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1/4/2005
Tuesday, January 4, 2005 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Wen Chang Mayor ProTem Debby O'Connor Council Member Carol Herrera Council Member Bob Zirbes City Manager Linda C. Lowry City Attorney Michael Jenkins City Clerk Linda C. Lowry Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items andlor other items of interest, which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Mayor. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give his or her presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other citizens. Comments which are not conducive to a positive business meeting environment will not be tolerated. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Mayor may from time to time dispense with public comment on items previously considered by the Council. In accordance with State Law (Brown Act), all matters to be acted upon by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency, or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBER The Mayor shall order removed from the Council Chamber any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the staff thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the Council; and D. Any other unlawful interference with the due and orderly conduct of said meeting INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed on the City's website at www.ci.diamond-bar.ca.us. Every meeting of the City Council is recorded on cassette and videotapes and duplicates are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone 909-839-7000 between 7:30 a.m, and 5:30 p.m., Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of Agendas, Rules of the Council, CassettefVideo Tapes of meetings (909) 839-7016 Computer Access to Agendas www.ci.diamond-bar.ca.us General Information (909) 839-7000 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA - Rev. 312010311b THIS MEETING 1S 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 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2005-01 Next Ordinance No. 01 (2005) 6:30 p.m. Mayor Pastor Bob Stebe, Northminister Presbyterian Church Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang Mayor 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 addressing the 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. JANUARY 4, 2005 PAGE 2 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING —January6, 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: 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 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; 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 FIII 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: AGENDA NO. 6.1.1 City Council Study Session Minutes of December 7, 2004 TO BE CONTINUED TO JANUARY 18, 2005 DRAFT 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. No. 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: INVOCATION: gave the invocation. ROLL CALL: Herrera and Mayor Zirbes. Mayor Zirbes led the Pledge of Allegiance. Monsignor James Loughnane, St. Denis Catholic Church Council Members Chang, O'Connor, 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; 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 Pian — 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; 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 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 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 perforin. This next year will be a very important DECEMBER 7, 2004 PAGE 3 CITY COUNCIL 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 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 DECEMBER 7, 2004 PAGE 4 CITY COUNCIL 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 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 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. CITY COUNCIL 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. 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 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 35th 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: 1 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 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 u rge you to make the only selection that can be made — 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 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 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. 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 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 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 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. 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 theirfunction 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 staffs report. 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 DECEMBER 7, 2004 PAGE 10 CITY COUNCIL Finance Committee, staff rescinded. In conclusion, it redundant process since all check register. recommends that the entire resolution be is a good business decision to eliminate a Council Members have access to review the 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 NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Zirbes, MPT/Herrera, C/Chang O'Connor 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 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. 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 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 60th 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 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. DECEMBER 7, 2004 PAGE 12 CITY COUNCIL 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 No. 6.1.3 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 14, 2004 s 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 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., AQMDIGovernment 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/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 1N 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 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. 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 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 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 DECEMBER 14, 2004 PAGE 5 CITY COUNCIL 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 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 DECEMBER 14, 2004 PAGE 6 CITY COUNCIL 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 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 DECEMBER 14, 2004 PAGE 7 CITY COUNCIL 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. 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. MlChang 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 taken: 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 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 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 at the south end of town. C/Zirbes is a 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 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 the DECEMBER 14, 2004 PAGE 10 CITY COUNCIL 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 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: 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 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 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 allow every 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 M/Chang closed public comments. CITY COUNCIL 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 REPORTSICOUNCIL 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 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 DECEMBER 14, 2004 PAGE 13 CITY COUNCIL 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. 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 2 3 4 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. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As Presented. 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 corrected. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: ABSTAIN: 5. OLD BUSINESS: 6. NEW BUSINESS 14Eel A11►T16*3He] il�I COMMISSIONERS COMMISSIONERS COMMISSIONERS None None VC/Tanaka, Tye, Low, McManus, C/Nolan None None None NOVEMBER 23, 2004 Page 2 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 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 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 questions. He stated that he read staff's repo conditions of approval including the mitigation report. Chair/Nolan opened the public hearing. answer Commissioners' rt and concurred with the outlined in the arborist's NOVEMBER 23, 2004 Page 3 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 Development 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 4 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 7.3 Vesting Tentative Tract Map No. 53670, Zone Change 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: Southerly Terminus of Alamo 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 staff's report. Staff recommended that the Planning Commission recommend certification to City Council of the Draft Environmental Report No. 2004-01 (SCH#2003071051) and recommend NOVEMBER 23, 2004 Page 5 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/Lunge 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 development stages. A Draft EIR was distributed to the public and the public NOVEMBER 23, 2004 Page 6 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 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 NOES: COMMISSIONERS ABSENT: COMMISSIONERS Chair/Nolan, VC/Tanaka, Low McManus, Tye None 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 8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: VC/Tanaka wished everyone a safe and happy Thanksgiving Holiday. NOVEMBER 23, 2004 Page 7 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. Res ctful bmitted, Ja DeSt2ager c Deputy City Attest: ffJ Dan Nolan,Chair-mani/ Agenda # 6.3 Meeting Date: Jan. 4, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City ManagerC) Cc egt J TITLE: Ratification of Check Register dated December 30, 2004. RECOMMENDATION: Ratify Check Register dated December 30, 2004 in the amount of $937,959.11. FINANCIAL IMPACT: Expenditure of $937,959.11 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached list of accounts payable bills, in the form of a check register dated December 30, 2004 for $937,959.11, is being presented to the City Council for ratification. All payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deem accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Departm n Head Attachments: Affidavit and Check Register— 12/30/04 ER)C) Deputy City Manager CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listing of demands, invoices, and claims in the form of a check register dated December 30, 2004 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # Description 001 General Fund 112 Prop A - Transit Fund 115 Integrated Waste Management Fd 118 Air Quality Management Fund 126 Citizens Option for Public Safety Fd 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 250 Capital Improvement Project Fund Total for All Funds Signed: Linda G. Magnuto Finance Director Amount $849,084.06 21,049.27 16,508.67 850.00 3,253.03 5,560.42 26,728.23 1,256.12 13,669.31 $937,959.11 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 1 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ' 1ST PMF BANCORP 12/17/04 TEMP SVCS -WK 12/10 672.31 12/30/2004 63117 0014030-44000-- 15746 TOTAL PREPAID CHECKS) 672.31 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 672.31 3CMA MEMBERSHIP DUES-BLAKEY 350.00 12/16/2004 62914 0014095-42315-- TOTAL PREPAID CHECK(S) 350.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 350-00 JESS ABRANTES 15633 PK REFUND -DHC 100-00 12/30/2004 63118 001-23002-- TOTAL PREPAID CHECK(S) 100.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 100.00 ADAPT CONSULTING INC 1155516-41400-- 16059 1436 PROMO ITEMS -RECYCLE 2,280.52 12/21/2004 63057 TOTAL PREPAID CHECK(S) 2,280.52 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,280.52 ADELPHIA 0014010-42125-CC405-42125 MODEM SVCS -COUNCIL 46..95 12/30/2004 63119 0014010-42125-CC505-42125 MODEM SVCS -COUNCIL 46.95 12/30/2004 63119 TOTAL PREPAID CHECK(S) 93,90 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 93.90 AGI ACADEMY 0015350-45300-- 15956 CONTRACT CLASS -FALL 422.40 12/21/2004 63058 TOTAL PREPAID CHECK(S) 422.40 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 422.40 AGRICULTURAL COMM. WGHTS & MEASURES 0014431-45406-- 15597 551K COYOTE CONTROL SVCS -OCT 746-0.7 12/16/2004 62915 TOTAL PREPAID CHECK(S) 746.07 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 746.07 AJAX SIGN GRAPHICS INC 24582 SUPPLIES -GENERAL 114-63 12/30/2004 63120 0014090-41200-- TOTAL PREPAID CHECK(S) 114.63 TOTAL UNPAID CRECK(S) .00 TOTAL DUE VENDOR 114.63 ALTIMA TECHNOLOGIES INC 0014070-46235-- 16049 9418 SOFTWARE -NETWORK 539.00 12/30/2004 63121 TOTAL PREPAID CHECK(S) 539-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 539.00 CITY OF DIAMOND. BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 2 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJ7ECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK AMERICAN ASSCOE UNIVERSITY WOMEN 12/11/04 PROCEEDS -SNOW FEST 247.63 12/30/2004 63122 0015350-42353-- TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 247.63 AMERICAN CLASSIC SANITATION 1-51657 RENTAL -PORTABLE LORBEER 237.13 12/30/2004 63123 0015340-42130-- 15556 TOTAL PREPAID CHECK(S) 237.13 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 237.13 AMERICOMP GROUP INC 0014070-45000-- 15753 4180 PRINTER -TONERS 396.90 12/30/2004 63124 0014070-4.5000-- 15753 4116 PRINTER -TONERS 92.00 12/30/2004 63124 TOTAL PREPAID CHECKS) 488.90 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 488.90 CHRISTINE ANN ANGELI 0015350-45300-- 15703 CONTRACT CLASS -FALL 81.00 12/21/2004 63059 TOTAL PREPAID CH6CK(S) 81.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 81.00 ARMIJO NEWSPAPER & PR 0014095-42.110-- 15696 4914 AD -SNOW FEST 11/27,12/4 620.00 12/30/2004 63125 TOTAL PREPAID CHECK(S) 620.00 TOTAL UNPAID CHECK(E) .00 TOTAL DUE VENDOR 620.00 ARMSTRONG ELEMENTARY SCHOOL 15619 PK REFUND -DBC 350-00 12/30/2004 63126 001-23002-- TOTAL PREPAID CHECKS) 350.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 350.00 BENESYST FSA FUND-H/R 750.00 12/16/2004 62916 0014060-42346-- TOTAL PREPAID CHECK(S) 750.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 750.00 BIG B'S BARBECUE 12/13/04 SHERIFF LUNCHEON -12/14 1,047.33 12/16/2004 62917 0014411-42325-- TOTAL PREPAID CHECK(S) 1,047.33 TOTAL UNPAID CHECK(S) •00 TOTAL DUE VENDOR 1,047.33 JOHN E BISHOP 0015350-45300-- 15704 CONTRACT CLASS -FALL 987.00 12/21/2004 63060 TOTAL PREPAID CHECK(S) 987.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR - 987.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:06 CHECK REGISTER PAGE: 3 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK BLUE SKY CAFE' 0015510-42325-- MTG SUPPLIES-P/WORKS 56.29 12/16/2004 62918 TOTAL PREPAID CHECK(S} 56.29 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 56.29 COLLEEN BONNER 001-36610-- 001-23002-- 15548 PK REFUND-PANTERA 15548 PK REFUND-PANTERA 55.63 200.00 12/30/2004 12/30/2004 63127 63127 TOTAL PREPAID CHECK(S) 255.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 255.63 BRIDGE GATE PARTNERS LP 001-23012-- PO 10469 PROF,SVCS-EN 00-291 619.74 12/16/2004 62919 TOTAL PREPAID CHECKS) 619.74 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 619.74 GREGORY BROOKS 001-23002-- 15621 PK REFUND-ABC 200-00 12/30/2004 63128 TOTAL PREPAID CHECK(S) 200.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 200.00 BRYAN STIRRAT & ASSOCIATES INC 0015510-45223-- 15784 994002 PROF.SVCS-PLAN CHECK 743.10 12/16/2004 62920 0015510-45223-- 001-23012-- 0015510-45223-- 15778 15755 15673 994001 PROF.EVCS-PLAN CHECK 994000 PROF.SVC9-FPL 04-442 993999 PROF.SVCS-PLAN CHECK 203.00 313.85 200.25 12/16/2004 12/16/2004 12/15/2004 62920 62920 62920 001-23010-- 2505215-46420-19904-46420 15251 15843 993990 PROF.SVCS-FPL 2002-65 994124 SLOPE REPAIR-PANTERA 71.00 639.00 12/16/2004 12/16/2004 62924 62920 0015551-845223-- 15308 993995 PROF.SVCS-PLAN CHECK 133.25 12/16/2004 62920 TOTAL PREPAID CHECK(S) 2,303.45 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,303.45 BUSINESS TELECOMMUNICATION SYS INC 0014090-42125-- 54632 PH.SVCS-GENERAL 227.50 12/30/2004 63129 TOTAL PREPAID CHECK(S) 227.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 227.50 CALIFORNIA ASSN CODE ENFORCEMENT 0015230-42315-- 2005 MEMBERSHIP DUES-SORIANO 40.00 12/30/2004 63130 0015230-42315-- 2005 MEMBERSHIP DUES-FLACKS 40.00 12/30/2004 63130 0015230-42315-- 2005 MEMBERSHIP DUES-FLORES 40.00 12/30/2004 63130 TOTAL PREPAID CHECK(S) 120.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 120.00 CALIFORNIA STATE TEACHER'S RET SYS 0014090-42129-- CONF LOC -TERMINATION FEES 17,695.01 12/16/2004 62921 TOTAL PREPAID CHECK(S) 17,695.01 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 17,695.01 CALPELRA 0014030-42315-- MEMBERSHIP DUES-DOYLE 255-00 12/30/2004 63133 0014060-42315-- MEMBERSHIP DUES -CREWS. 255.00 12/30/2004 63132 TOTAL PREPAID CHECK(S) 510.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 510.00 VERONICA CASTRO 001-36610-- CITY OF DIAMOND BAR 400.00 12/16/2004 RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 4 DUE THRU: 12/30/2004 TOTAL UNPAID CHECK(S) .QO PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CALIFORNIA FACTORS AND FINANCE CATALINA BALLAST BULB COMPANY 0015340-42210-- 54355/54356 SUPPLIES -HERITAGE PK 135.8D 12/16/2004 2540 SUPPLIES -RECREATION 4,054.09 54355/54356 SUPPLIES -HERITAGE PK 54248 SUPPLIES -DBC 12/30/2004 63131 0015350-41200-- 16075 62923 62923 0015340-41200-- 54247 SUPPLIES -HERITAGE PK 172.66 TOTAL PREPAID CHECK(S) 4,054.09 62923 TOTAL PREPAID CHECKS) TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 4,054.09 .00 CALIFORNIA STATE TEACHER'S RET SYS 0014090-42129-- CONF LOC -TERMINATION FEES 17,695.01 12/16/2004 62921 TOTAL PREPAID CHECK(S) 17,695.01 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 17,695.01 CALPELRA 0014030-42315-- MEMBERSHIP DUES-DOYLE 255-00 12/30/2004 63133 0014060-42315-- MEMBERSHIP DUES -CREWS. 255.00 12/30/2004 63132 TOTAL PREPAID CHECK(S) 510.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 510.00 VERONICA CASTRO 001-36610-- 15052 PK REFUND -DBC 400.00 12/16/2004 62922 TOTAL PREPAID CHECK(S) 400.00 TOTAL UNPAID CHECK(S) .QO TOTAL DUE VENDOR 400.00 CATALINA BALLAST BULB COMPANY 0015340-42210-- 54355/54356 SUPPLIES -HERITAGE PK 135.8D 12/16/2004 62923 D015340-42210-- 0015333-41200-- 54355/54356 SUPPLIES -HERITAGE PK 54248 SUPPLIES -DBC 139.10 128.82 12/16/2004 12/16/2004 62923 62923 0015340-41200-- 54247 SUPPLIES -HERITAGE PK 172.66 12/16/2004 62923 TOTAL PREPAID CHECKS) 576.38 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 576.38 CDW GOVERNMENT INC 0015210-46200-- PL 09924 OFFICE EQ -PRINTER 3,445.10 12/30/2004 63134 0015210-46200-- PU 79802 MEMO CREDIT -1.15 12/30/2004 63134 TOTAL PREPAID CHECK(S) 3,443.95 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 3,443.95 YU LI CHOU 001-34760-- 15437 RECREATION REFUND 280.00 12/21/2004 63061 TOTAL PREPAID CHECK(S) 280.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 280.00 ANA CHUNG 001-34780-- 15666 RECREATION REFUND 60.00 12/30/2004 63135 TOTAL PREPAID CHECK(S) 60.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 60.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 5 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CITY OF LA HABRA 0015350-42340-- TRNG-MURPHEY 12/15 10.00 12/16/2004 62.924 TOTAL PREPAID CHECKS) 10.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 10.00 CITY OF LA VERNE 0014411-45405-- NOV 04 PRKG CITE HRGS-NOV 04 200.00 12/16/20.04 62925 TOTAL PREPAID CHECK(S) 200.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 200.00 JAMES B CLARKE 0014030-44000-- 0014030-44000-- 0014030-44000-- 15895 15895 15895 12/20/04 LEGISLATIVE SVCS -WK 12/18 12/13/04 LEGISLATIVE SVCS -WK 12/11 12/27/04 LEGISLATIVE SVCS -WK 12/25 1,323.00 756.00 756.00 12/21/2004 12/16/2004 12/30/2004 63062 62926 63136 TOTAL PREPAID CHECKS) 2,835.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,835.00 SANDRA CLARKE 0014415-42325-- 0014411-42325-- REIMB-SHERIFF MTS REIMB-SHERIFF MTG 175.49 200-00 12/21/2004 12/21/2004 63063 63063 TOTAL PREPAID CHECK(S) 375.49 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 375.49 CONRAD & ASSOCIATES 0014050-44010-- 16016 18350 PROF.SVCS-AUDITING 11,000.00 12/16/2004 62927 TOTAL PREPAID CHECK(S) 11,000.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 11,000.00 CORNERSTONE BIBLE COMMUNITY CHURCH 0015350-42353-- 12/11/04 PROCEEDS -SNOW FEST 247.63 12/30/2004 63137 TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 247.63 COUNTRY GARDEN CATERERS 0014090-42325-- CATERING SVCS -HOLIDAY PRT 254.41 12/16/2004 62928 TOTAL PREPAID CHECKS) 254.41 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 254.41 CPRS DISTRICT XIII 0015350-42340-- 92 CPRS MTG-A MEYERS 12.00 12/16/2004 62929 TOTAL PREPAID CHECK{S) 12.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 12.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16!00:08 CHECK REGISTER PAGE: 6 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT' PATE CHECK CREATIVE SCREEN ART INC 35672 SUPPLIES -CITY DECALS 1,629.56 12/30/2004 63138 0014090-41200-- 1608.7 TOTAL PREPAID CHECK(S) 1,629.56 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,629.36 TOMMYE CRIBBINS REIMB-SHERIFF LUNCHEON 76.27 12/16/2004 62930 0014090-42325-- TOTAL PREPAID CHECK(S) 76.27 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 76-27 D & J MUNICIPAL SERVICES, INC 23 BLDG&SFTY SVC -12/01-12/14 12,522.23 12/21/2004 63064 0015220-45201-- 15534 DB -BLDG TOTAL PREPAID CHECK(S) 12,522.23 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 12,522.23 D H MAINTENANCE SERVICES 0015333-45300-- A15809 7159 MAINT-DBC 1,120-00 12/21/2004 63065 TOTAL PREPAID CHECK(S) 1,120.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,120.40 TONY DAKWAR 15658 ADDL FACILITY RENTAL -135.00 12/30/2004 63139 001-36610-- 15656 PARK REFUND -DRC 350.00 12/30/2004 63139 001-23002-- TOTAL PREPAID CHECKS) 215.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 215.00 DAVID EVANS AND ASSOCIATES,INC 2505310-46415-10405-46415 16044 157161 PROF SVCS-CIP MANAGEMENT 2,329.83 12/21/2904 63066 TOTAL PREPAID CHECKS) 2,329.83 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR. 2,329.63 ➢AVID VOLZ DESIGN 0015310-44000-- 15912 41304 PROF.SVCS-CA DEV GRANT 11,210.00 12/21/2009 63067 TOTAL PREPAID CHECK(S) 11,210.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 11,210.00 DAY & NITE COPY CENTER 0015350-42110-- 15644 007 PRINT SVCS -SNOW FEST 8.62 12/21/2004 63068 TOTAL PREPAID CHECK(S) 8.62 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 8.62 MICHELLE DELACRUZ 15635 PK REFUND -DBC 544.00 12/30/2004 63140 001-23042-- TOTAL PREPAID CHECK(S) 500.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 500.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 7 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DELTA CARE PMI PP 23-14 DEC 04 -DENTAL PREMIUMS 374.53 12/16/2004 62931 001-21104-- TOTAL PREPAID CHECKS) 374.53 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 374.53 CAROL DENNIS A15695 DBCC120704 PROF.SVCS-CNCL MTG/RDA 600.00 12/30/2004 b3141 0014030-44000-- 0014030-44000-- A15695 DECC121404 PROF.SVCS-CNCL MTG 150.00 12/30/2004 63141 TOTAL PREPAID CHECK(S) 750.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 750.00 DEPARTMENT OF JUSTICE 501171 EMPLOYEES BACKGROUND CHCK 128.00 12/30/2004 63142 0015350-45300-- 15846 TOTAL PREPAID CHECK(S) 128.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 126.00 DFM ASSOCIATES PU13LICATIONS-05 ELEC CODE 46.11 12/30/2004 63143 0014030-42320-- TOTAL PREPAID CHECK(S) 46.11 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 46.11 DIAMOND BAR BREAKFAST LIONS CLUB REIMB-SNOW FEST 4.00 12/30/2004 63144 0015350-42353-- 12./16/04 TOTAL PREPAID CHECK(S) 4.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 4.00 DIAMOND BAR CHINESE ASSC EVERGREEN 15550 PK REFUND -HERITAGE 50.00 12/30/2004 63145 001-36610-- 15550 PK REFUND -HERITAGE 200.00 12/30/2004 63145 001-23002-- TOTAL PREPAID CHECK(S) 250.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 250.00 DIAMOND BAR COMMUNITY PRESCHOOL PROCEEDS -SNOW PEST 247.63 12/30/2004 63146 0015350-42353-- 12/11/04 TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 247.63 DIAMOND BAR HIGH SCHOOL LEO CLUB 12/11/04 PROCEEDS-8NOW FEST 247.63 12/30/2004 63147 0015350-42353-- TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUB VENDOR 247.63 DIAMOND BAR IMPROVEMENT ASSOCIATION NOV AD -HOLIDAY RIDE 450.00 12/16/2004 62932 0014095-42115-- 15694 5626 TOTAL PREPAID CHECK(S) 450-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 450.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 8 DUE THRU: 12/30/2904 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DIAMOND BAR INTERNATIONAL DELI 6399 MTG SUPPLIES-CC/7 171.00 12/30/2004 63148 0014090-42325-- 15742 TOTAL PREPAID CHECKS) 171.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 171.00 DIAMOND BAR MOBIL NOV 04 FUEL-NGHBRHOOD IMP 61.04 12/21/2004 63069 0015230-42310-- NOV 04 FUEL-COMM SVCS 327.90 12/21/2004 63069 0015310-42310-- NOV 04 FUEL-GENERAL 110.25 12/21/2004 63069 0014090-42310-- TOTAL PREPAID CHECK(S) 499,19 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 499.19 DIAMOND BAR PETTY CASH GG-PROMO ITEMS 7-51 12/16/2004 62933 0014090-41400-- ISW-MTGS 15.00 12/16/2004 62933 1155515-42325-- HR-EDUC & TRNG 16.00 12/16/2004 62933 0014060-42340-- DBC-SUPPLIES 9.07 12/16/2004 62933 0015333-41200-- IS-MTGS 10.00 12/16/2004 62933 0014070-42325-- GG MISC-EXP 2.15 12/16/2004 62933 0014090-42395-- CMGR-MTGS 15.00 12/16/2004 62933 0014030-42325-- 0014411-42325-- SHERIFF-MTGS 50.00 12/16/2004 62933 ECON DEV-CONF 10.00 12/16/2004 62933 0015240-42330-- TOTAL PREPAID CHECKS) 134.79 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 134.79 DIAMOND BAR TENNIS CLUB COMM ASSC 2505310-46415-15700-46415 16010 9/30/04 FENCING-SYC CYN PK 9,895.00 12/16/2004 62934 TOTAL PREPAID CHECK(S) 9,895.00 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 9,895.00 DIAMOND BAR/WALNUT YMCA 0015350-42353-- 12/11/04 PROCEEDS-SNOW FEST 247.63 12/30/2004 63149 0015350-42353-- 12/11/04 PROCEEDS-SNOW FEST 247.63 12/30/2004 63149 TOTAL PREPAID CHECK(S) 495.26 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 495.26 DIVERSIFIED PARATRANSIT INC 15815 11/12/04 DIAMOND RIDE-10/16-10/31 9.820.25 12/21/2004 63070 1125553-45529-- DIAMOND RIDE-11/1-1.1/15 10,017.04 12/21/2004 63070 1125553-45529-- 15815 11/24/04 TOTAL PREPAID CHECK(S) 19,837.29 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 19,837.29 KEVIN DOI 15392 RECREATION REFUND 64.00 12/21/2004 63071 001-34740-- TOTAL PREPAID CHECKS) 64.