final Map conforms to the
approved Tentative Map and that any conditions of approval for which that office
is responsible have been completed.
If the Final Map does not conform as required above, the subdivider shall be notified,
and given the opportunity to make necessary changes prior to Tentative Map
expiration and resubmit the Parcel Map, together with all required data .
C. Multiple Final Maps. The subdivider may file multiple Final Maps on the approved
Tentative Map if the subdivider either included a statement of intention with the
Tentative Map or, if after the filing of the Tentative Map, the Director approved the
request.
21.22.100 - Final Map Approval
After determining that the Final Map is in compliance and is technically correct in
compliance with Section 21.22.080, the City Engineer shall execute the City Engineer's
certificate on the map in compliance with Map Act Section 66442, and forward the Final Map
to the Council for action, as follows.
A. Review and approval by Council. The Council shall approve or disapprove the Final
Map at its next regular meeting after the City Clerk receives the map, or at its next
regular meeting after the meeting at which it receives the map unless that time limit
is extended with the mutual consent of the City Engineer and the subdivider.
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1. Criteria for approval. The Council shall approve the Final Map if it conforms to
all the requirements of the Map Act, all provisions of this Title that were
applicable at the time that the Tentative Map was approved, and is in substantial
compliance with the approved Tentative Map.
2. Waiver of errors. The Council may approve a Final Map that fails to meet any of
the requirements of this Title or the Map Act applicable at the time of approval of
the Tentative Map, when the Council finds that the failure of the map is a
technical or inadvertent error which, in the determination of the Council does not
materially affect the validity of the map.
3. Approval by inaction. If the Council does not approve or disapprove the map
within the prescribed time or any authorized extension, and the map conforms to
all applicable requirements and rulings, it shall be deemed approved, and the City
Clerk shall certify its approval on the map.
B. Map with dedications. If a dedication or offer of dedication is required on the Final
Map, the Council shall accept, accept subject to improvement, or reject with or without
prejudice any or all offers of dedication, at the same time as it takes action to approve
the Final Map. If the Council rejects the offer of dedication, the offer shall remain
open and may be accepted by the Council at a later date pursuant to Section 66477.2
of the Map Act. Any termination of an offer of dedication shall be processed in
compliance with Section 66477.2 of the Map Act and the street vacation procedure.
C. Map with incomplete improvements. If improvements required by this Title,
conditions of approval or by law have not been completed at the time of approval of
the Final Map, he Council shall require the subdivider to enter into an agreement with
the City as specified in Map Act Section 66462, and Section 21.34.040 (Improvement
Agreements and Security), as a condition precedent to the approval of the Final Map.
D. Transmittal to Recorder. After action by the Council, and after the required signatures
and seals have been affixed, the City Clerk shall transmit the Final Map to County
Recorder for filing, in compliance with Section 21.22.120 (Recordation of Maps).
21.22.110 - Supplemental Information Sheets
In addition to the information required to be included in Parcel Maps and Final Maps
(Sections 21.22.040 and 21.22.080, respectively), additional information may be required to
be submitted and recorded simultaneously with a Final Map as required by this Section.
A. Preparation and form. The additional information required by this Section shall be
presented in the form of additional map sheets, unless the Director determines that the
type of information required would be more clearly and understandably presented in
the form of a report or other document. The additional map sheet or sheets shall be
prepared in the same manner and in substantially the same form as required for Parcel
Maps by Section 21.22.040 (Parcel Map Form and Content).
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2,1999 II -20
Parcel Maps and Final Maps 21.22
B. Content of information sheets. Supplemental information sheets shall contain the
following statements and information:
1. Title. A title, including the number assigned to the accompanying Parcel or Final
Map by the City Engineer, the words "Supplemental Information Sheet;"
2. Explanatory statement. A statement following the title that the supplemental
information sheet is recorded along with the subject Parcel or Final Map, and that
the additional information being recorded with the Parcel or Final Map is for
informational purposes, describing conditions as of the date of filing, and is not
intended to affect record title interest;
3. Location map. A location map, at a scale not to exceed one inch equals 2,000 feet.
The map shall indicate the location of the subdivision within the City;
4. Areas subject to flooding. Identification of all lands within the subdivision
subject to periodic inundation by water;
5. Soils or geologic hazards reports. When a soils report or geological hazard report
has been prepared, the existence of the report shall be noted on the information
sheet, together with the date of the report and the name of the engineer making
the report; and
6. Information required by conditions of approval. Any information required by
the approval body to be included on the supplemental information sheet(s)
because of its importance to potential successors in interest to the property,
including any other easements or dedications.
21.22.120 - Recordation of Maps
A. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider
shall present to the County Recorder evidence that, at the time of filing the map, the
parties consenting to the filing are all parties having vested fee interest in the property
being subdivided and are parties required to sign the certificate described in Map Act
Section 66445(e).
B. The County Recorder will review and act upon Parcel and Final Maps filed with that
office as set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions
of state law.
21.22.130 - Amendments to Recorded Maps
A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to
change characteristics of the approved subdivision only as set forth in this Section.
A. Corrections. In the event that errors in a Parcel or Final Map are discovered after
recordation, or that other corrections are necessary, the corrections may be
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -21
Parcel Maps and Final Maps
21.22
accomplished by either the filing of a certificate of correction or an amending map, in
compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this Section,
"errors" include errors in course or distance (but not changes in courses or distances
from which an error is not ascertainable from the Parcel or Final Map), omission of any
course or distance, errors in legal descriptions, or any other map error or omission as
approved by the City Engineer that does not affect any property right, including but
not limited to lot numbers, acreage, street names, and identification of adjacent record
maps. Other corrections may include indicating monuments set by engineers or
surveyors other than the one that was responsible for setting monuments, or showing
the proper character or location of any monument that was incorrectly shown, or that
has been changed.
B. Changes to approved subdivision. In the event that a subdivider wishes to change
the characteristics of an approved subdivision, including but not limited to the number
or configuration of parcels, location of streets or easements, or the nature of required
improvements, the construction of which has been deferred through the approval of
an agreement in compliance with Section 21.34.040 (Improvement Agreements and
Security), a new tentative and Parcel or Final Map shall be filed and approved as
required by Section 21.03.020 (Type of Subdivision Approval Required).
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2,1999 II -22
CHAPTER 21.24 - CONDOMINIUMS AND CONDOMINIUM
CONVERSION
Sections:
21.24.010 - Purpose of Chapter
21.24.020 - Condominiums
21.24.030 - Condominium Conversions
21.24.010 - Purpose of Chapter
This Chapter establishes requirements for applications for the creation of a condominium or
other common interest development (including a community apartment project, planned
development or stock cooperative, as provided by California Civil Code Section 1351)
simultaneously with the construction of a new structure, and the conversion of an existing
structure to a condominium, consistent with the requirements of the Subdivision Map Act.
21.24.020 - Condominiums
When a residential structure is proposed at the time of construction as a condominium or
other common interest development, a Tentative Map for the project shall be filed in the
same form, have the same contents and accompanying data and reports and shall be
processed, approved or denied in the same manner in compliance with Chapter 21.20
(Tentative Map Filing and Processing). Chapter 21.22 (Parcel Maps and Final Maps)
determines whether a Parcel or Final Map shall also be filed.
21.24.030 - Condominium Conversions
A condominium conversion is the conversion of real property to a common interest
development as defined by Section 1351 of the California Civil Code. A conversion shall
require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel
Map, or Tentative and Final Map are waived in compliance with Map Act Sections 66428(b)
or 66428.1, for the conversion of a mobile home park. If a Parcel Map is waived, a Tentative
Map shall still be required.
A Tentative Map for a condominium conversion shall be filed in the same form, have the
same contents and accompanying data and reports and shall be processed, approved or
disapproved in the same manner as set forth in Chapter 21.20 (Tentative Map Filing and
Processing), with the following exceptions.
A. Application contents. Condominium conversion applications shall include the same
information and materials as Tentative Map applications, except for conversions of
residential projects, which shall also include the following information and materials.
Diamond Bar Subdivision Ordinance Article Il - Subdivision Review Procedures
February 2,1999 II -23
Condominiums and Condominium Conversions
21.24
1. Tentative Map. The Tentative Map for a condominium, community apartment
project, or the conversion of five or more existing dwelling units to a stock
cooperative need not show the buildings or the manner in which the airspace
above the property shown on the map are to be divided. However, the applicant
shall provide an illustration of how division will occur to enable verification of
the accuracy of the legal descriptions on deeds for the transfer of ownership of the
units.
2. Public notice materials. Business size envelopes will be sent to each tenant of the
property being converted, with first class postage affixed to each envelope.
3. Verification of stock cooperative vote. If the development being converted to a
condominium is a stock cooperative, the application shall also include verification
of the vote required by Map Act Section 66452.10.
4. Relocation assistance program. A program proposed by the applicant that will
assist tenants displaced through the conversion in relocating to equivalent or
better housing, in compliance with the General Plan. This program shall, at a
minimum, comply with the provisions of the Map Act Section 66452.8.
5. Vacancy rate assessment. An assessment of the vacancy rate in multi -family
housing within the City.
6. Mobile home park conversion impact report. If the development being
converted to a condominium is a mobile home park, the application shall also
include the report required by Map Act 66427.4.
B. Staff report. The staff report on the Tentative Map for the condominium conversion
(Section 21.20.040) shall be provided the subdivider and each tenant of the subject
property at least three days before any hearing or action on the Tentative Map by the
Commission or Council.
C. Public notice. The following notice shall be provided in addition to that required by
Chapter 22.72 (Public Hearings) of the Development Code:
1. Tenant notice. The subdivider shall give notice to all existing or prospective
tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the
Department satisfactory proof that the notice was given; and
2. Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall
be provided to all tenants of the subject property, as required by Map Act Section
66451.3.
D. Approval of conversion, required findings.
1. Time limit, stock cooperatives. The approval or disapproval of the conversion
of an existing building to a stock cooperative shall occur within 120 days of the
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -24
Condominiums and Condominium Conversions
21.24
application being found complete in compliance with Section 22.44.050 (Initial
Application Review) of the Development Code. The 120 -day time limit may be
extended by mutual consent of the subdivider and the City.
2. Conversion findings, residential projects. Approval of a tentative or Final Map
for a subdivision to be created from the conversion of residential real property
into a condominium project, community apartment project or stock cooperative
shall not be granted unless the findings set forth in Map Act Section 66427.1 are
first made.
3. Limitation on conversions. In compliance with the General Plan, no
condominium conversion shall be approved while the vacancy rate within the
City for multi -family housing is less than four percent.
E. Completion of conversion. The filing, approval and recordation of a Parcel Map or
Final Map in compliance with Chapter 21.22 (Parcel Maps and Final Maps) shall be
required to complete the subdivision process, except where a Parcel Map, or tentative
and Final Map are waived for the conversion of a mobile home park in compliance
with Map Act Section 66428(b) or 66428.1. If a Parcel Map is waived, a Tentative Map
shall still be required.
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -25
Condominiums and Condominium Conversions
21.24
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -26
CHAPTER 21.26 - LOT LINE ADJUSTMENTS
Sections:
21.26.010 - Purpose of Chapter
21.26.020 - Applicability
21.26.030 - Adjustment Application and Processing
21.26.040 - Approval or Denial of Adjustment
21.26.050 - Completion of Adjustment
21.26.010 - Purpose of Chapter
This Chapter provides procedures for the preparation, filing, processing, and approval or
denial of Lot Line Adjustment applications, consistent with the policies of the General Plan
and the requirements of Map Act Section 66412(d).
21.26.020 - Applicability
A. As provided by Map Act Section 66412(d), the Lot Line Adjustment procedure is for
the purpose of relocating lot lines between two or more existing adjacent parcels,
where land taken from one parcel is added to an adjacent parcel and where no more
parcels are created than originally existed. For the purposes of this Chapter, an
"adjacent parcel" is one that directly touches at least one of the other parcels involved
in the adjustment.
B. Parcels combined by encumbrances or encroachments of existing structures shall be
considered a single original parcel for purposes of an adjustment in compliance with
this Chapter.
21.26.030 - Adjustment Application and Processing
A Lot Line Adjustment application shall be prepared, filed and processed as provided by this
Section.
A. Application content. A Lot Line Adjustment application shall include all information
and other materials required by the Department.
B. Processing. Lot Line Adjustment applications shall be submitted to the Department
and shall be processed in compliance with the procedures specified by Chapter 22.44
(Application Filing and Processing) of the Development Code. No environmental
review shall be required, in compliance with the CEQA Guidelines.
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February 2, 1999 II -27
Lot Line Adjustments
21.26
C. Review and approval by City Engineer. The City Engineer shall:
1. Examine the deeds to ensure that all record title owners and lien holders have
consented to the adjustment;
2. Verify that all conditions of approval have been satisfactorily completed and that
the deeds are in substantial compliance with the Lot Line Adjustment as
approved by the review authority;
3. Verify that the property owners have either obtained partial reconveyances from
any mortgagor or other lien holder for any portion of a parcel being transferred
to an adjacent parcel, and that any liens covering the adjacent property have been
modified to cover the newly created larger parcel;
4. If satisfied that the deeds comply with the above requirements, place an endorsed
approval upon the deeds; and
5. After approval of the legal descriptions, assemble the deeds and return them to
the Applicant for recordation.
D. Expiration. The approval of a Lot Line Adjustment shall expire and become void if the
adjustment has not been completed as required by this Section within one year of
approval.
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999
II -29
Lot Line Adjustments 21.26
21.26.040 - Approval or Denial of Adjustment
The Director shall determine whether the parcels resulting from the adjustment will conform
with the applicable
_provisions of this Title. The, Director _ mav approve, conditionally
approve, or not approve the tot Line Adjustment incompliance with this Section. Decisions
made by the Director may be appealed to the Commission in compliance with Chapter 22.74
(Appeals) of the Development Code.
A. Required findings. A proposed Lot Line Adjustment shall be denied if the Director
finds any of the following:
1. The adjustment will have the effect of creating a greater number of parcels than
exist before adjustment;
2. Any parcel resulting from the adjustment will conflict with any applicable
regulations of the Development Code; or
3. The adjustment will result in an increase in the number of nonconforming parcels.
B. Conditions of approval. In approving a Lot Line Adjustment, the Director shall adopt
conditions only as necessary to conform the adjustment and proposed parcels to the
requirements of this Title and Title 15 (Building and Construction Safety) of the
Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, or
easements.
21.26.050 - Completion of Adjustment
Within 1 year after approval of The Lot Line Adjustment, the process shall be completed in
compliance with this Section through the recordation of a deed or record of survey, after all
conditions of approval have been satisfied.
A. Completion by deed. A Lot Line Adjustment shall not be effective or finally
completed until a grant deed signed by the record owners has been recorded. The
Applicant shall submit deeds to the City Engineer for review and approval in
compliance with Subsection C. below (Review and Approval by City Engineer), before
recordation of the grant deed. The legal descriptions provided in the deeds shall be
prepared by a qualified registered civil engineer, or a licensed land surveyor licensed
or registered in the State.
B. Completion by record of survey. If required by Section 8762 et seq. of the Business
and Professions Code, a Lot Line Adjustment shall not be effective or final until a
record of survey has been checked by the City Engineer and recorded by the County
Recorder. Where not required, a Lot Line Adjustment may also be completed by
record of survey in compliance with this Subsection at the option of the Applicant.
