Loading...
HomeMy WebLinkAbout02/15/2000Tuesday, February 15, 2000 6:30 p.m. — Regular Meeting South Coast Air Quality Management District Main Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Mayor Debby O'Connor Mayor Pro Tem Eileen Ansari Council Member Wen Chang Council Member Carol Herrera Council Member Bob Huff City Manager Terrence L. Belanger City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports or other written documentation relating to agenda items 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 COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings ofthe Diamond Bar City Council aro open to the public. A member ofthe public may address the Council on the subject of one or more agenda items and/or other items ofinterest which aro within the subject matterjurisdiction ofthe Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion ofthe 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 oftime 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 dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State LAW (Brown Act), all mattes 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 any person who commits the following acts in respect to a regular or special meeting ofthe Diamond Bar City Council. A Disorderly behavior toward the Council or any member ofthe staffthaw& tending to interrupt the due and orderly course of said meeting. B. A breach ofthe peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board, and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting ofthe City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860-I dNE Gcneral Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Presbyterian Church Next Resolution No. 2000-9 Next Ordinance No. 02(2000) 6:30 p.m., February 15, 2000 Mayor Dr. Robert Cassel, Northminster ROLL CALL: Council Members Chang, Herrera, Huff, Mayor Pro Tem Ansari, Mayor O'Connor APPROVAL OF AGENDA: Mayor 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Presentation of Certificates of Recognition to Jerry Arnet, Glen Plovanich, Ben Potter, John Rowe and Jackie Warren, Volunteer Patrol Members that have logged 500 hrs. 3.A.2 Proclaiming February 2000 as "Black History Month." 3B. CITY MANAGER REPORTS AND RECOI&ENDATIONS: 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 PRESIDENT'S HOLIDAY - February 21, 2000 - City Offices will be closed. Will re -open Tuesday, February 22, 2000. FEBRUARY 15, 2000 PAGE 2 5.2 PLANNING COMMISSION - February 22, 2000 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 PARKS AND RECREATION COMMISSION - February 24, 2000 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 CENSUS TOWN HALL MEETING - February 26, 2000 - 9:00 a.m. - 12:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - March 7, 2000 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr 5.6 JOINT COUNCIL/WVUSD BOARD MEETING - March 8, 2000 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 TRAFFIC & TRANSPORTATION COMMISSION - March 9, 2000 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.8 CITY BIRTHDAY PARTY - April 9, 2000 - Peterson Park, 24142 E. Sylvan Glenn Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Study Session of February 1, 2000 - Approve as submitted. 6.1.2 Regular Meeting of February 1, 2000 - Approve as submitted. Requested by: City Clerk 6.2 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of November 18, 1999 - Receive and File. Requested by: Community Services Division 6.3 VOUCHER REGISTER - Approve Voucher Register dated February 15, 2000 in the amount of $560,716.57. Requested by: Finance Division 6.4 NOTICE OF COMPLETION OF MINNEQUA LANDSLIDE REMEDIATION PROJECT - On October 19, 1999, Council awarded a construction contract for remediation of the Minnequa Landslide Project to Summit Contracting. The failed portion of the slope has been reconstructed to its approximate pre -failure configuration and the completed work has been determined to be in accordance with the plans and specifications approved by the City. FEBRUARY 15, 2000 PAGE 3 Recommended Action: It is recommended that the City Council accept the work performed by Summit Contracting and authorize the City Clerk to file the Notice of Completion and release any retention amounts thirty-five days after the recordation date. Requested by: Engineering 6.5 RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE T -INTERSECTIONS OF LEYLAND DRIVE/BENFIELD PLACE, CHESTNUT CREEK ROAD/EVERGREEN SPRINGS DRIVE, CHESTNUT CREEK ROAD/PRESADO DRIVE, AND THE INSTALLATION OF 50 FEET OF RED CURB AT THE NORTHWEST AND NORTHEAST CORNERS OF PRESADO DRIVE/CHESTNUT CREEK ROAD - The City received requests from residents to study the need for multi -way stop signs at the intersections of Leyland Dr./Benfield Pl., Chestnut Creek Rd./Evergreen Spgs. Dr., Chestnut Creek Rd./Presado Dr. The Traffic & Transportation Commission reviewed the requests have recommended Council approval of the stop signs. Recommended Action: It is recommended that the City Council adopt Resolution No. 2000 -XX approving installation of multi -way stop signs at the T - intersections of Leyland Dr./Benfield Pl., Chestnut creek Rd./Evergreen Spgs. Dr., Chestnut Creek Rd./Presado Dr., and installation of 50 ft. of red curb at the northwest and northeast corners of Presado Dr./Chestnut Creek Rd. Requested by: Engineering Division 6.6 (a) RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INITIATING PROCEEDINGS FOR LANDSCAPE DISTRICT 38, 39 AND 41 - The City has an annual program for maintenance of public improvements and intends to continue the program by special assessments upon lands within the City's Landscaping Assessment District Numbers 38, 39 and 41. Funds must be provided to enable these Districts to continue their operation during FY 00-01. Proceedings for maintenance of said improve- ments will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. Recommended Action: It is recommended that the City Council adopt Resolution No. 2000 -OX initiating the proceedings for Districts 38, 39 and 41 ordering preparation of the appropriate engineering reports. FEBRUARY 15, 2000 PAGE 4 (b) AWARD OF ASSESSMENT ENGINEERING SERVICES - On December 17, 1999, the Department of Community & Development Services solicited proposals for Assessment Engineering Services for Landscaping Assessment District Nos. 38, 39 and 41. Six proposals were received on January 7, 2000 from GFB-Friedrich & Associates, Berryman & Henigar, Harris & Associates, Willdan, RKA Civil Engineers, and NBS-GFG. Upon review of the proposals, staff proposes to award the Assessment Engineering Services to GFB-Friedrich & Associates. Mr. John Friedrich of GFB-Friedrich has been the Assessment Engineer for the City since FY 94-95. Recommended Action: It is recommended that the City Council award a contract for Assessment Engineering Services to GFB-Friedrich & Associates, Inc. in an amount not to exceed $9,900 each for FY 00-01, 01-02 and 02-03 respectively; a contract total of $29,700 plus a contingency amount of $3,000. Requested by: Engineering Division 6.7 APPROVAL OF CONTRACT AMENDMENT WITH L.A. SIGNAL INC. - On August 3, 1999, Council awarded a construction contract for installation/modification of traffic signals on Brea Canyon Rd., (at Diamond Crest Ln., Glenbrook Dr. and Golden Spgs. Dr.) to L.A. Signal, Inc. and authorized an amount of $242,605 for construction. The signals at Brea Canyon Rd. at Diamond Crest and at Brea Canyon Rd. at Glenbrook were completed and operational on September 8, 1999 and January 3, 2000, respectively. Since construction started on August 24, 1999, several subsurface conditions necessitated changes in the design, plan and scope of work. These conditions exist at the intersections of Brea Canyon Rd. at Golden Spgs. Dr. and Glenbrook Dr. An amount of $13,500 is being requested to complete the required changes. The amended contract amount would be $256,105. Recommended Action: It is recommended that the City Council approve a contract amendment with LA Signal Inc. in an amount not to exceed $13,500. Requested by: Engineering Division 6.8 REJECTION OF ALL BIDS RECEIVED FOR CONSTRUCTION OF SKATEBOARD PARK AT PETERSON PARK - Council approved plans and specifications for construction of a Skate Park at Peterson Park and authorized the City Clerk to advertise to receive bids. 18 contractors purchased bid packages and 10 of those contractors submitted bids. Bids were opened and publicly read on Tuesday, February 8, 2000 FEBRUARY 15, 2000 PAGE 5 with prices ranging from a low of $227,132.50 to a high of $384,252. The Engineer's Estimate for this project is $214,000. Since all bids received were above the engineer's estimate, staff recommends that Council reject all bids and authorize staff to re -open the bid process with revised plans and specifications. Recommended Action: It is recommended that the City Council reject all bids received for construction of the Skate Park at Peterson Park, approve the revised plans and specifications and direct the City Clerk to advertise to receive bids. Requested by: Community Services Division 6.9 RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR FOR APPROVAL OF FINAL TRACT MAP NO. 52267, FOR THE SUBDIVISION OF A 65 ACRE SITE INTO 127 SINGLE FAMILY RESIDENCES, LOCATED IN THE CITY OF DIAMOND BAR, CALIFORNIA - This project consists of construction of 127 single family units on 65 acres of a 339 acre site. The Final Tract Map has been submitted by SunCal Companies to the City for approval and staff has technically approved the Map. Recommended Action: It is recommended that the City Council a) approve Final Tract Map No. 52267; b) authorize the Mayor to execute the Subdivision Agreement; c) adopt Resolution No. 2000 -XX; d) authorize the Deputy Director of Public Works to sign the map; e) direct the City Clerk to certify and process the map and C.C. & R's for recordation; and f) direct the City Manager to sign the Escrow Instructions and Entry Permit. Requested by: Engineering Division 6.10 AMENDMENT NO. 5 TO A PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING REGARDING ENVIRONMENTAL SERVICES FOR PROPOSED VTM 52267 (Suncal) - In order to provide environmental services necessary to monitor the mitigation measures as outlined within the previously - approved VTM 52267, approval of an amendment to the existing agreement is necessary. Recommended Action: It is recommended that the City Council approve an amendment to the agreement with BonTerra Consulting in the amount of $99,446. Requested by: Engineering Division 6.11 RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE FILING OF A FEBRUARY 15, 2000 PAGE 6 CONTESTING ACTION TAKEN WITH RESPECT TO THE REGIONAL WATER QUALITY CONTROL BOARD ORDER NO. 96-054 - LARWQCB Order No. 96-0541 incorporated specific numeric standards and other provisions into the Storm Water Management Permit for the City via the Standard Urban Storm Water Mitigation Plan (SUSMP) without the expressed concurrence of the permittee at a public hearing held January 26, 2000 by the California Regional Water Quality Control board. The City opposes the action and order. The proposed resolution represents an administrative action only and does not commit the City to any specific legal challenge of the Order. In addition, it identifies the commitment of the City to comply with the requirements of Order 96-054 and an intention to submit a notice of such compliance. Recommended Action: It is recommended that the City Council review the Resolution and direct staff as appropriate. Requested by: Mayor Pro Tem Ansari 6.12 PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES FOR A TRANSPORTATION CORRIDOR ROUTE LOCATION STUDY - The Four Corners Transportation Study Group, through funding assistance from the So. Calif. Council of Governments (SCAG), recently approved a study of transportation improvement alternatives in the area bounded by SR60, SR57, SR91 and SR71/1-15. One of that study's recommendations was that an east -west connector corridor routed between Grand Ave. and SR142 (Carbon Canyon Rd.) be further studied, as the data suggested that such a corridor would mitigate the impact of traffic on Grand Ave., Carbon Canyon Rd. and the SR60/SR57 interchange. The proposed corridor would essentially connect SR71 to SR57 (at the Brea Canyon Rd. interchange). Recently, the Boy Scouts of America, Los Angeles County, agreed to sell approximately 2,300+/ -acres of its land to the Wildlands Conservancy. This impending sale has created a heightened level of urgency in having a study conducted of a possible transportation corridor in the upper portion of the Boy Scout's property. This study is necessary, as there is an interest in reserving a transportation corridor in this upper Scout property area through to the Shell Oil property and to SR57. Parsons Brinckerhoff is uniquely qualified to conduct this type of study. In the early 1990's, PBQD conducted a transportation corridor alternatives study of Tonner, Carbon and Soquel Canyons. PBQD also performed the recently approved Four Corners study. The experience and knowledge PBQD brings to this engagement would assure a swift and comprehensive work product. FEBRUARY 15, 2000 PAGE 7 7. 91 Recommended Action: It is recommended that the City Council approve, and direct the Mayor to execute, a contract for professional engineering services for a transportation corridor route location study with Parsons, Brinckerhoff, Quade and Douglas, Inc., in the amount of $74,797. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. None OLD BUSINESS: 8.1 REPORT ON THE STATUS OF THE GENERAL PLAN AND PROGRESS IN ITS IMPLEMENTATION - California Government Code Section 65400(b) requires the preparation of an annual report for presentation to the City Council regarding the status of the City's General Plan and progress in its implementation. The report was reviewed by the Planning Commission at its meeting of February 8, 2000. Recommended Action: It is recommended that the City Council receive and file the report and direct staff to forward copies to the State Office of Planning and Research and the State Department of Housing and Community Development. Requested by: City Council 8.2 CONSIDERATION OF SITE SELECTION FOR THE PROPOSED COMMUNITY/CIVIC CENTER - Four sites are currently being considered for the proposed Community/Civic Center complex: 1) flat pad (vacant) south of and behind Calvary Chapel at Grand Ave. and Golden Spgs. Dr. (hospital site); 2) vacant pad southwest of current City Hall on Bridge Gate Dr. in the Gateway Corporate Center (Kaiser site); 3) northwest portion of Summitridge Park at Grand Ave. and Summitridge Dr.; 4) portion of D.B. Golf Course where the clubhouse and banquet facilities are currently located (Grand Ave. and Golden Spgs. Dr.). To assist with this decision, staff worked with L.P.A. and developed a series of digital photos of each of the sites and placed the proposed facilities of the complex into each of the photos using computer technology. These photos show how the facilities will look from various points of reference in the vicinity of each site. Recommended Action: It is recommended that the City Council review the four sites under consideration for the proposed Community/Civic Center and select a primary site. It is further recommended that if a site is selected, that the City Council direct staff to complete the following items to continue moving this project FEBRUARY 15, 2000 PAGE 8 forward: 1) obtain a topographic survey and geotechnical study of the primary site; 2) release the RFP to begin the formal selection process for an architect to design the Community/Civic Center complex; and 3) start the California Environmental Quality Act (CEQA) process to analyze the primary site and the effect the proposed facilities may have on the environment. Requested by: City Council 9. NEW BUSINESS: 9.1 APPOINTMENT OF COMMISSIONERS FOR PLANNING, PARKS AND RECREATION AND TRAFFIC AND TRANSPORTATION COMMISSIONS. Requested by: City Council 9.2 CONSIDERATION OF CITY COUNCIL SUPPORT FOR PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 - The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 is the first state bond to go before the voters since 1988. This financing would provide for state, county and city park improvements, development and acquisition. The three categories of per -capita grant programs included in this proposition would result in allocation of $714,175 directly to the City. There are other funds that will be available that the City can compete for as well. The proposition requires a simple majority for passage (i.e.: 50% +1) and there is no known organized opposition to this bond act. In fact, there are over 180 parks, recreation and conservation agencies and organizations that have expressed their support of this proposition. The League of California Cities, the California State Chamber of Commerce and the California Taxpayers' Association (CTA) are also supportive. In a letter from CTA, it states "Cal -Tax endorses Proposition 12 because it is fiscally responsible, it does not raise taxes, and it pays for projects that are important for all Californians." Recommended Action: It is recommended that the City Council review proposed Resolution No. 2000 -XX and direct staff as appropriate. Requested by: Community Services Division 9.3 CONSIDERATION OF SUPPORT OF PROPOSITION 14: CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 - Proposition 14 proposes a $350 million bond measure to fund grants for public library construction and FEBRUARY 15, 2000 PAGE 9 renovation. Grant funds would be available to any city, county, city and county or district that is authorized to own and maintain a public library. Funds may be used for acquisition or construction of new facilities, acquisition of land or remodeling, rehabilitation of existing public library facilities and purchase and installation of furnishings. First priority for funding is to be given to joint use projects in which the agency that operates the library and one or more school districts have a cooperative agreement. Second priority is to be given to all other public library projects. Grant recipients must provide a 35° local match, with the remaining 65° (up to a maximum of $20 million) shall be allocated from bond funds. Recommended Action: It is recommended that the City Council direct staff accordingly. Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA 2000-01 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Ansari, Herrera, O'Connor, VC/Chang, C/Huff 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES - Regular Meeting of February 1, 2000 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated February 15, 2000 in the amount of $23,213.19. FEBRUARY 15, 2000 PAGE 10 Requested by: Finance Division 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: In memory of Raul Medina, former Parks and Recreation Commissioner. CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Regular Meeting at 6:30 p.m. in the Auditorium, of the South Coast Air Quality Management District located at 21865 E. Copley Drive, Diamond Bar, California on February 15, 2000. I, Lynda Burgess declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Regular Meeting, to be held on February 15, 2000 was posted at the proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 11 th day of February, 2000, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar A* v � A 4;V REQUEST TO ADDRESS THE CITY COUNCIL I/V1 TO (: I TY ::LERK DATE: ADI >RE.SS:HONE: S,60 —V6 �2 OR IANIZATION: AGI NDA #/SUBJECT: _ ,;�1,-�� G� (� V-\ I expect to address the Courci on the subject agenda item. Please have the Council Minutes reflect my namF� and address as written ,above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ✓ L�, ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: —2 - If- -" ®o d PHONE9f– J� 07S I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ignature 4 w - � A V REQUEST TO ADDRESS THE CITY COUNCIL 104 � -r0 C I' i Y' ,LEAK FR 7M: -- n / 1 ( C e, �/� DATE: r ADi IRE:SS: A':��_:� 7 N l C ��(�� � ,Q� PHONE d �� OR iANIZ4TION: AGE NDA #/SUE3JECT: '-------__ : L all 0A I exK act to address the Council on the subject agenda item. Please have the Council Minutes reflect my nam(- and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 'TO: CITY CLERK =ROMc�� DATE: �� `> ADDRE=SS: fi PHONE: ("G ORGANIZATION: o Vti, c AGENDA #/SUBJECT ! f N C� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: r" � �'� /vO y /V/j Y U DATE: ADDRESS: Z 4° . 7 /J PHONE: 060 ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature L' -14 + y�q F rz ffr v vg d 11-11IND VAR HOSPITAL PAD MAIMAD BAK el HOSPITAL PAD k,44% lao v 111A HIND HAH. KAISER PAD ,; 4t V kill, GOLF COURSE 111,11111 -ND BAN. a S I UMMIT RIDGE PARK a 1)1.1111111) BAR Sty � RIDGE PARk - 4 l _� S'U'MMtT RIDGE PARK LANDSCAPE ASSESSMENT ENGINEERING SERVICES District Nps. 38, 39, 41 COMPANY GFB-Fi ASSOCIATES OCUT BERRYMAN i HENIGAR HARRIS i ASSOCIATES WILLDAN RKA CIVIL ENGINEERS NBSGFG YEAR 1 FEE ._ 39.900.00 $9,300.10 $9,200.00 $10,000.00 $73.500.00 $12,510.00 YEAR 2FEE $9,900.00 to 6e discussed $9,210.00 $10,000.00+ CPI inflation $10.500.00 none listed YEAR 3 FEE $9,900.00 to be discussed $9,200.00 $10,000.00+ CPI inflation $9,500.00 none Rated TOTAL 3 YEAR FEE $29,700.00 rtorte listed $27,600.00 none listed $33,508.00 none listed _ HOURLY FEE (Project Manager) $105.00 $111.00 $150.00 $125.00 $125.00 $105.OD CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION DISCUSSION OF ANNEXATION PROCESS �� AND PRELIMINARY COST -BENEFIT ANALYSIS �► FEBRUARY 1, 2000 CITY COUNCIL CALL TO ORDER: Mayor O'Connor called the meeting to order at 5:03 p.m. in the South Coast Air Quality Management District Room CC -2, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Chang, Herrera, Huff, Mayor Pro Tem Ansari and Mayor O'Connor. 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; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director, Lynda Burgess, City Clerk; Captain Richard Martinez, Walnut Sheriff; Kellee Fritzal, Assistant to the City Manager; Ann Lungu, Associate Planner; Rose Manela, Assistant Civil Engineer; Sonya Joe, Developmental Services Assistant, and Teresa Montgomery, Communications & Marketing Coordinator. 3. DISCUSSION OF ANNEXATION PROCESS AND PRELIMINARY COST -BENEFIT ANALYSIS. CM/Belanger reported that staff's analysis is dated February 1, 2000 and is intended to be for discussion purposes only at this time. It deals with several areas identified by Council as areas of interest. He pointed out that each Council Member's packet contains a colorized map that provides a snapshot view of the location of areas referred to in the report. The area generally consists of areas bordered by Pathfinder Rd., Brea Canyon Cutoff and Brea Canyon Cutoff and Fairway Dr., Fire Station 119, Sunset Ridge, Monte Vista, Diamond Ridge, Diamond Canyon, Brea Canyon Cutoff and Fallowfield Dr., and portions of Shell Oil property. Originally, the four areas that were evaluated in 1998 were the four private gated communities of Monte Vista, Sunset Ridge, Diamond Ridge and Diamond Canyon areas. Subsequent to this proposal, Council requested consideration of the area that lies within the Pathfinder westerly City limits to SR 60 on the easterly side and Brea Canyon Cutoff past Colima Rd. to SR60 on the westerly side. This area includes older homes, the Royal Vista Golf Course and some commercial properties in the vicinity of Colima Rd. and Brea Canyon Cutoff/Fairway Dr. That particular annexation, compared to the originally -evaluated annexation proposal, tends to be more problematic from a cost benefit analysis and from a desirability point of view. The unincorporated open areas owned primarily by Shell Oil on both the west side and the east side of the SR 57 lie, in the case of the area west of the SR 57, in the SEA 15 and outside any identified sphere of influence area. The area located on the easterly side of the SR 57 is within the City's sphere of influence area. As a general rule, before the City can consider annexing a piece of property, it must first have that property placed in its sphere of influence, which can be accomplished simultaneous with the application for annexation. Within Council Member's FEBRUARY 1, 2000 PAGE 2 COUNCIL STUDY SESSION packets is a summary of the cost/benefit analysis as well as a number of identified tracts that are included within the areas that have been analyzed. The document sets forth estimates of revenue sources such as property tax, state subventions, general retail sales, and an estimate of transient occupancy tax. Retail sales and transient occupancy are estimates based upon the present generation per capita. Indicated expenditures are related to routine maintenance activities in the public areas. Based upon prime per capita estimated share, law enforcement would be expanded to accommodate the larger population and larger land areas estimated to be about $251,000 annually. It is likely that the law enforcement for the gated private communities would be negligible. Estimates for recreation and general administrative services are $50,000. Based upon these numbers, it is estimated that there would be net revenue of $80,000. M/O'Connor asked if Diamond Canyon, Diamond Ridge, Monte Vista and Sunset Ridge are located within the Walnut School District. CM/Belanger explained that everything north of Pathfinder Road is in the Rowland School District. CM/Belanger recapped the presentation. He stated that from staffs point of view, it is imperative that Council evaluate the probabilities to what extent, if any, there is a strong community relationship between the communities that are targeted for annexation and the general D.B. population that exists today. In addition, the matter of public infrastructure should be considered and whether the City can, at best, break even in taking on the maintenance of older infrastructures without being able to generate revenues to pay for ongoing maintenance. In response to M/O'Connor, CM/Belanger stated that the City's General Plan does not encompass the area under consideration because it is not within the City's sphere of influence. The General Plan is amended at the discretion of Council. The people residing within the area being considered for annexation would have the authority to determine whether or not they wished to be annexed by majority rule through petition. In response to C/Chang, CM/Belanger indicated that there is no low income housing within the proposed area. DCM/DeStefano stated that there is one senior apartment complex close to the intersection of Fairway Dr. and Colima Rd. M/O'Connor asked about the likelihood of D.B. being able to annex the three housing developments of Diamond Canyon, Monte Vista and Diamond Ridge. CM/Belanger stated that when the City first incorporated, it attempted to add that general area, to no avail. Short of making application, it is difficult to ascertain the probable outcome. FEBRUARY 1, 2000 PAGE 3 COUNCIL STUDY SESSION C/Huff said he would like staff to bring back information that includes more detail of the Shell property and more detail involving what law enforcement requirements would be to service the area if it was brought into the City. Further, he requested that staff identify the school district jurisdiction in the area of the Shell property. C/Herrera said she would like the City to begin efforts with Shell Oil to get that property zoned. M/O'Connor stated that, at the request of C/Huff, staff will look into the Shell property, what school district that property would be in and provide details for law enforcement in that area and the City's sphere of influence. CM/Belanger stated that the ultimate question that should be considered by the Council is "Why do you want to annex?" In response to M/O'Connor, CM/Belanger indicated that staff will have the requested information available for the March 7, 2000 Study Session. ADJOURNMENT: There being no further business to conduct, M/O'Connor adjourned the Study Session at 6:00 p.m. to Closed Session. ATTEST: Mayor LYNDA BURGESS, City Clerk 4P MINUTES OF THE CITY COUNCIL,► REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 1, 2000 STUDY SESSION: Called to order at 5:03 p.m., Room CC -2, South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar. DISCUSSION OF ANNEXATION PROCESS AND PRELIMINARY COST -BENEFIT ANALYSIS. Present: Council Members Chang, Herrera, Huff, MPT/Ansari and Mayor O'Connor 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; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk; Keliee Fritzal, Assistant to the City Manager; Ann Lungu, Associate Planner; Rose Manela, Assistant Engineer; Sonya Joe, Development Services Assistant, and Teresa Montgomery, Communications & Marketing Coordinator. Study Session adjourned at 6:00 p.m. to Closed Session. CLOSED SESSION: 6:00 p.m., Room CC -2, South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar. Conference with Legal Counsel - Existing Litigation, Government Code Section 54954.5: Barbara Beach-Courchesne, et al vs. City of Diamond Bar. Present: Council Members Chang, Herrera, Huff, MPT/Ansari and M/O'Connor. 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; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. Closed Session adjourned at 6:30 p.m. to the Regular City Council Meeting. 2. CALL TO ORDER: Mayor O'Connor called the regular City Council meeting to order at 6:30 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Chang, Herrera, Huff, Mayor Pro Tem Ansari and Mayor O'Connor. FEBRUARY 1, 2000 PAGE 2 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; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. CM/Belanger reported that during the Study Session, Council, staff and interested members of the public took part in a discussion regarding an annexation process and preliminary cost -benefit analysis. Council directed staff to provide an amended annexation report for consideration on March 7, 2000. CA/Jenkins stated that, during Closed Session, Council discussed a matter of pending litigation, which is currently on appeal in the California Court of Appeals. The case is identified in tonight's agenda and no reportable actions were taken. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cub Scout Pack 737, Den 1 and the National Anthem was played by the Diamond Bar High School Band. INVOCATION: The Invocation was given by Ron Rose, Pastor, Calvary Chapel, 22324 Golden Springs Dr., Diamond Bar. APPROVAL OF AGENDA: As presented. 3.A SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1. Presented City Tiles and Certificates to Diamond Bar High School CIF Champions and Diamond Bar High School Band. 3.6 CITY MANAGER REPORTS AND RECOMMENDATIONS: 3.B.1. CM/Belanger reported that, with respect to the State's proposed scope change to the Lanterman Expansion Project, the State, on January 21, 2000, sent a revision to their 20 -day letter which will result in the matter being considered by the State Legislative Budget Committee. This matter is slated to be considered by the State's Public Works Board on February 18, 2000 in Sacramento. The City's Attorney has made several Public Records Act requests related to the two letters that were presented to the City. Staff learned today that the attorney has received a response to the Public Records Act request and the response appears to be significant. The information is currently being analyzed by the City's Special Counsel. The Lanterman subcommittee was to have met on Monday, January 31 and instead continued that meeting to Monday, February 7, 2000 at 7:00 p.m. at the SCAQMD Headquarters Building. FEBRUARY 1, 2000 4. PUBLIC COMMENTS: item entitled "City Manager Council's agenda. PAGE 3 Martha Bruske recommended that the agenda Reports and Recommendations" be taken off the Reverend Mike Scheunemeyer, Pastor, D.B. Congregational Church United Church of Christ asked Council to take action to encourage the community to become educated on Proposition 22 and how similar measures have been used in other states to retract rights from domestic partners. His Church will host study forums on February 9 and February 16. Materials will present a neutral view of the Proposition. He expressed opposition to Proposition 22 and invited the public to join in the opposition. Wally Lyman said that it is apparent that the City has not won anything in its battle with Lanterman. He was told that the City has spent $400,000 on attorney's fees and asked if this information is correct. He asked what happened to the 3- dimensional model for which the City paid $10,000. He also expressed concern about MTBE additive polluting the City's water system. Dick Farrell stated that Council Members and citizens have spent a great deal of time and effort in fighting the Lanterman project. Lanterman is proposing another plan that has been in the works for some time and the community needs to continue fighting the issue. Darla Farrell said she is concerned about the community's lack of knowledge regarding the Lanterman issue. It is appalling to her that legislators believe that the project is finished. Sue Sisk stated that community members have spent a great deal of time addressing the Lanterman issue and the community needs the support of the Council. She asked Council to commit to communicate timely, accurate information to the community regarding task force meetings as well as, accurate and timely information about what the State is doing and proposing to do at Lanterman. She also asked Council to provide information regarding the horns and sirens at Lanterman. Irene Kim, 24231 Softwind Dr., stated that Lanterman tests its horns/alarms on the first day of each month as well as every Friday at 12:00 noon. Twice a year, the facility holds a disaster drill and the horns are sounded. In the past three and one- half years, the alarm was sounded once because a client left the center and was later found on Valley Blvd. If a client should leave the premises, after 30 minutes the police are notified and the alarm will go off. Mary Matson felt that the City lacks the ability to deal with the Lanterman Expansion issue and that the community is being misled. She asked Council to take action to help the community stop the project. FEBRUARY 1, 2000 PAGE 4 Gladys Crittenden thanked Ms. Kim for explaining the alarm testing process. She asked why Sue Sisk is the only person who can tell her what is happening at the facility. Marie Buckland said she is concerned about what is happening at Lanterman and the Council's representation on behalf of the public. Wayne Yada urged Council to maintain pressure to stop the Lanterman Expansion Project. It does not appear that the State wants to build partnerships with the communities. Don Gravdahl said that while petitioning for signatures last Saturday, he was shocked to learn that the general public thought the Lanterman issue was dead. It is up to Council to accurately inform the public. Jeff Koontz, Executive Director, D.B. Chamber of Commerce, stated that on February 25 at 7:30 a.m., an Eggs and Issues Breakfast session will be held at the Holiday Inn Select. The speaker will be Assembly Member Pacheco. The cost of admission is $15. The public is invited to attend. CM/Belanger responded to Wally Lyman that the City's water purveyor is the Walnut Valley Water District. Staff will confirm that the District gets its water from the Colorado River and from the State Water Project and provide the information to Council at its February 15 meeting. C/Herrera reported that she is also concerned that D.B. continues to not get the truth from the State regarding Lanterman. The City has repeatedly asked the State via the Department of Developmental Services Department of General Services, to get information on what the State is proposing for its new project and there has been no response. Clifford Allenby made promises and commitments to her that he would come to D.B. to meet with her to talk about the new project that he was going to propose. He did not say that he would meet with community members. He said he would meet with her prior to submitting the new project to the State. He failed to keep that promise along with many other promises he made to her. It is now evident that the State has no intention of being honest and forthright with the citizens of D.B. The State wants to keep the City in the dark and continue to plan whatever it is they are going to plan in spite of the questions asked and the concerns expressed and in spite of the lawsuit that the City filed. On September 17, the City had a victory in that the State rescinded its project. But what the State then did was to initiate a new project. The City does not know what the State's process will be. The City continues to ask questions of the State. The City's Attorney continues to access information through the Public Records Act. The City will continue to be alert and aggressive in the pursuit of the truth. As soon as information becomes available, Council will share that information with the citizens. FEBRUARY 1, 2000 PAGE 5 C/Huff stated that Council shares the community's frustration with respect to the Lanterman issue and it is even more frustrating to have the public attack the Council. The Council has committed a lot of the City's resources to fighting this matter_ On the one hand, the public is saying the City is not doing enough and on the other hand, the City is being asked where it has been spending its money. It takes resources to fight the State. Putting a stop to the State's progress was an historic event. However, the City must remain vigilant. Although the City has won one battle, it is not the end of the war - it is an ongoing thing that requires a great deal of commitment. He acknowledged that Sue Sisk is the point person for information. The Lanterman matter is one of many priorities set forth by the Council. He asked the residents to please bear with the Council through its efforts to obtain information through Counsel. The City does not have information regarding the new project proposed by the State. Until responsible and accurate information is obtained, it is difficult for the City to prepare a focused response. He encouraged residents to continue working with the Council to defeat the Lanterman project. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - February 8, 2000 - 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.2 COMPLETE COUNT COMMITTEE MEETING - February 9, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.3 TRAFFIC & TRANSPORTATION COMMISSION - February 10, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - February 15, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 PLANNING COMMISSION - February 22, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.6 PARKS & RECREATION COMMISSION - February 24, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.7 CENSUS TOWN HALL MEETING - February 26, 2000 - 9:00 a.m. to 12:00 noon, SCAQMD Auditorium, 21865 E. Copley Dr. 5.8 JOINT COUNCIL/WVUSD BOARD MEETING - March 8, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Huff moved, MPT/Ansari seconded, to approve the Consent Calendar, with the exception of Item No. 6.11. Motion carried by the following Roll vote with MPT/Ansari abstaining from approval of Item No. 6:10: FEBRUARY 1, 2000 PAGE 6 AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of December 14, 1999. 6.2 APPROVED VOUCHER REGISTER - dated February 1, 2000 in the amount of $2,279,413.79. M/O'Connor abstained from approval of the following voucher register items due to potential conflict of interest related to the Lanterman Developmental Center's Proposed Forensic Confinement Compound Project: P.O. 9260 for $70 and P.O. 9463 for $20,993.87. 6.3 REVIEWED AND APPROVED TREASURER'S STATEMENT -for December, 1999. 6.4 APPROVED NOTICE OF COMPLETION FOR THE GOLDEN SPRINGS DRIVE REHABILITATION PROJECT BETWEEN GRAND AVENUE AND TORITO LANE - Accepted the work performed by Excel Paving Co. and authorized the City Clerk to file the Notice of Completion and release any retention amounts thirty-five days after the recordation date. 6.5 APPROVED EXONERATION OF BONDS FOR WILLIAM LYON COMPANY FOR GRADING PERMIT BONDS AND FAITHFUL PERFORMANCE BONDS FOR TRACT Nos. 45268, 43760 and 44825: a) Grading Permit Bond in the amount of $54,400 for Tract No. 45268, b) Grading Permit Bond in the amount of $415,800 for Tract No. 43760, c) Faithful Performance Bond for installation of park sewer line and connection improvements/parkway entry sign in the amount of $15,000 and d) directed the City Clerk to notify the owner and surety of these actions. 6.6 (a) APPROVED AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR ADDITIONAL SERVICES IN PROCESSING TRACT MAP NO. 51169 (HORIZON PACIFIC MITIGATION MONITORING) - in the amount of $3,540. (b) APPROVED AMENDMENT NO.2 TO A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR ADDITIONAL SERVICES IN PROCESSING TRACT MAP NO. 32400 (STANDARD PACIFIC MITIGATION MONITORING) - in the amount of $7,890. 6.7 APPROVED A CONSULTING SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR ON-CALL ENVIRONMENTAL PLAN CHECKING AND INSPECTION SERVICES - in the amount of $5,000. FEBRUARY 1, 2000 PAGE 7 6.8 ADOPTED RESOLUTION NO. 91-72F: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72E PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON CITY FUNDS - adding the Mayor Pro Tem as an additional signer. 6.9 APPROVED SECOND READING OF ORDINANCE NO. 01(2000): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADDING NEW CHAPTER 5.09 ADOPTING BY REFERENCE CHAPTER 7.16 OF TITLE 7 OF THE LOS ANGELES COUNTY CODE PERTAINING TO AMBULANCES OF THE DIAMOND BAR COUNTY CODE. 6.10 APPROVED MINUTES: (MPT/Ansari abstained from approval) 6.10.1 Study Session of January 18, 2000 - As submitted. 6.10.2 Regular Meeting of January 18, 2000 - As submitted MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.11 RESOLUTION NO. 2000-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING PROPOSITION 15, THE HERTZBERG-POLANCO FORENSIC CRIME LABORATORIES CONSTRUCTION BOND ACT. After viewing a videotape presenting the facts of Proposition 15, Sheriff Captain Richard Martinez explained that the $32 million balance of funds necessary to build the crime lab would come from the County and through the Sheriff Department's budget, which would have no negative impact on D.B. C/Herrera moved, C/Chang seconded, to adopt Resolution No. 2000-6: A Resolution of the City Council of the City of Diamond Bar supporting Proposition 15, the Hertzberg-Polanco Forensic Crime Laboratories Construction Bond Act. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 2000-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING FEES PERTAINING TO AMBULANCE LICENSING. FEBRUARY 1, 2000 PAGE 8 M/O'Connor opened the Public Hearing. Martha Bruske asked if the City is concerned about noise abatement for sirens and whether the ambulances can park on city streets and wait for calls. Jeff Koontz, Executive Director of the Chamber of Commerce, stated that Emergency Ambulance Service is a member of the Chamber of Commerce. Their only concern is that the fees be revenue neutral and that the fees that they pay to the County of Los Angeles would not be re -assessed by the City once this ordinance is changed over. With respect to questions posed by Martha Bruske, the Emergency Ambulance Service location is at the Walnut Pools building, which is also occupied by the Chamber of Commerce. The service is under a restriction to use limited sirens to get in and out of the City. He has observed a lack of courtesy on the part of the City's motorists when the ambulance has its lights flashing and is attempting to gain access to Golden Springs Dr. He believed that if people would allow the ambulance access to City streets, there would be less use of the sirens. There being no further testimony offered, M/O'Connor closed the Public Hearing. CM/Belanger reiterated that the dispatch location for Emergency Ambulance Service is the Walnut Pools building. The service has procedures for essential use of sirens and lights. There is no provision in the City's code that would prevent ambulances from being parked on city streets. This resolution provides a policy for ambulances in the City that reflects the policy of the County and there is only one charge, which is made to the person receiving the service. The City does not receive any revenue from this service. M/O'Connor asked that "by" be corrected to "in" under A. 3. to wit: "The City Council desires to adjust the rates and charges and to implement new rates, fees and charges for ambulance services provided in the City of Diamond Bar." She also asked that under 4. C. in Exhibit A., "Los Angeles County' be added to wit: "The ambulance operator shall file with the County of Los Angeles Director of Department and Health Services, etc." She further requested that "Board" be changed to "City Council" on Page 5 in the last sentence before D. to wit: "Such rates shall not be charged patients until approved by the City Council." MPT/Ansari asked whether the patient or the insurance provider is billed and whether the ambulance service bills in a timely fashion. She also asked if the ambulances carry a youth tracheotomy kit. FEBRUARY 1, 2000 PAGE 9 CM/Belanger responded that staff would provide an answer to MPT/Ansari's questions as soon as the information becomes available. MPT/Ansari moved, C/Huff seconded, to adopt Resolution No. 2000-07: A Resolution of the City Council of the City of Diamond Bar adopting fees pertaining to ambulance licensing. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: 8.1 SOLID WASTE RECYCLING COLLECTION - On January 4, 2000, Council requested additional information regarding its decision-making options and instructed staff to prepare draft bid specifications (i.e., a Request for Proposal) for a contractor to solely provide integrated waste management services within the City. Four pathways have been identified for consideration: (a) Stay with the open -permit system; (2) negotiate with one or more haulers to implement a single -service provider; (3) negotiations failing, proceed with an open bid process to select a single -service provider; or (4) proceed directly with an open bidding process to select a single - service provider. Red Calkins did not understand why the City is going to ask for one hauler to do the job. He felt that selection of a hauler should go out to bid. Mike Dye, Universal Waste Systems, Pomona, said that whatever the outcome of the Council's decision, Universal Waste Systems would like to be a part of servicing the community. His company prefers an open and competitive bid process. In the commercial, industrial and multi -family, he believed that the City would benefit from having a non-exclusive franchise system. Ron Saldana, Executive Director, California Disposal Association, reiterated that CDA believes that competition is the best answer to solid waste collection for the residential and business community. If the Council decides to employ a single hauler for residential, he hoped that strong consideration will be given to multi -haulers for commercial under a permit system. Clyde Hennessee is concerned about the people in D.B. who have greenery and what will happen if the barrel capacity is reduced. FEBRUARY 1, 2000 PAGE 10 Dave Reynolds, resident and D.B. Improvement Association liaison on Solid Waste Issues, said that it is his understanding from the recently passed ordinance that the baseline for the trash barrel is 64 gallons and the green waste barrel can be 100 gallons or whatever is requested to meet the needs of the resident. The idea behind a variable rate system is to provide an incentive for people to place items in recycling and green waste containers, reduce waste and lower the cost. Therefore, he believed the matter of capacity of green waste accommodation is a non -issue. The City is considering a three -barrel system that would require three trucks and, therefore, he strongly supported a one -hauler system for single family residential. He was concerned about how the five-year cancellation would affect the proposal. He strongly supported open competition in the commercial sector. Don Gravdahl expressed concern about where the green waste for multi- family residential goes. He was very disheartened with the City Attorney's determination regarding the five-year cancellation notice to the recent hauler. He preferred that the City go directly to bid for one carrier. However, in light of the five year cancellation, he recommended that Council continue with the City's present permit system and immediately issue the five year cancellation notice to Waste Management. Dean Ruffridge, Waste Management, thanked Council for the opportunity to participate in the City's program and congratulated Council on its due diligence in considering this matter. He believed that Waste Management is the best company to work with the City toward reaching its recycling mandates. He explained why he favored Option #2 contained within staffs recommendation to Council. He guaranteed that the City will attain its 50°x6 diversion goal using the services of Waste Management. MPT/Ansari asked how many commercial haulers service the City, to which CM/Belanger responded that there are three and the City does not receive a franchise fee from any of the three. MPT/Ansari stated that she would like to see the commercial hauling go out to bid. The City collects an AB939 Administration Fee of 35 cents per customer per month. MPT/Ansari expressed concern about getting the best rates for the citizens of D.B. and that she was concerned about air quality compliance. CM/Belanger stated that the bid package and/or contract could include the anticipated need for alternative fuel vehicles. M/O'Connor responded to Clyde Hennessee that on Page 7 of the RFP under B. Single Family Residential Sector, it states that "additional yard waste and recyclables containers shall be supplied at no extra charge to FEBRUARY 1, 2000 PAGE 11 residents so as to encourage diversion." WO'Connor said she is also concerned about the five year cancellation. C/Chang asked Dean Ruffridge if the rates would change or remain the same. Mr. Ruffridge responded that Waste Management has not been asked to provide a rate to the City. Waste Management needs to know what the City wants before a rate can be provided. Waste Management is prepared to respond to a request for rate within the next few weeks. MPT/Ansari asked Mr. Ruffridge how much more Waste Management charges cities that require alternative fuel vehicles. Mr. Ruffridge stated that Waste Management has been able to obtain grants from various sources. Where alternative fuel vehicles are utilized, it does not cost the ratepayer any additional amount. C/Huff believed it was commendable that Waste Management has taken a leadership role in converting to alternative fuel vehicles. SCAQMD is stepping up its restriction of diesel fuel. He pointed out that as mandates are invoked, much sought after grant monies will become less available. As a result, additional costs may be passed along to the provider. He did not believe that these mandates need to be written into the City's permit process. The companies will comply with the SCAQMD rules. The Task Force recommended a single provider and a three -barrel system. The City has enjoyed a good relationship with Waste Management and he would expect that to continue. However, in order for the residents to appreciate that the Council has represented them in the best manner, he felt that it is important for the City to go out to an open bid system. Tommy Ouzoonian, Athens Services, explained that his firm has experimented with alternative fuel vehicles and found them to be expensive and lacking in up-to-date technology. There are no alternative fuel vehicles on the street at this time. Mike Dye, Universal Disposal reported that his firm is looking into alternative fuel systems. CA/Jenkins explained that any franchise the City enters would have to have a provision that the hauler would be in compliance with all City, State and Federal laws. It does not mean that the City must impose any particular requirements in the franchise at this time. FEBRUARY 1, 2000 PAGE 12 M/O'Connor pointed out that, with the City's current permit system, there are a total of eight trucks per week on the City's streets. CM/Belanger responded to C/Herrera that specifications for customer service complaint handling is spelled out in the Draft Agreement on Page 10 (Service Complaints). C/Herrera believed the City should do everything possible to protect the residents and to make certain that their complaints receive the proper response. C/Chang moved, C/Huff seconded, to direct staff to issue bid specifications and collect open bids for issuance of a single -hauler contract for all solid waste collected within the City to the most qualified bidder. M/O'Connor moved to amend the motion to direct staff to send a 5 -year letter of discontinuation. C/Chang agreed to amend his motion and C/Huff seconded the amendment. Amended Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: 9.1 ESTABLISHMENT OF COORDINATING COUNCIL FOR COMMUNITY EVENTS — Currently, City news is published in various media. It is not known whether the information is reaching the community to any significant extent. The proposed Coordinating Council assembles key people already plugged into various groups, who can deliver information to their groups, furthering the effectiveness of communications. In addition, the members can help the City understand their unique needs, and get their messages and events publicized for the enjoyment and benefit of the rest of the community. A community calendar compiled from the various events articulated through the Coordinating Council would be published on the City's web page. The City's web page could provide links to websites these organizations may have, in addition to perhaps providing City web page space for these entities to help them reach and communicate with their membership. Martha Bruske said she is concerned about using the name "Council" in the title of the group. She believed that Council needs to communicate on a one to one basis with the residents and not with groups and committees. She FEBRUARY 1, 2000 PAGE 13 opposed Establishment of a Coordinating Council for Community Events as it is written. Jeff Koontz, D.B. Chamber of Commerce, believed the Council is moving in the right direction by forming this entity. He concurred with Martha Bruske that residents and community groups need to have advanced information regarding issues that are being brought forward for discussion in order to formulate opinions and present views to the City Council. MPT/Ansari moved, C/Chang seconded, to form a Community Coordinating Committee. M/O'Connor recommended that members of the Council be designated to serve on the Committee. MPT/Ansari agreed to the amendment and recommended that M/O'Connor and C/Huff be appointed. C/Chang agreed to the amended motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 RESOLUTION NO. 2000-08: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RECOGNIZING THE IMPORTANCE OF THE DECENNIAL CENSUS IN THE YEAR 2000 AND FORMING A COMPLETE COUNT COMMITTEE TO SUPPORT AND ENCOURAGE PARTICIPATION - The Decennial Census will be taken in the year 2000. It is important that as complete a count of people in the U.S., generally, and the City of D.B. particularly, be accomplished. To this end, the City is establishing a Complete Count Committee to support, encourage and facilitate complete participation of D.B. residents in the Census. The City has, and will continue to market, inform and educate the community through the use of several media: City website; community bulletin boards; print advertisement; CATV advertisement; a -news; press releases; news stories (Mayor's Corner, etc.); public meetings (e.g., Town Hall). The Complete Count Committee will provide for coordinating of numerous community groups and organizations in efforts to encourage people living in D.B. to participate in Census 2000. The City will also be applying for federal funds to assist in covering the costs of the Complete Count Committee's activities. Dr. Lary Rhodes encouraged everyone residing in D.B. to participate in the census count. FEBRUARY 1, 2000 PAGE 14 MPT/Ansari moved, C/Chang seconded, to adopt Resolution No. 2000-08: A Resolution of the City Council of the City of Diamond Bar recognizing the importance of the Decennial Census in the Year 2000 and forming a Complete Count Committee to support and encourage participation. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City Council Meeting to the Redevelopment Agency at 9:50 p.m. RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City Council Meeting at 9:55 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Herrera addressed earlier comments regarding the community's concerns regarding Lanterman and the perception that this Council does not have a commitment to opposing this project or any project that would compromise the safety of the residents. It was this Council that played a very large part in securing the State's rescission on September 17, 1999. The Council worked diligently to obtain participation from the citizens in D.B. as well as resident and City Council participation from other communities. The State has started a new project and this Council will continue to fight against this project. In spite of commitments to the contrary made by Clifford Allenby, she and the Council have been excluded from the process. There is some evidence that the State may have caused the City of D.B. additional monies by obstructing its efforts. C/Chang stated that on January 20, he and M/O'Connor addressed the community on the State of the City. He thanked the residents, Chamber of Commerce and St. Denis for the participation. On January 21, most of the Council Members attended the Chamber's Grand Opening ceremonies for Orien Pagan's new tax and accounting office. On January 26, the Census 2000 committee met to discuss the game plan for encouraging every D.B. individual to participate in this important event. Also on January 26, most Council Members attended the dinner for all elected officials in Supervisor Knabe's District. On January 29, he and C/Huff attended the Asian/American Expo, which was held at the Pomona Fair Grounds. C/Huff, on behalf of the City Council, presented a certificate to the exposition. On January 31, he spoke with Universal Waste and Athens Service regarding tonight's agenda item. Also on January 31, he attended the Four Comers meeting along with C/Huff, Chairman of the committee. He echoed Council Member Herrera's comments regarding Lanterman. He asked the community to remain united in their efforts to continue fighting Lanterman's expansion plans. FEBRUARY 1, 2000 PAGE 15 C/Huff reported on the status of the Four Comers Committee whose main concern is traffic mitigation. He expressed concern about Lanterman Task Force committee members not being notified that the meeting was adjourned. CM/Belanger responded that he failed to post the customary meeting cancellation notification on the door for those who had not been notified of the cancellation. C/Huff reported on the progressing technology of alternative fuels as specified under SCAQMD's Rule 1190. MPT/Ansari reported on her attendance at last Wednesday's Regional Water Board meeting. It was not a good day for cities. Last Thursday, she attended the CLOUT meeting. This morning she and C/Herrera met with the D.B. Senior Citizen's Club to discuss their concerns. With respect to Lanterman, she stated that she used the word "disturbed" and not "devastated" when speaking to one of D.B.'s concerned citizens. Although only two Council Members sit on the Task Force, all Council Members are equally concerned about this issue. She asked that the Council consider placing a memorial to all of the residents who have served in the military at Heritage Park and hold an annual ceremony in their honor. M/O'Connor stated that on January 19, the Economic Development Subcommittee met. She asked that with respect to Economic Development, that a letter be written to Ralph's Market asking for them to meet with the Economic Development Subcommittee to discuss plans for their location in the Country Hills Towne Center. On January 20, she and C/Chang spoke about the State of the City and addressed the Lanterman issue. Also on that day, the Solid Waste Subcommittee (she and C/Huff) previewed the RFP that was discussed and voted upon this evening. She attended Orien Pagan's grand opening. On January 25, she attended the Walnut Valley Rotary Breakfast and heard Congressman Miller speak on issues coming before cities from the Federal Government. She attended the Pomona Unified School District Board meeting that evening and spoke about the City's China exchange trip. She requested that they appoint their subcommittee members for the joint PUSD/City Council subcommittee meeting. She also indicated that Council would like to have a tour of the Diamond Ranch High School. On January 26, the Census 2000 subcommittee met. The City has a staff coordinator and a great deal of public outreach has been accomplished. The subcommittee will work toward 100% response. She attended the Sanitation District meeting and the Knabe Millennium Celebration for all local elected officials. On January 27, the Anniversary Celebration Committee met. The event will be held on Sunday, April 9, 2000. She encouraged groups to participate in the event. The Chamber of Commerce, along with Pacific Crest Drum and Bugle Corps, will hold its Casino Night fund-raiser on Saturday, April 8. On January 28, the Finance Committee met to peruse the Warrant Register. On January 28, she gave Cub Scout Pack 737, Den 1 a tour of City Hall and answered their questions. As part of her outreach program as Mayor, she has been attending many meetings. On Monday, she met with Chinese Association President George Kuo to impart information about what FEBRUARY 1, 2000 PAGE 16 is occurring in the City. Today, she donated blood during the Walnut Sheriff Station's Blood Drive. She encouraged all citizens who are able to do so to give blood. During the flu epidemic, blood bank supplies have diminished. She asked staff to provide a report to Council regarding the proposed proposition regarding libraries as well as any other propositions that might be important to the City. It is Girl Scout Cookie time and she asked residents to participate in this fund-raising activity. She wished the Chinese community members a Happy New Year and everyone a happy Valentine's Day. 12. ADJOURNMENT: There being no further business to conduct, M/O'Connor adjourned the meeting at 10:38 p.m. in memory of John A. Rowland IV and in memory of the passengers of Alaska Airlines Flight 261. 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 NOVEMBER 18, 1999 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:03 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Finnerty. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Yvonne Pruitt, and Commissioners Patty Anis, Annette Finnerty and Karen Holder. Staff: Bob Rose, Director of Community Services; Wendy Bowman, Recreation Supervisor and Marsha Roa, Community Services Assistant. MATTERS FROM THE AUDIENCE: Richard Toombs referred the Commission to a November Metro article which pointed out how many stray dogs are located in the County. He asked the Commission to consider recommending that the City Council designate an area of a city park for dogs. CSD/Rose responded to C/Finnerty that the City's Parks Master Plan includes consideration of a pooch park under "special facilities". No location is identified. CALENDAR OF EVENTS: Friday, November 19, 1999 - Skate Park Informational Meeting - 6:00 p.m. - 9:00 p.m. - SCAQMD Building. Saturday, November 20, 1999 - Adult Excursion, "Windmills & Wineries" - $40 pp - Departs 8:00 a.m. - Returns 7:00 p.m. from City Hall NOVEMBER 18, 1999 PAGE 2 PARKS & RECREATION Tuesday, November 23, 1999 - City Council Meeting - 6:30 p.m., SCAQMD Auditorium (Skate Park Consideration) Thursday, December 4, 1999 - Senior Excursion, Christmas Is..."/$26pp - Departs 11:45 a.m. - Returns 5:15 p.m. from Heritage Park Community Center Tuesday, December 7, 1999 - City Council Meeting - 6:30 p.m., SCAQMD Auditorium (Community Center Fiscal Analysis Presentation) Wednesday, December 8, 1999 - Thursday, December 9, 1999 Friday, December 10, 1999 Senior Excursion, "Palm Springs Follies"/$43pp - Departs 9:00 a.m. - Returns 6:00 p.m. from Heritage Park Community Center 11`h Birthday Celebration Committee Meeting - 8:30 a.m. - City Hall Conference Room A Adult Excursion, "Radio City Music Hall Rockettes"/$55pp - Departs 11:30 a.m. - Returns 6:30 p.m. from City Hall. Thursday, December 16, 1999 - Parks and Recreation Commission Meeting - 7:00 p.m., SCAQMD Hearing Board Room Tuesday, December 21, 1999 - City Council Meeting - 6:30 p.m., SCAQMD Auditorium 1. CONSENT CALENDAR: 1.1 Approval of Minutes of October 28, 1999 Regular Meeting. C/Finnerty moved, C/Anis seconded, to approve the minutes of October 28, 1999 as corrected. Motion carried 5-0 by Roll Call vote. 2. INFORMATIONAL ITEMS: 2.1 Recreation Update: RS/Bowman presented the recreation update for NOVEMBER 18, 1999 PAGE 3 PARKS & RECREATION a. Youth Activities b. Tiny Tots C. Adult Sports d. Contract Classes e. Marketing Chair/Nolan said that he was approached by a gentleman who was willing to instruct a distance running contract class. RS/Bowman suggested that Chair/Nolan have the interested party contact Kim Crews, Contract Class Specialist. 2.2 Halloween Festival - Oral Report. CSD/Rose reported that the Halloween Festival was a huge success. He thanked C/Holder for her time and effort toward its success. The event attracted about 2,000 people, with 800 participating in the haunted house event. He said he appreciated the fact that there was an extraordinarily large number of teenage volunteers who assisted with the event. C/Holder stated she was very pleased with the festival. 2.3 Millennium Celebration - Update - Oral Report. CSD/Rose reported that the event will be held at the Country Hills Towne Center. All of the originally planned elements will be included in the celebration. Promotion of the event is now under way. 3. OLD BUSINESS: 3.1 Transition to In -House Recreation Program - Update. CSD/Rose reported that preparations for this transition are going well. 4. NEW BUSINESS: None ANNOUNCEMENTS: C/Holder said she is taking a group to the 70's show tomorrow and will take another group in NOVEMBER 18, 1999 PAGE 4 PARKS & RECREATION January. C/Anis reported that she completed tours of Paul C. Grow and Maple Hill Parks. She wished everyone a Happy Thanksgiving. C/Finnerty said that the view of the new trees on Diamond Bar Boulevard and Grand Avenue is breathtaking, and that the field lights at Lorbeer Middle School are awesome. VC/Pruitt completed her walk through of Heritage Park a few days after the Halloween Festival. The park looked good. She passed along a citizen's concern regarding a tree that hangs over the basketball court. She asked if the basketball court and walkway could be better illuminated. CSD/Rose responded in order to install basketball court lighting, it would require a neighborhood meeting and approval by the City Council. The security light near the basketball court may be faulty and he will have it checked. VC/Pruitt asked if the City plans to redo the basketball court at Heritage Park- CSD/Rose said he will check on this matter as well. VC/Pruitt said she completed her walk through of Peterson Park. She pointed out that the handicapped parking sign in front of the restroom is loose and needs to be secured. Pop Warner Football has two bowl games on Thanksgiving weekend. She said she is looking forward to the holiday and she hopes everyone has a peaceful and joyful celebration. Chair/Nolan wished everyone a fantastic Thanksgiving and looks forward to seeing everyone on December 16. NOVEMBER 18, 1999 PAGE 5 PARKS & RECREATION ADJOURNMENT: GFinnerty moved, VC/Pruitt seconded, to adjourn the meeting. There being no other business to come before the Commission, Chairman Nolan adjourned the meeting at 9:20 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Dan Nolan Dan Nolan Chairman CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor O'Connor and Councilmember Herrera FROM: Linda G. Magnuson, Finance Director xM SUBJECT: Voucher Register, February 15, 2000 DATE: February 9, 2000 Attached is the Voucher Register dated February 15, 2000. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated February 15, 2000 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 145,373.24 199,901.78 345,275.02 011 COM ORGANIZATION SUPPORT 2,000.00 3,000.0O 5,000.0O 112 PROP A - TRANSIT FUND .00 13,562.76 13,562.76 118 AIR QLTY IMPR FD (AB2766) .00 102.35 102.35 125 COM DEV BLK GRANT FUND .00 36,743.99 36,743.99 126 CITIZENS OPT -PUBLIC SFTY .00 7,404.20 7,404.20 138 LLAD #38 FUND .00 9,522.53 9,522.53 139 LLAD #39 FUND .00 8,533.25 8,533.25 141 LLAD #41 FUND .00 139.34 139.34 250 CAPITAL IMPROV/PROJ FUND 15,000.00 118,157.13 133,157.13 510 SELF INSURANCE FUND .00 1,276.00 1,276.O0 REPORT FOR ALL FUNDS 398,343.33 162,373.24 560,716.57 APPROVED BY: Linda G. 11agnt'ASur, Finance Director Terrence L. Belanger City Manager � Deborah H. O'Connor Mayor OM4�414ILa_ ' _ Carol Herrera Councilmember RUN DATE: 02/09/2000 17:40:23 FUND/SECT-ACCT-PROJECT-ACCT 4 -CDN ENGINEERING INC 2505310-46415-15099-46415 A-1 EQUIPMENT RENTALS 0015310-42130-- 1255215-42130-- ADRIANA GARCIA 001-34780-- AIRTOUCH PAGING 126.4411 -42125 -- 0014440 -42125 -- 0014090 -42125 -- AJAX SIGN GRAPHICS 1NC 0" 140 0 -4!"200 -- AM ERICAN "20 i -- AMERICAN CLASSIC SANITATION 00 150,50-42354- - APPLEONE EMPLOYMENT SERVICES 0014040-44D00-- 0014040-44000-- ARMENTROUT CONSULTANTS 0::14440 -44040 -- PAGE: i AMOUNT 6,145.2`? .00 6.,145.29 6,145.29 175.00 56.82 .00 231.82 231.82 155.00 .00 155.00 155.00 165.38 79.96 336.10 .00 581.44 581.44 19.06 .00 19.06 19.06 858.42 .00 ,58.42 858.42 384.00 93.96 .00 477.96 477.96 1,385.21 .00 1,385.21 1,345.21 PREPAID DATE CHECK CITY OF DIAMOND BAR VOUCHER REGISTER DUE THRU: 02/15/2000 PO # INVOICE DESCRIPTION 4496 0911-9905 LIP PROJ-R REAGAN PY. TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR EQ RENTAL-FORK'''IFT 138844304 EO RNTL-SR.FOOD 1/27/00 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 34798 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 45894281115`. CELL CHRGS-SHERIFF'S 458942811159 CELL CHRGS-EOC 45¢942811154 CELL CHRGS-CM;CCNCL TOTAL PREPAIDS TOTAL VOUCHEPS TOTAL DUE VENDOR 92518 4182 PROF %CS -NAMEPLATES TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 9593 1/30!2000 PRTBL FACILTY SVCS-MILLNM TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 9601 3570677 TEMP SVCS-C/CLKK 1/18-21 9645 .'..754503 TEMP SVCS-C/CLK 01/24/00 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 8966 JAN SVCS EMERG PREP SVCS -JAN Oce TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: i AMOUNT 6,145.2`? .00 6.,145.29 6,145.29 175.00 56.82 .00 231.82 231.82 155.00 .00 155.00 155.00 165.38 79.96 336.10 .00 581.44 581.44 19.06 .00 19.06 19.06 858.42 .00 ,58.42 858.42 384.00 93.96 .00 477.96 477.96 1,385.21 .00 1,385.21 1,345.21 PREPAID DATE CHECK CITY OF DIAMOND EAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 2 DUE THRU: 02/15/2000 FUND/SECT-ACCT-PROJECT-ACCT AT&T 0014095 -42125 -- 0014090 -42125 -- 0014090 -42125 -- AZTEC TECHNOLOGY CORP 0015331-46250-- 0015313-4650-- E R DAY CONSTRUCTION, INC 2505510-46411-12198-46411 MICHAEL BRANDMAN ASSOCIATES INC 001 -23010 -- 001 -23010 -- 001 -23010 -- ESN SPORTS 0015350-41200-- 0015350-41200-- CALED 0615210 -4233+1 -- CALIFORNIA COACH AUTO BODY 0015210 -45213 -- CHARLES ABBOTT ASSOCIATES INC 0015510 -45522 -- 0015510 -45502 -- PO # INVOICE DESCRIPTION LNG DIST CHRGS-ECON DEV LNG DIST CHRGS LNG DIST CHRGS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL ICE VENDOR PREPAID AMOUNT DATE CHECK 34.33 94.6'2 1433. 15 .00 272.10 272.10 9531 16511/10 STORAGE CONTAINERS -SIC CY 178808.96 x+581 16511/10 STORAGE CONTAINER-HERITGE 2,421.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,310.51 TOTAL DUE VENDOR 4,310.51 8956 RETENTION PROF SVCS-AMESHRS DRAINGE 18,357.87 TOTAL PREPAIDS .00 TOTAL VOUCHERS 18,357.87 TOTAL DUE VENDOR 18,357.87 1299-4312-14 PROF. SVCS - FPL 94-25 1,183.14 1299-4312-14 PROF. SVCS - FPL 93-10 780.88 1299-4312-14 PROF. SVCS - FPL 93-06 1,177.60 TOTAL PREPAIDS •00 TOTAL VOUCHERS 3,141.62 TOTAL DUE VENDOR 3,141.62 90267262/254 SUPPLIES - RECREATION 58.13 90257262;254 SUPPLIES - RECREATION 87.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 145.88 TOTAL DUE VENDOR 145.88 ANNL ECON CONF-DESTEFAND 500.00 02/15/2000 35737 TOTAL PREPAIDS 500.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 500.00 250555-566 TOWING CHRGS-CODE ENFRCMT 479.50 02/15/2000 35721 TOTAL PREPAIDS 479.50 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 479.50 8964 049-526 RGHT OF WY -12112-12/25/99 382.13 8962 049-526 RD MAINT - 121'12-12/25/99 7,403.28 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7,785.41 TOTAL DUE VENDOR 7,725.41 DAY & NITE COPY CENTER 0015350-42110-- 9653 007 CITY OF DIAMOND RAR 747.51 RUN DATE: 02/09/2000 17'40:23 (ii�7 VOUCHER REGISTER PAGE' 3 2505.;10-46415-15500-46415 007 DUE THRU: 02/15/2000 476.30 TOTAL PREPAIDS PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK.. CHARTER W. GYMNASTICS, INC TOTAL DUE VENDOR 1,311.62 0015.'50-45300-- IST WNTR PROF SVCS -CLASS INSTRCTR 615.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 615.40 TOTAL DUE VENDOR 615.40 CINTAS CORPORATION 0015510-4130-- 9538 15027080'3 UNFRM'RNTL-WY 1/31 -PWS 13.50 0015310-42130-- 9036 150270803 UNFRM RNTL-WK 1/3.3/00 CS 14.52 0015510-42130-- 9538 150239475 UNFRM RNTL-WY 1/24-PWYS 8.50 0015310-42130-- 9036 150269475 UNFRM RNTL- WY 1/24/00 CS 14.52 TOTAL PREPAIDS .00 TOTAL VOUCHERS 51.04 TOTAL DUE VENDOR 51.04 COMMUNICATIONS CENTER 1264411-46250-- 9392A 171541 MISC ED -SPEED ALERT DISPL 5,676.41 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,676.41 TOTAL DUE VENDOR 5,676.41 CPRS 0015350-42340-- CPRS CONF-REC 3/15-18 1,672.00 02/15/2000 35722 TOTAL PREPAIDS 1,672.00 TOTAL VOUCHERS .00 TOTAL DOE VENDOR 17672.00 D Y J FOOTHILL ELECTRICAL CONTR INC 505310-46415-112'�t-4 415 9227 INSTALL LGHTS-LORBEER SCH 15,000.00 02/15%2000 35733 250`31{>-46415-112+8-46415 9227 INSTALL LGHTS-LORREER SCH 2,295.13 TOTAL PREPAIDS 15,000.00 TOTAL VOUCHERS 2,295.13 TOTAL DUE VENDOR. 17,295.13 DAY & NITE COPY CENTER 0015350-42110-- 9653 007 PRINTING SVCS-REC FLYERS 747.51 'SCi:310-46415-1550U-46415 (ii�7 PRNTING SVCS -SKATE PARK 87.75 2505.;10-46415-15500-46415 007 PRNTING SVCS -SKATE Pt'.. 476.30 TOTAL PREPAIDS .f0 TOTAL VOUCHERS 1,311.62 TOTAL DUE VENDOR 1,311.62 CORA'LON DE VERA 001-230022-- 50378 REFUND SCRTY DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 YAO DENG 001-34780-- 34846 RECREATION REFUND 43.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 43.00 TOTAL DUE VENDOR 43.00 DEPARTMENT OF TRANSPORTATION 0015510-45507-- 8973 151612 SGNL & LGHTING-NOV 99 943.05 0015510-45507-- 8973 151906 SGNL & LGHTING - DEC 99 1,224.21 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,167.26 TOTAL DUE VENDOR 2,167.26 DIAMOND BAR HIGH SCHOOL 0114010-42355-- 9669 SPONSORSHIP-D/B HIGH SCHL 1,500.00 TOTAL PREPAIDS (�0 TOTAL VOUCHERS 1,500.00 TOTAL DUE VENDOR 1,500.00 DIAMOND BAR INTERNATIONAL DELI 0014090-42:15-- 8877 7047 MTG SUPPLIES - THCA 1/24 76.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 76.20 TOTAL DUE VENDOR 76.20 DIAMOND BAR REDEVELOPMENT AGENCY 001-1:150-- RDA0215 ADVANCE TO RDA -02/15/2000 655.52 02;15/2000 ROA0215 RDA0215 ADVANCE TO RDA -02/15/2000 22,557.67 02/15/2000 RDA0215 TOTAL PREPAIDS 23,213.19 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 23,213.19 DIAMOND BAR/WALNUT YMCA 0114010-42355-- YMCA ANNL SUPPORT 2,000.00 02/15/2000 35728 1255215-42355-- U939 NOV/DEC CDBG PRGM-NDV/UEC CHLDCR 6,478.00 TOTAL PREPAIDS 2,000.00 TOTAL VOUCHERS 6,478.00 TOTAL DUE VENDOR 8,478.00 DIANA CHO & ASSOCIATES 1255215-44000-- 8938 JULY -DEC PROF SVCS-CDBG JULY-DEC99 4,070.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,070.00 TOTAL DUE VENDOR 4,070.00 DIVERSIFIED PARATRANSIT INC 1125553-45529-- 9077 D/RIDE - 11/01-11/15/99 12,153.03 1125==60-45310-- 9575 12/31;99 SHUTTLE SVCS-MILLENIUM 1,017.23 TOTAL PREPAIDS .00 TOTAL VOUCHERS 13,170.26 TOTAL DUE VENDOR 13,170.26 CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 4 DUE THRU: 02/15/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CAROL DENNIS 0014040-44000-- 9260 THCA0124 PROF SVCS-THCA 1/24 30.00 0015553-44000-- 9005 T&TO113 PROF SVCS -T & T MTG 1/13 180.00 0014040-44000-- 9260 DBCC0118 PROF SVCS-CNCL 1/18 210.00 TOTAL. PREPAIDS .CLQ TOTAL VOUCHERS 420.00 TOTAL DUE VENDOR 420.00 DEPARTMENT OF TRANSPORTATION 0015510-45507-- 8973 151612 SGNL & LGHTING-NOV 99 943.05 0015510-45507-- 8973 151906 SGNL & LGHTING - DEC 99 1,224.21 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,167.26 TOTAL DUE VENDOR 2,167.26 DIAMOND BAR HIGH SCHOOL 0114010-42355-- 9669 SPONSORSHIP-D/B HIGH SCHL 1,500.00 TOTAL PREPAIDS (�0 TOTAL VOUCHERS 1,500.00 TOTAL DUE VENDOR 1,500.00 DIAMOND BAR INTERNATIONAL DELI 0014090-42:15-- 8877 7047 MTG SUPPLIES - THCA 1/24 76.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 76.20 TOTAL DUE VENDOR 76.20 DIAMOND BAR REDEVELOPMENT AGENCY 001-1:150-- RDA0215 ADVANCE TO RDA -02/15/2000 655.52 02;15/2000 ROA0215 RDA0215 ADVANCE TO RDA -02/15/2000 22,557.67 02/15/2000 RDA0215 TOTAL PREPAIDS 23,213.19 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 23,213.19 DIAMOND BAR/WALNUT YMCA 0114010-42355-- YMCA ANNL SUPPORT 2,000.00 02/15/2000 35728 1255215-42355-- U939 NOV/DEC CDBG PRGM-NDV/UEC CHLDCR 6,478.00 TOTAL PREPAIDS 2,000.00 TOTAL VOUCHERS 6,478.00 TOTAL DUE VENDOR 8,478.00 DIANA CHO & ASSOCIATES 1255215-44000-- 8938 JULY -DEC PROF SVCS-CDBG JULY-DEC99 4,070.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,070.00 TOTAL DUE VENDOR 4,070.00 DIVERSIFIED PARATRANSIT INC 1125553-45529-- 9077 D/RIDE - 11/01-11/15/99 12,153.03 1125==60-45310-- 9575 12/31;99 SHUTTLE SVCS-MILLENIUM 1,017.23 TOTAL PREPAIDS .00 TOTAL VOUCHERS 13,170.26 TOTAL DUE VENDOR 13,170.26 CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 5 DUE THRU: 02/15/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK. DOG DEALERS, INC 0015350-45300-- 15T WNTR PROF SVCS-CLASS INSTRCTR 231.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 231.00 TOTAL DUE VENDOR 231.00 ECONOMICS RESEARCH ASSOCIATES 2505215-46420-13893-46420 9224 13258-3 PROF SVC-ECON ANALYSIS 2,772.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 2,772.00 TOTAL DUE VENDOR 2,772.00 ELAINE EMANUEL 001-23002-- 50?v'6 REFUND SCRTY DEP-HERITAGE 200.0+? TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 ERIC EVANS 0015350-45300-- IST WNTR PROF SVCS-CLASS INSTRCTR 182.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 182.00 TOTAL DUE VENDOR 182.00 FEDERAL EXPRESS 001-23011-- 782143891 EXPRESS MAIL - FER 96-002 16.86 0014090-42120-- 782143591 EXPRESS MAIL - GENERAL 27.16 0014090-42120-- 782174274 EXPRESS MAIL - GENERAL 29.68 TOTAL PREPAIDS •00 TOTAL VOUCHERS 73.70 TOTAL DUE VENDOR 73.70 FIRESTONE TIRE p, SERVICE CENTER 0015210-42200-- 6-82946-5 ' VEH MAINT-COMM DEV. 23.23 TOTAL PREPAIDS •00 TOTAL VOUCHERS 23.2.3 TOTAL DUE VENDOR 23.2= FOOD SYSTEMS INC. 0014090-42325-- 8875 17945 MTG SUPPLIES - CNCL 1/18 45.47 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4.5.47 TOTAL DUE VENDOR 45.47 FOOTHILL BUILDING MATERIALS INC 0014440-41200-- 9568 21410 EOC SUPPLIES - SAND BAGS 322.69 TOTAL PREPAIDS .00 TOTAL VOUCHERS 322.64 TOTAL DUE VENDOR 322.69 STAN GONTA 0015350-45300-- IST WNTR PROF SVCS-CLASS INSTRCTR 927.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 927.50 TOTAL IfJE VENDOR 927.50 CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 6 DUE THRU: 02/15/10+0 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK GRAND MOBIL 0015310-42310-- 7768 VEH MAINT-CAR POOL 115.42 0015310-4T310-- 7796 VEH MAINT-COMM SVCS 26.79 TOTAL PREPAIDS .00 TOTAL VOUCHERS 142.21 TOTAL DUE VENDOR 142.21 SHANNON GRIFFITHS 0015350-45300-- IST WNTR PROF SVCS -CLASS INSTPCTR 162.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 162.00 TOTAL DUE VENDOR 162.00 GTE CALIFORNIA 0015331-42125-- 9093960194 PH. SVCS - SYC CYN PARK 35.82 0014090-42125-- 9098603195 PH. SVCS - BLDG & SFTY 137.86 0015322-42125-- 9095949117 PH. SVCS - R REAGAN PK 76.68 0015316-44125-- 909^619227 PH. SVCS - MAPLE HLL PK 76.58 0014040-42125-- 9098600368 PH. SVCS - MODEM C/CLK 53.63 1185098-42145-- 909:3964035 PH. SVCS - BBS MODEM 102.35 PROF TOTAL PREPAIDS - INSPECTION 127.50 0015551-45223-- .00 39791 TOTAL VOUCHERS SVCS - PLAN CHECK 127.50 482.92 9493 TOTAL DUE VENDOR PROF SVCS 482.92 HALL & FOREMAN,INC 001-23013-- 38.00 39870 PROF SVCS - EN 99-459 820.00 0015510-45227-- 9546 39622 PROF SVCS -INSPECTION 795.90 0015510-4527-- 9437 39791 PROF SVCS - INSPECTION 201.98 ,'015551-45113-- 949:: 39068 PROF SVCS-GRDING PLN CK 382.55 0015551-45223-- x+495 39801 PROF SVCS - PLAN CHECK 127.50 00-15510-45227-- 9409 39802 PROF SVCS - INSPECTION 127.50 0015551-45223-- 9437 39791 PROF SVCS - PLAN CHECK 127.50 0015551-45123-- 9493 39739 PROF SVCS - PLAN CHECK 35.56 0015551-45223-- 9-75 :39798 PROF SVCS - PLAN CHECK• 127.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,092.99 TOTAL DUE VENDOR 3,092.99 JESSICA HALL 0015350-45300-- WNTR FNL PROF SVCS -CLASS INSTRCTR 1,080.00 TDTAL PREPAIDS .00 TOTAL VOUCHERS 1,080.00 TOTAL DUE VENDOR 1,080.00 G'r;ACIE HARRIS 001-=,4780-- 35062 RECREATION REFUND 38.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 33.04! TOTAL DUE VENDOR 38.00 DIANE HASEROT 0015350-45300-- IST WNTR PROF SVC5-CLASS INSTRG?R 312.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 312.00 TOTAL DUE VENDOR 312.00 RUN DATE: 02/09/2000 17:40:23 FUND/SECT-ACCT-PROJECT-ACCT HAWORTH, INC 0015350-46250-- 0015210-46 20-- HIGHPOINT,INC 0014095 -42111 -- 0414095 -42111 -- 0014095 -42111 -- HOME BASE 0015350 -41200 -- 0015313 -42210 -- 00151310 -41200 -- HOME DEPOT 0015310 -41200 -- 0015316 -42210 -- JAMES T HULL 0015350-45300-- ICMA RETIREMENT TRUST -457 0+:-21 ljo1_21101.01-- 0014C30-40080-- ICMA RETIREMENT -401 02;1 -21108 -- CITY OF DIAMOND BAP. VOUCHER REGISTER DUE THRU: 02115/2000 PO # INVOICE DESCRIPTION 9406A 10001280 FURNITURE - PLANNING 9406A 10001250 FURNITURE - COMM SVCS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 7 PREPAID AMOUNT DATE CHECK 235.75 393,11 .00 633.86 633.86 8927 67205 PREPRESS SVCS -BUS CRDS 21.65 8,927 67183 PREPRESS SVCS -BUS CARDS 21.65 8927 67195 PREPRESS SVCS-CNCL STTNRY 48.71 TOTAL DUE VENDOR TOTAL PREPAIDS ,00 FEB CONTRIB-ALL DEPTS TOTAL VOUCHERS 02/15/2000 92.01 FEB PAYROLL DEDUCTIONS TOTAL DUE VENDOR 92.01 3572.6 FEB CONTRACT CONTRIB SUPPLIES - RECREATION 37,84 35736 TOTAL PREPAIDS SUPPLIES - HERITAGE 14.06 TOTAL VOUCHERS SUPPLIES - PARK OPERATING 12.64 TOTAL PREPAIDS 15,582.77 ,00 TOTAL VOUCHERS 1,342.30 64.54 35735 TOTAL DUE VENDOR 64.54 SUPPLIES - PKS/OPERATING 29.51 SUPPLIES - MAPLE HILL 71.96 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 101.47 TOTAL DUE VENDOR 101.47 WNTR FNL PROF SVCS -CLASS INSTRCTR 1,095.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,095.60 TOTAL DUE VENDOR 1,095.60 FEB CONTRIB-ALL DEPTS 13,054.77 02/15/2000 35736 FEB PAYROLL DEDUCTIONS 2,128.00 02/15/2000 3572.6 FEB CONTRACT CONTRIB 400.00 02/1512000 35736 TOTAL PREPAIDS 15,582.77 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 15,582.77 PF1-2 DEF COMP 401(A) 1,342.30 02/15/2000 35735 TOTAL PREPAIDS I,342.30 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,342.30 INLAND VALLEY DAILY BULLETIN 0014040-42115-- 10970 45505501 CITY OF DIAMONn- BAR 77.00 RUN DATE: 02/09/2000 17:40:23 11/20 VOUCHER REGISTER PAGE. 8 0014040-4:'115-- 897:? 4550548`' DUE THRU: 02/15/2000 "55.58 0014040-42115-- 8970 45505443 NOT OF P/H-RESO ESTABSHNG PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK INLAND EMPIRE STAGES TOTAL VOUCHERS 258.36 0015350-45310-- 9555 012600 SR EXCREN - KNOTT'S 1/26 612.50 1125360-45310-- 9558 012600 SR EXCRSN-TRANSPRTTN 1/26 392.50 50.00 0014095-42315-- TOTAL PREPAIDS .00 MEMBSHP DUES -HUFF 50.00 TOTAL VOUCHERS 1,005.00 MEMBSHP DUES-BLAKEY TOTAL DUE VENDOR 1,005.00 INLAND VALLEY DAILY BULLETIN 0014040-42115-- 10970 45505501 AO -BIDS SKATE PARR:-PTRSN 77.00 1255215-4::115-- 11/20 AD - CDBG 2000/01 73.13 0014040-4:'115-- 897:? 4550548`' AD -NOTICE FOR COMMISSIONS "55.58 0014040-42115-- 8970 45505443 NOT OF P/H-RESO ESTABSHNG 52.65 DUE VENDOR TOTAL PREPAIDS INT'L COUNCIL OF SHOPPING CENTERS .00 TOTAL VOUCHERS 258.36 TOTAL DUE VENDOR 258.36 INLAND VALLEY H'..".MANE SOCIETY 0014431-45403-- 8878 4250022000 ANIMAL CNTL SVCS -FEE 2000 5,437.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,437.00 TOTAL DUE VENDOR 5,437.00 INT'L COUNCIL OF SHOPPING CENTERS 0014095-42315-- MEMBSHP DUES -NELSON 50.00 0014095-42315-- MEMBSHP DUES-ANSARI 50.00 0014095-42315-- MEMBSHP DUES -HUFF 50.00 0014095-42315-- MEMBSHP DUES-BLAKEY 50.00 0014095-42315-- MEMBSHP DUES-BELANGER 100.00 0014095-42315-- MEMBSHP DUES-HERRERA 50.00 0014095-4215-- MEMBSHP DUES-DESTEFANO 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 400.00 TOTAL DUE VENDOR 400.00 DEPT OF TREASURY 001-21103-- ADOL MED TAXES -4 DRTR 99 124.88 02/15/2000 35723 TOTAL PREPAIDS 124.88 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 124.88 IRPM-GATEWAY 0014090-42140-- 6843 MARCH LEASE SUTIES 100/190 -MAF; 19,465.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 19,465.70 TOTAL DUE VENDOR 19,465.70 JACKS LOCK. I, KEY 1264411-4E,250-- 2,.,45, 5 PADLOCKS -RADAR UNIT 122.41 TOTAL PREPAIDS .00 TOTAL VOUCHERS 122.41 TOTAL DUE VENDOR 122.41 CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 9 DUE THRU: 02/15/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK•. JOBS AVAILABLE 0014090-42115-- 1299-1961 AD-DCM & SR AA 90.00 0014090-42115-- 6941 30431032 AD -ADMIN ASST/DEPUTY CM 514.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 604.60 TOTAL DUE VENDOR 604.60 JOE A GONSALVES & SON INC 0014010-44000-- 9007 FEE 00 PROF LEGISLATIVE - FEB 00 3,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS .3,000.00 TOTAL DUE VENDOR 3,000,00 KLEINFELDER 1255215-44000-- 9467 560826 PROF SVC-MINNEQUA CONSTR 8,175.25 1255215-44000-- 9467 580287 PROF SVCS-MINNEQUA CONSTR 955.50 1255215-44600-- 9467 580154 PROF SVCS-MINNEQUA CONSTR 1,591.00 1255215-44000-- 9467 530671 PROF SVCS-MINNEQUA CONSTR 4,660.70 1255215-44000-- 9467 580727 PROF SVCS-MINNEQUA CONSTR 9,518.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 24,901.45 TOTAL DUE VENDOR 24,901.45 LA SIGNAL 2505510-46412-14199-46412 9165 1160-9965 PROF.SVCS-D/CRST/B/CYN 4,676.95 505510-46412-14099-4E,41 9165 1160-9965 PROF.SVCS-GLNBRK/B/CYN 13,311.35 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 17,988,30 TOTAL DUE VENDOR 17,988,30 LEAGUE OF CA CITIES 0014090-4 Sit-- 9675 SOUTHWEST AIRLINE TICKETS 1,400.00 02/15/2000 35727 0014010-42_25-- GNRL MEMRRSHP MTG-ANSARI 23.00 02/15/2000 35720 0014090-42315-- 41462:_. ANNUAL DUES - 2000- 8,185.00 TOTAL PREPAIDS 1,423.00 TOTAL VOUCHERS 8,185.00 TOTAL DUE VENDOR 9,608,00 LEGISLATIVE INTENT SERVICE 0014!20-44021-- 9671 10001 PROF SVCS-LEGSLTV HISTORY 837.40 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 837.40 TOTAL DUE VENDOR 837.40 CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER DUE THRU: 02115/2000 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION LEIGHTON & ASSOCIATES, INC 001-23012-- LEI8384 PROF. SVCS - EN 98-236 001-23012-- LEI8384 PROF. SVCS - EN 98-236 001-23012-- 8921 PROF. SVCS - EN 99-253 001-23012-- PROF. SVCS - EN 99-256 001-23012-- PROF. SVCS - EN 99-251 001-23012-- PROF. SVCS - EN %-227 001-23012-- PROF. SVCS - EN 98-221 001-23012-- PROF. SVCS - EN 96-157 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LEWIS ENGRAVING INC 0014090-42113-- 9052 2247 ENGRAVING SVCS - TILES 0014090-42113-- 9052 2302 ENGRAVING SVCS -TILES TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR CHRISTINA F LICATO 0015350-45300-- IST WNTR PROF SVCS -CLASS INSTRCTR TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR CONSTANCE J LILLIE 0015350-45300-- IST WNTR PROF SVCS -CLASS INSTRCTR TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LONG BEACH UNIFORM COMPANY 0014415-41200-- 9422 289397 UNIFORM -VOLUNTEER PATROL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LOS ANGELES COUNTY PUBLIC WORKS AMOUNT 0015510-45507-- 8977 AR002993 TRFFC SGNL MAINT-DEC 99 0015510-45530-- 9324 AR00292'4 INDSTRL WASTE SVCS -DEC 99 0015510-45507-- 8977 AR002349 T/SGNL MAINT-B/CYN/PTHFND 0015'331-45300-- 8921 AR002977 SUMP PUMP MAINT-DEC 99 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR'. PAGE: 10 PREPAID DATE CHECK 104.25 325.75 145.00 323.00 457.00 580.00 696.00 287.50 .00 2,918.50 2,918.50 34.64 34.64 .00 69.28 69.28 62.40 .00 62.40 62.40 151.20 .00 151.20 151.20 279.80 .00 279.80 279.80 6,269.87 907.47 932.58 105,71 .00 8,215.63 8,215.63 CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 11 DUE THRU: 02/15/2000 FUND/SECT-ACCT-PROJECT-ACCT LDS ANGELES COUNTY SHERIFF'S DEPT 0014411-45402-- 0014411-45402-- 0014411-45402-- 0015'3350-42354-- 0014411-45402-- 0014411-45402-- 0014411-45402-- (KI14411-45402-- NANCY LYONS 001-23002-- MACADEE ELECTRICAL CONSTRUCTION 2505510-46412-14499-46412 2505510-46412-14599-46412 2505.510-46412-14299-46412 MCKESSDN SPARKLETTS WATER PRODUCTS 0014090 -41200 -- 0014090 -42130 -- METRO MOBILE COMMUNICATIONS 0015"!A-41200-- MICROAGE COMPUTERMART DIAMOND BAR 0014095 -46230 -- MISS DIAMOND BAR BEAUTY PAGEANT 0114010-42355-- PO # INVOICE DESCRIPTION 23156/58 C/TRFFC CNTRL-NOV 99 23157 C/TRFFC CNTRL-B/PTRL DEC 23156/58 C/TRFFC CNTRL 12/6-12J9 23159 C/TRFFC CNTRL-MILLENIUM 23154/61 CLVRY TRFFC CNTRL-NOV 99 23154/61 CLVRY TRFFC CNTRL-DEC 99 23160/55 SCHL TRFFC CONTRL-NOV 99 23160/55 SCHL TRFFC CONTRL-DEC 99 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 50229 REFUND SCRTY DEF -HERITAGE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMOUNT l:j ,153. pa 21,033.60 1,171.24 5,302.44 6,176.32 5,513.55 2,244.13 1,584.55 .00 59,783.91 59,783.91 200.00 .00 200.00 200.00 9322 1940 T/SGNL SVCS-LEMON/LYCMING 38,211.32 9322 1940 T/SGNL SVCS-G/SPNG/RPDVW 30,023.17 9322 1940 T/SGNL SVCS-B/CYN/S/BLLT 1,800.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 70,034.49 TOTAL DUE VENDOR 70,034.49 9305 3463368-61 WATER SVCS -12/18-1/18/00 42.50 9305 3463365-61 ED. RENTAL -12/18-1/18/0) 8.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 51.00 TOTAL DUE VENDOR 51.00 00-103127 SUPPLIES -COMM. SVCS 4.76 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,76 TOTAL DUE VENDOR 4,76 24464 COMP EO -SYCAMORE CYN PK 107.17 TOTAL PREPAIDS .00 TOTAL VOUCHERS 107.17 TOTAL DUE VENDOR 107.17 9668 SPONSORSHIP -MS D/B PGNT 1,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,500.00 TOTAL DUE VENDOR 1,500.00 PREPAID DATE CHECK CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 12 DUE THRU: 02/15/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK MOBILE MODULAR MANAGEMENT GROUP 0015350-42140-- 9574 163148 LEASE OF PORTABLE -DEC 460.06 0015350-42140-- 9574 169225 LEASE OF PORTABLE -JAN 460.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 920.12 TOTAL DUE VENDOR 920.12 IRENE MONARREZ 001-34730-- -.-fjl7o RECREATION REFUND 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 NEXTEL 0014090-42125-- JAN PHONES-PW/CS/CD JANUARY 338.28 TOTAL PREPAIDS .[gyp TOTAL VOUCHERS 338.28 TOTAL DUE VENDOR 338. K. OCB REPROGRAPHICS INC 0014090-42110-- PRNTNG SVC -COLORED MAPS 2,327.40 02/15/2000 35731 TOTAL PREPAIDS 2,327.40 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 2,327.40 PAYROLL TRANSFER 001-10200-- PP4A PAYROLL TRANSFER - PP 4A3 1,020.00 02/15/2000 PP4A 001-10200-- PP03 PAYROLL TRANSFER -PP 03 75,700.00 02/15/2000 PP03 TOTAL PREPAIDS 76,720.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 76,720.00 PERS RETIREMENT FUND 001-21109-- PPO1 RETIRE CONTRIB-EE 4,871.63 02/15/2000 35718 001-21109-- MILITARY BUY BACK•. 509.69 02/15/2000 35734 001-21109-- PPO1 MILITARY BUY BACK 509.69 02/15/2000 35718 0o1-21109-- SURVIVOR BENENFIT 40.92 02/15/2000 35734 001-21109-- RETIRE CONTRIB-ER 2,809.26 02/15/2000 35734 001-21109-- RETIRE CONTRIB-EE 4,973.38 02/15/2000 35734 001-21109-- PPO1 SURVIVOR BENEFIT 39.99 02/15/2000 35718 001-2110':'-- PP01 RETIRE CONTRIB-ER 2,751.73 02/15/2000 35718 TOTAL PREPAIL'S 16,506.34 TOTAL VOUCHERS .00 TOTAL DUE VENDOR: 16,506.34 PLAIN JANE EMBROIDERY 0015350-42354-- 2069 JACKETS-MILLENIUM CELEB 6.75.48 02/15/2000 35732 TOTAL PREPAIDS 675.48 TOTAL 'VOUCHERS .00 TOTAL DUE VENDOR 675.48 CITY OF DIAMOND HAP: RUN DATE: 02/09/000 17:40:23 VOUCHER REGISTER PAGE: 13 DUE THRU: 02/15/2000 PREPAID FUNDISECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT IATE CHECK POSTMASTER 001-23010-- EXPRESS MAIL - FPL 99-26 11.75 001-23010-- EXPRESS MAIL - FPL 99-52 11.75 001-2.010-- EXPRESS MAIL - FPL 99-52 11.75 001-23010-- EXPRESS MAIL - FPL 99-42 11.75 001-23010-- EXPRESS MAIL - FPL 99-26 11.75 001-23010-- EXPRESS MAIL - FPL 99-53 11.75 001-23010-- EXPRESS MAIL - FPL 99-42 11.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS V 25 82, ii TOTAL DUE VENDOR 32.25 PRO - STOR 0015331-46250-- 9362 9900377 STRGE CENT-SYC CYN PK 859.17 TOTAL PREPAIDS .00 TOTAL VOUCHERS 859.17 TOTAL DUE VENDOR 859.17 R & D BLUEPRINT 0015216-42110-- 9017 44997 PRNTING SVCS-C/CNCL MTG 109.76 0015210-42110-- 9017 4499 PRNTING SVCS-C/CNCL MTG 27.44 0015210-42110-- 9017 45129 PRNTING SVCS -AERIAL MPS 17.99 TOTAL PREPAIDS .00 TOTAL VOUCHERS 155.19 TOTAL DUE VENDOR 155.1:+ RALPHS GROCERY COMPANY 0014090-42325-- 9S01 1009�022 MTG SUPPLIES - CNCL 2/1 34.54 TOTAL PREPAIDS .00 TOTAL VOUCHERS 34.54 TOTAL DUE VENDOR 34.54 REINBERGER PRINTWORKS INC 0014095-42110-- 9181 10191j: PRINTING SVCS - EUS CARDS 39.87 :0'14!.90-42110-- 10155 PRNTING SVCS -LEAVE FORMS 147.62 TOTAL PREPAIDS .00 TOTAL VOUCHERS 187.49 TOTAL DUE VENDOR 187.49 REMEDY 0015:50-44300-- 9427 282110 TEMP SVCS -WK 12/12/99C/S 619.36 TOTAL PREPAIDS .00 TOTAL VOUCHERS 619.36 TOTAL DUE VENDOR 619.36 ELEANOR R REZA 0015350-45300-- WNTR FNL PROF SVCS -CLASS INSTRCTR 360.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 360.00 TOTAL DUE VENDOR 360.00 CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 14 DUE THRU: 02/15/2000 FUND/SECT-ACCT-PROJECT-ACCT RHF INC 0014411 -42200 -- ROBERT F. DRIVER ASSOCIATES 001 -23004 -- 5104081 -47200 -- SAN GABRIEL VALLEY TRIBUNE 0014040-42115-- 0 1404[x-4211`-- 0014040-42115-- DOI-23010-- 1255215-42115-- SCMAF 0015350 -45300 -- SMART & FINAL 1255215 -41200 -- SOUTHERN CALIFORNIA EDISON 00153,16-4221216-- 001532 - ,015316-42126-- (J Caro<j- 21 2 0015;:: 1-42126-- 0015322-42126-- 01015:_ 14-42126-- 1-8555,28 2 26-- 0015319-42126-- 001`;325-421'6-- 001;318-42166-- 0015510-4.'.126-- 01015510-421''6-- (1i15510-42126-- 0015313-42126-- 0015c:11-42126-- PO # INVOICE DESCRIPTION 29251 MAINT - RADAR GUNS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK 45.00 .00 45.00 45.00 SPCL EVNT INS -10/1-12/31 360.00 02/15/2000 35719 617763 ANL PREMIUM -HONESTY BONDS 1,276.00 TOTAL PREPAIDS 360.00 TOTAL VOUCHERS 1,276.00 TOTAL DUE VENDOR 1,636.00 8947 95219 PBLC NOTICE -COMMISSIONERS 8947 87369 AD -BIDS SKATE PARK-PTRSN 8947 77746 NOT OF P/H-RESO FEES 70158 LEGAL AD - FPL 99-56 59107 AD-CDBG PUBLIC HEARING TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 0013125 -IN SCMAF TEAM REGISTRATION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 9102 289:302 SUPPLIES - SR PGM-HERITG TOTAL PREPAIDS TOTAL VOUCHERS TOTAL'DUE VENDOR ELECT SVCS -MAPLE HILL ELECT SVCS-SUMMITRIDGE ELECT SVCS-SYC CYN PARK: ELECT SVCS-RON REAGAN ELECT SVCS-HRTG COMM CTR ELECT SVCS- DIST 38 ELECT SVCS -PETERSON ELECT SVCS-STARSHINE ELECT SVCS-PANTERA ELECT SVCS-TRFFC CNTRL ELECT SVCS-TRFFC SGNAL ELECT SVCS - TRAFFIC CNTR ELECT SVCS-HRTGE PARK ELECT SVCS -PAUL GROW TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 92.82 152.88 80.34 158.34 120.90 .00 605.28 605.28 408.00 .00 408.00 408.00 147.40 .00 147.40 147.40 3315.14 256.85 345.93 588.92 638.65 12.66 1,640.67 14.26 1,385.59 4,194.64 139.45 140.48 329.51 40.53 .00 10,063.28 10,063.28 CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 15 DUE THRU: 02/15/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SOUTHERN CALIFORNIA GAS COMPANY 0015314-42126-- GAS SVCS - HTRG COMM CTR 156.30 TOTAL PREPAIDS .00 TOTAL VOUCHERS 156.30 TOTAL DUE VENDOR, 156.30 STAPLES 0015350-41200-- 8870/OPEN SUPPLIES -RECREATION 9.42 0014090-41200-- 8870/OPEN SUPPLIES - GENERAL 25.75 0014095-46220-- 3012058346 CABINETS -COMM. & MRKT 1,202.87 0014090-41200-- 88701!OPEN SUPPLIES - GENERAL 35.97 0014030-41200-- 8870/OPEN SUPPLIES -CITY MANAGER 64.71 0014090-41200-- 9585 3011980594 SUPPLIES - COPY PAPER 530.43 0015350-41200-- 88701OPEN SUPPLIES -RECREATION 8.26 0014050-41200-- 8870/OPEN SUPPLIES - FINANCE 70.45 0015350-41200-- 8870/OPEN SUPPLIES -RECREATION 72.45 0011210-41200-- 8870/OPEN SUPPLIES - PUBLIC WORKS 4.17 0015210-41200-- 8870/0PEN SUPPLIES - PLANNING 5.33 1255215-41200-- 8870/OPEN SUPPLIES - SR PGM 872.65 0014090-41200-- 8870/OPEN SUPPLIES - GENERAL 36.21 0014090-41200-- 8870/0PEN SUPPLIES - GENERAL 80.30 0014090-41200-- 8870/0PEN SUPPLIES - GENERAL -2.27 001050-41200-- 8870/OPEN SUPPLIES - FINANCE 22.73 001530JO-41200-- 88701OPEN SUPPLIES - RECREATION 104.89 0014090-41200-- 8870/OPEN SUPPLIES - GENERAL 4.07 0015350-41200-- 88701OPEN SUPPLIES - RECREATION 377.03 0015210-41200-- 8870/OPEN SUPPLIES - PLANNING -4.31 0015350-41200-- 8870/OPEN SUPPLIES -RECREATION 113.32 0015210-41200-- 8870/OPEN SUPPLIES - PUBLIC WORKS 230.38 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,869.81 TOTAL DUE VENDOR 3,869.81 STEVEN ENTERPRISES 0i; 1510-41200-- 5979 72249 SUPPLIES - BOND PAPER 108.21 TOTAL PREPAIDS .00 TOTAL VOUCHERS 108.21 TOTAL DUE VENDOR 103.21 SUBWAY 0014090-42325-- 8883 MTG SUPPLIES - CNCL 1/18 15.96 0014090-42321-- 8883 MTG SPPLS-CNCL2/1,4CRNP,S 57.15 0014090-42325-- 8883 MTG SUPPLIES - S/WST 1/20 3.99 0014090-4235-THCA-42325 MTG SUPPLIES-THCA 1/24 7.98 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.11 TOTAL DUE VENDOR 85.11 TENNIS ANYONE 0015350-45300-- 9602 CLASS INSTRCTR-WNTR SESSN 1,881:60 02/15/2000 35729 TOTAL PREPAIDS 1,881.60 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,881.60 CITY OF DIAMOND BAF: RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 16 DUE THRU: 02/15/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK TERRYBERRY 0014095-41400-- 9394 9394 EMPL RECOGNITION PGM-10YR 531.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 51.75 TOTAL DUE VENDOR 531.75 THE WEEKLY NEWS -WALNUT 0014090-42115-- 9591A 760 AD -MAYOR'S ADDRESS JAN 00 300.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 300,00 TOTAL DUE VENDOR 300.00 THOMPSON PUBLISHING GROUP INC 0014030-42:320-- 1290427 CABLE TV - PUBLCTN 334.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 334.00 TOTAL DUE VENDOR 334.00 TRAFFIC CONTROL SERVICE, INC. 0015350-42354-- 9638 147577 SUPPLIES - MILLENIUM BLST 281.50 0015350-42354-- 9638 55330 SUPPLIES-MILLENIUM BLAST £50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,131.50 TOTAL DUE VENDOR 1,131.50 TRI -COUNTY OFFICIALS INC 001550-44300-- 3794 PROF SVCS-BJBALL OFFCLI/9 280.00 0415350-44300-- 3794 PROF SVCS-S/BALL OFFCLI/9 160.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 440.00 TOTAL DUE VENDOR 440.00 TRUGREEN LANDCARE 1415541-45`00-- 194701/22662 MNTL MAINT-DIST 41 - DEC 139.34 0015319-45300-- 194741/22662 MNTL MAINT-PETERSON- DEC 280.00 0015318-45300-- 194701/22662 MNTL MAINT-PANTERA - DEC 921.44 1385538-45500-- 194701/22662 MNTL MAINT-DIST 38 - DEC 1,900.00 1395539-45500-- 194701/72662 MNTL MAINT-DIST 39 - DEC 217.75 0015.328-45300-- 194701122662 MNTL MAINT-SUMMTRDG- DEC 157.72 1385533-42210-- 194701/22662 MNTL MAINT-DIST 3£ - DEC 976.62 0015=31-45300-- 194701/22662 MNTL MAINT-SYC CYN - DEC 325.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 4,917.87 TOTAL DUE VENDOR 4,917.87 UNITED STATES POSTAL SERVICE 0014090-42120-- REPLENISH POSTAGE METER 1,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,000.00 TOTAL DUE VENDOR 1,000.00 CITY OF DIAMOND BAR RUN DATE: 02/09/2000 17:40:23 VOUCHER REGISTER PAGE: 17 DUE THRU: 02/15/2-000 FUND/SECT-ACCT-PROJECT-ACCT US HEALTHWORKS MEDICAL GROUP 0014090 -42345 -- US RADAR INC 1264411 -46250 -- WALNUT VALLEY WATER DISTRICT 0015331 -4'2126 -- 1385538 -42126-- 0015318-42126-- 1395539-42126-- 0015318-42126-- 001` 2�, 42126 -- WARREN SIECIE nn WELLS FARGO BAN`; 0014095-41200-- r,nl nnon-41 Q0-- vJ ltii 4014r095-4621ti-- 0) i401i�-423�(i-- r,r�14'0't:-4�� 00�14415-4232 0014010-4232;-- 0'? 14r;:;i,-423 _-- 0014030-4231r,•-- r ,15350-42354- - 014010-423-.-- t 014( 9i,)-41 ,"f0-- 00140'?0-41310-- 0014030-41200-- 0014'030-4120^.-- 00141 30-42:10-- PO # INVOICE DESCRIPTION 9393 OCT-DEC/FA PRE-EMF"L PHYSICALS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK 1,538.00 .00 1,538.00 1,538.00 9395 4102 RADAR UNIT-TRFFIC VEHICLE 1,440.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,440.00 TOTAL DUE VENDOR 1,440.00 WATER SVCS-SYC CYN 1/20 1,093.50 WATER SVCS -DIST 38 1/20 6,633.25 WATER SVCS-PANTERA 1/20 3,561.75 WATER SVCS -DIST 39 1/20 8.315.50 WATER SVCS -PETERSON 1/20 2,267.25 WATER SVCS-SUMMTRDO 1/20 .',105.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 24,976.25 TOTAL DUE VENDOR 24,976.25 442' PROF. SVCS - EN 99-25, 816.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 810.00 TOTAL DUE VENDOR 810.00 COMM & MRK.TING-SUPPLIES 87.6,', SUPPLIES -GENERAL GOVT 29.35 PUBLICATION -COM SVCS 166.70 COMM u MRKTING-SOFTWARE 49.90 NATL LEAD CONT- ANSARI 363.00 02/15/2000 35724 NATL LEAG/DC - CMGR 963.75 02/15/2000 35726 VLNTR PTRL DNNR 391.06 02/15/2000 35726 COUNCIL MTGS - CMGR 52.31 02/15/2000 35726 MTGS - CMGR 288.35 02/15/2000 35716 FUEL - CMGR 156.47 02/15/2000 35726 SUPPLIES-MILLENIUM CELEB 43.94 02/15/2000 35725 LEAG MTG/PKG 1/6-ANSARI 7.50 02/15/2000 35724 HOLIDAY CELEBRATION-SUPPL 43.21 02/15/2000 35726 FUEL - CITY VEH 24.00 02/15/2000 35724 SUPPLIES - CMGR 129,29 0'-1/15/2000 35726 SUPPLIES - CMGR 82.75 02/15/2000 35726 FUEL - CMGR 19.15 02/15/2000 35716 TOTAL PREPAIDS 2,564.78 TOTAL VOUCHERS 383.58 TOTAL DUE VENDOR 2,948.36 REPORT TOTAL PREPAIDS 162,373.24 REPORT TOTAL VOUCHERS 398,343.333 REPORT TOTAL 560,716.57 CITY OF DIAMOND' BAR RUN DATE: 02/09/2001 17:40:23 VOUCHER REGISTER PAGE: 1S DUE THRU: 02/15/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK WEST COAST ARBORISTS INC 0015558-45509-- 9026 17038 C/WIDE TREE MAINT-DEC 99 17,298.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 17,29.00 TOTAL DUE VENDOR 17,298.00 WEST COAST MEDIA 0014090-42115-- 9.592 2012106 AD -CENSUS 2000 FEB 00 350.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 350.00 TOTAL DUE VENDOR 350.00 WEST END UNIFORMS 0014415-41200-- 6934 50993 UNIFORM -VOLUNTEER PTRL 17.24 0014415-41200-- 8934 50959 UNIFORM -VOLUNTEER PTRL 12.93 0014415-41200-- 89:14 50958 UNIFORM - VOLUNTEER PTRL 167.01 0014415-4120)-- 8934 50448 UNIFORM -VOLUNTEER PTRL 34.48 TOTAL PREPAIDS .00 TOTAL VOUCHERS 231.66 TOTAL DUE VENDOR 231.66 WESTERN GAMING 1255215-41200-- 9101 23302 SUPPLIES - SR BINGO 23.E�4 TOTAL PREPAIDS .00 TOTAL VOUCHERS 23.64 TOTAL DUE VENDOR 23.64 XEROX CORPORATION 0014090-42100-- 80,71A 072903304 COPY CHARGES -SUITE 100 1,573.80 0014090-42200-- 8871A 072824155 COPIER CHARGE -SUITE 190 337.07 Oi�1409�}-42100-- S371A 072824155 COPY CHARGES -SUITE 190 417.89 0014090-42200-- 8871A 0729033,04 COPIER CHARGE -SUITE 100 337.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,665.83 TOTAL DUE VENDOR 2,665.83 REPORT TOTAL PREPAIDS 162,373.24 REPORT TOTAL VOUCHERS 398,343.333 REPORT TOTAL 560,716.57 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (e_ TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15, 2000 REPORT DATE: February 9, 2000 FROM: Terrence L. Belanger, City Manager TITLE: NOTICE OF COMPLETION FOR MINNEQUA LANDSLIDE REMEDIATION PROJECT SUMMARY: On October 19, 1999, the City Council awarded the construction contract for the remediation of the Minnequa Landslide Project to Summit Contracting. The failed portion of the slope has been reconstructed to its approximate pre - failure configuration and the completed work has been determined to be in accordance with the plans and specifications approved by the City. RECOMMENDATION: It is recommended that the City Council accept the work performed by Summit Contracting and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five (3 5) days after the recordation date. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: I . Has the resolution, ordinance or agreement been reviewed N/A Yes No by the City Attorney? _ _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? N/A _ _ No Which Commission? _Yes _ 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVIEWED BY: N14o�k� Te nce L. Beler City Manager ho James DeStefano Deputy City Manage Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: NOTICE OF COMPLETION FOR MINNEQUA LANDSLIDE REMEDIATION PROJECT ISSUE STATEMENT To submit and file for recordation a Notice of Completion for the Minnequa Landslide Remediation. RECOMMENDATION: It is recommended that the City Council accept the work performed by Summit Contracting and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five (35) days after the recordation date. FINANCIAL SUMMARY: The process of filing a Notice of Completion has no fiscal impact on the City. BACKGROUND/DISCUSSION: On October 19, 1999, the City Council awarded the construction contract for the Minnequa Landslide Remediation Project to Summit Contracting for a contract amount of $150,000 with a contingency amount of $10,000. The final contract amount, including one change order, is $152,000. The $2,000 was necessitated by the need to install an additional sub -drain in the bedrock slope, based on the recommendation of Kleinfelder, Inc. The five residents paid for the change order. On December 23, 1999, Summit Contracting completed the construction of the Minnequa Landslide Remediation Project. On January 13, 2000, a final job walk was completed, and on February 3, 2000, Kleinfelder provided the final compaction report for the project. Kleinfelder and Staff have determined that the completed work is in accordance with the specifications prepared and approved by the City. The failed portion of the slope has been reconstructed to its approximate pre -failure configuration and level of stability. The two (2) Minnequa property owners have protected the hillside with burlap and hydro -seed. Building and Safety will remove the limited entry yellow -tags on the Minnequa homes; the limited entry yellow -tags on the three (3) Sunset Crossing homes will not be removed until proper erosion control and/or landscaping of the hillside has been completed. Prepared by: Kellee A. Fritzal RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME CITY OF DIAMOND BAR STREET 21660 EAST COPLEY DRIVE, STE. 100 ADDRESS cm& DIAMOND BAR CA 91765-4177 STATE ATTENTION: CITY CLERK I SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. i Notice is hereby given that: I. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2 The feu name of the owner is Errol/Kathy Krick; Tom Saglime• Firman/Carmen Lopez; Gerald/Young Gonzales; Bank of America Properties' City of Diamond Bar 3. The full address of the owner is 23891 Minnequa Drive; 23834 Sunset Crossing Road; 23826 Sunset Crossing Road; 23840 Sunset Crossing Road; 23885 Minnequa Drive 4. The nature of the interest or estate of the owner is; In fee. (If other than fee, strike "In fee" and insert.. for example, "purchaser under contract of purchase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on December 23, 1999. The work done was: Minnequa Landslide Remediation 7. The name of the contractor, i f any, for such work of improvement was Summit Contracting October 16, 1999 (If no contractor tot work of improvement as a whole, insert "none") (Date of Contract) S. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California and is described as follows: Remediation of landslide 9, The street address of said property is listed above (Sunset Crossing/Minnequa) (If no street address has been officially assigned, insert "none") Dated: for Individual (honer CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I. the undersigned, say1 am the Deputy Director of Public Works the declarant of the foregoing ("resident of', Manager of", "A partner of', "Owner of', etc.) notice of completion; I have read said notice of completion and know the contests thereof, the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 _, at Diamond Bar California. (Date of signature) (City where signed) (personal signature of the individual who is swearing that the contents of the notice of completion are true) CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0�5_ TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15, 2000 REPORT DATE: February 8, 2000 FROM Terrence L Relanger r M& ager TITLE: Resolution No. 2000 -XX: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the T -intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive, and the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road" SUMMARY: The City of Diamond Bar received requests from residents to study the need for multi -way stop signs at the intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive. These intersections have been discussed by the Traffic and Transportation Commission, including public input, and are now forwarded to the City Council with the Traffic and Transportation Commission's recommendations. RECOMMENDATION: That the City Council adopt Resolution No. 2000 -XX: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the T -intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive, and the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's office) X Other; 11610(1 draft T&T Minutes. Aerial m s SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? Majority _Yes _ No 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 & TransRortatlon 5. Are other departments affected by the report? N/A _ Yes No Report discussed with the following affected departments: REVIEWED BY: (U-,� Terrence L. Belan er City Manager yp&oe J es DeStefan Deputy City Man ger G. iu Deputy Director of Public Works CITY COUNCIL REPORT Agenda No. MEETING DATE: February 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 2000 -XX: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive, and the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road." ISSUE STATEMENT: To install multi -way stop signs at the intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive, and the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road. RECOMMENDATION: That the City Council adopt Resolution No. 2000 -XX: "A Resolution of the City Council of the City of Diamond Bar approving the installation of multi -way stop signs at the intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive, and the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road". FINANCIAL SUMMARY: The installation of the striping, marking, and stop signs will be funded through the City's Signing and Striping Maintenance account and is estimated to cost $1,650.00 BACKGROUND/DISCUSSION: The Public Works Division received requests from residents to study the need for multi -way stop signs at six T -intersections: Leyland Drive/Benfield Place, Leyland Drive/Newbury Way, Chestnut Creek Road/Evergreen Springs Drive, both Chestnut Creek Road/Tierra Loma Drive (north & south) and Chestnut Creek Road/Presado Drive. On January 13, 2000, the Traffic and Transportation Commission discussed and received public input regarding the installation of multi -way stops signs at the six T -intersections (see attached Page 2 Multi -way Stop Signs February 15, 2000 minutes). The Traffic and Transportation Commission is recommending installation of multi -way stop signs at only three intersections: Leyland Drive/Benfield Drive, Chestnut Creek Road/Evergreen Springs Drive, and Chestnut Creek Road/Presado Drive. Red curb, to enhance sight visibility, is also being recommended for the T -intersection of Chestnut Creek Road/Presado Drive. Leyland Drive/Benfield Place The intersection of Leyland Drive/Benfield Place is a residential T -intersection. Leyland Drive, between Pantera Drive and Summitridge Drive, is approximately 4,400 feet in length with a 64 feet right-of-way, and a 32 feet street width. Seventy-one residences front Leyland Drive. Benfield Place is approximately 1,400 feet in length and is a cul-de-sac. It has a 60 feet right-of- way, and a 32 feet street width. Nineteen homes front Benfield Place. There are no curvatures that could potentially compromise the safety and visibility of drivers or pedestrians at the intersection. There are no reported traffic accidents within the past five years per the Los Angeles County Sheriff's Department. The school bus drop-off and pick-up area is designated on the west side of Leyland Drive, north of Benfield Place. Site visits indicated the school bus arrives to pick- up children between 7:30 a.m. and 7:40 a.m. The school bus drops off children between 2:30 p.m. and 3:00 p.m. During each of the site visits, approximately 5-8 children were present at the drop- off and pick-up area. The bus driver hailed on -coming traffic to stop by holding a stop sign before any children crossed the street. The speed limit on Leyland Drive is 25 MPH. Staff observed that vehicles tended to exceed the 25 MPH limit. With that exception, drivers observed Rules of the Road, looking both ways and waiting on others to execute turns before proceeding. Area residents were invited to attend the January 13, 2000 Traffic and Transportation Commission Meeting, as well as the City Council meeting tonight. After discussing the matter at hand, the Traffic and Transportation Commission recommended to the City Council the installation of multi -way stop signs at the intersection of Leyland Drive/Benfield Place. Chestnut Creek Road/Evergreen Springs Drive The intersection of Chestnut Creek Road/Evergreen Springs Drive is a residential T -intersection. Chestnut Creek Road is a winding, hilly street with a steep uphill grade going north. A curve warning sign -20 miles per hour has been posted for the downhill grade and curve going south approximately 120 feet past the T -intersection of Chestnut Creek Road/Tierra Loma Drive (north). Chestnut Creek Road, between Presado Drive and Evergreen Springs Drive, is approximately 2,035 feet in length with a 56 feet dedicated right-of-way, and a 32 feet pavement width. There are 32 residences on Chestnut Creek Road. Chestnut Creek Road turns into Bella Pine Drive just Page 3 Multi -way Stop Signs February 15, 2000 north of the T -intersection with Evergreen Springs Drive. There are no stop signs posted on Chestnut Creek Road or Bella Pine Drive within 1000 feet of the Chestnut Creek Road/Evergreen Springs Drive intersection. Evergreen Springs Drive is a hilly street with a steep uphill grade going northeast. Between Pathfinder Drive and Chestnut Creek Road, it is approximately 1,535 feet with a 56 dedicated right-of-way, and a 32 feet pavement width. There is a stop sign on the intersecting leg of Evergreen Springs Drive at Chestnut Creek Road. Though Chestnut Creek Road curves approximately 120 feet north of the T -intersection at Evergreen Springs Drive, there is no sight visibility deficiency as a result of the road curvature or hill conditions to potentially compromise the safety and visibility of drivers or pedestrians at the intersection. There are no reported traffic accidents within the past five years per the Los Angeles County Sheriff's Department. Staff observed the intersection was the route for vehicles traveling to and from Diamond Bar High School for a pick-up and drop-off point on Evergreen Springs Drive. The speed limit for Chestnut Creek Road at this intersection is 25 MPH and vehicles observed at this intersection were slowing or stopped in order to execute turns. No excess speeds were observed. Staff did not recommend the installation of multi -way stop signs at this intersection. Area residents were invited to attend the January 13, 2000 Traffic and Transportation Commission Meeting, as well as the City Council meeting tonight. After discussing the matter at hand, the Traffic and Transportation Commission recommended to the City Council the installation of multi -way stop signs at the intersection of Chestnut Creek Road/Evergreen Springs Drive. Chestnut Creek Road/Presario Drive The intersection of Chestnut Creek Road/Presado Drive is a residential T -intersection. Chestnut Creek Road runs northwest and southeast. Presado Drive runs northeast and southwest. For this report, Chestnut Creek Road is considered north/south and Presado Drive is considered east/west. Presado Drive has an uphill grade going from Morning Canyon Drive to Pathfinder Road. The road curves between Morning Canyon Drive and Chestnut Creek Road. At the T -intersection of Chestnut Creek Road the hill crests. Currently, a stop sign is posted on the Chestnut Creek Road intersecting leg. Presado Drive is approximately 898 feet in length with a 64 feet dedicated right- of-way, ' and 36 feet pavement width. Multi -family homes border Presado Drive. Page 4 Multi -way Stop Signs February 15, 2000 Drivers approaching the intersection from Chestnut Creek Road stop at the posted sign, but must enter the intersection for visibility due to the incline condition of Presado Drive as described above. Also, the homes on Presado Drive are multi -family homes and vehicles are parked too close to the intersection impeding visibility. The road curvature and the incline condition of Presado Drive from Morning Canyon Drive toward Chestnut Creek Road does not allow a clear line -of -sight for motorists. Though the placement of red curb would enhance sight visibility slightly for the Chestnut Creek Road vehicles, the multi -way stop signs at the intersection of Presado Drive/Chestnut Creek Road are recommended. There are no reported traffic accidents within the past three years per the Los Angeles County Sheriffs Department. Area residents were invited to attend the January 13, 2000 Traffic and Transportation Commission Meeting, as well as the City Council meeting tonight. After discussing the matter at hand, the Traffic and Transportation Commission recommended to the City Council the installation of multi -way stop signs at the intersection of Chestnut Creek Road/Presado Drive, as well as the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road. Prepared by: Linda Kay Smith and Sonya Joe Development Services Assistants Attachments: Draft minutes Traffic and Transportation Commission, January 13, 2000 Aerials of three intersections: 1. Leyland Drive/Benfield Place 2. Chestnut Creek Road/Evergreen Springs Drive 3. Chestnut Creek Road/Presado Drive n:woeD-urmvcca-200aomc- +r sig. 022200 RESOLUTION 2000 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE T -INTERSECTIONS OF LEYLAND DRIVEBENFIELD PLACE, CHESTNUT CREEK ROAD/EVERGREEN SPRINGS DRIVE, CHESTNUT CREEK ROAD/PRESADO DRIVE, AND THE INSTALLATION OF 50 FEET OF RED CURB AT THE NORTHWEST AND NORTHEAST CORNERS OF PRESADO DRIVE/CHESTNUT CREEK ROAD. A. RECITALS (i) The Traffic and Transportation Commission considered this matter at a public meeting on January 13, 2000. (ii) At the meeting of January 13, 2000, the Traffic and Transportation Commission determined the installation of multi -way stop signs at the T -intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive, and the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road as appropriate. (iii) The Traffic and Transportation Commission recommends the installation of multi -way stop signs at the T -intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive, and the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road. 