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01
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
January 4, 2005
01(2005)
CALL TO ORDER:
PLEDGE OF ALLEGIANCE
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 2005 -
Next Ordinance No.
6:30 p.m.
Mayor
Pastor Bob Stebe,
Northminister Presbyterian Church
Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor, Mayor Chang
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation by Assemblyman Bob Huff's Field Representative to Former
Mayor Bob Zirbes and former Mayor Pro Tem Herrera.
1.2 Presentation by Marsha Hawkins, Friends of the Library, "Read Together
Diamond Bar".
1.3 Certificates of Recognition to Mr. Mangal Gulshan and Jack Shah for their
service to the Sunshine Senior organization.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. 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 addressina the Citv Council.
JANUARY 4, 2005 PAGE 2 CITY COUNCIL
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — January 6,
2005 - 7:00 p.m., D.B. YMCA, 22600 Sunset Crossing.
5.2 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — January 11,
2005 — 7:00 p.m., Diamond Swim Club, 536 Navajo Sprgs.
5.3 PLANNING COMMISSION MEETING — January 11, 2005 — 7:00 p.m.,
AQMD/Government Center, 21865 Copley Dr.
5.4 STATE OF THE CITY — January 13, 2005 — 7:00 a.m., D.B. Center, 1600
S. Grand Ave.
5.5 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — January
13, 2005 — 7:00 p.m., Hearing Board Room, 21865 Copley Dr.
5.6 CITY COUNCIL MEETING — January 18, 2005 — 6:30 p.m.,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR:
2005.
6.1 City Council Minutes:
6.1.1 Study Session of December 7, 2004 — Continue to January 18,
6.1.2 Regular Meeting of December 7, 2004 — Approve as submitted.
6.1.3 Adjourned Regular Meeting of December 14, 2004 — Approve as
submitted.
6.2 Planning Commission Minutes — November 23, 2004 - Receive and
File.
6.3 Check Register — Ratify Check Register containing checks dated
December 16, 2004, December 22, 2004 and December 30, 2004 in a
combined amount of $937,959.11.
6.4 Treasurer's Statement - Month of November, 2004.
Recommended Action: Review and Approve.
JANUARY 4, 2005 PAGE 3 CITY COUNCIL
6.5 Authorization Of Use Of City Logo On A Plaque To Be Installed By
The Breakfast Lions On A Monument At The Historical Windmill.
Recommended Action: Authorize.
Requested by: City Manager
6.6 Receive And File Comprehensive Annual Financial Report And
Single Audit Report On Federal Awards For The Year Ended June 30,
2004.
Recommended Action: Receive and File.
Requested by: Finance Division
6.7 City Council Appointments As Determined By The Mayor.
Recommended Action: Receive and File.
Requested by: Mayor
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be
heard
7.1 Public Hearing — Adopt Resolution No. 2005 -XX Approving The
Community Development Block Grant Program Allocation Of
$418,450 For Fiscal Year 2005-06.
Recommended Action: Open Public Hearing and Adopt.
Requested by: Planning Division
7.2 Public Hearing — Vesting Tentative Tract Map No. 53670,
Environmental Impact Report No. 2004-01 (SCH #2003071051),
Mitigation Monitoring Program, Zone Change No. 2002-03, Hilllside
Management Conditional Use Permit No. 2002-17 And Tree Permit No.
2002-12 (East Side Of Alamo Heights Dr. Within The Country
Estates).
Recommended Action: Open Public hearing, (a) Adopt Resolution No.
2005- XX Certifying the Environmental Impact Report No. 2004-01
(SCH #2003071051); (b) Approve for first reading by title only, waive full
reading of Ordinance No. 0X(2005) Approving Zone Chang No. 2002-03;
JANUARY 4, 2005 PAGE 4 CITY COUNCIL
and (c) adopt Resolution No. 2005 -XX Approving Hillside Management
Conditional Use Permit No. 2002-17.
Requested by: Planning Commission
8. COUNCIL CONSIDERATION:
8.1 Consider Appointment Of A City Council Candidate To Fill The
Vacant Council Seat.
Recommended Action: Appoint an individual with a minimum of three (3)
Councilmembers voting for approval; and decide if the appointed person
will serve the remainder of the term (Dec. 2007) or until the next municipal
election (Nov. 2005). If no action is taken, then consider Item 8.2.
Requested by: City Manager
8.2 Adopt Resolution No. 2005 -OX: Calling And Giving Notice Of
The Holding Of A Special Municipal Election To Be Held On Tuesday,
June 7, 2005, For The Election Of A Member To The City Council To
Fill A Vacancy As Required By The Provisions Of The Laws Of The
State Of California Relating To General Law Cities.
Recommended Action: Adopt.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON
CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR
PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST
EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON
CHANNEL 3.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
January 4, 2005
Next Resolution No. 2005-01
NextOrdinance No. 01 (2005)
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor Bob Stebe,
Northminister Presbyterian Church
ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor, Mayor Chang
APPROVAL OF AGENDA: Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation by Assemblyman Bob Huffs Field Representative to Former
Mayor Bob Zirbes and former Mayor Pro Tem Herrera.
1.2 Presentation by Marsha Hawkins, Friends of the Library, "Read Together
Diamond Bar".
1.3 Certificates of Recognition to Mr. Mangal Gulshan and Jack Shah for their
service to the Sunshine Senior organization.
3. 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 itemsnot listed on the posted agenda. Please complete a
Speaker's Card and give it to the Cily Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members ofthe City
Council may briefly respond to public comments but no extended discussion and no
action on such matters may take place.
JANUARY 4, 2005 PAGE 2 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING -January 6,2005 -
7:00 p.m., D.B. YMCA, 22600 Sunset Crossing.
5.2 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING -January 11, 2005
- 7:00 p.m., Diamond Swim Club, 536 Navajo Sprgs.
5.3 PLANNING COMMISSION MEETING - January 11, 2005 - 7:00 p.m.,
AQMD/Government Center, 21865 Copley Dr.
5.4 STATE OFTHE CITY -January 13, 2005 -7:00 a.m., D.B. Center, 1600 S.
Grand Ave.
5.5 TRAFFIC AND TRANSPORTATION COMMISSION MEETING -January 13,
2005 -7:00 p.m., Hearing Board Room, 21865 Copley Dr.
5.6 CITY COUNCIL MEETING - January 18, 2005 - 6:30 p.m.,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of December 7, 2004 -Continue to January 18, 2005.
6.1.2 Regular Meeting of Decem ber 7, 2004 - Approve as submitted.
6.1.3 Adjourned Regular Meeting of December 14, 2004 - Approve as
submitted.
6.2 Planning Commission Minutes - November 23, 2004 - Receive and
File.
6.3 Check Register -Ratify Check Register containing checks dated December
16, 2004, December 22, 2004 and December 30, 2004 in a combined
amount of $937,959.11.
6.4 Treasurer's Statement - Month of November, 2004.
Recommended Action: Review and Approve.
JANUARY 4, 2005 PAGE 3 CITY COUNCIL
6.5 Authorization Of Use Of City Logo On A Plaque To Be Installed ByThe
Breakfast Lions On A Monument At The Historical Windmill.
Recommended Action: Authorize.
Requested by: City Manager
6.6 Receive And File Comprehensive Annual Financial Report And Single
Audit Report On Federal Awards For The Year Ended June 30, 2004.
Recommended Action: Receive and File.
Requested by: Finance Division
6.7 City Council Appointments As Determined ByThe Mayor.
Recommended Action: Receive and File.
Requested by: Mayor
7. PUBLIC HEARINGS: 7:00 p.m., oras soon thereafter as matters may beheard
7.1 Public Hearing —Adopt Resolution No. 2005 -XX Approving The
Community Development Block Grant Program Allocation Of $418,450
For Fiscal Year 2005-06.
Recommended Action: Open Public Hearing and Adopt.
Requested by: Planning Division
7.2 Public Hearing —Vesting Tentative Tract Map No. 53670, Environmental
Impact Report No. 2004-01 (SCH #2003071051), Mitigation Monitoring
Program, Zone Change No. 2002-03, Hilllside Management Conditional
Use Permit No. 2002-17 And Tree Permit No. 2002-12 (East Side Of
Alamo Heights Dr. Within The Country Estates).
Recommended Action: Open Public hearing, (a) Adopt Resolution No. 2005 -
XX Certifying the Environment al Impact Report No. 2004-01
(SCH #2003071051); (b) Approve for first reading by title only, waive full
reading of Ordinance No. 0X(2005) Approving Zone Chang No. 2002-03; and
(c) adopt Resolution No. 2005 -XX Approving Hillside Management
Conditional Use Permit No. 2002-17.
Requested by: Planning Commission
JANUARY 4, 2005 PAGE 4 CITY COUNCIL
8. COUNCIL CONSIDERATION:
8.1 Consider Appointment Of A City Council Candidate To Fill The
Vacant Council Seat.
Recommended Action: Appoint an individual with a minimum of three (3)
Councilmembers voting for approval; and decide if the appointed person
will serve the remainder of the term (Dec. 2007) or until the next municipal
election (Nov. 2005). If no action is taken, then consider Item 8.2.
Requested by: City Manager
8.2 Adopt Resolution No. 2005 -OX: Calling And Giving Notice Of
The Holding Of A Special Municipal Election To Be Held On Tuesday,
June 7, 2005, For The Election Of A Member To The City Council To
Fill A Vacancy As Required By The Provisions Of The Laws Of The
State Of California Relating To General Law Cities.
Recommended Action: Adopt.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
November 30, 2004
SUMMARY OF CASH:
BEGINNING
TRANSFERS
ENDING
($2,094.03)
BALANCE
RECEIPTS
DISBURSEMENTS
IN (OUT)
BALANCE
GENERAL FUND
$22,447,239.15
$927,134.59
$681,944.76
$22,692,428.98
LIBRARY SERVICES FUND
0.00
TOTAL DEMAND DEPOSITS
0.00
COMMUNITY ORG SUPPORT FD
(3,906.74)
$745,000.95
1,100.00
(5,006.74)
GAS TAX FUND
648,198.68
185,513.85
833,712.53
TRANSIT TX (PROP A) FD
1,198,222.09
131,546.06
54,453.16
1,275,314.99
TRANSIT TX (PROP C) FD
804,857.11
62,533.85
(Bond Proceeds Account)
867,390.96
ISTEA Fund
0.00
572,251.26
0.00
INTEGRATED WASTE MGT FD
560,626.13
20,379.00
11,578.54
569,426.59
AB2928-TR CONGESTION RELIEF FD
0.00
0.00
AIR QUALITY IMPRVMNT FD
155,971.65
850.00
155,121.65
PARK & FACILITIES DEVEL. FD
1,881,039.43
1,881,039.43
COM DEV BLOCK GRANT FD
15,607.09
4,350.00
17,934.15
(67,545.39)
(65,522.45)
CITIZENS OPT -PUBLIC SAFETY FD
320,593.39
2,119.82
318,473.57
NARCOTICS ASSET SEIZURE FD
314,314.22
314,314.22
CA LAW ENFORCEMENT EQUIP PRGM
71,135.79
71,135.79
LANDSCAPE DIST #38 FD
390,023.46
3,581.91
8,782.65
384,822.72
LANDSCAPE DIST #39 FD
231,077.42
1,514.38
6,430.41
226,161.39
LANDSCAPE DIST #41 FD
336,134.29
712.16
4,606.49
332,239.96
GRAND AV CONST FUND
111,579.53
111,579.53
CAP IMPROVEMENT PR] FD
(1,463,568.67)
(5,400.00)
29,674.87
67,545.39
(1,431,098.15)
SELF INSURANCE FUND
1,324,777.74
6,585.46
1,318,192.28
EQUIPMENT REPLACEMENT FUND
194,996.31
194,996.31
COMPUTER REPLACEMENT FUND
(4,061.55)
(4,061.55)
PUBLIC FINANCING AUTHORITY FUND
591,496.76
579.30
19,824.80
572,251.26
TOTALS
$30,126,353.28
$1,332;445.10
$845,885.11
$0.00
$30,612,913.27
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
($2,094.03)
PAYROLL ACCOUNT
8,309.29
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$6,965.26
INVESTMENTS:
US TREASURY Money Market Acct.
$745,000.95
LOCAL AGENCY INVESTMENT FD
29,288,695.80
30,033,696.75
CASH WITH FISCAL AGENT:
US TREASURY Money Market Account
$422,919.02
LOCAL AGENCY INVESTMENT FD
149,332.24
(Bond Proceeds Account)
572,251.26
TOTAL CASH
$30,612,913.27
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for
withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice.
As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are
"swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis.
L.A.I.F - Effective Yield - November 2004 2.003%
Wells Fargo Money Mkt -Effective Yield - November 2004 1.204%
Union Bank Money Mkt - Effective Yield - November 2004 1.710%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Linda C. Lowry, Treasurer
AGENDA NO. 6.1.1
City Council Study Session Minutes of December 7, 2004
TO BE CONTINUED TO JANUARY 18, 2005
AGENDA NO. 6.1.1
City Council Study Session Minutes of December 7, 2004
TO BE CONTINUED TO JANUARY 18, 2005
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 7, 2004
STUDY SESSION: 1:00 p.m., Room CC -8, The Government
Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA.
Review applications and interview applicants for appointment to fill the City
Council Vacancy
Public Comments on Study Session Agenda Items
Mayor Zirbes adjourned the Study Session at 6:18 p.m. to the Regular City
Council Meeting.
CALL TO ORDER: Mayor Zirbes called the Regular City Council
meeting to order at 6:38 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
M/Zirbes reported that during the 1:00 p.m. Study Session Council Members
interviewed applicants for possible appointment to fill the City Council vacancy
left by Council Member Huff. Each Council Member will select one finalist by
Friday, December 10 at 9:00 a.m. for debate, nomination and possible selection
on Tuesday, December 14.
PLEDGE OF ALLEGIANCE: Mayor Zirbes led the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis
Catholic Church gave the invocation.
ROLL CALL: Council Members Chang, O'Connor, Mayor Pro
Tem Herrera and Mayor Zirbes.
Staff Present: Linda Lowry, City Manager; Michael Jenkins,
City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager and Acting City Clerk; Bob Rose, Community Services Director; Linda
Magnuson, Finance Director; April Blakey, Public Information Manager.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Draft Youth Master Plan — SMA/Crews stated that
the Youth Master Plan document will serve as a roadmap to guide
the community toward the creation of a comprehensive delivery
system of programs, services and facilities that provide
opportunities for youth to develop their full potential to become
healthy, happy and productive citizens of their community. This plan
leads the City to an entire culture shift that takes the City from a
problem -solving approach to a positive strength -based approach;
DECEMBER 7, 200 PAGE 2 CITY COUNCIL
from a program focus to a
relationship focus; from disconnected and fragmented individual
agency agendas to a shared vision and integrated
strategies among all agencies and service providers; from
competing organizations with conflicting messages to strategic
partnerships with a consistent message, and from ever-changing
priorities to long-term commitments to youth and families. The first
draft of the Youth Master Plan is hereby transmitted to the City Council
this evening. Staff recommended that the Council schedule
further review of this draft at a future date.
1.2 Recognition of Youth Master Plan Steering Committee Members by
Chairperson Debby O'Connor.
1.3 MPT/Herrera proclaimed March 9, 2005 as "Arbor Day" and
presented the Proclamation to Bob Rose, Community Services
Director.
BUSINESS OF THE MONTH:
1.4 C/Chang presented a City Tile to Ken Knudson, Service Center
Manager, for St. Paul Traveler's Insurance as Business of the
Month for December 2004.
M/Zirbes said it was his honor to lead the City Council this past year as the City's
Mayor and to be the figurehead representative for the Council and the City. Many
great things have happened in D.B. including the opening of the Diamond Bar
Center. He headed two task forces this year and the participants came up with
good short-term and long-term recommendations culminating in the Council's
approval of an allocation for improvements to the Lorbeer Middle School lower
field. In spite of the fact that D.B. was unsuccessful in its bid for library grant
funds the task force came up with excellent suggestions for improvements to the
current facility. He thanked the 2000 residents who wrote letters in support of the
library. The Task Force will meet early in 2005 to review the short-term solutions
and provide an improved library service to the residents. There have been a
number of traffic improvements including improved traffic flow through improved
traffic signalization. Additionally, the City has moved forward very aggressively on
the matter of economic development. People love D.B. and the one theme from
residents and today's applicants was that the City provides an excellent "quality
of life" atmosphere. The City is facing loss of tax revenue as a result of
businesses leaving the community and the City needs to work hard to restore the
revenue base to stay even with today's economy. The Mayor has an opportunity
to attend many functions within the City as well as regionally. He thanked
everyone for their invitations, apologized for those events he was unable to
attend and said he was honored to attend many great events. Maintaining
positive relationships with local, state and federal agencies and individuals was
his major goal toward improving D.B. For him it was a very memorable year and
DECEMBER 7, 200 PAGE 3 CITY COUNCIL
hoped that he had well represented the community and its residents.
REORGANIZATION: Mayor and Mayor Pro Tem.
M/Zirbes opened nominations for Mayor.
MPT/Herrera stated that D.B. does not necessarily follow tradition and the
selection of Mayor has been that of an individual who could best put forth the
goals of the City and continue with the work the City needs to perform. This next
year will be a very important year for the City of D.B. because there are very
critical development projects on the front burner and it will take an individual who
has an understanding of development projects. D.B. has economic development
issues with major tax revenue producers leaving the community. D.B. needs an
individual who has an in-depth understanding of business. She nominated Wen
Chang to serve as mayor; an individual she felt could fulfill the duties and
obligations as Mayor for the City, that he could lead the City to best accomplish
the essential economic development, business development and commercial
development that would keep D.B. on its present course.
C/Chang said he was thrilled to have those kind words spoken about him by
MPT/Herrera. However, he said he would rather nominate C/O'Connor for the
position and vowed to work toward a unified Council for the betterment of the
City. He declined the nomination and nominated C/O'Connor to serve as mayor.
CA/Jenkins responded to MPT/Herrera that if C/Chang wished to decline the
nomination he could do so but it would not preclude the Council from bringing
back the nomination at a later point were the Council unsuccessful in selecting a
mayor.
MPT/Herrera appealed to C/Chang to please leave his nomination on the table.
He was part of the economic development team and she remembered when City
Hall was in the old building and C/Chang played a major role in negotiating with
AQMD and got the City a better deal than it would have gotten on its own.
C/Chang has a strong knowledge of business and she believed those were the
qualities and attributes that this City very much needed in this coming year
because of the impending projects. She asked C/Chang to reconsider.
C/Chang agreed to remain a nominee.
M/Zirbes closed the nominations.
The first Roll Call vote result was as follows:
C/Chang:
Mrs. O'Connor
C/O'Connor:
O'Connor
MPT/Herrera:
Wen Chang
M/Zirbes:
Mr. Chang
DECEMBER 7, 200 PAGE 4 CITY COUNCIL
M/Zirbes asked for nominations for Mayor and Mayor Pro Tem.
M/Zirbes stated that he and Mr. Chang had worked closely during the past three
years serving together on the Neighborhood Improvement Committee and
Economic Development Committee. He and Mr. Chang have had many
conversations that revealed an understanding of the importance of the figurehead
and an understanding of the crossroads at which D.B. finds itself at this point in
history. M/Zirbes felt that he and C/Chang saw eye -to -eye on the City's current
course and direction and this was the night the City has to select a new Mayor;
this was the night the Council had to pass the baton. From M/Zirbes: "Mr. Chang,
I'm asking you to allow me to nominate you as the Mayor and for you to accept
the responsibility and the duties and provide the leadership and the experience
that the community of D.B. needs from you today for its future."
C/Chang: Well, Mr. Mayor, thank you so much for saying that. I did enjoy working
with you on economic development and other projects and committees. We all
have a mission to make our City better. I am uneasy speaking about this in front
of the 58,000 residents of D.B. "He agreed to accept the nomination.
M/Zirbes closed the nominations and asked for roll call:
Upon Roll Call vote C/Chang was selected to serve as mayor.
C/Chang:
Chang
C/O'Connor:
Abstain
MPT/Herrera:
Wen Chang
M/Zirbes:
Mr. Chang
Mayor -Elect Chang said he was humbled by what just took place and vowed to
work for the good of the City and its residents. He assured everyone that he
would do the best possible job to make D.B. an even better place to live. He
thanked everyone who afforded him this opportunity.
Mayor -Elect Chang spoke about the knowledge, leadership and vision of former
Mayor Zirbes and applauded him for his fine efforts on behalf of the City.
Mayor Chang asked for nominations for Mayor Pro Tem:
MPT/Herrera nominated C/Zirbes to serve as Mayor Pro Tem.
M/Chang nominated C/O'Connor.
M/Chang closed the nominations for Mayor Pro Tem.
First Roll Call vote:
C/O'Connor: O'Connor
DECEMBER 7, 200 PAGE 5 CITY COUNCIL
C/Zirbes: Zirbes
MPT/Herrera: Bob Zirbes
M/Chang: O'Connor
M/Chang asked for reconsideration.
M/Chang nominated C/O'Connor.
MPT/Herrera nominated C/Zirbes.
M/Chang closed the nominations
C/Zirbes nominated MPT/Herrera.
Second Roll Call vote:
C/O'Connor:
O'Connor
C/Zirbes:
Herrera
MPT/Herrera:
Bob Zirbes
M/Chang:
O'Connor
CA/Jenkins informed Council that there must be a majority vote.
M/Chang re -opened the nominations.
MPT/Herrera stated that when the Mayor is absent from the City the Mayor Pro
Tem would be giving direction in the City and would conduct the City Council
meetings. The Mayor and Mayor Pro Tem would be meeting with developers and
shepherding future development critical to D.B. Because M/Chang and C/Zirbes
had worked so closely on these issues for the sake of continuity she nominated
C/Zirbes to serve as Mayor Pro Tem.
CA/Jenkins stated that if the election deadlocked, it could be continued to a
future meeting.
MPT/Herrera asked if in the event of a deadlock and the inability to elect a new
Mayor Pro Tem does the former Mayor Pro Tem remain in office?
CA/Jenkins explained that he had determined that to be the case with the
mayor's position and C/Zirbes would have continued as Mayor until consensus
was reached. In this case, it would seem to him that the same rule would apply in
this instance so Mrs. Herrera would continue as Mayor Pro Tem until such time
as the item was brought back on the agenda for election of another Mayor Pro
Tem.
MPT/Herrera called for the vote on her nomination.
M/Chang nominated C/O'Connor.
DECEMBER 7, 200 PAGE 6 CITY COUNCIL
Second Roll Call vote:
C/O'Connor:
O'Connor
C/Zirbes:
Zirbes
MPT/Herrera:
Zirbes
M/Chang:
O'Connor
M/Chang asked that this matter be placed on the December 14 City Council
Meeting agenda.
PRESENTATIONS TO OUTGOING MAYOR BOB ZIRBES:
RECESS: M/Chang recessed the City Council meeting at 7:45 p.m. for a
reception for outgoing Mayor Zirbes and Mayor Chang.
RECONVENE: M/Chang reconvened the City Council meeting at 8:00 p.m.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry
asked for Council's concurrence to hold the next Council meeting on
December 14 as previously scheduled and to go dark on December 21
due to lack of quorum.
Council concurred. CM/Lowry asked for consensus that the Council would
consider appointment for the position of Mayor Pro Tem during its
December 14, 2004. Council concurred.
3. PUBLIC COMMENTS: Marie Buckland stated she believed that
in all fairness the highest vote getter in the last election should be selected to
fill the Council vacancy and if that were not the case, the matter should go to
a vote of the people because the people have the right to pick those who
serve the citizens.
Orien Pagan said she has lived in D.B. since 1962 and has a business in
town celebrating its 35'" anniversary this year. She attended today's public
interviews during which 16 candidates were interviewed and was sincerely
impressed by the quality of the candidates. The last candidate made a
statement that spoke to agreeing and disagreeing. She felt the Council
should read the transcript of that statement. She supports Jack Tanaka
because in the August 7, 2004 City Council Study Session MPT/Herrera
made the following comment with respect to a replacement for Mr. Huff to
wit: "I would think that if there were those who were interested they would
start coming to the Council Meetings to see what matters we are dealing
with, to come and listen to the discussion and to follow along to show that
DECEMBER 7, 200 PAGE 7 CITY COUNCIL
they are interested." Which applicant has been consistently attending the
Council Meetings not only since August but also for several years? The
answer is, Jack Tanaka. Mayor Zirbes said in his November Mayor's
Corner the following: "I believe that the next member of the Council should
be one
whose priorities are the same as the City's, economic development being
one." Asked which applicants are active members of the Chamber of
Commerce, ask a Chamber board member (her for example, a former
president of the Chamber) which applicant consistently participates in the
monthly Chamber events ribbon cuttings and who has over 45 businesses
signing a support statement and the answer is, Jack Tanaka. As
yourselves which one of the applicants has run in the City election and
had the courage like you to run going door to door and meeting the
residents of D.B. The answer is, Jack Tanaka. As yourselves which one of
the applicants received proven support from over 1800 citizens of D.B.,
the answer is, Jack Tanaka. Ask yourselves which one of the applicants
actively participates in almost all of the City's functions — Easter Egg Hunt,
Paint Your Town, City Birthday Party, the millennium celebration, the
Youth Master Plan, Friends of the Library, setting up service clubs in the
middle and high schools; the answer is, Jack Tanaka. Ask yourselves
which of the applicants has been recognized as community volunteer of
the year and recognized at our City's Birthday Party; the answer is, Jack
Tanaka. As yourselves which of the applicants can devote full time to
helping the City continue to move in a positive direction which we
desperately need; the answer is, Jack Tanaka. I think it is plain to see that
Jack Tanaka far exceeds your expectations of any of the applicants that
you are considering. Please show her an applicant who can even come
close to Jack Tanaka. I urge you to make the only selection that can be
made — appoint Jack Tanaka as our next Council Member.
Eileen Ansari said as a resident, former Council Member and former
Mayor she was totally disgusted, discouraged and ashamed of some of
the Council Members. She said she respected Mayor Chang's statement
that as a City we must work together as a cohesive body. She felt two
Council Members had decided they were working on their own for the City.
All Council Members were elected by the people and should work in that
capacity. She asked those watching to let their Council Members know
how they felt. Economic development is important and attending
community events is also important. The Council has now bypassed Mrs.
O'Connor for the second time and she did not understand why that would
happen. Mrs. O'Connor is very active and although she may not always
agree with her positions Mrs. O'Connor works as hard as the other Council
Members and she can do the work as well as any other Council Member.
If the Council is not going to have rotation for Mayor and Mayor Pro Tem
positions among Council Member it is time to have those positions elected
by the public. And if any Council Members are conferring outside of the
public view it is a Brown Act violation. In your wisdom you selected Mayor
Chang but it is not fair to Mrs. O'Connor and it is not fair to the City
DECEMBER 7, 200 PAGE 8 CITY COUNCIL
because Mrs. O'Connor was elected by a large number of votes in this
community and it is only fair that the Council rotate her through the chairs.
Mrs. Ansari asked for an explanation of the personnel action fund. She
said that if anyone would like to speak with her to call her at 861-7012.
4. RESPONSE TO PUBLIC COMMENTS: M/Chang asked the City
Manager to explain the Personnel Action Fund. The City Manager
reported that the Personnel Action Fund was established to provide early
retirement opportunities for City employees when such retirement
benefited the reorganization of positions.
5. SCHEDULE OF FUTURE EVENTS:
5.1 CALTRANS COMMUNITY MEETING — December 8, 2004 - 6:00
p.m., Room CC -2, AQMD/Government Center, 21865 Copley Dr.
5.2 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —
December 9, 2004 — 7:00 p.m., AQMD/Government Center Hearing
Board Room, 21865 Copley Dr.
5.3 WINTER SNOWFEST — December 11, 2004 — 10:00 a.m. — 4:00
p.m., Pantera Park, 738 Pantera Dr.
5.4 SPECIAL COUNCIL MEETING — December 14, 2004 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.5 PLANNING COMMISSION MEETING — December 14, 2004 — 7:00
p.m., AQMD/Government Center Hearing Board Room, 21865
Copley Dr.
5.6 D.B. COMMUNITY FOUNDATION MEETING — December 16, 2004
— 7:00 p.m., AQMD/Government Center Room CC -8, 21865 Copley
Dr.
5.7 CITY COUNCIL MEETING — December 21, 2004 — 6:30 p.m.,
AQMD/Government Center, 21865 Copley Dr.
5.8 STATE OF THE CITY — January 13, 2005 — 7:00 a.m., D.B. Center,
1600 S. Grand Ave.
6. CONSENT CALENDAR: C/Zirbes moved, MPT/Herrera seconded
to approve the Consent Calendar as presented. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: O'Connor, Zirbes, MPT/Herrera,
M/Chang
DECEMBER 7, 200 PAGE 9 CITY COUNCIL
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES:
6.1.1 STUDY SESSION MINUTES — Regular Meeting of
November 16, 2004 — Approved as submitted.
6.1.2 REGULAR MEETING MINUTES — Regular Meeting of
November 16, 2004 — Approved as submitted.
6.2 PLANNING COMMISSION MINUTES
6.2.1 Regular Minutes of October 26, 2004 — Received and Filed.
6.2.2 Regular Meeting of November 9, 2004 — Received and Filed.
6.3 PARKS AND RECREATION COMMISSION MINUTES — Regular
Meeting of October 28, 2004 — Received and Filed.
6.4 APPROVED WARRANT REGISTERS DATED NOVEMBER 18,
NOVEMBER 25 and DECEMBER 2, 2004 IN AN AMOUNT
TOTALING $1,081,147.32.
6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT —
MONTH OF OCTOBER 2004.
6.6 APPROVED APPLICATIONS FOR TREE CITY USA
RECERTIFICATION AND GROWTH AWARD FOR 2004 AND
AUTHORIZED THE MAYOR TO SIGN THE APPLICATIONS.
6.7 APPROPRIATED $50,000 FROM THE GENERAL FUND
RESERVES FOR THE PERSONNEL ACTION FUND. In response
to a Public Comment request, CM/Lowry explained that this
appropriation referred to money that was set aside in order to
facilitate early retirement when the early retirement benefited the
reorganization of the City. Staff had brought forward to the Council
on two or three occasions the outcomes of these early retirements
that resulted in the City's ability to bring into the City different
positions to fulfill objectives as new projects come on board. For
example, one of the most important was the Diamond Bar Center
wherein the early retirement of one employee allowed the City to
fulfill new job duties and responsibilities.
6.8 RECEIVED AND FILED LIBRARY BOND ACT APPLICATION
DECEMBER 7, 200 PAGE 10 CITY COUNCIL
UPDATE REPORT.
6.9 RECEIVED DRAFT YOUTH MASTER PLAN PENDING FURTHER
DISCUSSION AND REVIEW.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 APPROVAL OF COMMUNITY FUND ALLOCATION PLAN FOR
FY 2004-05, INTRODUCE ORDINANCE NO. XX(2004)
AMENDING SECTION 3.28.060 OF THE DIAMOND BAR
MUNICIPAL CODE, AND ADOPT RESOLUTION NO. 2004 -XX
RESCINDING RESOLUTION NO. 89-42 ABOLISHING DEFUNCT
THE CITY COUNCIL COMMITTEES.
CM/Lowry stated that the Finance Committee was comprised of
MPT/Herrera and former Council Member Huff who regularly met to
review warrants as stipulated within the D.B. Municipal Code.
Additionally, as a result of Council actions taken over the years, the
Finance Subcommittee reviewed requests for funds that were
generally recommended for appropriation from the Community
Fund. The $20,000 Community Fund is an appropriation that is
historically renewed within the City's annual operating budget. The
Committee suggested that their function had become somewhat
unnecessary and recommended that the Committee be abolished
and that the tasks the committee performed be dealt with in the
following manner: 1) That requests for allocations from the
Community Fund be done on an annual allotment basis in a method
similar to the way the City and the Council approves the CDBG
funds allocation whereby the historical and new recipients come to
the City at a pre -determined time during the calendar year to make
their requests and come before the Council as a body at one time
for consideration. As the year progressed the approved applicants
would draw down on the allotment. To that end, the Committee set
forth an allocation based on histrorical amounts paid to community
agencies, non -profits and other organizations for the Council's
Consideration. 2) That the Finance Committee would dissolve itself
and the approved process would be eliminated with the warrants
being provided to the City Council for ratification on the regular
Council agenda. In order to set this process into motion it would be
necessary to amend the Municipal Code that refers to the Finance
Committee's approval of warrants. The Municipal Code contains
language referring to an antiquated process which no longer
applies to current practice. Accordingly, staff prepared an
ordinance to replace the pertinent section of the Municipal Code.
The proposed language changes are contained within staff's report.
DECEMBER 7, 200 PAGE 11 CITY COUNCIL
Further, staff determined that the 1989 approved resolution
established a number of standing committees for appointment by
the City Council, most of which are no longer in effect. Since the
only remaining standing subcommittee was the
Finance Committee, staff recommends that the entire resolution be
rescinded. In conclusion, it is a good business decision to eliminate
a redundant process since all Council Members have access to
review the check register.
C/O'Connor agreed with the recommendation to eliminate review of
the registers on a bi-weekly basis because the item is on the
regular meeting agenda. However, one of the responsibilities of
Council Members is a fiduciary responsibility and one of Council's
most important duties is to go through the budget process. She felt
the Council would be remiss if it were to eliminate the Finance
Committee. At the very least the committee name could be
changed to Budget Committee since the Council is obliged to go
through the budget.
MPT/Herrera said the Finance Committee discovered that staff's
efforts were duplicated through this process and due to the City's
small and busy staff it would behoove the Council to not further
burden them with this process. It was important for the Finance
Committee to review the budget and move it along to the entire
Council for review. However, that too was a duplication of effort.
These eliminations would make the process easier for staff.
There was no one present who wished to speak on this matter.
MPT/Herrera moved, C/Zirbes seconded, to approve Community
Fund Allocation Plan for FY 2004-05, Approve First Reading by
Title Only of Ordinance No. 9 and Adopt Resolution No. 2004-63
rescinding Resolution No. 89-42 abolishing defunct Committees of
the City Council. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Zirbes, MPT/Herrera,
C/Chang
NOES: COUNCIL MEMBERS: O'Connor
ABSENT: COUNCIL MEMBERS: None
RECESS: M/Chang recessed the Regular City Council Meeting to the regular
meeting
of the Board of Directors of the Redevelopment Agency at 8:38 p.m.
RECONVENE: M/Chang reconvened the regular City Council meeting at
8:47 p.m.
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
DECEMBER 7, 200 PAGE 12 CITY COUNCIL
COMMENTS:
C/Zirbes reported that the Neighborhood Improvement Committee met last
week with staff including the City's new Planning Manager Fong and the
Neighborhood Improvement Enforcement Officers. He hoped to receive a
report from staff about the success of the program over the past three
years. He felt the improvements in the integrity and quality of the City's
neighborhoods were evidence of the success of the program. He
recommended that the Council schedule a mid -year budget and Council
goals review for an upcoming study session in January.
C/O'Connor recognized today as Pearl Harbor Day and asked everyone to
be mindful about what occurred this date in 1941. She thanked all
veterans and those currently serving in the armed forces. She felt that
tonight's meeting was an exhibit of politics at its worst. In the last election
she had the support of more than 3,300 residents, more support than
either C/Zirbes or MPT/Herrera received in their last elections and that
they were supposed to make decisions for the community. She said she
would continue to serve the residents to the best of her ability and not the
members of this City Council.
MPT/Herrera had the pleasure of flying to Sacramento with about 30
residents of D.B. and neighboring cities to witness the swearing-in of
Assembly Member Bob Huff. It was great to see other assembly members
and staff members welcome Mr. Huff on board and ask to talk with him
about issues of concern to the State. She knew that Mr. Huff would do a
fine job for the 60' Assembly District and for the City of D.B. She thanked
outgoing Mayor Zirbes for the great job he did during his recent stint as
Mayor. Much work was done and many task forces were convened and a
lot of community input was garnered. It is not easy being Mayor and Mr.
Zirbes did a great job. She thanked him for his dedication and
commitment. She told Mr. Chang that she was very grateful that he
accepted the office of Mayor. Next year is a very important year for the
City with many important projects on the table and Mr. Chang had
particular expertise and knowledge that would benefit the City in those
efforts. Regarding comments from disgruntled citizens, she responded that
it was her job to make decisions that were best for the City and not best
for individuals. That may not set well with many individuals who may not
be aware of all of the reasons. If anyone was interested to know the
reasons she took the actions she took this evening, please call her at her
home and she would explain. She felt it was important to make decisions
that were best for staff and the residents and to have people in office that
would do the best job.
M/Chang commended outgoing Mayor Zirbes on a job well done during
the past year. He and C/Zirbes co-chaired the Neighborhood Improvement
and Economic Development committees, Library Task Force and others.
He saw C/Zirbes' vision for leading this community on a positive going
DECEMBER 7, 200 PAGE 13 CITY COUNCIL
forward basis and in the best interest of the City and its residents. He
thanked outgoing Mayor Zirbes for his dedication and leadership.
M/Chang commended the 16 applicants who applied for the City Council
vacancy. All 16 candidates were great in the interview process and he said
that many were well qualified to hold the position. He asked residents to
become more involved and participate in the future of D.B. and thanked
residents who take an active role in the governing of the City. M/Chang
spoke about the City's unsuccessful bid for library grant funds. He thanked
the 2000 residents who wrote passionate and enthusiastic letters to the
State on behalf of the grant application. And thanked staff members led by
DCM/Doyle. He vowed that Council and staff would not give up the pursuit
of a new library. He asked residents to join in
the Snowfest activities and attend the State of the City event to support
outgoing Mayor Zirbes and learn what D.B. has in store for its future. He
again thanked everyone for their support and allowing him to serve the
community as its Mayor for 2005.
10. ADJOURNMENT: With no further business to conduct, M/Zirbes
adjourned the meeting at 9:00 p.m.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of
2004.
WEN CHANG, MAYOR
Agenda 6.1.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 7, 2004
STUDY SESSION: 1:00 p.m., Room CC -8, The Government
Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA.
Review applications and interview applicantsfor appointment tofill the City Council
Vacancy
Public Comments on Study Session Agenda Items
Mayor Zirbes adjourned the Study Session at 6:18 p.m. to the Regular City Council
Meeting.
CALL TO ORDER: Mayor Zirbes called the Regular City Council meeting to
order at 6:38 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
M/Zirbes reported that during the 1:00 p.m. Study Session Council Members interviewed
applicants for possible appointment to fill the City Council vacancy left by Council Member
Huff. Each Council Member will select one finalist by Friday, December 10 at 9:00 a.m. for
debate, nomination and possible selection on Tuesday, December 14.
PLEDGE OF ALLEGIANCE: Mayor Zirbes led the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church
gave the invocation.
ROLL CALL: Council Members Chang, O'Connor, Mayor Pro Tem
Herrera and Mayor Zirbes.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager and
Acting City Clerk; Bob Rose, Community Services Director; Linda Magnuson, Finance
Director; April Blakey, Public Information Manager.
APPROVAL OF AGENDA: As Presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Draft Youth Master Plan — SMA/Crews stated that the Youth
Master Plan document will serve as a roadmap to guide the community
toward the creation of a comprehensive delivery system of programs,
services and facilities that provide opport unities for youth to develop their full
potential to become healthy, happy and productive citizens of their
community. This plan leads the City to an entire culture shiftthat takes the
City from a problem-solvin g approach to a positive strength -based approach;
from a program focus to a relationship focus; from disconnected and
fragmented individual agency agendas to a shared vision and integrated
DECEMBER 7, 2004 PAGE 2 CITY COUNCIL
strategies among all agencies and service providers; from competing
organizations with conflicting messages to strategic partnerships with a
consistent message, and from ever-changing priorities to long-term
commitments to youth and families. The firstdraft ofthe Youth MasterPlan is
hereby transmitted to the City Council this evening. Staff recommended that
the Council schedule further review of this draft ata future date.
1.2 Recognition of Youth Master Plan Steering Committee Members by
Chairperson Debby O'Connor.
1.3 MPT/Herrera proclaimed March 9, 2005 as "Arbor Day" and presented the
Proclamation to Bob Rose, Community Services Director.
BUSINESS OF THE MONTH:
1.4 C/Chang presented a City Tile to Ken Knudson, Service Center Manager, for
St. Paul Traveler's Insurance as Business ofthe Month for December 2004.
M/Zirbes said it was his honor to lead the City Council this past year as the City's Mayor
and to be the figurehead representative for the Council and the City. Many great things
have happened in D.B. including the opening of the Diamond Bar Center. He headed two
task forces this year and the participants came up with good short-term and long-term
recommendations culminating in the Council's approval ofan allocation for improvements
to the Lorbeer Middle School lower field. In spite of the fact that D.B. was unsuccessful in
its bid for library grant funds the task force came up with excellent suggestions for
improvements to the current facility. He thanked the 2000 residents who wrote letters in
support of the library. The Task Force will meet early in 2005 to review the short-term
solutions and provide an improved library service to the residents. There have been a
number of traffic improvements including improved traffic flow through improved traffic
signalization. Additionally, the City has moved forward very aggressively on the matter of
economic development. People love D.B. and the one theme from residents and today's
applicants was that the City provides an excellent "quality of life" atmosphere. The City is
facing loss of tax revenue as a result of businesses leaving the community and the City
needs to work hard to restore the revenue base to stay even with today's economy. The
Mayor has an opportunity to attend many functi ons within the City as well as regionally. He
thanked everyone for their invitations, apologized for those events hewa s unable to attend
and said hewas honored to attend many great events. Maintaining positive relationships
with local, state and federal agencies and individuals was his major goal toward improving
D.B. For him it was a very memorable year and hoped that he had well represented the
community and its residents.
REORGANIZATION: Mayor and Mayor Pro Tem.
M/Zirbes opened nominations for Mayor.
MPT/Herrera stated that D.B. does not necessarily follow tradition and the selection of
Mayor has been that of an individual who could best put forth the goals of the City and
continue with the work the City needs to perform. This next year will be a very important
DECEMBER 7, 2004 PAGE 3 CITY COUNCIL
year for the City of D.B. becaus a there are very critical level opment projects on the front
burner and it will take an individual who has an understanding of development projects.
D.B. has economic development issues with major tax revenue producers leaving the
community. D.B. needs an individual who has an in-depth understanding ofbusiness. She
nominated Wen Chang to serve as mayor; an individual she felt could fulfill the duties and
obligations as Mayor for the City, that he could lead the City to best accomplish the
essential economic developmen t, business development and commercial development that
would keep D.B. on its present course.
C/Chang said hewas thrilled to have those kind words spoken about him by MPT/Herrera.
However, hesaid hewould rather nominate C/O'Connor forthe position and vowed to work
toward a unified Council for the betterment of the City. He declined the nomination and
nominated C/O'Connor to serve as mayor.
CA/Jenkins responded to MPT/Herrera that ifC/Chang wished to declinethe nomination he
could do so but it would not preclude the Council from bringing back the nomination ata
later point were the Council unsuccessful in selecting a mayor.
MPT/Herrera appealed to C/Chang to please leavehis nomination on the table. Hewas
part ofthe economic development team and sheremembered when City Hall was in the old
building and C/Chang played a major role in negotiating with AQMD and got the City a
better deal than it would have gotten on its own. C/Chang has a strong knowledge of
business and she believed those were the qualities and attributes that this City very much
needed in this coming year because of the impending projects. She asked C/Chang to
reconsider.
C/Chang agreed to remain a nominee
M/Zirbes closed the nominations.
The first Roll Call vote result was as follows
C/Chang: Mrs. O'Connor
C/O'Connor: O'Connor
MPT/Herrera: Wen Chang
M/Zirbes: Mr. Chang
M/Zirbes asked for nominations for Mayor and Mayor Pro Tem.
M/Zirbes stated that he and Mr. Chang had worked closely during the past three years
serving together on the Neighborhood Improvement Committee and Economic
Development Committee. Heard Mr. Chang have had many conversations that revealed
an understanding of the importance of the figurehead and an understanding of the
crossroads at which D.B. finds itself at this point in history. M/Zirbes felt that he and
C/Chang saw eye -to -eye on the City's current course and direction and this was the night
the City has to select a new Mayor; this wa s the night the Council had to pass the baton.