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 64.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 9 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DONALE & ELLEN MONO 001-23012-- REFUND -EN 01-314 56.48 12/16/2004 62935 TOTAL PREPAID CHECK(S) 56-48 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 56.48 DENNY DONG 001-34740-- 15485 RECREATION REFUND 40.00 12/21/2004 63072 TOTAL PREPAID CHECK(S) 40.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 40.00 DAVID DOYLE 0014010-42125-- REIMB-CELL USAGE NOV-DEC 86.50 12/21/2004 63073 TOTAL PREPAID CHECK(S) 86.50 TOTAL UNPAID CHECK(S) .DO TOTAL DUE VENDOR 86.50 DRIVER ALLIANT INSURANCE SERVICES 0015350-45300-- 812710 SPCL EVENT INS -SNOW FEST 410.31 12/21/2004 63074 TOTAL PREPAID CHECK(S) 410.31 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 410.31 NITA DUNGCA 001-23002-- 001-23004-- 19296 PK REFUND-D14C 15296 PK REFUND -INS 350.00 116.15 12/30/2004 12/30/2004 63150 63150 TOTAL PREPAID CHECK(S) 466.15 TOTAL UNPAID CHECK(S) .60 TOTAL DUE VENDOR 466.15 ARMED ELMAMOUN 001-36800-- 001-23002-- 15657 PROPERTY DAMAGE 15657 PK REFUND -DSC -48..00 350.00 12/30/2004 12/30/2004 63151 63151 TOTAL PREPAID CHECK(S) 302.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 302.00 ENVIRONMENTAL IMPACT SCIENCES 001-23010-- 16048 041002 PROF.SVCS-FPL 2004-67 637.50 12/16/2004 62936 TOTAL PREPAID CHECKS) 637.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 637.50 EVERGREEN INTERIORS 0014090-42210-- 15699 11/30/04 PLANTS MAINT-DBC 200.00 12/16/2004 62937 0014090-42210-- 11/30/04 PLANTS -DBC 275.40 12/16/2004 62937 0015333-41200-- PLANTS -DBC 162.00 12/16/2004 62937 TOTAL PREPAID CHECK(S) 637.40 TOTAL UNPAID CHECKS) .p0 TOTAL DUE VENDOR 637.40 CITY OF DIAMOND HAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 10 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK EXCEL LANDSCAPE INC 16091 47499 ADDL MAINT-TIN DR/DBB 4,760-00 12/21/2004 63075 0015558-45509-- 1385538-45500-- A15744 47444 LANDSCAPE MAINT-DIST 3B 101.00 12/15/2004 62938 47500 LANDSCAPE MAINT-DIST 38 264.00 12/16/2004 62938 1385538-45500-- A15744 TOTAL PREPAID CHECKS) 51125.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,125.00 EXPRESS TEL LONG DIST SVCS 66.89 12/16/2004 62939 0014090-42125-- 1578255 TOTAL PREPAID CHECK(S) 66.89 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 66.89 FEDERAL EXPRESS EXPRESS MAIL -GENERAL 26.55 12/16/2004 62940 0014090-42120-- EXPRESS MAIL -GENERAL 14.00 12/16/2004 62940 0014090-42120-- TOTAL PREPAID CHECK(S) 40.55 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 40.55 JOSEPH FENECK 15336 RECREATION REFUND 94.00 12/21/2004 63076 001-34730-- TOTAL PREPAID CHECK(S) 94.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 94.00 FETAL MEMORIES INC REFUND -TSR 03-16 100.00 12/30/2004 63152 001-34430-- TOTAL PREPAID CHECKS) 100.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 100.00 FUNTIME AMUSEMENTS & PARTY RENTALS 12/11/04 £Q RENTAL -GENERATOR -SF 50.00 12/21/2004 63077 0015350-42130-- TOTAL PREPAID CHECKS) 50.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 50.00 TIM GALLI 001-23002-- 14321 PK REFUND -DBC 100.00 12/16/2004 62941 TOTAL PREPAID CHECK(S) 100.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 100.00 GFOA CAFR REVIEW -FY 03/04 415-00 12/30/2004 63153 0014050-44000-- TOTAL PREPAID CHECK(S) 415.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 415.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 11 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK GIRL SCOUT SRS 233 0015350-42353-- 12/11/04 PROCEEDS -SNOW FEST 247.63 12/30/2004 63154 TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 247.63 GOVPARTNER 1185098-44030-- 15831 503 MONTHLY HOSTING SVCS -DEC 850-00 12/16/2004 62942 TOTAL PREPAID CHECK(S) 050.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 850.00 GRAFFITI CONTROL SYSTEMS 0015230-45520-- 15602 D131104 GRAFFITI CONTROL SVCS-NOV 31115.00 12/16/2004 62943 TOTAL PREPAID CHECK(S) 3,115.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 3,115.00 W -W. GRAINGER INC 0015333-41200-- 6974869 SUPPLIES -DBC 69.11 12/21/2004 63078 0015333-41200-- 6974851 SUPPLIES -DBC 69.11 12/21/2004 63078 TOTAL PREPAID CHECK(S) 138.22 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 138.22 GRAND MOBIL 0014090-42200-- 0015310-42200-- SMOG CIC -GENERAL SMOG CK -COMM SVCS 39.95 39.95 12/21/2004 12/21/2004 63079 63079 0015310-42200-- SMOG CK -COMM SVCS 39.95 12/21/2004 63079 0014090-42200-- SMOG CK -GENERAL 39.93 12/21/2004 63079 0014090-422DO-- SMOG CK -GENERAL 39.95 12/21/2004 63079 0015350-42200-- 0015310-42200-- 16086 26866 VEH MAINT-COMM SVCS SMOG CK -COMM SVCS 681.20 39.95 12/16/2004 12/21/2004 62944 63079 TOTAL PREPAID CHECK(S) 920.90 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 920.90 GRAPHICS UNITED 0014095-42110-- A15618 9430 PRINT SVCS -CITY NEWS DEC 7,268.57 12/30/2004 63.155 TOTAL PREPAID CHECKS) 7,268.57 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 7,268.57 SHARON GREEN 001-23002-- 15631 PK REFUND -DBC 200.00 12/30/2004 63156 TOTAL PREPAID CHECK(S) 200.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 200.00 GREY HOUSE PUBLISHING 0015350-41200-- 464440 SUPPLIES -COMM SVCS 179-50 12/16/2004 62945 TOTAL PREPAID CHECK(S) 179.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 179.50 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 12 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SHANNON GRIFFITHS 0015350-45300-- 15712 CONTRACT CLASS -FALL 126.00 12/21/2004 63080 TOTAL PREPAID CHECK(S) 126.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 126.00 AMBER GUERRERO 001-23002-- 15541 PK REFUND -DBC SOfl.00 12/30/2004 6315.7 TOTAL PREPAID CHECK(S) 500.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 500.00 HALL & FOREMAN,INC 001-23012-- 14-04-035 PROF -SVCS -EN 02-326 131.54 12/21/2004 63081 TOTAL PREPAID CHECK(S) 131.54 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 131.54 JESSICA HALL 0015350-45300-- 0015350-45300-- 0015350-45300-- 15953 15953 15953 CONTRACT CLASS -FALL CONTRACT CLASS -FALL CONTRACT CLASS -FALL 1,578.00 260.40 279.00 12/21/2004. 12/21/2004 12/21/2004 63082 63082 63082 TOTAL PREPAID CHECK(S) 2,117.40 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,117.40 HIRSCH & ASSOCIATES INC 2505310-46415-17602-46415 96011REk14 PROF.SVCS-PANTERA PK 166.91 12/30/2004 63156 TOTAL PREPAID CHECK(S) 166.91 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 166.91 HOME DEPOT 0015333-41200-- 0015340-41200-- 15799 15799 SUPPLIES -DBC SUPPLIES -PARKS 34.22 33.51 12/16/2004 12/16/2604 62946 62946 TOTAL PREPAID CHECK(S) 67.73 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 67.73 INLAND EMPIRE MAGAZINE 0014095-42115-- 15600 9779 AD -DBC FACILITY DEC 695.00 12/16/2004 62947 TOTAL PREPAID CHECK(S) 895.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 895.00 INLAND EMPIRE STAGES 1125360-45310-- 0015350-45310-- 1125360-45310-- 0015350-45310-- 15969 15969 15970 15970 14983 TRANSPORTATION -PAVILION 14983 EXCRSN-PAVILION 14980 TRANSPORTATION -SR EXCRSN 14980 SR EXCRSN-DEL MAR FRGRNDS 413-75 2,200.00 685.00 1,734.00 12/16/2004 12/16/2004 12/30/2004 12/30/2004 62948 62946 63159 63159 TOTAL PREPAID CHECK(S) 5,032.75 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,032.75 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 13 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK INLAND VALLEY HUMANE SOCIETY & SPCA 0014431-48403-- 15536 12/15/04 ANIMAL CONTROL SVCS-JAN 6,241.50 12/30/2004 63160 TOTAL PREPAID CHECK(S) 6,241.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 6,241-50 IRENE INOUYE REIMB-SUPPLIES 58.54 12/21/2004 63083 0015350-41200-- TOTAL PREPAID CHECK(g) 58.54 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 58.54 INTERNATIONAL PROTECTIVE SVCS INC 084284 CROSSING GUARD SVCS-NOV 81640.00 12/21/2004 63084 0014411-45410-- 15616 TOTAL PREPAID CHECKS) 8,640.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 8,640.00 IRON MOUNTAIN 0014070-45000-- 100505027 TAPE STORAGE SVCS-NOV 04 212.00 12/30/2004 63161 TOTAL PREPAID CHECK(S) 212.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 212.00 IT'S A GRIND 1003 MTG SUPPLIES-CC 12/7 6.3.80 12/30/2004 63162 0014090-42325-- TOTAL PREPAID CHECK(S) 63.80 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 63.80 ITALIAN CATHOLIC FEDERATION 0015350-42353-- 12/11/04 PROCEEDS-SNOW PEST 247.63 12/30/2004 63163 TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 247.63 JENKINS & HOGIN, LLP 0014020-44020-- 11759 GEN LEGAL SVCS-COMM SVCS 61.20 12/16/2004 62949 0014020-44020-- 11756 GEN LEGAL SVCS-KPRS 104.67 12/16/2004 62949 0014020-44020-- 11758 GEN LEGAL SVCS-COMM DEV 566.10 12/16/2004 62949 0014020-44020-- 11760 GEN LEGAL SVCS-P/WORKS 244.80 12/16/2004 62949 0014020-44020-- 11757 GEN LEGAL SVCS-NOV 04 4,743.00 12/16/2DD4 62949 TOTAL PREPAID CHECKS) 5,719.77 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,719.77 JOSS AVAILABLE 0014060-42115-- 425030 AD-IS DIRECTOR 495-00 12/30/2004 63164 0014060-42115-- 425030 AD-SR MA 128.00 12/30/2004 63164 TOTAL PREPAID CHECK(S) 623.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 623.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:06 CHECK REGISTER PAGE= 14 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK JULIETTE JONES 15275 RECREATION REFUND 59.00 12/16/2004 62950 001-34740-- TOTAL PREPAID CHECK(S) 59.00 TOTAL UNPAID CHECK(G) .00 TOTAL DUE VENDOR 59.00 SUK TAE JUNG REFUND-EN 03-378 266.94 12/30/2004 63165 001-23012-- REFUND-EN 03-379 1,086.53 12/30/2004 63165 001-23012-- TOTAL PREPAID CHECK(S) 1,373.47 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,373.47 REVERENT KANC 15629 PK REFUND-DBC 100.00 12/30/2004 63166 001-23002-- TOTAL PREPAID CHECKS) 100.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 100.00 KENS HARDWARE SUPPLIES-ROAD MAINT 23.35 12/21/2004 63085 0015554-41250-- SUPPLIES-ROAD MAINT 13.89 12/21/2004 63085 0015554-41250-- TOTAL PREPAID CHECK(S) 37.24. TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 37.24 KIDSTAR PERFORMING ARTS 0015350-45300-- 15932 CONTRACT CLASS-FALL 483-50 12/21/2004 63086 TOTAL PREPAID CHECK(S) 483.60 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 483.60 KIRK STEINKE ELECTRIC 0015333-46250-- 16025 5152 INSTALL LIGHT FIXTURE-DSC 745.00 12/21/2004 63087 TOTAL PREPAID CHECK(S) 745.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 745.00 KLEINFELDER INC 001-23012-- 15996 216916 PROF.SVCS-EN-04-456 375.00 12/21/2004 63088 001-23012-- 15842 216916 PROF.SVCS-EN-04-448 397.50 12/21/2004 63088 TOTAL PREPAID CHECK(S) 772-50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 772-50 KUSTOM IMPRINTS INCORP 0015350-41200-- 16051 77999 SUPPLIES-RECREATION 546.61 12/16/2004 62951 TOTAL PREPAID CHECK{S) 546.61 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 546.61 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 15 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK LA COUNTY SHERIFF'S BOOSTER CLUB 12/11/04 PROCEEDS -SNOW FEST 247.63 12/30/2004 63167 0015350-42353-- TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(G) .00 TOTAL DUE VENDOR 247.63 LAC DISTRICT ATTORNEY'S OFFICE 04-1187 LEGAL SVCS -OCT 04 44.52 12/16/2004 62952 0014020-44021-- TOTAL PREPAID CHECK(S) 44.52 TOTAL UNPAID CHECK(S) -00. TOTAL DUE VENDOR 44.52 LANDS' END 0014095-41400-- 15619 3632309 REIM EXP -STAFF SHIRTS 54.12 12/16/2004 62953 TOTAL PREPAID CHECK(S) 54.12 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 54.12 LEAGUE OF CA CITIES MEMBERSHIP DUES -2005 14,597.00 12/30/2004 63168 0014090-42315-- TOTAL PREPAID CHECK(S) 14,597.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 14,597.00 HANNA LEE 15549 PK REFUND-REAGAN 50.00 12/30/2004 63169 001-23002-- TOTAL PREPAID CHECK(S) 50.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 50.00 LEE KOSMONT ADVISORY SERVICES INC PROF.SVCS-LOC REMARKETING 30,513-31 12/16/2004 62954 0014090-44000-- TOTAL PREPAID CHECK(S) 30,513.31 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 30,513.31 LEIGHTON & ASSOCIATES, INC 001-23012-- 15698 LSC11636 PROF.SVCS-EN-01-323 685.00 12/21/2004 63089 001-23012-- 16004 LSC11637 PROF.SVCS-EN-04-457 240.00 12/21/2004 63089 TOTAL PREPAID CHECK(S) 925.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 925.00 LEO CLUB 0015350-42353-- 12/11/04 PROCEEDS -SNOW FEST 247.63 12/30/2004 63170 TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 247.63 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 16 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK LEWIS ENGRAVING INC 15741 14537 ENGRAVING SVCS -CITY AWRDS 244.00 12/30/2004 63171 0014090-42113-- 15741 14512 ENGRAVING SVCS -CITY TILE 18.40 12/30/2004 63171 0014090-42113-- 14496 ENGRAVING SVCS -CITY TILE 18.40 12/30/2004 63171 0014090-42113-- 15741 TOTAL PREPAID CHECK(S) 280.80 ICTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 280.80 AMY LI 15662 PK REFUND -DBC 500.00 12/30/2004 63172 001-23002-- TOTAL PREPAID CHECK(S) 500.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 500.00 LIBERTY FLAG & SPECIALTY COMPANY SUPPLIES -DBC 254.95 12/21/2004 63090 0015333-41200-- 11040837 TOTAL PREPAID CHECK(S) 254,95 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 254.95 CONSTANCE J LILLIE 0015350-45300-- 15716 CONTRACT CLASS -FALL 433-80 12/21/2004 63091 TOTAL PREPAID CHECK(S) 433.80 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 433.80 WENCHEN LIN 15638 PK REFUND -DBC 350.00 12/30/2004 63173 001-23002-- TOTAL PREPAID CHECK(S) 350.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 350.00 LOS ANGELES COUNTY SHERIFF'S DEPT TRANSIT TCKT SALES -MOV 04 113.23 12/16/2004 62955 1125553-45402-- STAR DEPUTY SVCS-NOV 04 8,266.57 12/16/2004 62955 0014411-45402-- HELICOPTER SVCS -SEPT 04 123.56 12/16/2004 62955 0014411-45402-- CALVARY CHAPEL-NOV 04 6,280.56 12/16/2004 62955 0014411-45402-- CONTRACT SVCS-NOV 04 329,528-53 12/16/2004 62955 0014411-45401-- TOTAL PREPAID CHECK(S) 344,312.45 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 344,312.45 RUTH M LOW PLNG COMM -11/9, 11/23 130.00 12/30/2004 63174 0015210-44100-- TOTAL PREPAID CHECK(S) 130.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 130.00. LOWE'S SUPPLIES -SNOW FEST 74.95 12/21/2004 63092 0015350-41200-- TOTAL PREPAID CHECK(S) 74.95 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 74.95 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 17 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK MAGNET STREET 1155516-42110-- 15991 16507 MAGNET POSTCARD -ST SWPG 5,035-00 12/21/2004 63093 1155515-42110-- 15991 16507 MAGNET POSTCARD -ST SWPG 5,035.00 12/21/2004 63093 TOTAL PREPAID CHECK(S) 10,074.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 10,070.00 MAINTE% 0015333-42210-- 15678 769837 MAINT SUPPLIES -DBC 378.75 12/30/2004 63175 0015333-42210-- 15678 771805 MAINT SUPPLIES -DBC 302.75. 12/30/2004 63175 0015333-42210-- 15678 772602 MAINT SUPPLIES -DBC 151.71 12/30/2004 63175 0015333-42210-- 15678 773412 MAINT SUPPLIES -DBC 303-26 12/30/2004 63175 TOTAL PREPAID CHECK(S) 1,136.47 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,136.47 MAP MASTERS 0014095-42115-- 16017 8563 ADS -CHAMBER MAP 1,695.00 12/16/2004 62956 TOTAL PREPAID CHECK(S) 1,695.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 1,695.00 MARTIN & CHAPMAN CO 0014030-42320-- 24962 ELECTION MANUAL -2005 48.30 12/30/2004 63176 TOTAL PREPAID CHECK(S) 48.30 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 48.30 MARIKO MATOBA 001-23004-- 15542 PK REFUND -DBC 116.15 12/30/2004 63177 15542 PK REFUND -DBC 100.00 12/30/2004 63177 001-23002-- TOTAL PREPAID CHECK(S) 216.15 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 216.15 MCE CORPORATION 0015558-45508-- 15828 0411055 VBG CONTROL MAINT-NOV 04 5,270.32 12/30/2004 63178 TOTAL PREPAID CHECK(S) 5,270.32 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,270.32 JOE MCMANUS PLNG COMM -11/9, 11/23 130.00 12/30/2004 63179 0015210-44100-- TOTAL PREPAID CHECK(S) 130.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 130.00 DARYL MENDOZA 15581 PK REFUND -DBC 100.00 12/30/2004 63180 001-23002-- TOTAL PREPAID CHECK(S) 100.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 100.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 18 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK JOSEPH MFNDOZA 15482 REFUND -DBC -28.00 12/21/2004 63094 001-36610-- 15482 REFUND -DBC 350.00 12/21/2004 63094 001-23002-- TOTAL PREPAID CHECK(E) 322.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 322.00 ALISON D MEYERS 16050 12/23/04 *P SVCS -WK 12/i0 ,r1.3 1,265-36 12/30/2004 63181 0015350-44000-- 12/10/04 CONSULTANT SVCS -WK 12/10 2,184.63 12/16/2004 62957 0015350-44000-- 16058 TOTAL PREPAID CHECK(S) 3,449.99 TOTAL UNPAID CHECK(G) .00 TOTAL DUE VENDOR 3,449.99 MICHAEL BRANDMAN ASSOCIATES INC 34665 PROF.SVCS-FER 92-3 300.00 12/16/2009 62958 001-23011-- TOTAL PREPAID CHECK(S) 300.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 300.00 MOBILE MODULAR MANAGEMENT GROUP 2135516 EQ RENTAL-SYC CYN PK 535.84 12/21/2004 63095 0015350-42140-- 15697 TOTAL PREPAID CHECK(S) 535.84 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 535.84 MOONLIGHT PRESS 24294 PRINT SVCS -PLANNING 175.36 12/30/2004 63182 0015210-42110-- 24294 PRINT SVCS -PUBLIC WORKS 175.37 12/30/2004 63182 0015510-42110-- TOTAL PREPAID CHECKS) 350.73 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 350.73 MTGL INC 2505215-46420-13999-46420 35210 INSPECTION 8VCS-KBPS 520.00 12/30/2004 63183 TOTAL PREPAID CHECKS) 520.00 TOTAL UNPAID CHECK(S) .00 TOTAL DTJR VENDOR 520-00 NAKOMA GROUP LLC 15589 2175 CONSULTING SVCS -WK 11/28 300.00 12/16/.2004 62959 0014070-44000-- 2148 CONSULTING SVCS -WK 11/21 2,850.00 12/16/2004 62959 0014070-44000-- 15589 TOTAL PREPAID CHECK(S) 3,150.00 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 3,150.00 NATIONAL BUSINESS FURNITURE 3540DM FURNITURE-H/R 544.13 12/30/2004 63 I84 0014090-46220-- FURNITURE-PLNG MGR 472.86 12/30/2004 63184 0014090-46220-- 354ODM TOTAL PREPAID CHECK(S) 1,016.99 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,016.99 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 19 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROSFCT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK NATIONAL NEIGHBORHOOD WATCH INSTITU 411797 MISC EQUIP -SIGNS 3,052.65 12/30/2004 63185 1264411-46250-- 16057 TOTAL PREPAID CHECK(S) 3,052.65 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 3,052.65 NEXTEL COMMUNICATIONS AIRTIME CHRGS-P/W,C/S,C/D 408.19 12/16/2004 62960 0014090-42130-- TOTAL PREPAID CHECK(S) 408.19 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 408.19 DANIEL NOLAN PLNG COMM -11/9, 11/23 130.00 12/30/2004 63186 0015210-44100-- TOTAL PREPAID CHECK(S) 130.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 130.00 DEBORAH O'CONNOR REIMB-CELL USAGE NOV-DEC 86-50 12/21/2004 63096 0014010-42125-- TOTAL PREPAID CHECK S) 66.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 86.50 OAK TREE LANES INC CONTRACT CLASS. -FALL 81.00 12/21/2004 63097 0015350-45300-- 15719 TOTAL PREPAID CHECK(S) 81.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 81.00 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 12/12 317.76 12/30/2004 63187 0015210-44000-- 109694 109269 TEMP SVCS -WK 11/28 476.64 12/16/2004 62961 0015510-44000-- 15987 TOTAL PREPAID CHECK(S) 794.40 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 794.40 PAYROLL TRANSFER 04 -PP 26 PAYROLL TRANSFER-04/PP 26 97,600.00 12/21/2004 04 -PP 26 001-10200-- TOTAL PREPAID CHECK(S) 97,600.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 97,600.00 PEO CHAPTER WAY 12/11/04 PROCEEDS -SNOW FEST 247.63 12/30/2004 63188 0015350-42353-- TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(S) .DO TOTAL DUE VENDOR 247.63 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 20 DUE THRU: 12/30/2004 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK PERS HEALTH 0014060-40093-- 001-21105-- 0014090-40086-- PP 25-27 ADMIN FEE PP 25-27 JAN 05 -HEALTH INS PREMS PP 25-27 ADMIN FEE 88.71 19,389.12 96.80 12/39/2004 12/30/2004 12/30/2004 63189 6.3189 63189 TOTAL PREPAID CHECK(S) 19,574.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 19,574.63 PERS RETIREMENT FUND 001-21109-- 001-21109-- 0014010-40090-- PP 26/04 RETIRE CONTRIB-EE PP 26/04 SURVIVOR BENEFIT PP 26/04 CC -SURVIVOR BENEFIT 6,373-29 38.13 10.00 12/16/2004 12/16/2004 12/16/2004 62962 62962 62962 001-21109-- PP 26/04 RETIRE CONTRIE-ER 7,339.31 12/16/2004 62962 0014010-40080-- PP 26/04 CC -RETIRE CONTRIB-EE/ER 561.78 12/16/2004 62962 TOTAL PREPAID CHECK(S) 14,322.51 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 14,322.51 PITNEY BOWES INC 0014090-42130-- 15905 338196 FQ RENTAL -10/1-12/31/04 .204.59 12/16/2004 62963 TOTAL PREPAID CHECK(S) 204.59 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 204.59 POSTMASTER 001-23010-- 0014090-42120-- 001-230.10-- 001-23010-- 001-23010-- 917206 EXPRESS KAIL-FPL 2002-65 917206 EXPRESS MAIL -GENERAL 917206 EXPRESS MAIL -FPL 2002-65 917206 EXPRESS MAIL -FPL 2004-64 917206 EXPRESS MAIL -FPL 2002-65 13.65 38.90 13-65 13,65 13.65 12/30/2004 12/30/2004 12/30/2004 12/30/2004 12/30/2004 63190 63190 63190 63190 63190 001-23010-- 001-23010-- 001-23010-- 917206 EXPRESS MAIL -FPL 2004-88 917206 EXPRESS MAIL -FPL 2004-64 917206 EXPRESS MAIL -FPL 2004-88 13.65 13.65 13.65 12/30/2004 12/30/2004 12/30/2004 63190 63190 63190 TOTAL PREPAID CHECK(S) 134.45 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 134.45 PRINCE SHANT CORP 0015230-42310-- 475225-NOV FUEL-NGHBRHOOD IMP 223.13 12/21/2004 63098 0015554-42310-- 475225-NOV FUEL -ROAD MAINT 207.42 12/21/2004 63098 0015310-42310-- 475225-NOV FUEL -COMM. SVCS 46.90 12/21/2004 63098 0014090-42310-- 475225-NOV FUEL -GENERAL 124.77 12/21/2004 63098 TOTAL PREPAID CHECKS) 602.22 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 602.22 PROTECTION SERVICE INDUSTRIES 0015340-42210-- 15687 2009279 ALARM SYSTEM -HERITAGE PK 79.08 12/30/2004 63191 0015340-42210-- 0015340-42210-- 15687 15687 20092876 FIRE ALARM -HERITAGE PK 2009277 ALARM SYSTEM-SYC CYN PK 71.88 89.01 12/30/2004 12/30/2004 63191 63191 0015333-42210-- 15687 2033920 ALARM SYSTEM -DBC DEC 50.00 12/30/2004 63191 TOTAL PREPAID CHECK(S) 289.97 TOTAL UNPAID CHECKS) -00 TOTAL DUE VENDOR 289.97 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 21 DUE THRU: 12/30/2004 FUND/SECT-ACCT-PROJECT-ACCT RUBY QUERUBIN 001 -23002 -- R & D BLUEPRINT 0015350-42110-- 2505510-46416-16102-46416 2505310-46415-17602-46415 2505510-46416-19203-46416 2505510-46416-16202-46416 2505510-46416-18302-46416 PO 4 INVOICE DESCRIPTION 15660 PK REFUND -DBC TOTAL PREPAID CHECKS) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 7730 PRINT SVCS -DBC 8069 PRINT SVCS -PLAN CHECK 8069 PRINT SVCS -PLAN CHECK 8069 PRINT SVCS -PLAN CHECK 8069 PRINT SVCS -PLAN CHECK 8069 PRINT SVCS -PLAN CHECK TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK 350.00 12/30/2004 63192 350.00 00 350.00 28.09 12/21/2004 63099 16.67 12/16/2004 62964 37.22 12/16/2004 62964 31.34 12/16/2004 62964 16.67 12/16/2004 62964 16.67 12/16/2004 62964 146.66 .00 146.66 R F DICKSON COMPANY 1155515-45500-- 0015554-45501-- 0015554-45501-- 15610 15611 15611 1144324 ST DEBRIS COMPSTNG-NVO 04 1144295 ST SWEEPING SVCS-NOV 04 1144234 ST SWEEPING SVCS -OCT 04 3,366.35 8,999.46 9,542.17 12/30/2004 12/16/2004 12/16/2004 63193 62965 62965 TOTAL PREPAID CHECK(S) 21.929.98 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 21,929.98 RALPHS GROCERY/FOOD 4 LESS 0014090-42325-- 0014090-41400-- 0014090-42325-- 0015350-41200-- 15638 SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -RECREATION 12.32 42.57 112.59 37.54 12/30/2004 12/30/2004 12/30/2004 12/21/2004 63194 63194 63194 63100 TOTAL PREPAID CHECK(S) 205.02 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 205.02 REINBERGER PRINTWERKS 0014095-42110-- 0014090-42110-- 15692 14074 PRINT SVCS -HOLIDAY CARDS 14072 PRINT SVCS -GENERAL 447.07 289.57 12/21/2004 12/30/2004 63101 63195 0014095-42110-- 16096 14053 PRINT SVCS-CAFR COVERS 815.12 12/16/2004 62966 TOTAL PREPAID CHECK(S) 1,551.76 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 1,551.76 REPUBLIC ELECTRIC 0015554-45507-- 15612 4153 TRAFFIC SIGNAL MAINT-OCT 2,310.00 12/16/2004 62967 0015554-45507-- 15612 4154 ADDL T/SIGNAL MAINT-OCT 4,026.19 12/16/2004 62967 TOTAL PREPAID CHECK(S) 6,336.19 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 6,336.19 RHF INC 0014411-42200-- 43918 EQ MAINT-SHERIFF 79.44 12/16/2004 62968 TOTAL PREPAID CHECK(S) 79-44 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 79.44 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 22 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ROTARY CLUB OF WALNUT VALLEY 12/11/04 PROCEEDS -SNOW FEST 247.63 12/30/2004 63196 0015350-42353-- TOTAL PREPAID CHECK(S) 247.63 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 247.63 S C SIGNS & SUPPLIES LLC 38483 SUPPLIES -ROAD MAINT 996.98 12/21/2004 63Y02 0015554-41250-- 16097 TOTAL PREPAID CHECK(S) 996.98 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 996.98 SAN GABRIEL VALLEY EXEC ASST ASSN SGV MTG-MAGNUSON 30.00 12/16/2 004 62964 0014050-42325-- SGV MTG-DESTEFANO 30-00 12/16/2004 62969 0015210-42325-- SGV MTG-CMGR,DOYLE,CRBBNS 90.00 12/16/2004 62969 0014030-42325-- TOTAL PREPAID CHECK(S) 150.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 150.00 SAN GABRIEL VALLEY TRIBUNE PUBLICATIONS -12/04-11/05 192.00 12/16/2004 62970 0014090-42320-- TOTAL PREPAID CHECK(S) 192.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 192.00 SASAKI ENGINEERING SERVICES 04-1060 B3 PROF.SVCS-FPL 2004-67 2,720.00 12/16/2004 62971 001-23010-- 16020 TOTAL PREPAID CHECK(S) 2,720.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,720.00 SCMAF 0015350-42340-- 0022171 -IN SUPPLIES -RECREATION 240.00 12/21/2004 63103 22138 -IN JOB ANNOUNCEMNT-C.S COORD 25_00 12/30/2004 63197 0014060-42115-- TOTAL PREPAID CHECKS) 265.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 265.00 SECTRAN SECURITY INC 0014090-44000-- 15668 120114 COURIER SVCS -DEC 04 2'75.00 12/16/2004 62972 TOTAL PREPAID CHECK(S) 275.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 275.00 VINITS4A SERESINGHE 15543 PK REFUND -DBC 500.00 12/30/2004 63198 001-23002-- 15543 PROPERTY DAMAGE -60.00 12/30/2004 63198 001-36800-- TOTAL PREPAID CHECK(S) 440.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 440.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 23 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK YASHUANT SHAH 001-23002-- 15539 PK REFUND -DBC 400.00 12/30/2004 63199 001-36800-- 15539 PROPERTY DAMAGE -10.00 12/30/2004 63199 TOTAL PREPAID CHECKS) 390.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 390.00 SHASTA ELECTRIC LP 001-23012-- REFUND -EP 04-3193 500.00 12/21/2004 63104 TOTAL PREPAID CHECK(S) 500.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 500-00 TISA SHAVERS 001-23002-- 13623 PK REFUND -DBC 100.00 12/30/2004 63200 TOTAL PREPAID CHECK(S) 100.