HomeMy WebLinkAbout3/16/1999Tuesday, March 16, 1999
4:00 p.m. — Closed Session CC -2
5:00 p.m. — Joint Public Hearing with Redevelopment Agency
6:30 p.m.__— Regular Meeting
South Coast Air Quality Management District
Main Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
City Council
Mayor Wen Chang
Mayor Pro Tem Debby O'Connor
Council Member Eileen Ansari
Council Member Carol Herrera
Council Member Bob Huff
Redevelooment Agency
Chairman Eileen Ansari
Vice Chairman Bob Huff
Agency Member Wen Chang
Agency Member Carol Herrera
Agency Member Debby O'Connor
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 are on file
in the Office of the City Clerk, and are available for public inspection. If you have questions regarding
an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance
or accommodation(s) in order to communicate at a City public meeting, must inform
the City Clerk a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or drinking 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 COMaESSION AND COMMITTEE MEETINGS)
PUBLIC INPUT
The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more
agenda items and/or other items of imernst which are within the subject matter jurisdiction of the 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 of the Chair. However, in order to facilitate the meeting,
persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may
limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the
business 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
considered by the Council. (Does not apply to Committee meetings.) dispense with public comment on items previously
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 posted agenda.
CONDUCT IN THE CITY COUNCIL CHAMBERS
The Chair shall order removed from the Council Chambers arty person who commits the following acts in respect to a regular or special meeting of the
Diamond Bar City Council.
A- Disorderly behavior toward the Council or any member of the staff thereo> tending to interrupt the due and orderly
course of said meeting.
B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of
said meeting.
C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the
Dowd; 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 impauments who catmot access the public speaking area. Sign language interpreter
business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m.
services are also available by giving notice at least three
and 5 p.m Monday through Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489
Computer Access to Agendas (909) 860 -LINE
General Information (909) 860-2489
NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
Next Resolution No. 99-14
Next Ordinance No. 05(1999)
1. CLOSED SESSION: 4:00 p.m., AQMD Room CC -2
a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(California Government Code, Section 54956.9(a) - Barbara
Beach- Cour schene, et al vs. Diamond Bar Redevelopment
Agency, Case No. BC 175655
b)CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Property: Lots 22 and 23, Tract 39679, Gateway Corporate
Center
Negotiating Parties: City of Diamond Bar and Diamond Bar
Partners, L.L.C.
Under negotiation: Property Acquisition
2. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING:5:00
p.m. -
ROLL CALL:
Redevelopment Agency: Agency Members Chang, Herrera,
O'Connor, VC/Huff, Chair/Ansari
City Council: Council Members Ansari, Herrera,
Huff, MPT/O'Connor, Mayor Chang
2.1 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE DIAMOND
BAR REDEVELPMENT AGENCY AND DIAMOND BAR PARTNERS, L.L.C.
- Diamond Bar Partners, L.L.C. has entered into an
agreement to purchase Lot Nos. 22 and 23 in the Gateway
Corporate Center, which site is located within the
Redevelopment Project Area. The Developer intends to
construct two buildings and parking facilities providing
a total of 128,000 gross sq. ft. of office space and 806
parking spaces. The Developer further intends to lease
the Project to Allstate Insurance Company, which will
employ approximately 800-1000 employees. The Developer
has requested the Redevelopment Agency's assistance in
acquisition of the site.
Recommended Action: It is recommended that the
Redevelopment Agency and the City Council open the Joint
Public Hearing, receive testimony, close the Public
Hearing and adopt:
MARCH 16, 1999
PAGE 2
a) RESOLUTION NO. 99 -XX: APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE DIAMOND
BAR REDEVELOPMENT AGENCY AND DIAMOND BAR PARTNERS,
L.L.C.
b) RESOLUTION NO. RA99-XX APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE DIAMOND
BAR REDEVELOPMENT AGENCY AND DIAMOND BAR PARTNERS,
L.L.C.
in order to implement provisions of the Redevelopment
Plan by providing for the Agency's acquisition of Lots 22
and 23 located in the Gateway Corporate Center and the
subsequent sale of Lots 22 and 23, Gateway Corporate
Center, for construction and operation of Diamond Bar
Partners, L.L.C. improvements thereon.
Requested by: Executive Director
ADJOURNMENT TO REGULAR SESSION:
CALL TO ORDER: 6:30 p.m., March 16, 1999
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Reverend Mike Schuenemeyer, Diamond
Bar Congregational Church
ROLL CALL: Council Members Ansari, Herrera,
Huff, Mayor Pro Tem O'Connor, Mayor
Chang
APPROVAL OF AGENDA: Mayor
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaiming April, 1999 as Fair Housing Month.
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.
MARCH 16, 1999 PAGE 3
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - March 23, 1999 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 COMMUNITY/CIVIC CENTER TASK FORCE - March 24, 1999 - 6:30
p.m., AQMD Room CC -2, 21865 E. Copley Dr.
5.3 PARKS & RECREATION COMMISSION - March 25, 1999 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.3 FOUR CORNERS TRANSPORTATION POLICY GROUP COMMITTEE
MEETING - March 29, 1999 - 9:00 a.m. - 11:30 a.m. - AQMD,
21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - April 6, 1999 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.6 CITY 10TH BIRTHDAY PARTY - April 18, 1999 - 12:00 - 5:00
p.m., Peterson Park, 24142 E. Sylvan Glen Dr.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
6.1.1 Study Session of March 2, 1999 - Approve as
submitted.
6.1.2 Regular Meeting of March 2, 1999 - Approve as
submitted.
Requested by: City Clerk
6.2 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of January 28, 1999 - Receive & File.
Requested by: Community Services Division
6.3 VOUCHER REGISTER - Approve Voucher Register dated March
16, 1999 in the amount of $325,062.61.
Requested by: Finance Division
6.4 RESOLUTION NO. 98-45A: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 98-45
TO RE -INSTALL A SCHOOL CROSSWALK AT THE FRONT OF WALNUT
ELEMENTARY SCHOOL ACROSS GLENWICK AVENUE BETWEEN THE
NORTHERN MOST DRIVEWAY AND THE SOUTHERN SCHOOL PROPERTY
LINE AND REPOST WITH `SCHOOL PASSENGER LOADING ZONE 7
A.M. - 4 P.M., SCHOOL DAYS" - As a result of the
originally -approved school safety study, the concerns at
Walnut Elementary School were addressed by relocating the
MARCH 16, 1999 PAGE 4
crosswalk from the front of the school to south of the
parking lot exit driveway, just north of Earlgate Street
and include additional Sheriff enforcement during arrival
and dismissal times. After these recommendations were
implemented the Principal met with the Sheriff's
Department to explore further alternatives in order to
ensure student safety and reduce the congestion time.
The Principal has submitted a request that the "No
Parking Signs" on the west side curb of Glenwick Ave. be
removed and replaced with a "Loading Only" zone. Also
requested is relocation of the crosswalk to its original
location at the center of the semi -circle driveway.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 98-45A amending Resolution
No. 98-45.
Requested by: Engineering Division
6.5 EXTENSION OF VENDOR PRINTING SERVICES FOR COMMUNITY
NEWSLETTER AND RECREATION GUIDE - Under purchasing
guidelines, awards for services to a single vendor shall
not exceed $10,000 without prior authorization from the
City Council. Requests for quotations for printing the
Community Newsletter and Recreation Guide are usually
sent to approximately six qualified vendors. This FY
there has been two vendors that have consistently
submitted the lowest bids. Due to the nature of the
task, and the process involved in selecting the vendor
with the lowest qualified bid, it is quite possible that
a qualified vendor could become the winning bidder more
than once during the year. Thus, a single vendor could
exceed the $10,000 limit.
Recommended Action: It is recommended that the City
Council authorize additional work to be performed by
Graphics United (the lowest qualified bidder) so that
this company can proceed with the printing of the Spring
issue of the Community Newsletter and Recreation Guide.
The total amount awarded to this vendor for services
rendered this FY shall not exceed $20,000.
Requested by: Communications/Marketing Division
6.6 AUTHORIZATION FOR THE CITY MANAGER TO APPROVE ADDITIONAL
PURCHASE ORDERS FOR ON-CALL CIVIL ENGINEERING PLAN
CHECKING AND INSPECTION SERVICES OF BRYAN A. STIRRAT &
ASSOCIATES FOR EXISTING PROJECTS - On October 6, 1998,
Council approved and extended a Consulting Services
Agreement with Charles Abbot Associates and Hall &
Foreman, Inc., as the City's Civil Engineering Services
firms. Until that time, the City was utilizing six civil
MARCH 16, 1999 PAGE 5
engineering companies to provide on-call/as-needed civil
engineering plan checking and inspection engineering
services. One of those firms was Bryan A. Stirrat &
Assoc. As noted in the October 6, 1998 Council Report,
the existing projects being reviewed by Bryan A. Stirrat
& Assoc., and others would continue until the development
projects are finalized and completed through FY 99-2000.
This is to ensure consistent and continuous services to
the applicants. Each specific development -related
project assignment has been and continues to be
compensated with 75% of the applicant's fees. The
balance (25%) compensates the City for overhead expenses.
Recommended Action: It is recommended that the City
Council authorize the City Manager to approve additional
purchase orders from developer fees for the continuance
of the pre -October 6, 1998 assignments for on-call civil
engineering plan checking and inspection services
provided by Bryan A. Stirrat & Assoc. The total amount
is not -to -exceed $21,040.55 through FY 99-2000.
Requested by: Engineering Division
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard.
8. OLD BUSINESS:.
8.1 RESOLUTION NO, 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR DENYING AN EXTENSION OF TIME
FOR TENTATIVE TRACT MAP NO. 51253, CONDITIONAL USE PERMIT
92-12 AND OAK TREE PERMIT NO. 92-9 FOR PROPERTY LOCATED
EAST OF MORNING SUN AVENUE AND NORTH OF PATHFINDER ROAD
- Continued from March 2, 1999. 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 is located on the
east side of Morning Sun Ave. and generally north of
Pathfinder Rd. On January 12, 1999, the Planning
Commission recommended approval of the requested
extension of time. On February 16, 1999, Council
concluded its public hearing and directed preparation of
a resolution of denial.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 99 -XX denying an extension
of time for Tentative Tract Map No. 51253, Conditional
Use Permit No. 92-12 and Oak Tree Permit No. 92-9.
Requested by: Planning Division
MARCH 16, 1999
PAGE 6
8.2 MATTER OF APPOINTMENT OF TWO DELEGATES AND ONE ALTERNATE
TO THE TRES HERMANOS CONSERVATION AUTHORITY BOARD OF
DIRECTORS - Continued from March 2, 1999. The City
Councils of D.B. and Chino Hills have entered into a
Joint Exercise of Powers Agreement which forms the Tres
Hermanos Conservation Authority. The THCA/JPA provides
for each City to have two members on the Board of
Directors and one alternate.
Recommended Action: It is recommended that the City
Council appoint two delegates and one alternate to the
Tres Hermanos Conservation Authority Board of Directors.
Requested by: City Manager
8.3 PRESENTATION BY SHERIFF STAFF REGARDING RESULTS OF
INCREASED PATROLS IN THE VICINITY OF D.B. SCHOOLS
Requested by: City Council
8.4 LANTERMAN DEVELOPMENTAL CENTER'S SERVICES EXPANSION
PROJECT - Discussion of the process for planning and
project review.
Requested by: City Council
9. NEW BUSINESS:
9.1 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING ADVANCE AND
REIMBURSEMENT AGREEMENT NO. 12 WITH THE DIAMOND BAR
REDEVELOPMENT AGENCY - To fund the Redevelopment Agency's
agreement with Diamond Bar Partners, L.L.C. for
construction of two office buildings on Lots 22 and 23,
Tract 39679, Gateway Corporate Center in the amount of
$1,400,000.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 99 -XX Approving Advance and
Reimbursement Agreement No. 12 with the Redevelopment
Agency in the amount of $1,400,000.
Requested by: City Manager
9.2 INCREASE IN DIAMOND RIDE FARES FOR ONTARIO AIRPORT AND
FULLERTON AMTRAK STATION - At the March 2, 1999 City
Council Meeting, the City Council entered into a contract
with Diversified Paratransit Inc., for Dial -A -Cab
services (Diamond Ride). The Diamond Ride service
boundaries are Arrow Hwy. To the north; Imperial
Hwy./Carbon Canyon Rd. to the south; Central Ave. to the
east; Hacienda Blvd./Amar/Sunset to the west; and a list
MARCH 16, 1999 PAGE 7
of additional designated facilities. The majority of the
additional designated facilities are medical facilities.
In addition to the medical facilities, the Ontario
Airport and Fullerton Amtrak Station are eligible
destinations for $1.50. Due to the location and expense
of the two destinations, the City Council discussed the
locations. The average net cost to the City for the taxi
services to these places is approximately $31.00.
Recommended Action: It is recommended that the City
Council raise the fare to Ontario Airport and Fullerton
Amtrak Station from $1.50 per trip to $5.00 per trip.
Requested by: City Manager
RECESS TO REDEVELOPMENT AGENCY:
Next Resolution RA99-02
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:
3.1 APPROVAL OF MINUTES - Regular Meeting of March 2, 1999 -
Approve as submitted.
Requested by: City Clerk
4. PUBLIC HEARINGS:
5. OLD BUSINESS:
6. NEW BUSINESS:
6.1 RESOLUTION NO. RA99-XX: A RESOLUTION OF THE DIAMOND BAR
MARCH 16, 1999 PAGE 8
REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT
AGREEMENT NUMBER 12 WITH THE CITY OF DIAMOND BAR - To
fund the Redevelopment Agency's agreement with Diamond
Bar Partners, L.L.C. for construction of two office
buildings on Lots 22 and 23, Tract 39679, Gateway
Corporate Center in the amount of $1,400,000.
Recommended Action: It is recommended that the
Redevelopment Agency adopt Resolution No. RA99-XX
Approving Advance and Reimbursement Agreement No. 12 with
the City of Diamond Bar in the amount of $1,400,000.
Requested by: Executive Director
7. AGENCY MEMBER COMMENTS: Items raised by individual Agency
members are for Agency discussion. Direction may be given a
this meeting or the item may be scheduled for action at a
future meeting.
RECONVENE CITY COUNCIL MEETING:
10. COUNCIL SUB -COMMITTEE REPORTS:
11. CITY COUNCIL COMMENTS: Items raised by individual Council
Members are for Council discussion. Direction may be given a
this meeting or the item may be scheduled for action at a
future meeting.
12. ADJOURNMENT:
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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ORGANIZATION:
AGENDA #/SUBJECT:
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: DATE: .3
ADDRESS: PHONE:
ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
CITY CLERK
AGENDA #/SUBJECT:
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PHONE: 77" /
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
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ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
CITY CLERK
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AGENDA #/SUBJECT:,
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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Signature
JOINT PUBLIC HEARING:
Next Resolution No. 99 -
Next Ordinance No. (1999)
5:00 p.m. -
Redevelopment Agency/
City Council
Re: Gateway Lots 22 & 23
1. CLOSED SESSION:
2. CALL TO ORDER: 6:30 p.m., March 16, 1999
PLEDGE OF ALLEGIANCE:
Mayor
INVOCATION:
ROLL CALL: Council Members Ansari, Herrera
Huff, Mayor Pro Tem O'Connor,
Mayor Chang
APPROVAL OF AGENDA: 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.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - March 23, 1999 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 COMMUNITY/CIVIC CENTER TASK FORCE - March 24, 1999 -
6:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr.
5.3 PARKS & RECREATION COMMISSION - March 25, 1999 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
MARCH 16, 1999 PAGE 2
5.4 FOUR CORNERS TRANSPORTATION POLICY GROUP COMMITTEE
MEETING - March 29, 1999 - 9:00 a.m. - 11:30 a.m. - AQMD,
21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - April 6, 1999 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.6 CITY 10TH BIRTHDAY PARTY - April 18, 1999 - 12:00 - 5:00
p.m., Peterson Park, 24142 E. Sylvan Glen Dr.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTE:
6.1.1 Study Session of March 2, 1999 - Approve as
submitted.
6.1.2 Regular Meeting of March 2, 1999 - Approve as
submitted.
Requested by: City Clerk
6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of December 10, 1998 - Receive & File.
Requested by: Engineering Division
6.3 PARKS & RECREATION COMMISSION MINUTES - Regular meeting
of January 28, 1999 - Receive & File.
Requested by: Community Services Division
6.4 VOUCHER REGISTER - Approve Voucher Register dated March
16, 1999 in the amount of
Requested by: Finance Division
6.5 RESOLUTION NO. 99 -XX: A RESOLUTI__N._-OF.--.,THE CITY COUNCIL
OF THF�"`C,�� F DIAMOND AR APPROVING NO R,'I H ON
RED T ; IAMO BAR; OD- V RD AND SPR DRIVE -
ecommended con
Requested by: Engineering Division
6.0 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE RELOCATION OF
THE CROSSWALK AT WALNUT ELEMENTARY SCHOOL -
Recommended Action:
Requested by: Engineering Division
MARCH 16, 1999 PAGE 3
6.�o RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION
OF "NO RIGHT -TURN ON RED, 7:30 A.M. - 8:00 A.M./2:00
P.M. - 2:30 P.M., SCHOOL DAYS ONLY" SIGNS AT ALL
QUADRANTS OF THE INTERSECTION OF DIAMOND BAR BOULEVARD
AND GOLDEN SPRINGS DRIVE - In order to provide safety
for Lorbeer Middle School students who utilize the
crosswalk at the intersection of Diamond Bar Blvd. and
Golden Spgs. Dr., the Traffic & Transportation
Commission recommends to the City Council the
installation of "No Right Turn on Red, 7:30 a.m. - 8:00
a.m./2:00 p.m. - 2:30 p.m., School Days Only" signs at
all quadrants of the intersection. This right -turn
movement restriction is during school peak hours.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 99 -XX approving the
Installation of "No Right -Turn on Red, 7:30 a.m. - 8:00
a.m./2:00 p.m. - 2:30 p.m., School Days Only" signs at
all quadrants of the intersection of Diamond Bar Blvd.
And Golden Spgs. Dr.
Requested by: Engineering Division
6.1 AWARD OF CONTRACT FOR DESIGN OF PANTERA PARK BALLFIELD
LIGHTING -
Recommended Action:
Requested by: Community Services Division
6.g CONTRACT AMENDMENT WITH BONTERRA FOR MITIGATION
MONITORING FOR SUNCAL -
Recommended Action:
Requested by: Planning Division
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard.
130\r)
M 7-1A PUBLIC HEARING - DISPOSITION & DEVELOPMENT AGREEMENT
(OPUS) -
Recommended Action:
Requested by: Planning Division
8. OLD BUSINESS:
MARCH 16, 1999
9. NEW BUSINESS:
PAGE 4
9.1 CONTRACT WITH ENVICOM FOR TRACT 46485 (BIOTA REPORT) -
Recommended Action:
Requested by: Planning Division
9.2 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND
REIMBURSEMENT AGREEMENT NO. 12 WITH THE DIAMOND BAR
REDEVELOPMENT AGENCY -
Recommended Action:
Requested by: City Manager
RECESS TO REDEVELOPMENT AGENCY:
Next Resolution RA99-02
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:
3.1 APPROVAL OF MINUTES - Regular Meeting of March 2, 1999
- Approve as submitted.
Requested by: City Clerk
3.2 VOUCHER REGISTER - Approve Voucher Register dated March
16, 1999 in the amount of
Requested by: Finance Division
4. PUBLIC HEARINGS:
MARCH 16, 1999 PAGE 5
S. OLD BUSINESS:
6. NEW BUSINESS:
6.1 RESOLUTION NO. RA99-XX: A RESOLUTION OF THE DIAMOND
BAR REDEVELOPMENT AGENCY APPROVING ADVANCE AND
REIMBURSEMENT AGREEMENT NV40M 12 WITH THE CITY OF
DIAMOND BAR
7. AGENCY MEMBER COMMENTS: Items raised by individual Agency
members are for Agency discussion. Direction may be given a
this meeting or the item may be scheduled for action at a
future meeting.
Recommended Action:
Requested by: Executive Director
RECONVENE CITY COUNCIL MEETING:
10. COUNCIL SUB -COMMITTEE REPORTS:
11. CITY COUNCIL COMMENTS: Items raised by individual Council
Members are for Council discussion. Direction may be given
a this meeting or the item may be scheduled for action at a
future meeting.
12. ADJOURNMENT:
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MARCH 2, 1999
CLOSED SESSION: 4:00 p.m., SCAQMD Room CC -8
Conference with Legal Counsel - Pending Litigation (Subdivision (a) of Section
54956.9): Dolezal vs. City of Diamond Bar.
STUDY SESSION: Called to order at 4:38 p.m. in Room CC -8 of the South
Coast Air Quality Management Building.
a) Discussion of Minnequa Landslide
b) Solid Waste Task Force Reports
2. CALL TO ORDER: Mayor Chang called the meeting to order at 6:42 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 Girl Scout
Junior Troop 730
INVOCATION: The Invocation was given by Pastor Dennis
Stuve, Mt. Calvary Lutheran Church.
ROLL CALL: Council Members Ansari, Huff, Mayor Pro Tem
O'Connor, Mayor Chang. Council Member Herrera was excused.
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.
APPROVAL OF AGENDA: Presentations were re -ordered and Items 8.1 and
9.2 were continued to March 16, 1999.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Certificate of Recognition to Janet Eastman for Girl Scout Gold Award.
3.2 Proclaimed the week of March 2, 1999 as Girl Scout Week.
3.3 Presentation by Donna Georgino, Region IV Representative for California
Parks & Recreation Society of CPRS Award of Merit to City Council and staff
Re: Pantera Park Design.
3.4 Introduced two new City employees: Stella Marquez, Planning Division
Secretary and Sharon Gomez, Public Works Division Secretary.
MARCH 2, 1999 PAGE 2 CITY COUNCIL
3.5 Presentation by Lanterman Development Center Re: Proposed Services
Expansion Project.
4. PUBLIC COMMENTS: Dexter MacBride, on behalf of the Mt. SAC Board of
Trustees, invited everyone to attend "The Tillet Exhibit" at the institution's Art
Gallery March 17 through 26, 1999, to view a masterpiece entitled "The Arrival of
the Spanish in Aztec Mexico" presented for the very first time on the west coast
depicting the arrival of Cortez in the New World. There is no charge or gallery fee
to view the tapestry.
Grace MacBride asked why the public was not notified about the Lanterman
expansion project until tonight's meeting and why is D.B. the only City contiguous
to the facility that did not respond to the EIR. She believed City officials made a
poor decision when they decided to take a "wait and see" attitude regarding this
matter.
Red Calkins complained about the lack of public information regarding the
Lanterman expansion project.
Martha Bruske asked Council to share the results of Council's study sessions with
the public. She recommended that the Council adopt a Mission Statement. She
asked for a report on the Minnequa Landslide and Solid Waste issues.
Don Gravdahl said he first heard about the Lanterman expansion project two weeks
earlier. The February 9, 1999 Mitigated Negative Declaration contains letters from
the Cities of Pomona and Walnut but none from D.B. He asked to know why D.B.
did not notify its citizens about this project and why the City did not forward a letter
to the State of California regarding this matter.
Zack Flisik thanked Council and staff for their support in consideration of
constructing a skateboard park in next year's budget. Ernie Aldrete thanked the
City and the residents for their support of the Trinity Board Shop. He asked the City
to consider constructing a skateboard park to help eliminate skateboarders from
using shopping center parking lots. He felt embarrassed that he has to take local
youth to skateboard parks outside of the City in order for them to be able to practice
their sport. Aaron Flisik said that although skateboarding is not an organized sport,
there are fields for basketball, baseball, soccer, etc. There is no place for
skateboarders in D.B. A skateboard facility would provide a win-win for the
skateboarders and the merchants. He thanked Council for their consideration.
Martha Bruske asked for an explanation of Consent Calendar Item No. 6.5.
Dr. Lawrence Rhodes stated that sex offenders and criminal types that might
escape and become a problem to the community are not allowed at Lanterman per
State law.
MARCH 2, 1999 PAGE 3 CITY COUNCIL
Mrs. Maple, representing Lanterman Developmental Center, stated that fact sheets
related to the Lanterman expansion project are available upon request from any
member of the public. She encouraged people to attend the March 27, 1999
meeting and express their concerns and ask questions. The facility is always
available to provide tours and answer questions. People receiving services from
the expansion project will not be coming from a State hospital. Lanterman is a
developmental center and in order to come to a development center, individuals
must be mentally retarded which is different from mentally ill. The people who will
receive services from Lanterman will have a mental age from 4 to 10 and they will
have a range of retardation from profound to mild. Lanterman is not to be confused
with a state hospital. Lanterman does not serve the mentally ill, criminally insane,
or violent sexual offenders.
Captain Richard Martinez, Walnut Sheriff Station, stated that he and other law
enforcement agency members meet regularly with Lanterman officials and that
there is an ongoing dialogue regarding the program security issues and concerns.
He further stated that he has toured the Porterville facility and there is no
correlation between what occurred at Porterville and what will occur at Lanterman.
He felt that every effort had been made to ensure that the Lanterman facility is as
safe as possible and will protect the public from every foreseeable problem.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - Tuesday, March 9, 1999 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.2 TRAFFIC & TRANSPORTATION COMMISSION - Thursday, March 11, 1999
- 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - Tuesday, March 14, 1999 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.4 COMMUNITY/CIVIC CENTER TASK FORCE - Wednesday, March 24, 1999
6:30 p.m., SCAQMD Room CC -2, 21865 E. Copley Dr.
5.5 FOUR CORNERS TRANSPORTATION POLICY GROUP COMMITTEE
MEETING - Monday, March 29, 1999 - 9:00 a.m. - 11:30 a.m. - SCAQMD,
21865 E. Copley Dr.
5.6 CITY 10th BIRTHDAY PARTY - April 18, 1999 - 12:00 - 5:00 p.m., Peterson
Park, 24142 E. Sylvan Glen Dr.
6. CONSENT CALENDAR: C/Ansari moved, C/Huff seconded, to approve the
Consent Calendar, with the exception of Item No. 6.5. Motion carried by the
following Roll Call vote:
MARCH 2, 1999 PAGE 4 CITY COUNCIL
AYES:
COUNCIL MEMBERS - Ansari,
NOES:
COUNCIL MEMBERS - None
ABSENT:
COUNCIL MEMBERS - Herrera
Huff, MPT/O'Connor, M/Chang
6.1 APPROVED MINUTES:
6.1.1 Study Session of February 16, 1999 - As submitted.
6.1.2 Regular Meeting of February 16, 1999 - As submitted.
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of December 8, 1998.
6.2.2 Regular Meeting of January 12, 1999.
6.2.3 Regular Meeting of January 26, 1999.
6.3 APPROVED VOUCHER REGISTER - dated March 2, 1999 in the amount of
$539,757.84.
6.4 REVIEWED & APPROVED TREASURER'S REPORT - for January, 1999.
6.6 ADOPTED RESOLUTION NO. 99-10 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING MULTI -WAY
STOP SIGNS AT THE INTERSECTIONS OF SANTAQUIN
DRIVE/REDGATE CIRCLE AND KIOWA CREST DRIVE/DEERFOOT
DRIVE.
6.7 RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR INSTALLING MULTI -WAY STOP SIGNS AT
THE INTERSECTION OF MOUNTAIN LAUREL WAY AND PECAN GROVE
DRIVE.
6.8 AWARDED CONTRACT FOR SPECIAL LEGAL SERVICES TO RICHARDS,
WATSON & GERSHON FOR REVIEW OF THE CABLE TELEVISION
TRANSFER - pertaining to the Cable Television Transfer Application in an
amount not -to -exceed $2,000 and authorized the City Manager to enter into
said contract.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.5 RESOLUTION NO. 99-09: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
FOR THE INSTALLATION OF BALLFIELD LIGHTS AT LORBEER MIDDLE
SCHOOL IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS.
MARCH 2, 1999 PAGE 5 CITY COUNCIL
Martha Bruske asked why the City would get involved in funding equipment
at schools.
CM/Belanger stated that funds for installation of ballfield lights at Lorbeer
Middle School are provided by Quimby funds that are received by the City
from developers.
Joe Nolan, Dream Engineering, presented a site plan showing the lighting
design and location of the poles.
Following discussion, C/Ansari moved, MPT/O'Connor seconded, to adopt
Resolution No. 99-11 approving plans and specifications for installation of
ballfield lights at Lorbeer Middle School. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
7. PUBLIC HEARINGS:
7.1 RESOLUTION NO. 99-12: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING GENERAL PLAN
AMENDMENT NO. 98-1 - At the request of Council, the Planning
Commission reviewed and considered an amendment to the General Plan
Land Use Element, Objective 1.5, Strategy 1.5.3. The proposed amendment
would insert text to require an election for removal or modification of an open
space deed, easement, map restriction or land use map designation. The
Planning Commission took action on January 26, 1999, recommending
Council adoption of GPA No. 98-1.
M/Chang opened the Public Hearing.
There being no testimony offered, M/Chang closed the Public Hearing
In response to C/Ansari, DCM/DeStefano explained that the question of
lifting map and deed restrictions with respect to the SunCal project would not
have gone to a vote of the people because the property contained within the
SunCal application does not contain an open space easement deed or map
restriction, or designation.
CM/Belanger stated that the property that has been proposed to be
dedicated to the City will be dedicated as open space. Any future discussion
about changing the designation from open space to some other type of land
use would require a vote of the people.
MARCH 2, 1999 PAGE 6 CITY COUNCIL
C/Huff thanked the Planning Commission for their diligence in reviewing the
language of the proposed General Plan Amendment.
Following discussion, C/Huff moved, C/Ansari seconded, to adopt Resolution
No. 99-12 approving General Plan Amendment No. 98-1. Motion carried by
the following Roll Call vote:
AYES:
COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang
NOES:
COUNCIL MEMBERS - None
ABSENT:
COUNCIL MEMBERS - Herrera
7.2 CONTINUED PUBLIC HEARING - INTRODUCTION OF AMENDMENT TO
TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE TO INCORPORATE
DEVELOPMENT STANDARDS FOR RADIO, TELEVISION AND WIRELESS
TELECOMMUNICATIONS FACILITIES - The City established a
Telecommunications Task Force to review issues related to the siting and
design of telecommunications facilities. The Task Force completed its work
in October 1998. In November 1998, Council received a report from the
Task Force outlining its findings and recommendations. The Draft
Ordinance 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 review of the Ordinance on February 9, 1999 and
recommended adoption. On February 16, 1999, Council opened the Public
Hearing, received testimony and continued discussion to March 2, 1999.
DCM/DeStefano stated that placement of amateur radio station antennas is
a permitted use under the ordinance subject to approval of a Conditional Use
Permit. This ordinance requires a 4/5 vote for approval.
M/Chang opened the Public Hearing.
Martha Bruske asked under what circumstances the City would place
telecommunications facilities in residential zones.
Timothy Davis, Carrier Solutions Manager, Southern California Edison,
stated that his company has over 14,000 transmission towers throughout its
service territory. They are looking to make the towers available to the
wireless cellular local multi -point distribution services and digital PCS
carriers for mounting of equipment. He indicated that SCE encourages
cellular carriers to mount their equipment under the transmission tower in
order to render the installation as aesthetically pleasing as possible.
C/Huff asked if it is possible to place the support equipment underground.
Does SCE limit the number of antennae that can be attached to the towers?
MARCH 2, 1999 PAGE 7 CITY COUNCIL
Mr. Davis indicated that at this point, SCE has not mandated the type of
installation the carriers must provide. The number one goal of SCE is safe
and reliable transmission of electricity. SCE allows only one attachment per
tower due to the limitations of the wind load factor.
Monty Brown asked why the City would want to limit radio antennas in
residential neighborhoods. He recommended that the Council relook at the
proposed ordinance and remove limitations placed on amateur radio
operators.
Marty Zimmerman, NexTel, complimented staff on the preparation of a smart
ordinance. He pointed out the urgency in getting sites in the area to service
the 10,000 to 15,000 new customers per month coming on the NexTel
network.
There being no further testimony offered, M/Chang closed the Public
Hearing.
DCM/DeStefano offered the following amendments to the Ordinance: On
Page 3, Section 8, following the phrase "pursuant to California Government
Code Section 369376, add the following: It is necessary for the immediate
preservation of the public peace, health and safety to adopt the regulations
contained within the ordinance"... etc. On Page 3, Section 9, the section
should state: "The radio and television and wireless telecommunication
ordinance attached hereto as Exhibit A is hereby adopted as an urgency
measure and it shall take effect immediately upon passage". On Page 3,
add Section 10 to read: "Ordinance No. 4B (1997) is hereby repealed".
Following discussion, C/Huff moved, C/Ansari seconded to waive full reading
and adopt, by urgency, Ordinance No. 4 (1999) entitled: AN ORDINANCE
OF THE CITY OF DIAMOND BAR ADOPTING AN AMENDMENT TO TITLE
22 OF THE DIAMOND BAR MUNICIPAL CODE TO INCORPORATE
DEVELOPMENT STANDARDS FOR RADIO AND TELEVISION ANTENNAS
AND WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES (CASE
NO. ZCA 98-2) AND DECLARING THE URGENCY THEREOF. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
8. OLD BUSINESS:
8.1 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR DENYING AN EXTENSION OF TIME FOR
TENTATIVE TRACT MAP NO. 51253, CONDITIONAL USE PERMIT 92-12
MARCH 2, 1999 PAGE 8 CITY COUNCIL
AND OAK TREE PERMIT NO. 92-9 FOR A PROPERTY LOCATED EAST
OF MORNING SUN AVENUE AND NORTH OF PATHFINDER ROAD -
Amrut Patel of SASAK Corporation has requested approval of a one-year
extension of time in order to subdivide approximately 6.7 acres into 21 single
family lots. CONTINUED TO MARCH 16, 1999.
8.2 MATTER OF MID -YEAR BUDGET ADJUSTMENT #1 for FY 98/99 General
Fund Budget and FY 98/99 Special Funds Budget.
MPT/O'Connor moved, C/Huff seconded, to approve the budget adjustments
for FY 98/99 General Fund Budget and the FY 98/99 Special Funds Budget.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
8.3 PARK IMPROVEMENTS AND ADA UPGRADES FOR RONALD REAGAN
PARK AND HERITAGE PARK -
(A) For FY 98/99, Ronald Reagan and Heritage Parks were scheduled for
ADA retrofit/upgrades. On December 5, 1998, Council authorized
staff to advertise for bids for Park Improvements and ADA Upgrades
for these two parks.
MPT/O'Connor moved, C/Huff seconded to (a) approve a budget
adjustment which includes allocation of additional CDBG funds in the
amount of $109,000 to increase the total budget amount for this
project to $439,000 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 of $381,650.75. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
(B) Council awarded a construction contract to 4 -Con Engineering, Inc.
for park improvements and ADA upgrades for Ronald Reagan and
Heritage Parks. Staff proposed to award a construction inspection
services contract to D&J Engineering. As the City's Building & Safety
Consultant/Building Official, D&J is thoroughly familiar with ADA
MARCH 2, 1999 PAGE 9 CITY COUNCIL
standards and code compliance requirements.
MPT/O'Connor moved, C/Ansari seconded to authorize the City
Manager to execute a purchase order for D&J Engineering for
construction inspection services in an amount not -to -exceed $14,875.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
8.4 RESOLUTION NO. 99-13: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING INSTALLATION OF A 50 -
FOOT RED CURB NORTH OF, AND A 25 -FOOT RED CURB SOUTH OF
PASCO COURT ON FALLOW FIELD DRIVE - To improve the sight visibility
distance of motorists at the intersection of Fallow Field Dr. and Pasco Ct.,
the Traffic & Transportation Commission recommended installation of a 50
foot red curb north of and a 25 foot red curb south of Pasco Ct. on Fallow
Field Dr. The vicinity of this intersection is utilized mainly by visitors and
employees of First Mortgage Corporation during the week for two hours
between 8:00 a.m. and 5:00 p.m.
Following discussion, MPT/O'Connor moved, C/Huff seconded, to adopt
Resolution No. 99-13 approving installation of a 50 foot red curb north of and
a 25 foot red curb south of Pasco Ct. on Fallow Field Dr. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Huff, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera
9. NEW BUSINESS:
9.1 AWARD OF CONTRACT FOR DIAL -A -CAB SERVICES TO DIVERSIFIED
PARATRANSIT - In December 1999, the City released a Request for
Proposals for Dial -A -Cab Services. The RFP was mailed to six
taxi/paratransit service providers and only one firm responded - Diversified
Paratransit, Inc. Diversified has been providing dial -a -cab services to the
City since April 1995. These services are offered to residents who are 60
years of age and older and persons with disabilities, 7 days a week, 24
hours a day, as a demand -response system. The boundaries for coverage
are Arrow Hwy. to the north; Imperial Hwy./Carbon Canyon Rd. to the south;
Central Ave. to the east and Hacienda Blvd./Amar/Sunset to the west. In
addition to the boundaries, the City has designated 29 medical facilities,
Ontario Airport and Fullerton Amtrak Station. The fares are $.50 within City
MARCH 2, 1999 PAGE 10 CITY COUNCIL
limits and $1.50 outside City limits within the boundaries or designated
facilities.
Martha Bruske felt that the City is throwing away its Proposition A funds by
providing this program.
C/Ansari recommended increasing the fee to Ontario Airport and Fullerton
Amtrak Station from $1.50 to $5.00 per one-way trip. She stated that senior
citizens have expressed concerns about the dial -a -cab door latches opening
more easily. She said that she is pleased with the response of the company
but is concerned about the length of time between calling for a cab and
actual pickup.
MPT/O'Connor agreed with C/Ansari that the fee to Ontario Airport and
Fullerton Amtrak Station should be increased from $1.50 to $5.00 per one-
way trip.
In response to MPTIO'Connor, CM/Belanger explained that Proposition A
Funds are intended to be used for transit/transportation services (buses,
shuttles and other types of conveyances). These funds may also be used,
on a limited basis, to create concrete bus pads where buses stop as well as
senior citizens' excursions. In addition, D.B. has a very aggressive and
successful transit subsidy program. All related activities must be approved
by MTA.
CA/Jenkins stated that it may be advisable to place this matter on a future
agenda so that the affected persons would have some notice of and
opportunity to comment on the proposed increase.
C/Huff left the meeting at 10:15 p.m.
Following discussion, C/Ansari moved, M/Chang seconded, to award a
contract for Dial -A -Cab services to Diversified Paratransit, Inc. for the period
April 1, 1999 to June 30, 2000 and direct staff to bring back a report on
increasing the fees for ridership to Ontario Airport and the Amtrak Station in
Fullerton. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Herrera, Huff
9.2 MATTER OF APPOINTMENT OF TWO DELEGATES AND ONE
ALTERNATE TO THE TRES HERMANOS CONSERVATION AUTHORITY
BOARD OF DIRECTORS - The City Councils of D.B. and Chino Hills have
entered into a Joint Exercise of Powers Agreement which forms the Tres
Hermanos Conservation Authority. The THCA/JPA provides for each City
MARCH 2, 1999 PAGE 11 CITY COUNCIL
to have two members on the board of directors and one alternate.
CONTINUED TO MARCH 16, 1999.
RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the City
Council Meeting to the Redevelopment Agency at 10:21 p.m.
RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City Council
meeting at 10:25 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER
COMMENTS: C/Ansari stated that Council had been very busy during the
previous two weeks. On February 17, she and MPT/O'Connor attended a Contract
Cities Meeting. The Council Members met with legislators in Sacramento on
February 18 to attempt to insure that additional monies are not taken away from
cities. She attended the Parks award ceremonies in Santa Clara. On February 23,
she attended an all day water conference at CalPoly. On February 24, the YMCA
held its fundraising kickoff. She attended the Troop 7 Boy Scout Court of Review.
Troop 7 has had more than 45 Eagle Scouts and have an average of two new Eagle
Scouts per month. The CLOUT meeting was held on February 25 during which she
had an opportunity to see the newly remodeled Claremont City Hall, skateboard
park and pooch park. On February 26, the Council attended the Chamber of
Commerce Breakfast with Assemblyman Bob Pacheco. In the afternoon, she
attended the final SCAG Solid Waste Committee meeting. In the evening, she
attended the SCAG retirement dinner as well as the City of Pomona's honor
ceremonies for former Council Member Nell Soto. Further, she attended the AB939
(trash and solid waste) meeting at the SCAQMD conducted by consultant J. Michael
Huls. On April 25, the Friends of the Library will hold a Wine Soiree. She
encouraged citizens to participate in the fundraising for Pacific Crest Drum and
Bugle Corp and for the South Pointe Middle School band.
MPT/O'Connor stated that on February 17, she attended the Contract Cities
meeting. On February 19, she attended a Transportation Conference dealing with
the Alameda East Corridor Project. On February 20, she assisted in the delivery
of 3400 cases of Girl Scout cookies. She attended the CPRS awards banquet in
recognition of the City's work on Pantera Park that night. On February 24, she
attended the YMCA campaign kickoff. On February 25, she attended the Eggs &
Issues Breakfast sponsored by the Chamber of Commerce. The featured speaker
was Assemblyman Bob Pacheco. Also on February 26, she attended the Finance
Committee meeting, which is open to the public. Friday evening she attended the
D.B. High School Las Vegas Night, which is a fundraising activity for the school's
future stadium. On February 27, she and C/Herrera attended the opening
ceremonies for Girls Softball. On February 28, she and C/Huff and C/Herrera
attended the Little League's opening ceremonies. On Sunday evening, she
attended the CIF Football Champion's banquet honoring the CIF champions. She
invited any citizen who is concerned about the meetings she attends to contact her
for further information. Responding to earlier comments, she stated that Council
study sessions are open to the public; the date, time and location is stated on the
MARCH 2, 1999 PAGE 12 CITY COUNCIL
published agenda. She encouraged concerned citizens to participate. She
emphasized that no Council actions are taken during study sessions. Actions are
taken during Council meetings in the public forum. She asked that a Sheriffs
Department presentation regarding the status of school traffic enforcement be
placed on a future agenda.
M/Chang reiterated that Council Members had been very busy during the last two
weeks. With respect to the Lanterman expansion project, the matter had been
ongoing for some time. The facility is not located in the City and they are following
the law. He stated that it was his fault for not responding to the EIR and apologized
to the residents. He believed that Council Members are making every effort to
represent the wishes of the citizens and to report back to the residents regarding
matters of concern. He apologized for not being able to attend all City functions.
However, there is generally a Council Member available to represent the City. He
spoke about visiting the State Legislature in an attempt to assist the flow of monies
back to cities. Each Council Member works very hard on behalf of the City to bring
the best to D.B. and improve the quality of life for the residents.
11. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned
the meeting at 10:43 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
INTEROFFICE MEMORANDUM
CITY OF DIAMOND BAR
TO: Mayor and City Council and
Redevelopment Agency Chairman and Board Members
FROM: Terrence L. Belanger, City Manager/Executive Director
SUBJECT: Disposition and Development Agreement (DDA) Between the Diamond Bar
Redevelopment Agency and Diamond Bar partners, LLC
DATE: March 10, 1999
RECOMMENDATION:
It is recommended that the Diamond Bar Redevelopment Agency enter into an
agreement with Diamond Bar Partners, LLC, in order to implement provisions of
the Redevelopment Plan by providing for the Agency' acquisition of Lot 22 and
23, Gateway Corporate Center, and the subsequent sale of Lots 22 and 23,
Gateway Corporate Center, for the construction and operation of Diamond Bar
Partners, LLC, improvements thereon.
DISCUSSION:
Diamond bar Partners, LLC (Developer) has entered into an agreement for the
purchase of Lots 22 and 23 of the Gateway Corporate Center (Site), which Site is
located wihin the Redevelopment Project Area. The Developer intends to
construct two- (2) office building and parking facility, providing a total of
128,000 gross square feet (124,230 net retable square feet) and parking spaces
(Project). The Developer intends to lease the Project to a Fortune 500 company,
Allstate Insurance Company, which will employ approximately 800 to 1,000
employees. The Developer has requested Diamond Bar Redevelopment Agency
(Agency) assistance in the acquisition of the Site.
The Agency and Developer are proposing to enter into a Disposition and
Development Agreement (Agreement) in order to implement the provisions of the
Redevelopment Plan (Plan) by providing for the Agency's acquisition of the Site
and the subsequent sale of the Site to the Developer for the construction and
operation of the Developer improvements.
The Agency's intent in entering into the Agreement is because, pursuant to
Community Redevelopment Law and the Plan, said action will help to eliminate
Diamond Bar Partners, LLC
March 10, 1999
Page Two
blight in the Project, increase employment opportunities within the Project, and
generate additional property taxes with which the community can assist in
providing an environment for the social, economic, and psychological growth and
well being of the citizens of the City.
The Agreement provides that the Developer will assign his position in its escrow
to the Agency and fund the purchase of the Site acquisition from the current
owner at the currently agreed to price of $3,797,000. The Developer agrees to
loan the Agency $1,400,000 (loan) to enable the transaction to close. The
Developer will secure the Loan with a loan agreement. The Loan will be secured
and repaid from any legally available funds of the Agency. The Developer is
aware of the pending litigation challenging the validity of the Plan. The
Developer also understands and agrees that in the event that the Agency does not
receive a favorable non -appealing judgment there will be no money available to
repay the Loan, except for moneys in the Agency's Redevelopment Revolving
Loan Fund. It is anticipated that the City may make up to $700,000 available to
the Agency for the purposes of economic development. These funds would be
provided buy a loan from the City to the Agency's Redevelopment Revolving
Loan Fund. A more complete analysis and description of the transaction is
contained in a Draft Summary Report, dated March 1, 1999, prepared by Rosenow
Spevacek Group (attached).
nbw
attachment
cc: Michael Jenkins, City Attorney
James DeStefano, Deputy City Manager
Draft
SUMMARY REPORT
MARCH 1, 1999
DIAMOND BAR PARTNERS, L.L.C.
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS SUMMARY REPORT HAS BEEN PREPARED PURSUANT TO SECTION 33433
OF THE CALIFORNIA REDEVELOPMENT LAW REGARDING THE PURCHASE, SALE,
AND DEVELOPMENT OF LOT 22 AND LOT 23 OF GATEWAY CORPORATE
CENTER (IDENTIFIED AS 21810 AND 21950 E. COPLEY DRIVE) LOCATED AT
GATEWAY CENTER DRIVE WITHIN THE DIAMOND BAR ECONOMIC
REVITALIZATION AREA
The Diamond Bar Redevelopment Agency ("Agency") is considering entering into a
Disposition and Development Agreement ("Agreement") with Diamond Bar Partners, L.L.C.,
a Delaware Limited Liability Company ("Developer") for the sale of property for the
development of a commercial office complex located within the Agency's Economic
Revitalization Area ("Project Area"). The parcels under consideration (Lots 22 and 23) total
approximately 6.91 net acres, or 301,000 net square feet, located within the Gateway
Corporate Center (Assessors Parcel Numbers 8350-050-022 and 023) ("Site"). Development
of the Site as a commercial office complex would eliminate economic blight from the
Project Area and further the economic development efforts of the City of Diamond Bar
("City"), all in conformity with the Redevelopment Plan for the Project Area. The proposed
Agreement is provided as Exhibit A to this Summary Report for public review pursuant to
Section 33433 of the California Community Redevelopment Law.
The Developer is proposing to acquire and develop a site of approximately 15.54 gross
acres and 6.91 net acres located in the Gateway Corporate Center located at the southeast
intersection of the Pomona (60) and Orange (57) Freeways.
The Developer is proposing to construct a two building corporate office campus on the
Site. One building will be comprised of three (3) stories and the other two (2) stories.
Additionally the development will include a 135,000 square foot parking structure that will
accommodate approximately 400 cars. Combined, the two office buildings will have a total
of approximately 128,000 gross, and 124,230 net, rentable square feet. The Site will be
developed with required landscaping and parking. The current design and transaction
anticipates an office development whose lease tenant will be Allstate Insurance Company,
an Illinois Corporation or its affiliate ("Allstate"). Allstate will employ approximately 800 to
1,000 employees. It is anticipated that the term of the initial lease will be for ten (10)
years.
FINANCIAL AND OTHER ASPECTS OF THE AGREEMENT
The Agreement provides that the Developer will assign his position in their escrow to the
Agency and fund the purchase of the Site acquisition from the current owner at the
currently agreed to price of $3,797,000. The Developer agrees to loan the Agency
$1,400,000 ("Developer Loan") to enable the transaction to close. Developer will secure
diambarbpus\Summary Repan. doc 1 3/2/99
the Developer Loan visa the loan agreement included within Attachment No. 9 of the
Agreement. The Developer Loan will be secured and repaid from any legally available funds
of the Agency. The Developer is aware of the pending litigation challenging the validity of
the Redevelopment Plan. The Developer also understands and agrees that in the event
that the Agency does not receive a favorable non -appealing judgement, there will be no
money available to repay the Developer Loan except for moneys in the Agency's
Redevelopment Revolving Loan Fund. It is anticipated that the City may make up to
$700,000 available to the Agency for the purposes of economic development. These funds
would be provided by a loan from the City to the Agency's Redevelopment Revolving Loan
Fund. The Agency will then sell the property to the Developer at the agreed reuse value of
$2,397,000. Other financial aspects of the Agreement are as follows:
• A portion of the Developer Loan shall be repaid in accordance with the
terms and conditions enumerated in the Developer Loan Note. Upon
receipt of evidence that the Developer has entered into a lease with a term
of not less than ten (10) years with Allstate and the Release of
Construction Covenants as provided in Section 311 of the Agreement.
• The Developer agrees to an "Adjustment Factor" in terms of the repayment
of a portion of the Developer Loan. The "Adjustment Factor" is defined as
a percentage of the difference between the projected hard costs of the
project and the actual hard costs incurred by the Developer. Hard Costs,
for the purpose of the Agreement, are defined as the costs of the architect,
engineering, and design services for the project, as well as the actual cost
of construction of the structures, hardscape, landscaping and required
off-site improvements.
• The Developer agrees to develop the Site in conformance to the Scope of
Development as set forth in Section 301 of the Agreement. Section 301
requires the construction of two office structures of approximately
124,000 net rentable square feet and a parking structure housing not less
than 400 cars.
• The Developer agrees to develop the Site within a time frame that
conforms with the Schedule of Performance designated as Attachment No.
3 to the Agreement.
• The Developer agrees to a minimum assessed valuation ("Minimum Project
Value") of the Project of no less than $26 million. Further, if the Minimum
Project Value (over the term of the Redevelopment Plan) falls below $26
million, the Developer shall pay 1% of the difference of the Minimum
Project Value less the current year assessed value directly to the City or
Agency.
• The Developer covenants that the Site will be leased by Allstate for a
minimum of ten (10) years.
• Parking for the Site will be developed in an amount equal to 790 stalls,
which is the application of a parking ratio of not less than 6.3 stalls per
1,000 net rentable square feet of development.
diambar\opus\Summary Repondoc 2 3/2/99
Economic Analysis of Proposed Agreement
The Agency utilized the services of Rosenow Spevacek Group, Inc. ("RSG") to review the
Developer's proposal and conduct an independent analysis of the Project. The following
financial information is based on the RSG analysis. Tables A and B attached to this Report
detail the findings cited below.