From M/Zirbes: "Mr. Chang, I'm asking you to allow meto nominate you asthe Mayor and
for you to accept the responsibility and the duties and provide the leadership and the
DECEMBER 7, 2004 PAGE 4
C�7��'<ili1�1►[�11�
experience that the community of D.B. needs from you today for its future."
C/Chang: Well, Mr. Mayor, thank you so much for saying that. I did enjoy working with you
on economic development and other projects and committees. We all have a mission to
make our City better. I am unea sy speaking about this in front of the 58,000 residents of
D.B. "He agreed to accept the nomination.
M/Zirbes closed the nominations and asked for roll call:
Upon Roll Call vote C/Chang was selected to serve as mayor.
C/Chang:
Chang
C/O'Connor:
Abstain
MPT/Herrera:
Wen Chang
M/Zirbes:
Mr. Chang
Mayor -Elect Chang said hewas humbled bywhat justtook place and vowed to work for the
good ofthe City and its residents. He assured everyone that hewould do the best possible
job to make D.B. an even better place to live. He thanked everyone who afforded him this
opportunity.
Mayor -Elect Chang spoke about the knowledge, leadership and vision of former Mayor
Zirbes and applauded him for his fine efforts on behalf of the City.
Mayor Chang asked for nominations for Mayor Pro Tem:
MPT/Herrera nominated C/Zirbes to serve as Mayor Pro Tem.
M/Chang nominated C/O'Connor.
M/Chang closed the nominations for Mayor Pro Tem.
First Roll Call vote:
C/O'Connor:
O'Connor
C/Zirbes:
Zirbes
MPT/Herrera:
Bob Zirbes
M/Chang:
O'Connor
M/Chang asked for reconsideration.
M/Chang nominated C/O'Connor.
MPT/Herrera nominated C/Zirbes.
M/Chang closed the nominations
C/Zirbes nominated MPT/Herrera.
DECEMBER 7, 2004 PAGE 5 CITY COUNCIL
Second Roll Call vote
C/O'Connor: O'Connor
C/Zirbes: Herrera
MPT/Herrera: Bob Zirbes
M/Chang: O'Connor
CA/Jenkins informed Council that there must be a majority vote.
M/Chang re -opened the nominations.
MPT/Herrera stated that when the Mayor is absent from the City the Mayor Pro Tem would
begiving direction in the City and would conductthe City Council meetings. The Mayorand
Mayor Pro Tem would be meeting with developers and shepherding future development
critical to D.B. Because M/Chang and C/Zirbes had worked so closely on these issues for
the sake of continuity she nominated C/Zirbes to serve as Mayor Pro Tem.
CA/Jenkins stated that ifthe election deadlocked, itcould becont inued to future meeting.
MPT/Herrera asked if in the event ofa deadlock and the inability to elect a new Mayor Pro
Tem does the former Mayor Pro Tem remain in office?
CA/Jenkins explained that hehad determined that to be the case with the mayor's position
and C/Zirbes would have continued as Mayor until consensus was reached. In this case, it
would seem to him that the same rule woul d apply in this instance so Mrs. Herrera would
continue as Mayor Pro Tem until such time as the item was brought back on the agenda for
election of another Mayor Pro Tem.
MPT/Herrera called for the vote on her nomination.
M/Chang nominated C/O'Connor.
Second Roll Call vote:
C/O'Connor: O'Connor
C/Zirbes: Zirbes
MPT/Herrera: Zirbes
M/Chang: O'Connor
M/Chang asked that this matter be placed on the December 14 City Council Meeting
agenda.
PRESENTATIONS TO OUTGOING MAYOR BOB ZIRBES:
RECESS: M/Chang recessed the City Council meeting at 7:45 p.m. for a reception for
outgoing Mayor Zirbes and Mayor Chang.
RECONVENE: M/Chang reconvened the City Council meeting at 8:00 p.m
DECEMBER 7, 2004 PAGE 6 CITY COUNCIL
CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry asked for
Council's concurrence to hold the next Council meeting on December 14 as
previously scheduled and to go dark on December 21 due to lack of quorum.
Council concurred. CM/Lowry asked for consensus that the Council would consider
appointment for the position of Mayor Pro Tem during its December 14, 2004.
Council concurred.
PUBLIC COMMENTS: Marie Buckland stated she believed that in all
fairness the highest vote getter in the last election should be selected to fill the
Council vacancy and ifthat were not the case, the matter should go to a vote ofthe
people because the people have the right to pick those who serve the citizens.
Orien Pagan said she has lived in D.B. since 1962 and has a business in town
celebrating its 35th anniversary this year. She attended today's public interviews
during which 16 candidates were interviewed and was sincerely impressed bythe
quality of the candidates. The last candidate made a statement that spoke to
agreeing and disagreeing. She felt the Counc it should read the transcript of that
statement. She supports Jack Tanaka becaus a in the August 7, 2004 City Council
Study Session MPT/Herrera made the following comment with respect to a
replacement for Mr. Huff to wit: "I would think that if there were those who were
interested they would start coming to the Council Meetings to see what matters we
are dealing with, to come and listen to the discussion and to follow along to show
that they are interested." Which applicant has been consistently attending the
Council Meetings not only since August but also for several years? The answer is,
Jack Tanaka. Mayor Zirbes said in his November Mayor's Comer the following: "I
believe that the next member ofthe Council should beone whose priorities are the
same asthe City's, economic developm ent being one." Asked which applicants are
active members ofthe Chamber of Commerce, ask Chamber board member (her
for example, a former president of the Chamber) which applicant consistently
participates in the monthly Chamber events ribbon cuttings and who has over 45
businesses signing a support statement and the answer is, Jack Tanaka. As
yourselves which one of the applicants has run in the City election and had the
courage like you to run going door to door and meeting the residents of D.B. The
answer is, Jack Tanaka. Asyourselves which one ofthe applicants received proven
support from over 1800 citizens of D.B., theanswer is,JackTanaka. Askyourselves
which one ofthe applicants actively participates in almost all ofthe City'sfunctions —
Easter Egg Hunt, Paint Your Town, City Birthday Party, the millennium celebration,
the Youth Master Plan, Friends of the Library, setting up se rvice clubs in the middle
and high schools; the answer is, Jack Tanaka. Ask yourselves which of the
applicants has been recognized ascommunity volunteer ofthe year and recognized
atour City's Birthday Party; the answer is, Jack Tanaka. Asyourselves which ofthe
applicants can devote full time to helping the City continue to move in a positive
direction which wedesperately need; the answer is,JackTanaka. Ithink itis plain to
see that Jack Tanaka far exceeds your expectations of any ofthe applicants that
you are considering. Please show her an applicant who can even come close to
Jack Tanaka. lurge you to make the onlyselection that can bemade —appoint Jack
Tanaka as our next Council Member.
DECEMBER 7, 2004 PAGE 7 CITY COUNCIL
Eileen Ansari said as a resident, former Council Member and former Mayor she was
totally disgusted, discouraged and ashamed of some ofthe Council Members. She
said she respected Mayor Chang's statement that as a City we must work together
as a cohesive body. She felt two Council Members had decided they were working
on their own for the City. All Council Members were elected by the people and
should work in that capacity. She asked those watching to let their Council Members
know how they felt. Economic development is important and attending community
events is also important. The Council has now bypassed Mrs. O'Connor for the
second time and she did not understand why that would happen. Mrs. O'Connor is
very active and although she may not always agree with her positions Mrs.
O'Connor works as hard as the other Council Members and she can do the work as
well as any other Council Member. If the Council is not going to have rotation for
Mayor and Mayor Pro Tem positions among Council Member itis time to have those
positions elected by the pub lic. And if any Council Members are conferring outside
of the public view it is a Brown Act violation. In your wisdom you selected Mayor
Chang but it is not fair to Mrs. O'Connor and it is not fair to the City because Mrs.
O'Connor was elected by a large number of votes in this community and it is only
fair that the Council rotate her through the chairs. Mrs. Ansari asked for an
explanation ofthe personnel action fund. She said that ifanyone would liketo speak
with her to call her at 861-7012.
RESPONSE TO PUBLIC COMMENTS: M/Chang asked the City Manager to
explain the Personnel Action Fund. The City Manager reported that the Personnel
Action Fund was established to provide early retirement opportunities for City
employees when such retirement benef ited the reorganization of positions.
SCHEDULE OF FUTURE EVENTS:
5.1 CALTRANS COMMUNITY MEETING— December 8,2004 -6:00 p.m., Room
CC -2, AQMD/Government Center, 21865 Copley Dr.
5.2 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — December
9,2004 —7:00 p.m., AQMD/Government Center Hearing Board Room, 21865
Copley Dr.
5.3 WINTER SNOWFEST — December 11, 2004 — 10:00 a.m. — 4:00 p.m.,
Pantera Park, 738 Pantera Dr.
5.4 SPECIAL COUNCIL MEETING — December 14, 2004 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.5 PLANNING COMMISSION MEETING — December 14, 2004 — 7:00 p.m.,
AQMD/Government Center Hearing Board Room, 21865 Copley Dr.
5.6 D.B. COMMUNITY FOUNDATION MEETING — December 16, 2004 — 7:00
p.m., AQMD/Government Center Room CC -8, 21865 Copley Dr.
DECEMBER 7, 2004 PAGE 8 CITY COUNCIL
5.7 CITY COUNCIL MEETING - December 21, 2004 - 6:30 p.m.,
AQMD/Government Center, 21865 Copley Dr.
5.8 STATE OFTHE CITY -January 13, 2005 -7:00 a.m., D.B. Center, 1600 S.
Grand Ave.
6. CONSENT CALENDAR: C/Zirbes moved, MPT/Herrera seconded to
approve the Consent Calendar as presented. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS: O'Connor, Zirbes, MPT/Herrera, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
G- i1kVAili111010l=Llh0LeiIIas
6.1.1 STUDY SESSION MINUTES - Regul ar Meeting of November 16,
2004 - Approved as submitted.
6.1.2 REGULAR MEETING MINUTES -Regular Meeting of November 16,
2004 - Approved as submitted.
6.2 PLANNING COMMISSION MINUTES
6.2.1 Regular Minutes of October 26, 2004 - Received and Filed.
6.2.2 Regular Meeting of Novem ber 9, 2004 - Received and Filed.
6.3 PARKS AND RECREATION COMMISSION MINUTES -Regular Meeting of
October 28, 2004 - Received and Filed.
6.4 APPROVED WARRANT REGISTERS DATED NOVEMBER 18, NOVEMBER
25 and DECEMBER 2, 2004 IN AN AMOUNT TOTALING $1,081,147.32.
6.5 REVIEWED AND APPROVED TREAS URER'S STATEMENT - MONTH OF
OCTOBER 2004.
6.6 APPROVED APPLICATIONS FOR TREE CITY USA RECERTIFICATION
AND GROWTH AWARD FOR 2004 AND AUTHORIZED THE MAYOR TO
SIGN THE APPLICATIONS.
6.7 APPROPRIATED $50,000 FROM THE GENERAL FUND RESERVES FOR
THE PERSONNEL ACTION FUND. In response to a Public Comment
request, CM/Lowry explained that this appropriation referred to money that
was set aside in order to facilitate early retirement when the early retirement
benefited the reorganization of the City. Staff had brought forward to the
Council on two or three occasions the outcomes of these early retirements
that resulted in the City's ability to bring into the City different positions to
fulfill objectives as new projects come on board. For example, one of the
most important was the Diamond Bar Center wherein theearly retirement of
DECEMBER 7, 2004 PAGE 9 CITY COUNCIL
one employee allowed the City to fulfill new job duties and responsibilities.
6.8 RECEIVED AND FILED LIBRARY BOND ACT APPLICATION UPDATE
REPORT.
6.9 RECEIVED DRAFT YOUTH MASTER PLAN PENDING FURTHER
DISCUSSION AND REVIEW.
PUBLIC HEARINGS: None
COUNCIL CONSIDERATION:
8.1 APPROVAL OF COMMUNITY FUND ALLOCATION PLAN FOR FY 2004-05,
INTRODUCE ORDINANCE NO. XX(2004) AMENDING SECTION 3.28.060
OF THE DIAMOND BAR MUNICIPAL CODE, AND ADOPT RESOLUTION
NO. 2004 -XX RESCINDING RESOLUTION NO. 89-42 ABOLISHING
DEFUNCT THE CITY COUNCIL COMMITTEES.
CM/Lowry stated thattheFinance Committee wascomprised ofMPT/Herrera
and former Council Member Huff who regularly met to review warrants as
stipulated within the D.B. Municipal Code. Additionally, asa resultofCouncil
actions taken over the years, the Finance Subcommittee reviewed requests
for funds that were generally recommended for appropriation from the
Community Fund. The $20,000 Community Fund is an appropriation that is
historically renewed within the City's annual operating budget. The
Committee suggested that theirfunction had become somewhat unnecessary
and recommended that the Committee be abolished and that the tasks the
committee performed bedealt with inthe following manner: 1)That requests
for allocations from the Community Fund be done on an annual allotment
basis in a method similarto the way the City and the Council approves the
CDBG funds allocation whereby the historical and new recipients cometothe
Cityata pre -determined timeduring the calendar yeartomake theirrequests
and come before the Council as body atone time for consideration. As the
year progressed the approved applicants would draw down on the allotment.
To that end, the Committee set forth an allocation based on histrorical
amounts paid to community agencies, non -profits and other organizations for
the Council's Consideration. 2) That the Finance Committee would dissolve
itself and the approved process would be eliminated with the warrants being
provided to the City Council for ratification on the regular Council agenda. In
order to set this process into motion it would be necessary to amend the
Municipal Code that refers to the Finance Committee's approval ofwarrants.
The Municipal Code contains language referring to an antiquated process
which no longer applies to current practice. Accordingly, staff prepared an
ordinance to replace the pertinent section of the Municipal Code. The
proposed language changes are contained within staffs report. Further, staff
determined that the 1989 approved resolution established a number of
standing committees forappointment bytheCity Council, mostofwhich are
no longer in effect. Since the only remaining standing subcommittee was the
DECEMBER 7, 2004 PAGE 10 CITY COUNCIL
Finance Committee, staff recommends that the entire resolution be
rescinded. In conclusion, it is a good business decision to eliminate a
redundant process since all Council Members have access to review the
check register.
C/O'Connor agreed with the recommendation to eliminate review of the
registers on a bi-weekly basis because the item is on the regular meeting
agenda. However, one of the responsibilities of Council Members is a
fiduciary responsibility and one of Council's most important duties is to go
through the budget process. She felt the Council would beremiss ifitwere to
eliminate the Finance Committee. At the very least the committee name
could be changed to Budget Committee since the Council is obliged to go
through the budget.
MPT/Herrera said the Finance Committee discovered that staffs efforts were
duplicated through this process and due to the City's small and busy staff it
would behoove the Council to not further burden them with this process. It
was important for the Finance Committee to review the budget and move it
along to the entire Council for review. Ho wever, that too was a duplication of
effort. These eliminations would make the process easier for staff.
There was no one present who wished to speak on this matter.
MPT/Herrera moved, C/Zirbes seconded, to approve Community Fund
Allocation Plan for FY 2004-05, Approve First Reading by Title Only of
Ordinance No. 9 and Adopt Resolution No. 2004-63 rescinding Resolution
No. 89-42 abolishing defunct Committees of the City Council. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Zirbes, MPT/Herrera, C/Chang
NOES: COUNCIL MEMBERS: O'Connor
ABSENT: COUNCIL MEMBERS: None
RECESS: M/Chang recessed the Regular City Council Meeting to the regular meeting
ofthe Board of Directors of the Redevelopment Agency at8:38 p.m.
RECONVENE: M/Chang reconvened the regular City Council meeting at 8:47 p.m.
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Zirbes reported that the Neighborhood Improvement Committee met last week
with staff including the City's new Planning Manager Fong and the Neighborhood
Improvement Enforcement Officers. Hehoped to receive a report from staff about
the success of the program over the past three years. He felt the improvements in
the integrity and quality of the City's neighborhoods were evidence of the success
ofthe program. Herecommended that the Council schedule a mid -year budget and
Council goals review for an upcoming study session in January.
DECEMBER 7, 2004 PAGE 11 CITY COUNCIL
C/O'Connor recognized today as Pearl Harbor Day and asked everyone to be
mindful about what occurred this date in 1941. She thanked all veterans and those
currently serving in the armed forces. She feltthat tonight's meeting was an exhibit
of politics at its worst. In the last election she had the support of more than 3,300
residents, more support than either C/Zirbes or MPT/Herrera received in their last
elections and that they were supposed to make decisions for the community. She
said she would continue to serve the residents to the best of her ability and not the
members of this City Council.
MPT/Herrera had the pleasure of flying to Sacramento with about 30 residents of
D.B. and neighboring cities to witness the swearing-in of Assembly Member Bob
Huff. Itwas great to see other assembly members and staff members welcome Mr.
Huff on board and ask to talk with him about issues of concern to the State. She
knew that Mr. Huff would do a fine job for the 60 thAssembly District and for the City
of D.B. She thanked outgoing Mayor Zirbes forthe great job heli d during his recent
stint as Mayor. Much work was done and many task forces were convened and a lot
of community input was garnered. Itis not easy being Mayor and Mr. Zirbes did a
great job. She thanked him for his dedication and commitment. She told Mr. Chang
that she was very grateful that he accepted the office of Mayor. Next year is a very
important year for the City with many important projects on the table and Mr. Chang
had particular expertise and knowledge that would benefit the City in those efforts.
Regarding comments from disgruntled citizens, she responded that itwas her job to
make decisions that were best forthe City and not best for individuals. That may not
set well with many individuals who may not be aware ofall ofthe reasons. Ifanyone
was interested to know the reasons she took the actions she took this evening,
please call her ather home and she would explain. She felt itwas important to make
decisions that were best for staff and the residents and to have people in office that
would do the best job.
M/Chang commended outgoing Mayor Zirbes on a job well done during the past
year. Heard C/Zirbes co-chaired the Neighborhood Improvement and Economic
Development committees, Library Task Force and others. He saw C/Zirbes' vision
for leading this community on a positive going forward basis and in the best interest
of the City and its residents. He thanked outgoing Mayor Zirbes for his dedication
and leadership. M/Chang commended the 16 applicants who applied for the City
Council vacancy. All 16 candidates were great in the interview process and hesaid
that many were well qualified to hold the position. He asked residents to become
more involved and participate in the future of D.B. and thanked residents who take
an active role in the governing of the City. M/Chang spoke about the City's
unsuccessful bid for library grant funds . He thanked the 2000 residents who wrote
passionate and enthusiastic letters to the State on behalf of the grant application.
And thanked staff members led by DCM/Doy le. He vowed that Council and staff
would not give up the pursuit of a new library. He asked residents to join in the
Snowfest activities and attend the State of the City event to support outgoing Mayor
Zirbes and learn what D.B. has in store forits future. Heagain thanked everyone for
their support and allowing him to serve the community as its Mayor for 2005.
DECEMBER 7, 2004 PAGE 12
C�7��'<ili1�1►[�11�
10. ADJOURNMENT: With no further business to conduct, M/Zirbes adjourned the
meeting at 9:00 p.m.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of 2004.
WEN CHANG, MAYOR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 14, 2004
CALL TO ORDER: Mayor Zirbes called the Rgular City Council
meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: MPT/Herrera led the Pledge of Allegiance.
INVOCATION: Dr. James Price, Diamond Canyon Christian
Church gave the invocation.
ROLL CALL: Council Members O'Connor, Zirbes, Mayor Pro
Tem Herrera and Mayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins,
City Attorney, James DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager and acting City Clerk; David Liu, Director of Public Works; Bob Rose,
Community Services Director; Linda Magnuson, Finance Director; April Blakey,
Public Information Manager.
1. APPROVAL OF AGENDA: As Presented.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
Offered.
3. PUBLIC COMMENTS: Jerry Hamilton said that unless young
residents learned to speak up they would not have a future in D.B. The
citizens rejected redevelopment and the City is falling behind its neighbors
in redevelopment and economic development. Residents say they do not
want a big box store and yet many hold credit cards for these types of
stores. D.B. needs to bring back a Redevelopment Plan for
reconsideration. Redevelopment is breathing life back into deteriorating
shopping centers in other cities and the same could hold true for D.B.
Older long-time residents of D.B. hate to see the changes but D.B. cannot
function without them. People who do not want a bypass road because
they are concerned about protecting animal species are hurting the
citizens and D.B.'s future. Whoever the Council picks to fill the vacancy it
should be someone who will protect the residents of D.B.
4. RESPONSE TO PUBLIC COMMENTS: M/Chang felt Mr.
Hamilton's comments were well taken. He said that this Council has
worked diligently and aggressively with respect to economic development
for the City. This Council
regrets the loss of the Redevelopment Plan but has not given up the fight.
D.B. cannot afford to be left behind when it comes to expanding its
economic development opportunities.
DECEMBER 14, 2004 PAGE 2
CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 D.B. COMMUNITY FOUNDATION MEETING — December 16, 2004
— 7:00 p.m., AQMD/Government Center Room CC -8, 21865 Copley
Dr.
5.2 CHRISTMAS HOLIDAY OBSERVANCE — City Offices will be
closed December 23 and December 24, 2004. Offices will reopen
Monday, December 27, 2004.
5.3 NEW YEAR'S DAY OBSERVANCE - City Offices will be closed,
Friday, December 31, 2004. Offices will reopen Monday, January
3, 2005.
5.4 CITY COUNCIL MEETING — January 4, 2005 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.5 PLANNING COMMISSION MEETING — January 11, 2005 — 7:00
p.m., AQMD/Government Center Auditorium, 21865 Copley Dr.
5.6 STATE OF THE CITY — January 13, 2005 — 7:00 a.m., D.B. Center,
1600 S. Grand Ave.
5.7 TRAFFIC AND TRANSPORTATION COMMISSION — January 13,
2004 — 7:00 p.m., AQMD/Government Center Hearing Board
Room, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Zirbes moved, MPT/Herrera seconded
to approve the Consent Calendar as presented. Motion carried by the
following Roll Call vote with C/O'Connor voting "NO" on Item 6.4:
AYES: COUNCIL MEMBERS: O'Connor, Zirbes, MPT/Herrera,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES — Special Meeting of December 1, 2004
— Approved as submitted.
6.2 CHECK REGISTER — Ratified Check Register dated December 9,
2004 in the amount of $297,887.70.
6.3 REJECTED CLAIM — Filed by Mike and Susan Guzman on
December 2, 2004.
6.4 SECOND READING AND ADOPTION OF ORDINANCE NO.
09(2004) AMENDING SECTION 3.28.060 OF THE DIAMOND BAR
MUNICIPAL CODE ELIMINATING REFERENCE TO THE
DECEMBER 14, 2004 PAGE 3 CITY COUNCIL
FINANCE COMMITTEE AND OTHER COMMITTEES STATE
THEREIN.
6.5 ADOPTED RESOLUTION NO. 2004-64; AUTHORIZING
TERMINATION OF THE CONFIRMING LETTER OF CREDIT AND
EXECUTION AND DELIVERY OF AN AMENDMENT TO THE
REIMBURSEMENT AGREEMENT PERTAINING TO THE CITY OF
DIAMOND BAR PUBLIC FINANCING AUTHORITY VARIABLE
RATE LEASE REVENUE BONDS, 2002 SERIES A
(COMMUNITY/SENIOR CENTER PROJECT); AND AUTHORIZED
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.
6.6 ADOPTED RESOLUTION NO. 2004-65; ESTABLISHING SALARY
RANGES FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE
THE PAY PERIOD COMMENCING DECEMBER 26, 2004;
RESCINDING RESOLUTION NO. 2004-61 IN ITS ENTIRETY.
6.7 APPROVED CONTRACT AMENDMENT NO. 6 TO EXTEND
CITYWIDE LANDSCAPE MAINTENANCE CONTRACT WITH
TRUGREEN LANDCARE FOR ONE YEAR JANUARY 1, 2005
THROUGH DECEMBER 31, 2005 IN THE AMOUNT OF $315,564;
PLUS APPROPRIATION OF $36,000 FROM LLAD #39
RESERVES FOR CONTRACT COSTS RELATED TO LLAD #39
AND APPROPRIATION OF $15,000 FROM GENERAL FUND
RESERVES FOR CONTRACT COSTS RELATED TO CITY
PARKS.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 (a) SELECTION OF COUNCIL APPOINTEE — Individual
Council Members submitted their nominees as follows: Jack
Tanaka, Joe McManus and Dan Nolan. Council will discuss and
consider these nominations and any other candidates at its
discretion.
MPT/Herrera recommended that the Council follow the order
outlined in tonight's agenda. Council concurred.
MPT/Herrera nominated Joe McManus, an individual who has
owned an operated a business within the City of D.B. for 26 years,
been a resident of the City for 26 years, has run for public office on
two different occasions and obtained over 3000 votes from the
citizens of D.B. In the middle `80's he ran for Municipal Advisory
Council and in 1990 he ran for a position on the Walnut Valley
Water Board. He is a past president of the Walnut Valley Rotary, a
member of the Walnut Valley Chamber of Commerce, past board
DECEMBER 14, 2004 PAGE 4 CITY COUNCIL
member of the D.B. Chamber of Commerce, fundraising chairman
for the YMCA and was on the board of the D.B. Improvement
Association for many years. He was also one of the founding
members of the Walnut Sheriff's Station Boosters. For 26 years
this individual has consistently contributed to the community, plus
has obtained the confidence of many residents in
the community that voted for him on two different occasions.
Discussion ensued regarding the process. Council decided to vote
on all three nominees following public comments.
Ron Everett said he respected the Council's willingness to serve
upon their appropriate election by a majority of the voters to
represent the citizens. He appealed to all Council Members to make
a selection of one candidate for the full term to November 2007. He
was concerned that this not be belabored at the cost of an
additional election and said that his position was based on a
representative form of government that was rooted in a democratic
and republican form of government as to the Council's right to take
appointment action as outlined in Item 8.1 (a). The Council has
excellent nominees from which to choose. With respect to Item
8.1(b) there is a thoughtful proven rhythm of continuity and balance
of electing three Council Members and then two in alternating
elections and there is no good reason to change that process to a
shorten term that would result in an impending election of four of
the five Council Members. To appoint someone tonight for only 11
months would deprive that person of an adequate learning curve
and productive service to the community. He said he would
appreciate it if the Council Members would set aside personal
interests and make its selection tonight in the best interest of the
City as he outlined so that the government could move forward to
work on its fiscal and economic concerns.
Eileen Ansari applauded the Council on its selection process. She
felt that it was important for the Council to select the best candidate
for the City and the individual who would work for the betterment of
D.B. She wondered if the reason MPT/Herrera selected Joe
McManus was because his PAC gave her $8,000 for her Council
campaign in 2003? Could it be because the PAC spent another
$2,620.47 for literature and signs in support of MPT/Herrera's 2003
election? Could it be because MPT/Herrera received another $800
from the same PAC on February 5, 2004? She said it was amazing
to her that MPT/Herrera appointed Mr. McManus to the Planning
Commission in March 2004. The same PAC spent $2493.94 on
literature against Jack Tanaka and $2493.94 on literature against
Tony Torng. She also noticed that in case Mr. Zirbes decided to
throw his support to Joe McManus that he also received $6,500
from the same PAC in 2003 and Mr. Zirbes wasn't even running for
DECEMBER 14, 2004 PAGE 5 CITY COUNCIL
election. She would appreciate it if someone would explain to the
residents how Mrs. Herrera's selection is not, in fact, cronyism; or
that she has been "bought." It seems to her that MPT/Herrera
selected the best candidate for herself rather than the candidate
that would best serve the community. Mr. McManus has not been
involved with the Chamber for many years and is not now a
member. So when you select think carefully, and get beyond the
divisiveness. She said that in her opinion, Mr. McManus was a
divisive
force for this community, and surely one of the other 15 candidates
would have been a better candidate.
Mary Matson felt there was only one candidate that had the
qualifications to fill the position of Council Member - Jack Tanaka.
Jack is a dedicated and very respected individual within the
community and is the only candidate that ran in the last election.
This alone proves that his only interest is in serving the people of
D.B. as a Council Member. Jack is the only candidate who has the
time and the energy to perform all of the functions of a
Councilperson. Jack has no agenda other than to be a good
Councilperson and represent the City with integrity and honesty.
Jack's interests include attending all Council meetings on a regular
basis, appointment of a Planning Commissioner, being involved in
many volunteer organizations within the community and others too
numerous to mention. Jack was also honored as Volunteer of the
Year for the City of D.B. Jack is retired and has the time and the
dedication to devote his full attention to the City, to the Council and
to the citizens of D.B. Jack cannot be bought by special interest
groups that do business or want to do business within the City. Jack
is not self-serving; he is an individual who wants to serve all of the
residents with equality and fairness. Jack's honesty and integrity
are above reproach. You will never find a more honest and decent
person than Jack. She urged the Council Members to vote for the
most qualified individual and showed the most interest in running
for office and serving the community.
Wanda Tanaka stated that since Jack (Tanaka) retired three years
ago community service has become their life. When Jack decided
to run for City Council he felt it was time to give back even more to
the community. When Jack was told not to run in the election of
2003 and was threatened he decided then for sure he was going to
run for the position on the Council. That started months of hard
work. She and Jack work as a team. When friends offered to help
they accepted. People they did not know came to help and it was
heartwarming to receive so much help. Teamwork is so important.
We teach our kids in the Leo Club at D.B.H.S. and Chaparral
Middle School leadership and community service and to give back
to their community. When running for office kids say, "may the best
DECEMBER 14, 2004 PAGE 6 CITY COUNCIL
man win." After election no one is angry or has bad feelings at
persons who ran against them. This is part of the democratic
process — we all have a choice. The Council wants a businessman
in this position and who could be better than Jack. There are 47
businesses in D.B. that support Jack and 144 friends who signed
indicating their support in less than one week. Jack is persistent. He
took the time to go out into the community to add to his resume.
She read from a letter written by one of his Leo Club students. If the
Council had any questions on how to work as a team they should
visit the club to see the kids in action because they work as one
team for the betterment of their club and their community. Jack
has shown his special qualities in working with the community and
students. Jack has a lot of patience. He was a youth counselor, a
parole agent, a medic and now a community volunteer. She would
rather have the $50,000 for election go toward a swimming pool for
the swim team at D.B.H.S. or maybe someday at Diamond Ranch
or the YMCA or to improve the current library. She hoped that the
Council would consider Jack Tanaka, a very good person who has
only the best interest of the City in his heart and who wants to be on
the team.
Jerry Hamilton said that the average voter is not represented in this
room. He does not want to pay $50,000 for a special election and
also did not want to see anyone appointed over 11 months because
he wanted voters to have the opportunity to select their Council
Member.
Marie Buckland would like to have Council do the right thing and
select Jack Tanaka. Mr. Tanaka gives back to his community from
his heart; he does not have an agenda and works for the good of
the City. If you cannot support Jack Tanaka this matter should go to
public election. She spoke about this when Mr. Huff was running for
two offices and the two Council Members who supported Mr. Huff
remaining on the Council did not mind spending $50,000 for an
election.
Dr. James Price said he had known Jack and Wanda Tanaka for
the past five years; and even though Jack was not a member of his
church, the 500 members knew and loved Jack Tanaka. Jack
participates in all sorts of activities at the church and he and Wanda
are family to the parishioners because of their ability to work as a
team and get along with the members of the church. We have been
witness to what Jack and Wanda have done for D.B., the Lions
Club and for young men and women. He felt that the Council could
not select a better member to represent D.B. because he was
honest, was committed to the community, was completely honest
and could adequately represent all elements of the community.
Without reservation he would recommend Jack Tanaka for
DECEMBER 14, 2004 PAGE 7 CITY COUNCIL
appointment to the City Council.
Tony Torng stated that he was the highest vote getter at last year's
election and Jack Tanaka got nearly as many votes as he. Both he
and Jack volunteer for the City and the reason he did not choose to
run for the vacancy was because Jack was retired and worked very
hard on behalf of the City. He said he strongly supported Jack
Tanaka for the position. D.B. should save the special election
money and support the strongest candidate, Jack Tanaka.
Chuck Martin spoke about the City having two well-qualified
candidates. Council Members are elected for their wisdom and for
decisions they make on behalf of all of the residents. No one wants
to pay for a special election but it may be the fairest way to resolve
this matter. Jack Tanaka would be a wonderful asset to the City and
so would Joe McManus. For a quarter century Joe McManus has
breathed this community. Regardless of what was said here tonight
Joe McManus is honest beyond reproach. He has offered his
knowledge and know-how to the Planning Commission and has
been very involved in this community in many areas and
organizations for many years. That Joe has had tireless energy to
help make D.B. the great and prestigious City that it is, is obvious to
all residents who know him. And he has always been a participant
and a very vocal person on issues that are critical to this community
over the years. There is no one who can dispute these facts except
people who do not really know him and who may have agendas of
their own. Jack Tanaka is a wonderful and honest man and so is
Joe McManus. The Council Members need to make the decision.
Citizens come to the City Council for their wisdom to make
decisions on behalf of the residents. We ask for your wisdom
tonight. Please do not forget Joe McManus. Joe McManus is
qualified, Joe McManus is credible and Joe McManus is the man
for the position on City Council.
Paul Akin agreed that the Council had a tough decision and needed
to make a choice. This was an unusual situation and the Council
could continue with just four people for the sake of majority rule.
From what he knows about the candidates they are all worthy of
serving. It appears that one has more interest than the others
because he recently ran for election and did very well. For that, he
should receive high marks. He asked the Council to make a
decision and save the City $50,000 for a special election. He
challenged the Council Members to do what was best for the City
and elect the best candidate to serve the remaining term of the
vacancy.
DECEMBER 14, 2004 PAGE 8
CITY COUNCIL
David O'Connor asked the Council to consider an appointment for
the short term. In the normal course of business the next Council
election would be in November 2005 and he felt whoever was
appointed tonight should be appointed for the term expiring in
November 2005 to give the community an opportunity to elect a
person of their choice for the two year balance of term for normal
rotation.
Kevin Lacey disagreed with the gentleman who felt this was a tough
decision for the Council. He felt there were examples provided by
interested citizens that represented their views as well as views of
many other citizens in the City. These speakers made a very
compelling case about the quality, integrity and leadership of Jack
Tanaka. He believed that Mr. Tanaka was the best of the three
candidates and hoped that the Council Members could recognize in
a
very objective way that his candidacy was very strong. Mr. Torng's
comments about the amount of votes he and Mr. Tanaka received
in the last election and that Mr. Torng had thrown his support to Mr.
Tanaka bore weight in this matter.
Rita Myer spoke in support of Jack Tanaka. She felt that Jack
would represent the City and the Council well. He is supportive of
the residents and the City. She believed that if Jack saw someone
in need he would offer him the shirt off of his back if they needed it.
M/Chang closed public comments and called for the vote:
The following Roll Call vote was taken.
C/O'Connor:
Jack Tanaka
C/Zirbes:
Dan Nolan
MPT/Herrera:
Joe McManus
M/Chang:
Jack Tanaka
Council concurred to eliminate either Joe McManus or Dan Nolan
as a
candidate for consideration.
C/Zirbes nominated Dan Nolan. MPT/Herrera nominated Joe
McManus. There were no other nominations offered. The following
Roll Call vote was taken:
C/O'Connor:
Dan Nolan
C/Zirbes:
Dan Nolan
MPT/Herrera:
Dan Nolan
M/Chang:
Joe McManus
DECEMBER 14, 2004 PAGE 9 CITY COUNCIL
M/Chang called for a vote between candidates Dan Nolan and Jack
Tanaka.
The following Roll Call vote was taken:
C/O'Connor:
Jack Tanaka
C/Zirbes:
Dan Nolan
MPT/Herrera:
Dan Nolan
M/Chang:
Jack Tanaka
CA/Jenkins suggested that M/Chang ask his colleagues whether
any Council Member was prepared to change their vote so as to
warrant another vote or if they were prepared to throw another
name up for nomination. If Council Members were not prepared to
do either of those things this item could be continued to the regular
meeting of January 4, 2005 for further consideration to determine
whether the City must call for a special election.
C/Zirbes wanted to try another vote. He spoke about Dan Nolan.
C/Zirbes said that he takes this process very seriously. Each
Council Member knew that Bob Huff was running for State
Assembly at the same time he was running for City Council. This
fact was also very well known in the community. There were 16
excellent candidates who applied for the position and other
excellent candidates in the community who did not apply. Just as in
the last election certain people chose not to run. This community is
full of excellent people. The 16 candidates brought a lot of
similarities including a true love for the community of D.B. He said
he struggled through the rating process and many candidates
surprisingly rated high on his list. However, he was trying to be fair
and balanced in the selection process. Dan Nolan is a gentleman
that he has known for many, many years and is currently the
Chairman of the Planning Commission. Dan Nolan is a former
Chairman of the Parks & Recreation Commission. He has known
Dan Nolan to be a very community service-oriented person who
works with the D.B. Improvement Association, helps with Paint the
Town, Miss D.B. Pageant and others. He is involved in booster
clubs and the YMCA membership drive. Dan and Kathy Nolan have
lived in D.B. for many, many years and raised their two daughters in
this community. Dan is very involved in this City. What he likes
about Dan Nolan is his honesty, his integrity and his neutrality. He
is known to the City Council Members and supported each
candidate that currently sits on the Council. Dan Nolan is a known
entity in this community who has strong backing. Dan Nolan also
has strong business development experience. One of the things
C/Zirbes set out to do when he was newly elected to the Council
was to work on getting a supermarket at the south end of town.
C/Zirbes is a recruiter and businessperson and he knows how to do
DECEMBER 14, 2004 PAGE 10 CITY COUNCIL
these things. And in order to do these things you must have
contacts. The person he turned to was Dan Nolan. Dan is the Vice
President of Sales and Marketing for a very well known company
representing products that people at this meeting tonight probably
have in your homes right now. Dan is responsible for the western
regional territory and business development revenues of more than
a quarter billion dollars a year. Dan Nolan also understands big
budgets. Dan Nolan has a personal budget responsibility for his
marketing budget that is over $24 million annually. Dan Nolan is
someone who understands the fiscal policy that the City needs to
continue the conservative approach that D.B. City Council's have
historically taken. Outside of this appointment process, the Council
has heard this evening. This talked about whether there is a future
for D.B. Economic development is a serious, serious issue for this
City. Dan Nolan does economic development and knows economic
development — he speaks the language of the major retailers, the
people we need and want in D.B. Dan Nolan would give this City a
leg up on the goals this City in trying to preserve the financial
integrity of this community. Dan Nolan would work in accord
with every member of this Council. The other candidates presented
this evening as well as the other 13 candidates were great. There
are other candidates that he would consider talking about but this
evening. C/Zirbes truly believed that the person for today (whether
it was for 11 months or for the balance of Mr. Huff's term) to help
this Council with its current goals and objectives who cares about
this community, has put his hat into the ring, stood up and raised
his hand and said he would help, was Dan Nolan, Dan Nolan is his
nominee.
M/Chang gave reasons why he supported Jack Tanaka for the
Council position. Jack Tanaka and his wife single-handedly support
the Easter Egg Hunt. The Tanaka's support the Lions Club and
people in need. Mr. Tanaka has served in the military and as a
parole officer as a role model for people in trouble. For 25-30 years
his track record shows his commitment and leadership. He is a role
model for the Leo Club members. His participation in community
activities and the Chamber activities is overwhelming. In fact, Mr.
Tanaka probably attended more activities than some of the Council
Members. Mr. Tanaka is always present because he is passionate
in his love for this community. Mr. Tanaka understands government
affairs and policies, codes and regulations. He understands local
business and has been endorsed by many of the local stores and
businesses. He participates in the Friends of the Library, the Library
Task Force and the Sports Task Force. He would not drop the ball
and he would carry through and get the job done. He is humble and
willing to listen and respects everyone's opinion. At the same time,
he is an independent thinker and would not be influenced by special
interest. He has no personal agenda and is for the best interest of
DECEMBER 14, 2004 PAGE 11 CITY COUNCIL
the community. Above all, he has shown an interest in serving the
community by joining a very tough campaign last year and was
validated by more than 1,800 voters, a great achievement. He felt
that the Council should give him a chance to serve the community
and nominated Jack Tanaka to serve on the City Council.
C/O'Connor said she knew Dan Nolan and recommended him to
Mr. Huff as a replacement on the Parks & Recreation Commission.
It has been intimated that MPT/Herrera would have a difficult time
voting for Jack Tanaka because they were opponents in the last
election. All City Council Members ran against incumbents. If
people want to serve on the City Council they should run for
election. Mr. Zirbes ran three years ago against C/O'Connor and
M/Chang. All City Council Members serve because they beat
incumbents in the election process. In spite of personality clashes
this Council is able to work together for the betterment of the City,
and she asked MPT/Herrera to consider that Jack Tanaka had the
courage to run for office and had the support of more than 1800
residents who voted for him. Mr. Nolan is a wonderful person who
has not run for City Council. This Council has no idea how much
support Mr. Nolan has from the community.
During an August study session MPT/Herrera said that if there were
candidates who were interested in being on the City Council, they
should attend City Council meetings. She was not sure she had
seen Mr. Nolan at many of the City Council meetings. Jack Tanaka
had attended City Council meetings since prior to the election. He
cares about the community. Mr. Zirbes spoke highly of Mr. Nolan's
business sense and how that could help the City in its pursuit of
economic development. Jack Tanaka is a member of the Chamber,
and he attends almost all mixers and business meetings. In
addition, his application contains signatures representing the
support of 45 businesses in D.B. He worked at the Snowfest last
weekend raising money for the Lions. She asked her fellow Council
Members to select Jack Tanaka, an individual who had the courage
to run for office.
MPT/Herrera asked Mrs. O'Connor not to tell her how she felt about
certain individuals and what her opinion of them was about being a
part of the team. Mrs. O'Connor made the statement that Mr.
Tanaka had the courage to run. There were many candidates in the
last election. One candidate in particular had run in every City
Council election since 1989 and she wondered if that was a good
basis for considering someone as a new "teammate." Certainly Mr.
Tanaka is a popular person within the community as is evidenced
by the individuals sitting in front of the Council tonight extolling his
virtues and urging the Council's support on his behalf. Council
Members are charged with making good business decisions for the
City of D.B. and not to bring people onto the Council based on
DECEMBER 14, 2004 PAGE 12 CITY COUNCIL
popularity. Council Members need to assess very carefully all of the
qualities of individuals who are under consideration and as some
people have indicated, make the best decision for the community.
She said she was prepared to do just that.
M/Chang called for the vote:
C/O'Connor:
Jack Tanaka
C/Zirbes:
Dan Nolan
MPT/Herrera:
Dan Nolan
M/Chang:
Jack Tanaka
C/Zirbes recommended the Council reflect on this matter during the
holidays, reconsider the other 14 candidates and discuss the matter
on January 4, 2005.
CM/Lowry responded to M/Chang that the last date to call for a
special election would be January 5, 2005.
MPT/Herrera moved C/Zirbes seconded to continue Item 8.1 in its
entirety to January 4, 2005. Without objection, the motion was so
ordered.
(b) SELECTION OF TERM OF APPOINTEE — Council will, at its
discretion, include consideration of the appointee's term.
(c ) CALL FOR ELECTION — The Council may opt to call for a
special election or continue the matter to the January 4, 2005
meeting for further action.
8.2 REORGANIZATION OF MAYOR PRO TEM POSITION.
MPT/Herrera nominated C/Zirbes.
M/Chang nominated C/O'Connor.
There were no other nominations offered.
Jerry Hamilton suggested that the Council wait until the 5t" Council
Member was selected to reorganize the Mayor Pro Tem position.
Eileen Ansari said the Council should give every Council Member
an opportunity to be Mayor Pro Tem and Mayor, that the Council
should set aside its bitterness and anger and do what was best for
the City and nominate Debby O'Connor as Mayor Pro Tem. Other
Councils do not necessarily agree in total but they do allow every
Council Member a rotation.
Roger Meyer agreed with Eileen Ansari that there should be a
DECEMBER 14, 2004 PAGE 13
rotation for each Council Member.
CITY COUNCIL
Marie Buckland attended the Walnut City Council meeting when the
Mayor gave up his seat to allow someone else to serve. The venom
from this Council is shameful. Debby O'Connor was supported by a
large number of community members and in all fairness she should
have an opportunity to serve as well.
M/Chang closed public comments.