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 100.00 JERRYL LYNN SHORT 0015350-45300-- 15721 CONTRACT CLASS -FALL 1,435.20 12/21/2004 63105 TOTAL PREPAID CHECK(S) 1,435.20 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,435.20 STEVEN SMALLEY 001-34740-- 13484 RECREATION REFUND 40.00 12/21/2004 63106 TOTAL PREPAID CHECK(S) 40.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 40.00 SMART & FINAL 0015350-41200.-- 15684 135 SUPPLIES -PARKS 132.66 12/30/2004 63201 TOTAL PREPAID CHECK(S) 132.68 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 132.68 ARLENE SMITH 001-36800-- 15540 PROPERTY DAMAGE -28.00 12/30/2004 63202 001-23002-- 15540 PK REFUND -DBC 500.00 12/30/2004 63202 TOTAL PREPAID CHECK(S) 472.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 472.00 SO CA CITY CLERKS ASSN 0014030-42325-- MTG-DOYLE,CRIBBINS 70-00 12/30/2004 63203 TOTAL PREPAID CHECK(S) 70.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 70.00 SOUTHERN CALIFORNIA GAS COMPANY 0015340-42126-- GAS SVCS -HERITAGE PK 230.72 1.2/30/2004 63206 0015333-42126-- GAS SVCS -DBC 2,680.85 12/30/2004 63206 TOTAL PREPAID CHECKS) 2,911.57 TOTAL UNPAID CHECK{S) .00 TOTAL DUE VENDOR 2,911.57 SOUTHLAND SPORTS OFFICIALS 0015350-45300-- 15734 12/1-12/22 OFFICIAL SVCS -12/1-12/22 1,288.00 12/30/2004 63207 TOTAL PREPAID CHECK(S) 1,288.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,288.00 SPARKLETTS 0014090-41200-- 15575 0806997-61 WATER SUPPLIES -GENERAL 210..56 12/30/2004 63208 0014090-42130-- 15575 0806997-61 EQ RENTAL -CITY HALL 11.50 12/30/2004 63208 TOTAL PREPAID CHECK(S) 222.06 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 222.06 SPORT SUPPLY GROUP INC 0015350-41200-- 91568195 SUPPLIES -RECREATION 389.20 12/21/2004 63108 TOTAL PREPAID CHECK(S) 389.20 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 389.24 CITY OF DIAMOND BAR RUN DATE= 12/29/2004 16:0.0:08 CHECK REGISTER PAGE= 24 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SOFT CHOICE CORPORATION 65716.6 COMP EQ -SOFTWARE 381.74 12/30/2004 63204 0014070-46235-- 654070 COMP MAINT-IS DEPT 31.55 12/30/2004 63204 0014070-42205-- TOTAL PREPAID CHECK(S) 413.29 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 413.29 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 48.00 12/30/2004 63205 1385538-42126-- ELECT SVCS -SHERIFF CTR 200.38 12/30/2004 63205 1264411-42126-- ELECT SVCS -TRAFFIC CONTRL 146.45 12/21/2004 63107 0015510-42126-- ELECT SVCS -DIST 41 16.00 12/21/2004 63I07 1415541-42126-- ELECT SVCS -TRAFFIC CONTRL 95.62 12/21/2004 63107 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 71.40 12/21/2004 63107 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 83.67 12/21/2004 63107 0015510-42126-- w ELECT SVCS -TRAFFIC CONTRL 71.82 12/21/2004 63107 0015510-42126-- ELECT SVCS -DIST 3S 15.50 12/21/2004 63107 1385538-42126-- ELECT SVCS -DBC 4,935,70 12/21/2004 63107 0015333-42126-- ELECT SVCS -DIST 36 16.50 12/21/2004 63107 1385538-42126-- ELECT SVCS -TRAFFIC CONTRL 27.55 12/16/2004 62973 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 18.33 12/16/2004 62973 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 36.68 12/16/200.4 62973 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 42.92 12/16/2004 62973 0015510-42126-- TOTAL PREPAID CHECK(S) 5,826.52 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,826.52 SOUTHERN CALIFORNIA GAS COMPANY 0015340-42126-- GAS SVCS -HERITAGE PK 230.72 1.2/30/2004 63206 0015333-42126-- GAS SVCS -DBC 2,680.85 12/30/2004 63206 TOTAL PREPAID CHECKS) 2,911.57 TOTAL UNPAID CHECK{S) .00 TOTAL DUE VENDOR 2,911.57 SOUTHLAND SPORTS OFFICIALS 0015350-45300-- 15734 12/1-12/22 OFFICIAL SVCS -12/1-12/22 1,288.00 12/30/2004 63207 TOTAL PREPAID CHECK(S) 1,288.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,288.00 SPARKLETTS 0014090-41200-- 15575 0806997-61 WATER SUPPLIES -GENERAL 210..56 12/30/2004 63208 0014090-42130-- 15575 0806997-61 EQ RENTAL -CITY HALL 11.50 12/30/2004 63208 TOTAL PREPAID CHECK(S) 222.06 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 222.06 SPORT SUPPLY GROUP INC 0015350-41200-- 91568195 SUPPLIES -RECREATION 389.20 12/21/2004 63108 TOTAL PREPAID CHECK(S) 389.20 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 389.24 CITY OF DIAMOND BAR RUN PATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 25 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK STANDARD AND POORS RATING SVCS -BOND LOC 2,000.00 12/16/2004 62974 0014090-44000-- TOTAL PREPAID CHECK(S) 2,000,00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,000.00 STATE BOARD OF EQUALIZATION JUL-SEPT 04 JUL-SEPT SALES & USE TAX 64.00 12/21/2004 63109 001-36650-- UUL-SEPT 04 JUL-SEPT SALES & USE TAX 26.00 12/21/2004 63109 001-36640-- TOTAL PREPAID CHECK(S) 90.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 90.00 SUBWAY 12/7/04 MTG SUPPLIES -CC 52.69 12/30/2004 63209 0014090-42325-- 15700 .12/7 TOTAL PREPAID CHECK(S) 52.69 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 52.69 SUNGARD PENTAMATION INC 16077 35436 INFORMIX MAINT-SOFTWARE 2,598.00 12/16/2004 62975 0014070-46235-- INFORMIX MAINT-SOFTWARE 3,886.00 12/16/2004 62975 0014070-46235-- 16077 35478 TOTAL PREPAID CHECK(S) 6,484.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 6,484.00 JACK TANAKA PLNG COMM -11/9, 11/23 130.00 12/30/2004 63210 0015210-44100-- TOTAL PREPAID CHECK(S) 130.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 130.00 TANDEM PRIVATE SECURITY SECURITY -SNOW FEST 217.50 12/21/2004 63110 0015350-45300-- SECURITY -HOLIDAY PARTY 83.75 12/21/2004 63.110 0014090-42325-- TOTAL PREPAID CHECK(S) 301.25 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 301.25 TENNIS ANYONE 0015350-45300-,, 15955 CONTRACT CLASS -FALL 3,359.65 12/21/2004 63111 0015350-43300-- 15955 CONTRACT CLASS -FALL 16.45 12/30/2004 63211 TOTAL PREPAID CHECK(S) 3,376.10 TOTAL UNPAID CHECK M .00. TOTAL DUE VENDOR 3,376.10 THE WHOLE ENCHILADA INC 16656 MTG SUPPIES-CC 12/7 220.59 12/30/2004 63212 0014090-42325-- 15658 TOTAL PREPAID CHECK(S) 220.59 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 220.59 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:06 CHECK REGISTER PAGE: 26 DUE THRU= 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK TRAFFIC CONTROL SUPERVISORS ASSN. 0015510-42315- MEMBERSHIP DUES-GARCIA 25.00 12/16/2004 62976 TOTAL PREPAID CHECK(S) 25.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 25.00 STEVEN TYE 0015210-44100-- PING COMM -11/9., 11/23 130.40 12/30/2004 63213 TOTAL PREPAID CHECKS) 130.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 130.00 UNITED STATES POSTAL SERVICE 0014090-42120-- REPLENISH POSTAGE METER 2,500.00 12/16/2064 62977 TOTAL PREPAID CHECK(S) 2,500.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,500.00 VALLEY CREST LANDSCAPE MAINT INC 0015333-46250-- 0015333-45300-- 1395539-46250-- 0015340-46250-- 0015333-45300-- A15993 A15993 A15993 A15993 A15993 1317939 LNDSCP MAINT-DBC 1313279 LNDSCP MAINT-DBC 1317939 LNDSCP MAINT-DIST 39 1317939 LNDSCP MAINT-SUMMITRIDGE 1289304 LNDSCP MAINT-DBC 3,365.00 5,000.00 25,000.00 60,655.00 5,020.00 12/16/2004 12/16/2004 12/16/2004 12/16/2004 12/21/2004 62978 62978 62978 62978 63112 TOTAL PREPAID CHECK(S) 99,040.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 99,040.00 VALLEY TROPHY & NAMEPLATE 0015350-41200-- 12809 SUPPLIES -RECREATION 136.40 12/30/2004 63214 TOTAL PREPAID CHECK(S) 136,40 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 136.40 VANTAGEPOINT TRANSFER AGENTS -457 001-21108-- pp 26-04 12/17/04 -PAYROLL DEDUCTNS 5,319.03 12/16/2004 62979 TOTAL PREPAID CHECK(S) 5,319.03 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,319.03 VERISIGN INC 0014070-42205-- 16038 1130234937 COMPUTER MAINT-SSL CERT 895.00 12/30/2004 63215 TOTAL PREPAID CHECK(S) 895.00 TOTAL UNPAID CHECK(S) •00 TOTAL DUE VENDOR 895.00 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16 :00:08 CHECK REGISTER PAGE: 27 DUE THRU: 12/30/2004 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK VERIZON CALIFORNIA PH-SVCS-SYC CYN PK 180,20 12/30/2004 63216 0015340-42126-- PH.SVCS-FAX LINE/CCNL 22..88 12/16/2004 62980 0014010-42125-- PH.SVCS-GENERAL 30.14 12/16/2004 62980 0014090-42125-- PH.SVCS-HERITAGE PK 25.11 12/21/2004 63113 0015340-42126-- PH.SVCS-INFO TO GO 116.30 12/21/2004 63113 0014090-42125-- PH.SVCS-FAX LINE/CMGR 32.09 12/16/2004 62980 0014030-42125-- TOTAL PREPAID CHECK(S) 406.72 TOTAL UNPAID CHECKS) -00 TOTAL DUE VENDOR 406.72 VERIZON WIRELESS MESSAGING SVCS L84189SUEI MESSAGING SVCS -DEC -FEB OS 323.97 12/30/20Q4 63217 0014090-42125-- TOTAL PREPAID CHECK(S) 323.97 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 323.97 MYRON VILLANUEVA PK REFUND -DBC 350.00 12/30/2004 63210 001-23002-- 15671 TOTAL PREPAID CHECK(S) 350.00 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 350.00 VISION INTERNET PROVIDERS INC HOSTING SVCS -DEC 04 150.00 12 /16/2 Q04 62983 0014070-44030-- 15752 10038 WEB TOTAL PREPAID CHECK(S) 150.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 150.00 EL VIZON 15570 RECREATION REFUND 80.00 12/30/2004 63219 001-34740-- TOTAL PREPAID CHECK(S) 80.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 80.00 WALNUT VALLEY UNIFIED SCHOOL DIST. 15635 AFOS-00089 FACILITY RENTAL -AUG 04 150.00 12/30/2004 63220 0015350-42140-- 15635 AF05-00088 FACILITY RENTAL-JUL 04 150.00 12/30/2004 63220 0015350-42140-- 15635 AFO$-00066 FACILITY RENTAL-JUL 04 150.00 12/30/2004 63220 0015350-42140-- 15635 AFOS-00087 FACILITY RENTAL-JUL 04 150.00 12/30/2004 63220 0015350-42140-- 15635 AF05-00093 FACILITY RENTAL-JUL 04 150.00 12/30/2004 63220 0015350-42140-- 15635 AF05-00092 FACILITY RENTAL-JUL 04 150.00 12/30/2004 63220 0015350-42140-- 15635 AFO5-00091 FACILITY RENTAL-JUL 04 150.00 12/30/2004 63220 0015350-42140-- FACILITY RENTAL-JUL 04 150.00 12/30/2004 63220 0015350-42140-- 15635 AFOS-00090 TOTAL PREPAID CHECK(S) 1,200.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,200.00 CITY OF DIAMOND HAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 28 DUE THRU: 12/30/2004 FUND/SECT-ACCT-PROJECT-ACCT WALNUT VALLEY WATER DISTRICT 0014440 -42140 -- 1415541 -42126 -- 1385538 -42126 -- 1395539 -42126 -- 0015340 -42126. -- WASTE MANAGEMENT INC. 1155515 -45500 -- WELLS FARGO SANK 0014010-42330-CC504-42330 0014010-42330-CC504-42330 0014010-42330-CC504-42330 0014090-42128-- 0014010-42330-CC504-42330 WELLS FARGO CARD SERVICES 0014090-41400-- 0015333-41200-- 0014095-41200-- 0014060-42325-- 0015350-41200-- 0015510-412D0-- 0014095-42112-- 0015510-41200-- 0014090-42325-- 0015510-42320-- 0015510-41200-- 0014090-42325-- 0015510-41200-- 0014090-41400-- PO # INVOICE DESCRIPTION 0.1131 ANNL RENTAL-EMERG PREP WATER SVCS -DIST 41 WATER SVCS -DIST 38 WATER SVCS -DIST 39 WATER SVCS -PARKS TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 16067 4625700-2519 HHW/E WASTE PROGRAM TOTAL PREPAID CHECKS) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR MEMO CREDIT LIBRARY BOND MTG-COUNCIL ICSC CONF-COUNCIL BANK CHARGES ECON DEV CONF-COUNCIL TOTAL PREPAID CHECKS) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK X -MAS DECORATIONS-C/HALL SUPPLIES -DBC SUPPLIES -PUBLIC INFO MTG-HIR SUPPLIES -HAUNTED HOUSE SUPPLIES-P/WORKS PHOTO-REC GUIDE SUPPLIES-P/WORKS MTG SUPPLIES -GENERAL PUBLICATIONS-P/WORKS SUPPLIES -PUBLIC WORKS MTG SUPPLIES -GENERAL SUPPLIES -PUBLIC WORKS SUPPLIES -GENERAL TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 150.00 12/16/2004 62982 1,240.12 12/16/2004 62982 5,115.42 12/16/2004 62982 1,728.23 12/16/2004 62982 2,612.96 12/16/2004 62982 10,846.73 .cc 10,846.73 754.80 12/16/2004 62983 754.80 .00 754.80 -115.00 12/16/2004 62984 162.70 12/16/2004 62984 496.2D 12/16/2004 62984 35..00 12/16/2004 62984 96.70 12/16/2004 62984 695.60 .00 695.60 811.79 12/21/2004 63115 764.23 12/21/2004 63115 37.67 12/21/2004 63115 149.90 12/21/2004 63115 15.11 12/21/2004 63115 33.5.9 12/21/2004 63115 269.00 12/21/2004 63115 61.52 12/21/2004 63115 55.00 12/21/2004 63115 150.00 12/21/2004 63115 51.95 12/21/2004 63115 24.13 12/21/2004 63115 21.64 12/21/2004 63115 34.99 12/21/2004 63115 2,480.72 00 2,480.72 WEST COAST MEDIA 0014095-42115-- 15693 12052117 AD -BRIDAL FAIRE DEC 04 525.00 12/16/2.004 62905 TOTAL PREPAID CHECK(S) 525.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 525.00 REPORT TOTAL PREPAID CHECKS 937,959.11 REPORT TOTAL UNPAID CHECKS .00 REPORT TOTAL 937,959-11 CITY OF DIAMOND BAR RUN DATE: 12/29/2004 16:00:08 CHECK REGISTER PAGE: 29 DUE THRU: 12/30/2004 PREPAID PO # INVOICE DESCRIPTION AMOUNT DATE CHECK FUND/SECT-ACCT-PRO.IECT-ACCT WEST END UNIFORMS SUPPLIES-V/PATROL 114-22 12/30/2004 63221 0014415-412D0-- 15701 63269 TOTAL PREPAID CHECKS) 114.22 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 114.22 MICHAEL WESTER #10176 REFUND -CITATION 10176 100.00 12/30/2004 63222 001-32214-- TOTAL PREPAID CHECK(S) 100.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 100.00 WHITE & CASE LLP LEGAL SVCS -LOC 10,000-00 12/16/2004 62966 0014090 -44000 -- TOTAL PREPAID CHECK(S) 10,000.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 10,000.00 PAUL WRIGHT 12/10/09 A/V SVCS -P/C, CNCL 245-00 12/16/2004 62987 0014090-44000-- 15656 245.00 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK S) .00 TOTAL DUE VENDOR 245.00 YOSEMITE WATERS 15634 NOV00191996 EQ RENTAL-NOV 04 12.00 12/16/2004 62988 0015310-92130-- 12.00 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 12.00 ZAINO TENNIS COURTS MAINT-PANTERA PARK 4,376.00 12/21/2D04 63116 0015390-42210-- 16052 1896-04 TOTAL PREPAID CHECKS) 4,376.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 4,376.00 ROBERT ZIRBES REIMS -CELL USAGE NOV-DEC 86-50 12/30/2004 63223 0019010 -42125 -- 66.50 TOTAL PREPAID CHECKS) TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 86.50 REPORT TOTAL PREPAID CHECKS 937,959.11 REPORT TOTAL UNPAID CHECKS .00 REPORT TOTAL 937,959-11 CITY COUNCIL TO: Honorable Mayor and Members of the City Council 1 VIA: Linda C. Lowry, City Manage TITLE: Treasurer's Statement — November 30, 2004 RECOMMENDATION: Approve the November 2004, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # Meeting Date 6.4 Jan. 4, 2005 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY.- Susan Y:Susan Full, Sr. Accountant Departmdni -dead Attachments: Treasurer's Statement L�)� Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT November 30, 2004 BEGINNING TRANSFER$ 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 COMMUNITY ORG SUPPORT FD (3,906.74) 1,100.00 0.00 (5,006.74) GAS TAX FUND 648,198.68 185,513.85 833,712.53 TRANSIT TX(PROPA) FD 1,198,222.09 131,546.06 54,453.16 1,275,314.99 TRANSIT TX (PROP C) FD 804,857.11 62,533.85 867,390.96 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 AIR QUALITY IMPRVMNT FD 155,971.65 850.00 O.DO 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 PRG 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 $,585.46 131819228 EQUIPMENT REPLACEMENT FUND 194,996.31 194,996.31 COMPUTER REPLACEMENT FUND (4,061.55) (4,061.55) PUBLIC FINANCING AUTHORITY FUN 591 496.76 579.30 19,824.80 572251 26 TOTALS $30126,353.28 $1,332.445.10 $845,885.11 0 00 $30,612,913.27 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT PAYROLL ACCOUNT CHANGE FUND PETTY CASH ACCOUNT INVESTMENTS: CASH WITH FISCAL AGENT: TOTAL DEMAND DEPOSITS US TREASURY Money Market Acct. LOCAL AGENCY INVESTMENT FD US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD (Bond Proceeds Account) ($2,094.03) 8,309.29 250.00 500.00 $6,965.26 $745,000.95 29,288,695.80_ 30,033,696.75 $422,919.02 149, 332.24 572,251.26 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 Wells Fargo Money Mkt -Effective Yield - November 2004 Union Bank Money Mkt - Effective Yield - November 2004 2.003% 1.204% 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 esti ted expendi es. r Linda C. Lowry, Treasur Agenda # 6.5 Meeting Date: Jan. 4, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members,?f the City Council VIA: Linda C. Lowry, City Manage rud 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: Ji larke, Legislative Analyst Agenda # 6.6 Meeting Date: January 4, 2005 CITY COUNCIL '' AGENDA REPORT �f 7kPOR��� - TO: Honorable Mayor and Members of the City Council VIA:Linda C. Lowry, City Manage TITLE: In 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 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. PREPARED BY: Linda G. Magnuson REVIEWED BY: Departme t Head Deputy City Manager Attachments: FY 03-04 Comprehensive Annual Financial Report and Single Audit Report on Federal Awards 2004 comyreheonsiove Annual Ttinaruia.0 IReamt Cit v_o_f-:Diamond.µ-Bar;=--CalEfornis Year-endkl`june 30, 2004 CITY OF DIAMOND BAR CALIFORNIA Comprehensive Annual Financial Report Year ended June 30, 2004 Prepared by: FINANCE DEPARTMENT Linda G. Magnuson Director of Finance CITY OF DIAMOND BAR Comprehensive Annual Financial Report Year ended June 30, 2004 TABLE OF CONTENTS INTRODUCTORY SECTION: Page Letter of Transmittal 1 CSMFO Certificate of Award Outstanding Financial Reporting vii GFOA Certificate of Achievement for Excellence in Financial Reporting viii Organization Chart ix List of Principal Officials x FINANCIAL SECTION: Independent Auditors' Report Management's Discussion and Analysis (Required Supplementary Information) Basic Financial Statements: Government -wide Financial Statements: Statement of Net Assets 13 Statement of Activities 14 Fund Financial Statements: Governmental Funds: Balance Sheet 16 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets 17 Statement of Revenues, Expenditures and Changes in Fund Balances 18 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 19 Proprietary Funds: Statement of Net Assets 20 Statement of Revenues, Expenses and Changes in Fund Net Assets 21 Statement of Cash Flows 22 Notes to the Basic Financial Statements 23 Required Supplementary Information: Notes to Required Supplementary Information 57 Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual: General Fund 58 CITY OF DIAMOND BAR Comprehensive Annual Financial Report (Continued) TABLE OF CONTENTS, (CONTINUED) Page Supplementary Schedules: Non -Major Governmental Funds: Combining Balance Sheet 60 Combining Statement of Revenues, Expenditures and Changes in Fund Balances 61 Non -Major Special Revenue Funds: 63 Combining Balance Sheet Combining Statement of Revenues, Expenditures and Changes in Fund Balances 65 Schedules of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual: 67 State Gas Tax 68 Proposition A Transit 69 Proposition C Transit 70 70 ISTEA Traffic Congestion Relief 71 Integrated Waste Management 72 73 Air Quality Improvement California Law Enforcement Equipment Program (CLEEP) 74 Park and Facility Development 75 76 Community Development Block Grant 77 Citizens Option for Public Safety (COPS) 78 Asset Seizure Landscape Maintenance District 79 Non -Major Debt Service Fund: Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual: 81 Public Financing Authority Debt Service Major and Non -Major Capital Projects Funds: Schedules of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual: Public Financing Authority Capital Project 83 Capital Improvement Grand Avenue Construction Capital Project 84 85 CITY OF DIAMOND BAR Comprehensive Annual Financial Report (Continued) TABLE OF CONTENTS CONTINUED Page Internal Service Funds: 87 Combining Statement of Net Assets Combining Statement of Revenues, Expenses and Changes in Fund Net Assets 88 89 Combining Statement of Cash Flows STATISTICAL SECTION: Table Page Government -wide Expenses by Function 1 91 92 Government -wide Revenues General Government - Expenditures by Function 2 3 93 General Government - Revenues by Source 4 94 95 Property Tax Levies and Collections 5 6 996 Assessed and Estimated Actual Value of Taxable Property Property Tax Rates — Direct and Overlapping Debt 8 98 Computation of Legal Debt Margin g 98 Computation of Direct and Overlapping Debt 10 100 Residential and Commerical Construction and Bank Deposits Principal Taxpayers I 1 12 101 102 Schedule of Insurance 13 103 Miscellaneous Statistics 14 104 Schedule of Credits Ckbrare tete Past... Envision tie Turure.' Council Goals for 2003-2004 (For the complete list of goals, visit www.cityofdiamondbar.com) Retention of Country Living Character & Preservation of Open Space Resources Maintaining a careful balance of housing, businesses and services, public facilities, andpreservation ofsignificant natural environmental resources • Landscaping Projects • New Residential Street Signs • Diamond Bar Center (open March 2004) • Trail Improvements at Sycamore Canyon Park Provision of Well -Maintained, Attractive Housing, lousing which accommodates people of all ages, cultures, occupations and levels of 'inancial status • Neighborhood Improvement Program • Home Improvement Programs Creation of Nuturing Community Environment A community which natures social, cultural, religious, educational and recreational opportunities • Diamond Bar Center (open March 2004) • Sports Complex Task Force • Youth Master Plan Pomotion of Viable Commercial Activity The City plays a proactive role in business and economic development to provide a full range of desired retail goods and services and production of desired City sales tax revenue • Economic Development • Revital ization of Country HII is Towne Center • Possible development of Grand Avenue & Golden Springs Drive Property Reduction of Regional Traffic Impacts The City is committed to a proactive involvement in regional efforts to solve and/or reduce circulation impacts on the local community • Participation in Regional Transportation Committees • CalTrans 57/60 Project • Traffic Signalization Plan INTRODUCTORY SECTION City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91765-4178 (909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com November 29, 2004 Honorable Mayor and Members of the City Council City of Diamond Bar Diamond Bar, California It is a pleasure to submit the Comprehensive Annual Financial Report of the City of Diamond Bar for the fiscal year ended rune 30, 2004. This is the second year that the City's annual financial report has been reformatted to comply with the new financial reporting model developed by the Governmental Accounting Standards Board (GASB) Statement 34. The new financial reporting model changes the format of the City's financial statements. It is intended to improve financial reporting by including significant additional information not previously available in local government financial statements. This report consists of management's representations concerning the finances of the City. Consequently, responsibility for both the accuracy Bob Zirbes of the presented data and the completeness and fairness of the Mayor presentation, including all disclosures, rests with the City's management. Carol Herrera To provide a reasonable basis for making these representations, Mayor Pro Tem management of the City has established a comprehensive internal control framework that is designed both to protect the City's assets from loss, Wen Chang theft, or misuse and to compile sufficient reliable information for the Council Member preparation of the City's financial statements in conformance with Bob Huff GAAP. Because the cost of internal controls should not outweigh their Council Member benefits, the City's comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assurance that Deborah H. O'Connor the financial statements will be free from material misstatement. As Council Member management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material aspects. The City's financial statements have been audited by Conrad and Associates, L.L.P., a firm of certified public accountants. The goal of the independent audit was to provided reasonable assurance that the financial statements of the City for fiscal year ended June 30, 2004, are -i- Recycled paper free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded based upon the audit that there was a reasonable basis for rendering an unqualified opinion that the City's financial statements for the fiscal year ended June 30, 2004, were fairly presented in conformity with GAAP. The independent auditor's report is presented as the first component of the financial section of this report. The independent audit of the financial statements of the City of Diamond Bar was part of a broader, federally mandated "Single Audit" designed to meet the special needs of federal grantor agencies. The standards governing Single Audit engagements require the independent auditor to report not only on the fair presentation of the financial statement, but also on the audited City's internal controls and legal requirements involving the administration of federal awards. These reports are available in the City's separately issued Single Audit Report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD&A). This letter of transmittal is designed to complement MD&A and should be read in conjunction with it. The City's MD&A can be found immediately following the report of the independent auditors. PROFILE OF THE CITY OF DIAMOND BAR The City, incorporated in 1989, is located at the junction of the 57 and 60 freeways. As a result, the City of Diamond Bar is at the hub of the Los Angeles basin transportation network. A twenty-five mile radius encompasses Pasadena, downtown Los Angeles, Long Beach, Irvine and Riverside. Diamond Bar is a relatively young residential community of about 59,000, situated among the meandering hills and valleys of Brea Canyon. Many desired services can be found in Diamond Bar's shopping and business centers. Recreational opportunities within the City include more than 70 acres of developed park facilities, a new community center, an 18 -hole public golf course and 370 acres of undeveloped publicly owned open space. The City has operated under the council-manager form of government since incorporation. Policy making and legislative authority are vested in a five member City Council. The City Council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and task forces, and hiring both the City Manager and City Attorney. The City Manager is responsible for overseeing the day -to day operations of the City, and for appointing the heads of the various departments. The Council is elected on a non-partisan basis. Council members serve four-year staggered terms, with elections held every other year. Each December, the City Council selects a mayor and mayor pro tern from its membership. The City of Diamond Bar is a contract city and as such contracts for many of its services. This includes police services, building and safety services, engineering, road maintenance and landscape maintenance. The Los Angeles County Fire District provides fire protection, which is independent of the City. Funds are collected through property tax bills and are disbursed directly to the Los Angeles County Fire District by the Los Angeles County Tax Collector's Office. Water services for the City are provided by the Walnut Valley Water District. Refuse collection is provided by private waste collection companies. Additionally, schools are provided by both the Walnut Valley Unified School District and the Pomona Unified School District. Accordingly, none of these activities are included in this report. ECONOMIC CONDITION AND OUTLOOK During the last few years, the City of Diamond Bar's economy has seen a slight improvement. This fiscal year was no exception as illustrated by higher sales tax revenues and transient occupancy tax revenues. Now, with the shifts in State revenue and the anticipated loss of two major sales tax producers, the future is not as stable as it once was. The City has, however, built General Fund reserves to fill in any gaps created by the economy or the State. A careful analysis of the FY 04-05 budget will be done mid -year to adjust anticipated revenues as well as appropriations. Of major concern, are efforts by the State to reduce municipal revenue resources. These include motor vehicle license fees and gas tax revenues. This along with the taking of revenue that was to "backfill" shortages in property tax revenues lost through Proposition 13, is of a major concern to most California cities. The City of Diamond Bar joined forces with other cities via various organizations to support and pass a State- wide ballot measure to protect local revenue sources. The City continues to market opportunities for business expansion and business attraction. Late in the fiscal year a major economic development opportunity presented its self. Lewis Development has proposed a residential and retail project called the Village at Diamond Bar which will be located at the intersection of Grand Avenue and Golden Springs Drive. This location was formally know as the Calvary Chapel/Citrus Valley site and is targeted as one of the prime retail locations in the City. It is anticipated that this project will make up for some of the erosion in the City's sales tax base. FY04-05, the City will continue to explore opportunities to expand its sales tax and property tax base with new development opportunities in its commercial areas. These include the Country Hills Town Center; Walnut Valley Trailer Park site; L.A. County Golf Course site; and the K -Mart Property. AWARDS The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Diamond Bar for its comprehensive annual financial report for the fiscal year ended June 30, 2003. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, with contents that conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. The City of Diamond Bar has received the Certificate of Achievement for the last nine consecutive years (fiscal years ended 1995 through 2003 ). We believe our current report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to GFOA to determine its eligibility for another certificate. The City of Diamond Bar has also been awarded the Certificate of Award for Outstanding Financial Reporting by the California Society of Municipal Finance Officers for its comprehensive annual financial report for the last seven consecutive years. REPORTING ENTITY AND ITS SERVICES This Comprehensive Annual Financial Report includes all funds of the City. The City directly provides a limited range of services and contracts for several other services. The City's significant reliance on contracted services has the benefit of reducing expenses to the citizens of the City of Diamond Bar while simultaneously providing the City with a high degree of flexibility in responding to changing economic conditions. Contracted services include police protection, building and safety, street maintenance, park maintenance, capital improvement projects, animal control, attorney services and engineering. Staff provided services include: community development (which includes planning, economic development, building and safety management, and neighborhood improvement), public works (which includes engineering, capital projects administration, street maintenance contract management, traffic and transportation matters, engineering contract management, solid waste contract management and subsidized transit ticket sales), community services (which includes senior services, park maintenance, recreation services and landscape maintenance), community relations, grant administration, financial management, and administrative management. All of these activities are included in this report. -1v- Cash Management The City invests temporarily idle funds in accordance with the Government Code and the investment policy approved annually by the City Council. During FY03-04, most of the City funds were invested in the Local Agency Investment Fund (LAIF), which is administered by the State Treasurer's Office. In addition to LAIF, the City maintains Money Market Mutual Fund accounts that are in accordance with the City's investment policy. The City manages all of its cash and investments on a pooled basis. Interest earnings are allocated to the various funds based on their share of cash and investment balances. Risk Management The City of Diamond Bar is a member of the California Joint Powers Insurance Authority (CJPIA) for the purpose of pooling its general liability losses and claims with the other member agencies. The City retains the first $20,000 of each claim. Claims above $20,000 are shared by all the member agencies up to a maximum of $50,000,000 per occurrence. The City has also joined the CJPIA's Workers' Compensation Insurance Program. The administration of the workers' compensation program is similar to that of the authority's liability program. The City is charged for the first $50,000 of each claim. Costs from $50,001 to $100,000 per claim are pooled based on the member's losses under its retention lever. Costs between $100,001 & $500,000 are pooled based on payroll. Costs in excess of $500,000 are paid by excess insurance purchased by the CJPIA. The excess insurance provides coverage to statutory limits. Additionally, the City has all risk property insurance through the Authority. The City's property is currently insured according to a schedule of covered property submitted to the Authority by the City. Total all-risk property insurance overage is $100,000,000 per occurrence. There is a $5,000 per loss deductible. Premiums for the coverage are paid annually. The City has also established a self-insurance internal service fund to cover the City's share of any potential losses not covered by the CJPIA. The City Council established a policy of annually transferring $100,000 to the fund to create a self-insurance reserve. Policy states that when the reserve reaches $1,000,000, the reserves are deemed to be sufficient. No transfer was necessary this fiscal year, since the reserves reached that milestone in fiscal year 1998-99. The self-insurance reserve at June 30, 2004 was $1,477,668. Defined Benefit Pension Plan The City has contracted with the California Public Employees Retirement System (PERS) to provide retirement, disability, death and survivor benefits for all eligible full and part-time City employees. The pension benefit obligation varies from year to year and is computed as part of an actuarial valuation. For the three years ended June 30, 2002, 2003, and 2004 the total contribution to PERS was 11.05%, 11.66% and 12.70% respectively, of the annual covered payroll. The City's total contribution to the system was $288,999 for FY003-04. The total contribution paid by the City included employer contributions as well as member contributions for which the City is contractually obligated to pay on behalf of its employees. Acknowledgements The preparation of this Comprehensive Annual Financial Report on a timely basis was made possible by the dedicated service of the City's Finance Department staff, and through the cooperation of the entire City staff. Each staff member has my sincere appreciation for the contributions made in the preparation of this Report. I would also like to thank our independent auditor, Conrad & Associates LLP., for its expertise and advice in the preparation of the City's Comprehensive Annual Financial Report. In closing, without the leadership and support of the City Council of the City of Diamond Bar, the preparation of this Report would not have been possible. Sincerely, /, VA -V g LA Linda C. Lowry 'n City Manager -vi- California Society of Municipal 3inance Off-Wers Certificate of Award Outstanding Financial Reporting 2002-2003 Presented to the City of Diamond Bar This certificate is issued in recognition of meeting professional standards and criteria in reporting which reflect a high level of quality in the annual f nancial statements and in the underlying accounting system from which the reports were prepared? March 1, 2004 0. 1 Chair, Proressional & Technical Standards Committee Dedicated to Excellence in Municipal Financial Management Certificate of Achievement for Excellence in Financial Reporting Presented to City of Diamond Bar, California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2003 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. 65La�-' President Executive Director 4--d 5.. �r i u 0 4-J0 T` �/ N O ML W 0 E a 0 >1 -FJ U Lo L u �} 0 ►m mE 4 u w O N d n H � cu o o H E R E E > 0 `o m 0 Lb u L o O V 'Op N LL CU 6n U c oo no a U f4 O C ..�+ t 5 CL Q C Q C D Cn Q L, Q- _5 U J U ro R C j J C _ E E ¢ a� as m u nD a a o 0 E.5 oD cu O U = i m LE u a u u a V m Ln � y c m ) a Q) r C = 0. to N E o bD 2E U 1— Ln y CL •E u OA o < C m m me oo c c m C O O n00 O c 0 O to G L � L] o_ -0 U 7 ro C U � m jtr-� on c o a� U •ro ce- w o E u u O C O IL E n0 H C 2 C � O _ D1 V U m aui X W 4 u w O N d n H � cu o o H E R E E > 0 `o m 0 Lb u L o O V 'Op N LL CU 6n U c oo no a U f4 O C ..�+ t 5 CL Q C Q C D Cn Q L, Q- _5 U J U c c O 0 C; V Q E 0 o v (U r- 0 C 0 0 W v m m 0 ro R C 15 j C u y I n a no O E 0 6� U oD r u O d V y C �,O L u a u u a o y c m ) a Q) r C = 0. to It- 0. o i I U 1— Ln w OA v, L _ 00 C y d y c oo c E c O > n tL cn CL C � � � D •V 0 O to G L � L] o_ E N � N ) cn in U � c c O 0 C; V Q E 0 o v (U r- 0 C 0 0 W v m m 0 ro 0 w It- 0 QJ u Z on c O O on E m. E c o Q om >�Erz� _cz CL LLC U E m Cl) z v 6 T C C O U u M U u x + CITY OF DIAMOND BAR ELECTED AND ADMINISTRATIVE OFFICIALS Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager/City Clerk Deputy City Manager Deputy City Manager Director of: Community Services Finance Public Works Robert Zirbes Carol Herrera Wen P. Chang Deborah H. O'Connor Robert Huff Linda C. Lowry James DeStefano David A. Doyle Bob Rose Linda G. Magnuson David G. Liu City of Diamond Bar The City of Diamond Bar is a general law city incorporated on April 18, 1989. It is governed by a city council/city manager form of government. City Manager's Office A City Manager is appointed by the Council to oversee the daily activities of the City. The City of Diamond Bar is organinzed into two main areas - the Administrative Services Department and the Community and Development Services Department - with several Divisions in each Department. City Clerk's Office The City Clerk's office has a statutory duty to record the official minutes of all City Council meetings; maintain original resolutions and ordinances, and is the custodian of the City seal. Additionally, the Clerk is the chief election officer for municipal eiections and the depository for all official documents and records. FINANCIAL SECTION CONRADM-W CERTIFIED PUBLIC ACCOUNTANTS ASSOCIATES, L.L.P. 2301 T DRIVE, SUITE 200 IRVINE, CALIFORNIA 92612 (949) 474-2020 Fax (949) 263-5520 Honorable Mayor and City Council City of Diamond Bar Diamond Bar, California Independent Auditors' Report We have audited the accompanying financial statements of the governmental activities, each major fund and the aggregate remaining fund information of the City of Diamond Bar, California, as of and for the year ended June 30, 2004, which collectively comprise the City's basic financial statements, as listed in the table of contents. These financial statements are the responsibility of the management of the City of Diamond Bar. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund and the aggregate remaining fund information of the City of Diamond Bar, California, as of June 30, 2004, and the respective changes in financial position and cash flows, where applicable, of the City of Diamond Bar, California for the year then ended in conformity with accounting principles generally accepted in the United States of America. The information identified in the accompanying table of contents as management's discussion and analysis and required supplementary information is not a required part of the basic financial statements but are supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. MEMBERS Of AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION Honorable Mayor and City Council City of Diamond Bar, California Page Two Our audit was conducted for the purpose of forming opinions on the financial statements that collective comprise the City of Diamond Bar's basic financial statements. The introductory section, combining and individual nonmajor fund financial statements and statistical tables are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory section and statistical tables have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. In accordance with Government Auditing Standards, we have also issued our report dated October 15, 2004 on our consideration of the City's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. October 15, 2004 Public Safety The City of Diamond Bar's primary public safety services are provided by the County of Los Angeles. The City of Diamond Bar contracts with the Los Angeles County Fire Department for al I of its fire and emergency medical service needs. There are three fire stations that are strategically located within the City limits. For al I law enforcement services, the City contracts with the Los Angeles County Sheriff's Department. Diamond Bar is served by the Walnut - Diamond Bar Sheriff Station with more than 20 full-time personnel assigned specifically to Diamond Bar. Both entities are trained to provide the highest level of public safety and emergency assistance. Other public safety services include animal control, pest control, emergency services, and risk management. W Management's Discussion and Analysis As management of the City of Diamond Bar, we offer readers of the City of Diamond Bar's financial statements this narrative overview and analysis of the financial activities of the City of Diamond Bar for the fiscal year ended June 30, 2004. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal. Financial Highlights • During the fiscal year, the City's total net assets increased by $124,426 while the composition of the net assets changed from having 65% to 77% unrestricted net assets. This is due the completion of the Diamond Bar Center and the use of lease revenue bond proceeds that were reported in the prior fiscal year as restricted net assets. • The total revenues from all sources equaled $18,306,947. • The total cost of all City programs equaled $18,431,573. • The total costs exceeded total revenues due to the costs associated with construction of the Diamond Bar Center and the use of resources for economic development purposes. • The assets of the City of Diamond Bar exceeded its liabilities at the close of the fiscal year by $40,307,154 (net assets). Of this amount, $31,231,827 (unrestricted net assets) may be used to meet the City's ongoing obligations to citizens and creditors. • At the end of the current fiscal year, unreserved fund balance for the general fund was $22,663,502, or one and three quarters the amount of general fund expenditures. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the City of Diamond Bar's basic financial statements. The City of Diamond Bar's basic financial statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government -wide financial statements — The government —wide financial statements are designed to provide readers with a broad overview of the City of Diamond Bar's finances, in a manner similar to a private -sector business. 3 The statement of net assets presents information on all of the City of Diamond Bar's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in new assets may serve as a useful indicator of whether the financial position of the City of Diamond Bar is improving or deteriorating. The statement of activities presents information showing how the City's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both of the government -wide financial statements distinguish functions of the City of Diamond Bar that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City of Diamond Bar include general government, public safety, highways and streets, community development, and parks and recreation. The City of Diamond Bar currently has no business -type activities. The government -wide financial statements include not only the City of Diamond Bar itself, but also a legally separate financing authority. Although legally separate, the Diamond Bar Financing Authority is included because the City is financially accountable for it. Fund financial statements —A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Diamond Bar, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. All of the funds of the City can be divided into two categories: governmental funds, and proprietary funds. Governmental Funds — Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near- term inflows and outflows of spendable resources, available at the end of the fiscal year. This information helps to determine whether there are more or fewer financial resources that can be spent in the near future to finance the City's programs. 4 Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impacts of the City's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City of Diamond Bar adopts an annual appropriated budget for its general fund. A budgetary comparison statement has been provided for the general fund to demonstrate compliance with this budget. Proprietary Funds — The type of proprietary funds that the City maintains are internal service funds that are used to allocate costs internally among the various functions of the City. The City of Diamond Bar uses these funds to account for its liability insurance costs and vehicle and computer replacement costs. Because these services predominantly benefit governmental rather than business -type functions, they have been included within governmental activities within the government -wide financial statements. Notes to the Financial Statements — The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. Other Information — In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City's budgetary control and accounting and expenditures in excess of appropriations. Government -wide Financial Analysis As mentioned earlier, net assets may serve over time as a useful indicator of the City's financial position. The City of Diamond Bar's assets exceeded liabilities by $40,307,154 at the close of 2004. (see Table 1) Included in the net assets of the City of Diamond Bar is its investment in capital assets (e.g., land, buildings, machinery, construction in progress and equipment), less the related outstanding debt used to acquire those assets. The City of Diamond Bar uses these capital assets to provide services to its citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. Table 1 CITY OF DIAMOND BAR'S Statement of Net Assets Current and other assets Capital assets Total Assets Long-term debt outstanding Other Liabilities Total Liabilities Net assets: Invested in capital assets, net of debt Restricted Unrestricted Total Net Assets Governmental Activities 2004 2003 $35,763,758 $42,305,020 21,411,077 15,009,406 57,174,835 57,314,426 13,530,722 13,809,092 3,336,959 3,073,754 16,867,681 16,882,846 8,833,560 8,237,553 241,767 5,988,178 31,231,827 26,205,849 $40,307,154 $40,431,580 Less than one percent of the City of Diamond Bar's net assets are resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets ($31,231,827) may be used to meet the City's ongoing obligations to citizens and creditors. The major change that occurred in the categorization of the Net Assets from the prior fiscal year is due the completion and capitalization of the new community/senior center (Diamond Bar Center). The Capital Assets category increased as a result, and the use of bond proceeds to complete construction resulted in the major decrease in Restricted Net Assets. There was a slight decrease in net assets of $124,426. Table 2 illustrates this change. The City's total revenues were $18.3 million, while the total cost of all programs and services were $18.4 million. Revenues this fiscal year were less than those of the prior year. There were both increases and decreases in several of the revenue categories. The following are highlights of some of the major differences: M • Sales tax, transient occupancy tax and franchise taxes were all higher this year due to a growing economy. • The dramatic decrease in Capital Grants and Contributions is due to the receipt of funds during FY03 for the construction of the Diamond Bar Center. • The reduction in Motor Vehicle in Lieu fees was due to the change in the allocation of funds from the State. • Investment Income was lower due to a lower return on investments and lower cash balances. Table 2 City of Diamond Bar's Changes in Net Assets Revenues: Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General Revenues Property taxes Transient occupancy taxes Sales Taxes Franchise Taxes Motor vehicle in lieu Property transfer tax Othertaxes Investment Income Other Total revenues Expenses: General Government Public Safety Highways and Streets Community Development Parks, Recreation and Culture Interest and Fiscal Charges Increase in net assets Net assets - 0701/03 Net assets - 06/30/04 7 2004 2003 $3,033,645 $2,872,909 4,068,446 4,390,722 261,994 1,779,510 2,682,872 2,692,723 628,564 578,680 3,167,901 2,965,292 912,531 828,242 2,716,134 3,370,387 367,464 367,638 35,077 34,989 182,069 439,455 250,250 84,795 18,306,947 20,405,342 3,713,530 3,315,082 4,875,823 4,988,449 1,365, 737 1,006, 768 5,724,606 3,370,116 2,580,454 2,309,150 171,223 535,752 18,431,373 15,525,317 (124,426) 4,880,025 40,431,580 35,551,555 $40,307,154 $40,431,580 The significant increase in the Community Development category is as a result of the construction of the Diamond Bar Center. The other increases in operating expenses are primarily as a result of increased services to the City. Financial Analysis of the City's Funds As noted earlier the City of Diamond Bar uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds. The focus of the City of Diamond Bar's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a City's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City of Diamond Bar's governmental funds reported combined ending fund balances of $29,560,397, a decrease of $6,811,685 in comparison with the prior year. Of this amount, there is $128,350 reserved to liquidate contracts and purchase orders outstanding at the end of the year. The general fund is the chief operating fund of the City of Diamond Bar. At the end of the current fiscal year, unreserved fund balance of the general fund was $21,796,659, while the total fund balance reached $22,663,502. As a measure of the general fund's liquidity, it may be useful to compare both unreserved fund balance and total fund balance to total fund expenditures. Unreserved fund balance represents 169.9% of total general fund expenditures, while total fund balance represents 176.6% of the same amount. During the current year, the fund balance of the City of Diamond Bar's general fund increased by $309,876. Since the City's incorporation, the City has been fiscally conservative. Other factors contributing to this growth are as follows: • An increase in transient occupancy tax as a result of improved travel business. • Sales tax as a result of a growing economy. • The exchange of Proposition A — Transit Taxes for General Fund money. N • There were more funds transferred to the General Fund from the Gas Tax Fund to reimburse for street maintenance expenses. General Fund Budgetary Highlights Although the changes to the original revenue estimates were relatively insignificant, the differences between the original expenditure budget and the final expenditure budget were not. The budget amendments and supplemental appropriations were made during the year to prevent budget overruns and to increase appropriation for unanticipated expenditures after adoption of the original budget. Some of these expenditures did not materialize and as a result the actual expenditures actually remained lower than the original budget. Capital Asset and Debt Administration Capital assets - The City of Diamond Bar's investment in capital assets for its governmental activities as of June 30, 2004 amounts to $21,411,077 (net of accumulated depreciation). This investment in capital assets includes land, buildings and improvements, furniture and fixtures, vehicles and equipment and construction in progress. The total increase in the City's investment in capital assets was 42.7%. (Table 3) The City has not valued its infrastructure and therefore it has not been included at this time. The major capital asset event during the current fiscal year was the completion of the construction on the new Diamond Bar Center (communitylsenior center). This is by far the largest project constructed by the City. As a result, the construction in progress from the previous year was eliminated and the new building was capitalized at $14,062,338. The City upgraded its computers last fiscal year and as a result, the old equipment was disposed of. Increases in vehicles and equipment were primarily due to the furnishing of the new Diamond Bar Center. we Table 3 City of Diamond Bar Capital Assets (net of depreciation) Land Buildings and Improvements Furniture and Fixtures Vehicles & Equipment Construction in Progress 2004 2003 $5,252,465 $5,252,465 15,762,883 2,144,916 3,887 24,213 391,842 314,739 the City) 7,273,073 $21,411,077 $15,009,406 Additional information on the City's capital assets can be found in note 4. Long-term debt — At the end of the current fiscal year, the City of Diamond Bar's total long-term debt equaled $13,837,566. The following table shows the breakdown of the debt outstanding. Outstanding Long Term Debt at Year-end Variable Rate Lease Revenue Bonds (backed by the Public Financing Authority) 13,755,000 Unamoritzed Bond Discount (132,965) Compensated Absences (backed by the City) 215,531 $13,837,566 Economic Factors and Next Year's Budgets and Rates While the City maintains a diverse and upscale housing stock, the City's economy is equally dependent on commercial and retail revenues. The City's concentration on maintaining and attracting new business clientele is of utmost importance. The City's 2004-05 budget is a fiscally conservative budget, this year, however, is the first year in which operating appropriations are slightly higher than estimated revenue in the General Fund. When the City issued bonds to assist with the funding of the Diamond Bar Center, it was a conscientious decision that some general fund balance reserves should be used for 10 economic development. As a result, the FY05 budget includes an increase in the economic development budget. It is anticipated that these efforts will be rewarded in the near future with the development of a new retail center and housing project. Contacting the City's Financial Management This financial report is designed to provide our citizens, taxpayers, customers, and creditors with a general overview of the City of Diamond Bar's finances and to show the City's accountability for the money it receives. if you have questions about this report or need additional financial information, contact the City's Finance Department, at the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California 91765. 