COST OF THE AGREEMENT TO THE AGENCY
Developer Assistance -Land Cost Write -Down
$1,400,000
Cost of Funds to the Agency @ 5% per Annum for 10 Years
$332,076
Based upon tax increment projections of the Developer's project, $1.73
million in tax increment will be generated by the within 11 years.
Total Agency Costs
$1,732,076
POTENTIAL COST OF THE AGREEMENT TO THE CITY
Maximum City loan amount to Agency which may convert to economic
development contribution
$700,000
Cost of funds over 20 year period @ 5% per annum
$700,000
$1,400,000
FINANCIAL BENEFITS TO THE AGENCY FROM THE AGREEMENT
Tax Increment Revenue Estimates'
Net revenue to the Agency generated by the Developer Project after pass
throughs to taxing agencies over 20 year period.
$3,694,201
Net revenue to the Agency after pass throughs to taxing agencies over life
of Redevelopment Plan (45 years)
$10,645,304
Property Tax Revenue (assuming Redevelopment Plan is invalidated)
Based upon City's 5.3% share of the 1 % general levy -property tax generated
by the Developer Project over the 45 -year life of the Redevelopment Plan
$822,233
INDIRECT FINANCIAL BENEFITS TO THE CITY FROM THE AGREEMENT
Direct jobs to be produced by the development
1,000
Indirect jobs to be produced within the general area
790
Total direct & indirect jobs within area
1,790
Total estimated annual payroll for direct & indirect jobs2
$34,860,000
Total estimated annual payroll for indirectjobs2
$31,600,000
Total estimated annual sales within the City from direct & indirect jobs
$4,670,000
Estimated annual sales tax to the City3
$46,700
1 Secured assessed value of Project increased by 2% per annum.
2 Based upon income break down of potential employees provided by the developer
3 Assumes io% of employee's salary is spent within City limits.
diambar\opus\Summary Report doc 3 3/2/99
Estimated Value of Interest to be Conveyed or Leased Determined at the Highest and
Best Uses Permitted under the Plan
The Agency will purchased the Site for the owner's asking price of $3.797 million. The
terms of the Agreement provide that the Agency will resell the Site to the Developer for
$2.397 million. An analysis of land values in relation to the proposed development cost
and project lease rates are presented in the attached Reuse Analysis (Exhibit B). Based
upon the attached Reuse Analysis, the Site is worth no more than $8 a square foot, or
$2.408 million.
Estimated Value of the Interest to be Conveyed or Leased Determined upon the
Proposed Allstate Insurance Company Corporate Office Center (Commercial Office
Use) Required by the Proposed Agreement
As outlined in Attachment B, the value of the Site determined by the proposed Corporate
Office Center is no more than $8 per square foot or $2.408 million. The Agreement
provides for the transfer of the property from the Agency to the Developer for a purchase
price of $2.397 million.
Explanation of How the Sale Will Assist in the Elimination of Blight
The Site is currently considered to be economically blighted as documented in the
Agency's 1997 Report to the City Council of the Project Area. Sale to the Developer will
provide the economic relief necessary to enable development of the Site and elimination of
its blighting conditions.
Public Hearing
Pursuant to Section 33433 of the California Redevelopment Law, the City Council and the
Agency will consider the proposed Agreement at a joint public hearing on March 16, 1999.
A copy of the hearing notice is attached as Exhibit C.
z_.
diamba6opus\Summary Report.doc A
F 3/2/99
TABLE A
OPUS-ALLSTATE OFFICE PROJECT
Diamond Bar Economic Revitalization Area
45 Year Projected Tax Increment Revenues
REVENUE
TO AGENCY
Cumulative
City Property Tax
Amount
Net TI
Shan If Project
Tax Share
Estimated
Estimated
(80%)
Area is invalidated
City Property
sec.
Secured
Unsecured
Incremental
Gross
Total
Non
LovdMod
Total
@5.3%of the l%
To Share
Fiscal
cxoat6
Assessed
@0
(Assessed)
Tax
Statutory
Housing
Housing
Revenue
Year
pats
Value
gbh
Value
Increment
Pass-thrus
Set-aside
to Agency
1996.97
BY
2,863,220
-
1 1998-99
4,088,772
-
1,205,552
12,056
2,411
7,233
2,411
9,644
2,167.05
2,167.05
21999-00
2%
4,170,547
-
1,287,327
12,873
2.575
7,724
2,575
10,299
2,210.39
4,377.44
3 2000-01
2%
19,000,000
6,211,500
22,328,280
223,283
44.657
133,970
44,657
178,626
13,362.10
17,739.53
4 2001-02
2%
19,380,000
5,211,500
22,708.280
227,083
45,417
136,250
45,417
181,666
13,563.50
31,303.03
5 2002-03
2%
19,767,600
6,211,500
23,095,880
230,959
46,192
138,575
46,192
184,767
13,768.92
45,07195
6 2003-04
2%
20,162,952
6,211,500
23,491,232
234,912
46,982
140,947
46,982
187,930
13,978.46
59,050.41
7 2004-05
2%
20,566,211
6,211,500
23,894,491
238,945
47,789
143,367
47,789
191,156
14,192.19
73,242.60
8 2005-06
2%
20,977,535
6,211500
24,305,815
243,058
48,612
145,835
48,612
194,447
14,410.19
87,652.79
9 20D6-07
2%
21,397,085
6,211,500
24,725,366
247,254
49,451
148,352
49,451
197,803
14,632.55
102,285.34
10 2007-08
2%
21,825,028
6,211,500
25,153,308
251,533
50,307
150,920
50,307
201,226
14,859.36
117,144.70
11 2008-09
2%
22,261,528
6,211,500
25,589,808
255,898
52,632
152,087
51,180
203,266
15,090.70
132,235.40
12 2009-10
2%
22,706,759
6,211,500
26,035,039
260,350
54,270
154,010
52,070
106,000
15,326.68
147,562.08
13 2010-11
2%
23,160,894
6,211,500
26,489,174
254.892
55,942
155,972
52,978
208,950
15,567.37
163,129.45
14 2011-12
2%
23,624,112
6,211,500
26,952,392
269,524
57,646
157,971
53,905
211,878
15,812.87
178,942.32
15 2012-13
2%
24,096,594
6;211,500
27,424,874
274,249
59,385
160,014
54,850
214,864
16,063.29
195.DC5.61
16 2013-14
2%
24,578,526
6,211,500
27,906,806
279,068
61,158
162,096
55,814
217.910
16,318.71
211,324.33
17 2014-15
2%
25,070,096
6,211,500
28,398.376
283.984
62,967
164,220
56,797
221,016
16,579.25
227,903.57
18 2015-16
2%
25,571,498
6,211,500
28,899,778
288,998
64,813
166,386
57,800
224,185
16,844.99
244,748.56
19 2016-17
2%
26,082,928
6,211,500
29,411,208
294,112
66,695
168,595
58,822
227,417
17,116.05
261,864.61
20 2017-18
2%
1 26,604,587
6,211,500
29,932,867
299,329
68,614
170,849
59,866
230,714
17,392.53
17,674.53
279,257.13
296,931,67
21 2018-19
2%
27,136,679
6,211,500
30 464,959
304,650
70,572
173,147
60,930
234,077
22 2019-20
2%
27.679,412
6,211,500
31,007,692
310,077
72,570
175,492
62,015
237,507
17,962.18
314,893.85
23 2020-21
2%
28,233,001
6,211,500
31,561,281
315,613
74,507
177,883
63,123
241,006
18,255.59
333,149 44
24 2021-22
2%
28,797,661
6,211,500
32,125,941
321,259
76,685
180,323
64,252
244,575
18,554.86
351,704.29
25 2022-23
2%
29,373,614
6,211,500
32,701,894
327,019
78,804
182,611
65,404
248,215
18,860.11
370,564,40
26 2023-24
2%
29,961,086
6,211,500
31289,366
332,894
80,966
185,349
66,579
251,927
19,171.47
389,735.87
27 2024-25
2%
30,560,308
6.211,500
33,888,588
338,886
83,171
187,937
67,777
255,714
19,489.06
409,224.93
28 2025-26
2%
31,171,514
6.211,500
34,499,794
344,998
85,421
190,571
69,000
259,577
19,813.00
429,037.93
29 2026-27
2%
31,794,944
6,211,500
35,123,224
351,232
87,715
193,271
70,246
263,517
20,143.42
449,181.35
30 2027-28
2%
32,430,843
6,211,500
35,759,123
357,591
90.055
196,016
71,518
267,536
20,480.44
469,661.79
31 2028-29
2%
33,079,460
6,211,500
36,407,740
364,077
93,881
197,381
72,815
270,197
20,824.21
490,486.00
32 2029-30
2%
33,741,049
6,211,500
37,069,329
370,693
97,056
199,498
74,139
273,637
21,174.85
511,660.85
33 2030-31
2%
34,415,870
6,211,500
37,744,150
377,442
100,295
201,658
75,488
277.146
21,532.51
533,193.35
34 2031-32
2%
35,104,187
6,211,500
38,432.467
384,325
103,599
203,861
76,865
280,725
21,897.31
555,090.67
35 2032-33
2%
35,806,271
6,211,500
39.134,551
391,346
106,969
205,107
78,269
284,376
22,269.42
577,360.09
36 2033-34
2%
36,522,397
6,211,500
39,850,677
398,507
110,407
206,399
79,701
288,100
22,648.97
600,009.05
37 2034-35
2%
37,252.845
6,211,500
40,501,125
405,811
113,913
210,736
81,162
291,898
23,036.10
623,045.15
38 2035-36
2%
37,997,902
6,211,500
41,326,182
413,262
117,489
213,120
82,652
295,773
23,430.98
646,476.14
392036-37
2%
38 757,060
6,211,500
42,086.140
420.861
121.137
215,552
84,172
299,725
23,833.76
670,309.90
40 2037-38
2%
39,533,017
6,211,500
42,861,297
428,613
124,858
218,033
85,723
303,755
24,244.59
694,554.49
41 2038-39
2%
40,323,677
6,211,500
43,651,957
436,520
128,653
220,563
87,304
307,867
24,663.64
719,218.14
42 2039-40
2%
41,130,151
6,211,500
44,458,431
444,584
132,524
223,114
88,917
312,060
25,091.07
744,309.21
43 2040-41
2%
41,952,754
6,211,500
45,281 034
452,810
136,472
225,776
90,562
316,338
25,527.05
769,836.26
44 2041-42
2%
42,791,809
8211,500
46,120,089
461,201
140,500
228,461
92,240
320,701
25,971.75
795,808.02
45 2041-42
2%
43,647,645
6,211,500
48975,925
469,759
144,606
231,200
1 93,952
1 325,1511
26,425.35
822,23136
C...10.T.w
14,204,333
3,559,028
I 7,804,4381
2,840,667
.
I 10,645,304 822,233.36
-..........................---.------....--._..............--....................._
Net Present Value(6.5%)
_.-----.....................-_....
3,805,958
_.....-----.
1 912,045
_.....................
1 2,185,969
1 761,192
1 2,947,160
diambar\opus\Summary Repon doc 5 3/2/99
TABLE B
OPUS GATEWAY PROJECT
Diamond Bar Economic Revitalization Area
20 Year Projected Tax Increment Revenues
REVENUE
TO AGENCY
Land Write Dorm
City Property Tax
Net Ti
of $1.4111illion Cost of
Share if Project
EstimatedEstimated
(80%)
Funds to the Agency
Area is invalidated
sec.
Secured Un
eUnsecureQ
cremental
Gross
Total
Non
LowlMod
Total
Assuming interest
@5.3%of the 1%
Fiscal
Growth
Assessed G
Q D Assi
s4disessed)
Tax
Statutory
Housing
Housing
Revenue
rates
Year
Rate
Value
growth Value
Value
Increment
Pass-thrus
Set-aside
to Agency I
@ 5%
1996.97
BY
2,683,220
Principal
Interest
1;400,000
11998-99
0%
4,088,772
1,205,552
12,056
2,411
7,233
2,411
9,644
35,000
2,167.05
21999.00
2%
4,170,547
1,287,327
12,873
2,575
7,724
2,575
10,299
1,389,701
69,485
2,210.39
3 2000-01
2%
19,000,000
6,211,500
22,328,280
223,263
44,657
133,970
44,657
178,626
1,211,075
60,554
13,362.10
4 2001-02
2%
19,380,000
6,211,500
22,708,280
227,083
45,417
136,250
45,417
181,666
1,029,409
51,470
13,563.50
5 2002-03
21/6
19,767,600
6,211,500
23,095,880
230.959
46,192
138,575
46,192
184,767
844,642
42,232
13,768.92
6 2003-04
21/6
20,162,952
6,211,500
23,491,232
234.912
46,982
140,947
46,982
187,930
656,712
32,536
13,978.46
7 2004-05
2%
20,566,211
6,211,500
23,894,491
238,945
47,789
143,367
47,789
191,156
465,556
23,278
14,192.19
8 2005-06
2°h
20,977,535
6,211,500
24,305,815
243,058
48,612
145,835
48,612
194,447
271,110
13,555
14,410.19
9 2006-07
29/6
21,397,086
6,211,500
24,725.366
247,254
49,451
148,352
49,451
197,803
73,307
3,665
14,632.55
10 2007-08
2%
21,825,028
6,211,500
25,153,308
251,533
50,307
150,920
50,307
201,226
0
0
14,859.36
112008-09
214
22,261,528
6,211,500
25,589808
255,898
52,632
152,087
51,180
203,266
0
0
15,090.70
12 2009-10
26%
22,706,759
6,211,500
26,035,039
260,350
54,270
154,010
52,070
206,080
0
0
15,326.68
13 2010-11
20/6
23,160,894
6,211,500
26,489,174
264,892
55,942
155,972
52,978
208,950
TotolPav6et
332.076
15,567.37
14 2011-12
2%
23,624,112
6,211,500
26,952,392
269,524
57.646
157,973
53,905
211,878
201,226
15,812.87
15 2012-13
2%
24,096,594
6,211,500
27,424,874
274,249
59.365
160,014
54,850
214,864
-2,040
16,063.29
16 2013-14
2%
24,578,526
6,211,5D0
27,906,806
279.068
61,158
162,096
55,814
217,910
0
16,318.71
17 2014-15
2%
25,070,096
6,211,500
28,398,376
283,984
62,967
164,220
56,797
221,016
0
16,579.25
18 2015-16
2%
25,571,498
6,211.500
28,899,778
288,998
64,813
166,386
57,800
224,185
16,844.99
19 2016-17
2%
26,082,928
6,211,500
29,411,208
294,112
66,695
168,595
58,822
227,417
17,116.05
20 2017-18
1 2%
1 26,604,587
1 6,211,500
29,932,867
1 299,329
1 68,614
1 170,9491
59,866
230,714
1 17,392.53
Cumulative Total 4,680,303 1 986,102 1 2,758,140 1 936,061
1 3,694,201
277,090.09
Net Present Value (6.5%) 1 1,480,002 514,708 1 1,469,194 1 496,000
1 1,965,294
diambar\opus\Summary Report. doc 6 3/2/99
EXHIBIT A
DRAFT DISPOSITION AND DEVELOPMENT AGREEMENT
diambar\opus\Summary Report. doc �7
3/2/99
EXHIBIT B
REUSE ANALYSIS
diambar\opus\Summary Repon.doe 8 3/2/99
RESOLUTION NO. 99-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA APPROVING A
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE DIAMOND BAR REDEVELOPMENT
AGENCY AND DIAMOND BAR PARTNERS, L.L.C.
WHEREAS, the City Council of the City of Diamond Bar (the "City Council") adopted a
Redevelopment Plan (the "Redevelopment Plan') for the Diamond Bar Redevelopment Economic
Revitalization Area (the "Redevelopment Project"), by Ordinance No. 03(1997) of the City Council on
July 15, 1997; and
WHEREAS, the Diamond Bar Redevelopment Agency (the "Agency") is authorized and
empowered under the Community Redevelopment Law, Health and Safety Code section 33000 et seq.,
to enter into agreements for the acquisition, disposition and development of real property and otherwise
to assist in the redevelopment of real property within a redevelopment project area in conformity with a
redevelopment plan adopted for such area, to acquire real and personal property in redevelopment
e Agency of redevelopment assistance, to
project areas, to receive consideration for the provision by th
make and execute contracts and other instruments necessary or convenient to the exercise of its
powers, and to incur indebtedness to finance or refinance redevelopment projects; and
WHEREAS, pursuant to Section 33433 of the California Health and Safety Code, the Agency
is authorized, with the approval of the City Council after a duly noticed public hearing, to sell or lease
property for development upon a determination by the City Council that the sale or lease of the property
will assist in the elimination of blight and that the consideration for such sale or lease is not less than
either the fair market value or fair reuse value of the property in accordance with the covenants and
conditions governing the execution of the contract for sale or lease and the development costs required
thereof, and
WHEREAS, Diamond Bar Partners, L.L.C., a Delaware Limited Liability Company
(the 'Developer") has entered into an agreement for the purchase of that certain real property which is
approximately 15.54 gross acres in size 3 of the Gateway Corporate Centers in the Redeble acres ye opment is
commonly referred to as Lots 22 an
Project (the "Site"); and
WHEREAS, the Developer intends to construct two office buildings, one oximat 1 three stories
and approximately 70,000 net rentable square feet and one with two stores and app Y
54,230
net rental square feet, and a four-story parking structure (the "Project"); and
WHEREAS, Developer intends to a lease majority of the Project to Allstate Insurance
Company or an Affiliate which will employ approximately 800 to 1,000 employees.
643772.1\24168.0001
WHEREAS, Agency and Developer propose to enter into a Disposition and Development
Agreement (the "DDA") in order to provide for Agency's acquisition of the Site and the subsequent
sale of the Site to the Developer for the construction and operation of the Developer Improvements
thereon; and
WHEREAS, the proposed DDA and a summary report meeting the requirements of Health
and Safety Code Section 33433, were available for public inspection consistent with the requirements
of Health and Safety Code Section 33433; and
WHEREAS, on March 16, 1999, the Agency and City Council held a duly noticed joint public
hearing on the proposed DDA in accordance with the requirements of Health and Safety Code Section
33433, at which time the Agency reviewed and evaluated all of the information, testimony, and
evidence presented during the joint public hearing; and
WHEREAS, the City Council has reviewed the summary report required pursuant to Health
and Safety Code Section 33433 and evaluated other information pertaining to the findings required
pursuant to Health and Safety Code Section 33433; and
WHEREAS, the City Council has duly considered all terms and conditions of the proposed
DDA and the City Council believes that the execution of the DDA is in the best interests of the City of
Diamond Bar and the health, safety, and welfare of its residents, and in accord with the public purposes
and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, AS FOLLOWS:
1. The City Council finds and determines that, based upon substantial evidence provided
in the record before it, the consideration for the Agency's execution of the DDA and potential sale of
the Property is not less than either the fair market value or the fair reuse value in accordance with the
covenants, conditions and restrictions imposed under the DDA and the costs required under the DDA.
2. The City Council hereby finds and determines that the execution of the DDA (i) will
assist in the elimination of blight by requiring the development of the Property in accordance with the
DDA as a commercial office center and related improvements, and (ii) is consistent with the
Redevelopment Plan adopted by the Agency pursuant to California Health and Safety Code
Section 33490.
3. The DDA, a copy of which is on file with the Secretary of the Agency, is hereby
approved, with any changes mutually agreed upon by Developer and the Agency Executive Director as
are minor and in substantial conformance with the form of the DDA which has been submitted
herewith. The Agency Executive Director is hereby authorized to execute the DDA on behalf of the
Agency and the Agency's Executive Director is authorized to take such actions and execute such other
documents on behalf of the Agency as are necessary in implementation or furtherance of the DDA.
643772.1\24168.0001 2
PASSED, APPROVED AND ADOPTED THIS 22nd day of October, 1998 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor of the City of Diamond Bar
ATTEST:
City Clerk
643772.1\24168.0001
RESOLUTION NO. RA 99 --
RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT
AGENCY OF DIAMOND BAR, CALIFORNIA APPROVING A
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE DIAMOND BAR REDEVELOPMENT
AGENCY AND DIAMOND BAR PARTNERS, L.L.C.
WHEREAS, the City Council of the City of Diamond Bar (the "City Council") adopted a
Redevelopment Plan for the Diamond Bar Economic Revitalization Area (the "Redevelopment
Project") which was approved and adopted by the City Council of the City of Diamond Bar on July 15,
1997, by Ordinance No. 03(1997).; and
WHEREAS, the Diamond Bar Redevelopment Agency (the "Agency") is authorized and
empowered under the Community Redevelopment Law, Health and Safety Code section 33000 et seq.,
to enter into agreements for the acquisition, disposition and development of real property and otherwise
to assist in the redevelopment of real property within a redevelopment project area in conformity with a
redevelopment plan adopted for such area, to acquire real and personal property in redevelopment
project areas, to receive consideration for the provision by the Agency of redevelopment assistance, to
make and execute contracts and other instruments necessary or convenient to the exercise of its
powers, and to incur indebtedness to finance or refinance redevelopment projects; and
WHEREAS, pursuant to Section 33433 of the California Health and Safety Code, the Agency
is authorized, with the approval of the City Council after a duly noticed public hearing, to sell or lease
property for development upon a determination by the City Council that the sale or lease of the property
will assist in the elimination of blight and that the consideration for the sale or lease is not less than
either the fair market value or fair reuse value of the property in accordance with the covenants and
conditions governing the execution of the contract for sale or lease and the development costs required
thereof, and
WHEREAS, Diamond Bar Partners, L.L.C., a Delaware Limited Liability Company
(the "Developer") has entered into an agreement for the purchase of that certain real property which is
approximately 15.54 gross acres in size with approximately 6.91 net developable acres and which is
commonly referred to as Lots 22 and 23 of the Gateway Corporate Centers in the Redevelopment
Project (the "Site"); and
WHEREAS, the Developer intends to construct two office buildings, one with three stories
and approximately 70,000 net rentable square feet and one with two stores and approximately 54,230
net rental square feet, and a four-story parking structure (the "Project"); and
WHEREAS, Developer intends to lease a majority of the Project to Allstate Insurance
Company or an Affiliate which will employ approximately 800 to 1,000 employees.
643773.124168.0001
WHEREAS, Agency and Developer propose to enter into a Disposition and Development
Agreement (the "DDA") in order to provide for Agency's acquisition of the Site and the subsequent
sale of the Site to the Developer for the construction and operation of the Developer Improvements
thereon; and
WHEREAS, the proposed DDA and a summary report meeting the requirements of Health
and Safety Code Section 33433, were available for public inspection consistent with the requirements
of Health and Safety Code Section 33433; and
WHEREAS, on March 16, 1999, the Agency and City Council held a duly noticed joint public
hearing on the proposed DDA in accordance with the requirements of Health and Safety Code Section
33433, at which time the Agency reviewed and evaluated all of the information, testimony, and
evidence presented during the joint public hearing; and
WHEREAS, all actions required by all applicable law with respect to the proposed DDA have
been taken in an appropriate and timely manner; and
WHEREAS, the Agency has reviewed the summary report required pursuant to Health and
Safety Code Section 33433 and evaluated other information pertaining to the findings required
pursuant to Health and Safety Code Section 33433; and
WHEREAS, the Agency has duly considered all terms and conditions of the proposed DDA
and the believes that the execution of the DDA is in the best interests of the City of Diamond Bar and
the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of
applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE
DIAMOND BAR REDEVELOPMENT AGENCY, AS FOLLOWS:
1. The Agency finds and determines that, based upon substantial evidence provided in the
record before it, the consideration for the Agency's execution of the DDA and the potential sale of the
Property is not less than either the fair market value or the fair reuse value in accordance with the
covenants, conditions and restrictions imposed under the DDA and the costs required under the DDA
2. The Agency finds and determines that the execution of the DDA (i) will assist in the
elimination of blight by requiring the development of the Property in accordance with the Agreement as
a commercial office center and related improvements, and (ii) is consistent with the Redevelopment
Plan adopted by the Agency pursuant to California Health and Safety Code Section 33490.
3. The Agreement, a copy of which is on file with the Secretary of the Agency, is hereby
approved, with any changes mutually agreed upon by Developer and the Agency Executive Director as
are minor and in substantial conformance with the form of the Agreement which has been submitted
herewith. The Agency Executive Director is hereby authorized to execute the Agreement on behalf of
the Agency and the Agency's Executive Director is authorized to take such actions and execute such
other documents on behalf of the Agency as are necessary in implementation or furtherance of the
Agreement.
643773.1\24168.0001 2
vote:
PASSED, APPROVED AND ADOPTED THIS 16th day of March, 1999 by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman of the Diamond Bar Redevelopment Agency
ATTEST:
Agency Secretary
643773.1\24168.0001
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1. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
2. PUBLIC HEARING:
5:00 p.m., October 22, 1998
Mayor Herrera/Chairman Huff
Council Members Ansari, Huff,
O'Connor, MPT/Chang, M/Herrera
Agency Members Chang, Herrera,
O'Connor, VC/Ansari, C/Huff
2.1 DISPOSITION.AND DEVELOPMENT AGREEMENT BETWEEN THE DIAMOND
BAR REDEVELOPMENT AGENCY AND TOOLEY & COMPANY - Tooley
& Company (Developer) has entered into an agreement for
the purchase of Lot 2 of the Gateway Corporate Center
(Site), which Site is located within the Redevelopment
Project area. The Developer intends to construct two
office buildings, with three stories and 82,944 gross sq.
ft. each (Project). The Developer intends to lease a
portion of the Project to a Fortune 500 company, which
will employ approximately 400 employees. The Developer
has requested Diamond Bar Redevelopment Agency (Agency)
assistance in the acquisition of the Site.
Recommended Action: It is recommended that the Diamond
Bar Redevelopment Agency enter into an Agreement, with
Tooley & Company, in order to implement provisions of the
Redevelopment Plan, by providing for the Agency's
acquisition of Lot 2, Gateway Corporate Center and the
subsequent sale of Lot 2, Gateway Corporate Center, for
the construction and operation of Tooley & Company
improvements thereon.
Requested by: Executive Director
3. ADJOURNMENT:
DISPOSITION AND DEVELOPMENT AGREEMENT
By and Between
DIAMOND BAR REDEVELOPMENT AGENCY
and
DIAMOND BAR PARTNERS, L.L.C.
639882.4124168.0001
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (this "Agreement") is
dated as of March 17, 1999 and is entered into by and between the DIAMOND BAR
REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency") and
DIAMOND BAR PARTNERS, L.L.C., a Delaware limited liability company (the "Developer").
RECITALS
The following recitals are a substantive part of this Agreement; capitalized terms used herein
and not otherwise defined are defined in Section 101 of this Agreement:
A. The Redevelopment Plan for the Diamond Bar Economic Revitalization Area (the
"Redevelopment Project") was approved and adopted by the City Council of the City of Diamond
Bar on July 15, 1997, by Ordinance No. 03(1997).
B. The Agency is authorized and empowered under the Community Redevelopment
Law, to enter into agreements for the acquisition, disposition and development of real property and
otherwise to assist in the redevelopment of real property within a redevelopment project area in
conformity with a redevelopment plan adopted for such area; to acquire real and personal property in
redevelopment project areas; to receive consideration for the provision by the Agency of
redevelopment assistance; to make and execute contracts and other instruments necessary or
convenient to the exercise of its powers; and to incur indebtedness to finance or refinance
redevelopment projects.
C. The Developer has entered into an agreement for the purchase of that certain real
property which is approximately 15.537 gross acres and 6.91 net acres in size and which is
commonly referred to as Lots 22 (218 10 E. Copley Drive) and Lot 23 (21950 E. Copley Drive) of the
Gateway Corporate Center in the Redevelopment Project (the "Site") as shown on the Site Map
attached hereto as Attachment No. 1 and as more particularly described in the Site Legal Description
attached hereto as Attachment No. 2.
D. Developer intends to construct an approximately 400 space parking structure (Lot 23)
and two office buildings on the Site, one with two stories and approximately 54,000 net rentable
square feet (Lot 22) and the other with three stories and approximately 70,000 net rentable square
feet (Lot 23) which the Developer intends to lease a majority of the rentable area of the buildings
located within the Project to the Allstate Insurance Company, an Illinois corporation or its Affiliate
("Tenant") which will employ approximately 600-800 employees at the Site (the "Project").
E. As a material inducement for the Developer to proceed with the Project, the Agency
has agreed to provide assistance in the acquisition of the Site.
F. The Agency and the Developer desire to enter into this Agreement in order to
implement the provisions of the Redevelopment Plan by providing for Agency's acquisition of the
639882.4\24168.0001
Site and the subsequent sale of the Site to the Developer for the construction and operation of the
Developer Improvements thereon.
G. The Agency further desires to enter into this Agreement for the improvement of the
Site by the Developer because, pursuant to the Community Redevelopment Law and the
Redevelopment Plan, such actions will help to eliminate blight in the Redevelopment Project,
increase the employment opportunities within the Redevelopment Project, generate additional
property taxes with which the community can assist in providing an environment for the social,
economic and psychological growth and well-being of the citizens of the City.
H. The Agency's acquisition of the Site and sale of the Site to Developer and
development of the Site by Developer pursuant to this Agreement and the fulfillment generally of
this Agreement are in the vital and best interests of the City and the health, safety, and welfare of its
residents and are in accord with the provisions of applicable federal, state and local law.
NOW, THEREFORE, the Agency and the Developer hereby agree as follows:
100. INTRODUCTORY PROVISIONS
101. Definitions.
"Adjustment Factor" is defined in Section 201.3 hereof.
"AEW Contract" shall mean that purchase agreement and escrow instruction between
Owner and Developer's predecessor in interest dated as of October 26, 1998, as amended.
"Affiliate" shall mean any person, corporation, limited liability company, partnership, trust
or other entity which directly or indirectly, owns or controls, or is owned or controlled by, or is under
common ownership or control with, any other person, corporation, limited liability company,
partnership, trust or other entity. As used herein the term "control" shall mean the power to, direct or
indirectly, directly or cause the direction or control of the management, operation, policies and/or
day to day activities of an entity, whether through the ownership of partnership or company interests
or voting securities, by contract, by appointment to a managerial position, or otherwise.
"Agency" means the Diamond Bar Redevelopment Agency, a public body, corporate and
politic, exercising governmental functions and powers and organized and existing under Chapter 2 of
the Community Redevelopment Law, and any assignee of or successor to its rights, powers and
responsibilities.
"Agency's Conditions Precedent" is defined in Section 205.1 hereof.
"Agreement" means this Disposition and Development Agreement by and between the
Agency and the Developer.
"Assignment Agreement" shall have the meaning attributed to such term in Section 201.1.
"CC&R's" means the Declaration of Conditions, Covenants and Restrictions attached hereto
as Attachment No. 6 and incorporated herein by reference.
639882.4\24168.0001 2
"Certificate of Projected Hard Costs" means the certificate executed by the Agency and the
Developer which sets forth the Projected Hard Costs.
"City" means the City of Diamond Bar, a California municipal corporation.
"Claimant" is defined in Section 501 hereof.
"Closing" is defined in Section 202.4 hereof.
"Closing Date" is defined in Section 202.4 hereof.
"Commencement Date" is defined in Section 407 hereof.
"Community Redevelopment Law" means California Health and Safety Code
Sections 33000, et seq. as the same now exists or may hereafter be amended.
"Construction Drawings" is defined in Section 302 hereof.
"Date of Agreement" means the date upon which this Agreement shall have been executed
by the Agency.
"Default" means the failure of a party to perform any action or covenant required by this
Agreement within the time periods provided herein following notice and opportunity to cure, as set
forth in Section 501 hereof.
"Default Notice" is defined in Section 501 hereof.
"Developer" means Diamond Bar Partners L.L.C., a Delaware limited liability company,
and any assignee or successor to the Developer permitted pursuant to the terms of this Agreement.
"Developer Costs" is defined in Section 614 hereof.
"Developer Improvements" means the improvements to be constructed by Developer, as
more particularly described herein and in the Scope of Development.
"Developer Loan" is defined in Section 201.1 hereof.
"Developer Loan Note" means the Developer Loan Note attached hereto as Attachment
No. 9 and incorporated herein by reference.
"Developer Request" is defined in Section 614 hereof.
"Environmental Law" means (i) Sections 25115, 25117, 25122.7 or 25140 of the California
Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii)
Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -
Presley -Tanner Hazardous Substance Account Act), (iii) Section 25501 of the California Health and
Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
Inventory), (iv) Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7
(Underground Storage of Hazardous Substances), (v) Article 9 or Article 11 of Title 22 of the
639882.4124168.0001 -3-
California Administrative Code, Division 4, Chapter 20, (vi) Section 311 of the Clean Water Act (33
U.S.C. Section 1317), (vii) Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
Sections 6901 et seq. (42 U.S.C. Section 6903) or (viii) Section 101 of the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 6901 et seq.
"Environmental Consultant" is defined in Section 206.2 hereof.
"Escrow" is defined in Section 202 hereof.
"Escrow Agent" is defined in Section 202 hereof.
"Exceptions" is defined in Section 203 hereof.
"Favorable Judgement" means a final non -appealable judgement in the Pending Litigation,
or a settlement agreement or dismissal, which upholds the validity of the Redevelopment Plan and
the right of the Agency to receive tax increment revenue in accordance with the provisions of the
Community Redevelopment Law.
"Governmental Requirement(s)" means all laws, ordinances, statutes, codes, rules,
regulations, orders and decrees of the United States, the State, the County of Los Angeles, the City or
any other political subdivision in which the Site is located, and of any other political subdivision,
agency or instrumentality exercising jurisdiction over the Agency, Developer, the Developer or the
Site.
"Grant Deed" means the Grant Deed for the conveyance of the Site from the Agency to
Developer which is attached hereto as Attachment No. 5 and incorporated herein by reference.
"Hard Costs" is defined in Section 201.3 hereof.
"Hazardous Materials" means any substance, material or waste which is or becomes, prior
to the Closing, regulated by any local governmental authority, the State of California or the United
States Government, including, but not limited to, any material or substance which is (i) defined as a
"hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under
Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and
Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a "hazardous
substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health
and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and
Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and
Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v)
petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or
defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
Administrative Code, Division 4, Chapter 20, (ix) designated as "hazardous substances" pursuant to
Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (x) defined as a "hazardous waste"
pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901
et seq. (42 U.S.C. Section 6903) or (xi) defined as "hazardous substances" pursuant to Section 101 of
639882.4\24168.0001 -4-
the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
Sections 6901, et seq.
the Site.
"Improvements" means the Developer Improvements.
"Lease" means the lease agreements entered into between the Developer and the Tenant for
"Lender" is defined in Section 312.2 hereof.
"Memorandum of Agreement" means the memorandum of Agreement attached hereto as
Attachment No. 8 and incorporated herein by reference.
"Minimum Project Value" is defined in Section 405 hereof.
"Mortgage" means a mortgage, deed of trust, sale-leaseback or similar transaction in
connection with the financing of the Developer Improvements.
"Notice" is defined in Section 601 hereof. As used herein, the term "Notice" includes a
Default Notice.
"Outside Date" is defined in Section 202.4 hereof.
"Owner" shall mean Diamond Bar Business Associates, a Delaware limited partnership, the
present owner of the Site.
"Owner Grant Deed" means the Grant Deed for the conveyance of the Site from the Owner
to the Agency.
"Pending Litigation" shall mean Barbara Beach-Courchesne, et al. v. All Persons, et al.,
(Case No. BC175655).
"Project" means and refers to both the Site, the Lease and the Developer Improvements to
be constructed thereon.
"Projected Hard Costs" means the projected amount of Hard Costs as set forth in a
Certificate of Projected Hard Costs.
"Redevelopment Plan" means the Redevelopment Plan for the Diamond Bar Economic
Revitalization Area (the 'Redevelopment Project") which was approved and adopted by the City
Council of the City of Diamond Bar on July 15, 1997, by Ordinance No. 03(1997).
"Redevelopment Project" means the Diamond Bar Economic Revitalization Area, adopted
by the City pursuant to the Redevelopment Plan.
"Redevelopment Project Area" means the property which is within the Redevelopment
Project.
639882.4\24168.0001 -5-
"Release of Construction Covenants" means the document which evidences Developer's
satisfactory completion of the Developer Improvements, as set forth in Section 311 hereof, in the
form of Attachment No. 7 hereto which is incorporated herein by reference.
"Report" is defined in Section 203 hereof.
"Revolving Redevelopment Fund" means the fund established by the City in accordance
with Health and Safety Code Section 33630.
"Schedule of Performance" means that certain Schedule of Performance attached hereto as
Attachment No. 3 and incorporated herein by reference, setting out the dates and/or time periods by
which certain obligations set forth in this Agreement must be accomplished. The Schedule of
Performance is subject to revision from time to time as mutually agreed upon in writing between the
Developer and the Agency's Executive Director, and the Agency's Executive Director is authorized
to make such revisions as he deems reasonably necessary.
"Scope of Development" means that certain Scope of Development attached hereto as
Attachment No. 4 and incorporated herein by reference, which describes the scope, amount and
quality of development of the Developer Improvements to be constructed by the Developer and the
Agency Improvements which are the responsibility of the Agency pursuant to the terms and
conditions of this Agreement.
"Separate Account" means the account established pursuant to Section 201.3 hereof.
"Site" means that certain real property which is approximately 15.537 gross acres and 6.91
net acres in size and which is commonly referred to as Lots 22 and 23 of the Gateway Corporate
Center, as depicted on the Site Map and more particularly described in the Site Legal Description.
"Site Legal Description" means the description of the Site which is attached hereto as
Attachment No. 2 and incorporated herein by reference.
"Site Map" means the map of the Site which is attached hereto as Attachment No. 1 and
incorporated herein by reference.
"State" means the State of California.
"Tenant" means The Allstate Insurance Company, an Illinois corporation or its Affiliate.
"Title Company" is defined in Section 203 hereof.
"Title Policy" is defined in Section 204 hereof.
639882.4\24168.0001 6
102. Representations and Warranties.
102.1 Agency's Representations. Agency hereby makes the representations and
warranties contained below in this Section 102.1. All of the representations and warranties set forth
in this Section 102.1 are effective as of the Date of this Agreement. All of the representations and
warranties set forth in this Section 102.1 are made with the acknowledgment that they are material,
and with the intention that Developer shall rely upon them as inducements to enter into this
Agreement and to perform its obligations hereunder. The representations and warranties contained
in this Section 102.1 shall each survive the execution of this Agreement without limitation as to
time.
(a) Authori . The Agency is a public body, corporate and politic,
existing pursuant to the Community Redevelopment Law, which has been authorized to transact
business pursuant to action of the City. The Agency has full right, power and lawful authority to
enter into this Agreement, to perform its obligations hereunder, to execute and deliver all documents
contemplated hereunder, and the execution, performance and delivery of this Agreement by the
Agency has been fully authorized by all requisite actions. All persons executing this Agreement and
other documents in connection with the Agreement on behalf of the Agency have full authority to do
so and no further approvals or consents are needed for the Agency to perform its obligations under
this Agreement.
(b) No Conflict. The Agency's execution, delivery and performance of its
obligations under this Agreement will not constitute a default or a breach under any contract,
agreement or order to which Agency is a party or by which it is bound and does not violate any
Governmental Regulations.
(c) No Agency Bankruptcy. The Agency is not the subject of a
bankruptcy proceeding.
(d) No Assessments. There are no pending or proposed assessment
districts or assessments affecting the Site.
(e) Deliveries. All documents, instruments and other information
delivered by the Agency to the Developer pursuant to this Agreement are true, correct and complete.
(f) No Actions, Etc. Except for the Pending Litigation as hereafter
provided, there are no actions, writs or proceedings pending or threatened which would have a
material adverse effect on the Site, or the Agency's ability to perform its obligations. Agency makes
no representation as to the possible outcome of the Pending Litigation.
All representations made herein are made subject to the results of the Pending
Litigation. Each of the foregoing items (a) to (f), inclusive shall be deemed to be an ongoing
representation and warranty. The Agency shall advise Developer in writing if there is any change
pertaining to any matters set forth or referenced in the foregoing items (a) to (f), inclusive.
Notwithstanding the preceding sentence, no change in any such matters shall relieve Agency from its
obligations or liabilities hereunder which result from a breach of any such representations or
warranties.
639882.4\24168.0001 -7-
102.2 Developer's Representations. Developer hereby makes the representations
and warranties contained below in this Section 102.2. All of the representations and warranties set
forth in this Section 102.2 are effective as of the Date of this Agreement. All of the representations
and warranties set forth in this Section 102.2 are made with the acknowledgment that they are
material, and with the intention that the Agency shall rely upon them as inducements to enter into
this Agreement and to perform its obligations hereunder and to close the transactions contemplated
herein. The representations and warranties contained in this Section 102.2 shall each survive the
execution of this Agreement without limitation as to time.
(a) Authority of Developer. Developer is a duly organized limited
liability company organized and in good standing under the laws of the State of Delaware and is
authorized to do business in California. Developer has full right, power and lawful authority to
undertake all obligations of Developer as provided herein and the execution, performance and
delivery of this Agreement by Developer has been fully authorized by all requisite actions on the part
of Developer. Developer has provided the Agency with true and correct copies of documentation
reasonably acceptable to the Agency's Executive Director, or his designee, designating the party
authorized to execute this Agreement on behalf of Developer.
(b) No Developer Conflict. Developer's execution, delivery and
performance of its obligations under this Agreement will not constitute a default or breach under any
contract, agreement or order to which Developer is a party or by which it is bound.
(c) No Developer Bankruptcy. Developer is not the subject of a
bankruptcy proceeding.
(d) Deliveries. To the extent of the actual knowledge of Developer, all
documents, instruments and other information delivered by the Developer to the Agency pursuant to
this Agreement are true, correct and complete.
Each of the foregoing items (a) to (d), inclusive, shall be deemed to be an
ongoing representation and warranty. The Developer shall advise the Agency in writing if there is
any change pertaining to any matters set forth or referenced in the foregoing items (a) to (d),
inclusive. Notwithstanding the preceding sentence, no change in any such matters shall relieve
Developer from its obligations or liabilities hereunder which result from a breach of any such
representations or warranties.
103. Transfers of Interest in Site or Agreement.
103.1 Prohibition. The qualifications and identity of Developer are of particular
concern to the Agency. It is because of those qualifications and identity that the Agency has entered
into this Agreement with Developer. For the period commencing upon the Date of this Agreement
and until the issuance of the Release of Construction Covenants or the earlier termination of this
Agreement, no voluntary or involuntary successor in interest of Developer shall acquire any rights or
powers under this Agreement, nor shall Developer make any total or partial sale, transfer,
conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Site or the
Developer Improvements thereon without prior written approval of Agency, except for the Lease and
as otherwise expressly set forth herein. Following the issuance of the Release of Construction
639882.4\24168.0001 -8-
Covenants, the Agency's approval of a transfer as contemplated under this Section 103.1 shall no
longer be required.
103.2 Permitted Transfers. Notwithstanding any other provision of this
Agreement to the contrary, Agency approval of an assignment of this Agreement or conveyance of
the Site or the Developer Improvements, or any part thereof, shall not be required in connection with
any of the following (each of which shall be a "Permitted Transfer"):
(a) The conveyance or dedication of any portion of the Site to the City or
other appropriate governmental agency, or the granting of easements or permits to facilitate
construction of the Developer Improvements (as defined herein).
(b) Any requested assignment for financing purposes (subject to such
financing being considered and approved by Agency pursuant to Section 312 herein), including the
grant of a deed of trust to secure the funds necessary for land acquisition, construction and
permanent financing of the Developer Improvements.
(c) The lease of any portion of the Site and Developer Improvements in
the ordinary course of business (including, but not limited to, the Lease).
(d) The conveyance of the Site or the Developer Improvements to any
Affiliate of Developer.
103.3 Agency Consideration of Requested Transfer. The Agency agrees that it
will not unreasonably withhold approval of a request made pursuant to Section 103.1, provided
Developer delivers written notice to the Agency requesting such approval. Such notice shall be
accompanied by sufficient evidence regarding the proposed assignee's or purchaser's development
and/or operational qualifications and experience, and its financial commitments and resources, in
sufficient detail to enable the Agency to evaluate the proposed assignee or purchaser pursuant to the
criteria set forth in Section 103 and as reasonably determined by the Agency. The Agency shall
evaluate each proposed transferee or assignee on the basis of its development and/or qualifications
and experience and its financial commitments and resources, and may reasonably disapprove any
proposed transferee or assignee, during the period for which Section 103 applies, which the Agency
determines does not possess equal or better qualifications than the transferring party. An assignment
and assumption agreement in a form reasonably satisfactory to Agency's legal counsel shall also be
required for all proposed assignments. Within thirty (30) days after the receipt of a written notice
requesting Agency approval of an assignment or transfer pursuant to Section 103, the Agency shall
either approve or disapprove such proposed assignment or shall respond in writing by stating what
further information, if any, Agency requires in order to determine the request complete and
determine whether or not to grant the requested approval. Upon receipt of such a response,
Developer shall promptly furnish to the Agency such further information as may be reasonably
requested.
103.4 Successors and Assigns. All of the terms, covenants and conditions of this
Agreement shall be binding upon Developer and its permitted successors and assigns. Whenever the
term "Developer" is used in this Agreement, such term shall include any other permitted successors
and assigns as herein provided.
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-9-
103.5 Assignment by Agency. Agency may assign or transfer any of its rights or
obligations under this Agreement to any other governmental agency at any time without the consent
of Developer provided that the assignee assumes all of Agency's obligations hereunder. Agency
agrees to give Developer notice of any such assignment promptly after the occurrence of such
assignment.
200. DISPOSITION OF SITE
201. Acquisition and Disposition of the Site. The Site shall be acquired by the Agency
and conveyed to the Developer in accordance with the terms of this section.
201.1 Acquisition by the Agency. The Developer agrees to designate the Agency
to take title pursuant to the AEW Contract and the Agency agrees to purchase the Site for Three
Million Seven Hundred Ninety -Seven Thousand Dollars ($3,797,000) in accordance with the terms
of the AEW Contract and the terms and conditions of this Agreement. Nothing in this Agreement
shall result in the assignment of Developer's or its Affiliate's rights under the AEW Contract. A fully
executed Assignment Agreement assigning Developer's interest in the AEW Contract to the Agency
(the "Assignment Agreement") shall be delivered to Escrow on or before the Closing Date.
201.2 Disposition of the Site to the Developer. The Agency hereby agrees to
grant, transfer and convey the Site to Developer and Developer agrees to acquire the Site from the
Agency for the all purchase price of Two Million Three Hundred Ninety -Seven Thousand
Dollars ($2,397,000) (the "Purchase Price"). Payment of the Purchase Price represents the agreed
upon reuse value of the Site, at the use and with the covenants, conditions precedent, conditions
subsequent and development costs authorized by and subject to the terms of this Agreement. A
portion of the Purchase Price shall be derived from the moneys deposited in escrow as the Purchase
Price for the Site pursuant to Section 201.2 hereof and the balance will be derived from the proceeds
of the Developer Loan as provided in Section 201.3 hereof. The Developer and the Agency intend
that the escrow for the acquisition of the Site from the Owner and the escrow for the disposition of
the Site to the Developer shall close simultaneously.
201.3 Developer Loan. In connection with the purchase of the Site, Developer
agrees to loan or cause to be loaned to the Agency an amount equal to One Million Four Hundred
Thousand Dollars ($1,400,000) (the "Developer Loan"). The proceeds of the Developer Loan shall
be deposited by the Developer on behalf of the Agency in escrow as payment of the purchase price
for the Site as provided in Section 201.1 and shall be repaid in accordance with terms of the
Developer Loan Note. Having received evidence satisfactory to the Agency that Developer has
entered into a lease with a term of not less than ten (10) years with Tenant, but subject to the terms
and conditions set forth in the lease, the Agency will pay to Developer on or prior to the date of
issuance of the grading permit for the parking structure or the first office building on the Site an
amount equal to $700,000 (the "First Installment"). The remainder of the Developer Loan (the
"Second Installment") shall be repaid in accordance with the terms and provisions of the Developer
Loan Note upon (i) receipt of a Favorable Judgement and (ii) the issuance of the Release of
Construction Covenants. Payments on the Developer Loan shall be made by the Agency within five
(5) days of satisfaction of the conditions precedent to such payment set forth above. The Agency
covenants that it has obtained the funds necessary to pay the Second Installment and that pending the
satisfaction of the conditions precedent to such payment set forth above, such funds shall be
639882.4\24168.0001 -1
deposited in a separate account of the Agency and shall not be applied for any other purpose. The
principal amount of the Developer Loan shall be adjusted downwards by an amount equal to the
"Adjustment Factor." For purposes of this paragraph, the Adjustment Factor shall be the percentage
difference between the amount which is ninety percent (90%) of Projected Hard Costs and actual
Hard Costs incurred by Developer in the construction of the Developer Improvements (but only to
the extent that actual Hard Costs are less than 90% of Projected Hard Costs). Any adjustment of the
Developer Loan as herein provided shall be deducted from the Second Installment. "Hard Costs"
shall include only the following expenses: all direct labor and construction material costs associated
with the contracts relating to preparation of the Site and development and construction of all
Improvements on the Site. This would include, but not be limited to, any remaining demolition and
grading for Site preparation, the installation of the foundation system for the structure, the
construction of the office buildings, including flooring, walls, stairwells, exterior facades, interior
facades, electrical work for common areas, required fire and life safety systems, heating, venting and
air conditioning systems for the common areas, light fixtures for the common areas, all required
plumbing fixtures for the common areas and installation of floor coverings for the common areas, all
as set forth in the Certificate of Projected Hard Costs. Any and all exterior site work for the
approved project site design plan shall include, but not be limited to, all walkways, concrete curbs,
paved walkways, parking areas, appropriately installed irrigation systems in all planted areas, all
code and design required exterior lighting, including any and all freestanding light standards, any and
all other items required as part of this Agreement, and any Governmental Regulation which shall
include the receipt of a certificate of occupancy for the entire structure and individual units. "Hard
Costs" shall include the costs of architect, engineering and design services related to the above items,
but shall not include development, permit and inspection fees imposed by public agencies; bond
premiums; marketing, advertising and promotions; legal fees and insurance. To the extent the
Certificate of Hard Costs is inconsistent with the above definition, the Certificate of Projected Hard
Costs shall control. No adjustment shall be made in the event that actual Hard Costs exceed ninety
percent (90%) of Projected Hard Costs.
202. Escrow. Within the time set forth in the Schedule of Performance the parties shall
open escrow (the "Escrow") with First American Title Insurance Company Escrow or another
escrow company mutually satisfactory to both parties (the "Escrow Agent").
202.1 Costs of Escrow. The Developer shall pay the premium for the Title Policy
as set forth in Section 204 hereof, the documentary transfer taxes, if any, due with respect to the
conveyance of the Site, and all other usual fees, charges, and costs which arise from the Escrow.