C/Zirbes stated that C/O'Connor has previously been Mayor Pro
Tem; however, he has not. The title is not important, what is
important to him is the work that the Council does. He therefore,
respectfully asked Mrs. Herrera to withdraw his name from
consideration.
M/Chang thanked C/Zirbes for his cooperation and that it is a great
to show unification.
C/Herrera stated that C/Zirbes was very generous with his
comments and therefore withdrew her nomination of his name.
M/Chang called for the question.
CA/Jenkins stated that since there is one, Council can vote yea or
nay as the name is called.
The following Roll Call vote was taken.
C/O'Connor:
O'Connor
C/Zirbes:
Yes
MPT/Herrera:
Yes
M/Chang:
O'Connor
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Zirbes thanked everyone for coming out this evening. He said that the
appointment process is difficult for all Council Members. The two finalists
are extremely fine gentlemen. The Council has discussed this matter for
several months and each Council Member said he/she would keep an
open mind and he hoped that the Council would ultimately debate the
merits of these finalists and other candidates on the issues. He wished
everyone a very merry and joyous holiday season and prosperity and
good health in the New Year.
C/Herrera said this had been
an interesting
meeting.
Unfortunately the
Council was unable to select a
new Council
Member.
Mrs. Ansari made
personal attacks on her this
evening and
violated
the standards of
DECEMBER 14, 2004 PAGE 14 CITY COUNCIL
behavior of the City Council meeting wherein members of the audience do
not attack members of the Council. She responded to one statement. Mrs.
Ansari besmirched her reputation. She was supported by several political
action committees, one being a political action committee for the Sheriff's
Department and she was proud to have received their endorsement and
money. That did not mean that she was in the pocket of the Los Angeles
County Sheriff's Department; it meant that they recognized her worthiness
as a Council Member and valued her work and wanted to have her remain
on the Council. Tomorrow she will attend a SCAG meeting during which
she will challenge the report and letter to State Secretary Sonny McPeak
suggesting that the SR 60 be designated the Truck Traffic Freeway and
make other suggestions. She will report back whether she was successful
in getting SCAG to divert its focus on the SR60 as the only solution to
truck traffic. She wished everyone a very happy holiday season.
MPT/O'Connor thanked the dozens of people who contacted her about the
last City Council meeting. She also thanked Congressman Gary Miller for
his call last Wednesday morning inquiring about her state of mind and
whether he could help. She felt that the issue was still not resolved but
was hopeful that the team would move forward and reflect on the issues at
hand. She did not want the City to go to a special election but she would
not forfeit her integrity in representing the community by not picking
someone who she felt would best represent the City and had the time to
devote to the City Council duties. She said she would take time to reflect
on the two remaining candidates and had hoped that this matter would be
over and done so that
she could wish everyone a very happy holiday.
M/Chang said that even though the Council could not agree on a
candidate to fill the City Council vacancy he appreciated the Council's
appointment of Mrs. O'Connor as Mayor Pro Tem. As this year's Mayor, it
is his job to help bring the community and Council together to move the
City in the right direction. There is no time to be divided. Through the
democratic system all differences can be voiced. He hoped after three
weeks of consideration that the Council could reach a consensus and
avoid a special election. He would prefer to appoint an individual for one-
year only and then have the people confirm or deny the appointment at the
next election. He reminded the audience that there would be no Council
meeting next week. The next meeting is scheduled for January 4, 2005.
Today the City honored the Sheriff's Department during a luncheon. He
wished everyone a safe and happy holiday and a prosperous 2005.
10. ADJOURNMENT: With no further business to conduct, M/Chang
adjourned the meeting at 8:30 p.m.
DECEMBER 14, 2004 PAGE 15 CITY COUNCIL
, 2004.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of
WEN CHANG, MAYOR
Agenda No. 6.1.3
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 14, 2004
CALL TO ORDER: Mayor Zirbes called the Rgular City Council meeting to
order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
PLEDGE OF ALLEGIANCE:
INVOCATION:
gave the invocation.
ROLL CALL:
Herrera and Mayor Chang.
MPT/Herrera led the Pledge of Allegiance.
Dr. James Price, Diamond Canyon Christian Church
Council Members O'Connor, Zirbes, Mayor Pro Tem
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney, James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager and
acting City Clerk; David Liu, Director of Pub lic Works; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; April Blakey, Public Information Manager.
APPROVAL OF AGENDA: As Presented.
CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
PUBLIC COMMENTS: Jerry Hamilton said that unless young residents
learned to speak up they would not have a fu ture in D.B. The citizens rejected
redevelopment and the City is falling behind its neighbors in redevelopment and
economic development. Residents say they do not want a big box store and yet
many hold credit cards for these types of stores. D.B. needs to bring back a
Redevelopment Plan for reconsideration. Redevelopment is breathing life back into
deteriorating shopping centers in other cities and the same could hold true for D.B.
Older long-time residents of D.B. hate to see the changes but D.B. cannot function
without them. People who do not want a bypass road because they are concerned
about protecting animal species are hurting thecitizens and D.B.'s future. Whoever
the Council picks to fill the vacancy it should be someone who will protect the
residents of D.B.
RESPONSE TO PUBLIC COMMENTS: M/Chang felt Mr. Hamilton's
comments were well taken. He said that this Council has worked diligently and
aggressively with respect to economic development for the City. This Council
regrets the loss of the Redevelopment Plan but has not given up the fight. D.B.
cannot afford to be left behind when it comes to expanding its economic
development opportunities.
DECEMBER 14, 2004 PAGE 2 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 D.B. COMMUNITY FOUNDATION MEETING- December 16, 2004 - 7:00
p.m., AQMD/Government Center Room CC -8, 21865 Copley Dr.
5.2 CHRISTMAS HOLIDAY OBSERVANCE - City Offices will be closed
December 23 and December 24, 2004. Offices will reopen Monday,
December 27, 2004.
5.3 NEW YEAR'S DAY OBSERVANCE - City Offices will be closed, Friday,
December 31, 2004. Offices will reopen Monday, January 3, 2005.
5.4 CITY COUNCIL MEETING - January 4, 2005 - 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.5 PLANNING COMMISSION MEETING - January 11, 2005 - 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.6 STATE OFTHE CITY -January 13, 2005 -7:00 a.m., D.B. Center, 1600 S.
Grand Ave.
5.7 TRAFFIC AND TRANSPORTATION COMMISSION - January 13, 2004 -
7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley
Dr.
6. CONSENT CALENDAR: C/Zirbes moved, MPT/Herrera seconded to
approve the Consent Calendar as presented. Motion carried by the following Roll
Call vote with C/O'Connor voting "NO" on Item 6.4:
AYES: COUNCIL MEMBERS: O'Connor, Zirbes, MPT/Herrera, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES - Special Meeting of December 1, 2004 -
Approved as submitted.
6.2 CHECK REGISTER - Ratified Check Register dated December 9, 2004 in
the amount of $297,887.70.
6.3 REJECTED CLAIM - Filed by Mike and Susan Guzman on December 2,
2004.
6.4 SECOND READING AND ADOPTION OF ORDINANCE NO. 09(2004)
AMENDING SECTION 3.28.060 OF THE DIAMOND BAR MUNICIPAL
CODE ELIMINATING REFERENCE TO THE FINANCE COMMITTEE AND
OTHER COMMITTEES STATE THEREIN.
DECEMBER 14, 2004 PAGE 3 CITY COUNCIL
6.5 ADOPTED RESOLUTION NO. 2004-64; AUTHORIZING TERMINATION OF
THE CONFIRMING LETTER OF CREDIT AND EXECUTION AND
DELIVERY OF AN AMENDMENT TO THE REIMBURSEMENT
AGREEMENT PERTAINING TO THE CITY OF DIAMOND BAR PUBLIC
FINANCING AUTHORITY VARIABLE RATE LEASE REVENUE BONDS,
2002 SERIES A (COMMUNITY/SEN IOR CENTER PROJECT); AND
AUTHORIZED CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH.
6.6 ADOPTED RESOLUTION NO. 2004-65; ESTABLISHING SALARY RANGES
FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE THE PAY PERIOD
COMMENCING DECEMBER 26, 2004; RESCINDING RESOLUTION NO.
2004-61 IN ITS ENTIRETY.
6.7 APPROVED CONTRACT AMENDMENT NO. 6 TO EXTEND CITYWIDE
LANDSCAPE MAINTENANCE CONTRACT WITH TRUGREEN LANDCARE
FOR ONE YEAR JANUARY 1, 2005 THROUGH DECEMBER 31, 2005 IN
THE AMOUNT OF $315,564; PLUS APPROPRIATION OF $36,000 FROM
LLAD #39 RESERVES FOR CONTRACT COSTS RELATED TO LLAD #39
AND APPROPRIATION OF $15,000 FROM GENERAL FUND RESERVES
FOR CONTRACT COSTS RELATED TO CITY PARKS.
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8.1 (a) SELECTION OF COUNCIL APPOINTEE — Individual Council
Members submitted their nominees as follows: Jack Tanaka, Joe McManus
and Dan Nolan. Counc it will discuss and consider these nominations and any
other candidates atits discretion.
MPT/Herrera recommended that the Council follow the order outlined in
tonight's agenda. Council concurred.
MPT/Herrera nominated Joe McManus, an individual who has owned an
operated a business within the City of D.B. for 26 years, been a resident of
the City for 26 years, has run for public office on two different occasions and
obtained over 3000 votes from the citizens of D.B. In the middle `80's he ran
for Municipal Advisory Council and in 1990 he ran for a position on the
Walnut Valley Water Board. He is a past president of the Walnut Valley
Rotary, a member of the Walnut Valley Chamber of Commerce, past board
member of the D.B. Chamber of Commerce, fundraising chairman for the
YMCA and was on the board of the D.B. Improvement Association for many
years. He was also one of the foundi ng members of the Walnut Sheriffs
Station Boosters. For 26 years this individual has consistently contributed to
the community, plus has obtained the confidence of many residents in the
community that voted for him on two different occasions.
DECEMBER 14, 2004 PAGE 4 CITY COUNCIL
Discussion ensued regarding the process. Council decided to vote on all
three nominees following public comments.
Ron Everett said he respected the Council's willingness to serve upon their
appropriate election by a majority of the voters to represent the citizens. He
appealed to all Council Members to make a selection ofone candidate forthe
full term to November 2007. Hewas concerned that this not bebelabored at
the cost of an additional election and said that his position was based on a
representative form of government that was rooted in a democratic and
republican form of government as to the Council's right to take appointment
action as outlined in Item 8.1 (a). The Council has excellent nominees from
which to choose. With respect to Item 8.1(b) there is a thoughtful proven
rhythm ofcontinuity and balance of electing three Council Members and then
two in alternating elections and there is no good reason to change that
process to a shorten term that would resu Itin an impending election offour of
the five Council Members. To appoint someone tonight for only 11 months
would deprive that person of an adequate learning curve and productive
service to the community. He said he would appreciate it if the Council
Members would set aside personal interests and make its selection tonight in
the best interest of the City as he outlined so that the government could
move forward to work on its fiscal and economic concerns.
Eileen Ansari applauded the Council on its selection process. She felt that it
was important for the Council to select the best candidate for the City and the
individual who would work for the betterment of D.B. She wondered if the
reason MPT/Herrera selected Joe McManus was because his PAC gave her
$8,000 for her Council campaign in 2003? Could it be because the PAC
spent another $2,620.47 for literature and signs in support of MPT/Herrera's
2003 election? Could itbe because MPT/Herrera received another $800 from
the same PAC on February 5, 2004? She said it was amazing to her that
MPT/Herrera appointed Mr. McManus to the Planning Commission in March
2004. The same PAC spent $2493.94 on literature against Jack Tanaka and
$2493.94 on literature against Tony Torng. She also noticed that in case Mr.
Zirbes decided to throw his support to Joe McManus that he also received
$6,500 from the same PAC in 2003 and Mr. Zirbes wasn't even running for
election. She would appreciate it if someone would explain to the residents
how Mrs. Herrera's selection is not, in fact, cronyism; or that she has been
"bought." It seems to her that MPT/Herre ra selected the best candidate for
herself rather than the candidate that would best serve the community. Mr.
McManus has not been involved with the Chamber for manyyears and isnot
now a member. So when you select think carefully, and get beyond the
divisiveness. She said that in her opinion, Mr. McManus was a divisive force
for this community, and surely one of the other 15 candidates would have
been a better candidate.
Mary Matson felt there was only one candidate that had the qualifications to
fill the position of Council Member - Jack Tanaka. Jack is a dedicated and
very respected individual within the community and isthe only candidate that
DECEMBER 14, 2004 PAGE 5 CITY COUNCIL
ran in the last election. Th is alone proves that his only interest is in serving
the people of D.B. as Council Member. Jack is the only candidate who has
the time and the energy to perform all of the functions of a Councilperson.
Jack has no agenda other than to be a good Councilperson and represent
the City with integrity and honesty. Jack's interests include attending all
Council meetings on a regular basis, appointment of a Planning
Commissioner, being involved in many volunteer organizations within the
community and others too numerous to mention. Jack was also honored as
Volunteer ofthe Year for the City of D. B. Jack is retired and has the time and
the dedication to devote hisfull attention tothe City, tothe Council and tothe
citizens of D.B. Jack cannot be bought by special interest groups that do
business orwant to do business within the City. Jack isnot self-serving; heis
an individual who wants to serve all of the residents with equality and
fairness. Jack's honesty and integrity areabove reproach. You will never find
a more honest and decent person than Jack. She urged the Council
Members to vote for the most qualified individual and showed the most
interest in running for office and serving the community.
Wanda Tanaka stated that since Jack (Tanaka) retired three years ago
community service has become their life. When Jack decided to run for City
Council he felt itwas time to give back even more to the community. When
Jack was told not to run in the election of 2003 and was threatened he
decided then for sure he was going to run for the position on the Council.
That started months of hard work. She and Jack work as a team. When
friends offered to help they accepted. People they did not know came to help
and itwas heartwarming to receive so much help. Teamwork is so important.
We teach our kids in the Leo Club at D.B.H.S. and Chaparral Middle School
leadership and community service and to give back to their community.
When running for office kids say, "may the best man win." After election no
one is angry or has bad feelings at persons who ran against them. This is
part of the democratic process —we all have a choice. The Council wants a
businessman in this position and who could bebetter than Jack. There are 47
businesses in D.B. that support Jack and 144 friends who signed indicating
their support in less than one week. Jack is persistent. Hetook the time to go
out into the community to add to his resume. She read from a letter written by
one of his Leo Club students. If the Council had any questions on how to
work as a team they should visitthe club to see the kids in action because
they work as one team for the betterm ent of their club and their community.
Jack has shown his special qualities in working with the community and
students. Jack has a lot of patience. He was a youth counselor, a parole
agent, a medic and now a community volunteer. She would rather have the
$50,000 for election go toward a swimming pool for the swim team at
D.B.H.S. or maybe someday at Diamond Ranch ortheYMCA orto improve
the current library. She hoped that the Council would consider Jack Tanaka,
a very good person who has only the best interest ofthe City in his heart and
who wants to be on the team.
Jerry Hamilton said that the average voter is not represented in this room. He
DECEMBER 14, 2004 PAGE 6 CITY COUNCIL
does not want to pay $50,000 for a specia I election and also did not want to
see anyone appointed over 11 months because hewanted voters to have the
opportunity to select their Council Member.
Marie Buckland would like to have Council do the right thing and select Jack
Tanaka. Mr. Tanaka gives back to his community from his heart; helloes not
have an agenda and works for the good of the City. If you cannot support
Jack Tanaka this matter should go to pub Iic election. She spoke about this
when Mr. Huff was running for two offices and the two Council Members who
supported Mr. Huff remaining on the Council did not mind spending $50,000
for an election.
Dr. James Price said hehad known Jack and Wanda Tanaka for the past five
years; and even though Jack was not a member of his church, the 500
members knew and loved Jack Tanaka. Jack participates in all sorts of
activities at the church and he and Wanda are family to the parishioners
because oftheir abilitytowork asa team and get along withthe members of
the church. Wehave been witness to what Jack and Wanda have done for
D.B., the Lions Club and for young men and women. Hefelt that the Council
could not select a better member to represent D.B. because he was honest,
was committed to the community, was completely honest and could
adequately represent all elements ofthe community. Without reservation he
would recommend Jack Tanaka for appointment to the City Council.
Tony Torng stated that he was the highest vote getter at last year's election
and Jack Tanaka got nearly as many votes as he. Both he and Jack
volunteer forthe City and thereason hedid not choose to run forthe vacancy
was because Jack was retired and worked veryhard on behalf ofthe City. He
said he strongly supported Jack Tanaka for the position. D.B. should save
the special election money and support the strongest candidate, Jack
Tanaka.
Chuck Martin spoke about the City having two well-qualified candidates.
Council Members are elected for their wisdom and for decisions they make
on behalf of all of the residents. No one wants to pay for a special election
but it may be the fairest way to reso Ive this matter. Jack Tanaka would be a
wonderful asset to the City and so would Joe McManus. For a quarter
century Joe McManus has breathed this community. Regardless ofwhat was
said here tonight Joe McManus is honest beyond reproach. He has offered
his knowledge and know-how to the Planning Commission and has been very
involved in this community in many areas and organizations for many years.
That Joe has had tireless energy to help make D.B. the great and prestigious
City that it is, is obvious to all residents who know him. And he has always
been a participant and a very vocal person on issues that are critical to this
community over the years. There is no one who can dispute these facts
except people who do not really know him and who may have agendas of
their own. Jack Tanaka is a wonderful and honest man and so is Joe
McManus. The Council Members need to make the decision. Citizens
DECEMBER 14, 2004 PAGE 7 CITY COUNCIL
come to the City Council for their wisdom to make decisions on behalf ofthe
residents. We ask for your wisdom tonight. Please do not forget Joe
McManus. Joe McManus is qualified, Joe McManus is credible and Joe
McManus is the man for the position on City Council.
Paul Akin agreed that the Council had a tough decision and needed to make
a choice. This was an unusual situation and the Council could continue with
just four people for the sake of majority rule. From what he knows about the
candidates they are all worthy of serving. It appears that one has more
interest than the others because he recently ran for election and did very
well. For that, heshould receive high marks. Heasked the Council to make a
decision and save the City $50,000 for a special election. Hechallenged the
Council Members to do what was best for the City and elect the best
candidate to serve the remaining term of the vacancy.
David O'Connor asked the Council to consider an appointment for the short
term. In the normal course of business the next Council election would be in
November 2005 and he felt whoever was appointed tonight should be
appointed for the term expiring in November 2005 to give the community an
opportunity to elect a person of their choice for the two year balance of term
for normal rotation.
Kevin Lacey disagreed with the gentleman who felt this was a tough decision
for the Council. He felt there were examples provided by interested citizens
that represented their views as well as views of many other citizens in the
City. These speakers made a very compelling case about the quality, integrity
and leadership of Jack Tanaka. Hebelieved that Mr. Tanaka was the best of
the three candidates and hoped that the Council Members could recognize in
a very objective way that his candidacy was very strong. Mr. Tonng's
comments about the amount ofvotes he and Mr.Tanaka received inthe last
election and that Mr. Torng had thrown his support to Mr. Tanaka bore weight
in this matter.
Rita Myer spoke in support of Jack Tanaka. She felt that Jack would
represent the City and the Council well. Heis supportive ofthe residents and
the City. She believed that if Jack saw someone in need hewould offer him
the shirt off of his back if they needed it.
M/Chang closed public comments and called for the vote:
The following Roll Call vote was taken.
C/O'Connor: Jack Tanaka
C/Zirbes: Dan Nolan
MPT/Herrera: Joe McManus
M/Chang: Jack Tanaka
DECEMBER 14, 2004 PAGE 8 CITY COUNCIL
Council concurred to eliminate either Joe McManus or Dan Nolan as a
candidate for consideration.
C/Zirbes nominated Dan Nolan. MPT/Herrera nominated Joe McManus.
There were no other nominations offered. The following Roll Call vote was
to ken:
C/O'Connor: Dan Nolan
C/Zirbes: Dan Nolan
MPT/Herrera: Dan Nolan
M/Chang: Joe McManus
M/Chang called for a vote between candidates Dan Nolan and Jack Tanaka.
The following Roll Call vote was taken:
C/O'Connor: Jack Tanaka
C/Zirbes: Dan Nolan
MPT/Herrera: Dan Nolan
M/Chang: Jack Tanaka
CA/Jenkins suggested that M/Chang ask his colleagues whether any Council
Member was prepared to change theirvote so as towarrant another vote orif
they were prepared to throw another name up for nomination. If Council
Members were not prepared to do either of those things this item could be
continued tothe regular meeting of January 4,2005 forfurther consideration
to determine whether the City must call for a special election.
C/Zirbes wanted to try another vote. He spoke about Dan Nolan. C/Zirbes
said that hetakes this process very seriously. Each Council Member knew
that Bob Huff was running for State Assembly at the same time he was
running for City Council. This fact was also very well known in the
community. There were 16 excellent candidates who applied for the position
and other excellent candidates in the community who did not apply. Just as in
the last election certain people chose not to run. This community is full of
excellent people. The 16 candi dates brought a lot of similarities including a
true love for the community of D.B. He said he struggled through the rating
process and many candidates surprisingl yrated high on his list. However, he
was trying to be fair and balanced in the selection process. Dan Nolan is a
gentleman that he has known for many, many years and is currently the
Chairman of the Planning Commission. Dan Nolan is former Chairman of
the Parks & Recreation Commission. He has known Dan Nolan to be a very
community service-oriented person who works with the D.B. Improvement
Association, helps with Paint the Town , Miss D.B. Pageant and others. He is
involved in booster clubs and the YMCA membership drive. Dan and Kathy
Nolan have lived in D.B. for many, many years and raised their two
daughters in this community. Dan is very involved in this City. What he likes
about Dan Nolan is his honesty, his integrity and his neutrality. He is known
to the City Council Members and supported each candidate that currently sits
DECEMBER 14, 2004 PAGE 9 CITY COUNCIL
on the Council. Dan Nolan is a known entity in this community who has
strong backing. Dan Nolan also has strong business development
experience. One of the things C/Zirbes set out to do when he was newly
elected to the Council was to work on getting a supermarket atthe south end
of town. C/Zirbes is recruiter and businessperson and he knows how to do
these things. And in order to do these things you must have contacts. The
person he turned to was Dan Nolan. Dan is the Vice President of Sales and
Marketing for a very well known company representing products that people
at this meeting tonight probably have in your homes right now. Dan is
responsible for the western regional territory and business development
revenues of more than a quarter billion dollars a year. Dan Nolan also
understands big budgets. Dan Nolan has a personal budget responsibility for
his marketing budget that is over $24 million annually. Dan Nolan is someone
who understands the fiscal policy that the City needs to continue the
conservative approach that D.B. City Council's have historically taken.
Outside of this appointment process, the Council has heard this evening.
This talked about whether there is a future for D.B. Economic development
is a serious, serious issue for this City. Dan Nolan does economic
development and knows economic developm ent—he speaks the language of
the major retailers, the people weneed and want in D.B. Dan Nolan would
give this City a leg up on the goals this City in trying to preserve the financial
integrity of this community. Dan Nolan would work in accord with every
member ofthis Council. The other candidates presented this evening as well
as the other 13 candidates were great. There are other candidates that he
would consider talking about but this evening. C/Zirbes truly believed that
the person for today (whether it was for 11 months or for the balance of Mr.
Huffs term) to help this Council with its current goals and objectives who
cares about this community, has put his hat into the ring, stood up and raised
his hand and said hewould help, was Dan Nolan, Dan Nolan is his nominee.
M/Chang gave reasons why he supported Jack Tanaka for the Council
position. Jack Tanaka and his wife single-handedly support the Easter Egg
Hunt. The Tanaka's support the Lions Club and people in need. Mr. Tanaka
has served in the military and asa parole officer asa role model for people in
trouble. For 25-30 years his track record shows his commitment and
leadership. Heis arole model fortheLeo Club members. His participation in
community activities and the Chamber activities is overwhel ming. In fact, Mr.
Tanaka probably attended more activities than some of the Council
Members. Mr. Tanaka is always present because heis passionate in his love
for this community. Mr. Tanaka understands government affairs and policies,
codes and regulations. He understands local business and has been
endorsed by many of the local stores and businesses. Heparticipates in the
Friends ofthe Library, the Library Task Force and the Sports Task Force. He
would not drop the ball and hewould carry through and get the job done. He
is humble and willing to listen and respects everyone's opinion. Atthe same
time, he is an independent thinker and would not be influenced by special
interest. He has no personal agenda and is for the best interest of the
DECEMBER 14, 2004 PAGE 10 CITY COUNCIL
community. Above all, hehas shown an interest in serving the community by
joining a very tough campaign last year and was validated by more than
1,800 voters, a great achievement. Hefe Itthat the Council should give him a
chance to serve the community and nom inated Jack Tanaka to serve on the
City Council.
C/O'Connor said she knew Dan Nolan and recommended him to Mr. Huff as
a replacement on the Parks & Recreati on Commission. Ithas been intimated
that MPT/Herrera would have a difficult time voting for Jack Tanaka because
they were opponents in the last election. All City Council Members ran
against incumbents. If people want to serve on the City Council they should
run for election. Mr. Zirbes ran three years ago against C/O'Connor and
M/Chang. All City Council Members serve because they beat incumbents in
the election process. In spite of personality clashes this Council is able to
work together for the betterment of the City, and she asked MPT/Herrera to
consider that Jack Tanaka had the courage to run for office and had the
support of more than 1800 residents who voted for him. Mr. Nolan is a
wonderful person who has not run for City Council. This Council has no idea
how much support Mr. Nolan has from the community. During an August
study session MPT/Herrera said that if there were candidates who were
interested in being on the City Council, they should attend City Council
meetings. She was not sure she had seen Mr. Nolan at many of the City
Council meetings. Jack Tanaka had attended City Council meetings since
prior to the election. He cares about the community. Mr. Zirbes spoke highly
of Mr. Nolan's business sense and how that could help the City in its pursuit
of economic development. Jack Tanaka isamember ofthe Chamber, and
he attends almost all mixers and business meetings. In addition, his
application contains signatures representing the support of45 businesses in
D.B. Heworked atthe Snowfest lastweekend raising money for the Lions.
She asked her fellow Council Members to select Jack Tanaka, an individual
who had the courage to run for office.
MPT/Herrera asked Mrs. O'Connor not to tell her how she felt about certain
individuals and what her opinion ofthem was about being a part ofthe team.
Mrs. O'Connor made the statement that Mr. Tanaka had the courage to run.
There were many candidates in the last election. One candidate in particular
had run in every City Council election since 1989 and she wondered if that
was a good basis for considering someone as a new "teammate." Certainly
Mr. Tanaka is a popular person within thecommunity as is evidenced bythe
individuals sitting in front ofthe Counc it tonight extolling hisvirtues and urging
the Council's support on his behalf. Council Members are charged with
making good business decisions for the City of D.B. and not to bring people
onto the Council based on popularity. Council Members need to assess very
carefully all ofthe qualities ofindividuals who are under consideration and as
some people have indicated, make the best decision for the community. She
said she was prepared to do just that.
M/Chang called for the vote
DECEMBER 14, 2004 PAGE 11 CITY COUNCIL
C/O'Connor: Jack Tanaka
C/Zirbes: Dan Nolan
MPT/Herrera: Dan Nolan
M/Chang: Jack Tanaka
C/Zirbes recommended the Council reflect on this matter during the holidays,
reconsider the other 14 candidates and discuss the matter on January 4,
2005.
CM/Lowry responded to M/Chang that the last date to call for a special
election would be January 5, 2005.
MPT/Herrera moved C/Zirbes seconded to continue Item 8.1 in its entirety to
January 4, 2005. Without objection, the motion was so ordered.
(b) SELECTION OF TERM OF APPOINTEE — Council will, at its
discretion, include considerat ion of the appointee's term.
(c ) CALL FOR ELECTION — The Council may opt to call for a special
election or continue the matter to the January 4, 2005 meeting for further
action.
8.2 REORGANIZATION OF MAYOR PRO TEM POSITION.
MPT/Herrera nominated C/Zirbes.
M/Chang nominated C/O'Connor.
There were no other nominations offered
Jerry Hamilton suggested that the Council wait until the 5th Council Member
was selected to reorganize the Mayor Pro Tem position.
Eileen Ansari said the Council should give every Council Member an
opportunity to be Mayor Pro Tem and Mayor, that the Council should set
aside its bitterness and anger and do what was best for the City and
nominate Debby O'Connor as Mayor Pro Tem. Other Councils do not
necessarily agree in total but they do a Ilowevery Council Member a rotation.
Roger Meyer agreed with Eileen Ansari that there should be a rotation for
each Council Member.
Marie Buckland attended the Walnut City Council meeting when the Mayor
gave up his seat to allow someone else to serve. The venom from this
Council is shameful. Debby O'Connor was supported by a large number of
community members and in all fairness she should have an opportunity to
serve as well.
DECEMBER 14, 2004 PAGE 12 CITY COUNCIL
M/Chang closed public comments
C/Zirbes stated that C/O'Connor has previously been Mayor Pro Tem;
however, hehas not. The title is not important, what is important to him is
the work that the Council does. Hether efore, respectfully asked Mrs. Herrera
to withdraw his name from consideration.
M/Chang thanked C/Zirbes for his cooperation and that it is a great to show
unification.
C/Herrera stated that C/Zirbes wa s very generous with his comments and
therefore withdrew her nomination of his name.
M/Chang called for the question.
CA/Jenkins stated that since there is one, Council can vote yea ornay asthe
name is called.
The following Roll Call vote was taken.
C/O'Connor: O'Connor
C/Zi rb es: Yes
MPT/Herrera: Yes
M/Chang: O'Connor
CKe1lLMIq&-il1-Z010]LVA LTA kl1=1 =E :3:1101:4�yL9161111lei 1MLVA :4kyi13=1LZK61kyiILVA =1Zk164
C/Zirbes thanked everyone for coming out this evening. He said that the
appointment process is difficult for all Council Members. The two finalists are
extremely fine gentlemen. The Council has discussed this matter for several months
and each Council Member said he/she would keep an open mind and hehoped that
the Council would ultimately debate the merits of these finalists and other
candidates on the issues. He wished everyone a very merry and joyous holiday
season and prosperity and good health in the New Year.
C/Herrera said this had been an interesting meeting. Unfortunately the Council was
unable to select a new Council Member. Mrs. Ansari made personal attacks on her
this evening and violated the standards of behavior of the City Council meeting
wherein members of the audience do not attack members of the Council. She
responded to one statement. Mrs. Ansari besmirched her reputation. She was
supported by several political action committees, one being a political action
committee for the Sheriffs Department and she was proud to have received their
endorsement and money. That did not mean that she was in the pocket of the Los
Angeles County Sheriffs Department; itmeant that they recognized her worthiness
as a Council Member and valued her work and wanted to have her remain on the
Council. Tomorrow she will attend a SCAG meeting during which she will challenge
the report and letter to State Secretary Sonny McPeak suggesting that the SR60 be
designated the Truck Traffic Freeway and make other suggestions. She will report
DECEMBER 14, 2004 PAGE 13 CITY COUNCIL
back whether she was successful in getting SCAG to divert itsfocus on the SR60 as
the only solution to truck traffic. She wished everyone a very happy holiday season.
MPT/O'Connor thanked the dozens of people who contacted her about the last City
Council meeting. She also thanked Congressman Gary Miller for his call last
Wednesday morning inquiring about her stateof mind and whether hecould help.
She felt that the issue was still not resolved but was hopeful that the team would
move forward and reflect on the issues at hand. She did not want the City to go to a
special election but she would not forfeit her integrity in representing the community
by not picking someone who she felt would best represent the City and had the time
to devote to the City Council duties. She said she would take time to reflect on the
two remaining candidates and had hoped that this matter would be over and done
so that she could wish everyone a very happy holiday.
M/Chang said that even though the Council could not agree on a candidate to fill the
City Council vacancy heappreciated the Council's appointment of Mrs. O'Connor as
Mayor Pro Tem. As this year's Mayor, it is his job to help bring the community and
Council together to move the City in the right direction. There is no time to be
divided. Through the democratic system all differences can be voiced. He hoped
after three weeks of consideration that the Council could reach a consensus and
avoid a special election. He would prefer to appoint an individual for one-year only
and then have the people confirm or deny the appointment at the next election. He
reminded the audience that there would be no Council meeting nextweek. The next
meeting is scheduled for January 4, 2005. Today the City honored the Sheriffs
Department during a luncheon. Hewished everyone a safe and happy holiday and a
prosperous 2005.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 8:30 p.m.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of 2004.
WEN CHANG, MAYOR
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
NOVEMBER 23, 2004
CALL TO ORDER:
Chairman Nolan called the meeting to order at 7:03 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond
Bar, California 91765.
PLEDGE OF ALLEGIANCE: Vice Chairman Tanaka led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka,
and Commissioners Ruth Low, Joe McManus and Steve Tye.
Also present: James DeStefano, Deputy City Manager, Nancy
Fong, Planning Manager, Ann Lungu, Associate Planner, and Stella Marquez,
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
Offered.
KI
4
APPROVAL OF AGENDA
CONSENT CALENDAR:
As Presented.
4.1 Minutes of the Regular Meeting of November 9, 2004.
VC/Tanaka moved, C/Tye seconded to approve the minutes of the
Regular Meeting of October 26, 2004, as corrected. Motion carried by the
following Roll Call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
10. OLD BUSINESS:
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
None
VC/Tanaka, Tye, Low, McManus,
C/Nolan
None
None
None
NOVEMBER 23, 2004 Page 2 PLANNING COMMISSION
11. NEW BUSINESS: None
NOVEMBER 23, 2004
Page 3 PLANNING COMMISSION
12. PUBLIC HEARING(S): None
12.1 Development Review No. 2004-17 and Tree Permit No. 2004-10
In accordance with Code Sections 22.48, 22.42 and 22.38, this is a
request to construct an approximate 1,382 square foot two story addition
with a 990 square foot two-story balcony and patio cover colonnade in the
rear of an existing 4,588 gross square foot two story, single-family
residence with a four -car garage. The request also includes the removal
and replacement of protected/preserved oak and walnut trees and to
grade and construct the series of retaining walls in areas of varying
topography from two to seven feet exposed height. The grading and walls
will create a new pad for the proposed 338 square foot
guesthouse/recreation room. The project also included a basketball court,
swimming pool and spa.
PROJECT ADDRESS
PROPERTY OWNERS/
APPLICANT:
2800 Steeplechase Lane
(Lot 58, Tract 30289)
Diamond Bar, CA 91765
Robert and Mary Chang
2800 Steeplechase Lane
Diamond Bar, CA 91765
PM/Fong presented staff's report. Staff recommended Planning
Commission approval of Development Review No. 2004-17 and Tree
Permit No. 2004-10, Findings of Fact, and conditions of approval as listed
within the resolution.
C/Low asked if recommended mitigations indicated in Leopoldo Avila's
September 14, 2004, letter were incorporated in the resolution. PM/Fong
responded that the recommendations were included in the conditions of
approval within the resolution. Chair/Nolan referred C/Low to page 5,
paragraph (k). PM/Fong indicated that Condition (w) on page 8 could be
modified to state that all mitigation reflected in the arborist's report would
be required.
Kent Wu, Architect, said he was present to answer Commissioners'
questions. He stated that he read staff's report and concurred with the
conditions of approval including the mitigation outlined in the arborist's
report.
NOVEMBER 23, 2004
Page 4 PLANNING COMMISSION
Chair/Nolan opened the public hearing.
With no one present who wished to speak on this item, Chair/Nolan closed
the public hearing.
C/Tye moved, VC/Tanaka seconded to approve Development Review
No. 2004-17 and Tree Permit No. 2004-10 as amended by C/Low,
Findings of Fact, and conditions of approval. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low,
McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
12.2 Develoament Review No. 2004-38 and Minor Variance No. 2004-13 - In
accordance with Code Sections 22.48, 22.56 and 22.68, this is a request
to construct an approximate 1,332 square foot addition, a 288 square foot
patio cover, and to remodel an existing 1,915 livable square foot two story,
single-family residence with a two car garage. A Minor Conditional Use
Permit approval is required to allow the continuation of the legal non-
conforming front setback distance.
PROJECT ADDRESS
PROPERTY OWNERS/
APPLICANT:
23415 Quail Summit Drive
(Lot 26, Tract 31063))
Diamond Bar, CA 91765
Richard and Carmen Romero
23415 Quail Summit Drive
Diamond Bar, CA 91765
PM/Fong presented staff's report. Staff recommended Planning
Commission approval of Development Review No. 2004-38 and Minor
Conditional Use Permit No. 2004-13, Findings of Fact, and conditions of
approval as listed within the resolution.
Chair/Nolan asked if the legal non -conforming setback was the standard
prior to application of the City's Development Code and PM/Fong
responded that Chair/Nolan was correct in his assumption.
NOVEMBER 23, 2004
Page 5 PLANNING COMMISSION
Richard Romero explained the proposed project to the Commission and
said that he read staff's report and concurred with the conditions of
approval as stated.
Chair/Nolan opened the public hearing.
With no one present who wished to speak on this matter, Chair/Nolan
closed the public hearing.
C/McManus moved, C/Low seconded to approve Development Review
No. 2004-38 and Minor Conditional Use Permit No. 2004-13, Findings of
Fact, and conditions of approval. Motion approved 4-1 by the following
Roll Call vote:
AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low
McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
12.3 Vestina Tentative Tract Mao No. 53670. Zone Chanae No. 2002-03
Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12
In accordance with the Subdivision Map Act, City's Subdivision Ordinance -
Title 21 and Development Code - Title 22, Sections 22.70, 22.58, 22.22
and 22.38, this is a request to subdivide approximately 7.5 acres into five
lots for the eventual development of five single-family custom homes. The
Zone Change is related to changing the existing zoning from R-1-20,000
to Rural Residential (RR). The Conditional Use Permit is related to grading
and development within a hillside area. The Tree Permit is related to the
removal/replacement/protection of oak and walnut trees.
PROJECT ADDRESS
Drive
PROPERTY OWNER/
APPLICANT:
Southerly Terminus of Alamo Heights
(On the east side)
Horizon Pacific Diamond Bar, LLC
Jerry K. Yeh
2707 S. Diamond Bar Boulevard
Diamond Bar, CA 91765
AssocP/Lungu presented staff's report. Staff recommended that the
Planning Commission recommend certification to City Council of the Draft
NOVEMBER 23, 2004 Page 6 PLANNING COMMISSION
Environmental Report No. 2004-01 (SCH#2003071051) and recommend
approval to City Council of Vesting Tentative Map No. 53670, Mitigation
Monitoring Program, Zone Change 2002-03, Conditional Use Permit
No. 2002-17 and Tree Permit No. 2002-12, Findings of Fact and
conditions of approval as listed within the resolutions.
AssocP/Lungu responded to C/Low that RR zone was more restrictive
than the R-120;000 zone Lots and setbacks were required to be larger. If
Mr. Yeh decided to sell the property without development, the mitigation
measures would go with the project and the new owner of project would
be responsible. The property owners of each lot would be given a Buyers
Awareness package as part of their escrow and would be required to sign
a receipt to assure understanding and compliance. AssocP/Lungu
confirmed that the `in -lieu" fees were a part of the off-site mitigation.
VC/Tanaka said he visited the site today. He asked if the terminus of
Alamo Heights would create the need for widening the property between
the two existing houses? AssocP/Lungu responded that there would be
some adjustments made in accordance with the Conditions of Approval for
the driveway of the home adjacent to this project and that the condition
was directed toward the developer.
Lex Williman, Hunsaker & Associates San Diego, Inc. said that he was
proposing a down zoning that would be more restrictive and prior to
recordation the developer would be required to produce a habitat
mitigation project and plan. He stated that the road would be widened to
the standards of "The Country Estates" and asked that the Commission
recommend Council approval.
Chair/Nolan opened the public hearing.
With no one present who wished to speak on this item, Chair/Nolan closed
the public hearing.
DCM/DeStefano responded to Chair/Nolan that as a result of this project
208 trees would be removed and that such removal was usual for this type
of development. Also in such cases it would be difficult to reach the 3:1
ratio for replacement on-site, thus the in -lieu condition.
C/Low asked about the status of the parcel south of this proposed project.
DCM/DeStefano stated that the project known as Tract 53430 was in the
NOVEMBER 23, 2004
Page 7 PLANNING COMMISSION
development stages. A Draft EIR was distributed to the public and the
public comment period had closed. As a result of comments received from
the public as well as City staff, the project was being revised. Staff
anticipated a new plan drawing about the end of January 2005. The 80 -
acre project includes about 48 dwelling units and millions of yards of earth
removal with thousands of trees potentially affected.
VC/Tanaka moved, C/McManus seconded, to recommend certification of
the Draft Environmental Report No. 2004-01 (SCH#2003071051) and
recommend approval to City Council of Vesting Tentative Map No. 53670,
Mitigation Monitoring Program, Findings of Fact and conditions of approval
as listed within the resolutions. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low
McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
C/Tye moved, Chair/Nolan seconded to recommend approval of Zone
Change 2002-03, Findings of Fact and conditions of approval as listed
within the resolutions to City Council. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Chair/Nolan, VC/Tanaka, Low
McManus, Tye
None
None
VC/Tanaka moved, C/Low seconded, to recommend approval of
Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12,
Findings of Fact and conditions of approval as listed within the resolutions
to City Council. Motions carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Chair/Nolan, VC/Tanaka, Low
McManus, Tye
None
None
13. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
NOVEMBER 23, 2004 Page 8 PLANNING COMMISSION
VC/Tanaka wished everyone a safe and happy Thanksgiving Holiday.
NOVEMBER 23, 2004 Page 9 PLANNING COMMISSION
9. STAFF COMMENTS AND INFORMATION ITEMS:
DCM/DeStefano reported that at its November 16 meeting the City Council upon
a vote of 4-1 approved the Best Western property Parcel Map. Thursday
PM/Fong celebrates her first month with the City and DCM/DeStefano found her
to be a great asset to him in the operation of the Planning Division. In addition,
she also oversees the Neighborhood Improvement Division. He stated that as
time passes and with her capable input, the delivery of projects to the Planning
Commission and to the City Council will continue to improve and she will
contribute great service to the City.
DCM/DeStefano wished the Commissioners and their families a Happy
Thanksgiving.
C/Tye asked that tonight's meeting be adjourned in memory of Kanuh Parikh, a
gentle man and long time friend and resident of Diamond Bar.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 7:42 p.m. in memory of Kanuh Parikh.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Dan Nolan, Chairman
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
NOVEMBER 23, 2004
CALL TO ORDER:
Chairman Nolan called the meeting to order at 7:03 p.m. in the South Coast Air Quality
Management District/Governm ent Center Auditorium, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Vice Chairman Tanaka led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka, and
Commissioners Ruth Low, Joe McManus and Steve Tye.
Also present: James DeStefano, Deputy City Manager, Nancy Fong,
Planning Manager, Ann Lungu, Associate Planner, and Stella Marquez,
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of November 9, 2004.
VC/Tanaka moved, C/Tye seconded to approve the minutes of the Regular
Meeting of October 26, 2004, as corre cted. Motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
VC/Tanaka, Tye, Low, McManus,
C/Nolan
None
None
None
NOVEMBER 23, 2004 Page 2 PLANNING COMMISSION
NOVEMBER 23, 2004 Page 3 PLANNING COMMISSION
7. PUBLIC HEARING(S): None
7.1 Development Review No. 2004-17 and Tree Permit No. 2004-10
In accordance with Code Sections 22.48, 22.42 and 22.38, this is a request
to construct an approximate 1,382 squarefoot two story addition with a 990
square foot two-story balcony and patio cover colonnade in the rear of an
existing 4,588 gross square foot two story, single-family residence with a
four -car garage. The request also includes the removal and replacement of
protected/preser ved oak and walnut trees and to grade and construct the
series of retaining walls in areas ofva rying topography from two to seven feet
exposed height. The grading and wallswill create a new pad for the proposed
338 square foot guesthouse/ recreation room. The project also included a
basketball court, swimming pool and spa.
PROJECT ADDRESS: 2800 Steeplechase Lane
(Lot 58, Tract 30289)
Diamond Bar, CA 91765
PROPERTY OWNERS/ Robert and Mary Chang
APPLICANT: 2800 Steeplechase Lane
Diamond Bar, CA 91765
PM/Fong presented staffs report. Staff recommended Planning Commission
approval of Development Review No. 2004-17 and Tree Permit No. 2004-10,
Findings of Fact, and conditions of approval as listed within the resolution.