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 Sections 10.08.010, 10.08.080, and 10.16.480 of the Diamond Bar City Code, as heretofore adopted, by the City Council; 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by the installation of multi -way stop signs at the T -intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive, and the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road as herein prescribed; 3. This resolution shall not become effective until the installation of multi -way stop signs at the T -intersections of Leyland Drive/Benfield Place, Chestnut Creek Road/Evergreen Springs Drive, Chestnut Creek Road/Presado Drive, and the installation of 50 feet of red curb at the northwest and northeast corners of Presado Drive/Chestnut Creek Road are properly installed by the City; and 4. The City Council of the City of Diamond Bar hereby authorize and direct the City Engineer to cause said signs to be installed as herein defined be established. PASSED, APPROVED, AND ADOPTED this 15th day of February, 2000. 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 15`h day of February 2000 by the following vote: AYES: NOES: ABSENT: ABSTAINED: ATTEST: City Clerk City of Diamond Bar JANUARY 13, 2000 PAGE 2 T&T COMMISSION IV CONSE CALENDAR: None V N W BUSINESS: A. Consideration of multi -way stop signs at the T -intersection of Chestnut Creek Drive/Evergreen Springs Drive (both south and north), Chestnut Creek Drive/Tierra Loma Drive, and Presado Drive/Chestnut Creek Drive. DSA/Smith presented staffs report. Staff recommends that the Traffic and Transportation Commission receive public input and discuss the installation of multi -way stop signs at the intersections of Chestnut Creek Drive/Evergreen Springs Drive, both T -intersections of Chestnut Creek Drive/Tierra Loma Drive and Presado Drive/Chestnut Creek Drive and concur with staff s recommendations and forward the following recommendations to the City Council for approval: Staff' does not recommend the installation of stop signs at Chestnut Creek Drive/Evergreen Springs Drive and the T-intersection(s) of Chestnut Creek Drive/Tierra Loma Drive. Staff recommends the installation of multi -way stop signs for all legs of Chestnut Creek Drive and Presado Drive and further recommends that red curbing be installed on Presado Drive at Chestnut Creek Drive 50 feet each side of Presado Drive for additional visibility. Diane Dahl, 1938 Chestnut Creek Road, said she can see where there has been a problem in the past. Normally people slow down to turn and are usually cautious. A stop sign at Chestnut Creek Drive would most likely solve the problems on Tierra Loma Drive. Her main concern is with Presado Drive and the ability of motorists to get out of the street onto Chestnut Creek. Wale Alofe, 1966 Chestnut Creek Road, said he is a registered Civil Engineer with the State Department of Transportation. He stated that although he has lived at his current address for only three years, he has seen the potential for accidents on the street. He constantly witnesses people speeding down the road in an attempt to avoid Diamond Bar Boulevard and Pathfinder Road. He favors speed humps on his street and stop signs at the intersection of Presado Drive and Chestnut Creek Drive on both sides as well as, a stop sign at the intersection of Evergreen Springs Drive and Chestnut Creek Drive. Mohan Lawani favors installation of speed humps and stop signs. He welcomes a scientific study and he does not believe that the report presented by staff is valid. Robert and Jolene Zirbes, 2141 Tierra Loma Drive, said they favor stop signs at the intersection of Chestnut Creek Drive and Presado Drive. They have lived on their street for 15 years and have witnessed several serious accidents at that blind intersection. Robert Zirbes stated that cars "fly" down Chestnut Creek Drive toward Presado Drive constantly and he is very concerned about the safety of his children and other children in the neighborhood. He asked the Commission to JANUARY 13, 2000 PAGE 3 T&T COMMISSION consider speed humps and stop signs. Mr. and Mrs. Zirbes support staffs recommendation for stop signs at Presado Drive/Chestnut Creek Drive and consideration of some type of mitigation at Tierra Loma Drive and Chestnut Creek Drive. Carlos Torres, 2005 Tierra Loma Drive (corner of Tierra Loma Drive and Chestnut Creek Drive), said he has lived at his current address for six months. He has two young children. When he moved to the area he was hopeful that his children could play in the front yard. However, he believes it is not safe because he has seen wreckless motorists. Stop signs are probably a good idea. Most of the citizens are law-abiding but there are motorists who speed on the street, even uphill. Patricia Marinovich, 2003 Chestnut Creek Drive (intersection of Tierra Loma Drive and Chestnut Creek Drive) said that there are a lot of speeding vehicles in her area. She asked the Commission to consider speed humps and stop signs and not to wait until someone is killed before the City takes action. Sidney Jacobs, 2009 Chestnut Creek Road, said that speed is an issue on Chestnut Creek Road and it is Chestnut Creek Road and has never been Chestnut Creek Drive. He is concerned about speeding traffic on Friday and Saturday nights that were not part of the survey time. He agrees with staffs recommendation for installation of stop signs for Presado Drive and Chestnut Creek Road. C/Lin thanked staff' for their thorough investigation of the matter. Based upon residents' comments, he is inclined to recommend more stop signs. C/lstik said he has always been in favor of speed humps. Currently, there are no speed humps allowed in the City. One approach that has been used by other cities is that two-thirds of the people who are impacted by the speed humps can sign off on the project if they wish speed humps installed and if it meets the safety criteria set forth by the city. This Commission previously initiated a neighborhood traffic study that covered an entire area. DKS proposed solutions for slowing the traffic on the residential streets and he believes most of the residents were happy with the results of the study and felt that the mitigation measures worked. VCNirginkar stated that the Traffic and Transportation Commission has discussed the issue of speed humps on several occasions. As a result of those discussion, it was determined that speed humps would not benefit the City's residential neighborhoods. He concurs with staff s recommendation for installation of a stop sign at Presado Drive and Chestnut Creek Road. He said he would also like for the Commission to consider installation of multi -way stop signs at Evergreen Drive and Chestnut Creek Road based upon safety concerns. JANUARY 13, 2000 PAGE 4 T&T COMMISSION Chair/Morris spoke about the topography of Diamond Bar and it is attractive for residential living and at the same time presents traffic problems. He asked Deputy Perkins to have his department take a close look at this area in the peak p.m. hours because he believes increased enforcement might alleviate some of the problems and concerns addressed by the residents. He further asked Deputy Perkins to communicate with Diamond Bar High School to make the students aware of the safety concerns and learn to respect the residential neighborhoods. Deputy Perkins indicated to Chair/Morris that the Sheriff s Department has been focusing on the area of Evergreen Springs Drive and Pathfinder Road in accordance with the City Council's instructions. Response from law enforcement has been good in that area and contact has been made with many students in that area during school hours. He has not had any recent communication with the high school nor has he asked them to communicate with the students about their driving. Chair/Morris said that safety has always been a primary concern of residents. He would like for staff to investigate existing signage on Chestnut Creek Road, Evergreen Springs Drive and Presado Drive to determine whether it is adequate. He concurs with VC/Virginkar that the City needs to take a much closer look at the intersection of Chestnut Creek Road and Evergreen Springs Drive. If the addition of a stop sign does anything to discourage cut -through traffic, it serves a purpose and enhances safety. He believes that speed humps would turn into launch pads on Diamond Bar's hilly streets. DDPW/Liu responded to an audience member that the City's current policy is no installation of speed humps. He suggested consideration of bolts dots as an alternative mitigation measure pointing out their advantages and disadvantages. Chair/Morris suggested the residents discuss the potential use and placement of botts dots. C/Istik said he would prefer to consider stop signs as part of an overall neighborhood study. Chair/Morris said he agrees with staffs recommendation for the three way stop at Presado Drive/Chestnut Creek Drive. He is leaning toward VCIVirginkar's recommendation for the Evergreen Springs Drive/Chestnut Creek Drive location. However, he would prefer to have more information before recommending the stop sign at the second location. In the meantime, he believes that signage, communication with the high school and additional enforcement would help to mitigate the situation. VC/Virginkar moved, C/Lin seconded, to recommend installation of two multi -way stop signs on JANUARY 13, 2000 PAGE 5 T&T COMMISSION Chestnut Creek Drive/Evergreen Springs Drive and Chestnut Creek Drive/Presado Drive, with appropriate striping and red curbing as recommended by the staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS C. Washington Street Parking. Istik, Lin, VC/Virginkar, Chair/Morris None Leonard -Colby AE/MarNa presented staff s report. Staff recommends that t (Traffic and Transportation Commissio receive public input and discuss the installatio of additional red curbs and/or parking restrictions at a intersections of Washington Street/W' dwood Drive. AE/Manela respond the City of Industry. DDPW/Liu stated he park and ride lot. to Chair/Morris that staff hats discussed this matter with Metro -Link and that the Chair/Morris said he believes an serve to communicate the nroblf Lyle Kennedy, 21015 Washigton Sti his street and he believes 0 a problem Industry is working with Metro -Link to expand the letter from the City to the City of Industry would said he has noticed a significant increase in parking on �e worse as time passes. Jeff Reinert, 726 Wi wood Drive, said the in section of Windwood Drive and Washington Street has become serious safety issue during thelmorning hours. Metro -Link parking has already spilled ov r into the condominium complexand the residential tract in the area. The increased tr. f makes it difficult for young children t�safely board the school bus on Washington ;Street in the morning. \ C/Istik moved, C/Lin seconded, to adopt staffs recommend at n to install 150 feet of additional red cur s and/or parking restrictions at the intersections of Was ' on Street/Windwood Drive. Motioarried by the following Roll Call vote: AYES: Istik, Lin, VC/Virginkar, None Leonard -Colby COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: JANUARY 13, 2000 PAGE 6 T&T COMMISSION The Commission concurred to direct staff to send a letter to the City of Industry communicating the concerns regarding the lack of sufficient parking at the Metro -Link park and ride lot. B. Consideration of multi -way stop signs at the intersection of Leyland Drive/Benfield Drive and Leyland Drive/Newbury Way. DSA/Joe presented staff's report. Staff recommends that the Traffic and Transportation Commission receive public input and discuss the installation of multi -way stop signs at the intersection of Leyland Drive/Benfield Drive and Leyland Drive/Newbury Way. Jian Tsai, 791 S. Leyland Place, asked the Commission to install multi -way stop signs at the intersection of Leyland Drive and Benfield Drive. Ar an Idnani, 24197 Benfield Place, is at the corner of Leyland Drive and Benfield Drive and he knows that there is a speeding problem. About six months ago there were patrol officers present in the area giving tickets on a daily basis. For the past four or five months there has been no patrolling of the area. He does not believe a stop sign will solve the problem. He would prefer to see more enforcement in the area, especially in the evening hours. Angela Holloway, 780 Leyland Drive, acknowledged that there is speeding on her street. She is concerned about the safety of small children in her neighborhood and believes that installation of stop signs at both ends of Leyland Drive would be beneficial to the residents. Mr. Holloway concurred. Chair/Morris said he has noticed that people who play basketball at Pantera Park tend to park along the driveway rather than using the marked parking spaces. He suggested that the participants be asked to monitor their driving habits when leaving the basketball court. VCNirginkar moved, C/Istik seconded, to recommend installation of multi -way stop signs at Leyland Drive and Benfield Drive. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Istik, Lin, VCNirginkar, Chair/Morris None Leonard -Colby DDPW/Liu indicated to Chair/Mom's that staff will conduct a site evaluation of the need for warning signs. Signs will be installed, if warranted. JANUARY 13, 2000 PAGE 7 T&T COMMISSION Chair/Morris said he hopes that it continues to be a goal of the Commission and City Council to be friendly to the needs of the residents rather than to those who cut -through the City. D. Bella P Drive/Los Cerros Drive AE/Manela p ented staff's repot Staff recommends that the Traffic and Transportation Commission rece' e public in*and discuss the traffic situation and concerns at the intersection and the possibility o 'nstall4eg 100' of double yellow centerline at the intersection of Bella Pine Drive and Los Cerros ' e. C/Lin moved, VCTVirginkar lqconded, to approve staffs recommendation to install 100' of double yellow o6nterline at the tersection of Bella Pine Drive and Los Cerros Drive. Motion carried byt following Roll Call te: AYES:') COMMISSIONERS:\ Istik, Lin, VC/Virginkar, Chair/Morris NO S: COMMISSIONERS: \ None SENT: COMMISSIONERS:Leonard-Colby VI OLD BUSINESS: y 5. iscal Year 1999-2000 Goals and Objectives of the Tr I afl'and Transportation Commission. anela presented stars report. Staff recommends that the Traffic and Transportation Co ssion review and discuss the attached information and provide further input to staff. 6. Golden Sprigs Drive (between Diamond Bar Boulevard and Temple Avenue) AE/Manela pres ted stars report. Staff recommends that the Traffic and Transportation Commission revie and discuss the attached information and provide further input to staff. Following discussion abbtqt the classification and speed of Golden Springs Drive and related safety concerns, Chair/Mo ''s asked staff to forward their data to the City's Traffic Engineer for review and report back to the ommission. DDPW/Liu thanked Frank Hess, for assisting AE/Manela in the g� VII ITEMS FROM C MISSIONERS: Works Supervisor; John Ilasin, Engineering Technician, of information for staff's report on this item. i2l, UFT !j or Ij Aw Al 4l ji T tr X Al i 4d 6.i k li�', T !li. 0111MIll p I � t � ♦ , Thy �' , a '� Ik -Y4 ' �° t if IAN tk + n 4 r , t � r f I � f ,� t.Y i f• - , . rr• � • ,1 z �Y. • R'r � � * i, .a • .... ' �' �"�' V _ • ray +-r; r'. i r �, • d � r A � y � � �. .fes. �� m , � ��•�` �7� ,� �( , VU, �• e_ '? '# w 06. Also ,Y ft i Or y r t RESOLUTION 2000-13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS AT THE T -INTERSECTION OF LEYLAND DRIVEBENFIELD PLACE AND THE INSTALLATION OF RED CURB 50 FEET ON EACH SIDE OF PRESADO DRIVE AT THE T -INTERSECTION OF CHESTNUT CREEK ROAD. A. RECITALS (i) The Traffic and Transportation Conunission considered this matter at a public meeting on Janurary 13, 2000. (ii) At the meeting of January 13, 2000, the Traffic and Transportation Commission determined the installation of multi -way stop signs at the T -intersection of Leyland Drive/Benfield Place and the installation of red curb 50 feet on each side of Presado Drive at the T -intersection of Chestnut Creek Road as appropriate. (iii) The Traffic and Transportation Commission recommends the installation of multi -way stop signs at the T -intersection of Leyland Drive/Benfield Place and the installation of red curb 50 feet on each side of Presado Drive at the T -intersection of Chestnut Creek Road. 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 10.16.480 of the Diamond Bar City Code, as heretofore adopted, by the City Council; 2. The City Council hereby finds that the public health, safety, and welfare will be best protected by the installation of multi -way stop signs at the T -intersection of Leyland Drive/Benfield Place and the installation of red curb 50 feet on each side of Presado Drive at the T -intersection of Chestnut Creek Road as herein prescribed; 3. This resolution shall not become effective until the installation of multi -way stop signs at the T -intersection of Leyland Drive/Benfield Place and the installation of red curb 50 feet on each side of Presado Drive at the T -intersection of Chestnut Creek Road are properly installed by the City; and 4. The City Council of the City of Diamond Bar hereby authorize and direct the City Engineer to cause said signs to be installed as herein defined be established. PASSED, APPROVED, AND ADOPTED this 15th day of February, 2000. 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 15th day of February 2000 by the following vote: AYES: [COUNCIL MEMBERS:] NOES: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] ABSTAINED: [COUNCIL MEMBERS:] ATTEST: Chang, Herrera, Huff, MPT/Ansari, M/O'Connor None None None City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15, 2000 REPORT DATE: February 10, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Landscaping Assessment District Numbers 38, 39, and 41 SUMMARY: The City of Diamond Bar has an annual program for the maintenance of public improvements and intends to continue the program by special assessments upon lands within the City's Landscaping Assessment District Numbers 38, 39 and 41. Funds must be provided to enable these Districts to continue their operation during the 2000-2001 Fiscal Year. Proceedings for the maintenance of said improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. RECOMMENDATION: That the City Council adopt the attached Resolutions to initiate the proceedings for Districts 38, 39 and 41 ordering the preparation of the appropriate engineer reports. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification x Resolution(s) _ Bid Specification _ Agreement(s) _ Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes x No REVIEWED BY: Terrence L. Bel ies DeSte o Liu City Manager Deputy City anager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Numbers 38, 39, and 41 ISSUE STATEMENT The City desires to continue its annual program for the maintenance of public improvements upon lands within the City's Landscaping Assessment Districts 38, 39 and 41. RECOMMENDATION That the City Council adopt the attached Resolutions to initiate the proceedings for Districts 38, 39 and 41 ordering the preparation of the appropriate engineer reports. FINANCIAL SUMMARY The Districts will pay for the cost of the proceedings. There will be no impact on the City's General Fund. BACKGROUND/DISCUSSION The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands within the City. Funds must be provided to enable District Numbers 38, 39 and 41 to continue their operation during the 2000-2001 Fiscal Year. Proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. I SAN ,t4 EXHIBIT "A-1" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.38 FISCAL YEAR Zoo,>-zool for the CITY OF DIAMOND BAR 0 E EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2000-2001 for the CITY OF DIAMOND BAR o aoE OEF Rao EaaD SHEET I OF I SHEET .RESTER " EACM LDT M FAKCEI w TMF SINVOWS PA CEL MLSFalA AS Afa.MD M TME wLa.aaw.s a aaoMa sM E.CH LOT M F.KCEL w Luo wrtMM IMMMOMTK! OUNTVA ESSEEM YAM MMEw LDS AMF90 CDU.Tr AM9EM. M TME 0ry CLEAK OE THE —1 M DMMDHD E AMSELES. STATE M CAL.OMMA. TNS u_ CITY CUM EM TME CMV T DMEEDFro SAM DF TME COurtr .-. cauTr of LD6 CAUEDMIA. TME DAV p .. TS_ CITY CLINK OF TME Mr OF DIAMMO SAS &�A3 R50�C�INCH SHEET I OF I SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR Z() pp _ Z� 0 I for the CITY OF DIAMOND BAR . .tel.. � ,----jLi -` ---- ` r� 1 ,cuL r. �y FUD W TIC OFFICE W 7W Cm CI of T1R Cm OF OUH010 w, COU OF LOf .W&M. STATE OF C.u1aw.. TM _ • wvW 1f_ CRY ffo OF YME arT a ouflow EM F"oM Ti- OFRCE OF TW COIWT MAYO•. CMWrV OF LOS M tS sr11iE o1 G1L-OIM11. TM WY OF n_ CIT' CLAW a TTM / c OF OIM •M1 T12 �ilfifM-1 MW.EII fOf GM lOT M FMpI WIII-1 TN[ O-ACT H M �NOf011'f 1MR21 MI■I.f �f .4011D fY tllE COWTY O L0f M1fE{Ef f•.tlOfT 0111[[. TMF VIn.loererefaw.uaLoref FffCMauW wlnw � M WY11Cl M•f1A-N Of TM[drd011'f 1M1[lL YY{O-Iflw O r111 o111ee a YI• LOf M10REf CoiI11r MIOEM. �1. rr mwlf-a AFB- EDR CH M CRY Asan W �111C. 110 -f f10 0fD RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2000-2001. E. RECITALS (ix) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. Seq.). (x) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (xi) No new improvements or other substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 41. (xii) All legal prerequisites to the adoption of this Resolution have occurred. F. RESOLUTION NOW, THEREFORE, The City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 7. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 8. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 41 for Fiscal Year 2000-2001. 9. The City Clerk shall certify to the adoption of this resolution. PASSED, ADOPTED AND APPROVED this 15'h day of February , 2000. 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 15'` day of February , 2000, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 2 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2000-2001. C. RECITALS (v) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. Seq. ). (vi) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (vii) No new improvements or other substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 39. (viii) All legal prerequisites to the adoption of this Resolution have occurred. D. RESOLUTION NOW, THEREFORE, The City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 4. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 5. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 39 for Fiscal Year 2000-2001. 6. The City Clerk Shall certify to the adoption of this resolution. PASSED, ADOPTED AND APPROVED this 15'' day of February , 2000. 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 15'b day of February , 2000, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 2 RESOLUTION NO. 2000-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2000-2001. A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. Seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or other substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 38. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, The City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: correct. 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and 1 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 38 for Fiscal Year 2000-2001. 3. The City Clerk shall certify to the adoption of this resolution. PASSED, ADOPTED AND APPROVED this 15'' day of February , 2000. 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 15th day of February , 2000, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 2 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: r0,(a rL TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15, 2000 REPORT DATE: February 10, 2000 FROM: Terrence L. Belan eg r City Manager TITLE: Award of Assessment Engineering Services SUMMARY: On December 17, 1999, the Department of Community and Development Services solicited proposals for Assessment Engineering Services for the Landscaping Assessment Districts Nos. 38, 39 and 41. Six (6) proposals were received on January 7, 2000 from GFB-Friedrich & Associates, Berryman & Henigar, Harris & Associates, Willdan, RKA Civil Engineers, and NBS- GFG. Upon review of the proposals, staff proposes to award the Assessment Engineering Services to GFB-Friedrich & Associates. Mr. John Friedrich of GFB-Friedrich & Associates has been the Assessment Engineer for the City since Fiscal Year 1994-1995. RECOMMENDATION: That the City Council award the Assessment Engineering Services to GFB-Friedrich & Associates, Inc. in an amount not to exceed $9,900.00, $9,900.00 and $9,900.00 for Fiscal Years 2000-2001, 2001-2002, and 2002-2003 respectively, a contract total of $29,700.00 plus a contingency amount of $3000.00. LIST OF ATTACHMENTS: X Staff Report __ Public Hearing Notification Resolution(s) X Other: RFP, dated 12/17/1999 x Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? N/A Which Commission? 5. Are other departments affected by the report? REVIEWED BY: 4ence L. Belanr City Manager 0 J es DeStefano Deputy City Manager x Yes No Majority _ Yes _ No Yes No Yes x No Z55�� _."4 av' Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Assessment Engineering Services ISSUE STATEMENT The City desires to continue its annual program for the maintenance of public improvements upon lands within the City's Landscaping Assessment District Nos. 38, 39 and 41. To accomplish this work, it is necessary to secure the services of a qualified engineering firm to provide annual assessment engineering services. RECOMMENDATION That the City Council award the Assessment Engineering Services to GFB-Friedrich & Associates, Inc. in an amount not to exceed $9,900.00, $9,900.00 and $9,900.00 for Fiscal Years 2000-2001, 2001-2002, and 2002-2003 respectively, a contract total of $29,700.00 plus a contingency amount of $3000.00. FINANCIAL SUMMARY The revenues generated by these Districts will pay for the cost of these services. There will be no impact on the City's General Fund. BACKGROUND/DISCUSSION On December 17, 1999, the Department of Community and Development Services solicited proposals for Assessment Engineering Services for the Landscape Assessment Districts Nos. 38, 39 and 41. Six (6) proposals were received on January 7, 2000 from GFB-Friedrich & Associates, Berryman & Henigar, Harris & Associates, Willdan, RKA Civil Engineers, and NBS- GFG. Upon review of the proposals, staff proposes to award the Assessment Engineering Services to GFB-Friedrich & Associates. The fees for the annual update/administration of the Landscaping Assessment Districts range from $9,200 to $13,500 for the work proposed by the City. Upon review of the proposals, staff proposes to award the Assessment Engineering services to GFB-Friedrich & Associates. Mr. John Friedrich of GFB-Friedrich & Associates has been the Assessment Engineer for the City since Fiscal Year 1994-1995 and has a thorough understanding of the City's needs and requirements and is also familiar with the City's developments. Included in GFB's scope of work is: • Prepare Resolution of Initiation for each assessment district; • Prepare request for computer tape of property owner information from the LA County Assessor's Office for all three districts; • Attend meetings with City (Kick-off, Council Meetings); • Prepare an assessment diagram for each assessment district encompassing all of the property within each district; • Prepare map of "Areas to be Maintained" for each assessment district; • Hand enter data for defining districts, land use or other special requirements; • Prepare an estimate for each assessment district including costs of annual maintenance operation and administration for inclusion in each Engineer's Report; • Prepare an Engineer's Report for each assessment district containing description of proposed improvements, cost estimate, method of assessment, assessment roll and assessment diagram; • Prepare Resolutions of Intention for each assessment district; • Make any presentations necessary; • Amend or revise Engineer's Report or re -spread assessments as required; • Prepare and submit Resolutions Confirming the Levy for each assessment district; • Provide services to place the current fiscal year's assessments on the LA County tax roll and file the assessment diagrams with the County Auditor; • Research and correct any exceptions or corrections as required by the County Auditor and resubmit by the August 10'h deadline; • Provide hard copies of corrected assessment data base for each district; • Coordinate with staff, legal counsel, and any other consultants/agencies. It is the recommendation of staff that the City retain GFB-Friedrich & Associates to provide the annual assessment engineering services based on the demonstrated competence and overall understanding of the community. Prepared By: David Liu/Rose Manela -KA Recyded paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 - CITY OF DIAMOND BAR DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES REQUEST FOR PROPOSAL FOR ASSESSMENT ENGINEERING SERVICES December 17, 1999 INTRODUCTION The City of Diamond Bar (City) is requesting proposals from qualified and experienced consultant firms to provide assessment engineering services for the preparation of the annual update/administration of Landscaping Assessment Districts 38, 39, & 41(1972 Act). In an effort to assure the highest quality, best service levels, maximum cost effectiveness and response to the unique needs of Diamond Bar, the City is seeking to enter into a Consulting Services Agreement with a qualified firm for a period of three (3) years with the possibility of two (2) additional annual renewals. The City desires to continue its annual program for the maintenance of landscaping as well as open space improvements. The aforementioned districts were created pursuant to the California Streets and Highways Code. The background information for the above mentioned assessment districts are delineated on the attached maps and is as follows: DISTRICT #38: The landscaping improvements maintained by District #38 are the parkways along the northern side of Grand Avenue (between Diamond Bar Blvd. and Summit Ridge Drive), along the southern side of Temple Avenue (between Diamond Bar Blvd. and Golden Springs Drive), and the medians throughout the City. This reflects a total maintenance area of 6.23 acres. The estimated number of parcels within the District (citywide) is 17,439 parcels. The assessment amount for fiscal year 2000- 2001 is $15.00 per parcel. The assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a) of Article XIIID of the California Constitution. DISTRICT #39: The landscaping improvements maintained by District #39 are the mini parks, slopes, and open space areas. This reflects a total maintenance area of 60.65 acres. The estimated number of parcels within the District is 1,269 parcels. The assessment amount for Fiscal Year 2000-2001 is $130 per parcel. The assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b) of Article )(IIID of the California Constitution. Page 2 Assessment Engineering Services RFP December 17, 1999 DISTRICT #41: The landscaping improvements maintained by District #41 are the slopes and open space areas. This reflects a total maintenance area of 15.5 acres. The estimated number of parcels within the District is 554 parcels. The assessment amount for Fiscal Year 2000-2001 is $220.50 per parcel. The assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b) of Article )(IIID of the California Constitution. SCOPE OF WORK The description that follows is intended to familiarize the proposer with the minimum scope of work anticipated to be delivered for the services being contemplated by the City. The Consultant is responsible for proposing the scope of work deemed necessary for meeting the objectives identified by the City. Establish district data base from tape file for processing. 2. Attend "kick-ofl'meeting with City staff to determine the philosophy/history of the districts and the City's expectations for these districts. Prepare an assessment diagram for each assessment district encompassing all the property within each district. 4. Prepare an estimate for each assessment district including costs of annual maintenance, operation, and administration and incidental costs for inclusion in each Engineer's Report. Prepare the annual Engineer's Report for each assessment district which will contain the description of proposed improvements, cost, estimate, method of assessment, assessment roll, and assessment diagram. Submit to City staff for review prior to adopting the Resolution of Intention. 6. Prepare Resolution of Intention to adopt Engineer's Report and set public hearing date for City's use. 7. Attend City Council Meeting at which Resolution of Intention is adopted. Make presentation if necessary. 8. Amend Engineer's Report to reflect any changes in the improvements to be maintained or incidental costs. Re -spread assessments as required. Submit revised Engineer's report to City staff prior to Public Hearing. 9. Attend City Council meeting(s) at which public hearing(s) are conducted. Make presentation as necessary. 10. Prepare resolutions levying assessments. Upon confirmation of each of the 1972 Act assessment rolls, provide services to place the current fiscal year's assessments on the Los Angeles County Tax roll and file the assessment diagrams with the County Auditor. Page 3 Assessment Engineering Services RFP December 17, 1999 11. Research and correct any exceptions/corrections to the parcel list. 12. Incorporate parcel changes to data base and provide two (2) hard copies for City's use. SUBMITTAL REQUIREMENTS The proposal will be used to determine the firm's capability. It must be specific and complete in every detail. Failure to furnish the information requested may result in the proposal being considered non- responsive and may be rejected. All proposals submitted in response to this RFP become the property of the City. All submitted proposals in response to this request shall contain the following information and should be organized as follows: Cover letter summarizing the proposal. Statement of qualifications, including a list of assessment engineering services projects that have been successfully implemented within the last three years. Understanding the City's needs. 4. A detailed work plan which itemizes and describes each task to be completed. Provide a schedule identifying milestones for the major tasks in the work plan, beginning with the notice to proceed. 6. Project staffing and organization. Provide resumes of the key personnel involved with this project. Three (3) references listed by contact person, name of public agency, address and phone number. Not to Exceed (NTE) figure and hourly billing rates for typical staff classifications for the assessment engineering services. Please state all assumptions upon which the estimates are based. 9. Provide a statement that all terms and conditions outlined in the attached Consultant Services Agreement are acceptable. Also, provide a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the consultants, and that the consultant understands said coverage is prerequisite for entering into an agreement with the City. The consultant is required to confirm with its insurance carrier that it can meet all the requirements for insurance. Failure to meet the insurance regulations as set forth shall result in the proposers's disqualification. Page 4 Assessment Engineering Services RFP December 17, 1999 10. Other. This may include additional information about the firm, sample reports, outputs or pertinent insight about the assessment engineering services being offered. SELECTION OF QUALIFIED CONSULTANT The City of Diamond Bar shall select the consultant for this project based on a combination of factors, such as qualifications, past experience with similar projects, approach to this particular service, references, and consultant's cost effectiveness. There may be interviews of some or all consultants who submit proposals. The selected firm will enter into the City of Diamond Bar's Consultant Services Agreement, as attached Exhibit A. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract, will be borne by proposer. The right to issue supplementary information or guidelines relating to this request is also reserved by the City. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become property of the City. PROPOSAL SUBMITTALS The submission deadline is 3:00 P.M., Friday, January 7, 2000. Eight (8) copies of the proposal shall be presented in a sealed envelope bearing the name, address, and telephone number of the firm submitting the proposal and shall be addressed to: Mr. David G. Liu, P.E. Deputy Director of Public Works City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 Any proposals received after 3:00 P.M., on Friday, January 7, 2000 will not be considered and returned as non-responsive to this RFP. Page 5 Assessment Engineering Services December 17, 1999 QUESTIONS If there are any questions regarding this Request for Proposal, please contact either Ms. Rose Manela or myself at (909) 396-5671. Sincerely, -- '�A David G. Liu, P.E. Deputy Director of Public Works cc: James DeStefano, Deputy City Manager Attachment: Consulting Services Agreement Wrfp/Assessne t Engineering services SHEET 1 OF 1 SHEET ASSESSMENT DISTRICT N0.41 FISCAL YEAR forth* CITY OF DIAMOND BAR Li• t t. LEGEND TMs n.wv. .h - •ee+n.r�ew I i�A550C.. INCH .� .we CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: (0 -? TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15, 2000 REPORT DATE: February 10, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Approval of Contract Amendment with LA Signal Inc. SUMMARY: On August 3, 1999, the City Council awarded the construction contract for the Installation/Modification of Traffic Signals on Brea Canyon Road (at Diamond Crest Lane, Glenbrook Drive and Golden Springs Drive) to LA Signal Inc. and authorized an amount of $242,605.00 for construction. The traffic signals at Brea Canyon Road at Diamond Crest and at Brea Canyon road at Glenbrook was completed and operational on September 8, 1999 and January 3, 2000, respectively. Since construction started on August 24, 1999, several subsurface conditions necessitated changes in the design, plan and scope of work. These conditions exists at the intersections of Brea Canyon Road at Golden Springs Drive and Glenbrook Drive. An amount of $13,500.00 is being requested to complete the required changes. The amended contract amount would be $256,105.00. RECOMMENDATION: That the City Council approve a contract amendment with LA Signal Inc. in an amount not -to -exceed $13,500.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification —Resolution(s) _ Other: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? Are other departments affected by the report? _ Yes x No REVIEWED BY: Terrence L. Bela r City Manager OT fames DeStef o Deputy City Manager da'Ard7UU Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Approval of Contract Amendment with LA Signal, Inc. ISSUE STATEMENT To complete the required changes to the traffic signal modification at the intersection of Brea Canyon Road and Golden Springs Drive as necessitated by subsurface field conditions. RECOMMENDATION That the City Council authorize the City Manager to approve a contract amendment with LA Signal Inc. in an amount not -to -exceed $13,500.00. FINANCIAL SUMMARY $130,000 of Gas Tax Fund has been budgeted for the traffic signal at the intersection of Brea Canyon Road and Glenbrook Drive, $72,500 of Gas Tax Fund and $57,500 of Developers' Fund (total $130,000) have been budgeted for the traffic signal at the intersection of Brea Canyon Road and Diamond Crest Lane, and $55,000.00 of Gas Tax Fund has been budgeted for the traffic signal modification project at the intersection of Brea Canyon Road and Golden Springs Drive. BACKGROUND/DISCUSSION On August 3, 1999, the City Council awarded the construction contract for the installation of traffic signals on Brea Canyon Road at Diamond Crest Lane and Glenbrook Drive and the modification of the existing traffic signal on Brea Canyon Road at Golden Springs Drive to LA Signal Inc. An amount of $227,605.00 with $15,000.00 contingency ($242,605.00) for construction was authorized. The traffic signals at Brea Canyon Road at Diamond Crest and at Brea Canyon road at Glenbrook was completed and operational on September 8, 1999 and January 3, 2000, respectively. Since construction started on August 24, 1999, several subsurface conditions necessitated changes in the design, plan and scope of work. These conditions exist at the intersections of Brea Canyon Road at Golden Springs Drive and Glenbrook Drive. Specifically, the items requiring a contract amendment are additional controller rentals, new pedestrian push button posts at Golden Springs Drive, installation of 2" interconnect conduit at Golden Springs, location of underground utilities and alternate locations for foundations at Glenbrook Drive and Golden Springs Drive, relocation of service conduit at Golden Springs Drive, and alternate foundation designs for Glenbrook Drive and Golden Springs Drive. The following list contains the major points leading to the contract amendment: Brea Canyon Road and Glenbrook Drive • When excavating foundation on the southwest corner of the intersection, an 18" storm drain connector pipe was found at the 5'4" depth in the center of the proposed foundation. This pipe is not shown on the plans or any improvement plans within the public right-of-way. • An Edison duct was also located within the same area but was not shown on the plans and Edison's records do not detail the routing of the duct towards Glenthorpe. • A spread footing was investigated to possibly allow for a more shallow area, however there were still utility conflicts and another location would have to be found. • Two additional potholes to the north of the corner were excavated in order to locate a standard foundation. A location was found where the property line and cement block wall diverge from the Edison duct. The foundation would need to be increased from a 30" diameter to a 36" diameter with a depth of 8'. • A new pole would be required for this location, however the pole stocked for the Golden Springs Drive modification were used for this intersection. The pole originally ordered for this intersection can and will be used for another traffic signal project in the City. Brea Canyon Road and Golden Springs Drive • When excavating foundation on the southwest corner of the intersection, an 18" storm drain connector pipe was found at the 7'6" depth in the center of the proposed foundation. This pipe is not shown on the plans or any improvement plans within the public right-of-way. • A new pothole was excavated at the back of the sidewalk and a slurry bank (later found to be a GTE duct bank) was found at a 1' depth. There is no record of this utility on any plans. This conflict eliminated this location, regardless, this location would require a change in the pole and mast arm to fit the street and lane layout. • A spread footing was investigated (along with Glenbrook Drive) to possibly allow for a more shallow area however, this design would still rest the signal foundation too close to the storm drain connector. • Two additional excavations were made in an attempt to locate an open area for a conventional foundation. The first area excavated is located in front of the existing pole, however the GTE duct bank extends to this location as well and causes conflict. The next excavation made is between the sidewalk and the existing controller. With the exception of the conduit (which can be relocated by rerouting), this area is clear of obstructions and can be used. • With the relocation of the pole and foundation, a new pole would be required for this location. There is a backlog of special order traffic signal poles and the new pole is due within 7-9 weeks. The pole originally ordered for this intersection was used for the Glenbrook Drive signal. • This pole relocation also requires the addition of a pedestrian push button pole and additional 3 5 feet of the interconnect conduit. An amount of $13,500.00 is being requested to complete the required changes. The amended contract amount would be $256,105.00. Prepared bv: David G. Liu/Rose Manela z CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Terrence L. Belanger, City Manager MEETING DATE: February 15, 2000 REPORT DATE: February 11, 2000 FROM: Bob Rose, Director of Community Services TITLE: Rejection of all Bids Received for Construction of Skate Park at Peterson Park SUMMARY: The City Council approved the plans and specifications for the construction of a Skate Park at Peterson Park and authorized the City Clerk to advertise to receive bids. There were 18 contractors who purchased bid packages and 10 of those contractors submitted bids for this project. The bids were opened and publicly read on Tuesday, February 8, 2000. Bid prices ranged from a low of $227,132.50 to a high of $384,252. The engineer's estimate for this project is $214,000. Since all bids received were above the engineer's estimate, staff recommends that the City Council reject all bids and authorize staff to re -open the bid process with revised plans and specifications. RECOMMENDATION: It is recommended that the City Council reject all bids received for the construction of the Skate Park at Peterson Park. It is further recommended that the City Council approve the revised plans and specifications and direct the City Clerk to advertise to receive bids. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X Bid Specification (on file in City Clerk's office) X Other: Bid results & analysis of Bid results from Purkiss-Rose 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? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Public Works n REVIEWED BY: ltilvl Terrence L. Belan er City Manager Ja s DeStefano Deputy City Manager CITY COUNCIL REPORT DEP Community Services Director AGENDA NO. CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Construction of Skate Park at Peterson Park ISSUE STATEMENT: The City requires a qualified contractor to construct the Skate Park at Peterson Park. However, all the bids received were above the engineer's estimate of $214,000. RECOMMENDATION: It is recommended that the City Council reject all bids received for the construction of the Skate Park at Peterson Park. It is further recommended that the City Council approve the revised plans and specifications and direct the City Clerk to advertise to receive bids. FINANCIAL SUMMARY: The Peterson Park Skate Park was funded by selling Proposition A $200,000 of the proceeds for this project in the 1999/2000 FY budget. or will be necessary for this project include: Design: $25,350 Topo: $1,605 Plan Check/Reimbursables $1,170 (transportation) funds and appropriating Funds that have already been expended Total: $35,000 Balance available for construction: $165,000 BACKGROUND: The City Council appropriated funds in the 1999/2000 fiscal year budget for the design and construction of a skate park in Diamond Bar. After a thorough public input process, Peterson Park was selected as the location for the skate park. Construction documents were developed and the City Council authorized the City Clerk to advertise to receive bids. DISCUSSION: There were 18 contractors who purchased bid packages and 10 of those contractors submitted bids for this project. The bids were opened and publicly read on Tuesday, February 8. Bid prices ranged from $ 227,132.50 to 384,252. The engineer's estimate for this project is $214,000. Since all bids received were above the engineer's estimate, staff recommends that the City Council reject all bids and authorize staff to re -open the bid process with revised plans and specifications. It is expected that by re -opening the bid process, there will be a more competitive bidding environment. The bid opening will take place on Thursday, March 9, with the award of contract scheduled for Tuesday, March 21. If the contract is awarded on March 21, construction would start at the beginning of April. Barring inclement weather and unforeseen construction issues, the skate park would be open for public use in early July. PREPARED BY: Bob Rose Director of Community Services CITY OF DIAMOND BAR BID SUBMITTALIOPENING WORKSHEET PROJECT: pETERSON PARK SKATE PARK BID OPENING DATE: FEBRUARY 8 2000 TUESDAY @ 2: NO. CONTRACTOR AMOUNT OF BID B B A D N D COMMENTS D M mals Liu to u �'c 1 �� y 11 7. l Je6f&Ar ,11 t e 4A Gi Lbs �vlg�-Ocs �. n )0 3z Qa tfondo P y ,� 3 76. '75— `•� /0 Gamna, , cry E Vc S sw lnc 3 01, 9'/ 7. 50 20 MD ew . tt W-1- 5. SkMr) L ,Y3 3-0, 0y. 77 /0 CA. Gd101D l 0O% `fi '7i. 00 /0 Pla aa�d PAGE / OF - <-' FAX N0. : Feb. 10 2000 05:03PM P2 pRykiss*rose -rsi February 10, 2000 City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, California 91765 AM: Mr. Bob Rose, Dirvctor of Community Services Dear Bob: SUBJECT: Diamond Bar Skatepark Bids - Analysis Summary PUP"URese-MIwas disappointed that construction bids submitted to the City ofDiamond Bar for the skate park, came in more costly than had been estimated. Per your request, we have reviewed and analyzed the construction bids and our findings are as follows. In ;overall review, prices were similar but, we observed that two important factors may be .11 responsible for increased unit costs. I Ve noted the large amount of money in the first four categories: mobilization, demolition, grading and drainage. As we are aware, it is not uncommon for contractors to fi oral load their bids for greater cash flow at the begitnbng of the project. 2. We rated the vast differences in quantities or unit prices. The primary reason for this is that contractors will place different vohrmea in different categories. It becomes difficult to track the quantities. Our cost estimate of $214,352.00 represents a $19.48 per square foot price. Our bid did not include a contingency nor did it take into account the rocky wil. Twenty dollars a square foot is typical o£other skate parks that have been built. For example, 4 Con Engineering is experienced in the construction of skate parks, they bid the skate park at $25.80 per square foot. That is the highest price we have secs, per square foot. As an example, Brea skate park is 10,000 S.F. and is currently being built for $209,000.00. As we have expdienced, the trend we are seeing is that as more projects go out to bid, the contractors are not bidding competitively because they are swamped with work. The only variable at your skate park is the potential rocky soil situation. The contractors are aware of this condition and as a result, they may be cushioning their bids. Our prcfemm is that the City of Diamond Bar allocates additional monies for the construction of the skate park as shown in the plans. If this is not an optical, we can eliminate some Of the amities, this will reduce the total construction cost while completing theproject within budget. The city can deer to build the planting and irrigation with the help ofcity maintenance. Please COB us if you have any questions or if we can be of any service. Sincerely, Ana G. Hernon L=Aecaps Archkecto Reorealio„ and rm* Plan"u►4 1101 M ft MIA err aduld"rd I'ullaMAL CaS(OMW 921132 FAX: (71.4) 871.1188 (914) 871.3638 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ' TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15, 2000 REPORT DATE: February 11, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 2000 -XX "A Resolution of the City of Diamond Bar for Approval of Final Tract Map No. 52267, for the Subdivision of a 65 acre Site into 127 Single Family Residences, Located in the City of Diamond Bar, California" SUMMARY: This project consists of the construction of 127 single family units on 65 acres of a 339 acre site. The Final Tract Map has been submitted by SunCal Companies to the City of Diamond Bar for approval. The Final Tract Map has been reviewed and technically approved by staff. RECOMMENDATION: That the City Council a) approve the attached Final Tract Map No. 52267; b) authorize the Mayor to execute the Subdivision Agreement; c) adopt Resolution No. 2000-xx; d) authorize the Deputy Director of Public Works to sign the map; e) direct the City Clerk to certify and process the map and C.C. & R's for recordation, and f) direct the City Manager to sign the Escrow Instructions and Entry Permit. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification x Resolution(s) _ Bid Specification x Subdivision Agreement x Other: Final Tract Map EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? N/A —Yes —No Which Commission? 5. Are other departments affected by the report? Planning Division X Yes _ No REVIEWED BY: Terrence L. Belang James'DeStefano i . Li d u City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: February 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 2000 -XX "A Resolution of the City of Diamond Bar for Approval of Final Tract Map No. 52267, for the Subdivision of a 65 acre Site into 127 Single Family Residences, Located in the City of Diamond Bar, California" ISSUE STATEMENT To approve Final Tract Map No. 52267 to be located along the east side of Diamond Bar Boulevard at Tin Drive. RECOMMENDATION That the City Council a) approve the attached Final Tract Map No. 52267; b) authorize the Mayor to execute the Subdivision Agreement; c) adopt Resolution No. 2000-xx; d) authorize the Deputy Director of Public Works to sign the map; e) direct the City Clerk to certify and process the map and C.C. & R's for recordation, and f) direct the City Manager to sign the Escrow Instructions and Entry Permit. FINANCIAL SUMMARY Approval of the map has no impact on the City's budget. BACKGROUND/DISCUSSION The Tentative Map application was made to the Planning Commission at a duly noticed public hearing on May 12, 1998 which the Commission concluded its review of the application and adopted Resolution Nos - 98 -11 and 98-12 recommending City Council approval of the applicants proposed project. The City Council conducted duly noticed public hearings on this application on July 7, 1998 and August 18, 1998. On October 6, 1998 City Council meeting, Council adopted Resolution Nos. 98-59 and 98-60 approving Vesting Tentative Tract Map No. 52267. The conditions of approval require that certain improvements be constructed for this development. As the improvements have not been completed at this time, the Subdivider is prepared to enter into an agreement with the City to construct these improvements as a condition precedent to approval of the final map and has offered surety bonds to -secure his performance. The subdivision agreement provides for the construction of all improvements and setting of subdivision monuments within 2 years. Also, Labor and Material and Performance Bonds have been posted for Grading, Street, Storm Drain, Sewer, Domestic and Reclaimed Water, Off -Site, Monument and Landscape/Irrigation Improvements. The Final Tract Map subdivides 65 acres of the 339.3 acre site into 127 single family units, removes map restrictions on portions of Lots 5 and 7 of the underlying Tract 31479, and dedicates the balance of Lots 4,5, and 7 of the underlying Tract 31479 (264.3 acres) and all of Lot 9 of the underlying Tract 31479 and Lots 50 and 51 of Tract 42576 (86.0 acres) to the City as open space. The remainder of Lot 4 of underlying Tract 31479 (10 acres adjacent to Summit Ridge Park) is proposed to be dedicated to the City as public park land. Dedication of these Open Space areas are to be made to the City through a Grant Deed which is currently being reviewed. Title will transfer to the City with map recordation. The subdivider has prepared escrow instructions to deliver to the City funds in the amount of $1,409,787.05 to satisfy conditions of the tentative map. An Entry Permit has been requested in order to permit the developer to enter upon the City open space property for the purpose of satisfying map conditions during the term of construction. The subdivider has requested minor technical changes to the approved tentative tract map. SunCal / Diamond Hills Ranch Partnership received approval to subdivide the site into 130 homes. Pulte Home Corporation will develop the project and reduce the project to 127 homes. The proposed products will require modifications to the conditioned side yard setback standard. The condition describes a side yard set back measurement of 5 and 10 feet from the edge of the building pad. The City standard is a measurement from the property line. The project condition creates an unneccesary hardship for several lots generally located upon streets with grades ranging from 6 to 12 percent. All of the lots will be designed to meet a minimum set back of 5 feet and 10 feet from the property line and a minimum distance between dwelling units of 15 feet. The separation of dwelling units is further assured through the street grades and pad elevations of this hillside development. Staff is authorized by the Code to consider and approve the proposed modifications. All homes within the project are subject to Development Review before the Planning Commission. The Mitigation Monitoring Program adopted by the City Council with approval of VTTM No. 52267 contains a mitigation measure requiring a replacement ratio for the loss of coastal sage scrub habitat on the developed portion of the site. The applicant has requested a modification as outlined in the attached Addendum. The City's environmental and biological consultants have reviewed and approved the request. The Final Tract Map 52267 has been reviewed by the appropriate agencies (Diamond Bar Public Works, Los Angeles County Department of Public Works, Walnut Valley Water *District, etc.) and has been found to be technically correct and conforms substantially to the approved vesting tentative tract map. The final map meets the requirements of the conditions of approval. ATTACHMENTS: L Instructions to Escrow 2. Entry Permit 3. Grant Deed 4. Subdivision Agreement 5. Addendum to Final EIR 6. Tract Map Prepared by: James DeStefano RESOLUTION NO. 2000 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR FOR THE APPROVAL OF FINAL TRACT MAP NCS. 52267, FOR THE SUBDIVISION OF A 65 ACRE SITE INTO 127 SINGLE FAMILY RESIDENCES, LOCATED IN THE CITY OF DIAMOND BAR, CALIFORNIA A. RECITALS (i) SunCal Companies, 5109 E. La Palma Avenue, Suite D, Anaheim, CA 92807, (the "Applicant" hereinafter), has heretofore filed an application for approval of Final Tract Map No. 52267, (the "Application" hereinafter), as described in the title of this Resolution. (ii) On May 12, 1998 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Vesting Tentative Tract Map and, upon conclusion of said public hearing on May 12, 1998 the Planning Commission adopted it's Resolution Nos. 98-11 and 98-12 recommending that the City Council approve Vesting Tentative Tract Map No. 52267. (iii) On July 7, 1998 and August 18, 1998 the Council of the City of Diamond Bar conducted a duly noticed public hearing on the Vesting Tentative Tract Map and concluded said public hearing on August 18, 1998. On October 6, 1998, Council moved to adopt Resolution Nos. 98-59 and 98-60 approving the Vesting Tentative Tract No. 52267 and the Final EIR. (iv) All legal prerequisites to the adoption of this Resolution have occurred. 