202.2 Escrow Instructions. This Agreement constitutes the joint escrow
instructions of Developer, the Agency, and the Escrow Agent to whom these instructions are
delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts
reasonably necessary to close the Escrow in the shortest possible time. Insurance policies for fire or
casualty are not to be transferred, and the Agency will cancel its own policies after the Closing. All
funds received in the Escrow shall be deposited with other escrow funds in a general escrow
account(s) and may be transferred to any other such escrow trust account in any State or National
Bank doing business in the State. All disbursements shall be made by check or wire transfer from
such account.
If in the opinion of any party it is necessary or convenient in order to accomplish the
Closing, such party may require that the parties sign supplemental escrow instructions; provided that
639882.4\24168.0001 -11-
if there is any inconsistency between this Agreement and the supplemental escrow instructions, then
the provisions of this Agreement shall control. The parties agree to execute such other and further
documents as may be reasonably necessary, helpful or appropriate to effectuate the provisions of this
Agreement. The Closing shall take place when both the Agency's Conditions Precedent and the
Developer's Conditions Precedent as set forth in Section 205 have been satisfied or waived. Escrow
Agent is instructed to release Agency's escrow closing and Developer's escrow closing statements to
the respective parties.
202.3 Authority of Escrow Agent. The Escrow Agent is authorized to, and shall:
(a) Pay and charge the Developer for the premium of the Title Policy as
set forth in Section 204 hereof.
(b) Pay and charge Developer any escrow fees, charges, and costs
payable under Section 202.1 of this Agreement.
(c) Disburse funds and deliver and record the Grant Deed and the
CC&R's when both Developer's Conditions Precedent and the Agency's Conditions Precedent have
been fulfilled or waived by Developer on the one hand, and the Agency on the other hand.
(d) Do such other actions as necessary, including obtaining the Title
Policy, to fulfill its obligations with respect to the Site under this Agreement.
(e) Within the discretion of the Escrow Agent and, if necessary, direct
the Agency and Developer to execute and deliver any instrument, affidavit, and statement, and to
perform any act reasonably necessary to comply with the provisions of FIRPTA and any similar state
act and regulation promulgated thereunder. Agency agrees to execute a Certificate of Non -Foreign
Status by individual transferor and/or a Certification of Compliance with Real Estate Reporting
Requirement of the 1986 Tax Reform Act as may be required by the Escrow Agent, on the form to
be supplied by the Escrow Agent.
(f) Prepare and file with all appropriate governmental or taxing
authorities a uniform settlement statement, closing statement, tax withholding forms including an
IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or
required by law.
202.4 Closing. The conveyance of the Site shall close (the "Closing") within ten
(10) days of the parties' satisfaction or waiver of all of the Agency's and the Developer's Conditions
Precedent as set forth in Section 205 hereof, and concurrent with the close of escrow under the AEW
Contract, but in no event later than March 25, 1999 (the "Outside Date"), unless an extension is
mutually agreed to by all parties. The "Closing" shall mean the time and day the Grant Deed is filed
for record with the Los Angeles County Recorder. The "Closing Date" shall mean the day on which
the Closing occurs.
202.5 Termination. If the Escrow is not in condition to close by the Outside Date,
then either Developer or Agency, if such party has fully performed under this Agreement may, in
writing, demand the return of money or property and terminate this Agreement. If either Developer
or the Agency makes a written demand for return of documents or properties, this Agreement shall
639882.4\24168.0001 -12-
not terminate until five (5) days after the Escrow Agent shall have delivered copies of such demand
to all other parties at the respective addresses shown in this Agreement. If any objections are raised
within said five (5) day period, the Escrow Agent is authorized to hold all papers and documents
until instructed by a court of competent jurisdiction or by mutual written instructions of the parties.
Termination of this Agreement shall be without prejudice as to whatever legal rights either party may
have against the other arising from this Agreement. If no demands are made, the Escrow Agent shall
proceed with the Closing as soon as possible.
follows:
202.6 Closing Procedure. The Escrow Agent shall close the Escrow for the Site as
(a) Record the Owner Grant Deed in accordance with the terms of the
Assignment Agreement with instructions for the Recorder of
Los Angeles County, California to deliver the Owner Grant Deed to
Developer and a conformed copy to Agency.
(b) Record the Grant Deed with instructions for the Recorder of Los
Angeles County, California to deliver the Grant Deed to Developer
and a conformed copy to Agency;
(c) Record the CC&Rs with instructions for the Recorder of Los Angeles
County, California to deliver the CC&Rs to the Agency;
(d) Instruct the Title Company to deliver the Title Policy to the
Developer;
(e) File any informational reports required by Internal Revenue Code
Section 6045(e), as amended, and any other applicable requirements;
(f) Deliver the FIRPTA Certificate, if any, to Developer;
(g) Forward to Developer and the Agency a separate accounting of all
funds received and disbursed for each party and copies of all executed
and recorded or filed documents deposited into the Escrow, with such
recording and filing date and information endorsed thereon; and
(h) Record documents requested by Developer subsequent to the
recordation of the Grant Deed and the CC&R's and provide
conformed copies thereof to Developer and the Agency.
203. Review of Title. First American Title Insurance Company (the "Title Company"),
has delivered to the Developer the preliminary title report (the "Report") with respect to the title to
the Site, together with legible copies of the documents underlying the exceptions ("Exceptions") set
forth in the Report and a plat showing all easements. Developer and Agency agree and acknowledge
that at the Close of Escrow, title for the Site shall be as shown in the proforma title report attached
hereto as Attachment No. 11, and in the surveys prepared by Thienes Engineering and dated
February 17, 1999 (collectively the "Proformas"). The Agency agrees that Developer may extend the
closing beyond the Outside Date if new title matters arise, provided such extension is permitted
639882.4\24168.0001 -13-
under the AEW Contract. The Developer shall have the right to approve or disapprove any
Exceptions reported by the Title Company other than those shown in the Proformas (which are not
created by Developer). The Agency shall not voluntarily create any new exceptions to title following
the Effective Date of this Agreement. Nothing herein shall obligate the Agency to expend any of its
own moneys to remove any Exception.
204. Title Insurance. Concurrently with recordation of the Grant Deed conveying title to
the Site to Developer, there shall be issued to Developer an ALTA owner's policy of title insurance
(the "Title Policy"), together with such endorsements as are reasonably requested by Developer,
issued by the Title Company insuring that the title to the Site is vested in Developer in the condition
required by Section 203 of this Agreement. The Title Company shall provide the Agency with a
copy of the Title Policy. The Title Policy shall be for the amount of the Purchase Price. The
premium for the Title Policy including the cost of an ALTA policy or any endorsements requested by
Developer shall be paid in accordance with the AEW Contract; provided that the Agency shall not be
responsible for the payment of any part of such premiums.
205. Conditions of Closing. The Closing is conditioned upon the satisfaction of the
following terms and conditions within the times designated below:
205.1 Agency's Conditions of Closing. Agency's obligation to proceed with the
Closing of the conveyance of the Site is subject to the fulfillment or waiver by the Agency in writing
of each and all of the conditions precedent (a) through (e), inclusive, described below ("Agency's
Conditions Precedent"), which are solely for the benefit of the Agency, and which shall be fulfilled
or waived in writing by the Agency by the time periods provided for herein:
(a) No De ault. Prior to the Close of Escrow, Developer shall have
performed and complied in all material respects with its obligations under the terms of this
Agreement to be performed or complied with prior to or at Closing and all representations and
warranties of Developer contained herein shall be true and correct in all material respects.
(b) Execution and Delivery of Documents and Funding of Developer
Loan. Developer shall have executed and delivered the CC&R's and any other document to which it
is a party and shall have delivered the proceeds of the Developer Loan to the Escrow Agent.
(c) Payment of Closing Costs. Developer has paid or submitted to
Escrow all costs of Closing which are Developer's obligation in accordance with Section 202.1
hereof.
(d) Proof of Financing. Developer shall have provided the evidence of
financing to the Agency in accordance with Section 312.1 hereof and the Agency's Executive
Director or his designee has approved such proof of financing.
(e) Articles of Organization. Developer shall have submitted to the
Agency its articles of organization and such other organizational documents reasonably requested by
the Agency.
205.2 Developer's Conditions of Closing. Developer's obligation to proceed with
the Closing is subject to the fulfillment or waiver by Developer in writing of each and all of the
639882.4\24168.0001 -14-
conditions precedent (a) through (f), inclusive, described below ("Developer's Conditions
Precedent"), which are solely for the benefit Developer, and which shall be fulfilled or waived in
writing by Developer by the time periods provided for herein:
(a) No De ault. The Agency shall have performed and complied in all
material respects with its obligations under the terms of this Agreement to be performed or complied
with prior to or at Closing and all representations and warranties of the Agency contained herein
shall be true and correct and not misleading in all material respects as of the Closing Date as if
originally made on such date.
(b) Execution and Delivery of Documents. The Agency shall have
executed and delivered the Grant Deed, CC&R's and the Developer Loan Note and any other
document to which it is a party or which is necessary to consummate the transaction contemplated by
this Agreement.
(c) Review and Approval of Title. Developer shall have reviewed and
approved the Report, as provided in Section 203 hereof.
(d) Title Policy. The Title Company shall be prepared to issue the Title
Policy to Developer in the form required under Section 204 of this Agreement.
(e) Development Approvals. Developer shall have obtained all
"Architectural Committee" approvals and "Development Approvals" as set forth in the agreement
between Developer and Owner.
(f) AEW Contract. All conditions to the close of escrow as set forth in
the AEW Contract shall have been satisfied or otherwise waived and the Escrow Agent is
unconditionally committed to record the Owner Grant Deed..
206. Condition of the Site.
206.1 As -Is Condition. Notwithstanding any provisions of this Agreement to the
contrary, the Site shall be conveyed in an "as is" condition, with no warranty, express or implied by
the Agency, as to the condition of improvements on the Site, the soil, its geology, the presence of
known or unknown faults or Hazardous Materials or toxic substances. It shall be the sole
responsibility of Developer at its expense to investigate and determine the soil and improvement
conditions for the development to be constructed. If the soil environmental condition is not in all
respects entirely suitable for the use or uses to which the Site will be put, then, the Developer may
terminate this Agreement or may take such action as may be necessary to place the soil conditions of
the Site in a condition entirely suitable for its development.
206.2 Investigation of Site. Developer, with the approval of the Owner, shall have
the right, at its sole cost and expense, to engage its own environmental consultant (the
"Environmental Consultant") to make such investigations as Developer deems necessary, including
any "Phase 2" investigations of the Site. The Developer shall provide the Agency with a copy of any
and all studies and reports provided to Developer by the Environmental Consultant, or such other
consultant engaged by Developer.
639882.4\24168.0001 -15-
206.3 Developer Precautions After Closing. Upon the Closing, Developer shall
comply with all Governmental Requirements with respect to Hazardous Materials.
206.4 Required Disclosures After Closing. After the Closing, the Developer shall
notify the Agency, and provide to the Agency a copy or copies, of all notices of violation, notices to
comply, citations, inquiries, clean up or abatement orders,cease and desist orders, reports filed
pursuant to self -reporting requirements and reports filed or applications made pursuant tt any
Governmental Requirement relating to Hazardous Materials and underground tanks. The Developer
shall report to the Agency, as soon as possible after each incident, any known Hazardous Materials
release or known circumstances which would potentially lead to such a release.
206.5 Developer Indemnity - Hazardous Materials. Upon the Closing, the
Developer agrees to indemnify, defend and hold the Agency and the City, and their respective
officers, employees, agents, representatives and volunteers, harmless from and against any claim,
action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon
(i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials
on, under, in or about, the Site, by the Developer or its successors or assigns arising or occurring
after the Closing Date or the transportation of any such Hazardous Materials to or from, the Site, by
the Developer or its successors or assigns arising or occurring after the Closing Date or (ii) the
violation, or alleged violation, by the Developer or its successors or assigns of any statute, ordinance,
order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge,
storage, disposal or transportation of Hazardous Materials by Developer on, under, in or about, to or
from, the Site arising or occurring after the Closing Date. This indemnity shall include, without
limitation, any damage, liability, fine, penalty, after closing cost or expense arising from or out of
any claim, action, suit or proceeding for personal injury (including sickness, disease or death),
tangible or intangible property damage, compensation for lost wages, business income, profits or
other economic loss, damage to the natural resource or the environment, nuisance, contamination,
leak, spill, release or other adverse effect on theenvironment. This indemnity shall not include the
portion of any Claim resulting from, arising out of, or based upon the acts or omissions of the
Agency or the City or the Owner, or any of their respective officers, employees or agents.
207. Taxes and Assessments. Ad valorem taxes and assessments, if any, on the Site
levied, assessed, or imposed for any period prior to the Closing, shall be borne by the Owner. All
such ad valorem taxes and assessments levied or imposed for any period after the Closing shall be
paid by Developer.
300. DEVELOPMENT OF THE SITE
301. Scope of Development. The Developer shall use commercially reasonable
efforts to develop the Developer Improvements upon the Site in accordance with the Scope of
Development and all entitlements and approvals for the Site including, without limitation, the
Redevelopment Plan and within the time periods set forth in the Schedule of Performance subject to
the provisions of Section 602 and the plans, drawings and documents submitted by Developer and
approved by City as set forth herein. The Developer Improvements shall generally consist of a two-
story office building and a three-story office building with a combined total of approximately
124,000 net rentable square feet, and a parking structure with approximately 400 spaces as more
639882.4\24168.0001
-16-
fully described in the Scope of Development. Within the time frame set forth in the Schedule of
Performance, Developer shall submit to the City for review and approval, schematic building
elevations ("Building Elevations") which shall depict the exterior appearance of the buildings to be
constructed on the Site.
302. Construction Drawings and Related Documents. Within the time set forth in the
Schedule of Performance, the Developer shall prepare and submit to the City, construction drawings,
landscape plans, and related documents required for the development of the Site (the "Construction
Drawings"). The City shall have the right to review and approve all Construction Drawings,
including proposed changes therein. The Agency shall utilize reasonable efforts in an attempt to
coordinate with the City to cause the reviews and approvals required in connection with the
Developer Improvements to occur in as expeditious a manner as possible.
303. Land Use Approvals. Except as otherwise expressly set forth herein, prior to
commencement of construction of the Developer Improvements or other works of improvement
upon the Site, Developer shall, at its own expense, secure any and all land use and other
entitlements, and approvals which may be required for the Developer Improvements by the City
and/or any other governmental agency affected by such construction or work. Developer shall, on
behalf of Developer without limitation, apply for and secure all permits required by the City, County
of Los Angeles and other governmental agencies with jurisdiction over the Developer
Improvements..
304. Schedule of Performance. Developer shall submit the Construction Drawings,
commence and use commercially reasonable efforts to complete all construction of the Developer
Improvements, and satisfy all other obligations and conditions of this Agreement which are the
obligation of Developer within the times established therefor in the Schedule of Performance. The
Schedule of Performance is subject to revision from time -to -time as mutually agreed upon in writing
by the Developer and the Agency's Executive Director and Agency's Executive Director is
authorized to make such revisions as he deems reasonably necessary.
305. Cost of Construction. All of the cost of planning, designing, developing and
constructing all of the Developer Improvements, shall be borne solely by Developer.
306. Payment of Fees by Developer. Developer shall pay, or otherwise cause to be
satisfied, any City development impact fees payable in connection with the Developer
Improvements.
307. Insurance Requirements. The Developer shall take out and maintain or shall cause
its contractor to take out and maintain until the issuance of the Release of Construction Covenants
pursuant to Section 311 of this Agreement, a comprehensive general liability policy in the amount of
Two Million Dollars ($2,000,000.00) combined single limit policy, and a comprehensive automobile
liability policy in the amount of Two Million Dollars ($2,000,000.00), combined single limit, or such
other policy limits as the Agency may approve at its reasonable discretion, including contractual
liability, as shall protect Developer, the City and the Agency from claims for such damages. Such
policy or policies shall be written on an occurrence form. The Developer shall also furnish or cause
to be furnished to the Agency evidence satisfactory to the Agency that the Developer and any
contractor with whom it has contracted for the performance of work on the Site or otherwise
pursuant to this Agreement carries workers' compensation insurance as required by law. The
639882.4\24168.0001 -17-
Developer shall furnish a certificate of insurance countersigned by an authorized agent of the
insurance carrier setting forth the general provisions of the insurance coverage. This countersigned
certificate shall name Developer, the City and the Agency and their respective officers, agents, and
employees as additionally insured parties under the policy, and the certificate shall be accompanied
by a duly executed endorsement evidencing such additional insured status. The certificate and
endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier
to notify the City and the Agency of any material change, cancellation or termination of the coverage
at least thirty (30) days (or such shorter period as approved by the Executive Director) in advance of
the effective date of any such material change, cancellation or termination. Coverage provided
hereunder by the Developer shall be primary insurance and not be contributing with any insurance
maintained by the Agency or the City, and the policy shall contain such an endorsement. The
insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of the City
and the Agency. The required certificate shall be furnished by the Developer prior to the
commencement of construction of the Developer Improvements.
308. Developer's Indemnity. The Developer shall defend, indemnify, assume all
responsibility for, and hold the Agency and the City, and their representatives, officers, employees
and agents, harmless from, all claims, demands, damages, defense costs or liability of any kind or
nature (including reasonable attorneys' fees and costs) relating to the construction of the Developer
Improvements, which are legally caused by any negligent or willful acts or omissions of the
Developer under this Agreement, whether such activities or performance thereof be by the Developer
or by anyone directly or indirectly employed or contracted with by the Developer and whether such
damage shall accrue or be discovered before or after termination of this Agreement. This indemnity
shall not include the portion of any claim resulting (i) from, arising out of, or based upon the
negligent or intentional acts or omissions of the Agency or City, or any of their respective officers,
employees or agents or (ii) from or arising out of the Pending Litigation.
309. Rights of Access. Representatives of the Agency shall have the right of access to the
Site, without charges or fees, at normal construction hours during the period of construction for the
purposes of this Agreement, including but not limited to, the inspection of the work being performed
in constructing the Developer Improvements so long as Agency representatives comply with all
safety rules and do not unreasonably interfere with the work of Developer. The Agency agrees to
indemnify and hold the Developer harmless from all claims, demands, damages, defense costs or
liability of any kind or nature relating to the access to the Site as provided in this Section which are
legally caused by any negligent or willful acts or omissions of the Agency.
310. Compliance With Laws. The Developer shall carry out the design and construction
of the Developer Improvements in material conformity with all applicable laws, including all
applicable state labor standards, the City zoning and development standards, building, plumbing,
mechanical and electrical codes, and all other provisions of the City's Municipal Code, and all
applicable disabled and handicapped access requirements, including without limitation the
Americans With Disabilities Act, 42 U.S.C. Sections 12101, et seq., California Government Code
Sections 4450, et seq., California Government Code Sections 11135, et seq., and the Unruh Civil
Rights Act, California Civil Code Sections 51, et seq.
310.1 Nondiscrimination in Employment. The Developer certifies and agrees
that all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding
companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without
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regard to, or because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth
or related medical condition, medical condition (cancer related) or physical or mental disability, and
in compliance with Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000, et seq., the
Federal Equal Pay Act of 1963, 29 U.S.C. Section 206(d), the Age Discrimination in Employment
Act of 1967, 29 U.S.C. Sections 621, et seq., the Immigration Reform and Control Act of 1986, 8
U.S.C. Sections 1324b, et seq., 42 U.S.C. Section 1981, the California Fair Employment and
Housing Act, California Government Code Sections 12900, et seq., the California Equal Pay Law,
California Labor Code Sections 1197.5, California Government Code Section 11135, the Americans
with Disabilities Act, 42 U.S.C. Sections 12101, et seq., and all other anti -discrimination laws and
regulations of the United States and the State of California as they now exist or may hereafter be
amended. Upon at least forty-eight (48) hours notice, the Developer shall allow representatives of
the Agency access to its employment records related to this Agreement during regular business hours
at Developer's principal office in Irvine, California to verify compliance with these provisions when
so requested by the Agency. Except as otherwise required by law, the Agency agrees not to disclose
any information obtained pursuant to this Section.
310.2 Taxes and Assessments. Following the Closing, Developer shall pay prior
to delinquency all ad valorem real estate taxes and assessments on the Site. Developer shall remove
or have removed any levy or attachment made on any of the Site, or any part thereof, or assure the
satisfaction thereof within a reasonable time.
311. Release of Construction Covenants. Promptly after completion of the Developer
Improvements in conformity with this Agreement (which shall be evidenced by the issuance of a
temporary or permanent certificate of occupancy for the building shell and completion of all of the
on-site improvements required by discretionary permits) and written request of the Developer, the
Agency shall furnish the Developer with a Release of Construction Covenants in the form of
Attachment No. 7 hereto. The Agency shall not unreasonably withhold or delay such Release of
Construction Covenants. The Release of Construction Covenants shall be a conclusive
determination of satisfactory completion of the Developer Improvements and the Release of
Construction Covenants shall so state. Any party then owning or thereafter purchasing, leasing or
otherwise acquiring any interest in the Site shall not (because of such ownership, purchase, lease or
acquisition) incur any obligation or liability under this Agreement except for those continuing
covenants set forth in the Declaration of Covenants, Conditions and Restrictions. If the Agency
refuses or fails to furnish the Release of Construction Covenants for the Site after written request
from the Developer, the Agency shall, within thirty (30) working days of such written request,
provide Developer with a written statement setting forth the reasons the Agency has refused or failed
to furnish the Release of Construction Covenants for the Site. The statement shall also contain a list
of the actions the Developer must take to obtain a Release of Construction Covenants.
Such Release of Construction Covenants shall not constitute evidence of compliance with or
satisfaction of any obligation of the Developer to any holder of any mortgage, or any insurer of a
mortgage securing money loaned to finance the improvements, or any part thereof. Such Release of
Construction Covenants is not a notice of completion as referred to in the California Civil Code,
Section 3093.
639882.4\24168.0001 -19-
312. Financing of the Developer Improvements.
312.1 Approval of Financing. Prior to the Close of Escrow, Developer has
submitted evidence to the Agency that Developer has a commitment for the construction financing
necessary to undertake the development of the Site and the construction of the Developer
Improvements in accordance with this Agreement. The Agency shall not unreasonably withhold its
approval of the Developer's evidence of financing.
312.2 No Encumbrances Except Mortgages, Deeds of Trust, or Sale and
Lease -Back for Development. The Agency agrees that Developer may enter into any conveyance
for financing provided such conveyance for financing is given to a responsible financial lending
institution or person or entity including, without limitation, any Affiliate of Developer ("Lender").
Developer may enter into a conveyance for financing after the completion of the Developer
Improvements as evidenced by the issuance of the Release of Construction Covenants as set forth in
Section 310 hereof without the approval of the Agency. Nothing herein shall affect any Permitted
Transfer in accordance with Section 103.2.
312.3 Holder Not Obligated to Construct Improvements. The holder of any
Mortgage authorized by this Agreement shall not be obligated by the provisions of this Agreement to
construct or complete the Developer Improvements or any portion thereof, or to guarantee such
construction or completion; nor shall any covenant or any other provision in this Agreement be
construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit
or authorize any such holder to devote the Site to any uses or to construct any improvements thereon,
other than those uses or improvements provided for or authorized by this Agreement.
312.4 Notice of Default to Mortgagee or Deed of Trust Holders; Right to Cure.
With respect to any Mortgage as provided herein, whenever the Agency delivers any Default Notice
or demand to the Developer with respect to any breach or default by the Developer in completion of
construction of the Developer's Improvements, the Agency shall deliver to each holder of record of
any Mortgage authorized by this Agreement a copy of such notice or demand if and after the
Developer fails to cure the Default within the time set forth in Section 501 hereof. Each such holder
shall (insofar as the rights granted by the Agency are concerned) have the right, at its option, if given
within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or
remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add
the cost thereof to the Mortgage debt and the lien of its mortgage. Nothing contained in this
Agreement shall be deemed to permit or authorize such holder to undertake or continue the
construction or completion of the Developer Improvements, or any portion thereof (beyond the
extent necessary to conserve or protect the improvements or construction already made) without first
having expressly assumed the Developer's obligations to the Agency by written agreement
reasonably satisfactory to the Agency. The holder, in that event, must agree to complete, in the
manner provided in this Agreement, the improvements to which the lien or title of Developer or such
holder relates. Any such holder properly completing such improvements shall be entitled, upon
compliance with the requirements of Section 311 of this Agreement, to a Release of Construction
Covenants. It is understood that a holder shall be deemed to have satisfied the sixty (60) day time
limit set forth above for commencing to cure or remedy a Developer default which requires title
and/or possession of the Site (or portion thereof) if and to the extent any such holder has within such
sixty (60) day period commenced proceedings to obtain title and/or possession and thereafter the
holder diligently pursues such proceedings to completion and cures or remedies the default.
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312.5 Failure of Holder to Complete Improvements. In any case where, sixty
(60) days after the holder of any Mortgage creating a lien or encumbrance upon the Site or any part
thereof receives a notice from the Agency of a default by the Developer in completion of
construction of any of the Developer's Improvements under this Agreement, and such party has not
exercised the option to construct as set forth in Section 312.4, or if it has exercised the option but has
defaulted hereunder and failed to timely cure such default, the Agency may purchase the Mortgage
by payment to the holder of the amount of the unpaid Mortgage debt, including principal and interest
and all other sums secured by the Mortgage. If the ownership of the Site or any part thereof has
vested in the holder, the Agency, if it so desires, shall be entitled to a conveyance from the holder to
the Agency upon payment to the holder of an amount equal to the sum of the following:
(a) The unpaid Mortgage debt at the time title became vested in the
holder (less all appropriate credits, including those resulting from collection and application of
rentals and other income received during foreclosure proceedings);
(b) All expenses with respect to foreclosure including reasonable
attorneys'fees;
(c) The net expense, if any (exclusive of general overhead), incurred by
the holder as a direct result of the subsequent management of the Site or part thereof,
(d) The costs of any improvements made by such holder;
(e) An amount equivalent to the interest that would have accrued on the
aggregate of such amounts had all such amounts become part of the Mortgage debt and such debt
had continued in existence to the date of payment by the Agency; and
(f) Any customary prepayment charges imposed by the lender pursuant
to its loan documents and agreed to by the Developer.
312.6 Right of the Agency to Cure Mortgage or Deed of Trust Default. In the
event of a Mortgage default or breach by the Developer prior to the completion of the construction of
any of the Developer Improvements or any part thereof, Developer shall immediately deliver to
Agency a copy of any holder's notice of default. If the holder of any Mortgage has not exercised its
option to construct, the Agency shall have the right but no obligation to cure the default if Developer
has not cured the default within ten (10) business days of receipt of written notice from the Agency
that it intends to cure the default. In such event, the Agency shall be entitled to reimbursement from
the Developer of all proper costs and expenses incurred by the Agency in curing such default. The
Agency shall also be entitled to a lien upon the Site to the extent of such costs and disbursements so
long as such lien is not prohibited by or does not result in an acceleration under the loan documents.
Any such lien shall be junior and subordinate to any Mortgages pursuant to this Section 312.
639882.4\24168.0001 -21-
400. COVENANTS AND RESTRICTIONS
401. Covenant to Use Site In Accordance with Redevelopment Plan. Developer
covenants and agrees for itself and its successors, assigns, and every successor in interest to the Site
or any part thereof that Developer, and such successors and assignees, shall devote the Site only to
those uses specified or permitted in the Redevelopment Plan and this Agreement for the periods of
time specified therein. In the event that the Agency does not receive a Favorable Judgment,
references to the Redevelopment Plan shall be deemed deleted.
402. Operating Covenant. Developer covenants and agrees for itself, its successors and
assigns and any successor in interest to the Site or any part thereof that the Site shall be used,
operated, and occupied solely as an office building complex and uses incidential thereto, a majority
of which will be leased to Tenant for a period of not less than ten (10) years commencing upon the
date provided for in, and subject to the terms and conditions of the Lease between Developer and
Tenant.
403. Maintenance Covenants. Developer covenants and agrees for itself, its successors
and assigns and any successor in interest to the Site or part thereof to maintain the Site and all
improvements thereon in compliance with the terms of the Redevelopment Plan and with all
applicable provisions of the City of Diamond Bar Municipal Code.
404. Nondiscrimination Covenant. Developer covenants and agrees for itself and its
successors, assigns, and every successor in interest to the Site or any part thereof that there shall be
no discrimination against or segregation of any person or group of persons on account of race, color,
creed, religion, sex, marital status, physical or mental disability or medical condition, handicap,
national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment
of the Site, nor shall Developer, or any person claiming under or through it establish or permit any
such practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The
foregoing covenant shall run with the land.
Developer shall refrain from restricting the rental, sale or lease of the Site on the
basis of race, color, creed, religion, sex, marital status, physical or mental disability or medical
condition, handicap, national origin or ancestry of any person. All such deeds, leases or contracts
shall contain or be subject to substantially the following nondiscrimination or nonsegregation
clauses:
(a) In deeds: "The grantee herein covenants by and for himself or
herself, his heirs, executors, administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or group of persons
on account of race, color, creed, religion, sex, marital status, physical or mental disability or medical
condition, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any
person claiming under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing
covenants shall run with the land."
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(b) In leases: "The lessee herein covenants by and for himself or herself,
his heirs, executors, administrators and assigns, and all persons claiming under or through him or
her, and this lease is made and accepted upon and subject to the following conditions:
"There shall be no discrimination against or segregation of any person
or group of persons on account of race, color, creed, religion, sex,
marital status, physical or mental disability or medical condition,
handicap, ancestry or national origin in the leasing, subleasing,
transferring, use, occupancy, tenure or enjoyment of the premises
herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants,
lessees, sublessees, subtenants or vendees in the premises herein
leased."
(c) In contracts relating to the sale, transfer or leasing of the Site or any
interest therein: "There shall be no discrimination against or segregation of, any person, or group of
persons on account of race, color, creed, religion, sex, marital status, physical or mental disability or
medical condition, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any
person claiming under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees of the premises."
The covenants established in this Agreement shall, without regard to
technical classification and designation, be binding for the benefit and in favor of the Agency, its
successors and assigns, the City and any successor in interest to the Site, together with any property
acquired by Developer pursuant to this Agreement, or any part thereof.
405. Minimum Project Value Covenant. Developer covenants and agrees for itself, its
successors, assigns and every successor and interest to the Site or any part thereof, that the minimum
assessed value of the Developer Improvements, the Site, and such other property which is assessed
for purposes of the secured or unsecured roll to be installed, placed or constructed on the Site upon
completion of such installation and construction shall not be less than Twenty -Six Million Dollars
($26,000,000) (the "Minimum Project Value"). Should the assessed valuation fall below the
Minimum Project Value in any year, Developer shall pay directly to the Agency/City the difference
between the Minimum Project Value and the current year assessed value multiplied by eighty
percent (80%) of the one percent 0%) basic tax levy. Payment by the Developer shall be made
annually on or prior to December 10 to the Agency.
406. Minimum Assessed Valuation. Developer covenants and agrees by and for itself,
its successors, assigns and every successor in interest to the Site or any part thereof, that Developer
shall not knowingly take action (or permit Developer to take action) to decrease the assessed value
(including the value of the Developer Improvements) of the Site for property tax purposes below the
Minimum Project Value.
639882.4\24168.0001
-23-
407. Commencement of Operation. Subject to the extensions of time set forth in
Section 602 hereof, the Developer covenants and agrees by and for itself, its successors and assigns
and every successor in interest to the Site or any part thereof, to use its best and commercially
reasonable efforts to cause the Project to be open and operational on the Site on or before March 1,
2000 (the "Commencement Date").
408. Resolution of Pending Litigation. The Agency shall use its best efforts to pursue to
completion and successfully resolve the Pending Litigation.
409. Preference in Hiring Diamond Bar Residents. The Developer covenants and
agrees to include in any lease of the Project, or any part thereof, a provision which requires the
tenant to give a preference in hiring to residents of the City.
410. Effect of Violation of the Terms and Provisions of this Agreement. The Agency
is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants
running with the land, for and in its own right and for the purposes of protecting the interests of the
community and other parties, public or private, in whose favor and for whose benefit this Agreement
and the covenants running with the land have been provided, without regard to whether the Agency
has been, remains or is an owner of any land or interest therein in the Site. Subject to the terms of
this Agreement, the Agency shall have the right, if the Agreement or covenants are breached, to
exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of
this Agreement and covenants may be entitled. The covenants contained in this Agreement shall
remain in effect for the term of the Redevelopment Plan that is until July 15, 2027; provided
however, that notwithstanding the foregoing, the use covenant set forth in Section 402 hereof shall
remain in effect for the period of time set forth therein and the covenants against discrimination, as
set forth in Section 404 hereof, shall remain in effect in perpetuity.
500. DEFAULTS AND REMEDIES
501. Default Remedies. Subject to the extensions of time set forth in Section 602 of this
Agreement, failure by either party to perform any action or covenant required by this Agreement
within the time periods provided herein following notice and failure to cure as described hereafter,
constitutes a "Default" under this Agreement. A party claiming a Default (the "Claimant") shall give
written notice to the other party specifying the alleged grounds for the Default (the 'Default
Notice"). Except for action or covenants required to be performed prior to the Close of Escrow
which must be cured within five (5) days of receipt of notice and except as otherwise expressly
provided in this Agreement, the Claimant shall not institute any proceeding against any other party
and the other party shall not be in Default if such party within thirty (30) days from receipt of the
notice required by this Section 501 immediately, with due diligence, commences to cure, correct or
remedy such failure or delay and shall complete such cure, correction or remedy with diligence.
502. Institution of Legal Actions. In addition to any other rights or remedies and subject
to the restrictions otherwise set forth in this Agreement, any party may institute an action at law or
equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any
Default, to recover damages for any Default, or to obtain any other remedy consistent with the
purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County
639882.4\24168.0001 -24-
of Los Angeles, State of California, in an appropriate municipal court in that county, or in the United
States District Court for the Central District of California.
503. Termination by Developer. Without limiting Developer's right to terminate this
Agreement as otherwise provided herein, prior to the Closing, in the event of any other Default of the
Agency, which is not cured within the time set forth in Section 501 hereof, and provided that
Developer is not in Default of this Agreement, this Agreement may, at the option of Developer, be
terminated by Notice thereof to the Agency. From the date of the Notice of termination of this
Agreement by Developer to the Agency and thereafter this Agreement shall be deemed terminated
and there shall be no further rights or obligations between the parties.
504. Termination by Agency. Without limiting Agency's right to terminate this
Agreement as otherwise provided herein, prior to the Closing, in the event of any other Default of
Developer, which is not cured within the time set forth in Section 501 hereof, and provided that the
Agency is not in Default of this Agreement, this Agreement may, at the option of the Agency, be
terminated by Notice thereof to Developer. From the date of the Notice of termination of this
Agreement by the Agency to Developer and thereafter this Agreement shall be deemed terminated
and there shall be no further rights or obligations between the parties.
505. Acceptance of Service of Process. In the event that any legal action is commenced
by Developer against the Agency, service of process on the Agency shall be made by personal
service upon the Executive Director of the Agency or in such other manner as may be provided by
law. In the event that any legal action is commenced by the Agency against Developer, service of
process on Developer shall be made in such manner as may be provided by law.
506. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this
Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of
one or more of such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default by the other party.
507. Inaction Not a Waiver of Default. Any failures or delays by either party in
asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default
or of any such rights or remedies, or deprive either such party of its right to institute and maintain
any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights
or remedies.
508. Applicable Law. The laws of the State shall govern the interpretation and
enforcement of this Agreement.
600. GENERAL PROVISIONS
601. Notices, Demands and Communications Between the Parties. Any approval,
disapproval, demand, document or other notice ("Notice") required or permitted under this
Agreement must be in writing and shall be sufficiently given if delivered by hand (and a receipt
therefor is obtained or is refused to be given) or dispatched by registered or certified mail, postage
prepaid, return receipt requested, or delivered by telecopy or overnight delivery service to:
639882.4\24168.0001 _25_
To Agency: Diamond Bar Redevelopment Agency
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
Attention: Executive Director
Fax: 909/861-3117
To Developer: Diamond Bar Partners, L.L.C.
C/O Opus West Corporation
2030 Main Street, Suite 520
Irvine, CA 92614
Attention: Paul Marshall
Fax: 949/622-1951
With a copy to: Opus West Corporation
2415 East Camelback Road, Suite 800
Phoenix, AZ 85016-4201
Attention: Thomas W. Roberts, President
Telephone No. 602/468-7000
Fax: 602/468-7045
With a copy to: Luce, Forward, Hamilton & Scripps LLP
600 West Broadway, Suite 2600
San Diego, CA 92101
Attention: Nancy T. Scull, Esq.
Fax: 619/232-8311
Except for notice dispatched by registered or certified mail which shall be deemed received
five (5) days after the date it is deposited with the U.S. Postal Service and notice sent by overnight
delivery service shall be deemed received on the next day, all notices shall be deemed received on
the date given. Such written notices, demands and communications may be sent in the same manner
to such other addresses as either party may from time to time designate by mail as provided in this
Section 601.
602. Enforced Delay; Extension of Times of Performance. In addition to specific
provisions of this Agreement, performance by either party hereunder shall not be deemed to be in
Default, and all performance and other dates specified in this Agreement shall be extended, where
delays or Defaults are due to: litigation challenging the validity of this transaction or any element
thereof or the right of either party to engage in the acts and transactions contemplated by this
Agreement; inability to secure necessary labor materials or tools; or withdrawal of financing not
caused by any act or omission of Developer; war; insurrection; strikes; lockouts; riots; floods;
earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine
restrictions; freight embargoes; lack of transportation; governmental restrictions or priority;
unusually severe weather; acts or omissions of the other party; acts or failures to act of the City or
any other public or governmental agency or entity (other than the acts or failures to act of the Agency
which shall not excuse performance by the Agency); or any other causes beyond the control or
without the fault of the party claiming an extension of time to perform. Notwithstanding anything to
the contrary in this Agreement, an extension of time for any such cause shall be for the period of the
enforced delay and shall commence to run from the time of the commencement of the cause, if
639882.4\24168.0001 -26-
notice by the party claiming such extension is sent to the other party within forty-five (45) days of
the commencement of the cause. Times of performance under this Agreement may also be extended
in writing by the mutual agreement of the Agency and the Developer. Notwithstanding any
provision of this Agreement to the contrary, the lack of funding to complete the Developer
Improvements shall not constitute grounds of enforced delay pursuant to this Section 602.
603. Non -Liability of Officials and Employees of Agency and Developer. No member,
official representative, agent or employee of the Agency or the City shall be personally liable to
Developer, or any successor in interest, in the event of any Default or breach by the Agency or for
any amount which may become due to Developer or their successors, or on any obligations under the
terms of this Agreement. No officer, member representative, agent or employee of the Developer
shall be personally liable to the Agency, or any successor in interest, in the event of any Default or
breach by the Developer or for any amount which may become due to Agency or their successors, or
on any obligations under the terms of this Agreement.
604. Relationship Between Agency and Developer. It is hereby acknowledged that the
relationship between the Agency and the Developer is not that of a partnership or joint venture and
that the Agency and the Developer shall not be deemed or construed for any purpose to be the agent
of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, the
Agency shall have no rights, powers, duties or obligations with respect to the development,
operation, maintenance or management of the Site. Developer agrees to indemnify, hold harmless
and defend the Agency from any claim made against the Agency arising from a claimed relationship
of partnership or joint venture between the Agency and the Developer with respect to the
development, operation, maintenance or management of the Site.
605. Agency Indemnity. The Agency shall defend, indemnify, assume all responsibility
for, and hold Developer and its representatives, officers, members, employees, successors, assigns
and agents harmless from all claims, demands, damages, defense costs or liability (including without
limitation, reasonable attorneys' fees and costs) of any kind or nature relating to, resulting from,
arising out of or based upon (i) the negligent or intentional acts or omissions of the Agency or the
City or any of their respective officers, employees or agents, (ii) the Pending Litigation and any
claim made against Developer or Tenant with respect to the Pending Litigation, and (iii) any
litigation or proceeding arising out of or in connection with the Agency's actions taken under or
pursuant to, or arising out of, this Agreement.
606. Agency Approvals and Actions. Whenever a reference is made herein to an action
or approval to be undertaken by the Agency, the Executive Director of Agency or his designee is
authorized to act on behalf of Agency unless specifically provided otherwise or the context should
require otherwise.
607. Commencement of Agency Review Period. The time periods set forth herein for
the Agency's approval of agreements, plans, drawings, or other information submitted to the Agency
by Developer and for any other Agency consideration and approval hereunder which is contingent
upon documentation required to be submitted by Developer shall only apply and commence upon the
complete submittal of all the required information. In no event shall an incomplete submittal by
Developer trigger any of the Agency's obligations of review and/or approval hereunder; provided,
however, that the Agency shall notify Developer within five (5) days of an incomplete submittal as
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soon as is practicable and in no event later than the applicable time set forth for the Agency's action
on the particular item in question.
608. Counterparts. This Agreement may be signed in multiple counterparts which, when
signed by all parties, shall constitute a binding agreement. This Agreement is executed in three (3)
originals, each of which is deemed to be an original.
609. Integration. This Agreement contains the entire understanding between the parties
relating to the transaction contemplated by this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged in this
Agreement and shall be of no further force or effect. Each party is entering this Agreement based
solely upon the representations set forth herein and upon each party's own independent investigation
of any and all facts such party deems material. This Agreement includes pages 1 through 30 and
Attachment Nos. 1 through 12, which constitute the entire understanding and agreement of the
parties, notwithstanding any previous negotiations or agreements between the parties or their
predecessors in interest with respect to all or any part of the subject matter hereof.
610. Attorneys' Fees. In any action between the parties to interpret, enforce, reform,
modify, rescind or otherwise in connection with any of the terms or provisions of this Agreement, the
prevailing party in the action shall be entitled, in addition to damages, injunctive relief or any other
relief to which it might be entitled, reasonable costs and expenses including, without limitation,
litigation costs and reasonable attorneys' fees. Costs recoverable for enforcement of any judgment
shall be deemed to include reasonable attorneys' fees.
611. Administration. This Agreement shall be administered and executed by the
Agency's Executive Director, or his designated representative, following approval of this Agreement
by the Agency. The Agency shall maintain authority of this Agreement through the Executive
Director (or his authorized representative). The Executive Director shall have the authority to issue
interpretations, waive provisions and enter into amendments of this Agreement on behalf of the
Agency so long as such actions do not substantially change the uses or development permitted on the
Site, or add to the costs to the Agency as specified herein as agreed to by the Agency Board, and
such amendments may include extensions of time specified in the Schedule of Performance. All
other waivers or amendments shall require the written consent of the Agency Board.
612. Amendments of Agreement. Developer and the Agency agree to mutually consider
reasonable requests for amendments to this Agreement. The Developer shall be responsible for the
costs incurred by the Agency, including without limitation attorneys' fees (the "Developer Costs"), in
connection with any amendments to this Agreement which are requested by the Developer (the
"Developer Request"). The Developer shall be responsible for payment of the Developer Costs as
provided in this Section 612 regardless of the outcome of the Developer Request.
613. Titles and Captions. Titles and captions are for convenience of reference only and
do not define, describe or limit the scope or the intent of this Agreement or of any of its terms.
Reference to section numbers are to sections in this Agreement, unless expressly stated otherwise.
639882.4\24168.0001 -28-
614. Interpretation. As used in this Agreement, masculine, feminine or neuter gender
and the singular or plural number shall each be deemed to include the others where and when the
context so dictates. The word "including" shall be construed as if followed by the words "without
limitation." This Agreement shall be interpreted as though prepared jointly by both parties.
615. No Waiver. A waiver by either party of a breach of any of the covenants, conditions
or agreements under this Agreement to be performed by the other party shall not be construed as a
waiver of any succeeding breach of the same or other covenants, agreements, restrictions or
conditions of this Agreement.
616. Modifications. Any alteration, change or modification of or to this Agreement, in
order to become effective, shall be made in writing and in each instance signed on behalf of each
party.
617. Severability. If any term, provision, condition or covenant of this Agreement or its
application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the
remainder of this Agreement, or the application of the term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it is held invalid or unenforceable,
shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
618. Computation of Time. The time in which any act is to be done under this
Agreement is computed by excluding the first day (such as the day escrow opens) and including the
last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded.
The term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California
Government Code. If any act is to be done by a particular time during a day, that time shall be
Pacific Time.
619. Legal Advice. Each party represents and warrants to the other the following: they
have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of
any right which they may have; they have received independent legal advice from their respective
legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult
legal counsel as to the matters set forth in this Agreement; and, they have freely signed this
Agreement without any reliance upon any agreement, promise, statement or representation by or on
behalf of the other party, or their respective agents, employees or attorneys, except as specifically set
forth in this Agreement, and without duress or coercion, whether economic or otherwise.
620. Time of Essence. Time is expressly made of the essence with respect to the
performance by the Agency and the Developer of each and every obligation and condition of this
Agreement.
621. Cooperation. Each party agrees to cooperate with the other in this transaction and,
in that regard, to sign any and all documents which may be reasonably necessary, helpful or
appropriate to carry out the purposes and intent of this Agreement including, but not limited to,
releases or additional agreements.
622. Conflicts of Interest. No member, official or employee of Agency shall have any
personal interest, direct or indirect, in this Agreement, nor shall any such member, official or
employee participate in any decision relating to the Agreement which affects his personal interests or
639882.4124168.0001 -29-
the interests of any corporation, partnership or association in which he is directly or indirectly
interested.
639882.4\24168.0001 -30-
IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on
the respective dates set forth below.
F.T"- L["
DIAMOND BAR REDEVELOPMENT AGENCY,
a public body, corporate and politic
Dated: , 1998 By:
ATTEST:
Agency Secretary
Executive Director
DEVELOPER:
DIAMOND BAR PARTNERS, L.L.C., a Delaware
limited liability company
Dated: , 1999 By:
Thomas W. Roberts, President
639882.4\24168.0001 -3 -
ATTACHMENT NO. 1
SITE MAP
639882.4\24168.0001 ATTACHMENT NO. 1
Page 1 of l
ATTACHMENT NO.2
SITE LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 22
LOT 22 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 21
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
639882.4\24168.0001 ATTACHMENT NO.2
Page 1 of 4
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE .OF SAID PREMISES, IT BEING THE INTENTION THAT • EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 1 l4,
OFFICIAL RECORDS.
LOT 23
LOT 23 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 23
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
639882.4\24168.0001 ATTACHMENT NO. 2
Page 2 of 4
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OFSAID SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE OF SAID PREMISES, IT BEING THE INTENTION THAT EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE
639882.4\24168.0001 ATTACHMENT NO.2
Page 3 of 4
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 114,
OFFICIAL RECORDS.
639882.4\24168.0001 ATTACHMENT NO.2
Page 4 of 4
ATTACHMENT NO.3
SCHEDULE OF PERFORMANCE
Delivery of Executed Agreements to the
A enc . Developer shall deliver three (3)
copies of the Agreement which have been
executed by the Developer to the Agency.
No later than March 15, 1999 for
consideration of the Agreement by the Agency
Board and City Council.
2. Execution of Agreement by the Agency. The Upon approval of the City Council and/or
Agency shall execute the Agreement and Agency Board.
deliver one fully executed copy of the
Agreement to Developer.
Opening Escrow. The parties shall open
escrow with the Escrow Agent.
4. Close of Escrow. The Escrow for the
conveyance of the Site to Developer shall
close.
_Consideration of Construction Drawings by
the City. The City shall consider and approve
or disapprove the Construction Drawings
submitted by the Developer.
Within the two (2) business days of the Date
of this Agreement.
Upon satisfaction of all of Agency's and
Developer's conditions precedent but in no
event later than March 25, 1999 unless
mutually agreed to by the parties in writing.
Within thirty (30) business days of the
Developer's submittal of the Construction
Drawings.
6. Anchor Tenant Lease. Developer shall submit Already submitted to Agency.
to Agency a fully executed lease between
Developer and Tenant pertaining to not less
than 70% of the rentable area of the buildings
within the Project.
7. Start of Construction. The Developer shall Within sixty (60) days of Developer's
start grading and construction of Developer acquisition of Site and the City and Agency
Improvements on the Site. approval of Construction Drawings and
issuance of building permits.
8. Submittal of Certificates of Insurance.
Developer shall furnish all Certificates of
Insurance as required pursuant to Section 307
of the Agreement
Prior to commencement of construction of
Developer Improvements.
639882.4\24168.0001 ATTACHMENT NO.3
Page 1 of 2
9. Completion of Construction of Developer Within (_) months from the start of
Improvements. Subject to the provisions of construction pursuant to paragraph 12 above
Section 602 of this Agreement, the Developer but no later than March 1, 2000.
shall complete the Developer Improvements.
It is understood that the foregoing Schedule of Performance is subject to all terms and
conditions set forth in this Agreement. The summary of the items of performance in this Schedule of
Performance is not intended to supersede or modify the more complete description in the text; in the
event of any inconsistency between this Schedule of Performance and the text of this Agreement, the
text shall govern.
The time periods set forth herein for the City's approval of plans and drawings, and other
submittals, submitted to the City by Developer, or its representatives, shall only apply and
commence upon the complete submittal of all the required information. In no event shall an
incomplete submittal by Developer trigger any of the City's obligations of review and/or approval
hereunder; provided, however, that the City shall notify Developer or its representatives of an
incomplete submittal as soon as is practicable and in no event later than the applicable time set forth
for the Agency's action on the particular item in question.
639882.4\24168.0001 ATTACHMENT NO.3
Page 2 of 2
ATTACHMENT NO.4
SCOPE OF DEVELOPMENT
I. DEVELOPMENT STANDARDS OVERVIEW
The Improvements to be constructed on the Site shall be of high architectural quality, shall
be well landscaped, and shall be effectively and aesthetically designed consistent with a steel frame
and EEIFS exterior building or such other material as may be approved by the City. The
Developer's plans, drawings, and proposals submitted to the City for approval shall describe in
reasonable detail the architectural character intended for the Improvements. The total development
shall be in conformance with the Governmental Regulations, and CC&Rs of Gateway Corporate
Center.
II. DEVELOPER IMPROVEMENTS
The Developer shall develop the Site with a two-story and a three-story office buildings with
a total of approximately 124,000 net rentable square feet and an approximately 400 space parking
structure. The Developer shall be responsible for the design and construction of the entire Site. The
buildings shall be developed in accordance with the Developer's plans, drawings and proposals
submitted to and as approved by the City of Diamond Bar Planning Commission, the CC&Rs of
Gateway Corporate Center and the Governmental Regulations, as applicable. Additionally, the
Developer shall comply with any conditions of approval for on-site development improvements
which may be prescribed under any discretionary permits required for approval of the Developer's
proposal, as well as a parking ratio of not less than 4.0 stalls per 1,000 net rentable square feet of
development. The Developer shall be responsible for the payment of all development fees and all
permit fees required for the development of the Site.