C/Low asked if recommended mitigations indicated in Leopoldo Avila's
September 14, 2004, letter were incorporated in the resolution. PM/Fong
responded that the recommendations were included in the conditions of
approval within the resolution. Chair/Nolan referred C/Low to page 5,
paragraph (k). PM/Fong indicated that Condition (w) on page 8 could be
modified to state that all mitigation reflected in the arborist's report would be
required.
Kent Wu, Architect, said he was present to answer Commissioners'
questions. He stated that he read staffs report and concurred with the
conditions of approval including the mitigation outlined in the arborist's report.
Chair/Nolan opened the public hearing.
NOVEMBER 23, 2004 Page 4 PLANNING COMMISSION
With no one present who wished to speak on this item, Chair/Nolan closed
the public hearing.
C/Tye moved, VC/Tanaka seconded to approve Development Review
No. 2004-17 and Tree Permit No. 2004-10 as amended by C/Low, Findings
of Fact, and conditions of approval. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low,
McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
7.2 Develooment Review No. 2004-38 and Minor Variance No. 2004-13 - In
accordance with Code Sections 22.48, 22.56 and 22.68, this is a request to
construct an approximate 1,332 square foot addition, a 288 square foot patio
cover, and to remodel an existing 1,915 livable square foot two story, single-
family residence with a two car garage. A Minor Conditional Use Permit
approval is required to allow the continuation of the legal non -conforming
front setback distance.
PROJECT ADDRESS: 23415 Quail Summit Drive
(Lot 26, Tract 31063))
Diamond Bar, CA 91765
PROPERTY OWNERS/ Richard and Carmen Romero
APPLICANT: 23415 Quail Summit Drive
Diamond Bar, CA 91765
PM/Fong presented staff's report. Staff recommended Planning Commission
approval of Development Review No. 2004-38 and Minor Conditional Use
Permit No. 2004-13, Findings of Fact, and conditions of approval as listed
within the resolution.
Chair/Nolan asked ifthe legal non -conforming setback was the standard prior
to application of the City's Development Code and PM/Fong responded that
Chair/Nolan was correct in his assumption.
NOVEMBER 23, 2004 Page 5 PLANNING COMMISSION
Richard Romero explained the proposed project to the Commission and said
that he read staffs report and concurred with the conditions of approval as
sta ted .
Chair/Nolan opened the public hearing.
With no one present who wished to speak on this matter, Chair/Nolan closed
the public hearing.
C/McManus moved, C/Low seconded to approve Development Review
No. 2004-38 and Minor Conditional Use Permit No. 2004-13, Findings of
Fact, and conditions of approval. Motion approved 4-1 by the following Roll
Ca I I vote:
AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low
McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Vestina Tentative Tract Mao No. 53670. Zone Chanae No. 2002-03
Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12
In accordance with the Subdivision Map Act, City's Subdivision Ordinance -
Title 21 and Development Code -Title 22, Sections 22.70, 22.58, 22.22 and
22.38, this is a request to subdivide approximately 7.5 acres into five lots for
the eventual development of five single-family custom homes. The Zone
Change is related to changing the existing zoning from R-1-20,000 to Rural
Residential (RR). The Conditional Use Permit is related to grading and
development within a hillside area. The Tree Permit is related to the
removal/replacem ent/protection of oak and walnut trees.
PROJECT ADDRESS: Southerly TerminusofAlamo Heights Drive
(On the east side)
PROPERTY OWNER/ Horizon Pacific Diamond Bar, LLC
APPLICANT: Jerry K. Yeh
2707 S. Diamond Bar Boulevard
Diamond Bar, CA 91765
AssocP/Lungu presented staffs report. Staff recommended that the Planning
Commission recommend certification to City Council of the Draft
Environmental Report No. 2004-01 (SCH#20030710 51) and recommend
NOVEMBER 23, 2004 Page 6 PLANNING COMMISSION
approval to City Council of Vesting Tentative Map No. 53670, Mitigation
Monitoring Program, Zone Change 2002-03, Conditional Use Permit
No. 2002-17 and Tree Permit No. 2002-12, Findings of Fact and conditions of
approval as listed within the resolutions.
AssocP/Lungu responded to C/Low that RRzone was more restrictive than
the R-120;000 zone Lots and setbacks were required to be larger. If Mr. Yeh
decided to sell the property without development, the mitigation measures
would go with the project and the new owner of project would beresponsible.
The property owners of each lot would be given a Buyers Awareness
package as part of their escrow and would be required to sign a receipt to
assure understanding and compliance. AssocP/Lungu confirmed that the `in -
lieu" fees were a part of the off-site mitigation.
VC/Tanaka said he visited the site today. He asked if the terminus of Alamo
Heights would create the need for widening the property between the two
existing houses? AssocP/Lungu responded that there would be some
adjustments made in accordance with the Conditions of Approval for the
driveway of the home adjacent to th is project and that the condition was
directed toward the developer.
Lex Williman, Hunsaker & Associates San Diego, Inc. said that he was
proposing a down zoning that would be more restrictive and prior to
recordation the developer would be requi red to produce a habitat mitigation
project and plan. He stat ed that the road would bewidened to the standards
of "The Country Estates" and asked that the Commission recommend
Council approval.
Chair/Nolan opened the public hearing.
With no one present who wished to speak on this item, Chair/Nolan closed
the public hearing.
DCM/DeStefano responded to Chair/Nolan that as a result ofthis project 208
trees would be removed and that such removal was usual for this type of
development. Also in such cases itwould bedifficult to reach the 3:1 ratio for
replacement on-site, thus the in -lieu condition.
C/Low asked about the status ofthe parcel south ofthis proposed project.
DCM/DeStefano stated that the project known as Tract 53430 was in the
development stages. ADraft EIR was distributed to the public and the public
NOVEMBER 23, 2004 Page 7 PLANNING COMMISSION
comment period had closed. As a result of comments received from the
public as well as City staff, the project was being revised. Staff anticipated a
new plan drawing about the end of January 2005. The 80 -acre project
includes about 48 dwelling units and millions of yards of earth removal with
thousands oftrees potentially affected.
VC/Tanaka moved, C/McManus seconded, to recommend certification ofthe
Draft Environmental Report No. 2004-01 (SCH#2003071051) and
recommend approval to City Council of Vesting Tentative Map No. 53670,
Mitigation Monitoring Program, Findings of Fact and conditions ofapproval as
listed within the resolutions. Motion carried bythe following Roll Call vote:
AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low
McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
C/Tye moved, Chair/Nolan seconded to recommend approval of Zone
Change 2002-03, Findings of Fact and conditions ofapproval aslisted within
the resolutions to City Council. Motion carried bythe following Roll Call vote:
AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low
McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
VC/Tanaka moved, C/Low seconded, to recommend approval of Conditional
Use Permit No. 2002-17 and Tree Permit No. 2002-12, Findings of Fact and
conditions of approval as listed within the resolutions to City Council. Motions
carried bythe following Roll Call vote:
AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low
McManus, Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
VC/Tanaka wished everyone a safe and happy Thanksgiving Holiday.
NOVEMBER 23, 2004 Page 8 PLANNING COMMISSION
9. STAFF COMMENTS AND INFORMATION ITEMS:
DCM/DeStefano reported that at its November 16 meeti ng the City Council upon a
vote of 4-1 approved the Best Western property Parcel Map. Thursday PM/Fong
celebrates her first month with the City and DCM/DeStefano found her to be a great
asset to him in the operation ofthe Planning Division. In addition, she also oversees
the Neighborhood Improvement Division. He stated that as time passes and with
her capable input, the delivery of projects to the Planning Commission and to the
City Council will continue to improve and she will contribute great serviceto the City.
DCM/DeStefano wished the Commissioners and their families a Happy
Thanksgiving.
C/Tye asked that tonight's meeting be adjourned in memory of Kanuh Parikh, a
gentle man and long time friend and resident of Diamond Bar.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 7:42 p.m. in memory ofKanuh Parikh.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Dan Nolan, Chairman
AGENDA # 6.3
NOTICE REGARDING THE CHECK REGISTER
Please note that the Check Register has not been
included in the electronic versions of the City
Council Agenda Packets on the City's Web Site
because severe formatting errors occur when
attempting to convert this material. If you are
interested in receiving a copy of the Check
Register, please contact the City Clerk's office at
909-839-7010 to receive a FAXed copy or to pick
one up in person.
We apologize for the inconvenience.
AGENDA # 6.3
NOTICE REGARDING THE CHECK REGISTER
Please note that the Check Register has not been included
in the electronic versions of the City Council Agenda
Packets on the City's Web Site because severe formatting
errors occur when attempting to convert this material. If you
are interested in receiving a copy of the Check Register,
please contact the City Clerk's office at 909-839-7010 to
receive a FAXed copy or to pick one up in person.
We apologize for the inconvenience.
AGENDA NO. 6.4
DUE TO DOCUMENTATION ERROR
NO COVER SHEET
GENERAL FUND
LIBRARY SERVICES FUND
COMMUNITY ORG SUPPORT FD
GAS TAX FUND
TRANSIT TX (PROP A) FD
TRANSIT TX (PROP C) FD
ISTEA Fund
INTEGRATED WASTE MGT FD
AB2928-TR CONGESTION RELIEF FD
AIR QUALITY IMPRVMNT FD
PARK & FACILITIES DEVEL. FD
COM DEV BLOCK GRANT FD
CITIZENS OPT -PUBLIC SAFETY FD
NARCOTICS ASSET SEIZURE FD
CA LAW ENFORCEMENT EQUIP PRGM
LANDSCAPE DIST #38 FD
LANDSCAPE DIST #39 FD
LANDSCAPE DIST #41 FD
GRAND AV CONST FUND
CAP IMPROVEMENT PRI FD
SELF INSURANCE FUND
EQUIPMENT REPLACEMENT FUND
COMPUTER REPLACEMENT FUND
PUBLIC FINANCING AUTHORITY FUND
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
November 30, 2004
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
$22,447,239.15
$927,134.59
$681,944.76
$22,692,428.98
0.00
0.00
(3,906.74)
1,100.00
(5,006.74)
648,198.68
185,513.85
833,712.53
1,198,222.09
131,546.06
54,453.16
1,275,314.99
804,857.11
62,533.85
867,390.96
0.00
0.00
560,626.13
20,379.00
11,578.54
569,426.59
0.00
0.00
155,971.65
850.00
155,121.65
1,881,039.43
1,881,039.43
15,607.09
4,350.00
17,934.15
(67,545.39) (65,522.45)
320,593.39
2,119.82
318,473.57
314,314.22
314,314.22
71,135.79
71,135.79
390,023.46
3,581.91
8,782.65
384,822.72
231,077.42
1,514.38
6,430.41
226,161.39
336,134.29
712.16
4,606.49
332,239.96
111,579.53
111,579.53
(1,463,568.67)
(5,400.00)
29,674.87
67,545.39 (1,431,098.15)
1,324,777.74
6,585.46
1,318,192.28
194,996.31
194,996.31
(4,061.55)
(4,061.55)
591,496.76
579.30
19,824.80
572,251.26
TOTALS $30,126,353.28 $1,332,445.1
$845,885.11 $0.00 $30,612,913.2
0
7
SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT
($2,094.03)
PAYROLL ACCOUNT
8,309.29
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$6,965.26
INVESTMENTS: US TREASURY Money Market Acct.
$745,000.95
LOCAL AGENCY INVESTMENT FD
29,288,695.80
30,033,696.75
CASH WITH FISCAL AGENT: US TREASURY Money Market
$422,919.02
Account
LOCAL AGENCY INVESTMENT FD
149,332.24
(Bond Proceeds Account)
572,251.26
TOTAL CASH
$30,612,913.2
7
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The
regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice.
As a secondary investment option, the City maintains the US Treasury Sweep Accounts with
Wells Fargo and the City's Fiscal Agent, Union Bank of
California. Any excess funds are "swept" on a daily basis from the City's bank accounts and
are invested overnight in a pool of US Treasury Notes.
Interest is credited to the City's bank accounts on a monthly basis.
L.A.I.F - Effective Yield - November 2004 2.003%
Wells Fargo Money Mkt -Effective Yield - November 2004 1.204%
Union Bank Money Mkt - Effective Yield - November 2004 1.710%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Linda C. Lowry, Treasurer
AGENDA NO. 6.4
DUE TO DOCUMENTATION ERROR
NOCOVER SHEET
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
November 30, 2004
BEGINNING
TRANSFERS
ENDING
BALANCE
RECEIPTS
DISBURSEMENTS
IN (OUT)
BALANCE
GENERAL FUND
$22,447,239.15
$927,134.59
$681,944.76
$22,692,428.98
LIBRARY SERVICES FUND
0.00
0.00
COMMUNITY ORG SUPPORT FD
(3,906.74)
1,100.00
(5,006.74)
GAS TAX FUND
648,198.68
185,513.85
833,712.53
TRANSIT TX (PROP A) FD
1,198,22 2.09
131,546.06
54,453.16
1,275,314.99
TRANSIT TX (PROP C) FD
804,857.11
62,533.85
867,390.96
ISTEA Fund
0.00
0.00
INTEGRATED WASTE MGT FD
560,626.13
20,379.00
11,578.54
569,426.59
AB2928-TR CONGESTION RELIEF FD
0.00
0.00
AIR QUALITY IMPRVMNT FD
155,971.65
850.00
155,121.65
PARK & FACILITIES DEVEL. FD
1,881,039.43
1,881,039.43
COM DEV BLOCK GRANT FD
15,607.09
4,350.00
17,934.15
(67,545.39)
(65,522.45)
CITIZENS OPT -PUBLIC SAFETY FD
320,593.39
2,119.82
318,473.57
NARCOTICS ASSET SEIZURE FD
314,314.22
314,314.22
CA LAW ENFORCEMENT EQUIP PRGM
71,135.79
71,135.79
LANDSCAPE DIST #38 FD
390,023.46
3,581.91
8,782.65
384,822.72
LANDSCAPE DIST #39 FD
231,077.42
1,514.38
6,430.41
226,161.39
LANDSCAPE DIST #41 FD
336,134.29
712.16
4,606.49
332,239.96
GRAND AV CONST FUND
111,579.53
111,579.53
CAP IMPROVEMENT PRJ FD
(1,463,568.67)
(5,400.00)
29,674.87
67,545.39
(1,431,098.15)
SELF INSURANCE FUND
1,324,777.74
6,585.46
1,318,192.28
EQUIPMENT REPLACEMENT FUND
194,996.31
194,996.31
COMPUTER REPLACEMENT FUND
(4,061.55)
(4,061.55)
PUBLIC FINANCING AUTHORITY FUND
591,496.76
579.30
19,824.80
572,251.26
TOTALS $30,126,353.28 $1,332,445.10 $845,885.11 $0.00 $30,612,913.27
SUMMARY OF CASH:
DEMAND DEPOSITS: GENERAL ACCOUNT
($2,094.03)
PAYROLL ACCOUNT
8,309.29
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS $6,965.26
INVESTMENTS: US TREASURY Money Market Acct. $745,000.95
LOCAL AGENCY INVESTMENT FD 29,288,695.80
30,033,696.75
US TREASURY Money Market
CASH WITH FISCAL AGENT: Account $422,919.02
LOCAL AGENCY INVESTMENT FD 149,332.24
(Bond Proceeds Account)
572, 251.26
TOTAL CASH $30,612,913.27
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The
regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice.
As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal rent, Union Bank
of Califomia. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a poo I of US Treasury
Notes. Interest is credited to the City's bank accounts on a monthly basis.
L.A.I.F -Effective Yield - November 2004 2.003%
Wells Fargo Money Mkt -Effective Yield - November 2004 1.204%
Union Bank Money Mkt- Effective Yield - November 2004 1.710%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Linda C. Lowry, Treasurer
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.5
Meeting Date: Jan. 4, 2005
AGENDA REPORT
TITLE: AUTHORIZE THE USE OF THE CITY LOGO ON A PLAQUE TO BE INSTALLED BY
THE BREAKFAST LIONS ON A MONUMENT AT THE HISTORIC WINDMILL
RECOMMENDATION:
It is recommended that the City Council authorize the use of the City logo.
FISCAL IMPACT:
There is no fiscal impact on the City. The Diamond Bar Breakfast Lions will pay for the plaque and its
installation.
BACKGROUND / DISCUSSION:
The Diamond Bar Breakfast Lions have been involved with the maintenance of the Historic Windmill
at the entrance to the Ralph's shopping center on Diamond Bar Blvd. at Grand Avenue Drive.
Recently, the organization placed a small cement monument at the base of the windmill on which a
plaque depicting the historic information of the windmill is affixed.
The owner of the property has requested that the backside of the cement block be adorned with some
type of decoration or plaque as it looks like a bland block of cement from the rear view.
The Lion's Club has volunteered to buy and install a bronze plaque of the City logo on the back side
of the Cement monument. There are no guidelines for such use of the City logo. Therefore, City staff
is requesting the approval of the City Council in this particular case.
Prepared by:
Jim Clarke, Legislative Analyst
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.5
Meeting Date: Jan. 4, 2005
AGENDA REPORT
TITLE: AUTHORIZE THE USE OF THE CITY LOGO ON A PLAQUE TO BE INSTALLED BY
THE BREAKFAST LIONS ON A MONUM ENT AT THE HISTORIC WINDMILL
RECOMMENDATION:
Itis recommended that the City Council authorize the use of the City logo.
FISCAL IMPACT:
There is no fiscal impact on the City. The Diamond Bar Breakfast Lions will pay for the plaque and its
installation.
BACKGROUND / DISCUSSION:
The Diamond Bar Breakfast Lions have been involved with the maintenance of the Historic Windmill
at the entrance to the Ralph's shopping center on Diamond Bar Blvd. at Grand Avenue Drive.
Recently, the organization placed a small cement monument at the base of the windmill on which a
plaque depicting the historic information of the windmill is affixed.
The owner of the property has requested that the backside of the cement block be adorned with some
type of decoration or plaque as it looks like a bland block of cement from the rear view.
The Lion's Club has volunteered to buy and install a bronze plaque of the City logo on the back side
of the Cement monument. There are no guidelines for such use of the City logo. Therefore, City staff
is requesting the approval of the City Council in this particular case.
Prepared by:
Jim Clarke, Legislative Analyst
Agenda # 6.66
Meeting Date: January 4, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE:
Transmittal of Comprehensive Annual Financial Report and Single Audit Report on Federal Awards
for the year ended June 30, 2004.
RECOMMENDATION:
It is recommended that the City Council receive and file the Comprehensive Annual Financial Reporl
for FY 03-04 as prepared by the City Finance Department and the City's auditors, Conrad and
Associates, L.L.P. It is also recommended that the City Council receive and file the FY 03-04 Single
Audit Report on Federal Awards as presented.
FINANCIAL IMPACT:
None
BACKGROUND:
The FY 2003-2004 annual audit has been completed by the City's independent auditing firm of
Conrad and Associates, L.L.P. Part of the audit contract includes the completion, with staff's
assistance, of the Comprehensive Annual Financial Report and the Single Audit Report on Federal
Awards.
DISCUSSION:
The City's Finance Department in concert with the City's independent auditing firm of Conrad and
Associates, L. L. P. has prepared the Fiscal Year 2003-2004 Comprehensive Annual Financial Report
(CAFR). This is the second year the report has been prepared in conformance with the requirements
of GASB 34. The new report format includes Management Discussion and Analysis, Required
Supplementary Information and the Government -wide Financial Statements which include the
Statement of Net Assets and Statement of Activities.
Page Two — City Council Agenda Report
Transmittal of Comprehensive Annual Financial Report and Single Audit Report
In addition to the CAFR, the audit firm has also prepared the annual Single Audit Report on Federal
Awards. This report is done as a part of the reporting requirements of the Single Audit Act of 1984
and the US Office of Management and Budget Circular A-133, Audits of States, Local Governments,
and Non -Profit Organizations. This fiscal year the City expended a total of $626,922 in Federal
Funds. This includes $387,727 from the US Department of Housing and Urban Development (HUD -
CDBG), and $201,184 from HUD for the Diamond Bar Center. Funds received and expended also
included funds from the Department of Justice Local Law Enforcement Block Grant and U.S.
Department of Homeland Security.
The City once again received an unqualified audit opinion. In addition there were no management
findings or comments.
General Fund Equity showed an increase of $309,876, bringing the total General Fund fund equity to
$22,663,502 at June 30, 2004.
The Finance Department has submitted the CAFR to the California Society of Municipal Finance
Officers and the Government Finance Officers Association for their respective certificate of excellence
award programs. The City has been honored to receive these awards for the past nine consecutive
years.
Linda G. Magnuson
REVIEWED BY:
Department Head Deputy City Manager
Attachments: FY 03-04 Comprehensive Annual Financial Report and Single Audit Report on Federal
Awards
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # _6.6
Meeting Date: January 4, 2005
AGENDA REPORT
TITL E:
Transmittal of Comprehensive Annual Financial Report and Single Audit Report on Federal Awards
for the year ended June 30, 2004.
RECOMMENDATION:
It is recommended that the City Council receive and file the Comprehensive Annual Financial Report
for FY 03-04 as prepared by the City Finance Department and the City's auditors, Conrad and
Associates, L.L.P. It is also recommended that the City Council receive and file the FY 03-04 Single
Audit Report on Federal Awards as presented.
FINANCIAL IMPACT:
None
BACKGROUND:
The FY 2003-2004 annual audit has been completed by the City's independent auditing firm of
Conrad and Associates, L.L.P. Part of the audit contract includes the completion, with staffs
assistance, of the Comprehensiv eAnnual Financial Report and the Single Audit Report on Federal
Awa rd s.
DISCUSSION:
The City's Finance Department in concert with the City's independe ntauditing firm of Conrad and
Associates, L. L. P. has prepared the Fiscal Year 2003-2004 Comprehensive Annual Financial Report
(CAFR). This is the second year the report has been prepared in conformanc a with the requirements
of GASB 34. The new report format includes Management Discussion and Analysis, Required
Supplementary Information and the Government -wide Financial Statements which include the
Statement of Net Assets and Statement of Activities.
Page Two — City Council Agenda Report
Transmittal of Comprehensive Annual Financial Report and Single Audit Report
In addition to the CAFR, the audit firm has also prepared the annual Single Audit Report on Federal
Awards. This report is done as a part of the reporting requirements of the Single Audit Act of 1984
and the US Office of Management and Budget Circular A-133, Audits of States, Local Governments,
and Non -Profit Organizations. This fiscal year the City expended a tota I of $626,922 in Federal
Funds. This includes $387,727 from the US Department of Housing and Urban Development (HUD -
CDBG), and $201,184 from HUD for the Diamond Bar Center. Funds received and expended also
included funds from the Departm ent of Justice Local Law Enforcement Block Grant and U.S.
Department of Homeland Security.
The City once again received an unqualified audit opinion. In addition there were no management
findings or comments.
General Fund Equity showed an increase of $309,876, bringing the tota I General Fund fund equity to
$22,663,502 at June 30, 2004.
The Finance Department has submitted the CAFR to the California Society of Municipal Finance
Officers and the Government Finance Officers Association for their respective certificate of excellence
award programs. The City has been honored to receive these awards for the past nine consecutive
yea rs.
PREPARED BY:
Linda G. Magnuson
REVIEWED BY:
Department Head
Deputy City Manager
Attachments: FY 03-04 Comprehensive Annual Financial Report and Single Audit Report on Federal
Awa rd s
Agenda #
6.7
Meeting Date: January 4,
CITY COUNCIL = AGENDA REPORT
ooRroR
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: City Council Appointments.
RECOMMENDATION:
It is recommended that the City Council receive and file the attached information
regarding the City Council appointments to various organizations
FINANCIAL SUMMARY:
There is no financial implication associated with the City Council appointments.
DISCUSSION:
The Mayor, at his discretion, appoints individual Councilmembers to serve on the
boards of various outside agencies and City Committees. Attached is the list of City
Council appointments as submitted by Mayor Chang.
It should be noted that the following committees are being eliminated:
City Council Code of Ethics — This committee's task has been completed.
Lanterman Monitoring Committee — This committee has been dormant for over
one year.
Community Coordinating Committee — This committee is being phased out and
shall be replaced with a combined mailing and internet calendar process.
David Doyle, Assistant City Manager
Attachment
Organization
California Contract Cities Association
Foothill Transit Board
Four -Corners Transportation Policy Group
Los Angeles County Vector Control District
Joint Powers Insurance Authority
L.A. County Sanitation District No. 21
L.A. County City Selection Committee
League of Calif. Cities - L.A. County Division
San Gabriel Valley Council of Governments
San Gabriel Valley Economic Partnership
Southern California Assn. of Governments
Tres Hermanos Conservation Authority
Council Appointees
O'Connor/Chang
Zirbes/Herrera
Chang/Herrera
MacBride
O'Connor/Zirbes
O'Connor/Chang
Chang/Herrera
Herrera/Chang
Herrera/Chang
Chang/Staff
Herrera/Zirbes
Zirbes/Herrera/O'Connor
Wildlife Corridor Conservation Authority (WCCA) Herrera/Chang
Wildlife Corridor Conservation Authority Advisory MacBride/Herrick
D.B. Community Foundation
Zirbes
CITY COUNCIL AD HOC COMMITTEES
(Meet as Needed)
City Council Goals/City Manager Evaluation
Economic Development
Industry East Development Advisory Committee
Legislative
Neighborhood Improvement
CITY COUNCIL LIAISON
Chamber of Commerce
PUSD/City
Senior Citizen
Sphere of Influence/Annexation
Chang/O'Connor
Chang/Zirbes
O'Connor/Zirbes
Herrera/Chang
Zirbes/Chang
Zirbes/O'Connor
O'Connor/Zirbes
O'Connor/Zirbes
Herrera/Zirbes
WVUSD/City Herrera/Chang
Agenda # 6.7
Meeting Date: January 4, 2005
CITY +COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: City Council Appointments.
RECOMMENDATION:
It is recommended that the City Council receive and file the attached information
regarding the City Counc it appointments to va rious organizations
FINANCIAL SUMMARY:
There is no financial implication associated with the City Council appointments.
DISCUSSION:
The Mayor, at his discretion, appoints individual Councilmembers to serve on the
boards ofvarious outside agencies and City Committees. Attached isthe IistofCity
Council appointments as submitted by Mayor Chang.
Itshould benoted that the following committees are being eliminated
City Council Code of Ethics — This committee's task has been completed.
Lanterman Monitoring Committee — This committee has been dormant for over
one year.
Community Coordinating Committee — Th is committee is being phased out and
shall be replaced with a combined mailing and internet calendar process.
PREPARED BY:
David Doyle, Assistant City Manager
Attachment
Organization Council Appointees
California Contract Cities Association O'Connor/Chang
Foothill Transit Board Zirbes/Herrera
Four -Corners Transportation Policy Group
Chang/Herrera
Los Angeles County Vector Control District
MacBride
Joint Powers Insurance Authority
O'Connor/Zirbes
L.A. County Sanitation District No. 21
O'Connor/Chang
L.A. County City Selection Committee
Chang/Herrera
League of Calif. Cities - L.A. County Division
Herrera/Chang
San Gabriel Valley Council of Governments
Herrera/Chang
San Gabriel Valley Economic Partnership
Chang/Staff
Southern California Assn. of Governments
Herrera/Zirbes
Tres Hermanos Conservation Authority
Zirbes/Herrera/O 'Connor
Wildlife Corridor Conservation Authority (WCCA)
Herrera/Chang
Wildlife Corridor Conservation Authority Advisory MacBride/Herrick
D.B. Community Foundation
Zirbes
CITY COUNCIL AD HOC COMMITTEES
(Meet as Needed)
City Council Goals/Ci ty Manager Evaluation Chang/O'Connor
Economic Development Chang/Zirbes
Industry East Development Advisory Committee O'Connor/Zirbes
Legislative Herrera/Chang
Neighborhood Improvement Zirbes/Chang
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
FROM: Linda C. Lowry, City Manager
Agenda # 7.1
Meeting Date: JanuaLE 4, 2005
AGENDA REPORT
TITLE: RESOLUTION NO. 2005 -XX APPROVING THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM ALLOCATION OF $418,450 FOR FISCAL YEAR 2005-
2006
RECOMMENDATION:
It is recommended that the City Council conduct a public hearing and adopt the Resolution.
BUDGET IMPLICATION:
Funding for the CDBG Program is received frorr
2006 CDBG budget will be incorporated into the
Program does not impact the City's General Fund
CDBG are to be absorbed by the General Fund.
BACKGROUND:
the Federal Government. Approval of the 2005 -
Fiscal Year 2005-2006 City Budget. The CDBG
budget unless services formerly provided through
By way of a Cooperative Agreement, the City of Diamond Bar is part of the Los Angeles County
Community Development Commission — Community Development Block Grant (CDBG) Program.
The CDBG Program was established through the Housing and Community Development Act of 1974.
The primary program of each grantee under the Title is the development of viable urban communities,
by providing decent housing and a suitable living environment and expanding economic opportunities,
principally for persons of low and moderate income. Eligible CDBG projects are those that meet one
of the following national objectives for the program:
Benefiting low and moderate income persons;
Addressing slums or blight; or
Meeting a particular urgent community development need.
The projects must also meet one of the eligible activity categories; acquisition of real property for an
eligible use; acquisition, construction, and rehabilitation of public facilities; demolition and clearance of
deteriorated buildings; community service for low and moderate -income households; removal of
barriers that restrict the mobility for elderly or handicapped persons; or special economic development
activities.
Funds may be used for a variety of community development activities such as public services,
administration and public works projects. The funds may only be used within low and moderate -
income census tracts (of which the City has none) and/or to benefit low and moderate -income
persons and/or presumed eligible persons.
The Los Angeles County Community Development Commission (CDC) has determined that the City
of Diamond Bar's preliminary CDBG allocation for Fiscal Year 2005-2006 is approximately $418,450
for the implementation of eligible CDBG projects. In the event that actual CDBG funding levels vary
from the $418,450 estimate, the City may adjust the proposed projects and budgets accordingly.
The City's approved projects and budget must be submitted to the Los Angeles County CDC by
February 4, 2005. The City of Diamond Bar's projects and budget will ultimately become part of the
Los Angeles County's CDBG program application to the U.S. Department of Housing and Urban
Development (HUD).
DISCUSSION:
Prior to approval of the programs and budget, a public hearing is required to receive and consider
citizen input on the proposed CDBG Program. The public hearing has been advertised in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin. Additionally, the City sent Request for
Proposals to all interested organizations regarding the availability of CDBG funding. Based on the
proposals received by non-profit agencies and City Departments, past history of applicants and the
availability of funds, funding recommendations have been developed. Prior to a project being funded,
eligibility is determined and the sub -recipients must meet the Federal regulations/requirements. The
City provides support to the projects that receive funding with technical assistance and monitoring to
insure compliance. The City is responsible for overseeing the operations of all the sub -recipient
supported activities including compliance with all applicable Federal requirements and monitoring the
achievement of performance goals.
As part of the application process, the City must describe the programs that are currently being
implemented and how those programs are meeting the goals and objectives that have been
established by the City.
CURRENT CDBG PROJECTS AND ALLOCATIONS FOR 2004- 2005 PROGRAM YEAR
YMCA Childcare ($18,375) - To provide after school childcare for up to twenty (20) children from low
and low -to -moderate income families each month. The YMCA has provided childcare for an average
of eighteen (18) children monthly.
YMCA Day Camp — Summer/Off Track ($12,050) - To provide summer/off track day camp for up to
twenty—five (25) children from low and low -to -moderate income families. The YMCA has provided
summer day camp to twenty-five (25) children.
Senior Programming ($31,807) - To provide senior activities including information and referral,
physical mobility classes, nutrition classes, seminars, arts and crafts, game days, and special events.
General Insurance has been purchased for the senior groups utilizing the Heritage Park Community
Center and Diamond Bar Center.
Service Center for Independent Living ($3,150) - To provide for independent living services,
newsletters, and community forums on disability issues. The SCIL has declined FY 2004-2005
CDBG funding due to certain restrictions implemented by the Community Development Commission
Program Administration ($43,588) - Program administration funds are used for overall program
management, coordination, monitoring, reporting, and contract compliance services. The CDBG
program is being implemented by City staff with assistance from our consultant - Diana Cho and
Associates.
Home Improvement Program ($200,312) - To provide for grants and/or deferred loans to eligible low
and moderate -income homeowners for necessary home improvements as well as repairs to mitigate
building and safety code deficiencies and/or violations. Six (6) rehabilitation projects are in progress
and two (2) rehabilitation projects have been completed.
Paint the Town ($9,500) - To assist the Diamond Bar Improvement Association (DBIA) in the exterior
rehabilitation of five (5) homes. Program will commence in May 2005.
Sidewalk ADA Accessibility ($195,915) - To provide accessible sidewalks on the west side of
Diamond Bar Boulevard between Solitaire Street and 60 Freeway. The preliminary design and plans
have been completed. The project will need additional funding for the construction phase.
ADA Park Retrofit ($300,937- Carryover Project) - To provide for the creation of an ADA Retrofit at
Sycamore Canyon Park. Project design and preparation of plans for Phase II are in progress.
Sidewalk ADA Accessibility ($162,125 — Carryover Project) - To provide accessible sidewalks on
the north side of Golden Springs Drive between Gateway Center Drive and Brea Canyon Road.
Construction of this project has been completed.
PROPOSED PROJECTS AND ALLOCATIONS FOR THE 2005-2006 PROGRAM YEAR
In preparation for the 2005-2006 CDBG grant allocation process, the City published a public notice
announcing the availability of CDBG funds and mailed letters with applications to all existing sub -
recipients and interested parties requesting proposals for use of the CDBG funds.
Based upon Federal regulations, CDBG funds must be allocated and expended within three (3) years.
In addition, cities are strongly encouraged by the CDC to allocate all monies as soon as feasible. The
following distribution of funds is based upon an allocation of 15% toward Public Service projects, 75%
toward Public Works and 10% for overall general administration.
2005-2006 Public Service - (15% - $62,767
During Fiscal Year 2004-2005 a total of $65,382 was allocated for Public Service projects. The public
service cap for Fiscal Year 2005-2006 limits funding availability to $62,767 which is approximately 4%
less than previously allocated. However, there will be sufficient funds to maintain the funding level for
the three (3) current public service projects since SCIL, which is currently allocated CDBG funds, has
not submitted an application for funding.
City Senior Program FY 04-05 $31,807
Total Requested $65,723
Recommend $32,342
The City's Senior Program ($52,855) includes special events, Friday Bingo, craft classes, excursions,
and the Senior Coordinator's position for referrals and coordination between groups.
As in prior years, the Senior Program will propose to combine and include several of the activities and
supplies as requested by the Diamond Bar Senior Citizens Club, Diamond Bar Chinese Evergreen
Senior Association, Sunshine Seniors Group, and Diamond Age Senior Citizen Association such as:
• Diamond Bar Senior Citizens Club - $2,268
Requested insurance and funding for supplies for weekly meetings.
• Sunshine Senior Group - $1,000
Requested liability insurance.
• Chinese Evergreen Senior Association - $6,000
Requested insurance and funding for sick/elderly visits, medical seminar,
classes for seniors, and monthly meetings and activities.
• Diamond Age Senior Citizen Association - $3,600
Requested insurance and excursion program.
The amount of funds requested for Senior Programming exceed the CDBG allocation. The additional
funds required for the Senior Program will be paid through the Community Services Department
budget as in prior years.
Diamond Bar YMCA Childcare FY 04-05 $18,375
Request $34,000
Recommend $18,375
To provide after school childcare for twenty (20) low and moderate income children monthly. The
project allows for parents to work while their children are in a safe environment.
Diamond Bar YMCA Day Camp FY 04-05 $12,050
Request $20,000
Recommend $12,050
To provide full day care for up to twenty-five (25) children during the summer, holidays and student
free school days
Diamond Bar YMCA Pre -School Child FY 04-05 $0
Care Request $11,200
Recommend $0
This is a new program to provide pre-school activities for up to ten (10) children monthly. The project
provides social and educational activities for pre-school age children from low and moderate -income
families.
Project Sister
FY 04-05 N/A
Request $4,000
Recommend $0
To provide for assistance to Diamond Bar residents and middle and high school staff in learning
safety measures that will decrease their vulnerability to crime. It is proposed that this project utilize
funding from the COPS program.
Public Service Sub -total Request
Recommend
2005-2006 Administration — 10% $41,845
Program Administration
$134,923
$62,767
FY 04-05 $43,588
Request $41,845
Recommend $41,845
To provide reimbursement to the City for CDBG program administration and contract compliance
services.
2005-2006 Public Works and Housing — 75% $313,838
Home Improvement Program
FY 04-05 $200,312
Request $118,838
Recommend $118,838
To provide for grants and/or deferred loans to eligible low and moderate -income homeowners for
necessary home improvements as well as repairs to mitigate building and safety code deficiencies
and/or violations.
Paint the Town
FY 04-05 $ 9,500
Request $10,000
Recommend $10,000
To assist the Diamond Bar Improvement Association in the rehabilitation of six (6) homes. This
program has been successful and meets all federal regulations.
Sidewalk ADA Accessibility FY 04-05 $195,915
Request $150,000
Recommend $150,000
To upgrade existing street right-of-way with gaps of sidewalk placement to provide continuity for
pedestrian access and ADA accessibility along west side of Diamond Bar Boulevard, north of the
Pomona (SR 60) Freeway.
ADA Retrofit Improvements FY 04-05 $0
Paul C. Grow Park — ADA Design
Request $35,000
Recommend $35,000
To provide for project design of ADA retrofit improvements at Paul C. Grow Park.
Public Works Sub -total Request $348,838
Recommend $348,838
TOTAL 2005-2006 CDBG FUNDS REQUESTED $525,606
AVAILABLE / RECOMMENDED $418,450
The purpose of the public hearing is to solicit public testimony and receive presentations from the
public service organizations requesting funds. It is an opportunity for the City Council to question the
proposed public service organizations as well as City staff regarding the applications under
consideration.
Prepared by:
Diana Cho
Reviewed By:
James DeStefano
Deputy City Manager
Attachments:
Matrix of Projects / Recommended Funding Options
Resolution 2005 -XX
CDBG Project Applications
City of Diamond Bar
Community Development Block Grant
2005-06 Program Year
Agency
Service Provided
City Council
Requested
Staff City Council
Allocated 04-05
Funds 05-06
Recommendations Allocation
Public Service 15%
$62,767
City of Diamond Bar
Senior Services
$31,807
$52,855
$32,342
— Community
Services
Diamond Bar Senior
Senior Services
Included in City
$2,268
Included in City
Club
Request
Request
Sunshine Senior
Senior Services
Included in City
$1,000
Included in City
Club
Request
Request
Evergreen Senior
Senior Services
Included in City
$6,000
Included in City
Club
Request
Request
Diamond Age Senior
Senior Services
Included in City
$3,600
Included in City
Club
Request
Request
Diamond Bar/
Child Care
$18,375
$34,000
$18,375
Walnut YMCA
Day Camp
$12,050
$20,000
$12,050
Pre -School
$0
$11,200
$0
Project Sister
Crime Prevention
$0
$4,000
$0
Services
COPS Funded
COPS Eligible
Service Center for
Disability
$3,150
$0
$0
Independent Living
Services
Sub -total
$65,382
$134,923
$62,767 $0
Administration 10% $41,845
City of Diamond Bar Admin. $43,588 $41,845 $41,845
Sub -total $43,588 $41,845 $41,845
City of Diamond Bar
Community Development Block Grant
2005-06 Program Year
Agency
Service Provided
City Council
Allocated 04-05
Requested
Funds 05-06
Staff City Council
Recommendations Allocation
Public Works 75%
$313,838
City of Diamond
Home
$200,312
$118,838
$118,838
Bar — City Planning
Improvement
Program
Sidewalk
$195,915
$150,000
$150,000
Installation ADA
Compliance
ADA Retrofit
$0
$35,000
$35,000
Improvements
Paul C. Grow Park
Sidewalk
$162,125
$0
$0
Installation ADA
Compliance
Carryover Project
ADA Park Retrofit
$300,937
$0
$0
Sycamore Canyon
Carryover Project
Diamond Bar
Paint the Town
$9,500
$10,000
$10,000
Improvement
Assoc.
Sub -total
$868,789
$348,838
$313,838
Total
$977,759
$418,450
RESOLUTION 2005 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
IN THE AMOUNT OF $418,450 FOR FISCAL YEAR 2005-2006
WHEREAS, ON August 22, 1974, the President of the United States signed into law the
Housing and Community Development Act of 1974 (Act); and
WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban
communities by providing decent housing and a suitable living environment, and expanding economic
opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Diamond Bar has received notification of the availability of $418,450 in
Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals
during Fiscal Year 2005-2006; and
WHEREAS, suggestions have been requested from residents, community organizations, City
Departments for the utilization of these funds; and
WHEREAS, the City has published information regarding eligible activities under the Act and
met with all interested groups and conducted a public hearing to solicit comments and suggestions
from the community for the utilization of these funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as
follows:
Section 1. The funding allocation for the 2005-2006 Program year shall be:
PUBLIC SERVICE
(15% - $ 62,767)
Senior Programming ($ 32,342)
YMCA Childcare ($ 18,375)
YMCA Day Camp ($ 12,050)
ADMINISTRATION (10% - $ 41,845)
PUBLIC WORKS (75% - $313,838)
Home Improvement Program ($118,838)
Paint the Town ($ 10,000)
Sidewalk Installation ADA Compliance ($150,000)
ADA Retrofit at Paul C. Grow Park ($ 35,000)
Section 2. That the City Manager is authorized and directed to submit the City's final Cost
Summary for Fiscal Year 2005-2006 to the County of Los Angeles, reflecting the funding allocations
set forth herein. Should the City's final allocation vary by more than twenty-five percent (25%) from
the figures contained herein, the City Manager is authorized to allocate the additional funds to eligible
activities.
Section 3. That the City Manager is authorized to execute the contractual and related
documents to be prepared by the County of Los Angeles that are required for the implementation of
the projects/programs set forth herein.
Section 4. This Resolution shall take effect from and after the date of its passage and
adoption.
PASSED, APPROVED, AND ADOPTED this 4 th day of January 2005
Wen Chang,
Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing
Resolution No. 2005- was duly and regularly passed and adopted by the City Council of the
City of Diamond Bar, California, at its adjourned regular meeting held on the 4 th day of January ,
2005, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Linda C. Lowry, City Clerk
City of Diamond Bar, California
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
FROM: Linda C. Lowry, City Manager
Agenda # 7.1
Meeting Date: January 4. 2005
AGENDA REPORT
TITLE: RESOLUTION NO. 2005 -XX APPROVING THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM ALLOCATION OF $418,450 FOR FISCAL YEAR 2005-
2006
RECOMMENDATION:
It is recommended that the City Council conduct a public hearing and adopt the Resolution.
BUDGET IMPLICATION:
Funding for the CDBG Program is received from the Federal Government. Approval of the 2005-
2006 CDBG budget will be incorporated into the Fiscal Year 2005-2006 City Budget. The CDBG
Program does not impact the City's General Fund budget unless services formerly provided through
CDBG are to be absorbed by the General Fund.
IY_L•i:t�3:%1�1�1��
By way of a Cooperative Agreemen t, the City of Diamond Bar is part of the Los Angeles County
Community Development Commission — Community Development Block Grant (CDBG) Program.
The CDBG Program was established through the Housing and Community Development Act of 1974.
The primary program of each grantee under the Title is the development ofviable urban communities,
by providing decent housing and a suitable living environment and expanding economic opportunities,
principally for persons of low and moderate income. Eligible CDBG projects are those that meet one
of the following national objectives for the program:
• Benefiting low and moderate income persons;
• Addressing slums orblight; or
• Meeting a particular urgent community development need.
The projects must also meet one of the eligible activity categories; acquisition of real property for an
eligible use; acquisition, construction, and rehabilitation of public facilities; demolition and clearance
of deteriorated buildings; community service for low and moderate-income households; removal of
barriers that restrict the mobility for elderly or handicapped persons; or special economic
development activities.