1 B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Tract Map to be in substantial conformance with the approved Vesting Tentative Tract Map and this Council hereby specifically approves Final Tract Map No. 52267, as presented, and the Addendum to the Final EIR and authorizes and directs the Mayor and City Clerk to execute the Subdivision Agreement for installation of public improvements required thereby. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 4. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to SunCal Companies, 5109 E. La Palma Avenue, Suite D, Anaheim, CA 92807. 2 ADOPTED AND APPROVED this 15'' day of February , 2000. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15`' day of February_, 2000, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: 3 City Clerk, City of Diamond Bar 1 E=IT "B" -- STRUCTIONS TO ESCROW January , 2000 TO: First Amerie w Title hmmiaee Company ("Escrow Holder") 114 East Fifth Street Santa Ana; CA 92701 Atlendon: Ms. Julie Calvin FROM: City of Diamond Bar RE: Your Escrow No. M3009M The City of Diamond Bar ("City") is delivering to you herewith the Final Mop for Vesting Tentative Map No. 52267 ("Final Map"), a grading permit for the rough grading of the pmpdaty which is subject to the Final Map ("(,trading Petmit") and an Entry Pamit in the iota attached hereto as Schedule "1" ("Entry Permit"). You an authorised to record the Final Map in da Official Records and to deliver the F.ntry Permit and Grading Peru to Putts Home Corporation (ft Optionee under your above Escrow, u the closing of your Escrow 1t, and only if, you hold for the City and can dirAhw to tlbe City immediately following the closing good funds in the amount of S1,200,000.00 which amatms are in satisfaction of the Conditions of Approval set forth in the 0134 Resolution No. 98-60 at Section B4(26)(A). These instructions are solely for the benefit of the City and may not be alta+ed, modified or amended without the empress written convent of the City. City: The City of Diamond Bar By. Its: T E7 HMrr "B" A-11 f C( l 1'41 c f J I /_. Schedule "1" ENTRY PERMIT FOR CONSTRUCTION OF SUBDIVISION AGREEMENT THIS emy PERMIT FOR CONSTRUCTION OF SUBDIVISION AGREEN-NT ('Entry Permit") is made this day of . 2000, by and between THE MY OF DIAMOND BAR ("City"), and PULT£ HOME CORPORA TION, a Michigan eArpotation ("Pulte"), with reference to the facts set forth below. RECITALS E. City is the owner of certain real property situated in the City ofDiamond Bar, County of Los Angeles, Stare of California, wore particularly described in Exhibit "A" ("Open Space ProP�rtyn. F. Pulte needs to enter onto the Open Space Propmty for the purpose of satisfying the conditions of approval for Vesting Tentative Map No. 52267 as sat forth in the City's Resolution No. 98060 ("Map Condition"). NOW,'THEREFORE, in consideration of the premises, the mutual covanauts contained herein, and other good and valuable consideration, the nceipt and auffmiency of which arc hereby wjmowledged, the parties do hereby covenant, decla=z and agree as set forth below. S. Permit 12 Enter Unon Ones Soave Pronertv. City hereby grants Pulte permission to enter upon the Open Space Property for the sole purpose of satisfy ibg the Map Conditions and on- site improvements associated with the satisfying the Map Conditions on the Opca SPace PfopertY (collectively, the "On -Site Ituptovetneats"). III no event shall anything contained in this Entry Permit give to Putte the right to coubw mW other improvemmts, and such activities sball not be perntitted unless the ptiorwritten consent of City has been obtained, which consent may be withheld in City's reasonable discretion. Pulte's use of the Open Space Property pursuant to such permission shall be goveined by the terms of this Entry Permit This pemnission-to eater upon the Open Space Property is granted only to Pulte and Pulte shall not permit any other party, except Pulte's employees, agents and contractees ("Pope's Agents"), to enter the Open Space Properly during the term of this Entry Permit 6. Commanceumt of Oblieatians. The term of this Entry Permit and aU of PulWs rights as d obligations hereunder shall oonmmee. as of the cmaution and delivery of this Entry Permit to City. SCHEDULE "1" TO E.XIMIT'B" Page 1 of 6 7. Governmmt lei er Ohl UgMW ofPulle. Pulte shall obtain, at its sole cost and eetpewse, all govM==W pita ad attthW adorn of whatever nature rogaired by any and all governmental agencies %r Pvlte's peufommaaace of its On -Site Improvements on the Open Space Property. While: on to Open Space Prope q, Pulte will comply, and will cruse all ofPulte's Agents to com0y, with all applicable govammmW laws sad regulations. All persons who eater upon the Opens Spam Property ptn haat to this Entry Permit do so at their own risk. 9*AMU to QM bM . During the term of this Entry Permit, Pulte shall take any steps z aesonably seceem ry to avoid dame to the Open Spew Property. Pulte shallsot stare testing materials 011 69 Open Space Property and in no event shall Pulte bring any hazardous, toxic or contaminated mataasls or substances on the Open Space Property, inabdb& whhout limitation, any Hatardons Materials as defined iai the Agraemasnt, excerpt that this ruction shall not apply to any gasoline or oil used in connection with any machine brought by Pulte onto the Open Space Property ao long as Pulte r mains liable for any dawage or lmlmge of such gasoline or oil onto the OPem SPace Property, Pulte will be responsible for any damage done to the Open Space Property during the term of this Entry Permit arising from or out of the acts of Pulte or Pulte's Agents. 9. Uggh. Pulte shall not suf er or permit to be enforced against the Open Space Property, or any part thcme any mechanics', medaialmea's, contractors' or subcoaftwtors' lions arising from or any claim for damage growing out of the On -Site Improvements, but Pu Iter shall pay or cause to be paid all of said lima, claims or demands before arty action is brought to enforce the same against the Open SPUC Property; and Pulte agrees to indemnify, protect, defend and hold City -and City's employee. general partnera, directors, agents and tadves and their successors and assigns (collectively, "Indemnitees") and the Open Space Property brae and harmless from all liability for any and all such liens, claims and demands, togedtex withtessoasble attorneys' fees and all cosh and expenses in connection dkcmwith. Notwritbstandiug anything to the contrary hereinabove contabW in this Section, if Pulte " in good faith contest the validity of any such lien, claim or dernaad, then Pulte shall, at its expense, defend itself and City and its Indemnitees against the same and shall pay and satisfy say Adverse juelgmemt that maybe tendered thereon before the enfotcement thereof against. City and its huWmaiiees or the Open Space Property, upon the condition that if City shall nxp ire, pulte shall furnish tb City a surety bond satisfactory to City in an amount equal to such contested lien, claim or demand iadanaaifying City and its Index aitees against liability foe the same and holding the Open Space Property free from the effect of such lien or claim, or if City shall request, Pulte shall procure and record the bond provided for in the California Civil Code, or any comparable statute hereafter mactsd providing for a bond freeing the Open Space Property from the effect of such lien or claim or action &ffWn. City reserves the right at any time and from time to time to post and maintain on the Open Space Propa ly such notices as may be necessary to protect City against liability for all such !leas and claims. SCMTJIX "1" TO EXHIBIT "8" Page 2 of 6 10. M Not Liabk. City shall not be liable for any loss, dump or injury of any land or character to any person or the Open Space Property arising from any use of the Open Space Property or any act or omission by Pulte under this Entry Petmtt or any of PvkWs Agents or licensees or invitees, or by or from any accidenR on the Open Space Property or any fire or other casually thereon. or occasioned by *t faihm of Pulte to maintain the Open Space PmPaty in a safe condition, kept to the extent caused by the negligence of City. Pulte shell indemnify. Protect, defend and hold City and City's Indemnitees entirely free and Immless from any loss, liability, claim or damage resulting from the activities of Pulte, its mprmentstives, sga u, and independent contractors, or anyone acting pursuant to uthodzstion hom Pulte in relation to the Opera Space Property, including but not limited to, damage ceased by Papa's me of hazardous, tonic or contaminated materials on the Open Space Property, any mechanic's liens or claims of lien rasa king therefor, any loan, damage or injury of other persons, any loss, damage or injury relating to the design or construction of the On -Sire Imptovemsnts or any defects therein, and from all costs and expenses, including but not limited to anarneys' fees, arising therefrom. 11. Termin-4- n. . 11.1 The right of entry granted by this Entry Permit shall terminate upon the completion of 011 -Site Improvements and the lapse of any mainunanee obligations required to satisfy the Map Conditions. In addition, if Pulte shall be in breach of any of its obligations under this Entry Peii* and should Pulte fail to am such broach within to (10) days of a written notice from City specifying the notate of such breach, City shall have the rigbt to terminate this Entry Permit by written notice to Pulte. In the event that the tight of entry granted Pulte hereunder is -terminated for say reoson, Pulte shall promptly vacate the Open Space Property. 11.2 Pulte acknowledges and agrees that this Entry Permit constitutes a license which may be revoked by City in the event of a default render this Entry Permit, a default under the Agreement or the Declaration by Pulte that is not cured within any applicable notice and cure period or the termination ofthe Agreernent Such revocation shall not, however, terminate the dernotition, removal.. repair, restoration or other obligations of Pulte performed aRa such expimfion or termination of the Agreement andlerthis Entry Permit Pulte farthar acknowledges and mkotands that Pulte has no rights of occupancy or possession of the Open Space Property by virtue of this Entry Permit � 71_' ,) T 12.1 No Reationsibility for Lose or Then. City shall not be responsible for the loss or theft of anything stored by Pulte or its agents on or about the Open Space Property. 12.2 IW2SFAM City and nay agent authotized by City shall be entitled to cater and inspect the Open Space Property at any time while this Entry' Permit is in effect. SCHMULE "1" TO EMMIT "B" Page 3 of 6 12.3 No AUj&jMWt This Entry Permit cannot be assigned, voluntarily or by operation of law, and Pulse shall not tablet or permit the use of the Open Space Property, or any Pert thereof; and any attempt to do to shall be mall and void, except in connection with an assigmment permitted under the terms of the Agreement, which permitted assignment shall be deemed to constitute approval fon the transfer of Pulse's nghts under this Entry Permit. 12.4 Entice Aa+eement This Entry Permit oosnstimtes the entire agreement between the parties hereto pertaining to the subject matterhawo4 atd all prior and -Ous amts, representations and mdevat+mdiags of the pasties haa+eto, oral or written, are hereby supmeded and merged herein. No supplement, modification or amendment of this Entry Permit shall be binding unless in writing and emoted by the parties hereto. No waiver of any of the provisions of this Entry Permit shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiva be a continuing waiver. No waiver shall be binding unless executed in writiag by the patty making the waiver. Hmmvcr, the foregoing shall in no way affect the validity of the A.gmement ac any document or instrument excauted by Pulte and City pursuant therao. 12.5 Goveeni sr Law. This Entry Permit shall be construed in accordance with, rad governed by, the lawns of the State of California. This Entry Permit shall be deemed made and entered into in Los Angeles County. 12.6 Wit. The captions of this Entry Permit we for purposes of reference only and shall not limit or define the meaning of tine provisions of this Entry Permit This Entry Permit tray be executed in any number of counterparts, each of which shall be an original and all of which shall constitute out and the same imtroment 12.7 SMfMony . Each and all of the covenants and conditions of this Entry Permit shall iaureto the benefit ofaad shall be binding upon the successors in interest of Qty, and, su bjeet to tine restrictions ori tasatfaa herein provided, the cueeesson, heirs, repzeseatstives and assigns of Pulte. As used in the' forgoing, "successors" shall refer both to the partial interest in the Open Space Property and to the suceecsors to all or substantially all of their assets and to their successors by merger or consolidation. 12.8 CumlsiLve Remeclite. All rights, options and remedies of City comined in this Entry Permit shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and City shall have the right to pursue any one or all of such remedies or to seek daanages or specific perfoanonee in the event of any breach of the terms hereof by Pulte or to pursue any o*a remedy or relief which may be provided by law or equity, whether or not stated in this Entry Permit SCIMLYU "I" TO EXHIBIT "B" Page 4 of 6 12.9 Ng Wim. No waiver by City of a breach of any of the temps, covenants or conditions of this Entry Permit by Pulte shall be construcd or hold to be a waiver of any succeeding or preceding breech of the same or any outer temp, covenant or condition basin contained No waiver of nay def ult by Pulte launder shall be implied from any omission by City to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default ether elan as specified in. such waiver. The consent or approval by City to or of any art by Pulte requiring City's consent orappeooval shall not be deemed to waive or render unnecessary City's consent or approval to or of any subscqumt similar acts by Pulte. 12.10 Attoraevs' Fees. In the event any action shall be instituted between City and Pulte in connection with this Entry Pam k the party prevailing in such action shall be entitled to recover from the other party all of its costs of action including reasonable attorneys' fees as fixed by the court therein. 12.11 Severabiii . In the event that any phrase, clause, sentence, paragraph, section, article or other portion. ofthis Agreement shall become illegal, null or void or against public policy, for reason, or shall be held by any court of competent jurisdiction to be inagal, null or void or agaiust public policy, the remaining portions of this Eutry Permit shall not be affected thereby and shall remain in force and effect to the fullest extern peemissible by law. 12.12 No Partnership. City and Pulte shall not, by virtue of this Entry Permit, in any way or for any purpose, be deemed to have become a partner of each other in the conduct of their respective business or othertivise or joint venturer. In addition, by virtue of this finery Permit, there shall not be deemed to have occurred a merger of any joint enterprise between City and Pulte. 12.13 Pulte Authority. If Pulte is a corporation, each petson signing this Entry Pentut on behalf of Pulte represents and wannuts that he has Bell authority m do so and that this Entry Permit binds the eorpormion. If Pulte is a partnership, each penton signing this Entry Permit for Pulte repraeats and wartams that he is a general partner of the peftership, that he has full wathority to sign for the partnership and that this Entry Permit binds the partnership and all general Partners of the partnership. 12.14 Survival. Each of the covenants and obligations shall survive the close of escrow for the Open Spam Property or the earlier termination of the ftmbase Agreement. SCHBDUU "1" TO EXHIBIT "B" Page S of 6 e t IN WITNESS WHEREOF, tate patties have executed this Eery Permit as of the date fint above-wrium THE CITY OF DIAMOND BAR By: Its: PULTE: PULTE HOME CORPORATION, a Michigan corporation By: Name: Titles By: Name: Title: SCFE M"I" TO MIBIT "B" Page 6 of 6 L:Lti. ,� ,J J,1, -J a-. 4IJ Order Nn. Esc:tow No. Loan No. RECORDING REQUESTED BY AICD WHEN RECORDED MAIL "CO: Rose Manch. City of Diamond Bar 21660 Past Copley Drive, Suits 190 Diamond BELT, California 91765 The undersigned g rwtor(s) declue(s)- SPACE ABOVE THIS LINE FOR RECORDER'S USE DC)CUMENT ARY TRANSFER TAX ISS 00 This is a bora fide gift and the ;rentor received nothing in return, R&T 11911. GRANT DEED FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Diamond Hills Ranch Partners, Ltd., a California limited partnership, William Lippman and Valarie Lippman, Co -Trustees of the Lippman Living Trust, dated a/11/89, Charles A. Dunn, Trustee of the Sharon G. Dunn Trust, dated 5/5/81, Richard Maisto, an individual, and Paul Heuwetter, an individual (collectively, "Grantors" )� hereby GRANT to the City of Diamond Bar that certain real property located in the City of Diamond Bar, County of Los Angeles, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by this refecearx (the "Property"). The Plats of the Property being conveyed hereby arc shown in Exhibit "B" attached hereto and incorporated herein by this reference. Dated 12000 "GRANTORS" MAIL TAX STATEMENTS TO: Some as above DIAMOND HILLS RANCH PARTNERS. LTD, a California limited partnership By: DHRP. INC., a California corporation, General Partner By: Todd Kurtin, President (Signatures Continued on the Following Page) 1047 (lr9c) William Lippman, Co -Trustee of the Lippman Living Trust, dated 8/11189 By: -- Todd Kuttin, His Attorney-in-Fau Valarie Lippman, Co -Trustee of Me Lippman Living Trust, dated 8/11/89 By: Todd Kurtin, Her Attorney -in -Fact Charles A. Dunn, Trustee of the Sharon G. Dunn Trust, darad 5/5/81 By: Todd Kurtin, His Attomey-in-Fact Richard Maisto, an individual By. Todd Kurtin, His Atrorney-in-Fact Paul Hcuwcttcr, an individual By: rfm"Is"M or M"M W/sso,r-NfGTMe s-" �2 Todd Kurtin, His Attorney -in -Fact 1047 (1/94) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On , 2000, before me, the undersigned, a notary public, personally appeared TODD RURTIN, President of DHRP, INC., General Partner of Diamond Hills Ranch Partners, Ltd., personally ]mown to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary public Name (Typed or Printed) (Notarial Seal) STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) On , 2000, bef ore me, the undersigned, a notary public, personally appeared TODD KURTIN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the attorney-in-fact of WILLIAM LIPPMAN, VALARIE LIPPMAN, CHARLES A. DUNN, RICHARD MA.ISTO, and PAUL HEUWETTER, and acknowledged to me that he subscribed the name of WILLIAM LIPPMAN, VALARIE LIPPMAN, CHARLES A. DUNK, RICHARD MAISTO, and PAUL HEUWETTER thereto as principals, and his own name as attorney-in-fact. WITNESS my hand and official seal. Notary Public Name (Typed or Printed) (Notarial Seal) wua.•....s.,o*.•c a«• - 3 - • 1047(1/94) EXHIBIT "A„ THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT NO. 52267, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PER MAP FILED IN BOOK PAGES THROUGH INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SHOWN AND DELINEATED ON SAID MAP AS "UNSURVEYED REMAINDER PARCEL" BEING ALL OF LOT 4 AND PORTIONS OF LOTS 5, 6 AND 7 OF TRACT NO. 31479 PER MAP RILED IN BOOK 998, PAGES 7 THROUGH 17 INCLUSIVE OF MAPS IN SAID OFFICE OF THE COUNTY RECORDER LOT 9 OF TRACT 31479, IN THE CITY OF DIAMOND BAR, AS PER MAP RECORDED IN BOOK 998 PAGES 7 TO 17 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 LANDS, WITH THE RIGHT OF ENTRY THEREFORE 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 OPERATIONS ON SAID LANDS, WITH RIGHT TO ERECT, MAINTAIN, OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR CONVENIENT THERETO, AS EXCEPTED AND RESERVED IN THE DEED FROM TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29,1968 AS DOCUMENT NO. 2456 IN BOOK D3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19,1%9 AS DOCUMENT NO. 1776 IN BOOK D4407 PAGE 591, OFFICIAL RECORDS, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY AS SAID RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE SURFACE FOR ANY PURPOSE INCIDENTAL A-1 t:l.V• ..0 u��..�.r„�, u: •J�r Ju..l ✓f.. ,,.J•.. �'.': 74..hJJ � �. uu� TO THE OWNERSHIP OF ALL OIL, GAS A9D OTHER HYDROCARBON SUBSTANCES AND MINERALS WERE QUITCLAIMED WITH RESPECT TO SAID PARCEL MAP 1753, IN DEED RECORDED OCTOBER 16, 1970 AS INSTRUMENT NO. 1672 WITH RESPECT TO A PORTION THEREOF, IN DEED RECORDED NOVEMBER 12, 1970 AS INSTRUMENT NO. .2112, WITH RESPECT TO A PORTION THEREOF, IN DEED RECORDED MAY 21, 1973 AS INSTRUMENT NO. 1446 AND WITH RESPECT TO SAID TRACT 31479 IN DEED RECORDED DECEMBER 24, 1981 AS INSTRUMENT NO. 81-1263075. LOTS 50 AND 51 OF TRACT 42576, IN THE CITY OF DIAMOND BAR, AS PER MAP RECORDED IN BOOK 1085 PAGES 38 TO 43 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO 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 LANDS, WITH THE RIGHT OF ENTRY THEREFORE 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 OPERATIONS ON SAID LANDS, WITH RIGHT TO ERECT, MAINTAIN, OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR CONVENIENT THERETO, AS EXCEPTED AND RESERVED IN THE DEED FROM TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29, 1968 AS DOCUMENT NO. 2456 IN BOOK D3955 PAGE 185, OFFICIAL RECORDS, AND RE- RECORDED JUNE 19,1969 AS DOCUMENT NO. 1776 IN BOOK D4407 PAGE 591, OFFICIAL RECORDS, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY AS SAID RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE SURFACE FOR ANY PURPOSE INCIDENTAL TO THE OWNERSHIP OF - ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS WERE QUITCLAIMED WITH RESPECT TO SAID PARCEL MAP 1753, IN DEED RECORDED OCTOBER 16, 1970 AS INSTRUMENT NO. 1672 WITH RESPECT TO A PORTION THEREOF, IN DEED RECORDED NOVEMBER 12, 1970 AS INSTRUMENT NO. 2112, WITH RESPECT TO A PORTION THEREOF, IN DEED RECORDED MAY 21, 1973 AS INSTRUMENT NO. 1446 AND WIT i RESPECT TO SAID TRACT 31479 IN DEED RECORDED DECEMBER 24, 1981 AS INSTRUMENT NO. 81-1263075. A-2 EXHIBIT ":�3" a J V W J d :1 PHRIM PER IN�i1MI�ER N LO? i TR 31476 �q LOT 5 Q UASU4VE 0 RiA UNM PARca PER M =67 LOT h HUNSAKER & ASSOCIATES SAN Y 1[ i Q I N G !{N.fIG ON Mir.i� St illy � S�per►Cem �Vl1�lRr lflYiwlli�•1�1111 FiM Aldnw• A•l A}Agt AfAl ei..._ ----�'_••s awl EXHIBIT "B" 8 N J U /N I LOT 9 TR 31479 A� 't LOT 51 TR 42576 v LOT oaf 50 xuivsAl�x � & ASSOCIATES SAN DIE 6 Q INC RAI I1lG IM 11orr k Smile 700 SURmm mii1mm 4m- F%( WAW1N4 tae Nome: R: \0105\0105YD06.dwg 1' / / -�%/%lit` y `- Subdivision Agreement THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herein) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set forth in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulation.5 relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work, within a period of time specified by the City. C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Department of Public Works. The Improvement Plans, and related specifications, are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council of the Tract Map of the Subdivision, Subdivider and City agree as follows: 1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvements within the "Completion Period" specified in the Subdivision Reference Data, provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than 30 days' prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof, The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed- All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than ten (10) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. C. Acceptance of all or any specified category of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraph B above. The City Council shall act upon the City Engineer's recommendation within thirty (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements fumished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and -related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider's improvement security does riot cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred. C. The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements described herein shall include Subdivider's liability hereunder for the one year guarantee and warranty of the Improvements. 4. TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure, and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer. 5. IMPROVEMENTS SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City: i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100 90) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivision Reference Data.. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement, and guarantees the Improvements for one year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. oh a hued" o( foo ii) For Payment: Security in an amount equal to fifty percent (38%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) clays after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original. Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment as required by subparagraph A above, for one hundred percent 100% of the revised Estimated Total Cost of the Improvements. 6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvement security may be authorized prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon request of the Subdivider, the improvement security may be reduced or released as follows: i) Security for Performance and Guarantee: Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than fifty percent (50%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, nor until any claims filed during the one year warranty period have been settled. ii) Security for Payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, three (3) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured.by the security. The balance of the security shall be released upon settlement or release of all claims and obligations for which the security was given. C. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of anothergovernmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction. 7. INDEMNTFICATION OF CITY BY SUBDMDER A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder, any statutory immunity under the Tort Claims Act (Government Code sections 810, et seq.) asserted by the City, or its officers, agents or employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Section 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of any one incident, and in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse without thirty (30) days' written notice first having been delivered to the City. Both the type and amount of insurance required by this subparagraph A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. B. The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph A. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. I O.DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement: i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by Section 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency appointment of a receiver, o -r the filing of any petition in bankruptcy; whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; V) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement- City shall have the right, without limitation of other rights or remedies, to draw upon or -utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety an any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements her6n specified. If such surety, within thirty (30) days after service of such notice of default, does'not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the Performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. G. The City's failure to take an enforcement action with .respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work. 11. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of Subdivider's contractors, employees or agents, axe or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without the prior written consent of the -City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City of Diamond Bar, City Clerk 21660 East Copley Drive, Ste. 100 Diamond Bar, CA 91765-4177 If to the Subdivider: PULTE HOME CORPORATION 15101'Red Hill.Avenue, Suite 100 Tustin, CA 92780 Notice shah be effective on the date that it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. 14. ENTIRE AGRERMENT This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties- In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of California 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. "SUBDIVIDER" PULTE HOME CORPORATION EVP .. . -. ... Authorized Representative "CITY" — THE CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION By: Deborah O'Connor, Mayor Date: Attest By City Clerk Date: Approved as to form: By: City Attorney Date: ATTACHMENT A CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 52267 ("Final Map" herein) Tract No. 52267, ("Subdivision" herein) Subdivider: PULTE HOME CORPORATION Subdivider Address: 15101 Red Hill Avenue, Suite 100 Tustin, CA 92780 CITY COUNCIL RESOLUTION OF AFMOVAL No. 94-49 ("Resolution of Approval" herein) IMPROVEMENT PLANS No. (see Schedule A "Improvement Plans" herein) IMPROVEMENT: Schedule A ESTIMATED TOTAL COSTS: GRADING STORM DRAIN SANITARY SEWER ROAD IMPROVEMENTS FORM OF IMPROVEMENT SECURITY: NAME & ADDRESS OF CORPORATE SURETY: Safeco Insurance Company of America 1 Greens Point Parkway 2800 W. Higgins Road, Suite 1100 Hoffman Estates, IL 60195 M $2,511,384.00 $1,322,515.00 $ 394,640.00 $1,166,835.00 SURETY BOND NUMBERS: 6023786, 6023787, 6023789, 6023788 EFFECTIVE DATE OF AGREEMENT: COMMENCEMENT OF IMPROVEMENT WORK: 180 Calendar days after effective date of agreement. COMPLETION PERIOD: 24 months after effective date of agreement. L SCHEDULE A TRACT MAP 52267 GRADING PLANS FOR TRACT NO. 52267 (8 SHEETS), PREPARED BY .Hunsaker & Associates San Diego, Inc. UNDER SUPERVISION OF Tomas Romero, R.C.E. NO. 29648 DATED AND APPROVED STORM DRAIN IMPROVEMENT PLANS FOR TRACT NO. 52267 (11 SHEETS) PREPARED BY Hunsaker & Associates San Diems UNDER SUPERVISION OF Tomas Romero R.C.E. NO. 29648 DATED --T_, AND APPROVED STREET IMPROVEMENT PLANS FOR TRACT NO. 52267 (12 SHEETS) PREPARED BY Hunsaker & Associates San Diego. Inc. UNDER SUPERVISION OF Tomas Romero , R.C.E. NO. 29648 DATED AND APPROVED SANITARY SEWER PLANS, P.C. NO. FOR TRACT NO. 52267 (6 SHEETS) PREPARED BY Hunsaker & Associates San Diego, Inc. UNDER SUPERVISION OF Tomas Romero , R.C.E. NO. 29648 DATED APPROVED DOMESTIC WATE DISTRIBUTION SSTEM IMPROVEMENT PLANS PERPARED BY Walnut Vallev Water District, UNDER SUPERVISION OF R.C.E. NO. DATED APPROVED PLANTING AND IRRIGATION PLAN PREPARED BY Land Shames, DATED AND APPROVED RECLAIMED WATER SYSTEM, DISTRIBUTION PLANS, TO BE PREPARED AND APPROVED BY THE CITY ENGINEER AND THE WALNUT VALLEY WATER DISTRICT. A 1 err "B" INSTRUCTIONS TO ESCROW January , 2000 TO: First American Title Insurance Compaay ("Escrow Holder") 114 Fast Fifth Street Saata Ana, CA 92701 Attasatioa: Ms. Julie Galvin FROM: City of Diamond Bar RE: Your Escrow No. 9953009M The City of Diamond Bar ("City") is delivering to you herewith tier Final Mop for Vesting Tentative Map No. 52267 ('Final Map"), a grading permit for the rough grading of the property which is subject to the Final Map ("Grading Permit") and an Entry Permit in IM form attached hereto as Schedule "1" ("Easy ParnW). You are authorized to record the Final Map in the Official Records and to deliver the Entry Permit and Grading Permit to Pulte Hoare Corporation (the Optionee under your above Escrow), at the closing of your Escrow u end only if, you bold for the City and can deliver to the City immediately following the closing good funds in the amount of $1,200,000.00 which amounts am in satisfaction of the Conditions of Approval set for8i in the City's Resolution No. 98-60 at Section B4(26XA). These instructions are solely for the benefit of the City and may not be altered, modified or amended without tho express written consent of the City. City: The City of Diamond Bar By. Its: N. ] 7 IBIT "B" Schedule "1" ENTRY PERMIT FOR CONSTRUCTION OF SUBDIVISION AGREEMENT THIS ENTRY PERMIT FOR CONSTRUCTION OF SUBDIVISION AGREEMENT ("Entry Permit") is made this day of . 2000, by and between THE CITY OF DIAMOND BAR ("CW), and PULTE. HOME CORPORA TION, a Michigan corporation ("Pulte), with reference to the facts set forth below. RECITALS E. City is the owner of certain real property situated in the City of Diamond Bar, County of Los Angeles, State of California, more particularly described in L•xUbit "A" C'Opm Space Property"). F. Pulte needs to enter onto the Open Space Property for the purpose of satisfying the conditions of approval for Vesting Tentative Map No. 52267 as set forth in the City's Resolution No, 98060 ("Map Condition"). NOW,' THEREFORE, in consideration of the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which arc hereby admowledged, the parties do hereby covenant, declare and agree as set forth below. S. Permit to Ener Upon 9M Soave Pronettty. City hereby grants Pulte permission to enter upon the Open Space Property for the sole purpose of satisfying the Map Conditions and on- site improvements associated with the satisfying the Map Conditions on the Open Space Property (collectively, the "On -Site Improvements"). In no event shall anything oomained in this Entry Permit give to Pulte the right to construct arty other improvements, and such activities shall not be permitted unless the ptiorwritten consent of City has been obtained, which consent may be withheld in City's reasonable discretion. Pultds use of the Open Space Property pomsuaat to such permission shall be governed by the terms of this Batty Permit This permission to enter upon the Open Space Property is granted only to Pulte and Pulte shall not permit nay other party, except Pulte's employees, agents and contractors ("Puke's Agents"), to enter the Open Space Property during the term of this Entry Permit 6. C2MMIM Mgg of Obligations. The term of this Entry Permit and all of Pultds rights and obligations hereunder shall commence. as of the execution and delivery of this Entry Permit to City. SCHEDULE "1" TO EXHIBIT "B" Page 1 of 6 7. Government Rmlation_s and Other Oblintions of Pulte. Pulte shall obtain, at its sole cost and expense, all govenunenud permits and authorizations of whatever nature required by any and all governmental agencies for Pulte's petformanee of its On -Site Improvements on the Open Space Property. While on the Open Space Property, Pulte will comply, and will cause all ofPvlte's Agents, to comply, with all applicable governmental laws and regulations. All persons who enter upon the Open Space Property pnnsuant to this Entry Pen dt do so at their own tisk. $. Aimto 990 Space Property. During the tam of this Entry Permit, Pulte shall take any steps reasonably necessary to avoid damage to the Open Space Property. Pulte shall sot store testing materials ori the Open Space Property and in no event shall Pulte bring any hazardous, toxic or roman tinted materials or substances on the Open Space Property, including, without limitation, any Hazardous Materials as delined iii the Agteemant, except that this restriction shall not apply to any gasoline or oil used in connection with any machine brought by Pulte onto the Open Space Property so long as Pulte remains liable for any damage or leakage of such gasoline or oil onto the Open Space Property, Pulte will be responsible for any damage done ut the Open Space Property during the term of this Entry Permit arising Am or out of the acts of Pulte or Pulte's Agents. 9. LiG. Pulte shall not suffer or permit to be enforced against the Open Space Property, or any part thereof, any mechanics', materialmett's, contractors' or subcontractors' liens arising from of any claim for damage growing out of the On-Shc Improvements, but Pulte, shall pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce the same against the Open Space Property; and Pulte agrees to indemnify, protect, defend and hold City and City's employees, general pampas, directors, agents and tepreaetttatives and their successors and assigns (collectively, "Indemnitees") and the Open Space Property free and harmless from all liability for any and all such liens, claims and demands, together with reasonable attorneys' fees and all costa and expenses in connection therewith. Notwithstanding anything to the contrary hereinabove contained in this Section, if Pulte shall in good faith contest t1te validity of any such lien, claim or demand, then Pulte steal[, at its expense, defend itself and City and its Indemnitees against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against City and its Indemnitees or the Open Space Property, upon the condition that if City shall require, Pulte shall famish to City a surety bond satisfactory to City in an amount equal to such contested lien, claim or demand ind==Wyiag City and its Indemnitees against liability for the same and holding the Open Space Property free from the effect of such lien or claim, or if City shall request, Pulte shall procure and record the bond provided for in the California Civil Code, or any comparable statute hereafter enacted providing for a bond freeing the Open Space Property from the effect of such lien or claim or action thereon City reserves the right at any tithe and from time to time to post and maintain on the Open Space Property such notices as may be necessary to protect City against liability for all such liens and claims. SCHEp= "1" TO PKKHMIT "B" Page 2 of 6 10, City Not Liable. City shall not be liable for any loss, damage or injury of any kind or character to any person or the Open Space Property aasing from any use of the Opts Space Property or any act or omission by Pulte under this Entry Petmit or any of Pulse's Agents or licensees or invitees, or by or from any accident on the Open Space Property or any fire or other casu airy thereon, or occasioned by the failure of Pulte to maintain the Open Space Property in a safe condition, except to the extent caused by the negligence of City. Pulte shall indemnify, protect, defend and hold City and City's Indermtow antirely free and harsdass from any Lou, liability, claim or damage resulting from the activities of Pulte, its representatives, agents, and independent contractors, or anyone acting pursuant to authorization ftom Pulte in relation to the Open Space y Property, including, but not limited to, damage caused by Pulse's use of hazardous, toxic or contaminated materials on the Open Space Property, any mechanic's liens or claims of lien resulting therefor, any loss, damage or injury of other persons, any loss, damage or injury relating to the design or construction of the On -Site Improvearmts or airy defects therein, and from all costs and cgwnses, including but not limited to attorneys' fees, arising therefrom. 11.-Tcrmination.. 11.1 The right of entry granted by this Entry Permit shall terminate upon the completion of Or -Site Improveanents and the lapse of any maintenance obligations required to satisfy the Map Conditions. In addition. if Pulte &hall be in breach of any of its obligations under this Entry Peimit, and should Pulte fail to cure such breach within ten (10) days of a written notice from City specifying the nature of such breach, City shall have the rigbt to terminate this Entry Permit by written notice to Pulte. In the event that the tight of entry granted Pulte hereunder is -terminated for any reason, Pulte shall promptly vacate the Open Space Property. 11.2 Pulte acknowledges amd agrees that this Entry Permit Constitutes a license which may be revoked by City in the event of a default under this Entry Permit, a default under the Agreement or the Declaration by Pulte that is not cared within any applicable notice and cure period or the termination ofthe Agreement Such revocation shall not, however, turd, ate the demolitiotn, removal, repair, restoration or other obligations of Pulte performed after such expiration or termination of the Agreement andlorthis Entry Permit Pulte farther ukhowledges and understands that Pulte has no rights of occupancy or possession of the Open Space Property by virtue of this Entry Permit 12. General Provisions. 12.1 No Responsibility for Loss or Tbe,� City shall not be responsible for the loss or theft of anything stoned by Pulte or its agents on or about the Open Space Property. 12.2 WMSfio City and any agent anthorizcd by City shall be entitled to enter and inspect the Open Space Property at any time while this Entry Permit is in effect. SCHEDULE "l" TO EYMIT "B" Page 3 of 6 12.3 N 1As un;ent This Entry Permit cannot be assigned, voluntarily or by operation of law, and Pulte shall M sublet or permit the use ofthe Open Space Property, or any Part thereof, and any attempt to do so shall be null ad void, except in connexion with an sssignnment permitted under the terms of the Agreement, which permitted assignment shall be deemed to constitute approval for the transfer of Pulte's sights under this Entry Pemmit 12.4 Entire As This Entry Permit constitutes the entire agreement between the pasties hereto pertaining to the subject matter hereof, and all prior and cantemporaneous agmements, representations and undast+mdings of the parties baaeto, oral or written, are hereby superseded and merged herein. No supplement, modification or amendment of this Entry Permit shall be binding unless in writing and executed by the parties hereto. No waiver of &Ay of the provisions of this Entry Permit shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiva be a continuing weiver. No waiver shall be binding unless executed in writing by the party malting the waiver. However, the foregoing shall in -no way affect the validity of the Agreement er any document or instzument executed by Pulte and City Pursuant thereto. 12.5 G2vernins7 Law. This Entry Permit shall be construed in accordance with, and governed by, the laws of the Stan of California. This Entry Permit shall be deemed spade and entered into tri Los Angeles County. 12.6 CARIWM The captions of this Entry Pertpit are for purposes of reference only and shall not limit or define the meaning of the provisions of this Entry Permit. This Entry Permit way be executed in any amber of counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 12.7 SpScessons and Assigns. Each and all of the covenants and conditions of this Entry Permit shall inure to the benefit of and shall be binding upon the successors in interest of City, and, su bject to the restrictions on transfers herein provided, the suceessora, heist, representatives and assigns of Pulte. As used in the forgoing, "successors" shall refer both to the parties' interest in the Open Space Property and to the successors to all or substantially all of their assets and m their successors by merger or consolidation. 12.8 Cumulative Remedies. All rights, aptions and remedies of City contained in this Entry Permit shall be construed and bald to be cumulative, and no one of them shall be exclusive of the other, and City shall have the right to pursue any one or all of such remedies or to seek damages or specific performance in the event of any breach of the teens hereof by Pulte or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Entry Permit SCMUU "1" TO EXHIBIT "B" Page 4 of 6 12.9 :Jg w. No waiver by City of a breach of arty of the terms, covenants ox conditions of this Entry Permit by Pulte shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other trim, covenant or condition basin contained. No waiver of any default by Pulte hereunder shall be implied from any omission by City to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other thorn as specified in such waiver. The consent or approval by City to or of any act by Pulte requiring City's Consent or approval shall not be deemed to waive or render unnecessary City's consent or a roval to or of any subsequent similar acts by Pulte. 12.10 ,Attorneys'_ Fees. In the event any action shall be instituted between City and Pulte in Connection with this Envy Permit, the parry prevailing in such action shall be entitled to recover from the other parry all of its costs of action including reasonable attorneys' fees as fixed by the court therein. 12.11 Lwaability In the event that: any phrase, clause, sentence, parugLvh, section, article or other portion, of alis Agreement shall become it legal, null or .void or against public policy, for reason, or shall be hold by any court of compatent jurisdiction to be illaga►l, null or void or against public policy, the remaining portions of this Entry Permit shall not be affected thereby and shall remain in force and effect to the fullest extent permissible by law. 12.12 No E40MW2. City and Pulte shall not, by virtue of this Entry Permit. in any way or for any purpose, be deemed to have become a partner of each other in tate conduct of their respective business or otherwise or joint veu%rer. In addition, by virtue of this filmy Permit, there shall not be deemed to have occurred a merger of any joint enterprise between City and Pulte. 12.13 Pulte Authority, If Pulte is a corporation, each person signing this Entry Permit on behalf of Platte represents and wumts that he has Pull authority to do so and that this Entry Permit binds the coiporatiou. If Pulte is a partnership, each person signing this Entry Permit for Pulte resents and wm mts that he is a general pamer of the para mhip, that be has full authority to sign for the partnership and that this Entry Permit binds the partnership and all general partners of the partnership. 12.14 Survival. Each of the covenants and obligations shall survive the close of escrow for the Open Space Properly or the earlier termination of the Purchase Agreement. SCHEDLTI E "1" TO EXHIBIT "B" Page 5 of 6 4 t IN WITNESS WEREDF, the parties have exccated this Entry Permit as of the date first above-a►ritten. SEL,LB U PULTE: THE MY OF DIAMOND BAR PULTE HOME CORPORATION, a Michigan corporation By: Its: By:� -- Name: Title: By.- NAM y=Name: Title: SCIS m "i" TO F—XHIBIT "B" Pap 6 of 6 ta.1. �„ .', 1, -J 0,,"rtj Order No. Escrow No. Loan Na. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Rose Manels City of Diamond Bar 21W East Copley Drive, Suite 190 Diamond Bur, California 91765 47TACff M The undttsigned grantors) declare(s): SPACE ABOVE THIS LINE FORRECORDERSUSE DOCUMEM ARY TRANSFER TAXIS S 100 This is a bonafede gift and the grmttor received nothing in retain, R&T 11911. GRANT DEED FOR VALUABLE CONSIDERATION, the receipt and sufficioney of which is hereby aclmowledged, Diamond Hills Ranch Partners, Ltd., a California limited partnership, William Lippman and Valarie Lippman, Co -Trustees of the Lippman Living Trust, dated 8111/99, Charles A. Dunn, Trustee of the Sharon G. Dunn Trust, dated 5/5/81, Richard Maisto, an individual, and Paul Heuwetter, an individual (collectively, "Grantors"), hereby GRANT to the City of Diamond Bar that certain real property located in the City of Diamond Bar, County of Los Angeles, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by this refenum (the "Property"). The Plats of the Property being conveyed hereby are shown in Exhibit "B" attached hereto and incorporated herein by this reference. Dated , 2000 MAIL TAX STATEMENTS TO: Same as above "GRANTORS" DIAMOND HILLS RANCH PARTNERS, LTD., a California limited partnership By; DHRP, INC., a California corporation, General Parmcr By: Todd Kurtin, President [Signatures Continued on the Following Page) 1047(1/94) William Lippman, Co -Trustee of the Lippman Living Trust, dated 6/11189 By: Todd Kurtin, His Attorney -in -Fact Valarie Lippman, Co -Trustee of the Lippman Living Trust, dated 8111/69 By: Todd Kurtin, Her Attorney -in -Fact Charles A. Dunn, Trustec of the Sharon G. Dunn Trust, dated 5/5191 By. Todd Kurtin, His Anorney-in-Fact Richard Maisto, an individual By, Todd Kurtin, His Atromey-in-Fact Paul Hcuwelter, an individual By: Todd Kurtin, His Attorney -in -Fact SUIMUS&M 6P OCAHM ".& 1047(1/94) STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) On , 2000, before me, the undersigned, a notary public, personally appeared TODD KURTIN, President of DHRP, INC., General Partner of Diamond Hills Ranch Partners, Ltd., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public Name (Typed or Printed) (Notarial Seal) STATE OF CALIFORNIA COUNTY OF ORANGE On , 2000, bef ore me, the undersigned, a notary public, personally appeared TODD RURTIN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the attorney-in-fact of WILLIAM LIPPMAN,, VALARIE LIPPMAN, CHARLES A. DUNN, RICHARD MAISTO, and PAUL HEUWETTER, and acknowledged to me that he subscribed the name of WILLIAM LIPPMAN, VALARIE LIPPMAN, CHARLES A. DUNN, RICHARD MAISTO, and PAUL HEUWETTER thereto as principals, and his own name as attorney-in-fact. WITNESS my hand and official seal. Notary Public Name (Typed or Printed) (Notarial Seal) swmuSPu of D&MUM WVD.. t.,n.se o.... —3 — 1047 (1194) EXHIBIT "A" lot myono'.1400160(olueNo• ' THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT NO. 52267, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA PER MAP FILED IN BOOK PAGES THROUGH INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SHOWN AND DELINEATED ON SAID MAP AS "UNSURVEYED REMAINDER PARCEL" BEING ALL OF LOT 4 AND PORTIONS OF LOTS 5,6 AND 7 OF TRACT NO. 31479 PER MAP FILED IN BOOK 998, PAGES 7 THROUGH 17 INCLUSIVE OF MAPS IN SAID OFFICE OF THE COUNTY RECORDER. LOT 9 OF TRACT 31479, IN THE CITY OF DIAMOND BAR, AS PER MAP RECORDED IN BOOK 998 PAGES 7 TO 17 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 TI -M 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 LANDS, WIM THE RIGHT OF ENTRY THEREFORE 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 OPFRATIONS ON SAID LANDS, WITH RIGHT TO ERECT, MAINTAIN, OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR CONVENIENT THERETO, AS EXCEPTED AND RESERVED IN THE DEED FROM TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29, 1968 AS DOCUMENT NO. 2456 IN BOOK D3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 AS DOCUMENT NO. 1776 IN BOOK D4407 PAGE 591, OFFICIAL RECORDS, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY AS SAID RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE SURFACE FOR ANY PURPOSE INCIDENTAL A-1 TO THE OWNERSHIP OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS WERE QUITCLAIMED WITH RESPECT TO SAID PARCEL MAP 1753, IN DEED RECORDED OCTOBER 16, 1970 AS INSTRUMENT NO. 1672 WITH RESPECT TO A PORTION THEREOF, IN DEED RECORDED NOVEMBER 12, 1970 AS INSTRUMENT NO. 2112, WITH RESPECT TO A PORTION THEREOF, IN DEED RECORDED MAY 21, 1973 AS INSTRUMENT NO. 1446 AND WITH RESPECT TO SAID TRACT 31479 IN DEED RECORDED DECEMBER 24, 1981 AS INSTRUMENT NO. 81-1263075. LOTS 50 AND 51 OF TRACT 42576, IN THE CITY OF DIAMOND BAR, AS PER MAP RECORDED IN BOOK 1085 PAGES 38 TO 43 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO 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 LANDS, WITH THE RIGHT OF ENTRY THEREFORE 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 OPERATIONS ON SAID LANDS, WITH RIGHT TO ERECT, MAINTAIN, OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR CONVENIENT THERETO, AS EXCEPTED AND RESERVED IN THE DEED FROM TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29, 1968 AS DOCUMENT NO. 2456 IN BOOK D3955 PAGE 185, OFFICIAL RECORDS, AND RE- RECORDED JUNE 19,1%9 AS DOCUMENT NO. 1776 IN BOOK D4407 PAGE 591, OFFICIAL RECORDS, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY AS SAID RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE SURFACE FOR ANY PURPOSE INCIDENTAL TO THE OWNERSHIP OF • ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS WERE QUITCLAIMED WITH RESPECT TO SAID PARCEL MAP 1753, IN DEED RECORDED OCTOBER 16, 1970 AS INSTRUMENT NO. 1672 WITH RESPECT TO A PORTION THEREOF, IN DEED RECORDED NOVEMBER 12, 1970 AS INSTRUMENT NO. 2112, WITH RESPECT TO A PORTION THEREOF, IN DEED RECORDED MAY 21, 1973 AS INSTRUMENT NO. 1446 AND WITH RESPECT TO SAID TRACT 31479 IN DEED RECORDED DECEMBER 24, 1981 AS INSTRUMENT NO, 81-1263075. A-2 t110. -..0 0Ui,.0N,i U' -,:i: � � l TEL -'149961455 P. 00' EXHIBIT "B" g a n J v tiJ U J 4 U N i31= PE14 at LOT i a�o Trq 3-17® LOT 5 UASVIRKM RVAUAV IER PARCEL PER M =67 LOT 4 HUNSAIER & ASSOCIATES SAM OI[Cq IMG KMNWC lM HrMir & wb M sNawsstrc sm Okg+ca sem 2AKV vc polNtms -fom u" File Mwma• D•IAlA9iAFA u"o%&a_.. p-1 EXHIBIT "B" 8 U /N B i LOT 9 TR 31479 't PeP1� LOT 51 TR 42576 LOT 50 HUMAKER & ASSOCIATES SAN D I! 6 q INC MANNING IM MMMdWw St SMU 200 expw IG sm Dbm cm sm RMEYM M*WA3 . M-Fx(f1B(S%14U Fife Name: R: `010510105YO06.dwg Subdivision Agreement THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herein) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set forth in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulation.5 relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work, within a period of time specified by the City. C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Department of Public Works. The Improvement Plans, and related specifications, are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council of the Tract Map of the Subdivision, Subdivider and City agree as follows: SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work," and shall complete all Improvements within the "Completion Period" specified in the Subdivision Reference Data, provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than 30 days' prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof, The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed- All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. R Not less than ten (10) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may request a final inspection by the City Engineer. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall _bear all costs of inspection and certification for acceptance. C. Acceptance of all or any specified category of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraph B above. The City Council shall act upon the City Engineer's recommendation within thirty (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or par's of any Improvements furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and -related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider's improvement security does riot cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred. C. The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements described herein shall include Subdivider's liability hereunder for the one year guarantee and warranty of the Improvements. 4. TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure, and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer. 5. IMPROVEMENTS SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City: i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100 90) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivision Reference Data.. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement, and guarantees the Improvements for one year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. 007 h","C("a' goo ii) For Payment: Security in an amount equal to fifty percent (19%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monurnentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) clays after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original. Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment as required by subparagraph A above, for one hundred percent 100% of the revised Estimated Total Cost of the Improvements. 6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvement security may be authorized prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon request of the Subdivider, the improvement security may be reduced or released as follows: i) Security for Performance and Guarantee: Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than fifty percent (50%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, nor until any claims filed during the one year warranty period have been settled. ii) Security for Payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, three (3) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon settlement or release of all claims and obligations for which the security was given. C. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction. 7. INDEMNTFICATION OF CITY BY SUBDMDER A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the Improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder, any statutory immunity under the Tort Claims Act (Government Code sections 810, et seq.) asserted by the City, or its officers, agents or employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Section 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. & INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of any one incident, and in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse without thirty (3 0) days' written notice first having been delivered to the City. Both the type and amount of insurance required by this subparagraph A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. B. The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph A. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. I O.DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement: i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by Section 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency appointment of a receiver, o -r the filing of any petition in bankruptcy; whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;. V) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or Vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement- City shall have the right, without limitation of other rights or remedies, to draw upon or -utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety an any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements her6n specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, City's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the Performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. G. The City's failure to take an enforcement action with .respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work. 11. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of Subdivider's contractors, employees or agents, axe or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without the prior written consent of the -City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligations hereunder. If Subdivider intends to sell the Subdivision, or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City of Diamond Bar, City Clerk 21660 East Copley Drive, Ste. 100 Diamond Bar, CA 91765-4177 If to the Subdivider: PULTE HOME CORPORATION 15101'Red Rilb.Avenue, Suite 100 Tustin, CA 92780 Notice shah be effective on the date that it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. 14. ENTIRE AGRERMENT This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties- In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RF.rTTAT .4 The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of California. 18. EFFECTIVE DATE OF TIE AGREEMENT This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. "SUBDIVIDER" PIILTE HOME CORPORATION K Authorized Representative "CITY" — THE CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION By: Deborah O'Connor, Mayor Date: Attest By City Clerk Date: Approved as to form: By: City Attorney Date: . WON140r_1 CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 52267 ("Final Map" herein) Tract No. 52267, ("Subdivision" herein) Subdivider: PULTE HOME CORPORATION Subdivider Address: 15101 Red Hill Avenue, Suite 100 Tustin, CA 92780 CITY COUNCIL RESOLUTION OF AFMOVAL No. 94-49 ("Resolution of Approval" herein) IMPROVEMENT PLANS No. (see Schedule A "Improvement Plans" herein) IMPROVEMENT: Schedule A ESTIMATED TOTAL COSTS: GRADING STORM DRAIN SANITARY SEWER ROAD IMPROVEMENTS FORM OF IMPROVEMENT SECURITY NAME & ADDRESS OF CORPORATE SURETY: Safeco Insurance Company of America 1 Greens Point Parkway 2800 W. Higgins Road, Suite 1100 Hoffman Estates, IL 60195 :roe $2,511,384.00 $1,322,515.00 $ 394,640.00 $1,166,835.00 SURETY BOND NUMBERS: 6023786, 6023787, 6023789, 6023788 EFFECTIVE DATE OF AGREEMENT: COMMENCEMENT OF IMPROVEMENT WORK: 180 Calendar days after effective date of agreement. COMPLETION PERIOD: 24 months after effective date of agreement. SCHEDULE A TRACT MAP 52267 GRADING PLANS FOR TRACT NO. 52267 (8 SHEETS), PREPARED BY Hunsaker & Associates San Diego, Inc. UNDER SUPERVISION OF Tomas Romero, R.C.E. NO. 29648 DATED AND APPROVED STORM DRAIN IMPROVEMENT PLANS FOR TRACT NO. 52267 (11 SHEETS) PREPARED BY Hunsaker & Associates San Diego, Inc. UNDER SUPERVISION OF Tomas Romero R.C.E. NO. 29648 DATED, AND APPROVED STREET IMPROVEMENT PLANS FOR TRACT NO. 52267 (12 SHEETS) PREPARED BY Hunsaker & Associates San Diego, Inc. UNDER SUPERVISION OF Tomas Romero , R.C.E. NO. 29648 DATED AND APPROVED SANITARY SEWER PLANS, P.C. NO. FOR TRACT NO. 52267 (6 SHEETS) PREPARED BY Hunsaker & Associates San Diego UNDER SUPERVISION OF Tomas Romero , R.C.E. NO. 29648 DATED APPROVED DOMESTIC WATE DISTRIBUTION SSTEM IMPROVEMENT PLANS PERPARED BY Walnut Valley Water District, UNDER SUPERVISION OF R.C.E. NO. DATED APPROVED PLANTING AND IRRIGATION PLAN PREPARED BY Land Shapes, DATED AND APPROVED RECLAIMED WATER SYSTEM, DISTRIBUTION PLANS, TO BE PREPARED AND APPROVED BY THE CITY ENGINEER AND THE WALNUT VALLEY WATER DISTRICT: ACREAGE: 66.616 NO. OF LOTS: 138 TRACTNO. 52267 SHEET 1 OF 16 SHEETS IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 5, 6 AND 7 OF TRACT N0. 31479, IN THE COUNT" CF LCIS ANCELES, STATE CF CALII C11 A, AS PER MAP RECORDED IN BOCK 998, ?AGES 7 TI-ROUC'A 17 IN THE. OFFICE OF THE COUNTY RECORDER OF SAID CC'UN7' . HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 OIIN£RS STATEMENT WE HEREBY STATE TINT WE ARE THE OWNERS OF OR ARE INTERESTED IN ME LANDS INCLUDED ,MIN INE SLIBOMSION SHOWN pN THIS MAP W11NIN ME OLSTLNCTNE BORDER LINES AND WC CONSENT TO ME PREPARATION AND RUNGOFSNO ANP WMIN SAND SUBDIVISION . WE HEREBY DE"TE FOR PU&C USE STEEP CANYON RLAO AS SHOWN ON SAID AMP WE FURTHER STATE THAT WE KNOW OF NV EASEMENT OR STRUCNRC EXS'RHO WIT MN ME EASEMENIS HERON OFFERED FOR "DICA71ON TO ME PUBLIC. OTHER r,,AN PUBLICLY OWNED WATER LINES. SEWERS ON STORM DRUNS THAT WE WILL GRANT NO RIGHT DR INTEREST WNW THE BOUNDARIES OF 5VO EASEMENTS OFFERED TO WE PUBLIC, EYCEPT WHERE RIGHT OR INTEREST 5 EXPRESSLY MADE SUBIECT TO ME SAID CASEMENTS. WE HEREBY DEOUTE TO ME CITY OF DAMOND BAR NE EASEMENT FOR SANITARY SEWER PURPOSES OVER LOT 7W" THE EASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES OVER LOT M" AND ME EASEMENT FOR STORM DRAW PURPOSCS AS SHOWN ON SAID M4P. ONNONO HUS RANCH PARMERS, LTD., A CALIFORNA I—EC PMTHERSHIP AS OWNER BY: DHRP. INC., A CALIFORNIA CORPORIMN, GENERAL PARTNER LIPPMAN LMNG TRUST, CATEO AUGUST 11, 1999 AS OWNERS B/:_ - WILLIAM LIPPMAN', CO -TRUSTEE BI' YAURIE UPPWN. CO-MUSFEE SIMRON G DUNN TRUST. AS OWNER BY' CHARLES A DUNN, TRUSTEE RICHARD MNSTO, AH INOMDLLAL AS OMER PAUL HEUWETT P AN INDMDUAL A5 OWNER PULTE HOME CORPORA770N, A MOHICAN CORPORATION, AS OPWNEE WALNUT VALLEY WATER DISTRICT, A CALIFORNIA PUBLIC CORPORATION AS OWNER SURVEYORS STATEMENT 1 HEREBY STATE MIT I AM A LICENSED LAND SURVFYOR OF ME STATE OF CALIFORNIA; DAT TRIS RNV.AMP CONSISRNC OF 16 SHEETS IS A TRUE AND COMPLETE SURVEY AS SHOWN AND WAS MADE BY M£ OR UNCER NY LMEC'TON. BETWEEN AUGUST AND DECEMBER 1998; THAT MONUMENTS OF ME CHARACTER AND LCGDONS SHOWN HEREON ARE W PLACE OR NHL BE IH PUC: MTHLY TWENTY-FOUR MONTHS FROM ME FLINC S:TE OF THIS MAP: MAT SAID MONUMENTS ARE SUFPTCIEM TO ENABLE THE SURVEY TO BE RETRACED AND THAT TTE NOTES TO ALL CENTERIIrvE MONUMENTS SHOWN HEREON AS TJ BE SET" WILL BE ON FILE IN ME OFFICE OF THE CITY ENGINEER W7INIII TWENTY-FOUR MGNMS FROM THE FLUNG SATE HEREON. 'p. -7,1V,5, . 1TMm z�ow'ANo s JOHNW HILL. JR.. I.S. -6E9 REGISTRATION EXPIRES: 9 -JO -CJ * EAp 9-30-03 T} NO. 5669 sf lE OF CACAV CITY ENGINEERS STATEMENT HEREBY STATE DMT I HAK EIANINED NIS MAP ANO MAT I CONFORMS SUBSTANTULLY TO ME TENTATNE MAP AND ALL APPP7VED ALTERATIONS THEREOF: THAT ALL PROVISIONS OF STATE UW AND SUBDIVISION ORDINANCES OF ME CITY OF DIAMOND BAR APPLICABLE AT ME TIME OF APPROVAL OF THE 7EMAThE AMP MAK BEEN COMPLIED VM AND THAT AL PROVISIONS OF THE SUBMSION AMP AC7. SECTION 66/41(.)!1)(1) AND (J) NARK PEEN COMPLED WITH.. GEORGE A. WENTZ, RCE 4327) EXP. DATE CIN ENGINEER CIN OF DIAMOND LIR CITY ENGINEERS STATEMENT 2 I HEREBY STATE MAT I NAVE EXAARNED THIS ANP AND I AM SATISFIED OMT THE MAP 15 7ECHNICALLY CORRECT. DONALD R WNSLOW, RX -E, 11114DATE RC.E. EXPIRES: MULCH JT, 1001 CITY COUNCIL STATEMENT I HEREBY STATE THAT THIS MAP WAS PRESENTED FOR APPROVAL TO ME CIN COUNCIL OF ME GN OF OW40W BAR Al A REGULAR MEETING THEREOF HELD ON ME _ OF . 1000, AND THAT THEREUPON SNO COUNCIL DID. BT AN ORDER DULY PASSED AMC Of0 APPROVE THE ATTACHED ANP. SVD COUNCIL DID ACCEPT, ON BEHALF OF ME PUBLIC: A STEEP CANYON ROAD: B. ME EASEMENT FOR 54NTARY SEWER PURPOSES OVER LOT "W": C. THE EASEMENT FOR PUBIC UTILITY AND PUBUC SERVICES PURPOSES OVER LOT 1" AND D. ME EASEMENT FOR STORM DRAIN PURPOSES . C17Y CLERK, ON OF DIAMOND 8AR GTE SPECIAL ASSESSMENTS I HEREBY STATE THAT THE SPECIAL ASSESSMENTS LINED UNDER ME JURISLNCiION OF WE ON Of DIAMOND BAR TO WHICH 'ME LAND INCLUDED IN MIS MAP, OR ANY PART MEREOF S SUBfECT, AND wcH MAY BE PAID IN FULL. HAVE BEEN PND M FULL. CIN CLERK, CITY OF DIAMOND BAR DATE ACREAGE: 66.1 NO. OF LOTS:6138 TRACT N 0 . 5 2 2 6 SHEET 2 OF 16 SHEETS IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 STATE OF CALIFORNIA) SS. COUNTY O< LOS ANGELES) ON - , BEFORE ME, NOTARY PUBLIC PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE 845/5 OF SATISFACTORY EVIDENCE TO Of THE PERSONS) WHOSE MW(S) IS/ARE SUBSCRIBED TO THE WITHIN /NSTFUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED NE SAME /N HIS/HfR/MEIR AI:MDR'ZED CAAICITY(JES) AND THAT BY HIS/NER/NEA7 SM,NINRES ON THE NS7RVWNT THE PERSON(S), OR NE IN— UPON BEHALF OF NINON THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT WITNESS MY /HAND., PLEASE PRINT NAME _ COMM/SSNM' NUMBER: MY COMMISSION EXPIRES PRIIAOR& PUCE OF BUSINESS: _ COUNTY STATE OF CALIFORNIA) SS. COUNTY 01 LOS ANGELES) ON , BEFORE ME NOTARY PUBLIC PERSONALLY APPEARED PERSONALLY NNOWN TO ME OR PROVED TO ME ON THE 84SIS OF 54ttSFACTORY EVIDENCE TO BE THE PERSON(5) WHOSE NAME(S) TS/ARE SUBSCRIBED TO THE WI N INSTRUML7IT AND ACKNOWLEDGED TO ME THAT HC/SHE�HET EXECUTED THE SAME IN H1S/HER/THHEIR AUTHORIZED CIPACHY(IESj. AND THAT BY HIS/HER/TEHR SIGNATURES ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH WE PERSON(S) ACTED, EXECUTED NE INSTRUMENT. WITNESS MY HAND: PLEASE PRINT NAME: COMMISSION NUMBER:_ MY COMMISSION EXPIRES PRINCIPAL PUCE OF BUSINESS.' __ COUNTY STATE OF CALIFORM) SS COUNTY OF LOS ANGELES) ON , BEFORE ME. NOTARY PUBLIC PERSONALLY APPEARED _PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF S4RSFACTORY EVIDENCE TO BE Wf PERSONS) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE W IMN INSTRUMENT AND ACKNOWLEDGED TO ME THAT NE/SNE/NEY EXECUTED THE SWC /N HIS/HER/NEM AUTHORIZED CAPACITY(If5). AND NIT BY HIS/HER/THEIR SIGNATURES ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHCH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT WITNESS MY FANO: PLEASE PRINT NAME: COMMISSION NUMBER:_ MY COMMISSION EXPIRES' PRINCIPAL PUCE OF BUSINESS: COUNTY STATE OF CALIFORNIA) ES. COUNTY OF LOS ANGELES) ON , BETORf MC ,NOTARY PUBLIC PERSONALLY APPEARED _PERSONALLY KNUWN TO ME OR PROVED TO ME ON THE 84SIS OF SAT/SFACYORY ENDENCE TO BE THE PERSONS) WHOSE NAME(S) IS/ARE SUBSCRIBED TD THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SKITHEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED C4PAC'71(I0). AND THAT BY NIS/HER/TIoR SIGNATURES ON NE INSTRUMENT. THE PERSGN(S). OR THE ENTITY UPON BEHALF OF WHICH WE PERSON(S) ACTED, EXECUTED INE INSTRUMENT. WITNESS MY HAND: PLEASE PRINT NUKE COMMISSION NUMBER: MY COMMlSS/ON EXPIRES: _ __ PRINCIPAL PULE OF BUSINESS_ COUNTY STATE OF CALIFORNIA) SS COUNTY OF LOS ANGELES) ON , BEFORE ME _, NOTARY PUBLIC PERSONALLY APPEARED PERSONAL✓ KNOWN TO ME (R PROEp low ON WE BaS/5 OF SATIS! CTONY I'W_r TO BE THE PERSON(S) WHO5E NAMf(S) L5/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANO ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SWE /N H151HER/7KR AUTHORIZED CAPACITY(IES), AND IHAT BY H5/HER/THE/R S/FN.WTURES ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OF WINCH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT WITNESS MY HAND: PLEASE PRIM/ NAME ------ COMMISSION NUMBER:_ --- M" COMMISSION EXPIRES: PRN(UPAL PUCE OF BUSINESS: COUNTY PURSLUNT TO SECTION 66436, SUBSECEION OT ME SUBOMSION MAP ACT THE SIGNATURES OF THE FCLLOWNG PARTIES HAVE BEEN OM'ITED, NEIR INTERFST BEING SUCH THAT IT CANNOT RIPEN INTO FEE TIRE AND SVD SIGNATURE IS NOT RCOUIRED BY THE GOVERNING BODY. SOUTHERN CAUFORNA EDISON COMPANY HOLDER OF EASEMENT BY DEED R£C. OCTOBER 1, 1975 AS INSTRUMENT N0. 2885 OF OFFICAL RECORDS. CITY OF DAMOND MR. SUCCESSOR N THE UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES HOLDER Of AN EASEMENT BY DEED REC DECEMBER TJ, 1978 AS /N51. NO. 76-IJ64JIJ OF OFFICAL RECORDS. THE ANDEN GROUP, A GENERAL PARTN£RSHP, HOLDER OF AN EASEMENT BY DEED RCC. DECEMBER 31, 1979 AS NST. NO. 79-1461096 OF OFFICAL RECORDS. THE DIAMOND 347 DEVELOPMENT CORPORATXN. HOLDER OF AN EASEMENT BY DEED RCC DECEMBER J0, 1981 AS NST NO. 81-1174177 OF OFTCAL RECORDS. PUR5w T TO SECTION 664J6, SUBSEL71ON (N)(J)(L), OF THE SUBDIVISION MAP ACT. THE SIGNATURE OF THE FOLLOWING PARTY HAS BEEN OMITTED, WEIR INTEREST BEING SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAO SIGNATURE IS NOT R£OULRED 61 THE GOVERNING BODY. T NSAMEMI OEYfE~NT COMPANY, A CALIFORNA CORPJRATON, SUCCESSOR OR ASSIGNEE PIE OWNERS OF O2 AND MINERAL RIGHTS BY DEED REC. MARCH 25, 1968 AS DOC. NO 2456 IN BOOK G3955. PAGE 185, AND RE-RECORDED JUNE 19, 1969 AS DOC. NO 1776, N BOOT: D4407, PAGE 591, BON OF OFFICAL RECORDS. EASEMENT NOTES `A ITEM INTENTIONALLY D&ITTED /\ EXISTNG EASEMENT TO SOUTHERN GLIFORNA EDISON COMPANY FOR ELECTRIC LINES REC. 10-01-75 AS /NST. NO. 2885 O.R. © REM INTENTIONALLY DELETED. OD EXISTING EASEMENT TO THE ANDEN GROUP FOR DRIVEWAY, INGRESS h EGRESS REL. �� 12 -JI -79 AS INST. NO. 7Y -r467096 O.R. \ E H PEM INTENTONALLY DELETED. OITEM /NTENTIUIMLLY DELETED. '✓� / REM INTENTOI.UY DELETED. ^`H REM 1NENIOILALLY DELETED. ^` l EASEMENT FOR ACCESS PURPOSES OVER LOT N" TO BE RESERVED IN DOCUMENTS. i l EASLNENT FOR SANITARY SEWER PURPOSES GRANTED HEREON O�^/ PRIVATE EASEMENT FOR STREET PURPOSES AND EASEMENT FOR PUBLIC UTLRY AND PUBLIC SERVICES PURPCSES OER LOT N' GRANTEO HEREON. O CASEMENT FOR ACCESS AND DRAINAGE MUNTEWNCE PURPOSES TO BE RESERVED IN �,J DOCUMENTS. OCOS£MENT FOR SLOPE AND DRA GE MAINTENANCE PURPOSES TO BE RESERVED IN DOCUMENTS. THE ROUTE OF THE EXISTING E45EMENT TO NE DAMOND LAP DEVELOPMENT CORPORATION FOR INGRESS, EGRESS AND INSTALUTON AWNTENANCE AND OPERATION OF STORM DRAINS, SEWERS. CABLES 8 CONDUITS REC 12 -JO -8/ AS LIST. N0. 81-1274177 OR. IS INDETERMINATE IN NATURE AND IS THEREFORE UNPL07TABLE NOTES LOTS D. E F, G, P, L J, K AND L ARE TO BE HOMEOWNER'S ASSOCATK)N MAINTAINED OPEN SPACE LOT'S. STATE OF ULfFORNU) SS COUNTY OF LOS ANCELES) ON _. BEFORE ME PERSONALLY APPEARED NOTARY PUBLIC. P£R KNOWN 70 ME OR PROVED TO Mf ON THE BASIS OF S:TSFAC/ORY EYICENC£ TO BE WE SON4L[Y PERSON(S) WHOSE NAME($) IS/ARE SUBSCRIBED TO THE WITHIN NSTMNENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HRS/H£R/THER AUnM2ED CAPACITY(I£S), AND THAT BY HIS/HER/THEIR SeMANRES ON THE NSTRUMCNT THC PERSON(5), OR THE ENTITY UPON BCHAF OF WHICH THE PfRSLN(S) ACTED. EXECUTED N£ NSMWENT W/NESS MY HAND: PLEASE PRINT NAME COMMISS MY 11 -MIM. _ PRINCIPAL PUCE OF BUSINESS: COUNTY ACRAGE: 66.18 EOF TRACT N 0 52267 SHEET 3 OF 16 SHEETS NO. LOTS:6138 . IN THE CITY OF DIAMOND BAR rN�iJ A�(h7'gJ iO Lr //p1 B ij Y J / lP� I ra1°ij-b7rj COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DETAM "A" SHEET 4 BASIS OF BEARINGS 'f.Ti 3-1479 HUNSAKER & ASSOCIATES SAN DIEGO, INC. I OT 1 $} JOHN W. HILL, JR. L.S. 5669 AS 110M BOOK OES 10 94 I00CLVSK OF HAPS. RECORDS 01 LOS AN=S C"?Y.. RAS 111EN AS ME G - q DATE OF SURVEY: AUGUST 1998 ne flAtrs of e[wRmcs SNDWN pv MR YM. -g LEGEND UNSUR4YED r' } BOUNDARY NaG� OUNDYONVAN3A N^✓FD $1 � " � 0\1 m ® JCt SPIRC S Nl5'NER Wlli t<.^ 16 5669' e1 4C 1N7 At MDSE R.'S EC'S � ; =1\� u +, 1` e._ 0 LENRRIRAE ;NIERSfCIroNJ M'S ANO CENIERUNC ,NTERSCCRONS WM MC BLUNOeRr nS SHORN' NEEKCN. y Bazso7 ) 4Vg IES RECORD Win 'ER SR 31179 uB 995-)-1). � (RI) INpG7Es Kcaro Mtn Ka >R 1r 1461 AB e1)-91-ee. TP y3j355 (R1) rNpU ICJ R£LGw9 MSA PER IR 146911 uR S GOLDRUSH DRIVE YI \� � � 15 `S .� (RJ) I ��y�? +� e A .4 - - - -___ ll ,\� � � �� ...= xu..�, .e•rn �'� lNdf rt5 RECORD MIA PER M 31037 MB BJr-11-AS rNdCIRS UNSURYEYEO REALVRDER. 6.09'25'11" (.111.11 'I.Tj d Jl vl (6.09 "I6 '01' 46-11 1.61' RJ) M orlrarr 1 111.01) (N 19" 1 106.3]) W�v N 191. UNSURVEYED REAWNOER PN(CEL _OT 7 n / 1 rJl 4-77'00"o BOUNDARY FOR PURPOSE (`] L=)9➢.J6'l\/ �M L.1Jsss' OF THIS SUBDMS )A( 1 FOR DIMENSIONS. SEE 1 SHEET 4 . \ TIN DRIVE— _ \\/J`I R=]950.00' -1 "1 ,. / L.J0111'R, 16=M '21 'J9' t OWN -]Doo ro'' 8a � a / T;3 33-'82 ��... es o1Z .pw). O?IS!6 9_i 86) A7 {N 1631 55) ZOS X29 li {N 5850 FOUND MONUMENT NOTES �1D. 1' — RIPE — NLFGM[ uc A cr IED AS CORNER PER PY 1751 P.AB. 1 18-16-10 6 M J1179 Y.B. 998-7-17. QFD. SMEEI SL,,1 9NER.tW RIOT BRASS DRC SIAYRCD "CWNIY £-111 2 R.C.C. uM'. QED. Z- — PNE IED k. KYCPRD A5 CORNER FEA IR J 11 YB 912 -IB -51 t m 11.79 AB 998-117. Qa SRWC t wASNa R.LE IZ507 P 1R 114681 A8 BM -73-76 8 M J1179 YB. 998-7-17. R.— RCE 11507. M ]3181 AB BBB -7J-75 LY1 EON 1' C QN SPM'E t Wl4/CR -E 161646 PERM JI911 A. 101]-17-1. Q1D. I' IRON PNE R.CE 9757 PCR PY I75J P. Y.B 18-16-b d N 31179 A8 AAa 998-1-17 /0. EM' W IW1N 1'B 1'0055 IDES N. Z' RAuv PNC wrM IAO U CO IF-- Kr P"Kr KR — L E0`SU DAG © PIPC R-9737 PER PA 1)31 P.Y.B 18-I6-10. 1R JI179 Y.R 998-7-17 8 N J1911 Y.B. 1011-17-N. © f 2'" MPC R.CE 12507 PCR N 331M Y.B. 3BB-73-76 ® N 1 1/1' MOV PK WI DAG U DOW ©SWU7 AMLY YpIRR1ENI Al. X BRRSJ p 5—U W 1975RG OEP1 ' AI 9N£RSE— GMM AITIW.f t p16YCR10 — BOIAEYAAD. ® N 9RNF 9 at 11807 PER T J6JI9 AB 911-18-51. .— R\9ioflor99v. gyp. .;1^ 1_11 IV Iq—HTGHCREST DRIVE � (SEF ShFLT 5 FPP nes) 19'JJ'IJ1 IS).00' 17T )11:60' (N 6511'157 11151) pDtl 175"' J� Ti 1960 2• I 1 )0.00' �\ / .x N 1.10"00£ �\ fN p 03 6w rJd, �Yj 1 J� 1 I /N J rN�iJ A�(h7'gJ iO Lr //p1 B ij Y J / lP� I ra1°ij-b7rj _ DETAM "A" SHEET 4 BASIS OF BEARINGS 'f.Ti 3-1479 (N 11(79965) I OT 1 M 1YM'19TJ (310.00) AS 110M BOOK OES 10 94 I00CLVSK OF HAPS. RECORDS 01 LOS AN=S C"?Y.. RAS 111EN AS ME G - � rEI IJ �N"� 0 Do 2w)6 E) flAtrs of e[wRmcs SNDWN pv MR YM. r N ..q 17 co s {9s (x % 9 UNSUR4YED r' } -��-__REM4NDER X671 N &-1316V11.65) Io 55j'6�1 E �(I GJ'37V) (N 15'16517 9 / (172n) PARCEL 411 :7!t 3669' SU A/ ME TRUE CORNER y Bazso7 ) �J_I��/Ci \\I,v rN rld°J rNa �ssi�d)op�) fN p 03 6w rJd, �Yj 1 J� 1 I /N NSp55]4"g"R',allp61B) ( r 1i. 0t') rN�iJ A�(h7'gJ iO Lr //p1 B ij Y J / lP� (N HF,r095a5a•6 5] �. 1' BASIS OF BEARINGS INC BCAMNL N IS'05'10T LY IW CENIEAI.WE OE [Ru10EE0 (N 11(79965) K8I 7 1 M 1YM'19TJ (310.00) AS 110M BOOK OES 10 94 I00CLVSK OF HAPS. RECORDS 01 LOS AN=S C"?Y.. RAS 111EN AS ME G - flAtrs of e[wRmcs SNDWN pv MR YM. (Il 76"5727W) A�NUE (15.18) MONUMENTATION NOTE ALL LDI NRAFRS. N AJ O* RCCA SHOWN FAG 1. WILL RE YbSUYENRO MMA J//' Ak %PE 1111N IAO 1S 3669' SU A/ ME TRUE CORNER ACREAGE: 86.618TRACT N 0 . 52267 SHEET 4 OF 16 SHEETS N0. OF LOTS: 138 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. s JOHN W. HILL, JR. L.S. 5669 s DATE OF SURVEY: AUGUST 1998 INDEX SHEET & SUBDIVISION BOUNDARY INDIWES SHa7 NUMBER (THIS SHEET ONLY) IL Ivy NSsaa'oat Pte; \/ - IJ7.07• N BlOOOOw 8 7100'OGrt r N� •1]3.0` � SB.07' id OJ3l rST N Ir�'OOw 3'S00�.( �`S' IJp.00 77 ti l 15,--------------------- a KR(ON \Eng 9i �p31y11� 10.00'1=J36.d1"_ J � MAW OELTA 1R4m15 aw- LJ IOTIJ'10'�00.Ltl 5136 [1 89'09'10" M9'79 1100 7011 LS 1IT17'79" (IT78'09% JI8.00 )171 (11.18) Cd 1 1739'79" 1 350.00 110787 [7 0079'10" OT79•ld 150.00 100 CB BJ77}0" (In T! I 11.00 Id.59 L9 ' 181.00 LIG J05W" (JPOI S77 1470 17911 119.50) CII 03'13'39" 1030001106.93 LJi OTJ7'N" lL5000 19337 LJJ 0710'�I" SIB.W 81.65 .CREAGE: 66.618 10. OF LOTS: 135 sc ,. 40. �G \ TRACT NO. 52267 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 e 6 \ ]T' E- v] a W /�l•9.19p � dal �Obl'Ol•IT� N T931�lw / sBo7 u29'' N 29'00Jw 188.16' •..91 N 59'31't1'E 1807 SEE u, DETAILa B" 11.51 JJ L8 _�- 1\�N 2629'1 7w (R) - lo.\. 117 OPEN SPACE I A I � 4.438 ACRES 48 0 BIO' 8334 S.P. I ♦a a x' x' I \ N SMNC d W.tS'NCF .0.E 6762 ALCEPIID 'li AS --PER R CII CENIERCMIE rI 3194 OPEN SPACE I Y.B. 10]1-7T-27 -J7. DETAIL N TS'TT'aw. ICT 00' Nom. NO SCALE NOTES. SEE SHEET NO. 1 FOR EASEMENT NOTES. SEE SHEET NO. S FOR BASS OF BEARINGS AND MONCMENT NOTES. SEF SHEET 10 ",,.9, 919.1— N 71•1775,9 51 79.90• 7826 S.F. 50 Bois SY SHEET 5 OF 16 SHEETS 49 - e7o4 s.r. SUBDIVISION 7 OPEN SPACE 49 57 c ' e7o4 s.r. 7 OPEN SPACE '' 4.438 ACRES 48 0 BIO' 8334 S.P. x' x' OPEN SPACE N TS'TT'aw. ICT 00' Nom. SEE SHEET 9 45 a 52 0 ^I �l.YID Y 2 N 2572'OOw 109.09 N ]J7J'J5T /800• II a — 53 &„ M 54 7938 S.F. h W = .�. NTST2'Ww 10!00• _ u 10"19'28T 1 54 zi 8194 S.P. eo y N 2 x IS"2T'OOw 99.9.' H JO 6 o 30' �M 55 w_ M 9613 S.P. 1 _ - y (R7 J 1 _ N �ST�/p636 10.51' 1 1 or 992 S.P. CJ Fi5 N 861 ]'IIT 49 57 c ' e7o4 s.r. I foo00 S.F. M 48 0 8334 S.P. O e� T OPEN SPACE 9.618 ACRFS SEE SHEET 9 45 TRACT N 0. 52267 SHEET 6 OF 16 SHEETS ACREAGE: 66.618 NO. OF LOTS: 138 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 sc,lE r0. I II SGe ��N 40 o .o eo •4,o '"2• B —E I' = 4,0' m OPENSPACE1r1r05w / 4,470 ACUS ^ 64 m W7 J 9829 S.F. n •�'��?• S oR ' SJ>r 2 65 �B/r• 0789 S.F. y o �� 63 Is N .'j', 9988 S.F. 66 9979 S.P. a� b Ulm N]6]1']17 MO.4, rel rs.l rr 71. ]9'i pg�rk �, NQyg1.r � 67 �$ z -+ ~ 62 9828 S.F. ''' �� 7834 S.P. �N VS N1c, 68 9 61 N•I980 $aa' 8089 S.F. (v/ 8829 S.F. I) ,lt �y yb1q ^\' IB9 .. .. 645t/ S 1450 tco Y `6 60 01 8231 S.F. ! ),CP 111E \ N B6'I]'IIF < os \ I 57 ]25l' N ]9'1/'/37 c 20. 6 N y M 7b b i N 1519'/30 (' '� / x 59 p,o p� r^'�0 ey 7E 9147 S.P.�p0 77 z'8 5J ,b�. �°' E0 p0 B�0'11'r]- 8989 S.F. 78 a 0 79 �E tea' .99 S.F. E�p1 NB 5 a 5�� �E � NOTES: StiF N, 12— '? SEE SHEET NO. 7 FOR 5°'riw k EASEMENT NOTES. p'>5 SEE SHEET NO. 3 FOR BASIS OF BEARINGS AND MONUMENT NOTES. ACREAGE: 66.618TRACT N 0• 52267 SHEET 8 OF 16 SHEETS N0. OF LOTS: 138 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 scN,.e i' ..o, o. SEE SHEET 7 SEE SHEET 6 76 rI 73 9 G W � 9 7 w - N 565.0p7w 65.16 1 o� OPEN SPACE h 4.438 AC1M4 {� �N55 n2�2I4JY \ y L � \) 1511' �• N 7•1.0q• NIT - I� OPEN SPACE3.o3z ACRES N SI'43'S7Y N 5r.5'S7w r69.07 N 5119 �51E 9.31' 4 u -WT 230' / 128 0.8"A nx„ LOT 5 109 d i 9131 B.F. 825'17T lR) oVl �'6 i sa3e es• $ - N11 3-1-'.'-7S h !4 01 45'5176'* II6.75' n ^O` 401. D•ti J. e N 6J1D'C6Y T2 10B �. O 7747 B.F./0/1/ 110'. 110 . k'geQ�N c, aS.18 ' O eo97 107 R.90W .2714' 7570 S.F. ' �, m � 8 /v 0352 B.F. 08 106 �,5� d�'� . 112 7390 S.F. 9200 BF. OPEN SPACE � SAze ACRE9 1JJ1 JJ 113 CS , 7700 B.F. w w .060. sFF b. ” ,� �` NOTES: SEE SHEET NO. 2 FOR EASEMENT NOTES + IJ SHEE1 4 SEE SHEET NO. 3 FOR BASIS OF BE4RINOS i SEE AND MONUMENT NOTES. NO. EOF LOTS: 183 TRACT N 0 . 52267 SHEET 9 OF 16 SHEETS IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 NOTES. SFE SHfFT NO. 2 FOR EASEMENT NOTES. SSHEET N0. J FOR &155 OF 5�'kE' BEAF4 RINGS AND MONUMENT NOTES. •0 E •SH C 5 6 57 40 40 oo '20 SE6 `.���✓o .�y o �:J aP��/ LC f o i/5B 3-14,79 �'� 9931 s.r. 47 a2 r O�nA .4a e: < asvl S.F. NBC 619' R'� � �,'�-'l �b�\N Cj•J� �� '` �, 'P � 9 N�tn 46 NO'fb 7615 S.F. 8 o ✓6y / °- p�.� �y 0 ( h 80 o}p 7945 SF. N J9''i3�o' 45 N Izr4'6r7 Q °M1 • y'E .O / NaT 16.11' "o 2/ 8615 S.F. 9159S.P. J' 17161E 44 6 69a4 S.P. ha ¢ oI ' Ja'111rq rqy �. N2b6a O x Ss•Js'21w � ^. 12.W' N z0rr7swi5 1150. OPEN SPACE O p B2 N 5541600 5.032 ACRES -0 K 4h. 436119 S.F. 9476 S.F. ya 8 l p $ W OPEN SPACE ,,� r h 9.616 ACRES 19.50' N 16)C'OOw 101.W' N 11'17'557 6 0' J N1641'OJw N 7610'OC11' 17400• JG• JC• 5� B3 ry $ a^ 42 v ,473 S.F. _ M $ 9556 SF. 8 N 1610'00w r1l.00' N 1876'197 11.50' N .704 7T n' ISIO'00w 119.00' g 84 „• a � 16.00' I 7561 S.F. 1 'N'o$ 8682 S.F 8 N acla'aow rrl.m" N 7711'007 8 $ 8 1200,. ` h •:1 2 _ N zFr9'caw I IJ.00' W W a E'" M' e'R 85 8 N b9'15'007 a U h= 40 6028 S.F. 8 N IS'0'Ww 11715' N 7009'197 F 17.00 ri 86 N 7724177 N zcm9ow 11109' 8 S.F. 8.8 J 1900' ••cc ^G F1 7567 n a 2 r 39„1.50• ' N Jr11767 8 BT66 9.F. fl � m � � IS �' U N 65a1'15w N 1rlao9w r5am $ 87 7565 S.F. „ 4 11.50' 610' 2 38 x 2FII V I"00• y, u 9995 SF. CSO J:J R.ioIO' I N 1506'11 w (V 119. 0 37 SEE SHEET 1J ACRAGE: 66.18 NO. EOF LOTS:6138 TRACT 1 V O . 52267 SHEET 10 OF 16 SHEETS IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 NOTES, " SEE SHEET NO. 2 FOR EASEMENT S. SEE SEE NOTESHEET N0. 3 FOR 94515 OF BEAR1105 AND MONUMENT NOTES. 40 0 10 60 I20 C) -f i SCALE 1' >: 40' SEE SHEET 5 SUBDIVISION BOUNDARY "nodes 132 (x) 7 20 N SI" Ye44 S.F. � Pp � \ 6•]1'15• " Yid K O Cert IPS ♦Z '\ G�S.5T. T9' a�lCIJ39'.�5�" N �1S.00L-28 '; ��re 1/ N- � � bri 11r 10' _ OPEN SPACE x aroo'a''" . nz3]' / � x .1.mnow 3.316 NCRrs N E6�51 19 n. i' Z ,o m s n 42 0074 4 S.P. 91 a t M 10.09'6 8� �- .�'000w 72I.18' W y N 1T00.00k IIE.OP S $' $ x 'a i g o B 77Y W $ _ 1822 n22 x PSia1w Fx) .F 0334 3. mom. 8107 B.P�—._._—� :1, d><CL-5.27' F O L-s.a7� �],. I ,coo xlrao NxJo'Jowx 112.o0' OPEN SPACE 6.080 ACRE$ N 17 o e 2340 e 8904 S.F. 0128 9.F. 02 = c 1.17' - g N JrJa'ww rum' I N JIJO'00w 109.50' k n ti � 8^ Jw 16 w.a8 24 39 W nR 7603 S.F. „ h R ^� 7030 B.P. 0, A �blr 6 G' ZODF JO' 2 W N JJJJbO' e 1 JSXwl' 1 OI >e' 1 W.00' h _lSra7I InL ae15 aw 25 3 n - 7653 S.F. " 0 7025 S.F. ry n JYJ1'J)' R 1 N Jb'Sd'1e• w 101.00' I S - s6 ti g�. 14 - 7 P. 37 W R 7686 B.F. P < N 171313w 1 118.00' i 27 J 1 ^Ji D SEE SHa7 12 ACREAGE: 66.18 NO OF LOTS:6138 TRACT N 0 . 52'267 SHEET 11 OF 16 SHEETS IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA 40 6 HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 ACREAGE: 66.618 5 2 2 6 7 SHEET 12 OF 16 SHEETS N0. OF LOTS: 138 TRACT N0 . i IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 37 EET 10 SEE SN 40 0 ac zc u 'Q45 27 Oz R IUI _ ,a1 _ _„O 7807 S.F. �-"\o �. J /•: 4p . r� g• _ -' I %p0 4 8437 S.F. p v 1 \ •SwA i265C 1 c o\ w09 S.F. b JJ s?,,1 Nz NOTES: v ,, �V 12 - eo I / "'' ���� SEE SHEET N [' 0. FOR F1.SEMENT `e.S.F.\ NOTES. 8003 v �c SEE SHEET NO. 3 FOR SAS1S 0' v0983 S.F. 29 BEARINGS AND MONUMENT NOTES. R ; � � J �: ^� Me S.F. ` $Nac $ 30 4 6949 S.F. �\ j9 y60 g z\_,� u eio z \ 10181 JJ 10 low S.F. r 31 zalr �� SFF �51g 60 11m p 7495 S.e. OPEN SPACE ", \_� _ 9.022 ACRES ' ' 1)W a.OBVe'I!' �J� T". oU a R-Jzo:9o' J4 a 6, Nb9' O p. 9019 S.F. _� 32 !� 555; O y1• ,� 9799 S.F.95 `'�� VI 5116 Y/ �� J.\ °•.� �� / .41 7 y� a 0881 S.F. 91y �� ° 6•` ` & ti5W �ywy \s ;�N yo-\ � � � _ � '.4. end e%7/ 6 '• \\�� ?°� "�9-i9�E 7855 S.F. a iei8 c J O 8 s 9999 S.F. RCI M1h ,p meq; sa?l�'•st ` `�'1 �•e. $ '& 12544 S.F. GR053 -X''2\Q1 i. �2' �,• N11b 'Y. 21 5 op \ti BBT. e. 9941 S.F. ro W f�.sf / o.. ^} --''7 CT \ a $f b 656 N lPJS'JB 11'x/ ! <• l� \J �Jam. 6513 C e 4 L.17 JI 00 tih9 \ �._ 9251 S.F. .1 N _ 9994 S.F. / `•'de.sr' cc Q \ / 2 m9999 S.F. z ;s. / ?' / 3 .F a oa O 9241 S- _ NITII'ISw y'" a J'r V) 0 OPEN SPACE > a 1.511 ACRES 0 m V SEE SHEET 16 OPEN SPACE 2.722 ACRES ACREAGE: 66.618 NO. OF LOTS: 138 TRACTN 0 . 52267 SHEET 13 OF 16 SHEETS IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 SEE SHEET 9 SEE SHEET B 40 0 40 BD 120 SCALE 1' - 40' LOT 6 Bio. 3-j-"jJ i NOTES. F� SEE SHEET NO, 2 FOR EASEMENT No, -Es. SEE SHEET NO. 3 FOR BASIS OF BEARINGS AND MONUMENT NOTES. i ACREAGE: 66.18 NO. OF LOTS:6138 TRACT N O . 52267 SHEET 14 OF 16 SHEETS IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 SEE SHEET B H OPEN SPACE 3.928 ACRES O OPEN SPACE 4.203 ACRES S`"f�• _ NOTES: \ b SEE SHEET 10. 2 EOR E11111111 NOTES. SEE SHEET NO. J FOR BASIS OF BEARINGS AND MONUMENT NOTES. .o 0 w 00 vo 82 sr;_c r ..o' -rPL NO, 3 J, - r I 8 n h IO. Jy .h t N 8 .8 AI N ,rro'row !a 7272 S.F. 'J 114 •net S.F. — _ �o _ In \� o •0Z' J5, N res'nw R H _ L 115 e i a 77M S.F. H OPEN SPACE 3.928 ACRES O OPEN SPACE 4.203 ACRES S`"f�• _ NOTES: \ b SEE SHEET 10. 2 EOR E11111111 NOTES. SEE SHEET NO. J FOR BASIS OF BEARINGS AND MONUMENT NOTES. .o 0 w 00 vo 82 sr;_c r ..o' -rPL NO, 3 J, - r 116 .h t 7272 S.F. W 100.36' H _ L F 3 N O �$ 117 F C m 121 W' N II'JO'09T O680' U 118 n 8g Io 2842 S.F. W C U GN,CJs 39w R 116 [U•�M1 g /n-, I J ✓ N 5757'10'E 00 b 119 1' 5841 S.F. 8 •M1.i /' arlAye•� c ? 20 f 1 7720 S.F. M H OPEN SPACE 3.928 ACRES O OPEN SPACE 4.203 ACRES S`"f�• _ NOTES: \ b SEE SHEET 10. 2 EOR E11111111 NOTES. SEE SHEET NO. J FOR BASIS OF BEARINGS AND MONUMENT NOTES. .o 0 w 00 vo 82 sr;_c r ..o' -rPL NO, 3 J, - r 18 NO. OF LOTS:6138 TRACT NO. 52267 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES SAN DIEGO, INC. JOHN W. HILL, JR. L.S. 5669 DATE OF SURVEY: AUGUST 1998 SEE SHEET 12 nuwvcR 9curnc iasuvcc u n erss7r usr ca n er3:7r w u9r SHEET 16 OF 16 SHEETS SEE SHEET 15 T r OPEN SPACE u SO T a $. � 1.602 ACRE R •$ O OPEN SPACE Q /o g0- 2.719 ACRES n 8 /SUBDIVISION BOUNDARY M � $bq 1 EIN �1 + O n oroo'oow 19.00' y - DT S / w4 / L4 Ile 1 d -Il � vo \• \ Of� M1 JJ f/R J 8 JJ \ \ 0 OPEN SPACE y �•ir rA 1�® 2.318 ACRES �o \OLA V ��R/ �3J. I\ \ � P r \•(a �\J S1 }� J• 10 0 /0 SQ 1]0 SC�E ' " w• NOTES: SEE SHEET NO. 2 FOR EASEMENT NOTES. J, 29874 SEE SHEET NO. 3 FOR 54S/S OF BEARINGS AND MONUMENT NOTES. ADDENDUM TO FINAL EIR VESTING TENTATIVE TRACT MAP NO. 52267 SCH NO. 97031005 Prepared for: City of Diamond Bar Community Development Department 21660 E. Copley Drive, Suite 190 Diamond Bar, California 91763-4177 Contact: James DeStefano Deputy City Manager Prepared by: BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, California 92626 (714) 444-9199 Contact: Thomas E. Smith, Jr. AICP Principal February 10, 2000 VTTM No. 52267 Addendum to Final EIR TABLE OF CONTENTS Section Page 1 INTRODUCTION.................................................. 1-1 1.1 Purpose of the Addendum to the Final EIR ......................... 1-1 1.2 Overview of Final EIR Certification ................................ 1-2 2 PROJECT DESCRIPTION ........................................... 2-1 2.1 Project Location .............................................. 2-1 2.2 Description of Approved Project .................................. 2-1 2.3 Proposed Mitigation Measure Revision ............................. 2-1 2.4 Focus of Environmental Analysis ................................. 2-2 3 COMPARATIVE ENVIRONMENTAL EVALUATION ........................ 3-1 3.1 Biological Resources Impacts .................................... 3-1 3.2 Other Impacts ................................................ 3-2 Appendix A Biological Resources Management Plan, Helix Environmental Planning, Inc., January 2000 R:%Pm0ds1JDBarU=Addemkim EIR-020700.wpd i Table of Contents VTTM No. 52267 Addendum to Final EIR SECTION 1 INTRODUCTION 1.1 Purpose of the Addendum to the Final EIR This Addendum to the Final EIR 97-2 for Vesting Tentative Tract Map No. 52267 (Diamond Hills Ranch project) has been prepared in accordance with the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000, et seq, (CEQA), the State CEQA Guidelines (Guidelines), and California Code of Regulations Sections 15000. The Guidelines Section 15164(a) states that "the lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." Pursuant to Guidelines Section 15162, a subsequent EIR is only required when: a) substantial changes are proposed in the project which will require major revisions of the environmental impact report because of the involvement of new significant environmental effects or substantial increase in the severity of previously identified effects; or b) substantial changes in the circumstances under which the project is undertaken that would require major revisions to the previous EIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or c) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EI R was certified as complete, shows that: (1) the project will have one or more significant effects not discussed in the previous EIR; or (2) significant effects previously examined will be substantially more severe than shown in the previous EIR; or (3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project but the project proponent declines to adopt the mitigation measure or alternative; or (4) mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects but the project proponent declines to adopt the mitigation measure or alternative. The circumstances outlined above in Section 15162 that would require preparation of a subsequent EIR have been determined to not be applicable to the proposed revision of Mitigation Measure 15 to reflect the provisions of the Biological Resources Management Plan (BRMP) because: RAProjecMWaAJ003 Addendum EIR-020700.wpd 1-1 Table of Contents VTTM No. 52267 Addendum to Final EIR a) the revision to Mitigation Measure 15 does not involve any changes to the proposed project. The same number of residential dwelling units are being constructed within the same impact footprint as analyzed in the Final EIR; b) there are no substantial changes in the circumstances under which the project is being developed that would require major revisions to the Final EIR. The proposed number of lots are being developed within the same impact footprint analyzed in the Final EIR; and, c) there is no new information available that was not known and could not have been known at the time the Final EI R was certified. The preparation of the BRMP is not new information; its development is a provision of EIR Biological Resources Mitigation Measure 1, and BRMP approval by the City is a pre -requisite for issuance of a grading permit. Additionally, Mitigation Measure 15, as originally written, acknowledged that "CSS mitigation sites will be determined in the Biological Resources Management Plan (BRMP) developed for the VTTM No. 52267 project". Therefore, in accordance with Guidelines Section 15164, an Addendum to the previously certified VTTM No. 52267 Final EIR is the appropriate environmental documentation for the proposed revision to Mitigation Measure 15. The proposed modifications to Mitigation Measure 15 are described in Section 2, Project Description, of this Addendum to the Final EIR for VTTM No. 52267. The Biological Resources Management Plan (BRMP) that resulted in the proposed revision to Mitigation Measure 15 is itself required by Mitigation Measure 1 of the Final EIR. The BRMP is provided in Appendix A to this Addendum. All other provisions of the certified Final EIR and the Mitigation Monitoring Program adopted by the City Council will remain unchanged. 1.2 Overview of Final EIR Certification Final EIR 97-2 (State Clearinghouse # 97031005) was certified by the Diamond Bar City Council on October 6, 1998, and the Findings of Fact, a Statement of Overriding Considerations, a Mitigation Monitoring Program and the project were approved. As required by CEQA, a Notice of Determination was filed with the Los Angeles County Clerk and State Clearinghouse subsequent to the Council's approval of the VTTM No. 52267 project. R:\Prg9dSXDBeru003 Addendum EIR-=700.wpd 1-2 Table of Contents SECTION 2 PROJECT DESCRIPTION 2.1 Project Location VTTM No. 52267 Addendum to Final EIR VTTM No. 52267 is a 339.3 -acre site generally located east of Diamond Bar Boulevard and north of Grand Avenue. The site is surrounded by predominately single-family residential development, open space, and vacant land. Land uses adjacent to the VTTM No. 52267 site include: • North—Gold Rush Drive and existing single-family residences. • Northeast—Existing single-family residences along Highcrest Drive and Leyland Drive. • South—Existing single-family residences along Steep Canyon Drive and Grand Avenue, and open space. The vacant open space is a part of VTTM Nos. 52267 and 31479. • East—Open space within VTTM No. 52267 and existing single-family residences. • West—Diamond Bar Boulevard and existing single-family residences further to the west. The VTTM No. 52267 site is located in Planning Area 2 of the City of Diamond Bar General Plan and is designated Planning Area 2/Specific Plan (PA-2/SP); PA-2/SP permits residential development. The General Plan notes that "Appropriate land uses for ... (Planning Area 2) include a maximum of 130 single-family detached residential dwelling units concentrated along the anticipated extension of Highcrest Drive, with a minimum of 75 percent of the total 400 -acre area set aside as dedicated open space." 2.2 Description of Approved Project The approved VTTM No. 52267 project consists of a gated community of 130 single-family detached residences clustered on approximately 65 acres of the site (inclusive of streets, manufactured slopes, and a water tank site). This proposed development was evaluated in the Draft EIR for the VTTM No. 52267 site prepared in July 1997. Approximately 273.6 acres (80.7 percent) of the site will remain in natural open space. The 130 single-family detached residential dwelling units would be located along the proposed extension of Highcrest Drive to an intersection with Diamond Bar Boulevard at Tin Drive. Grading for the residential development will be balanced on the site. Proposed grading would involve approximately 1.8 million cubic yards of cut and 1.8 million cubic yards of fill. The 273.6 acres of open space are being dedicated to the City of Diamond Bar and set aside as public open space as set forth in the City's General Plan for Planning Area 2. Additionally, 86.3 acres (all of VTTM No. 52308) were dedicated to the City as public open space as part of the approval of VTTM No. 52267. 2.3 Proposed Mitigation Measure Revision The project action evaluated in this Addendum to the Final EIR is the modification to Mitigation Measure 15 of the Mitigation Monitoring Program adopted by the City Council when it certified the Final EIR for VTTM No. 52267. As originally written, Mitigation Measure 15 read as follows: RVMects%DBarU003 Addendum EIR-=700.wpd 2-1 Project Description VTTM No. 52267 Addendum to Final EIR "15. The goal of the coastal sage scrub (CSS) mitigation program is to develop two acres of replacement coastal sage scrub habitat for each acre (2:1 ratio) lost to development. Replacement at the 2:1 ratio shall be achieved through implementation of the following approaches on suitable undeveloped portions of the VTTM No. 52267 site or on suitable portions of Lot 9 of Tract 31479: restoration of degraded CSS habitat; development of new CSS habitat in or adjacent to areas of highly disturbed native vegetation; or a combination of these approaches. Side slope revegetation of manufactured slope areas may constitute a portion of the CSS mitigation, as long as suitable conditions are present. The location of the CSS mitigation sites will be determined in the Biological Resources Management Plan (BRMP) developed for the VTTM. No. 52267 project. The following revegetation program will apply to all areas impacted but not replanted with coast live oak and/or walnut woodland species or required for fuel modification. Revegetation shall be implemented in stages. The initial stage will begin during site grubbing and will consist of crushing/mulching scrub, within areas to be graded, with a dozer. The crushed/mulched material along with the top four to six inches of topsoil will then be removed in one operation with a loader or dozer and stockpiled nearby as directed by the project biologist......." The revised Mitigation Measure 15 is proposed to read as follows: 15. The goal of the coastal sage scrub (CSS) mitigation program is to provide a three part mitigation program, as specified in the Biological Resources Management Plan (BRMP) prepared by the applicant and approved by the City of Diamond Bar, that would provide for: preservation of 106.6 acres of onsite CSS habitat; • preservation of 13.19 acres of CSS habitat offsite through the dedication of VTTM No. 52308 to the City of Diamond Bar; and • and hydroseed revegetation with CSS species of approximately 13 acres of graded slopes on the VTTM. No 52267 project site. In total, 132.79 acres of coastal sage scrub mitigation would be provided for the approximate 18.7 acres of onsite habitat that would be impacted by development. This would constitute a mitigation ratio of 7.1 to 1 ( 7.1 acres of preserved/revegetated habitat for each acre of CSS habitat lost to development). 2.4 Focus of Environmental Analysis The analysis in this addendum focuses on the biological resources impacts of the modification to Mitigation Measure 15 of the VTTM No. 52267 Final EIR. R:1Project MBaAJ003 Addendum EIRt20700.wpd 2-2 Project Description VTTM No. 52267 Addendum to Final EIR SECTION 3 COMPARATIVE ENVIRONMENTAL EVALUATION This section analyzes the potential effects to biological resources that would result from the proposed revision to Mitigation Measure 15 described in Section 2. 3.1 Biological Resources Impacts Final EIR 97-2 indicated that the VTTM No. 52267 project would impact a variety of biological resources within the approximate 65 acres that would be developed with single-family residential uses. The following biological habitats were identified in the EIR as being impacted by the development of VTTM No. 52267: TABLE 1 VTTM NO. 52267 BIOLOGICAL IMPACTS Venturan-Diegan Transitional Coastal Sage Scrub 125.2 18.7 106.6 Scrub Oak Chaparral 37.7 8.5 29.2 Poison Oak Chaparral 0.9 0.0 0.9 Annual Grassland 67.7 27.7 40.0 Ruderal 4.2 0.0 4.2 Mule fat Scrub 1.3 0.0 1.3 Southern Willow Scrub 0.9 0.0 0.9 Southern Sycamore Riparian Woodland 1.7 0.0 1.7 Coast Live Oak Woodland Coast Live Oak Trees Walnut Trees 48.3 Unknown Unknown 9.6 410 trees 20 trees 38.7 Mexican Elderberry Woodland 4.5 1.1 3.4 Walnut Woodland 40.1 0.0 40.1 Disturbed/Developed Areas 1 6.7 0.1 6.6 Total 1 339.3 65.7 273.6 Source: EIR 97-2, VTTM No. 52267, adopted October 6, 1998 The adopted Final EIR and Mitigation Monitoring Program approved by the City Council specified mitigation measures to address the biological resources impacts noted in Table 1. The revisions to the Mitigation Measure 15 would not change the acres of habitats impacted by the proposed project. As originally written, Mitigation Measure 15 required the development of 37.4 acres of revegetated CSS habitat (2:1 ratio). The mitigation measure provided that a portion of this requirement could be met through "side slope revegetation of manufactured slope areas......., as long as suitable conditions are present." The BRMP, which has been reviewed and approved by the City's RVrojectsMarU003 Addendum EIR-020700.wpd 3-1 Comparative Environmental Evaluation VTrM No. 52267 Addendum to Final EIR biological consultant, indicates that suitable conditions are present within manufactured slopes with south, east, and interior orientations for revegetation (Figure 6 of BRMP). Approximately 13 acres of manufactured slopes would be hydroseeded with a mix of CSS vegetation (BRMP, page 6). The balance of the 37.4 acres that would need to be addressed for compliance with Mitigation Measure 15 as originally written, equals 24.3 acres (37.7 acres minus 13 acres of hydroseeded slopes). The revised mitigation measure incorporates the provisions of the BRMP that relate to manufactured slope revegetation and would therefore also comply with the manufactured slope revegetation component of the original Mitigation Measure 15. Subsequent to certification of the Final EIR, the BRMP was prepared. During development of the revegetation and oak tree replacement elements of the BRMP, the applicant's biological consultant determined that local agencies responsible for biological resources mitigation in Southern California, as well as state and federal resources agencies, were preferring preservation of existing CSS habitat instead of revegetation programs. This emphasis recognizes the inherently long periods needed for the establishment of CSS revegetation (typically 5-10 years) and the relatively limited success of revegetation in providing habitat that supports wildlife species. The BRMP analysis indicates that the provision of the 106.6 acres of onsite and 13.19 acres of offsite CSS habitat would provide greater compensation for the 24.3 acres of additional CSS revegetation that were specified by the original Mitigation Measure 15 because the preserved CSS areas are relatively large blocks of high quality contiguous habitat that would provide more biological resources value to wildlife than would a revegetated 24.3 -acre area. The City's biological consultant has validated this conclusion. Considering these factors, it appears that the revision to Mitigation Measure 15 generated by the BRMP is a viable CSS mitigation program and that new significant impacts to biological resources on the 273.6 -acre undeveloped portion of the 339.2 -acre project site would not occur. Further mitigation is not required. 3.2 Other Impacts The proposed revision to Mitigation Measure 15 would not affect any other environmental impact topics evaluated in the Final EIR for VTTM No. 52267. RVrojeGsWarU003 Addendum EIR-020700.wpd 3-2 Comparative Environmental Evaluation APPENDIX A Biological Resources Management Plan Helix Environmental Planning, Inc. January 2000 BIOLOGICAL RESOURCE MANAGEMENT PLAN September 17, 1999 Revised January 28, 2000 Prepared for: DIAMOND HILLS RANCH PARTNERS 5109 East La Palma Avenue, Suite D Anaheim, California 92807 Prepared by: HEIS ENVIRONMENTAL PLANNING, INC. 8100 La Mesa Boulevard, Suite 150 La Mesa, California 91941-6452 Diamond Hills Ranch Property Biological Resource Management Plan TABLE OF CONTENTS Number Section Page I. PURPOSE AND GOALS OF THE BIOLOGICAL RESOURCE MANAGEMENT PLAN .......... 1 II. PROJECT SUMMARY A. Project Description and Location ................................................. B. Environmental Setting/Site Condition Description.................................... C. Project Impacts............................................................... D. Mitigation Needs.............................................................. 1. Diegan Coastal Sage Scrub .................................................. 2. Coast Live Oak Woodland/Walnut Woodland.................................... III. ESSENTIAL PLAN PARTICIPANTS A. Project Proponent............................................................. B. Landscape Architect........................................................... C. Restoration Specialist.......................................................... D. Installation Contractor.......................................................... E. Maintenance Contractor........................................................ 2 2 3 5 5 5 7 IV. RESTORATION DESIGN CONCEPTS .................................................. 9 V. RESTORATION PLAN IMPLEMENTATION GUIDELINES ................................ y A. Timing for Seeding............................................................ 9 B. Protection of Habitat Outside the Restoration Areas During Project Construction........................................................... 9 C. Protection of Adjacent Habitat During Restoration..................................10 D. Permanent Protection of Restored Areas ........................................... 10 VI. RESTORATION PLAN DETAILS A. Reuse of Topsoil.............................................................. B. Seed Specifications........................................................... C. Contract Growing/Plant Sources................................................. D. Substitutions................................................................ E. Plant Inspection.............................................................. F. Soils and Site Preparation...................................................... G. Protection Measures.......................................................... H. Planting Timing and Methods ................................................... I. Hydrology.................................................................. J. Irrigation Plan ............................................................... K. Soils....................................................................... L. Specific Requirements for Oak Woodland ........................................ . 1. Planting Requirements..................................................... 2. Field Plan Layout and Spacing of Container Plants ............................... 3. Planting Methods......................................................... 4. Protection from Herbivory .................................................. M. Cost Estimate................................................................ 10 10 11 13 13 13 13 14 14 14 14 15 15 15 16 16 16 16 TABLE OF CONTENTS (cont.) Number Section Page VII. MAINTENANCE................................................................... 16 A. General Maintenance.......................................................... 16 B. Monitoring/Maintenance Schedule ............................................... 17 C. Weeding.................................................................... 18 D. Replacement Planting......................................................... 18 E. Trash and Debris Removal ..................................................... 18 F. Pest Control ................................................................. 18 G. Fertilization................................................................. 19 VIII. MONITORING..................................................................... 2 19 A. Schedule ..................................................................19 Jurisdictional Delineation.............................................................. 3 B. Content of Monitoring Reports ............. . .................................... 5 19 C. Success Criteria.............................................................. RestorationPlan ...................................................................... 19 1. Cover by Exotic Species (Weeds)............................................21 2. Sampling Techniques......................................................21 3. Photographic Documentation................................................22 4. Species Diversity and Recruitment............................................22 D. Potential Remedial Actions ..................................................... 22 IX. OTHER MITIGATION MEASURES....................................................... 22 X. COMPLETION OF MITIGATION.......................................................... 24 A. Notice of Completion......................................................... 24 B. ACOE and CDFG Confirmation ................................................. 24 XI. LITERATURE CITED............................................................ 25 APPENDIX A Federal and State Jurisdictional Definitions APPENDIX B Wetland Delineation Field Data Forms LIST OF FIGURES Number Title Follows Paee Project Vicinity Map.................................................................. 2 ProjectLocation Map................................................................. 2 Jurisdictional Delineation.............................................................. 3 ImpactsMap........................................................................ 5 Vegetation and Sensitive Resources......................................................5 RestorationPlan ...................................................................... 5 LIST OF TABLES Number Title Page 1 Coastal Sage Scrub Seed Mix ....................................................... 12 2 Maintenance Monitoring Schedule...................................................17 3 Maintenance Schedule............................................................l7 4 Success Criteria Milestones........................................................ 21 ff I. PURPOSE AND GOALS OF THE BIOLOGICAL RESOURCE MANAGEMENT PLAN The purpose of this Biological Resource Management Plan (BRMP) is to meet the requirements of the Mitigation Monitoring Program (MMP) for Vesting Tentative Map No. 52267, and to provide details for the mitigation of coast live oak woodland, Diegan coastal sage scrub, walnut woodland, and streambed impacts within the approved project, as required by the project's certified Final Environmental Impact Report (EIR) (City of Diamond Bar 1997). The goal is to restore and enhance habitat values within slope areas created by project grading to mitigate for habitat that would be disturbed by construction of the proposed project. The restored areas are expected to approach the function and value of their pre -disturbed states in the future. Condition 1 of the MMP states the following: 1. Prior to the issuance of a grading permit, a Biological Resource Management Plan (BRMP) will be submitted to the City of Diamond Bar for approval. This BRMP will specify design and implementation of biotic mitigation measures, including habitat replacement and revegetation (in temporary impact areas), protective measures during construction, performance (growth) standards for replacement habitat, maintenance criteria, and monitoring requirements. The Draft BRMP will also be reviewed by the United States Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), and the United States Army Corps of Engineers (USACE) as applicable to their jurisdictions. The primary goal of the BRMP will be to ensure the long-term perpetuation of the existing diversity of habitats in the preserved areas and adjacent development transitional areas. The BRMP shall contain at a minimum the following: a. Identification of habitats (including individual oak and walnut woodlands) to be removed, and the locations where these habitats are proposed to be restored or relocated. b. Procedures for vegetation analyses of adjacent protected habitats to approximate their relative composition, and site preparation activities (clearing, grading, weed eradication, soil amendment, topsoil storage), irrigation, planting (container plantings, seeding), and maintenance (weed control, irrigation system checks, replanting). This information will be used to determine the mitigation requirements in the revegetation areas. C. Sources of plant materials for mitigation areas and methods of propagation. d. Specifications for maintenance and monitoring of re-established habitats, including weed control measures, frequency of field checks, and monitoring reports for temporary disturbance areas. e. Specifications and performance standards for growth of re-established plant communities. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA 10 / January 28, 2000 f. Remedial measures to be implemented if performance standards are not met. g. Methods and requirements for monitoring of the restoration/replacement areas. h. Measures for topsoil preservation and erosion control. i. Location of protective fencing around environmentally sensitive areas and construction staging areas. Prior to initiation of any site grading or equipment mobilization onto the project site, an eight foot high chain link fence with a two foot long cantilever section angling inward (toward the site) shall be installed along the western site boundary abutting Diamond Bar Boulevard and extending from the northern boundary of the Los Angeles County Flood Control Easement (near Steep Canyon Road) to Gold Rush Drive, and extending easterly along Gold Rush Drive for a distance of approximately 400 feet to the property boundary comer. The fence shall be maintained and shall remain in place until the first occupancy permit is issued by the City of Diamond Bar. j. Specification of the purpose, type, frequency, and extent of chemical use for insect and disease control operations as part of vegetative maintenance within sensitive habitat areas. k. Specific measures for the protection of sensitive habitats to be preserved. These measures will include, but are not limited to, erosion and siltation control measures, protective fencing guidelines, dust control measures, grading techniques, construction area limits, and biological monitoring requirements. During development of the final landscape plan and project entry design plan, the City's biological consultant shall work with the applicant to ensure that provisions are incorporated into these plans that would not limit wildlife movement across the project entry road and adjacent manufactured slopes. The BRMP is separated into separate sections for coast live oak woodland/walnut woodland mitigation and streambed mitigation, Diegan coastal sage scrub mitigation, and "other" mitigation as required by the MMP. Portions of the restoration planning requirements will be the same for all of the habitats being restored. These sections will be provided in the Diegan coastal sage scrub section, and will not be repeated in the remaining habitat sections. II. PROJECT SUMMARY A. PROJECT DESCRIPTION AND LOCATION The project site is located on 339.3 acres in the City of Diamond Bar in southeastern Los Angeles County (Figures 1 and 2). The site is surrounded by low- to medium -density residential areas. The City of Diamond Bar has designated the property as PAZ -Residential for 130 units, which permits residential, commercial, recreational, public facilities, and other land uses (MBA 1992). HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 2 I La Isaazl U ... AS !N ,t SANGAB I L 100 4 Mt an ^, % 0 Niddf P f V i on e C+brie. I 3692• GELES yen NA r` FOR !/� 1p 6164 • $tr ... w ,Ae °A,►ICL erry„� i► `wu.o[,II[,s i _ 1 ... �'Ujylw•� ! 8 ' ''mss/5 � - to n r Boa 6aP • �-- t e Yeid°p Bente ° mc of a �03tn co well Res e Ilia Flintr Montro t a e i YS 41 t tt j� to UI15j ur r, Ita C 6 Morris R La Isaazl U ... AS !N ,t Wrghtwood i ISul AJ 100 4 Mt an ^, % 5626 • r \ �•F •. C+brie. I c: u' Mt Bald, YGAM A ` !/� 4007\1 ^voir _ 1 •+�.'? Sant), 8 ' ''mss/5 � - to �I j � n y —•llu• • • �-- DI. Bad v ��� Y, Pedley arco A •Sierra �y, Mai % !/� 4007\1 •+�.'? Sant), - to X789 � '276: Silverado•. �. , ... 1775 • ,� 41 r ' rAnSantia o,' Mod)eak s m s S .�Ge• =C •E LAN D% u,c • la rrvvtiTTrw. L 70010 7 MARIA[ C A ria o G • N'gTCO V t. L/�. �' 1474 '� �; J .: ; 1 'sion 5 ek , Si 3277J 'e FOR CST, yon% �'yc�.