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2,1999 II -28
Lot Line Adjustments
21.26
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -30
CHAPTER 21.28 - CERTIFICATES OF COMPLIANCE
Sections:
21.28.010 - Purpose of Chapter
21.28.020 - Applicability
21.28.030 - Application Contents
21.28.040 - Review and Approval
21.28.050 - Conditional Certificates of Compliance
21.28.010 - Purpose of Chapter
This Chapter provides procedures for the filing, processing, and approval or denial of
Certificates of Compliance and Conditional Certificates of Compliance, consistent with the
policies of the General Plan and the requirements of the Map Act.
21.28.020 - Applicability
A Certificate of Compliance is a document recorded by the County Recorder, which
acknowledges that the subject parcel is considered by the City to be a legal lot of record. A
Conditional Certificate of Compliance is used instead of a Certificate of Compliance to
validate a parcel that was not legally subdivided.
Any person owning real property, or a purchaser of the property in a contract of sale of the
property, may request a Certificate of Compliance.
21.28.030 - Application Contents
A Certificate of Compliance application shall include the form provided by the Department,
the required filing fee, and a chain of title, consisting of copies of all deeds beginning before
the division and thereafter, unless the parcels were created through a recorded subdivision
map.
21.28.040 - Review and Approval
A. Director action. The Director shall review all available information and make a
determination whether the real property was divided in accordance with the Map Act,
this Title, and other applicable provisions of the Municipal Code. Upon making the
determination, the Director shall cause a Certificate of Compliance to be filed with the
County Recorder. In the event that the Director determines that the real property does
not comply with the provisions of this Title or the Map Act, the application shall
instead be processed as a Conditional Certificate of Compliance (Section 21.28.050,
Conditional Certificates of Compliance).
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -31
Certificates of Compliance
21.28
B. Form of certificate. The Certificate of Compliance shall identify the real property,
shall state that the division complies with the provisions of the Map Act and this Title,
and shall include all information required by Map Act Section 66499.35.
C. Effective date of certificate. A Certificate of Compliance shall not become final until
the document has been recorded by the County Recorder.
21.28.050 - Conditional Certificates of Compliance
A Conditional Certificate of Compliance is used to validate a parcel that was not legally
divided. If the current owners are the original subdividers, conditions may be based on
current standards. The preparation, filing and processing of a Conditional Certificate of
Compliance application shall occur in compliance with this Section.
A. Application. An application for a Conditional Certificate of Compliance shall be
prepared and include the same materials as a Certificate of Compliance (Section
21.28.030).
B. Review and approval. The processing, review and approval of the application shall
occur as follows.
1. Staff Report. The Department shall prepare a staff report that:
a. Describes the history of the land division;
b. Determines whether the property was legally divided, in compliance with
State law and applicable City (or earlier County) regulations at the time of
division;
c. References provisions of State law and City (or earlier County) ordinances
applicable to the subdivision at the time the division in question occurred;
and
d. Recommends appropriate conditions of approval.
2. Review by Director. Upon making a determination that the real property does
not comply with the provisions of this Title or the Map Act, the Director shall
grant a Conditional Certificate of Compliance, imposing conditions as provided
by Subsection C. below (Conditions of Approval).
C. Conditions of approval. If the owners of the property for which a certificate is
requested are the original subdividers, the Director may impose any conditions that
would be applicable to a current subdivision, as provided by the Map Act and this
Title, regardless of when the property was divided. If the owners had no responsibility
for the subdivision that created the parcel, the Hearing Officer may only impose
conditions that would have been applicable at the time the property was acquired by
the current owners.
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -32
Certificates of Compliance
21.28
D. Appeal. A decision to issue a Conditional Certificate of Compliance and/or the
conditions imposed by the Director may be appealed to the review authority in
compliance with Chapter 22.74 (Appeals) of the Development Code.
E. Completion of process. Following expiration of the 10 -day appeal period after the
determination and imposition of conditions by the Director, the Agency shall file a
Conditional Certificate of Compliance with the County Recorder. The certificate shall
identify the property, and serve as notice to the property owner or purchaser who
applied for the certificate, a grantee of the owner, or any subsequent transferee or
assignee of the property that the fulfillment and implementation of the conditions shall
be required before subsequent issuance of a permit or other approval for the
development of the property.
F. Effective date of certificate. A Conditional Certificate of Compliance shall not become
effective until the document has been recorded by the County Recorder.
Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures
February 2, 1999 II -33
ARTICLE III
Subdivision Design and Development
Chapter 21.30 - Subdivision Design and Improvement Requirements ...........
III -3
21.30.010 - Purpose of Chapter ...........................................
III -3
21.30.020 - Applicability of Design and Improvement Standards .............
III -3
21.30.030 - Access, Circulation, Streets ...................................
III -4
21.30.040 - Energy Conservation ........................................
III -7
21.30.050 - Fire Hydrants ...............................................
III -7
21.30.060 - Grading, Erosion, and Sediment Control .......................
III -8
21.30.070 -Landscaping ................................................
III -8
21.30.080 - Major Structures ............................................
III -9
21.30.090 - Monuments ................................................
III -9
21.30.100 - Parcel and Block Design ......................................
III -9
21.30.110 - Public Utilities and Utility Easements .........................
III -11
21.30.120 - Residential Density .........................................
III -12
21.30.130 - Sewage Disposal ...........................................
III -12
21.30.140 - Street Lighting .............................................
III -13
21.30.150 -Street Names ..............................................
III -13
21.30.160 - Storm Drainage and Watercourses ............................
III -13
21.30.170 - Traffic Safety Devices .......................................
III -14
21.30.180 - Water Supply ..............................................
III -14
Chapter 21.32 - Dedications and Exactions ................................... III -17
21.32.010 - Purpose of Chapter ......................................... III -17
21.32.020 - Applicability .............................................. III -17
21.32.030 - Findings Required for Dedications and Exactions ............... III -17
21.32.040 - Park Land Dedications and Fees .............................. III -17
21.32.050 - Right -of -Way Dedications ................................... III -22
Chapter 21.34 - Improvement Plans and Agreements .......................... III -25
21.34.010 - Purpose of Chapter ......................................... III -25
21.34.020 - Improvement Plans ......................................... III -25
21.34.030 - Installation of Improvements ................................ III -26
21.34.040 - Improvement Agreements and Security ....................... III -27
Chapter 21.36 - Surveys and Monuments .................................... III -31
21.36.010 - Purpose of Chapter ......................................... III -31
21.36.020 - Survey Procedure and Practice ............................... III -31
21.36.030 - Monuments ............................................... III -31
21.36.040 - Survey Information on Final or Parcel Map ..................... III -33
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2,1999 III -1
Contents
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -2
CHAPTER 21.30 - SUBDIVISION DESIGN AND
IMPROVEMENT REQUIREMENTS
Sections:
21.30.010 - Purpose of Chapter
21.30.020 - Applicability of Design and Improvement Standards
21.30.030 - Access, Circulation, Streets
21.30.040 - Energy Conservation
21.30.050 - Fire Hydrants
21.30.060 - Grading, Erosion and Sediment Control
21.30.070 - Landscaping
21.30.080 - Major Structures
21.30.090 - Monuments
21.30.100 - Parcel and Block Design
21.30.110 - Public Utilities and Utility Easements
21.30.120 - Residential Density
21.30.130 - Sewage Disposal
21.30.140 - Street Lighting
21.30.150 - Street Names
21.30.160 - Storm Drainage and Watercourses
21.30.170 - Traffic Safety Devices
21.30.180 - Water Supply
21.30.010 - Purpose of Chapter
This Chapter establishes standards for the design and layout of subdivisions, and the design,
construction or installation of public improvements within subdivisions. The purpose of
these standards is to ensure, through careful site evaluation and design, the creation of new
parcels that are consistent with the General Plan and any applicable Specific Plan.
21.30.020 - Applicability of Design and Improvement Standards
The requirements of this Chapter apply to subdivisions, and Conditional Certificates of
Compliance, in addition to all applicable requirements of the Development Code (Title 22)
and this Title, as follows:
A. Design standards. The standards in Sections 21.30.030 et seq. of this Chapter apply
to the design of all proposed subdivisions, in addition to all applicable requirements
of the City Engineer, and the Diamond Bar Development Improvement Standards,
Requirements, and Guidelines.
B. Subdivision improvement standards - Conditions of approval. The applicable
subdivision improvement and dedication requirements of this Chapter and any other
improvements and dedications required by the review authority in compliance with
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -3
Subdivision Design and Improvements
21.30
Section 21.20.080 (Tentative Map Approval or Disapproval), shall be described in
conditions of approval adopted for each approved Tentative Map (Section 21.20.090).
The design, construction or installation of all subdivision improvements shall comply
with the requirements of the City Engineer.
C. Conflicting provisions. In the event of any conflict between the provisions of this
Chapter and other provisions of this Title, or other provisions of the Municipal Code,
the most restrictive provisions shall control. In the event of any conflict between the
provisions of this Chapter and the Map Act, the Map Act shall control.
D. Extent of improvements required - Four or fewer parcels. As required by Map Act
Section 66411.1, improvements required for subdivisions of four or fewer parcels shall
be limited to the dedication of rights-of-way, easements, and the construction of
reasonable offsite and onsite improvements for the parcels being created.
E. Oversizing of improvements. At the discretion of the review authority,
improvements required to be installed by the subdivider for the benefit of the
subdivision may also be required to provide supplemental size, capacity, number, or
length for the benefit of property not within the subdivision, and may be required to
be dedicated to the City, in compliance with Article 6, Chapter 4 of the Map Act. In the
event that oversizing is required, the City shall comply with all applicable provisions
of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act
66486.
F. Exceptions. Exceptions to the provisions of this Chapter may be requested and
considered in compliance with Section 21.03.050 (Exceptions to Subdivision
Standards).
21.30.030 - Access, Circulation, Streets
Proposed subdivisions shall be designed to provide adequate access from each new parcel
to a City street, in compliance with this Section.
A. General access and circulation requirements. The subdivider shall provide a
comprehensive street system, designed and constructed in compliance with this
Section, the Diamond Bar Development Improvement Standards, Requirements, and
Guidelines, and with the Circulation Element of the General Plan.
1. Street design shall provide for safe vehicular operation at a specified design
speed.
2. Public streets shall be required when:
a. The street is shown as an arterial or collector in the Circulation Element of the
General Plan, or any other specific or precise plan;
b. The street will be used by the general public as a through access route; or
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 11I-4
Subdivision Design and Improvements
21.30
c. A public street is necessary for special needs including bus routes, public
service access, bicycle routes and pedestrian access.
Private streets are allowed only in compliance with Subsection E., following.
B. Access to subdivision. Every subdivision shall be designed to have access to a City
street. Access shall be provided by:
The subdivision abutting a City street, where the length of the subdivision along
the street, the street right-of-way, and the width of the right-of-way will
accommodate the construction of all road improvements required by this Section;
or
2. The subdivision being connected to a City street by a non-exclusive right-of-way
easement for street, utility, and appurtenant drainage facilities purposes, where
the easement shall be:
a. Offered for dedication;
b. Unencumbered by any senior rights that might serve to restrict its proposed
use; and
Of a width and location to accommodate the construction of all
improvements required by this Section and the City's Development
Improvement Standards, Requirements and Guidelines.
C. Access to new parcels. Parcels within a proposed subdivision shall be provided access
as follows.
1. City ,street access required. Each parcel within a proposed subdivision shall be
provided access by being located on an existing City street or a new City street
designed and improved in compliance with Subsection B. of this Section, or.to a
private street if allowed by Subsection E. of this Section.
Access denial. When a State highway or a street classified as a major arterial in
the Circulation Element of the General Plan passes through or abuts a proposed
subdivision, direct access to the highway or arterial shall not be permitted from
proposed parcels. Reservation strips shall be dedicated to the State or City, as
appropriate, where required to control access over certain lot lines over the ends
of street stubs.
3. Frontage roads. When lots are proposed to front on a major arterial or State
highway, the review authority may require the subdivider to dedicate and
improve a service or frontage road separate from the arterial or highway.
4. Alleys. Alleys may be proposed as part of non-residential subdivisions, but shall
not be allowed in residential subdivisions. When a subdivision is proposed in an
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2,1999 III -5
Subdivision Design and Improvements
21.30
area zoned commercial or industrial, the subdivider may be required to dedicate
and improve alleys at least 20'feet wide at the rear of the parcels.
D. Design and improvement of proposed streets. New streets proposed or required
within a new subdivision or adjacent to a new subdivision shall be located and
designed as follows, and in compliance with the Diamond Bar Development
Improvement Standards, Requirements and Guidelines.
1. Alignment. The alignment of streets shown on a Tentative Map shall be:
a. Consistent with the Circulation Element of the General Plan, where
applicable; and
b. Located to be in alignment with existing adjacent streets by continuation of
their centerlines, or by adjustments by curves;
2. Right-of-way and surfaced width. The width of the right-of-way and improved
surface of streets shown on a Tentative Map shall be as provided by the Diamond
Bar Development Improvement Standards, Requirements and Guidelines.
3. Access to unsubdivided property. When a proposed subdivision abuts vacant
land that is designated by the General Plan for future subdivision and
development, the review authority may require that streets to be constructed with
the proposed subdivision be extended to the boundary of the property to provide
access to the future development.
4. Improvements to existing streets. When an existing City street provides access
to, passes through, or is contiguous with a proposed subdivision, the review
authority may require dedication of additional right-of-way and/or
improvements in compliance with the General Plan, if it is determined that the
proposed subdivision will create the need for the improvements.
5. Length of loop, cul-de-sac, and other dead-end streets. The maximum length of
a loop street shall be 1,200 feet. A proposed subdivision shall not be designed
with a dead-end street having a length greater than 500 feet from the first
intersecting through street. Maximum length shall be measured from the edge of
the roadway surface at the intersection that begins the road, to the end of the road
surface at its farthest point.
E. Private roads. Private roads are allowed as provided in this Section. Private roads
shall not be permitted except where the Council determines that a private street system
will adequately serve the proposed subdivision, will not be a substantial detriment to
adjoining properties and will not disrupt or prevent the establishment of an orderly
circulation system in the vicinity of the subdivision.
1. Maintenance requirements. Provisions satisfactory to the City Attorney shall be
made for lot owners association or other organization to assume responsibility for
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the maintenance of private roads and ownership of the street right-of-ways of any
subdivision.
2. Design and improvement standards. Private roads shall be designed and
improved as set forth in Subsections B. and C.
Security and conditions. The Commission and/or Council may require any
guarantees and conditions it deems necessary to carry out the provisions of this
Title pertaining to private roads. 'Private roads and easements providing access
to parcels within a subdivision shall be located and shown on the Parcel or Final
Map.
4. Offer of dedication. All proposed private roads shall be subject to irrevocable
offers of dedication to the City on the applicable Parcel or Final Map, or separate
instrument submitted to the City along with the Parcel or Final Map.
F. Alternative circulation systems. Proposed subdivisions shall be designed to provide
rights-of-way for pedestrian paths, bikeways and multiple use trails consistent with
the Circulation Element of the General Plan, and/or the City-wide Comprehensive
Parks Master Plan, as applicable.
G. Alternative standards. The review authority may consider and approve proposed
access and street design solutions that differ from the provisions of this Section, and
the City's Development Improvement Standards, Requirements, and Guidelines where
deemed necessary to properly address the characteristics of adjacent land uses and/or
anticipated traffic volumes, or to maintain neighborhood character. The use of
alternative standards shall be authorized through the exception procedure in Section
21.03.050.
21.30.040 - Energy Conservation
The design of a subdivision for which a Tentative and Final Map are required by this Title
shall provide, to the extent feasible, for future passive or natural heating or cooling
opportunities in the subdivisions, in compliance with Map Act Section 66473.1.