Funds may be used for a variety of community development activities such as public services,
administration and public works projects. The funds may only be used within low and moderate-
income census tracts (of which the City has none) and/or to benefit low and moderate-income
persons and/or presumed eligible persons.
The Los Angeles County Community Development Commission (CDC) has determined that the City
of Diamond Bar's preliminary CD BG allocation for Fiscal Year 2005-2006 is approximately $418,450
for the implementation of eligible CDBG projects. In the event that actual CDBG funding levels vary
from the $418,450 estimate, the City may adjust the proposed projects and budgets accordingly.
The City's approved projects and budget must be submitted to the Los Angeles County CDC by
February 4, 2005. The City of Dia mond Bar's projects and budget will ultimately become part of the
Los Angeles County's CDBG program application to the U.S. Department of Housing and Urban
Development (HUD).
DISCUSSION:
Prior to approval of the programs and budget, a public hearing is required to receive and consider
citizen input on the proposed CDBG Program. The public hearing has been advertised in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin. Additionally, the City sent Request for
Proposals to all interested organizations regarding the availability of CDBG funding. Based on the
proposals received by non-profit agencies and City Departments, past history of applicants and the
availability offunds, funding recommendations have been developed. Priorto a project being funded,
eligibility is determined and the sub-recipients must meet the Federal regula tions/requiremen ts. The
City provides support to the projects that receive funding with technical assistance and monitoring to
insure compliance. The City is responsible for overseeing the operations of all the sub-recipient
supported activities including compliance with all applicable Federa I requirements and monitoring the
achievement ofperformance goals.
As part of the application process, the City must describe the programs that are currently being
implemented and how those programs are meeting the goals and objectives that have been
established by the City.
CURRENT CDBG PROJECTS AND ALLOCATIONS FOR 2004- 2005 PROGRAM YEAR
YMCA Childcare ($18,375) -To provide after school childcare for up to twenty (20) children from low
and low-to-moderate income families each month. The YMCA has provided childcare for an average
of eighteen (18) children monthly.
YMCA Day Camp — Summer/Off Track ($12,050) - To provide summer/off track day camp for up to
twenty—five (25) children from low and low-to-moiler ate income families. The YMCA has provided
summer day camp to twent y-five (25) children.
Senior Programming ($31,807) - To provide senior activities including information and referral,
physical mobility classes, nutrition classes, seminars, arts and crafts, game days, and special events.
General Insurance has been purchased for the senior groups utilizing the Heritage Park Community
Center and Diamond Bar Center.
Service Center for Independent Living ($3,150) - To provide for independent living services,
newsletters, and community forums on disability issues. The SCIL has declined FY 2004-2005
CDBG funding due to certain restrictions implemented by the Community Development Commission
Program Administration ($43,588) - Program administration funds are used for overall program
management, coordination, monitoring, reporting, and contract compliance services. The CDBG
program is being implemented by City staff with assistance from our consultant - Diana Cho and
Associates.
Home Improvement Program ($200,312) - To provide for grants and/or deferred loans to eligible
low and moderate -income homeowners for necessary home improvements as well as repairs to
mitigate building and safety code deficiencies and/or violations. Six (6) rehabilitation projects are in
progress and two (2) rehabilitation projects have been completed.
Paint the Town ($9,500) - To assist the Diamond Bar Improvement Association (DBIA) in the exterior
rehabilitation of five (5) homes. Program will commence in May 2005.
Sidewalk ADA Accessibility ($195,915) -To provide accessible sidewalks on the west side of
Diamond Bar Boulevard between Solitaire Street and 60 Freeway. The preliminary design and plans
have been completed. The project will need additional funding for the construction phase.
ADA Park Retrofit ($300, 937- Carryover Project) -To provide for the creation of an ADA Retrofit at
Sycamore Canyon Park. Project design and preparation of plans for Phase Il are in progress.
Sidewalk ADA Accessibility ($162,125 — Carryover Project) - To provide accessible sidewalks on
the north side of Golden Springs Drive between Gateway Center Drive and Brea Canyon Road.
Construction of this project has been completed.
PROPOSED PROJECTS AND ALLOCATIONS FOR THE 2005-2006 PROGRAM YEAR
In preparation for the 2005-2006 CDBG grant allocation process, the City published a public notice
announcing the availability of CDBG funds and mailed letters with applications to all existing sub -
recipients and interested parties requesti ng proposals for use of the CDBG funds.
Based upon Federal regulations, CDBG funds must be allocated and expended within three (3) years.
In addition, cities are strongly encouraged by the CDC to allocate all monies as soon as feasible. The
following distribution of funds is based upon an allocation of 15% towa rd Public Service projects, 75%
toward Public Works and 10% for overall general administration.
3
2005-2006 Public Service - (15%) - $62,767
During Fiscal Year 2004-2005 a total of $65,382 was allocated for Public Service projects. The public
service cap for Fiscal Year 2005-2006 limits funding availability to $62,767 which is approximately 4%
less than previously allocated. However, there will be sufficient funds to mainta in the funding level for
the three (3) current public service projects since SCIL, which is currently allocated CDBG funds, has
not submitted an application for funding.
City Senior Program FY 04-05 $31,807
Total Requested $65,723
Recommend $32,342
The City's Senior Program ($52,855) includes special events, Friday Bingo, craft classes, excursions,
and the Senior Coordinator's position for referrals and coordination between groups.
As in prior years, the Senior Program will propose to combine and include several ofthe activities and
supplies as requested by the Diamond Bar Senior Citizens Club, Diamond Bar Chinese Evergreen
Senior Association, Sunshine Seniors Group, and Diamond Age Senior Citizen Association such as:
• Diamond Bar Senior Citizens Club - $2,268
Requested insurance and funding for supplies for weekly meetings.
• Sunshine Senior Group - $1,000
Requested liability insurance.
• Chinese Evergreen Senior Association - $6,000
Requested insurance and funding for sick/elderly visits, medical seminar,
classes for seniors, and monthly meetings and activities.
• Diamond Age Senior Citizen Association - $3,600
Requested insurance and excursion program.
The amount offends requested for Senior Programming exceed the CDBG allocation. The additional
funds required for the Senior Program will be paid through the Community Services Department
budget as in prior years.
Diamond Bar YMCA Childcare FY 04-05 $18,375
Request $34,000
Recommend $18,375
To provide after school childcare for twenty (20) low and moderate income children monthly. The
project allows for parents to work while their children are in a safe environment.
Diamond Bar YMCA Day Camp FY 04-05 $12,050
Request $20,000
Recommend $12,050
To provide full day care for up to twenty-five (25) children during the summer, holidays and student
free school days
4
Diamond Bar YMCA Pre -School Child FY 04-05 $0
Care Request $11,200
Recommend $0
This is a new program to provide pre-school activities for up to ten (10) children monthly. The project
provides social and educational activities for pre-school age children from low and moderate -income
families.
Project Sister FY 04-05 N/A
Request $4,000
Recommend $0
To provide for assistance to Diamond Bar residents and middle and high school staff in learning
safety measures that will decrease their vulnerability to crime. It is proposed that this project utilize
funding from the COPS program.
Public Service Sub -total Request $134,923
Recommend $62,767
2005-2006 Administra tion — 10% $41,845
Program Administration FY 04-05 $43,588
Request $41,845
Recommend $41,845
To provide reimbursement to the City for CDBG program administration and contract compliance
services.
2005-2006 Public Works and Housing — 75% $313,838
Home Improvement Program FY 04-05 $200,312
Request $118,838
Recommend $118,838
To provide for grants and/or deferred loans to eligible low and moderate -income homeowners for
necessary home improvements as well as repairs to mitigate building and safety code deficiencies
and/or violations.
Paint the Town FY 04-05 $ 9,500
Request $10,000
Recommend $10,000
To assist the Diamond Bar Improvement Association in the rehabilitation of six (6) homes. This
program has been successful and meets all federal regulations.
5
Sidewalk ADA Accessibility FY 04-05 $195,915
Request $150,000
Recommend $150,000
To upgrade existing street right-of-way with gaps of sidewalk placement to provide continuity for
pedestrian access and ADA accessibility along west side of Diamond Bar Boulevard, north of the
Pomona (SR 60) Freeway.
ADA Retrofit Improvements FY 04-05 $0
Paul C. Grow Park — ADA Design
Request $35,000
Recommend $35,000
To provide for project design of ADA retrofit improvements at Paul C. Grow Park.
Public Works Sub -total Request $348,838
Recommend $348,838
TOTAL 2005-2006 CDBG FUNDS REQUESTED $525,606
AVAILABLE / RECOMMENDED $418,450
The purpose of the public hearing is to solicit public testimony and receive presentations from the
public service organizations requesting funds. It is an opportunity for the City Council to question the
proposed public service organizations as well as City staff regarding the applications under
consideration.
Prepared by:
Diana Cho
Reviewed By:
James DeStefano
Deputy City Manager
Attachments:
Matrix of Projects /Recommended Funding Options
Resolution 2005 -XX
CDBG Project Applications
6
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
2005-06 P ROGRAM YEAR
Agency
Service Provided
City Council
Requested
Staff City Council
Allocated 04-05
Funds 05-06
Recommendations Allocation
Public Service 15%
$62,767
City of Diamond Bar
— Community
Senior Services
$31,807
$52,855
$32,342
Services
Diamond Bar Senior
Senior Services
Included in City
$2,268
Included in City
Club
Request
Request
Sunshine Senior
Senior Services
Included in City
$1'000
Included in City
Club
Request
Request
Evergreen Senior
Senior Services
Included in City
$6,000
Included in City
Club
Request
Request
Diamond Age Senior
Senior Services
Included in City
$3,600
Included in City
Club
Request
Request
Child Care
$18,375
$34,000
$18,375
Diamond Bar/
Walnut YMCA
Day Camp
$12;050
$20,000
$12,050
Pre -School
$0
$11,200
$0
Project Sister
Crime Prevention
Services
COPS Funded
COPS COPS$O gable
Service Center for
Disability
$3,150
$0
$0
Independent Living
Services
Sub -total
$65,382
$134,923
$62,767 s0
ADMINISTRATION 10% $41,845 �—
CITYOF DIAMOND Admin. $43,588 $41,845 $41,845
BAR
Sub -total $43,588 $41,845 $41,845
CITY OF DIAMOND BAR
COMMUNrrY DEVELOPMENT BLOCK GRANT
2005-06 P ROGRAM YEAR
Agency
Service Provided
City Council
Requested
Staff City Council
Allocated 04-05
Funds 05-06
Recommendations Allocation
PublicWorks75%
$313,838
City of Diamond
Home
Improvement
$200,312
$118,838
$118,838
Bar—City Planning
Program
Sidewalk
Installation ADA
$195,915
$150,000
$150,000
Compliance
ADA Retrofit
Improvements
$0
$35,000
$35,000
Paul C. Grow Park
Sidewalk
Installation ADA
$162,125
$0
SO
Compliance
Carryover Project
ADA Park Retrofit
Sycamore Canyon
$300,937
$0
$0
Carryover Project
Diamond Bar
Improvement
Paint the Town
$9,500
$10,000
$10,000
Assoc.
Sub -total
$868,789
$348,838
$313,838
fi
RESOLUTION 2005 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
IN THE AMOUNT OF $418,45 0 FOR FISCAL YEAR 2005-2006
WHEREAS, ON August 22, 1974, the President of the United States signed into law the
Housing and Community Development Act of 1974 (Act); and
WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban
communities by providing decent housing and a suitable living environment, and expanding economic
opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Diamond Ba r has received notification of the availability of $418,450 in
Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals
during Fiscal Year 2005-2006; and
WHEREAS, suggestions have been requested from residents, community organizations, City
Departments for the utilization of these funds; and
WHEREAS, the City has published information regarding eligible activities under the Act and
met with all interested groups and conducted a pub lic hearing to solicit comments and suggestions
from the community for the utilization of these funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as
follows:
Section 1. The funding allocation for the 2005-2006 Program year shall be:
PUBLIC SERVICE (15% - $ 62,767)
Senior Programming ($ 32,342)
YMCA Childca re ($ 18,375)
YMCA Day Camp ($ 12,050)
ADMINISTRATION (10% - $ 41,845)
PUBLIC WORKS (75% - $313,838)
Home Improvement Program ($118,838)
Paintthe Town ($ 10,000)
Sidewalk Installation ADA Compliance ($150,000)
ADA Retrofit at Paul C. Grow Park ($ 35,000)
9
Section 2. That the City Manager is authorized and directed to submit the City's final Cost
Summary for Fiscal Year 2005-2006 to the County of Los Angeles, reflecting the funding allocations
set forth herein. Should the City's final allocation vary by more than twenty- five percent (25%) from
the figures contained herein, the City Manager is authorized to allocate the additional funds to eligible
activities.
Section 3. That the City Manager is authorized to execute the contractual and related
documents to be prepared by the County of Los Angeles that are required for the implementation of
the projects/program s set forth herein.
Section 4. This Resolution shall take effect from and after the date of its passage and
adoption.
PASSED, APPROVED, AND ADOPTED this 4 th day of January 2005
Wen Chang,
Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing
Resolution No. 2005- was duly and regularly pa ssed and adopted by the City Council of the
City of Diamond Bar, California, at its adjourned regular meeting held on the 4 th day of January ,
2005, by the following vote, to wit:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Linda C. Lowry, City Clerk
City of Diamond Bar, California
10
Agenda # 7.2
Meeting Date: January 4, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: VESTING TENTATIVE TRACT MAP NO. 53670, ENVIRONMENTAL IMPACT
REPORT NO. 2004-01 (SCH #2003071051), MITIGATION MONITORING
PROGRAM, ZONE CHANGE NO. 2002-03, HILLSIDE MANAGEMENT
CONDITIONAL USE PERMIT NO. 2002-17 AND TREE PERMIT NO. 2002-12
RECOMMENDATION: Upon conclusion of the public hearing adopt Resolution No. 2005 -XX
certifying the Environmental Impact Report, approving Vesting Tentative Tract Map No.
53670 and the Mitigation Monitoring Program; approve the first reading of Zone Change
Ordinance No. XX (2005); and adopt Resolution No. 2005 -XX approving Hillside
Management Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12.
SUMMARY:
On November 23, 2004, the Planning Commission conducted a noticed public hearing on
Vesting Tentative Tract Map No. 53670, the project EIR and all requested entitlements and
recommended approval of the project to the City Council. Approval of this project will allow
the property owner, Mr. Jerry Yeh of Horizon Pacific Diamond Bar, LLC, to subdivide 7.5
acres into five lots for the eventual development of five single-family custom homes. The
project site is located at the southerly terminus of Alamo Heights Drive (east side) within "The
Country Estates"._
BACKGROUND/ANALYSIS:
The Planning Commission on November 23, 2004 conducted a noticed public hearing on the
proposed project. At the meeting the Planning Commission opened the public hearing to
receive comments from the public. There was no one in the audience that provided public
comments. The Planning Commission closed the hearing and discussed the merits of the
proposed project and the environmental information presented in the Environmental Impact
Report. The Planning Commission determined that the project met all the city standards and
requirements and unanimously recommended approval of the project to the City Council:
The attached Planning Commission staff report presents all the technical information related
to the project along with the Environmental Impact Report, the Mitigation Monitory Program,
and Response to Comments from agencies who had commented on the draft Environmental
Impact Report.
The City Council may approve the proposed project as recommended by the Planning
Commission. The Council may also add conditions or modify conditions of approval set forth
in the resolutions. If the Council concurs with the Planning Commission recommendation
then adoption of the resolutions and ordinance should be in the following sequence:
1. Adopt City Council Resolution No. 20045 -XX certifying the Environmental
Impact Report No. 2004-01 (SCH #2003071051) and approving Vesting
Tentative Tract Map No. 53670 and Mitigation Monitoring Program;
2. Approve the first reading of Zone Change Ordinance No. XX (2005); and
3. Adopt City Council Resolution No. 20045 -XX approving Hillside Management
Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12.
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley
Tribune on December 23, 2004. Public hearing notices were mailed to approximately 115
property owners within a 1,000 -foot radius of the project site on December 16, 2004. A
display board was posted on the project site and public notice was posted in three public
places by December 20, 2004. Additionally and pursuant to Public Resource Code, Section
21092.5, agencies commenting on the project's Environmental Impact report were notified in
writing of the January 4, 2005 City Council public hearing on December 20, 2004
PREPARED BY:
Ann J. Lungu,
Associate Planner
REVIEWED BY:
James DeStefano,
Deputy City Manager
2
Nancy Fong,
Planning Manager
Attachments:
1. City Council Resolution No. 2005 -XX Certifying EIR No. 2004-01 (SCH #
2003071051), approving VTTM 53670 and the Mitigation Monitoring Program;
2. City Council Zone Change Ordinance No. XX (2005);
3. City Council Resolution No. 2005 -XX approving Conditional Use Permit No. 2002-17
and Tree Permit No. 2002-12;
4. Planning Commission Minutes dated November 23, 2004;
5. Planning Commission Staff Report for November 23, 2004 meeting;
6. Planning Commission Resolution Nos. 2004-52, 2004-53 and 2004-54;
7. Exhibit "A" — Vesting Tentative Tract Map No.53067 dated November 23, 2004;
8. Draft Environmental Impact Report (Volume 1) and Technical Appendices (Volume 11)
dated July 19, 2004 and Volume III/Response to Comments dated October 1, 2004;
and
9. Mitigation Monitoring Program dated November 11, 2004.
CITY COUNCIL
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT NO. 2004-01 (SCH #2003071051) AND APPROVING
VESTING TENTATIVE TRACT MAP NO. 53670 AND THE
MITIGATION MONITORING PROGRAM SET FORTH THEREIN
FOR A FIVE LOT RESIDENTIAL SUBDIVISION LOCATED AT
THE SOUTHERLY TERMINUS OF ALAMO HEIGHTS DRIVE
(EAST SIDE), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC
has filed an application for Vesting Tentative Tract Map No. 53670 (VTTM 53670),
certification of Environmental Impact Report (EIR) No. 2004-01 (SCH # 2003071051) and
Mitigation Monitoring Program as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Vesting Tentative Tract Map, Environmental Impact Report and
Mitigation Monitoring Program shall be referred to as the "Application."
2. On November 23, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application. At that time, the
Planning Commission adopted Resolution No. 2004-53 recommending City Council approval
of the Application
3. On December 16 2004, public hearing notices were mailed to approximately 115
property owners of record within a 1,000 -foot radius of the project site. On December 23,
2004, notification of the public hearing for this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were posted in
three public places within the City of Diamond Bar and the project site was posted with a
display board by December 20, 2004. Additionally and pursuant to Public Resource Code,
Section 21092.5, agencies commenting on the project's Environmental Impact report were
notified in writing of the January 4, 2005 City Council public hearing on December 20, 2004.
4. On January 4, 2005, the City Council of the City of Diamond Bar conducted and
concluded a duly noticed public hearing on the Application.
4
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. The City Council hereby finds that the project identified above in this
Resolution required an Environmental Impact Report (EIR). EIR No. 2004-01
(SCH # 2003071051) has been prepared according to the requirements of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. The 45 day public review period for the EIR began July 23, 2004
and ended September 6, 2004. Furthermore, the City Council has reviewed
the EIR and related documents in reference to the Application.
3. The City Council hereby specifically finds and determines that, having considered the
record as a whole, including the findings set forth below, and changes and alterations which
have been incorporated into and conditioned upon the proposed project set forth in the
application, there is no evidence before this City Council that the project proposed herein will
have the potential of an adverse effect on wild life resources or the habitat upon which the
wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the
presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California
Code of Regulations.
4. Based on the findings and conclusions set forth herein, this City Council hereby finds
as follows:
(a) The project relates to vacant land located at terminus of Alamo Heights Drive (on the
east side) within a gated community identified as "The Country Estates" which consists
of large single-family homes. The project site is directly south of Alamo Heights Drive
which would be extended to provide access to the project site.
(b) The project site has a General Plan land use designation of Rural Residential (RR)
Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot Size 20,000
Square Feet (R-1-20,000) Zone.
(d) Generally to the north, south, east and west, the Single Family Residence -Minimum
Lot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site.
(e) The Application request is to certify the Environmental Impact Report; to subdivide a
7.5 acres site into five parcels with a minimum lot size of one acre for the eventual
development of five single-family custom homes; to change the existing zoning from R-
5
1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; and to
remove and replace oak and walnut trees.
Tentative Map Findings
(f) The proposed subdivision including design and improvements is consistent with the
General Plan or any applicable specific plan;
The General Plan land use designation for the project site is Rural
Residential (RR). The General Plan describes this designation as a
residential land use category for detached single-family residences
with a maximum density allowed for new subdivisions as one dwelling
unit per acre or less. The proposed map is a five lot subdivision
characterized as follows:
Lot Number
Lot Size Acres
Pad Size Sq. Ft.
Pad Elevation
1
1.7
22,000
990
2
1.2
23,000
990
3
1.0
23,000
990
4
1.0
22,000
980
5
1.6
20,000
970
The gross density of proposed VTTM 53670 will be 0.67 dwelling units (du) per acre.
The proposed map as designed with the incorporation of landform grading, the
extension of Alamo Heights Drive in a manner that is consistent with existing
development and proposed development south of the proposed map, revegetaion of
slopes, installation of sewers and drainage facilities is in accordance with the
Objectives and Strategies of the General Plan. As a result, VTTM 53670 is consistent
with the General Plan.
(g) Site is physically suitable for the type and proposed density of the development;
The project site is approximately 7.5 acres. The VTTM 53670 proposes to
subdivide7.5 acres into five lots with a street for the future development of five single-
family custom homes. As referenced above in Finding (f), the type and proposed
density is in compliance with the General Plan and existing development within the
gated community identified as "The Country Estates". Additionally, the EIR prepared
for VTTM 53670 reviewed the map's suitability for the project site, access, circulation,
grading, aesthetics, land use, etc. The reviewed concluded that the proposed map
would not have a significant effect on the environment and/or with the incorporation of
mitigation measures environmental impacts would be reduced to a level of less than
significant.
(h) The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or injure fish or wildlife or their habitat;
6
The EIR analyzed whether or not the proposed map would cause substantial
environmental damage or injure fish or wildlife or their habitat. The EIR concluded that
with the implementation of mitigation measures as prescribed in the Mitigation
Monitoring Program summarized as follows, it is anticipated that the proposed map
and cumulative biological resources impacts would be reduced to a level less than
significant.
• A combination of on-site or off-site preservation and/or
restoration at no less than a 1:1 acreage ratio;
■ Native tree protection at a 3:1 ratio to replace 71 coast live
oak trees, 26 scrub oak and 111 California black walnuts (for
a total of 208 trees to be replaced);
■ Biological monitoring;
• Obtain appropriate permits from California Department of Fish
and Game, U.S. Fish and Wildlife Services, U.S. Army Corps
of Engineers and State Water Resources Control Board; and
• Lighting plan reviewed and approved by the City
demonstrating that lighting from the project will be directed
away from natural open space areas.
(i) The design of the subdivision or type of improvements is not likely to cause serious
public health or safety problems;
The EIR analyzed impacts related to the design of the subdivision and improvements
related to the project. Mitigation measures that related to air quality, geology/soils/grading,
hazards and hazardous materials, hydrology/water quality, traffic, and public services have
been incorporated into the proposed map. Mitigation measures are summarized as follows:
o Manufactured slopes would be designed at a slope ratio of no steeper
2:1
and keyed into approved natural ground;
o Standard conditions of approval related to compliance with Uniform
Building Code;
o All grading be performed under the observation of a registered
geotechnical engineer;
o Recommendations contains in the geotechnical and engineering
geological investigation is to be implemented during
grading/construction activities;
o Comply with all Los Angeles County Fire Department code
requirements;
o All property owners be provided with a disclosure statement that identify
the responsibility of maintaining the fuel modification zones within their
7
property as defined in the approved Fuel Modification Plan;
o Compliance with Federal Clean Water Act and the National Pollutant
Discharge Elimination System (NPDES) program;
o Implementing construction -related Best Management Practices (BMP's)
and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria; and
o Provide storm drain system, energy dissipaters and standard conditions.
Furthermore, no active or potentially active faults were found and the project
site is not within an Alquist-Priolo Fault Rupture Hazard Zone. Therefore, with
the incorporation of the mitigation measures, impacts associated with causing
serious public health or safety problems would be less than significant.
0) The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large for access through or use of, property within the
proposed subdivision. This finding may not be made if the review authority finds that
alternate easements for access or use will be provided, and that they will be substantially
equivalent to ones previously required by the public.
The proposed map is located within a private gated community. Access easements
within this gated community are private property. Access the gated community is from public
streets at Diamond Bar Boulevard and Grand Avenue.
The proposed map will not affect these public streets.
(k) The discharges sewerage from the proposed subdivision into the community source
system would not result in violation of existing requirements prescribed by the California
Regional Water Quality Control Board;
An EIR prepared for VTTM 53670 reviewed the environmental issue of water
quality. To reduce water quality impacts to a level of less than significant, the proposed map
is required to comply mitigation measures within the Mitigation Program that include
compliance with Regional Water Quality Control Board, Federal Clean Water Act and the
National Pollutant Discharge Elimination System (NPDES) program, implementing
construction -related Best Management Practices (BMP's) and Standard Urban Stormwater
Mitigation Plan (SUSMP) criteria. With project design features related to the storm drain
system, energy dissipaters, standard conditions of approval, mitigation measures, potentially
significant water quality impacts would be reduced to levels less than significant.
(1) A preliminary soils report or geological hazard report does not indicate adverse soils or
geological conditions and the subdivider has provided sufficient information to the satisfaction
of the City Engineer or Council that the conditions can be corrected in the plan for the
development; or
An EIR prepared for VTTM 53670 reviewed the environmental issue of soils and
8
geological hazard. As referenced in Finding (i), the mitigation measures prescribed in the
Mitigation Monitoring Program will reduce potential geologic and soil impacts to a level less
than significant.
(m). The proposed subdivision is consistent with all applicable provisions of this Title, the
Development Code, any other applicable provisions of the Municipal Code, and the
Subdivision Map Act.
The proposed subdivision is consistent with the General Plan land use designation of
Rural Residential (RR). It will be graded in compliance with the City's applicable hillside
management standards. The physical size and design of the proposed subdivision will allow
for compliance with the City's Development Code standards for the RR zoning district.
Furthermore, the
proposed map is consistent with Title 21, the City's subdivision ordinance and
the Subdivision Map Act requirements as processed herein.
Based on the findings and conclusions set forth above, the City Council hereby certifies the
Environmental Impact Report and approves VTTM 53670 and the Mitigation Monitoring
Program subject to the following the following conditions:
a. General
(1) The project site shall be developed in substantial conformance with VTTM 53670,
except as conditions herein, and as conditioned in Zone Change No. 2002-03,
Conditional Use Permit No. 2002-17, and Tree Permit No.2002-12 submitted to and
approval by the City Council collectively attached hereto as Exhibit "A" -the subdivision
map, Exhibit "B" - Mitigation Monitoring Program dated November 11, 2004, and
Exhibit "C" - Environmental Impact Report as modified herein.
(2) The site shall be maintained in a condition, which is free of debris both during and after
the construction, addition, or implementation of the entitlement granted herein. The
removal of all trash, debris, and refuse, whether during or subsequent to construction
shall be done only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection, transportation,
and disposal of solid waste from residential, commercial, construction, and industrial
areas within the City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar to provide such
services.
(3) This grant shall be null and void and of no affect unless Zone Change
Number 2002-03, Hillside Management Conditional Use Permit
Number 2002-17 and Tree Permit Number 2002-12 are approved.
(4) This approval shall not be effective for any purpose until the applicant and owner of the
property involved have filed within 15 days of approval of this map, at the City of
9
Diamond Bar Community and Development Services Department/Planning Division an
Affidavit of Acceptance stating that they are aware of it agreed to accept all the
conditions of this approval. Further, this approval shall not be effective until the
applicant pays all remaining Planning Division fees.
(5) In accordance with Government Code Section 66474.9(b) (1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding
to attack, set-aside, void or annul, the approval of VTTM 53670
brought within the time period provided by Government Code Section
66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action: In accordance with
Government Code Section 66474.9(b) (1), the applicant shall defend,
indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of VTTM 53670 brought within the time
period provided by Government Code Section 66499.37. In the event
the city and/or its officers, agents and employees are made a party of
any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims;
and
(b) Applicant shall promptly pay any final judgment rendered against
the City descendents.
The City shall promptly notify the applicant or any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
(6) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and
all other applicable construction codes, ordinances and regulations in effect at the time
the application was deemed complete.
(7) Notwithstanding any previous subsection of the resolution, the Department of Fish and
Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game
Code. Said payment shall be made by the applicant to the city with in five days of this
grant's approval.
(8) Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication
for parkland pursuant to Subdivision Ordinance Chapter 21.32.
(9) Applicant shall pay development fees (including but not limited to
Planning, Building and Safety, Public Works and Engineering Divisions
and Mitigation Monitoring) at the established rates, prior to final map
approval, issuance of building or grading permit (whichever comes
first), as required by the City. School fee shall be paid prior to the
I1
issuance of a Building and Safety Division permit. Additionally, the
applicant shall pay all remaining prorated City project review and
processing fees prior to the map's recordation as required by the City.
(10) Pursuant to Subdivision Map Act Section 66463.5, VTTM 53670 is
valid for three years. An extension of time may be requested in writing
and shall only be considered if submitted to the city no less than 60
days prior to approval's expiration date. Final map approval will not be
granted unless the map is in substantial compliance with VTTM 53670
including all conditions and the applicant has entered into a
subdivision improvement agreement to the satisfaction of the City
Attorney.
(11) The project site shall be maintained and operated in full compliance with the conditions
of approval and all laws, or other applicable regulations.
b. Planning
(1) The Mitigation Monitoring Program outlined in Environmental Impact No. 2004-01
(SCH #2003071051) and approved by the City shall be implemented and complied
with rigorously. The mitigation monitoring fees shall be deposited with the City, 90
days prior to the issuance of a grading permit. All costs related to the ongoing
monitoring shall be secured from the applicant and received by the City prior to the
approval of the final map.
(2) Prior to final map recordation, the applicant shall provide evidence of annexation into
"The Country Estates" Homeowners Association. Each lot of VTTM 53670 shall be
subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's).
(3) Prior to the final map recordation, the application shall provide the City with a "Buyer's
Awareness Package." for the City's review and approval. The "Buyer's Awareness
Package" shall include, but is not limited to, information pertaining to geological issues
regarding the property, wildlife corridors, oak and walnut trees, natural vegetation
preservation issues, maintenance program for urban pollutant basins, fuel
modification, all mitigation measures within the Mitigation Monitoring Program and
Exhibit "A" which delineates each lot's building envelope, explanatory information
pertaining to restrictions on the use of properties as necessary, and similar related
matters. The applicant shall give each buyer a copy of the "Buyer's Awareness
Package" and shall document their receipt of the same in the escrow instructions of
each lot and document their receipt to the City.
(4) Applicant, through the "Buyer's Awareness Program" shall encourage, the segregation
of green waste for reuse as specified under the City's Source Reduction Recycling
Element, and County Sanitation District's waste division policies.
(5) Proposed future custom single-family residential units shall comply with the City's
Development Review process.
(6) All single-family residential units shall be required to obtain Development Review
approval. Additionally, single-family residential dwelling units shall utilize the following
development standards:
(a) Front yard setback minimum 30 feet from front property line;
(b) Side yard setbacks minimum 10 and 15 feet from the edge of the
buildable pad or side property lines, whichever is applicable;
(c) Distance between single-family residential dwelling units shall be
a minimum of 40 feet;
(d) Rear yard setback minimum 25 feet from the edge of the
buildable pad or rear property line, whichever is applicable; and
(e) Accessory structures shall utilize setback distances from the
edge of pad or property line whichever is applicable and be
consistent with the Rural Residential zoning district at the time of
permit issuance.
(7) All ground -mounted utility appurtenances such as transformers, air conditioning
condensers, etc. shall be located out of public view and adequately screened through
the use of a combination of concrete or masonry walls, berms, and/or landscaping to
the satisfaction of the Planning Division.
(8) All lighting fixtures adjacent to interior property lines shall be approved by the Planning
Division as to type, orientation and height.
(9) All terrace drains and drainage channels shall be constructed in muted earth tones so
as not to impart adverse visual impacts. Terrace drains shall follow landform slope
configuration and shall not be placed in an exposed positions. All down drains shall be
hidden in swales diagonally or curvilinearly across a slope face.
(10) Prior to the issuance of a grading permit or the initiation of any activity that involves the
removal/disturbance of oak and walnut woodland habitat, the applicant shall develop a
detail oak and walnut woodland mitigation plan in accordance with the EIR"s Mitigation
Program and submit the plan to the City for review and approval. Mitigation shall
include offsite preservation and or restoration at no less than 1:1 acreage ratio. The
native trees protected under the City's tree preservation and protection standards
require a minimum replacement ratio of 3:1. It is estimated that 71 coast live oak, 26
scrub oak and 111 southern California black walnuts will be removed by a the project's
development, totaling to 208 trees.. However, mitigation offsite shall be in accordance
with the requirements and approval of the California Department of Fish and Game. If
in -lieu fees are utilized for a part of or all mitigation, this mitigation method shall also
be in accordance with the requirements and approval of the California Department of
Fish and Game and the City of Diamond Bar.
(11) Prior to the issuance of any City permits, the applicant shall submit a revegetation
landscape plan and irrigation plan for slopes within the project site for the City's review
and approval. Said slope shall be landscaped at the completion of grading activities.
All slope planting and irrigation and revegetation areas shall be continuously
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maintained in a healthy and thriving condition by the developer until each individual
unit is sold and occupied by the buyer. Prior to releasing occupancy for the units, an
inspection shall be conducted by the Planning Division to determine that the vegetation
is in satisfactory condition.
(12) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building
Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National
Electrical Code) requirements.
c. Fire Department
(1) Emergency access shall be provided, maintaining free and clear, a minimum 26 foot at
all times during construction in accordance with Fire Department requirements.
(2) Prior to the issuance of any building permits for combustible construction, evidence
shall be submitted to the Fire Department that temporary water supply for fire
protection is available pending completion of the required fire protection system.
(3) All required fire hydrants shall be installed and tested and accepted prior to
construction. Vehicular access must be provided and maintained serviceable
throughout construction.
(4) Prior to the issuance of a grading permit, the applicant shall submit a fuel modification
plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire
Department for review and approval.
(5) Prior to recordation, the final map shall comply with all Fire Department requirements.
d. Public Works/Engineering Division
General
(1) Prior to final map approval, written certification that all utility services and any other
service related to the site shall be available to serve the proposed project and shall be
submitted to the City. Such letters shall be issued by the district, utility and cable
television company, within ninety (90) days prior to final map approval.
(2) Prior to final map approval and when final map is submitted for plan check, a title
report/guarantee showing all fee owners, interest holders, and nature of interest shall
be submitted. The account shall remain open until the final map is filed with the
County Recorder. An updated title report/guarantee and subdivision guarantee shall
be submitted ten (10) working days prior to final map approval.
(3) Prior to the issuance of any City permits, the Applicant shall complete and record a
"Covenant and Agreement to Maintain a Single -Family Residence" on a form to be
provided by the City. The covenant shall be completed and recorded with the Los
Angeles County Recorders Office.
(4) Prior to final map approval, if any public or private improvements required as part of
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this map have not been completed by applicant and accepted by the City, applicant
shall enter into a subdivision agreement with the City and shall post the appropriate
security. Cost Estimates for all bond amounts shall be provided by the applicant and
approved by the City Engineer.
(5) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and
storm drain improvement plans shall be approved by the City Engineer and surety
shall be posted and an agreement executed guaranteeing completion of all public and
private improvements.
(6) Details and notes shown on the vesting tentative map are not necessarily approved.
Any details or notes which may be inconsistent with requirements or ordinances,
general conditions of approval, or City policies shall be specifically approved to the
satisfaction of the City Engineer.
(7) All identified geologic hazards within the vesting tentative tract map boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the final
map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate
to the City the right to prohibit the erection of buildings or other structures within such
restricted use areas shown on the final map. All identified geologic hazards within the
vesting tentative tract boundaries which cannot be eliminated as approved by the City
Engineer shall be indicated on the final map as "Restricted Use Area" subject to
geologic hazard. The applicant shall dedicate to the City the right to prohibit the
erection of buildings or other structures within such restricted use areas shown on the
final map.
(8) Prior to final map approval and the issuance of grading permit(s), surety shall be
posted and an agreement executed guaranteeing completion of all drainage facilities
necessary for dewatering all parcels to the satisfaction of the City Engineer.
(9) Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map, as approved by the City Engineer.
(10) Prior to finalization of any development phase, sufficient street, sewer, and drainage
improvements shall be completed beyond the phase boundaries to assure secondary
access, proper outfall for sewers and
drainage protection to the satisfaction of the City Engineer. Phase boundaries shall
correspond to lot lines shown on the final map.
(11) Prior to final map approval, applicant shall submit to the City Engineer the detail cost
estimates for bonding purposes of all public improvements.
(12) Prior to any work performed in the street right-of-way, fees shall be paid and a
construction permit shall be obtained from the Public Works Division in addition to any
other permits required.
(13) Applicant shall label and delineate on the final map any private drives or fire lanes to
the satisfaction of the City Engineer.
14
(14) Applicant shall submit recorded document(s) from the Diamond Bar Country Estates
Association indicating the project will have proper/adequate right -of -entry to the
subject site.
(15) Easements, satisfactory to the City Engineer and the utility companies, for public utility
and public services purposes shall be offered and shown on the final map for
dedication to the City.
(16) After the final map records, applicant shall submit to the Public Works/Engineering
Division, at no cost to the City, a full size reproducible copy of the recorded map. Final
approval of the public improvements shall not be given until the copy of the recorded
map is received by the Engineering Division.
(17) Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by
appropriate individuals certifying the plan for all improvements at no cost to the City.
(18) All improvements for the subject tract shall be coordinated with any existing or
proposed maps including TTM 53430 to the south.
(19) Applicant shall contribute funds to a separate engineering trust deposit against which
charges can be made by the City or its representatives for services rendered.
Charges shall be on an hourly basis and shall include any City administrative costs.
(20) Applicant shall provide digitized information in an Auto CADD format defined by the
City for all related plans, at no cost to the City.
(21) All activities/improvements proposed for this map shall be wholly contained within the
boundaries of the map. Should any off-site activities/improvements be required,
approval shall be obtained from the affected property owner and the City as required
by the City Engineer.
e. Grading
(1) Exterior grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between the
hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by
grading and construction activities shall be reduced by watering the soil prior to and
during the activities and in accordance with South Coast Air Quality Management
District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible.
Additionally, all construction equipment shall be properly muffled to reduce noise
levels.
(2) All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed within a 6
foot -high chain link fence. All access points in the defense shall be locked whenever
15
the construction site is not supervised.
(3) Precise grading plans for each lot shall be submitted to the Community and
Development Services Department/Planning Division for approval prior to issuance of
building permits. (This may be on an incremental or composite basis).
(4) Grading of the subject property shall be in accordance with the California Building
Code, City Grading Ordinance, Hillside Management Ordinance and acceptable
grading practices. The maximum grade of driveways serving building pad areas shall
be 15 percent.
(5) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and
geology report shall be submitted to the City Engineer for approval. Said report shall
be prepared by a qualified engineer and/or geologist licensed by the State of
California. Prior to the issuance of a grading permit, the report shall address, but not
be limited to the following:
(a) Stability analyses of daylight shear keys with a 1:1 projection
from daylight to slide plane; a projection plane shall have a
safety factor of 1.5;
(b) All soils and geotechnical constraints (i.e., landslides, shear key
locations, etc.) shall be delineated in detail with respect to
proposed building envelopes. Restricted use areas and
structural setbacks shall be considered and delineated prior to
recordation of the final map;
(c) Soil remediation measures shall be designed for a "worst case"
geologic interpretation subject to verification in the field during
grading;
(d) The extent of any remedial grading into natural areas shall be
clearly defined on the grading plans;
(e) Areas of potential for debris flow shall be defined and proper
remedial measures implemented as approved by the City
Engineer;
(f) Gross stability of all fill slopes shall be analyzed as part of
geotechnical report, including remedial fill that replaces natural
slope;
(g) Stability of all proposed slopes shall be confirmed by analysis as
approved by the City Engineer;
(h) All geologic data including landslides and exploratory
excavations must be shown on a consolidated geotechnical map
using the 40 -scale final grading plan as a base; and
(i) All geotechnical and soils related findings and recommendations
shall be reviewed and approved by the City Engineer prior to
issuance of any grading permits and recordation of the final map.
16
(6) Prior to issuance of grading permits, storm drain improvement plans shall be approved
by the City Engineer and County and surety shall be posted and an agreement
executed guaranteeing completion of all drainage facilities to the satisfaction of the
City Engineer.
(7) Final grading plans shall be designed in compliance with the recommendations of the final
detailed soils and engineering geology reports. All remedial earthwork specified in the
final report shall be incorporated into the grading plans. Final grading plans shall be
signed and stamped by a California registered Civil Engineer, registered Geotechnical
Engineer and registered Engineering Geologist and approved by the City Engineer.
(8) A Standard Urban Stormwater Management Plan (SUSMP) conforming to City
Ordinance is required to be incorporated into the grading plan and approved by the
City Engineer.
(9) All slopes shall be seeded with native grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion of grading or some other alternative
method of erosion control shall be completed to the satisfaction of the City Engineer
and a permanent irrigation system shall be installed.
(10) An erosion control plan shall be approved by the City Engineer. Erosion control plans
shall be made in accordance to the City's NPDES requirements.
(11) No grading or any staging or any construction shall be performed prior to final map
approval by the City Council and map recordation. All pertinent improvement plans
shall be approved by the City Engineer prior to final map approval by the City Council.
(13) Prior to final map approval, the applicant shall submit plans that delineate adjustments
to the grades of Lots 4 and 5. The grade adjustment shall match the elevation of the
adjacent development Tentative Tract Map No. 53430 which is located to the south of
VTTM 53670. Said grade adjustments shall be subject to the review and approval of
the City Engineer.
f. Drainage
(1) All drainage improvements necessary for dewatering and protecting the subdivided
properties shall be installed prior to issuance of building permits, for construction upon
any parcel that may be subject to
drainage flows entering, leaving, or within a parcel relative to
which a
building permit is requested.
(2) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained from the Army Corps of Engineers and an
agreement with the California Department of Fish and Game shall be obtained and
submitted to the City Engineer.
(3) Storm drainage facilities shall be constructed within the street right-of-way or in
17
easements satisfactory to the City Engineer and the Los Angeles County Flood Control
Districts. All storm drain facilities plans shall be plan checked by the County of Los
Angeles and all fees required shall be paid by the applicant.
(4) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format
shall be submitted to and approved by the City Engineer and Los Angeles Public
Works Department prior to grading permit. All drainage facilities shall be designed and
constructed as required by the City Engineer and in accordance with County of Los
Angeles Standards. Private (and future) easements for storm drain purposes shall be
offered and shown on the final map for dedication to the City.
(5) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study
shall be prepared by a Civil Engineer registered in the State of California to the
satisfaction of the City Engineer and. Los Angeles Public Works Department.
(6) Applicant shall construct grading and drainage facilities on VTTM 53670 with a dry
pipe for future storm drain extension from the outlet manhole shown south to the
southerly end of Street A curb return to accommodate future extension.
g. Street
(1) Prior to final map approval, street names shall be submitted for City review and
approval. Street names shall not duplicate existing streets within the City of Diamond
Bar's postal service zip code areas.
(2) House numbering plans shall be submitted to and approved by the City Engineer prior
to issuance of building permits.
(3) Prior to final map recordation, the applicant shall submit plans delineating the
improvement and extension of Alamo Heights Drive for the City's review and approval.
The improvement and extension shall occur along the project site that fronts Alamo
Heights Drive to the most southern boundary of the proposed map. The improvement
and extension shall align with and be compatible with proposed VTTM 53430. The
improvement and extension of Alamo Heights Drive shall be completed prior to final
inspection of grading activities.
(4) Prior to the issuance of any City permits, the applicant shall provide written permission
to the satisfaction of the City from any property owners which will be affected by offsite
grading.