11 (This page intentionally left blank) a Finance The Finance Division provides accounting control over assets, revenues, receivables and maintains budgetary control over al I City funds. The Finance Division processes all financial transactions of the City. Specific activities include accounts payable, cash receipts, payroll, fixed assets, budget maintenance, audits, financial reporting, and the refinements and maintenance of the general accounting system. F ■ ■ COMPOCHCNSI 74NNU AL FN,4NC1A1 �ORT Human Resources In conjunction with the payroll function, the Finance Division also serves as the Human Resources Division. This includes employee recruitment, benefit administration, personnel review and salary adjustments. cn cv E W vo -+ rz CITY OF DIAMOND BAR Statement of Net Assets June 30, 2004 Governmental Activities Assets: Cash and investments (note 2) $ 32,034,456 Cash and investments with fiscal agent (note 2) 653,680 Accounts receivable, net 452,055 Interest receivable 111,215 Due from other governments 1,813,075 Notes receivable 88,585 Unamortized issuance costs 610,692 Capital assets, not depreciated (note 4) 5,252,465 Capital assets, depreciated (note 4) 16,158,612 57.174.835 Total assets Liabilities: 1,608,975 Accounts payable 262,221 Accrued payroll 1 ,019,488 Deposits 50,846 Retentions payable Advance to other governments 88,585 Long-term liabilities (note 5): Due within one year 306,844 Due in more than one year 13,530,722 Total liabilities 16,867,681 Net assets: Invested in capital assets, net of related debt 8,833,560 Restricted for: Capital projects 241,767 31,231,827 Unrestricted Total net assets $ 40,307,154 See accompanying notes to the basic financial statements. 13 CITY OF DIAMOND BAR Statement of Activities Year ended June 30, 2004 Program Revenues Operating Capital Net Charges for Grants and Grants and Governmental Expenses Services Contributions Contributions Activities Governmental activities: $ 3,713,530 225,656 20,685 - (3,467,189) General government Public safety 4,875,823 733,902 133,241 - (4,008,680} Highways and streets 1,365,737 529,330 2,714,122 - 1,877,715 Community development 5,724,606 933,985 1,102,007 261,994 (3,426,620) Parks, recreation and culture 2,580,454 610,772 - - (1,969,682) Interest and fiscal charges 171,223 - 98,391 - (72,832) Total governmental activities $ 18,431,373 3,033,645 4,068,446 261,994 (11,067,288) General revenues: Taxes: Property taxes 2,682,872 Transient occupancy taxes 628,564 Sales taxes 3,167,901 Franchise taxes 912,531 Motor vehicle in lieu 2,716,134 Property transfer tax 367,464 Other taxes 35,077 Investment income 182,069 Other 250,250 Total general revenues Change in net assets Net assets at beginning of ;year Net assets at end of year See accompanying notes to the basic financial statements. 14 (124,426) I $ 40,307,154 Information Systems The Information Systems Division provides ongoing technical and software support to al I the departments of the City. he Division is also ?sponsible for enhancing nd managing the City's iformation technology ctivities including the valuation, procurement, nd maintenance of omputer/network systems nd software; as well as ssisting in the -nplementation of the e- overnment plan. V W. GOVERNMENTAL FUNDS GENERAL FUND The General Fund has been classified as a major fund and is used to account for resources traditionally associated with government, which are not legally or by sound financial management to be accounted for in another fund. CAPITAL PROJECTs FUNDS Capital Projects Funds are used to account for the acquisition and construction of major capital facilities. The following Capital Projects Funds have been classified as major funds in the accompanying financial statements: Capital Improvement Fund — This fund is used to account for the costs of constructing street improvements, park improvements, and other public improvements. Public Financing Authority Fund — This fund is used to account for the financing of the construction of a community/senior center.project. is Assets: Cash and investments (note 2) Cash and investments with fiscal agent (note 2) Accounts receivable, net Interest receivable Due from other funds (note 3) Due from other governments Notes receivable Total assets Liabilities a and ce Liabilities: Accounts payable Accrued payroll Deposits Due to other funds (note 3) Deferred revenue Retentions payable Advance to other governments Total liabilities Fund balances (deficit): Reserved for: Encumbrances Improvements Bond retirement Notes receivable Unreserved: Reported in: General fund Special revenue funds Debt service fund Capital projects funds Total fund balances (deficit) Total liabilities and fund balances CITY OF DIAMOND BAR Governmental Funds Balance Sheet June 30, 2004 (With Comparative Data for Prior Year) Capital Projects Funds Public Non -Major General Capital Financing Governmental Totals Fund Improvement Authority Funds 2004 2003 $ 23,406,416 - - 6,952,588 30,359,004 30,769,268 - - 147,765 505,915 653,680 6,983,147 247,981 - - 44,598 292,579 253,577 110,273 - 942 - 111,215 134,000 339,957 627,415 - - 967,372 1,410,154 960,224 33,519 819,332 1,813,075 1,929,753 _ - 88,585 88,585 - $ 25,064,851 660,934 148,707 8,411,018 34,285,510 41,479,899 $ 1,122,277 273,419 - 212,614 1,608,310 1,808,012 245,854 - - 16,367 262,221 189,306 1,019,488 - - - 1,019,488 996,480 - 321,671 - 642,305 963,976 1,410,154 13,730 33,518 - 684,439 731,687 623,909 - 50,846 - - 50,846 79,956 _ _ - 88,585 88,585 - 2,401,349 679,454 - 1,644,310 4,725,113 5,107,817 111,074 - - 17,276 128,350 748,744 250,250 - - - 250,250 - 505,519 - - 505,519 - - - - 88,585 88,585 - 21,796,659 - - - 21,796,659 21,913,219 _ - - 6,043,352 6,043,352 7,264,535 505,915 505,915 614,143 - (18,520) 148,707 111,580 241,767 5,831,441 22,663,502 (18,520) 148,707 6,766,708 29,560,397 36,372,082 $ 25,064,851 660,934 148,707 8,411,018 34,285,510 41,479,899 See accompanying notes to the basic financial statements. 16 CITY OF DIAMOND BAR Governmental Funds Reconciliation to the Balance Sheet of Governmental Funds to the Statement of Net Assets June 30, 2004 Fund balances of governmental funds Amounts reported for governmental activities in the statement of net assets are different because: Capital assets, net of depreciation, have not been included as financial resources in governmental fund activity. Long-term debt and compensated absences from the General Long Term Debt Account Group that have not been included in the governmental fund activity: Revenue bonds payable Compensated absences Unamortized issuance costs Unamortized discount and deferred charges Revenues that are measurable but not available. Amounts are recorded as deferred revenue under the modified accrual basis of accounting. internal service funds are used by management to charge the costs of certain activities, such as equipment management, to individual funds. The assets and liabilities of the internal service funds must be added to the statement of net assets. Net assets of governmental activities See accompanying notes to the basic financial statements. 17 $ 29,560,397 21,379,548 (13,755,000) (215,531) 610,692 132,965 731,687 1.862.396 $ 40,307,154 CITY OF DIAMOND BAR Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2004 (With Comparative Data for Prior Year) Capital Projects Funds Public Non -Major General Capital Financing Governmental Fund Improvement Authority Funds 2004 Totals 2003 Revenues: Taxes $ 7,759,331 - - - 7,759,331 7,432,575 Special assessments - - - 555,232 555,232 557,601 Intergovernmental 3,001,461 201,184 3,150,507 6,353,152 8,602,856 Charges for services - - - 709,011 709,011 706,137 Fines and forfeitures 733,903 - - - 733,903 813,617 Licenses, permits and fees 1,457,345 - - - 1,457,345 1,467,127 Investment income 182,068 - 93,186 120,675 395,929 658,922 Other 225,656 9,295 - - 234,951 74,818 Total revenues 13,359,764 210,479 93,186 4,535,425 18,198,854 20,313,653 Expenditures: Current: General government 3,661,541 - 25 1,489 3,663,055 3,163,516 Public safety 4,821,298 - - 35,881 4,857,179 4,973,248 Highway and streets - - - 1,365,737 1,365,737 1,006,768 Parks, recreation and culture 2,114,090 - - - 2,114,090 1,946,025 Community development 2,235,765 - - 1,184,091 3,419,856 2,808,613 Capital outlay - 9,261,289 - - 9,261,289 8,057,482 Debt service: Interest charges - - - 145,580 145,580 86,562 Fiscal charges and issuance costs - - _^ - - - 1,080,940 Total expenditures 1.2,832,694 9,261,289 25 2,732,778 24,826,786 23,123,154 Excess (deficiency) of revenues over (under) expenditures 527,070 (9,050,810) 93,161 1,802,647 (6,627,932) (2,809,501) Other financing sources (uses): Bonds issued - - - - - 13,755,000 Bonds discount - - - - - (137,550) Transfers in (note 3) 1,109,362 8,763,973 - 33,635 9,906,970 10,259,848 Transfers out (note 3) (1,326,556) - (5,664,315) (3,099,852) (10,090,723) (10,453,243) Total other financing sources (u (217,194) 8,763,973 (5,664,315) (3,066,217) (183,753) 13,424,055 Net change in fund balances 309,876 (286,837) (5,571,154) (1,263,570) (6,811,685) 10,614,554 Fund balances at beginning of year, as restated (note 13) 22,353,626 268,317 5,719,861 8,030,278 36,372,082 25,757,528 Fund balances (deficit) at end of year $ 22,663,502 (18,520) 148,707 6,766,708 29,560,397 36,372,082 See accompanying notes to the basic financial statements 18 CITY OF DIAMOND BAR Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year ended June 30, 2004 Changes in fund balances of governmental funds $ (6,811,685) Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives as depreciation expense. This is the amount by which capital outlay exceeded depreciation in the current period. 6,423,134 Bond issuance costs, discounts and deferred charges are recorded as an expenditure in the governmental funds while full accrual requires the amortization of these costs over the life of the debt. (25,643) Compensated absences expense reported in the statement of activities does not require the use of current financial resources and therefore is not reported as expenditure in governmental funds. (23,889) Revenues that are measurable but not available. Amounts are recorded as deferred revenue under the modified accrual basis of accounting. 107,778 Internal service funds are used by management to charge the costs of certain activities, such as equipment management, to individual funds. The net revenues (expenses) of the internal service funds are reported with governmental activities. 205,879 Changes in net assets of governmental activities. $ (124,426) See accompanying notes to the basic financial statements. 19 CITY OF DIAMOND BAR Proprietary Funds Statement of Net Assets June 30, 2004 (With Comparative Data for Prior Year) Internal Service Funds Assets: 2004 2003 Current assets: Cash and investments (note 2) $ 1,675,452 1,511,807 Accounts receivable 159,476 91,718 Total current assets 1,834,928 1,603,525 Property, plant and equipment: Machinery and equipment 98,323 98,323 Less accumulated depreciation (66,794) (45,331) Net property, plant and equipment 31,529 52,992 Total assets 1,866,457 1,656,517 Liabilities: Current liabilities: Accounts payable 665 - Due to other funds (note 3) 3,396 - Total current liabilities 4,061 - Net assets: Invested in capital assets 31,529 52,992 Unrestricted 1,830,867 1,603,525 Total net assets $ 1,862,396 1,656,517 See accompanying notes to the basic financial statements. 20 CITY OF DIAMOND BAR Proprietary Funds Statement of Revenues, Expenses and Changes in Fund Net Assets Year ended June 30, 2004 (With Comparative Data for Prior Year) Operating revenues: Insurance deposits Total operating revenues $ 213,087 91,718 213,087 91,718 Operating expenses: Insurance premiums 183,752 162,064 Depreciation 215463 19,032 Maintenance 6,430 4,644 Total operating expenses Operating income (loss) Non-operating revenues: Investment income Total non-operating revenues 211,645 185,740 1,442 (94,022) 20,684 27,650 20,684 27,650 Income (loss) before transfers 22,126 (66,372) Transfers in (note 3) 183,753 193,395 Change in net assets 205,879 127,023 Total net assets at beginning of year 1,656,517 1,529,494 Total net assets at end of year $ 1,862,396 1,656,517 See accompanying notes to the basic financial statements. 21 CITY OF DIAMOND BAR Proprietary Funds Statement of Cash Flows Year ended June 30, 2004 (With Comparative Data for Prior Year) Internal Service Funds 2004 2003 Cash flows from operating activities: $ 145,329 72,838 Insurance deposits {183,752} (5,815) Insurance payments (2,369) (4,644} Cash paid for operating expenses Net cash provided by (used for) operating activities (40,792) 62,379 Cash flows from noncapital financing activities: Cash transferred from other funds 183,753 193,395 Net cash provided by noncapital financing activities 183,753 193,395 Cash flows from capital and related activities: _ (24,330) Purchase of capital assets Net cash provided by (used for) capital and related activities - (24,330) Cash flows from investing activities: 20,684 27,654 Interest received from investments Net cash provided by investing activities 20,684 27,650 Net increase in cash and cash equivalents 163,645 259,094 Cash and cash equivalents at beginning of year 1,511,807 1,252,713 Cash and cash equivalents at end of year $ 1,675,452 1,511,807 Reconciliation of net operating income (loss) to net cash provided by (used for) operating activities: $ 1,442 (94,022} Operating income (loss) Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation D 21,463 19,032 (Increase) decrease in accounts receivable (67,758) (18,880) (Increase) decrease in prepaid insurance - 156,249 Increase (decrease) in accounts payable 665 - Increase (decrease) in due to other funds 3,396 Net cash provided by (used for) operating activities $ (40,792) 62,379 Supplemental information: During the year ended June 30, 2004, there were no noncash investing, capital or financing activities. See accompanying notes to the basic financial statements. 22 Community Services The Community Services Division's programs, activities, and events help to strengthen the community's fabric, health and well-being, economic base, and security. Some of the Division's major programs/projects include: ♦ Diamond Bar Center ♦ Parks & Facilities ♦ Recreation Activities ♦ Senior Services Information ♦ Maintenance Programs ♦ Parks & Recreation Commission i� W 4_0 rz Z CITY OF DIAMOND BAR Notes to the Basic Financial Statements Year ended June 30, 2004 (1) Summary of Significant Accounting Policies The City of Diamond Bar (City) was incorporated April 18, 1989 under the general laws of the state of California and enjoys all the rights and privileges pertaining to such "General Law" cities. The City is a municipal corporation governed by an elected five - member council. The accounting policies of the City conform to generally accepted accounting principles. The following is a summary of the more significant policies. (a) Reporting Entity As required by generally accepted accounting principles, these financial statements present the City of Diamond Bar and its component units, entities for which the City is considered to be financially accountable. The City is considered to be financially accountable for an organization if the City appoints a voting majority of that organization's governing body and the City is able to impose its will on that organization or there is a potential for that organization to provide specific financial benefits to or impose specific financial burdens on the City. The City is also considered to be financially accountable for an organization if that organization is fiscally dependent (i.e., it is unable to adopt its budget, levy taxes, set rates or charges, or issue bonded debt without approval from the City). In certain cases, other organizations are included as component units if the nature and significance of their relationship with the City are such that their exclusion would cause the City's financial statements to be misleading or incomplete. A brief description of each component unit follows: The Diamond Bar Community Redevelopment Agency (Agency) was established February 6, 1996, pursuant to the State of California Health and Safety Code Section 33000 entitled, "Community Redevelopment Law." Although it is a legally separate entity from the City, the Agency is reported as if it were part of the City because of its purpose to prepare and execute plans for the improvement, rehabilitation and redevelopment of blighted areas within the territorial limits of the City. According to the California Supreme Court's decision on August 9, 2000, the Agency's Redevelopment plan was invalid. No activities were made during the year ended June 30, 2004. Accordingly, no financial statements of the Agency were issued. The Diamond Bar Public Financing Author it was formed on November 19, 2002. The purpose of the Diamond Bar Public Financing Authority is to issue debt to finance public improvements and other capital purchases for the City and the Community Redevelopment Agency. 23 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (1} Summary of Significant Accounting Policies, (Continued) (a) Reporting Entity, (Continued Since the City Council serves as the governing board for these component units, all of the City's component units are considered to be blended component units. Blended component units, although legally separate entities, are in substance, part of the City's operations and so data from these units are reported with the interfund data of the primary government. (b) Measurement Focus and Basis of Accounting The basic financial statements of the City are composed of the following: • Government -wide financial statements • Fund financial statements • Notes to the basic financial statements Financial reporting is based upon all GASB pronouncements, as well as the FASB Statements and Interpretations, APB Opinions, and Accounting Research Bulletins that were issued on or before November 30, 1989 that do not conflict with or contradict GASB pronouncements. FASB pronouncements issued after November 30, 1989 are not followed in preparation of the accompanying financial statements. Government -wide Financial Statements Government -wide financial statements display information about the reporting government as a whole, except for its fiduciary activities. These statements include separate columns for the governmental and business -type activities of the primary government (including its blended component units), as well as its discretely presented component units. The City of Diamond Bar has no business - type activities or discretely presented component units. Eliminations have been made in the Statement of Activities so that certain allocated expenses are recorded only once (by the function to which they were allocated). However, general government expenses have not been allocated as indirect expenses to the various functions of the City. 24 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 1 Summary of Significant Accounting Policies Continued (b) Measurement Focus and Basis of Accounting, Continued Government -wide financial statements are presented using the economic resources measurement focus and accrual basis of accounting. Under the economic resources measurement focus, all (both current and long-term) economic resources and obligations of the reporting government are reported in the government -wide financial statements. Basis of accounting refers to when revenues and expenses are recognized in the accounts and reported in the financial statements. Under the accrual basis of accounting, revenues, expenses, gains, losses, assets, and liabilities resulting from exchange and exchange -like transactions are recognized when the exchange takes place. Revenues, expenses, gains, losses, assets, and liabilities resulting from nonexchange transactions are recognized in accordance with the requirements of GASB Statement No. 33. Program revenues include charges for services and payments made by parties outside the reporting government's citizenry if that money is restricted to a particular program. Program revenues are netted with program expenses in the statement of activities to present the net cost of each program. Amounts paid to acquire capital assets are capitalized as assets in the government - wide financial statements, rather than reported as an expenditure. Proceeds of long-term debt are recorded as a liability in the government -wide financial statements, rather than as an other financing source. Amounts paid to reduce long- term indebtedness of the reporting government are reported as a reduction of the related liability, rather than as an expenditure. Fund Financial Statements The underlying accounting system of the City is organized and operated on the basis of separate funds, each of which is considered to be a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the primary government's governmental and proprietary funds are presented after the government -wide financial statements. These statements display information about major funds individually and non - major funds in the aggregate for governmental funds. The City does not have fiduciary funds. 25 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (b) Measurement Focus and Basis of Accounting, Continued Governmental Funds In the fiend financial statements, governmental funds are presented using the modified -accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Measurable means that the amounts can be estimated, or otherwise determined. Available means that the amounts were collected during the reporting period or soon enough thereafter to be available to finance the expenditures accrued for the reporting period. The City uses an availability period of sixty days. Property taxes, franchise taxes, licenses and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the government. Revenue recognition is subject to the measurable and availability criteria for the governmental funds in the fund financial statements. Exchange transactions are recognized as revenues in the period in which they are earned (i.e., the related goods or services are provided). Locally imposed derived tax revenues are recognized as revenues in the period in which the underlying exchange transaction upon which they are based takes place. Imposed nonexchange transactions are recognized as revenues in the period for which they were imposed. If the period of use is not specified, they are recognized as revenues when an enforceable legal claim to the revenues arises or when they are received, whichever occurs first. Government -mandated and voluntary nonexchange transactions are recognized as revenues when all applicable eligibility requirements have been met. In the fund financial statements, governmental funds are presented using the current financial resources measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. The reported fund balance (net current assets) is considered to be a measure of "available spendable resources." Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are said to present a summary of sources and uses of "available spendable resources" during a period. 26 (1) Summary of Significant Accounting Policies, (Continued) Measurement Focus and Basis of Accounting, Continued Non-current portions of long-term receivables due to governmental funds are reported on their balance sheets in spite of their spending measurement focus. Special reporting treatments are used to indicate, however, that they should not be considered "available spendable resources," since they do not represent net current assets. Recognition of governmental fund type revenues represented by noncurrent receivables are deferred until they become current receivables. Noncurrent portions of other long-term receivables are offset by fund balance reserve accounts. Because of their spending measurement focus, expenditure recognition for governmental fund types excludes amounts represented by noncurrent liabilities. Since they do not affect net current assets, such long-term amounts are not recognized as governmental fund type expenditures or fund liabilities. Amounts expended to acquire capital assets are recorded as expenditures in the year that resources were expended, rather than as fund assets. The proceeds of long-term debt are recorded as an other financing sources rather than as a fund liability. Amounts paid to reduce long-term indebtedness are reported as fund expenditures. When both restricted and unrestricted resources are combined in a fund, expenses are considered to be paid first from restricted resources, and then from unrestricted resources. Pronrietary Funds The City's internal service funds are proprietary funds. In the fund financial statements, proprietary funds are presented using the accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when the related goods or services are delivered. In the fund financial statements, proprietary funds are presented using the economic resources measurement focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their activity are included on their balance sheets. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in total net assets. 