639882.4124168.0001 ATTACHMENT NO.4
Page 1 of 1
ATTACHMENT NO.5
GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
LUCE, FORWARD, HAMILTON & SCRIPPS LLP )
600 West Broadway, Suite 2600 )
San Diego, California 92101 )
Attn: Nancy T. Scull, Esq. )
This document is exempt from payment of a recording fee
pursuant to Government Code Section 6103.
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
The DIAMOND BAR REDEVELOPMENT AGENCY, a public body, corporate and
politic (the "Grantor"), acting to carry out the Redevelopment Plan (the "Redevelopment Plan") for
the Diamond Bar Economic Revitalization Redevelopment Project Area (the "Project"), under the
Community Redevelopment Law of California, hereby grants to DIAMOND BAR PARTNERS,
L.L.C., a Delaware limited liability company (the "Grantee"), the real property hereinafter referred
to as the "Site," described in Exhibit A attached hereto and incorporated herein, subject to the
existing easements, restrictions and covenants of record.
GRANTOR:
DIAMOND BAR REDEVELOPMENT
AGENCY, a public body corporate and politic
Dated: 11999 By:
Executive Director
ATTEST:
Agency Secretary
639882.4\24168.0001 ATTACHMENT NO.5
Page 1 of 1
State of California
County of
On
personally appeared
ss.
199_, before me,
(name, title of officer, e.g., "Jane Doe, Notary Public")
(name(s) of signer(s))
Elpersonally known to me, OR,
❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which person(s) acted, executed the instrument.
Witness my hand and official seal.
Capacity claimed by signer:
❑
fndividual
❑
Corporate Officer(s):
❑
Partner(s):
❑ General ❑ Limited
❑
Attorney-in-fact
❑
Trustee(s)
❑
Guardian/Conservator
❑
Other:
Signer is representing:
(signature of notary)
(This section is OPTIONAL.)
(name of person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other than Named Above
639882.4124168.0001 ATTACHMENT NO.5
State of California
County of
On
personally appeared
ss.
199 , before me,
(name, title of officer, e.g., "Jane Doe, Notary Public")
(name(s) of signer(s))
❑ personally known to me, OR,
❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which person(s) acted, executed the instrument.
Witness my hand and official seal.
Capacity claimed by signer:
❑
Individual
❑
Corporate Officer(s): .
❑
Partner(s):
❑ General ❑ Limited
❑
Attorney-in-fact
❑
Trustee(s)
❑
Guardian/Conservator
❑
Other:
Signer is representing:
(signature of notary)
(This section is OPTIONAL.)
(name of person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other than Named Above
639882.4\24168.0001 ATTACHMENT NO.5
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 22
LOT 22 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 21
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
639882.4124168.0001 ATTACHMENT NO. 5
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE OF SAID PREMISES, IT BEING THE INTENTION THAT EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF TIDE
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 114,
OFFICIAL RECORDS.
LOT 23
LOT 23 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 23
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
639882.4\24168.0001 ATTACHMENT NO.5
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE OF SAID PREMISES, IT BEING THE INTENTION THAT EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
639882.4124168.0001 ATTACHMENT NO.5
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 114,
OFFICIAL RECORDS.
639882.4\24168.0001 ATTACHMENT NO.5
ATTACHMENT NO.6
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
Diamond Bar Redevelopment Agency )
21660 E. Copley Drive, Suite 100 )
Diamond Bar, California 91765 )
Attn: Executive Director )
This document is exempt from the payment of a recording fee pursuant
to Govemment Code Section 6103.
DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
(this "Declaration") is entered into this _ day of , 1999 by and between the DIAMOND
BAR REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency") and
DIAMOND BAR PARTNERS, L.L.C., a Delaware limited liability company (the "Developer")
with reference to the following facts:
A. The Agency and the Developer have entered into that certain Disposition and
Development Agreement dated as of March 16, 1999 (the 'DDA") which provides for the
conveyance by the Agency to Developer of that certain real property which is legally described in
Exhibit "A" which is attached hereto and incorporated herein by this reference (the "Site") and the
development, use and operation of improvements by Developer upon the Site. The DDA is available
for public inspection at the Agency's offices located at 21660 E. Copley Drive, Suite 100, Diamond
Bar, California 91765. Capitalized terms utilized in this Declaration and not otherwise defined shall
have the same meaning as set forth in Section 101 of the DDA.
B. The Site is within the Redevelopment Plan in the City of Diamond Bar and is subject
to the provisions of the Redevelopment Plan for the Diamond Bar Economic Revitalization Area (the
"Redevelopment Project") which was approved and adopted by the City Council of the City of
Diamond Bar on July 15, 1997, by Ordinance No. 03(1997).
C. Developer has agreed with Agency to execute and record this Declaration in order to
bind itself and future owners and operators of the Site to certain obligations regarding the on-going
use, operation and maintenance of the Site and certain other covenants, all as more particularly set
forth herein.
D. The enforcement of the covenants and requirements set forth herein will ensure the
proper implementation of the Redevelopment Plan and will, therefore, benefit Developer, the City of
Diamond Bar, the Agency, and the properties located within the Redevelopment Project.
639882.4\24168.0001 ATTACHMENT NO. 6
Page 1 of 5
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto,
and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Developer on behalf of itself and its successors, assigns and each successor in interest to the Site or
any part thereof, hereby covenants and agrees as follows:
1. Use Covenants. The Site shall be occupied and used only for those uses specified or
permitted in the Redevelopment Plan and the DDA.
2. Operating Covenant. The Site shall be used, operated, and occupied solely as an
office building complex and uses incidental thereto, a majority of which will be leased to Tenant for
a period of not less than ten (10) years commencing upon the issuance of the Release of Construction
Covenants, but subject to the terms and conditions of the leases between Developer and Tenant.
3. Maintenance Covenant. Developer shall maintain the Site and all improvements
thereon in compliance with the terms of the Redevelopment Plan and with all applicable provisions
of the City of Diamond Bar Municipal Code.
4. Nondiscrimination Covenant. There shall be no discrimination against or
segregation of any person or group of persons on account of race, color, creed, religion, sex, marital
status, physical or mental disability or medical condition, handicap, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall Developer
itself, or any person claiming under or through it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees of the Site. The foregoing covenant shall run with
the land.
Developer shall refrain from restricting the rental, sale or lease of the Site on the
basis of race, color, creed, religion, sex, marital status, physical or mental disability or medical
condition, handicap, national origin or ancestry of any person. All such deeds, leases or contracts
shall contain or be subject to substantially the following nondiscrimination or nonsegregation
clauses:
(a) In deeds: "The grantee herein covenants by and for himself or herself, his
heirs, executors, administrators and assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, physical or mental disability or medical condition,
handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person
claiming under or through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing
covenants shall run with the land."
(b) In leases: "The lessee herein covenants by and for himself or herself, his
heirs, executors, administrators and assigns, and all persons claiming under or through him or her,
and this lease is made and accepted upon and subject to the following conditions:
639882.4124168.0001 ATTACHMENT NO.6
Page 2 of 5
"There shall be no discrimination against or segregation of any person or
group of persons on account of race, color, creed, religion, sex, marital status, physical or mental
disability or medical condition, handicap, ancestry or national origin in the leasing, subleasing,
transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee
himself or herself, or any person claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises
herein leased."
(c) In contracts: In contracts relating to the sale, transfer or leasing of the Site or
any interest therein: "There shall be no discrimination against or segregation of, any person, or
group of persons on account of race, color, creed, religion, sex, marital status, physical or mental
disability or medical condition, handicap, ancestry or national origin, in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or
herself or any person claiming under or through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises."
5. Minimum Project Value Covenant. That the minimum assessed value of the
Developer Improvements, the Site, and such other property which is assessed for purposes of the
secured or unsecured roll to be installed, placed or constructed on the Site upon the completion of
such installation and construction shall not be less than Twenty -Six Million Dollars ($26,000,000)
(the "Minimum Project Value"). Should the assessed valuation fall below the Minimum Project
Value in any year, Developer shall pay directly to the City or Agency the difference between the
Minimum Project Value and the current year assessed value multiplied by 80% of the one percent
(1%) basic tax levy. Payment by the Developer shall be made annually on or prior to December 10
to the Agency.
6. Minimum Assessed Valuation. That no action shall be taken to decrease the
assessed value (including the value of the Development Improvements) of the Site for property tax
purposes below the Minimum Project Value.
7. Commencement of Operation. Subject to the provisions of Section 602 of the
DDA, the Project shall be open and operational on the Site on or before March 1, 2000 (the
"Commencement Date").
8. Term. The covenants contained herein and in the Agreement shall remain in effect
for the term of the Redevelopment Plan, that is until July 15, 2027 except for (i) the operating
covenant set forth in paragraph 2 of this Declaration which shall remain in effect for a period of ten
(10) years commencing upon the date provided for in the leases and (ii) the nondiscrimination
covenant set forth in paragraph 4 of this Declaration which shall remain in effect in perpetuity.
9. Covenants Run with the Land. The covenants and agreements established in this
Declaration shall, without regard to technical classification or designation, be binding on Developer
and its successors and assigns and any successor in interest to the Site, or any part thereof, for the
benefit of and in favor of the Agency, its successors and assigns, and the City.
639882.4\24168.0001 ATTACHMENT NO.6
Page 3 of 5
10. Remedies. The Agency in an event of any breach of any of the covenants contained
herein shall have the right to exercise all the rights and remedies and to maintain any actions at law
or suits in equity or other proper proceedings to enforce the curing of the breach.
11. Severability. If any term, provision, condition or covenant of this Declaration or its
application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the
remainder of this Declaration, or the application of the term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it is held invalid or unenforceable,
shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
12. Titles and Captions. Titles and captions are for convenience of reference only and
do not define, describe or limit the scope or the intent of this Declaration.
13. Modification. The Agency, its successors and assigns and Developer and its
successors and assigns in and to all or any part of the fee title to the Site shall have the right with the
mutual consent of the Agency to consent and agree to changes in, or to eliminate in whole or in part,
any of the covenants herein without the consent of any tenant (other than Developer), lessee,
easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person
or entity having any interest less than a fee in the Site. However, the Agency and Developer are
obligated to give written notice to and obtain the consent of any first mortgagee prior to consent or
agreement between the parties concerning such changes to this Declaration. The covenants
contained in this Declaration, without regard to technical classification, shall not benefit or be
enforceable by any owner of any other real property within or outside the Redevelopment Project, or
any person or entity having any interest in any other such realty.
639882.4\24168.0001 ATTACHMENT NO.6
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this Declaration as of the date and
year first written above.
Dated:
ATTEST:
Agency Secretary
Dated:
1999
AGENCY:
DIAMOND BAR REDEVELOPMENT AGENCY,
a public body, corporate and politic
M.
Executive Director
DEVELOPER:
DIAMOND BAR PARTNERS, L.L.C., a Delaware
limited liability company
1999 By:
Thomas W. Roberts, President
639882.4\24168.0001 ATTACHMENT NO.6
Page 5 of 5
State of California )
ss.
County of )
On , 199_, before me,
(name, title of officer, e.g., "Jane Doe, Notary Public")
personally appeared
(name(s) of signer(s))
❑ personally known to me, OR,
❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which person(s) acted, executed the instrument.
Witness my hand and official seal.
Capacity claimed by signer:
❑
Individual
❑
Corporate Officer(s): _
❑
Partner(s):
❑ General ❑ Limited
❑
Attorney-in-fact
❑
Trustee(s)
❑
Guardian/Conservator
❑
Other:
Signer is representing:
(signature of notary)
(This section is OPTIONAL.)
(name of person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other than Named Above
639882.4\24168.0001 ATTACHMENT NO. 6
State of California
ss.
County of
On 199_, before me,
(name, title of officer, e.g., "Jane Doe, Notary Public")
personally appeared
(name(s) of signer(s))
❑ personally known to me, OR,
❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which person(s) acted, executed the instrument.
Witness my hand and official seal.
Capacity claimed by signer:
❑
Individual
❑
Corporate Officer(s): _
❑
Partner(s):
❑ General ❑ Limited
❑
Attorney-in-fact
❑
Trustee(s)
❑
Guardian/Conservator
❑
Other:
Signer is representing:
(signature of notary)
(This section is OPTIONAL.)
(name of person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other than Named Above
639882.4\24168.0001 ATTACHMENT NO. 6
EXHIBIT "A"
SITE LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 22
LOT 22 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 21
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
639882.4\24168.0001 ATTACHMENT NO.6
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE OF SAID PREMISES, IT BEING THE INTENTION THAT EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 114,
OFFICIAL RECORDS.
LOT 23
LOT 23 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 23
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
639882.4\24168.0001 ATTACHMENT NO. 6
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE OF SAID PREMISES, IT BEING THE INTENTION THAT EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
639882.4\24168.0001 ATTACHMENT NO.6
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 114,
OFFICIAL RECORDS.
639882.4124168.0001 ATTACHMENT NO.6
ATTACHMENT NO.7
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
DIAMOND BAR PARTNERS, L.L.C.
c/o Opus West Corporation
2030 Main Street, Suite 520
Irvine, California 92614
Attention: Jeff Hill
This document is exempt from the payment of a recording
fee pursuant to Government Code Section 6103.
RELEASE OF CONSTRUCTION COVENANTS
THIS RELEASE OF CONSTRUCTION COVENANTS (the "Release") is made by the
DIAMOND BAR REDEVELOPMENT AGENCY, a public body corporate and politic (the
"Agency"), in favor of DIAMOND BAR PARTNERS, L.L.C., a Delaware limited liability
company ("Developer"), as of the date set forth below.
RECITALS
A. The Agency and the Developer have entered into that certain Disposition and
Development Agreement (the "DDA") dated March 16, 1999 concerning the redevelopment of
certain real property situated in the City of Diamond Bar, California as more fully described in
Exhibit "A" attached hereto and made a part hereof. All capitalized terms utilized herein and not
otherwise defined shall have the same meaning as set forth in the DDA.
B. As referenced in Section 311 of the DDA, the Agency is required to furnish
Developer or its successors with a Release upon completion of construction of the Improvements
which Release is required to be in such form as to permit it to be recorded in the Recorder's Office of
Los Angeles County. This Release is conclusive determination of satisfactory completion of the
construction and development required by the DDA.
C. The Agency has conclusively determined that such construction and development has
been completed by Developer in conformity with the DDA, Governmental Regulations and CC&Rs
of Gateway Corporate Center and all applicable provisions of the City of Diamond Bar Municipal
Code.
NOW, THEREFORE, the Agency hereby certifies as follows:
1. The Improvements to be constructed by the Developer have been fully and
satisfactorily completed in conformance with the DDA, Covenant Condition and Restrictions
("CC&Rs"), the Redevelopment Plan and all applicable provisions of the City of Diamond Bar
639882.4\24168.0001 ATTACHMENT NO.7
Page 1 of 2
Municipal Code. The remainder of the obligations contained in the CC&Rs shall remain in effect
and enforceable according to the terms of the CC&Rs.
2. Nothing contained in this instrument shall modify in any other way any other
provisions of the DDA.
IN WITNESS WHEREOF, the Agency has executed this Release this
_, 1999.
ATTEST:
Agency Secretary
day of
DIAMOND BAR REDEVELOPMENT AGENCY,
a public body corporate and politic
Executive Director
639882.4124168.0001 ATTACHMENT NO.7
Page 2 of 2
State of California
County of
On
personally appeared
ss.
199 , before me,
(name, title of officer, e.g., "Jane Doe, Notary Public")
(name(s) of signer(s))
❑ personally known to me, OR,
❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which person(s) acted, executed the instrument.
Witness my hand and official seal.
Capacity claimed by signer:
❑
Individual
❑
Corporate Officer(s): .
❑
Partner(s):
❑ General ❑ Limited
❑
Attorney-in-fact
❑
Trustee(s)
❑
Guardian/Conservator
❑
Other:
Signer is representing:
(.signature of notary)
(This section is OPTIONAL.)
(name of persons) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other than Named Above
639882.4\24168.0001 ATTACHMENT NO.7
EXHIBIT "A"
SITE LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 22
LOT 22 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 21
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
639882.4\2416&0001 ATTACHMENT NO. 7
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE OF SAID PREMISES, IT BEING THE INTENTION THAT EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 114,
OFFICIAL RECORDS.
LOT 23
LOT 23 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 23
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
639882.4\24168.0001 ATTACHMENT NO. 7
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE OF SAID PREMISES, IT BEING THE INTENTION THAT EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
639882.4\24168.0001 ATTACHMENT NO. 7
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 114,
OFFICIAL RECORDS.
639882.4\24168.0001 ATTACHMENT NO.7
ATTACHMENT NO.8
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
Diamond Bar Redevelopment Agency )
21660 E. Copley Drive, Suite 100 )
Diamond Bar, California 91765 )
Attention: Executive Director )
This document is exempt from the payment of a recording
fee pursuant to Government Code Section 6103.
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT ("Memorandum"), dated for identification
purposes as of , 1999, is entered into by and between the DIAMOND BAR
REDEVELOPMENT AGENCY, a public body corporate and politic ("Agency"), and DIAMOND
BAR PARTNERS, L.L.C., a Delaware limited liability company ("Developer").
1. Disposition and Development Agreement. Agency and Developer have entered
into a Disposition and Development Agreement ("Agreement"), dated as of March 16, 1999, which
provides for the development of that certain real property located in the City of Diamond Bar,
County of Los Angeles, State of California, more fully described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Site"). The Agreement is available for public inspection
and copying at the office of the Diamond Bar Agency, 21660 E. Copley Drive, Suite 100, Diamond
Bar, California. All of the terms, conditions, provisions and covenants of the Agreement are
incorporated in this Memorandum by reference as though written out at length herein, and the
Agreement and this Memorandum shall be deemed to constitute a single instrument or document.
2. Purpose of Memorandum. This Memorandum is prepared for recordation purposes
only, and in no way modifies the terms, conditions, provisions and covenants of the Agreement. In
the event of any inconsistency between the terms, conditions, provisions and covenants of this
Memorandum and the Agreement, the terms, conditions, provisions and covenants of the Agreement
shall prevail.
3. Continuing Obligation or Liabilities. Followoing the recordation of the Release of
Construction Covenants, any party then owning or thereafter purchasing, leasing or otherwise
acquiring any interest in the Site shall not (because of such ownership, purchase, lease or
acquisition) incur any obligation or liability under this Agreement except for those continuing
covenants as set forth in the Declaration of Covenants, Conditions and Restrictions.
639882.4124168.0001 ATTACHMENT NO.8
Page 1 of 2
The parties have executed this Memorandum of Agreement on the dates specified
immediately adjacent to their respective signatures
AGENCY:
DIAMOND BAR REDEVELOPMENT AGENCY,
a public body, corporate and politic
Dated: , 1998 By:
ATTEST:
Agency Secretary
Executive Director
DEVELOPER:
DIAMOND BAR PARTNERS, L.L.C., a Delaware
limited liability company
Dated: , 1999 By:
Thomas W. Roberts, President
639882.4\24168.0001 ATTACHMENT NO.8
Page 2 of 2
EXHIBIT "A"
SITE LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Mel 0%,,
LOT 22 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 21
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
639882.4\24168.0001 ATTACHMENT NO. 8
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE OF SAID PREMISES, IT BEING THE INTENTION THAT EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 114,
OFFICIAL RECORDS.
LOT 23
LOT 23 OF TRACT 39679, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 23
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER,
TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE
AND MINE THEREFROM, SUCH OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS, AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW
THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO STORE UPON THE
SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
WHICH MAY BE PRODUCED FROM OTHER LAND, WITH THE RIGHT OF ENTRY
THEREON FOR SAID PURPOSES AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
639882.4\24168.0001 ATTACHMENT NO.8
AND OTHER STRUCTURES, WHICH MAY BE NECESSARY AND REQUISITE TO CARRY
ON OPERATION ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHT NECESSARY OR
CONVENIENT THERETO, AS RESERVED IN DEED, FROM TRANSAMERICA
DEVELOPMENT COMPANY, A CORPORATION RECORDED MARCH 29, 1968 IN
BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 IN
BOOK D 4407 PAGE 591, OFFICIAL RECORDS.
BY QUITCLAIM DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553,
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION FORMERLY CAPITAL
COMPANY, A CORPORATION RELEASED AND SURRENDERED TO THE DIAMOND BAR
DEVELOPMENT CORPORATION, A CORPORATION, THE SURFACE RIGHT TO SAID
LAND FOR A DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH, AND NOTHING
THEREIN CONTAINED SHALL IN ANY WAY BE CONSTRUED TO PREVENT, HINDER OR
DELAY THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND
REMOVE FROM BENEATH THE SURFACE OF SAID LAND OR LANDS, AT ANY LEVEL
OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE
PURPOSE OF DEVELOPMENT OR REMOVAL OF ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBONS SITUATED THEREIN OR THEREUNDER, OR PRODUCIBLE
THEREFROM, TOGETHER WITH ALL WATER NECESSARY IN CONNECTION
PRODUCIBLE THEREFROM TOGETHER WITH ALL WATER NECESSARY IN
CONNECTION WITH ITS DRILLING OR MINING OPERATION THEREUNDER.
ALSO EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE
BOUNDARIES OF THE LAND DESCRIBED IN THE DEED FROM UNIVERSITY OF
REDLANDS, ET AL., RECORDED DECEMBER 28, 1950, IN BOOK 35179 PAGE 74, OFFICIAL
RECORDS, AN AGGREGATE OF ONE-FOURTH OF ALL OIL, GAS AND CASINGHEAD GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN, ON OR UNDER THE
SURFACE OF SAID PREMISES, IT BEING THE INTENTION THAT EACH GRANTOR
THEREBY RESERVES IN SERVERALTY, A FRACTIONAL PART OF SAID ONE-FOURTH
CORRESPONDING EXACTLY WITH THE RESPECTIVE INTERESTS OF THE GRANTORS
SET FORTH FOLLOWING THEIR NAMES IN THE DEED, AS RESERVED IN THE DEED
FROM UNIVERSITY OF REDLANDS, A CORPORATION, ET AL., TO BARTHOLOMAE
CORPORATION, A CORPORATION, RECORDED DECEMBER 28, 1950 IN BOOK 35179
PAGE 74, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND
MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED IN SAID LAND OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS FIVE HUNDRED (500) FEET OR MORE BELOW
THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF
SUCH SUBSTANCES, PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND
ALL OTHER SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT
DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE
ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE
SURFACE THEREOF, AND ALL OF THE RIGHTS SO TO REMOVE SUCH SUBSTANCES
639882.4\24168.0001 ATTACHMENT NO. 8
ARE HEREBY SPECIFICALLY RESERVED, INCLUDING THE RIGHT TO DRILL FOR,
PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH
OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT
COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION,
DEED RECORDED JUNE 30, 1965 AS INSTRUMENT NO. 1027 IN BOOK D 2959 PAGE 114,
OFFICIAL RECORDS.
639882.4\24168.0001 ATTACHMENT NO.8
ATTACHMENT NO.9
DEVELOPER LOAN NOTE
$1,400,000
March _, 1999
Diamond Bar, California
FOR VALUE RECEIVED, THE DIAMOND BAR REDEVELOPMENT AGENCY, a
public body, corporate and politic ("Agency"), promises to pay to DIAMOND BAR PARTNERS,
L.L.C., a Delaware limited liability company ("Developer"), or order at Developer's office at
C/o Opus West Corporation, 2030 Main Street, Suite 520, Irvine, California 92614, or such other
place as the Developer may designate in writing, the principal sum of One Million Four Hundred
Thousand Dollars ($1,400,000) (the "Note Amount"), or so much of the Note Amount as has been
disbursed by the Developer to or on behalf of the Agency, in currency of the United States of
America, which at the time of payment is lawful for the payment of public and private debts.
1. Agreement. This Developer Loan Note (the "Note") is given in accordance with that
certain Disposition and Development Agreement executed by the Agency and the Developer, dated
as of March 16, 1999 (the "Agreement"). The rights and obligations of the Owner and the Agency
under this Note shall be governed by the Agreement and by the additional terms set forth in this
Note. The Note Amount shall be disbursed to the Agency in accordance with the provisions of the
Agreement upon satisfaction of the Conditions Precedent set forth in the Agreement. Capitalized
terms not otherwise defined herein shall have the meaning attributed thereto in the Agreement.
2. Interest. The Note Amount shall bear interest at a rate of 0% per annum.
3. Repayment of Note Amount. The Agency having received evidence satisfactory to
the Agency that Developer has entered into the lease with a term of not less than ten (10) years with
Tenant, but subject to the terms and conditions set forth in the lease, a portion of the Note Amount in
the amount of $700,000 ("First Payment") shall be paid to the Developer on or prior to the date of
issuance of the grading permit for the parking structure or the first office building on the Site. The
balance of the Note Amount ("Second Payment") shall be repaid upon the later to occur of (i) receipt
of a Favorable Judgement and (ii) the issuance of the Release of Construction Covenants. Payments
on the Developer Loan shall be made by the Agency within five (5) days of satisfaction of the
conditions precedent to such payment set forth above. The principal amount of the Developer Loan
shall be adjusted downwards by an amount equal to the "Adjustment Factor." For purposes of this
paragraph, the Adjustment Factor shall be the percentage difference between the amount which is
ninety percent (90%) of Projected Hard Costs and actual Hard Costs incurred by Developer in the
construction of the Developer Improvements (but only to the extent that actual Hard Costs are less
than 90% of Projected Hard Costs). Any adjustment of the Developer Loan as herein provided shall
be deducted from the Second Payment. "Hard Costs" shall include only the following expenses: all
direct labor and construction material costs associated with the contracts relating to preparation of
the Site and development and construction of all Improvements on the Site. This would include, but
not be limited to, any remaining demolition and grading for Site preparation, the installation of the
foundation system for the structure, the construction of the office buildings, including flooring, walls,
stairwells, exterior facades, interior facades, electrical work for common areas, required fire and life
639882.4124168.0001 ATTACHMENT NO. 9
Page 1 of 3
safety systems, heating, venting and air conditioning systems for the common areas, light fixtures for
the common areas, all required plumbing fixtures for the common areas, installation of floor
coverings for the common areas all as set forth in the Certificate of Projected Hard Costs. Any and
all exterior site work for the approved project site design plan shall include, but not be limited to, all
walkways, concrete curbs, paved walkways, parking areas, appropriately installed irrigation systems
in all planted areas, all code and design required exterior lighting, including any and all freestanding
light standards, any and all other items required as part of this Agreement, and any Governmental
Regulation which shall include the receipt of a certificate of occupancy for the entire structure and
individual units. "Hard Costs" shall include the costs of architect, engineering and design services
related to the above items, but shall not include development, permit and inspection fees imposed by
public agencies; bond premiums; marketing, advertising and promotions; legal fees and insurance.
To the extent the Certificate of Hard Costs is inconsistent with the above defintion, the Certificate
shall control. No adjustment shall be made in the event that actual Hard Costs exceed ninety percent
(90%) of Projected Hard Costs.
4. Waivers
(a) No extension of time for payment of this Note made by agreement by the
Developer with the Agency shall operate to release, discharge, modify, change or affect the original
liability of Agency under this Note, either in whole or in part.
(b) The obligations of Agency under this Note shall be absolute and Agency
waives any and all rights to offset, deduct or withhold any payments or charges due under this Note
for any reasons whatsoever.
(c) Agency waives presentment, demand, notice of protest and nonpayment,
notice of default or delinquency, notice of acceleration, notice of costs, expenses or interest thereon,
notice of dishonor, diligence in collection or in proceeding against any of the rights or interests in or
to properties securing this Note, and the benefit of any exemption under any homestead exemption
laws, if applicable.
(d) No previous waiver and no failure or delay by Developer in acting with
respect to the terms of this Note shall constitute a waiver of any breach, default, or failure or
condition under this Note or the obligations secured thereby. A waiver of any term of this Note or of
any of the obligations secured thereby must be made in writing and shall be limited to the express
written terms of such waiver.
5. Amendments and Modifications. This Note may not be changed orally, but only by
an amendment in writing signed by Developer and by the Agency.
6. Developer May Assign. Developer may, at its option, assign its right to receive
payment under this Note without necessity of obtaining the consent of the Agency.
7. Terms. Any terms not separately defined herein shall have the same meanings as set
forth in the Agreement.
639882.4\24168.0001 ATTACHMENT NO.9
Page 2 of 3
8. Authority. The Agency hereby represents and warrants that it has full right, power
and lawful authority to execute, deliver and perform its obligations in accordance with the terms of
this Note.
9. Successors and Assigns. Whenever "Agency" is referred to in this Note, such
reference shall be deemed to include the Diamond Bar Redevelopment Agency and its successors
and assigns. All covenants, provisions and agreements by or on behalf of Agency, and on behalf of
any makers, endorsers, guarantors and sureties hereof which are contained herein shall inure to the
benefit of the Developer and Developer's successors and assigns.
10. Miscellaneous. Time is of the essence hereof. This Note shall be governed by and
construed under the laws of the State of California except to the extent Federal laws preempt the
laws of the State of California. Agency and Developer acknowledge that this Note was entered into
and is to be performed in the County of Los Angeles and irrevocably and unconditionally submits to
the jurisdiction of the Superior Court of the State of California for the County of Los Angeles or the
United States District Court of the Central District of California, as Agency hereof may deem
appropriate, or, if required, the Municipal Court of the State of California for the County of
Los Angeles, in connection with any legal action or proceeding arising out of or relating to this Note.
Agency also waives any objection regarding personal or in rem jurisdiction or venue.
AGENCY:
DIAMOND BAR REDEVELOPMENT AGENCY,
a public body corporate and politic
L-12
ATTEST:
Agency Secretary
Executive Director
639882.4124168.0001 ATTACHMENT NO. 9
Page 3 of 3
ATTACHMENT NO. 10
TITLE PROFORMA
639882.4\24168.0001 ATTACHMENT NO. 10
Page 1 of 1
TABLE OF CONTENTS
Page
100. INTRODUCTORY PROVISION5....................................................................................... 2
101.
Definitions.................................................................................................................... 2
102.
Representations and Warranties................................................................................... 7
102.1 Agency Representations................................................................................... 7
102.2 Developer's Representations............................................................................ 8
103.
Transfers of Interest in Site or Agreement...................................................................
8
103.1 Prohibition .................................................
8
103.2 Permitted Transfers..........................................................................................
9
103.3 Agency Consideration of Requested Transfer .................................................
9
103.4 Successors and Assigns....................................................................................
9
103.5 Assignment by Agency....................................................................................
9
200. DISPOSITION OF SITE......................................................................................................
10
201.
Acquisition and Disposition of the Site......................................................................
10
201.1 Acquisition by the Agency.............................................................................
10
201.2 Disposition of the Site to the Developer........................................................
10
201.3 Developer Loan..............................................................................................
10
202.
Escrow........................................................................................................................
11
202.1 Costs of Escrow.............................................................................................
11
202.2 Escrow Instructions........................................................................................
11
202.3 Authority of Escrow Agent............................................................................
12
202.4 Closing
...........................................................................................................
12
202.5 Termination....................................................................................................12
202.6 Closing Procedure..........................................................................................
13
203.
Review of Title...........................................................................................................
13
204.
Title Insurance............................................................................................................
14
205.
Conditions of Closing
.................................................................................................
14
205.1 Agency's Conditions of Closing.....................................................................
14
205.2 Developer's Conditions of Closing................................................................
14
206.
Condition of the Site...................................................................................................
15
206.1 As -Is Condition..............................................................................................
15
206.2 Investigation of Site.......................................................................................
15
206.3 Developer Precautions After Closing............................................................
16
206.4 Required Disclosures After Closing..............................................................
16
206.5 Developer Indemnity - Hazardous Materials .................................................
16
207.
Taxes and Assessments..............................................................................................
16
300. DEVELOPMENT OF THE SITE..................................................
16
----....................
301.
Scope of Development...............................................................................................
16
302.
Construction Drawings Related Documents
and ........................................................
17
639882.4\24168.0001
Hill]
500.
303.
Land Use Approvals...................................................................................................
17
304.
Schedule of Performance............................................................................................
17
305.
Cost of Construction...................................................................................................
17
306.
Payment of Fees by Developer...................................................................................
17
307.
Insurance Requirements.............................................................................................
17
308.
Developer's Indemnity................................................................................................
18
309.
Rights of Access.........................................................................................................
18
310.
Compliance With Laws..............................................................................................
18
310.1 Nondiscrimination in Employment................................................................
18
310.2 Taxes and Assessments..................................................................................
19
311.
Release of Construction Covenants............................................................................
19
312.
Financing of the Developer Improvements................................................................
20
312.1 Approval of Financing...................................................................................
20
312.2 No Encumbrances Except Mortgages, Deeds of Trust, or Sale
and Lease -Back for Development..................................................................
20
312.3 Holder Not Obligated to Construct Improvements ........................................
20
312.4 Notice of Default to Mortgagee or Deed of Trust Holders;
Rightto Cure..................................................................................................
20
312.5 Failure of Holder to Complete Improvements ...............................................
21
312.6 Right of the Agency to Cure Mortgage or Deed of Trust
Default............................................................................................................
21
COVENANTS AND RESTRICTIONS...............................................................................
22
401.
Covenant to Use Site In Accordance with Redevelopment Plan ...............................
22
402.
Operating Covenant....................................................................................................
22
403.
Maintenance Covenants.............................................................................................
22
404.
Nondiscrimination Covenant......................................................................................
22
405.
Minimum Project Value Covenant.............................................................................
23
406.
Minimum Assessed Valuation....................................................................................
23
407.
Commencement of Operation....................................................................................
24
408.
Resolution of Pending Litigation................................................................................
24
409.
Preference in Hiring Diamond Bar Residents............................................................
24
410.
Effect of Violation of the Terms and Provisions of this Agreement ..........................
24
DEFAULTS AND REMEDIES...........................................................................................
24
501.
Default Remedies.......................................................................................................
24
502.
Institution of Legal Actions........................................................................................
24
503.
Termination by Developer..........................................................................................
25
504.
Termination by Agency..............................................................................................
25
505.
Acceptance of Service of Process...............................................................................
25
506.
Rights and Remedies Are Cumulative.......................................................................
25
507.
Inaction Not a Waiver of Default...............................................................................
25
508.
Applicable Law..........................................................................................................
25
639882.4\24168.0001 _ii_
..............................................................................................
600. GENERAL PROVISIONS.....
25
601.
Notices, Demands and Communications Between the Parties ...................................
25
602.
Enforced Delay; Extension of Times of Performance ................................................
26
603.
Non -Liability of Officials and Employees of Agency and Developer ....................... 27
604.
Relationship Between Agency and Developer...........................................................
27
605.
Agency Indemnity ................................................... ...................................................
27
606.
Agency Approvals and Actions..................................................................................27
Attachment No. 10
607.
Commencement of Agency Review Period...............................................................27
608.
Counterparts.......................................................28
........................................................
609.
Integration...................................................................................................................28
610.
Attorneys' Fees .......................... .................................................................................
28
611.
Administration............................................................................................................28
612.
Amendments of Agreement........................................................................................
28
613.
Titles and Captions.....................................................................................................28
614.
Interpretation..........................................................
....................................................
29
615.
No Waiver...................................................................................................................29
616.
Modifications..............................................................................................................29
617.
Severability.................................................................................................................29
618.
Computation of Time.................................................................................................29
619.
Legal Advice...............................................................................................................29
620.
Time of Essence.........................................................................................................29
621.
Cooperation................................................................................................................29
622.
Conflicts of Interest.................................................................
...................................
29
ATTACHMENTS
Attachment No. 1
Site Map
Attachment No. 2
Site Legal Description
Attachment No. 3
Schedule of Performance
Attachment No. 4
Scope of Development
Attachment No. 5
Grant Deed
Attachment No. 6
Declaration of Conditions, Covenants and Restrictions
Attachment No. 7
Release of Construction Covenants
Attachment No. 8
Memorandum of Agreement
Attachment No. 9
Developer Loan Note
Attachment No. 10
Title Proforma
639882.4\24168.0001 AI I-
1.
2.
CITY OF DIAMOND BAR
"QUICK CAP" MINUTES
MARCH 16, 1999
Next Resolution No. 99-14
Next Ordinance No. 05(1999)
CLOSED SESSION: 4:00 p.m., AQMD Room CC -2
a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(California Government Code, Section 54956.9(a) - Barbara
Beach- Courschene, et al vs. Diamond Bar Redevelopment
Agency, Case No. BC 175655
b)CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Property: Lots 22 and 23, Tract 39679, Gateway Corporate
Center
Negotiating Parties: City of Diamond Bar and Diamond Bar
Partners, L.L.C.
Under negotiation: Property Acquisition
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING:5:00
p.m.
CALL TO ORDER: M/Chang called the Joint Public Hearing to
order at 5:12 p.m. in the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Dr., Diamond Bar, CA.
ROLL CALL:
Redevelopment Agency: Agency Members Chang, Herrera,
O'Connor, VC/Huff, Chair/Ansari
City Council: Council Members Ansari, Herrera,
Huff, MPT/O'Connor, Mayor Chang
Also present were: Terrence L. Belanger, City Manager and
Agency Executive Director; Dave McEwen, Stradling, Yocca,
Carlson & Rauth, Agency Special Attorney; James DeStefano,
Deputy City Manager; Mike Nelson, Communications & Marketing
Director; and Lynda Burgess, City Clerk and Agency Secretary.
2.1 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE DIAMOND
BAR REDEVELPMENT AGENCY AND DIAMOND BAR PARTNERS, L.L.C.
- Diamond Bar Partners, L.L.C. has entered into an
agreement to purchase Lot Nos. 22 and 23 in the Gateway
Corporate Center, which site is located within the
Redevelopment Project Area. The Developer intends to
construct two buildings and parking facilities providing
a total of 128,000 gross sq. ft. of office space and 806
parking spaces. The Developer further intends to lease
the Project to Allstate Insurance Company, which will
employ approximately 800-1000 employees. The Developer
has requested the Redevelopment Agency's assistance in
acquisition of the site.
MARCH 16, 1999 PAGE 2
Paul Marshall, Opus West - will purchase 4 lots in the
Gateway Corporate Center for a total value of
$30,000,000.
Jeff Hill, Opus West - Lots 12, 15, 22 and 23. Lot 22 -
building approx. 54,000 sq. ft., 2 story, steel frame.
Lot 23 - 3 story building at Golden Springs and Copley
Dr.
Rick Clark, Clarkworks Architecture - described design of
the buildings.
In response to Chairwoman Ansari, Mr. Hill stated that
the parking garage will hold approximately 400 cars.
In response to AM/O'Connor, Mr. Hill explained that
vehicular access would be off of Copley Dr.
Mike Ortman, Architect, Opus, Phoenix - described
architecture of the two-story building. Parking will be
between Copley Dr. and the building for approx. 250 cars
but looking to increase that amount to 300.
John Mulhearn, Director of Real Estate, Allstate
Insurance - described his company's criteria for
selection of a site for their third headquarters
building. Will be 600 employees to provide customer
care.
In response to C/O'Connor, Mr. Hill stated that Opus
wanted Mr. Clark to concentrate on the design of the
first building so turned to own architects for the second
building. Plan to be open approximately at the end of
the year. Preliminary design of the buildings only
includes vending machines and microwaves because they are
aware of the cafeteria available at the AQMD.
John Yonai, Rosenow, Spevacek Group - review the proposed
project between the Agency, Opus and Allstate.
Summarized the Disposition and Development Agreement.
Requesting Agency assistance in the amount of $1.4
million in the form of a developer loan which would be
repaid in two installments. The first would be upon
execution of a lease which has been done with Allstate.
The second payment would be upon the positive resolution
of the Agency's litigation. The Agency would receive
$2,300,000. Both projects will cost approximately
$19,000,000. Nearly 1,800 jobs generated by the move of
Allstate into D.B.
Dave McEwen, Stradling, Yocca, Carlson & Rauth -
summarized the Disposition and Development Agreement and
the two resolutions for adoption.
MARCH 16, 1999
PAGE 3
Chair/Ansari opened the Public Hearing.
Jeff Koontz, Executive Director, Chamber of Commerce -
felt that this is a great step forward in enhancing the
business community. Chamber fully endorses the project.
There being no further testimony offered, Chair/Ansari
closed the Public Hearing.
AM/O'Connor - is there a process provided that approves
the parking standard of 6.3 parking spaces per 1,000 sq.
ft. rather than the standard of 4.
DCM/DeStefano stated that the Planning Commission
approved this change.
Chair/Ansari pointed out that Allstate would be a 24-
hour/day operation and that this amount of parking is
necessary.
C/Herrera moved, seconded by M/Chang to adopt:
a) RESOLUTION NO. 99-14: APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE DIAMOND
BAR REDEVELOPMENT AGENCY AND DIAMOND BAR PARTNERS,
L.L.C. Motion carried 5-0 by Roll Call vote
(City).
Moved by AM/O'Connor, seconded by AM/Chang to adopt:
b) RESOLUTION NO. RA99-02 APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE DIAMOND
BAR REDEVELOPMENT AGENCY AND DIAMOND BAR PARTNERS,
L.L.C. Motion carried 5-0 by Roll Call vote
(Agency).
ADJOURNMENT TO REGULAR SESSION: Chair/Ansari adjourned the meeting
at 6:04 p.m.
CALL TO ORDER: Mayor Chang called the meeting to
order at 6:35 p.m. in the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Capt. Richard Martinez
INVOCATION: Reverend Mike Schuenemeyer, Diamond
Bar Congregational Church
ROLL CALL: Council Members Ansari, Herrera,
Huff, Mayor Pro Tem O'Connor, Mayor
Chang
MARCH 16, 1999
PAGE 4
Manager; Mike
Also present were: Terrence L. Belanger, City cityger; Mike
Jenkins, City Attorney; James DeStefano, DeputyCommager;
David Liu, Deputy Public Works Director; Bob Rose,
unity
Services Director, Mike Nelson, Communications & Marketing
Director; Linda Magnuson, Finance Director and Lynda Burgess,
City Clerk and Agency Secretary.
APPROVAL OF AGENDA: CM/Belanger suggested that 8.4 be
discussed at 7:00 P.M. or after.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Proclaimed April, 1999 as Fair Housing Month.
4. PUBLIC CobdvENTS: Alan Wilson, announced the Friends of
the Library's Wine Tasting Soiree on April 25, 1999 at Shilo
Hilltop.
Martha Bruske - Minnequa landslide - expressed concern about
the property agreements. Felt that repair of this slide
through use of CDBG funds was inappropriate. Wants to be sure
that everyone in the City can use these types of funds for
repair of slides. Don't homeowners' associations have
responsibility for repair/maintenance of slopes?
Jeff Kncotz, Executive Director, Chamber of Commerce -
announced grand opening of MicroAge Computer Center's
educational facility on March 20. Sakee Chicken grand opening
on April 1" (in Boston Market's space). CoC installation will
be on April 9 r h April 17th - D.B. Hand Car Wash will have
grand opening. Health and Fitness Fair sponsored by the
Chamber will be held during City Birthday Party on April 18t .
Postnet grand opening will be on April 24t'. Mixer at Water
District on Commerce Golf Tournament on June
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - March 23, 1999 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 COMMUNITY/CIVIC CENTER TASK FORCE - March 24, 1999 - 6:30
p.m., AQMD Room CC -2, 21865 E. Copley Dr.
5.3 PARKS & RECREATION COMMISSION - March 25, 1999 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.3 FOUR CORNERS TRANSPORTATION POLICY GROUP COMMITTEE
MEETING - March 29, 1999 - 9:00 a.m. - 11:30 a.m. - AQMD,
21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - April 6, 1999 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.6 CITY 10TH BIRTHDAY PARTY - April 18, 1999 - 12:00 - 5:00
MARCH 16, 1999 PAGE 5
p.m., Peterson Park, 24142 E. Sylvan Glen Dr.
6. CONSENT CALENDAR: Moved by C/Herrera, seconded by C/Ansari
to approve the Consent Calendar with the exception of Item No.
6.5. Motion carried 5-0 by Roll Call vote (C/Herrera
abstained from voting on 6.1.1 and 6.1.2).
6.1 APPROVED MINUTES:
6.1.1 Study Session of March 2, 1999 - As submitted.
6.1.2 Regular Meeting of March 2, 1999 - As
submitted.
6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES -
Regular Meeting of January 28, 1999.
6.3 APPROVED VOUCHER REGISTER - dated March 16, 1999 in the
amount of $325,062.61.
6.4 ADOPTED RESOLUTION NO. 98-45A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION
NO. 98-45 TO RE -INSTALL A SCHOOL CROSSWALK AT THE FRONT
OF WALNUT ELEMENTARY SCHOOL ACROSS GLENWICK AVENUE
BETWEEN THE NORTHERN MOST DRIVEWAY AND THE SOUTHERN
SCHOOL PROPERTY LINE AND REPOST WITH "SCHOOL PASSENGER
LOADING ZONE 7 A.M. - 4 P.M., SCHOOL DAYS"
6.6 AUTHORIZED THE CITY MANAGER TO APPROVE ADDITIONAL
PURCHASE ORDERS FOR ON-CALL CIVIL ENGINEERING PLAN
CHECKING AND INSPECTION SERVICES OF BRYAN A_ STIRRAT &
ASSOCIATES FOR EXISTING PROJECTS - in an amount not -to -
exceed $21,040.55 through FY 99-2000.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.5 EXTENSION OF VENDOR PRINTING SERVICES FOR COMMUNITY
NEWSLETTER AND RECREATION GUIDE - Under purchasing
guidelines, awards for services to a single vender shall
not exceed $10,000 without prior authorization from
Council. Requests for quotations for printing the
Community Newsletter and Recreation Guide are usually
sent to approximately six qualified vendors. This FY,
there has been two vendors that have consistently
submitted the lowest bids. Due to the nature of the
task, and the process involved in selecting the vendor
with the lowest qualified bid, it is quite possible that
a qualified vendor could become the winning bidder more
than once during the year. Thus, a single vendor could
exceed the $10,000 limit.
Moved by C/Ansari, seconded by C/Herrera to authorize
additional work to be performed by Graphics United (the
MARCH 16, 1999 PAGE 6
lowest qualified bidder) so that this company can proceed
with the printing of the Spring issue of the Community
Newsletter and Recreation Guide. The total amount awarded
to this vendor for services rendered this FY shall not
exceed $20,000. Motion carried 5-0 by Roll Call vote.
MATTER TAKEN OUT OF ORDER:
8.4 LANTERMAN DEVELOPMENTAL CENTER'S SERVICES EXPANSION
PROJECT - Discussion of the process for planning and
project review.
Don Gravdahl - Everything involved in the EIR is reported
as within the City of Pomona. Why didn't the City of
D.B. address the traffic issue?
Sue Sisk, 1087 Flintlock Rd. - no one has mentioned
another alternative. No other suggestions were made by
the City but should have been made. Looking for copies
of the budget for this plan.
Bob Watts - appealed to Council to seek other
alternatives. Concerned about public safety and
declining property values.
Mr. Farrell - Concerned that Council did not consider
that those living closest to the facility might wish to
have some input.
Art O'Daly - 21405 Falcons View Dr. - suggested that the
audience consider the needs of the patients, rather than
taking a "not in my back yard" approach.
Mrs. Sisk - We're only talking about patients that have
committed crimes but were not on trial for them because
of their mental instability. Not speaking against the
current clientele.
Verna McHale - Concerned about the public safety issues
and requested that the matter be continued to another
date when the residents can be informed.
Jennifer Hoey, 114 Clouds Rest Dr. - Council has not
properly notified the public of this matter.
Dr. Lawrence Rhodes - Suggested that Council hold a
special meeting for area residents. Forensic patients
will not be outside the facility unescorted. Wants to
work with the people in the area so that they understand
that the proposed patients cannot and will not be
released from the facility.
MARCH 16, 1999 PAGE 7
Mrs. Figueroa - Ruth Maple stated that Lanterman had
posted the information in a number of different places;
however, they completely ignored D.B. Insisted that
Council make some effort to stop this situation.
Jim DeFreese - Asked what Council will do from this point
forward, will Council support the community and see to it
that this project is moved elsewhere?
CM/Belanger - Most questions relate to alternatives.
Staff will proceed with finding alternatives if that is
Council's direction.
C/Huff moved, seconded by C/Ansari to form a Task Force
immediately with members appointed by each Council
Member. The State has already indicated that this
proposal will happen. We need to look into what has to
be done to make the facility safe. Motion carried 5-0 by
Roll Call vote.
C/Herrera suggested that interested parties can indicate
their interest to a staff member.
C/O'Connor suggested that other members of the public
should contact City Hall to join the Task Force.
RECESS: 8:05 P.M.
RECONVENE: 8:25 p.m.
7. PUBLIC HEARINGS: None.
8. OLD BUSINESS:
8.1 RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR DENYING AN EXTENSION OF TIME
FOR TENTATIVE TRACT MAP NO. 51253, CONDITIONAL USE PERMIT
92-12 AND OAK TREE PERMIT NO. 92-9 FOR PROPERTY LOCATED
EAST OF MORNING SUN AVENUE AND NORTH OF PATHFINDER ROAD
- Continued from March 2, 1999.
Martha Bruske - Review tape of Council meeting of May 17,
1995 - Council approved the project on land that was
sliding at the time.
CM/Belanger pointed out that it was a different City
Council and that the one Council Member present at that
time voted against the project.
Jan Dabney - Patel asked him to modify his project by
reducing the impact to the blueline stream and the amount
of tree removal was reduced, etc. School District's
MARCH 16, 1999 PAGE 8
concerns would not be a part of the new project. Reduced
to 16 lots. The 17th lot, increased to 46,000 sq. ft.,
will be transferred to the School District. Offsite
grading was reduced from 3 acres to 1 acre.
Moved by C/Huff, seconded by MPT/O'Connor to continue the
matter to April 6, 1999 to allow staff time to review the
proposed changes. Motion carried 4-0 by Roll Call vote
(C/Herrera voted no).
8.2 MATTER OF APPOINTMENT OF TWO DELEGATES AND ONE ALTERNATE
TO THE TRES HERMANOS CONSERVATION AUTHORITY BOARD OF
DIRECTORS - Continued from March 2, 1999. The City
Councils of D.B. and Chino Hills have entered into a
Joint Exercise of Powers Agreement which forms the Tres
Hermanos Conservation Authority. The THCA/JPA provides
for each City to have two members on the Board of
Directors and one alternate.
Moved by C/Ansari, seconded by MPT/O'Connor to appoint
C/Herrera and C/Huff as delegates and M/Chang as
alternate to the Tres Hermanos Conservation Authority
Board of Directors. Motion carried 5-0 by Roll Call vote.
8.3 PRESENTATION BY SHERIFF STAFF REGARDING RESULTS OF
INCREASED PATROLS IN THE VICINITY OF D.B. SCHOOLS
Deputy Tim Perkins gave the report.