21.30.050 - Fire Hydrants
A. Installation, location, number. The subdivider shall install fire hydrants connected
to a water supply capable of delivering the required fire flow, within the public right-
of-way, along private streets, and/or on the site to be protected, in compliance with
this Section.
1. The number and location of fire hydrants shall be determined by the review
authority based upon recommendations from the Fire Chief.
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2. Standard hydrant spacing -shall be at 300 -foot intervals in all areas except areas
containing only single -story single-family or duplex dwellings, in which .case
standard hydrant spacing shall be at 500 foot intervals.
3. The review authority may make minor modifications to the hydrant placement
distances above based on recommendations from the Fire Chief, where the review
authority determines that it would not be adverse to the City's fire protection
capabilities. In no case shall fire hydrants be spaced closer than 300 -foot intervals.
B. Hydrant type. Proposed fire hydrants shall be a model approved by the Fire Chief.
21.30.060 - Grading, Erosion, and Sediment Control
New subdivisions shall be designed so that all proposed grading incorporates appropriate
erosion and sediment control measures in compliance with Section 18.108.190 of the
Municipal Code.
21.30.070 - Landscaping
A. Landscaping requirements. Landscaping shall be provided as follows, and in
compliance with Chapter 22.24 (Landscaping Standards), and Section 22.30.070.H
(Development Standards for Off -Street Parking - Landscaping) of the Development
Code, where applicable.
1. Residential subdivision. The developer shall provide a residential subdivision
with landscaping in the form of street trees on each proposed parcel that is not a
flag lot, landscaping with irrigation facilities for any common areas or other open
space areas within the subdivision, and any additional landscaping required by
the review authority.
2. Nonresidential subdivisions. The developer shall provide a nonresidential
subdivision with landscaping as required by the review authority.
B. Plant materials, irrigation. All proposed and/or required trees, shrubs, ground
covers, vines, turf, and other plant materials shall be of a type approved by the
Director and, to the greatest extent practicable, shall be of drought -resistant and
drought -tolerant types or varieties. Plant materials and irrigation systems shall
comply with the requirements of Chapter 22.24 (Landscaping Standards) of the
Development Code. The subdivider shall provide a mechanism or system for the
permanent maintenance of any common area or open space landscaping.
C. Deferral of installation. The installation of required landscaping may be deferred
until the development of the subdivided lots through the provisions of Section
21.34.040 (Improvement Agreements and Security), provided that interim erosion and
sediment control measures ate first installed in compliance with Section 21.30.060
above (Grading, Erosion and Sediment Control).
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21.30.080 - Major Structures
21.30
The review authority may require the subdivider to provide major structures, including
retaining walls, bridges or dams, based on the needs for these facilities created by the
subdivision. Each structure shall be designed and approved on an individual basis. The
subdivider shall provide the City with all drawings, specifications, and engineering
calculations used in the design and construction of a major structure.
21.30.090 - Monuments
The subdivider shall install monuments in compliance with Chapter 21.36 (Surveys and
Monuments), and the Map Act.
21.30.100 - Parcel and Block Design
The size, shape and arrangement of proposed parcels shall comply with this Section, or with
any General Plan policy, applicable Specific Plan requirement, other Development Code
provision, or other Municipal Code provision applicable to a proposed subdivision.
A. Parcel area. The minimum area for new parcels shall be as required by Article II
(Zoning Districts and Allowable Land Uses), except as otherwise provided by this
Section.
1. Calculation of area. When calculating the area of a parcel to determine
compliance with this Section, Article II, or the General Plan, the following shall
be deducted from the gross area of any parcel, regardless of whether they may be
used by the general public or are reserved for residents of the subdivision:
a. A vehicular or non -vehicular access easement through the parcel;
b. An easement for an open drainage course, whether a ditch, natural channel
or floodway; or
c. The "flag pole" (access strip) of a flag lot. (See Subsection B.S, following.)
2. Minimum lot area requirements for common interest developments. The
minimum lot area requirements of Article 11 shall not apply to condominiums and
condominium conversions, planned developments, townhouses, zero lot line, and
similar common interest developments, but shall apply to the creation of the
original parcel or parcels that are the location of the common interest
development.
B. Dimensions. The dimensions of new parcels shall be as follows.
1. Parcel width. New parcels shall be designed to have a minimum width of 50 feet;
except that each parcel on a turnaround, cul-de-sac or curved street, where the
side lot lines are diverging from the front to the rear of the parcel, shall have a
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minimum width of 60 feet, measured at the front setback line required for the
primary structure by Article H.
2. Parcel depth. No new parcel shall have a depth less than 80 feet, or a depth
greater than three times the average width of the lot when the lot has a width of
less than 250 feet.
3. Exceptions. The review authority may approve parcels with different dimensions
than provided by this Section within the -PD (Planned Development) overlay
zoning district, or where the review authority determines a different dimensions
are appropriate because of topographic constraints.
4. Location of lot lines.
a. Orientation to streets. The side lot lines of all parcels shall be at right angles
to the center line of the street, and radial to curved streets, to provide
adequate street frontage for each parcel.
b. City limits. No parcel shall be designed so that it will be divided by the
City's corporate boundary.
c. Relationship to easements. Parcels shall be designed so that lot lines
conform to existing or planned easements unless the easements are relocated
to conform with the proposed lot pattern.
5. Flag lots. Flag lots are generally discouraged unless they can improve the
efficiency of land use, or protect natural features, and / or are desirable because of
topographic constraints. Where determined to be appropriate by the review
authority, flag lots shall comply with the following requirements.
a. Lot design, size. The main portion of the flag lot (not including the access
strip, or "flag pole") shall satisfy the provisions of this Section for length,
depth, area and design. In no case shall the access strip be less than20 feet in
width, nor more than 200 feet in depth.
b. Number of housing units served. No Tentative Map shall be approved with
more than four homes being provided access to a public street by means of
a single flag access strip.
C. Parcel and block configuration. The layout of proposed parcels and streets shall be
designed to use land efficiently, mitigate environmental impacts, and minimize site
disturbance in terms of cuts and fills, and the removal of significant vegetation.
1. Double -frontage lots. Parcels with streets along both the front and rear lot lines
shall be prohibited, except when necessitated by topographical or other physical
conditions or where access from one of the roads is prohibited.
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2. Block length. Blocks shall be no longer than 1,200 feet unless existing conditions
warrant an exception (Section 21.03.050).
D. Building pads on hillside lots. A Tentative Map proposing parcels with a slope of 20
percent or greater shall show proposed pad locations. Approved pad locations shall
be shown on a supplemental information sheet in compliance with Section 21.22.110
(Supplemental Information Sheets), recorded with an approved Parcel or Final Map.
E. Driveway standards. Proposed parcels shall be designed to accommodate driveways
designed in compliance with Section 22.30.080 (Driveways and Site Access) of the
Development Code.
21.30.110 - Public Utilities and Utility Easements
Public utilities including electricity, gas, water, sewer, storm d rains and telecommunications
services, shall be installed as part of the improvements within all subdivisions as provided
by this Section, and by Sections 21.30.130 (Sewage Disposal) and 21.30.180 (Water Supply).
The installation of utilities may be waived by the review authority through an exception
granted in compliance with Section 21.03.050, if the review authority also finds that not
installing the utilities as part of the subdivision improvements will be in the public interest.
A. Underground utilities required. Utilities in new subdivisions shall be installed
underground, as follows:
1. When undergrounding is required. All existing and proposed utility distribution
facilities (including electric, telecommunications and cable television lines)
installed in and for the purpose of supplying service to any subdivision shall be
installed underground. Equipment appurtenant to underground facilities,
including surface mounted transformers, pedestal mounted terminal boxes and
meter cabinets, and concealed ducts, shall also be underground, unless otherwise
approved by the review authority based on the recommendations of the City
Engineer.
The subdivider is responsible for complying with the requirements of this Section
and shall make the necessary arrangements with the affected utility companies
for facility installation. The review authority may waive the requirements of this
Section if topographical, soil, or any other conditions make underground
installation unreasonable or impractical.
2. Location of installation. Underground utility lines may be installed within street
rights-of-way or along a lot line, subject to appropriate easements being provided
if necessary. When installed. within street rights-of-way, their location and
method of installation, insofar as it affects other improvements within the street
right-of-way, shall be subject to the approval of the City Engineer.
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B. Utility easements.
21.30
1. Minimum width. The minimum width of easements for public or private
utilities, sanitary sewers, or water distribution systems shall be determined by the
review authority based on the recommendations of the City Engineer for City
facilities, and the recommendations of the applicable utility company, for public
or private utilities.
2. Overhead lines. When overhead utility lines are approved by the review
authority, easements shall be located at the rear of lots where practical, and along
the side of lots where necessary. Where practical, the poles supporting overhead
lines shall not be installed within any street, alley, or easement designated
exclusively for drainage purposes.
C. Timing of installation. All underground utilities, water lines, sanitary sewers, and
storm drains installed in streets, shall be constructed before the streets are surfaced.
Connections to all underground utilities, water lines, and sanitary sewers shall be laid
to sufficient lengths to avoid the need for disturbing the street improvements when
service connections are made.
21.30.120 - Residential Density
The maximum number of dwelling units permitted within a proposed subdivision shall not
exceed the density established by the General Plan for the site or the maximum number of
dwelling units permitted by the applicable zoning district, and may be further restricted by
considerations of safety, traffic access or circulation, the slope of the natural terrain, the
physical suitability of the site, the nature or extent of existing development, the availability
of public facilities, utilities, or open spaces or any other provision of this Title.
21.30.130 - Sewage Disposal
A. System design. A proposed subdivision shall be designed to provide for connection
to the City's sewage collection system, except in areas previously approved for the use
of on-site sewage disposal systems.
B. Agreement for on-site systems required. Where on-site systems are allowed, the
Tentative Map applicant shall be required to execute and record an agreement with the
City committing to not protest the formation of an improvement district that may be
formed for the installation of a sewage collection system.
C. City Engineer approval. Where any part of a sewage collection system is proposed to
be installed within a street right-of-way, the system location and construction
specifications shall be subject to the approval of the City Engineer.
D. Timing of construction. A sewage collection system shall be installed as part of the
improvements within all subdivisions.
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21.30.140 - Street Lighting
21.30
A proposed subdivision shall incorporate street lighting facilities determined by the review
authority to be consistent with the character of the area, and the needs of public safety, and
designed and constructed to the standards established by the City Engineer.
21.30.150 - Street Names
All streets within a proposed subdivision shall be named, and the names shall be approved
by the review authority. Duplication of existing names within the same area shall not be
allowed in a new subdivision unless the street is an obvious extension of an existing street.
21.30.160 - Storm Drainage and Watercourses
A. Drainage systems required. The developer shall provide a subdivision with storm
drainage facilities as required by this Section, and Section 21.30.160 (Storm Drainage
and Runoff).
1. Performance and capacity. Subdivisions shall be designed to provide drainage
systems to carry storm run-off both tributary to and originating within the
subdivision to approved points of discharge, determined to be necessary by the
City Engineer on the basis of information and recommendations provided by the
engineer for the subdivider. Drainage facilities shall be designed for a flood
frequency of 50 years, unless otherwise approved by the City Engineer. Drainage
system design shall avoid unnatural concentrations of storm water runoff and
retain existing drainage courses wherever possible.
2. Culverts. The minimum diameter of a storm drain pipe placed beneath a public
street shall be 18 inches. Pipe materials shall be approved by the City Engineer,
and placed at the grade of the drainage channel whenever practical. Minimum
allowable culvert grade shall be 1.0 percent under normal circumstances.
Minimum allowable open ditch grade shall be 2.0 percent.
3. Location of facilities. Drainage facilities shall be located within a street right-of-
way or within public drainage easements.
4. Timing of installation. Any drainage structures required for the individual
parcels of a subdivision shall be installed at the same time as drainage structures
within street rights-of-way and other subdivision improvements.
5. Interim maintenance. All subdivision drainage facilities shall be maintained by
the developer until accepted by the City or Los Angeles County Flood Control
District.
B. Drainage easements. Required drainage systems shall be located within drainage
easements delineated on the Final Map or Parcel Map, and the easements shall satisfy
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the following standards. Drainage easements shall be dedicated to the City and
designed to Los Angeles County Flood Control District standards.
1. Offer of dedication. Drainage easements shall be offered for dedication.
2. Alignment of easements. The alignment of drainage easements should conform
to the natural watercourse or to the alignment approved for the drainage system.
3. Width of easements.
a. Natural channels. A drainage easement for a natural channel is required
where determined to be necessary by the City Engineer. The width of
drainage easements for natural channels shall be sufficient to include the 100
year flood high water marks, plus five feet on either side, but in no case less
than 20 feet.
b. Constructed channels. The minimum width of any drainage easement for
a closed drainage conduit system shall be 10 feet and the minimum width for
any open system shall be 20 feet.
c. Service roads. For any drainage conduit exceeding 30 inches in diameter, or
any open ditch with a top width exceeding 12 feet, a 12 -foot service road shall
be improved within the drainage easement and dedicated to the City.
4. Downstream property. Where a subdivision causes an increase in and the
unnatural concentration of surface waters onto adjacent private or public
property, the subdivider shall design the system to mitigate the anticipated
increases, or shall obtain an easement for drainage purposes across the property
of sufficient width and shall improve the easement in a manner adequate to
convey the runoff to a point of disposal approved by the review authority based
on the recommendation of the City Engineer.
21.30.170 - Traffic Safety Devices
Traffic control and safety devices shall be installed by the subdivider during subdivision
construction as required by the review authority, to promote traffic control and safety both
during construction, and after occupancy of the subdivision. Traffic control and safety
devices shall include regulatory signs, warning signs, guide markers, construction signs,
pavement markings, lane delineations, and traffic signals, as determined to be necessary by
the review authority. Street name signs shall be installed at all public, private and
public/private intersections in compliance with Section 21.30.150 (Street Names).
21.30.180 - Water Supply
Water mains and services shall be installed to serve each lot in a proposed subdivision and
connected to the facilities of the Walnut Valley Municipal Water District. If any part of the
water system is to be installed within a street right-of-way, the system location, including
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valve boxes, meter boxes, and fire hydrants and the system construction specifications shall
be subject to the approval of the City Engineer, and the location of fire hydrants shall also
be approved by the Fire Chief.
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CHAPTER 21.32 - DEDICATIONS AND EXACTIONS
Sections:
21.32.010 - Purpose of Chapter
21.32.020 - Applicability
21.32.030 - Findings Required for Dedications and Exactions
21.32.040 - Park Land Dedications and Fees
21.32.050 - Right -of -Way Dedications
21.32.010 - Purpose of Chapter
This Chapter establishes standards for subdivider dedications of land or payment of fees in
lieu thereof, in conjunction with subdivision approval.
21.32.020 - Applicability
A. Compliance required. All proposed subdivisions shall comply with the requirements
of this Chapter for dedications, reservations, or the payment of in -lieu fees.
B. Conditions of approval. The requirements of this Chapter as they apply to a specific
subdivision shall be described in conditions of approval adopted by the review
authority for the Tentative Map.
21.32.030 - Findings Required for Dedications and Exactions
The review authority may require any of the dedications or exactions through conditions of
approval of a proposed Tentative Map only after first making findings which:
A. Identify the purpose for the dedication or exaction; and
B. Demonstrate that there is a reasonable relationship between the need for the dedication
or exaction and the characteristics and impacts of the subdivision from which the
dedication or exaction is required.