(5) Lowering the grade of Alamo Heights Drive is necessary in order to align the road with
proposed VTTM 53430. As a result, it shall be necessary to reconstruct the driveway
of 2510 Alamo Heights Drive (Lot 116 of Tract 30578) to match the new grade of
Alamo Heights Drive. Therefore, the applicant shall submit plans for the driveway
reconstruction for City review and approval and shall reconstruct the driveway to the
satisfaction of the City Engineer. The driveway reconstruction shall be completed prior
to the completion of Alamo Heights Drive improvements.
(6) Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil
Engineer, shall be submitted to and approved by the City Engineer. Streets shall not
exceed a maximum slope of 12 percent.
(7) New street centerline monuments shall be set at the intersections of two or more
streets, intersections of two or more streets, intersections of streets with tract
boundaries and to mark the beginning and ending of curves or the points of
intersection of tangents thereof. Survey notes showing the ties between all
monuments set and four (4) durable reference points for each shall be submitted to the
City Engineer for approval in accordance with City Standards, prior to issuance of
Certificate of Occupancy.
(8) The design and construction of private street improvements shall be to City and
County standards and designed to a design speed of 35 mph.
(9) Prior to building occupancy, applicant shall construct base and pavement for all streets
in accordance with soils report prepared by a California registered soils engineer and
approved by the City Engineer or as otherwise directed by the City Engineer.
(10) The extension of Alamo Heights partial road extension south of Street "A" shall be
constructed as a partial width roadway with paving up to 24 feet in width and with
proper termini facilities per County standards. Said paving shall be at grades that can
accommodate utility extensions as necessary for future development to the south as
required by the City Engineer.
(11) Alamo Heights Drive (north of Street "A" shall be designed and constructed at full width
north of the Tract Boundary to the requirements of the City Engineer.
h. Utilities
(1) Prior to final map approval, a water system with appurtenant facilities to serve all
lots/parcels in the land division designed to the Walnut Valley Water District (WVWD)
specifications shall be provided and approved by the City Engineer. The system shall
include fire hydrants of the type and location as determined by the Los Angeles County
Fire Department. The water mains shall be sized to accommodate the total domestic
and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department.
(2) Prior to final map approval, the applicant shall construct or enter into an improvement
agreement with the City guaranteeing construction of the necessary improvements to
the existing water system according to Walnut Valley Water District (WVWD)
specifications to accommodate the total domestic and fire flows as may be required by
the City Engineer, WVWD and Fire Department.
(3) Prior to recordation of final map, applicant shall provide separate underground utility
services to each parcel per Section 21.24.400 of Title 21 of the City Code, including
water, gas, electric power, telephone and cable TV, in accordance with the respective
utility company standards. Easements required by the utility companies shall be
approved by the City Engineer.
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(4) Applicant shall relocate and underground any existing on-site utilities to the satisfaction
of the City Engineer and the respective utility owner.
(5) Prior to submittal of the final map, written certification from Walnut Valley Water
District, Verizon, SCE, SCG and Century Communications stating that adequate
facilities are or will be available to serve the proposed project shall be submitted to the
City.
(6) Underground utilities shall not be constructed within the drip line of any mature tree
except as approved by a registered arborist.
Sewers
(1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the
City and County Engineer to verify that capacity is available in the sewerage system to
be used as the outfall for the sewers in this land division. If the system is found to be
of insufficient capacity, the problem shall be resolved to the satisfaction of the County
Engineer.
(2) Each dwelling unit shall be served by a separate sewer lateral which shall not cross
any other lot lines. The sanitary sewer system serving the tract shall be connected to
the City or District sewer system. Said system shall be of the size, grade and depth
approved by the City Engineer, County Sanitation District and Los Angeles County
Public Works Division and surety shall be provided and an agreement executed prior
to approval of the final map.
(3) Applicant shall obtain connection permit(s) from the City and County Sanitation District
prior to issuance of building permits. The area within the tentative map boundaries
shall be annexed into the County Consolidated Sewer Maintenance District and
appropriate easements for all sewer main and trunk lines shall be shown on the final
map and offered for dedication on the final map.
(4) Applicant, at applicant's sole cost and expense, shall construct the sewer system in
accordance with the City, Los Angeles County Public Works Division and County
Sanitation District Standards prior to occupancy.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K.
Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boulevard, Diamond
Bar, CA 91765.
APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY 2005, BY THE
20
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
113
Wen P. Chang, Mayor
I, Linda C. Lowry, 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 the 4th day of January, 2005 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Linda C. Lowry, City Clerk,
City of Diamond Bar
21
ORDINANCE NO. (2005)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE
CHANGE NO. 2002-03 WHICH CHANGES THE EXISTING ZONING FROM R-
1-20,000 TO RURAL RESIDENTIAL (RR) FOR A PROPERTY LOCATED AT
THE SOUTHERLY TERMINUS OF APPROXIMATELY 7.5 ACRES
IDENTIFIED AS APN #8713-028-030 AND LOCATED AT THE SOUTHERLY
TERMINUS OF ALAMO HEIGHTS DRIVE (EAST SIDE), DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General
Plan established land use designations, goals, objectives and strategies implementing the
community's vision for its future.
2. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC
has filed an application for Zone Change No. 2002-03 for a property identified as APN #8713-
024-002 located at the southerly terminus of Alamo Heights Drive (east side), Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall
be referred to as the "Application."
3. On November 23, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application. At that time, the
Planning Commission adopted Resolution No. 2004-53 recommending City Council approval
of the Application.
4. On December 16 2004, public hearing notices were mailed to approximately 115
property owners of record within a 1,000 -foot radius of the project site. On December 23,
2004, notification of the public hearing for this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were posted in
three public places within the City of Diamond Bar and the project site was posted with a
display board by December 20, 2004. Additionally and pursuant to Public Resource Code,
Section 21092.5, agencies commenting on the project's Environmental Impact report were
notified in writing of the January 4, 2005 City Council public hearing on December 20, 2004.
5. On January 4, 2005, the City Council of the City of Diamond Bar conducted and
22
concluded a duly noticed public hearing on the Application.
6. The City Council of the City of Diamond Bar does hereby approve Zone Change No.
2002-03 based on the following findings, as required by Municipal Code Section 22.70.050
and in conformance with California Government Code Section 65853 and 65860.
7. Following due consideration of public testimony, staff analysis and the Planning
Commission recommendation, the City Council hereby finds that Zone Change No. 2002-03
set forth within amends the Zoning Map and is consistent with the General Plan and the
adopted goals and policies of the City, and that the Zoning Map does not presently reflect the
General Plan land use designation of Rural Residential for the subject property. Zone
Change No. 2002-03 will replace the City's Zoning Map, in conformance with the General
Plan by designating the subject property as Rural Residential (RR).
8. The City Council hereby finds that the zone change identified above in the Ordinance
was addressed in Environmental Impact Report No. 2004-01 (SCH #2003071051) prepared
for Vesting Tentative Tract Map No. 53670 according to the requirements of the California
Environmental Quality Act (CEQA) and guidelines promulgated hereunder and determined
not to have a significant effect on the environment.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
1. The zoning designation for the following property identified as APN #8713-028-030 is
hereby changed from R-1-20,000 to Rural Residential (RR) and shall allow uses listed for the
RR zoning districts in Table 2-3 of the Development Code.
2. The City Clerk is directed to amend the Zoning Map to reflect the referenced property's
new zoning designation
In
PASSED, APPROVED AND ADOPTED THIS DAY OF
2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
Wen P. Chang, Mayor
23
I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar
held on the day of , 2005 and was finally passed at a regular meeting of the
City Council of the City of Diamond Bar held on the day of , 2005 by the
following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
24
Linda C. Lowry, City Clerk,
City of Diamond Bar
CITY COUNCIL
RESOLUTION NO. 2005 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT
CONDITIONAL USE PERMIT NO. 2002-17 AND TREE PERMIT
NO. 2002-12 FOR VESTING TENTATIVE TRACT MAP NO.
53670, A FIVE LOT RESIDENTIAL SUBDIVISION FOR THE
EVENTUAL DEVELOPMENT OF FIVE SINGLE-FAMILY CUSTOM
HOMES AND THE REMOVAL/REPLACEMENT OF OAK AND
WALNUT TREES. THE PROJECT SITE IS LOCATED AT THE
SOUTHERLY TERMINUS OF ALAMO HEIGHTS DRIVE (EAST
SIDE), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC
has filed an application for Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12
related to Vesting Tentative Tract Map No. 53670 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Conditional Use Permit and Tree Permit shall be
referred to as the "Application."
2. On November 23, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
3. On December 16 2004, public hearing notices were mailed to approximately 115
property owners of record within a 1,000 -foot radius of the project site. On December 23,
2004, notification of the public hearing for this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were posted in
three public places within the City of Diamond Bar and the project site was posted with a
display board by December 20, 2004. Additionally and pursuant to Public Resource Code,
Section 21092.5, agencies commenting on the project's Environmental Impact report were
notified in writing of the January 4, 2005 City Council public hearing on December 20, 2004.
4. On January 4, 2005, the City Council of the City of Diamond Bar conducted and
concluded a duly noticed public hearing on the Application.
25
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The City Council hereby finds that the project identified above in this
Resolution required and Environmental Impact Report (EIR). EIR No. 2004-
01 (SCH # 2003071051) has been prepared according to the requirements of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. For the EIR the 45 day public review period began July 23, 2004
and ended September 6, 2004. Furthermore, the City Council has reviewed
the EIR and related documents in reference to the Application.
3. The City Council hereby specifically finds and determines that, having considered the
record as a whole including the findings set forth below, and changes and alterations which
have been incorporated into and conditioned upon the proposed project set forth in the
application, there is no evidence before this City Council that the project proposed herein will
have the potential of an adverse effect on wild life resources or the habitat upon which the
wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the
presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California
Code of Regulations.
4. Based on the findings and conclusions set forth herein, this City Council hereby finds
as follows:
(a) The project relates to vacant land located at terminus of Alamo Heights Drive (on the
east side) within a gated community identified as "The Country Estates" which consists
of large single-family homes. The project site is directly south of Alamo Heights Drive
which would be extended to provide access to the project site.
(b) The project site has a General Plan land use designation of Rural Residential (RR)
Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot Size 20,000
Square Feet (R-1-20,000) Zone.
(d) Generally to the north, south, east and west, the Single Family Residence -Minimum
Lot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site.
(e) The Application request is to certify the Environmental Impact Report; to subdivide a
7.5 acres site into five parcels with a minimum lot size of one acre for the eventual
26
development of five single-family custom homes; to change the existing zoning from R-
1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; and to
remove and replace oak and walnut trees.
Conditional Use Permit/Hillside Management
The City Council shall evaluated a Conditional Use Permit for hillside
development based on the following objectives and required findings
(f) The preservation of natural topographic features and appearances by means of
landform grading so as to blend man-made or manufactured slopes into the natural
topography;
The proposed map is a five lot residential subdivision for the eventual development of
five single-family custom homes. The map approval includes grading the project site
in a manner that will create five developable pads, Street "A" within the map
boundaries and the extension of Alamo Height Drive. The proposed project will result
in changes in the existing topography of the project site. Grading will create
manufactured slopes at a 2:1(horizontal to vertical) ratio utilizing a landform grading
technique. As a result, manufactured slope will have characteristics resembling slopes
created by nature. Round -off cut edges will be utilized to conform to the natural grade.
Proper transitioning to natural slopes will be achieved through the use of irregular
curvilinear shapes that will blend into the adjoining topography. Revegetaion of the
manufactured slope will be applied in patterns which occur in nature. Down slope
drainage devices will be designed to follow the natural lines of the landform graded
manufactured slopes, or tucked away in special swale and berm combinations in order
to conceal the drains from view. Therefore, the proposed project will provide the
appearance of natural topographic features by means of landform grading so as to
blend man-made or manufactured slopes into the natural topography.
(g) The preservation of natural features and appearances through restrictions on
successive padding and terracing of building sites;
The proposed map is not the type of project that would tend to utilize successive
padding and terracing of building sites. The project is located within a gated
community that has a General Plan land use designation of Rural Residential which
prescribes minimum lot sizes at one acre and with a maximum of one dwelling unit per
acre. The zoning designation as prescribe in Zone Change 2002-03 for this project
also requires minimum lot sizes of one acre with a maximum of one dwelling unit per
acre. As such, the proposed map is in compliance with the General Plan and will be
able to accommodate the applicable development standards of the RR zoning district
as well as development standards set forth in the conditions of approval.
(h) The retention of major natural topographic features, drainage courses, steep slopes,
watershed areas, vernal pools, view corridors, and scenic vistas;
EIR No. 2004-01 (SCH #2003071051) has been prepared for the proposed project and
has analyzed visual impacts, scenic resources, drainage courses, watershed areas,
27
steep slopes and vernal pools. Although the project site is currently undeveloped
vacant land, it does not contain any unique aesthetic features or scenic resources.
Topographic features and slopes have been addressed above in Finding (f) and with
mitigation measures from the Mitigation Monitoring Program that will be incorporated
into the proposed project, it is anticipated that the environmental impacts related to
topographic features and slopes will be mitigated to a level of less than significant.
Pursuant to the EIR, the proposed project site lies within the "Los
Angeles -San Gabriel" Hydrology Unit and is in the San Gabriel River
watershed boundaries. The watershed originates in the San Gabriel
Mountains and eventually water discharges into the Pacific Ocean. For
the project site, a drainage plan was prepared. The project site, as
undeveloped land, does not contain any existing drainage facilities.
Storm water currently drains into an un -named tributary of Tonner
Canyon Creek. Off-site areas and manufactured slopes within the
footprint of the project site would be routed via brow ditches to the
southern project boundary. After construction of the project, storm
water runoff from the site would continue to drain into Tonner Canyon
Creek. Therefore, the existing drainage pattern would not be
substantially altered. Additionally, vernal pools are not related to the
proposed project.
According to the EIR, prominent visual characteristics of
the project site are the natural landscape features, including the
undeveloped hillside and the natural vegetation within the project
boundaries. There are no exceptional or unique aesthetic features or
scenic vistas present within the project boundaries. Only existing
homes adjacent to the project site or on adjacent ridgelines have
views of the project site. With the incorporation of mitigation measure
such as: using landform grading techniques in order to minimize the
visual impacts to the natural topography and maintain the look of
natural slopes to the maximum extent, revegetation of manufacture
slopes on the project site with natural and drought tolerant plant
material, and the planting of vegetation associated with the future new
homes will contribute to the visual continuity of the project site with the
surrounding environment. As a result, aesthetic and visual impacts
associated with the proposed project will be less than significant.
(o) The preservation and enhancement of prominent landmark features, significant
ridgeline, natural rock outcropping, protected trees and woodlands (Chapter 22.28,
Tree Preservation and Protection), and other areas of special natural beauty;
The preservation and enhancement of prominent landmark features and significant
ridgeline is addressed in the above referenced Findings (0 and (h). According to the
EIR, natural rock outcroppings do not exist at the project site.
According to the EIR prepared for the project site, focused
surveys were prepared for native trees and special status
plants/vegetation. The potential significance of environmental impacts
on biological resources has been assessed. The proposed project
would impact 2.96 acres of oak woodland, 2.28 acres of walnut
woodland 71 coast live oak trees, 26 scrub oak and 111 southern
California black walnut trees. However, with the incorporation of
mitigation measures as follows and prescribed in the Mitigation
Program, the cumulative impacts would be reduced to level of less
than significant. The mitigation measures are as follows:
• The site for mitigation will be determined in coordination with the
project applicant, the City and resource agencies;
• A combination of on-site or off-site preservation and/or restoration
at no less than a 1:1 acreage ratio;
• Native tree protection at a 3:1 ratio to replace 71 coast live oak
trees, 26 scrub oak and 111 California black walnuts (for a total of
208 trees to be replaced);
• Develop a planting schedule which requires planting to occur in
late fall early winter between October 30, to January 301-
•
0;• Biological monitoring;
• Obtain appropriate permits from California Department of Fish and
Game,
• U.S. Fish and Wildlife Services, U.S. Army Corps of Engineers
and State Water Resources Control Board; and
• Lighting plan reviewed and approved by the City demonstrating
that lighting from the project will be directed away from natural
open space areas.
(p) The utilization of varying setbacks, building heights, foundation design and compatible
building forms, materials, and colors which serve to blend buildings into the terrain;
The proposed map will cause the eventual development of five custom single-family
homes. The homes will be required to comply with development standards set forth by
conditions of approval within this resolution that relate to setbacks, building height and
the location of accessory structures. Additionally, future homes will be required to
obtain approval through the City's Development Review process. Colors and material
will be required to be compatible with other homes in the surrounding area.
Furthermore, the City's Design Guidelines will also apply to the development of future
homes. Foundation design will be required to comply with the California Uniform
Building Code.
(q) The utilization of clustered sites and buildings on more gently sloping terrain so as to
reduce grading alterations on steeper slopes;
As referenced above in Finding (g), the proposed map is not the type of project that
would tend to utilize clustering of sites and building due to the General Plan land use
designation and proposed zoning district which is compliance with the General Plan.
29
The project is located within a gated community that has a General Plan land use
designation of Rural Residential which prescribes minimum lot sizes at one acre and
with a maximum of one dwelling unit per acre. The zoning designation as prescribe in
Zone Change 2002-03 for this project also requires minimum lot sizes of one acre with
a maximum of one dwelling unit per acre. As such, the proposed map is in compliance
with the General Plan and will be able to accommodate the applicable development
standards of the RR zoning district as well as development standards set forth in the
conditions of approval. Furthermore Finding (0 referenced above, discusses grading
alterations on slopes.
(r) The utilization of building designs, locations, and arrangements, which serve to avoid a
continuous intrusive Skyline effect and which afford a few privacy and protection;
At this time, the construction of residential units is not part of the application request.
The future development will be required to obtain approval through the City's
Development Review process and comply with the City's Design Guidelines and
comply with development standards set forth in this resolution. This process analyzes
building designs, locations, and arrangements, privacy and protection.
(s) The preservation and introduction of plant materials are to protect slopes from soil
erosion and slippage and minimize the visual effect of grading and construction and
hillside area; and
Grading will create manufactured slopes at a 2:1 (horizontal to vertical) ratio utilizing a
landform grading technique. As a result, manufactured slopes will have characteristics
resembling slopes created by nature. Round -off cut edges will be utilized to conform
to the natural grade. Proper transitioning to natural slopes will be achieved through
the use of irregular curvilinear shapes that will blend into the adjoining topography.
Revegetaion of the manufactured slope will be applied in patterns which occur in
nature, thereby minimizing the visual effect of grading. The revegetation will be
accomplished with suitable plant material requiring minimal cultivation and irrigation in
order to thrive, thereby fostering slope stability and minimizing the potential for erosion.
(t) The utilization of street designs and improvements which serve to minimize grading
alterations and harmonize with the natural contours and character of the hillside;
The proposed project is located at the terminus of Alamo Heights Drive. The project
proposes one street, identified as Street "A'; that will take access off of Alamo Heights
Drive. However, the applicant will be required to improve and extend Alamo Heights
Drive along the project site to the most southern boundary of the proposed map. The
improvement and extension shall align with and be compatible with existing
development and proposed VTTM 53430. It will be required that the grade of Alamo
Heights Drive be lowered in order to align the road with proposed VTTM 53430. All
improvements and the extension of Alamo Heights Drive will be constructed to the
satisfaction of the City Engineer.
Tree Permit
30
(It shall be necessary that one or more of the following findings is made, otherwise
the application shall be denied.)
(q) The tree is so poorly formed due to stunted growth that its preservation would not
result in any substantial benefits to the community;
(r) The tree interferes with utility services, or streets and highways, either within or outside
of the subject property, and no reasonable alternative exists other than removal or
pruning of the tree(s);
(s) The tree is a potential public health and safety hazard due to the risk of it falling and its
structural instability cannot be remediated;
(t) The tree is a public nuisance by causing damage to improvements, (e.g., building
foundation, retaining walls, roadways/driveways, patios, and decks);
(u) The tree is host to an organism, which is parasitic to another species of tree that is in
danger of being exterminated by the parasite;
(v) The tree belongs to a species which is known to be a pyrophitic or highly flammable
and has been identified as a public safety hazard; and
(w) Preservation of the tree is not feasible and would compromise the property owner's
reasonable use and enjoyment of property or surrounding land and appropriate
mitigation measures will be implemented in compliance with Section 22.38.130 (Tree
Replacement/Relocation Standards
According to the EIR prepared for the project site, focused
surveys were prepared for native trees and special status
plants/vegetation. The potential significance of environmental impacts
on biological resources has been assessed. The proposed project
would impact 2.96 acres of oak woodland, 2.28 acres of walnut
woodland 71 coast live oak trees, 26 scrub oak and 111 southern
California black walnut trees. Preservation of the said specified
vegetation impedes the grading of the project site and the
development of buildable pads, thereby compromising the applicant's
ability to reasonably develop the subject site. However, with the
incorporation of mitigation measures as prescribed in the Mitigation
Program incorporated into the EIR, the impacts would be reduced to
level of less than significant. The mitigation measures are as follows:
The site for mitigation will be determined in coordination with the
project applicant, the City and resource agencies;
A combination of on-site or off-site preservation and/or restoration
at no less than a 1:1 acreage ratio;
Native tree protection at a 3:1 ratio to replace 71 coast live oak
31
trees, 26 scrub oak and 111 California black walnuts (for a total of
208 trees to be replaced);
• Develop a planting schedule which requires planting to occur in
late fall early winter between October 30, to January 301-
•
0;• Biological monitoring;
• Obtain appropriate permits from California Department of Fish and
Game,
• U.S. Fish and Wildlife Services, U.S. Army Corps of Engineers
and State Water Resources Control Board; and
5. Based on the findings and conclusions set forth above, the City Council hereby
approves Hillside Management Conditional Use Permit No. 2002-17 and Tree Permit No.
2002-12 for VTTM 53670 subject to the following the following conditions:
a. General
(1) The project site shall be developed in substantial conformance with VTTM 53670,
except as conditions herein, and as conditioned in Zone Change No. 2002-03,
Conditional Use Permit No. 2002-17, and Tree Permit No.2002-12 submitted to and
approved by the City Council collectively attached hereto as Exhibit "A" -the subdivision
map, Exhibit "B" - Mitigation Monitoring Program dated November 11, 2004, and
Exhibit "C" - Environmental Impact Report as modified herein.
(2) The site shall be maintained in a condition, which is free of debris both during and after
the construction, addition, or implementation of the entitlement granted herein. The
removal of all trash, debris, and refuse, whether during or subsequent to construction
shall be done only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection, transportation,
and disposal of solid waste from residential, commercial, construction, and industrial
areas within the City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar to provide such
services.
(3) This grant shall be null and void and of no affect unless the
Environmental Impact Report No. 2004-01 (SCH #2003071051) is
certified and Tentative Tract Map No. 53670, the Mitigation Monitoring
Program and Zone Change Number 2002-03 are approved.
(4) This approval shall not be effective for any purpose until the applicant and owner of the
property involved have filed within 15 days of approval of this map, at the City of
Diamond Bar Community and Development Services Department/Planning Division an
Affidavit of Acceptance stating that they are aware of it agreed to accept all the
conditions of this approval. Further, this approval shall not be effective until the
applicant pays all remaining Planning Division fees.
(5) In accordance with Government Code Section 66474.9(b) (1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding
32
to attack, set-aside, void or annul, the approval of VTTM 53670
brought within the time period provided by Government Code Section
66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action: In accordance with
Government Code Section 66474.9(b) (1), the applicant shall defend,
indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of VTTM 53670 brought within the time
period provided by Government Code Section 66499.37. In the event
the city and/or its officers, agents and employees are made a party of
any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims;
and
(b) Applicant shall promptly pay any final judgment rendered against
the City descendents.
The City shall promptly notify the applicant or any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
(6) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and
all other applicable construction codes, ordinances and regulations in effect at the time
the application was deemed complete.
(7) Notwithstanding any previous subsection of the resolution, the Department of Fish and
Game requires payment of the fee pursuant to
33
Section 711.4 of that Fish and Game Code. Said payment shall be made by the
applicant to the city with in five days of this grant's approval.
(8) Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication
for parkland pursuant to Subdivision Ordinance Chapter 21.32.
(8) Applicant shall pay development fees (including but not limited to
Planning, Building and Safety, Public Works and Engineering Divisions
and Mitigation Monitoring) at the established rates, prior to final map
approval, issuance of building or grading permit (whichever comes
first), as required by the City. School fee shall be paid prior to the
issuance of a Building and Safety Division permit. Additionally, the
applicant shall pay all remaining prorated City project review and
processing fees prior to the map's recordation as required by the City.
(10) Pursuant to Subdivision Map Act Section 66463.5, VTTM 53670 is
valid for three years. An extension of time may be requested in writing
and shall only be considered if submitted to the city no less than 60
days prior to approval's expiration date. Final map approval will not be
granted unless the map is in substantial compliance with VTTM 53670
including all conditions and the applicant has entered into a
subdivision improvement agreement to the satisfaction of the City
Attorney.
(11) The project site shall be maintained and operated in full compliance with the conditions
of approval and all laws, or other applicable regulations.
b. Planning
(1) The Mitigation Monitoring Program outlined in Environmental Impact No. 2004-01
(SCH #2003071051) and approved by the City shall be implemented and complied
with rigorously. The mitigation monitoring fees shall be deposited with the City, 90
days prior to the issuance of a grading permit. All costs related to the ongoing
monitoring shall be secured from the applicant and received by the City prior to the
approval of the final map.
(2) Prior to final map recordation, the applicant shall provide evidence of annexation into
"The Country Estates" Homeowners Association. Each lot of VTTM 53670 shall be
subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's).
(3) Prior to the final map recordation, the application shall provide the City with a "Buyer's
Awareness Package." for the City's review and approval. The "Buyer's Awareness
Package" shall include, but is not limited to, information pertaining to geological issues
regarding the property, wildlife corridors, oak and walnut trees, natural vegetation
preservation issues, maintenance program for urban pollutant basins, fuel
modification, all mitigation measures within the Mitigation Monitoring Program and
Exhibit "A" which delineates each lot's building envelope, explanatory information
pertaining to restrictions on the use of properties as necessary, and similar related
34
matters. The applicant shall give each buyer a copy of the "Buyer's Awareness
Package" and shall document their receipt of the same in the escrow instructions of
each lot and document their receipt to the City.
(4) Applicant, through the "Buyer's Awareness Program" shall encourage, the segregation
of green waste for reuse as specified under the City's Source Reduction Recycling
Element, and County Sanitation District's waste division policies.
(5) Proposed future custom single-family residential units shall comply with the City's
Development Review process.
(6) All single-family residential units shall be required to obtain Development Review
approval. Additionally, single-family residential dwelling units shall utilize the following
development standards:
(a) Front yard setback minimum 30 feet from front property line;
(b) Side yard setbacks minimum 10 and 15 feet from the edge of the
buildable pad or side property lines, whichever is applicable;
(c) Distance between single-family residential dwelling units shall be
a minimum of 40 feet;
(d) Rear yard setback minimum 25 feet from the edge of the
buildable pad or rear property line, whichever is applicable; and
(e) Accessory structures shall utilize setback distances from the
edge of pad or property line whichever is applicable and be
consistent with the Rural Residential zoning district at the time of
permit issuance.
(7) All ground -mounted utility appurtenances such as transformers, air conditioning
condensers, etc. shall be located out of public view and adequately screened through
the use of a combination of concrete or masonry walls, berms, and/or landscaping to
the satisfaction of the Planning Division.
(8) All lighting fixtures adjacent to interior property lines shall be approved by the Planning
Division as to type, orientation and height.
(9) All terrace drains and drainage channels shall be constructed in muted earth tones so
as not to impart adverse visual impacts. Terrace drains shall follow landform slope
configuration and shall not be placed in an exposed positions. All down drains shall be
hidden in swales diagonally or curvilinearly across a slope face.
(10) Prior to the issuance of a grading permit or the initiation of any activity that involves the
removal/disturbance of oak and walnut woodland habitat, the applicant shall develop a
detail oak and walnut woodland mitigation plan in accordance with the EIR's Mitigation
Program and submit the plan to the City for review and approval. Mitigation shall
include offsite preservation and or restoration at no less than 1:1 acreage ratio. The
native trees protected under the City's tree preservation and protection standards
require a minimum replacement ratio of 3:1. It is estimated that 71 coast live oak, 26
35
scrub oak and 111 southern California black walnuts will be removed by a the project's
development, totaling to 208 trees.. However, mitigation offsite shall be in accordance
with the requirements and approval of the California Department of Fish and Game. If
in -lieu fees are utilized for a part of or all mitigation, this mitigation method shall also
be in accordance with the requirements and approval of the California Department of
Fish and Game and the City of Diamond Bar.
(11) Prior to the issuance of any City permits, the applicant shall submit a revegetation
landscape plan and irrigation plan for slopes within the project site for the City's review
and approval. Said slope shall be landscaped at the completion of grading activities.
All slope planting and irrigation and revegetation areas shall be continuously
maintained in a healthy and thriving condition by the developer until each individual
unit is sold and occupied by the buyer. Prior to releasing occupancy for the units, an
inspection shall be conducted by the Planning Division to determine that the vegetation
is in satisfactory condition.
(12) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building
Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National
Electrical Code) requirements.
c. Fire Department
(1) Emergency access shall be provided, maintaining free and clear, a minimum 26 foot at
all times during construction in accordance with Fire Department requirements.
(2) Prior to the issuance of any building permits for combustible construction, evidence
shall be submitted to the Fire Department that temporary water supply for fire
protection is available pending completion of the required fire protection system.
(3) All required fire hydrants shall be installed and tested and accepted prior to
construction. Vehicular access must be provided and maintained serviceable
throughout construction.
(4) Prior to the issuance of a grading permit, the applicant shall submit a fuel modification
plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire
Department for review and approval.
(5) Prior to recordation, the final map shall comply with all Fire Department requirements.
d. Public Works/Engineering Division
General
(1) Prior to final map approval, written certification that all utility services and any other
service related to the site shall be available to serve the proposed project and shall be
submitted to the City. Such letters shall be issued by the district, utility and cable
television company, within ninety (90) days prior to final map approval.
36
(2) Prior to final map approval and when final map is submitted for plan check, a title
report/guarantee showing all fee owners, interest holders, and nature of interest shall
be submitted. The account shall remain open until the final map is filed with the
County Recorder. An updated title report/guarantee and subdivision guarantee shall
be submitted ten (10) working days prior to final map approval.
(3) Prior to the issuance of any City permits, the Applicant shall complete and record a
"Covenant and Agreement to Maintain a Single -Family Residence" on a form to be
provided by the City. The covenant shall be completed and recorded with the Los
Angeles County Recorders Office.
(4) Prior to final map approval, if any public or private improvements required as part of
this map have not been completed by applicant and accepted by the City, applicant
shall enter into a subdivision agreement with the City and shall post the appropriate
security. Cost Estimates for all bond amounts shall be provided by the applicant and
approved by the City Engineer.
(5) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and
storm drain improvement plans shall be approved by the City Engineer and surety
shall be posted and an agreement executed guaranteeing completion of all public and
private improvements.
(6) Details and notes shown on the vesting tentative map are not necessarily approved.
Any details or notes which may be inconsistent with requirements or ordinances,
general conditions of approval, or City policies shall be specifically approved to the
satisfaction of the City Engineer.
(7) All identified geologic hazards within the vesting tentative tract map boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the final
map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate
to the City the right to prohibit the erection of buildings or other structures within such
restricted use areas shown on the final map. All identified geologic hazards within the
vesting tentative tract boundaries which cannot be eliminated as approved by the City
Engineer shall be indicated on the final map as "Restricted Use Area" subject to
geologic hazard. The applicant shall dedicate to the City the right to prohibit the
erection of buildings or other structures within such restricted use areas shown on the
final map.
(8) Prior to final map approval and the issuance of grading permit(s), surety shall be
posted and an agreement executed guaranteeing completion of all drainage facilities
necessary for dewatering all parcels to the satisfaction of the City Engineer.
(9) Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map, as approved by the City Engineer.
(10) Prior to finalization of any development phase, sufficient street, sewer, and drainage
improvements shall be completed beyond the phase boundaries to assure secondary
access, proper outfall for sewers and drainage protection to the satisfaction of the City
37
Engineer. Phase boundaries shall correspond to lot lines shown on the final map.
(11) Prior to final map approval, applicant shall submit to the City Engineer the detail cost
estimates for bonding purposes of all public improvements.
(12) Prior to any work performed in the street right-of-way, fees shall be paid and a
construction permit shall be obtained from the Public Works Division in addition to any
other permits required.
(13) Applicant shall label and delineate on the final map any private drives or fire lanes to
the satisfaction of the City Engineer.
(14) Applicant shall submit recorded document(s) from the Diamond Bar Country Estates
Association indicating the project will have proper/adequate right -of -entry to the
subject site.
(15) Easements, satisfactory to the City Engineer and the utility companies, for public utility
and public services purposes shall be offered and shown on the final map for
dedication to the City.
(16) After the final map records, applicant shall submit to the Public Works/Engineering
Division, at no cost to the City, a full size reproducible copy of the recorded map. Final
approval of the public improvements shall not be given until the copy of the recorded
map is received by the Engineering Division.
(17) Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by
appropriate individuals certifying the plan for all improvements at no cost to the City.
(18) All improvements for the subject tract shall be coordinated with any existing or
proposed maps including TTM 53430 to the south.
(19) Applicant shall contribute funds to a separate engineering trust deposit against which
charges can be made by the City or its representatives for services rendered.
Charges shall be on an hourly basis and shall include any City administrative costs.
(20) Applicant shall provide digitized information in an Auto CADD format defined by the
City for all related plans, at no cost to the City.
(21) All activities/improvements proposed for this map shall be wholly contained within the
boundaries of the map. Should any off-site activities/improvements be required,
approval shall be obtained from the affected property owner and the City as required
by the City Engineer.
e. Grading
(1) Exterior grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between the
hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by
grading and construction activities shall be reduced by watering the soil prior to and
38
during the activities and in accordance with South Coast Air Quality Management
District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible.
Additionally, all construction equipment shall be properly muffled to reduce noise
levels.
(2) All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed within a 6
foot -high chain link fence. All access points in the defense shall be locked whenever
the construction site is not supervised.
(3) Precise grading plans for each lot shall be submitted to the Community and
Development Services Department/Planning Division for approval prior to issuance of
building permits. (This may be on an incremental or composite basis).
(4) Grading of the subject property shall be in accordance with the California Building
Code, City Grading Ordinance, Hillside Management Ordinance and acceptable
grading practices. The maximum grade of driveways serving building pad areas shall
be 15 percent.
(5) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and
geology report shall be submitted to the City Engineer for approval. Said report shall
be prepared by a qualified engineer and/or geologist licensed by the State of
California. Prior to the issuance of a grading permit, the report shall address, but not
be limited to the following:
(a) Stability analyses of daylight shear keys with a 1:1 projection
from daylight to slide plane; a projection plane shall have a
safety factor of 1.5;
(b) All soils and geotechnical constraints (i.e., landslides, shear key
locations, etc.) shall be delineated in detail with respect to
proposed building envelopes. Restricted use areas and
structural setbacks shall be considered and delineated prior to
recordation of the final map;
(c) Soil remediation measures shall be designed for a "worst case"
geologic interpretation subject to verification in the field during
grading;
(d) The extent of any remedial grading into natural areas shall be
clearly defined on the grading plans;
(e) Areas of potential for debris flow shall be defined and proper
remedial measures implemented as approved by the City
Engineer;
(f) Gross stability of all fill slopes shall be analyzed as part of
geotechnical report, including remedial fill that replaces natural
slope;
(g) Stability of all proposed slopes shall be confirmed by analysis as
approved by the City Engineer;
39
(h) All geologic data including landslides and exploratory
excavations must be shown on a consolidated geotechnical map
using the 40 -scale final grading plan as a base; and
(i) All geotechnical and soils related findings and recommendations
shall be reviewed and approved by the City Engineer prior to
issuance of any grading permits and recordation of the final map.
(6) Prior to issuance of grading permits, storm drain improvement plans shall be approved
by the City Engineer and County and surety shall be posted and an agreement
executed guaranteeing completion of all drainage facilities to the satisfaction of the
City Engineer.
(7) Final grading plans shall be designed in compliance with the recommendations of the
final detailed soils and engineering geology reports. All remedial earthwork specified
in the final report shall be incorporated into the grading plans. Final grading plans shall
be signed and stamped by a California registered Civil Engineer, registered
Geotechnical Engineer and registered Engineering Geologist and approved by the City
Engineer.
(8) A Standard Urban Stormwater Management Plan (SUSMP) conforming to City
Ordinance is required to be incorporated into the grading plan and approved by the
City Engineer.
(9) All slopes shall be seeded with native grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion of grading or some other alternative
method of erosion control shall be completed to the satisfaction of the City Engineer
and a permanent irrigation system shall be installed.
(10) An erosion control plan shall be approved by the City Engineer. Erosion control plans
shall be made in accordance to the City's NPDES requirements.
(11) No grading or any staging or any construction shall be performed prior to final map
approval by the City Council and map recordation. All pertinent improvement plans
shall be approved by the City Engineer prior to final map approval by the City Council.
(13) Prior to final map approval, the applicant shall submit plans that delineate adjustments
to the grades of Lots 4 and 5. The grade adjustment shall match the elevation of the
adjacent development Tentative Tract Map No. 53430 which is located to the south of
VTTM 53670. Said grade adjustments shall be subject to the review and approval of
the City Engineer.
f. Drainage
(1) All drainage improvements necessary for dewatering and protecting the subdivided
properties shall be installed prior to issuance of building permits, for construction upon
any parcel that may be subject to
drainage flows entering, leaving, or within a parcel relative to
which a
40
building permit is requested.
(2) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained from the Army Corps of Engineers and an
agreement with the California Department of Fish and Game shall be obtained and
submitted to the City Engineer.
(3) Storm drainage facilities shall be constructed within the street right-of-way or in
easements satisfactory to the City Engineer and the Los Angeles County Flood Control
Districts. All storm drain facilities plans shall be plan checked by the County of Los
Angeles and all fees required shall be paid by the applicant.
(4) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format
shall be submitted to and approved by the City Engineer and Los Angeles Public
Works Department prior to grading permit. All drainage facilities shall be designed and
constructed as required by the City Engineer and in accordance with County of Los
Angeles Standards. Private (and future) easements for storm drain purposes shall be
offered and shown on the final map for dedication to the City.
(5) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study
shall be prepared by a Civil Engineer registered in the State of California to the
satisfaction of the City Engineer and. Los Angeles Public Works Department.
(6) Applicant shall construct grading and drainage facilities on VTTM 53670 with a dry
pipe for future storm drain extension from the outlet manhole shown south to the
southerly end of Street A curb return to accommodate future extension.
g. Street
(1) Prior to final map approval, street names shall be submitted for City review and
approval. Street names shall not duplicate existing streets within the City of Diamond
Bar's postal service zip code areas.
(2) House numbering plans shall be submitted to and approved by the City Engineer prior
to issuance of building permits.
(3) Prior to final map recordation, the applicant shall submit plans delineating the
improvement and extension of Alamo Heights Drive for the City's review and approval.
The improvement and extension shall occur along the project site that fronts Alamo
Heights Drive to the most southern boundary of the proposed map. The improvement
and extension shall align with and be compatible with proposed VTTM 53430. The
improvement and extension of Alamo Heights Drive shall be completed prior to final
inspection of grading activities.
(4) Prior to the issuance of any City permits, the applicant shall provide written permission
to the satisfaction of the City from any property owners which will be affected by offsite
grading.
41
(5) Lowering the grade of Alamo Heights Drive is necessary in order to align the road with
proposed VTTM 53430. As a result, it shall be necessary to reconstruct the driveway
of 2510 Alamo Heights Drive (Lot 116 of Tract 30578) to match the new grade of
Alamo Heights Drive. Therefore, the applicant shall submit plans for the driveway
reconstruction for City review and approval and shall reconstruct the driveway to the
satisfaction of the City Engineer. The driveway reconstruction shall be completed prior
to the completion of Alamo Heights Drive improvements.
(6) Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil
Engineer, shall be submitted to and approved by the City Engineer. Streets shall not
exceed a maximum slope of 12 percent.
(7) New street centerline monuments shall be set at the intersections of two or more
streets, intersections of two or more streets, intersections of streets with tract
boundaries and to mark the beginning and ending of curves or the points of
intersection of tangents thereof. Survey notes showing the ties between all
monuments set and four (4) durable reference points for each shall be submitted to the
City Engineer for approval in accordance with City Standards, prior to issuance of
Certificate of Occupancy.
(8) The design and construction of private street improvements shall be to City and
County standards and designed to a design speed of 35 mph.
(9) Prior to building occupancy, applicant shall construct base and pavement for all streets
in accordance with soils report prepared by a California registered soils engineer and
approved by the City Engineer or as otherwise directed by the City Engineer.
(10) The extension of Alamo Heights partial road extension south of Street "A" shall be
constructed as a partial width roadway with paving up to 24 feet in width and with
proper termini facilities per County standards. Said paving shall be at grades that can
accommodate utility extensions as necessary for future development to the south as
required by the City Engineer.
(11) Alamo Heights Drive (north of Street "A" shall be designed and constructed at full width
north of the Tract Boundary to the requirements of the City Engineer.
h. Utilities
(1) Prior to final map approval, a water system with appurtenant facilities to serve all
lots/parcels in the land division designed to the Walnut Valley Water District (WVWD)
specifications shall be provided and approved by the City Engineer. The system shall
include fire hydrants of the type and location as determined by the Los Angeles County
Fire Department. The water mains shall be sized to accommodate the total domestic
and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department.
(2) Prior to final map approval, the applicant shall construct or enter into an improvement
agreement with the City guaranteeing construction of the necessary improvements to
the existing water system according to Walnut Valley Water District (WVWD)
42
specifications to accommodate the total domestic and fire flows as may be required by
the City Engineer, WVWD and Fire Department.
(3) Prior to recordation of final map, applicant shall provide separate underground utility
services to each parcel per Section 21.24.400 of Title 21 of the City Code, including
water, gas, electric power, telephone and cable TV, in accordance with the respective
utility company standards. Easements required by the utility companies shall be
approved by the City Engineer.
(4) Applicant shall relocate and underground any existing on-site utilities to the satisfaction
of the City Engineer and the respective utility owner.
(5) Prior to submittal of the final map, written certification from Walnut Valley Water
District, Verizon, SCE, SCG and Century Communications stating that adequate
facilities are or will be available to serve the proposed project shall be submitted to the
City.
(6) Underground utilities shall not be constructed within the drip line of any mature tree
except as approved by a registered arborist.
Sewers
(1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the
City and County Engineer to verify that capacity is available in the sewerage system to
be used as the outfall for the sewers in this land division. If the system is found to be
of insufficient capacity, the problem shall be resolved to the satisfaction of the County
Engineer.
(2) Each dwelling unit shall be served by a separate sewer lateral which shall not cross
any other lot lines. The sanitary sewer system serving the tract shall be connected to
the City or District sewer system. Said system shall be of the size, grade and depth
approved by the City Engineer, County Sanitation District and Los Angeles County
Public Works Division and surety shall be provided and an agreement executed prior
to approval of the final map.
(3) Applicant shall obtain connection permit(s) from the City and County Sanitation District
prior to issuance of building permits. The area within the tentative map boundaries
shall be annexed into the County Consolidated Sewer Maintenance District and
appropriate easements for all sewer main and trunk lines shall be shown on the final
map and offered for dedication on the final map.
(4) Applicant, at applicant's sole cost and expense, shall construct the sewer system in
accordance with the City, Los Angeles County Public Works Division and County
Sanitation District Standards prior to occupancy.
The City Council shall:
43
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K.
Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boulevard, Diamond
Bar, CA 91765.
APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY 2005, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
In
Wen P. Chang, Mayor
I, Linda C. Lowry, 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 the 4th day of January, 2005 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Linda C. Lowry, City Clerk,
City of Diamond Bar
44
45
46
47
Agenda # 7.2
Meeting Date: January 4. 2005
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: VESTING TENTATIVE TRACT MAP NO. 53670, ENVIRONMENTAL IMPACT
REPORT NO. 2004-01 (SCH #2003071051) , MITIGATION MONITORING
PROGRAM, ZONE CHANGE NO. 2002-03, HILLSIDE MANAGEMENT
CONDITIONAL USE PERMIT NO. 2002-17 AND TREE PERMIT NO. 2002-12
RECOMMENDATION: Upon conclusion of the public hearing adopt Resolution No. 2005 -XX
certifying the Environmental Impact Report, approving Vesting Tentative Tract Map No.