9. NEW BUSINESS:
9.1 RESOLUTION NO. 99-16: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING ADVANCE AND
REIMBURSEMENT AGREEMENT NO. 12 WITH THE DIAMOND BAR
REDEVELOPMENT AGENCY - To fund the Redevelopment Agency's
agreement with Diamond Bar Partners, L.L.C. for
construction of two office buildings on Lots 22 and 23,
Tract 39679, Gateway Corporate Center in the amount of
$1,400,000.
Moved by MPT/O'Connor, seconded by C/Ansari to adopt
Resolution No. 99 -XX Approving Advance and Reimbursement
Agreement No. 12 with the Redevelopment Agency in the
amount of $1,400,000. Motion carried 5-0 by Roll Call
vote.
9.2 INCREASE IN DIAMOND RIDE FARES FOR ONTARIO AIRPORT AND
FULLERTON AMTRAK STATION - At the March 2, 1999 City
Council Meeting, the City Council entered into a contract
with Diversified Paratransit Inc., for Dial -A -Cab
services (Diamond Ride). The Diamond Ride service
boundaries are Arrow Hwy. To the north; Imperial
Hwy./Carbon Canyon Rd. to the south; Central Ave. to the
MARCH 16, 1999 PAGE 9
east; Hacienda Blvd./Amar/Sunset to the west; and a list
of additional designated facilities. The majority of the
additional designated facilities are medical facilities.
In addition to the medical facilities, the Ontario
Airport and Fullerton Amtrak Station are eligible
destinations for $1.50. Due to the location and expense
of the two destinations, the City Council discussed the
locations. The average net cost to the City for the taxi
services to these places is approximately $31.00.
Moved by C/Ansari, seconded by C/Huff to raise the fare
to Ontario Airport and Fullerton Amtrak Station from
$1.50 per trip to $5.00 per trip. Motion carried 3-2
(MPT/O'Connor and M/Chang voted no).
RECESS TO REDEVELOPMENT AGENCY: 9:43 p.m.
1. CALL TO ORDER: Chairman Ansari called the Redevelopment
Agency meeting to order at 9:43 p.m. in the South Coast Air
Quality Management District, 21865 E. Copley Dr., Diamond Bar,
CA.
ROLL CALL: Agency Members Chang, Herrera, O'Connor,
VC/Huff, Chair/Ansari
Also present were: Terrence L. Belanger, Executive Director;
Mike Jenkins, Agency Attorney; James DeStefano, Deputy City
Manager; David Liu, Deputy Public Works Director; Bob Rose,
Community Services Director, Mike Nelson, Communications &
Marketing Director; Linda Magnuson, Finance Director and Lynda
Burgess, Agency Secretary.
2. PUBLIC C0NM1ENTS: None
3. CONSENT CALENDAR: Moved by AM/Herrera, seconded by AM/Chang
to approve the Consent Calendar. Motion carried 5-0 by Roll
Call vote (AM/Herrera and VC/Huff abstained from approval of
3.1).
3.1 APPROVED MINUTES - Regular Meeting of March 2, 1999 - As
submitted.
4. PUBLIC HEARINGS: None
5. OLD BUSINESS: None
6. NEW BUSINESS:
6.1 RESOLUTION NO. RA99-03: A RESOLUTION OF THE DIAMOND BAR
REDEVELOPMENT AGENCY APPROVING ADVANCE AND REIMBURSEMENT
AGREEMENT NUMBER 12 WITH THE CITY OF DIAMOND BAR - To
fiend the RPdPVPI onmPnt Aap.nc-v' s aarPPment with Di amend
MARCH 16, 1999 PAGE 10
Bar Partners, L.L.C. for construction of two office
buildings on Lots 22 and 23, Tract 39679, Gateway
Corporate Center in the amount of $1,400,000.
Moved by VC/Huff, seconded by AM/O'Connor to adopt
Resolution No. RA99-XX Approving Advance and
Reimbursement Agreement No. 12 with the City of D.B. in
the amount of $1,400,000.
7. AGENCY MEMBER COMMENTS:
REDEVELOPMENT AGENCY ADJOURNMENT: There being no further business
to conduct, Chair/Ansari adjourned the meeting at 9:52 p.m.
RECONVENE CITY COUNCIL MEETING: 9:52 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS:
11. CITY COUNCIL COMMENTS:
12. ADJOURNMENT: There being no further business to
conduct, M/Chang adjourned the meeting at 10:23 p.m.
CITY OF DIAMOND BAR
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager ` `` 6
SUBJECT: Lanterman Developmental Center's Services Expansion Project
DATE: March 11, 1999
Mayor Pro Tem Debby O'Connor has requested the following documentation regarding the
Lanterman Developmental Center's Services Expansion Project. The documents have been
provided for your review.
Attachment "A"
Pertinent Legislation Information
Attachment `B"
Initial Study for Lanterman Developmental Center Improvements
Attachment "C"
Minutes for December 15, 1998, City Council Meeting/Creation of
Lanterman Expansion Committee
Attachment "D"
List of Meetings for the Lanterman Expansion Project Advisory Committee
Attachment "E"
Agenda for April 15, 1998 Committee Meeting
Attachment "F"
Agenda for June 19, 1998 Committee Meeting
Attachment "G"
Agenda for July 14, 1998 Committee Meeting
Attachment "H"
Agenda for September 22, 1998 Committee Meeting
Attachment "I"
Agenda for January 21, 1999 Committee Meeting
Attachment "J"
Report from the County of Los Angeles Sheriff's Department (8/14/1998)
MEMORANDUM
To: Terrence Belanger, City Manager
From: Steven Tamaya, Communications & Marketing Coordinator
Re: Lanterman Developmental Center Legislation
The proposed project at Lanterman Developmental Center was approved as part
of the 1998-99 State Budget last summer. Both an earlier and the final version of the
State Budget Act contain the funding appropriation for the project as well as language
that can be interpreted as a mandate from the Legislature.
The mandate language reads as follows:
"The State Department of Developmental Services shall, on or before January 1,
1999, provide the Legislature with a comprehensive plan for providing housing and
treatment services to individuals with developmental disabilities who are eligible for
services under the Lanterman Developmental Disabilities Services Act (Div. 4.5,
(commencing with Sec. 4500) Welfare & Institutions Code) and who have had a
confrontation, or been arrested by, law enforcement officials, or who have intensive
behavioral treatment needs. This plan shall include options regarding the viability of
providing additional beds at Porterville and Lanterman Developmental Centers, as
well as beds at Agnews Developmental Center."
Attached is a copy of Page 78 from a Supplemental Report of the 1998-99 Budget
Act, which partially breaks down the $4,992,000 cost of the proposed project. It also
discusses a construction and design schedule.
Because of the budget impasses, several votes were taken on various budget bills.
Then -Assemblyman Gary Miller initially voted against the Assembly version, AB 1656
(Ducheny), in the spring. But Miller later voted for the entire legislation when the
impassse was broken in August. Senator Dick Mountjoy voted against all budget
versions, including SB1391, the Senate budget bill.
It should be noted that the Legislature was never asked to vote just on the
Lanterman project. That was incorporated into the entire budget. Assembly and Senate
budget committees deal with these expenditures as budget items, not separate bills. For
example, the Lanterman project is listed as Capital Outlay Item 4300-301-0001. The
number 4300 is the code for expenditures related to the Department of Developmental
Services.
At the March 2 City Council meeting, references were also made to separate
legislation which required the installation of security measures/improvements at
Lanterman to accommodate the new forensic patients
The law was actually the product of two 1996 bills, SB 1391 (no relation to the
1998 Senate Budget Act) and AB 2104, which were "inspired" by separate incidents in
Northern California involving escapes from unsecured developmental centers.
I am attaching selected summary pages from the law, which amends Penal Code
Section 1370.1. Quoting from the introduction page, Penal Code Section 1370.1 "applies
to a person who is incompetent to stand trial as a result of a developmental disability, and
a person who is incompetent to stand trial as a result of a mental disorder, but is also
developmentally disabled."
The relevant clause of the 1996 law appears to be Part (a) (1) (E) of Penal Code
Section 1370.1, which stipulates that a person who qualifies under Penal Code Section
1370.1 may not be placed in a developmental center unless it has a "a secured perimeter"
and is a "locked and controlled treatment facility." If you notice the summary comments
on the side, the legislation does not define those terms. So the decision on adding how
many observation towers, fences, security personnel, etc. appears to be left up to the
Department of Developmental Services.
Much of the law also appears to be devoted to giving greater consideration of
public safety when such placements are being decided.
Prior to 1996, Penal Code Section 1370.1 did not address the security of
developmental centers or a criteria for placement based on public safety concerns.
12/23/99 IUU 16:30 FAX 916 664 3666 QApyg
Ibrn 4260.301-0660.-Dopertmen! of HOSM Sw-f-W CP�1 Outlay
i ee�P�atIIRyLaeanitF•�e�aif:108,416,000is
pQtnided to =wteod VUW gree sten feat w of labacotociat;10Gr000 5d for
cffta9�aae... -. -- sacdefleftasd9gdov a2D,=1pf".buOdoutof
2x,760pffieaNlteldareIp:a- I eadreialadtd*derabopao*IUse�trdudes
SgLg3A00 (C= 3377 >�= rseaLban tD tib& st of mukacdco) tar c=#&uctian
S4,681AWiiora0� "pis ty%i9,70,D00 aontr�l ds act g,:�d
ad be coepieled by AuS+*
Ilam 430001-0001--Oeperbnent of Devetopmerttal Senriceg-
1 Outlay
Ls-,Ffi�e�fLi/icSaisl�►Ln�i,BoAM+{SK�ea�uvttettofS171.000isPmCd
ioe plans tK9and wool ft dean kW (MM) to kwftU &* dampers
a pareb at ooMdaa a*cent 10 detpmg WM in acder to coueat code
ddted by the fto Ph* b MhNL Tlo a duated Mm o wftcdm cost, are
S90LOM Badu ft SPS/.000 (COLI &V4 far aoestmcaw coutac4, 653=0 foe
aontlngs�cp ead594,000far. w dI'Pat,-Pr'dbrinY
plans wM been is AoSW 1901 and be ooaip>eted by Octobw 1996. Waxes drawinp
wM bei in Na emba 1946 vod he ca Tkftd by Feb$ j&T 1999• Constrocaan wM
bogie, by Angug /91+9 and be as *Mod by Deowim 2000.
2 LaxenxMx_Sscaky.IVwoeew=t& 'Rte aawaat of p.'A2A00 is provided for
slimbtarlrpIMM Mwod3niduwinssI5260.000i.ti+daonrtea�oatSa�84000)
� ,acmMy jw fwmw s 0 povfdr 75 facwAc beds and S3 beb&vfmd b*6. Tho
�indstdesaveieyl�'�d�. asapf►por� fouet obsenaiionrowers aad a gaud
aoaWbuUdb&adaWl#ti*tW*40W aNMMC'-P r'Esfcca'Y
pwMd:bma notice uP aep=fty sar w*, and zbling.
The amvonclaceonstirnct�•;ndudeslgeMlr6.0o0iC:Got3T�toreoa�stnu�onoontraets.
1120,o0o far aey. •ad $392/000 for aoetract a+�aor~, testingr .nct
hambwypkw wMb+J* 1996 and be =wooed by Naven*a
dng
1998. wadd wing wf>1 bgonh► ba 1996 and be a0mpldsdbyMateh 1944.
C'.a wbixdw wi0 bs in by jure 1919 and be oo VId@d by February 2000.
3. ForbroriRL- 4it Cotter MI& M*M Tag =Wunt of S14LWC is PaMaad htt
pr9bbacy pbm 962XM end *"eddo8 drawing ($82.000) to hoaiu an it ind
e+►apaQati►t�f eystea+to ffiematnldbci►at.ii�e�tedtva�. aort+:Zwcetv�++�
are 3967,000, hwIwWq 383•M (CCCI 3M far a wuucdm cont sm. MAM for
caznWmy.wdalAOoiwcmtrutaadmimslratl^ utdkwpecdmr> narY
plans win begin kk August 1993and be eompkftd byDecaaber 1998. Waddog drawings
ft YS
w VV•
INTRODUCTION
Senate Bill 1391 (Johnston) and Assembly Bill 2104 (Machado) were signed
into law by Govemor Pete Wilson on September 27, 1996. The amendments are
effective January 1, 1997, to be applied to defendants judicially committed on or after
that date. S8 1391 and AS 2104 amend sections 1370 1370.1 and 11105 of the
Penal Code and seftna 4800, 41r0l. 8500, 9504.5. 6506, 6509, 6513 and 7323 of
the Welfare and Institutions Code.
Penal Code section 1370 applies to a person who is charged with a felony and
is incompetent to stand trial as a result of a mental disorder. Section 1370.1 of the
Penal Code applies to a person who Is incompetent to stand trial as a result of a
developmental disability and a person who is incompetent to stand tripi as a result of a
mental disorder, but is also dewloprrtentally disabled.
The comments which accompany the legislative changes are intended to
highlight and clarify the significant differences from -former law. The comments should
not be used as authority on the revised sections or as guidelines for their -
implementabon. Rather, the comments should be viewed as a summary of ideas to
consider in working with the new laws.
Note: On the foaowin9 pages, undsrGned mg indicates rewsed lsnguspe, ssreritics (' • •) kWiost�
ornittsd la guo9e, and bold pme indiates explanations of the revisions.
'0' d S00' ON 4n: cT 66, TT JPW ct,-s?
Penal Code Section .9370.1
13'" OeneMWIMM dlsabft of
dNendant; procadun
(s) (1) (A) if the dftndsnt Is lbune MWg* COMpebnt, da criminal
process 940 sauna, the trial an tfte Me we charged shall proceed.
and judprnertt nay be pmuffmod.
(8) If tits deNndant is bund nm" kmwr4NVm and is
the deNndwg h-mA lrae �� t shah be suspended und7
(9 Emept as p fidw in cause (J a (m), tta Court shah consider a
rem."«40M br ptaC nft ~ hwnnandMbn shad be mods
m the Cowl by the dk@M of a repionat Gamer or d*Wpm. to ea
1e. the swam slat) mw eat ea "we* trrcornpsw t defendant
be darrarad by the sh wW or a#W parson by ft Mn b a
Note br the aro one Vfttmenc of the
by era dkaeeor of e r ae'er'rsr"
ftabild �etabNeNad under niris��Stirrter - e1e °idh SeMon
4tiw) of the N+i.ahr. ane I (0011�""'Q"e'""tl' 3sceion
raaM+rorts Coda as we pomoa ft
a of "' oongeeenCo. or be Oscod on
1 S (0° 0 wilA 8aetlon ft 1600) C U cdc ti 1370.4 and Title
2.
MI imrliwn aeainaf
29A r1r r.. � -
mbndmt MR"* v the
if
Am
also= loft Aw UILAM
Quad" mom
Aid
The pseeesu&V suoeney is
*& f hd �1� wlather
��en so"
ftnu
or whwm There we pNIdMO
I+WWsadbrpo under tassel Cede
81 WON 128L (aft the App o t for
a e y of ewlarse wed vfbK
$SWOu 2W4 Atltar.tthe haUhl$ the
eOu" NOW delN INIM0 the appreprlft
0200110004 Thta Mra" the dens with
the m 8-domwfwp,�m isn't
III by ft review Gr wider
Crede eseltioll 124L The
proug " of a* helm and so" of
the cim� mW be ane go&
.Of) Cnn•oN ,n.CT
tiF. TT J2bJ ?CCT I - T • 173
W) The me Shan tmnmit-, cm of its
dkoctor-orto the mgimal cmmr
�,d ee M� -• �- - - Thf OOuR ienda OrdM t0 Vw
fOlkMl Cwdw and 10 the oxo@ m
dl edw of the dnrnbpnlNlfal eanar
or atale bO*Pft .
fieihnr ew e.ru....a k, ■ ,�,.. hee� he inThh aeOtleA impeaae agum P
nrsonr aad an acne
faoiNtlee. The 1wn�a "seeund
P"W"W" and'loolad and
cone"" aeabnant faoilly swo
net &ftW In y
ate, fug" vrhkh my
MOMMeWhiklondell SfAW
and".
nn•,a ;nn• ON .)n: CT Fr TT JP
W —C'0"—QGC—hT I — T 17 1 •J7 r1.17'1 nen ..,...-.._.
Welfare and Institutions Code Section 6504.5
UU.S Examination; report
5304.5. WMnver a petition is tiled Pursuant to this article, the court
shay appoint the director of s regional Contar for the dsvelopmentaly
disabled established under Division 4.5 of this code. or the designee of
the director. to examine the susgad mentaly retarded peen,
WkW 15 judicial days alter his or her appofntrner►t. the regional center
director or des4pm sMft aNbrrNt to the court in wftj a report
containing his or her evakWUM of the a19d Men" retarded person.
The report shag .contain s -em v w4ftn of a fad* or hdM es in
which the Waged developmentally, disabled person may be placed.
The report shag include a description of the W" restrictive residential
plaeernerlt ntCessafy 10 schim the Purposes of treatmantjp
K the regional center in
recommm e 1-0
NUMKLMDbat Ghmn
dwelopens 1-1 center
admission, a copy of the
din=r or
report must be sent to the
executive director of the
lop -6 celiter. TM
Mft 14
executtw director has the
pain
am m(Amma MW MMt submit to the cou"A
option of regm "to the
oovK regarding the
the d� M111=11111 at balm AK this mrsanialLvillimill!
emoml nondemon wwdn 16
security
days. (Reim to WNhre and
toMONMI 22 RLM health and
ImMutioris Code Section
WMadam
This ehanEe »Asea an
^�-- increased conosrll-for public
Safety reprdInE piseement
Issue for these IndkWunia.
The judge will make aha flnel
determituttion of adequate
Security meesufes based on
bNorn stion he or she has
naeived from the pubpe
defefider or dietriat moortjmV
24
cn' A cnn' oN Rn' 0T _ FFA TT JPW 7CCb_OGC-hT �.T • 171 'j731 X17'1 • n AIu11v11 i,Iu1
Welfare and Institutions Code 6506
SM Cusody; can and I ralmmm pending haawing;
order of aourt; ml OR
ONIZ. Pending the how". the court may order that the aneged
dangerous MMIlly raft Person may be left in the chugs, of his or
her panant, guardian, conservator, or other sw=* Person. or plead in
a :tato hospiW for the devaioprmt* disabled, in the county
psychistnc hospital.
or in mw other I --
WAAAM Prior to ft issuanDs of an order, under ten section. the
ngil:" center and coffer d applicable shoe rsconxnend
to the court a suWA porsah or %oft to we ler the alleged mantaily
Pending the hearing. the Court nhsy order that the person roceiw
necessary haMbdion. Cara, and torment indhrdirg medical and ��
NMI b+eatrrhant
Orders made pursuant to this section shall expire at the time sat tar
the (hewing Pursuant to Section 6603. It the taut upon a showing of
good =use grants a continuance of IM now" on the malice. it shat
ardor that the person be detained pura+ant to this section until the
heating on the petition is Mid.
25
Revised :cation Geos
provides the court additional
FUDR fig to Flaw an
person w"m the Court
deers,- saleable, while Bull
WAMMM" posoM interim
ptownhsimm. IM OR
eohm sa a pothers of Heerlen
oSQ4.li -A raw prmAdn
tat a devslapn0htfal Censor
repod lobe reviewed by the
court If piacashat-91homn b
Rn ----WW Nola tient tho
report by pia dewloptlNneal
Denier MR is powdesive
rnow than naandatoey. This
repot by rsgiawhd anter .
staff is a aimaim ty. session
tm now ndulrw ribs, court
to aorMmol ar OW POM lanky
In addldm to ehho passe!
VOMMM nseda b aaleding
a suitable FleoNee I - Nota
tMt the fbad " rsgdirsd in
Ibe itst s ialahw of dw first
pa ■ph of :action 11 011
should refer to Ponsl Coda
stCtorh 1371LI (s)(10)
IrMesad of secthm 1370.1
(SIX( f.
On* �J CnO' ON rn- CT Fr, T T AP[-] 7CCri_0FC_"T i _T •"171 'J7 1 nil-) • AM(T I �iu-1
IS/ND FOR LANTERMAN
AL CENTER IMPROVEMENTS IN POMONA
1.0 INTRODUCTION AND BACKGROUND
This Initial Study has been prepared in accordance with the California Environmental Qualm- ACT (CEQ.A).
Public Resources Code Sections 21000 et seq. and the Srare CEO.4 Grudelnres. California Code o
Regulations Sections 15000 et seq.
The State of California has a commitment to provide services and supports to individuals with
developmental disabilities throughout their lifetime. The California Department ofDee,eiopmental Services
(DDS) provides leadership and funding for these services and supports through
Developmental Centers and contracts with 21 private non-profit Regional Centers providing case
manasrement and assistance in community resource development. DDS operates five State Developmental
Centers throughout the State. The Developmental Centers provide intensive training and residential serv'
icessere'
to individuals whose needs cannot readily be met by available community-based services Developmental
Centers accept admissions on referral from the Regional Centers or commitments through the pudicial
system. The Lanterman Developmental Center (LDC) in Los Angeles County is one of the five State
Developmental Centers. The other four are the Sonoma Developmental Center in Sonoma Count
Developmental Center in Santa Clara County. Fairview Developmental Center in Orange Countynand
Porteryille Developmental Center in Tulare County.
The vast maiorit• of clients placed in developmental centers are referred for admission Via the Regional
Center System due to their developmental disability. The small population designated as forensic may be
classified b,• the type of commitment proceedings for their admission
forensic copulation consists to a State Developmental Center. of a small percent of people with mental retardation and other developmentalThe
disabilities who exhibit more serious behavior problems and who may have been involved in the imi
Justice s%•stem This group of developmentaliv disabled persons is more likely to have mild or borderline
e
mental retardation. psychiatric or emotional problems. and be overall fairly healthy and able to perform some
gel' -care.
leisure. and cork skills The behaviors that send them to a developmental center may not occur
t ma% be serious when they do occur The forensic client requires consistent and reliable
indr taua! ceiermination of appropriate security levels in the least restrictive setting.
it, Sindr,;duals who receive forensic services from DDS Porte►ville Developmental Chentea servesere re 188"persor.> I,-,ecure Forensic Program (240 -bed capacity) DDS also contracts with the Department of
Menta; Healin tc) operate a forensic program for 1 18 indniduals with developmental disabili
State Hoscitai ties at Napa
There are two bask types of admission procedures a civil admission or a judicial commitment. Civil
admissions result when a person is found to be developmentally disabled or a danger to themselves or others,
based on provisions in the Welfare & Institutions Code. The Judicially Committed or Penal Code (JC/PC
commitments are often referred to as forensic commitments and result when a person allegedly. or in fact)
commits a crime and is subsequently found incompetent to stand trial or to participate in court proceedings
due to his or her developmental disability, _
2.0 EXISTI'VG CONDITIONS AT LANTERMAN DEVELOPMENTAL CENTER
Under existing conditions, all individuals served at Lanterman Developmental Center (LDC) have
evelopmental�disabilities, which are defined as mental retardation, cerebral palsy, epile s auris
onditions closely related to mental retardation or requiringtreatment.
p S m, or
lex or
serious medical and/or behavioral service needs, which require is concentration tof sery services and expertise, ents have p
includin'-' a highly -structured 24-hour program. The Center has operated at its current location for more than
ISIND FOR LANTERMAN DEVELOPMENTAL CENTER IMPROVEMENTS IN POMONA
70 vears and in recent years has provided service to primarily severely and profoundly mentaliv retarded
individuals. Currently, LDC admits only low security risk clients from other Developmental Centers. the
Regional Center system, and occasionally via a court order (generally initiated by a Regional Center) All
are noxi -forensic admissions.
3.0 PROJECT LOCATION AND SETTING
LDC is located near the southwest corner of Temple Avenue and SR 57 (Orange Freeway) in the Cite of
Pomona. Access to the center is provided via Pomona Boulevard on the north and Diamond Bar Boulevard
on the south. Figure 1 shows the regional location of the project site. The proposed improvements would
be confined to the west end of LDC. Figure 2 shows the project site and the general vicinity Figure 3
shows the location of existine uses at LDC.
LDC facilities are situated on flat terrain, but bordered by hilly terrain at the Centers south. east. and west
perimeters. Metrolink and union Pacific railroad right-of-way and the San Jose Creek storm drain channel
extend east to west through the grounds at the north end of the Center. The hilly terrain. SR 57, Pomona
Boulevard, and Temple Avenue serve as buffers between the complex and outside development. A park-
and-ride lot is located on hieh ground between the center's southern properry boundary and SR 57 An
LDC -operated day care center that serves infants and children of LDC employees and parents in the
community is located at the northeast end of Circle Drive (see Figure 3).
Development in the surroundir_g area includes commercial. industrial. and residential development. The
nearest off-site residential units to the proposed improvements are a mobile home park approximately 1500
feet to the north across Pomona Boulevard. and residential neighborhoods approximately 1. 100 feet to the
k%est and approximately 2.000 feet to the south across SR 57. The nearest on-site uses to the proposed
improvements include adjacent client housing. a staff house, the school complex that serves adult clients.
and Rustic Camp and A T Richardson Park. both of which serve clients and visitors
4.0 PURPOSE OF THE PROPOSED PROJECT
The purpose of the project is to accommodate transfers of existing DDS forensic clients who will be affected
by the closure of the developmental disabilities program at Napa State Hospital Depending upon the
assessed programmatic and secunty needs of each Individual, transfers to LDC could also come from other
developmental centers. LDC is the proposed site because it is the only developmental center with sufficient,
isolated space to accommodate distinct forensic and behavioral populations. In accordance with the
Lanterman Developmental Center Act, the proposed project would provide services to individuals within
proximity to their support network of families and friends and place of residence.
5.0 PROPOSED PROJECT
The State of California (State), Department of General Services. proposes to install facilities and security
improvements on the grounds of LDC to accommodate transfers of forensic and specialized behavioral
treatment programs from Napa State Hospital, other developmental centers. and new admissions Figures
4a. 4b, 4c. and 4d show the proposed site plan for both programs. The following; text provides a description
of each program.
initial Stud%. Pacc
IS/ND FOR LANT'ERMAN DEVELOPMENTAL CENTER IMPROVEMENTS 1T POMONA
5.1 Forensic Program
The Forensic Program would serve a maximum of 75 clients. Most individuals served in the Forensic
Program would be persons who have had some involvement with the criminal justice system and who have
been placed with DDS due to being diagnosed as having a developmental disability. All residents of the
proposed Forensic Program would require specialized and secure treatment services. Staffing would entail
an average of one staff person per client or approximately 75 new employees, assuming full client occupancy
of the program. The program would also require approximately 30 to 48 new police officers on site.
The program would occupy Buildings 26, 27, and 28 and adjacent grounds between Fire Road and Diamond
Bar Road. A new day training activity center (D.T.A.C.) building would be built between building*s a and
27. Double secunty fencing would be installed around the perimeter of Buildings 26. 27. and 28 and the
D.T.A.C. building. A sallyportiobservation control building would occupy space immediately east of
Buildin<_ 26 and three observation buildings would be stationed on hillv terrain around the outside perimeter
of the secunty fencing. A new interior road would be placed inside the security fencin_ between Diamond
Bar Road and Buildings 26, 27, and 28. Approximately 10 existing employee and visitor parkin_= spaces
alon_ Diamond Bar Road would be removed. Replacement parking would be provided elsewhere at LDC.
5.3 Security Procedures
The proposed programs would serve persons with moderate security risks from Napa State Hospital. other
developmental centers, and directly from the courts. To determine the level of supervision and security
needed by each client, LDC would conduct security assessments prior to admission. Stafffrom LDC would
conduct an evaluation of each client that would involve a comprehensive risk assessment protocol involving
the client. the entire Interdisciplinary Treatment Team, interested family, and the Regional Center. Based
on this. a client escort ratio and a determination of risk to community safety and unauthorized leave will be
determined for each client. The client escort ratio would be reviewed and approved by the Program Director
and LDC Police for implementation. Throughout a persons stay at LDC, a Security Risk Assessment
Protocol. escort ratio rating, and clinical interdisciplinary team analysis would be completed to determine
the level of security required to protect the person. staff, and the community. Additional security would be
emploved to ensure the integrity of the necessary secunty Persons whose overall risk analvsis indicates a
hash security risk would be immediately referred back to the committing court. In the interim the person
«ould remain in the custodv of staff, with security provided at a level that would prevent any potential harm
to self. others. or the community.
" Y 1\
DECEMBER 15, 1998
PAGE 9
L.A. County City Selection Committee Chang/O'Connor
San Gabriel Valley Economic Partnership
of Commerce & Cities Ansari/Herrera
Greater L.A. County Vector Control District MacBride
So. Calif. Assn. of Governments (SCAG) Chang/O'Connor
Wildlife Corridor Cons. Authority (WCCA) O'Connor/Huff
CITY COUNCIL AD HOC COMMITTEES
Finance
Herrera/O'Connor
City On Line Technical
O'Connor/Huff
Cable TV Franchise
Herrera/Chang
Sister City
Huff/Ansari
WVUSD/City
Huff/Ansari
PUSD/City
O'Connor/Chang
Economic Development
Chang/Herrera
Redevelopment
Ansari/Huff
City Council Goals/City Manager Evaluation
Chang/O'Connor
Liaison Committee to Surrounding Cities
Chang/Herrera
Chamber of Commerce Liaison
O'Connor/Ansari
Senior Citizen Liaison
Ansari/Herrera
Legislative
Ansari/Herrera
City Anniversary Liaison
O'Connor
Lanterman Expansion
Herrera/O'Connor
Community/Civic Center Task Force
Huff/O'Connor
RECESS TO REDEVELOPMENT AGENCY MEETING: 10:55 P.M.
RECONVENE CITY COUNCIL MEETING: M/Chang reconvened the City
Council meeting at 11:00 p.m.
10. COUNCIL SUB -COMMITTEE REPORTS AND COUNCIL MEMBER
COMMENTS:
C/Herrera thanked the Mayor for her committee assignments. She looked forward
to participating on behalf of the City. She commented that the relationship among
the cities of Chino Hills, City of Industry and D.B. is improving and expects that a
Joint Powers Agreement will be approved and that a Memorandum of
Understanding is forthcoming. She thanked C/Huff for his perseverance in pursuing
a JPA.
C/Huff stated that on December 4, he and MPT/O'Connor played golf on behalf of
the YMCA and attended swearing-in ceremonies for Sheriff Lee Baca on December
7. Also on December 7, he initiated a study through the Council of Governments
regarding the impacts of increased port capacity to the San Gabriel Valley which
led to an implementation plan to mitigate increased traffic. He was appointed by the
COG to be a member of the Construction Authority of the JPA of the corridor cities,
!!ATF Of GALIF00MA - HEALTH AND HUMAN IERVKU AGENCY - OepApr"ACW 0: DEyIR.OpMlNTAL SERV IMS GRAY DAVIS. GOYlrtIOf
3330 WEST POMONA BOULEVARD
P. O. BOX 100
POMONA, CA 91769-0100
TELEPHONE: (909) 695-1221
LANT TDD- (909) 596-971
FAX: (909) 696-0152
nn•; -;T"FJf01i
Niarch 2, 1999
Meetings of the Lanterman Expansion Project Advisory Committee:
Meettina Date Attended By
April 15, 1998 Carol Herrera
Terry Belanger
June 19, 1998 Debby O'Connor
Terry Belanger
July 14, 1998 Debby O'Connor
Teary Belanger
Sept. 22, 1998 Terry Belanger
January 21, 1999 Debby O'Connor
Terry Belanger
"ReakmgpMnkals, providing opportwdan"
1-7
OU
INFORMATIONAL MEETING s`D
Agenda (Proposed)
April 15, 1998
6:30 p.m.
✓Descrintion/Purnose tv
�•� Jt' V►✓ Department of Developmental Services: 7N rn 0 NA
✓History of LDC
C�
✓ Population
✓ Services
-"'Current Programs l5
�
.4�dX�w A�Ut'ff •—M4otWr4 s�,uv1czs qq°� Population
Program � � ft Sr � L i .r•y
+� N� Fv4•
✓ Staffing ! w. r�►ev► ne c,41� GK+Iv i ty JsT
. scsw'�.�t -ty„��N►�,.r tYtc�tL � i"1 �,lv
•5��c.`'� kv ✓Proposed Eanansion
0 'C � Decisiono�M�
SG.�v, P fi Population: Forensic; Behavior ,1-JPC
C'"f Definition: Forensic; Behavior
T YzA' `1 Number of Clients • A 40gk, 'RpTeo wri vii
• S v f Classification system NAPA; >eviu
Security/location
.l Staffing
.% Training
14 ✓ Treatment Program
r Impact
Families
Community
Facility
+' People with Developmental Disabilities
uestions
kl�NkC/�qd �j
CA (, PO >r`A p 1 0 ,
NAM tjL S
130D
a Akbh1 rl oN5
5 u t "2-A c^DAIs
. P�mg� DIA67�4s�9:
. r1n�w'rA•L ���
FLAM CA v rf-r P WOKS
�'S� 12/ITz1
�'C�1fj'►Y'n T
� �O rM1l►�
� r<i•.wn
V -VA.
•, Yvt�►-�
(�. i�' e1
�! '"Welcome
/Profiles of Forensic Clients
T Admission Procedures
-/Update on the Development of
)w Classification System
)9' Policy Manual
X Expansion Project Task Information Forms
-Report from Sacramento
X Security Measures
Current Bids
-Advice / Suggestions from Committee Members
re Frequency of Future Meetings / Dates
7. Adjourn
LANTERMAN DEVELOPMENTAL CENTER
Memorandum
Date: June 1998
Subj: Forensic / Behavior Program Expansion Project
BACKGROUND
The Department of Mental Health (DMH) has experienced a dramatic increase in admissions to
State Hospitals. This has created significant pressure to increase admissions to Napa State
Hospital. In addition, under an inter -agency agreement with DMH, the Department of
Developmental Services (DDS) has a forensic population at Napa State Hospital, which has
limited DMH's admission options. Accordingly the DMH and DDS are proposing to transfer the
DDS forensic population that is currently served at Napa to other State Developmental Centers
by December 31, 1999. The forensic population within the DDS is defined as persons with
developmental disabilities receiving services from our Department who have had some
involvement with the court system. In all cases every forensic client will have a primary
diagnosis of mental retardation.
Lanterman Developmental Center (LDC) has been selected to establish a Secure Forensic
Program for 75 clients. These beds will be licensed by the Department of Health Services (DHS).
ADMISSION PROCEDURES
Forensic clients will be admitted to LDC via court proceedings. All admissions will have a
primary diagnosis of mental retardation and, in.addition, some have been charged with some
offense but then determined not to be mentally competent to stand trial. The judge will determine
the type of secure treatment programs required to meet the needs of the client while at the same
time ensuring the safety of others. If a forensic client exhibits new or increasingly problematic
behaviors, LDC, in conjunction with the Regional Center, can then refer them back to -the Court
for other placement options.
CLASSIFICATION SYSTEM
Currently, a security risk classification system is being developed by experienced DDS staff in
order to assess each client's past and potential behavior patterns. This information will then be
used to determine the appropriateness of placement here at Lanterman and within the program.
This classification system will be designed to assure that clients cannot be placed here
inappropriately by the court system.
Page 2
SECURITY
Many of the individuals who have been determined "forensic" are similar to some clients who
resided at LDC during the 1960's and 1970's and, more recently, at Camarillo
Developmental Center, however, recent legislation has imposed more stringent security
requirements. Therefore, security enhancement for the Forensic Program will consist of
installing security fencing around the forensic residences (Buildings 26, 27, and 28) including
controlled entrances (sally ports), area lighting, observation towers, and a security control office
on the hilltop overlooking the secured residences.
The interior security will be supported with staff personal alarm systems, closed-cicuit
TV surveillance, security window screens, nurses station enclosures, and upgraded
telecommunication systems. In addition, it has been proposed that thirty additional security
personnel will be employed.
INTERACTIONS BETWEEN FORENSIC AND NON -FORENSIC CLIENTS
Forensic clients and developmentally disabled clients at Camarillo State Hospital and
Developmental Center, and forensic clients and mentally ill clients at Napa State Hospital have
successfully coexisted for many years with no major problems. The proposed plan at LDC
includes provisions that forensic clients who leave the secured area for visits such as clinics,
snack shop, or for participation in leisure activities, etc., will always be escorted by specially
trained staff. The number and type of staff required for each escort will be based upon the
classification assessment. This will ensure the safety for all our clients and staff at LDC.
DISSEMINATION OF INFORMATION
Although the fact that more forensic beds are needed in the DDS system has been known for
some time, it was only in January 1998 that it became apparent that LDC was looked upon as one
possible site for this Program. At that time our Center began proactive preliminary planning in
order to maximize our preparation time. We also began notifying staff, Parents Coordinating
Council board members, and other stakeholders, such as our local communities and legislators,
of the possibility of the establishment of a Forensic Program at LDC. We have been committed
to involve all stakeholders as soon as possible. The scheduling of the informational meeting that
was held for the community and community leaders on April 15, 1998, was appropriate only after
the proposal became an official State Administrative Proposal during the first week of April. At
that time the Department authorized us to hold a community meeting prior to the Senate Budget.
Committee meeting on April 20, 1998, at which the budget proposal regarding the Forensic
Program at LDC was approved. The proposal was then submitted and subsequently approved by
both the Assembly and the House. It is now part of the Governor's Budget, awaiting final
approval by the Legislature within the next few weeks.
Page 3
One of the recommendations at the community meeting was the formation of an Advisory
Committee which will consist of the following members: Area Boards, City Council
Representatives, Parents Coordinating Council. Local Legislators, LDC Advisory Board,
Regional Centers. Law Enforcement Agencies. Labor Organizations, and DDS. A meeting of
this Advisory Committee has been scheduled for Friday, lune 19, 1998.
SUMMARY
In summary, the project is now awaiting approval of the Governor's 1998/1999 budget. The
admissions would not take place until DDS accomplishes remodeling, which is anticipated to be
completed in the fall of 1999. We have also been assured that all necessary elements will be in
place before any client will "be admitted to LDC, such as hiring and training of staff, completion
of security enhancements, and program development and implementation.
I'm confident that our Center can meet the needs of these new clients as well as continue the high
level of services for our current residents while providing a safe environment for clients, staff
and neighbors.
For your information, I am also attaching a chart which outlines the various committees that have
been established to prepare for the Forensic / Behavior Program Expansion Project.
RM:kg
FORENSIC/BEHAVIOR PROGRAM
EXPANSION PROJECT
DDS STEERING Committee
LDC STEERING Committee - Maples
i
Project Coordinator - Gliddon r-1 ! ADVISORY Committee
CLINICAL EXECUTIVE ADMINISTRATIVE
Subcommittee - Subcommittee Subcommittee -
Kohler --Maples Manuel
Client Movement - Communication - Security Personnel
LaFon Internal & External - Flanagan
Irene Kim
AA
Staffing/Hiring -
Policies & Protocols
Training &
Baldwin
- J -Butterworth
Recruitment -
Kaufman
Staff Training -
impact on
Support Areas -
Nepper
Employees -
Reyome
Jackson
Security —
Space Utilization -
Purchase of
Johnson
Ackoff
Equipment & .
Budget
Ackoff
Client Assessment
Legal, Licensing,
& Classification -
Clients' Rights -
Remodeling,
Bomar & Harrison
Nieblas
Construction,
-
Physical Security,
Plant Project
Coordinations
Client Treatment
Snadc Shop
Programs (incl
Enhancement —
Recreation &
Manuel -
Leisure) ----
_
Cowan
AA
LANTERMAN DEVELOPMENTAL CENTER
3530 Pomona Boulevard
Pomona, California 91768
909/595-1221 TTY 909/595-3971
FAX 909/598-4352
Statistics indicate that 3 out of every 100 children are born with a developmental disability. California
has approximately 850,000 individuals with developmental disabilities in its population, of whom
142,000 receive services through the State Department of Developmental Services.
Some 4,032 of these persons with developmental disabilities are cared for in California's five
Developmental Centers which include Agnews, Sonoma, Porterville, Fairview, and Lanterman.
DEFINITION OF DEVELOPMENTAL DISABILITIES
A developmental disability is defined as a disability related to certain mental or neurological
impairments originating before a person's 18th birthday that is expected to continue indefinitely and
that constitutes a substantial handicap. This includes persons with mental retardation, cerebral palsy,
epilepsy, autism, and other handicapping conditions found to be closely related to mental retardation
or to require treatment similar to that required for individuals who are developmentally disabled.
Mental Retardation
Refers to significantly sub -average general intellectual functioning existing concurrently with deficits
in adaptive behavior and manifested during the developmental period.
Cerebral Palsy
A nonprogressive pathologic lesion in the developing infant or child's brain, causing permanent motor
impairment.
Epilepsy (Convulsive disorder)
This is a clinical disorder characterized by recurrent paroxysmal episodes of central nervous system
dysfunction which may be manifested by loss of consciousness, convulsive movements (seizures),
and/or disturbances of feeling or behavior.
Autism
A syndrome first appearing in the very early years of life which is characterized by extreme
withdrawal, language disturbance, inability to form emotional relationships, frequent lack of
responsiveness to other people, repetitive motor behaviors, inappropriate response to external stimuli,
and an obsessive urge for the maintenance of sameness. Many, but not all children may be severely
impaired in inherent intellectual capacities.
LANTERMAN DEVELOPMENTAL CENTER
Description
Useablebed capacity.........................................................................................................................1,076
Number of residents in Center (as of 2/17/98)......................................................................................725
Annualadmissions................................................................................................................................. 37
Annualdischarges.................................................................................................................................. 51
Total staff positions authorized.........................................................................................................1,234
Acres..................................................................................................................................................... 320
Buildings................................................................................................................................................ 86
1997/98 Budget...................................................................................................................... $71,975,824
Lanterman is licensed according to the laws of California and federally certified to provide acute,
skilled, and intermediate care. The Center also meets the California Quality Assurance Standards for
Clinical Outcomes, which emphasize clinical outcomes rather than policy and process
requirements in meeting the individual's needs in a natural and enabling environment. Additionally,
the Center meets the environmental standards of the State Health Services Department, and its
Community Industries work service program is accredited by the Commission on Accreditation of
Rehabilitation Facilities (CARF).
Lanterman serves clients who are profoundly or severely developmentally disabled who may also have
special physical and behavioral problems.
Referrals for admission may be made by the twenty-one Regional Centers located through the State of
California.
History and Physical Features
The Center, which opened in 1927 at its present location in Pomona, consists of 23 client residences, 2
acute hospital units; a variety of training and work sites; a Vocational Training Center; and recreation
facilities, including a swimming pool, playgrounds, camp, carousel, equestrian center, and a ball park.
Other entities housed on campus include a School of Fashion Design, a Research and Staff Training
Building, the UCLA Student Immersion Research
Program, a Child Day Care Center for community and staff members' children, Credit Union, and the
California Conservation Corps. A snack shop is also operated by contract for the convenience of
residents, staff, and visitors.
Population
Sixty percent of Lanterman residents are males; 40% are females. Ninety-seven percent of the
residents have an IQ below 50, 70% have an IQ below 14, and 44% have an IQ below 9. Age range is
infancy to 84 with 5% of the residents under 18 years of age. Eighty-two percent of the residents are
profoundly retarded. (This means that an adult has a mental age of three years or less). The
probability of associated neurological damage also being present is high. Many are unable to
ambulate and have multiple handicaps. Some may learn to walk, use a wheelchair, or use other means
of assistance to become mobile. Others may learn to feed themselves and develop toileting, bathing,
and dressing skills. Most learn to respond to simple verbal communication while others learn
Fact Sheet - (Updated 2/17/98) Page 2
communication skills such as sign language or the use of communication boards. Most require
assistance in performing self-care skills, and most require supervision of various levels. However, the
goal is to teach residents to be as independent as possible.
Services
Administrative and Support Services are responsible for the support operations of the Center. These
services are similar to those necessary for the operation of a small city. They maintain the campus and
buildings and provide food, pharmacy, staff training, housekeeping, communications, laundry,
personnel services, police, client records, trust, purchasing, accounting, and transportation services.
Medical Ancillary Services provides dentistry, podiatry, respiratory therapy, surgery, physical therapy,
adaptive equipment, occupational therapy, laboratory, EEG/EKG, radiology, public health, and a full
spectrum of clinics and medical consultants.
Central Program Services provide an employment skills center, audiology, volunteers, chaplains,
education services, library services, recreation programs, and the Foster Grandparents and Senior
Companions program.
The Research Center includes a research program which is associated with several universities.
Client Programs
Lanterman Developmental Center serves a population who require specialized care and habilitative
programs. Treatment/habilitation services are organized into five Programs designed to meet the
needs of the residents. Each person has an Individual Habilitation Plan (W) designed and
implemented by an Interdisciplinary Team, based on assessments of his or her health, behavior, and
physical, communicative, social, emotional, and cognitive development. The Program Director is
responsible for the full range of direct care, treatment and training services provided for the
individuals in their Program. An Individual Program Coordinator (IPC) assigned to every person
residing at. LDC, works with other members of their Interdisciplinary Team in
developing an Individual Habilitation Plan, monitoring services provided, seeking additional resources
and assisting the individuals to exercise their rights. The Directors of the Programs are responsible for
implementing each client's IHP. These five Programs are:
Acute Medical and Continuing Care. Program 1 (Residences 51, 52, 53, 54, 55, 58 and 59).
Provides 24-hour nursing care for acutely and sub -acutely ill persons with developmental disabilities.
Acute care includes diagnosis and treatment for common medical and surgical problems and for the
complex congenital problems encountered in individuals with developmental disabilities. Restores
residents to their previous state of health prior to transferring them to an intermediate care facility or
skilled nursing facility, either within the Center or the community.
Skilled Nursing Residences provide 24-hour nursing care to residents who are severely or profoundly
developmentally disabled, most have multiple physical handicaps which require care from skilled
nursing staff. Improves or maintains the residents physical health while enhancing environmental
awareness and social responsiveness. Increases stamina and endurance so that more intensive training
may be possible, and where deterioration is inevitable, makes every effort to retain existing skills.
Fact Sheet - (Updated 2/17/98) Page 3
Provides individualized developmental programs, designed to promote acquisition of sensory motor.
communication, and socialization skills. Integrates the utilization of wheelchairs, braces, and special
adaptive equipment with restorative nursing interventions to maintain functional movement and
posture.
Behavior Adjustment. Program (Residences 15, 28, 30, 32) Provides 24-hour intermediate care to
individuals whose unacceptable behaviors are of such a frequency and/or severity to preclude living in
a less restrictive environment. Residents are physically stable and not considered to be at risk.
Provides individualized programs which emphasize training in behavior modification, which uses
positive reinforcement and teaches replacement behaviors, self-care, communication, socialization,
leisure, educational, and vocational skills which would allow an individual to reside in a less
restrictive setting.
Physical and Social Development, Program 3 (Residences 14, 17, 20, 21) Residences 17, 20, and 21
provide 24-hour intermediate care for residents who are developmentally disabled who ambulate with
difficulty, require adaptive mobility equipment, and/or have physical conditions requiring extensive
physical development. Residence 14 provides 24-hour nursing care for residents who are severely or
profoundly developmentally disabled. Most have multiple physical disabilities and medical conditions
requiring skilled nursing care to provide or maintain the resident's physical health while enhancing
environmental awareness and social responsiveness. For those clients with stabilized or improving
medical/physical conditions, emphasis is placed on developing neuromotor and physical skills to make
a transition to more independent intermediate care or community settings. Program 3 promotes
resident participation in educational, recreational, vocational, and developmental programming.
Training emphasizes self-help areas including feeding, dressing, toileting, mobility, transferring,
communication and work skills.
Sensory Development and Behavior Adjustment, Program 4 (Residences 23, 25, 26, 31) Provides
24-hour intermediate care for individuals with severe to profound developmental disabilities with
self-help deficits and moderate to severe behavioral disturbances. Provides health and medical
services that allow the maximum response to programming. Training objectives include self-care,
socialization, leisure skills acquisition, mobility, communication, vocational skills acquisition and the
amelioration of unacceptable behaviors. Residences 23 and 25 provide care and habilitative
programming for residents who are blind, deaf, or a combination of both, through mobility and tactile
perception training, communication skills, sensory motor integration, and the promotion of self-care,
social, and adaptive behavior skills.
Behavior Adjustment and Social Development. Program 5 (Residences 1, 2, 4, 16) Provides
24-hour intermediate care for persons who are developmentally disabled and in need of services that
enhance transition into the community. Training emphasizes safety awareness, self-help,
communication, social and vocational skills, and programs leading to paid employment. Community
trips are an integral part of the lives of individuals in Program 5 to prepare them
for a successful life in a less restrictive setting.
Fact Sheet - (Updated 2/17/98) Page 4
KEY CENTER PERSONNEL
Executive Director.................................................................................................... Ruth Maples
Clinical Director...................................................................................................... Sherry Kohler
Administrative Services Director......................................................................... Bernest Manuel
Medical Director.......................................................................................... Elhamy Khalil, M.D.
Coordinator of Nursing Services............................................................................... Jan Nepper
Director, Quality Assurance............................................................................... John Butterworth
Assistant to the Executive Director............................................................................... Irene Kim
Chief of the Medical Staff............................................................................ Chito Sansano, M.D.
Chief, Central Program Services............................................................................. Steve Johnson
Personnel Services Director...................................................................................Cathy Cordova
Clients' Rights Advocate....................................................................................... Ellen Goldman
Equal Opportunity Coordinator.................................................................. Susie Warren -Jackson
Standards Compliance Coordinator......................................................................... Carol Nieblas
Lanterman Regional Project Director.............................................................Claudia Hemenway
PROGRAMS
Acute and Continuing Medical Care........................................................................ Sarah Bomar
Behavior Adjustment.............................................................................................Dwayne LaFon
Physical and Social Development............................................................................ Ken Harrison
Behavior Adjustment and Sensory Development ..................................................Larry Baldwin
Behavior Adjustment and Social Development..................................................... Martie Cowan
Fact Sheet - (Updated 2/17/98) Page 5
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EXPANSION PROJECT ADVISORY COMMITTEE
July 14, 1998
AGENDA
1 b . o o A.rn
Welcome and Introductions -, pdn `"n r*10 PL"
41 • Irre"4 r rY • ri caes
2 , 12 r Pcr/140S
Security Measures 2--(-' Pla a "'
conrravc, rorKr
X Geographic Locafion / Map rWVW At, A[%#" y
Physical Plant s�"R" " W"'"
. Lt6,rr„,�
tvA
. 5�uy ron.r
Admission Procedures eetwteg
Client Risk Assessment Proce
AWOL Policy a-
d Current Policy
✓ Development of Policy for Forensic Progra
,fr.' LDC Police Services
Environmental Impact Study u�G. De -c, ;
8. Advice / Suggestions from Committee Members
9. - Frequency and Dates of Future Meetings
10, Adjourn
ST,*.TE OF CALIFORNIA - DEPARTMENT OF DEVELOPMENTAL SERVICES
July 27, 1998
Dear Advisory Committee Members:
PETE WILSON. Governor
3530 POMONA BLVD.. POMONA. CA. 91768
P- O. BOX 100, POMONA. CA. 91769
TELEPHONE: (909) 595-1221
TDD: (909) 595-3971
FAX: (909) 5984352
As per our agreement at the conclusion at our meeting on July 14, 1998, we are sending you the
following information:
1. A Fact Sheet which will summarize the issues that were presented/discussed during the
previous Advisory Committee meetings.