21.32.040 - Park Land Dedications and Fees
A. Purpose. This Section provides for the dedication of land and/or the payment of fees
to the City for park and recreational purposes as a condition of the approval of a
Tentative Map. This Section is enacted as authorized by the provisions of Article 3,
Chapter 4 of the Map Act, also known as the "Quimby Act."
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B. Applicability.
21.32
1. Land dedication and/or fee payment required. As a condition of Tentative Map
approval, the subdivider shall dedicate land and/or pay a fee in compliance with
this Section for the purpose of developing new or rehabilitating existing park or
recreation facilities to serve the subdivision.
2. Exemptions. The provisions of this Section do not apply to industrial or
commercial subdivisions, condominium projects or stock cooperatives which
consist of the subdivision of airspace in an existing apartment building which is
more than five years old when no new dwelling units are added, or to any other
subdivisions exempted by Map Act Section 66477.
C. Amount of parkland required. The amount of acreage required to be dedicated by a
residential subdivider for park and recreational purposes shall be based upon the
number of dwelling units expected in the subdivision. The required dedication shall
be computed using the following formula:
X = .005(UP)
Where:
X = Amount of parkland required, in acres.
U = Total number of approved dwelling units in the subdivision.
P = 3.4 for attached single-family dwellings;
2.9 for attached single-family (townhouse) dwellings, duplexes, and multi-
family dwellings containing four or fewer dwelling units;
2.1 for multi -family dwellings containing five or more unit; and
2.0 for mobile homes.
D. Formula for fees in lieu of land. If the entire parkland obligation for a proposed
residential subdivision is not satisfied by dedication in compliance with Subsection C.
above, the subdivider shall pay a fee to the City in lieu of dedication, as a condition of
Tentative Map approval. The fee shall equal the parkland obligation derived from the
formula in Subsection C., less the amount of parkland, if any, offered for dedication by
the subdivider, times the average per -acre fair market value for the appropriate park
planning area.
For purposes of determining the required fee, the term "fair market value" shall mean
the market value of the land as determined by the staff of the City, and approved by
the Commission or Council, prior to or at Tentative Map approval. If the subdivider
objects to the valuation, the subdivider, at his/her own expense, may obtain an
appraisal of the property by a qualified real estate appraiser approved by the City
whose appraisal may be accepted by the City if found reasonable. Fair market value
may be determined by mutual agreement of the City and subdivider; however,
decisions of the City as to fair market value shall be final and conclusive.
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Dedications and Exactions 21.32
E. Criteria for requiring dedication and fees. In subdivisions of over 50 lots, the City
may require the subdivider to dedicate both land and pay a fee, as follows:
1. Determination of land or fee. Whether the City accepts land dedication or elects
to require payment of a fee in lieu thereof, or a combination of both, shall be
determined by consideration of the following:
a. The Resource Management Element of the General Plan, City-wide
Comprehensive Parks Master Plan, and any applicable Specific Plans, and the
compatibility of dedication with those plans;
b. Topography, geology, access, size, shape and the location of land in the
subdivision available for dedication;
c. Feasibility of dedication; and
d. Availability of previously acquired park property.
2. Fees only. Only the payment of fees shall be required in subdivisions of 50
parcels or less, except that when a condominium project, stock cooperative, or
community apartment project exceeds 50 dwelling units, dedication of land may
be required even though the number of actual parcels may be less than 50.
3. Procedure for determining land or fee. The review authority shall determine
whether the subdivider shall dedicate land, pay in -lieu fees, or provide a
combination of both, at the time of Tentative Map approval. The determination
of the review authority shall be based on a report and recommendation from the
Director. The recommendation by the Director and the action of the review
authority shall consider the factors in Subsection E.1 above, and shall include the
following:
a. The amount of land required;
b. Whether a fee shall be charged in lieu of land;
c. Whether land and a fee shall be required, and/or that a stated amount of
credit be given for private recreation facilities;
d. The location and suitability of the park land to be dedicated or use of in -lieu
fees; and
e. The approximate time when development of the park or recreation facility
shall commence.
The determination of the City as to whether land shall be dedicated, or whether
a fee shall be charged, or a combination thereof, shall be final and conclusive.
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4. Formula for land and fees. When both land dedication and fee payment are
required, they shall be subject to the following formula:
a. When only a portion of the land to be subdivided is proposed in the Resource
Management Element, City-wide Comprehensive Parks Master Plan, or
applicable Specific Plan as the site for a local park, that portion shall be
dedicated for local park purposes, and a fee computed as provided by
Subsection D. shall be paid for any additional land that would have been
required to be dedicated by Subsection C.
b. When a major part of the local park or recreational site has been acquired by
the City and only a small portion of land is needed from the subdivision to
complete the site, the remaining portion shall be dedicated, and a fee
computed as provided by Subsection D. shall be paid in an amount equal to
the value of the land that would otherwise have been required to be
dedicated by Subsection C. The fees shall be used for the improvement of the
existing park or recreational facility serving the subdivision.
5. Credit for improvements. If the subdivider provides park and recreational
improvements on dedicated land, the value of the improvements together with
any installed equipment shall be a credit against the required fees or land.
6. Credit for private recreation or open space. Where a substantial private park and
recreational area is provided in a proposed subdivision, and will be privately
owned and maintained by the future residents of the subdivision, partial credit,
not to exceed 75 percent, may be given against the requirement of land dedication
or payment of fees in lieu thereof if the review authority finds all of the following:
a. Yards, court areas, setbacks, and other open areas required to be maintained
by the zoning and building ordinances and regulations shall not be included
in the computation of the private open space;
b. The private ownership and maintenance of the open space is adequately
provided for by recorded written agreement, conveyances, or restrictions;
c. The use of the private open space is restricted for park and recreational
purposes by recorded covenants, which run with the land in favor of the
future owners of property and which cannot be defeated or eliminated
without the consent of the City;
d. The proposed private open space is usable for active recreation; and
e. Facilities proposed for the open space are in substantial compliance with the
provisions of the Resource Management Element and City-wide
Comprehensive Parks Master Plan.
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Dedications and Exactions 21.32
F. Suitability of land to be dedicated. Each park site proposed for dedication in
compliance with this Section shall be physically suited for the intended use.
Land which is made part of a park site for subdivision design purposes, but which
is physically unsuited for park use, shall not be considered when calculating the
area of the park site provided in compliance with this Section. The park space
provided shall be calculated from the road rights-of-way and interior property
lines abutting the site, and not from any abutting roadway centerline.
2. Land intended for other than trail use shall have a maximum slope of three
percent. If necessary, the site shall be graded by the subdivider to achieve this
slope, in compliance with plans approved by the City. Land which has an
average slope of more than three percent may be counted as part of the park
dedication requirement where the review authority determines that special
circumstances exist which would make the acceptance of the land in the public
interest. The amount of credit against the park obligation in these cases shall be
calculated as shown in Table 3-1. Greater credit for sites in excess of three percent
slope may be granted where the review authority determines that a site contains
an exceptional visual, biotic, or other natural resource.
TABLE 3-1
CREDIT FOR DEDICATION BASED ON SLOPE
Park:Site:Slopo
Credit Againstlark Obli atiat
0 to 3%
100%
3.1 to 10%
87%
10.1 to 20%
56%
Over 20%
10%
3. If the Council determines that any of the land proposed to be dedicated is not
suitable for park use, it may reject all or any portion of the land offered, and in
that event the subdivider shall instead pay a fee in compliance with Subsection
D., above.
G. Conveyance of land, payment of fees. Real property being dedicated for park
purposes shall be conveyed by the Parcel or Final Map in fee simple absolute, to the
City by the subdivider, free and clear of all encumbrances except those which, in the
opinion of City Attorney, will not interfere with use of the property for park and
recreational purposes, and which the Council agrees to accept. The amount of required
fees shall be deposited with the City at the time of submittal of a Parcel or Final Map.
The fees shall be held by the City until the map is recorded, or the time for recordation
expires. The subdivider shall provide all fees and instruments required to convey the
land, and title insurance approved by the City Attorney in favor of the City in an
amount equal to the value of the land.
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February 2,1999 III -21
Dedications and Exactions
21.32
H. Use of collected fees: Fees collected in compliance with this Section shall be used only
for the purpose of providing new or rehabilitating existing park or recreational
facilities reasonably related to serving the proposed subdivision. Any fees collected
shall be committed within five years after payment, or issuance of building permits on
one-half of the lots created by the subdivision, whichever occurs later. If the fees are
not committed, they shall be distributed and paid to the then record owners of the
subdivision in the same proportion that the size of their lot bears to the total area of all
lots within the. subdivision.
21.32.050 - Right -of -Way Dedications
A. Offers of dedication required. As a condition of Tentative Map approval, the
subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of
all land within the subdivision that is determined by the review authority to be needed
for public and private streets and alleys, including access rights and abutters' rights;
drainage; public and private greenways; scenic easements, public utility easements;
and any other necessary public and private easements.
B. Improvements. The subdivider shall construct or agree to construct all improvements
approved or required for the subdivision, including access rights and abutters' rights,
in compliance with the City's Development Improvement Standards, Requirements, and
Guidelines.
C. Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate
the required improvements. In addition, where parcels front on a City -maintained
road of insufficient width, or when the existing right-of-way is not deeded, the
subdivider shall dedicate right-of-way sufficient for the ultimate facility.
D. Bicycle paths. If the approved subdivision contains 200 or more parcels, any
subdivider who is required to dedicate roadways to the public, shall dedicate
additional land for bicycle paths for the use and safety of the residents of the
subdivision.
E. Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land
within the subdivision will be required for local transit facilities including bus
turnouts, benches, shelters, landing paths and similar items that directly benefit the
residents of the subdivision if:
The subdivision as shown on the Tentative Map has the potential for 200 dwelling
units or more if developed to the maximum density shown in the General Plan;
and
2. The review authority finds that transit services are or will, within a reasonable
time period, be available to the subdivision.
F. Alternative transportation systems. Whenever the subdivision falls within an area
designated for the development of bikeways, hiking or equestrian trails in the General
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -22
Dedications and Exactions
21.32
Plan, City-wide Comprehensive Parks Master Plan, applicable Specific Plan, or
implementing legislation, the subdivider shall dedicate land as is necessary to provide
for these ways.
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2,1999 III -23
Dedications and Exactions 21.32
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -24
CHAPTER_ 21.34 - IMPROVEMENT PLANS AND
AGREEMENTS
Sections:
21.34.010 - Purpose of Chapter
21.34.020 - Improvement Plans
21.34.030 - Installation of Improvements
21.34.040 - Improvement Agreements and Security
21.34.010 - Purpose of Chapter
This Chapter establishes procedures and requirements for the review and approval of
improvement plans, the installation of improvements, agreements and guarantees for their
installation, and dedications.
21.34.020 - Improvement Plans
After the approval of a Tentative Map, the subdivider shall diligently proceed to complete
any improvements necessary to fulfill the conditions of approval. Improvement shall be
defined as any infrastructure including streets, storm drains, sewers and the like. Before the
construction of any improvements, the subdivider shall submit plans to the City as follows:
A. Preparation and content. Improvement plans shall be prepared by a California
registered civil engineer. Improvement plan submittals shall include the following
information:
1. Any drawings, specifications, calculations, design reports and other information
required by the City Engineer;
2. Grading, drainage, erosion and sediment control, and a storm water pollution
prevention plan (SWPPP) for the entire subdivision; and
3. The improvement plan/ specification checking and construction inspection fees
required by the City Fee Resolution.
B. Submittal of plans. Improvement plans shall be submitted to the City Engineer and
other reviewing agencies for review and approval. Upon the approval of improvement
plans in compliance with Subsection C. following, the subdivider shall also submit to
the City Engineer a detailed cost estimate of all improvements, based on guidelines
provided by the City.
C. Review and approval. Improvement plans shall be reviewed and approved by the
City Engineer, within the time limits provided by Map Act Section 66456.2.
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February 2, 1999 III -25
Improvement Plans and Agreements
21.34
D. Effect of approval. The final approval of improvement plans shall generally be
required before approval of a Parcel or Final Map. The approval of improvement plans
shall not bind the City to accept the improvements nor waive any defects in the
improvements as installed.
21.34.030 - Installation of Improvements
Subdivision improvements required as conditions of approval of a Tentative Map in
compliance with this Chapter (see Section 21.30.020.B) shall be installed as provided by this
Section.
A. Timing of improvements. Required improvements shall be constructed or otherwise
installed only after the approval of improvement plans in compliance with Section
21.34.020, and before the approval of a Parcel or Final Map in compliance with Sections
21.22.060 (Parcel Map Approval) or 21.22.100 (Final Map Approval), except where:
Improvements are deferred in compliance with Section 21.34.040 (Improvement
Agreements and Security); or
2. Improvements are required as conditions on the approval of a subdivision of four
or fewer lots, in which case construction of the improvements shall be required:
a. Only when a permit for development of an affected parcel is issued by the
Department; or
b. At the time the construction of the improvements is required in compliance
with an agreement between the' subdivider and the City, as set forth in
Section 21.34.040 (Improvement Agreements and Security); or
c. At the time set forth in a condition of approval, when the review authority
finds that fulfillment of the construction requirements by that time is
necessary for public health and safety, or because the required construction
is a necessary prerequisite to the orderly development of the surrounding
area.
B. Inspection of Improvements. The construction and installation of required
subdivision improvements shall occur as follows.
1. Supervision. Before starting any work, the contractor engaged by the subdivider
shall designate in writing an authorized representative who shall have the
authority to represent and act for the contractor in contacts with the City. The
designated representative shall be present at the work site at all times while work
is in progress. At times when work is suspended, arrangements acceptable to the
City Engineer shall be made for any emergency work that may be required.
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -26
Improvement Plans and Agreements
2. Inspection procedures.
21.34
a. Inspections required. The City Engineer shall make any inspections as
he/she deems necessary to ensure that all construction complies with the
approved improvement plans. Where required by the City Engineer,.the
developer shall enter into an agreement with the City to pay the fuli cost of
any contract inspection services determined to be necessary by the City
Engineer.
b. Access to site and materials. The City Engineer shall have access to the work
site at all times during construction, and shall be furnished with every
reasonable facility for verifying that the materials and workmanship are in
accordance with the approved improvement plans.
c. Authority for approval. The work done and all materials furnished shall be
subject to the inspection and approval of the City Engineer. The inspection
of the work or materials shall not relieve the contractor of any obligations to
fulfill the work as prescribed.
d. Improper work or materials. Work or materials not meeting the
requirements of the approved plans and specifications may be rejected,
regardless of whether the work or materials were previously inspected by the
City Engineer. In the event that the City Engineer determines that
subdivision improvements are not being constructed as required by the
approved plans and specifications, he or she shall order the work stopped
and shall inform the contractor of the reasons for stopping work and the
corrective measures necessary to resume work. Any work done after
issuance of a stop work order shall be a violation of this title.
3. Notification. The subdivider shall notify the City Engineer upon the completion
of each stage of construction as outlined in this Chapter, and shall not proceed
with further construction until authorized by the City Engineer.
21.34.040 - Improvement Agreements and Security
A subdivider may file a Parcel or Final Map before completion of all the improvements
required by this Title and conditions of approval of the Tentative Map, only when the
subdivider first obtains Council approval of a subdivision improvement agreement executed
and submitted for Council review by the subdivider, and provides the City performance
security as required by this Section. Improvement agreements and required security shall
also comply with Chapter 5 of the Map Act.
A. Contents of improvement agreement. A subdivision improvement agreement shall
be submitted on the a form provided by the City Engineer and approved by the City
Attorney and shall include the following provisions.