27 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 1 sun-imM of Significant Accounting Policies Continued (b) Measurement Focus and Basis of Accounting, Continued Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the City's internal service funds are charges to customers for sales and services. Operating expenses for internal service funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as noncapital revenues and expenses. Amounts paid to acquire capital assets are capitalized as assets in the internal service fund financial statements, rather than reported as an expenditure. Proceeds of long-term debt are recorded as a liability in the internal service fund financial statements, rather than as an other financing source. Amounts paid to reduce long- term indebtedness of the internal service fund are reported as a reduction of the related liability, rather than as an expenditure. (c) Major Governmental Funds and Internal Service Fund Types The City's major governmental funds are as follows: General Fund — The primary fund of the City is used to account for all revenue and expenditures of the City not legally restricted as to use. A broad range of municipal activities are provided through this fund including City Manager, City Attorney, Finance, City Cleric, Public Works, Building and Safety and Parks and Recreation. Capital Improvement Fund — To account for the costs of constructing street improvements, park improvements, and other public improvements not normally included within the other Capital Projects funds. Financing is provided by developer fees and interfund transfers from the Special Revenue Funds and the General Fund. Public Financing Authority Capital Pro' ect Fund — To account for the financing of public improvements and other capital purchases for the City. 28 CITY OF DIAMOND BAR Notes to the Basic financial Statements (Continued) {1) Summary of Significant Accounting Policies, (Continued) (c) Major Governmental funds and Internal Service Fund Types, Continued Other fund types of the City are as follows: Internal Service Funds: Self -Insurance Fund — To account for payments made for the City's general liability insurance premium. Equipment Re lacement Fund — To account for the replacement of the City's rolling equipment stock or vehicles. Computer Replacement Fund — To account for the replacement and/or enhancements of the City's computer-related equipment. (d) Explanation of ,unds Balance Sheet and the The "total fund balances" of the City's governmental funds $29,560,397 differs from "net assets" of governmental activities $40,307,154 reported in the statement of net assets. This difference primarily results from the long-term economic focus of the statement of net assets versus the spending measurement focus of the governmental balance sheets. Capital Related Items When capital assets that are to be used in governmental activities are purchased or constructed, the cost of those assets are reported as expenditures in governmental funds. However, the statement of net assets includes those capital assets among the assets of the City as a whole. Cost of capital assets $24,798,657 Accumulated depreciation (3,419,109) Total capital assets, net $21,379,548 29 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (d) Explanation of Differences between Governmental Funds Balance Sheet the Long -Term Liabilities Transactions Long-term liabilities applicable to the City's governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities. All liabilities (both current and long-term) are reported in the statement of net assets. Bonds payable $13,755,000 Compensated absences payable _ 215,531 13,970,531 Deferred Revenue Because the focus of governmental funds is on short term financing, some assets will not be available to pay for current period expenditures. Those assets are offset by deferred revenue in governmental funds, and thus are not included in fund balances. Deferred revenue eliminated $731,687 internal Service Fund Internal service funds are used by management to charge the costs of certain activities, such as equipment management, to individual funds. The assets and liabilities of the internal service funds are included in governmental activities in the statement of net assets. Net assets added $1,862,396 Bond Costs Costs of issuance, discounts and deferred charges of new debt are expensed in the governmental funds. Under full accrual, these costs must be deferred and amortized over the life of the debt. Issuance costs Discount 30 $610,692 132,965 7�1$ 3,657 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 1 Summary of Significant Accounting Policies Continued (d) Explanation of Differences Reclassifications and Eliminations Governmental Funds Balance Sheet and the Interfund balances must generally be eliminated in the governmental statements, except for residual amounts due between governmental activities. Any allocations must reduce the expenses of the function from which the expenses are being allocated, so that the expenses are reported only once in the function in which they are allocated. 31 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, Contiued (d) Expltion of Dif erences etween overninental Funds Balance eet d the Statement of Net Assets. (Continued) Total Capital Long-term Governmental Related Debt Funds Items Transactions Assets: Cash and investments Cash and investments with fiscal agent Accounts receivable, net Interest receivable Due from other funds Due from other governments Notes receivable Unamortized issuance costs Capital assets, net Total assets Liabilities: Accounts payable Accrued payroll Deposits Due to other funds Deferred revenue Retentions payable Advance to other governments Compensated absences payable Bonds payable, net of discount Total liabilities Fund balances/net assets Total liabilities and fund balances/net assets $ 30,359,004 - - 653,680 - 292,579 - - 111,215 - - 967,372 - 1,813,075 - 88,585 - - - 610,692 - 21,379,548 - $ 34,285,510 21,379,548 610,692 $ 1,608,310 - - 262,221 - - 1,019,458 - - 963,976 - - 731,687 - - 50,846 - - 88,585 - - 13,622,035 A �7%Z11 1 2till Nle% 29,560,397 21,379,548 (13,011,343) $ 34,285,510 21,379,548 610,692 32 Compensated Absences Payable Reclassifications Government -wide and Financial Eliminations Statements 1,866,457 (967,372) 57,174,835 665 - 1,608,975 - - 262,221 - - 1,019,488 3,396 (967,372) - (731,687) - - - - 50,846 - 88,585 215,531 - - - 21.5,531 - _ _ - 13,622,035 215,531 (731,687) 4,061 (967,372) 16,867,681 (215,531) 731,687 1,862,396 - 40,307,154 - 1,866,457 (967,372) 57,174,835 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continues (e) Explanation of Difference between Governmental Funds Operating Statements and the Rtntement of Activities The "net changes in fund balances" for governmental funds of $(6,811,685) differs from the "changes in net assets" for the governmental activities of $(124,426) reported in the statement of activities. The differences arise primarily from the long term economic focus of the statement of activities versus the current financial resources focus of the governmental funds. The effects of the differences is illustrated below. Capital Related Items When capital assets (land, buildings, equipment) that are to be used in governmental activities are purchased or constructed, the cost of those assets are reported as expenditures in governmental funds. However, in the statement of activities, the cost of those assets is allocated over their useful lives and reported as depreciation expense. As a result, fund balance increases by the amount of financial resources expended, whereas net assets decrease by the amounts of depreciation expense charged for the year. Capital outlay Depreciation expense $6,967,306 (523,803) $6,443,503 The change in net assets differs from the change in fund balance by the net loss on disposition of capital assets. $20,369 Long-term Debt Transactions Some expenses reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds. Net change in compensated absences $23,889 Bond issuance costs and deferred charges are reported as an expenditure in governmental funds and, thus, has the effect of reducing the fund balance because current financial resources have been used. Bond issuance costs and deferred charges $25,643 34 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 1 Summ of Si nificant Accountin Policies Continued (e) Deferred Revenue Because the focus of governmental funds is on short term financing, some assets will not be available to pay for current period expenditures. Those assets are offset by deferred revenue in governmental funds, and thus are not included as revenues. $107,778 Internal Service Fund Internal service funds are used by management to charge the costs of certain activities, such as equipment management, to individual funds. The adjustments for internal service funds "closes" those funds by charging additional amounts to participating governmental activities to completely cover the internal service fund's cost for the year. $205,879 Reclassifications and Eliminations Interfund balances must generally be eliminated in the governmental statements, except for residual amounts due between governmental activities. Any allocations must reduce the expenses of the function from which the expenses are being allocated, so that expenses are reported only once — in the function in which they are allocated. 35 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 1 summarv..of SiQnificant Accounting Policies, C nti ued (e) Explanation of Differences between Governmental Funds Operating tatement and the Statement of Net Assets, (Contip-u-ed) 44,994 - Total Capital Long-term 18,644 Governmental Related Debt 1,365,737 Funds Items Transactions Revenues: 3,419,856 6,699 Taxes $ 7,759,331 - - Special assessments 555,232 - - Intergovernmental 6,3 53,152 - - Charges for services 709,011 - - Fines and forfeitures 733,903 - - Licenses, permits and fees 1,457,345 - - Investment income 395,929 - - Other 234,951 (20,369) - Total revenues 18,198,854 (20,369) - Expenditures: Current: General government 3,663,055 44,994 - Public safety 4,857,179 18,644 - Highways and Streets 1,365,737 - - Community development 3,419,856 6,699 - Parks, recreation and cutlure 2,114,090 453,466 Capital outlay 9,261,289 (6,967,306) - Debt service: Interest charges 145,580 - - - - 25,643 Fiscal charges Total expenditures 24,826,786 (6,443,503) 25,643 Other financing sources (uses): Transfers in 9,906,970 - - Transfers out (10,090,723} - - Total other financing sources (uses) (183,753) - Net change in fund balances/net assets (6,811,685) 6,423,134 (25,643) Fund balances/net assets at beginning of year, as restated 36,372,082 14,956,414 (12,985,700) Fund balances/net assets at end of year $ 29,560,397 21,379,548 (13,011,343) 36 Compensated Certain Absences Deferred Payable Revenue 107,778 107,778 Internal Reclassifications Government -wide Service and Financial Funds Eliminations Statements - - 7,759,331 - - 555,232 - - 6,460,930 - - 709,011 - - 733,903 - - 1,457,345 20,684 - 416,613 214,582 20,684 - 18,306,947 6,923 - (1,442) - 3,713,530 - 4,875,823 - 1,365,737 4,068 - - - 3,430,623 12,898 - - - 2,580,454 - _ - - 2,293,983 145,580 _ _ _ - 25,643 23,889 - (1,442) - 18,431,373 - - 183,753 (10,090,723) - _ - - 10,090,723 - - - 183,753 - - (23,889) 107,778 205,879 - (124,426) (191,642) 623,909 1,656,517 - 40,431,580 (215,531) 731,687 1,862,396 - 40,307,154 37 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 1 Summ of Si nificant Accounting Policies Continued (f) Investments For financial reporting purposes, investments are adjusted to their fair value whenever the difference between fair market value and the carrying amount is material. Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value, and any gains or losses realized upon the liquidation or sale of investments. The City pools cash and investments of all funds, except for assets held by fiscal agents. Each fund's share in this pool is displayed in the accompanying financial statements as cash and investments. Investment income earned by the pooled investments is allocated to the various funds based on each fund's average cash and investment balances. (g) Cash Equivalents For purposes of the statement of cash flows, cash equivalents are defined as short- term, highly liquid investments that are both readily convertible to known amounts of cash or so near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Cash equivalents also represent the proprietary funds' share in the cash and investment pool of the City of Diamond Bar. Cash equivalents have an original maturity date of three months or less from the date of purchase. For purposes of the statement of cash flows, the entire balance of cash and investments on the combined balance sheet for the internal service fund is considered cash and cash equivalents. (h) Capital Assets Capital assets are recorded at cost where historical records are available and at an estimated historical cost where no historical records exist. Contributed capital assets are valued at their estimated fair market value at the date of the contribution. Generally, capital asset purchases in excess of $1,500 are capitalized if they have an expected useful life of three years or more. The straight-line method is used for depreciation. 38 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (h) Capital Assets, (Continued) Capital assets include additions to public domain (infrastructure) general fixed assets consisting of certain improvements including roads, streets, sidewalks, medians and storm drains. Public domain assets acquired prior to July 1, 2002 have not been included in the accompanying financial statements. The City expects to value and record all infrastructure asset data in its entirety by fiscal year ended June 30, 2007. The following schedule summarizes fixed asset useful lives: Buildings and improvements 10-20 years Equipment and furniture 3-5 years Vehicles 5 years Infrastructure 10-50 years (i) Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary control in the governmental funds. Encumbrances outstanding at year- end do not constitute expenditures or liabilities, but are reported as reservations of fiord balance. 0) Compensated Absences Vacation and sick leave time begin to accumulate as of the first day of employment to a maximum of 160 hours. Employees who accumulate sick leave in excess of 160 hours are paid for the excess annually at one half the employee's. current wage rate. In accordance with GASB Statement No. 16, a liability is recorded for unused vacation and similar compensatory leave balances since the employees' entitlement to these balances are attributable to services already rendered and it is probable that virtually all of these balances will be liquidated by either paid time off or payments upon termination or retirement. 39 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) 0) Compensated Absences Continued Under GASB Statement No. 16 a liability is recorded for unused sick leave balances only to the extent that it is probable that the unused balances will result in termination payments. This is estimated by including in the liability the unused balances of employees currently entitled to receive termination payment, as well as those who are expected to become eligible to receive termination benefits as a result of continuing their employment with the City. If an employee terminates with a minimum of one year of service, the employee is entitled to receive 10% of the value of his unused sick leave. The percentage increases to 50% for two to three years of service and 100% of the value of his unused sick leave upon the completion of more than three years of continuous employment. (k) Pro ert Taxes Under California law, property taxes are assessed and collected by the counties up to 1% of assessed value, plus other increases approved by the voters. The property taxes go into a pool, and are then allocated to the cities based on complex formulas. Accordingly, the City of Diamond Bar accrues only those taxes which are received from the county within 60 days after year-end: Lien date Levy date Due dates Delinquent dates (1) Use of Estimates March 1 July 1 November 1 and February 1 December 11 and April 11 The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting year. Actual results could differ from those estimates. (m) Prior Year Data The information included in the accompanying financial statements for the prior year has been presented for comparison purposes only and does not represent a complete presentation in accordance with generally accepted accounting principles. 40 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 2 Cash and Investments Cash and investments are reported as follows: Statement of Net Assets: Cash and investments $32,034,456 Cash and investments with fiscal agent 653,680 $32,688,136 Cash and investments consist of the following at June 30, 2004: Cash and investments: $ 600 Imprest cash on hand Demand deposits 777,332 Money market mutual funds 166,281 Local Agency Investment Fund 31,596,803 Mutual funds 147,120 Total $32.6886 The City is generally authorized under Section 53601 of the California Government Code and the City's investment policy to invest in demand deposits with financial institutions; passbook savings accounts; certificates of deposit; negotiable certificates of deposits; banker's acceptances; U.S. Treasury issues; Federal agency securities; commercial paper; repurchase agreements (repos); Local Agency Investment Fund (LAIF) of the State of California; medium term corporate notes; and money market funds. Deposits Under the California Government Code, a financial institution is required to secure deposits made by state or local governmental units by pledging securities held in the forme of an undivided collateral pool. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. 41 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 2 Cash and Investments Continued Deposits of cities and other state or local governments are classified in three categories to give an indication of the level of custodial risk assumed by the entity. Category 1 includes deposits that are insured or collateralized with securities held by the City or its agent in the City's name. Category 2 includes deposits collateralized with securities held by the pledging financial institution's trust department or agent in the City's name. Category 2 also includes deposits collateralized by an interest in an undivided collateral pool held by an authorized Agent of Depository and subject to certain regulatory requirements under State law. Category 3 includes deposits collateralized with securities held by the pledging financial institution, or by its trust department or agent but not in the City's name. Category 3 also includes any uncollateralized deposits. Deposits are categorized as follows: Form of Deposit Deposits held by City: Demand deposits Deposits held by fiscal agent: Demand deposits Total deposits Investments Category 1 2 3 $100,000 114,254 100,000 406,560 $200,000 520.814 - Bank Book Balance Balance 214,254 270,772 506,560 506,560 720.814 777,332 Investments of cities and other state or local governments are classified in three categories to give an indication of the level of custodial risk assumed by the entity at year-end. Category 1 includes investments that are insured or registered or for which the securities are held by the City or the City's custodial agent (which must be a different institution other than the party through which the City purchased the securities) in the City's name. Investments held "in the City's name" include securities held in a separate custodial or fiduciary account and identified as owned by the City in the custodian's internal accounting records. Category 2 includes uninsured and unregistered investments for which the securities are held by the dealer's agent in the City's name (or by the trust department of the dealer if the dealer was a financial institution and another department of the institution purchased the securities for the City). Category 3 includes uninsured and unregistered investments for which the securities are held by the dealer's agent but not in the City's name. Category 3 also includes all securities held by the broker-dealer agent of the City (the parry that purchased the securities for the City) regardless of whether or not the securities are being held in the City's name: 42 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (2) Cash and Investments, (Continued) Category Form of Investment 1 2 3 Investments held by City not subject to categorization: Investment in State Investment Pool - LAIF Money market mutual funds Investments held by fiscal agents not subject to categorization: Mutual funds Total investments Carrying Amount $31,596,803 166,281 147,120 $31,910,204 The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. The fair value of the City's investment in this pool is reported in the accompanying financial statements at amounts based upon the City's pro - rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Included in LAIF's investment portfolio are collateralized mortgage obligations, mortgage-backed securities, other asset-backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government-sponsored enterprises, and corporations. (3) Interfund Receivables, Payables and Transfers Current interfund receivables and payables balances at June 30, 2004 were as follows: Due from other funds Due to other funds Amount General Fund Non -Major Governmental Funds $ 14,890 (A) Capital Improvement Fund 321,671 (A) Internal Service Funds 3,396 (A) Capital Improvement Fund Non -Major Governmental Funds (A) Short-term borrowing to cover temporary cash shortfalls. (B) Short-term borrowing to cover construction project expenditures. 43 627,415 (B) 967 372 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (3) Interfund Receivables, Payable and Transfers, (Continued Transfers in and out for the year ended June 30, 2004 were as follows: Transfers In Transfers Out General Fund Non -Major Governmental Funds Capital Improvement Fund General Fund Public Financing Authority Capital Project Fund Non -Major Governmental Funds Non-MaJor Governmental Funds Public,Financing Authority Amount $ 1,109,362 (C) 1,142,803 (A) 5,630,680 (B) 1,990,490 (C) Capital Project Fund 33,635 Internal Service Funds General Fund 183,753 $10,090,723 (A) To provide capital projects funds with the funding necessary to accomplish those projects approved by the City Council. (B) To transfer the bond proceeds for the Community/Senior Center project. (C) To transfer the fundings for reimbursement of various capital projects. 44 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (4) Capital Assets Capital asset activity for governmental activities for the year ended June 30, 2004 was as follows: Capital assets being depreciated: Building and improvements Furniture and fixtures Vehicles and equipment Total cost of depreciable assets Less accumulated depreciation for: Buildings and improvements Furniture and fixtures Vehicles and equipment Total accumulated depreciation Net depreciable assets Capital assets not depreciated: Land Construction in progress Total capital assets, not depreciated Capital assets, net Balance at 444,371 Balance at June 30, 2003 Additions Deletions June 30, 2004 $ 4,430,820 14,062,338 - 18,493,158 62,963 - - 62,963 1,112,651 178,041 20_2,298 11 088,394 5,606,434 L4,240,379 202,298 19,644,515 2,285,904 444,371 - 2,730,275 38,750 20,326 - 59,076 797,912 80 569 181,929 696,552 3,122,566 545,266 181,929 3,485,903 2,483,868 13,695,113 20,369 16,158,612 5,252,465 - - 5,252,465 7,273,073 - 7,273,073 - 12,525,538 - 7,273,073 52,465 15,009,406 13,695,113 7,293,442 21 411 45 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 4 Capital Assets Continued Depreciation expense was charged in the following functions in the Statement of Activities: General government $ 66,457 Public safety 18,644 Community development 6,699 Parks, recreation and culture 453,466 Total $545,266 I 5 Long-term Liabilities Changes in long-term liabilities during the year ended June 30, 2004 were as follows: Governmental activities: Amount Due Amount Due Balance at Balance at Within One Beyond One July 1, 2003 Additions Retirements June 30, 2004 Year Year Bonds payable: Revenue bonds $13,755,000 - - 13,755,000 235,000 13,520,000 Unamortized discount (137,550) 4,585 - (132,965) - (132,965) Compensated absences 191,642 230,828 206,939 215,531 71,844 143,687 $13.809.042 2Z3�4 306,944 130,72 Bonds Payable In December 2002, the Diamond Bar Public Financing Authority issued $13,755,000 of 2002 Series A Variable Rate Lease Revenue Bonds to finance the construction of a community/senior center project and other public improvements within the City. The bonds are special limited obligations of the Authority payable solely from revenues, consisting primarily of base rental payments paid by the City. The City purchased a 10 year 4.5% interest rate cap. After ten years, the interest rate will be set at the market rate. As of June 30, 2004, $13,755,000 of the bonds are outstanding. 46 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 5 Long-term Liabilities Continued Debt Service Requirements to Maturity The following schedule summarizes the debt service to maturity requirements for governmental activities bonds outstanding as of June 30, 2004: Compensated Absences The City's policies relating to compensated absences are described in Note 1. This liability, amounting to $215,531 at June 30, 2004 is expected to be paid in future years from future resources, typically liquidated from the General Fund. 6 Postern to ment Benefits The City does not provide postemployment benefits (other than pension benefits) for its employees. 47 2002 Series A Variable Rate Lease Year ending Revenue Bonds June 30Pri_ nci�al Interest 2005 $ 235,000 10,575 2006 240,000 10,800 2007 255,000 11,475 2008 265,000 11,925 2009 280,000 12,600 2010-2014 1,600,000 72,000 2015-2019 2,010,000 90,450 2020-2024 2,535,000 114,575 2025-2029 3,195,000 143,775 2030-2033 3,1402000 141,300 $13.755,000 618.975 Compensated Absences The City's policies relating to compensated absences are described in Note 1. This liability, amounting to $215,531 at June 30, 2004 is expected to be paid in future years from future resources, typically liquidated from the General Fund. 6 Postern to ment Benefits The City does not provide postemployment benefits (other than pension benefits) for its employees. 