2. A copy of the three overheads that we utilized on July 14, 1998 (Security Assessment
Prior to Admission, LDC Administrative Directive 214 - Missing Resident Search
Procedures, and Admission Procedures).
Enclosed you will also find a brochure from CAPT (California Association of Psychiatric Technicians)
which explains their profession.
The next meeting of the Expansion Project Advisory Committee will take place on Tuesday,
September 22, 1998, at 10:00 a.m.; we will send a reminder notice two weeks before this meeting.
For your information, we are scheduling another meeting for the local law enforcement agencies for
Friday, September 11, 1998. The major purpose of that meeting will be to review the written security
policies. Invitations for that meeting will be mailed in the near future.
As always, if you have any questions or concerns, do not hesitate to call me (909/444-7200) or Irene
Kim (909/444-7202).
Sincerely,
�- )Zlal
Ruth Maples
Executive Director
2
Enc.
LANTERMAN DEVELOPMENTAL CENTER
FORENSIC / BEHAVIOR EXPANSION PROJECT
... - FACT SHEET
7-27-98
A. DEPARTMENTF OF DEV ELOPMENTAL"'SERVICES `
The State of California has a commitment
to provide services and supports to-,
individuals with developmental disabilities
throughout their lifetimes
The California Department of
Develbpmental Services (DDS) provides
leadership and funding for these services
and supports through state -operated
Developmental Centers' _
and contracts
with twenty-one agencies called Regional
Centers.
DDS operates five State Developmental
Centers located throughout the state.
They are: Sonoma Developmental Center
in Sonoma County, Agnews,.
Developmental Center in Santa Clara
County, - Lanterman Developmental
Center in Los Angeles County, Fairview
Developmental Center in Orange County,.
and Porterville Developmental Center in _
Tulare County.
The Developmental Centers provide_
intensive training and, supervision to,
individuals whose needs cannot readily.
be met by available community-based
services. Developmental Centers accept:
admissions on referral from the Regional
Centers or commitments through the
judicial system.
There are currently 307 individuals who
receive forensic services from DDS.
Porterville . Developmental Center
currently serves 188 persons in its
Secure Forensic Program (240 -bed
capacity). DDS also contracts with the
Department of Mental Health to operate a
Forensic Program for 199 individuals with
developmental disabilities at Napa State
Hospital.
The clients served by DDS may be
classified on the basis of the type of
commitment proceedings that resulted in"
their ` being admitted to a State
Developmental Center. There `are fiivo`
basic types of admission procedures: a
civil admission or a judicial commitment...,
Civil admissions result from a person
being found gravelydisabled or a danger
to. themselves or others,, _ based" on
provisions in the Welfare & Institutions
Code. The Judicially Committed or Penal.
Code (JC/PC) commitments are often
referred to as forensic commitments and
result from a person committing a crime
and subsequently being . found
incompetent to stand trial. It is important
to note that these two types of
populations may not be distinguishable
from a developmental disability diagnosis
and treatment standpoint. - _
All individuals served at Lanterman
Developmental Center- have
developmental disabiliibes-; which are
defined as mental retardation,, cerebral
palsy, epilepsy, autism, or conditions
closely related to mental retardation or
requiring similar treatment.'' These
conditions must originate 'before age
eighteen, continue or are expected to
continue indefinitely, and constitute a
substantial disability. Residents have
complex or serious service needs, usually
medical or behavioral in nature, which
require a concentration of services and
expertise, including a highly -structured .
24-hour program. The Center has
operated at its current location for more
than 70 years and in recent years has
provided service to primarily severely and
profoundly mentally retarded individuals.
A small percent of people with mental
retardation and other developmental
disabilities exhibit more serious behavior
problems and may become" involved in
the criminal justice system. This group of
developmentally disabled persons is
more likely to have mild or ' borderline
mental retardation, psychiatric or
emotional problems, and be overall fairly
healthy and able to perform some self-
care, leisure and work skills. The
behaviors that cause these persons to be
2
sent to the Developmental Center may
not occur frequently, but are very serious
when they do occur. They may have
experienced socioeconomic problems
such as disorganized family life, poverty,
little education or vocational training, and
have been victims themselves. Their
intellectual limitations may cause them to
be childlike, easily influenced or exploited
by others, impulsive, and to be poor
judges of situations or other people which
may result in police involvement. Some
individuals may not have been involved in
the criminal justice system but exhibit the
type of behaviors which could easily
result in such criminal activity. All of the
residents of this particular program will
require specialized and secure treatment
services.
LEGAL CLASS OF CLIENTS SERVED I
The persons in this program will be
committed to the Developmental Center
through civil or judicial commitments.
Civil commitments will include those
resulting from the court's finding that the
person is a mentally retarded individual
who is a danger to himself or others.
Lanterman-Petris-Short (LPS)
commitments result from a person being
found a dangerto themselves or others or
gravely disabled as a- result of their
mental disorder. Judicial commitments or
Penal Code commitments result when a
person allegedly, or in fact, commits a
crime but who is unable to participate in
court proceedings due to his or her
developmental disability. Following is a
brief description of the most common civil
and judicial types of admission
commitment to a program for this special
population.
Civil Commitments:
Commitment as a Mentally Retarded
Person Who Is a Danger to Self or Others
Welfare & Institutions Code 6500 or 6509)
to the Department of Developmental
Services for placement in a court -
designated facility. Regional Centers,
provide reports and recommendations to
the court regarding specific placement
prior to commitment and placement
orders. An annual court hearing is
required if a commitment is to be renewed.
Admission or continuation on signature of
Lanterman-Petris-Short conservator with
authority to admit to a Developmental
Center (Welfare and Institutions Code
5353, 5358, and 6000). Regional Center
and Developmental Center have to agree
that the admission is appropriate. An
annual court hearing is required for
renewal of LPS conservator's powers.
Judicial Commitments:
Commitmentfor evaluation of competence
or as incompetent to stand trial (due to
developmental disability) on criminal
charges. Commitment duration uptothree
years with regular progress reports to
court. Individuals charged with_a violent
felony must be placed within a secured
perimeter or a locked and controlled
treatment facility and the court makes a
determination that public safety will be
protected.
Other:
A few individuals with developmental
disabilities who are convicted of a crime
may be sent to a Developmental Center as
a condition of their probation if it is more
appropriate than other alternatives. A
few individuals . with developmental
disabilities may be referred by the
California Youth Authority (CYA). The
Director of DDS has final authority to
accept the person or return him or her to
CYA.
Lanterman Developmental Center has
traditionally served primarily clients from
Southern California. The expansion
program, as well as Porterville
Developmental Center in Central
California, will serve the small but unique
population of developmentally disabled
adults who have involvement with the
criminal justice system. It is expected
that most of the individuals admitted to
this program will be from the Southern
California area, but some may come from
other parts of the State if their treatment
needs require these services.
Almost all clients return to their home
communities when they have completed
their treatment and training programs and
leave Lanterman Developmental Center.
The Regional Center and other involved
agencies follow the person's progress
while they are at the Center and make
arrangements for placement back to the
community when Developmental Center
care is no longer needed.
In the case of judicially committed clients,
the circumstances for discharge vary
based on legal commitment class. If the
Developmental Center staff 'feel an
individual's competency to stand trial has'
been established, the court is notified and
the person will return to court for
proceedings. If the Developmental Center
and Regional Center staff believe the
. ,_,
client is ready for placement or d�
ischarge,_
recommendations- are submittk, tb -the
committing court. In most cases, the client
retums to the home community in a
�.- supervised living arrangement.
'e? r... ,,::;;,t �';:`�r:•..` "' �1? � - .. ,may.:
n ni`i
4
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LANTERMAN DEVELOPMENTAL CENTER
FORENSIC / BEHAVIOR EXPANSION PROJECT
- . FACT SHEET
7-27-98 -
B. ADMISSIONS AND CLIENT SCREENING FOR RISK FACTORS
�ADMISSION P(),
determination' of appropriate security
levels while ensuring placement in the
Each Developmental Center . has written
least restrictive setting. To determine the
admission policies and procedures that
level of supervision and security needed
delineate the types of clients to be served
by each client, this Center will conduct
based on treatment services available.
security assessments -prior to admission.
Lanterman Developmental Centeradmission
Staff from- Lanterman Developmental
policies comply with the applicable civil or
Center will evaluate:
judicial laws. Prior to admission, the
Regional Center is required to make
► . Behaviors which present a danger
`
recommendations about the person's
to others.
placement and to send referral information
to the Developmental Center.
Thee predictability, -frequency, and
Developmental Center staff review the
severity of the behaviors.
referral information in advance of admission.
_
Progress reports from the Regional Center
The type' of commitment: Penal
and Developmental Center staff provide
Code Holds, Civil "Danger Code"
information to the court about the person's
Holds, Civil "Non -Danger"... Holds,
response to the treatment program after he
etc.
or she is admitted. If an admission ordered
Py the court is considered inappropriate, the
►„ The risk of being away without
Developmental Center, Regional Centerand
' _ leave(AWOL) 'considering] their
Department of Developmental Services staff
histo ` "-"ca. abilit frequency,
will consult to identify_ other' treatment
-desti anon, rea's'on(s) for ' AWO,
options and notify the... court. of these
and length of absences.
recommendations;:,, c!
The clientrs physical and cognitive
Any other attributes which the client
The forensic population requires
may have which increase the ability
consistent and ' reliable' individual
to be AWOL. (Examples: ability
� P �Y to
save money, ability to seek
assistance from family. or friends,
characteristics via evaluation and
familiarity with the area, ability to
assessments is presented to the
use transportation, etc.) z .:3 r
Interdisciplinary. Team for review and
appropriate placement decision. The team
The level of supervision, client -to-
- - evaluates the required services and
escort ratio, required to prevent
supports and determines appropriateness
AWOL. This includes the need for
for admission to Lanterman Developmental
physical restraints, escort ratios for..Center..
When it is determined the person
' " ' Lanterman, home
movement within locked areas, the
can be served at a
secured perimeter, on campus, in
residence is designated based on service
the community, and after dark.
and support needs. .
Clients who are committed under a
..,;
Penal Code are restricted to the
All clients are admitted to their home
area within the secured perimeter.:,"
residence where they are evaluated by all
appropriate staff and/or potential service
This evaluation is part of a comprehensive
risk assessment protocol involving the
client, the entire Interdisciplinary
Treatment Team, interested family, and the
Regional Center. Based on this, a client
escort ratio is determined for each client,
as well as a determination of risk to
community safety and unauthorized leave.
The client escort ratio is reviewed and
approved by the Program Director and
Lanterman Police for implementation.
Following an admission, the staff complete
a review of the client's need for
supervision and yearly as needed.
Current: Lanterman Developmental
Center admits only low security risk clients
from other Developmental Centers, the
Regional Center system, and occasionally
via a court order (generally_ initiated by a
Regional Center). All are -non -forensic
admissions. A packet of information
describing the person and their
2
providers within 21 days of admission.
Within 30 days of admission an Individual
Program Plan (IPP) is developed with the
person and his/her family or legal
representative. The IPP is implemented
and services begin.
Proposed: It is anticipated that once all
appropriate security measures are
installed and constructed, Lanterman will
serve persons with moderate security
risks. Prior to and throughout a person's
stay at Lanterman, a Security Risk
Assessment Protocol, escort ratio rating
and clinical interdisciplinary team analysis
will be completed to determine the level of
security required to protect the person,
staff, and the community. Additional
security personnel will be employed to
ensure the integrity of the necessary
security. Once all of these measures are
in place, Lanterman will begin accepting
people from Napa State Hospital,
Porterville . ;Developmental Center and
directly from,the courts:,These individuals
will be limited to a total population of 75
and may be committed due to
incompetency to stand trial by virtue of
their developmental ai-i,at>ility .Penal Code
1370.1). Persons Pvhiose overall risk
analysis indicates a high security risk will
be immediately referred back to the
committing court. In tl~e interim the person
will remain in the custody of staff, with
security, provided at a level that will
prevent any potential liarm to self, others,
or the community.
C.
LANTERMAN DEVELOPMENTAL CENTER
FORENSIC ! BEHAVIOR EXPANSION PROJECT
FACT SHEET
:..M <.. 7-27-98
SECURITY AND SAFETY MEASURES
ZAA
SECURITY MEASURES
++: s
The Department of Developmental Services
is proposing to construct a secure area-
around
rea-around three residences at_ Lanterman .
Developmental Center. The residences
identified are Residences 26, 27, and 28.
The secure area will consist of the
following:
► Double 12' chain link fences with
rigid arms topped with 6' of no -
climb mesh.
► Security zone between fences. , . _
► Secure area - no man's land along
the entire length of fence.
Controlled entrance for pedestrians
and vehicles.
► Removal of trees and shrubbery in
most areas inside compound.
Fence perimeter lighting.
0. Fence alarms.
CCTV cameras.
► New 5200', 10' wide paved security
road around the rear of compound
area.
;L
► Low profile observation areas.
► ° 8,000 sq. ft. training
building inside compound.
► Personal duress alarm systems for
staff.
Additional staff.
Lanterman Developmental Center will be
increasing the number of police officers to
provide additional security in response to
the opening of the 75 -bed Forensic
Program. Lanterman Developmental-
Center
evelopmental-Center currently has one Chief and five
Police Officers; all are' POST certified.
Thirty to forty-eight new officers will be hired
and trained prior to. opening the prggram.
This is in addition to 24-hour coverage by
licensed,_„ Psychiatric Technicians, R.Ns;
and other level -of -care staff. Physicians,'
psychologists, therapists, teachers, social
workers, individual program coordinators,
and other_ support. services will also be
assigned to'the program TP,
p,� T'
All staff `will'attend a comprehensive
orientation to the Center. This includes a
}
security presentation, managing assaultive law enforcement agencies. In June 1998,
behavior, client rights, professional the Walnut Sheriffs Station, the Pomona
boundaries, and confidentiality. Police Department, the California Highway
- Patrol, and Police Services at Cal Poly
All prospective Police Officers will Pomona were invited to meet with
successfully complete extensive training Lanterman's Executive Director and Chief of
before starting to work. ,Police to discuss the proposed Forensic
--- - - ---- -- Program and related security issues. The
All staff assigned to the Forensic Program
will complete_ additional _ Center and
program -specific training before they are
assigned to the Forensic Program. They
will also have training on specific, criminal
commitments and their requirements,
contraband, client personal property, and
an orientation to the structural and
environmental aspects of the forensic
facilities
When it has been verged that a client is
unaccounted for, or has left the Center
without authorization, the Lanterman Chief
of Police will communicate with Pomona
Police Department, Los Angeles County
Sheriffs Department-Walnut/Diamond Bar
Station, California Highway Patrol„ and
California State - Polytechnic.., University+
Police Services. Intensive search
procedures will be ---simultaneously,
implemented.
•OR •
Lanterman Developmental Centerhas
initiated communications with several local
2
goal has been to provide information, to
seek input, to address any identified issues
or concerns, and to establish an ongoing
working relationship.
As an outcome of this meeting, the above-
mentioned local law enforcement agencies
were invited to attend a meeting of the
Expansion Project Advisory Committee on
June 19, 1998. This committee includes
representatives from the cities of Diamond
Bar, Walnut, and Pomona, as well as local
legislators.
Since being contacted, law enforcement
representatives have participated in several
meetings and tours of the proposed
Forensic Program site.
Future meetings with these agencies are
planned on a regular basis.
Security Assessment Prior to Admission
Staff from Lanterman evaluate:
b. Behaviors which present a danger to others.
b. The predictability, frequency, and severity of the behaviors.
► The type of commitment: Penal Code Holds, Civil "Danger Code"
Holds, Civil "Non -Danger" Holds, etc..
► The risk of being away without leave (AWOL) considering their
history, capability, frequency, destination, reason/s for AWOL,
and length of absences.
P. The client's physical and cognitive ability.
► Any other attributes which the client may have which increase the
ability to AWOL. (Examples: ability to save money, ability to seek
assistance from family or friends, familiarity with the area, ability
to use transportation etc.)
► The level of supervision (client escort ratio) required to prevent
AWOL. This includes the need for physical restraints, escort
ratios for movement within locked areas, the secured perimeter,
on campus, community and after dark. Clients who are
committed under a Penal Code are restricted to the area within
the secured perimeter.
The client escort ratio is reviewed and approved by the Program
Director and Lanterman Police.
4
51
0
71
sl
01
CD Lanterman Developmental Center
Administrative Directive Client Services - 214
Missing Resident Search Procedures
I,Z) Introduction
■ The following presentation is an overview of the actions taken to find a
client when it has been determined he or she is missing..
■ Requirements of the Directive dealing with preparation, supplies, etc.,
have been omitted.
;-:-1 Topics of Discussion
■ What determines a client is missing.
■ Phase I - Immediate Search
■ Phase H - Campus Search
■ Phase III - Off Campus Search Activities
■ Forensic Program Enhanced Missing Resident Search Procedures
Policy
■ When a resident cannot be accounted for after 15 minutes, he or she is
considered to be missing.
■ Determination is made during Phase I and continues until the resident is
found.
D Phase I - Immediate Search
■ All activities in Phase I occur with -in 15 minutes.
■ Staff Member Noting. Resident's Absence
■ Residence Manager or Designee
■ Lanterman Police
■ Assistant Coordinator of Nursing Services (ACNS)
:D Phase I - Staff Member Noting Resident's Absence
■ Conducts a quick search of the immediate area.
■ Notifies the Residence Manager or Designee.
1) Phase I - Residence Manager or Designee
■ Notifies LDC Police Services, ACNS Office, Program Director/PMOD.
■ Ensures that the area surrounding the vicinity of the person's
disappearance is thoroughly searched.
■ Contacts Program Director/PMOD
:1 Phase I - LDC Police
■ Checks streets, exits, and campus perimeter.
Z) Phase I ACNS
■ Place staff at the exits of campus - Diamond Bar Blvd. and Pomona Blvd.
I
2
3
4
51
8
91
0 Lanterman Developmental Ce
Administrative Directive C
Missing Resident Search Procedures
Introduction
■ The following presentation is an ovt
client when it has been determined 1
■ Requirements of the Directive deals
have been omitted.
�iJ Topics of Discussion
■ What determines a client is missing.
■ Phase I - Immediate Search
■ Phase II - Campus Search
■ Phase III - Off Campus Search ActiA
■ Forensic Program Enhanced Missin
'Z) Policy
■ When a resident cannot be accounte
considered to be missing.
• Determination is made during Phase
found.
`! Phase I Immediate Search
■ All activities in Phase I occur with -i
■ Staff Member Noting Resident's Ab
■ Residence Manager or Designee
■ Lanterman Police
■ Notifies LDC Police Services, ACN
■ Ensures that the area surrounding th
disappearance is thoroughly searche
■ Contacts Program Director/PMOD
0 Phase I - LDC Police
■ Checks streets, exits, and campus pt
0 Phase I - ACNS
0 Place staff at the exits of campus - I
10 1 0 Phase U - Campus Search
■ Phase 1 search not successful.
■ Program Duector/PMOD
■ Residence Manager or Designee
■ ACNS
■ Telephone Operator
■ Search Teams
» '=.1 Phase II - Program Director/PMOD
■ Establishes Command Post and assumes Command Post Leader Duties.
■ Informs the Executive Director and Clinical Director of Phase II start.
■ Notifies the Telephone Operator.
■ Assigns Search Groups.
■ Calls other service areas as necessary for assistance.
■ Consults with Executive Director.
12 ,) Phase II - Residence Manager or Designee
■ Sends all available staff to Command Post.
■ Conducts a search of all areas inside the residence.
13 Phase II - ACNS
■ Act as Command Post Leader until PD/PMOD arrives then assist.
■ Provide Missing Person Packet and supplies to Search Teams.
■ Request the Telephone Operator to notify each Program.
14 `J Phase H - Telephone Operator
■ Sounds air hom to signal "Resident Missing".
■ Calls each Program & request all available staff report to Command Post.
15 :) Phase II - Search Teams
■ A team leader is designated for each group and assigned a grid section to
search and report back.
16 0 Phase III - Off Campus Search
■ If Phase H search effort are not successful the Command Post Leader, in
consultation with the Executive Director, Starts Phase M.
■ Executive Director
—■ Command Post Leader
■ Police Services
17 0 Phase III - Executive Director
■ Consults with the Command Post Leader and directs the Lanterman
Police Officer on duty as necessary-
18
ecessary.18 i]D Phase III - Command Post Leader
ADMISSION PROCEDURES
BEFORE ADMISSION
Regional Center Director forwards report and recommendations to court
Admission referral packet reviewed by administrative and clinical staff at LDC
Court-appointed experts assess and make recommendations to court
COURT ORDERS ADMISSION
At each hearing, the court is responsible for evaluating the security of the placement
(including protection of the public safety) and the appropriateness of treatment
Admission may be ordered for:
1. Developmentally disabled persons not competent to stand trial or needing
competency training per the Penal Code
2. Mentally retarded individuals whose behavior poses a danger to themselves or
others per the Welfare and Institutions Code
3. Those whose mental health conservator places them per the Lanterman Petris
Short Act
4. A few individuals with developmental disabilities who are convicted of a crime
may be sent to a developmental center as a condition of probation if more
appropriate than alternative placement
If admission considered inappropriate, LDC, regional center and Department of
Developmental Services staff consult to identify other treatment options (such as
transfer to another state facility)
DURING THE INDIVIDUAL'S STAY AT THE DEVELOPMENTAL CENTER
Regular reports to the court by regional center and LDC staff
Individuals who improve may eventually be recommended for discharge
Those who continue to present serious behavior problems may be recommitted
Individuals who regain competency return to court to stand trial
EXPANSION PROJECT ADVISORY COMMITTEE
SgRtember 22, 1998
AGENDA
Welcome and Introductions
Report on the Meeting with Local Law Enforcement Agencies on 9/11/98
Report by Captain Martinez, Walnut Sheriff's Department, on his visit to Porterville
Developmental Center
Summary of draft of "Security and Control Performance Standards Policies, Procedures,
and Post Orders," by the Department of Developmental Services representative
Proposed Client Training
6. Advice / Suggestions from Committee Members
V a'T',
7. Date of Next Meeting
8. Adjourn ��
kA A -
Secure Treatment Program
Advisory Committee
January 21, 1999
AGENDA
/1! Welcome and Introductions
,2° Update on the Mitigated Negative Declaration - Initial Study (EIR)
�! Update on Construction Planning
Client Movement Protocols
Development of Client Training Protocols
Update on the Status of the "Security and Control Performance
Standards Policies, Procedures, and Post Orders Manual" by the
Department of Developmental Services representative
Advice / Suggestions from Committee Members
Frequency and Dates of Future Meetings
,91", Adjourn
COUNTY OF LOS ANGELES
SHERIFF'S DEPARTMENT
41 //
AUG 2 � lY
DATE: August 24, 1998
OFFICE CORRESPONDENCE
FILE NO.
FROM: RICHARD J. MARTINEZ, CAPTAIN To: JEFFREY PARKER, CITY MANAGER
WALNUT REGIONAL STATION CITY OF WALNUT
SUBJECT: LANTERMAN FACILITY c
Z
Attached is the report prepared by Deputy Mark Saldecke, from Custody Support
Services, regarding facility security at Porterville Developmental Center. The report
reflects Deputy Saldecke's evaluation of the forensic client security program based
upon our inspection on August 12, 1998.
In addition to the physical inspection, we had the opportunity to speak with several
people at Porterville Development Center including Paul Hoyt, Program Director;
Thomas E. Noel, Clinical Director; George Horwath, Director of Police Services; the
City Manager of the city of Porterville; and Bud Garmon, Chief of the Porterville Police
department. Based upon our meeting with them and our tour of the facility, I believe we
received a thorough and accurate assessment of the state of the program.
Based upon the description of how the program was implemented, it appears that
there was little if any, advance notice or preparation, and although the program has
been in operation for over a year, the security enhancements are not all yet completed.
Interestingly, clients were housed before the security fence was ever installed and there
were some walkaways. It seems that the Porterville program has been a learning
experience and the lessons learned will be the model for other places, such as,
Lanterman. The city of Porterville was extremely supportive of the program and
claimed that there have been no problems since the security enhancements have been
made. There are from time to time assaults by clients on other clients or on staff, but
they are infrequent.
Deputy Saldecke's report gives an excellent evaluation of the structural integrity and
procedural security of the facility. His approach is from a custody/jail standpoint and
not withstanding the fact that the program is in a medical environment, seeks to make
security as strong as possible. I believe that staffing is one of the major concerns of the
Program and still needs to be resolved as to numbers and classification of employees.
In terms of administration of the program, I have a concern over control of the program
by the court. It would appear that the judge will have the ultimate decision on who would
come to Lanterman. I believe there needs to be a means to place a client elsewhere if
there is local objection.
The program at Porterville appears to be working well. There is clearly a distinction
LANTERMAN FACILITY .2-
08/24/98
between outside security and inside security. The security folks handle security outside
of the buildings but generally do not handle security inside unless requested to do so.
This approach appears to successfully integrate the security and clinical environments,
but I think that inside security is extremely important and must also be remembered.
Deputy Saldecke's final thought bears repeating, no facility can ever be made escape
proof, however, we can reduce the potential for escape by strong security measures.
RJM:ys
REVIEW OF PORTERVILLE DEVELOPMENTAL CENTER
FACILITY SECURITY
DATE: AUGUST 12, 1998
State of California Department of Developmental Services
Porterville Developmental Center
26501 Avenue 140
Porterville. California 93257
(209) 782-2350
A facility security inspection/evaluation of the Porterville Developmental Center was
performed on August 12. 1998. The purpose of the inspection/evat uation was to evaluate the
structural integrity and procedural security of the facility, and then apply it to the upcoming
Lanterman Hospital project in the City of Pomona, and to make recommendations for
upgrading the overall security of the Lanterman facility.
Deputy Mark Saldecke from Custody Support Services and Walnut Station Unit Commander
Captain Richard ylartinez went to Ponerville to tour the facility, and to conduct a facility
security inspection/ evaluation.
The following are the results of the inspection/evaluation, comparisons to existing Los Angeles
County Sheriff s Department facilities, and recommendations for upgrading the physical
security at Lanterman Hospital.
BACKGROUND:
The Porterville Developmental Center currently houses approximately 190 forensic 'clients,'
individuals that have been determined to either be unfit for trial (in accordance with section
1370 of the Penal Code), or a danger to themselves or others (in accordance with section 6000
of the Welfare and Institutions Code).
These particular clients are kept within a fenced compound, separated from the other clients of
the facility. It is important to note that some of the 1370 P -C. clients have arrest charges of
tilurder - 187 P.C_, Rape - 261 P.C.. Sex Crimes Against Children - 288 P.C., and other serious
and/or violent felonies.
PERIMETER SECURITY:
There is a single chain link fence, approximately 16 feet high topped with an approximately 10
foot %vide strip of anti -climb mesh, around the entire forensic housing compound. There are
Cusrodv Support Services, Telephone: (213) 893-5102 far: (213) 613-4780 Page l
two lame vehicle sates on the front (East) side of the compound. and several pedestrian gates
located along the entire perimeter fence. The perimeter fence is illustrated in Figures 1-4.
Figure t - Front view of perimeter
fence.
Figure 3 - Back view of perimeter
fence. Arrow indicates pedestrian
Crate.
Figure 2 - One of the vehicle gates.
Figure 4 - :additional back view of
fence. .grow indicates motion
detector system.
There are plans to add a second exterior fence around the entire perimeter, and to reduce the
number of entry points to one vehicle/pedestrian sallyport. This fence will be similar to the
existing fence, comprised of chain link and anti -climb mesh. According to Porterville staff, this
Work should be completed by the end of this year.
There is a motion detection system that monitors the entire perimeter fence. This system is
comprised of a single plastic -covered cable that is attached to the chain link fencing (indicated
by the arrow in Figure 4), with junction boxes at various intervals. The motion detection
system is monitored in the Dispatch Center, located inside of the Administration Building. The
.administration Building is located at least 114 mile away from this compound.
There are no lights installed on the perimeter fence itself. On the West side (Figures i and 2) of
the compound, there are standard street lights at intervals of approximately 50-75 feet (which
will subsequently be removed v, hen the second fence is installed). On the East side (Figures 3
and 4) of the compound, there are lights on power poles. which are approximately 75-100 feet
apart. These particular lights are approximately 75-100 feet away from the perimeter fence.
The only lights on the inside of the compound are mounted on the walls of the buildings.
approximately (on average) 50-75 feet away from the perimeter fence.
Custody Support Sen -ices, telephone: (213) 893-5102 far: (213) 613-4780 Page 2
Figure 5 - This is a close-up of the
outpost visible in the background
of Figure 3.
Figure 7 - This outpost is
responsible for a vehicle gate.
Figure 6 - Typical outpost.
Figure 8 - :grow indicates typical
CCTV camera inside of buildings.
On the East side of the facility, the power pole -mounted lights are on level ground, but the
ground slopes down to the perimeter fence, an elevation difference of between 2-3 feet. In
addition, the ground slopes further as it leads into the compound area. Based on the physical
lavout of this particular area (due to the elevation change and potential 'blind spots'), the
coy: erade of the existing lighting does not appear to be sufficient.
There are 6 'outposts' (small guard shacks) on the exterior side of the perimeter fence
(illustrated in Figures 5 -7), which are several hundred feet apart from each other. These
outposts are staffed 24 hours a day by an unarmed security officer. The outposts on the East
side of the facility are responsible for the vehicle gates, and for issuing security passes. The
security officers have a radio and cellular phone for communication. In addition to these fixed
posts, there is a roving patrol vehicle with sworn police officers.
It should be noted that all of the security officers and sworn police officers are unarmed. These
personnel are authorized to carry Oleoresin Capsicum (O.C.) spray.
There is no closed circuit television (CCTV) surveillance on the perimeter fence, although there
are cameras (Figure 8) inside of the housing areas.
C![stodv Support Services, telephone: (213) 893-5102 fax: (213) 613-4780 Page 3
RECO `INfENDATIONS :
The perimeter fence is the single most important factor for facility security. because it serves a
dual purpose - to keep confined people inside, and to keep intruders outside. The Los Angeles
County Sheriffs Department Custody Division has employed several different types of
technology in regard to perimeter fence security, which would be appropriate for any facility
housing persons identified as posing a potential threat to the general public.
Depicted below are examples of the perimeter security measures at the Los Angeles County
Sheriffs Department's Pitchess Detention Center - North Facility (PDC -North). This particular
facility has a single perimeter security fence, which is comprised of the following materials.
that when combined, create a formidable security barrier (Figure 9).
Standard Chain Link (Figure 10)
Welded Security Mesh (Figure l l)
Anti -climb Mesh (Figure t 2)
Razor Ribbon (Figure l3)
Barbed Wire (Figure 14)
Figure 9 -The PDC -North perimeter fence.
Figure 10 - A close-up of the standard
chain link fencing.
Figure I I - A close-up of the welded
security mesh on the exterior side of the
I ence.
Figure 12 - arrow indicates the and -climb
mesh.
CustodY Support Services, telephone: (213) 893-5102 fa -r: (213) 613-4780
Page 4
Figure 13 - Close-up of the razor ribbon at
the top of the perimeter fence.
Figure 14 - arrow indicates the barbed
wire.
The following systems are also integrated into the PDC -North perimeter fence:
iViotion. Tension, and Tamper alarms (which provide coverage on the interior
and exterior of the fence).
CCTV surveillance cameras.
Lights that provide illumination on both sides of the fence.
The motion, tension, and tamper alarms have sensors all along the perimeter fence, and can be
seen in Figures 10, 12. and 13. These systems are monitored in Main Control, which is
somewhat similar to the Porterville Dispatch Center. The primary difference between the two
areas is that Main Control is located within the perimeter fence at PDC -North. In addition.
:Main Cuntrol at PDC -North operates the vehicle and pedestrian sallyports via low -voltage
graphic control panels.
The CCTV cameras (Figures 13 and 15) have two distinct functions. The primary function is to
prop ide full-time surveillance of the perimeter fence, which is monitored in Main Control. In
addition, then are also integrated into the motion, tension, and tamper alarm system. Upon any
sensor activation.
an alarm sounds in Main Control, and the CCTV equipment automatically starts recording the
area where the sensor was activated.
The -lights on the perimeter fence (Figures 9 and l6) are spaced approximately 75- 100 feet
apart. yThis provides more than sufficient illumination on both sides of the fence. In addition,
the lights on the buildings.(Figure 17) are mounted on a raised bracket, whereas the Porterville
light; were mounted flush on the building walls. minimizing the range of illumination.
Custody Support Services, telephone: (213) 893-5102 fax: (213) 613-4780 Page 5
0
Figure 15 -Close-up of CCTV
surveillance camera.
Figure 16 - Close-up of perimeter
fence lights.
Figure 17 - Close-up of light
mounted on wall of building.
From a risk management perspective, a custodial facility must be pro -active in the area of
perimeter security. especially in a densely populated area such as Pomona. and neighboring
cities of Walnut and Diamond Bar. Therefore, we recommend that Lanterman Hospital employ
similar security measures as are used at the PDC -North Facility in the construction of their
perimeter fence around where the forensic clients will be housed.
COMPOUND SECURITY:
Prior to entering the secured area, all visitors are required to show picture identification in order
to get a security pass. After the group (Deputy Saldecke, Captain iVtartinez, and Cityof Walnut
officials) received their security passes, they entered the compound. Deputy Saldecke was
carrying an attache case that was not searched prior to entering the compound.
There were a number of individuals in the yard area when the tour group entered the
compound. The Director of Police Services, George Horuath. explained that some -of the clients
have been given approval to perform grounds maintenance, under constant staff supervision.
When Deputy Saldecke looked at the group of people, who were all wearing regular street
clothes, he asked Ntr. Horuath which ones were the staff supervising the work crews. After
some hesitation, 1vlr. Horuath pointed out a female, and said he wasn't sure who else was a staff
member.
Trash is placed in dumpsters located in the yard between buildings. Trash trucks are allowed
into the compound to empty the dumpsters. according to PortervIIle personnel, these
dumpsters are not searched. although there are plans to start conducting searches.
Client visits are held, depending on weather conditions, either outside in the yard area or inside
one of the buildings.
Custodv Support Sen -ices, telephone: (213) 893-5102 fax: (213) 613-4780 Page 6
RECONLMENDATIONS:
Allowing packages to enter a secured compound without being searched is a glaring deficiency.
The potential for visitors to bring in contraband in a package, or assigned staff to inadvertently
bring in contraband should be a concern at every facility housing segregated persons. The lack-
of
ackof searches can lead to a serious breach in the facility's security.
Prior to entering the secured areas at any of the Los Angeles County Sheriff s Department
Custody Division facilities, all line personnel and visitors must pass through a sallyport. While
in the sallyport, packages are searched, and visitor passes are also issued. We recommend that
Lanterman Hospital utilize a sallyport for all pedestrian traffic entering the compound, and
develop and implement procedures to ensure that all packages brought into the secured area, by
staff and/or visitors, are searched thoroughly.
In the event of an escape or other emergency, it is imperative that clients be immediately
distinguishable from staff personnel and/or the general public. Custody Division utilizes
several different colors of uniforms to distinguish between general population inmates, inmate
workers. medical patients. etc.
This particular area is one that Lanterman Hospital personnel must be pro -active in, especially
when the dense population of neighboring communities is factored in. We recommend that
Lanterman Hospital develop a standard issue of clothing for clients housed in the secure area.
such as denim jeans and colored t -shirts.
All vehicles eniering secure compounds must be searched prior to entering, and prior to
leaving. We recommend that Lanterman Hospital integrate a vehicle sallyport into the
perimeter fence. and develop and implement procedures to ensure that all vehicles are searched.
By keeping trash dumpsters inside of secured areas, it provides a potential hiding place and
possibly even materials to assist in an Iescape attempt. We recommend that Lanterman Hospital
implement the following procedures for the removal of trash from the secured compound:
• Place all trash and/or debris in carts.
• Take these cans to the vehicle sallyport.
Transfer the trash and/or debris from the first cart to a second cart.
• Take the second can out of the vehicle sallyport, and take the contents to a
dumpster.
This method will ensure that all cans. containers, boxes. etc. are searched for concealed persons
prior to being able to leave security.
Cusrodv Support Services, telephone: (213) 893-5102 fax: (213) 613-4780 Page 7
Each Custody Division facility utilizes a dedicated area for visitors, separate from secure areas.
This allows for control of both the inmate and the visitor. and reduces the potential for
introduction of contraband into secure housing areas. We recommend that Lanterman Hospital
establish a dedicated area for visitors, and develop procedures to ensure that all packages are
searched. In addition, we recommend that procedures for searching clients prior to being
allowed to return to housing areas be developed and implemented to reduce the potential for
contraband entering the secured areas.
BUILDING SECURITY:
Each typical housing building is made up of four corridors of client rooms (Figure 18), a dining
room ( Figure 19), a staff station (Figure 20), and several offices for medical staff. Each
entrance to the building is alarmed, and is monitored in the staff station (Figure 2l) and in the
Dispatch Center. The windows on the exterior of the building all appear to be standard
plexiglass in metal frames.
Fisure l8 - Typical housing
Comdor_ Arrow indicates client
living quarters.
Figure l9 - View of dining room_
Figure 20 - Typical staff station.
Figure 21 - Graphic control panel
that shows status of building's
doors.
Figure 22 - Typical client room.
Figure 23 - Typical dining, room
window. Arrow indicates frame
for stainless steel mesh.
Clients are housed four to a room. Each client has a bed and a wall locker for personal items
(Figure 22). Each room has partitions and a door that separate it from the corridor (refer to
Custody Support Services, telephone: (213) 893-5102 fax: (213) 613-4780Page 8
C�
r
Fiaure 18). There are CCTV cameras that provide surveillance of each corridor and the dining
area.
Metal utensils are used with the meals served in the dining room. According to staff, these
items are counted prior to and after all meals. The windows in the dining room (Figure 23) are
covered with a stainless steel fine mesh in a metal frame. The windows themselves are _
standard plexiglass in metal frames.
A member of the medical staff is assigned to the staff station. This individual is responsible for
monitoring the CCTV cameras, the Graphic control panel (refer to Figure 2 1). and various other
duties. The walls of the staff station stop approximately 14 inches below the ceiling, with
security mesh in metal frames extending to the ceiling (refer to Figure 20). Deputy�Saldecke
was unable to determine whether or not the dazing is impact -resistant. or attack rated.
RECOMMENDATIONS•
Over the past several years in Los Angeles County, there have been some successful escapes by
inmates who have used a variety of handmade ropes fashioned from bed sheets, towels,
clothing, and even plastic trash bags. As a result, Custody Division personnel are keenly aware
of monitoring items that may be used to effect an escape. We recommend that Lanterman
Hospital attempt to minimize the available materials that could potentially be fashioned into
ropes. such as drapes. and so on.
Prior to the latter part of l 991, inmates in Custody Division were allowed to smoke. When
lighters and/or matches were not readily available, inmates would stick pieces of metal into
electrical outlets and light their ciaarettes. According to Porterville personnel, clients are
allowed to smoke outside. As was the case with Custody Division, these clients utilize the
same method for lighting their ci-arettes when lighters and/or matches aren't readily available.
We recommend that Lanterman Hospital designate all client areas as non-smoking to eliminate
the potential for fires, electrical burns, or possibly even electrocution.
The kitchen area and dining area are together in the same room. We recommend that
Lanterman Hospital separate the two areas with a security wall, in order to prevent clients from
having direct access to knives and other kitchen utensils. In addition. we recommend that
clients be given plastic eating utensils, which will reduce, although not eliminate, the potential
for being used in an escape attempt. or as a weapon.
The use of Plexiglass does not constitute a secure glazing. We recommend that Lanterman
Hospital install impact resistant, attack -rated security glazing in all exterior window frames, in
addition to any types of security mesh.
Cusrody Supporr Services, telephone: (213) 893-5102 fax: (213) 613-4780 Paoe 9
We recommend that an unarmed security officer be assigned to each staff station, with the sole
responsibility of monitoring security of the housing area. Any walls surrounding the staff
stations should extend fully to the ceiling. All windows should be impact resistant, attack -rated
security ;lazing. The staff station should be isolated from all other work areas, to reduce the
amount of traffic passing through. The entry doors should have a hardened Folger Adams-sryle
lock for maximum security.
Figures 24 and 25 illustrate a typical officer work station at PDC -North.
Figure 24 - Exterior view of
typical PDC -North staff station.
PROCE )URAL SECURITY•
Figure 25 - Interior view of staff
station.
On a monthly basis. Porterville administrative personnel send the Porterville Police Department
and California Highway Patrol a list of all forensic clients currently being housed at the facility.
This is to be commended.
RECO�INIE`DATIONS:
We recommend that Lanterman Hospital distribute a similar list to all of the local
municipalities' Police Departments. In addition, with the recent advances in digital picture
technology, we recommend that digital photographs of the clients be included on the list, or at
least available at the facility, for quicker identification in the event of an escape.
SUNLN--LARY:
During the previous year, Porterville Developmental Center has made several improvements in
regard to perimeter security. With the installation of the second perimeter fence and a single
vehicle/pedestrian sallyport, security will be even more enhanced. However, the following are
the most important deficiencies thr.t should be addressed. and not repeated at Lanterman
Hospital.
Custody Support Services, telephone: (213) 893-5102 far: (213) 613-4780 Page 10
► Perimeter fence - This is the most important part of a facility's security. and
should not be treated lightly, since it serves as the last barrier between the
general public and clients. Existing technology, motion/tension/tamper alarm
systems. CCTV surveillance systems, etc., is available that results in a perimeter
fence being a formidable barrier.
► All packages entering the secured area should be searched for contraband.
► Clients and staff must be immediately distinguishable from one another,
especially considering the densely populated areas surrounding Lanterman
Hospital..
, ► A dedicated area needs to be utilized as a visiting center. Visitors should not be
allowed to enter secured areas.
The facility should be designated as 'non-smoking.'
All exterior windows should be impact resistant, arrack -rated security ;lazing.
The security measures for staff stations should be upgraded, including, but not
limited to, impact resistant, attack -rated security glazing, floor -to -ceiling
security walls, and assignment of a dedicated security officer instead of medical
staff.
The most important thing to remember is that no facility can ever be considered escape -proof;
however. with the implementation of the recommendations contained in this review,•the
potential for an escape will be greatly reduced.
Custody Support Services, Telephone: (213) 893-5102 fax. (213) 613-4780 Page l l
2.
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
MINNEQUA LANDSLIDE
SOLID WASTE TASK FORCE REPORTS
MARCH 2, 1999
CITY COUNCIL CALL TO ORDER: Mayor Chang called the meeting to order
at 5:13 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, Mayor Pro Tem
O'Connor and Mayor Chang. Council Members Herrera and Huff were excused.
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; Rose Manela, Assistant Civil Engineer; Kellee Fritzal, Assistant to the City
Manager and Anne Haraksin, Administrative Assistant.
A. MINNEQUA LANDSLIDE
DDPW/Liu introduced Justin Hampton, Kleinfelder & Associates.
In response to CM/Belanger, Mr. Hampton explained that the borings revealed that
the area is a fill slope. Approximately 15 to 20 feet of fill was placed on a bedrock
natural cut slope. The failure was in the fill material and not in the bedrock material.
To remedy the situation, he proposed that the slide debris be removed, back cut
near the existing bedrock, fill, contact and rebuild the slope with compacted
engineered fill. One thing that has been added to the design is a sub -drainage
system. He believed that one of the factors involved in promoting the landslide was
the accumulation of moisture that would be mitigated by the sub -drainage. The
estimated cost to rebuild the slope for 5800 cubic yards of cut and 6100 cubic yards
of fill including import of about 1850 cubic yards is $150,000 to $250,000.
Contractors have not been solicited for bid estimates. He anticipated that this
project will have to be done with specialized small equipment and that the
procedure will be very labor-intensive due to access restrictions between the
dwelling units. Other mitigation alternatives do not include total removal and do
include installation of retaining walls near the toe, mid -slope and top. There would
be some fill placement. Foundations for the retaining walls would be very extensive
and very costly because of access restrictions. They would require deep caissons
into the bedrock, equal distances of infill into the bedrock. Cost for this type of
procedure would exceed the cost of the previously described mitigation measures.
The existing amount of fill is approximately 5500 to 5800 cubic yards. The depth
is approximately 10 to 14 feet.
MPT/O'Connor asked if Mr. Hampton perceives a potential that this slope could
carry out to other slopes or homes along the ridgeline.
Mr. Hampton stated that there are many slopes in the area_ He had not reviewed
MARCH 2, 1999
PAGE 2
the entire ridgeline in order to speculate what may happen. Many variables had to
come together in order for the landslide to occur. If the same set of variables came
together with the same degree of intensity, it could potentially happen on a similar
slope.
CM/Belanger stated that the existing condition prior to the time that slippage
occurred was that slippage had already occurred on the property from which the
primary failure originated in the early 1980's. The then owner of the property
attempted to put in a system of railroad ties that lay on top of the previous failure.
It appears that that is what failed and slumped over the top of the lower grade and
in the process, took a portion of the immediately adjacent property. The information
available to the City about the rest of the slopes is that they still remain in the
condition that was present when the property was sold.
Bill Grey asked whether vegetation would need to be replaced on the slopes.
Mr. Hampton responded that the slopes would need to be revegetated to prevent
erosion and future failures, the cost for which would be minimal. He responded to
MPT/O'Connor that he did not know if the estimate includes the cost for
revegetation.
George Thawley asked if the proposed mitigation would impact the useable space
of the properties.
Mr. Hampton responded that the toe and top of the slope are very near the pre -
failure conditions and he did not believe there will be a loss of useable space.
CM/Belanger stated that the property line for these properties is about mid -slope.
The property is not being reduced because the line exists in the air. If Mr. Thawley
is talking about the pad area, very little pad area from either the upper slopes or the
lower slopes would be lost, if any because this project is proposed to be completed
within the existing slope.
Mr. Hampton explained to Mr. Thawley that the mitigation effort will reinstate the
slope to its current condition and not to current City Code. Due to the steepness
of the slope, the calculated safety factor is less than 1.5 which is current drainage
code. The sub -drainage has been included to help reduce the amount of water in
the slope which will help reduce the potential for another failure. The slope was
constructed with in the current practice at the time of construction. This slope
would not be constructed in this manner under current standards and methods of
construction and design. Most likely, the slope would be constructed today at a 2:1
ratio.
DDPW/Liu stated that Kleinfelder & Assoc. conducted a limited geological process
in order to observe the existing provisions of the recorded failures. Kleinfelder
noted that the entire slope area is impacted by several generations of relatively
shallow slope failures. They concluded that over the years, the failure of the
MARCH 2, 1999
PAGE 3
homeowners to maintain their respective portions of slopes and the seasonally
intense rainfall experienced this past winter contributed to the results of the slope
failure. In order to repair and rebuild the slope, Kleinfelder suggested that it will be
necessary to remove all of the loose and disturbed soil. In order to properly prevent
future failure, constant and ongoing maintenance will need to be provided to
preserve the slope.
In response to MPT/O'Connor, CM/Belanger stated that this is a different type of a
physical situation. It is more in the line of an extensive rill as opposed to the type
of landslide that is apparent to the east. It is a function of water draining in the
wrong direction. Instead of flowing to the street, it went over the back of the
property and began to create its own pathway which over the years has affected
other structures that were there to take care of drainage. At the time this process
was begun by Council, there was a budget item in the form of CDBG monies in the
amount of $156,000. Preparation of plans and specifications would cost about
$10,000. Originally, the amount of money contemplated for mitigation of this
situation was approximately $100,000. Based on today's report, a construction
project could cost from $150,000 to $250,000 for all sites which is more money than
is permissible to spend by the County. One of the issues before Council is the
extent to which the City would continue participating in any project, and the extent
to which property owners would be asked to participate in the rehabilitation of their
property-
MPT/O'Connor asked if the process would be to discuss this matter with the five
property owners and then for Council to decide how to proceed.
CM/Belanger stated that, from a policy standpoint, that would be an approach. This
is consideration of a project that exceeds the amount of money that has been
allocated; this is private property, not public property. The question is, to what
extent does the property owner ultimately benefit from the remediation of the
property and therefore, to what extent does the property owner participate in the
solution to the problem.
DDPW/Liu stated that three homes are immediately threatened. Lots 77 and 79 are
not directly threatened. However, mitigation measures need to be instituted to
protect those properties.
CM/Belanger said it appears that the grades of the lower properties are intact.
In response to MPT/O'Connor, Mr. Hampton stated that the cost estimate assumes
that there is a staging area for removal some distance away where a truck can
make a round trip in about an hour. Completion of the project is estimated to be 30
to 90 days. The dirt would be stockpiled for two to three weeks.
In response to M/Chang, CM/Belanger explained that approximately $100,000 of
CDBG funds are still available for this project.
MARCH 2, 1999
PAGE 4
M/Chang stated that CA/Jenkins indicated that utilizing public monies for private
property is against the law.
CM/Belanger pointed out that there may be other alternatives for mitigation
measures that would result in re -instituting the cross swales to insure that area
drainage is reconnected and assuring that future slippage is unlikely to occur.
Tonight's presentation involves the ultimate project. There may be other iterations
of the project that will come closer to the amount of monies available.
Tom Saglime asked if the City is willing to obtain bids from other contractors.
CM/Belanger explained that the money being utilized for this project is federal
money (CDBG) and use of these monies have fairly specific rules including
preparation of plans and specifications, prevailing wage provisions, etc. which has
the effect of driving the cost up. If the property owners pooled their money and
obtained their own contractor, it is likely that the project would cost less money.
CA/Jenkins stated that it will cost the City at least $15,000 to prepare plans and
specifications to put the City in a position to put the project out for bid. The
question is, does the Council want to spend $15,000 of CDBG monies without any
indication that the property owners are willing to financially participate in the project
just to see what the cost of the project might be. Or, does the Council wish to get
an initial indication of the willingness on the part of the property owners to
participate, and if so, to what extent, to determine whether it is realistic to go
forward. Even if the consultant is off by 10 or 15°x6, there is still the need for
significant financial participation by the property owners.
CM/Belanger responded to Kathy Krick that the DBIA offered to engage in a project
similar to the "Paint Our Town" project which involves assisting property owners
who cannot afford to paint their homes. The City approached DBIA to perhaps
consider doing a similar type of project in the landslide area. The ability of DBIA
to do this type of project is somewhat contingent upon recommendations from the
geotechnical engineers as well as the civil engineers as to what kind of work they
could reasonably be expected to perform that would reduce the cost of the project.
DBIA is willing to participate. The extent of their participation is still to be
determined.