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February 2, 1999 II1-27
Improvement Plans and Agreements
21.34
1. Description of improvements. A description of all improvements to be competed
by the subdivider, with reference to the approved subdivision improvement
plans.
2. Time limit for construction. The period within which all required improvements
will be completed -to the satisfaction of the City Engineer.
3. Completion by City. Provide that if the subdivider fails to compete all required
improvements within the specified time, the City may elect to complete the
improvements and recover the full cost and expenses thereof from the subdivider
or the surety, including any attorney and legal fees associated with enforcement
of the agreement.
4. Surety requirement. Require the subdivider to secure the agreement by
furnishing security to insure full and faithful performance and to insure payment
to laborers and material suppliers, as specified in Subsection B. of this Section.
The amount of surety shall be based on an engineer's cost estimate submitted by
the subdivider as provided by Section 21.34.020.B and approved by the City
Engineer. The total cost of improvements to be guaranteed shall be as provided
in the approved engineer's cost estimate.
5. Phased construction. Provisions for the construction of improvements in units,
at the option of the subdivider.
6. Time extensions. Provisions for an extension of time under conditions specified
therein, at the option of the subdivider, consistent with the requirements of
Subsection D. following.
7. Progress payments or partial release. Provide for progress payments from surety
deposits, or partial release of the surety filed to ensure faithful performance of the
contract, at the option of the subdivider, in compliance with the requirements of
Subsection C. following; provided that no progress payment or partial release
shall be construed to be acceptance by the City of any portion of the required
improvements or any defective work or improper materials.
B. Security required to guarantee improvements. A subdivision improvement
agreement or a subdivision road maintenance and repair agreement shall be secured
by adequate surety in a form approved as to form and sufficiency by the City Attorney,
as follows:
1. Type of security. Subdivision improvement agreements shall be secured by all
of the following:
a. A guarantee for "Faithful Performance," in the amount of 100 percent of the
engineer's estimate; and
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -28
Improvement Plans and Agreements
21.34
b. A guarantee for "Materials and Labor," in the amount of 100 percent of the
engineer's estimate.
2. Form of security. The required surety shall consist of one or more, of the
following forms selected by the City Engineer for the full amounts specified in
Subsection B.1 above.
a. A deposit, either with the local agency or a responsible escrow agent or trust
company, at the option of the local agency, of money or negotiable'bonds of
the kind approved for securing deposits of public moneys.
b. A bond or bonds executed by one or more duly authorized corporate sureties;
c. An instrument of credit from an agency of the state, federal, or local
government when any said agency provides at least 20 percent of the
financing for the portion of the act or agreement requiring security, or from
one or more financial institutions subject to regulation by the State or
Federal government pledging that funds necessary to carry out the act or
agreement are on deposit and guaranteed for payment; or a letter of credit
issued by such a financial institution;
d. A lien upon the property to be divided, created by contract between the
owner and the City, where the review authority finds that it would not be in
the public interest to require the installation of the required improvement
sooner than two years after the recordation of the Map, or
e. Any form of security, including security interests in real property, which is
acceptable to the local agency.
C. Progress payments or partial release. No progress payment or partial release of the
surety filed to ensure faithful performance of the contract shall be made except when
the City Engineer has certified that the work required to qualify for payment or release
has been satisfactorily competed and the payment or release has also been approved
by the Council by at least four-fifths vote. No certificate given, progress payment
made, or release of surety, except the final certificate of acceptance, shall be considered
as any evidence of the performance of the agreement either wholly or in part. There
shall be no partial acceptance of any improvements.
D. Time extensions. An extension of time for completion of improvements under a
subdivision improvement agreement shall be granted by the Council only as follows:
1. Public Works report. The City Engineer notifies the Council that either the
subdivider is proceeding to do the work required with reasonable diligence or is
not yet ready to develop the subdivision, and has given satisfactory evidence of
being able and willing to complete all required work within the time of the
requested extension.
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -29
Improvement Plans and Agreements
21.34
2. Agreement by sureties. The sureties agree in writing to extend for the additional
period of time at the original amount of the bond or other surety, or if
recommended by the City Engineer, at an increased amount.
3. Council action. The Council approves the extension by at least a four-fifths vote.
As a condition of granting a time extension, the Council may impose whatever
additional requirements the Council deems reasonable to protect the public
interest.
E. Acceptance of improvements. Before acceptance for maintenance or final approval by
the Council of subdivision improvements, the City Engineer shall verify that the
improvement work has been completed in substantial compliance with the approved
plans and specifications.
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -30
CHAPTER 21.36 - SURVEYS AND MONUMENTS
Sections:
21.36.010 - Purpose of Chapter
21.36.020 - Survey Procedure and Practice
21.36.030 - Monuments
21.36.040 - Survey Information on Final or Parcel Map.
21.36.010 - Purpose of Chapter
This Chapter provides requirements for subdivision survey work, and the placement of
subdivision monuments.
21.36.020 - Survey Procedure and Practice
The procedure and practice of all survey work done on any subdivision, whether for
preparation of a Final Map or Parcel Map shall conform to the standard practices and
principles of land surveying, the California Land Surveyor's Act, and the provisions of this
Chapter. All related documents shall be executed by a California -registered civil engineer
or licensed land surveyor.
A. Traverse. The traverse of the exterior boundaries of the subdivision computed from
field measurements of the ground must close within a limit of error of one foot to
10,000 feet of perimeter before balancing the survey.
B. Field notes. When required by the City Engineer, the engineer or surveyor making the
survey shall prepare complete field notes, in a form satisfactory to the City Engineer,
showing references, ties, locations, elevations and other necessary data relating to
monuments, set in compliance with these regulations, and shall submit the notes to the
City Engineer to be indexed and retained as a part of the permanent public record of
his office.
C. System of coordinates. Whenever the City Engineer has established a system of
coordinates which is within a reasonable distance of the subdivision boundary, as
determined by the City Engineer, the field survey shall be tied into the system.
21.36.030 - Monuments
In surveying a subdivision, the engineer or surveyor shall set sufficient permanent
monuments so that any part of the survey may be readily retraced. Survey monuments shall
be set by the engineer or surveyor for all new subdivisions requiring a Parcel Map or Final
Map, and for any Lot Line Adjustment unless waived by the City Engineer, in compliance
with this Section.
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -31
Surveys and Monuments
A. Boundary monuments.
21.36
1. Boundary monuments shall be set on the exterior boundary of the subdivision at
all corners, angle points, beginnings and ends of curves and at intermediate points
approximately 1,000 feet apart. The locations of inaccessible points may be
established by ties and shall be so noted on the Final Map or Parcel Map.
2. All exterior boundary monuments shall be set prior to recordation of the Final
Map or Parcel Map or as certified on the Final Map.
B. Interior monuments. Whenever interior monuments are required, the monuments
shall be set at:
All block and lot corners and angle points;
2. The beginnings and ends of curves;
3. Points of intersection with centerlines of other existing and proposed streets and
alleys; and
4. The points of intersection with the exterior boundary lines.
C. Monument type and positioning. All monuments set in the course of the survey shall
be as specified by the City Engineer and shall be set to the depth and in the manner
prescribed by the City Engineer.
D. Identification marks. All monuments shall be permanently and visibly marked or
tagged with the registration or license number of the engineer or surveyor who signs
the engineer's or surveyor's certificate and under whose supervision the survey is
made.
E. Replacement of destroyed monuments. Any monument which is disturbed or
destroyed before acceptance of all improvements by the City shall be replaced by the
subdivider.
F. Timing of monument installation. The exterior boundary of the subdivision shall be
completely monumented or referenced before the Final Map or Parcel Map is
submitted to the City Engineer for filing. Interior monuments need not be set at the
time the Final Map or Parcel Map is filed if the engineer or surveyor certifies on the
map that the monuments will be set on or before a specified later date, and if the
subdivider furnishes the City a bond, instrument of credit, or cash deposit in a
.sufficient amount to guarantee payment of the cost of setting the monuments in
compliance with Map Act Section 66496.
G. Notice of completion. Within five days after all monuments have been set, the
engineer or surveyor shall give written notice to the subdivider and the City Engineer
that the final monuments have been set. Verification of payment to the engineer or
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -32
Surveys and Monuments
21.36
surveyor shall be filed as required by Article 9, Chapter 4 of the Map Act. The cost of
setting monuments shall be included in the engineer's estimate for improvements in
compliance with Section 21.34.040 (Improvement Agreements and Security). If
requested, this amount of the bond may be released upon verification of the setting of
the monuments by the City Engineer.
H. Inspection and approval. All monuments shall be subject to the inspection and
approval of the City Engineer.
21.36.040 - Survey Information on Final or Parcel Map.
The following survey information shall be shown on each Final Map or Parcel Map for which
a field survey was made in compliance with this Title.
A. Stakes, monuments (together with their precise position) or other evidence found on
the ground, to determine the boundaries of the subdivision;
B. Corners of all adjoining properties identified by lot and block numbers, subdivision
names, numbers and pages of record, or by section, township and range, or other
proper designation;
C. All information and data necessary to locate and retrace any point or line without
unreasonable difficulty;
D. The location and description of any required monuments to be set after recordation of
the Final Map, and the statement that they are "to be set";
E. Bearing and length of each lot line, block line and boundary line and each required
bearing and distance;
F. Length, radius and angle of each curve and the bearing of each radial line to each lot
corner on each curve;
G. The centerlines of any street or alley in or adjoining the subdivision which have been
established by the City Engineer, together with reference to a field book or map
showing the centerline and the monuments which determine its position. If
determined by ties, that fact shall be so stated;
H. Any other survey data or information as may be required to be shown by the City
Engineer or by the provisions of this Chapter.
Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development
February 2, 1999 III -33
ARTICLE IV
Subdivision Ordinance Definitions
Chapter 21.40- Definitions ................................................ IV -3
21.40.010 - Purpose of Chapter ........................................... IV -3
21.40.020 - Definitions of Specialized Terms and Phrases ................... IV -3
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2, 1999 IV -1
Contents
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2,1999 IV -2
CHAPTER 21.40 - DEFINITIONS
21.40.010 - Purpose of Chapter
This Chapter provides definitions for the subdivision design and development terminology
used in this Subdivision Ordinance.
21.40.020 - Definitions of Specialized Terms and Phrases
As used in this Title, the following terms and phrases shall have the meaning ascribed to
them in this Section, unless the context in which they are used clearly requires otherwise.
A. Definitions, "A." The following definitions are in alphabetical order.
Agent. A person authorized in writing by a property owner or lessee to represent and
act for a property owner in contacts with City employees, committees, Commissions, and
the Council, regarding matters regulated by this Title.
Alley. A public or private roadway, generally not more than 30 feet wide that provides
vehicle access to the rear or side of parcels having other public street frontage, that is not
intended for general traffic circulation.
Approval. Includes both approval and approval with conditions.
B. Definitions, "B." The following definitions are in alphabetical order.
Building Official. The City of Diamond Bar employee or independent contractor
designated by the Council as the Building Official.
C. Definitions, "C." The following definitions are in alphabetical order.
California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21000 et seq.
City. The City of Diamond Bar, State of California, referred to in this Title as the "City."
City Council. The Diamond Bar City Council, referred to in this Title as the "Council."
City Engineer. The City of Diamond Bar employee or independent contractor
designated by the Council as City Engineer.
Commission. See 'Planning Commission."
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2, 1999 IV -3
Definitions
C
Common Interest Development. Includes a condominium, community apartment
project, townhouse, planned development, or stock cooperative, in compliance with Civil
Code 1351.
Community Apartment Project. A development in which an undivided interest inland
is coupled with the right of exclusive occupancy of any apartment on the land, as
defined in Business and Professions Code Section 11004, and Civil Code 1351(d).
Condominium. As defined by Civil Code Section 951(f), a development where
undivided interest in common in a portion of real property is coupled with a separate
interest in space called a unit, the boundaries of which are described on a recorded final
map or parcel map. The area within the boundaries may be filled with air, earth, or
water, or any combination thereof, and need not be physically attached to any land
except by easements for access and, if necessary, support.
County. The County of Los Angeles, State of California.
County Recorder. The Los Angeles County Recorder.
Cul-de-sac. A street which is designed to remain permanently closed at one end.
D. Definitions, "D." The following definitions are in alphabetical order.
Density. The number of housing units per net acre, unless otherwise stated, for
residential uses.
Department. The Diamond Bar Community and Development Services Department,
referred to in this Title as 'Department."
Development. Any construction activity or alteration of the landscape, its terrain
contour or vegetation, including the erection or alteration of structures. New
development is any construction, or alteration of an existing structure or land use, or
establishment of a land use, after the effective date of this Title.
Development Code. The Diamond Bar Development Code, Title 22 of the Diamond Bar
Municipal Code, referred to herein as "the Development Code."
Director. Where the term "Director" is used in this Title, the title shall mean the Deputy
City Manager responsible for Community and Development Services.
Dwelling unit. Any structure designed or used for the shelter or housing of one or more
persons.
E. Definitions, "E." The following definitions are in alphabetical order.
Elevation. Height or distance above sea level.
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2,1999 IV -4
Definitions
fy
Exaction. A requirement for the dedication of land or the payment of a fee, imposed as
a condition of development project approval, in response to the anticipated impacts of
a proposed project on the community.
F. Definitions, "F." The following definitions are in alphabetical order.
Feasible. Capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social and technological
factors.
Fill. A deposit of earth material placed by artificial means.
Finish grade. See "Grade."
G. Definitions, "G." The following definitions are in alphabetical order.
General Plan. The City of Diamond Bar General Plan, including all elements thereof and
all amendments thereto, as adopted by the City Council under the provisions of
Government Code Sections 65300 et seq., and referred to in this Title as the "General
Plan."
Grade. The ground surface immediately adjacent to the exterior base of a structure,
typically used as the basis for measurement of the height of the structure.
1. Existing or natural grade. The contour of the ground surface before grading.
2. Finish grade. The final contour of the ground surface of a site that conforms to the
approved grading plan.
Natural grade. The elevation of the ground level in its natural state before grading,
filling or construction.
4. Street grade. The elevation of the centerline of the street adjacent to the site
proposed for development.
Grading. To bring an existing surface to a designed form by excavating, filling, or
smoothing operations.
1. Conventional grading. See Figure 4-1.
a. Conventionally graded slopes are characterized by essentially linear, flat slope
surfaces with unvarying gradients and angular slope intersections. Resultant
pad configurations are rectangular.
b. Slope drainage devices are usually constructed in a rectilinear configuration in
exposed positions.
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2, 1999 IV -5
Definitions G
c. Landscaping is applied in random or geometric patterns.
2. Contour grading. See Figure 4-2.
a. Contour -graded slopes are basically similar to conventionally graded slopes
except that in plan the slopes are curvilinear rather than linear, the gradients are
unvarying and profiles are planar, transition zones and slope intersections have
generally some rounding applied. Resultant pad configurations are mildly
curvilinear.
b. Slope drainage devices are usually constructed in a geometric configuration and
in an exposed position on the slope face.
c. Landscaping is applied in random or geometric patterns.
3. Landform grading. See Figure 4-3.
a. Landform grading replicates the irregular shapes of natural slopes resulting in
aesthetically pleasing elevations and profiles. Landform -graded slopes are
characterized by continuous series of concave and convex forms interspersed
with mounds that blend into the profiles, not linear in plan view, and varying
slope gradients, and significant transition zones between man-made and natural
slopes. Resultant pad configurations are irregular.
b. Slope down -drain devices either follow the natural line of the slopes or are
tucked away in special swale and berm combinations in order to conceal the
drains from view. Exposed segments in high visibility areas are treated with
natural rock.
c. Landscaping becomes a "revegetation" process and is applied in patterns that
occur in nature: trees and shrubs are concentrated largely in concave areas,
while convex portions are planted mainly with groundcovers.