53670 and the Mitigation Monitoring Program; approve the first reading of Zone Change
Ordinance No. XX (2005); and adopt Resolu tion No. 2005 -XX approving Hillside
Management Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12.
l+illkyiIkyila1WA
On November 23, 2004, the Planning Commission conducted a noticed public hearing on
Vesting Tentative Tract Map No. 53670, the project EIR and all requested entitlements and
recommended approval of the project to the City Council. Approval of this project will allow
the property owner, Mr. Jerry Yeh of Horizon Pacific Diamond Bar, LLC, to subdivide 7.5
acres into five lots for the eventual development of five single-family custom homes. The
project site is located at the southerly terminus of Alamo Heights Drive (east side) within "The
Country Estates".
7_Ld:(r]:Z MI117/,11/_1Wa&i Rs
The Planning Commission on No vember 23, 2004 conducted a noticed public hearing on the
proposed project. At the meeting the Planning Commission opened the public hearing to
receive comments from the public. There was no one in the audience that provided public
comments. The Planning Commission closed the hearing and discussed the merits of the
proposed project and the environmental information presented in the Environmental Impact
Report. The Planning Commission determined that the project met all the city standards and
requirements and unanimously recommended approval of the project to the City Council:
The attached Planning Commission staff report presents all the technical information related
to the project along with the Environmental Impact Report, the Mitigation Monitory Program,
and Response to Comments from agencies who had commented on the draft Environmental
Impact Report.
The City Council may approve the proposed project as recommended by the Planning
Commission. The Council may also add conditions or modify conditions of approval set forth
in the resolutions. If the Council concurs with the Planning Commission recommendation
then adoption of the resolutions and ordinance should be in the following sequence:
Adopt City Council Resolution No. 20045 -XX certifying the Environmental
Impact Report No. 2004-01 (SCH #2003071051) and approving Vesting
Tentative Tract Map No. 53670 and Mitigation Monitoring Program;
Approve the first reading of Zone Change Ordinance No. XX (2005); and
Adopt City Council Resolution No. 20045 -XX approving Hillside Management
Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12.
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley
Tribune on December 23, 2004. Public hearing notices were mailed to approximately 115
property owners within a 1,000 -foot radius of the project site on December 16, 2004. A
display board was posted on the project site and public notice was posted in three public
places by December 20, 2004. Additionally and pursuant to Public Resource Code, Section
21092.5, agencies commenting on the project's Environmental Impact report were notified in
writing of the January 4, 2005 City Council public hearing on December 20, 2004
=042-1:7411 ]'i
Ann J. Lungu,
Associate Planner
REVIEWED BY:
James DeStefano, Nancy Fong,
Deputy City Manager Planning Manager
Attachments:
City Council Resolution No. 2005 -XX Certifying EIR No. 2004-01 (SCH
2003071051), approving VTTM 53670 and the Mitigation Monitoring Program;
City Council Zone Change Ordinance No. XX (2005);
City Council Resolution No. 2005 -XX approving Conditional Use Permit No. 2002-17
and Tree Permit No. 2002-12;
Planning Commission Minutes dated November 23, 2004;
Planning Commission Staff Report for November 23, 2004 meeting;
Planning Commission Resolution Nos. 2004-52, 2004-53 and 2004-54;
Exhibit "A"— Vesting Tentative Tract Map No.53067 dated November 23, 2004;
Draft Environmental Impact Report (Volume I) and Technical Appendices (Volume II)
dated July 19, 2004 and Volume III/Response to Comments dated October 1, 2004;
and
Mitigation Monitoring Program dated November 11, 2004.
CITY COUNCIL
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT NO. 2004-01 (SCH #2003071051) AND APPROVING
VESTING TENTATIVE TRACT MAP NO. 53670 AND THE
MITIGATION MONITORING PROGRAM SET FORTH THEREIN
FOR A FIVE LOT RESIDENTIAL SUBDIVISION LOCATED AT
THE SOUTHERLY TERMINUS OF ALAMO HEIGHTS DRIVE
(EAST SIDE), DIAMOND BAR, CALIFORNIA.
A. RECITALS .
1. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC
has filed an application for Vesting Tentative Tract Map No. 53670 (VTTM 53670),
certification of Environmental Impact Report (EIR) No. 2004-01 (SCH # 2003071051) and
Mitigation Monitoring Program as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Vesting Tentative Tract Map, Environmental Impact Report and
Mitigation Monitoring Program shall be referred to as the "Application."
2. On November 23, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application. Atthat time, the
Planning Commission adopted Resolution No. 2004-53 recommending City Council approval
of the Application
3. On December 16 2004, public hearing notices were mailed to approximately 115
property owners of record within a 1,000 -foot radius of the project site. On December 23,
2004, notification of the public hearing for this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were posted in
three public places within the City of Diam and Bar and the project site was posted with a
display board by December 20, 2004. Additionally and pursuant to Public Resource Code,
Section 21092.5, agencies commenting on the project's Environmental Impact report were
notified in writing of the January 4, 2005 City Council public hearing on December 20, 2004.
4. On January 4, 2005, the City Council of the City of Diamond Bar conducted and
concluded a duly noticed public hearing on the Application.
B. Resolution .
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. The City Council hereby finds that the project identified above in this
Resolution required an Environmental Impact Report (EIR). EIR No. 2004-01
(SCH # 2003071051) has been prepared according to the requirements of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. The 45 day public review period for the EIR bega n July 23, 2004
and ended September 6, 2004. Furthermore, the City Council has reviewed
the EIR and related documents in reference to the Application.
3. The City Council hereby specifically finds and determines that, having considered the
record as a whole, including the findings set forth below, and changes and alterations which
have been incorporated into and conditioned upon the proposed project set forth in the
application, there is no evidence before this City Council that the proj ect proposed herein will
have the potential of an adverse effect on wild life resources orthe habitat upon which the
wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the
presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California
Code of Regulations.
4. Based on the findings and conclusions set forth herein, this City Council hereby finds
as follows:
(a) The project relates to vacant land located at terminus of Alamo Heights Drive (on the
east side) within a gated community identified as "The Country Estates" which consists
of large single-family homes. The project site is directly south of Alamo Heights Drive
which would be extended to provi de access to the project site.
(b) The project site has a General Plan land use designation of Rural Residential (RR)
Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence-Minimu m Lot Size 20,000
Square Feet (R-1-20,000) Zone.
(d) Generally to the north, south, east and west, the Single Family Residence-Minimu m
Lot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site.
(e) The Application request is to certify the Environmental Impact Report; to subdivide a
7.5 acres site into five parcels with a minimum lot size of one acre for the eventual
development of five single-family custom homes; to change the existing zoning from
5
R-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; and to
remove and replace oak and walnut trees.
Tentative Map Findings
(f) The proposed subdivision including design and improvements is consistent with the
General Plan or any applicable specific plan;
The General Plan land use designation for the project site is Rural
Residential (RR). The General Plan describes this designation as a
residential land use category for detached single-family residences
with a maximum density allowed for new subdivisions as one dwelling
unit per acre or less. The proposed map is a five lot subdivision
characterized as follows:
Lot Number
Lot Size Acres
Pa d Size (Sq. Ft
Pad Elevation
1
1.7
22,000
990
2
1.2
23,000
990
3
1.0
23,000
990
4
1.0
22,000
980
5
1.6
20 000
970
The gross density of proposed VTTM 53670 will be 0.67 dwelling units (du) per acre.
The proposed map as designed with the incorporation of landform grading, the
extension of Alamo Heights Drive in a manner that is consistent with existing
development and proposed development south of the proposed map, revegetaion of
slopes, installation of se wers and drainage facilities is in accordance with the
Objectives and Strategies of the General Plan. As a result, VTTM 53670 is consistent
with the General Plan.
(g) Site is physically suitable for the type and proposed density of the development;
The project site is approximately 7.5 acres. The VTTM 53670 proposes to
subdivide7.5 acres into five lots with a street for the future development of five single-
family custom homes. As referenced abo ve in Finding (t), the type and proposed
density is in compliance with the General Plan and existing development within the
gated community identified as `The Country Estates". Additionally, the EIR prepared
for VTTM 53670 reviewed the map's suitability for the project site, access, circulation,
grading, aesthetics, land use, etc. The reviewed concluded that the proposed map
would not have a significant effect on the environment and/or with the incorporation of
mitigation measures environme ntal impacts would be reduced to a level of less than
significant.
(h) The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or injure fish orwildlife ortheir habitat;
The E/R analyzed whether or not the proposed map would cause substantial
environmental damage orinjure fish orwildlife ortheir habitat. The E/R concluded that
with the implementation of mitigation measures as prescribed in the Mitigation
Monitoring Program summarized as follows, it is anticipated that the proposed map
and cumulative biological resources impacts would be reduced to a level less than
significant.
} A combination of on-site or off-site preservation and/or
restoration atno less than a 1:1 acreage ratio;
I Native tree protection ata 3:1 ratio to replace 71 coast live
oak trees, 26 scrub oak and 111 California black walnuts (for
a total of 208 trees to be replaced);
I Biological monitoring ;
} Obtain appropriate permits from California Department ofFish
and Game, U.S. Fish and Wildlife Services, U.S. Army Corps
of Engineers and State Water Resources Control Board; and
I Lighting plan reviewed and approved by the City
demonstrating that lighting from the project will be directed
away from natural open space areas.
(i) The design ofthe subdivision ortype of improvements is not likelyto cause serious
public health orsafety problems;
The E/R analyzed impacts related to the design of the subdivision and improvements
related to the project. Mitigation measures that related to air quality, geology/soils/gr ading,
hazards and hazardous materials, hydrology/water quality, traffic, and public services have
been incorporated into the proposed map. Mitigation measures are summarized as follows:
o Manufactured slopes would be designe d at a slope ratio of no steeper
2:1
and keyed into approved natural ground;
o Standard conditions ofapproval related to compliance with Uniform
Building Code;
o All grading be performed under the observation ofa registered
geotechnical engineer;
o Recommendations contains in the geotechnical and engineering
geological investigation is to be implemented during
grading/construc tion activities;
o Comply with all Los Angeles County Fire Department code
requirements;
o All property owners be provided with a disclosure statement that identify
the responsibility of maintaining the fuel modification zones within their
7
property as defined in the approved Fuel Modification Plan;
Compliance with Federal Clean Wate rAct and the National Pollutant
Discharge Elimination System (NPDES) program;
Implementing construction -related Best Management Practices (BMP's)
and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria; and
Provide storm drain system, energy dissipaters and standard conditions.
Furthermore, no active or potentially active faults were found and the project
site is not within an Alqui st-Priolo Fault Rupture Hazard Zone. Therefore, with
the incorporation of the mitigation measures, impacts associated with
causing serious public health or safety problems would be less than
significant.
Q) The design ofthe subdivision orthetype ofimprovements will not conflict with
easements, acquired by the public at large for access through or use of, property within the
proposed subdivision. This finding may not be made if the review authority finds that
alternate easements for access or use will be pr ovided, and that they will be substantially
equivalent to ones previously required by the public.
The proposed map is located within a private gated community. Access easements
within this gated community are private property. Access the gated community is from public
streets at Diamond Bar Boulevard and Grand Avenue.
The proposed map will not affect these public streets.
(k) The discharges sewerage from the proposed subdivision into the community source
system would not result in violation of existing requirements prescribed by the California
Regional Water Quality Control Board;
An EIR prepared for VTTM 53670 reviewed the environmental issue of water
quality. To reduce water quality impacts to a le vel of less than significant, the proposed map
is required to comply mitigation measures within the Mitigation Program that include
compliance with Regional Water Quality Control Board, Federal Clean Water Act and the
National Pollutant Discharge Elimination System (NPDES) program, implementing
construction -rel ated Best Management Practices (BMP's) and Standard Urban Stormwater
Mitigation Plan (SUSMP) criteria. With project design features related to the storm drain
system, energy dissipaters, standard conditions of approval, mitigation measures, potentially
significant water quality impacts would be reduced to levels less than significant.
(1) Apreliminary soils report or geological hazard report does not indicate adverse soils or
geological conditions and the subdivider has provided sufficient information to the satisfaction
of the City Engineer or Council that the conditions can be co rrected in the plan for the
development; or
An EIR prepared for VTTM 53670 reviewed the environmental issue of soils and
geological hazard. As referenced in Finding (i), the mitigation measures prescribed in the
Mitigation Monitoring Program will reduce potentia /geologic and soil impacts to a level less
than significant.
(m). The proposed subdivision is consistent with all applicable provisions of this Title, the
Development Code, any other applicable provisions of the Municipal Code, and the
Subdivision Map Act.
The proposed subdivision is consistent with the General Plan land use designation of
Rural Residential (RR). It will be graded in co mpliance with the City's applicable hillside
management standards. The physical size and design of the proposed subdivision will allow
far compliance with the City's Development Code standards for the RR zoning district.
Furthermore, the
proposed map is consistent with Title 21, the City's subdivision ordinance
and
the Subdivision Map Actrequirements asprocessed herein.
Based on the findings and conclusions set forth above, the City Council hereby certifies the
Environmental Impact Report and approves VTTM 53670 and the Mitigation Monitoring
Program subject to the following the following conditions:
a. General
(1) The project site shall be developed in substantial conformance with VTTM 53670,
except as conditions herein, and as conditioned in Zone Change No. 2002-03,
Conditional Use Permit No. 2002-17, and Tree Permit No.2002-12 submitted to and
approval bythe City Council collectively attached hereto as Exhibit "A" -the subdivision
map, Exhibit "B" - Mitigation Monitoring Program dated November 11, 2004, and
Exhibit "C" - Environmental Impact Report as modified herein.
(2) The site shall be maintained in a condition , which is free of debris both during and after
the construction, addition, or implementation of the entitlement granted herein. The
removal of all trash, debris, and refuse, whether during or subsequent to construction
shall be done only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection, transportation,
and disposal of solid waste from residentia I, commercial, construction, and industrial
areas within the City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar to provide such
services.
(3) This grant shall be null and void and of no affect unless Zone Change
Number 2002-03, Hillside Management Conditional Use Permit
Number 2002-17 and Tree Permit Number 2002-12 are approved.
(4) This approval shall not be effective for any purpose until the ap plicant and owner of
the property involved have filed within 15 days of approval of this map, at the City of
Diamond Bar Community and Development Services Department/Plann ing Division an
Affidavit of Acceptance stating that they are aware of it agreed to accept all the
conditions of this approval. Further, this approval shall not be effective until the
applicant pays all remaining Planning Division fees.
(5) In accordance with Government Code Section 66474.9(b) (1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding
to attack, set-aside, void or an nul, the approval of VTTM 53670
brought within the time period provided by Government Code Section
66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action: In accordance with
Government Code Section 66474.9(b) (1), the applicant shall defend,
indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of VTTM 53670 brought within the time
period provided by Government Code Section 66499.37. In the event
the city and/or its officers, agents and employees are made a party of
any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims;
and
(b) Applicant shall promptly pay any final judgment rendered against
the City descendents.
The City shall promptly notify the applicant or any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
(6) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and
all other applicable construction codes, ordinances and regulations in effect atthe time
the application was deemed complete.
(7) Notwithstanding any previous subsection of the resolution, the Department of Fish and
Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game
Code. Said payment shall be made by the applicant to the city with in five days of this
grant's approval.
(8) Priorto final map approval, the applicant shall pay a fee to the City in -lieu ofdedication
for parkland pursuant to Subdivision Ordinance Chapter 21.32.
(9) Applicant shall pay development fees (including but not limited to
Planning, Building and Safety, Public Works and Engineering
Divisions and Mitigation Monitoring) at the established rates, prior to
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final map approval, issuance of build ing or grading permit (whichever
comes first), as required by the City. School fee shall be paid prior to
the issuance of Building and Safety Division permit. Additionally, the
applicant shall pay all remaining prorated City project review and
processing fees prior to the map's recordation as requi red by the City.
(10) Pursuant to Subdivision Map Act Section 66463.5, VTTM 53670 is
valid for three years. An extension of time may be requested in writing
and shall only be considered if submitted to the city no less than 60
days prior to approval's expiration date. Final map approval will not be
granted unless the map is in substantial compliance with VTTM 53670
including all conditions and the applicant has entered into a
subdivision improvement agreement to the satisfaction of the City
Atto rn ey.
(11) The project site shall be maintained and operated in full compliance with the conditions
of approval and all laws, or other applicable regulations.
b. Planning
(1) The Mitigation Monitoring Program outlined in Environmental Impact No. 2004-01
(SCH #2003071051) and approved by the City shall be implemented and complied
with rigorously. The mitigation monitoring fees shall be deposit ed with the City, 90
days prior to the issuance of a grading permit. All costs related to the ongoing
monitoring shall be secured from the applicant and received by the City prior to the
approval ofthe final map.
(2) Prior to final map recordation, the applicant shall provide evidence of annexation into
"The Country Estates" Homeowners Association. Each lot of VTTM 53670 shall be
subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's).
(3) Prior to the final map recordation, the app lication shall provide the City with a "Buyer's
Awareness Package." for the City's review and approval. The "Buyer's Awareness
Package" shall include, but is not limited to, information pertaining to geological issues
regarding the property, wildlife corridors, oak and walnut trees, natural vegetation
preservation issues, maintenance prog ram for urban pollutant basins, fuel
modification, all mitigation measures within the Mitigation Monitoring Program and
Exhibit "A" which delineates each lot's building envelope, explanatory information
pertaining to restrictions on the use of properties as necessary, and similar related
matters. The applicant shall give each buyer a copy of the "Buyer's Awareness
Package" and shall document their receipt of the same in the escrow instructions of
each lot and document their receipt to the City.
(4) Applicant, through the "Buyer's Awarene ss Program" shall encourage, the segregation
of green waste for reuse as specified under the City's Source Reduction Recycling
Element, and County Sanitation District's waste division policies.
(5) Proposed future custom single-family residential units shall comply with the City's
Development Review process.
(6) All single-family residential units shall be required to obtain Development Review
approval. Additionally, single-family residential dwelling units shall utilize the following
development standards:
(a) Front yard setback minimum 30 feet from front property line;
(b) Side yard setbacks minimum 10 and 15 feet from the edge ofthe
buildable pad or side property lines, whichever is applicable;
(c) Distance between single-family residential dwelling units shall be
a minimum of40 feet;
(d) Rear yard setback minimum 25 feet from the edge of the
buildable pad or rear property line, whichever is applicable; and
(e) Accessory structures shall utilize setback distances from the
edge of pad or property line whichever is applicable and be
consistent with the Rural Residential zoning districtatthe time of
permit issuance.
(7) All ground -mounted utility appurtenances such as transformers, air conditioning
condensers, etc. shall be located out of public view and adequately screened through
the use of a combination of concrete or masonry walls, berms, and/or landscaping to
the satisfaction ofthePlanning Division.
(8) All lighting fixtures adjacent to interior property lines shall be approved by the Planning
Division as to type, orientation and height.
(9) All terrace drains and drainage channels shall be constructed in muted earth tones so
as not to impart adverse visual impacts. Terrace drains shall follow landform slope
configuration and shall not be placed in an exposed positions. All down drains shall be
hidden in swales diagonally or curvilinearly across a slope face.
(10) Prior to the issuance of a grading permit or the initiation of any activity that involves the
removal/disturba nce of oak and walnut woodland habitat, the applicant shall develop a
detail oak and walnut woodland mitigation plan in accordant ewith the EIR"s Mitigation
Program and submit the plan to the City for review and approval. Mitigation shall
include offsite preservation and or restoration at no less than 1:1 acreage ratio. The
native trees protected under the City's tree preservation and protection standards
require a minimum replacement ratio of 3:1. It is estimated that 71 coast live oak, 26
scrub oak and 111 southern California black walnuts will be removed by a the project's
development, totaling to 208 trees. . However, mitigation offsite shall be in
accordance with the requirements and approval of the California Department of Fish
and Game. If in -lieu fees are utilized for a part of or all mitigation, this mitigation
method shall also be in accordance with the requirements and approval of the
California Department of Fish and Game and the City of Diamond Bar.
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(11) Prior to the issuance of any City permits, the applicant shall submit a revegetation
landscape plan and irrigation plan for slopes within the project site for the City's review
and approval. Said slope shall be landscaped at the completion of grading activities.
All slope planting and irrigation and revegetation areas shall be continuously
maintained in a healthy and thriving condition by the developer until each individual
unit is sold and occupied by the buyer. Prior to releasing occupa ncy for the units, an
inspection shall be conducted by the Planning Division to determine that the
vegetation is in satisfactory condition.
(12) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building
Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National
Electrical Code) requirements.
c. Fire Department
(1) Emergency access shall be provided, mainta ining free and clear, a minimum 26 foot at
all times during construction in accordanc ewith Fire Department requirements.
(2) Prior to the issuance of any building permits for combustible construction, evidence
shall be submitted to the Fire Department that temporary water supply for fire
protection is available pending completion of the required fire protection system.
(3) All required fire hydrants shall be in stalled and tested and accepted prior to
construction. Vehicular access must be provided and maintained serviceable
throughout construction.
(4) Prior to the issuance ofa grading permit, theapplicant shall submit a fuel modification
plan, landscape/irriga tion plan prepared by a registered landsca pe architect to the Fire
Department for review and approval.
(5) Prior to recordation, the final map shall comply with all Fire Department requirements.
d. Public Works/Enaineerin Q Division
Gen era I
(1) Prior to final map approval, written certification that all utility services and any other
service related to the site shall beavaila ble to serve the proposed project and shall be
submitted to the City. Such letters shall be issued by the district, utility and cable
television company, within ninety (90) days prior to final map approval.
(2) Prior to final map approval and when fina I map is submitted for plan check, a title
report/guarantee showing all fee owners, interest holders, and nature of interest shall
be submitted. The account shall remain open until the final map is filed with the
County Recorder. An updated title report/guarantee and subdivision guarantee shall
besubmitted ten (10) working days prior to final map approval.
(3) Prior to the issuance of any City permits, the Applicant shall complete and record a
"Covenant and Agreement to Maintain a Single -Family Residence" on a form to be
13
provided by the City. The covenant shall be completed and recorded with the Los
Angeles County Recorders Office.
(4) Prior to final map approval, if any public or private improvements required as part of
this map have not been completed by applicant and accepted by the City, applicant
shall enter into a subdivision agreement with the City and shall post the appropriate
security. Cost Estimates for all bond amou nts shall be provided by the applicant and
approved bythe City Engineer.
(5) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and
storm drain improvement plans shall be approved by the City Engineer and surety
shall be posted and an agreement executed guaranteeing completion of all public and
private improvements.
(6) Details and notes shown on the vesting tentative map are not necessarily approved.
Any details or notes which may be inconsistent with requirements or ordinances,
general conditions of approval, or City policies shall be specifically approved to the
satisfaction of the City Engineer.
(7) All identified geologic hazards within the vesting tentative tract map boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the final
map as "Restricted Use Area" subject to geolog is hazard. The applicant shall dedicate
to the City the right to prohibi t the erection of buildings or other structures within such
restricted use areas shown on th a final map. All identified geologic hazards within the
vesting tentative tract boundar ies which cannot be eliminated as approved by the City
Engineer shall be indicated on the final map as "Restricted Use Area" subject to
geologic hazard. The applicant shall dedicate to the City the right to prohibit the
erection of buildings or other structures within such restricted use areas shown on the
final map.
(8) Prior to final map approval and the issuance of grading permit(s), surety shall be
posted and an agreement executed guaranteeing completion of all drainage facilities
necessary for dewatering all parcels to the satisfaction of the City Engineer.
(9) Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map, as approved by the City Engineer.
(10) Prior to finalization of any development phase, sufficient street, sewer, and drainage
improvements shall be completed beyond the phase boundaries to assure secondary
access, proper outfall for sewers and
drainage protection to the satisfaction of the City Engineer. Phase boundaries shall
correspond to lot lines shown on the final map.
(11) Prior to final map approva I, applicant shall submit to the City Engineer the detail cost
estimates for bonding purposes of all public improvements.
14
(12) Prior to any work performed in the street right-of-way, fees shall be paid and a
construction permit shall be obtained from the Public Works Division in addition to any
other permits required.
(13) Applicant shall label and delineate on the final map any private drives or fire lanes to
the satisfaction ofthe City Engineer.
(14) Applicant shall submit recorded document(s) from the Diamond Bar Country Estates
Association indicating the project will have proper/adequate right -of -entry to the
subject site.
(15) Easements, satisfactory to the City Engineer and the utility compan ies, for public utility
and public services purposes shall be o ffered and shown on the final map for
dedication to the City.
(16) After the final map records, applicant shall submit to the Public Works/Engineerin g
Division, at no cost to the City, a full size reproducible copy of the recorded map. Final
approval of the public improvements shall not be given until the copy of the recorded
map is received by the Engineering Division.
(17) Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by
appropriate individuals certifying the plan for all improvements at no cost to the City.
(18) All improvements for the subject tract shall be coordinated with any existing or
proposed maps including TTM 53430 to the south.
(19) Applicant shall contribute funds to a separate engineering trust deposit against which
charges can be made by the City or its representatives for services rendered.
Charges shall be on an hourly basis and shall include any City administrative costs.
(20) Applicant shall provide digitized information in an Auto CADD format defined by the
City for all related plans, at no cost to the City.
(21) All activities/impro vements proposed for this map shall be wholly contained within the
boundaries of the map. Should any off-site activities/improvements be required,
approval shall be obtained from the affected property owner and the City as required
bythe City Engineer.
e. Grading
(1) Exterior grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between the
hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by
grading and construction activities shall be reduced by watering the soil prior to and
during the activities and in accordance with South Coast Air Quality Management
District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible.
ILI
Additionally, all construction equipment shall be properly muffled to reduce noise
I evel s.
(2) All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed within a 6
foot -high chain link fence. All access points in the defense shall be locked whenever
the construction site is not supervised.
(3) Precise grading plans for each lot shall be submitted to the Community and
Development Services Department/Plann ing Division for approval prior to issuance of
building permits. (This may beon an incremental orcomposite basis).
(4) Grading of the subject property shall be in accordance with the California Building
Code, City Grading Ordinance, Hillside Management Ordinance and acceptable
grading practices. The maximum grade of driveways serving building pad areas shall
be 15 percent.
(5) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils
and geology report shall be subm itted to the City Engineer for approval. Said report
shall be prepared by a qualified engineer and/or geologist licensed by the State of
California. Prior to the issuance of a grading permit, the report shall address, but not
be limited to the following:
(a) Stability analyses of daylight shear keys with a 1:1 projection
from daylight to slide plane; a projection plane shall have a
safety factor of 1.5;
(b) All soils and geotechn ical constraints (i.e., landslides, shear key
locations, etc.) shall be delineated in detail with respect to
proposed building envelopes. Restricted use areas and
structural setbacks shall be considered and delineated prior to
recordation of the final map;
(c) Soil remediation measures shall be designed for a "worst case"
geologic interpretation subject to verification in the field during
grading;
(d) The extent of any remedial grading into natural areas shall be
clearly defined on the grading plans;
(e) Areas of potential for debris flow shall be defined and proper
remedial measures implemented as approved by the City
Engineer;
(f) Gross stability of all fill slopes shall be analyzed as part of
geotechnical report, including remedial fill that replaces natural
slope;
(g) Stability of all proposed slopes shall be confirmed by analysis as
approved by the City Engineer;
16
(h) All geologic data including landslides and exploratory
excavations must be shown on a consolidated geotechnical map
using the 40 -scale final grading plan as a base; and
(i) All geotechnical and soils related findings and recommendations
shall be reviewed and approved by the City Engineer prior to
issuance of any grading permits and recordation of the final map.
(6) Priorto issuance of grading permits, storm drain improvement plans shall be approved
by the City Engineer and County and surety shall be posted and an agreement
executed guaranteeing completion of all drainage facilities to the satisfaction of the
City Engineer.
(7) Final grading plans shall bedesigned in compliance with the recommendations ofthe final
detailed soils and engineering geology reports. All remedial earthwork specified in the
final report shall be incorporated into the grading plans. Final grading plans shall be
signed and stamped by a California registered Civil Engineer, registered Geotechnical
Engineer and registered Engineering Geologist and approved by the City Engineer.
(8) A Standard Urban Stormwater Management Plan (SUSMP) conforming to City
Ordinance is required to be incorporated into the grading plan and approved by the
City Engineer.
(9) All slopes shall be seeded with native grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion of grading or some other alternative
method of erosion control sha II be completed to the satisfaction of the City Engineer
and a permanent irrigation system shall be installed.
(10) An erosion control plan shall be approved by the City Engineer. Erosion control plans
shall be made in accordance to the City's NPDES requirements.
(11) No grading or any staging or any construction shall be performed prior to final map
approval by the City Council and map recordation. All pertinent improvement plans
shall be approved by the City Engineer prior to final map approval by the City Council.
(13) Prior to final map approva I, the applicant shall submit plans that delineate adjustments
to the grades of Lots 4 and 5. The grade adjustment shall match the elevation of the
adjacent development Tentative Tract Map No. 53430 which is located to the south of
VTTM 53670. Said grade adjustments shall be subject to the review and approval of
the City Engineer.
f. Drainage
(1) All drainage improvements necessary for dewatering and protecting the subdivided
properties shall be installed prior to issuance of building permits, for construction upon
any parcel that may be subject to
drainage flows entering, leaving, or within a parcel relative to
which a
building permit is requested.
17
(2) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained from the Army Corps of Engineers and an
agreement with the California Department of Fish and Game shall be obtained and
submitted to the City Engineer.
(3) Storm drainage facilities shall be constructed within the street right-of-way or in
easements satisfactory to the City Engineer and the Los Angeles County Flood
Control Districts. All storm drain facilities plans shall be plan checked by the County
of Los Angeles and all fees required shall be paid by the applicant.
(4) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format
shall be submitted to and approved by the City Engineer and Los Angeles Public
Works Department prior to grading permit. All drainage facilities shall be designed and
constructed as required by the City Engineer and in accordance with County of Los
Angeles Standards. Private (and future) easements for storm drain purposes shall be
offered and shown on the final map for dedication to the City.
(5) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study
shall be prepared by a Civil Engineer registered in the State of California to the
satisfaction of the City Engineer and. Los Angeles Public Works Department.
(6) Applicant shall construct grading and drainage facilities on VTTM 53670 with a dry
pipe for future storm drain extension from the outlet manhole shown south to the
southerly end of Street A curb return to accommodate future extension.
g. Street
(1) Prior to final map approval, street names shall be submitted for City review and
approval. Street names shall not duplicate existing streets within the City of Diamond
Bar's postal service zip code areas.
(2) House numbering plans shall be submitted to and approved by the City Engineer prior
to issuance of building permits.
(3) Prior to final map recordation, the applicant shall submit plans delineating the
improvement and extension of Alamo Heights Drive for the City's review and approval.
The improvement and extension shall occur along the project site that fronts Alamo
Heights Drive to the most southern boundary of the proposed map. The improvement
and extension shall align with and be compatible with proposed VTTM 53430. The
improvement and extension of Alamo Heights Drive shall be completed prior to final
inspection ofgrading activities.
(4) Prior to the issuance of any City permits, the applicant shall provide written permission
to the satisfaction of the City from any property owners which will be affected by offsite
grading.
(5) Lowering the grade of Alamo Heights Drive is necessary in order to align the road with
proposed VTTM 53430. As a resu It, it shall be necessary to reconstruct the driveway
18
of 2510 Alamo Heights Drive (Lot 116 of Tract 30578) to match the new grade of
Alamo Heights Drive. Therefore, the applicant shall submit plans for the driveway
reconstruction for City review and approval and shall reconstruct the driveway to the
satisfaction of the City Engineer. The driveway reconstructio n shall be completed prior
to the completion of Alamo Heights Drive improvements.
(6) Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil
Engineer, shall be submitted to and approved by the City Engineer. Streets shall not
exceed a maximum slope of 12 percent.
(7) New street centerline monuments shall be set at the intersections of two or more
streets, intersections of two or more streets, intersections of streets with tract
boundaries and to mark the beginning and end ing of curves or the points of
intersection of tangents thereof. Survey notes showing the ties between all
monuments set and four (4) durable reference points for each shall be submitted to the
City Engineer for approval in accordance with City Standards, prior to issuance of
Certificate of Occup ancy.
(8) The design and construction of private street improvements shall be to City and
County standards and designed to a design speed of 35 mph.
(9) Prior to building occupancy, applicant shall construct base and pavement for all streets
in accordance with soils report prepared by a California registered soils engineer and
approved by the City Engineer or as otherwise directed by the City Engineer.
(10) The extension of Alamo Heights partial road extension south of Street "A" shall be
constructed as a partial width roadway with paving up to 24 feet in width and with
proper termini facilities per County standards. Said paving shall be at grades that can
accommodate utility extensions as necessary for future development to the south as
required by the City Engineer.
(11) Alamo Heights Drive (north of Street "A" shall be designed and constructed at full
width north of the Tract Boundary to the requirements of the City Engineer.
h. Utilities
(1) Prior to final map approval, a water system with appurtenant facilities to serve all
lots/parcels in the land division designed to the Walnut Valley Water District (WVWD)
specifications shall be provided and approved by the City Engineer. The system shall
include fire hydrants of the type and location as determined by the Los Angeles
County Fire Department. The water mains shall be sized to accommodate the total
domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire
Department.
(2) Prior to final map approval, the applicant shall construct or enter into an improvement
agreement with the City guaranteeing construction of the necessary improvements to
the existing water system according to Walnut Valley Water District (WVWD)
19
specifications to accommodate the total domestic and fire flows as may be required by
the City Engineer, WVWD and Fire Department.
(3) Prior to recordation of final map, applicant shall provide separate underground utility
services to each parcel per Section 21.24.4 00 of Title 21 of the City Code, including
water, gas, electric power, telephone and cable TV, in accordance with the respective
utility company standards. Easements required by the utility companies shall be
approved bythe City Engineer.
(4) Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
(5) Prior to submittal of the final map, written certification from Walnut Valley Water
District, Verizon, SCE, SCG and Century Communications stating that adequate
facilities are orwill be available to serve the proposed project sha II be submitted to the
City.
(6) Underground utilities shall not be constructed within the drip line of any mature tree
except as approved by a registered arborist.
i. Sewers
(1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the
City and County Engineer to verify that capacity is available in the sewerage system to
be used as the outfall for the sewers in this land division. If the system is found to be
of insufficient capacity, the problem shall be resolved to the satisfaction of the County
Engineer.
(2) Each dwelling unit shall be served by a separate sewer lateral which shall not cross
any other lot lines. The sanitary sewer system serving the tract shall be connected to
the City or District sewer system. Said system shall be of the size, grade and depth
approved by the City Engineer, County Sanitation District and Los Angeles County
Public Works Division and surety shall be provided and an agreeme nt executed prior
to approval of the final map.
(3) Applicant shall obtain connection permit(s) from the City and County Sanitation District
prior to issuance of building permits. The area within the tentative map boundaries
shall be annexed into the County Consolidated Sewer Maintenance District and
appropriate easements for all sewer main and trunk lines shall be shown on the final
map and offered for dedication on the final map.
(4) Applicant, at applicant's sole cost and expense, shall construct the sewer system in
accordance with the City, Los Angeles County Public Works Division and County
Sanitation District Standards prior to occupancy.
The City Council shall:
20
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K.
Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boulevard, Diamond
Bar, CA 91765.
APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY 2005, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
Wen P. Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Dia mond Bar do hereby certify that the foregoing
Resolution was passed, approved and adopted ata regular meeting ofthe City Council ofthe
City of Diamond Bar held on the 4th day of Janua 2005 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Linda C. Lowry, City Clerk,
City of Diamond Bar
21
ORDINANCE NO. _ (2005)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE
CHANGE NO. 2002-03 WHICH CHANGES THE EXISTING ZONING FROM R-
1-20,000 TO RURAL RESIDENTIAL (RR) FOR A PROPERTY LOCATED AT
THE SOUTHERLY TERMINUS OF APPROXIMATELY 7.5 ACRES
IDENTIFIED AS APN #8713-028-030 AND LOCATED AT THE SOUTHERLY
TERMINUS OF ALAMO HEIGHTS DRIVE (EAST SIDE), DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General
Plan established land use designations, goals, objectives and strategies implementing the
community's vision for its future.
2. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC
has filed an application for Zone Change No. 2002- 03 for a property identified as APN #8713-
024-002 located atthe southerly terminus of Alamo Heights Drive (east side), Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change
shall be referred to as the "Application."
3. On November 23, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application. Atthat time, the
Planning Commission adopted Resolution No. 2004-53 recommending City Council approval
of the Application.
4. On December 16 2004, public hearing notices were mailed to approximately 115
property owners of record within a 1,000 -foot radius of the project site. On December 23,
2004, notification of the public hearing for this project was provided in the San Gabriel Valley
Tribune and Inland Valley Bulletin newspapers. Public hearing notices were posted in
three public places within the City of Diamond Bar and the project site was posted with a
display board by December 20, 2004. Additionally and pursuant to Public Resource Code,
Section 21092.5, agencies commenting on the project's Environmental Impact report were
notified in writing of the January 4, 2005 City Council public hearing on December 20, 2004.
On January 4, 2005, the City Council of the City of Diamond Bar conducted and
22
concluded a duly noticed public hearing on the Application.
6. The City Council of the City of Diamond Bar does hereby approve Zone Change No.
2002-03 based on the following findings, as required by Municipal Code Section 22.70.050
and in conformance with California Government Code Section 65853 and 65860.
7. Following due consideration of public testimony, staff analysis and the Planning
Commission recommendation, the City Council hereby finds that Zone Change No. 2002-03
set forth within amends the Zoning Map and is consistent with the General Plan and the
adopted goals and policies of the City, and that the Zoning Map does not presently reflect the
General Plan land use designation of Rural Residential for the subject property. Zone
Change No. 2002-03 will replace the City's Zoning Map, in conformance with the General
Plan by designating the subject property as Rural Residential (RR).
8. The City Council hereby finds that the zone change identified above in the Ordinance
was addressed in Environmental Impact Report No. 2004-01 (SCH #2003071051) prepared
for Vesting Tentative Tract Map No. 53670 accord ing to the requirement s of the California
Environmental Quality Act (CEQA) and guidelines promulgated hereunder and determined
not to have a significant effect on the environment.
B. Resolution .
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
1. The zoning designation for the following property identified as APN #8713-028-030 is
hereby changed from R-1-20,000 to Rural Residential (RR) and shall allow uses listed for the
RRzoning districts in Table 2-3 of the Development Code.
2. The City Clerk is directed to amend the Zoning Map to reflect the referenced property's
new zoning designation
BY:
PASSED, APPROVED AND ADOPTED THIS DAY OF
2 005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
Wen P. Chang, Mayor
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I, Linda C. Lowry, City Clerk of the City of Dia mond Bar do hereby certify that the foregoing
Ordinance was introduced ata regular meeting of the City Council of the City of Diamond Bar
held on the _____ day of ....... 2005 and was finally passed at a regular meeting of the
City Council of the City of Diamond Bar held on the ______day of ........ 2005 by the
following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
24
Linda C. Lowry, City Clerk,
City of Diamond Bar
CITYCOUNCIL
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT
CONDITIONAL USE PERMIT NO. 2002-17 AND TREE PERMIT
NO. 2002-12 FOR VESTING TENTATIVE TRACT MAP NO.
53670, A FIVE LOT RESIDENTIAL SUBDIVISION FOR THE
EVENTUAL DEVELOPMENT OF FIVE SINGLE-FAMILY CUSTOM
HOMES AND THE REMOVAL/REPLACEMENT OF OAK AND
WALNUT TREES. THE PROJECT SITE IS LOCATED AT THE
SOUTHERLY TERMINUS OF AL AMO HEIGHTS DRIVE (EAST
SIDE), DIAMOND BAR, CALIFORNIA.
A. RECITALS .
1. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC
has filed an application for Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12
related to Vesting Tentative Tract Map No. 53670 as described in thetitle of this Resolution.
Hereinafter in this Resolution, the subject Conditional Use Permit and Tree Permit shall be
referred to as the "Application."
2. On November 23, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed pub lic hearing on the Application.
3. On December 16 2004, pub lic hearing notices were mailed to approximately 115
property owners of record within a 1,000 -foot radius of the project site. On December 23,
2004, notification of the public hearing for this project was provided in the San Gabriel Valley
Tribune and Inland Valley Bulletin newspapers. Public hearing notices were posted in
three public places within the City of Diam and Bar and the project site was posted with a
display board by December 20, 2004. Additionally and pursuant to Public Resource Code,
Section 21092.5, agencies commenting on the project's Environmental Impact report were
notified in writing of the January 4, 2005 City Council public hearing on December 20, 2004.
4. On January 4, 2005, the City Council of the City of Diamond Bar conducted and
concluded a duly noticed public hearing on the Application.
25
B. Resolution .
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The City Council hereby finds that the project identified above in this
Resolution required and Environmental Impact Report (EIR). EIR No. 2004-
01 (SCH # 2003071051) has been prepared according to the requirements of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. For the EIR the 45 day pub lic review period began July 23, 2004
and ended September 6, 2004. Furthermore, the City Council has reviewed
the EIR and related documents in reference to the Application.
3. The City Council hereby specifically finds and determines that, having considered the
record as a whole including the findings set forth below, and changes and alterations which
have been incorporated into and conditioned upon the proposed project set forth in the
application, there is no evidence before this City Council that the proj ect proposed herein will
have the potential of an adverse effect on wild life resources orthe habitat upon which the
wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the
presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California
Code of Regulations.
4. Based on the findings and conclusions set forth herein, this City Council hereby finds
as follows:
(a) The project relates to vacant land located at terminus of Alamo Heights Drive (on the
east side) within a gated community identified as "The Country Estates" which consists
of large single-family homes. The project site is directly south of Alamo Heights Drive
which would be extended to provi de access to the project site.
(b) The project site has a General Plan land use designation of Rural Residential (RR)
Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence-Minimu m Lot Size 20,000
Square Feet (R-1-20,000) Zone.
(d) Generally to the north, south, east and west, the Single Family Residence-Minimu m
Lot Size 20,000 square feet (R-1-20,000) zoning district surrounds the project site.
(e) The Application request is to certify the Environmental Impact Report; to subdivide a
7.5 acres site into five parcels with a minimum lot size of one acre for the eventual
26
development of five single-family custom homes; to change the existing zoning from
R-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; and to
remove and replace oak and walnut trees.
Conditional Use Permit/Hillside Manaciement
The City Council shall evaluated a Conditional Use Permit for hillside
development based on the following objectives and required findings
(f) The preservation of natural topographic features and appearances by means of
landform grading so as to blend man-made or manufactured slopes into the natural
topography;
The proposed map is a five lot residential subdivision for the eventual development of
five single-family custom homes. The map approval includes grading the project site
in a manner that will create five developable pads, Street `A" within the map
boundaries and the extension of Alamo Height Drive. The proposed project will result
in changes in the existing topography of the project site. Grading will create
manufactured slopes at a 2:1(ho rizontal to vertical) ratio utilizing a landform grading
technique. Asa result, manufactured slope will have characte ristics resembling slopes
created bynature. Round -off cut edges will be utilized to conform to the natural grade.
Proper transitioning to natural slopes will be achieved through the use of irregular
curvilinear shapes that will blend into the adjoining topography. Revegetaion of the
manufactured slope will be app lied in patterns which occur in nature. Down slope
drainage devices will be designed to follow the natural lines of the landform graded
manufactured slopes, ortucked away in special swale and berm combinations in order
to conceal the drains from view. Therefore, the proposed project will provide the
appearance of natural topographic features by means of landform grading so as to
blend man-made ormanufactured slopes into the natural topography.
(g) The preservation of natural features and appearances through restrictions on
successive padding and terracing ofbuilding sites;
The proposed map is not the type of project that would tend to utilize successive
padding and terracing of building sites. The project is located within a gated
community that has a General Plan land use designation of Rural Residential which
prescribes minimum lot sizes atone acre and with a maximu m of one dwelling unit per
acre. The zoning designation as prescribe in Zone Change 2002-03 for this project
also requires minimum lot sizes of one acre with a maximum of one dwelling unit per
acre. As such, the proposed map is in compliance with the General Plan and will be
able to accommodate the applicable development standards of the RR zoning district
as well as development standards set forth in the conditions ofapproval.