In response to MPT/O'Connor, CM/Belanger stated that the California Conservation
Corps (CCC) said they would be willing to participate in this project. The limitations
with the CCC are seasonal --if something else happens elsewhere in the state, the
state has first call on their services.
CM/Belanger stated that this project should be accomplished prior to the next rainy
season (October, 1999).
Bill Grey asked about tax benefits.
MARCH 2, 1999
PAGE 5
C/Ansari said that she was told she would be able to write-off stabilization repair
costs when she sells her home.
Ms. Abernathy said that she did not witness any damage to the bottom level prior
to last January. The vegetation on the hill is the same vegetation that was present
when the tract was built.
CM/Belanger stated that the two property owners involved in the second situation
need to meet with the City's Engineering staff and the consultant in order to obtain
answers regarding their concerns.
Firman Lopez said there was no damage to his slope but he was told by Deputy
Sheriffs that he would have to leave his home. He expressed concern about his
ability to financially participate in the project.
B. SOLID WASTE TASK FORCE REPORT.
J. Michael Huls, R.E.A., presented the Solid Waste Task Force Committee's report
and recommendations to the Council.
Red Calkins asked if recycling numbers include statistics for people who sell their
aluminum cans and bottles.
Mr. Huls responded that the City gets credit if the material shows up in the landfill.
Dave Reynolds responded to Red Calkins that Sacramento provides technical
assistance for cities.
Mr. Huls said that Sacramento staffers will tell cities that they need to implement
curbside and variable rates, place ordinances on businesses, etc. and if cities do
these things they will reach a certain percentage. However, if cities do not reach
those percentages, they will be fined.
Bill George said there a lot of programs that can be implemented and cities know
what the programs are. Cities can include surplus fees on charges to pay for the
services in order to reach compliance. The question has always been "what are the
businesses and residents willing to pay to make this happen?" If Council decided
to implement all of the programs and raised the rubbish collection bill by $4.00 per
month would that be a viable answer for Mr. Calkins.
Red Calkins asked how the cities can receive more credit for recycling by charging
the consumer more dollars?
Bill George responded that collection companies will collect more materials and pay
someone to take the waste. Collection companies are bound by whatever amount
they are willing to pay for the recyclable materials. Whatever the amount of
recovery, the collection company is bound by contract to pick up the material and
MARCH 2, 1999
sell it.
PAGE 6
C/Ansari believed the City needs to seriously consider implementation of a multi-
family residential recycling program. She asked what effect the changes in
Sacramento will have on the cities.
Mr. Huls felt that cities will see a greater emphasis on regulations. With the
appointment of former Senator Roberti, he believed the Southern California area
will have a greater voice and a better understanding of the mandates.
Dave Reynolds encouraged the City to establish standards and definitions prior to
June 30, 1999 in order to give the haulers an opportunity to more properly institute
the programs.
CM/Belanger stated that D.B. currently has a modified open market system. Any
hauler who wishes to do business in D.B. must agree to adhere to the City's
standards which has significantly reduced the number of haulers. Every two years,
haulers must apply for renewal of their permit. As of June 30, 1999, all permits
expire which means that the haulers doing business in D.B. have to decide whether
they want to continue doing business for the next two years.
Red Calkins said that when a City has one hauler, it cannot control charges and he
said he wants the ability to choose his hauler.
Council Member Huff arrived at 6:26 p.m.
Mr. Huls indicated that the City is not obligated to give a two year permit extension.
The permit may be extended for any period of time - 3 months, 6 months, etc.
However, the City is rapidly reaching the time that it needs to make decisions about
solid waste recycling. The public forum is the best approach for putting forth
information and receiving feedback.
Bill George stated that the closure date for SPADRA will be extended at least
another six months. He reiterated his concern that with the new regime in
Sacramento, standards will be tightened. He is concerned that the state regulators
do not seem to have a clear concept of the relationship between costs and benefits.
3. 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 PARKS & RECREATION COMMISSION
HEARING BOARD ROOM OF S.C.A.Q.M.D.
21865 Copley Drive
JANUARY 28, 1999
CALL TO ORDER:
Chairman Finnerty called the meeting to order at 7:06 p.m.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by Chairman Finnerty.
ROLL CALL:
Present: Chairman Finnerty and Commissioners Anis, Holder and Pruitt.
Vice Chairman Nolan was excused.
Staff: Bob Rose, Community Services Director, Wendy Bowman,
Community Supervisor and Kim Crews, Recreation Specialist.
MATTERS FROM THE AUDIENCE: None
1. CONSENT CALENDAR:
1.1 Approval of Minutes of December 17, 1998 Regular Commission Meeting
C/Anis asked that the following be added on Page 7 under ANNOUNCEMENTS:
"C/Anis reminded CSD/Rose that he could obtain the telephone number of the
company that prepared the blueprints for the Rancho Cucamonga skateboard park
facility from the Mayor of Rancho Cucamonga".
Chair/Finnerty moved, C/Holder seconded, to approve the minutes of December
17, 1998 as amended. Motion carried 4-0 with VC/Nolan being absent.
2. INFORMATIONAL ITEMS:
2.1 Recreation Update
JANUARY 28, 1999
2.2
PAGE 2 PARKS & RECREATION COMMISSION
CSS/Bowman presented the recreation update for Athletics, Tiny Tots and
Marketing programs. She introduced Kim Crews, Recreation Specialist.
RS/Crews presented her credentials and updated the Commission on the Contract
Classes.
The Commissioners welcomed RS/Crews.
Update of CIP Projects:
2.2.1 ADA Retro -fit of Heritage and Ronald Reagan Parks
CSD/Rose presented staff's report. He stated that the ADA retrofit bids were
released for Ronald Reagan Park and Heritage Park. Six bids were received. The
low bid received came in at about $64,000 above the estimate for this project. The
City's Public Works Division is evaluating the bid. CSD/Rose stated that he
anticipates that this matter will go before the City Council at its February 16
meeting.
2.2.2 Lorbeer Ballfield Lighting
CSD/Rose stated that the State approved plans and specifications are being plan
checked by the City's Building and Safety Department. This matter will appear on
a future City Council Agenda for purposes of putting the project out to bid. Ed
Walsh, Pomona School District, anticipates this project will commence
construction in June or July, 1999.
2.3 Skateboard Park Update
CSD/Rose reported that this matter was discussed by the City Council at its
February 2 meeting. By a 3-2 vote the Council determined that it was not
interested in moving this project forward to the current fiscal year. However, the
project will be considered for the next fiscal year when the City Council determines
its 1999/2000 Fiscal Year budget. Staff's recommendation is to design and
construct the Skateboard Park in the next fiscal year. He stated he spoke with the
petitioners and explained that the City Council is not rejecting the skateboard park
concept. He complimented Chair/Finnerty for her comments in support of the
Commission's recommendation before the City Council.
JANUARY 28, 1999
2.4
2.5
2.6
2.7
Spanner Banner Update
PAGE 3 PARKS & RECREATION COMMISSION
CSD/Rose stated that on February 2 the City Council instructed staff to release a
Request for Proposals (RFP) to find a design team for the construction of banner
support systems. The Council is concerned about the cost and the aesthetics.
Chair/Finnerty stated that she believes that the proposed Diamond Bar
Boulevard/south side of Grand Avenue location is not feasible and that the location
should be moved to the north side of Grand Avenue or closer to Mountain Laurel
Way.
CSD/Rose explained that the consultant will be asked to evaluate locations. A
suggestion was presented to the City Council to consider cooperation with
Telecommunications companies in the placement of antenna sites on spanner
banner supports.
Vending Machine Update
CSD/Rose stated that staff released the RFP for vending machines. Pepsi Cola has
indicated an interest in responding. Coca Cola has not yet responded. Responses
are due toward the end of February.
Doggie Pot Update
CSD/Rose demonstrated how the Doggie Pot functions. Prepackaged containers
are dispensed free. Dark green dispensers will be placed in several locations at
each City park prior to Spring: Four locations in Pantera Park; three locations in
Peterson Park; three locations in Summitridge Park; three locations in Maple Hill
Park; three locations in Sycamore Canyon Park; three locations in Ronald Reagan
Park; two to three locations at Paul C. Grow Park; two locations in Heritage Park;
one location in Starshine Park and one in each of the mini/pocket parks.
Community/Civic Center Task Force Update
CSD/Rose stated that the task force held two meetings in January. The first meeting
was a bus excursion to tour facilities and the second meeting was held to begin
establishing priorities for the proposed Civic Center complex. The next meeting is
scheduled for February 10, 1999.
JANUARY 28, 1999
3.
4.
PAGE 4 PARKS & RECREATION COMMISSION
2.8 501(c)(3) Foundation Update
CSD/Rose reported that the City Council supports the Foundation in concept and
awaits approval of form of the proposed articles of incorporation and by-laws by the
City Attorney.
OLD BUSINESS: None
NEW BUSINESS:
4.1. Proposed Dates for 1999 Summer Concerts In The Park Series
CSD/Rose stated that the weekly series is slated to begin on Wednesday, June 16
and includes 10 concerts. Entertainment for the final concert has not yet been
determined. Future America has indicated an interest in providing the final
concert.
Following discussion, CSD/Rose concurred with Chair/Finnerty's recommendation
to have staff request Future America to provide a video and/or audio tape for review
by staff and the Commission.
4.2 Development of a Mission Statement
CSD/Rose presented staff's report. Staff recommends that the Commission establish
an ad hoc committee to assist staff with the development of a Mission Statement for
Parks and Recreation.
Chair/Finnerty appointed herself and VC/Nolan to serve as ad hoc committee
members to assist staff with the development of a Mission Statement for Parks and
Recreation.
4.3 Development of Park Rules Signage
Chair/Finnerty appointed C/Anis and C/Holder to serve as ad hoc committee
members to assist staff with the prioritization of the rules to include on Park Rules
signage. C/Anis and C/Holder agreed to meet at 11:00 a.m. on Wednesday,
February 3 at City Hall.
JANUARY 28, 1999
PAGE 5 PARKS & RECREATION COMMISSION
4.4 Review of Facility Use Policies
Chair/Finnerty appointed C/Pruitt and VC/Nolan to serve as ad hoc committee
members to review the Facility Use Policies for potential changes/additions.
ANNOUNCEMENTS:
C/Holder recommended that the City paint the curbs red along the exit near the parking lot exit
at Pantera Park and that trash cans be placed in the natural areas of Sycamore Canyon Park.
CSD/Rose indicated that a Traffic and Transportation Commissioner recommended that trash
containers be placed at each bus stop bench. Staff has contacted the City's bus service to
determine whether they are interested in expanding their service to include these locations. He
asked C/Holder to consider whether placement of trash cans at each bus bench would help
mitigate the situation.
C/Pruitt stated she and her son enjoyed participating in the Bowl -a -Rama. She said the new flags
that were placed along Diamond Bar Boulevard look much better than the old flags. She spoke
about her tour of Maple Hill Park. She stated that she and PMS/Hensley discussed lowering the
Dogs on Leash signs. She indicated that she is attending the Western Region Conference for Pop
Warner Football in Hawaii as a delegate.
Chair/Finnerty stated that the only deficiency she observed during her tour of Pantera Park was
a lack of trash cans. There are no trash cans next to the building and tennis courts nor on the
pathway between the two locations. There is only one trash can next to the basketball court. She
said there needs to be trash cans located at all park entrances.
CSD/Rose indicated to C/Holder that the water element will be added to the Riparian Habitat in
Sycamore Canyon Park following the installation of fencing along both sides of the trail.
C/Holder asked that the debris at the northeast corner (adjacent to Diamond Bar Boulevard) of
Sycamore Canyon Park be removed.
C/Pruitt commented that the City's Anniversary Celebration meetings have been very productive.
JANUARY 28, 1999 PAGE 6 PARKS & RECREATION COMMISSION
ADJOURNMENT:
C/Anis moved, C/Holder seconded, to adjourn the meeting. There being no other business to
come before the Commission, Chair/Finnerty adjourned the meeting at 8:57 p.m.
Respectfully Submitted,
/s/ Bob Rose
Bob Rose
Secretary
Attest:
/sl Annette Finnerty
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, March 16, 1999
DATE: March 11, 1999
Attached is the voucher Register dated March 16, e uc
990As
requested, the Finance Department is submittingh prior to
er
register for the Finance committee's review and approval
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 March 16, 1999 have been
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following funds in these amounts
FUND
DESCRIPTION
PREPAID
VOUCHERS
TOTAL
001
GENERAL FUND
91,063.15
120,873.13
211,936.28
112
PROP A - TRANSIT FUND
.00
57,944.23
57`944.23
118
AIR QLTY IMPR FD (A62766)
.00
S2.80
82.80
125
COM DEV BLK GRANT FUND
.00
79.39
79.39
1.26,
CITIZENS OPT -PUBLIC SFTY
'00
845'37
845.37
138
LLAD #38 FUND
,00
3,706.97
3,706.97
139
LI -AD #39 FUND
.00
4,132.66
4,132.66
141
LLAD #41 FUND
.00
2,292.22
2,292.22
250
CAPITAL IMPROV/PROJ FUND
.00
44,042.69
44,042.69
REPORT FOR ALL FUNDS
325,062.61
91,063.15
233,999.46
APPROVED BY:
Linda. 0. Ma4nuson Deborah H. O'Connor
Finance Director Mayor Pro Tem
Terrence L. Belanger Carol Herrera
City Manager Councilmember
RUN DATE: 03/11/1999 13:25:28 J..H"_�A. JAR
VOUCHER RE"IStE PAGE: 1
DUE TAU: 03 1,;/t9a9
FUND/SECT-ACCT-PROJECT-ACCT
ACCURATE LANDSCAPE
0015316-45300--
0015318-45300--
0015319-45.300--
1385538-45500--
0015325-45300--
001532?-45300--
0015331-45300--
()15328-45300--
1395539-45500--
1415541-45500--
0015313-45300--
0015313-45300--
ARMENTROUT CONSULTANTS
0014440-44040--
ARTISORT
0014095 -46235 --
AT&T
0014095 -42125 --
0014090 -42125 --
0014090 -42125 --
ATHENS SERVICES
0015510 -45501 --
BILL'S LOCK AND SAFE
0015310 -42210 --
CABLING SYSTEM WAREHOUSE
0014095-46230--
PO # INVOICE
DESCRIPT I (IN
9902030 MTHLY MAINT-FEB.MPLE HILL
9902030 MTHLY MAINT-FEB.PANTERA
9902030 MTHLY MAINT-FEB.PETERSON
9902030 MTHLY MAINT-FEB.DIST. #38
9902030 MTHLY MAINT-FEB.STARSHINE
9902030 MTHLY MAINT-FEB.R.REGAN
9902030 MTHLY MAINT-FEB.SYCM CYN
9902030 MTHLY MAINT-EEB.SUMMITRDG
9902030 MTHLY MAINT-FEB.DIST. #39
9902030 MTHLY MAINT-FEB.DIST. #41
9902030 MTHLY MAINT-FEB.HERITAGE
9902030 MTHLY MAINT-FEB.PAUL GRW
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
7771 EMERG. SVCS PLNN-FEB '99
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
8402 671467 MODEM UPGRADE
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
PH.SVCS-ECON DEV
PHONE SERVICES
PH.SVCS-GEN GOVT
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DILE VENDOR
AMOUNT
690.83
2,500.99
1,454.38
^,400.00
v
345.46
1,013.25
690.83
2,000.51
3,900.00
2, 000.00
587.21
863.54
.00
19,447.00
19,447.00
1,180.00
.00
1,180.00
1,180.00
193.65
.00
193.65
193.65
45.53
28.72
252.90
.00
327.15
3^47. 15
7859 STR SWEEP SVCS -12/28-1/31 10,569.41
TOTAL PREPAIDS .00
TOTAL VOUCHERS 10,569.41
TOTAL DUE VENDOR 10,569.41
140736 DUPLICATE KEYS 9,70
TOTAL PREPAIDS .00
TOTAL VOUCHERS 9.70
TOTAL DUE VENDOR 9.70
952004 CABLE ADAPTERS 25.44
TOTAL PREPAIDS .00
TOTAL VOUCHERS 25.44
TOTAL DUE VENDOR 25.44
PREPAID
DATE CHECK
RUN DATE: 03/11/1999 13:25:CITY OF DIAMOND BAR
28 VOUCHER REGISTER PAGE; 2
DUE THRU: 03/16/1999
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE
DESCRIPTION
PREPAID
'CHECK
AMOUNT
DATE
CAL SCHOOL & SPORT
0015331-42210--
0015313-42210--
8294
12512
SWING SEATS-SYC CYN PK
61.81
0015316-42210--
8294
12512
SWING SEATS -HERITAGE PARK
123.62
8294
12512
SWING SEATS -MAPLE HILL PK
61.81
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
247.24
TOTAL DUE VENDOR
247.24
CALIFORNIA CONTRACT CITIES ASSC
0014031-42330-- COW 5/13-16-C MGR
0014010-42-330--390.00
CONE 5/13-16 C COUNCIL 1,560.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 1,950.00
TOTAL DUE VENDOR 1,950.00
CAPIO
0014095-42315-- CAPIO '99 AWARDS ENTRY 115.00 03/16/1999 35314
TOTAL PREPAIDS 115.00
TOTAL VOUCHERS .00
TOTAL DUE VENDOR 115.00
CAPP
001-23002-- 49341 SECURITY DEP. REFUND 204.00
001-P3002--49171 SECURITY DEP. REFUND
50.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 250.00
TOTAL DUE VENDOR 250.00
CCS, INC. (PRESENTATION SYSTEMS)
001-20710-- 022867 USE TAX
0014095-46230-- -576.67
U� 022867 DIGITIAL PROJECTOR 7,214.86
ODI40:_-462.0-- 022867 DIGITAL PROJECTOR CASE 351.81
TOTAL PREPAIDS .00
TOTAL VOUCHERS 6,990.00
TOTAL IUE VENDOR 6,990.00
CHAMBER OF COMMERCE OF WEST COVINA
0014010-42325-- LEGIS POWER MTG-O'CONNOR 23.00 03/16/1999 35296
TOTAL PREPAIDS 23.00
TOTAL VOUCHERS .00
TOTAL DUE VENDOR ?3.00
CHARLES ABBOTT ASSOCIATES INC
0015558-45510-- 7788 049-437-439 FEB.MAINT SVCS -TREE WTRNG
846.08
112555;-45527-- 7788 049-437-439 FEB.MAINT SVCS -BUS SHLTER 400.00
0015558-45508-- 7788 049-437-439 FEB.MAINT SVCS -WEED CONTL 4,525.08
TOTAL PREPAIDS .04
TOTAL VOUCHERS 5,771.16
TOTAL DUE VENDOR 5,771.16
CITY OF DIAMOND BAR
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGISTER
PAGE: 3
DUE THRU: 03/16/1999
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
PREPAID
AMOUNT DATE
CHECK
CINTAS CORPORATION
0015310-42130--
7539
150210812'' MAINT STFF UNIFRM-WK: 3/1
19.47
0015310-42130--
7539
150208476 MAINT. STFF UNFRM-WK 2/15
19.47
0015310-42130--
1539
1502096:39 MAINT 57FF UNIFRM-WK•, 2/22
19.47
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
58.41
TOTAL DUE VENDOR
58.41
CITY CLERKS ASSOC OF CALIFORNIA
0014040-42330--
CONF.REG.21- 1999/C/CLRK
28-5.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
285.00
TOTAL DUE VENDOR
285,00
CITY OF POMONA
0014010-422325--
RECGNTN DINNR-CMBR ANSARI
30.00 03/16/1999
35297
TOTAL PREPAIDS
30.00
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
30,(X)
CLOUT
0014010-42330--
LEGISLTV ACTN CONF.-ANSRI
143.00 03/1611999
35312
TOTAL PREPAIDS
143.00
TOTAL VOUCHERS
,00
TOTAL DUE VENDOR
143.00
COFFEESMITH COMPANY
0014090-42130--
7665
3241 MTG SUPPLIES
37.90
TOTAL PREPAIDS
,q0
TOTAL VOUCHERS
37,90
TOTAL DUE VENDOR
37.90
COMMUNITY INDUSTRIES
0015558-45503--
7545
LITTER ABATEMT - FEB. '99
839.44
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
839.44
TOTAL DUE VENDOR
839.44
D&J ENGINEERING
0015220-45201--
BLDG&SFTY SVCS -1/18-2112
21,027.82 013/16/1999
35316
TOTAL PREPAIDS
21,027.132
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
21,027.82
DAVID EVANS AND ASSOCIATES
250.5310-46415-11798-46415
05-70'89 ADA RETROFIT -HERITAGE PK
665.00
2505310-46415-11798-46415
05-7089 ADA RETROFIT-REAGAN PARD:
665.00
2505310-46415-1129';-46415
05-7090 PROF.SVCS-LORBEER LIGHTNG
1,237.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
2,567.00
TOTAL DUE VENDOR
2,567.00
CITY OF DIAMOND BAF;
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGISTER
PAGE: 4
DUE THRU: 03/16/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
CAROL DENNIS
0014040-44000--
7757
TT0211 MNUTE SCRTRY-T/T MTG 2/11
200.00
TOTAL PREPAIDS
.00
TOTAL. VOUCHERS
200.00
TOTAL DUE VENDOR
200.00
DEPARTMENT OF TRANSPORTATION
0015510-45507--
7945
148344 SGNAL/LGHTNG MAINT - JAN
1,024.64
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,024.64
TOTAL DUE VENDOR
1,024.64
DIAMOND BAR MOBIL
0014030-42310--
FUEL -CITY MANAGER
35.35
0015310-42310--
FUEL -COMM SERVICES
143.56
0014415-42310--
FUEL -VOLUNTEER PATROL
141.56
TOTAL. PREPAIDS
.00
TOTAL VOUCHERS
325.47
TOTAL DUE VENDOR
325.47
DIAMOND BAR/WALNUT YMCA
0014010-42325--
CMPAGN KICKOFF\O'CNR;ANSR
30.00 03/16/1999 35299
TOTAL PREPAIDS
30.00
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
30.00
DIAMOND P40TO
0014095-42112--
196635/36-37 DEVELOP. ROLLS OF FILM
37.19
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
37.19
TOTAL DUE VENDOR
37.19
DIVERSIFIED PARATRANSIT INC
1125553-45529--
7671
2r/5/q'3 DIAMOND RIDE -1/16-1/31
8,184.77
1125553-45529---671
2/26/99 DIAL A RIDE -2/1-2/15
9,455.27
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
17,640.04
TOTAL DUE VENDOR
17,640.04
DOGGIE WALK BAGS
0015319-42210--
8272
12,983091 REPLACEMENT BAGS -PETERSON
140.19
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
140.19
TOTAL DUE VENDOR
140.19
FOOD SYSTEMS INC.
0014090-42325--
CITY OF DIAMOND BAR
16566 C/C TASK. FOWE-2/10199
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGISTER
PAGE: 5
16566 C/C TASK. FRCE-2/10/99
DUE THRU: 03/16!1999
FUND/SECT-ACCT-PROJECT-ACCT
PO INVOICE DESCRIPTION
PREPAID
AMOUNT DATE CHECY
FEDERAL EXPRESS
TOTAL VOUCHERS
001-23o10--
4-767-65557 EXPRESS MAIL -FPL 98-49
12.50
001-23010--
4-767-65557 EXPRESS MAIL -FPL 98-55
60,00
001-23010--
4-767-65557 EXPRESS MAIL -FPL 92-20
37.50
001-23010--
4-767-65557 EXPRESS MAIL -FPL 98-30
12.50
001-23010--
4-767-65557 EXPRESS MAIL -FPL 98-59
25.00
0014090-42120--
4-767-65557 EXPRESS MAIL -GEN GOVT
263.75
001-23010--
4-772-46171 EXPRESS MAIL -FPL 98-62
12.50
001-23010--
4-772-46171 EXPRESS MAIL -FPL 98-063
25,0(1
001-23010--
4-772-46171 EXPRESS MAIL -FPL 98-10
90.00
0014090-42120--
4-772-46171 EXPRESS MAIL -GEN GOVT
81.25
TOTAL PREPAIDS
.00
0014010-42325--
TOTAL VOUCHERS
620.00
75.00
TOTAL DUE VENDOR
620,00
ANNETTE FINNERTY
,00
0015310-42330--
CPRS CONF-REIMBURSEMENT
91.70
TOTAL PREPAIDS
.00
75.00
TOTAL VOUCHERS
91.70
TOTAL DUE VENDOR
91,70
FOOD SYSTEMS INC.
0014090-42325--
16566 C/C TASK. FOWE-2/10199
90.58
0014090-42325---
3249
16566 C/C TASK. FRCE-2/10/99
61.94
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
152.52
TOTAL DUE VENDOR
152.52
FOOTHILL TRANSIT ZONE
1125553-45535--
8426
9391 TRANSIT PASSES:FEB. 199
4,928.80
1125553-45533--
8426
9391 TRANSIT PASSES:FEB.199
1,111.39
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
6,040,19
TOTAL DUE VENDOR
6,040.19
FRIENDS OF THE DIAMOND BAR LIBRARY
0014010-42325--
EVENT-4/25-HERRERA/HUFF
75.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
75.00
TOTAL DUE VENDOR
75.00
ANGELA GASY.INS
0!)1-23002--
49384 SECURITY DEP. REFUND
50.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
GLASSER GRAPHICS
0014095-44000--
82243
DESGN SVCS -10TH ANNIVSRY
270,00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
270.00
TOTAL DUE VENDOR
270.00
CITY OF DIAMONI! BAR
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGISTER
PAGE: 6
DUE THRU, 0.3/16/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHER,
GRAINGER
0015314-42210--
101675920 WHEELS CHAIR CARTS
21.69
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
21.69
TOTAL DUE VENDOR
21.69
GTE CALIFORNIA
0015322-42125--
PH.SVCS-RONALD REGAN
44.47
0014090-42125--
PH.SVCS-GEN GOV'T
1.37
0014095-42125--
PH.SVCS-ECON DEV
42.91
0014090-42125--
PH.SVCS-BLDG & SFTY
131.59
1185098-42125--
PH.SVCS-BBS MODEM
82.80
0014040-42125--
8600368 PH. SVCS -MODEM C/CLK
36.24
0015316-42125--
PH.SVCS-MAPLE HILL
43.62
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
383.00
TOTAL DUE VENDOR
383.00
HALL & FOREMAN
0015510-45227--
7969
0 J5 GROG PLN CK: SVCS
78.75
0015510-45227--
8209
30,055 GRDG PLN CK SVCS
127.50
0015510-45227--
38055 RETAINING WLL PLAN CK.
109.13
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
315.38
TOTAL DUE VENDOR
315.38
ANNE HARAKSIN
0014090-41200--
REIMBURSEMENTS -SUPPLIES
33.25
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
33.25
TOTAL DUE VENDOR
333.25
HDL COREN & CONE
0014090-44010--
3429 TAX AUSIT SVCS -1ST QTR
2,740.82
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,740.82
TOTAL DUE VENDOR
2,740.82
BONNIE HEATH
001-34720--
4:3358 REFUND EXCURSION
39.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
39.00
TOTAL DUE VENDOR
39.00
HIRSCH & ASSOCIATES INC
0015556-45500--
97024RE8 EEM PROJECT-REIMBURSMT
69.92
0015310-44000--
8413
96011 PROF.SVCS.-AWARDS SUBMITT
2.071.51
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,141.43
TOTAL DUE VENDOR
2,141.43
-ITY OF DIAMOND EAR
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGISTER
Pte. 7
DUE THRU: 033/16/1999
FUND/SECT-ACCT-PROJECT-ACCT
PO # INVOICE DESCRIPTION
PREPAID
AMOUNT
DATE
CHECK
KAREN HOLDER
0015310-423'30--
CPRS CONF-REIMBURSEMENT
67,00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
67.00
TOTAL DUE VENDOR
67.00
ROBERT S. HUFF
0014010-42330--
0014010-42330--
REIM-CPRS, GONSALVES
150.57 03/16/1999
35298
0014010-42330--
NATL LEAG OF CITIES CONF.
195.75 03/16/1999
35315
HTL ARRGMTS-GONSALVES/SAC
235.63 03/16/1999
35300
TOTAL PREPAIDS
581.95
TOTAL VOUCHERS
.UO
TOTAL. DUE VENDOR
581.95
IMSI
0014095-46235--
8377 168896 CLIP ART SOFTWARE
162.38
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
162.38
TOTAL DUE VENDOR
162.38
INLAND VALLEY HUMANE SOCIETY
0014431-45403--
ANIMAL CONTRL SVCS-JAN/FB
805.50
0014431-45403--
ANIMAL CONTRL SVCS -MARCH
5,361.92
TOTAL PREPAIDS
.40
TOTAL VOUCHERS
6,167.42
TOTAL DUE VENDOR
6,167.42
JACK ISTIK
00155.5.3-441+)0--
T&T COMM. MTG-2/11
40.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
40.00
TOTAL DUE VENDOR
40.00
KORMAN JOAN
001-34780--
RECREATION REFUND
44.01+
TOTAL PREPAIDS
.Oce
TOTAL VOUCHERS
44.00
TOTAL DUE VENDOR
44.00
JOE A GONSALVES s SON
0014010-44000--
7797 PROF LEGSLTIVE SVCS -MARCH
.3,000.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
3,000.00
TOTAL DUE VENDOR
3,000.00
EL FRIEDE KHAN
001-34780--
RECREATION REFUND
43.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
43.00
TOTAL DUE VENDOR
43.00
CITY OF DIAMOND BAR
RUN DATE: 03/11/1999 13:25:28 VOUCHER REGISTER PAGE: 8
DUE THRU: 03/16/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT PO k INVOICE DESCRIPTION AMOUNT DATE CHECK
KOSMONT & ASSOCIATES INC
0014095-42320-- 1999 BUS. SURVEY PBLICATN 175.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 175.00
TOTAL DUE VENDOR 175.00
LA CELLULAR
0014090-42125--
CELL PH.SVCS-GENERAL
26.57
0014440-42125--
2003986.
CELL PH. SVCS-EMER PREP
17.20
0014030-42125--
CELL PH.SVCS-CITY MANAGER
133.87
0014440-42125--
20083945
CELL PH. SVCS-EMER PREP
53.57
1264411-42125--
CELL PH.SVCS-SHERIFF
181.53
0014440-42125--
20054620
CELL PH.SVCS-EMER PREP
1I
0014415-42125--
CELL PH.SVCS-VLNTR PATROL
32.76
0014090-42125--
CELL PH.SVCS-CITY COUNCIL
26.57
0014030-42125--
PH.SVCS-CITY MANAGER
187.03
0014090-42125--
PH.SVCS-GENERAL
26.57
0014010-42125--
PH.SVCS-CITY COUNCIL
27.41
0014415-42125--
PH.SVCS-VLNTEER PATROL
37.73
1264411-42125--
PH.SVCS-SHERIFF
215.83
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
983.84
TOTAL DUE VENDOR
943.84
LEAGUE OF CA CITIES
0015210-42'30--
2/26/99
PLNNRS INSTITUTE PLNG COM
1,575.00 03/16/1999 35310
0015510-42330--
PWKS CONF-LIU
265.50 03116/1999 35311
TOTAL PREPAIDS
1,840.50
TOTAL VOUCHERS
•00
TOTA4 DUE VENDOR
1,440.50
JOYCE LEONARD-CDLDY
OU15553-44100-- T&T COMM. MTG- 2/11 40.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 40.00
TOTAL DUE VENDOR 40.00
LEWIS ENGRAVING INC
0014090-42113-- 7905 32202 ENGRAVING SERVICES 103.92
0014090-42113-- 7905 32260/196 ENVGRAVING SVCS 38.97
TOTAL PREPAIDS •Ota
TOTAL VOUCHERS 142.89
TOTAL DUE VENDOR 142.89
SCOTT LIN
0015553-44100-- T&T COMM. MTG-2/11 40.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 40.00
TOTAL DUE VENDOR 40.00
LINSCDTT LAW & GREENSPAN
0015510-45221-- 8307 1 PEAK HR VOLUME ANALYSIS 6:30.00
TOTAL PREPAIDS •00
TOTAL VOUCHERS 630.00
TOTAL DUE VENDOR 631.00
CITY OF DIAMOND BAR
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGISTER
PAGE: 9
DUE THRU. 03/16/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
LOS ANGELES BUSINESS JOURNAL
0014095-42115--
8403
9902221.159 AD IN LA BUS. JOURNAL
2,900.00
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
2,900.00
TOTAL DUE VENDOR
2 900.Ou
LOS ANGELES COUNTY - MTA
1125553-45533--
8427
299030; MTA PASSES: FEBRUARY `99
814.80
1125553-45535--
8427
2990308 MTA PASSES: CITY SUBSIDY
406.20
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,221.00
TOTAL DUE VENDOR
1,221.00
LDS ANGELES COUNTY PUBLIC WORKS
2505510-46412-12598-46412
3817 TRFC SIGNAL TESTING
43.86
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
483.86
TOTAL DUE VENDOR
483.86
LOS ANGELES COUNTY SHERIFF'S DEPT
0014411-45402--
13255 PROF.SVCS-SAFETY CK.POINT
3,819.73
0014411-45402--
13254 PROF.SVCS-TRAFFC ENFORCMT
3,296.92
0014411-45402--
13254 TRFC CNTRL-CALV CHPL11/1
11,44.21
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
18,559.66
TOTAL DUE VENDOR
18,559.86
MAIN'STREET TOURS INC
0015350-45310--
7962
25497 EXCURS-XMAS SPECTACULAR-
2,635.00
(K)15350-45310--
3357
25498 TRANSPORTATION -XMAS SPECT
490.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
3 M. (K)
TOTAL DUE VENDOR
3,125.00
MCKENNA DODGE
ROOF RACK. INSTLN-"95' JEEP
411.35 03/16/199° 35294
0014090-46100--
411.35
TOTAL PREPAIDS
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
411.35
MERRITT HOUSE
0015510-42330--
2/25/99 LEAD CONF-3/3-315;LIU
MMO 03/16/1999 35301
TOTAL PREPAIDS
283.80
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
283.80
METROLINK.
1125553-45533--
8425
108472 METROLINK: PASSES:FEB. '99
6,528.60
1125553-45535--
8425
108472 METROLINK. PASSES:FEB. `99
26,114.40
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
32,643.00
TOTAL DUE VENDOR
32 643.00
;ITY OF DIAMOND BAR
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGISTER
PAGE: 10
DUE THRU: 03/16/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
MICROLINK ENTERPRISES
0014095-46230--
8301
62924 COMPUTER MODEM
566.69
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
566.69
TOTAL DUE VENDOR
566.69
MITCHELL PEST CONTROL INC
0015558-45509--
8414
00032176 TREE SPRAYING FOR APHIDS
2,700.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,700.00
TOTAL DUE VENDOR
2,700.00
MODERN OFFICE
0014090-46220--
8.313
WALNUT LIBRARY CASES
1,429.90
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,429.90
TOTAL DUE VENDOR
1,429.90
MONTEREY PENINSULA HOUSING BUREAU
0015210-42330--
2/26/99 PLNNRS INSTITUTE PLNG COM
600.00 03/16/1999 35309
TOTAL PREPAIDS
600.00
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
600,00
MOONLIGHT PRESS
0014050-42110--
8375
99041 BUDGET MANUALS -PRINTING
371.74
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
371.74
TOTAL DUE VENDOR
371.74
ROLAND MORRIS
(X)15553-44100--
T&T COMM. MTG-2/11
40.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
40.00
TOTAL DUE VENDOR
40.00
LISA NELIUS
001-34180--
RECREATION REFUND
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50,00
TOTAL DUE VENDOR
50.00
NEXTEL
0014440-42130--
7879
1074280 2 -WAY RADIO SVC -FEB
196.84
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
196.84
TOTAL DUE VENDOR
196.84
DANIEL NOLAN
0015310-42330--
CPRS CONF-REIMBURSEMENT
121.44
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
121.44
TOTAL DUE VENDOR
121.44
FACIFIC TIME RECORDER
0014+.740-42200-- 8315 1551 MAINT.NEW RIBBON-CLOGk: 35.58
0014030-42200-- 8315 1551 MAINT.NEW RIBBON -CLOCK. 35.57
TOTAL PREPAIDS .00
TOTAL VOUCHERS 71.15
TOTAL DUE VENDOR 71.15
MYUNC PARK.
001-34780-- RECREATION REFUND 36.00
001-34730-- RECREATION REFUND 55.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 91.00
TOTAL DUE VENDOR 91.00
PAYROLL TRANSFER
001-10200-- 06300032 PAYROLL TRANSFER -PP 5 60,000.00 03/16/1999 PP5
TOTAL PREPAIDS 60,000.00
TOTAL VOUCHERS .00
TOTAL DUE VENDOR 60,000.00
CITY OF DIAMOND BAR
RUN DATE: 03/1111999 13:25:28
VOUCHER REGISTER
PAGE. 11
DUE THRU: 03/16/1999
PREPAID
FMD/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
NOVASTOR CORPORATION
0014095-46235--
°408
50399 COMPUTER UPGRADE
36.45
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
36.45
TOTAL DUE VENDOR
36.45
OFFICE DEPOT
0015510-46220--
7927
056231415 FILE CAB-PWK:S.
623.80
0015510-46220--
7927
062923437 FILE CAB-PWKS
607.80
0014040-41200--
OPEN/7666 SUPPLIES -CITY CLERK
8.99
0U14030-41200--
OPEN/7666 SUPPLIES -CITY CLERK(CRD)
0014030-41200--
OPEN/7666 SUPPLIES -CITY MANAGER(CRD
-16.54
0014030-41200--
OPEN/7666 SUPPLIES -CITY MANAGER
107.50
0015350-41200--
OPEN/7666 SUPPLIES -COMM SERV.
106.97
(K)I4030-41200--
OPEN/7666 SUPPLIES -CITY MANAGER
39.94
0014030-41200--
OPEN/7666 SUPPLIES -CITY CLERK
175.54
0015310-46250--
059001066 SUPPLIES -SYCAMORE CYN PK
335.17
0014030-41200--
OPEN/7666 SUPPLIES -CITY CLERK.
26.59
0015350-41200--
OPEN/7666 SUPPLIES -COMM. SERV.
114.29
0015350-41200--
OPEN/7666 SUPPLIES -COMM. SERV.
106.97
0015210-412(x)--
OPEN/7666 SUPPLIES -PLANNING
158.84
0015210-41200--
OPEN/7666 SUPPLIES -PLANNING
56.16
0015210-41200--
OPEN/7666 SUPPLIES-PLANNING(CREDIT)
-4.41
0015510-41200--
OPEN/76,66 SUPPLIES -PUBLIC WORKS
97.80
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
2,533.58
TOTAL DUE VENDOR
2' `Oi 58
FACIFIC TIME RECORDER
0014+.740-42200-- 8315 1551 MAINT.NEW RIBBON-CLOGk: 35.58
0014030-42200-- 8315 1551 MAINT.NEW RIBBON -CLOCK. 35.57
TOTAL PREPAIDS .00
TOTAL VOUCHERS 71.15
TOTAL DUE VENDOR 71.15
MYUNC PARK.
001-34780-- RECREATION REFUND 36.00
001-34730-- RECREATION REFUND 55.00
TOTAL PREPAIDS .00
TOTAL VOUCHERS 91.00
TOTAL DUE VENDOR 91.00
PAYROLL TRANSFER
001-10200-- 06300032 PAYROLL TRANSFER -PP 5 60,000.00 03/16/1999 PP5
TOTAL PREPAIDS 60,000.00
TOTAL VOUCHERS .00
TOTAL DUE VENDOR 60,000.00
"I T Y OF D I AMON'l :!k,
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGI5TE:�
PAGE; 12
DUE THRU: 03/16/1959
PREPAID
FUND/SECT—ACCT—PROJECT—ACCT
PO #
INVOICE DESCRIPTION AMOUNT DATE DECK
PERS RETIREMENT FUND
001-21109--
PP5 RETIRE CONTRIB—EE
4,102.48
00I-21109--
PP5 SURVIVOR BENEFIT
31.62
001-21109--
PP5 MILITARY BUY BACK
509.69
001-21109--
PP5 RETIRE CONTRIB—ER
3,608.99
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
8,252.78
TOTAL DUE VENDOR
8,252.78
PITNEY BOWES INC
0014090-42120--
POSTAGE RESET CHARGES
20.57
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
20.57
TOTAL DUE VENDOR
20.57
PRO SKATE SUPPLY
1264411-46250--
8409
26743 COPS—HKY TEAM SUPPLIES
263.99
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
263.99
TOTAL DUE VENDOR
263.99
PRO TECH ENGINEERING CORPORATION
2505510-46412-12598-46412
7491
154677 TRFFC SGNAL—MNTFINO—OLSMT
40,991.83
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
40,991.83
TOTAL DUE VENDOR
40,991.53
YVONNE PRUITT
0115310-423301--
CPRS CONF—REIMBURSEMENT
75.50
TOTAL PREPAIDS
•06
TOTAL VOUCHERS
75.50
TOTAL DUE VENDOR
75.50
RALPHS GROCERY COMPANY
0015350-41200--
46506 MISC.SUPPLIES—RECREATION
17.56
`v014ci90-42325--
37275 SUPPLIES—ALAMEDA CORR.MTG
"'121
LJ.Jt
1255215-41200--
46507 SUPPLIES—SENIORS
28.53
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
69.41
TOTAL DUE VENDOR
69.41
REINBERGER PRINTWERKS INC
0014090-42110--
7804
9556 SUPPLIES—WINDOW ENVELOPES
166.88
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
166.88
TOTAL DUE VENDOR
166.88
RICHARDS WATSON & GERSHON
0014020-44021--
2474 LEGAL SVCS—BEACH—COURCSNE
411.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
411.00
TOTAL DUE VENDOR
411.00
CITY OF DIAMOND BAR
RUN DATE: 03/11/1999 13:25:28 VOUCHER REGISTER
DUE THRU: 03/16/1999
FUND/SECT-ACCT-PRDJECT-ACCT PO # INVOICE DESCRIPTION
SAN GABRIEL VALLEY TRIBUNE
0014040-42115-- 7579 16720 LEGAL AD-DEVEL. AGRMT
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SECTRAN SECURITY
0014090-44000-- 7870 3105 BANK COURIER SVCS -MARCH
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SGV ECONOMIC PRTRSHP OF COMM & CITY
0014010-42325-- REVEL. FORUM-3/11-ANSARI
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SMART & FINAL
1255215-41200-- 7522 269541 SPPLS SR VALNTINE LNCH
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SOFT -TRAIN
0014095-42340-- 8441 105847 COMPUTER TRNG CLASSES
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SOUTHERN CALIFORNIA EDISON
1395539-42126--
0015318-42126--
0015316-42126--
0015325-42126--
1385538-42126--
OCi15''.14-42126--
0015'31-'-42126--
0015311-42126--
0015331-42126--
Cd115319-42126--
1415541-42126--
0015322-42126--
1385538-42126--
0015328-42126--
PAGE: 13
PREPAID
AMOUNT DATE CHECK
249.12
.00
249.12
249.12
187.00
.00
187.00
187.00
25.00 03/16/1999 35313
25.04
.00
25.00
50.86
.00
50.86
50.86
2,000.00
.00
2,000.00
2,000.00
ELECT.SVCS-DIST. #39
ELECT.SVCS-PENTERA
ELECT.SVCS-MAPLE HILL
ELECT.SVCS-STARSHINE
ELECT.SCVS-DIST. #32
ELECT.SVCS-HERITAGE C/CTR
ELECT.SVCS-HERITAGE PARK
ELECT.SVCS-PAUL GROW
ELECT.SVCS-SYCMORE CYN PK
ELECT.SVCS-PETERSON
ELECT.SVCS-DIST #41
ELECT.SVCS-RON REAGAN
ELECT.SVCS-DIST. #38
ELECT.SVCS-SUMMITRIDGE
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
232.66
1,291.77
275.32
13.93
12.96
603.18
300.06
44.90
283.32
1,521.13
292.22
483.73
294.01
226.43
.00
5,875.62
5,875.62
SOUTHERN CALIFORNIA GAS COMPANY
0015314-42126-- GAS SVCS -HERITAGE PARK. 204.56
TOTAL PREPAIDS .GU
TOTAL VOUCHERS 204.56
TOTAL DUE VENDOR 204.56
CITY OF DTAMDND BAR
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGISTER
PAGE: 14
DUE THRU: 03/16/19'9
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
SOUTHERN CALIFORNIA WATER COMMITTEE
0014010-42325--
WATER CONF-ANSARI
125.00 03/16/1999 35295
TOTAL PREPAIDS
125.00
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
125.00
SUBWAY
0014090-42325--
ALAMEDA CORR.MTG-2/22
x.91
0014090-42325--
C/C TASK FORCE MTG-2/10
15.96
0014090-42325--
COUNCIL STUDY SESSN-3/2
23.94
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
75.81
TOTAL DUE VENDOR
75.81
THE HOCKEY STOP
1264411-46250-- 8411
COPS-HKY TEAM SUPPLIES
184.02
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
184.02
TOTAL DUE VENDOR
184.02
THE WHOLE ENCHILADA
0014090-42325--
319268 CIC STDY-SES94 2/16
139.29
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
139.29
TOTAL DUE VEND:
139.29
U.S. POSTMASTER
0014095-42120--
POSTAGE FEES-COMM NWSLTTR
2,500.00
0014090-42120--
CMRS-PB REPLENISH POSTAGE METER
1,500.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
4,000.00
TOTAL DUE VENDOR
4,600.00
UNITED PARCEL SERVICE
0014090-42120--
CMRS-PB CORRECTION
-1,500.00
0014090-42120--
80027-089 EXPRESS MAIL-GEN GOVT
25.25
0014095-42121--
079 EXPRESS MAIL
11.75
0014090-42120--
CMRS-PB REPLENISH POSTAGE METER
1,500.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
37.00
TOTAL DUE VENDOR
37.00
ARUN VIRGINKAR
0015553-44100--
T&T COMM.MTG-2/11
40.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
40.00
TOTAL DUE VENDOR
40.00
CITY OF DIAMOND BAR
RUN DATE: 03/11/1999 13:25:28 VOUCHER REGISTER PAGE: 15
DUE THRU: 03/16/1999
FUND/SECT-ACCT-PROJECT-ACCT
WALNUT VALLEY WATER DISTRICT
0015.325-42126--
0015313-42126--
0015318-42126--
0015316-42126--
0015319-42126--
0015331-42126--
0015322-42}26--
0015328-42126--
0014440-42126--
WELLS FARGO BANK
0014090-42310--
0014010-42330--
0014030-42330--
0014010-42330--
00140.30-423,30
0014030-42330--
0014030-42330--
0014030-42330--
0014030-42330--
00140:30-42:330--
0014010-42330--
0014010-42.3:30--
0014010-42334--
0014010-42:330--
00140:30-42'30--
0014010-42330--
0014010-42330--
00}4030-4}200--
0014030-42325--
00140:30-42310--
WEST GROUP
00144190 -42320 --
PO # INVOICE DESCRIPTION AMOUNT
WATER CHRG-STARSHINE PK
WATER CHRG-HERITAGE PY.
WATER CHRG-PANTERA PK
WATER CHRG-MAPLE HILL PK
WATER CHRG-PETERSON PK.
WATER CHRG-SYCAMORE CNY
WATER CHRG-R RAGAN PK.
WATER CHRG-SUMMITRIDGE PK
8798 UTILITIES-EMER PREP
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
FUEL 1/27 -HUFF
NATL LEAG 2-4-ANSARI
LEAGUE CONF FEB2-5-FRTZL
NATL LEAG/DC-CHANG
NATL LEAG CONF-C MGR
CCCA C MGR JAN 11-14
BANG -C MGR,DCM,DPW
LEAGUE CONF-C MGR 2/2-5
LEAGUE CONF FEB2-5-BLNGR
LEAGUE CONF FEB2-5-HRKSN
CCCA LEGIS/ANSRI-JAN11-14
NATL LEA6-2/4-HERRERA
CCCA LEGIS /SAC 1-14
CCCA CONF 1/11-14-HERRERA
LESS CREDIT -RENTAL CAR
CCCA LEGIS/O CNR 1/11-14
NALT LEAG HUFF- 2/4
SUPPLIES - C MGR
MTG W/CH CMTE,SUBCMTE,STF
FUEL -C MGR
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
78`.'9 31175656 CA CODE UPDATES
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
PREPAID
DATE CHECK
92.40
188.72
1,334.48
318.08
921.76
2.834.16
362.32
1,460.98
56.70
.00
7,569.60
7,569.60
21.50 03/16/1999
266.00 03/16/1999
348.00 03/16/1999
266.00 03/16/1999
266.00 03/16/1999
667.76 03/16/1999
150.00 03/16/1999
445.34 03/16/1999
348.00 03/16/1999
348.00 03/16/1999
680.17 03/16/1999
266.00 03/16/1999
814.00 03/16/1999
351.90 03/16/1999
-50.19 0:3/16/1999
127.96 03/16/1999
266.00 03/16/1999
21.55 03/16/1999
119.15 03/16/1999
103.59 03/16!}999
5,826.73
.00
5,826.73
102.03
.00
1012.03
102.03
PAUL WRIGHT
0014090-44000-- 7584 A/V PLNG 2/2:3,CC 3/2,TAPE 472.50
TOTAL PREPAIDS .00
TOTAL VOUCHERS 472.50
TOTAL DUE VENDOR 472.50
3`^04
35305
35307
35302
35307
35307
35307
35307
35307
35307
35305
35:306
35302
35306
35307
35303
M04
35307
35307
35307
REPORT TOTAL PREPAIDS 91,063.15
REPORT TOTAL VOUCHERS 233,999.46
REPORT TOTAL 325,062.61
CITY OF DIAMOND BAR
RUN DATE: 03/11/1999 13:25:28
VOUCHER REGISTER
PAGE: 16
DUE THRU: 03/16/1999
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
MAY M WYCOFF
001-34730--
49191 EXCURSION REFUND
31.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
31.00
TOTAL DUE VENDOR
31.00
XEROX CORPORATION
0014090-42200--
7474
067051521/ MAINT/COPY SVCS-JAN105133
327.25
0014090-4'—YW.--
7474
067051521/2 MAINT/COPY SVCS-JAN106078
327.25
TOTAL PREPAIDS
.010
TOTAL VOUCHERS
654.50
TOTAL DUE VENDOR
654.50
YOSEMITE WATERS
0015314-41200--
7518
JAN058292 DRINKING WATER -HERITAGE P
808.54
0015314-41200--
7518
JAN058292 EQUPMT RENTAL -HERITAGE
19.c*
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
107.54
TOTAL DUE VENDOR
107.54
REPORT TOTAL PREPAIDS 91,063.15
REPORT TOTAL VOUCHERS 233,999.46
REPORT TOTAL 325,062.61
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. tr"�
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 16, 1999 REPORT DATE: March 10, 1999
FROM: Terrence L Belanger. City Manager
TTILE: Resolution No. 98-45A entitled: "A Resolution of the City Council of the City of
Diamond Bar Amending Resolution No. 98-45 to Re -install a School Crosswalk at the front of Walnut
Elementary School across Glenwick Avenue south of Northampton Street and Remove the "No
Parking Signs" on the West Side of Glenwick Avenue between the northern most driveway and the
southern school property line and Repost with "School Passenger Loading Zone 7 a.m. – 4 p.m.,
School Days."