H. Definitions, "H." The following definitions are in alphabetical order.
Hearing Officer. The Diamond Bar Community and Development Services Department
employee designated by the Community Development Director as the City's Hearing
Officer, with the authority and responsibility to conduct public hearings and approve
or disapprove subdivision applications in compliance with Article 11 (Subdivision
Review Procedures).
Hillside. A parcel of land which contains grades in excess of 10%.
I. Definitions, "I." The following definitions are in alphabetical order.
Improvement. Any public infrastructure, including streets, storm drains, sewers and the
like.
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2, 1999 IV -6
Definitions
Definitions, "J." No definitions of terms beginning with the letter "J" are used at this
time.
K. Definitions, "K." No definitions of terms beginning with the letter "K" are used at this
time.
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2, 1999 IV -7
Definitions
Conventionally Graded Slopes
Figure 4-1
CONVENTIONAL GRADING
Contour -Graded Slopes
Figure 4-2
CONTOUR GRADING
Landfon p4recled Slopes
Figure 4-3
LANDFORM GRADING
rA-
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2, 1999 IV -8
Definitions L
L. Definitions, "L." The following definitions are in alphabetical order.
Land use permit. Authority granted by the City to use a specified site for a particular
purpose, including Conditional Use Permits and Minor Conditional Use Permits,
Planned Development Permits, Temporary Use Permits, Variances and Minor Variances,
and Zoning Clearances, as established by Article IV (Land Use and Development Permit
Procedures) of the Development Code.
Lot or parcel. A recorded lot or parcel of real property under single ownership, lawfully
created as required by the Subdivision Map Act and City ordinances, including this Title.
Types of lots include the following. See Figure 4-4 (Lot Types).
1. Corner lot. A lot located at the intersection of two or more streets, where they
intersect at an interior angle of not more than 135 degrees. If the intersection angle
is more than 135 degrees, the lot is considered an interior lot.
2. Flag lot. A lot having access from the building site to a public street by means of
private right-of-way strip that is owned in fee.
3. Interior lot. A lot abutting only one street.
4. Key lot. An interior lot, the front of which adjoins the side property line of a corner
lot.
5. Reverse corner lot. A corner lot, the rear of which abuts a key lot.
6. Through lot. A lot with frontage on two generally parallel streets.
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2,1999 IV -9
Definitions
corner
I
Key Lot
Reverse
Lot
Corner Lot
i Interior
Lot
i
Figure 4-4
LOT TYPES
Front Lot
Line
Figure 4-5
LOT FEATURES
Easement
L
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2, 1999 IV -10
Definitions
L
Lot area. Gross lot area is the total area included within the lot lines of a lot, exclusive
of adjacent dedicated street rights of way. Net lot area is exclusive of easements,
including those for utilities or flood control channels, which limit the use of the lot.
Lot coverage. See "Site Coverage."
Lot depth. The average linear distance between the front and the rear lot lines or the
intersection of the two side lot lines if there is no rear line. See Figure 4-5 (Lot Features).
The Director shall determine lot depth for parcels of irregular configuration.
Lot frontage. The boundary of a lot adjacent to a public street right-of-way.
Lot line or property line. Any recorded boundary of a lot. Types of lot lines are as
follows (see Figure 4-5 (Lot Features)):
1. Front lot line. On an interior lot, the property line separating the parcel from the
street. The front lot line on a corner lot is the line with the shortest frontage. (If the
lot lines of a corner lot are equal in length, the front lot line shall be determined by
the Director.) On a through lot, both lot lines are front lot lines and the lot is
considered to have no rear lot line.
2. Interior lot line. Any lot line not abutting a street.
3. Rear lot line. A property line that does not intersect the front lot line, which is most
distant from and most closely parallel to the front lot line.
4. Side lot line. Any lot line that is not a front or rear lot line.
Lot width. The horizontal distance between the side lot lines, measured at right angles
to the lot depth at a point midway between the front and rear lot lines. See Figure 4-5
(Lot Features). The Director shall determine lot width for parcels of irregular shape.
M. Definitions, "M." The following definitions are in alphabetical order.
Map Act. See "Subdivision Map Act."
Mobile Home Park. Any site that is planned and improved to accommodate two or
more mobile homes used for residential purposes, or on which two or more mobile home
lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or
lease and later converted to a subdivision, cooperative, condominium, or other form of
resident ownership, to accommodate mobile homes used for residential purposes.
Municipal Code. The City of Diamond Bar Municipal Code, as it maybe amended from
time to time by the Council.
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2, 1999 IV -11
Definitions N
N. Definitions, "N" The following definitions are in alphabetical order.
Natural grade. See "Grade."
Natural slope. See "Slope."
Nonconforming parcel. A parcel that was legally created prior to the adoption of this
Title and which does not conform to current Code provisions / standards (e.g.,access, area
or width requirements, etc.) prescribed for the zoning district in which the parcel is
located.
O. Definitions, "O." The following definitions are in alphabetical order.
Occupancy. All or a portion of a structure occupied by one tenant.
Open Space, Common. Outdoor areas within a development project that may be used
by all residents/ tenants of the site.
Open Space, Private. An outdoor area within a development project that is reserved for
use by the residents/ tenants of a specific unit or portion of the site.
P. Definitions, "P." The following definitions are in alphabetical order.
Pad. A level area created by grading to accommodate development.
Parcel. See "Lot, or Parcel."
Permitted Use. A use of land identified by Article Il (Zoning Districts and Allowable
Land Uses) of the Development Code as being allowed in a particular zoning district,
subject to the approval of a Zoning Clearance, in compliance with Chapter 22.46 (Zoning
Clearances).
Person. Any individual, firm, co -partnership, corporation, company, association, joint
stock association; city, county, state, or district; and includes any trustee, receiver,
assignee, or other similar representative thereof.
Planned Development. As defined by Civil Code Section 1351(k), a development (other
than a community apartment project, condominium, or stock cooperative) having either
or both of the following features:
1. The common area is owned either by an association or in common by the owners of
the separate interests who possess appurtenant rights to the beneficial use and
enjoyment of the common area; and/or
2. A power exists in the association to enforce an obligation of an owner of a separate
interest with respect to the beneficial use and enjoyment of the common area by
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2,1999 IV -12
Definitions
P
means of an assessment which may become a lien upon the separately owned parcel,
or area incompliance with Civil Code Section 1367.
Planning Commission. The Diamond Bar Planning Commission, appointed by the
Diamond Bar City Council in compliance with Government Code Section 65101, referred
to throughout this Title as the "Commission."
Primary structure. A structure that accommodates the primary use of the site.
Primary use. The main purpose for which a site is developed and/or used, including
the activities that are conducted on the site a majority of the hours during which
activities occur.
Q. Definitions, "Q." No definitions of terms beginning with the letter "Q" are used at this
time.
R. Definitions, "R." The following definitions are in alphabetical order.
Review authority. The individual or official City body (the Community Development
Director, Planning Commission, or City Council) identified by this Title as having the
responsibility and authority to review, and approve or disapprove the permit
applications described in Article II (Subdivision Review Procedures).
S. Definitions, "S." The following definitions are in alphabetical order.
Significant Ecological Area (SEA). Areas designated by the County of Los Angeles as
containing significant biological resources. A portion of the City and the majority of its
sphere of influence are within the Tonner Canyon/Chino Hills SEA 15, which contains
a significant regional riparian woodland complex, supporting a variety of habitats
containing representative plant and animal groups.
Site. A parcel or adjoining parcels under single ownership or single control, considered
a unit for the purposes of development or other use.
Slope. An inclined ground surface, the inclination of which is expressed as a ratio of
horizontal distance (run) to vertical distance (rise), or change in elevation. The percent
of any given slope is determined by dividing the rise by the run, multiplied by 100.
1. Average slope. Average slope shall be determined by using the following formula:
S = 0.002296 (I x L)
A
Where: S = Average slope of the parcel in percent
A = Total number of acres in the parcel
L = Length of contour lines in scaled feet
I = Vertical distance of contour interval in feet
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2, 1999 IV -13
Definitions
2. Man-made slope. A manufactured slope consisting wholly or partially of either cut
or filled material.
3. Natural slope. A slope which is not man-made. A natural slope may retain natural
vegetation during adjacent grading operations or it may be partially or completely
removed and replanted.
Slope transition. The area where a slope bank meets the natural terrain or a level
graded area either vertically or horizontally.
State. The State of California.
Stock Cooperative. A development defined by Business and Professions Code 11003.2
and Civil Code Section 1351(m), where a corporation is formed to hold title to improved
real property and the shareholders in the corporation receive a right of exclusive
occupancy in a portion of the real property.
Street. A public thoroughfare accepted by the City, which affords principal means of
access to abutting property, including avenue, place, way, drive, lane, boulevard,
highway, road, and any other thoroughfare except an alley as defined in this Subsection.
Street line. The boundary between a street right-of-way and property.
Structure. Anything constructed or erected, the use of which requires attachment to the
ground or attachment to something located on the ground. For the purposes of this Title,
the term "structure" includes "buildings.'
Structure, primary. See "Primary Structure."
Subdivider. A person, firm, corporation, partnership or association, a governmental
agency, public entity, or public utility, or the grantor to any such agency, entity, utility,
or subsidiary, who proposes to subdivide for themselves or others, except employees
and consultants or other persons or entities acting in this capacity on behalf of the
subdivider.
Subdivision. The division, by any subdivider, of any unit or units of improved or
unimproved land or any portion thereof shown on the latest equalized Los Angeles
County assessment roll as a unit or contiguous units, for the purpose of sale, lease or
financing, whether immediate or future. Property shall be considered as contiguous
units, even if it is separated by roads, streets, utility easement or railroad rights-of-way.
"Subdivision" includes a condominium project, as defined in subdivision (f) of Section
1351 of the Civil Code, a community apartment project, as defined in subdivision(d) of
Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units
to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code.
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
IV -14
February 2, 1999
Definitions
[/
Subdivision Map Act, or Map Act.. Division 2, Title 7 of the California Government
Code, commencing with Section 6610 as presently constituted, and any amendments
to those provisions.
T. Definitions, "T." No definitions beginning with the letter "T" are used at this time.
U. Definitions, "U." The following definitions are in alphabetical order.
Use. The purpose for which land or a structure is designed, arranged, intended,
occupied, or maintained.
Use, primary. See "Primary Use."
V. Definitions, "V." No definitions of terms beginning with the letter W" are used at this
time.
W. Definitions, "W." No definitions of terms beginning with the letter "W" are used at this
time.
X. Definitions, "X." No definitions of terms beginning with the letter 'X' are used at this
time.
Y. Definitions, "Y." No definitions of terms beginning with the letter "Y" are used at this
time.
Z. Definitions, "Z." The following definitions are in alphabetical order.
Zoning district. Any of the residential, commercial, industrial, special-purpose, or
combining districts established by Article H of the Development Code (Zoning Districts
and Allowable Land Uses), within which certain land uses are allowed or prohibited,
and certain site planning and development standards are established (e.g., setbacks,
height limits, site coverage requirements, etc.).
Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions
February 2,1999 IV -15
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 16, 1999 REPORT DATE: February 10, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Landscaping Assessment District Number 38, 39 and 41.
SUMMARY: The City of Diamond Bar has an annual program for the maintenance of public
improvements and intends to continue the program by special assessments upon lands within the
City's Landscaping Assessment District Numbers 38, 39 and 41. Funds must be provided to
enable these Districts to continue their operation during the 1999-2000 Fiscal Year. Proceedings
for the maintenance of said improvements will be pursuant to the provisions of the Landscape and
Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California.
RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar
adopt the attached Resolutions to initiate the proceedings for District 38, 39 and 41 ordering the
preparation of the appropriate engineer reports.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution(s) _ Bid Specification
_ Ordinances(s) _ Other:
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? 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? X Yes No
Report discussed with the following affected departments:
REVIEWED BY:
� �A41, � 4�d
TerrenceL. la ger James DeStefano G. iu
City Manage Deputy City Manager Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: February 16, 1999
TO: Honorable mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Landscaping Assessment District Number 38, 39 and 41
ISSUE STATEMENT:
The City desires to continue its annual program for the maintenance of public improvements upon
lands within the City Landscaping Assessment Districts 38, 39 and 41.
RECOMMENDATION:
It is recommended that the City Council of the City of Diamond Bar adopt the attached Resolutions
to initiate the proceedings for District 38, 39 and 41 ordering the preparation of the appropriate
engineer reports.
FINANCIAL SUMMARY:
The Districts will pay for the cost of the proceedings. There will be no impact on the City's General
Fund.
BACKGORUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping, as well as open space
improvements, and intends to continue said program by special assessments upon lands within the
City. Funds must be provided to enable District Numbers 38, 39 and 41 to continue their operation
during the 1999-2000 Fiscal Year. Proceedings for the maintenance of public improvements will be
pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the
Streets and Highways Code of the State of California.
Prepared By:
David G. Liu
Word/Council Reporls/L.andscape Assess. 1999/2000
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ASSESSMENT DISTRICT N0.41
FISCAL YEAR 1999-2000
forth•
CRY OF DIAMOND BAR
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RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN
THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 1999-00
A. RVOTTaT-St
(i) Heretofore the City of Diamond Bar Assessment District
No. 38 was created pursuant to Part 2 of Division 15 of the
California Streets and Highways Code (S§ 22500, et. seq.).
(ii) California Streets and Highways Code S 22622 provides
that this Council shall adopt a resolution generally describing any
proposed new improvements or substantial changes in existing
improvements in such a district and ordering the City Engineer to
prepare and file a report related to annual maintenance and
assessment in such a district.
(iii) New improvements include landscaping and construction
of median islands on Golden Springs Drive from Gona Court to Lemon
Avenue, but no other substantial changes in existing improvements
are proposed for said Landscaping Assessment District No. 38.
(iv) All legal prerequisites to the adoption of this
Resolution have occurred.
•1y r
NOW, THEREFORE, THE City Council of the City of Diamond Bar
does hereby find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution,
are in all respects true and correct.
2. The City Engineer hereby is ordered and directed to
prepare an annual report as specified in California
1
Streets and Highways Code §§ 22565, et seq., with respect
to City of Diamond Bar Assessment District No. 38 for
Fiscal Year 1999-00.
3. The City Clerk shall certify to the adoption of this
resolution.
PASSED, ADOPTED AND APPROVED this day of
Mayor
, 1999.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1999, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN
THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 1999-00
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District
No. 39 was created pursuant to Part 2 of Division 15 of the
California Streets and Highways Code (SS 22500, et. seq.).
(ii) California Streets and Highways Code S 22622 provides
that this Council shall adopt a resolution generally describing any
proposed new improvements or substantial changes in existing
improvements in such a district and ordering the City Engineer to
prepare and file a report related to annual maintenance and
assessment in such a district.
(iii) No new improvements or substantial changes in existing
improvements are proposed for said Landscaping Assessment District
No. 39.
(iv) All legal prerequisites to the adoption of this
Resolution have occurred.
B. BESnLQTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar
does hereby find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution,
are in all respects true and correct.
2. The City Engineer hereby is ordered and directed to
prepare an annual report as specified in California
1
Streets and Highways Code §§ 22565, et seq., with respect
to City of Diamond Bar Assessment District No. 39 for
Fiscal Year 1999-00.
3. The City Clerk shall certify to the adoption of this
resolution.