(h) The retention of major natural topographic features, drainage courses, steep slopes,
watershed areas, vernal pools, viewcorridors, and scenic vistas;
EIR No. 2004-01 (SCH #200307 1051) has been prepared for the proposed project and
has analyzed visual impacts, scenic resources, drainage courses, watershed areas,
27
steep slopes and vernal pools. Although the project site is currently undeveloped
vacant land, it does not contain any unique aesthetic features or scenic resources.
Topographic features and slopes have been addressed above in Finding (t) and with
mitigation measures from the Mitigation Monitoring Program that will be incorporated
into the proposed project, it is anticipated that the environmental impacts related to
topographic features and slopes will be mitigated to a level ofless than significant.
Pursuant to the EIR, the proposed project site lies within the `Los
Angeles -San Gabriel" Hydrology Unit and is in the San Gabriel River
watershed boundaries. The watershed originates in the San Gabriel
Mountains and eventually water discharges into the Pacific Ocean.
For the project site, a drainage plan was prepared. The project site,
as undeveloped land, does not contain any existing drainage facilities.
Storm water currently drains into an un -named tributary ofTonner
Canyon Creek. Off-site areas and manufactured slopes within the
footprint of the project site would be routed via brow ditches to the
southern project boundary. After construction of the project storm
water runoff from the site would continue to drain into Tonner Canyon
Creek. Therefore, the existing drainage pattern would not be
substantially altered. Additionally, vernal pools are not related to the
proposed project.
According to the EIR, prominent visual characteristics of
the project site are the natural landscape features, including the
undeveloped hillside and the natural vegetation within the project
boundaries. There are no exceptional orunique aesthetic features or
scenic vistas present within the project boundaries. Only existing
homes adjacent to the project site or on adjacent ridgelines have
views of the project site. With the incorporation of mitigation measure
such as: using landform grading techniques in order to minimize the
visual impacts to the natural topography and maintain the look of
natural slopes to the maximum extent,- revegetation ofmanufacture
slopes on the project site with natural and drought tolerant plant
material, and the planting ofvegetat ion associated with the future new
homes will contribute to the visual continuity of the project site with the
surrounding environment. Asa result aesthetic and visual impacts
associated with the proposed project will be less than significant.
(o) The preservation and enhancement of prominent landmark features, significant
ridgeline, natural rock outcropping, protected trees and woodlands (Chapter 22.28,
Tree Preservation and Protection), and other areas of special natural beauty;
The preservation and enhancement of prominent landmark features and significant
ridgeline is addressed in the above referenced Findings (0 and (h). According to the
EIR, natural rock outcroppings do not exist at the project site.
According to the EIR prepared for the project site, focused
28
surveys were prepared for native trees and special status
plants/vegetatio n. The potential significance ofenvironmental impacts
on biological resources has been assessed. The proposed project
would impact 2.96 acres of oak woodland, 2.28 acres of walnut
woodland 71 coast live oak trees, 26 scrub oak and 111 southern
California black walnut trees. However, with the incorporation of
mitigation measures as follows and prescribed in the Mitigation
Program, the cumulative impacts would be reduced to level ofless
than significant. The mitigation measures are as follows:
• The site for mitigation will be determined in coordination with the
project applicant, the City and resource agencies;
• A combination of on-site or off-site preservation and/or restoration
atno less than a 1:1 acreage ratio;
• Native tree protection at a 3:1 ratio to replace 71 coast live oak
trees, 26 scrub oak and 111 California black walnuts (for a total of
208 trees to be replaced);
• Develop a planting schedule which requires planting to occur in
late fall early winter between October 30, to January 30;
• Biological monitoring ;
• Obtain appropriate permits from California Department of Fish and
Game,
• U.S. Fish and Wildlife Services, U.S. Army Corps of Engineers
and State Water Resource s Control Board; and
• Lighting plan reviewed and appro ved by the City demonstrating
that lighting from the project will be directed away from natural
open space areas.
(p) The utilization of varying setbacks, building heights, foundation design and compatible
building forms, materials, and colors which serve to blend buildings into the terrain;
The proposed map will cause the eventual development of five custom single-family
homes. The homes will be required to comply with develop ment standards set forth by
conditions ofapproval within this resolution that relate to setbacks, building height and
the location of accessory structures. Additionally, future homes will be required to
obtain approval through the City's Development Review process. Colors and material
will be required to be compatible with other homes in the surrounding area.
Furthermore, the City's Design Guidelines will also apply to the development of future
homes. Foundation design will be required to comply with the California Uniform
Building Code.
(q) The utilization of clustered sites and buildings on more gently sloping terrain so as to
reduce grading alterations on steeper slopes;
As referenced above in Finding (g), the proposed map is not the type of project that
would tend to utilize clustering of sites and building due to the General Plan land use
designation and proposed zoning district which is compliance with the General Plan.
29
The project is located within a gated community that has a General Plan land use
designation of Rural Residential which prescribes minimum lot sizes at one acre and
with a maximum ofone dwelling unit per acre. The zoning designation asprescribe in
Zone Change 2002-03 for this project also requires minimum lot sizes ofone acre with
a maximum ofone dwelling unit per acre. As such, the proposed map is in compliance
with the General Plan and will be able to accommodate the applicable development
standards of the RR zoning district as well as development standards set forth in the
conditions of approval. Furthermore Finding (t) referenced above, discusses grading
alterations on slopes.
(r) The utilization of building designs, locations, and arrangem ents, which serve to avoid
continuous intrusive Skyline effect and which afford a few privacy and protection;
At this time, the construction of residential units is not part of the application request.
The future development will be required to obtain approval through the City's
Development Review process and comply with the City's Design Guidelines and
comply with development standards set forth in this resolution. This process analyzes
building designs, locations, and arrange ments, privacy and protection.
(s) The preservation and introduction of plant materials are to protect slopes from soil
erosion and slippage and minimize the visual effect of grading and construction and
hillside area; and
Grading will create manufactured slopes at a 2:1(horizontal to vertical) ratio utilizing a
landform grading technique. Asa result, manufactured slopes will have characteristics
resembling slopes created by nature. Round- off cut edges will be utilized to conform
to the natural grade. Proper transitioning to natural slopes will be achieved through
the use of irregular curvilinear shapes that will blend into the adjoining topography.
Revegetaion of the manufactured slope will be applied in patterns which occur in
nature, thereby minimizing the visual effect of grading. The revegetation will be
accomplished with suitable plan t material requiring minimal cultivation and irrigation in
order to thrive, thereby fostering slope stability and minimizing the potential for
erosion.
(t) The utilization of street designs and improvements which serve to minimize grading
alterations and harmonize with the natural contours and character ofthe hillside;
The proposed project is located at the terminus of Alamo Heights Drive. The project
proposes one street, identified as Street A", that will take access off ofAlamo Heights
Drive. However, the applicant will be required to improve and extend Alamo Heights
Drive along the project site to the most southern boundary of the proposed map. The
improvement and extension shall align with and be compatib le with existing
development and proposed VTTM 53430. It will be required that the grade of Alamo
Heights Drive be lowered in order to align the road with proposed VTTM 53430. All
improvements and the extension of Alamo Heights Drive will be constructed to the
satisfaction ofthe City Engineer.
Tree Permit
30
(It shall be necessary that one or more of the following findings is made, otherwise
the application shall bedenied.)
(q) The tree is so poorly formed due to stunted growth that its preservation would not
result in any substantial benefits to the community;
(r) The tree interferes with utility services, or streets and highways, either within or
outside of the subject property, and no reasonable alternative exists other than
removal orpruning ofthe tree(s);
(s) The tree is a potential public health and safety hazard due to the risk of it falling and its
structural instability cannot be remediated;
(t) The tree is a public nuisance by causing damage to improvements, (e.g., building
foundation, retaining walls, roadwa ys/driveways, patios, and decks);
(u) The tree is host to an organism, which is parasitic to another species of tree that is in
danger of being exterminated by the parasite;
(v) The tree belongs to a species which is known to be a pyrophitic or highly flammable
and has been identified as a public safety hazard; and
(w) Preservation of the tree is not feasible and would compromise the property owner's
reasonable use and enjoyment of property or surrounding land and appropriate
mitigation measures will be implemented in compliance with Section 22.38.130 (Tree
Replacement/Relo cation Standards
According to the EIR prepared for the project site, focused
surveys were prepared for native trees and special status
plants/vegetatio n. The potential significance ofenvironmental impacts
on biological resources has been assessed. The proposed project
would impact 2.96 acres of oak woodland, 2.28 acres of walnut
woodland 71 coast live oak trees, 26 scrub oak and 111 southern
California black walnut trees. Preservation of the said specified
vegetation impedes the grading of the project site and the
development ofbuildable pads, thereby compromising the applicant's
ability to reasonably develop the subject site. However, with the
incorporation ofmitigation measures as prescribed in the Mitigation
Program incorporated into the EIR, the impacts would be reduced to
level of less than significant. The mitigation measures are as follows:
• The site for mitigation will be determined in coordination with the
project applicant, the City and resource agencies;
• A combination of on-site or off-site preservation and/or restoration
31
atno less than a 1:1 acreage ratio;
• Native tree protection at a 3:1 ratio to replace 71 coast live oak
trees, 26 scrub oak and 111 California black walnuts (for a total of
208 trees to be replaced);
• Develop a planting schedule which requires planting to occur in
late fall early winter between October 30, to January 30;
• Biological monitoring ;
• Obtain appropriate permits from California Department of Fish and
Game,
• U.S. Fish and Wildlife Services, U.S. Army Corps of Engineers
and State Water Resources Control Board; and
5. Based on the findings and conclusions set forth above, the City Council hereby
approves Hillside Management Conditional Use Permit No. 2002-17 and Tree Permit No.
2002-12 for VTTM 53670 subject to the following the following conditions:
a. General
(1) The project site shall be developed in substantial conformance with VTTM 53670,
except as conditions herein, and as conditioned in Zone Change No. 2002-03,
Conditional Use Permit No. 2002-17, and Tree Permit No.2002-12 submitted to and
approved bythe City Council collectively attached hereto as Exhibit"A"-the subdivision
map, Exhibit "B" - Mitigation Monitoring Program dated November 11, 2004, and
Exhibit "C" - Environmental Impact Report as modified herein.
(2) The site shall be maintained in a condition , which is free of debris both during and after
the construction, addition, or implementation of the entitlement granted herein. The
removal of all trash, debris, and refuse, whether during or subsequent to construction
shall be done only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection, transportation,
and disposal of solid waste from residentia I, commercial, construction, and industrial
areas within the City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar to provide such
services.
(3) This grant shall be null and void and of no affect unless the
Environmental Impact Report No. 2004-01 (SCH #2003071051) is
certified and Tentative Tract Map No. 53670, the Mitigation Monitoring
Program and Zone Change Number 2002-03 are approved.
(4) This approval shall not be effective for any purpose until the applicant and owner of
the property involved have filed within 15 days of approval of this map, at the City of
Diamond Bar Community and Development Services Department/Plann ing Division an
Affidavit of Acceptance stating that they are aware of it agreed to accept all the
conditions of this approval. Further, this approval shall not be effective until the
applicant pays all remaining Planning Division fees.
32
(5) In accordance with Government Code Section 66474.9(b) (1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding
to attack, set-aside, void or annul, the approval of VTTM 53670
brought within the time period provided by Government Code Section
66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action: In accordance with
Government Code Section 66474.9(b) (1), the applicant shall defend,
indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of VTTM 53670 brought within the time
period provided by Government Code Section 66499.37. In the event
the city and/or its officers, agents and employees are made a party of
any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims;
and
(b) Applicant shall promptly pay any final judgment rendered against
the City descendents.
The City shall promptly notify the applicant or any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
(6) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and
all other applicable construction codes, ordinances and regulations in effect atthe time
the application was deemed complete.
(7) Notwithstanding any previous subsection ofthe resolution, the Department of Fish and
Game requires payment of the fee pursuant to
33
Section 711.4 of that Fish and Game Code. Said payment shall be made by the
applicant to the city with in five days of this grant's approval.
(8) Priorto final map approval, the applicant shall pay a fee to the City in -lieu ofdedication
for parkland pursuant to Subdivision Ordinance Chapter 21.32.
(8) Applicant shall pay development fees (including but not limited to
Planning, Building and Safety, Public Works and Engineering
Divisions and Mitigation Monitoring) at the established rates, prior to
final map approval, issuance of build ing or grading permit (whichever
comes first), as required by the City. School fee shall be paid prior to
the issuance ofa Building and Safety Division permit. Additionally, the
applicant shall pay all remaining prorated City project review and
processing fees prior to the map's recordation as requi red by the City.
(10) Pursuant to Subdivision Map Act Section 66463.5, VTTM 53670 is
valid for three years. An extensi on of time may be requested in writing
and shall only be considered if submitted to the city no less than 60
days prior to approval's expiration date. Final map approval will not be
granted unless the map is in substantial compliance with VTTM 53670
including all conditions and the applicant has entered into a
subdivision improvement agreement to the satisfaction of the City
Atto rn ey.
(11) The project site shall be maintained and operated in full compliance with the conditions
of approval and all laws, or other applicable regulations.
b. Planninq
(1) The Mitigation Monitoring Program outlined in Environmental Impact No. 2004-01
(SCH #2003071051) and approved by the City shall be implemented and complied
with rigorously. The mitigation monitoring fees shall be deposit ed with the City, 90
days prior to the issuance of a grading permit. All costs related to the ongoing
monitoring shall be secured from the applicant and received by the City prior to the
approval ofthe final map.
(2) Prior to final map recordation, the applicant shall provide evidence of annexation into
"The Country Estates" Homeowners Association. Each lot of VTTM 53670 shall be
subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's).
(3) Prior to the final map recordation, the app lication shall provide the City with a "Buyer's
Awareness Package." for the City's review and approval. The "Buyer's Awareness
Package" shall include, but is not limited to, information pertaining to geological issues
regarding the property, wildlife corridors, oak and walnut trees, natural vegetation
preservation issues, maintenance prog ram for urban pollutant basins, fuel
modification, all mitigation measures within the Mitigation Monitoring Program and
Exhibit "A" which delineates each lot's building envelope, explanatory information
pertaining to restrictions on the use of properties as necessary, and similar related
34
matters. The applicant shall give each bu yer a copy of the "Buyer's Awareness
Package" and shall document their receipt of the same in the escrow instructions of
each lot and document their receipt to the City.
(4) Applicant, through the "Buyer's Awarene ss Program" shall encourage, the segregation
of green waste for reuse as specified under the City's Source Reduction Recycling
Element, and County Sanitation District's waste division policies.
(5) Proposed future custom single-family residential units shall comply with the City's
Development Review process.
(6) All single-family residential units shall be required to obtain Development Review
approval. Additionally, single-family residential dwelling units shall utilize the following
development standards:
(a) Front yard setback minimum 30 feet from front property line;
(b) Side yard setbacks minimum 10 and 15 feet from the edge ofthe
buildable pad or side property lines, whichever is applicable;
(c) Distance between single-family residential dwelling units shall be
a minimum of40 feet;
(d) Rear yard setback minimum 25 feet from the edge of the
buildable pad or rear property line, whichever is applicable; and
(e) Accessory structures shall utilize setback distances from the
edge of pad or property line whichever is applicable and be
consistent with the Rural Residential zoning districtatthe time of
permit issuance.
(7) All ground -mounted utility appurtenances such as transformers, air conditioning
condensers, etc. shall be located out of public view and adequately screened through
the use of a combination of concrete or masonry walls, berms, and/or landscaping to
the satisfaction ofthe Planning Division.
(8) All lighting fixtures adjacent to interior property lines shall be approved by the Planning
Division as to type, orientation and height.
(9) All terrace drains and drainage channels shall be constructed in muted earth tones so
as not to impart adverse visual impacts. Terrace drains shall follow landform slope
configuration and shall not be placed in an exposed positions. All down drains shall be
hidden in swales diagonally or curvilinearly across a slope face.
(10) Prior to the issuance of grading permit or the initiation of any activity that involves the
removal/disturba nce of oak and walnut woodland habitat, the applicant shall develop a
detail oak and walnut woodland mitigation plan in accordant ewith the EIR's Mitigation
Program and submit the plan to the City for review and approval. Mitigation shall
include offsite preservation and or restoration at no less than 1:1 acreage ratio. The
native trees protected under the City's tree preservation and protection standards
require a minimum replacement ratio of 3:1. It is estimated that 71 coast live oak, 26
35
scrub oak and 111 southern California black walnuts will be removed by a the project's
development, totaling to 208 trees. . However, mitigation offsite shall be in
accordance with the requirements and approval of the California Department of Fish
and Game. If in -lieu fees are utilized for a part of or all mitigation, this mitigation
method shall also be in accordance with the requirements and approval of the
California Department of Fish and Game and the City of Diamond Bar.
(11) Prior to the issuance of any City permits, the applicant shall submit a revegetation
landscape plan and irrigation plan for slopes within the project site for the City's review
and approval. Said slope shall be landscaped at the completion of grading activities.
All slope planting and irrigation and revegetation areas shall be continuously
maintained in a healthy and thriving condition by the developer until each individual
unit is sold and occupied by the buyer. Prior to releasing occupa ncy for the units, an
inspection shall be conducted by the Planning Division to determine that the
vegetation is in satisfactory condition.
(12) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building
Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National
Electrical Code) requirements.
c. Fire Department
(1) Emergency access shall be provided, mainta ining free and clear, a minimum 26 foot at
all times during construction in accordanc ewith Fire Department requirements.
(2) Prior to the issuance of any building permits for combustible construction, evidence
shall be submitted to the Fire Department that temporary water supply for fire
protection is available pending completion of the required fire protection system.
(3) All required fire hydrants shall be in stalled and tested and accepted prior to
construction. Vehicular access must be provided and maintained serviceable
throughout construction.
(4) Prior to the issuance ofa grading permit, theapplicant shall submit a fuel modification
plan, landscape/irriga tion plan prepared by a registered landsca pe architect to the Fire
Department for review and approval.
(5) Prior to recordation, the final map shall comply with all Fire Department requirements.
d. Public Works/Engineerin q Division
Gen era I
(1) Prior to final map approval, written certification that all utility services and any other
service related to the site shall beavaila ble to serve the proposed project and shall be
submitted to the City. Such letters shall be issued by the district, utility and cable
television company, within ninety (90) days prior to final map approval.
36
(2) Prior to final map approval and when fina I map is submitted for plan check, a title
report/guarantee showing all fee owners, interest holders, and nature of interest shall
be submitted. The account shall remain open until the final map is filed with the
County Recorder. An updated title report/guarantee and subdivision guarantee shall
besubmitted ten (10) working days prior to final map approval.
(3) Prior to the issuance of any City permits, the Applicant shall complete and record a
"Covenant and Agreement to Maintain a Single -Family Residence" on a form to be
provided by the City. The covenant shall be completed and recorded with the Los
Angeles County Recorders Office.
(4) Prior to final map approval, if any public or private improvements required as part of
this map have not been completed by applicant and accepted by the City, applicant
shall enter into a subdivision agreement with the City and shall post the appropriate
security. Cost Estimates for all bond amou nts shall be provided by the applicant and
approved bythe City Engineer.
(5) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and
storm drain improvement plans shall be approved by the City Engineer and surety
shall be posted and an agreement executed guaranteeing completion of all public and
private improvements.
(6) Details and notes shown on the vesting tentative map are not necessarily approved.
Any details or notes which may be inconsistent with requirements or ordinances,
general conditions of approval, or City policies shall be specifically approved to the
satisfaction of the City Engineer.
(7) All identified geologic hazards within the vesting tentative tract map boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the final
map as "Restricted Use Area" subject to geolog is hazard. The applicant shall dedicate
to the City the right to prohibi t the erection of buildings or other structures within such
restricted use areas shown on th a final map. All identified geologic hazards within the
vesting tentative tract boundar ies which cannot be eliminated as approved by the City
Engineer shall be indicated on the final map as "Restricted Use Area" subject to
geologic hazard. The applicant shall dedicate to the City the right to prohibit the
erection of buildings or other structures within such restricted use areas shown on the
final map.
(8) Prior to final map approval and the issuance of grading permit(s), surety shall be
posted and an agreement executed guaranteeing completion of all drainage facilities
necessary for dewatering all parcels to the satisfaction of the City Engineer.
(9) Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map, as approved by the City Engineer.
(10) Prior to finalization of any development phase, sufficient street, sewer, and drainage
improvements shall be completed beyond the phase boundaries to assure secondary
37
access, proper outfall for sewers and drainage protection to the satisfaction of the City
Engineer. Phase boundaries shall correspond to lot lines shown on the final map.
(11) Prior to final map approva I, applicant shall submit to the City Engineer the detail cost
estimates for bonding purposes of all public improvements.
(12) Prior to any work performed in the street right-of-way, fees shall be paid and a
construction permit shall be obtained from the Public Works Division in addition to any
other permits required.
(13) Applicant shall label and delineate on the final map any private drives or fire lanes to
the satisfaction of the City Engineer.
(14) Applicant shall submit recorded document(s) from the Diamond Bar Country Estates
Association indicating the project will have proper/adequate right -of -entry to the
subject site.
(15) Easements, satisfactory to the City Engineer and the utility compan ies, for public utility
and public services purposes shall be o ffered and shown on the final map for
dedication to the City.
(16) After the final map records, applicant shall submit to the Public Works/Engineerin g
Division, at no cost to the City, a full size reproducible copy of the recorded map. Final
approval of the public improvements shall not be given until the copy of the recorded
map is received by the Engineering Division.
(17) Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by
appropriate individuals certifying the plan for all improvements at no cost to the City.
(18) All improvements for the subject tract shall be coordinated with any existing or
proposed maps including TTM 53430 to the south.
(19) Applicant shall contribute funds to a separate engineering trust deposit against which
charges can be made by the City or its representatives for services rendered.
Charges shall be on an hourly basis and shall include any City administrative costs.
(20) Applicant shall provide digitized information in an Auto CADD format defined by the
City for all related plans, at no cost to the City.
(21) All activities/impro vements proposed for this map shall be wholly contained within the
boundaries of the map. Should any off-site activities/improvements be required,
approval shall be obtained from the affected property owner and the City as required
bythe City Engineer.
e. Grading
(1) Exterior grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between the
hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by
38
grading and construction activities shall be reduced by watering the soil prior to and
during the activities and in accordance with South Coast Air Quality Management
District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible.
Additionally, all construction equipment shall be properly muffled to reduce noise
levels.
(2) All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed within a 6
foot -high chain link fence. All access points in the defense shall be locked whenever
the construction site is not supervised.
(3) Precise grading plans for each lot shall be submitted to the Community and
Development Services Department/Plann ing Division for approval prior to issuance of
building permits. (This may beon an incremental orcomposite basis).
(4) Grading of the subject property shall be in accordance with the California Building
Code, City Grading Ordinance, Hillside Management Ordinance and acceptable
grading practices. The maximum grade of driveways serving building pad areas shall
be 15 percent.
(5) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils
and geology report shall be subm itted to the City Engineer for approval. Said report
shall be prepared by a qualified engineer and/or geologist licensed by the State of
California. Prior to the issuance of a grading permit, the report shall address, but not
be limited to the following:
(a) Stability analyses of daylight shear keys with a 1:1 projection
from daylight to slide plane; a projection plane shall have a
safety factor of 1.5;
(b) All soils and geotechn ical constraints (i.e., landslides, shear key
locations, etc.) shall be delineated in detail with respect to
proposed building envelopes. Restricted use areas and
structural setbacks shall be considered and delineated prior to
recordation of the final map;
(c) Soil remediation measures shall be designed for a "worst case"
geologic interpretation subject to verification in the field during
grading;
(d) The extent of any remedial grading into natural areas shall be
clearly defined on the grading plans;
(e) Areas of potential for debris flow shall be defined and proper
remedial measures implemented as approved by the City
Engineer;
(f) Gross stability of all fill slopes shall be analyzed as part of
geotechnical report, including remedial fill that replaces natural
slope;
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(g) Stability of all proposed slopes shall be confirmed by analysis as
approved by the City Engineer;
(h) All geologic data including landslides and exploratory
excavations must be shown on a consolidated geotechnical map
using the 40 -scale final grading plan as a base; and
(i) All geotechnical and soils related findings and recommendations
shall be reviewed and approved by the City Engineer prior to
issuance of any grading permits and recordation of the final map.
(6) Prior to issuance of grading permits, storm drain improvement plans shall be approved
by the City Engineer and County and surety shall be posted and an agreement
executed guaranteeing completion of all drainage facilities to the satisfaction of the
City Engineer.
(7) Final grading plans shal I be designed in compliance with the recommendations of the
final detailed soils and engineering geology reports. All remedial earthwork specified
in the final report shall be incorporated into the grading plans. Final grading plans shall
be signed and stamped by a California registered Civil Engineer, registered
Geotechnical Engineer and registered Engineering Geologist and approved bythe City
Engineer.
(8) A Standard Urban Stormwater Management Plan (SUSMP) conforming to City
Ordinance is required to be incorporated into the grading plan and approved by the
City Engineer.
(9) All slopes shall be seeded with native grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion of grading or some other alternative
method of erosion control sha II be completed to the satisfaction of the City Engineer
and a permanent irrigation system shall be installed.
(10) An erosion control plan shall be approved by the City Engineer. Erosion control plans
shall be made in accordance to the City's NPDES requirements.
(11) No grading or any staging or any construction shall be performed prior to final map
approval by the City Council and map recordation. All pertinent improvement plans
shall be approved by the City Engineer prior to final map approval by the City Council.
(13) Prior to final map approva I, the applicant shall submit plans that delineate adjustments
to the grades of Lots 4 and 5. The grade adjustment shall match the elevation of the
adjacent development Tentative Tract Map No. 53430 which is located to the south of
VTTM 53670. Said grade adjustments shall be subject to the review and approval of
the City Engineer.
f. Drainage
(1) All drainage improvements necessary for dewatering and protecting the subdivided
properties shall be installed prior to issuance of building permits, for construction upon
any parcel that may be subject to
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drainage flows entering, leaving, or within a parcel relative to
which a
building permit is requested.
(2) Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained from the Army Corps of Engineers and an
agreement with the California Department of Fish and Game shall be obtained and
submitted to the City Engineer.
(3) Storm drainage facilities shall be constructed within the street right-of-way or in
easements satisfactory to the City Engineer and the Los Angeles County Flood
Control Districts. All storm drain facilities plans shall be plan checked by the County
of Los Angeles and all fees required shall be paid by the applicant.
(4) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format
shall be submitted to and approved by the City Engineer and Los Angeles Public
Works Department prior to grading permit. All drainage facilities shall be designed and
constructed as required by the City Engineer and in accordance with County of Los
Angeles Standards. Private (and future) easements for storm drain purposes shall be
offered and shown on the final map for dedication to the City.
(5) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study
shall be prepared by a Civil Engineer registered in the State of California to the
satisfaction of the City Engineer and. Los Angeles Public Works Department.
(6) Applicant shall construct grading and drainage facilities on VTTM 53670 with a dry
pipe for future storm drain extension from the outlet manhole shown south to the
southerly end of Street A curb return to accommodate future extension.
g. Street
(1) Prior to final map approval, street names shall be submitted for City review and
approval. Street names shall not duplicate existing streets within the City of Diamond
Bar's postal service zip code areas.
(2) House numbering plans shall be submitted to and approved by the City Engineer prior
to issuance of building permits.
(3) Prior to final map recordation, the applicant shall submit plans delineating the
improvement and extension of Alamo Heights Drive for the City's review and approval.
The improvement and extension shall occur along the project site that fronts Alamo
Heights Drive to the most southern boundary of the proposed map. The improvement
and extension shall align with and be compatible with proposed VTTM 53430. The
improvement and extension of Alamo Heights Drive shall be completed prior to final
inspection ofgrading activities.
41
(4) Prior to the issuance of any City permits, the applicant shall provide written permission
to the satisfaction of the City from any property owners which will be affected by offsite
grading.
(5) Lowering the grade of Alamo Heights Drive is necessary in order to align the road with
proposed VTTM 53430. As a resu It, it shall be necessary to reconstruct the driveway
of 2510 Alamo Heights Drive (Lot 116 of Tract 30578) to match the new grade of
Alamo Heights Drive. Therefore, the applicant shall submit plans for the driveway
reconstruction for City review and approval and shall reconstruct the driveway to the
satisfaction ofthe City Engineer. The driveway reconstruction shall becompleted prior
to the completion of Alamo Heights Drive improvements.
(6) Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil
Engineer, shall be submitted to and approved by the City Engineer. Streets shall not
exceed a maximum slope of 12 percent.
(7) New street centerline monuments shall be set at the intersections of two or more
streets, intersections of two or more streets, intersections of streets with tract
boundaries and to mark the beginning and end ing of curves or the points of
intersection of tangents thereof. Survey notes showing the ties between all
monuments set and four (4) durable reference points for each shall be submitted to the
City Engineer for approval in accordance with City Standards, prior to issuance of
Certificate of Occup ancy.
(8) The design and construction of private street improvements shall be to City and
County standards and designed to a design speed of 35 mph.
(9) Prior to building occupancy, applicant shall construct base and pavement for all streets
in accordance with soils report prepared by a California registered soils engineer and
approved by the City Engineer or as otherwise directed by the City Engineer.
(10) The extension of Alamo Heights partial road extension south of Street "A" shall be
constructed as a partial width roadway with paving up to 24 feet in width and with
proper termini facilities per County standards. Said paving shall be at grades that can
accommodate utility extensions as necessary for future development to the south as
required by the City Engineer.
(11) Alamo Heights Drive (north of Street "A" shall be designed and constructed at full
width north of the Tract Boundary to the requirements of the City Engineer.
h. Utilities
(1) Prior to final map approval, a water system with appurtenant facilities to serve all
lots/parcels in the land division designed to the Walnut Valley Water District (WVWD)
specifications shall be provided and approved by the City Engineer. The system shall
include fire hydrants of the type and location as determined by the Los Angeles
County Fire Department. The water mains shall be sized to accommodate the total
42
domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire
Department.
(2) Prior to final map approval, the applicant shall construct or enter into an improvement
agreement with the City guaranteeing construction of the necessary improvements to
the existing water system according to Walnut Valley Water District (WVWD)
specifications to accommodate the total domestic and fire flows as may be required by
the City Engineer, WVWD and Fire Department.
(3) Prior to recordation of final map, applicant shall provide separate underground utility
services to each parcel per Section 21.24.4 00 of Title 21 of the City Code, including
water, gas, electric power, telephone and cable TV, in accordance with the respective
utility company standards. Easements required by the utility companies shall be
approved by the City Engineer.
(4) Applicant shall relocate and undergroun d any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
(5) Prior to submittal of the final map, written certification from Walnut Valley Water
District, Verizon, SCE, SCG and Century Communications stating that adequate
facilities are orwill be available to serve the proposed project sha II be submitted to the
City.
(6) Underground utilities shall not be constructed within the drip line of any mature tree
except as approved by a registered arborist.
i. Sewers
(1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the
City and County Engineer to verify that capacity is available in the sewerage system to
be used as the outfall for the sewers in this land division. If the system is found to be
of insufficient capacity, the problem shall be resolved to the satisfaction of the County
Engineer.
(2) Each dwelling unit shall be served by a separate sewer lateral which shall not cross
any other lot lines. The sanitary sewer system serving the tract shall be connected to
the City or District sewer system. Said system shall be of the size, grade and depth
approved by the City Engineer, County Sanitation District and Los Angeles County
Public Works Division and surety shall be provided and an agreeme nt executed prior
to approval of the final map.
(3) Applicant shall obtain connection permit(s) from the City and County Sanitation District
prior to issuance of building permits. The area within the tentative map boundaries
shall be annexed into the County Consolidated Sewer Maintenance District and
appropriate easements for all sewer main and trunk lines shall be shown on the final
map and offered for dedication on the final map.
43
(4) Applicant, at applicant's sole cost and expense, shall construct the sewer system in
accordance with the City, Los Angeles County Public Works Division and County
Sanitation District Standards prior to occupancy.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K.
Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boulevard, Diamond
Bar, CA 91765.
APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY 2005, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
y
Wen P. Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Dia mond Bar do hereby certify that the foregoing
Resolution was passed, approved and adopted ata regular meeting ofthe City Council ofthe
City of Diamond Bar held on the 4th day of January 2005 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Linda C. Lowry, City Clerk,
City of Diamond Bar
44
45
46
47
Agenda #
8.1
Meeting Date: January 4,
CITY COUNCIL = AGENDA REPORT
('oRPmk'
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Consider Appointment of a City Council Candidate to fill the vacant
Council seat.
RECOMMENDATION:
It is recommended that the City Council consider the appointment of either City Council
candidate Jack Tanaka or Dan Nolan or any other candidate the Council may select.
DISCUSSION:
The City Council has two decisions it must make relative to the appointment of new City
Councilmember to fill the vacancy created by the resignation of former City
Councilmember Bob Huff. These decisions are as follows:
1. The City Council must appoint an individual with a minimum of 3
Councilmembers voting for approval of that individual.
2. The City Council must decide if the appointed person will serve the remainder of
the term (December 2007) or until the next municipal election (November 2005).
The City Council can proceed with these decisions in any order or concurrent (i.e. the
Council can decide the length of term first and then vote for the replacement or can vote
for the replacement and length of term at the same time). If the Council decides to vote
for the replacement first prior to deciding the length of term, it should make the
appointment contingent upon the Council agreeing on the length of term.
If the Council is unable to agree on an appointment, it should proceed to the next item
on the agenda which is the resolution calling for a special election on June 7, 2005.
PREPARED BY:
David Doyle, Assistant City Manager
RESOLUTION NO. 2004 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, CALLING
AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 7, 2005, FOR THE ELECTION OF
A MEMBER OF THE CITY COUNCIL TO FILL A
VACANCY AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES.
WHEREAS, a vacancy in the office the City Council was created by the
resignation of Councilmember Bob Huff on December 6, 2004; and
WHEREAS, the term of office in which the vacancy occurs ends on December 4,
2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER THE
FOLLOWING:
SECTION 1. Pursuant to the requirements of laws of the State of California
pertaining to general law cities, there is called and ordered to be held in the City of
Diamond Bar, California on Tuesday, June 7, 2005 a Special Municipal Election for the
purpose of the election of a member of the City Council for the term of the office in
which the vacancy was created by the resignation of Councilmember Bob Huff which
ends December 4, 2007.
SECTION 2. The ballots to be used at the election shall be in form and content
as required by law.
SECTION 3. The City Clerk or his or her designee is authorized, instructed and
directed to procure and furnish any and all official ballots, notices, printed matter and all
supplies, equipment and paraphernalia that may be necessary to properly and orderly
conduct the election.
SECTION 4. The polls shall be open at seven o'clock a.m. on the day of the
election and shall remain open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, except as provided in Section 14401 of the
Elections Code of the State of California.
SECTION 5. Pursuant to Elections Code Section 12310, a stipend for services
for the persons named as precinct board members is fixed at the sum of $75 for each
inspector and $55 for each Clerk for the election. In addition, the sum of $25 will be
given to each precinct board member to attend a training class. The rental for each
polling place, where a charge is made, shall be the sum of $25 for the election. When
required, the compensation of the Custodian of the building shall be $25 for the election.
SECTION 6. In all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 7. Notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 8. The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON JANUARY 4, 2005.
Mayor
ATTEST
City Clerk
Agenda # 8.1
Meeting Date: January 4, 2005
CITY +COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Consider Appointment of a City Council Candidate to fill the vacant
Council seat.
RECOMMENDATION:
It is recommended that the City Council consider the appointment of either City Council
candidate Jack Tanaka or Dan Nolan or any other candidate the Council may select.
DISCUSSION:
The City Council has two decisions it must make relative to the appointment of new City
Councilmember to fill the vacancy crea ted by the resignation of former City
Councilmember Bob Huff. These decisions are as follows:
1. The City Council must appoint an individual with a minimum of 3
Councilmembers voting for approval of that individual.
2. The City Council must decide if the appo inted person will serve the remainder of
the term (December 2007) oruntil the nextmunicipal election (November 2005).
The City Council can proceed with these decisions in any order or concurrent (i.e. the
Council can decide the length ofterm first and then vote for the replacement orcan vote
for the replacement and length ofterm atthe sametime). If the Council decides to vote
for the replacement first prior to deciding the length of term, it should make the
appointment contingent upon the Council agreeing on the length of term.
If the Council is unable to agree on an appointment, it shoul d proceed to the next item
on the agenda which is the resolution calling for a special election on June 7, 2005.
PREPARED BY:
David Doyle, Assistant City Manager
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, CALLING
AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 7, 2005, FOR THE ELECTION OF
A MEMBER OF THE CITY COUNCIL TO FILL A
VACANCY AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES.
WHEREAS, a vacancy in the office the City Council was created by the
resignation of Councilmember Bob Huff on December 6, 2004; and
WHEREAS, the term of office in which the vacancy occurs ends on December 4,
2007
NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF DIAMOND BAR,
CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER THE
FOLLOWING:
SECTION 1. Pursuant to the requirements of laws of the State of California
pertaining to general law cities, there is called and ordered to be held in the City of
Diamond Bar, California on Tuesday, June 7, 2005 a Special Municipal Election for the
purpose of the election of member of the City Council for the term of the office in
which the vacancy was created by the resignation ofCouncilmember Bob Huff which
ends December 4, 2007.
SECTION 2. The ballots to be used at the election shall be in form and content
as required by law.
SECTION 3. The City Clerk or his or her designee is authorized, instructed and
directed to procure and furnish any and all official ballots, notices, printed matter and all
supplies, equipment and parapher nalia that may be necessary to properly and orderly
conduct the election.
SECTION 4. The polls shall be open at seven o'clock a.m. on the day of the
election and shall remain open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, except as provided in Section 14401 of the
Elections Code of the State of California.
SECTION 5. Pursuant to Elections Code Section 12310, a stipend for services
for the persons named as precinct board members is fixed at the sum of $75 for each
inspector and $55 for each Clerk for the election. In addition, the sum of $25 will be
given to each precinct board member to attend a training class. The rental for each
polling place, where a charge is made, shall bethe sum of $25 for the election. When
required, the compensation of the Custodian of the building shall be $25 for the election.
SECTION 6. In all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 7. Notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 8. The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON JANUARY 4, 2005.
Mayor
ATTEST
City Clerk
Agenda #
8.2
Meeting Date: January 4,
CITY COUNCIL = AGENDA REPORT
ooRroR
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Adoption of Resolution No. 2005 -XX calling a Special Municipal Election to
be held on June 7, 2005 to fill vacant Council seat.
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution calling for a
special election to be held on June 7, 2005 for the purpose of filling the vacant Council
seat.
FINANCIAL SUMMARY:
It is estimated that the cost for the election will be approximately $60,000. These funds
will be appropriated through the mid -year budget adjustment process.
DISCUSSION:
The resignation of Councilmember Huff following his ascension to the State Assembly
created a vacancy on the City Council. In accordance with State law, the City Council is
required to either appoint a replacement or call a special election within 30 days from
the date of Mr. Huff's resignation.
January 5, 2005 will mark the 30th day since Mr. Huff's resignation; so unless the
Council appoints a replacement tonight or calls for a special meeting for January 511 to
make the appointment, the Council must call for a special election tonight. In order to
call a special election, the Council must adopt the attached resolution. The attached
resolution specifies that the person elected to fill the vacancy will serve the remainder of
the term which expires December 2007.
PREPARED BY:
David Doyle, Assistant City Manager
Attachments:
1. RESOLUTION NO. 2003 -XX CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION;
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, CALLING
AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 7, 2005, FOR THE ELECTION OF
A MEMBER OF THE CITY COUNCIL TO FILL A
VACANCY AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES.
WHEREAS, a vacancy in the office the City Council was created by the
resignation of Councilmember Bob Huff on December 6, 2004; and
WHEREAS, the term of office in which the vacancy occurs ends on December 4,
2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER THE
FOLLOWING:
SECTION 1. Pursuant to the requirements of laws of the State of California
pertaining to general law cities, there is called and ordered to be held in the City of
Diamond Bar, California on Tuesday, June 7, 2005 a Special Municipal Election for the
purpose of the election of a member of the City Council for the term of the office in
which the vacancy was created by the resignation of Councilmember Bob Huff which
ends December 4, 2007.
SECTION 2. The ballots to be used at the election shall be in form and content
as required by law.
SECTION 3. The City Clerk or his or her designee is authorized, instructed and
directed to procure and furnish any and all official ballots, notices, printed matter and all
supplies, equipment and paraphernalia that may be necessary to properly and orderly
conduct the election.
SECTION 4. The polls shall be open at seven o'clock a.m. on the day of the
election and shall remain open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, except as provided in Section 14401 of the
Elections Code of the State of California.
SECTION 5. Pursuant to Elections Code Section 12310, a stipend for services
for the persons named as precinct board members is fixed at the sum of $75 for each
inspector and $55 for each Clerk for the election. An additional stipend of $25 shall be
paid to all precinct board members who work on election day that attend the City -
provided training class. The rental for each polling place, where a charge is made, shall
be the sum of $25 for the election. When required, the compensation of the Custodian
of the building shall be $25 for the election.
SECTION 6. In all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 7. Notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 8. The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON JANUARY 4, 2005.
Mayor
ATTEST
City Clerk
Agenda # 8.2
Meeting Date: January 4, 2005
CITY +COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Adoption of Resolution No. 2005- XX calling a Special Municipal Election
to be held on June 7, 2005 to fill vacant Council seat.
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution calling for a
special election to be held on June 7, 2005 for the purpose of filling the vacant Council
seat.
FINANCIAL SUMMARY:
It is estimated that the cost for the election will be approximately $60,000. These funds
will be appropriated through the mid -year budget adjustment process.
DISCUSSION:
The resignation of Co uncilmember Huff following his ascension to the State Assembly
created a vacancy on the City Counc il. In accordance with State law, the City Council is
required to either appoint a replacement or call a special election within 30 days from
the date of Mr. Huffs resignation.
January 5, 2005 will mark the 30th day since Mr. Huffs resignation; so unless the
Council appoints a replacement tonight or calls for a special meeting for January 5th to
make the appointment, the Council must call for a special election tonight. In order to
call a special election, the Council must adopt the attached resolution. The attached
resolution specifies that the person elected to fill the vacan cywill serve the remainder of
the term which expires December 2007.
=02-11:1091i'1
David Doyle, Assistant City Manager
Attachments:
RESOLUTION NO. 2003 -XX CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION;
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, CALLING
AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 7, 2005, FOR THE ELECTION OF
A MEMBER OF THE CITY COUNCIL TO FILL A
VACANCY AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES.
WHEREAS, a vacancy in the office the City Council was created by the
resignation of Councilmember Bob Huff on December 6, 2004; and
WHEREAS, the term of office in which the vacancy occurs ends on December 4,
2007
NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF DIAMOND BAR,
CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER THE
FOLLOWING:
SECTION 1. Pursuant to the requirements of laws of the State of California
pertaining to general law cities, there is called and ordered to be held in the City of
Diamond Bar, California on Tuesday, June 7, 2005 a Special Municipal Election for the
purpose of the election of member of the City Council for the term of the office in
which the vacancy was created by the resignation ofCouncilmember Bob Huff which
ends December 4, 2007.
SECTION 2. The ballots to be used at the election shall be in form and content
as required by law.
SECTION 3. The City Clerk or his or her designee is authorized, instructed and
directed to procure and furnish any and all official ballots, notices, printed matter and all
supplies, equipment and parapher nalia that may be necessary to properly and orderly
conduct the election.
SECTION 4. The polls shall be open at seven o'clock a.m. on the day of the
election and shall remain open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, except as provided in Section 14401 of the
Elections Code of the State of California.
SECTION 5. Pursuant to Elections Code Section 12310, a stipend for services
for the persons named as precinct board members is fixed at the sum of $75 for each
inspector and $55 for each Clerk for the election. An additional stipend of $25 shall be
paid to all precinct board members who work on election day that attend the City -
provided training class. The rental for each polling place, where a charge is made, shall
bethe sum of $25 for the election. When required, the compensati on of the Custodian
of the building shall be $25 for the election.
SECTION 6. In all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 7. Notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 8. The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON JANUARY 4, 2005.
Mayor
ATTEST
City Clerk