SUMMARY: As a result of the originally approved school safety study, the concerns at Walnut
Elementary School was addressed by relocating the crosswalk from the front of the school to south of
the parking lot exit driveway, just north of Earlgate Street and have additional Sheriff enforcement
during arrival and dismissal times. After these recommendations were implemented, the Principal
worked with the Sheriff Department to explore further alternatives in order to ensure student safety and
to reduce the congestion time. The Principal has submitted request for the "No Parking Signs" on the
west side curb of Glenwick Ave. be removed and for a "Loading Only" zone installed on the west side
of Glenwick Ave. Also requested is the relocation of the crosswalk to its original location at the center
of the semi -circle driveway.
RECOMMENDATION: That the City Council approve and adopt Resolution No. 98-45A entitled: "A
Resolution of the City Council of the City of Diamond Bar Amending Resolution No. 98-45 to Re-
install a School Crosswalk at the front of Walnut Elementary School across Glenwick Avenue south of
Northampton Street and Remove the "No Parking Signs" on the West Side of Glenwick Avenue
between the northern most driveway and the southern school property line and Repost with "School
Passenger Loading Zone, 7 a.m. – 4 p.m., School Days."
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
x Resolution(s) _ Bid Specification
Agreement(s) x Other: T & T Minutes of 2/11/99
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? x Yes _ No
Which Commission? Traffic and Transportation Commission
5. Are other departments affected by the report? N/A _ Yes _ No
REVIEWED BY:
IWZ&
Terrence L. B ger James DeStefana d G. w
City Manager Deputy City Mariager Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO. _
MEETING DATE: March 16, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Resolution No. 98-45A entitled: "A Resolution of the City Council of
the City of Diamond Bar Amending Resolution No. 98-45 to
Re -install a School Crosswalk at the front of Walnut Elementary
School across Glenwick Avenue south of Northampton Street and
Remove the "No Parking Signs" on the West Side of Glenwick Avenue
between the northern most driveway and the southern school
property line and Repost with "School Passenger Loading Zone
7a.m. — 4 p.m., School Days."
ISSUE STATEMENT
To provide designated pedestrian crosswalk and school loading zone for drop-off and pick-up.
RECOMMENDATION
That the City Council approve and adopt Resolution No. 98-45A entitled: "A Resolution of the
City Council of the City of Diamond Bar Amending Resolution No. 98-45 to Re -install a School
Crosswalk at the front of Walnut Elementary School across Glenwick Avenue south of
Northampton Street and Remove the "No Parking Signs" on the West Side of Glenwick Avenue
between the northern most driveway and the southern school property line and Repost with
"School Passenger Loading Zone 7 a.m. — 4 p.m., School Days."
FINANCIAL SUMMARY
The restriping and removal and replacement of signs will be funded under the City's signing and
striping maintenance budget allocated for this FY 1998-1999.
BACKGROUND/DISCUSSION
During the evaluation of the city-wide school safety study, the primary concern noted at Walnut
Elementary School was the conflict between the children crossing at the existing crosswalk in
front of the school in the middle of the semi -circle driveway (see Exhibit "A"). There was conflict
between the pedestrians and vehicles trying to turn left out of the driveway since the driveway is
open for all on-site drop-off and pick-up activities. Another problem noted was the traffic backed
up on Glenwick Ave that went around the corner and out to Lycoming Street during the arrival
and dismissal periods.
As a result of the approved city-wide school study, the problem of the conflict between
pedestrians utilizing the crosswalk and turning vehicles was resolved by the relocation of the
crosswalk to south of the parking lot exit driveway, just north of Earlgate Street.
After these recommendations were implemented, the Principal worked with the Sheriff
Department to explore further alternatives in order to ensure student safety and reduce the
congestion time. On a trial basis, Walnut Elementary School modified the use of the semi -circle
and restricted on-site drop-off and pick-up to school buses and emergency vehicles only.
According to the Principal, by regulating all the drop-off and pick-up time on to Glenwick Ave.
the backed up traffic has been reduced to 15 minutes from the original 20-30 minutes.
These recommendations were supported by the Principal of Walnut Elementary School and the
Superintendent of Walnut Valley Unified School District. In addition, the Principal has submitted
another request (see attached letter dated 11/30/98) for the "No Parking Signs" on the west side
curb of Glenwick Ave. be removed and for a "Loading Only" zone installed on the west side of
Glenwick Ave. Also requested is the relocation of the crosswalk to its original location at the
center of the semi -circle driveway.
The relocation of the crosswalk is requested since the modification of the use of the semi -circle
drive has become successful to regulate traffic and has reduced the number of different conflicting
traffic movements in front of the school. Also, that area across Glenwick Avenue, south of
Northampton Street, has still been the primary location for their pedestrian traffic.
The Traffic and Transportation Commission discussed this matter during their regular meeting on
February 11, 1999 and approved the recommendation to re -install a school crosswalk at the front
of Walnut Elementary School across Glenwick Avenue south of Northampton Street and remove
the "No Parking Signs" on the west side of Glenwick Avenue between the northern most
driveway and the southern school property line and repost with "School Passenger Loading Zone
7 a.m. — 4 p.m., School Days." to be forwarded to the City Council.
Prepared by: David G. Liu
RESOLUTION NO. 98-45A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING RESOLUTION NO. 98-45 TO RE -INSTALL A SCHOOL CROSSWALK AT
THE FRONT OF WALNUT ELEMENTARY SCHOOL ACROSS GLENWICK AVENUE
SOUTH OF NORTHAMPTON STREET AND REMOVE THE "NO PARKING SIGNS" ON
THE WEST SIDE OF GLENWICK AVENUE BETWEEN THE NORTHERN MOST
DRIVEWAY AND THE SOUTHERN SCHOOL PROPERTY LINE AND REPOST WITH
"SCHOOL PASSENGER LOADING ZONE 7 A.M. — 4 P.M., SCHOOL DAYS.
A. RECITALS
(i) The City Council approved Resolution No. 98-45 on July 21, 1998, which
in Section 12 thereof, the Council removed the existing crosswalk on Glenwick Avenue and
relocate to the south side of the parking lot exit driveway.
(ii) The Traffic and Transportation Commission re -considered this matter at a
public meeting on February 11, 1999.
(iii) At the meeting of February 11, 1999, the Traffic and Transportation
Commission determined that the re -installation of a school crosswalk at the front of Walnut
Elementary School across Glenwick Avenue south of Northampton Street and the removal of "No
Parking Signs" on the west side of Glenwick Avenue between the northern most driveway and the
southern school property line and reposting of"School Passenger Loading Zone, 7 a.m. — 4 p.m.,
School Days" signs is appropriate and facilitates the pedestrian circulation.
(iv) The Traffic and Transportation Commission recommends the re -installation
of a school crosswalk at the front of Walnut Elementary School across Glenwick Avenue south of
Northampton Street and the removal of "No Parking Signs" on the west side of Glenwick Avenue
between the northern most driveway and the southern school property line and reposting of
"School Passenger Loading Zone, 7 a.m. — 4 p.m., School Days" signs.
B. RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Said action is pursuant to Section 10.08. 010 of the Diamond Bar City Code, as
heretofore adopted;
2. The City Council hereby finds that the public health, safety, and welfare will be
best protected by the re -installation of a school crosswalk at the front of Walnut Elementary
School across Glenwick Avenue south of Northampton Street and the removal of "No Parking
Signs" on the west side of Glenwick Avenue between the northern most driveway and the
southern school property line and reposting of "School Passenger Loading Zone, 7 a.m. — 4 p.m.,
School Days" signs.
3. The City Council of the City of Diamond Bar hereby authorize and direct the City
Engineer to cause said school crosswalk to be re -painted and signs to be removed and replaced as
herein defined.
4. Paragraph 12 of Resolution 98-45 is hereby rescinded.
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, approved and adopted at a regular meeting of the City Council
of the City of Diamond Bar held on day of , 1999 by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
F7
w
■
r
I�J
m
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z
O
Ui
w
J
YCOMING
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Figure XIII -2
WALNUT ELELENTARY SCHOOL
EMSTING SITE PLAN
Diamond Bar Schad Safety Study XIII -3 Austin -Font Associstes, Inc.
Final Report 4=114.11
` ALNZ.1TELEMENTA-IRYSCHOOL
841 South G%nuwickAmnue
November 30, 1998
Mr. David Liu
Deputy Director of Public Works
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
Dear Mr. Liu:
Wainu4 Cit 91789
(909) 594-1820
DFG^ 1998
We so much enjoyed your visit to Walnut Elementary on November 19 and your
interest in our continued partnership to ensure student safety during our high
traffic times.
As per our discussion, I am requesting:
the current "No Parking" signs on the west side curb of Glenwick be
removed;
- a "loading only" zone be painted on the west side curb of Glenwick;
- the crosswalk on the corner of Northampton and Glenwick be
reinstated.
During our high traffic times, approximately 350 cars are in the vicinity to drop off
and pick up elementary school-age students. The crosswalk was recently removed
when it was used in conjunction with our circular driveway. However, with the
new traffic flow you have approved, more parents are parking in residential areas
and walking to pick up their children.
For those parents who continue to remain in their cars, the new traffic flow plan
allows for the entire length of Glenwick to be used for loading and unloading of
students, and the circular driveway is designated for child care buses only. With
your recommendation, we request the above changes at your earliest convenience.
Sincerely,
Deborah T. Machnick
Principal
FEBRUARY 11, 1999
PAGE 6
D. Discussion of pick-up/drop-off locations at Walnut Elementary School.
AE/Manela presented staffs report� recommends
t Elementary school's anandTransportation
and traffic
Commission review, discuss and re-evaluate
situation.
Deputy Perkins reported on the Sheriffs Department's activities at the school.
DDPW/Liu stated that staff has not made a definitive
can be continued to March or the Commiss n
notified of possible changes to the site. The
may make a recommendation to the City Council and the residents will be notified to order that
they may participate in the City Council meeting when the item appears on the agenda.
Ms. Debbie Machnick, Principal of Walnut Elementary School, spoke on behalf of the parents and
residents, stating that loading and unloading is not an issue. The concern is regarding the
crosswalk.
VC/Morris pointed out that the parents need to be educated regarding the permitted use of a
loading and unloading zone.
Following discussion of the options available and the Sheriffs Department's concerns,
VC/Morris
moved, C/Virginkar seconded, to recommend to the City Council
that the crosswalk be n front of the school instated
and change the "No Stopping Anytime to Loading and Unloading"
property.
Ms. Machnick stated that the school's semi -circle areas is being used for emergency vehicles and
school buses.
DDPW/Liu stated that the school erects barriers at the two openings of the loop which excludes
vehicular traffic. He pointed out that the City has no jurisdiction over school property and the
semi -circular driveway is school property.
VC/Morris reiterated his motion. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Istik, Lin, Virginkar, VC/Morris, Chair/Leonard-
Colby
y
NOES: COMMISSIONERS: None
ABSENT: CONMSSIONERS: None
FEBRUARY 11, 1999
PAGE 7
VC/Morris moved, C/Virginkar seconded, to encourage the school to accept the Commission's
recommendation to the City Council contingent upon continued restrictive use of the loop.
Motion carried by the following Roll Call vote.-
AYES:
ote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
VII. 'SKATUS OF PREVIOUS ACTION ITEMS:
Istik, Lin, Virginkar, VC/Morris, Chair/Leonard-
Colby
None
None
DDPW u stated that at its January 19, 1999 meeting, the City Council approved t ollowing items:
Preferenti rking Districts, temporary parking on southbound Diamond Bar ulevard on
Wednesdays be een 8:30 a.m. to 12:30 p.m. and from 6:30 p.m. to 9:45 p. between Crooked Creek
Drive and the nort rly driveway of the church, and the Traffic and Tr ortation Commissions
recommendation for i
ti
of multi -way stop signs on Pantera ve at Bowcreek Drive.
VIII. ITEMS FROM
VC/Morris asked how the rainy se mi is effecting se age and drainage problems throughout the City.
DDPW/Liu stated that some properties bet nnequa Drive and Sunset Crossing Road have
experienced landslides. At the dire/res
e 'ty Council, staff conducted a study which will be
discussed during the February 16 Cil Stu Session. Several areas throughout the City
experience seepage. Mitigation mel be initi d in the Spring with construction commencing
during the Summer.
Monee Tyler, 3220 Fall owd Drive, again spoke about her cons regarding First Mortgage
Corporation. /
DDPW/Liu explai d that earlier this evening, the Traffic and Transporta ' n Commission approved
Consent Callen Item A. recommending to the City Council the installation a 50 foot red curb north
of and a 25 f t red curb south of Pasco Court on Fallowfield Drive which is an ' ipated to address some
of her con rns. He acknowledged that the situation between First Mortgage Corp tion and the
residen is ongoing. He indicated he will contact Mrs. Tyler and discuss possible solut s to her
CITY OF DIAMOND BAR
AGENDA REPORT ,
AGENDA N0.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 16, 1999 REPORT DATE: March 8,1999
FROM: Terrence Belanger
TITLE: Extension of vendor printing services for Community Newsletter and Recreation Guide
SUMMARY: Under the purchasing guidelines, awards for services to a single vendor shall not exceed
$10,000 without prior authorization from the City Council.
Requests for quotations for printing the Community Newsletter and Recreation Guide are usually
sent to approximately six qualified vendors. This fiscal year there have been two vendors
(Graphics United, Bradshaw Brothers Printing) that have consistently submitted the lowest bids,
Due to the nature of the task, and the process involved in selecting the vendor with the lowest
qualified bid, it is quite possible that a qualified vendor could become the winning bidder more
than once during the year. Thus, a single vendor could exceed the $10,000 limit.
RECOMMENDATION: It is recommended that the City Council authorize additional work to be performed by Graphics
United (the lowest qualified bidder) so that this company can proceed with the printing of the
Spring issue of the Community Newsletter and Recreation Guide. The total amount awarded
to this vendor for services rendered this fiscal year shall not exceed $20,000.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's office)
_ Ordinance(s) _ Other:
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed N/A Yes
No
by the City Attorney?
2. Does the report require a majority vote? X 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? X Yes
No
Report discussed with the following affected departments:
_
Community and Development Services — Recreation Services Division
REVIEWED BY:
—L.BElanger
errence Mik Nelson
City Manager Communications and Marketing Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 16, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Extension of vendor printing services for Community Newsletter and Recreation Guide
ISSUE STATEMENT:
ces to a single vendor shall not exceed $10,000 without prior authorization
Under the purchasing guidelines, awards for servi
from the City Council.
RECOMMENDATION:
It is recommended that the City Council authorize additional
ingpssue of the Commerformed unity Newsletter and Recreation
cs United (the lowest qualified
bidder) so that this company can proceed with the printing of the Spring
Guide. The total amount awarded to this vendor for services rendered this fiscal year shall not exceed $20,000.
FINANCIAL SUMMARY:
The authorization to approve additional work to be performed by Graphics United will have no financial impact on the
current FY `98-`99 Communications & Marketing Division budget.
BACKGROUND/DISCUSSION:
and Recreation Guide is approximately $6,000 per issue. our
The average cost for printing the Community Newsletter
issues are printed during each fiscal year.
Requests for quotations for printing the Community Newsletter and Recreation Guide are usually sent to approximately six
qualified vendors. This fiscal year there have been two vendors (Graphics United; Bradshaw Brothers Printing) that have
consistently submitted the lowest bids.
alified vendor, it is quite possible that a
Due to the nature of the task, and the process involvean once during a fiscal yearin selecting the lowest quThus, a vendor could exceed the $10,000
single vendor could become the lowest bidder more
per vendor limit.
ing bid of $4,895 (Fall `98 issue). This vendor's current low bid is $6,220 for
Previously, Graphics United submitted a winne Sping issue, as well
the Spring `99 issue (It is important to not that din this vendorto ls reqs Fall issue pr ce).tsforthThusr it has become ne essary to textend
the paper market, the price is somewhat higher
the $10,000 ceiling.
In order to retain the most qualified vendor, at the lowest possible price, it will be necessary to extend the award for services
to Graphics United. (Note: It is anticipated that this situation may occur again, as these vendors compete for an opportunity
to print the Summer `99 issue.)
PREPARED BY:
Mike Nelson
2
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO C�Ca
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 16, 1999 REPORT DATE: March 10, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: AUTHORIZATION FOR THE CITY MANAGER TO APPROVE ADDITIONAL
PURCHASE ORDERS FOR ON-CALL CIVIL ENGINEERING PLAN CHECKING
AND INSPECTION SERVICES OF BRYAN A. STIRRAT & ASSOCIATES FOR
EXSITING PROJECTS
SUMMARY: On October 6, 1998, the City Council approved and extended a Consulting Services
Agreement with Charles Abbott Associates and Hall & Foreman, Inc. as the City Civil Engineering
Services firms. Until that time the City had been utilizing six civil engineering companies to provide
on-calVas-needed civil engineering pian checking and inspection engineering services. One of those
firms was Bryan A. Stirrat & Associates. As noted in the October 6, 1998 City Council Report, the
existing projects being reviewed by Bryan A. Stirrat & Associates, and others, would continue until
the development projects are finalized and completed through Fiscal Year 1999-2000. This is to
ensure consistent and continuous service to the applicants. Each specific development related
project assignment has been and continues to be compensated with 75% of the applicant's fees.
The balance (25%) compensates the City for overhead expenses.
RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve
additional purchase orders from developer fee's for the continuance of the pre October 6, 1998
assignments for on-call civil engineering plan checking and inspection services provided by Bryan
A. Stirrat & Associates. The total amount is not -to -exceed $21,040.55 through Fiscal Year 1999-
2000.
LIST OF ATTACHMENTS: x Staff Report Public Hearing Notification
Resolution(s) Bid Specification
Ordinance(s) Other
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the Resolution, ordinance or agreement been reviewed N/A _
Yes
_ No
2.
Does the report require a majority or 4/5 vote? Majority
3.
Has environmental impact been assessed? WA _
Yes
_ No
4.
Has the report been reviewed by a Commission? WA _
Yes
_ No
Which Commission?
5.
Are other departments affected by the report? WA x
Yes
_ No
Report discussed with the following affected departments: Finance
REVIEWED BY:
(AAA
Terrence L. B a or AfKell DeStefa o . LIU
City Manager Deputy City Man;ger Deputy Director of Public Works
D: W OR D -LI NDMAGE N-991BAS.316
CITY COUNCIL REPORT
AGENDA N0.
MEETING DATE: March 16,1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: AUTHORIZATION FOR THE CITY MANAGER TO APPROVE ADDITIONAL
PURCHASE ORDERS FOR ON-CALL CIVIL ENGINEERING PLAN
CHECKINGIiNSPECTION SERVICES OF BRYAN A. STIRRAT & ASSOCIATES
FOR EXSITING PROJECTS
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to approve additional purchase
orders from developer fee's for the continuance of the pre October 6, 1998 assignments for on-call
civil engineering plan checking and inspection services provided by Bryan A. Stirrat & Associates.
The total amount is not -to -exceed $21,040.55 through Fiscal Year 1999-2000.
FINANCIAL SUMMARY
For development related projects involving civil engineering plan checking and inspection, funding
is currently and will continue to be provided through developer's Wxddsposb paid by the applicant
to the City at the plan checking stage. Each specific development related project assignment is
compensated with 75% of the applicant's fees via purchase orders authorized by the City Manager.
BACKG ROU N DIDI SC U SSI O N
In October 1996, the City Council awarded the two year on-call contracts with provisions for
extension up to three (3) years to six civil engineering companies: Bryan Stirrat & Associates;
Charles Abbott Associates; Dewan Lundin & Associates; GFB-Friedrich & Associates; Hall &
Foreman Inc; and RKA Civil Engineers.
On October 6, 1998, the City Council approved and extended a three-year Consulting Services
Agreements with Chanes Abbott Associates and Hall & Foreman, Inc. to provide City Engineering
Services. To ensure consistent and continuous service to the applicants, existing development
projects being reviewed by Bryan Stirrat & Associates, Dewan Lundin & Associates, GFB-Friedrich
& Associates, and RKA Civil Engineers would continue until each of the development projects were
finalized and completed. Each specific development related project assignment has been and
continues to be compensated with 75% of the applicants fees. The balance (25%) compensates
the City for overhead expenses.
The Purchasing Policy and Procedures Guidelines limits the authority of the City Manager to
$10,000 for one vendor in a given fiscal year. Bryan A. Sbrrat & Associates' purchase orders to
date of Fiscal Year 1998-99 is $9,840.55. Further development related project reviews and
inspections, will exceed the $10,000 City Manager authority in Fiscal Year 1998-99 (See
Attachment 1). This report requests authorization for the City Manager to approve additional
purchase orders from existing developer fees to continue the pre October 6, 1998 assignments for
on-call civil engineering plan checkinghnspeciion services of Bryan A. Stirrat & Associates through
Fiscal Year 1999-2000 for a iota) amount rwt-b-exceed $21,040.55. The requested adjustment
does not adversely affect the General Fund.
Prepared by:
David G Liu/Linda Smith
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CITY OF DIAMOND BAR
r c*1513DA REPORT
AGENDA NO. 1
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 16, 1999 REPORT DATE: March 5, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: RESOLUTION NO. 99 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR DENYING AN EXTENSION OF TIME FOR TENTATIVE TRACT
MAP NO. 51253, CONDITIONAL USE PERMIT NO. 92-12, AND OAK TREE PERMIT
NO. 92-9 FOR A PROPERTY LOCATED EAST OF MORNING SUN AVENUE AND
NORTH OF PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA
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 axes 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. On February 16, 1999, the
City Council concluded its public hearing and directed the preparation of a resolution of denial. Continued
from March 2, 1999,
RECOMMENDATION:
It is recommended that the City Council review and adopt Resolution No. 99 -XX.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolutions — Bid Specification (on file in City Clerk's Office)
_ Ordinances
Agreements
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?
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?
X
Yes
No
Report discussed with the following affected departments:
Public Works Division
7r7
.
0 - -67-V
TLVffence L. Bel ger
City Manager
& �-p
VM"
Jkmes DeStehu o
Deputy City Manager
AGENDA NO. 8.2
NO DOCUMENTATION AVAILABLE
AGENDA NO. 8.3
NO DOCUMENTATION AVAILABLE
AGENDA NO. 8.4
NO DOCUMENTATION AVAILABLE
1 ' �
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
VIA: Terrence L. Belanger, City Manage"\
FROM: Linda G. Magnuson, Finance Director
DATE: March 16, 1999
SUBJECT: Advance and Reimbursement Agreement Number 12
Recommendation:
ion
It is recommended that the en Number 12, w h the Diamond approving
Reimbursement Agreement ond BarRedevelopment Agency, in the
amount of $1,400,000.
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 $1,400,000 requested in this Advance and Reimbursement
Agreement #12 will be used to fund the redevelopment project implementation activities
($1,400,000), related to the development of office buildings on Lot 22 and Lot 23 located within
the Gateway Corporate Center. The promary tenant of this office complex, is a Fortune 500
company, Allstate Insurance, 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 12
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 12 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 12 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:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAINED COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
CITY OF DIAMOND DAR
AGENDA REPORT
AGENDA N0, 1, Z.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 16, 1999 REPORT DATE: March 10, 1999
FROM: Terrence L. Belanger, City Manager
TITLE: Increase in Diamond Ride Fares for Trips to Ontario Airport and Fullerton Amtrak
Station
SUMMARY: At the March 2, 1999 City Council Meeting, the City Council entered into a contract
with Diversified Paratransit Inc., for Dial -A -Cab services (Diamond Ride). The
Diamond Ride service boundaries are Arrow Highway to the north; Imperial
Highway/Carbon Canyon Road to the south; Central Avenue to the east; Hacienda
Boulevard/Amar/Sunset to the west; and a list of additional designated facilities. The
majority of the additional designated facilities are medical facilities. In addition to the
medical facilities, the Ontario Airport and Fullerton Amtrak Station are eligible
destinations for $1.50. Due to the location and expense of the two destinations, the
City Council discussed the locations. The average net cost to the City for the taxi
service to these places is approximately $31.00.
RECOMMENDATION: It is recommended that the City Council raise the fare to Ontario Airport and Fullerton
Amtrak Station from $1.50 per trip to $5.00 per trip.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
— Resolution(s) _ Bid Specification (on file in City Clerk's office)
_ Ordinance(s) _ Other:
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
N/A Yes
by the City Attorney?
—
—No
2.
Does the report require a majority vote?
3.
Has environmental impact been assessed?
X Yes
_ No
4.
Has the report been reviewed by a Commission?
_ Yes
_ No
Which Commission?
— Yes
—No
5.
Are other departments affected by the report?
Report discussed with the following affected departments:
_ Yes
X No
REVIEWED BY:
YL�1
Terrence L. Belanger
City Manager
ellee A. Fritzal
Assistant to the City Manager
MTV Muue,L nevewr
AGENDA NO.
MEETING DATE: March 16, 1999
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Increase in Diamond Ride Fares for Trips to Ontario Airport and Fullerton
Amtrak Station?
ISSUE STATEMENT:
Should the City Council increase the fare for trips to the Ontario Airport and Fullerton Amtrak Station?
RECOMMENDATION:
It is recommended that the City Council raise the fare to the Ontario Airport and Fullerton Amtrak Station
from $1.50 per trip to $5.00 per trip.
FINANCIAL SUMMARY:
Diamond Ride is funded through Proposition A , which is the half cent sales tax for transportation related
projects. The increase in the fare will not significantly impact the monthly invoices.
BACKGROUND/DISCUSSION:
The Ontario Airport has been a designated facility since the beginning of the Dial -A -Cab program. Due to
numerous requests, the Fullerton Amtrak Station was added as a designated facility on March 2, 1999.
The expenditure for one-way trips to these locations is approximately (average) $31.00 per trip. The fare
charged for these trips is $1.50. A review of the trips to the Ontario Airport:
Actual Proposed
Month Trips Approximate Cost Fare Revenue Fare Revenue
November 45
$1,395
$67.50
$225.00
December 32
$ 992
$48.00
$160.00
January 13
$ 403
$19.50
$ 65.00
February 19
$ 589
$ 28.50
$ 95.00
The overall impact to the monthly invoices is minimal; however, the City is subsidizing each one-way trip by
an average of $29.50. In comparison, the average cost per trip "in town" is $6.29 and the average cost per
trip "out of town" is $17.58.
Based upon the list of designated facilities, the only medical facilities that are farther than the Airport or
Amtrak Station are: Kaiser Permanente facilities in Fontana/Anaheim; City of Hope; Friendly Hills Medical
Group; Medical Building — Rancho Cucamonga; and Nova Care — Ontario. The locations in Baldwin Park
and Upland are close to equal distance.
Access Services Incorporated, the country - wide paratransit provider, charges fares based on mileage.
The fares range from $1.50 to $4.00 per trip. Access Services is conducted through a taxi service.
Exhibit C
DIAL -A -CAB AGREEMENT
FARES, HOURS, AND GEOGRAHIC BOUNDARIES OF SERVICE
FARES: Fares shall be: City limits - $0.50 per trip; outside City limits, within boundaries
or designated facilities - $1.50 per trip; Fullerton Amtrak Station and Ontario Airport - $5.00.
HOURS: The hours shall be 24 hours a day, seven (7) days a week.
GEOGRAPHIC BOUNDARIES: The boundaries shall be Arrow Highway to the north;
Imperial Highway/Carbon Canyon Road to the south; Central Avenue to the east; Hacienda
Boulevard/Amar/Sunset to the west.
Designated facilities for $1.50: In addition, the following Medial Facilities and/or Doctor's
Offices;
Brea Community Hospital, 380 W. Central Avenue, Brea
Casa Colima, 2850 N. Garey (255 E. Bonita), Pomona
Chino Community Hospital, 5451 Walnut Avenue, Chino
City of Hope, 1500 E. Duarte Road, Duarte
Covina Valley Medical Building, 855 Lark Ellen, West Covina
Dialysis Center, 1547 W. Garvey Avenue, West Covina
El Encante Convalescent Hospital, 555 El Encante, Industry
Foothill Presbyterian, 250 S. Grand Avenue, Glendora
Friendly Hills Medical Group, 6301 Beach Boulevard, Buena Park
Friendly Hills Medical Group, 1251 East Lambert Road, La Habra
Glendora Community Hospital, 135 West Acosta, Glendora
Glendora Rehabilitation Center, 435 Gladstone, Glendora
Kaiser Permanente, 1011 Baldwin Park Boulevard, Baldwin Park
Kaiser Permanente, 9961 Sierra Avenue, Fontana
Kaiser Permanente, 441 N. Lakeview Avenue, Anaheim
Kaiser Permanente, 1188 N. Euclid, Anaheim
Lanterman Development Center, 3530 Pomona Boulevard, Pomona
Medical Building, 927 Haven Avenue, Rancho Cucamonga
Medical Offices, 412 W. Carroll Avenue, Glendora
Medical Offices, 12454 E. Washington Boulevard, Glendora
Neurosurgery Medical Offices, 405 E. Acosta Avenue, Glendora
Nova Care, 3602 Inland Empire Boulevard, Ontario
Pomona Valley Hospital Medical Center, 1798 N. Garey Avenue, Pomona
Queen of the Valley Hospital, 1115 S. Sunset Avenue, West Covina
San Antonio Hospital, 999 San Bernardino Road, Upland
St. Jude's Medical Center, 101 E. Valencia Mesa Drive, Fullerton
St. Jude's Heritage Foundation, 433 W. Bastanchury Road, Fullerton
US Family Care Hospital, 5000 San Bernardino Street, Montclair
Fullerton Amtrak Station and Ontario Airport - $5.00
Verbatim Transcript of Jan Dabney's
Discussion Re: TTM 51253
CC Meeting of March 16, 1999
Jan Dabney: Good Evening, my name is Jan Dabney, 4439
Rhodelia Dr., Claremont. In the time period in which, from
which we last met, I had the opportunity to talk to Frank
Stellman, the Geotechnical Consultant on the project who had the
opportunity to review the School District's geotechnical report.
I had a long, all day meeting with Mr. Patel, who I spoke with
again today and Mr. Patel asked me to modify his project, in
what I felt responded best to the concerns of the City Council.
To modify his project when you have an existing Tentative Map,
there is certain constraints that you have to consider. One of
which is, you can decrease the lot count, but you have to keep
the general intention of the map in place or you have to go back
out for reconsideration. In reviewing the Patel Map, which was
not prepared by J.0 Dabney & Associates originally, I have
modified the map, the impact to the blueline stream on the
project was reduced 95'0. The impact to the tree count on the
project was reduced 7H through my latest effort. The land
grading was reduced 35%. The project now includes landform
grading techniques and is a very buildable, doable project. The
areas that were concerns to the School District as far as
geotechnical considerations and to our consultant have been set
aside, are not part of the map today. The portion of the
property that was to be transferred to the School District
ultimately, per the agreement, has been increased not to appease
the School District but only because it lends itself to a better
consideration by the School District. The project itself has
been reduced to 16 lots that would remain with Mr. Patel. The
17th lot, being the Agreement lot that has to be transferred to
the School District. Originally, that lot was approximately
9000 sq. ft., its' been increased to approximately 46,000 sq.
ft. as a product of the landform grading. Areas adjacent to
that lot, there were two lots that were originally part of the
map that were removed because of the extreme grading
considerations. On the north end of the project, there was a
cul-de-sac which was shortened 50 ft.; sucked back the grading
and stay out of the blueline stream. And to basically eliminate
the need for 1603 and a 404 permit, which Mr. Patel, I don't
think could have got in an appropriate amount of time. An
overall footprint of the offsite grading was reduced from
approximately 3 acres to a little under 1 acre. The School
District's participation in this map, with the, just a little
under 2 tenths of an acre, in exchange for that participation,
they're getting just a little over 1 acre back, of which 7,000
ft. is approved pad and the remainder is the un -disturbed area
adjacent to their ownership. I believe that Mr. Patel has done
what he should have done originally, but was improperly
informed, to be quite candid. And I think what he has done or
he has asked me to do lends itself to a little more favorable
MARCH 16, 1999 PAGE 2 VERBATIM TRANSCRIPT, TTM 51253
consideration by the Council. His geotechnical consultant
assures me that he can resolve the problem by cutting down the
grading on this project and eliminating several lots that were
in the area adjacent to an ancient landslide. He feels that the
project is very doable at this time.
May I pull out this map very briefly to show you what the
modifications are?
M/Chang Go ahead.
Dabney (Showing the map) The main modifications to the
map, there originally had been a group of lots down here, that
fell in this blueline stream, with the grading coming all the
way across here, and then the grading having to extend on the
School District property all the way across this area. This
area here apparently is an ancient landslide area that the
geotechnical consultant felt that would require additional
buttressing and consideration to make this safe. In lieu of
going to that extent on the school district property, those lots
were removed, cul-de-sac was pulled back approximately 50 ft. to
keep the grading out of the existing storm drain facility here
and this existing blueline stream. The current tree line is
here, we have a small intrusion on that tree line which is right
here, very small piece where it originally, the whole treed area
was removed from the original plan. Originally, there were
several lots in here, a large cut lot, two large cut lots, made
this into a cut fill lot in this location, enhanced the pad
size, incorporated a landform grading technique to round off
what was originally proposed here with a straight line grading.
Eliminated two lots over in this area, took the major part of
those two lots left it in its undeveloped state to transfer
along with the developed portion to the School District and
incorporated a landform grading technique here that allows the
slope to undulate so it looks more like a more natural setting.
These two lots were increased in pad size dramatically. One of
the lots up here was moved down here to allow all these lots to
face the new homes, to face on Morning Sun as was a concern by
the local residents some years ago. The project allows the
School District, when we left this piece out here, if they
remove this knob here, which is an isolated knob, it allows them
to get a 10o grade up to this pad that they currently can't get
to, without creating an intrusion onto the view corridor that
we're going to have with this slope. Originally, there was
approximately 700 ft. of additional concrete gutters that had to
be put in the plan proposed by the previous engineer. The sub
of the gutter, the additional gutter that has to be replaced,
now equals what the School District currently has there, needs
to be removed and re -installed to meet this aradina
MARCH 16, 1999 PAGE 3 VERBATIM TRANSCRIPT, TTM 51253
consideration. But no additional hardscape is required by this
plan. So I think from an environmental point of view, this plan
is environmentally extremely sensitive compared to the original
project that was before you. The general configuration of the
street and the boundary remains the same so we can meet the test
of the previously approved tentative map. The project itself
flows quite well. The density on this project is 2.44 units per
acre. The average pad size, average pad size is 7,800 sq. ft.
and the average lot size is approximately 15,000 sq. ft.
What I heard from the Council was, we want to have a better size
pads so we don't get caught in having the houses too close
together. We want to have a little more open space, we want the
geotechnical considerations addressed, we want your project to
be more environmentally sensitive and we want you to address
these landform grading aspects. I have tried to do that and in
Mr. Patel's favor, he said do whatever you think is necessary to
accommodate a plan that you believe will work. This plan does
work, is sensitive, has no unusual grading characteristics, does
not require large buttressing on offsite properties, meets the
constraints of the previously approved tentative map and it also
meets the Agreement that Mr. Patel had with the School District.
And it was just finished today. So I'm sorry you didn't have it
before you before...
Can I answer any questions you might have?
M/Chang Thank you. I think Mrs. Ansari have
question? you have a
C/Ansari Yeah, Mr. Dabney, I was just writing down what
You had mentioned. You said that instead of having the offsite
grading on 3 acres it's going to be now on 1 acre of the School
District property?
Mr. Dabney Yes, a little less than 1 acre.
C/Ansari All right. Is this any different, this map than
from before? Isn't another map basically?
Mr. Dabney It has the original street configuration which I
have to abide by at this moment and the offsite grading has been
reduced dramatically. We've reduced that down from
approximately 3 acres of impacted area on the School District's
property to something less than 1 acre. Of that 1 acre grading
that we're doing on the School District property, approximately
of a acre is useable pad, enhances their existing pad.
C/Ansari Ok, Thank You.
MARCH 16, 1999 PAGE 4 VERBATIM TRANSCRIPT, TTM 51253
In response to Mrs. Ansari's question regarding the grading of
Mr. Patel's property and the reduction of houses down to a
smaller amount:
Mr. Dabney: Actually, his current proposal that I share with
him, reduces his project from what he perceived to be 20 homes
being built to 16 homes being built on the project. He feels
that that is a reasonable reduction and actually when you go
through the map preparation, the grading and the things
associated with the site, I actually share his concern. The
land itself lends itself to that sort of unit count. Given an
opportunity, if we are given an opportunity to present the map
to you, I think your staff will find that the pads are ideally
sited and situated and there is no scrunching or there was no
consideration on lot count given by analyses of the project, to
be quite candid. Laid out the grading, stayed out of the
blueline stream, put the landform grading aspects into the
project, reduced the footprint, once we were done with that then
we looked at what the unit count would be. So the project, this
map that I prepared, was not driven by a unit count. It just
ended being that unit count when you got done. The grading on
his, on this property needs to carry over onto the school
district property. There, not just for the Patel benefit, but
there are some underlining considerations that were grading
techniques that were used during the landslide that need to be
resolved. If this project is not allowed to grade onto the
school district site, then the truth of the matter is the
amount of lots that could be produced on the this site, I have
no idea what that would actually yield, and I don't know how
that would impact the agreement that he has currently with the
school district. When T say impact the agreement, they have a
designated site that they ask for. I don't know what happens if
you, if he balances on his site, I don't know what that would be
mean to the actual lot configuration on the project.
In response to questions brought up by M/Chang:
Dabney: May I address some of those concerns? I think one of
the things that Mayor, you're perhaps confusing the issues a
little bit. There's an agreement between Mr. Patel and the
School District that requires each of parties to perform in some
category. Mr. Patel has performed the initial part of the
agreement that was re uired by the School District to allow the
School District to do their grading. He allowed them to come on
the property to put sub -drains on his property, to the buttress
on his property and to have free run of his property as they saw
fit to mitigate the landslide Beneficial to Mr. Patel also
But the agreement is in fact in place. When I said Mr. Patel's
need to live up to the agreement, some of the constraints, the
MARCH 16, 1999 PAGE 5 VERBATIM TRANSCRIPT, TTM 51253
agreement calls for a specific piece of property to be
transferred to the school district in exchange for the use of
their property. If Mr. Patel meets that requirement, the school
district would be hard-pressed legally not to honor the
agreement. This project and the modifications that I've made to
this project... (I was not the engineer of record on this project,
I did not design this map, I had nothing to do with the design
of this map or any of the considerations that went on before.
As a quality engineer, 30 years experience on major projects, 10
times more complex than this issue) this project with the
modifications that I'm proposing with the limitations that are
put on the designer, school district's need for the piece of
property per the agreement, to conform to the general
constraints of the previous tentative map to allow an extension
with considerations, there are some limiting factors there to
abide by and there are legal aspects that need to be abided by.
This project removes the geotechnical consideration and the
concerns that I specifically had, not just the geotechnical
engineers, he said we can buttress it, we can do these
improvements. In my opinion, if my name is going to be on the
map, I do not wish to suffer any liability or consequence, so if
my recommendation, if I'm involved with this project, that
buttress will not be required, I will not put a lot there and I
will not put a home there. This project was reduced in its size
at my recommendations to what I perceive to be the most
environmentally conscious, and the most geotechnically
acceptable solution to an existing problem. The geotechnical
consultant has, with the City, his proposed mitigation program
as demanded by the original conditions. The only thing that has
changed in the interim is the fact that we have reduced the area
in which we are going to go out and do grading, thus making the
mediation a little simpler. And a little safer and a little
more conservative. So, when you look at the thought that it is
too little too late, it was not my map, I came in when I could
and tried to resolve a tough problem. I feel that I have
resolved the problem and the new map, while I had not been
before the City, it takes on a map like this which is this
complex, a long time to come up with something that meets all
the constraints, since they were never addressed in the first
approval process. So I think that consideration here now is Jan
C. Dabney as professional engineer has addressed what I feel are
the environmental concerns, the landform grading concerns and
all the issues as best as could be addressed on this property.
When I say as best, that doesn't mean that any safety factor was
overlooked This project works, I -would stamp this and risk my
reputation and my E & 0 Insurance on this project. I would have
assumed that the previous engineer would not have done any of
MARCH 16, 1999 PAGE 6 VERBATIM TRANSCRIPT, TTM 51253
the ???. A second address on the EIR, if the project has least
impact, normally, additional study on the EIR does not have to
be done. When we say this project has less impact, recall the
180 lots proposed on the RSG project never got built even though
the EIR took those into consideration. The basic issues on an
EIR are exactly what the initials say:
Report. If the impacts are less, then the current environmental
impact report is adequate. On this project, I dare say that
with intrusion in the blueline stream this project probably
couldn't have been approved conditional) anyway.
know if Mr. Patel would have been able to y y' Cause I don't
Fish & Wildlife and the Corps. of Engineerst he togFish & Game,
with
this project. That' s the reason my recommendation o is gemove
that
this project from blueline ton
stream.
hasn't been a long time. I was given an ungodly task that could
not be physically designed even though it was approved after
like, 400 hours of effort, I made that terrible map which has
amazed even myself. This map, the proposal and modifications I
represent are very quality engineering solutions to a difficult
and unsavory project that a previous Council had approved and
YOU can't beat me up for a previous Council action on a project
that I wasn't the engineer. I think, given an opportunity,
You'll. have a very attractive project which will enhance the
values of that neighborhood. Thank vow
OVA COW Air Guft NWWpW4M bkoid
21M L Cogby 1131ft INMOnd am
I CA 91M
Fax (W) =4033 Or (W) 3964M
March io. 1999
CAN, of Diamond Bar
21660 E. Copley Dr., Suite 100
Diamond Bar, CA 91765
dtn: Nancy Whitehouse
Dear Nancv:
This letter is to confirm Your recent reservation for use of the District's Conference Centr
facility.
e en e
DATE
DF.,SCRIPTION L -r A
I2T TIME END TIME ROOM NO. CAPACIT
:3%16;99 City ouncil Closed 3:45pm 5:00prn CC2
Session 50
6/5%99 Tov.,n Hall Meetin 9:00am 12:00 M Auditorium 200
PLEASE CARPOOL AS MUCH AS POSSIBLE FOR PARKING PURPOSES
Please be aware, however, that should the District's need for the facility conflict with any
reservations made by an outside organization. the District will be given preference.
Any audio visual requirements can be made by contacting Paul Wright the District's Audio
Visual Specialist, at 909/396-2023. Coffee service and meal arrangements should be
arranged by contacting the District's provider at 909/396-2019- Under no circumstances
will food be allowed in the District's main auditorium.
It is the responsibility of each organization to clean up after themselves and to return the
room to its original set 11P.
If You have any questions or If it is necessary to cancel or reschedule your resenatioL please
call 909/396-3378.
My new Fax # is 396-3633.
Sincerely,
Deanna Davis
Secretary
TO: The Diamond Bar Cita• Connell & Cit} Manager
21660 E. Coplev Dove, Scute t00
Diamond Bar Ca. 91765 `
Frotrx Al Rumpilla
23958 Golden Springs Df.
Diamond Bar Ca, 91765
Phone (901))861-8899
Dear Council members Bt Cite Manger
Alter looking over the staff report for to,ight's agenda item 49.2
"Increase of Fares for trips to Ontario Airport and Fullerton Amtrak
I we uld like to give my view points on the matter to be recorded in the
minutes as follow -
1. This program is one of the best things that the council has appnne.
2. The fiere to Ontano Airport has always been $150 This council is
looking to see if the residents are abusing the system and I say Not
Please don't fix sornctluug that is not brake,.
3. At the last council meet}ng the council wanted to impost a penalty
for the C21) that is tate to the call. I app with the penalty that gives the
nder a free fate. HowVver I thirds the council is penaliving the wrong
PQrI . The cab vompM should be the one too penaliic not the cab driver_
Wfrvf Beraam for si ba ofnolde cion&/ over tee drivem
I do use the system, and U%WV time I take the cab I ask the drivers what
tater think of our program..411 the drivers t asked. like our Diamond
Ride
One of their tvmplainls is that they ane Piling blame for being late %teen
they don't get dispatch until the rider has already been'Zitft for 30
miautes or longer. My recommendation is give the ,der a free Parc and
charge the cab cofnpoav agaiaq their 51.60 per mile.
I would like for this council 10 thiole about making ThL DWmoud Ride
Free to the residents of Diamond Bar_ If I understand how PROP.A
money is to be used, thea this city could afford to olkr this to the
re dcuts of Diamond WE I -void cncwmgc the ct>t x l to look. at the
Cit) of Commmc; They Lwe free rides for their residents.
N'a% for the fate to Fullerton Amtrak i ,once again would like to see: the
fare stead at S1_50 or loner. 0 do not use the smice for the Fullerton
rkle? My thinking about Fullerton is again How is PROP. A funds
suppose to be use, if this is being used to help pew; to car pool. Than I
say lets do it and not snore than S 1.50 per rano.
Respectfully
At RumpiJJa
Dear Diamond Bar resident:
There is a new housing project being built in your neighborhood.
This building will be used to house criminally insane inmates.
These are people that have not been able to be convicted due to
their mental state. They are murderers, molesters and burglars. The
Diamond Bar City Council has apparently known about this for
some time, but has neglected to keep its residents informed of this.
Their reaction was to "build the walls higher" rather than to aid the
Diamond Bar residents in getting rid of this project. Construction
is to begin in June at the Lanterman Development Center and we
need your help in persuading the City Council to help us rid our
city of accepting criminals to live here. If they are unwilling to
help us, then we need to stick together and do this ourselves and
we will find new City Council members that will help us.
The Diamond Bar Residents Against Criminal Elements
MBRACE) necds-your support. ha, ah'PAY sought 11 -gad and we will be able to stop Lanterman but this will be a
long fight and WE NEED TO STICK TOGETHER! Please e-mail
us with your suggestions at dbrace2@juno.com
Thank you for your support.
CITY OF DIAMOND BAR AND THE DIAMOND BAR
REDEVELOPMENT AGENCY NOTICE OF JOINT PUBLIC ItEARING
NOTICE, IS HEREBY GIVEN that the City Council of the City of Diamond Bar and
the Diamond liar Redevelopment Agency (the "Agency") will hold a joint public hearing on the
proposed Disposition and Development Agreement by and between the Agency and Diamond
Bar Partners, L.L.C. or assignee (the "DDA"). A copy of the DDA is on file and available for
public inspection with the City Clerk, at the Diamond Btu City Hall, 21660 E. Copley Drive,
Suite 100, Diamond Bar, California 91765-4177, The DDA generally provides for the
acquisition and sale of certain real property by the Agency (the "Site") identified as "Lots 22 and
23" within the Gateway Corporate Center (Assessors Parcel Numbers 8293-050-022 and 8293-
050-023) and the development of the Site as a commercial office complex all in conformity with
the Redevelopment Plan
rY,
Any person or organization interested in expressing an opinion on this matter is invitcdl i
attend the public hearing and offer testimony
Date: Tuesday, March 16, 1999 -
Time: :P,0 m., or as soon thereafter as the matter may be heard
Place: South Coast Air Quality Management District Auditorium
7l 21865 E. Copley Drive
a�Q rl Diamond Aar, California 91765-4177
1t you challenge the item listed above in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Agency at, or prior to, the public hearing. Furthermore, you
must exhaust any administrative remedies prior to commencing a court challenge to the Agency s
action_
Further details relating to the subject sale of real property, including the report required
by Calitbmia Health and Safety Code Section 33433, are on file and may be reviewed in the City
Clerk's office at the above Diamond Bar City Hall address, during regular office hours. Further
information on the subject matter may also be obtained by contacting Terrence L. Belanger. City
Manager at 909-396-5666 or l;elise Acosta the Redevelopment Agency consultant at 714-541-
4585
Dated this 25th clay of February, 1999.
Published in the
San Gabriel Valley Tribune
Inland Vallcy Daily Bulletin
Tuesday, March 2, 1999
Tuesday, March 9, 1999
By: Terryke L. Belanger, City Manager
Post -it'' brand fax transmittal memo 7671 Moi pages s
To /1 From
l/(ah?D,µ
co.C4 IV 491,4M4 40 co. Amt B!�•GE�71�
Dept. U rn4,AJ Phone M W?
639-7 39-7
Fax N '961
- 17 Fax M 5 spa
17- 0'd -Q 00'13N 217 t'.I66.'��
REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE BOARD OF DIRECTORS
MARCH 2, 1999 Apt
1. CALL TO ORDER: Chair/Ansari called the meeting to order at 10:22 p.m. in the South
Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar,
California.
ROLL CALL: Agency Members Chang, O'Connor, Chairwoman/Ansari. Agency
Member Herrera and Vice Chairman Huff were excused.
Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney;
James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose,
Community Services Director; Mike Nelson, Communications & Marketing Director; Linda
Magnuson, Finance Director and Lynda Burgess, Agency Secretary.
2. PUBLIC COMMENTS: None Offered.
3. CONSENT CALENDAR: AM/O'Connor moved, AM/Chang seconded, to approve the Consent
Calendar. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS - Chang, O'Connor, Chair/Ansari
NOES: AGENCY MEMBERS - None
ABSENT: AGENCY MEMBERS - Herrera, VC/Huff
3.1 APPROVED MINUTES - Regular Meeting of February 16, 1999 - as submitted.
3.2 APPROVED VOUCHER REGISTER - dated March 2, 1999 in the amount of $9,306.25
3.3 RECEIVED AND FILED TREASURER'S REPORT - for January, 1999.
4. PUBLIC HEARINGS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS: None
AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Ansari adjourned
the meeting at 10:25 p.m.
ATTEST:
Chairman
LYNDA BURGESS
Agency Secretary
INTEROFFICE MEMORANDUM
CITY OF DIAMOND BAR
TO: Honorable Chairman and Members of the Redevelopment Agency
'IAA: Terrence L. Belanger, Executive Director W
FROM: Linda G. Magnuson, Finance Director
DATE: March 16, 1999
SUBJECT: Advance and Reimbursement Agreement Number 12
Recommendation:
It is recommended that the Redevelopment Agency adopt a resolution approving Advance and
Reimbursement Agreement Number 12, with the Diamond Bar City Council, in the amount of
$1,400,000.
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 $1,400,000 requested in this Advance and Reimbursement
Agreement #12 will be used to fund the redevelopment project implementation activities
($1,400,000), related to the development of office buildings on Lot 22 and Lot 23 located within
the Gateway Corporate Center. The promary tenant of this office complex, is a Fortune 500
company, Allstate Insurance, which will house an estimated 1,000 employees
RESOLUTION NO.
A RESOLUTION OF THE DIAMOND BAR REDEVELOPMENT
AGENCY APPROVING ADVANCE AND REIMBURSEMENT
AGREEMENT NUMBER 12 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 12, 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 12 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 , 1999, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
ATTEST:
Lynda Burgess, Secretary