PASSED, ADOPTED AND APPROVED this day of
Mayor
, 1999.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1999, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
2
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN
THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 1999-00
A. RRrTTBLfl
(i) Heretofore the City of Diamond Bar Assessment District
No. 41 was created pursuant to Part 2 of Division 15 of the
California Streets and Highways Code (SS 22500, et. seq.).
(ii) California Streets and Highways Code S 22622 provides
that this Council shall adopt a resolution generally describing any
proposed new improvements or substantial changes in existing
improvements in such a district and ordering the City Engineer to
prepare and file a report related to annual maintenance and
assessment in such a district.
(iii) New improvements include landscaping of slopes, open
space/green belt areas, but no other substantial changes in
existing improvements are proposed for said Landscaping Assessment
District No. 41.
(iv) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RESQLIITIAN
NOW, THEREFORE, THE City Council of the City of Diamond Bar
does hereby find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution,
are in all respects true and correct.
2. The City Engineer hereby is ordered and directed to
1
prepare an annual report as specified in California
Streets and Highways Code §S 22565, et seq., with respect
to City of Diamond Bar Assessment District No. 41 for
Fiscal Year 1999-00.
3. The City Clerk shall certify to the adoption of this
resolution.
PASSED, ADOPTED AND APPROVED this day of
Mayor
, 1999.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1999, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
2
F
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAGER
SUBJECT: ADVANCE AND REIMBURSEMENT AGREEMENT NO. l 1
DATE: FEBRUARY 11, 1999
RECOMMENDATION:
It is recommended that the City Council adopt a resolution approving
Advance and Reimbursement Agreement Number 11 with the Diamond
Bar Redevelopment Agency in the amount of $32,000.
DISCUSSION:
In September 1996, the Redevelopment Agency proceeded with a
redevelopment plan adoption process for the Diamond Bar Economic
Revitalization Area. Included within this project area is the Gateway
Corporate Center. The $32,000 requested in this Advance and
Reimbursement Agreement No. 11 will be used to fund the real estate
economic cost/benefit analyses and reports ($20,000) and for special legal
services ($12,000) related to the development of office buildings on Los
22 and 23 located within the Gateway Corporate Center. The primary
tenant of this office complex is Allstate Insurance, a Fortune 500
company, which will house an estimated 1,000 employees.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING ADVANCE AND
REIMBURSEMENT AGREEMENT NUMBER 11
WITH THE DIAMOND BAR REDEVELOPMENT AGENCY
The City Council of the City of Diamond Bar hereby finds, determines, resolves
and orders as follows:
SECTION 1. The Advance and Reimbursement Agreement Number 11 for
Administrative and Overhead Expenses, attached here to as Exhibit "A", is hereby approved. The
Mayor is hereby authorized and directed to execute such Advance and Reimbursement Agreement
Number 11 for and on behalf of the City.
PASSED, APPROVED AND ADOPTED this day of , 1999.
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1999, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
3.
4
5
L-1
REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR y°
REGULAR MEETING OF THE BOARD OF DIRECTORS 4011:.:' . )N
FEBRUARY 2, 1999 4,
CALL TO ORDER: Chair/Ansari called the meeting to order at 8:38 p.m. in
the South Coast Air Quality Management District Auditorium, 21865 E. Copley
Drive, Diamond Bar, California.
ROLL CALL: Agency Members Chang, Herrera, O'Connor, Vice
Chairman Huff, Chairwoman/Ansari.
Also present were: Terrence L. Belanger, Executive Director; Mike 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, Finance Director and
Lynda Burgess, Agency Secretary.
PUBLIC COMMENTS: None Offered.
CONSENT CALENDAR: AM/Herrera moved, AM/Chang seconded, to approve the
Consent Calendar. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS - Chang, Herrera, O'Connor, VC/Huff,
Chair/Ansari
NOES: AGENCY MEMBERS - None
ABSENT: AGENCY MEMBERS - None
3.1 APPROVED MINUTES - Regular Meeting of January 19, 1999 - as
submitted.
PUBLIC HEARINGS: None
OLD BUSINESS: None
NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS: AM/Herrera congratulated the City on its
successful approval by the Court of the validity of the City's Redevelopment Plan.
She stated that it was extremely unfortunate that the City was forced to spend
$75,000 on this lawsuit when the money could have been spent on programs that
would benefit the citizens.
AM/Chang echoed AM/Herrera's comments. Without Redevelopment Agency
money, it would be very difficult to revitalize the City. On January 21, 1999, Agency
Members/City Council Members attended the Travelers Insurance Company ground
breaking ceremonies at the Gateway Corporate Center.
VC/Huff stated that the Travelers Insurance Company ground breaking is a special
FEBRUARY 2, 1999 PAGE 2 REDEV. AGENCY
moment for the City. Redevelopment was the tool that made it possible to attract
this quality business to D.B. He indicated that the representative of the company
that is bringing Allstate Insurance Company to the community told him that the City
has been a joy to work with in terms of professionalism and being responsive to
outlining the needs of what is expected of the company to meet the requirements
of the City. The representative further stated that if all cities were like D.B., it would
make his job much easier. He credited staff with increasing customer service to the
citizens and to those who seek to do business in the community. VC/Huff further
stated that it is estimated that tax increment monies will be returned to the City at
a faster rate than was originally anticipated.
Chair/Ansari stated that last Thursday, she attended a Building Industry dinner. An
Inland Valley economist said that business is increasing two -fold and that 1999
should witness the most rapid business increase. D.B. is at the hub of four counties
and near to Ontario Airport, which makes it attractive for businesses to locate in the
City. The Orange County Register recently reported that D.B. is business friendly.
Council and staff have worked very hard to attract businesses to the community that
will have a positive impact on real estate sales, restaurants and other service
businesses.
AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari
adjourned the meeting at 7:48 p.m.
ATTEST:
Chairman
LYNDA BURGESS
Agency Secretary
DIAMOND BAR REDEVELOPMENT AGENCY
INTEROFFICE MEMORANDUM
TO: Chairman Ansari and Board Member Huff
FROM: Linda G. MagnusonqNFinance Director
SUBJECT: Voucher Register, February 16, 1999
DATE: February 10, 1999
Attached is the Voucher Register dated February 16, 1999 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 FebruCCC 16, 1 have been
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following funds in these amounts
FUND DESCRIPTION PREPAID VOUCHERS
610 REDEVELOPMENT AGENCY FUND .00 31.05
REPORT FOR AnL FUNDS
APPROVED BY:
'
Finance Director
Terrence L. Belanger
Executive Director
TOTAL
31'05
00 31.05 31.05
Eileen R. Ansari
Chairman
Robert S. Huff
Vice Chairman
DIAMOND BAR REDEVELOPMENT AGENCY
RUN DATE: 02/11/1999 tVi:47:30 VOUCHER REGISTER
DUE THRU: 02/16/1999
FUND/SECT-ACCT-PR3JECT-ACCT PO # INVOICE DESCRIPTION AMOUNT
STRADLING YOCCA CARLSON & RAUTH
6107110-44020-- 8202 24162#13 DEC.SVCS-REDEV.SPCL CNSL
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
REPORT TOTAL PREPAIDS
REPORT TOTAL VOUCHERS
REPORT TOTAL
PAGE: 1
PREPAID
DATE CHECK
31.05
.00
31.05
31.05
.00
31.05
31.05
DIAMOND BAR REDEVELOPMENT AGENCY
AGENDA REPORT
AGENDA N09 LJ 2
TO: Terrence L. Belanger, Executive Director
MEETING DATE: February 19, 1999
FROM: Linda G. Magnuson Finance Director
TITLE:
Treasurer's Report - December 31, 1998
SUMMARY:
REPORT DATE: January 29, 1999
Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the
month of December 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)
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? 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: DEPARTMENT HEAD:
errence L. Belanger Linda G. Magnuson
Executive Director Finance Director
DIAMOND BAR REDEVELOPMENT AUr-Nk T
TREASURER'S MONTHLY CASH STATEMENT
December 31, 1998
BEGINNING:: TRANSFERS ENRING
BALANCE RECEIPTS fSBURSEMENTS IN i 3UT) BALANCE;
REDEVELOPMENT AGENCY FD $983,040.50 $124,185.53 $7,124.70 $1,100,101.33
TOTALS $983,040.50 $124,185.53 $7324.70 $0.00 1,100,101.33
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
GENERALACCOUNT
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
LOCAL AGENCY INVESTMENT FD
TOTAL INVESTMENTS
TOTAL CASH
$117,060.83
983, 040.50
$117,060.83
$983,040.50
$1,100,101.33
Note: The Redevelopment Agency approved a development and disposition agreement with "Triple T Diamond Gateway, LLC'
This agreement requires the Agency to invest $983,040.50 in a Time Certificate of Deposit. The agreement
provides that the developer guarantee the current LAW investment yield.
L.A.I.F - Effective Yield for December 1998 5.374%
Certificate of Deposit Yield (11/16/98 - 5/16/99) 4.500%
Terrence L. Belanger, Treasurer
DIAMOND BAR REDEVELOPMENT AGENCY REPORT
AGENDA NO.
MEETING DATE: February 19, 1999
TO: Chairman and Members of the Board
FROM: Terrence L. Belanger, Executive Director
SUBJECT: Treasurer's Statement— December 31, 1998
ISSUE STATEMENT:
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the
Redevelopment Agency Board's review and approval.
RECOMMENDATION:
Approve the December 1998 Treasurer's Statement
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for the Board's review and approval is the Treasurer's Statement for the month of
December 1998. This statement shows the cash balances for the Redevelopment Agency, with a
breakdown of bank account balances, investment account balances and the effective yield earned
from investments.
PREPARED BY;
Linda G. Magnuson
ylaUVOT:-110III] ul
TO: HONORABLE CHAIRMAN AND AGENCY BOARD MEMBERS
FROM: TERRENCE L. BELANGER, EXECUTIVE DIRECTOR
SUBJECT: ADVANCE AND REIMBURSEMENT AGREEMENT NO. 11
DATE: FEBRUARY 11, 1999
RECOMMENDATION:
It is recommended that the Redevelopment Agency adopt a resolution
approving Advance and Reimbursement Agreement Number 11 with the
City of Diamond Bar in the amount of $32,000.
DISCUSSION:
In September 1996, the Redevelopment Agency proceeded with a
redevelopment plan adoption process for the Diamond Bar Economic
Revitalization Area. Included within this project area is the Gateway
Corporate Center. The $32,000 requested in this Advance and
Reimbursement Agreement No. 11 will be used to fund the real estate
economic cost/benefit analyses and reports ($20,000) and for special legal
services ($12,000) related to the development of office buildings on Los
22 and 23 located within the Gateway Corporate Center. The primary
tenant of this office complex is Allstate Insurance, a Fortune 500
company, which will house an estimated 1,000 employees.
RESOLUTION NO.
A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT
AGENCY APPROVING ADVANCE AND REIMBURSEMENT
AGREEMENT NUMBER I I WITH THE CITY OF
DIAMOND BAR
The Diamond Bar Redevelopment Agency hereby finds, determines, resolves and
orders as follows:
SECTION 1. The Advance and Reimbursement Agreement Number 11, for
Administrative and Overhead Expenses, attached hereto as Exhibit "A", is hereby approved. The
Chairman is hereby authorized and directed to execute such Advance and Reimbursement
Agreement Number 11 for and on behalf of the Agency.
PASSED, APPROVED AND ADOPTED this day of 11999.
Chairman
I, Lynda Burgess, Secretary of the Diamond Bar Redevelopment Agency, do hereby certify that
the foregoing Resolution was passed, adopted and approved at a regular meeting of the Diamond
Bar Redevelopment Agency held on the day of
vote:
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
ABSTAINED: AGENCY MEMBERS:
ATTEST:
1999, by the following
Lynda Burgess, Secretary
MEMORANDUM
TO: HONORABLE CHAIRMAN AND AGENCY BOARD MEMBERS
FROM: TERRENCE L. BELANGER, EXECUTIVE DIRECTOR 10
RE: REAL ESTATE AND ECONOMIC ANALYSES CONSULTANT SERVICES -
ROSENOW SPEVACEK GROUP RELATED TO LOTS 22 & 23 OF
GATEWAY CORPORATE CENTER
DATE: FEBRUARY 11, 1999
RECOMMENDATION:
It is recommended that the Diamond Bar Redevelopment Agency Board of Directors
approve the proposal tendered by Rosenow Spevacek Group (RSG)for real estate and
economic consulting services, related to office complexes on Lots 22 and 23 of the
Gateway Corporate Center, in an amount not to exceed $20,000. It is further
recommended that Diamond Bar Redevelopment Agency Board authorize and direct the
Executive Director to execute the agreement.
DISCUSSION:
The Diamond Bar Redevelopment Agency (DBRA)has been involved in discussions with
Opus West Corporation, related to the development of office complexes, on Lots 22 and
23, in the Gateway Corporate Center. Opus West Corporation has requested assistance
from the DBRDA in structuring a redevelopment project that would facilitate the locating
of Allstate Insurance, a Fortune 500 company, as the primary tenant of the office buildings
on lots 22 and 23.
Rosenow Spevacek Group (RSG) is proposed to be retained to provide real estate and
economic consulting services to the DBRDA. Real estate and economic consulting
services have been proposed by RSG, in an amount not to exceed $20,000.
Next Resolution No. 99-05
Next Ordinance No. 04(1999)
STUDY SESSION: 5:00 p.m., CC -2
Goals & Objectives
Minnequa Landslide Update
Solid Waste Task Force Reports
Short Term Parking Solutions
1. CLOSED SESSION:
2. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 p.m., February 16, 1999
Mayor
Pastor Larry Grigsby, Calvary
Chapel
Council Members Ansari, Herrera
Huff, Mayor Pro Tem O'Connor,
Mayor Chang
Mayor
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Certificates of Recognition to Jerry and Audrey Hamilton
for their athletic achievements.
4. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. 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 PLANNING COMMISSION - February 23, 1999 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
FEBRUARY 16, 1999 PAGE 2
5.2 PARKS AND RECREATION COMMISSION - February 25, 1999 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - March 2, 1999 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
6.1.1 Regular Minutes of January 19, 1999 - Approve
as submitted.
6.1.2 Study Session of February 2, 1999 - Approve
as submitted.
6.1.3 Regular Minutes of February 2, 1999 - Approve
as submitted.
Requested by: City Clerk
6.2 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of November 12, 1998 - Receive & File.
Requested by: Engineering Division
6.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of December 17, 1998 - Receive & File.
Requested by: Community Services Division
6.4 PLANNING COMMISSION MINUTES:
6.4.1 Regular Meeting of December 8, 1998 - Receive
& File.
6.4.2 Regular Meeting of December 22, 1991 -
Receive & File.
Requested by: Planning Division
6.5 VOUCHER REGISTER - Approve Voucher Register dated
February 16, 1999 in the amount of
Requested by: Finance Division
6.6 TREASURER'S REPORT - for the month of December 1998 -
Review and approve.
Requested by: Finance Division
FEBRUARY 16, 1999 PAGE 3
6.7 CLAIM FOR DAMAGES:
6.7.1 Filed by Rosa M. Jones on November 4, 1998.
Recommended Action: It is recommended that
the City Council deny the Claim for Damages
and refer the matter for further action to
the City's Risk Manager.
6.7.2 Filed by Thomas & Lorraine O'Rourke on
January 29, 1999.
Recommended Action: It is recommended that
the City Council deny the Claim for Damages
and refer the matter for further action to
the City's Risk Manager.