� NiQueVHlll an an Capistr ino I Dana; Itlel a Point Pot CaPiStra' o Beah s _ Margarita Pk 1 sA y' ►ac �/. S temente L .s4Ar acAen �,_�+sge Project Location Map I I I x DIAMOND HILLS RANCH figure P_ The project proposes the development of 130 detached residential lots within the 339.3 -acre site. The lot building pads will be a minimum of 6,000 square feet each. Primary access to the property will be from Diamond Bar Boulevard to the west, while secondary access will be from Hillcrest Drive in the residential area to the east. Of the 339.3 -acre site, approximately 65.7 acres will be impacted with 273.6 acres on site left undeveloped. Included within the impacted areas are residential lot pads, one water reservoir, fill slope areas, and most of the fuel modification zones. In some areas, the irrigated fuel modification zone (first 100 feet) extends beyond the graded areas into open space and is considered an impact. Approximately 5.4 acres of the 65.7 acres being impacted is accounted for by fuel modification zones outside of graded areas. B. ENVIRONMENTAL SETTING/SITE CONDITION DESCRIPTION The project site is situated amid the eastern portion of Puente Hills. The site drains generally east to west via several deep ravines divided by steep and narrow ridges. To the east lie the Chino Hills while to the north lie the San Jose Hills. Present land use on site is restricted to power lines operated by Southern California Edison; otherwise, the land is undeveloped. Residential and commercial developments surround the property. Since the project site is completely surrounded by development, it is considered an island of habitat from a wildlife movement standpoint. Local populations of animals likely are self-contained within the site, benefitting from natural movement corridors between the various on-site topographic features. Some interchange of wildlife from off-site open space, especially birds and larger mammals likely occurs to the west into city park lands. Elevation of the site ranges from approximately 800 to 1,330 feet above mean sea level. Eleven vegetation communities occur on the project site: Diegan coastal sage scrub (including disturbed), coast live oak woodland, walnut woodland, southern sycamore riparian woodland, elderberry woodland, mule fat scrub, southern willow scrub, scrub oak chaparral, poison oak chaparral, ruderal, and annual grassland (Figure 3). Disturbed and developed areas also occur on the site. The Diegan coastal sage scrub on site dominates south -facing slopes and also occurs in patches amid the coast live oak woodlands on the project site. Some of the typical plants found within the Diegan coastal sage scrub on site include California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), laurel sumac (Malosma laurina), black sage (Salvia mellifera), and coastal prickly -pear (Opuntia linoralis). Much of the Diegan coastal sage scrub on site appears to have reached the climax stage, due to the high degree of shrub overlap and very low herbaceous cover. On-site disturbed portions of Diegan coastal sage scrub have a higher component of annual grasses and noticeably less shrub cover than undisturbed Diegan coastal sage scrub areas. Approximately 125.3 acres of this plant community occur on site, 0.4 acre of which is disturbed. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 3 ............... ... . . ....... ... ........ —N Waters of the U.S. < I,, ...... . ... ...... . . . . . . . . . . . ........ . . ............ I .. .. ....... . ...... . ........ .... .... - Waters of the U.S. I . ....... ........ .. ......... Waters of the U.S. < 1 "t. ......... .. .. ....... .... . ... ........... ... .. .. ............ :Tz . Waters Of the VS. 1' w a ., E€ f { , }.r .......... . . ... ..... J A Waters of the U.S. 2' —;M i . .......... i f ... ....... . ....... ........ V f .......... , 'z Waters of the U.S. < 1...... ......... I V V\ AV . . ..... J i jpQ ... ............ x 1.6 ............... . . . ..... - N .......... . .......... .. LEGEND Z4 Waters of the U.S. 1 ACOE jurisdictional Waters of the United States/ VII CDFG Jurisdicitonal Streambed CDFG Jurisdicitonal oak woodland/OWaN Ow ....... �.:r . ....... .......a #140 Sample plot . ......... Project boundary X...... Project impact area Coast live oak woodland occurs in the outer portion of the central California coastal mountain ranges and extend south into Baja California, Mexico occurring between 500 and 4,500 feet in elevation. The dominant plant in the on-site oak woodlands is coast live oak (Quercus agrifolia), which typically reaches a height of 12 to 70 feet, forming an incompletely closed canopy, with an understory herbaceous layer approaching 80 percent cover. Minor tree components include California walnut (Juglans californica), blue elderberry (Sambucus mexicana), and western sycamore (Platanus racemosa). Shrub components are primarily composed of toyon (Heteromeles arbutifolia) and poison oak ('Toxicodendron diversilobum). On the project site, coast live oak woodland is found mainly along steep, north -facing slopes and in ravines. It intergrades with walnut woodland and scrub oak chaparral on xeric slopes and with southern sycamore riparian woodland in drainage courses. Areas within drainages have the most dense canopy. The coast live oak woodland on site is of an overall high diversity and quality. Approximately 48.3 acres of coast live oak woodland occur on site. Walnut woodland occurs from the south side of the San Gabriel Mountains to the Santa Ana Mountains, mostly between 500 and 3,000 feet above mean sea level. On the project site, it is dominated by the California walnut, with coast live oaks and blue elderberries as more minor components and a well developed understory of shrubs and herbaceous species. Some of the typical shrub understory components include toyon, poison oak, scrub oak (Quercus berbidifolia), laurel sumac, black sage, and fuscia- flowered gooseberry (Ribes speciosum). This habitat occurs primarily on the north -facing slope adjacent to an unnamed stream that passes adjacent to Steep Canyon Road in the central portion of the project site. Approximately 40.1 acres of this woodland occur on site. Two primary regional issues to consider are the presence of wildlife corridors and the importance of the habitats on site. The project site does not function as an important regional wildlife corridor because it is entirely surrounded by development. Local corridors likely exist between the northern and southern ends of the site, but these are restricted to use by the resident animal species. From a habitat standpoint, the site supports a variety of undisturbed native plant communities, some of which are restricted in distribution. Habitats that are of special regional importance include coast live oak woodland, Diegan coastal sage scrub, walnut woodland, southern sycamore riparian woodland, and southern willow scrub. Since the City of Diamond Bar was incorporated, it has used the Los Angeles County Development Code temporarily pending completion of its own code. The County of Los Angeles identified the Tonner Canyon/Chino Hills area within the City of Diamond Bar sphere of influence as part of Significant Ecological Area (SEA) No. 15. The Tonner Canyon/Chino Hills SEA was established to preserve some ofthe remaining undisturbed stands of oak woodlands, walnut woodlands, coastal sage scrubs, chaparral, and riparian woodland in eastern Los Angeles County. An SEA Technical Advisory Committee was established for evaluating all projects in the City of Diamond Bar in and adjacent to the Tonner Canyon/Chino Hills SEA for potential effects to resources within the SEA. The project does not impact the Tonner Canyon/Chino Hills SEA and has the added benefit of preserving target habitats which are also being conserved within the SEA. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 4 C. PROJECT IMPACTS Approximately 18.7 acres (15 percent) of Diegan coastal sage scrub, 9.6 acres (20 percent) of coast live oak woodland (410 individual oaks), 1.1 acre (25 percent) of elderberry woodland, 8.5 acres (23 percent) of scrub oak chaparral, 27.7 acres (41 percent) of annual grassland, and 0.1 acre (1 percent) of disturbed/developed will be impacted by the project (Figure 4). This is more fully described in the certified Final EIR (City of Diamond Bar 1997). D. MITIGATION NEEDS 1. Diegan Coastal Sage Scrub Mitigation for Diegan coastal sage scrub will include three mitigation measures: 1) On-site dedication of 106.6 acres (85 percent) of Diegan coastal sage scrub to open space; 2) Off-site dedication of 13.19 acres of Diegan coastal sage scrub as part of the 86.25 acre dedication of VTM No. 52308 to the City of Diamond Bar (Figure 5); and 3) restoration of approximately 13 acres of fill slopes outside of areas required for fuel reduction zones with Diegan coastal sage scrub species. Approximately 125.3 acres of Diegan coastal sage scrub occur on site, with the largest contiguous blocks located in the southern - half of the site. Two fairly large blocks of habitat do occur along the western and eastern edges of the northern half of the site. None of the Diegan coastal sage scrub on site is occupied by the coastal California gnatcatcher (Polioptila californica californica). Approximately 18.7 acres (15 percent) of Diegan coastal sage scrub will be impacted by the project. A majority of the Diegan coastal sage scrub impacts occurs as small patches of five acres or less in size and along the fringes of the larger patches in the northern portion of the site. In addition to the 106.6 acres (85 percent) retained on site (a majority of which occurs in larger contiguous blocks), graded slope areas on the project will be revegetated with Diegan coastal sage scrub (Figure 6). These areas total approximately 13 acres. This results in an on-site preservation ratio of 6.4:1. In addition to the habitat preserved and restored on site, an additional 13.19 acres of Diegan coastal sage scrub and 1.72 acres of coast live oak woodland will be preserved off site as part of the 86.25 acre dedication of VTM No. 52308 to the City of Diamond Bar (Figure 5). This brings the total on- and off-site preservation ratio for Diegan coastal sage scrub to 7.1:1. Regional Context Mitigation for impacts to Diegan coastal sage scrub can include on- and/or off-site habitat preservation, habitat restoration, or both. More recently, habitat restoration has been limited to key corridor areas and restoration of project slopes adjacent to preserved habitat in a majority of the jurisdictions in southern California, with the focus primarily upon on- and off-site preservation. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28,2000 5 � I•`.C55'!� '�: <`.t •i'7 Y - �•• '>' '.POCK il'' , NAV -7 -ow yam•• •.CSS. WM rpt y ' Y`�:' .. ,. f` :,.�•',.. •!rMFS MF ;> ':• , 11 �I �•.' ;,; �,, ))!lll , ,!. `• ' •! •'f'_t�ii/yyyy�.+.'J+�'.s ; �i -' :•:. �'� : �. �t' s'��'{}�'•.\' f�7�.i :~�:` �'�:': � J/),• ) !�! . � '•/ 0 / ;�'i�%'N�.-•:.+� �'• � f'/�. •' +,,!. r i •� �•� t,) + •\\\gid.: :SOC .�•` •''1111v // . i, .,• "O/D • '� •r.; "�!!1j � l''+'.� '��.{if. -.: '•7, 7 t,��' :`r.• ,:`•y``Il,iy. f /� �ri:ICP `'1 7 Ir ' % i:+ .�✓ ...AG�_ _ ���' �� •r:.iSOC''�', r �i Ly`' , ��'�` ;i ��i CANYON RD. .: �;' _ =L' ,i=. :; • ��1��ti� .� ',., _ ` \_��''• � .:.�� 4 '� •yC• �. •.� ,` '.,`\• 'f ..fin }.f '_ �II i \!•�/� Irl l }'� ♦ ..✓, W '\ S%+/ .:,,•1. 01, a 1�.;.,.">., •.C.�fi� ._l /. GRADED AREA IMPACTS i`/ I ` �WW� �� r� FUEL MODIFICATION IMPACTS.! `"_f �.r1,Q.r.>f(j��(IN (outside grading limits) DID \ / ,G-_ _~` �� Y�l r, �11,Q1. i.�,'��:'.11 S it'•s' �� !��' LEGEND t�. _ 1�,��''`��' `.'\ •''" :i "" �• � Il AG ANNUAL GRASSLAND!w l�!!D. `�- �. t't :; -' r �s� '1 �•';�.• .�! 1 �I. CSS DIEGAN COASTAL SAGE SCRUB 1r �' ` �l r' /,-`'%%' •' r J C55 -D DIEGAN COASTAL SAGE SCRUB -DISTURBED i•� y.�, , �.�.� 1 � � ,_ • :,;.,.Q • . , �, / /• � � •�.� DID DEVELOPED/DISTURBED I !7 EW ELDERBERRY WOODLAND MFS MULE FAT SCRUB OW COAST LIVE OAK WOODLAND tt ^'_ ..: i {r ': , '`I ', . , .i (�, i. \,� • dr, t,. i POC POISON OAK CHAPARRAL f' I I • ' ' '�� 1N' ' S '`+ RUD RUDERAL SOC SCRUB OAK CHAPARRAL _./^/ "``': , X. ;_ : t . \,'� 't�'4�t, .Cf¢;�; A •� %1 SWS SOUTHERN WILLOW SCRUB �-:•`" C• SS ^„ SYC SOUTHERN SYCAMORE RIPARIAN WOODLAND r WW WALNUTWOODLAND `�I,a\ ,v(:/ �+~ ^. '1 ti•. , ,:ti♦ :!� SENSITIVE SPECIES "T✓' , „� Ce5'S I y.-;, j�'� i/ Cactus Wren (Pair) ✓ \\ t l ,��� _ -3 ,1, \�- ,::: nor t (Campylorhynchys brunneicapillus) ,,` _ i s ,7• ., Q Coastal Whiptall f, „` �;�.: '1 ,=,1j'. J (Cnemidophorus tlgris multiseutatus) tt Cooper's Hawk �(�, S )•ii?: (Acclplter cooperll) ci <\ w Southern California Rufous -Crowned Sparrow Ni ��'r)'•'�f�` • •� = = (Atmophila ruflceps canescens) ��r %�' �It p White -Tailed Kite (Pa1r) _' ey `'CSS:>$' 1•� 0 490 "yam '; %.'1• t7c/obsr3,1996 • 1 (Elanus leucurus) source: HunsakerbAssoelatesl -; ' . SID��� �`I ��•J SweetwaterEnvlronmenta, .0 Raptor Nest . "•�. 1 Biologists, Inc. 16*iz ..AG" E R iWX AG C % w AFW MFS MF D/D STEEP T CANYON. D. ••W. WW. A'G -9) -A Aw. ill AG E GRAD D AREA IMPACTS r C, • FUEL MODIFICATION IMPACTS %w W!1'- C (outside grading limits) so 0/0 A % LEGEND`Qw ..4' AG ANNUAL GRASSLAND "N CSS DIEGAN COASTAL SAGE SCRUB - - - - - - - - - - - - - - -r%Acv., A rcc.n nicnlimi "filliff AMW-T7%M�ql-w --_ I alf N' \ m"- 1� Mitigation requirements and ratios for Diegan coastal sage scrub vary throughout southern California depending on the jurisdiction in which the impact occurs, and a variety of other factors including: 1) Habitat Planning Programs; 2) occupation by the coastal California gnatcatcher; 3) on-site preservation and on-site preserve value; and 4) habitat quality. Habitat Plannins Programs Jurisdictions such as the City and County of San Diego and the County of Orange have implemented habitat -planning programs such as the Multiple Species Conservation Program as part of the Natural Communities Conservation Program (NCCP). Within these plan areas, preservation areas and impact areas have been identified, and mitigation ratios have been established. Prior to the implementation of these plans, mitigation ratios varied from less than 1:1 to up to 3:1. Upon implementation of these plans, the ratio has been standardized, with the ratio varying from 1:1 to 2:1 depending on the plan, and the location of the impacts and preservation relative to regional preserves. Mitigation requirements within these plan areas focuses on habitat preservation rather than habitat restoration. The on-site preservation ratio for Diamond Hills Ranch of 5.7:1 exceeds ratios required for any of these plans, and is also much higher than what was typically required prior to implementation of these plans. Similarly, the oak woodland preservation ratio is higher than that typically required, and when combined with proposed on-site restoration, will result in no net loss of oak woodland on the property. Occunation by the Coastal California Gnatcatcher Some jurisdictions (i.e., County of Riverside) typically have higher mitigation ratios for Diegan coastal sage scrub that is occupied by the coastal California gnatcatcher. Additionally, if the habitat is occupied, the U.S. Fish and Wildlife Service (Service) retains jurisdiction under the Federal Endangered Species Act. For jurisdictions not enrolled in NCCP such as the City of Diamond Bar, the Service typically recommends mitigation ratios for occupied habitat impacts of 2:1 to 3:1. The Service does not have jurisdiction over unoccupied habitat for jurisdictions not enrolled in the NCCP, however. The Diegan coastal sage scrub on site is not occupied by the coastal California gnatcatcher, and the closest known occupied habitat is at least five miles from the site. On-site Preservation and On-site Preserve Value Mitigation ratios typically vary depending on the long -tern habitat value of areas being retained in open space. Larger contiguous blocks of habitat have higher value than small blocks of habitat. Additionally, habitat that is connected to other habitat blocks off site is of higher habitat value. Approximately 273.6 acres of habitat including 106.6 acres of Diegan coastal sage scrub are being retained in contiguous open space on site. If the oak woodland restoration occurs on site, it will add to the overall value of the habitat on site. A 273 -acre block of habitat is large enough to support a diversity of wildlife over the long term, provided there is periodic interchange of genetic stock from other sites, especially for bird species. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 Habitat Quality Habitat quality of both the habitat impacted and the habitat preserved often affects mitigation requirements, especially in jurisdictions that do not have a jurisdiction -wide habitat planning process in place. The Diegan coastal sage scrub and oak woodland habitat being retained on site is the highest quality habitat on the parcel. Given these factors, the amount and quality of Diegan coastal sage scrub habitat being retained on and off site would fully mitigate project impacts to this habitat. 2. Coast Live Oak Woodland/Walnut Woodland Mitigation for coast live oak woodland and individual walnut trees would be accomplished by on-site dedication of 38.7 acres (80 percent) of coast live oak woodland, 40.1 acres (100 percent) of walnut woodland, off-site dedication of 1.72 acres of coast live oak woodland (VTM #52267, secondary parcel) and restoration of coast live oak woodlands and walnut trees on site (Figure 6). Based on the Los Angeles County Oak Tree Ordinance, the amount of oak transplantation is established based on the diameter and number of oaks impacted at a replacement ratio of 2:1. A total of 1,116 coast live oaks will be planted in fill slopes. Since 20 to 30 California walnuts are scattered within the coast live oak woodlands being impacted on site, they should be part of the restoration. It is recommended that impacted walnuts be replaced with 40 replacement trees. The table below summarizes the size of trees recommended for mitigation in the oak tree ordinance. < 36" Trunk DBH (diameter at breast height) 2:1 replacement one 5 -gallon container 36-38" Trunk DBH > 48" Trunk DBH size and one transplant tree 3:1 replacement one 5 -gallon, one 15 - gallon, and one transplant tree 4:1 replacement one 5 -gallon, two 15 - gallon, one 24 -inch box, and one transplant tree Note: If a sufficient quantity of healthy and/or accessible existing oaks is not available for transplantation, then the following will apply as a substitution for the one transplanted oak noted above for each DBH/ratio category: HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 7 < 3611: substitute one 15 -gallon size for one transplant 36-48": substitute one 15 -gallon for one transplant > 4811: substitute one 24 -inch box size for one transplant Based on these requirements, 412 five -gallon oaks, 445 15 -gallon oaks, and twenty-four 24 -inch box oaks would be needed to mitigate the project. The mitigation plan has been increased based on input from the City to include 432 one -gallon oaks, 643 15 -gallon oaks, 41 60 -inch box oaks, and 40 15 -gallon walnuts. III. ESSENTIAL PLAN PARTICIPANTS The restoration plan does include habitats under federal and state jurisdiction, with associated discretionary actions therefore required. Impacts to 0.05 acre of jurisdictional Waters of the U.S. qualify under the Nationwide 26 permit process with the U.S. Army Corps of Engineers. Impacts to 5.22 acres of oak woodland within drainages and 0.05 acre of streambed habitat are considered California Department of Fish and Game (CDFG) jurisdictional. A 1603 Agreement application was submitted; however, CDFG did not respond within the 30 -day time frame, so no additional measures are incorporated into the BRMP. A. PROJECT PROPONENT The project proponent, Diamond Hills Ranch Partners, will be responsible for financing the installation and monitoring of the mitigation sites. The contact at Diamond Hills Ranch Partners is Mr. Larry Lazar. He can be reached by telephone at (714) 693-6700, or at the address given on the title page of this document. B. LANDSCAPE ARCHITECT Landshapes, a licensed landscape architect will prepare the construction documents to implement this plan. The construction documents will be reviewed and approved by a restoration specialist and the City of Diamond Bar. The restoration specialist will be under contract to the City. A landscape architect will also be responsible for inspecting certain parts of the installation, and for participating in the final installation inspection. C. RESTORATION SPECIALIST Overall supervision of the installation and maintenance contractors and monitoring in the mitigation area will be the responsibility of a restoration specialist or a biologist familiar with native habitat restoration. The restoration specialist will be under contract to the City and will educate all contractors with regard to mitigation goals and requirements. This education will be initiated at a pre -construction meeting. After each monitoring event, the restoration specialist will provide the project - proponent and installation contractors with a written list of items in need of attention. All requests for work which go beyond the contractor's scope of work will first be approved by the project proponent. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 8 D. INSTALLATION CONTRACTOR The installation contractor is responsible for pre -planting weed control, topsoil salvage, and imprinting and seeding. Imprinting is described in Section 6.F. (Planting Timing and Methods) and in Appendix A. Once the restoration specialist has verified the completion of the landscape installation, a 180 -day establishment period will begin. At the end of this period, the restoration specialist will certify completion of the installation contract, provided all installation and maintenance tasks have been finished. These items include, but are not limited to, weed control, dead plant replacement, and reseeding. The installation contractor will be educated as to the installation and maintenance of native plants. E. MAINTENANCE CONTRACTOR After the installation contract is completed, a maintenance contractor will be hired by the project proponent for the duration of the five-year monitoring period. The project proponent may change contractors at its discretion. The maintenance contractor will service the entire restoration area at least once a month. The maintenance contractor will meet the restoration specialist at the site, when requested, and will perform all checklist items in a timely manner. The maintenance contractor will be educated by the restoration specialist as to the maintenance of a native plant habitat and the difference between native plants and weeds. IV. RESTORATION DESIGN CONCEPTS The goal of this restoration plan is to establish Diegan coastal sage scrub and oak woodland based on species composition from these vegetation communities on the site. The total amount of restoration area encompasses approximately 21 acres of Diegan coastal sage scrub and coast live oak woodland on manufactured slopes. All proposed upland restoration is associated with permanent project related impacts (Figure 6). All areas will be imprinted with a non -irrigated seed mix. If technically feasible, topsoil will first be reapplied on these areas (see Section 6.A. of this report). V. RESTORATION PLAN IMPLEMENTATION GUIDELINES A. TIMING FOR SEEDING -- All imprinting and/or broadcasting of seeds will be done between September 15 and January 15. B. PROTECTION OF HABITAT OUTSIDE THE RESTORATION AREAS DURING PROJECT CONSTRUCTION Prior to initiation of any site grading or equipment mobilization onto the project site, a six-foot high chain link fence with a two foot long cantilever section angling inward (toward the site) shall be installed along the western site boundary abutting HELIX Biological Resource Management Plan for the Diamond Hi11s Ranch Property / SCA -10 / January 28, 2000 9 Diamond Bar Boulevard and extending from the northern boundary of the Los Angeles County Flood Control Easement (near Steep Canyon Road) to Gold Rush Drive, and extending easterly along Gold Rush Drive for a distance of approximately 400 feet to the property boundary corner. The fence shall be maintained and shall remain in place until the first occupancy permit is issued by the City of Diamond Bar. Extant habitat to be preserved adjacent to restored habitat will be marked with stakes and flagging prior to construction. Construction crews will be advised to avoid impacts to preserved habitat. Unanticipated impacts to preserved habitat must be mitigated as recommended by the restoration specialist at the expense of the company or persons responsible. C. PROTECTION OF ADJACENT HABITAT DURING RESTORATION Specific staging areas will be established, and restoration areas will be delineated and marked as described above. All restoration activities and related disturbance will remain within the designated areas. In conjunction with construction activity, the grading contractor shall control dust accumulation on natural vegetation at the source of disturbance by standard wetting techniques. Under the guidance of the project biologist, natural vegetation shall be periodically sprayed with water to reduce dust accumulation on leaves. D. PERMANENT PROTECTION OF RESTORED AREAS The interface between native habitats and restoration areas will be clearly marked as described above. Work will be monitored by the restoration specialist to ensure that construction does not exceed these limits. If unanticipated impacts do occur, the affected areas will be restored as recommended by the restoration specialist and to the satisfaction of the City of Diamond Bar. VI. RESTORATION PLAN DETAILS A. REUSE OF TOPSOIL Topsoil from areas that currently support Diegan coastal sage scrub and are being impacted will be collected and reused. Topsoil contains a viable and valuable seed bank as well as site-specific soil microbes. The restoration specialist will flag the collection areas to avoid collecting weed -infested soil. The restoration specialist will also determine the depth of removal for topsoil salvage. It is expected to be approximately six inches. Prior to collection of topsoil from undisturbed shrublands, the contractor will drive over the collection site(s) to crush the vegetation. Note: the collection sites will be flagged by the restoration specialist. The Diegan coastal sage scrub vegetation will be collected, mulched, and stockpiled. Then, the top six inches of soil will be removed and stockpiled from the mulched vegetation. The soil and mulch will be applied to the restoration areas, if technically feasible, within six months of initial HELIX Biological Resource Management Plan For the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 10 removal. These materials can be stockpiled up to six feet deep for up to six months if they are kept dry. To that end, measures may be necessary to protect the stockpiled topsoil (e.g., covering), depending on direction by the restoration specialist. B. SEED SPECIFICATIONS It is preferred that all propagules used at the site be from within the site or from wild sources within Los Angeles County and as close to the site as possible. Seed will be cleaned to a grade normally acceptable in the seed trade with all sticks and large plant parts removed. Storage costs and insurance will be included in the price per pound of seeds. Seeds will be tested for percent purity, percent germination, - and the number of live seeds per pound. Testing costs will be included in the seed costs per pound and will be the responsibility of the seed supplier. Results of the seed tests should be made available to the restoration specialist prior to seed delivery. Seed collections, handling, and storage techniques will be observed by the restoration specialist. Table l lists species to be included in the seed mixes, subject to availability. Modifications to the list may be necessary and may include substitute species in the mix and/or modification of the pounds per acre of available seed. If adequate seed is not available from local sites, a commercial source may be used to supplement seed supply, based on direction by the restoration specialist. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 11 Table 1 COASTAL SAGE SCRUB SEED MIX Min.% Purity/ Species Germination Lbs Acre Artemisia californica, California sagebrush' 15/50 3 Baccharis pilularis, Coyote bush 2 2 Calystegia macrostegia, Chaparral morning glory' NA 2 Ceanothus crassifolius, Thick -leaf wild lilac Cercocarpus betuloides, Interior mountain -mahogany 4 Dichelostemma capitatum, Blue dicks 95/50 1.5 2 Encelia californica, California encelia 40/60 Eremocarpus setigerus, Dove weed 90/40 1 2 Eriodictyon crassifolium, Yerba santa 5 Eriogonum fasciculatum, California buckwheat' 10/65 Eriophyllym confertiflorum, Golden yarrow 2 Hemizonia fasciculata, Fascicled tarplant 10/25 2 Heteromeles arbutifolia, Toyon 2 Isocoma menziesii, Goldenbush NA I Is omeris arborea, Bladderpod' NA I 5 Lotus scoparius, Deerweed 90/60 34 Malosma laurina, Laurel sumac NA Mimulus aurantiacus ssp. australis, Yellow bush monkeyflower 5/70 1 Muhlenbergia microsperma, Littleseed mutely' NA C.5 Nassella pulchra, Purple needlegrass 70/60 3 Opuntia littoralis, Beaver -tail cactus NA 1 Phacelia minor, California bluebells' 95/70 1 Plantago erecta, California plantain" 95/75 15 Rhamnus crccea, Spiny redberry 2 24 Rhus integrifolia, Lemonadeberry6 NA Salvia apiana, White sage 2 3 Salvia mellifera, Black sage' 70/50 Vulpia microstachys, Fescue NA 5 —.1 76 nant available without a firm seed order °Plantago insularis may be substituted if Plantago erecta is unavailable °Nurse crop 6 Scarify before imprinting HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 12 C. CONTRACT GROWING/PLANT SOURCES Arrangements will be made by the installation contractor or the project proponent to acquire seed required for restoration. An additional 15 percent of the total amount of seed mix will be procured. A copy of this contract will be submitted to the restoration specialist by the owner or installation contractor as verification. Seed collection/acquisition will be conducted by an experienced native plant nursery or seed company such as, but not limited to, S&S Seeds of Carpinteria, California. The contract grower will provide the restoration specialist with information on the sources of all plant and seed materials grown/collected for the project for final approval. If necessary, the restoration specialist will help the grower locate local sources for plant materials. D. SUBSTITUTIONS The installation contractor is expected to secure all plant materials well in advance of the expected planting date. No species should be substituted without approval of the restoration specialist. If the installation contractor is unable to obtain the proper species specified by the time of planting, commencement of the guarantee period will be delayed until all plants specified are planted for a particular project phase. Substitution of seed species at the time of imprinting depends upon the discretion of the restoration specialist in consultation with the landscape architect. All approved substitutions will be documented by the installation contractor in the final set of "as -built" plans. Lack of planning (i.e., insufficient lead time for seed collection) will not be accepted as justification for substitutions. E. PLANT INSPECTION Installation and monitoring contractors will inspect planted areas and perform maintenance activities as needed according to the five year schedule (See Section 7.0 Maintenance). Specific performance standards have been set by which to evaluate project progress (See Section 8.0 Monitoring). F. SOILS AND SITE PREPARATION Following perennial weed treatment, restoration areas shall be ripped to eight inches. These areas will then be covered with three inches of salvaged topsoil and this shall be ripped in to a depth of six inches. Lastly, a second three inches of salvaged topsoil will be placed over the top. Compaction of these soils will occur during imprinting. On sill slopes, the top three feet of soil will be compacted to no more than 90 percent so that plants will be able to take root. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 13 G. PROTECTION MEASURES In areas where upland restoration sites are adjacent to roads, homes or other potential disturbance sources, protection measures may also include localized fencing to restrict access if deemed appropriate by the restoration specialist. In addition, if problem areas are observed during monitoring and maintenance activities, fencing of such areas may be required by the restoration specialist. H. PLANTING TIMING AND METHODS To take advantage of the rainy season and minimize seed predation, all seeding will occur between November 15 and January 15. Imprinting will be the primary method of seeding. Imprinting is a mechanical means of impressing and embossing smooth- walled V-shaped furrows in the soil surface and spreading the seed (Figure 5). Seeding and inoculating the soil with mycorrhizae are done simultaneously. I. HYDROLOGY The proposed upland restoration sites are located in areas that are suitable for coastal sage vegetation with respect to local hydrologic conditions such as surface runoff and groundwater levels. A number of site-specific measures related to hydrologic conditions will also be implemented as part of the restoration effort or adjacent landscaping plans. Specifically, these include imprinting to provide irregular ground surfaces, and directional irrigation techniques in adjacent areas to avoid over -watering the upland restoration sites. Irrigation is proposed for the first several years of the restoration effort for the container plants and trees. J. IRRIGATION PLAN After plant establishment (four years), irrigation will cease. The irrigation schedule will attempt to develop a deep root growth by incorporating evenly spaced, infrequent, deep applications of water. To obtain deep penetration of water, the irrigation system may be activated several times in one 24-hour period. The irrigation system will incorporate the use of moisture sensors connected to an irrigation controller. This will allow for the application of water on an "as -needed" basis. Once the plant material is established and does not require supplemental irrigation, the "above -ground" portions of the system will be removed. The restoration specialist will determine how and when the system will be removed. The goal is to obtain germination and growth with the least amount of irrigation. Frequent irrigation encourages weed invasion and leaches nutrients from the soil. Native plantings that are infrequently irrigated may grow slower initially but will ultimately develop better as habitat. As a result, irrigation will be used for the fust three years, or less, of the monitoring period. During the final two years, the monitoring would determine the success of the project without irrigation. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 14 K. SOILS Proposed upland restoration sites are located in previously disturbed areas that formerly supported similar upland habitats. While the physical and chemical nature of topsoils in these areas have been modified from grading or other development activities, native topsoils salvaged from portions of the site that are proposed for development and currently support coastal sage scrub habitats will be used. L. SPECIFIC REQUIREMENTS FOR OAK WOODLAND 1. Planting Reauirements I. The host area should be prepared by clearing weeds. Start by digging a hole twice as deep and twice as wide as the plant container. Break up large dirt clods and try to avoid letting the hole be too smooth sided. H. Prepare the fill dirt. Native soil should be used as fill dirt and should be free of large rocks and dirt clods. If a pre -plant fertilizer is added, application rates should be lower than those used for ornamentals. III. Fill planting hole with water and allow it to drain. IV. Refill the hole using the following process: A. Spill some of the fill dirt into the hole, moisten it, and set the plant root ball on top of the moistened soil so that the plant collar is one inch higher than the finished grade of the planting area. B. Replace some backfill material up to 2/3 the height of the root ball while allowing water to slowly flow into the hole. At this point install a protective screen around the plant. The preferred type of screening is corrugated mylar, which is clear and rodent -resistant. C. Place the remaining fill dirt in the hole, making sure that the plant collar is still higher than the final grade. Fill dirt should hold the protective screen in place. V. Create an irrigation basin by mounding dirt considerably outside of the hole dimensions. VI. Apply at least one inch of organic, disease and weed free mulch in remainder of basin around plant collar and within the entire irrigation basin. Irrigate from the top, filling the basin with water, to settle the fill dirt and mulch. Repeat this at least once. All planting of container stock will be performed and completed between November 15 and April 30 of each year. All container stock will be healthy, disease free, and of proper size prior to planting. Overgrown, root -bound container stock will be rejected. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 15 2. Field Plant Layout and SMacins of Container Plants The revegetation specialist will approve the final layout of all plant materials in the field, prior to planting, to assure proper placement. No changes in the field will be allowed without written permission from the revegetation specialist. 3. Planting Methods All oak container plants will be planted in a hole at least twice the diameter of the container and twice the depth. Adequate areas will be created to accommodate the oak trees. The top of the root ball will be set one inch above finished grade. The backfill will consist of 50 percent soil from the site and 50 percent soil amendment. A weed -free zone will be established around each container plant, extending at least 18 inches from the base of the plant. 4. Protection From Herbivore The revegetation will occur in an area potentially used by mule deer (Odocoileus hemionus) and brush rabbits (Sylvilagus auduboni). Protective fencing or enclosures will be maintained around tree plantings as long as the trees remain vulnerable to herbivory. Any protective measures around the plantings will be maintained so that they do not interfere growth. For example, if wire enclosures are used and the plantings begin to send branches through the wire, the enclosure will be replaced with a wire enclosure of larger mesh that provides enough room for plant growth. M. COST ESTIMATE Landshapes has prepared a cost estimate for the restoration and a five-year monitoring program. Overall, the cost of this restoration project is projected to be approximately $1,300,000. VII. MAINTENANCE A. GENERAL MAINTENANCE Damage to the restoration areas occurring as a result of unusual weather or vandalism will be repaired as directed by the restoration specialist. The cost of such repairs will be paid for as extra work, although the contractor should provide the typical replacement costs as part of his/her contract. Any damage caused by the maintenance contractor's inadequate maintenance, as determined by the restoration specialist, will be repaired by the contractor at his/her expense. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 16 B. MONITORING/MAINTENANCE SCHEDULE The restoration specialist will monitor the site preparation, seeding, subsequent establishment, and growth in an effort to detect any problems at an early stage (Table 2). Potential problems could arise from weed competition, erosion, vandalism, and unacceptable levels of disease and predation. In addition, the installation and monitoring contractors will inspect planted areas and perform maintenance activities as needed according to the schedule in Table 3. HELIX Table 2 1,aLINTENMCE MONITORING SCHEDULE Phase Schedule Grading/Site Preparation/Installation 2 times per week Post Installation Monthly Year 1 Bi -Monthly Year 2 Quarterly Years 3-5 Table 3 I+H►INTzmmcE SCHEDULE Schedule Phase _- Installation Daily Post Installation Year 1 February -May Semi -Monthly Year 1 June -January Monthly Year 2 Monthly Years 3-5 Bi -Monthly Resource Management Plan ror cne L1N­17 The restoration specialist's maintenance monitoring program will begin with the construction process, and maintenance by the contractor will commence at the site preparation phase. The restoration specialist will file a written report to the City after completing each inspection. Each of these reports will identify maintenance concerns including mortality, vandalism, and weed - related issues. These reports will facilitate communication and coordination with the installation contractor who will be responsible for implementing the maintenance program. C. WEEDING Weed eradication will be conducted as necessary to minimize competition that could prevent the establishment of native species. As weeds become evident, they should be removed by hand, mechanical means, or controlled with the proper systemic herbicides. No weed whips will be permitted after installation of the container stock and seed mixes. The restoration specialist will determine the need for weeding and will notify the project proponent and maintenance contractor of any required work. Maintenance personnel will be trained to distinguish weed species ftom desirable native vegetation. Examples of weeds to be controlled include, but are not limited to, artichoke, tree tobacco, yellow star thistle (Centaurea melitensis), mustard (Brassica spp), filaree (Erodium spp), tumbleweed (Salsola iberica), and oats (Avera spp.). Artichoke should receive a foliar application and tree tobacco should be cut and stump treated with herbicide. Two herbicide applications will be made with a minimum of three weeks between applications. D. REPLACEMENT PLANTING As discussed in Section 8.0 Monitoring, remedial measures may be required if any of the restored areas fail to meet the year - five standards. E. TRASH AND DEBRIS REMOVAL Planted areas will be kept free of trash and debris and will be checked according to the maintenance schedule (Table 3) by the installation contractor. F. PEST CONTROL Insects, vertebrate pests, and diseases will be monitored. Generally speaking, a high threshold of tolerance will be permitted before control measures are considered. All specific recommendations will only be made by a licensed pest control adviser as required by law. All applicable federal and state laws and regulations will be closely followed. The restoration specialist will be consulted on any pest control matters. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 18 G. FERTILIZATION Fertilizer will not be applied, except in extraordinary circumstances, and only at the written direction of the restoration specialist. VIII. MONITORING A. SCHEDULE Upon completion of the restoration effort, the restoration specialist will prepare a letter report indicating that the installation is finished and that the five-year monitoring period has begun. Final acceptance of the installation will be verified during a site visit with the restoration specialist, landscape architect, and City staff. Monitoring reports will be submitted to the City semi- annually for the first 3 years, and annually for years 4 and 5. B. CONTENT OF MONITORING REPORTS The annual reports will include botanical observations, including a description of site conditions, plant health, weed growth, plant mortality, seed mix percent germination, etc. Any remedial recommendations will be made in the annual reports. A summary of whether the project is meeting the success criteria will be included. C. SUCCESS CRITERIA The purpose of this section is to define specific performance standards by which to evaluate project progress. The following parameters should be measured to compare the restored areas with a reference site or sites. The reference sites should be in Diegan coastal sage scrub within 500 feet of the restoration areas and also should have similar slope and aspect to the restoration areas. The following performance standards shall apply for the revegetation of coastal sage scrub communities: First Year: Coverage/30 percent coverage by redisturbed vegetative materials, seeded species and container stock. Survival Rate: 90 percent survival of any container stock originally planted. If 90 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. Second Year: Coverage/45 percent coverage by redisturbed vegetative materials, seeded species and container stock. Survival Rate/50 percent survival of any container stock originally planted. If 50 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. HELIX _ i SCA -10 / January 28 20DO Biological Resource management Plan for the Diamond Mills na„c.. =wr���z -- -- 19 Third Year: Coverage/60 percent coverage by redisturbed vegetative materials, seeded species and container stock. Survival Rate/50 percent survival of any container stock originally planted. If 50 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. Fourth Year: Coverage/75 percent coverage by redisturbed vegetative materials, seeded species and container stock. Survival Rate/50 percent survival of any container stock originally planted. If 50 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. Fifth Year: Coverage/90 percent coverage by redisturbed vegetative materials, seeded species and container stock. Survival Rate/50 percent survival of any container stock originally planted. If 50 percent survival has not been achieved, replanting with appropriate size container stock necessary to achieve this standard will be performed. Coastal sage scrub revegetation will be considered successful at five years if the percent cover and species diversity of the restored and/or createdhabitat areas are similar to percent cover and species diversity of adjacent existing habitats as determined by quantitative testing of existing and restored and/or created habitat areas by the project biologist. Performance standards for coast live oak woodland and walnut woodland are as follows: First Year: Coverage/35 percent. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. Second Year: Coverage/50 percent coverage by tree and shrub plantings. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. Third Year: Coverage/70 percent coverage by tree and shrub plantings. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. Fourth Year: Coverage/80 percent coverage by tree and shrub plantings. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. Fifth Year: Coverage/90 percent coverage by tree and shrub plantings. Survival Rate/90 percent survival of all trees, including container stock or cuttings. If 90 percent survival has not been achieved, replanting with appropriate size container stock or cuttings necessary to achieve this standard will be performed. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 20 Oak woodland revegetation will be considered successful at five years if the percent cover and species diversity of the restored and/or created habitat areas are similar to percent cover and species diversity of adjacent existing habitats or impacted habitats as determined by quantitative testing of existing and restored and/or created habitat areas. 1. Cover by Exotic Species (Weeds) Weeds are typically a problem with habitat restoration, particularly at the outset of the project. As the restoration takes hold, the problems with weeds should decrease. Many local weeds have become naturalized, and therefore the tolerance for weeds should reflect what is present at the existing habitats on site. The measure for tolerance should be total cover of weed species. Although weeds are expected to be a problem, it doesn't mean they are to be accepted. Weeds should be controlled as specified in the maintenance monitoring section. 2. Samuling Techniones Two 5 -meter by 50 -meter belt transects per slope exposure will be used to monitor the development of the revegetation. The various transects will be randomly located for the first sampling event and permanently marked to facilitate their use in subsequent years. Herbaceous, shrub, and tree vegetation layers will be sampled by a line transect in the middle of the belt transect. At each 0.5 - meter interval, the species that intercept that point will be noted according to strata. All species which occur within the belt transect will also be noted. Please refer to the California Native Plant Society vegetation sampling method for further details (Sawyer and Keller -Wolf 1995). Success criteria milestones are provided below (Table 4). Table 4 SUCCESS CRITERIA MILESTONES' Year Criteria 1 2 1 4 5 Species Diversity 0.4 0.5 0.6 0.7 0.8 Cover by WeedsZ 1.4 1.3 1.2 1.1 1.0 Cover by Native Species 0.6 0.7 0.8 0.9 1.0 for trees, shrubs and herbaceous species 'Values are relative to reference site 12 Percent total cover HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 21 3. Photo Documentation In addition to the measurements specified above, several permanent stations for photo -documentation should be established in each habitat type. 4. Species Diversity and Recruitment Species diversity and recruitment are closely linked, as diversity increases with recruitment. The effect of recruitment on diversity should be to approach the level of species diversity of the reference site. Ultimately, the site should reach 80 percent of the species diversity of the reference site. Species diversity will be quantified by making a species list within the aforementioned belt transects. D. POTENTIAL REMEDIAL ACTIONS The City may terminate monitoring earlier than five years if it is recommended first by the restoration specialist in a year-end report. Likewise, if at the end of five years, any of the restored areas fail to meet the year -five standards, then the monitoring and maintenance period will be extended one full year, and a specific set of remedial measures (approved by the City) will be implemented. Only areas which fail to meet the success standards will require additional work, that is, not all of the areas originally restored. This process will continue until all year -five standards are met, or as otherwise provided in this document, the City determines that other mitigation measures are appropriate. IX. OTHER MITIGATION MEASURES A number of other measures are also included in the mitigation requirements for the project. These are described below. In conjunction with development of final plans and specifications for construction, or other activities involving significant soil disturbance, the project biologist shall map all sensitive habitats within 100 feet ofthe grading limits and/or fuel modification boundaries on the grading plans. Sensitive habitats include but are not limited to: scrub, woodland, and riparian habitats. Within the sensitive habitats, the following limitations shall be observed: 1) no construction access, parking, or storage of equipment or materials will be permitted within such marked areas; 2) to the maximum extent practicable, construction access points shall be limited where they are adjacent to protected habitat; 3) waste dirt or rubble will not be deposited on protected habitat; and 4) vehicle transportation routes will be confined to the narrowest practicable width in areas adjacent to marked, protected habitat during construction activities. Prior to commencement of grading activities or other activities involving significant soil disturbances, the project biologist shall attend preconstruction meetings with the applicant's construction managers to confirm grading and construction procedures as they relate to the protection of preserved habitat areas. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 22 During grading activities and construction operations, the project biologist shall submit a monthly letter report to the City of Diamond Bar summarizing site visits, documenting adherence or violations of required habitat protection measures, and listing any necessary remedial measures. During all construction activities, the applicant shall ensure that construction equipment or vehicles are not stored within drainage areas and that there shall be no fueling, lubrication, or maintenance of construction equipment within 150 feet of applicable California Department of Fish and Game and U.S. Army Corps of Engineers jurisdictional areas. During all construction activities, the applicant shall ensure that no waste material is discharged to any drainage areas, channels, or streams. Spoil sites shall not be located within any streams or in areas where spoils could be washed into any surface water body. Prior to initiation of construction, the applicant shall located silt settling basins away from streams to prevent discolored, silt - bearing water from reaching the stream. If silt catchment basins are using during project construction, the basins shall be placed across the stream immediately downstream of the project site prior to initiation of project grading. Catchment basins shall be constructed of materials which are free from mud and silt. Upon completion of the project, all basin materials, along with the trapped sediments, shall be removed from the stream in such a manner that said removal shall not introduce sediment to the stream. Prior to catchment basin removal, basins will be surveyed for the presence of sensitive wildlife. Any sensitive wildlife present will be relocated prior to removal of basin. If the project biologist determines that turbidity/siltation levels from project -related activities constitute a threat to downstream biological resources, activities associated with the turbidity/siltation shall be halted until effective control devices are installed or abatement procedures are initiated. An erosion control plan shall be approved by the City of Diamond Bar and the California Regional Water Quality Control Board prior to initiation of grading to ensure protection of downstream water quality and prevent extensive siltation. This plan shall stabilize sediment and reduce erosion hazard, decreasing impacts to downstream aquatic resources. Prior to initiation of any construction activity, the project biologist shall survey the construction limits for the presence of occupied raptor nests and nest burrows (for burrowing owls). Occupied raptor nestsiburrows shall be mapped on the construction plans by the project biologist. The project biologist will visit the nest/burrow site at the beginning of the nesting season to verify the use of the nests/burrows for that particular year. If nesting activity begins at any nest site, then the active nest/burrow(s) shall be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. To protect any active nest/burrow sites, the following restrictions on construction are required between February 1 and June 30 (or until nests are no longer active as HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 23 determined by the project biologist): 1) clearing limits will be established a minimum of 300 feet in any direction from raptor nests/burrows; and 2) access and surveying will be allowed within 200 feet of nests/burrows. If the measures outlined in this BRW are implemented as outlined, all impacts to Diegan coastal sage scrub, coast live oak woodland, streambed, individual California black walnuts, and other sensitive species occurring on the site will be fully mitigated. X. COMPLETION OF MITIGATION A. NOTIFICATION OF COMPLETION The CDFG and ACOE shall be notified of completion of the mitigation effort through the submittal of the five-year monitoring report. B. ACOE AND CDFG CONFIRMATION If the project meets all success standards at the end of the five -year -monitoring period then the mitigation will be considered a success. If not, the maintenance and monitoring program will be extended one full year at a time and a specific set of remedial measures (approved by the ACOE and CDFG) will be implemented until the standards are met. This process will continue until - all year -five standards are met or until the ACOE and CDFG determine that other mitigation measures are appropriate. Should he mitigation effort meet all goals prior to the end of the five -year -monitoring period, the ACOE and CDFG, at their discretion, may terminate the monitoring effort. Alternatively, a subsequent agreement may be negotiated with the ACOE and CDFG. Only areas that fail to meet the success standards will be subject to any subsequent agreement. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 24 XI. LITERATURE CITED California Native Plant Society. 1996. Field Sampling Protocol. Located on California Native Plant Society Home Page. City of Diamond Bar. 1992. City of Diamond Bar Baseline Biological Resources Report prepared by Michael Brandman Associates (in -progress review draft). City of Diamond Bar. 1997. Environmental Impact Report for Vesting Tentative Tract Maps 52267 and 52308. Sweetwater Environmental Biologists, Inc. 1997. Biotechnical Report for Diamond Hills Ranch Tract 52267 Project. U.S. Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. U.S. ACOE Waterways Experiment Station, Vicksburg, Mississippi. U.S. Army Corps of Engineers. 1993. Habitat Mitigation and Monitoring Proposal Guidelines. Los Angeles, Regulatory Branch. June 1. HELIX Biological Resource Management Plan for the Diamond Hills Ranch Property / SCA -10 / January 28, 2000 25 FEDERAL AND STATE JURISDICTIONAL DEFINITIONS APPENDIX A FEDERAL AND STATE JURISDICTIONAL DEFINITIONS I. Federal Definitions A. Wetlands and "Waters of the United States" Definitions The Army Corps of Engineers (Federal Register 1982) and the Environmental Protection Agency (Federal Register 1980) jointly define wetlands as: "Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (Environmental Laboratory, 1987). The official definition of "Waters of the United States" (Waters of the U.S.) and their limits of jurisdiction, as they may apply within the study area, are defined by the U.S. Army Corps of Engineers' Regulatory Program Regulations (Section 328.3, paragraphs (a)1-3 and (e), and Section 328.4, paragraphs (c) 1 and 2) as: "All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all waters including interstate wetlands, all other waters such as interstate lakes, rivers, streams [including intermittent streams], mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such water, which are or could be used by interstate travelers for recreation or other purposes; or from which fish or shellfish are or could be taken and sold in interstate commerce; or which are or could be used for industries in interstate commerce; or wetlands adjacent to waters [other than waters that are themselves wetlands]." "Non -tidal waters of the United States. The limits of jurisdiction in non -tidal waters: In the absence of adjacent wetlands, the jurisdiction extends to the ordinary high water mark, or when adjacent wetlands are present, the jurisdiction extends to the limit of the adjacent wetlands." "The term ordinary high water mark means that line on the shore established by the fluctuation of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation (scouring), the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas." For purposes of delineation and jurisdictional designation, Waters of the U.S. must exhibit an ordinary high water mark or other evidence of surface flow created by hydrologic physical changes. These physical changes include the indicators used for satisfying the hydrologic criterion for wetland delineations. Wetland boundaries were determined using the three mandatory criteria (plant, soils, and hydrology) established for wetland delineations and described within the Wetlands Delineation Manual (Environmental Laboratory 1987) and subsequent regulatory guidance letters (March 6, 1992; October 7, 1991). Following is a brief discussion of the three criteria and how they were evaluated. 