47 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (7) Liability Property and Workers' Compensation Protection The City is a member of the California Joint Powers Insurance Authority (Authority). The Authority is composed of 91 California public entities and is organized under a joint powers agreement pursuant to California Government Code Section 6500 et seq. The purpose of the Authority is to arrange and administer programs for the pooling of self- insured losses, to purchase excess insurance or reinsurance, and to arrange for group - purchased insurance for property and other coverages. The Authority's pool began covering claims of its members in 1978. Each member government has an elected official as its representative on the Board of Directors. The Board operates through a 9 -member Executive Committee. a Self -Insurance Programs of the Authority General Liabili� The City pays a primary deposit to cover estimated losses for a fiscal year (claims year). Six months after the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. Costs are spread to members as follows: the first $30,000 of each occurrence is charged directly to the City; costs from $30,001 to $750,000 are pooled based on a member's share of costs under $30,000; costs from $750,001 to $5,000,000 are pooled based on payroll. Costs of covered claims above $5,000,000 are currently paid by reinsurance. The protection for the City is $50,000,000 per occurrence and $50,000,000 annual aggregate. Workers' Compensation The City participates in the workers' compensation pool administered by the Authority. Pool deposits and retrospective adjustments are valued in a manner similar to the General Liability pool. The City is charged for the first $50,000 of each claim. Costs are pooled above that level to $50,000. Costs from $50,001 to $100,000 per claim are pooled based on the member's losses under its retention level. Costs between $100,001 and $2,000,000 per claim are pooled based on payroll. Costs between $2,000,000 and $5,000,000 are paid by excess insurance purchased by the Authority. Costs in excess of $5,000,000 are pooled by the members based on payroll. 48 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 7 Liability, Property and Workers' Compensation Protection Continued a Self -Insurance Programs of the Authority, Continued Pronertv Insurance The City participates in the all-risk property protection program of the Authority. This insurance protection is underwritten by several insurance companies. The City's property is currently insured according to a schedule of covered property submitted by the City to the Authority. Total all-risk property insurance coverage is $100,000,000 per occurrence. There is a $5,000 per loss deductible. Premiums for the coverage are paid annually and are not subject to retroactive adjustments. Environmental Liability The City participates in the pollution legal liability and remediation legal liability insurance which is available through the Authority. This policy covers sudden and gradual pollution of scheduled property, streets, and storm drains owned by the City. Coverage is on a claims -made basis. There is a $50,000 deductible. The Authority has a limit of $120,000,000 for the 3 -year period from July 1, 2002 through June 30, 2005. Each member of the Authority has a $10,000,000 limit during the 3 -year term of the policy. Fidelity Bonds The City participates in the Blanket Fidelity Bond issued by the Authority to protect the City from employee dishonesty, faithful performance, depositor's forgery, computer fraud, crime -money and securities. This bond covers all employees, the Treasurer, City Clerk and/or Tax Collector and any employee required by law to be individually bonded. The bond's limit is $1,000,000 and the deductible is $2,500 per occurrence. (b) Adequacy of Protection During the past three fiscal (claims) years none of the above programs of protection have had settlements or judgments that exceeded pooled or insured coverage. There have been no significant reductions in pooled or insured liability coverage from coverage in the prior year. There were no significant outstanding claims at June 30, 2004. 49 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 8 Fund Deficits At June 30, 2004, the following funds had deficit balances: Amount Capital Improvement Capital Projects $ 18,520 (A) ISTEA 559,870 (B) Community Development Block Grant 124,561 (C) (A) The deficit will be funded with various government grants in future years. (B) The deficit will be reimbursed through the California Department of Transportation. (C) The deficit will be funded by future year allocations from Los Angeles County. 9 Expenditures in Excess of Appropriations Expenditures for the year ended June 30, 2004 exceeded the appropriations of the following fundsldepartinents: Bud Actual Variance Debt Service: Public Financing Authority $ - Capital Projects: Public Financing Authority - 147,069 (147,069) 25 (25) (10) Pension Plan The City of Diamond Bar contributes to the California Public Employees Retirement System (PERS), an agent multiple -employer public employee defined benefit pension plan. PERS provides retirement, disability benefits, and death benefits to plan members and beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of California. Copies of PERS' annual financial report may be obtained from its executive office at 400 "P" Street, Sacramento, California 95814. 50 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 10 Pension Plan Continued Participants are required to contribute 7% of their annual covered salary. The City makes the contributions required of City employees on their behalf and for their account. Benefit provisions and all other requirements are established by state statute and city contract with employee bargaining groups. Under GASB 27, the City reports an annual pension cost (APC) equal to the annual required contribution (ARC) plus an adjustment for the cumulative difference between the APC and the employer's actual plan contributions for the year. The cumulative difference is called the "net pension obligation (NPO)." The ARC for the period July 1, 2003 to June 30, 2004 has been determined by an actuarial valuation of the plan as of June 30, 2001. The contribution rate indicated for the period is 5.696% of payroll for the Retirement Program. In order to calculate the dollar value of the ARC for inclusion in financial statements prepared as of June 30, 2004, this contribution rate, as modified by any amendments for the year, would be multiplied by the payroll of covered employees that was actually paid during the period July 1, 2003 to June 30, 2004. The employer and the employer's auditor are responsible for determining the NPO and the APC. A summary of principle assumptions and methods used to determine the ARC is shown below. Valuation Date Actuarial Cost Method Amortization Method Average Remaining Pool Asset Valuation Method Actuarial Assumptions: Investment Rate of Return Projected Salary Increases Inflation Payroll Growth Individual Salary Growth Retirement Program 51 June 30, 2001 Entry Age Actuarial Cost Method Level Percent of Payroll 16 Years as of the Valuation Date 3 Year Smoothed Market 8.25% (net of administrative expenses) 3.75% to 14.20% depending on Age, Service, and type of employment 3.50% 3.75% A merit scale varying by duration of employment coupled with an assumed annual inflation component of 3.50% and an annual production growth of 0.25% CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) (10) Pension Plan, (Continued Initial unfunded liabilities are amortized over a closed period that depends on the plan's date of entry into CalPERS. Subsequent plan amendments are amortized as a level percentage of pay over a closed 20 -year period. Gains and losses that occur in the operation of the plan are amortized over a rolling period, which results in an amortization of 10% of unamortized gains and losses each year. If the plan's accrued liability exceeds the actuarial value of plan assets, then the amortization payment on the total unfunded liability may not be lower than the payment calculated over a 30 year amortization period. For the miscellaneous plan, the unfunded actuarial liability is amortized over a period ending June 30, 2019. Police and fire protection services are contracted services from outside agencies. Accordingly, no contribution is required for police and fire protection services. The Schedule of Funding Progress below shows the recent history of the actuarial value of assets, actuarial accrued liability, their relationship, and the relationship of the unfunded actuarial liability to payroll. The most recent PERS information is not available. 52 Required Supplementary Information — Miscellaneous Actuarial Unfunded Annual URAL Entry Age Normal Value Liability/ Funded Covered As a % of Valuation Date Accrued Liabili of Assets (Excess Assets) Status Payroll Payroll 6/30/00 $2,587,205 $3,255,428 $(688,223) 125.8% $1,867,943 (35.773%) 6/30/01 2,999,675 3,606,037 (606,362) 120.2% 2,110,121 (28.7%) 6130/02 3,602,219 3,682,236 (80,017) 102.2% 2,078,905 (3.8%) Miscellaneous Employees Three -Year Trend Information Fiscal Annual Pension Cost Percentage of Net Pension Year (employer contribution APC Contributed Obl_i a$ tion 6/30/02 $ 85,696 100% $0 6/30/03 100,464 100% 0 6/30104 134,451 100% 0 52 CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 11 Contingencies The City is presently involved in other matters of litigation that have arisen in the normal course of the City's business. City management believes, based upon consultation with the City Attorney, that these cases, in the aggregate, are not expected to have a material adverse financial impact on the City. (12) Commitments SIGMA -Internet Inc. (SIGMAnet In May 2002, the City entered into an agreement with SIGMAnet. Under this agreement, for a period of three years commencing with the first quarter of calendar year 2002 and ending with the fourth quarter of year 2004, the City shall pay to SIGMAnet, each half- year period that the City receives tax receipts from sales generated by SIGMAnet in excess of $100,000, an amount each half-year period equal to 45% for the two half-year periods during 2002 and 50% for the four half-year periods in 2003 and 2004, of all sales tax receipts generated by SIGMAnet and remitted to the City by the State Board of Equalization. (13) Prior Period Adjustments The accompanying financial statements reflect several reclassifications and adjustments which resulted in a restatement of beginning fund balances of the Proposition A and C Transit Funds. The prior period adjustment had no effect on the fund balances in total. The following schedule summarizes the effect of the prior period adjustments to the opening fund balances as of June 30, 2004: Fund balances at beginning of year, as previously reported (a) Adjustment to properly reflect revenues previously recognized in prior year Fund balances at beginning of year, as restated 53 Non -Major Governmental Funds Proposition A Proposition C Transit Transit $1,396,233 1,267,613 68,8516( 8,851) $1,465,084 11 1 i CITY OF DIAMOND BAR Notes to the Basic Financial Statements (Continued) 14 Construction Commitments $ 261,860 2006 The following material construction commitments existed at June 30, 2004: 256,880 Expenditures as of Remaining Project Name June 30 2004 Commitments Golden Springs/Grand Improvements $ 349,116 14,061,426 15,170 45,466 Community/Senior Center 1,044,720 102,553 Traffic lights improvements Sycamore Canyon improvements 216,220 79,399 15 O eratin Leases The City leases building and office facilities under noncancelable operating leases. The total costs for such leases were $247,187 for the year ended June 30, 2004. The future minimum lease payments for the lease of building and office facilities are as follows: Year ending June 30 2005 $ 261,860 2006 254,457 2007 256,880 2008 261,727 2009 264,151 2010-2011 537,995 Total 1 8� 54 saDinaas uoipadsui pue'aauenssi Iiwaad'Iaaga ueld AjajeS pue Suipj!ng aoj sapInoad uoisinia sigl 'sapoa pajejaa iaglo pue apoD Suipling aqi jo juawaaaojua aqj ySnoagi 41ajes pue glleaq ai lqnd jo uoilaaIoad aqj aoj alysuodsai si uoIsini❑ Aja}es pue Suipltng aql Ajag,S V Suippit •Juawuoainua ajes pue Inpineaq e ui Aeld pue Jaonn `anis of anuiluoa sassawsnq pue sluopisaa s aeg puoweiQ jo Alii aqj aeq; aansua of uoisiniQ AjajeS pue 2uipling aqi ql!m Alasop slaom osje uoisinIa Juawdojanaa A;iunwwoD aql -Suiuoz pue '4uawanoadwi pooyogg2Eau 'sall!AlIae aaueuajuiew/uoi}anajsuoa SIAOM ailgnd pue Suuaaui2ua `.saginilae juawdoIanap aiwouoaa '.uoijeajsiuiwpe asn puel pue Suiuueld Ao} ajgisuodsaa si uoisiniQ juawdolana4 Al!unwwoD s,aeg puoweiQ Jo AID aql 4uawdojanaQ A4!unmwo:) REQUIRED SUPPLEMENTARY INFORMATION 55 GENERAL FUND General Fund — This fund has been classified as a major find and is used to account for resources traditionally associated with government which are not required legally or by sound financial management to be accounted for in another fund. Wei CITY OF DIAMOND BAR Notes to Required Supplementary Information Year ended June 30, 2004 1 Bud ,tary Control and Accounting The City adheres to the following general procedures in establishing its annual budget, which is reflected in the accompanying basic financial statements: • The annual budget adopted by the City Council provides for the general operations of the City. It includes proposed expenditures and the means of financing them. Budgeted appropriations lapse at the end of the year. • The City Council approves total budgeted appropriations and amendments to appropriations throughout the year. The City Council must approve budget appropriation transfers between departments within a fund. The departments of the General Fund are considered to be departments for purposes of this requirement. Actual expenditures may not legally exceed budgeted appropriations at the fund level. • Annual budgets are adopted for all Governmental Fund Types on a basis substantially consistent with Generally Accepted Accounting Principles (GAAP). • The budgetary information shown for revenues and expenditures represents the original adopted budget adjusted for any changes made by the City Council. For the year ended June 30, 2004, supplemental appropriations in the amount of $4,952,953 were made. • Formal budgetary information is employed as a management control device. Commitments for materials and services, such as purchase orders and contracts are recorded during the year as encumbrances to assist in controlling expenditures. Appropriations which are encumbered at year end lapse, and then are added to the following year's budgeted appropriations. However, encumbrances at year-end are reported as reservations of fund balance. 2 Ex enditures in Excess of Appropriations There were no expenditures exceeding appropriations in the General Fund departments for the year ended June 30, 2004. 57 CITY OF DIAMOND BAR General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 2004 2003 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Actual Revenues: Taxes $ 7,190,000 7,340,000 7,759,331 419,331 7,432,575 Intergovernmental 3,151,500 3,065,480 3,001,461 (64,019) 3,463,241 Fines and forfeitures 612,000 662,000 733,903 71,903 813,617 Licenses, permits and fees 2,219,981 2,144,310 1,457,345 (686,965) 1,466,557 Investment income 400,000 350,000 182,068 (167,932) 439,455 Other 83,700 116,700 225,656 108,956 74,805 Total revenues 13,657,181 13,678,490 13,359,764 (318,726) 13,690,250 Expenditures: General government: City Council 150,450 167,020 158,224 8,796 146,567 City Manager 577,025 589,330 567,445 21,885 502,914 City Clerk 304,670 304,543 255,900 48,643 217,374 City Attorney 120,000 109,000 88,709 20,291 66,942 Finance 347,050 354,900 349,172 5,728 304,092 Human resources 117,300 176,800 143,702 33,098 100,753 Information systems 145,940 228,940 223,301 5,639 208,040 General government 678,995 1,126,334 1,041,019 85,315 826,290 Public information 420,410 441,654 408,377 33,277 350,954 Planning 437,850 445,050 425,692 19,358 438,517 Public safety: Law enforcement 4,454,750 4,457,750 4,297,019 160,731 4,256,945 Fire protection 7,360 7,360 7,359 1 7,359 Animal control 94,500 90,500 79,525 10,975 79,044 Emergency preparedness 11,410 72,410 47,777 24,633 7,188 Building and safety 415,000 435,990 389,618 46,372 419,932 Community development 2,429,920 2,868,776 2,235,765 633,011 1,873,428 Parks, recreation and culture 2,259,770 2,330,780 2,114,090 216,690 1,946,025 Total expenditures 12,972,400 14,207,137 12,832,694 1,374,443 11,752,364 Excess (deficiency) of revenues over (under) expenditures 684,781 (528,647) 527,070 1,055,717 1,937,886 Other financing sources (uses): Transfers in 1,141,360 1,221,630 1,109,362 (112,268) 1,029,617 Transfers out (2,009,120) (2,585,359) (1,326,556) 1,258,803 (666,016) Total other financing sources (uses) (867,760) (1,363,729) (217,194) 1,146,535 363,601 Net change in fund balances (182,979) (1,892,376) 309,876 2,202,252 2,301,487 Fund balances at beginning of year 22,353,626 22,353,626 22,353,626 - 20,052,139 Fund balances at end of year S 22,170,647 20,461,250 22,663,502 2,202,252 22,353,626 58 (This page intentionally left blank) Public Works The Public Works Division provides information on general engineering matters relating to City streets, public right-of-ways, City's capital projects, utilities, traffic related issues, and more. The Division coordinates City projects and plans with other governmental agencies to ensure that the City's concerns are addressed. I In addition, staff are also responsible for the day-to-day maintenance of all publicly owned properties, including streets, curios, gutters, sidewalks, traffic signals, signs, street lights, sewers/storm drains and landscaping. SUPPLEMENTARY SCHEDULES 59 Assets Cash and investments Cash and investments with fiscal agent Accounts receivable, net Due from other governments Notes receivable Total assets Liabilities and Fund Bala �es Liabilities: Accounts payable Accrued payroll Due to other funds Deferred revenue Advance to other governments Total liabilities CITY OF DIAMOND BAR Non -Major Governmental Funds Combining Balance Sheet June 30, 2004 $ 212,614 - 16,367 - 642,305 - 684,439 - 88,585 - - 212,614 Debt - 16,367 5,517 - 642,305 623,749 Service Capital Project - 88,585 - - 17,276 Fund Fund 88,585 - - 88,585 Special Public Grand 111,580 6,660,847 7,990,258 Revenue Financing Avenue Totals Funds Authority Construction 2004 2003 $ 6,841,008 - 111,580 6,952,588 7,918,594 - 505,915 - 505,915 614,143 44,598 - - 44,598 39,718 819,332 - - 819,332 917,614 88,585 - - 88,585 - $ 7,793,523 505,915 111,580 8,411,018 9,490,069 $ 212,614 - 16,367 - 642,305 - 684,439 - 88,585 - - 212,614 206,616 - 16,367 5,517 - 642,305 623,749 - 684,439 623,909 - 88,585 - 1,644,310 - - 1,644,310 1,459,791 Fund balances: Reserved for: Encumbrances 17,276 - - 17,276 40,020 Notes receivable 88,585 - - 88,585 - Unreserved 6,043,352 505,915 111,580 6,660,847 7,990,258 Total fund balances 6,149,213 505,915 111,580 6,766,708 8,030,278 Total liabilities and fund balances $ 7,793,523 505,915 111,580 8,411,018 9,490,069 60 CITY OF DIAMOND BAR Non -Major Governmental Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2004 Revenues: Special assessments Intergovernmental Charges for services Investment income Other Total revenues Expenditures: Current: General government Public safety Highway and streets Community development Debt service: Interest charges Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year, as restated Fund balances at end of year - Debt - 1,489 752 35,881 - Service Capital Project 1,365,737 - - 1,365,737 Fund Fund - - 1,184,091 Special Public Grand - 145,580 86,562 Revenue Financing Avenue Totals Funds Authority Construction 2004 2003 $ 555,232 - - 555,232 557,601 3,150,507 - - 3,150,507 4,899,615 709,011 - - 709,011 706,137 115,469 5,206 - 120,675 163,946 - - - - 13 4,530,219 5,206 - 4,535,425 6,327,312 - 1,489 - 1,489 752 35,881 - - 35,881 202,780 1,365,737 - - 1,365,737 1,006,768 1,184,091 - - 1,184,091 935,185 - 145,580 - 145,580 86,562 2,585,709 147,069 - 2,732,778 2,232,047 1,944,510 (141,863) - 1,802,647 4,095,265 - 33,635 - 33,635 1,321,275 (3,099,852) - - (3,099,852) (2,915,378) (3,099,852) 33,635 - (3,066,217) (1,594,103) (1,155,342) (108,228) - (1,263,570) 2,501,162 7,304,555 614,143 111,580 8,030,278 5,529,116 $ 6,149,213 505,915 111,580 6,766,708 8,030,278 (This page intentionally left blank) NON -MAJOR SPECIAL REVENUE FUNDS The following Special Revenue Funds have been classified as non -major funds in the accompanying financial statements: State Gas Tax Fund - To account for state gasoline taxes received under Sections 2105, 2106, 2107 and 2107.5 of the Streets and Highways Code. State law requires that these revenues be utilized solely for street related purposes. Proposition A Transit Fund - To account for the receipt and expenditure of the City's share of the '/2 cent sales tax levied in Los Angeles County for local transit purposes. Proposition C Transit Fund - To account for the receipt and expenditure of Proposition C fluids from the Los Angeles County Metropolitan Transportation Authority for the City's transit and transit -related improvement projects. ISTEA Fund - The Intermodal Surface Transportation Enhancement Act (ISTEA) Fund accounts for transport related receipts and expenditures. Traffic Congestion Relief Fund - To account for revenues and expenditures for the City's street or road maintenance or reconstruction pursuant to AB2928. Integrated Waste Management Fund - To account for revenues and expenditures related to the City's waste reduction efforts as related to AB939. Air Quality Improvement Fund - To account for motor vehicle registration fees received from the South Coast Air Quality Management District to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988. California Law Enforcement Equipment Pro am Fund CLEEP - To account for revenues received from the California CLEEP fund and expenditures made for the purchase of high- technology equipment. Park and Facility Development Fund - To account for the development and enhancement of the City's parks. Community Development Block Grant Fund - To account for the City's allotment of CDBG funds from the federal government via the County of Los Angeles Community Development Commission. These funds are used to fund community development programs and projects benefiting low and moderate income citizens. Citizens Option for Public Safety Fund COPS - To account for COPS grants received from both the state and federal government. The purpose of these funds are to enhance the City's public safety budget and to fund special public safety related projects. Asset Seizure Fund - To account for Narcotics Asset Forfeiture funds received from the federal government. It is required that these funds be used to enhance drug and law enforcement activities. Landscape Maintenance District Fund - To account for revenues and expenditures related to the special property tax assessments which were set up in accordance with the Landscape and Lighting Act of 1972. The purpose of these districts is to improve the landscaping of City owned medians and hillsides. 62 Assets Cash and investments Accounts receivable Due from other governments Notes receivable Total assets Liabilities and fund balances Liabilities: Accounts payable Accrued payroll Deferred revenue Due to other funds Advance from other governments Total liabilities Fund balances: Reserved for: Encumbrances Notes receivable Unreserved Total fund balances (deficit) Total liabilities and fund balances CITY OF DIAMOND BAR Non -Major Special Revenue Funds Combining Balance Sheet June 30, 2004 State Prop. A Prop. C Gas Tax Iransit Transit ISTEA Traffic Integrated Congestion Waste Relief Management $ 358,933 1,549,393 581,331 - - 529,729 - _ - _ - 44,598 104,010 - - 559,870 - - $ 462,943 1,549,393 581,331 559,870 - 574,327 $ - 89,832 - - - 4,317 - - - - 559,870 - 559,870 94,149 - 1,119,740 462,943 1,455,244 581,331 (559,870) 462,943 1,455,244 581,331 (559,870) 5,780 7,657 13,437 i 560,890 560,890 $ 462,943 1,549,393 581,331 559,870 - 574,327 63 Air Park and Community 5,517 Landscape 623,909 - - - 642,305 Quality Facility Development Asset Maintenance Totals Improvement CLEEP Develo met Block Grant COPS Seizure District 2004 2003 152,800 85,844 1,873,323 - 221,469 313,025 1,175,161 6,841,008 7,807,014 - - - - - - - 44,598 39,718 18,587 - - 124,569 - - 12,296 819,332 917,614 - - - 88,585 - - - 88,585 - 171,387 85,844 1,873,323 213,154 221,469 313,025 1,187,457 7,793,523 8,764,346 24 - - 41,787 564 - - 339 - - - 124,569 - - 82,435 - - 88,585 588 - - 337,715 147 - 75,044 212,614 206,616 - - 3,490 16,367 5,517 - - - 684,439 623,909 - - - 642,305 623,749 - - - 88,585 - 147 - 78,534 1,644,310 1,459,791 15,183 - - - - - 2093, 17,276 40,020 - - - 88,585 - - - 88,585 - 155,616 85,844 1,873,323 (213,146) 221,322 313,025 1,106,830 6,043,352 7,264,535 170,799 85,844 1,873,323 (124,561) 221,322 313,025 1,108,923 6,149,213 7,304,555 171,387 85,844 1,873,323 213,154 221,469 313,025 1,187,457 7,793,523 8,764,346 64 CITY OF DIAMOND EAR Non -Major Special Revenue Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances j Year ended June 30, 2004 Revenues: Special assessments Intergovernmental Charges for services Investment income Other revenues Total revenues Expenditures: Public safety Highways and streets Community development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances (deficit) at beginning of year, as restated Fund balances (deficit) at end of year State Prop, A Prop. C Gas Ta Lransi Transit ISTEA 123,133 (9,840) (617,431) - 1,080,550 805,898 670,980 - 529,330 - 7,400 20,669 16,915 1,087,950 1,355,897 687,895 - 1,365,737 - - - 1,365,737 - - 1,087,950 (9,840) 687,895 (964,817) - (1,305,326) (964,817) - (1,305,326) 123,133 (9,840) (617,431) Traffic Integrated Congestion Waste Relief Management 40,006 32,495 - 179,681 272 7,982 40,278 220,158 - I 208,169 - 208,169 i 40,278 11,989 (40,278) - - (40,278) - 11,989 339,810 1,465,084 1,198,762 (559,870) - 548,901 $ 462,943 1,455,244 581,331 (559,870) - 560,890 65 Air Park and Community Landscape Quality Facility Development Asset Maintenance Totals Impvament CL EP Development $ ck rant COPS Seizure District 2004 2003 _ _ - 555,232 555,232 557,601 69,098 - - 327,199 124,281 - - 3,150,507 4,899,615 _ - - - 709,011 706,137 2,335 1,218 34,953 - 3,300 4,443 15,982 115,469 160,555 - - - 13 71,433 1,218 34,953 327,199 127,581 4,443 571,214 4,530,219 6,323,921 - - - - 35,881 - - 35,881 202,780 - - - - 1,365,737 1,006,768 78,872 - - 304,510 - - 592,540 1,184,091 935,185 78,872 - - 304,510 35,881 - 592,540 2,585,709 2,144,733 (7,439) 1,218 34,953 22,689 91,700 4,443 (21,326) 1,944,510 4,179,188 _ _ _ - - - 623,209 _ - (619,409) (83,217) (65,993) - (20,812) (3,099,852) (2,895,057) - - (619,409) (83,217) (65,993) - (20,812) (3,099,852) (2,271,848) (7,439) 1,218 (584,456) (60,528) 25,707 4,443 (42,138) (1,155,342) 1,907,340 178,238 84,626 2,457,779 (64,033) 195,615 308,582 1,151,061 7,304,555 5,397,215 170,799 85,844 1,873,323 (124,561) 221,322 313,025 1,108,923 6,149,213 7,304,555 66 i CITY OF DIAMOND BAR State Gas Tax Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Investment income Total revenues Excess of revenues over expenditures Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ 1,031,760 1,080,550 3,000 7,400 1,034,760 1,087,950 1,034,760 1,087,950 48,790 1,170,239 4,400 6,520 53,190 1,176,759 53,190 1,176,759 (1,038,520) (964,817) 73,703 (1,040,361) (1,038,520) (964,817) 73,703 (1,040,361) (3,760) 123,133 126,893 136,398 339,810 339,810 - 203,412 $ 336,050 462,943 126,893 339,810 67 CITY OF DIAMOND BAR Proposition A Transit Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Charges for services Investment income Total revenues