Requested by: City Clerk
6.8 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR LIGHTING OF LORBEER BALLFIELD ... -
Recommended Action:
Requested by: Community Services Division
6.9 REDUCTION OF BOND - Tract Map No. 47850
Recommended Action:
Requested by: Engineering Division
6.10 RESERVING TDA FUNDS -
Recommended Action:
Requested by: Engineering Division
6.11 AWARD OF CONTRACT FOR INSPECTION SERVICES FOR ADA
UPGRADES FOR RONALD REAGAN/HERITAGE PARKS -
Recommended Action:
Requested by: Engineering Division
6.12 AWARD OF CONTRACT FOR DESIGN SERVICES FOR PANTERA PARK
BALLFIELD LIGHTING -
Recommended Action:
Requested by: Community Services Division
FEBRUARY 16, 1999 PAGE 4
6.13 AMENDMENT FOR WEST COAST ARBORISTS -
Recommended Action:
Requested by: Community Services Division
6.14 CONTRACT AMENDMENT WITH BONTERRA FOR SUNCAL -
Recommended Action:
Requested by: Planning Division
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard.
7.1 RESOLUTION NO. 89-97M: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT
OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - All
cities are required to adopt conflict of interest codes
designating certain positions participating in making
decisions which may affect financial interests. Since
adoption of the City's Code on October 3, 1989,
amendments have been necessary to add new positions or
delete obsolete positions.
Recommended Action: It is recommended that the City
Council open the Public Hearing, take testimony, close
the Public hearing and adopt Resolution No. 89-97M to add
the positions of Finance Director and Accountant II and
deleting the positions of Asst. Finance Manager and
Senior Accountant.
Requested by: City Clerk
7.2 TELECOMMUNICATIONS ORDINANCE AMENDING ZONING CODE -
Recommended Action:
Requested by: Planning Division
7.3 REQUEST FOR EXTENSION OF TIME BY PATEL -
Recommended Action:
Requested by: Planning Division
8. OLD BUSINESS:
8.1 MID -YEAR BUDGET ADJUSTMENT -
Recommended Action:
FEBRUARY 16, 1999 PAGE 5
Requested by: Finance Division
9. NEW BUSINESS:
9.1 (a) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 1999-2000 -
9.2 (b) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 1999-2000 -
9.3 (c) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 1999-2000 -
Recommended Action:
Requested by: Engineering Division
RECESS TO REDEVELOPMENT AGENCY:
Next Resolution No. RA99-01
1. CALL TO ORDER: Chairman
ROLL CALL: Agency Members Chang, Herrera,
O'Connor, VC/Huff, C/Ansari
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 voluntary).
There is a five minute maximum time limit when addressing the
Redevelopment Agency.
3. CONSENT CALENDAR:
FEBRUARY 16, 1999 PAGE 6
3.1 APPROVAL OF MINUTES - Regular Meeting of February 2, 1999
- Approve as submitted.
Requested by: Agency Secretary
3.2 VOUCHER REGISTER - Approve Voucher Register dated
February 16, 1999 in the amount of
Requested by: Executive Director
3.3 TREASURER'S REPORT - for the month of December 1998 -
Review and approve.
Requested by: Finance Director
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.
RECONVENE CITY COUNCIL MEETING:
9. COUNCIL SUB -COMMITTEE REPORTS:
10. COUNCIL MEMBER 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:
Next Resolution No. 99-05
Next Ordinance No. 04(1999)
STUDY SESSION: 5:00 p.m., CC -2
Goals & Objectives
Svid- i�da5 o r c e
Short Term Parking Solutions
1. CLOSED SESSION:
2. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 p.m., February 16, 1999
Mayor
Pastor Larry Grigsby, Calvary
Chapel
Council Members Ansari, Herrera
Huff, Mayor Pro Tem O'Connor,
Mayor Chang
Mayor
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Certificates of Recognition to Jerry and Audrey Hamilton
for their athletic achievements.
4. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. 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 Citv Council.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - February 23, 1999 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
FEBRUARY 16, 1999 PAGE 2
5.2 PARKS AND RECREATION COMMISSION - February 25, 1999 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - March 2, 1999 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
6.1.1 Regular Minutes of January 19, 1999 - Approve
as submitted.
6.1.2 Study Session of February 2, 1999 - Approve
as submitted.
6.1.3 Regular Minutes of February 2, 1999 - Approve
as submitted.
Requested by: City Clerk
6.2 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of November 12, 1998 - Receive & File.
Requested by: Engineering Division
6.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of December 17, 1998 - Receive & File.
Requested by: Community Services Division
6.4 PLANNING COMMISSION MINUTES:
6.4.1 Regular Meeting of December 8, 1998 - Receive
& File.
6.4.2 Regular Meeting of December 22, 1991 -
Receive & File.
Requested by: Planning Division
6.5 VOUCHER REGISTER - Approve Voucher Register dated
February 16, 1999 in the amount of
Requested by: Finance Division
6.6 TREASURER'S REPORT - for the month of December 1998 -
Review and approve.
Requested by: Finance Division
FEBRUARY 16, 1999 PAGE 3
6.7 CLAIM FOR DAMAGES:
6.7.1 Filed by Rosa M. Jones on November 4, 1998.
Recommended Action: It is recommended that
the City Council deny the Claim for Damages
and refer the matter for further action to
the City's Risk Manager.
6.7.2 Filed by Thomas & Lorraine O'Rourke on
January 29, 1999.
Recommended Action: It is recommended that
the City Council deny the Claim for Damages
and refer the matter for further action to
the City's Risk Manager.
Requested by: City Clerk
6.8 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR LIGHTING OF LORBEER BALLFIELD ... -
Recommended Action:
Requested by: Community Services Division
6.9 REDUCTION OF BOND - Tract Map No. 47850
Recommended Action:
Requested by: Engineering Division
6.10 RESERVING TDA FUNDS -
Recommended Action:
Requested by: Engineering Division
6.11 AWARD OF CONTRACT FOR INSPECTION SERVICES FOR ADA
UPGRADES FOR RONALD REAGAN/HERITAGE PARKS -
Recommended Action:
Requested by: Engineering Division
6.12 AWARD OF CONTRACT FOR DESIGN SERVICES FOR PANTERA PARK
BALLFIELD LIGHTING -
Recommended Action:
Requested by: Community Services Division
FEBRUARY 16, 1999 PAGE 4
6.13 AMENDMENT FOR WEST COAST ARBORISTS -
Recommended Action:
Requested by: Community Services Division
6.14 CONTRACT AMENDMENT WITH BONTERRA FOR SUNCAL -
Recommended Action:
Requested by: Planning Division
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard.
7.1 RESOLUTION NO. 89-97M: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT
OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - All
cities are required to adopt conflict of interest codes
designating certain positions participating in making
decisions which may affect financial interests. Since
adoption of the City's Code on October 3, 1989,
amendments have been necessary to add new positions or
delete obsolete positions.
Recommended Action: It is recommended that the City
Council open the Public Hearing, take testimony, close
the Public hearing and adopt Resolution No. 89-97M to add
the positions of Finance Director and Accountant II and
deleting the positions of Asst. Finance Manager and
Senior Accountant.
Requested by: City Clerk
7.2 TELECOMMUNICATIONS ORDINANCE AMENDING ZONING CODE -
Recommended Action:
Requested by: Planning Division
0\1�
7.3 REQUEST FOR EXTENSION OF TIME BY - iii af
Recommended Action:
Requested by: Planning Division
8. OLD BUSINESS:
8.1 MID -YEAR BUDGET ADJUSTMENT -
Recommended Action:
FEBRUARY 16, 1999 PAGE 5
Requested by: Finance Division
9. NEW BUSINESS:
9.1 (a) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE.CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 1999-2000 -
9.2 (b) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 1999-2000 -
9.3 (c) RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF
DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 1999-2000 -
Recommended Action:
Requested by: Engineering Division
RECESS TO REDEVELOPMENT AGENCY:
Next Resolution No. RA99-01
1. CALL TO ORDER: Chairman
ROLL CALL: Agency Members Chang, Herrera,
O'Connor, VC/Huff, C/Ansari
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 voluntary).
There is a five minute maximum time limit when addressing the
Redevelopment Agency.
3. CONSENT CALENDAR:
FEBRUARY 16, 1999 PAGE 6
3.1 APPROVAL OF MINUTES - Regular Meeting of February 2, 1999
- Approve as submitted.
Requested by: Agency Secretary
3.2 VOUCHER REGISTER - Approve Voucher Register dated
February 16, 1999 in the amount of
Requested by: Executive Director
3.3 TREASURER'S REPORT - for the month of December 1998 -
Review and approve.
Requested by:
4. PUBLIC HEARINGS:
5. OLD BUSINESS:
6. NEW BUSINESS:
Finance Director
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.
RECONVENE CITY COUNCIL MEETING:
9. COUNCIL SUB -COMMITTEE REPORTS:
10. COUNCIL MEMBER 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:
STUDY SESSION:
1. CLOSED SESSION:
2. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
Next Resolution No. 99 -
Next Ordinance No. (1999)
5:00 p.m., CC -8
/Short Term Parking Solutions
t�- C. — ( v e..s
{{
6:30 p.m., February 16, 1999
Mayor
INVOCATION:
ROLL CALL: Council Members Ansari, Herrera
Huff, Mayor Pro Tem O'Connor,
Mayor Chang
FT
APPROVAL OF AGENDA: Mayor
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Certificates of Recognition to Jerry and Audrey Hamilton
for their athletic achievements.
4. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. 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
S. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - February 23, 1999 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.2 PARKS AND RECREATION COMMISSION - February 25, 1999 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
FEBRUARY 16, 1999 PAGE 2
5.3 CITY COUNCIL MEETING - March 2, 1999 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
6.1.1 Regular Minutes of January 19, 1999 - Approve
as submitted.
6.1.2 Study Session of February 2, 1999- Approve
as submitted.
6.1.3 Regular Minutes of February 2, 1999 - Approve
as submitted.
Requested by: City Clerk
6.q TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of November 12, 1998 - Receive & File.
Requested by: Engineering Division
6.g- VOUCHER REGISTER - Approve Voucher Register dated
February 16, 1999 in the amount of
Requested by: Finance Division
6.6 TREASURER'S REPORT - for the month of December 1998 -
Review and approve.
Requested by: Finance Division
6.`*7 CLAIM FOR DAMAGES - Filed by Rosa M. Jones on November
4, 1998.
Recommended Action: It is recommended that the City
Council deny the Claim for Damages 14011W and refer the
matter for further action to the City's Risk Manager.
Requested by: City Clerk
6.1 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR LIGHTING OF LORBEER BALLFIELD ... -
Recommended Action:
Requested by: Community Services Division
6.q RESERVING TDA FUNDS -
FEBRUARY 16, 1999 PAGE 3
Recommended Action:
8.
Requested by: Engineering Division
6.f AWARD OF CONTRACT FOR INSPECTION SERVICES FOR ADA
UPGRADES FOR RONALD REAGAN/HERITAGE PARKS -
Recommended Action:
Requested by: Engineering Division
6..ff AWARD OF CONTRACT FOR DESIGN SERVICES FOR PANTERA PARK
BALLFIELD LIGHTING -
Recommended Action:
Requested by: Community Services Division
PUBLIC HEARINGS: 7:50 p.m., or as soon thereafter as
matters may be heard.
CIO -s -7
7.1 h CONFLICT OF INTEREST Cc :."L
Recommended Action:
Requested by: City Clerk
7.2 TELECOMMUNICATIONS ORDINANCE AMENDING ZONING CODE -
Recommended Action:
Requested by: Planning Division
7.3 REQUEST FOR EXTENSION OF TIME BY PATEL -
Recommended Action:
Requested by: Planning Division
7.4'
.4 GENERAL PLAN AME``ANT -
R ommended, Actio
Reques by: ing Division
OLD BUSINESS:
8.1�BUDGET ADJUSTMENT -
Recommended Action:
Requested by:
FEBRUARY 16, 1999 PAGE 4
9. NEW -BUSINESS: - -
RECESS TO REDEVELOPMENT AGENCY: ..,
1. CALL TO ORDER:
ROLL CALL:
O'Connor, VC/Huff, C/Ansari
Next Resolution No. RA99-01
Chairman
Agency Members Chang, Herrera,
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 voluntary).
There is a five minute maximum time limit when addressing the
Redevelopment Agency.
3. CONSENT CALENDAR:
3.1 APPROVAL OF MINUTES - Regular Meeting of February 2, 1999
- Approve as submitted.
Requested by: Agency Secretary
3.2 VOUCHER REGISTER - Approve Voucher Register dated
February 16, 1999 in the amount of
Requested by: Executive Director
3.3 TREASURER'S REPORT - for the month of December 1998 -
Review and approve.
Requested by: Executive Director
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.
FEBRUARY 16, 1999 PAGE 5
RECONVENE CITY COUNCIL MEETING:
10. COUNCIL SUB -COMMITTEE REPORTS:
11. COUNCIL MEMBER 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:
To: Fax@FAXGIM[Deanna Davis®Admin@ASD)
From: Deanna DaviaAAdmin
Cc:
Bcc:
Subject: re: Fax from unknown sender. Job ID: 1652
Attachment:
Date: 2/3/99 4:53 PM `
Nancy, I have you scheduled as follows:
2/16 from 4p - 6:30p for Council Study Session — GCd2
Move the DEARS meeting from 6/16 to 6/15 in room CC3&5.
Please let me know of any changes or cancellations.
Original text
From: Fax@FAX*IM[Deanna Davis@Admin@ASD), on 2/3/99 4:03 PM:
----- Received Fax Status -----
(The fax message is attached)
This message was sent via FAXCOM, a product from Biscom, Inc.
Result: The reception was successful
Explanation: All pages ok
Pages Received: 001
Rcv Start Time: 02/03/99 15:57
Connect Time: 00 minutes, 42 seconds
Transmitter TSI:
Receive Port: 07
Route ID: 3633
Status Code: 0000
Job ID: 1652
File Size: 28453 bytes
9') f--) .,
MEMORANDUM
TO: HONORABLE CHAIRMAN AND AGENCY BOARD MEMBERS
FROM: TERRENCE L. BELANGER, EXECUTIVE DIRECTOR
RE: SPECIAL LEGAL SERVICES (STRADLING YOCCA CARLSON &
RAUTH) RE: GATEWAY CORPORATE CENTER LOTS 22 AND 23
REDEVELOPMENT PROJECT (OPUS WEST/ALLSTATE)
DATE: February 11, 1999
RECOMMENDATION:
It is recommended that the Diamond Bar Redevelopment Agency board
approve continued special legal services with the firm of Stradling Yocca
Carlson & Rauth in an amount not -to -exceed $12,000. It is further
recommended that the Executive Director be authorized and directed to
execute an amendment agreement for special legal services with Stradling
Yocca Carlson & Rauth.
DISCUSSION:
The Diamond Bar Redevelopment Agency (DBRDA) has been involved
in discussions with Opus West Corporation regarding two office complex
projects on Lots 22 and 23 in the Gateway Corporate Center. Opus West
has asked for assistance of the kind that would facilitate the securing of
Allstate Insurance, a Fortune 500 company as the primary tenant in the
proposed office complexes. The DBRDA has proposed to retain the firm
of Stradling Yocca Carlson & Rauth to provide special legal services
regarding the proposed Gateway Corporate Center Lots 22 and 23
redevelopment project. The scope of services is set forth in the proposal
attached hereto. It is estimated that an additional amount not -to -exceed
$12,000 is needed for the special legal services being provided by
Stradling Yocca Carlson & Rauth.