1. Vegetation "Hydrophytic vegetation is defined herein as the sum total of macrophytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation produce permanently or periodically saturated soils of sufficient duration to exert a controlling influence on the plant species present" (Environmental Laboratory 1987). A-1 The wetland indicator status (obligate upland, facultative upland, facultative, facultative wetland, obligate wetland, or no indicator status) of the dominant plant species of all vegetative layers were determined. Species considered to be wetland or hydrophytic includes the classifications of facultative, facultative wetland, and obligate wetland as defined by Reed (1988)(Table Al). The percent of dominant wetland plants was calculated. The wetland vegetation criterion was considered to be met if more than 50% of the dominant plants within the area sampled were classified as a wetland species. Table Al. Definitions of Plant Indicator Categories Indicator Cateeories Obligate wetland Facultative wetland Facultative Facultative upland Obligate upland Non indicator 2. Hydrology Probability of Occurring in Wetlands Occur almost exclusively in wetlands Usually found in wetlands (66-99% probability), but occasionally in uplands Equally likely to occur in wetland (34-66% probability) or non - wetland Usually occur in non -wetlands, but occasionally found in wetlands Occur almost exclusively in non -wetlands Inconclusive status "The term "wetland hydrology" encompasses all hydrologic characteristics of areas that are periodically inundated or have soils saturated to the surface at some time during the growing season. Areas with evident characteristics of wetland hydrology are those where the presence of water has an overriding influence on characteristics of vegetation and soils due to anaerobic reducing conditions, respectively" (Environmental Laboratory, 1987). Hydrologic characteristics must indicate that the ground is saturated to within 12 inches of the surface for at least 5 percent of the growing season during a normal rainfall year (approximately 18 days for most of low-lying southern California). Hydrology criteria were evaluated based on the characteristics described in the following list. Where positive indicators of wetland hydrology were present, the limit of the Ordinary High Water Mark (OHWM) was noted and mapped. Hydrologic indicators include: • inundated soils • saturated soils within 12" of the surface • water marks • drift lines • sediment deposits • drainage patterns in wetlands (meandering water course) A-2 • presence of oxidized root channels surrounding living roots (oxidized rhizospheres) • water -stained leaves • plants with hydrologically induced morphological adaptations to prolonged inundation and/or saturation (e.g., aerenchyma in roots and stems, adventitious roots, and/or pneumataphores) • local soil survey data • FAC -neutral test (ratio of OBL + FACW : FACU + UPL) • in the absence of all other hydrologic indicators and in the absence of significant modifications of an area's hydrologic function, positive hydric soil characteristics are assumed to indicate positive wetland hydrology 3. Soils "A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part" (US Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS) 1995). Soils must exhibit physical and/or chemical characteristics indicative of permanent or periodic saturation. Soil matrix and mottle colors were identified at each sampling point using a Munsell soil color chart (Kollmorgen 1975). Generally, an 18 -inch or deeper pit was excavated with a shovel at each sampling point, unless refusal occurred above 18 inches. Mineral soils were considered hydric if the horizon immediately below the A horizon (or 10 inches) had (1) a matrix chroma of two or less in mottled soils, or (2) a matrix chroma of one or less in unmottled soils. Soils in each area were closely examined for hydric soil indicators, including the following characteristics: • histosols • histic epipedons • sulfidic odor • aquic moisture regime • reducing conditions • gleyed or low-chroma colors • concretions • high organic content in surface layer of sandy soils • organic streaking in sandy soils • listed on local hydric soils list • listed on national hydric soils list A-3 Hydric soils are assumed to. be present in plant communities that have a complete dominance of obligate or facultative wetland species. In some cases, there is only inundation during the growing season, and determination must be made by direct observation during that season, recorded hydrologic data, testimony of reliable persons and/or indication on aerial photographs. Soil series/phase was determined by examination of area soil maps provided in the soil survey for the area. B. Non -vegetated Waters of the United States The non -vegetated (non -wetland) Waters of the U.S. designation was met when an area exhibited positive indicators within the hydrologic criteria, but lacked sufficient indicators to meet the hydrophytic vegetation and/or hydric soils criteria. For purposes of delineation and jurisdictional designation, non- vegetated Waters of the U.S. must exhibit an OHWM created by periodic surface flow. The boundaries of non -vegetated Waters of the U.S. were delineated at the OHWM as described in the Section 404 regulations (33 CFR Part 328). _ II. State Regulations A. California Department of Fish and Game Regulations The California Department of Fish and Game (CDFG) regulates alterations or impacts to streambeds or lakes (wetlands) under Fish and Game Code 1601 for government or public utility initiated projects, and under Code 1603 for privately initiated projects. The CDFG requires a Streambed/Lake Alteration Agreement (SAA) for projects that will divert or obstruct the natural flow of water, change the bed, channel or bank of any stream, or use any material from a streambed. The SAA is a contract between the applicant and the CDFG stating what can be done in the riparian zone and stream course (California Association of Resource Conservation Districts). Intermittent streams and natural drainage channels are also regulated under Fish and Game Code 1601 and 1603 and require a SAA. Fish and Game code 1601 regulates these areas as follows: "Except as hereinafter provided, general plans sufficient to indicate the nature of a project for construction by, or on behalf of, any governmental agency, state or local, and any public utility, of any project which will divert, obstruct or change the natural flow or bed, channel or bank of any river, stream or lake designated by the department in which there is at any time an existing fish or wildlife resource or from which these resources derive benefit, or will use material from the streambeds designated by the department, shall be submitted to the department. When an existing fish or wildlife resource may be substantially adversely affected by such construction, the _ department shall notify the governmental agency or public utility of the existence of such fish or wildlife resource together with a description thereof and will propose reasonable modifications in the proposed construction as would allow for the protection and continuance of the fish or wildlife resource, including - procedures to review the operation of such protective measures." "Agencies or public utilities proposing projects affected by this section shall not commence such.operations until the department has found that such project will not substantially adversely affect an existing fish or wildlife resource or until the _ department's proposals, or the decisions of a panel of arbitrators, have been incorporated into such projects." Projects that fall under these guidelines will require a 1601 Streambed/Lake Alteration Agreement. Fish and Game Code Section 1603 regulates these areas as follows: "It is unlawful for any person to substantially divert or obstruct the natural flow or substantially change the bed, channel or bank of any river, stream or lake designated by the department, or use any material from the streambeds, without - first notifying the department of such activity, except when the department has been notified pursuant to Section 1601." Also, "It is unlawful for any person to commence any activity affected by this section until the department has found it will not substantially adversely affect an existing fish or wildlife resource or _ until the department's proposals, or the decisions of a panel of arbitrators, have been incorporated into A-4 such projects." Projects that fall under these guidelines will require a 1603 Strearnbed/Lake Alteration Agreement. B. Section 401 Certification The California Regional Water Quality Control Boards (RWQCB) require Federal Clean Water Act (CWA) Section 401 Water Quality Certification. Federal CWA Section 401 requires that every applicant for a U.S. Army Corps of Engineers CWA Section 401 permit or a Rivers and Harbors Act Section 10 permit must request State certification from the Regional Board that the proposed activity will not violate State and Federal water quality standards. REFERENCES California Association of Resource Conservation Districts. Guide To Stream Project Permitting for the State of California. California Department of Fish and Game. Fish and Game Code 1601 and 1603. California Department of Fish and Game. Streambed/Lake Alteration Notification Guidelines. A-5 DATA FORM ROUTINE WETLAND DETERMINATION (]987 COE,Wetlands Delineation Manual) -,oject/Site: _��ao>'�� � �� �ir��l Date: _J _� - TV q pplicant/Owner: County-= _ G� State: ..ivestigator: _Cf! o Normal Circumstances exist on the site? Gies ❑ No Community ID: C. G•t_%_ qthe site significantly disturbed (Atypical Situation)? ❑ Yes ON o Transect is the the area a potential Problem Area? ❑ Yes ErNo Plot (If needed, explain on reverse.) EG ETATI O N 7minant Plant Sneeies Stratum Indicamr -2. G'a� e(in�J' OrnCn�Ce�wr/c lir L• --- Dominant Plant ,SoeciesStratum i r u5 1 Que ee0q ri �a /i!w - -ee7�& nC, r. r ) ! 3. 4 ...... ----- 7. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). _ _�S , 7 q marks: 7`9 �� f, 1. n - 22 Q, --e,7-/' "'-'0/ ?DROLOGY ____Recorded Data (Describe in Remarks): _____Stream, Lake, or Tide Gauge _____Aerial Photographs q Other - __No Recorded Data Available Primary Indicators: -----Inundated ___-_Saturated in Upper 12 Inches ---_-Water Marks Drift Lines - 1 q Z� n -----Sediment Deposits ld Observations: T Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: ��_►_(in.) Oxidized Root Channels in Upper 12 inches _Water•Stained Leaves q pth of Free Water in Pit:(in.) _____Local Soil Survey Data -----FAC-Neutral Test Depth to Saturated Soil. r _ri C_(in.) _____Other (Explain in Remarksl q-narks:C.�/O%la Tom+ o b1 vac ITGs7 i k --01c )r.rG a 1/ SOILS Map Unit Name (Series and Phase): ___' Drainage Class: Field Observations Taxonomy (Subgroup): _____ Confirm Mapped Type? 0 Yes No Prnlil�,Desryiotion: Depth Matrix Colors Mottle Colors Mottle _ Texture, Concretions, fin .bees ,Horizon Ltunss-ll Mpistl jjv USsetl Meistt_ Abuindanrg/Constrast Structure, etc. / -/ 0 Yi -- NX _ � r/rri 5-a — Hydric Soil Indicators: Histosol _____Concretions Epipedon _____High Organic Content in Surface Layer in Sandy Soils -----Histic Odor _____Organic Streaking in Sandy Soils -___-Sulfidic -----Aquic Moisture Regime _____Listed on Local Hydric Soils List ----- Reducing Coriditions -____Listed, on National Hydric Soils List -----Gleyed or Low-Chroma Colors _____Other (Explain in Remarks) Remarks: - t :"i:G1 Jr. i.V('In r (�CL,•y % I rr/yLo/�T T / .i I ; „n, l0"c ✓ ��• 1 Lv r y L Ccr, 7 ��{�,Y�� ���lrfi �, r � �i•� f �� �1 `e` /t�l �•� _' WETLAND DETERMINATION Hydrophytic Vegetation Present? 120 es p No Weiland Hydrology Present? Yes [ I4o p Hydric Soils Present? p Yes �o Is this Sampling Point Within a Wetland? O Yes Remarks: P �l r ;1 C DATA FORM ROUTINE WETLAND DETERMINATION _ (1987 COE•,Wetlands Delineation Manual) - Oject/Site: ➢��n`' lti ��� ��+ -t Date: plicant/Owner•' County: _ L •.l I, avestigator: Sr./ar-i% A//evt State: ____A Normal Circumstances exist on the site? mlges ❑ No Community the site significantly disturbed (Atypical Situation)? ❑ Yes p'N0 Transect ID:___ Is the area a potential Problem Area? C] Yes Q'�lo _ Plot ID:__ / _ (If needed, explain on reverse.) 1r cGETATION - nirantPlant Snrci.s Stratum Indicator t �C iCr rolir! Si+ru6 �/�[v Dominant Plant Species 5trattim lndicmtnr 1 p cr�n� U�Si/9ai t ^---- ----- ----- 6.----- ----- ----- 7.----- ----- ----- �'----- ---- ----- ----- $•----- o.rcent of Dominent Species that are OBL, FACW or FAC (excluding FAC -1. Larks: LIA--,6 ; e.SScrrka/t cc vPftC J - - "E;� tw lieYSc.ee�rS ��G:r S �,efcn.� J /« .�t,v3i /J ��:�r!r c:: r _ ✓�.,� q i7Ct/•C. 11v a] Gird l Yr i rR ' d-1/1 CA ;1e;1e>~j I J DROLOGY ___Recorded Data (Oescribe in Remarks): _____Stream, Lake, or Tide Gauge _____Aerial Photographs Other __- __No Recorded Data Available / I Observations: Aj Qepth of Surface Water: _ 4 _(in.) j th of Free Water in Pit: ,IA(in.) l Depth to Saturated Soil; arks: /t%2 VS1141 elri e lrCj I C'r i, TeV'Pei nd Hydrology Indicators: Primary Indicators: __ Inundated __Saturated in Upper 12 Inches _ _Water PAarks; _ Drift Lines _____Sediment Deposits __Drainage Patterns in Wetlands Secondary Indicators (2 or more required): ___Oxidized Root Channels in Upper 12 inches _____Water•Stained Leaves _----Local Soil Survey Data ----- FAC -Neutral Test -----Other (Explain in Remarks) SOILS Map Unit Name (Series and Phase): ' Drainage Class: ----- Field Observations Taxonomy (Subgroup): _____ Confirm Mapped Type? 0 Yes Q No Profile Description: Depth Matrix Colors Mottle Colors Mottle. Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist)Ab mdan .e/ -onstrast 5th ure. etc. ----- ----- ----- ----- ----- ----- Hydric Soil Indicators: _____Histosol ____—Concretions ____ Histie Epipedon _____High Organic Content in Surface Layer in Sandy Soils _____Sulfidic Odor _____Organic Streaking in Sandy Soils _____Aquic Moisture Regime _____Listed on Local Hydric Soils List _____Reducing Conditions _____Listed an National Hydric Soils List _____Gleyed or Low-Chroma Colors _____Other (Explain in Remarks) Remarks: Vii% e Gl aq i �I o t r i r -i C 'Ve / ./ WETLAND DETERMINATION Hydrophytic Vegetation Present? O Yes �o Welland Hydrology Present? (a'�es O No Hydric Soils Present? O Yes [rNo Is this Sampling Point Within a Wetland? O Yes 10 Remarks: / ^ • / 's ,S'�• rr �„Z-� � Gr .�� .)-'r rr Gz7 — �,c ia�(j L•cioy c• : _ � ;� - c G �l l rh a r�u p-� ,yi9iJrtC1� (/ a ri GJI/cc 7 r r _ ;=re•r G[l� GLI= ,/�., CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15, 2000 REPORT DATE: February 10, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Amendment No. 5 to a Professional Services Agreement with BonTerra Consulting regarding Environmental Services for proposed VTM 52267 (SunCal) SUMMARY: This report requests approval of an amendment to an existing consulting services agreement with BonTerra Consulting in order to provide environmental services necessary to monitor the mitigation measures as outlined within the previously approved Vesting Tentative Tract Map No. 52267. RECOMMENDATION: It is recommended that the City Council approve an amendment to the agreement between the City and BonTerra Consulting in the amount of $99,446.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolutions Bid Specification (on file in City Clerk's Office) Ordinances X Agreements EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? NA Yes No 4. Has the report been reviewed by a Commission? NA Yes No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVI 6DB Terrence L. Belang City Manager llvaa-e James DeStefano Deputy City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Amendment No. 5 to a Professional Services Agreement with BonTerra Consulting regarding Environmental Services for proposed VTM 52267 (SunCal) ISSUE STATEMENT: This report requests approval of an amendment to an existing consulting services agreement with BonTerra Consulting in order to provide environmental services necessary to monitor the mitigation measures as outlined within the previously approved Vesting Tentative Tract map No. 52267. RECOMMENDATION: It is recommended that the City Council approve an amendment to the agreement between the City and BonTerra Consulting in the amount of $99,446.00. FINANCIAL STATEMENT: Costs associated with processing and development of the project are funded through developer fees paid by the project developer / applicant to the City. BACKGROUND: In December 1996, the City entered into a contract with BonTerra Consulting in the amount of $83,645.00 to prepare an Environmental Impact Report for proposed Vesting Tentative Tract Map No. 52267 (SunCal). The City Council approved a $31,508 amendment to the contract in March 1998 to augment the previously prepared environmental documentation. A second amendment in the amount of $3,950.00 was approved in August 1998 for an analysis of an additional alternative design. Vesting Tentative Tract Map No. 52267 was approved by the City Council for the development of 130 homes adjacent to Diamond Bar Boulevard in September 1998. The City Council approved a $2,810.00 contract amendment with BonTerra Consulting in November 1998 to compensate the consultants for additional work performed related to the completion of the environmental impact report. The applicant (SunCal/Diamond Hills Ranch Partnership) has requested Final Map approval and map recordation in order to obtain a vegetation clearance and grading permit from the City. Amendment No. 4, approved on January 18, 2000, incorporated a work program and budget for the City consultant to review and evaluate plan submittals, the Biological Resources Management Plan, tree replacement plan, and conduct a site survey for the presence of occupied raptor nests/ burrows and the location of any sensitive habitats within 100 feet of the construction site limits. The work program and budget for all tasks necessary to implement the five year Mitigation Monitoring Program is $119,446.00. Amendment No. 4 proposed a budget augmentation of $20,000.00 to compensate the City consultant for those tasks requiring the expertise of BonTerra Consulting prior to grading of the site. Amendment No. 5 incorporates the balance of the specific tasks identified as Phases D.3, D.4, D.5, D.6, and D.7 expenses and contingency, as described within the attached work program and budget. The proposed contract amendment is required prior to grading activity for the remaining tasks necessary to ensure compliance with the City Council approval of the project. The scope of work outlined within the Mitigation Monitoring Plan will be conducted over a five- year period. PREPARED BY: James DeStefano Deputy City Manager Attachments: Amendment No. 5 to the Consulting Services Agreement Request for Budget Augmentation, dated October 21, 1999 2 AMENDMENT NO.5 TO THE CITY'S CONSULTING SERVICES AGREEMENT FOR PROFESSIONAL SERVICES IN CONJUNCTION WITH THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND RELATED ENVIRONMENTAL SERVICES FOR PROPOSED VESTING TENTATIVE TRACT MAP NO. 52267 This Amendment No. 5 to the City's Consulting Services Agreement is made and entered into this day of February. 2000, between the CITY OF DIAMOND BAR, a .Municipal Corporation (hereinafter ,referred to as "CITY") and BONTERRA CONSULTING (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated December 18, 1996, with CONSULTANT to provide consulting services in conjunction with the preparation of an Environmental Impact Report and related services for proposed Vesting Tentative Tract Map No. 52267 (hereinafter referred to as VTTM No. 52267) proposed by SunCal Companies (hereinafter referred to as the "AGREEMENT".) (ii) CONSULTANT has submitted a revised scope of work and proposed fees for the continued processing of the Environmental Impact Report for VTTM No. 52267, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide additional services at a cost not to exceed NINETY NINE THOUSAND FOUR HUNDRED FORTY SIX DOLLARS ($99,446.00) for the completion of Task 10: Phases D.3, D.4, D.5, D.6, and D.7, as described within Exhibit "A". (iii) It is in the City's best interest to extend the AGREEMENT rather than request bids for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 3 of the AGREEMENT is hereby amended to read as follows: 3. Compensation. City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services provided for hereunder, fees on a time and material basis at the rates set forth in the original Consulting Services Agreement plus the revised Cost Estimate dated October 21, 1999, Exhibit "A" hereto, but in no event to exceed TWO HUNDRED FORTY ONE THOUSAND DOLLARS ($241,000.00) which fees include all labor, materials, printing and other costs incurred in connection with the project." Section 2: Each party to this Amendment No. 5 acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment No. 5 shall be valid and binding. Any modification of this Amendment No. 5 shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 5 as of the day and year first set forth above: APPROVED AS TO FORM: IM City Attorney ATTEST: City Clerk Date: g:\contracts\amendtrent-bonterra sunca15 CONSULTANT: Tom Smith, President BonTerra Consulting Tom Smith Principal CITY OF DIAMOND BAR Mayor 2 CONS U171NG T = / An Environmental Planning/Resource Management Corporation October 21, 1999 —�i- Jim DeStefano VIA FAX AND FIRST CLASS MAIL Deputy City Manager (909) 861.3117 City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765-4177 Subject: Revised Scope of Work and Budget for Contract Task 10: Implementation of Mitigation Monitoring Program for SunCal Project VTTM No. 52267 Dear Mr. DeStefano: As we discussed at the October 19, 1999 meeting, the work program we submitted earlier this year needs to be revised to include a task for preparation of an EIR addendum, as well as to conform the coastal sage scrub mitigation to the recently prepared Biological Resources Management Plan (BRMP). As you know, our contract with the City for this project included a task for reviewing program details and monitoring implementation of the various mitigation measures adopted forthe project (Task 10: Implementation of Mitigation Monitoring Program). The contract specified that a budget for this task would be developed subsequent to City Council approval of a project and when the applicant's construction schedule was known. � J t -4i Z– This letter and the attached revised work program and budget responds to the contract requirements and the applicant's desire to start the process leading to issuance of a grading permit by the City. We have discussed our scope of work with the applicant and his consultant (Barry Jones, Helix Environmental). They will be responsible for obtaining the California Department of Fish and Game and U.S. Army Corps of Engineers permits required for the project. : Our work program consists of four elements: first, reviewing the BRMP � p g g required by Biological Resources Mitigation Measure Number 1; second, reviewing the specific mitigation plans; third, preparing an addendum to the Final EIR to accompany the final map documentation; and fourth, construction monitoring for all mitigation measures contained in the Mitigation Monitoring Plan adopted by the City Council. We appreciate the opportunity to assist the City of Diamond Bar with this challenging project. If you have any questions, please call. 151 Kalmus Drive Sincerely, Suite E-200 BONTERRA CONSULTING Costa Mesa P California 92626 Thomas E. Smith, Jr., P (714) 444 9199 Principal 17141444-9599 fax rt.war.o.,oer�oaiSvoW10¢199 www.bonterrcconsulting.com Attachment A WORK PROGRAM AND BUDGET FOR IMPLEMENTATION OF MITIGATION MONITORING PROGRAM VTTM NO. 52267 January 26, 1999 Revised October 21, 1999 INTRODUCTION This work program describes the tasks necessary to implement the Mitigation Monitoring Program for the VTTM No. 52267 site in Diamond Bar. The mitigation monitoring program addresses the biological resources -related mitigation measures adopted by the City Council in its approval of the Mitigation Monitoring Plan for the project. It is anticipated that monitoring of the oak tree and other mitigation programs will be conducted over a five-year period, as typically required in this type of work. Specific tasks that would be accomplished are described below. Task 10: Implementation of Mitigation Monitoring Program (contracted Task Number) PHASE A: REVIEW OF BIOLOGICAL RESOURCES MANAGEMENT PLAN (BRMP) Task A.1: Kickoff Meeting The BonTerra biological monitor and EIR project principal will attend a meeting with the City, SunCal, and applicant's biological resources consultant to initiate the mitigation monitoring process. The purpose of the meeting is to clarify the required contents of the BRMP, identify potential locations for implementing the oak tree mitigation program, and determine the applicant's preferred processing schedule. Task A.2: Field Reconnaissance The BonTerra biological monitor will accompany the applicant's consultant on a field reconnaissance to verify the suitability of candidate locations for the oak tree mitigation program. It is assumed that one six -hour field day will be required to complete the reconnaissance. Task A.3: Review Draft BRMP and Landscape Plan BonTerra will review the draft BRMP and the landscape plan for conformance to the intent of mitigation measures described in the EIR and the quality of habitat that would result from BRMP/Landscape Plan implementation. Review meetings will be attended with the applicant, as requested (10 hours of meetings are assumed). A memorandum will be submitted to the City summarizing the results of the review and recommending revisions necessary to insure that all applicable restoration/ revegetation requirements are met. As part of the review, any oak trees proposed for relocation will be reviewed in the field to determine overall quality and health and the potential for successful relocation. Relocation receiving sites will also be reviewed for acceptability. Page 1 Task A4: Review Permit Requirements of Regulatory Agencies Any permit applications submitted to the U.S. Army Corps of Engineers (USACE), the California Department of Fish and Game (CDFG), or the Regional Water Quality Control Board (RWQCB) will be reviewed by BonTerra. The intent of this review is to insure that any proposed mitigation measures required for permit issuance are consistent with the mitigation measures specified in the Mitigation Monitoring Plan (MMP) (specifically oak tree mitigation and sedimentation control). Copies of all issued permits will be provided to BonTerra for review and documentation of compliance with the MMP. A memorandum summarizing BonTerra's comments and recommendations regarding permit content will be submitted to the City. Task A& . Project Management and Coordination Activities BonTerra will coordinate with the applicant and the City concerning the status of the various tasks in this phase. PHASE B: REVIEW OF OAKIWALNUT MITIGATION PLAN DESIGN Task 131: Review Oak/Walnut Mitigation Plan Designs BonTerra will review the oak tree mitigation plan designs for conformance to: mitigation measures in the EIR and MMP; guidelines and procedures contained in the BRMP; and generally accepted restoration practices. A review memorandum will be submitted to the City and the applicant with recommended revisions. Task B2: Project Management and Coordination Activities BonTerra will coordinate with the applicant and the City concerning the status of the various tasks in this phase. PHASE C: PREPARE EIR ADDENDUM Task Cl: Prepare Screencheck Draft of Addendum to Final EIR BonTerra will prepare a screencheck draft of an addendum to the certified EIR. The purpose of the addendum is to describe the applicant's proposed revision to the coastal sage scrub mitigation program in the EIR and to evaluate the potential environmental impacts of the revision. The proposed revision would eliminate mitigation measure number 15 in the approved Mitigation Monitoring Program. The applicant has recently provided information that indicates that the acreage and quality of coastal sage scrub vegetation in the open space areas on the project site, as well as on the applicant's other ownership of Lot 9 of Tract 31479, provide mitigation that substantially exceeds typical regulatory agency requirements. A draft of the addendum will be submitted to the City for review. Task C2: Prepare Draft Addendum to Final EIR Upon receipt of the City's comments on the screencheck addendum to the EIR, BonTerra will revise the addendum and submit 30 copies to the City. Public review of the addendum is not required. We understand that the addendum to the EIR will be part of the Final Map documentation provided to the City Council for approval. Page Task C3: Attend City Council Meetings BonTerra will attend two City Council meetings when the addendum to the EIR and the Final Map documentation is under consideration. The BonTerra principal will be available to answer any questions raised and to elaborate upon the environmental analysis in the addendum. PHASE D: FIVE-YEAR MONITORING OF BRMP AND MMP IMPLEMENTATION Task D1: Attend Construction Meetings The BonTerra biological monitor will attend construction meetings with the applicant's grading contractor, landscape installation company, project engineer, and other project team members periodically during the development process. Phases of project construction that aro expected to require these meetings include: - prior to grading - at initiation of grading and weekly during grading - after installation of erosion/drainage control measures Results of these meetings will be reported in the monthly monitoring reports submitted by the BonTerra biological monitor to the City (see Task 136). Task D2: Conduct Pre -Grading Monitoring Activities for Sensitive Resources The BonTerra biological monitor will survey the project construction limits for the presence of occupied raptor nests or nest burrows for burrowing owls. Occupied raptor nests/burrows will be mapped on the construction plans by the project biologist. Other requirements of the EIR mitigation measure will be followed. (See Mitigation Monitoring Plan, Measure 14) The biological monitor will map all sensitive habitats within 100 feet of the grading limits and/or fuel modification limits shown on the grading and landscape plans to insure that grading activities do not impact areas that were not evaluated in the EIR. The biological monitor will stake/flag these protected areas in the field prior to and during grading. The requirements of the EIR mitigation measure will _be followed. (See Mitigation Monitoring Plan, Measure 3) Task D3: Biological Monitoring During Grading The biological monitor will conduct weekly monitoring of the project site during the grading period to insure that the identified sensitive resources are being avoided. Any oak trees identified for relocation will also be monitored during preparation, removal, and relocation to the designated location to facilitate successful completion. Other elements of the BRMP that are to be accomplished during the grading period will be monitored to insure conformance to its requirements. The budget assumes a 10 -month grading period. Task D4: Perform Monitoring of Oak/Walnut Mitigation Installation BonTerra has allocated up to 60 hours to perform mitigation installation monitoring and coordination tasks to facilitate compliance with the methodologies specked in the BRMP and the successful establishment of oak/walnut habitat involving approximately 1,100 trees. BonTerra Consulting will meet with the landscape contractor, the Page 3 applicant, grading contractors, the City, and other appropriate entities as necessary prior to and during installation to identify and clarify site preparation requirements and seeding/planting methods, and to resolve any issues that arise during installation. Monitoring activities will include field inspections: 1) during oak tree relocation and native vegetation duff and topsoil salvage; 2) prior to and during weed eradication; 3) during soil preparation; 4) during irrigation installation, and 5) during salvage materials application, relocated tree planting, container planting, and seed mix application activities. Monitoring will also include coordination with the landscape contractor; coordination with the hydroseed company (if different from the landscape contractor); coordination with the seed and native species supplier; and coordination with the applicant. Specific monitoring tasks at the sites will include the following: a. Photo documentation of pre-existing site conditions and installation procedures b. Identification of appropriate oak trees to be relocated c. Identification of suitable salvage materials stockpile areas d. Identification and flagging of non-native species to be removed (if present) e. Coordination of plant/seed orders f. Performance of field inspections during weed control, soils treatments, native vegetation duff and topsoil salvage and stockpiling, salvage materials re-application, and irrigation installation activities g. Identification of oak tree relocation sites and location and layout of seed mixes and container species h. Performance of field inspections during seed mix application and container planting i. Performance of final field inspections and verification of successful installation completion. Task D5: Perform Five-year Monitoring for Oak/Walnut Mitigation BonTerra Consulting will monitor the progress of the oak/walnut habitat restoration areas during the first five years following installation completion to facilitate compliance with required performance standards and the successful establishment of native habitat. Based on the guidelines and requirements of the BRMP, monitoring is expected to consist of: 1) site examinations performed at each site once a month for 12 months (12 visits total) during the first year following installation; and .2) site examinations performed quarterly at each site for the subsequent four years (32 visits total ). Prior to the initiation of the five-year monitoring program at the oakMalnut mitigation sites, BonTerra will establish 10 photo documentation sites as a means of providing documentation of site progress. Monitoring activities will include: a. Photographing site conditions and progress for up to fire years using established photo documentation stations. b. Performing qualitative surveys during all site visits to assess tree growth, native plant species percent coverage, plant species diversity and composition, plant mortality and germination failure, plant fitness and health, pest problems, problem non-native species establishment, soils conditions, irrigation system performance, wildlife species use of the site, and general site performance. Pape 4 C. Determining native plant species coverage, species composition, and tree growth performance once a year using randomly located transects (non -permanent locations). A total of fifteen 25 -meter transect: will be located in the Oak/Walrwt mitigation sites. d. Identifying necessary remedial maintenance measures such as tree replacement/maintenance pruning, re -seeding, re -planting, weed species control, irrigation system adjustments, soils treatments, pest control, and any other measures considered necessary to facilitate compliance with site. performance goals and the establishment of native plant species. BonTerra Consulting will meet with the maintenance contractor as necessary during regularly scheduled site visits to discuss site conditions and recommended maintenance measures. Task D6: Develop Progress Reports and Annual Monitoring Reports Progress reports (46 total) summarizing site status and appropriate remedial measures will be submitted to the City, the maintenance contractor, and the applicant following each monitoring site visit with the exception of the site visits immediately preceding the development of each yearly status report. A total of five yearly site status reports will be submitted to the applicant, the CDFG (if required by the 1603 Agreement), and the City. These reports will include: 1) a summary of relocated trees, seeded, salvage, and container plant species composition, coverage, and general health; 2) compliance with performance standards; 3) a summary of overall progress towards successful habitat establishment; 4) problem weed species establishment; and 5) remedial measures considered necessary to ensure compliance with all performance goals and the successful establishment of oak/walnut woodland habitat. Photographs taken at established stations will also be included in each report. Task 137: Perform Project Management and Coordination (Five Years) BonTerra has allocated 125 hours over a five-year period to perform project management and coordination tasks, and attend meetings with the applicant, the landscape contractor, resource agency personnel, the City, and other appropriate entities (20 hours for Tom Smith and 105 hours for Melissa Howe). BonTerra Consulting will also coordinate with the regulatory agencies and the City regarding the completion of the five-year maintenance and monitoring program and agency concurrence with maintenance and monitoring program termination. Page 5 FEE ESTIMATE CONTRACT TASK 10: IMPLEMENTATION OF MITIGATION MONITORING PROGRAM (MMP) VTTM NO. 52267 January 26,1999 Revised October 21, 1999 Phase A: Review of Biological Resources Management Plan (BRMP) Task Al: 910.00 Task A2: 600.00 Task A3: 2,590.00 Task A4: 1,670.00 Task Ai- 2.450.00 Subtotals Phase A: 8,220.00 Administrative/Clerical - 12% 986.00 Reimbursables 150.00 Total Budget Phase A: $9,356.00 Phase B: Review Oak/Walnut Mitigation Plan Designs Task B1: 2,420.00 Task 132: 960.00, Subtotals Phase B: 3,400.00 Administrative/Clerical - 12% 408.00 Reimbursables 60.00 Total "at Phase B: $3,868.00 " Phase C: EIR Addendum Task Cl: 1,750.00 Task C2: 680.00 Task C3: 920.00 Subtotals Phase C: 3,350.00 Administrative/Clerical - 12% 402.00 Reimbursables 100.00 Total Budget Phase C: $3,852.00 Phase D: Five -Year Monitoring of BRMP and MMP Implementation Task D1: 3,950.00 Task D2: 1,050.00 Task D3: 11,450.00 Task 134: 4,375.00 Task D5: 18,850.00 Papa 6 Task D6: 25,445.00 Task D7: 10,175.00 Subtotals Phase D: 75,295.00 Administrative/Clerical - 12% 9,035.00 Cost of Living Increase for Tasks D5 to D7 in Years 2 and 4 (3°% each) 3,182.00 Reimbursables 4,000.00 Total Budget Phase D: $91,512.00 Subtotal Fees/Expenses all Phases: $108,588.00 Recommended Contingency at City's Discretion (10%) $10,858.00 TOTAL FEES/EXPENSES AND CONTINGENCY 57191446.00 Pop CITY OF DIAMOND BAR AGENDA NO AGENDA REPORT TO: Honorable Mayor and Members of the City Council 10, 2000 15, 2000 REPORT DATE: February MEETING DATE TerrenFebruc L. Belanger, City Manager FROM: City Council of the City of Diamond Bar Authorizing TITLE; Resolution of the n to the State Water the Filing of a Petitioot1 he Regional Water Quality Contesting Action Taken with Rcspec Control Board Order No. 96-054 WQCB Order No. SCARY: The attached staff report and resolution concerns wee . orporra ed into the 054, whereby specific numeric standards and other provisions. Storm Water Management Permitof the City of Diamond Bar via the of Standard a Water Mitigation Plan (SUSMP) without the expressed Control Board. public hearing held January 26, 2000 by the California Regional WaterQualityopposition on to the action The attached report and resolution explains the reasons fort strati e' action only and does not and order. Importantly, this resolution represents an adn in' specific legal challenge of the Order. In addition, it identifies the commit the City to any P 1 with the requirements of Order 96-054, and an retention to commitment of the City to comply submit a notice of such compliance. review the attached resolution, and direct staff as RECOMMENDATION: That the City Council appropriate. Public Hearing Notification LIST OF ATTACIFVIENTS: X_ Staff Report — Bid Specification X_ Resolution — Other Ordinance — ;%):M,RNAL DISTRIBUTION UTTAI, CHECKLIST: X No 1. Has the Resolution, ordnance, or agreement 4/5 vote? reviewed? —Yes 2. Does the report require a majority o —YeS —No 3. Has environmental impact been assessed? N/A Yes —No 4. Has the report been reviewed by a Commission. — Which Commission?Yes —No 5. Are other departments affected by the report? N/A Report discussed with the following affected departments: REVIEWED BY: G. Terrence L. Bel a es DeStefan u City Manager Deputy City Manager Deputy Director of Public Works MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager MEETING DATE: February 15, 2000 RE: Resolution of the City Council of the City of Diamond Bar Authorizing the Filing of a Petition to the State Water Resources Control Board Contesting Action Taken By the California Regional Water Quality Control Board, Los Angeles Region, in connection with LARWQCB No. 96-054 SUMMARY: This staff report and attached resolution concern LARWQCB Order No. 96-054, whereby specific numeric standards and other provisions were incorporated into the Storm Water Management Permit of the City of Diamond Bar via the Standard Urban Storm Water Mitigation Plan (SUSMP) without the expressed concurrence of the permittee at a public hearing held January 26, 2000 by the California Regional Water Quality Control Board. This report and the resolution explain the reasons for the City's opposition to the action and order. Importantly, the resolution represents an administrative action only and does not commit the City to any specific legal challenge of the Order. In addition, it identifies the commitment of the City to comply with the requirements of Order 96-054, and an intention to submit a notice of such compliance. DISCUSSION: On January 26, 2000, the Regional Water Quality Control Board voted to adopt the Standard Urban Storm Water Mitigation Plan (SUSMP) that contained several elements opposed by the City and other co -permittees due to various reasons. The reasons are clearly identified on the attached resolution. By approving the resolution, the City is authorizing the development and filing of a Petition to the State Water Resources Control Board challenging the action taken by the Regional Board on January 26, 2000. The action has yet to be issued, but it amends Order No. 96-054 that is the Municipal Storm Water Permit. Furthermore, the resolution authorizes the submission of a notice to the Executive Officer of the Regional Board that the City intends to comply with the requirements of the Order and the Administrative Review Process set forth by the current permit. It would request that the Executive Officer similarly comply with the terms of Order 96-054. Finally, the resolution would authorize the legal counsel be retained to advise and assist the City in the filing of the Petition to the State Water Resources Control Board and in pursuing the Administrative Review Process embodied in the current storm water permit. In no way does the resolution authorize or commit the City to any legal action against the regulatory agencies. RECOMMENDATION: That the City Council review the attached resolution, and direct staff as appropriate. RESOLUTION NO. 2000- A Resolution of the City Council of the City of Diamond Bar, authorizing the filing of a Petition to the State Water Resources Control Board contesting action taken by the California Regional Water Quality Control Board, Los Angeles Region, and its Executive Officer in connection with LARWQCB Order No. 96-054. WHEREAS, the City of Diamond Bar ("City") was issued a Permit from the Los Angeles Regional WaterQuality Control Board ("Regional Board") on July 15, 1996, Order No. 96-054 of the Regional Board which serves as the City's National Pollutant Discharge Elimination System ("NPDES") Permit under the Federal Clean Water Act, as well as Waste Discharge Requirements for the City under the Porter Cologne Act. This Permit became effective on July 31, 1996, and will expire on its own terms on June 30, 2001; WHEREAS, under the Permit, the City, along with all other incorporated cities in the County of Los Angeles (except the City of Long Beach), and the County of Los Angeles itself, as a Permittee was required to submit a Standard Urban Storm Water Mitigation Plan ("SUSMP") to the Executive Officer of the Regional Board for his review and approval or disapproval; WHEREAS, the SUSMP was to incorporate appropriate elements of the Best Management Practices approved by the Regional Board in April of 1999, and was to apply to certain specified development categories to require applicants of such projects to submit an Urban Stormwater Mitigation Plan that implements, to the maximum extent practicable, appropriate requirements and measures to minimize impacts from storm water runoff, and to reduce storm water pollutant to the maximum extent practicable, along with other requirements as specified in Order No. 96-054; WHEREAS, a SUSMP Program, on behalf of the Permittees was in fact submitted to the Executive Officer of the Regional Board in July of 1999 and thereafter resubmitted to address certain Regional Board staff comments in August of 1999; WHEREAS, the SUSMP Program submitted to the Regional Board's Executive Officer by the Permittees has to date not been formerly approved or disapproved in accordance with the Administrative Review Process set forth in Order No. 96-054; WHEREAS, on September 16, 1999, unilateral Regional Board staff proposed changes to the Permittees' SUSMP Program were discussed before the Regional Board at a public workshop. At that time, the Regional Board took no formal action but instead determined to continue the matter for approximately 90 days with a new hearing to be re -noticed on proposed actions and/or recommendations to be taken by the Regional Board. WHEREAS, on January 26, 2000, the Regional Board conducted a public hearing on a proposed SUSMP Program that had not been submitted by the Permittees and that included specific terms that had not been agreed to by the City. By the January 26, 2000 public hearing, the Regional Board had not commenced or complied with the Administrative Review Process as set forth under Order No. 96-054, a process required to be followed for the review and consideration of the SUSAIP Program submitted by the Permittees. Further, the terms included in the Regional Board's proposed SUSMP Program included numerical mitigation measures on the retention and/or treatment of storm water runoff of .75" within a 24 hour storm event for nine (9) project categories which had not been agreed to by the Permittees, and which had not been included in the Permittees' SUSMP Program; WHEREAS, the numerical mitigation measures and other SUSMP terms proposed by Regional Board staff were, with some modification, approved by the Regional Board on January 26, 2000, whereupon the Board directed its Executive Officer to approve the Regional Board's proposed SUSMP Program with the Board's imposed modifications; WHEREAS, the Regional Board mandated SUSMP Program would, in many cases, necessitate the imposition of structural controls on new developments, including but not limited to extended detention basins, wet ponds, infiltration basins/ponds (which reduce the developable space), storm drain -connected oil/grease separators, catch basin inserts, grassy swales and other devices, in the following development projects: gas stations, restaurants over 5,000 square feet, auto repair shops, 10-99 home subdivisions, 100+ home subdivisions, single family hillside homes, 100,000 sq. ft. commercial development projects, development in an undefined area known as environmentally sensitive areas, and parking lots with 25 or more spaces (equivalent to approximately 5,000 sq. ft. of surface area). The Regional Board mandated SUSNT Program will also apply to redevelopment occurring in the above categories if the redevelopment results in the "creation or addition of fifty percent or more of impervious surfaces, or the making of impervious surfaces, or the making of improvements to fifty percent or more of the existing structure;" WHEREAS, the action taken by the Regional Board was not authorized by the Permit, the Clean Water Act, or state law and does not appear to have been supported by sufficient studies and investigation into the effectiveness of the proposed numerical mitigation measures, nor was it supported by a cost benefit analysis; WHEREAS, the Regional Board mandated SUSMP Program would not only apply to discretionary projects brought before the City but also to non -discretionary projects. The mandated SUSMP Program is to be codified by new City ordinances within six (6) months of the Executive Officers' formal approval of the same, and is to be implemented thirty (30) days thereafter by the City; WHEREAS, the action taken by the Regional Board on January 26, 2000, and the action to be taken by the Executive Officer pursuant to the direction of the Regional Board, are inconsistent with the requirements of the Permit, the Clean Water Act, and state law, and will result in the imposition of unfunded mandated programs on the City and its citizenry, whereby such mandated programs have not been shown to be cost effective or to reduce pollutants to the maximum extent practicable, as provided for under the Clean Water Act; NOW, THEREFORE, the City Council of the City of Diamond Bar, does hereby resolve as follows: SECTION 1. To proceed with the filing of a Petition to the State Water Resources Control Board challenging the action taken by the Regional Water Quality Control Board in connection with Order No. 96-054 on January 26, 2000, and the action to be taken by the Executive Officer pursuant to the Regional Board's direction on such date; SECTION 2. To authorize the submission of a notice to the Executive Officer of the Regional Board that the City intends to comply with the requirements of Order No. 96-054 and the Administrative Review Process set forth thereunder, and to request that the Executive Officer, in accordance with the Permit, similarly comply with the terms of Order 96-054 for the Standard Urban Storm Water Mitigation Plan submitted on behalf of the City; SECTION 3. That legal counsel be retained to advise and assist the City in the filing of the Petition against the State Water Resources Control Board and in pursuing the Administrative Review Process as set forth under Order No. 96-054. SECTION 4. The City Clerk shall certify to the passage and adoption hereof. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF FEBRUARY, 2000. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on 150' day of February, 2000, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar 611,), - INTEROFFICE 11;1 - INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER I RE: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES FOR A TRANSPORTATION CORRIDOR ROUTE LOCATION STUDY DATE: FEBRUARY 15, 2000 RECOMMENDATION: It is recommended that the City Council approve and direct the Mayor to execute a contract for professional engineering services for a transportation corridor route location study, between the City of Diamond Bar and Parsons, Brinckerhoff, Quade and Douglas, Inc., in the amount of $74,797. DISCUSSION: The Four Corners Transportation Study Group, through funding assistance from the Southern California Council of Governments (SCAG) recently approved a study of transportation improvement alternatives in the area bounded by SR60, SR57, SR91 and SR7111-15. One of that study's recommendations was that an east -west connector corridor routed between Grand Avenue and SR142 (Carbon Canyon Road) be further studied, as the data suggested that such a corridor would mitigate the impact of traffic on Grand Avenue, Carbon Canyon Road and the SR60/SR57 interchange. The proposed corridor would essentially connect SR71 to SR57 (at the Brea Canyon Road interchange). Recently, the Boy Scouts of America, Los Angeles Council, agreed to sell approximately 2,300 +/- acres of it's land to the Wildlands Conservancy. This impending sale has created a heightened level of urgency in having a study conducted of a possible transportation corridor, in the upper portion of the Boy Scout's property. This study is necessary, as there is an interest in reserving a transportation corridor in this upper Scout property area through to the Shell Oil property and to SR 57. Parsons Brinckerhoff is uniquely qualified to conduct this type of study. In the early 1990's, PBQD conducted a transportation corridor alternatives study of Tonner, Carbon and Soquel Canyons. PBQD also performed the recently approved Four Corners study. The experience and knowledge PBQD brings to this engagement would assure a swift and comprehensive work product. -100 YEARS February 4, 2000 Mr. Terrence Belanger City Manager City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 l �� `Y Dear Mr anger: Parsons 505 South Main Street Brinkerhoff Suite 900 Orange, CA 92868-4529 714-973-4880 Fax: 714-973-4918 Parsons Brinckerhoff Quade & Douglas, Inc. is pleased to respond to your request for a proposal to identify potential alignments for a roadway through the Upper Tonner Canyon area. Our proposed scope of services and cost estimate are attached. The estimated schedule to accomplish this scope of services is approximately six months from notice to proceed. We have developed the scope to first identify constraints which could affect potential alignments, then to lay out alignment alternatives, and finally to identify additional studies and permits which will be required, and other issues which will need to be addressed, prior to implementation. As we discussed in our previous telephone conversation, the alignment alternatives will include scenarios with and without the proposed Tres Hermanos Reservoir. We would welcome the opportunity to work with you on this assignment and help to begin the process of implementing the Four Corners Study recommendations, If you have any questions about our proposal, or wish to discuss our proposed approach, please feel free to call me at (714) 973-4880. Sincerely, PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. James G. Douglas Senior Project Manager Over a Century of Engineering Excellence PROPOSAL FOR PROFESSIONAL SERVICES UPPER TONNER CANYON ROUTE LOCATION STUDY Presented by: PARSONS BRINCKERHOFF QUADE A DOUGLAS, INC. Presented to: CITY OF DIAMOND BAR February 4, 2000 SCOPE OF SERVICES The purpose of this study is to identify feasible route locations (alignments) for a proposed new road through the upper Tonner Canyon area, connecting the terminus of Eucalyptus Avenue in Chino Hills with the State Route 57 (SR -57) interchange at Brea Canyon Road. Potential alignments will be identified and mapped in a three-step process: 1. Identify and map relevant physical, property, and environmental information. 2. Identify and map potential alignments which offer the greatest promise for minimizing potential environmental impacts. 3. Identify potential adverse and beneficial impacts of the alternative alignments, and recommend further studies and identify issues which will need to be addressed to complete the environmental clearance process and project implementation. Our proposed scope of services is described in detail below. TASK 1: IDENTIFY AND MAP RELEVANT INFORMATION PB will .conduct an environmental screening to identify constraints and potential "fatal flaw" impacts. This will be accomplished by using in-house Geographic Information Systems databases and outside sources to map: • Jurisdictional boundaries • Property ownership in unincorporated areas • Relevant environmental factors (including the Significant Ecological Area, slopes, soils, floodplains, threatened and endangered species/habitat, hazardous materials/waste sites, wetlands, and other pertinent information) • Location of planned future Boy Scout camp facilities (information assumed to be provided by Boy Scouts of America) • Potential Tres Hermanos dam site and reservoir (information assumed to be provided by City of Industry) To assemble the relevant information, our scope of services includes meetings (if necessary) with the City of Diamond Bar, the City of Chino Hills, City of Industry, County of Los Angeles, County of San Bernardino, and Boy Scouts of America. Products: • Maps of property ownership and relevant environmental factors. TASK 2: PERFORM PRELIMINARY ENGINEERING STUDIES The objective of this task is to identify potential alignments for the potential roadway linking the terminus of Eucalyptus Avenue in Chino Hills with the State Route 57 (SR - 57) interchange at Brea Canyon Road. The identification of potential alignments will begin after Task 1 is complete, so the constraints mapping can be utilized to help find alignments which avoid constraints and minimize environmental impacts. Potential alignments will be identified for two scenarios: • Without a Tres Hermanos Reservoir With a Tres Hermanos Reservoir. The engineering studies include the following five elements. Conceptual/Preliminary Plans. Conceptual/preliminary design plans will be developed, including layout plans and profiles and typical sections for each of the alignment alternatives. The plans will be developed on recent digital ortho-photography. The mapping will be accurate at a scale of 1 inch = 200 feet. Product: • Layout Plans and Profiles • Typical Sections Utility Conflicts/Relocations. Each alignment alternative will be analyzed for any major conflicts with existing utilities, including drainage facilities. The existing utilities will be overlaid on the layout plans to illustrate potential conflicts. Product: • Utility Information on Project Layout Sheets Geotechnical. Existing geotechnical information will be obtained from the County, City, Caltrans and other sources (from previous projects). All geologic/goetechnical conditions that constrain the development of the alignment alternatives or impact the cost of those alternatives, due to required mitigation, will be assessed. PB, with the City's concurrence, will contract with a qualified geotechnical engineering firm to complete this assessment. Product: • Existing Geotechnical Conditions Report Permits. Some agencies (such as the Army Corp of Engineers) require permits before a project can be approved. We will identify permits that will be necessary to implement the proposed improvements. Product: • Inventory of Required Permits Cost Estimates. This task involves preparation of cost estimates for each conceptual/preliminary alternative. The estimate will provide order of magnitude costs for major items of work including roadwork, earthwork, and structures. Product: • Construction Cost Estimates TASK 3: IDENTIFY POTENTIAL IMPACTS, RECOMMEND FURTHER STUDIES After potential road alignments have been identified, PB will use the GIS databases to identify potential property impacts, hazardous materials, noise sensitive uses, wetlands, floodplains, parks and recreation areas, land use, as well as other environmental constraints and issues that may affect the viability of an alternative. Data from the 1990 U.S. Census and forecasts from SCAG will also be reviewed and analyzed to identify potential socioeconomic effects. A Preliminary Environmental Analysis will be prepared to identify potential adverse and beneficial impacts of alternatives and to recommend further studies and permits that may be required by local, state, and federal agencies for environmental clearance and project implementation. Environmental issues and resources will be identified and summarized in a matrix for each alternative. Product: • Preliminary Environmental Analysis, including discussion of potential environmental issues associated with each alternative and recommended technical studies for subsequent steps in the project development process. UPPER TONNER CANYON ROUTE LOCATION STUDY PROPOSED PROJECT BUDGET LABOR Tasks Services Budget 1,3 Environmental $ 19,575 2 Engineering 36,755 1-3 Project Management 4,798 LABOR SUBTOTAL 61,128 DIRECT EXPENSES Mapping 3,990 Geotechnical subconsultant 4,000 CADD 1,080 GIS 1,200 Other direct expenses 3,399 DIRECT EXPENSE SUBTOTAL 13,669 TOTAL PROJECT BUDGET $ 74,797 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15, 2000 REPORT DATE: February 10, 2000 FROM: Terrence L. Belanger, City Manager TITLE: REPORT ON THE STATUS OF THE GENERAL PLAN AND PROGRESS IN ITS IMPLEMENTATION SUMMARY: California Government Code Section 65400(b) requires the preparation of an annual report for presentation to the City Council regarding the status of the City's General Plan and progress in its implementation. The report was reviewed by the Planning Commission at its meeting of February 8, 2000. RECOMMENDATION: It is recommended that the City Council receive and file the report and direct staff to forward copies to the State Office of Planning and Research and the State Department of Housing and Community Development. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification _ Resolutions _ Bid Specification _ Ordinances Agreements SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A Yes No reviewed by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? X Yes No Which Commission? Planning Commission 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVIEWED BY: (�U" ^I;. - Terrence L. Bel n er City Manager JW�fan �7p Deputy City Manager CITY COUNCIL REPORT AGENDA NO._ MEETING DATE: February 15, 2000 TO: Honorable Mayor and Members City Council FROM: Terrence L. Belanger, City Manager SUBJECT: PROGRESS IN ITS IMPLEMENTATION REPORT ON THE STATUS OF THE GENERAL PLAN AND ISSUE STATEMENT: California Government Code Section 65400(b) requires the preparation of an annual report for presentation to the City Council regarding the status of the City's General Plan and progress in its implementation. The report was reviewed by the Planning Commission at its meeting of February 8, 2000. RECOMMENDATION: It is recommended that the City Council receive and file the report and direct staff to forward copies to the State Office of Planning and Research and the State Department of Housing and Community Development. BACKGROUND: State law requires each city and county to prepare and adopt a comprehensive, long- term general plan for the physical development of the city and any land outside its boundaries, which bears relation to its planning. The City of Diamond Bar adopted its General Plan on July 25, 1995. The General Plan contains all seven mandatory elements as required by State law and is guided by a six part "Vision Statement". The General Plan is a policy document comprised of 360 goals, objectives, and strategies for implementation. Government Code Section 65400 (b) requires that an annual report be presented to the local legislative body, the Governor's Office of Planning and Research, and the Department of Housing and Community Development on the status of the General Plan and progress in its implementation. The annual report shall include information regarding the City's progress in meeting its share of regional housing needs pursuant to Government Code Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement and development of housing pursuant to Section 65583. 1 The City Council is being presented with the first General Plan Annual Report. As such, this report will include the General Plan's progress from July 25, 1995, to December 31, 1999. The General Plan Annual Report was presented to the Planning Commission on February 8, 2000 and is being forwarded to the City Council for review pursuant to the requirements of the Government Code. Prepared by: James DeStefano Deputy City Manager and Ann Lungu Associate Planner Attachment: General Plan Annual Report City of Diamond Bar GENERAL PLAN ANNUAL REPORT Period ending December 31, 1999 INTRODUCTION On July 25, 1995, the City Council adopted the City of Diamond Bar's General Plan. A General Plan is a State mandated document that a city uses to plan the framework for its future physical, social and economic development. A General Plan is considered a long-term document that steers development within a community for 15 to 20 years. By projecting conditions and needs into the future, the General Plan establishes a basis for evaluating current policy and providing insight on future policy. The City of Diamond Bar General Plan consists of six elements as identified below: Land Use Housing Resource Management Public Health and Safety Circulation Public Services and Facilities The following information provides the implementation status of each General Plan Element and its implementation. Land Use Element Since the adoption of the Land Use Element, development in Diamond Bar has occurred pursuant to the goals, objectives and policies of the General Plan. Diamond Bar is primarily a residential community. Single family detached units represent a majority of the City's housing stock; however multi -family housing exists along Diamond Bar Boulevard, south of Grand Avenue and on Golden Springs Drive, north of Diamond Bar Boulevard. Upon the adoption of the General Plan, it was estimated that 17,813 residential housing units existed. The total expected residential housing units is 18,928. Since the General Plan's adoption, 191 single-family housing units have been constructed. It is anticipated that the following single family residential housing subdivisions, approved since 1995, will commence construction in the near future. 1 Year Approved Mao Number Units Developer Location • 1995 VTM 48487 15 JCC Windmill Drive; • 1997 VTM 50314 13 JCC Windmill Drive; 1998 VTM 52267 130 SunCal Diamond Bar Blvd.; 1999 PM 23382 3 Dolezhal Steeplechase Lane. No multiple family residential units have been processed for construction entitlements since 1993. At the adoption of the General Plan, the existing commercial/ industrial square footage was estimated at 5,865,000 square feet. Since the General Plan's adoption, approximately, 523,000 square feet of commercial development has been constructed. The majority of this new commercial development relates to multi -story office buildings constructed within the Gateway Corporate Center. The approval of Tract No. 52267 implements a General Plan land use objective to maintain a feeling of open space within the community by identifying and preserving an adequate amount of open space. This approval will implement the planning objectives for Planning Area 2 (PA —2/SP) by concentrating development upon a 65 acre portion of the 425 acre site and by the dedication of approximately 350 acres of land for public ownership as open space and 10 acres of land as public park adjacent to Summitridge Park. The approval will also deposit $1,200,000.00 into the City's Parks and Facilities Development Fund. As a result of the policies contained within the General Plan, Diamond Bar adopted its Development Code on November 3, 1998, City Design Guidelines on June 16, 1998, and the Subdivision Ordinance on February 2, 1999. The purpose of the three documents is to implement the strategies of the General Plan. The City has adopted Hillside Management Standards that protect ridgelines, slope areas, canyons and hilltops. These standards incorporate landform grading; cluster development and a means to minimize visual and environmental impacts to ridgeline or prominent slopes. A Telecommunications Ordinance has been adopted. New Code Enforcement policies have been enacted. The newly adopted Development Code addresses parking for all types of land uses within Diamond Bar. To accomplish this objective, the City implements Off -Street Parking Standards for commercial and residential development. On March 2, 1999, the City Council approved General Plan Amendment No. 98-1. The amendment requires that a decision to rescind, terminate, abandon, remove or modify an open space deed, map restriction or open space land use designation must be preceded by both a finding by the City Council that the decision confers a significant benefit on the City and a favorable vote of the electorate at a regular or special election. This amendment further protects open space resources within the community. 2 The City has continued to monitor and comment upon proposed development activity in adjacent cities in order to protect the interests of the City of Diamond Bar. The Tres Hermanos Conservation Authority has been established with the City of Chino Hills to cooperatively plan for the future use of the 2700 -acre area known as the Tres Hermanos Ranch. Housing Element The purpose of the Housing Element is to identify and make provisions for existing and projected housing needs. Since the adoption of the General Plan 191 housing units have been constructed. Based on the Strategies within the Housing Element several programs have been implemented. In partnership with Los Angeles County, Diamond Bar offers a first time homebuyers program and Mortgage Credit Certificates. Diamond Bar continues to distribute information regarding the activities of San Gabriel Valley and Long Beach Fair Housing Councils to assist in the resolution of alleged housing discrimination cases. Assistance in the rehabilitation of homes occurs in conjunction with the Diamond Bar Improvement Association (DBIA) and the use of Community Development Block Grant (CDBG) funds. Additionally, a housing fund has been established through the City's Redevelopment Agency. The City has also provided public assistance through the Federal Emergency Management Agency (FEMA) in order to repair flood damage on private and public property. New residential zoning and development standards were adopted in 1998. Revised development processing fees were adopted in 1998. The Building Codes were revised and adopted in 1999. The Housing Element is scheduled for revision in 2000. Resource Management Element Issues and opportunities related to open space and conservation overlap in Diamond Bar. As a result, the City has combined the State mandated Open Space and Conservation Elements into a Resource Management Element. The Resource Management Element addresses open spaces, visual resources, biological resources, and parks and recreation. Additionally, this element establishes strategies for effectively managing local and natural resources to prevent waste, destruction, or neglect. To further the goals and objectives of this element, the City has adopted a tree preservation and permit process. This process includes provisions for the replacement and relocation for trees when their removal is necessary. A Recreational Needs Analysis was completed to determine the present and future recreation and park needs which has lead to the adoption of the City -Wide Comprehensive Parks Master Plan on March 17, 1998. A joint agreement has been established with the Walnut Valley Unified School District for the development of recreational facilities. The City continues to upgrade its park system through the addition of ball fields, lighting at Peterson Park, park renovations to meet the requirements of the Americans with Disabilities Act and the construction of Pantera Park. Currently planning is underway for the Sycamore Canyon Park renovation, construction of a Skate Park at Peterson Park and development of a trails master plan. Wherever feasible the City encourages new development to utilize reclaimed water. The Gateway Corporate Center, a new housing development (Diamond Crest Estates) and City medians utilize reclaimed water. Additionally, the City has established Water Efficient Landscape Standards in order to implement water conservation. The Subdivision Ordinance incorporates provisions to implement the Solar Rights Act of 1978. The City has purchased flexible fuel vehicles for its use. Diamond Bar continues to implement the Source Reduction and Recycling Element and Household Hazardous Waste Element. The Source Reduction and Recycling Element regulations were updated in 1999 with programs that exceed industry standards for residential, commercial and industrial generators of waste. In partnership with Los Angeles County, the City participates in a round -up and disposal program for hazardous waste. NPDES programs have been implemented. Public Health and Safety Element The Public Health and Safety Element contains provisions that relate to the protection of life, health, and property from natural hazards and man-made hazards. It identifies areas where public and private decisions on land use need to be sensitive to hazardous conditions caused by slope instability, seismic activity, flood, fire, and wind. As required by the newly adopted Uniform Building Codes, site-specific geotechnical investigations are mandatory to determine appropriate design parameters for the construction of public and private facilities in order to minimize the effects of geologic and seismic hazard on development. Drainage studies are required to ensure that proposed development will be adequately protected, and the development proposal will not create new downstream flood hazards. In 1999, the City adopted amendments updating the minimum National Flood Insurance Program Requirements for Flood Plain Management. The City continues to support law enforcement programs. A volunteer patrol program has been established. The City has implemented a neighborhood watch program. This program encourages community participation in the patrol of neighborhoods and facilitates an increased awareness of potential criminal activities. Code enforcement has expanded in scope and staff to implement new pro -active code enforcement policies. In 1999, Diamond Bar adopted a Standard Emergency Management System Multi - Hazard Functional Plan. This disaster plan integrates community resources into municipal emergency management, including a list of local resources such as personnel, equipment, material, specialized medical and other training and auxiliary communications/Mobil Emergency Operation Center. The City disseminates public information regarding disaster preparedness through it Neighborhood Preparedness Response Plan and training program for citizens and employees. 4 The City has developed programs and facilities that encourage the use of personal computers to communicate with and receive information from the City electronically, thereby reducing the number of vehicle trips. Transportation Demand Management Standards are implemented by the City to improve local and regional air quality by encouraging ridesharing, use of public transportation and other transportation demand management techniques. The City continues to implement a citywide bikeway system and pedestrian sidewalks. The City also follows and implements the guidelines of the Los Angeles County Congestion Management Plan. Diamond Bar continues to implement its adopted noise control standards. These standards set thresholds for various noise sources in the community. In reviewing new development applications, consideration is given to potential noise sources that may impact nearby land uses. If there is a potential for noise problems, then appropriate mitigation measures are imposed. Circulation Element The Circulation Element defines the transportation needs of the City and presents a comprehensive transportation plan to accommodate those needs. The focus of this element is the identification and evaluation of local circulation needs, balancing those needs with regional demands and mandates. Diamond Bar participates in local and regional transportation planning and decision making by implementing the guidelines of the Los Angeles County Congestion Management Plan. Diamond Bar is an active member of the Four Corners Group and is an energetic participant in the Four Corners Transportation Study. This study focuses on potential transportation improvements in the area bounded by State Routes 57, 91 and 60 and Interstate 15, assists in the evaluation of an alternate travel corridor through the easterly portion of the City's Sphere of Influence. The City continues its interest and participation in regional transportation studies and projects such as the Alameda Corridor East project, truck transportation studies and support of modifications and construction of freeway improvements. Through the annual investment in the Capital Improvement Program (CIP), the City continues to make improvements to its infrastructure systems. The CIP implements street rehabilitation, traffic control projects and A.D.A. requirements. To maximize the use of alternative transportation modes within and through the City and decrease reliance on single -passenger automobiles, the City implements a transportation subsidy program and Diamond Ride, a local transit service. Additionally, the City has worked with Cal -Trans to expand existing park and ride facilities at Diamond Bar Boulevard and to construct a new facility at Pathfinder Road. The City continues to improve the safety and efficiency of existing transportation facilities by adding turn lanes and striped medians, extending turn pockets at Grand Avenue/Golden Springs Drive, Pathfinder/Brea Canyon Roads and synchronizing signals at Diamond Bar Boulevard and Grand Avenue. Signals have been installed at Diamond Bar Boulevard/Montefino Avenue, Quail Summit Road, Mountain Laurel Way, 5 Brea Canyon Road, Silver Bullet, Diamond Bar Boulevard/Goldrush Drive, Diamond Bar Boulevard/Palomino Drive, Lemon Avenue/Lycoming Street, Golden Springs Drive/Calbourne Drive and Golden Springs Drive/Rapid View Drive. Additionally, to improve the safety and efficiency of existing facilities, the City requires all new development to provide mitigation measures and pay its "fair share" for traffic impacts. Public Services and Facilities Element The Public Services and Facilities Element plans for the long-term provision of municipal services and facilities, and the type of facilities that are needed to support those services. This element focuses on: identifying City facilities and services needed to sustain the community's quality of life; long-range planning to fund City services and buildings; and coordinating and cooperating with various local agencies to provide those services not provided by the City. In order to provide adequate infrastructure facilities and public services to support growth and planned development, the City continues to impose fees for or require the project sponsor to provide water, sewer, drainage, public sewer system, necessary infrastructure for new capital facilities and the expansion of existing facilities in proportion to the demand created by development. Diamond Bar continues to provide residents with access to high quality local educational facilities by its joint agreement with the Walnut Valley School District for the development of recreational facilities. Additionally, the City has worked with the Pomona Unified School District to establish Diamond Ranch High School that opened in September 1997. Through the City's zoning and development regulations, the establishment of private schools, educational institutions, museums and performing arts facilities may be constructed. In 1999, a task force was established to investigate possible sites for a civic center with a multi -use community center. In 1995, the City established a special budget fund that assists the Diamond Bar Los Angeles County library. Diamond Bar maintains a public information program to inform residents of community events. This program includes: three community bulletin boards at major locations throughout the City, a web site, Community Newsletter, Community Calendar and City of Diamond Bar Community Recreation Guide. The City continues to implement a fiscally prudent financial philosophy. The City has created a Redevelopment Agency, established in 1996, a redevelopment project area and economic development programs to remove characteristics of blight and to market attributes and the potential for business and development retention and expansion. The Redevelopment Agency has provided financial assistance to attract large employers to locate within the Gateway Corporate Center. The preparation of an economic development strategic plan is currently in process. Prepared by: James DeStefano Deputy City Manager and Ann Lungu Associate Planner CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. �2.. TO: Terrence L. Belanger, City Manager MEETING DATE: February 15, 2000 REPORT DATE: February 7, 2000 FROM: Bob Rose, Community Services Director TITLE: Consideration of Site Selection for the Proposed Community/Civic Center SUMMARY: There are currently four sites that are being considered for the proposed Community/Civic Center complex: 1. Flat pad (vacant) south of and behind Calvary Chapel at Grand Avenue and Golden Springs Drive (Hospital Site). 2. Vacant pad southwest of current City Hall on Bridge Gate Drive in Gateway Corporate Center (Kaiser site). 3. Northwest portion of Summitridge Park at Grand Avenue and Summitridge Drive. 4. Portion of Diamond Bar Golf Course where club house and banquet facilities are currently located (Grand Avenue and Golden Springs Drive). To assist with this decision, staff worked with L.P.A. and developed a series of digital photos of each of the sites and placed the proposed facilities of the complex into each of the photos using computer technology. These photos show how the facilities will look from various points of reference in the vicinity of each site. RECOMMENDATION: Review the four sites under consideration for the proposed Community/Civic Center and select a primary site. It is further recommended that if a site is selected, that the City Council direct staff to complete the following items to continue moving this project forward: 1. Obtain a topographic survey and geotechnical study of the primary site. 2. Release an RFP to begin the formal selection process for an architect to design the Community/Civic Center complex. 3. Start the California Environmental Quality Act (CEQA) process to analyze the primary site and the effect the proposed facilities may have on the environment. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) Bid Specification (on file in City Clerk's office) Ordinance(s) x Other: 10/18/99 Survey Results Agreement(s) Minutes of 1/18/00 Study Session Pros & Cons for each site 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? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIE D D T ENT HEAD: �kfigmaii Terrence L. Belan es DeStefanoo City Manager Deputy City Manager o u ty Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of Site Selection for the Proposed Community/Civic Center ISSUE STATEMENT: There are currently four sites under consideration by the City Council for the proposed Community/Civic Center. This agenda item presents the opportunity for the City Council to select a primary site for this complex. RECOMMENDATION: Review the four sites under consideration for the proposed Community/Civic Center and select a primary site. It is further recommended that if a site is selected, that the City Council direct staff to complete the following items to continue moving this project forward: 1. Obtain a topographic survey and geotechnical study of the primary site. 2. Release an RFP to begin the formai selection process for an architect to design the Community/Civic Center complex. 3. Start the California Environmental Quality Act (CEQA) process to analyze the primary site and the effect the proposed facilities may have on the environment. FINANCIAL SUMMARY: There are no financial considerations related to this report. However, should the City Council direct staff to obtain a topographic survey, geotechnical report or to start the C.E.Q.A. process, there are consultant costs related to each of these. There are funds already included in the 1999/2000 FY budget for this work. There are also funds available should the City Council direct staff to pursue the architect for this project. BACKGROUND: The City Council has been presented with a variety of types of information to assist with the selection of the primary site for the proposed Community/Civic Center. In its report to the City Council on June 29, 1999, the Community/Civic Center Task Force recommended the following sites, in priority order: 1. Flatpad (vacant) south of and behind Calvary Chapel at Grand Avenue and Golden Springs Drive (Hospital Site). 2. Vacant pad southwest of current City Hall on Bridge Gate Drive in Gateway Corporate Center (Kaiser Site). 3. Northwest portion of Summitridge Park at Grand Avenue and Summitridge Drive. 4. Portion of Diamond Bar Golf Course where club house and banquet facilities are currently located (Grand Avenue and Golden Springs Drive) The Task Force presented the "Pros" and "Cons" for each of these sites in their report as well. (See attachment). li. In a public opinion poll where survey cards were distributed during the 1999 Summer Concerts In The Park series and in the August, 1999 Windmill, the following results were tabulated as of October 18, 1999, in priority order (see complete survey results attached): 1. Hospital site 2. Kaiser site 3. Summitridge Park site 4. Diamond Bar Golf Course site III. In the fiscal analysis report presented to the City Council at its December 7, 1999 regular meeting and at its January 18, 2000 study session, the following site cost estimates were presented, in order of least expensive to most expensive: RANK SITE ACQUISITION COST SITE PREPARATON COST TOTAL SITE COST ESTIMATES 1 Summitridge Park None $522,700 $522,700 2 Kaiser Site $3.23 million None $3.23 million 3 Golf Course None $6.8 million $6.8 million 4 Hospital Site $8.6 million $1.7 million $10.3 million IV. The fiscal analysis also included "annual loss of potential revenue" costs for the four sites under consideration. Two of the sites are private property and if the City purchases the land, the City loses future property tax revenue, redevelopment tax increment and potential sales tax revenue that could be generated from future development of the sites. Following is the annual loss of potential revenue from the least potential loss to the most potential loss: RANK SITE ESTIMATE OF ANNUAL LOSS OF POTENTIAL REVENUE 1* Summitridge Park None 1* Golf Course None 3 Kaiser Site $88,200 4 Hospital Site $217,000 *Both Summitridge Park and the Diamond Bar Golf Course have the same level of potential annual revenue loss. DISCUSSION: At the conclusion of the Study Session on January 18, 2000, the City Council directed staff to make a public presentation representing how the proposed facilities would look on each of the four sites under consideration. The City directed its consultant, L.P.A., to develop a series of digital photos of each of the sites and to place the proposed facilities into each of the photos using computer technology. Although the facilities are not shown with any particular architectural style, the view of how the facilities will look from various points of reference should be clear. The facilities themselves are represented in a block style, and wall surface dimensions and heights should be accurate. Roof form has left off since that will be a product of the architectural style, that has yet to be determined. The City Council also directed staff to address concerns from residents living adjacent to Summitridge Park about traffic and noise. If Summitridge Park is selected as the primary site for the proposed Community/Civic Center, traffic and noise issues will be thoroughly studied in the California Environmental Quality Act analysis/report. That being said, traffic for the Community/Civic Center is proposed to be directed onto a new entry road leading from Grand Avenue along the west side of the park to the new complex. Also, the buildings are proposed to be constructed on the northwest portion of Summitridge Park, away from adjacent residents. Without the more extensive research that will be included in the C.E.Q.A. analysis, it appears to staff at this time that traffic and noise issues can be effectively mitigated with the new entry road and by building on the northwest portion of the park. FUTURE ITEMS if a primary site is determined by the City Council, there are several steps that will need to be completed to keep moving this project forward. These steps include: 1. Obtain a topographic survey and geotechnical study of the primary site. 2. Release an RFP to begin the formal selection process for an architect to design the Community/Civic Center complex. 3. Start the California Environmental Quality Act (C.E.Q.A.) process to analyze the primary site and the effect the proposed facilities may have on the environment. PREPARED BY: Bob Rose Director of Community Services Survey Results As a part of the public outreach program, staff conducted a survey of Diamond Bar residents on their opinions of the Community/ Civic Center facilities and potential sites. Surveys were distributed and collected during the Summer Concerts In The Park series and was included in the August, 1999 Windmill. A total of 804 completed survey cards were returned. Results of the survey are as follows: Cards Submitted — 804 Results as of -10118199 1. What site do you feel is best for the civic buildings (library, community center, senior center and city hall)? Kaiser 90 Hospital 407 Golf Course 77 Summit Ridge 211 2. What is your second choice for a site for the civic buildings? Kaiser 354 Hospital 155 Golf Course 115 Summit Ridge 134 3. Should the city purchase a site for the civic buildings or use Summit Ridge Park? Purchase 471 Summit Ridge 297 4. Should the city purchase a site for civic buildings or use a portion of the golf course? Purchase 483 Golf Course 255 5. Do you feel developing a sports complex on a portion of the Summit Ridge Park site is an appropriate use of park land? Yes 439 No 343 Should the city consider sites for the civic buildings even if a performing arts center cannot be built at the same location? Yes - elsewhere 341 No - same place 183 Not needed at all 238 No opinion 30 Prepared by: Bob Rose Community Services Director CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION PROPOSED COMMUNITYXIVIC CENTER PROJECT COST, SITE, PHASING AND FUNDING ANALYSIS JANUARY 18, 2000 1. CITY COUNCIL CALL TO ORDER: Mayor O'Connor called the meeting to order at 4:55 p.m. in the South Coast Air Quality Management District Room CC -2, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Chang, Herrera, Huff, and Mayor O'Connor. Mayor Pro Tem Ansari was excused. Also present were: Terrence L. Belanger, City Manager; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. 3. DISCUSSION OF COST, SITE, PHASING AND FUNDING ANALYSIS OF PROPOSED COMMUNITY/CIVIC CENTER PROJECT. CM/Belanger stated that of the four sites under consideration, the lowest cost is obviously the Summitridge Park site currently owned by the City. If an altemative site were chosen, the purchase cost would be added to the total cost. Community/Senior Center: It is estimated that the base cost of the community senior center would be $2.3 million and that the annual maintenance and operation for this facility would be in the neighborhood of $250,000 to $350,000 depending upon the intensity of use, the number of staff members that would need to be available, and established policies for recovery of use of the space. Some cities adopt a philosophy that they, will recover 70% of the costs by leasing the rooms, etc. primarily to private organizations. Library: It is estimated that the cost of the library would be $2.5 million. It is presumed that the County would absorb the cost for the building of this facility. The proposal intends to add twice the amount of square footage that the current library enjoys. Therefore, the County may wish to pay for only a comparable 10,000 sq. ft. of space in a new facility rather than the entire 20,000 sq. ft. It is presumed that the County would sell the current library space. An appraisal of the current facility, which was completed in a down market, estimated the value at $1.9 million. CM/Belanger pointed out that the City has an excellent relationship with the current County Supervisor, who will continue in his present position for five years. Supervisor Knabe is open to discussions of long-term proposals. In addition, L.A. County has Prop A funds available for funding. City Hall: The estimate for the cost of the city hall is $4.5 million. CM/Belanger referred the Council to the Executive Summary on Page 5 of the report. City Hall has a higher square footage cost for construction than the community center and JANUARY 18, 2000 PAGE 2 COUNCIL STUDY library because there are more tenant improvements in a city hall facility than there tend to be in an open space concept. The City Hall is estimated to be about a 25,000 sq. ft. facility. Performing Arts Center: If there is a desire to see a performing arts center incorporated in the civic center, then close attention would have to be paid to where the facility is placed. Some sites, such as the golf course, would not accommodate a performing arts center. A performing arts center would probably not be feasible in the Summitridge Park area due to traffic concerns. The baseline cost associated with these three facilities (community/senior center, library and city hall) is about $11 million plus site preparation and site acquisition, if applicable. From an operational standpoint, it is anticipated that the three facilities would be linked together by walkways with the community center being the greatest operational cost due to the nature of its operation. Assuming a 365 -day operation, it is estimated that the annual operational costs would be in the area of $125,000 to $350,000. The presumption is that the County would pick up any additional costs associated with staffing and other matters related to the library facility. The building of a library facility would not commence until such an agreement was in place with the County. The operational cost of a City Hall is based upon a five-day week. It is estimated that the cost of operating these three facilities is about $500,000 per year. Currently, the City pays about $210,000 for facilities use. Next year, it is estimated that the cost will be about $230,000 for the City Hall space that is currently leased. It is further estimated that if the City Hall facility is moved to a City -owned location, that by the time the move is completed, about $250;000 can be applied to the maintenance and operation of the new facility or it can be used as a revenue source for retiring bonds. Funding Mechanisms: Redevelopment monies cannot be used to fund the construction of a City Hall facility. Therefore, the monies would come from existing reserves or funding sources provided by the electorate. The community center and library could be funded through use of redevelopment funds as well as other sources. Currently, the City pays $2,000 per year for the use of Heritage Park. Heritage Park will continue to be used as a community center and continue to be used by the community. The budget is $455,000 - $500,000 for operational costs. The City projects $600,355 in net change of fund balance which means that the City will have $600,000 more in revenue in FY 99/00, which rolls over into the City's General Fund Reserve which enjoys a current balance of about $13,100,000. Therefore, the City has about $850,000 in the fund balance. $450,000 is needed to operate all JANUARY 18, 2000 PAGE 3 COUNCIL STUDY three facilities. Even if all of the buildings were built at one time, there would still be a net fund balance of about $350,000 without using any General Fund reserves. CMBelanger explained that it would not be advisable to use General Fund reserves for construction because it would likely be difficult to replenish -these monies to a level which has been attained due to circumstances that will not likely occur in the future, such as thq benefit from inflated population figures by the County at the time of Incorporation. One option to permanent construction that is much less costly and would take considerably less time to achieve is relocatables. In addition, there are usable buildings on a couple of the sites under consideration, which could be occupied more immediately once the tenant improvements are completed. Various considerations are dependent upon whether the City has a redevelopment agency to support the project. M/O'Connor asked for time estimations if the City chose to proceed with a bond issue. CM/Belanger stated that a bond issue requires an election (120 days). An amount is specified and the voters say "yes" or "no." The more difficult issue is determining what is going to be built, where it is going to be located and getting the community to buy into the vision. It could take six months to get an architect to issue a set of renderings. A process for establishing an assessment district would take a longer period of time initially than a bond election. $25 per parcel in D.B. would generate about $10,000,000. Once the assessment district is formed, an election is still necessary. In response to C/Herrera, CM/Belanger explained that he was not aware of any plans for the County to dispose of the current golf course. The golf course location is within the highest volume stretch of traffic interchange in the State. Based upon conversations with Supervisor Knabe, the County intends to continue operating the golf course. Site improvements would be less costly than new construction on bare land-, however, the City would have no ownership in the land. One of the key issues is deciding where this type of facility will be placed. C/Chang believed Council should concentrate on Summitridge Park and the golf course as potential sites. The other two locations are not available at this time. He suggested that consideration of the performing arts center be set aside for the time being. In this scenario, the total cost would be $12 million for construction with the annual maintenance cost being approximately $700,000. He believed that $12 million is a reasonable figure for the City to consider. If half the amount is taken from General Fund reserves, half of the construction cost is covered. If the RDA can be effective, the remaining amount of money to complete the construction would be available without a bond issue. The monthly maintenance could be paid through the assessment cost. For instance, $40 per household would cover the annual maintenance cost. In his opinion, Summitridge Park is the best alternative JANUARY 18, 2000 PAGE 4 COUNCIL STUDY because it is currently in the hands of the City, which eliminates the need to negotiate with the County. CM/Belanger responded to Allen Wilson that a bond issue and an assessment require two-thirds majority for approval. Allen Wilson expressed concern about bond financing and the County's involvement because D.B. has fought for many years to get much needed equipment for the library. He would prefer to have an oversight committee consisting of D.B. residents with no input from the County. Bob Zirbes said he would be in favor of a bond issue. He preferred the Summitridge Park site and if all facilities cannot be accommodated at that location, perhaps the golf course site could be used to augment the facility. In this event, perhaps the performing arts center and sports complex could be placed at the golf course site. He would like the City to move forward as quickly as possible. He has never been in favor of acquiring either the hospital site or the property at Grand Ave. and Golden Springs Dr. He would be in favor of going forward with a bond issue. However, it may be in the best interest of the City to wait a couple of months to see what happens with the RDA issue. Speaking in response to M/O'Connor, CM/Belanger indicated that the City would not necessarily have to proceed with the assessment district in order to maintain these facilities. These buildings could be maintained using current budget calculations and still have an annualized fund balance of about $20,000. Depending upon how this project is done, the City could still be able to maintain a very high General Fund reserve. Due to the sensitive nature of this matter, he advised that Council consider the choice of a site at its regular meeting. This type of notice would give the public an opportunity to express their views. The outcome of the RDA issue would not necessarily affect the choice of site. Therefore, there would not be a need to wait to put the matter on the agenda. C/Huff asked if the architect could make a public presentation representing how the proposed facilities would look on the site. He also asked that the concerns of the residents living adjacent to Summitridge Park about traffic and noise be addressed in the presentation. CM/Belanger stated that if part of the Council's consideration is to market this facility for revenue purposes, location (the pocket park at the top of the hill) is important. In addition, a panoramic view enhances that marketability. Buildings in that area would not be visible to the adjacent Summitridge Dr. residents. Residents in the tracts behind the Ralph's Market would be able to see the tops of the buildings. The best site for a sports complex in the City is Site D. JANUARY 18, 2000 PAGE 5 COUNCIL STUDY ADJOURNMENT: There being no further business to conduct, Mayor O'Connor adjourned the Study Session at 6:20 p.m. to the regular City Council Meeting. ATTEST: Mayor LYNDA BURGESS, City Clerk ug COMMUNITY / CIVIC CENTER LPA TASK FORCE May 12, 1999 ALTERNATIVE SITE ANALYSIS J/ l U COMMUNITY / CIVIC CENTER ffiLPA TASK FORCE ALTERNATIVE SITE ANALYSIS May 12, 1999 SITE: Golf Course Site ♦ GREAT ACCESS (2 MAJOR STREETS AND FREEWAY) ♦ MOST CENTRALLY LOCATED (N + S) ♦ PUBLICLY OWNED - NO TAX LOSS • UNIQUE LOOK • REDEVELOPMENT FUNDS MAY BE USED ♦ ♦ TERRIBLE TRAFFIC • AGREEMENT WITH COUNTY - NO OWNERSHIP • POTENTIAL OVERCROWDING DURING PEAK USE ♦ REPLACES RATHER THAN ADDS TO EXISTING COMMUNITY FACILITIES • COMPETITION WITH GOLF COURSE FOR INCOME, BANQUET DOLLARS, ETC. • COULD IMPACT CHARACTER & RATING OF GOLF COURSE ♦ GRADING AND SITE PREPARATION ♦ CAN'T SUPPORT A SPORTS COMPLEX • NOT AS FAST AS OTHER CHOICES ♦ WOULD BE PERCEIVED AS NOT BEING A CITY FACILITY (COUNTY) • CANNOT BE PHASED 1• 2 COMMUNITY / CIVIC CENTER LPHw TASK FORCE �'� May 12, 1999 ALTERNATIVE SITE ANALYSIS SITE: Kaiser Site ♦ DOESN'T IMPACT RESIDENTIAL ♦ AVAILABLE - FOR SALE ♦ GRADED (TURN -KEY) ♦ INFRASTRUCTURE IS IN PLACE ♦ FASTEST BUILDOUT POSSIBLE ♦ REDEVELOPMENT FUNDS OK FOR APPROPRIATE USES ♦ TRAFFIC SITUATION IS BETTER ♦ OK FOR DESTINATION USES ♦ CLOSE TO AQMD, SHARED FACILITIES ♦ CAN PHASE I ♦ ♦ TOO ISOLATED AT NIGHT ♦ NOT OWNED / NEED TO USE PROGRAM MONEY TO PURCHASE • REMOVE FROM TAX ROLLS / LOSS OF TAX INCREMENT ♦ COULD LOSE JOBS ♦ (UGLY) INDUSTRIAL SETTING ♦ COULD BE HIDDEN BY FUTURE BUILDINGS ♦ NOT A PROMINENT SITE ♦ CAN'T SUPPORT A SPORTS COMPLEX ♦ WILL TAKE PROGRAM MONEY TO BUY SITE • 11/9 AGENDA NO. 9.1 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.'J 2, TO: Terrence L. Belanger, City Manager MEETING DATE: February 15, 2000 REPORT DATE: February 11, 2000 FROM: Bob Rose, Director of Community Services TITLE: Consideration of City Council Support for Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 SUMMARY: The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 is the first state bond to go before the voters since 1988. This financing will provide for state, county and city park improvements, development and acquisition. The 3 categories of per -capita grant programs included in this proposition will result in the allocation of $714,175 directly to the City of Diamond Bar. There are other funds that will be available that the city can compete for, as well. The proposition requires a simple majority for passage (i.e.: 50%+ 1) and there is no known organized opposition to this bond act. In fact, there are over 180 parks, recreation and conservation agencies and organizations who have expressed their support of this proposition. Also, the California League of Cities, the California State Chamber of Commerce and the California Taxpayers' Association (CTA) supports it, too. In a letter from CTA, it states "Cal -Tax endorses Proposition 12 because it is fiscally responsible, it does not raise taxes, and it pays for projects that are important for all Californians." RECOMMENDED ACTION: Direct staff as deemed appropriate by the City Council. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) _ Ordinance(s) x Other: Letter From Cal -Tax _ Agreement(s) Proposition 12 Talking Points Per -Capita grants funding allocation EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? No 2. Does the report require a majority vote? x Yes _ 3. Has environmental impact been assessed? _ Yes x No 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? x No 5. Are other departments affected by the report? _Yes Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belang City Manager 0 James DeStefano Deputy City Manag r DEPARTMEN AD: 0 ose Director of Community Services PTOAft 0SA10 n. 1 ER :, ELAN Ta[kingPoints SAFE NEIGHBO RHOOD PARKS, CLEAN V1(AT C AIR, AND COAL PROTECTION BOND AC, '`F 000 Use these. talking points to help educate voters about the key issues These "talking points" cover key concepts to use when educating voters about Proposition 12. It is important to make your presentation as specific as possible regarding potential projects should Prop 12 be approved March 7, 2000. Additional information is available at www.safeparks.org or www.cprs.org. How will Prop 12 benefit my community? Throughout California, neighborhood parks have deteriorated and, in that process, have become unsafe and unusable for children, adults, and families. Proposition 12 tackles these problems head on by providing substantial grants to local park and recreation agencies (cities, counties, and special districts) for renovating existing playgrounds and facilities, replacing inefficient lighting systems, and/or rehabilitating buildings and grounds. Prop 12 provides funding through: • Per capita grants, $388 million; • Roberti-Z'berg-Harris grants to urban areas; $200 million; • Grants to low income neighborhoods, $100 million; Playground safety improvements, $7 million; and • Playground safety in state parks, $1 million. Does the entire state benefit from Prop 12? Prop 12 calls for a per capita funding program of $388 million be distributed to local agencies (cities, counties, and special districts) and $200 million for grants to local agencies in highly urbanized areas (Roberti-Z'berg-Harris program). In addition, the Coastal Conservancy, Wildlife Conservation Board, and various other conservancies (from Tahoe to the Coachella Valley) will receive funds. How do I determine what my agency will receive from the per capita program and Roberti-Z'berg Harris grant program? It is anticipated the per capita allocation will be based upon 2000 population data prepared by the Department of Finance. The State Department of Parks and Recreation (who will administer the per capita and the Roberti-Z'berg-Harris programs) website, http://www.cal-parks.ca.gov, contains local agency information regarding per capita and R Z -H allocations. Who supports Prop 127 A wide variety of state and local civic organizations are supporting the passage of Prop 12 as they recognize the value of clean air, clean water, and safe parks to all Californians. They include: • League of Women Voters of California; • American Assn. of Retired Persons; • Congress of California Seniors; • California Taxpayers' Association; • California Organization of Police and Sheriffs; • National Audubon Society; • Coalition for Clean Air; • California League of Cities; • California Park & Recreation Society; • California Association of Recreation & Park Districts; and • California State Parks Foundation Does the business community support Prop 12? Yes, in fact the California State Chamber of Commerce has endorsed Proposition 12 as it recognizes the value of clean water, clean air, and safe parks to business retention and development in local communities. In addition the California Manufacturers Association and the California Taxpayers' Association has endorsed Prop 12. The California Environmental Dialogue, made up of the state's leading businesses and conservation groups has prepared "Land Conservation in California," pointing out the need for protection of our natural environment. You can see their publication at http://www.pcl.org. Cal -Tax states, "Cal -Tax endorses Proposition 12 because it is fiscally responsible, it does not raise taxes, and it pays for projects that are important for all Californians." How soon will my community get the funds to improve our parks? If voters approve Prop 12 on March 7, the Legislature can begin to appropriate funds in the FY 2001-02 budget. State agencies must approve all fund distributions. Who decides how the funds will be used locally? The text of Prop 12 provides the final word on how funds will be spent. Some funds will be distributed on a per capita bases, while others are competitively distributed. Still others are specifically mentioned in the text of the proposition. Virtually all funds must first be appropriated to the state agency in charge of distributing the funds. State agencies will either use existing distribution guidelines or it will create new ones. The per capita and Roberti-Z'berg-Hams funds can be spent on a wide variety of purposes. Local agencies will prepare an application, explaining how the funds will be spent in compliance with the provisions of Prop 12. If the application meets the requirements of the law and the regulations, funds will be distributed as soon as the Legislature appropriates the funds. Competitive funds (trails, historic preservation, etc) will be distributed by the appropriate state agency based upon applications. There will probably be more than one application period, so that all the funds are not spent in the first application cycle. Each state agency must adopt regulations or guidelines, and the Legislature must appropriate the money before applications can be received. CPRS Prop 12 Talking Points, Page 2 of 2 How will be bonds be paid? How long wfll it take to pay them ol'fl Steve Kroes, vice president of the California Taxpayers' Association, a nonpartisan nonprofit organization dedicated to protecting taxpayers from unnecessary taxes, states that "payments on the bonds will be made over 20-25 years from existing revenues in the state general fund. The passage of the bonds commits the Legislature to make these bond payments one of their highest budget priorities as they allocate funds." Will my taxes increase if Prop 12 is approved? According to a November 1999 memorandum from Cal - Tax, "State general obligation bonds like Proposition 12 do not cause a tax increase ... Proposition 12 will require about $140 million a year in debt payments — this is about 0.2 percent of next year's projected general fund budget. This small fraction is a reasonable amount to pay for investing in important facilities that will benefit future generations." WHERE CAN I GET MORE INFORMATION ABOUT PROP 12? Proposition 12's official website is http://www.safeparks.org, the website of the California Park & Recreation Society, http://www.cprs.org, or California State Parks, http://www.cal- !III `iCal-,Tax �- E�bII11MQ 1926 To: California Paris and Rf creation Society From: Steve Kroes, Vice President, California Taxpayers' Association Subiect: Pr000sition 12 Fiscal moacts The California Taxpayers' Associati m (Cal -Tax) supports Proposition 12, the Parks, Water, and Coastal Protection Born I Act on the March 7, 2000 ballot. This bond would provide $2.1 billion in funding for nE eded improvements to local and state parks and conservation projects. Cal -Tax encorses Proposition 12 because it Is fiscally responsible, it does not raise taxes, and it pays for projects that are important for all Califomians. Parks are an important component :)f California's quality of life. Eleven years have passed since the last state bond funds were approved for park improvements. State general obligation bonds like Proposition 12 do not cause a tax Increase. Payments on the bond will be made over 20 to 25 years from existing revenues in the state general fund, The passage of a bond merely commits the Legislature to make these bond payments one of their -highest budget,priorities-as they allocate funds. Proposition 12 will require about $140 million a year in debt payments — this is about 0.2 percent of next year's projected general fund budget. This smaif fraction is a reasonable amount to pay for investing In Important facilities that will benefit future generations. It is important that Califomia fund these types of projects while the economy and the state budget are strong. California Taxpayers' Association is a nonpartisan, nonprofit organization dedicated to protecting taxpayers from unnecessary taxes and promoting efficient, quality government services. CALIFORNIA TAXPAYERS' ASSOCIATION 1? 15 K Street, Suite 1250 • Sacramento, CA 95814 • (916) 441-0490 fax (916) 441-1619• httpJ/ww-.Caltax.org Prop 12 Estimates of Per -Capita Grants Program Agency 1-1-99 Pop. RZH Per Capita Per Capita II Total Estimate Small Cities Rate Allocation Rate Allocation Rate Allocation Alhambra 91,6 $3.30 $302,280 $6.25 $575,500 $2.70 $247,320 $1 122 100 Arcadia 53,200 3.30 175,560 6.25 332,500 2.70 143 640 651,700 Azusa 45,700 3.30 -150,810 6.25 285,625 2.70 123,3 559,82L Baldwin Park 76,300 3.30 253,790 6.25 476,875 2.70 206,010 934,675 Claremont Covina Diamond Bar 35,400 47,550 58,300 3.30 3.30 3.30 116,820 156,915 192,390 6.25 6.25 6.25 221,250 297,188 364,375 2.70 2.70 2.70 95,580 128,385 157,410 433,650 582,488 714 175 Duarte EI Monte 22,650 118,600 3.30 3.30 74,745 -391,380 6.25 6.25 141,562 741 250 2.70 2.70 61,155 320,220 277,462 1,452 850 Glendora 53,200 3.30 175,560 6.25 332,500 2.70 143,640 651,700 Irwindale 1,190 3.30 3 927 6.25 30,000 2.70 3,213 37,140 La Puente 41,800 3.30 137,940 6.25 261,250 2.70 112,860 512,050 La Verne 34,000 3.30 112,200 6.25 212,500 2.70 91,800 416,500 Monrovia 40,550 3.30 133,815 6.25 253,438 2.70 109,485 496,738 Monterey Park 66,600 3.30 __219,780 6.25 416,250 2.70 179,820 815,850 Pasadena 142,500 3.30 470,250 6.25 890,625 2.70 384,750 1,745 625 Pico Rivera 63,900 3.30 210,870 6.25 399,375 2.70 172,530 782,775 Pomona 145,400 3.30 479 820 6.25 908,750 2.70 _ 392,580 1,781,150 San Dimas 36,950 3.30 121,935 6.25 230,938 2.70 99,765 452,638 San Gabriel 41,100 3.30 135,630 6.25 256,875 2.70 110,970 503,475 San Marino 13,900 3.30 45,870 6.25 86,875 2.70 37,530 170,275 Santa Fe Springs 16 300 3.30 53,790 6.25 101,875 2.70 44,010 199,675 South El Monte 22,500 3.30 74,250 6.25 140,625 2.70 60,750 275,625 South Pasadena 25,750 3.30 84,975 6.25 160,938 2.70 69,525. 315,438 Walnut 32,850 3.30 108,405 6.25 205,312 2.70 88,695- 402,412 West Covina 106,500 3.30 351,450 6.25 665,625 2.70 287,550 1,304,625 Whittier 85,300 3.30 281,490 6.25 533,125 2.70 230,310 1044,925 AGENDA NO. 9.3 NO DOCUMENTATION AVAILABLE REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS FEBRUARY 1, 2000 1. CALL TO ORDER: Chairman Huff called the meeting to order at 9:50 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Ansari, Herrera, O'Connor, Vice Chairman Chang and Chairman Huff. Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director, and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: AM/O'Connor moved, AM/Ansari seconded to approve Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Herrera, O'Connor, VC/Chang, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED AMENDED VOUCHER REGISTER - for February 1, 2000 in the amount of $2,237.58. 3.2 REVIEWED AND APPROVED TREASURER'S STATEMENT - month of December, 1999. 3.3 APPROVED MINUTES - Regular Meeting of January 18, 2000 - as submitted_ 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: None FEBRUARY 1, 2000 PAGE 2 REDEVELOPMENT AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 9:55 p.m. ATTEST: Chairman LYNDA BURGESS, Agency Secretary KA 3. z DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Huff and Board of Directors FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, February 15, 2000 DATE: February 9, 2000 Attached is the Voucher Register dated February 15, 2000 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached DIAMOND BAR REDEVELOPMENT AGENCY VOUCHER REGISTER APPROVAL The attached listing of vouchers dated February 15, 2000 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION PREPAID VOUCHERS TOTAL 61V REDEVELOPMENT AGENCY FUND .00 23,213.19 23,213.19 REPORT FOR ALL FUNDS APPROVED BY: Finance DirectorChairman Robert S. Huff Wen Chang Vice Chairman 23,213'19 23,213.19 DIAMOND BAR REDEVELOPMENT AGENCY RUN DATE: 02/09/2000 15:18,58 VOUCHER REGISTER PAGE: i DUE THRU: 02/15/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK, KDSMONT & ASSOCIATES INC 6107110-44000-- 9366 3 PROF SVCS-ECON DEV STRTGC 22,557.67 TOTAL PREPAIDS .00 TOTAL VOUCHERS 22,557.67 TOTAL DUE VENDOR 22,557.67 LINSCOTT LAW & GREENSPAN INC 6107110-46412-R0900-46412 9469 1 T/SGNL MDFCTN-G/SPNRG/GNO 655.52 TOTAL PREPAIDS .00 TOTAL VOUCHERS 655,52 TOTAL DUE VENDOR 655.52 REPORT TOTAL PREPAIDS .00 REPORT TOTAL VOUCHERS 23,213.19 REPORT TOTAL 23,213.19