Expenditures: Current: Highways and streets Total expenditures Excess (deficiency) of revenues over (under) expenditures Net change in fund balances Fund balances at beginning of year, as restated Fund balances at end of year 68 1,557,810 2004 192,073 2003 1,557,810 1,365,737 Variance 1,006,768 with Final Budget Final Positive Budget Actual (Negative) Actual — $ 803,130 805,898 2,768 694,969 550,000 529,330 (20,670) 517,930 30,000 20,669 (9,331) 26,717 1,383,130 1,355,897 (27,233) 1,239,616 1,557,810 1,365,737 192,073 1,006,768 1,557,810 1,365,737 192,073 1,006,768 (174,680) (9,840) 164,840 232,848 (174,680) (9,840) 164,840 232,848 1,465,084 1,465,084 - 1,163,385 $ 1,290,404 1,455,244 164,840 1,396,233 CITY OF DIAMOND BAR Proposition C Transit Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergoven nnental Investment income Total revenues Excess of revenues over expenditures Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year, as restated Fund balances at end of year 2004 Final Budget Actual $ 659,000 670,980 20,000 16,915 (1,305,326) 679,000 687,895 (617,431) 679,000 687,895 (1,604,433) (1,305,326) (3,085) (1,604,433) (1,305,326) 730,802 (925,433) (617,431) 2003 Variance with Final Budget Positive (Negative) Actual 11,980 702,295 (3,085) 28,507 8,895 730,802 8,895 730,802 299,107 f (592,416) 299,107 (592,416) 308,002 138,386 j 1,198,762 1,198,762 - 1,129,227 $ 273,329 581,331 308,002 1,267,613 69 CITY OF DIAMOND BAR ISTEA Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Total revenues Excess of revenues over expenditures Net change in fund balances Fund balances (deficit) at beginning of year Fund balances (deficit) at end of year 70 on 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ - - - 752,130 752,130 - 752,130 - 752,130 (559,870) (559,870) - (1,312,000) $ (559,870) (559,870) - (559,870) CITY OF DIAMOND BAR Traffic Congestion Relief Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Investment income Total revenues Excess of revenues over expenditures Other financing sources (uses): Transfers out Total other Financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 71 (40,278) (40,278) - (268,668) (40,278) (40,278) - (268,668) 122,722 - (122,722) (142,599) - - - 142,599 J $ 122,722 - (122,722) - 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual i $ 158,000 40,006 (117,994) 123,020 5,000 272 (4,728) 3,049 163,000 40,278 (122,722) 126,069 163,000 40,278 (122,722) 126,069 I (40,278) (40,278) - (268,668) (40,278) (40,278) - (268,668) 122,722 - (122,722) (142,599) - - - 142,599 J $ 122,722 - (122,722) - CITY OF DIAMOND BAR Integrated Waste Management Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Charges for services Investment income Other revenues Total revenues Expenditures: Community development Total expenditures Excess (deficiency) of revenues over (under) expenditures Net change in fund balances Fund balances at beginning of year Fund balances at end of year 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ 60,000 32,495 (27,505) 39,916 200,000 179,681 (20,319) 188,207 20,000 7,982 (12,018) 10,406 - - - 13 280,000 220,158 (59,842) 238,542 326,220 208,169 118,051 135,810 326,220 208,169 118,051 135,810 (46,220) 11,989 58,209 102,732 (46,220) 11,989 58,209 102,732 548,901 548,901 - 446,169 $ 502,681 560,890 58,209 548,901 72 CITY OF DIAMOND BAR Air Quality Improvement Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Investment income Total revenues Expenditures: Community development Total expenditures Excess (deficiency) of revenues over (under) expenditures Net change in fund balances Fund balances at beginning of year Fund balances at end of year 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ 65,000 69,098 4,098 68,679 5,000 2,335 (2,665) 4,695 70,000 71,433 1,433 k 73,374 117,810 78,872 38,938 k 154,696 117,810 78,872 38,938 154,696 (47,810) (7,439) 40,371 (81,322) (47,810) (7,439) 40,371 (81,322) 178,238 178,238 - 259,560 $ 130,428 170,799 40,371 178,238 73 CITY OF DIAMOND BAR CLEEP Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Investment income Total revenues Expenditures: Public safety Total expenditures Excess (deficiency) of revenues over (under) expenditures Net change in fund balances Fund balances at beginning of year Fund balances at end of year 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative)Actual $ _ - - 24,624 1,218 1,218 2,055 1,218 1,218 26,679 60,215 _ - - 60,215 - 1,218 1,218 (33,536) - 1,218 1,218 (33,536) 84,626 84,626 - 118,162 $ 84,626 85,844 1,218 84,626 74 CITY OF DIAMOND BAR Park and Facility Development Fund I Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Investment income Total revenues Excess of revenues over expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 75 2004 r 2003 i Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ 40,000 34,953 (5,047) 42,038 40,000 34,953 (5,047) 42,038 40,000 34,953 (5,047) 42,038 - - - 623,209 (943,216) (619,409) 323,807 - (943,216) (619,409) 323,807 623,209 (903,216) (584,456) 318,760 665,247 2,457,779 2,457,779 - 1,792,532 $ 1,554,563 1,873,323 318,760 2,457,779 75 CITY OF DIAMOND BAR Community Development Block Grant Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Total revenues Expenditures: Community development Total expenditures Excess of revenues over expenditures 265,334 22,689 (242,645) 1,033,365 Other financing sources (uses): (232,082) (83,217) 148,865 (78b,8I 1) Transfers out Total other financing sources (uses) (232,082) (83,217) 148,865 (786,811) Net change in fund balances Fund balances (deficit) at beginning of year Fund balances (deficit) at end of year 33,252 (60,528) (93,780) 246,554 (64,033) (64,033) - (310,587) $ (30,781) (124,561) (93,780) (64,033) 76 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ 629,385 327,199 (302,186) 1,168,890 629,385 327,199 (302,186) 1,168,890 364,051 304,510 59,541 135,525 364,051 304,510 59,541 135,525 Excess of revenues over expenditures 265,334 22,689 (242,645) 1,033,365 Other financing sources (uses): (232,082) (83,217) 148,865 (78b,8I 1) Transfers out Total other financing sources (uses) (232,082) (83,217) 148,865 (786,811) Net change in fund balances Fund balances (deficit) at beginning of year Fund balances (deficit) at end of year 33,252 (60,528) (93,780) 246,554 (64,033) (64,033) - (310,587) $ (30,781) (124,561) (93,780) (64,033) 76 CITY OF DIAMOND BAR COPS Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Investment income Total revenues Expenditures: Public safety Total expenditures Excess of revenues over expenditures Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fiend balances Fund balances at beginning of year Fund balances at end of year 2004 2003 45,500 35,881 Variance 94,158 45,500 35,881 with Final 94,158 119,000 Budget (27,300) Final Positive (65,993) Budget Actual (Negative) Actual $ 159,500 124,281 (35,219) 154,853 5,000 3,300 (1,700) 6,666 164,500 127,581 (36,919) 161,519 45,500 35,881 9,619 94,158 45,500 35,881 9,619 94,158 119,000 91,700 (27,300) 67,361 (173,000) (65,993) 107,007 (155,029) (173,000) (65,993) 107,007 (155,029) (54,000) 25,707 79,707 (87,668) 195,615 195,615 - 283,283 $ 141,615 221,322 79,707 195,615 77 CITY OF DIAMOND BAR Asset Seizure Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Investment income Total revenues Expenditures: Public safety Total expenditures Excess (deficiency) of revenues over (under) expenditures Net change in fund balances Fund balances at beginning of year Fund balances at end of year 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ - 4,443 4,443 6,604 4,443 4,443 6,604 - - 48,407 48,407 - 4,443 4,443 (41,803) - 4,443 4,443 (41,803) 308,582 308,582 - 350,385 $ 308,582 313,025 4,443 308,582 78 CITY OF DIAMOND BAR Landscape Maintenance District Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Special assessments Investment income Total revenues Expenditures: Community development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fluid balances Fund balances at beginning of year Fund balances at end of year 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ 552,047 555,232 3,185 557,601 1 29,000 15,982 (13,018) 23,298 581,047 571,214 (9,833) 580,899 800,115 592,540 207,575 509,154 r 800,115 592,540 207,575 509,154 (219,068) (21,326) 197,742 F 71,745 (614,010) (20,812) 593,198 (51,772) j (614,010) (20,812) 593,198 (51,772) (833,078) (42,138) 790,940 19,973 { 1,151,061 1,151,061 - 1,131,088 $ 317,983 1,108,923 790,940 1,151,061 79 NON -MAJOR DEBT SERVICE FUND The Debt Service Fund is used primarily to account for the accumulation of resources for the payment of principal and interest on general long-term debt of the City. The following has been classified as a non -major fund in the accompanying financial statements. Public Financing Authority Fund — To account for the payment of principal and interest on the Lease Revenue Bonds. 80 CITY OF DIAMOND BAR Public Financing Authority Debt Service Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Investment income Total revenues Expenditures: General government Debt service: Interest charges Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources: Transfers in Total other financing sources Net change in fund balances Fund balances at beginning of year Fund balances at end of year 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ - 5,206 5,206 3,391 - 5,206 5,206 3,391 - 1,489 (1,489) 752 - 145,580 (145,580) 86,562 - 147,069 (147,069) 87,314 - (141,863) (141,863) (83,923) - 33,635 33,635 698,066 - 33,635 33,635 698,066 - (108,228) (108,228) 614,143 old IAl F,ld IAI _ _ $ 614,143 505,915 (108,228) 614,143 81 MAJOR AND NON -MAJOR CAPITAL PROJECTS FUNDS Capital Projects Funds are established to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by Special Revenue Funds). Major Funds: Public Financing Authority Capital Project Fund — To account for the financing of public improvements and other capital purchases for the City. Capital Improvement Fund — To account for the costs of constructing street improvements, park improvements, and other public improvements not normally included within the other Capital Projects funds. Financing is provided by developer fees and interfund transfers from the Special Revenue Funds and the General Fund. Nonmajor Fund: Grand Avenue Construction Fund — To account for the expenditure of funds received from the County of San Bernardino in settlement of the Grand Avenue litigation. These funds are used for street and traffic improvements along Grand Avenue. 82 CITY OF DIAMOND BAR Public Financing Authority Capital Project Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual Revenues: Investment income $ 93,186 93,186 55,521 i Total revenues - 93,186 93,186 55,521 Expenditures: General government - 25 (25) 321 Fiscal charges and issuance costs - - - 1,080,940 Total expenditures - 25 (25) 1,081,261 Excess (deficiency) of revenues { over (under) expenditures - 93,161 93,161 (1,025,740) Other financing sources (uses): Transfers out (5,631,177) (5,664,315) (33,138) (6,871,849) Bonds issued - - - 13,755,000 Bonds discount - - - (137,550) Total other financing sources (uses) (5,631,177) (5,664,315) (33,138) 6,745,601 Net change in fund balances (5,631,177) (5,571,154) 60,023 5,719,861 Fund balances at beginning of year 5,719,861 5,719,861 - - Fund balances at end of year $ 88,684 148,707 60,023 5,719,861 83 CITY OF DIAMOND BAR Capital Improvement Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Revenues: Intergovernmental Licenses and permits Other Total revenues Expenditures: Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources: Transfers in Total other financing sources Net change in fund balances Fund balances at beginning of year Fund balances (deficit) at end of year (13,587,755) (9,050,810) 4,536,945 (7,816,912) 12,382,060 2004 (3,618,087) 2003 12,382,060 8,763,973 Variance 7,908,956 (1,205,695) (286,837) with Final 92,044 268,317 268,317 Budget 176,273 Final (18,520) Positive 268,317 Budget Actual (Negative) Actual $ 201,184 201,184 - 240,000 130,000 - (130,000) 570 89,706 9,295 (80,411) - 420,890 210,479 (210,411) 240,570 14,008,645 9,261,289 4,747,356 8,057,482 14,008,645 9,261,289 4,747,356 8,057,482 (13,587,755) (9,050,810) 4,536,945 (7,816,912) 12,382,060 8,763,973 (3,618,087) 7,908,956 12,382,060 8,763,973 (3,618,087) 7,908,956 (1,205,695) (286,837) 918,858 92,044 268,317 268,317 - 176,273 $ (937,378) (18,520) 918,858 268,317 84 CITY OF DIAMOND BAR Grand Avenue Construction Fund Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2004 Other financing sources (uses): Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year 85 2004 2003 Variance with Final Budget Final Positive Budget Actual (Negative) Actual $ (111,580) - (111,580) - (111,580) - 111,580 111,580 111,580 (20,321) 111,580 (20,321) 111,580 (20,321) - 131,901 $ - 111,580 111,580 111,580 INTERNAL SERVICE FUNDS Internal Service Funds have been established to finance and account for goods and services provided by one City department to other City departments or agencies. Funds included are: Self -Insurance Fund — To account for payments made for the City's general liability insurance premium. Eguipment Replacement Fund — To account for the replacement of the City's rolling equipment stock or vehicles. Computer Replacement Fund — To account for the replacement and/or enhancement of the City's computer-related equipment. 86 Assets Current assets: Cash and investments Accounts receivable Total current assets Property, plant and equipment: Machinery and equipment Less accumulated depreciation Net property, plant and equipment Total assets Liabilities Current liabilities: Accounts payable Due to other funds Total current liabilities Net assets Invested in capital assets Unrestricted Total net assets (deficit) CITY OF DIAMOND BAR Internal Service Funds Combining Statement of Net Assets June 30, 2004 Self- Equipment Computer Insurance Replacement Replacement 2004 $ 1,481,256 194,196 159,476 - 1,640,732 194,196 Totals 2003 - 1,675,452 1,511,807 - 159,476 91,718 - (55,384) - 1,834,928 1,603,525 - 84,817 13,506 98,323 98,323 - (55,384) (11,410) (66,794) (45,331) - 29,433 2,096 31,529 52,992 1,862,396 1,656,517 1,640,732 223,629 2,096 1,866,457 1,656,517 665 665 3,396 3,396 4,061 4,061 - 29,433 2,096 31,529 52,992 1,640,732 194,196 (4,061) 1,830,867 1,603,525 $ 1,640,732 223,629 (1,965) 1,862,396 1,656,517 87 CITY OF DIAMOND BAR Internal Service Funds Combining Statement of Revenues, Expenses and Changes in Fund Net Assets Year ended June 30, 2004 Self Equipment Computer Totals Insurance Replacement Replacement 2004 2003 Operating revenues: Insurance deposits $ 213,087 - - 213,087 91,718 Total operating revenues 213,087 - - 213,087 91,718 Operating expenses: Insurance premiums 183,752 - - 183,752 162,064 Depreciation - 16,961 4,502 21,463 19,032 Maintenance - - 6,430 6,430 4,644 Total operating expenses 183,752 16,961 10,932 211,645 185,740 Operating income (loss) 29,335 (16,961) (10,932) 1,442 (94,022) Non-operating revenues Investment income 17,915 2,756 13 20,684 27,650 Total non-operating revenues 17,915 2,756 13 20,684 27,650 Income (loss) before transfers 47,250 (14,205) (10,919) 22,126 (66,372) Transfers in 183,753 - - 183,753 193,395 Net change in net assets 231,003 (14,205) (10,919) 205,879 127,023 Total net assets at beginning of year 1,409,729 237,834 8,954 1,656,517 1,529,494 Total net assets (deficit) at end of year $ I,640,732 223,629 (1,965) 1,862,396 1,656,517 89 CITY OF DIAMOND BAR Internal Service Funds Combining Statement of Cash Flows Year ended June 30, 2004 Self- Equipment Computer Insurance Replacement Replacement Cash flows from operating activities: Insurance deposits Insurance payments Cash paid for operating expenses Net cash provided by (used for) operating activities Cash flows from noncapital financing activities: Cash transferred from other funds Net cash provided by noncapital financing activities Cash flows from capital and related activities: Purchase of fixed assets Totals 2004 2003 $ 145,329 - - 145,329 72,838 I (183,752) - - (183,752) (5,815) (2.369) _ (2.369) 4,644 (38,423) - (2,369)---(40,792)62.379 183,753 - - 183.753 193.395 183,753 - - 183.753 123,395 - - - (24,330) Net cash provided by (used for) capital and related activities - - - - (24,330) Cash flows from investing activities: Interest received from investments 17,915 2,756 13 20,684 27,650 Net cash provided by investing activities 17,915 2.756 13 20.684 27.650 Net increase (decrease) in cash and cash equivalents 163,245 2,756 (2,356) 163,645 259,094 Cash and cash equivalents at beginning of year 1;318.011 191,440 _ 2,356 1.511.807 1,252,713 Cash and cash equivalents at end of year $ 1,481,256 194,196 - 1,675,452 1,511,807 Reconciliation of net operating income (loss) to net cash provided by (used for) operating activities: Operating income (loss) $ 29,335 (16,961) (10,932) 1,442 (94,022) Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities: Depreciation - 16,961 4,502 21,463 19,032 (Increase) decrease in accounts receivable (67,758) - - (67,758) (18,880) (Increase) decrease in prepaid insurance - - - - 156,249 Increase (decrease) in accounts payable - - 665 665 - Increase (decrease) in due to other funds - - 3,396 3.396 - Net cash provided by (used for) operating activities $ (38,423) - (2,369) (40,792) 62,379 Noncash investing, capital and„financing activities: During the fiscal year ended June 30, 2004, there was no noncash investing, capital or financing activities. 89 c�rd�� flee V �q ✓' irWl'CII ,iQ � 71'gdG on he zQQ Jn°mm� I o Iry ►ntormatfon ^, y t0 �lebfellnn Of ''..-' 4 ry 88r 4`1 me ��,; c4n°;coYef �'Hmll Diaaq,d B nirrg of yre ob rine B rry °n`¢r�� V J ACiiviti arcem" PMne. qm CA err es wil! incMlCe k"' a 85 ea T'� i a ribbon rutting cerem°nY, sell- r"°"",r+r en v 3° aa, _ s so . — nd ., l �* I "'. r, , ^ TeQ Public Information m^^ "n-nsa` a sUal The primary mission of WwW�, '«dg'°`°` darsaY't'be ed case V> n= nderChu1 don'tq 9t � the Public Information Acrph3'�`�a., For e17 �laU�Gy�enemecpe ndof OPe" Q meSO"�"kiss M�N 9 Division is to distribute dors `r wry; V 10 me °km ogg gall �g 9575d lorinlar yb� u�Penln 4i8�snp�as public information to °am°ndgarC�tee`csllty . >< Rimae „ejpp�m,,m„ residents, businesses �����Q1„�„fir p�d� „m`o`41�.,�,�^n ,rn� 0"9�i!%uto,,,.� and City employees TemY�p ��'77 °r'd�ar inviles [ T�MIc`"m •r;pm as well as market thek�«a”°tea o ;� m°^^°�•bn v] City's programs and CityOfficiatsm •— n"'a;Yara�zr� O activities to theA are a°BaNzalao3mar M°vaarusa�rn,.nps, fe°eParro 'T. s community. *;C community.�2Y herr�,rar^ d �j^"/:?✓Y us Ihis Y uwony VI_"."17b `71r CZnea A'eeertl Y°VrW WM1l'y t0 J W rr}R^1hM6 q the V ar Sart[zaliun alt f-`�1' �nrt,� ext QaTia'r1 l�gfaz'n°nening hrtevenf ^ix �r lun',x, �l'O'C'nr Barr�nterr ° ha n.f' 1'�ri.:,, vt,maal PporiaN iv_. '•••.,,, t�l pa,tiF��rrua^rati npalj°n, weave °"gaen How [ :,l,ril l3�i�. CIT)'HALLc ' rtaH �ge"a57C�r e IINl. JJ cy ai �itY aficea wfR °e URE•. nbse�yP�ary 76�Gon BlcpgfnaP z�lin � /\ y/ J Tuesoay"S Wifl Y �h t;at 7�m The Division accomplishes its mission through a variety of activities including: a monthly City newsletter; the City's �z website; the government access cable channel DBTV �4e,¢��L � raztsg a'viceadou 3; the Info ToGo automated 7 Q;xn telephone system; periodic n�•f surveys; promotional m,"^�„pn ,,, ,nti s"'d rn"r•� Ug�""""�' materials; and media p"sn,ni< '4st 5" relations. •u CP 91TG! Cep1M 6r1.�`D��NI ...–i aaa_ oa.n,teasl 90 Table 1 City of Diamond Bar Government -wide Expenses by Function (unaudited) $7,000,000 $6,000,000 $5,000,000 $4,000,000 c 0 $3,000,000 $2,000,000 $1,000,000 Government -Wide Expenses by Function General Public safety Highways and Community Parks, recreation Interest and government streets development & culture Fiscal Charges Fiscal Year 2003-04 Source: City Finance Department This is the second year to show this information since the implementation of GASB 34 91 Fiscal Year Expenses by Function 2002-03 2003-04 _ _ _ General government $ 3,315,082 $ 3,713,530 Public safety 4,988,449 4,875,823 Highways and streets 1,006,768 1,365,737 Community development 3,370,116 5,724,606 Parks, recreation & culture 2,309,150 2,580,454 Interest and Fiscal Charges 535,752 171,223 $ 15,525,317 $ 18,431,373 $7,000,000 $6,000,000 $5,000,000 $4,000,000 c 0 $3,000,000 $2,000,000 $1,000,000 Government -Wide Expenses by Function General Public safety Highways and Community Parks, recreation Interest and government streets development & culture Fiscal Charges Fiscal Year 2003-04 Source: City Finance Department This is the second year to show this information since the implementation of GASB 34 91 City of Diamond Bar Government -wide Revenues (unaudited) General revenues Taxes Investment income Other Program revenues Charges for services Operating grants and contributions Capital grants and contributions Total government -wide revenues: FY 2002-03 $ 10,837,951 439,455 84,795 $ 11,362,201 Table 2 FY 2003-04 $ 10,510,543 182,069 250,250 $ 10, 942, 862 $ 2,872,909 $ 3,033,645 4,390,722 4,068,446 1,779,510 261,994 $ 9,043,141 $ 7,364,085 $ 20,405,342 $ 18,306,947 Source: City Finance Department This is the second year to show this information since the implementation of GASB 34 92 Table 3 City of Diamond Bar General Government Expenditures by Function (1) Last Ten Fiscal Years (unaudited) Fiscal Year General Government* Public Safety Public Works Culture & Recreation Capital Outlay* Debt Service Total 1994-95 2,270,162 4,099,515 2,678,261 1,072,288 1,726,067 108,780 11,955,073 1995-96 2,319,801 4,110,104 2,372,404 1,127,136 1,579,421 104,930 11,613,796 1996-97 2,615,272 4,095,518 2,279,731 1,270,617 1,541,307 10,320 11,812,765 1997-98 3,145,257 4,094,401 2,402,426 1,666,198 5,189,027 28,064 16,525,373 1998-99 2,895,986 4,738,375 2,839,789 1,489,708 10,666,740 106,440 22,737,038 1999-00 4,071,192 4,654,187 2,679,598 1,805,489 6,397,292 305,090 19,912,848 2000-01 4,159,392 4,960,517 2,679,692 1,898,087 3,131,469 3,526,460 20,355,617 2001-02 3,231,328 4,933,713 2,987,084 1,737,357 6,375,957 0 19,265,439 2002-03 3,299,041 4,973,248 3,679,856 1,946,025 8,057,482 535,752 22,491,404 2003-04 3,663,055 4,857,179 4,785,593 2,114,090 9,261,289 145,580 24,826,786 (1) Includes General, Special Revenue, Capital Project and Debt Service Funds. *Note: General Government includes Community Development Expenditures Capital Outlay includes Cost of Property sold. Source: City Finance Department 93 Table 4 City of Diamond Bar General Government Revenues by Source (1) Last Ten Fiscal Years (unaudited) Fiscal Year Taxes* Special Assessments Licenses & Permits Inter- Governmental Fines & Forfeitures Use of Money Property Other** Revenue Total 1994-95 5,174,343 476,148 881,588 5,640,400 253,824 732,693 56,399 13,215,395 1995-96 5,538,406 538,896 1,066,475 5,735,096 261,138 863,855 50,787 14,054,653 1996-97 5,708,029 530,375 1,417,073 6,354,150 176,267 1,005,683 42,856 15,234,433 1997-98 5,943,775 561,772 1,247,155 9,178,049 219,075 1,166,554 1,329,957 19,646,337 1998-99 6,359,624 553,443 2,147,195 6,535,812 573,449 1,191,305 6,159,240 23,520,068 1999-00 8,006,841 .547,041 1,666,726 7,713,344 556,527 1,395,785 59,443 19,945,707 2000-01 7,229,142 547,407 2,012,263 7,131,505 509,676 1,672,384 92,227 19,194,604 2001-02 7,665,970 546,662 1,786,971 6,534,225 529,921 998,283 95,190 18,157,222 2002-03 8,138,712 557,601 1,467,127 8,602,856 813,617 658,922 74,818 20,313,653 2003-04 8,468,342 555,232 1,457,345 6,353,152 733,903 395,929 234,951 18,198,854 (1) Includes General, Special Revenue and Capital Project Funds. *Note: Taxes category includes Charges for Services. **Note: Other Revenue includes proceeds from sale of property. Source: City Finance Department 94 Table 5 City of Diamond Bar Secured Property Tax Levies and Collections Last Ten Fiscal Years (unaudited) Fiscal Year Total Current Levy Total Current Collections Percentage of Levy Collected Deliquent Tax Receivables 1994-95 1,804,068 1,625, 911 90.12% 178,157 1995-96 1,796,593 1,711,983 95.29% 84,610 1996-97 1,809,197 1,625,252 89.83% 183,945 1997-98 1,781,264 1,680,816 94.36% 100,448 1998-99 1,810,266 1,758,764 97.16% 51,502 1999-00 1,904,915 1,813,904 95.22% 91,011 2000-01 1,954,530 1,847, 817 94.54% 106,713 2001-02 2,129,310 2,017,399 94.74% 111,911 2002-03 2,301,716 2,211,793 96.09% 89,923 2003-04 2,504,974 2,390,554 95.43% 114,420 'Note: The City of Diamond Bar settled a property tax lawsuit with Los Angeles County that resulted in additional property tax payments totalling $1,8B2,789. The funds were received in three (3) payments dated February 1994, August 1994 and August 1995. These amounts are not included in the above figures as they were associated with the initial property tax transfer at the date of incorporation. Source: Los Angeles County Auditor/Controller. 95 Table 6 City of Diamond Bar Assessed and Estimated Actual Values of Taxable Property Last Ten Fiscal Years (unaudited) Fiscal Year Secured Gross Value Unsecured Gross Value Public utility Exemptions Total Percentage Increase 1994-95 3,619,436,021 57,158,841 820,862 33,523,553 3,643,892,171 2.30% 1995-96 3,659,337,876 60,689,091 825,138 35,979,540 3,684,872,565 1.12% 1996-97 3,660,223,979 64,187,086 828,963 27,479,616 3,697,760,412 0.35% 1997-98 3,645,994,575 67,863,390 884,347 37,731,129 3,677,011,183 -0.56% 1998-99 3,730,370,102 74,441,058 876,688 38,373,706 3,767,314,142 2.46% 1999-00 3,873,275,798 63,844,054 125,921 36,494,583 3,900,751,190 3.54% 2000-01 4,098,200,125 67,438,047 116,405 40,088,648 4,125,665,929 5.77% 2001-02 4,327,911,837 71,622,089 127,441 41,869,703 4,357,791,664 5.63% 2002-03 4,574,521,268 69,971,865 122,697 44,188,829 4,688,804,659 7.60% 2003-04 5,051,058,871 77,407,924 140,122 47,621,182 5,080,985,735 8.36% Source: Los Angeles County Auditor/Controller, Hdl Coren & Cone EIy Note: Property tax rates based on a typical tax rate area. Source: Los Angeles County Auditor/Controller, Hdl Coren & Cone Table 7 City of Diamond Bar Property Tax Rates -All Direct and Overlapping Governments (Per$100 of Assessed Valuation) Last Ten Fiscal Years (unaudited) Fiscal General Los Angeles Walnut Valley Walnut Valley L.A County L.A County Metropolitan Year Levy County School District Water District Flood Control Sanitation Water District Total 1994-95 1.0000000 0.0019930 0.0649030 0.0000000 0.0060410 0.0000000 0.0089000 1.0818370 1995-96 1.0000000 0.0018140 0.0089866 0.0000000 0.0009630 0.0000000 0.0089000 1.0206636 1996-97 1.0000000 0.0016040 0.0850380 0.0000000 0.0019910 0.0000000 0.0089000 1.0975330 1997-98 1.0000000 0.0015840 0.1025300 0.0000000 0.0021970 0.0000000 0.0089000 1,1152110 1998-99 1.0000000 0.0014510 0.0694610 0.0000000 0.0019530 0.0000000 0.0089000 1.0817650 1999-00 1.0000000 0.0014220 0.0784890 0.0000000 0.0017650 0.0000000 0.0089000 1.0905760 2000-01 1.0000000 0.0013140 0.0884030 0.0000000 0.0015520 0.0000000 0.0088000 1.1000690 2001-02 1.0000000 0.0011280 0.0916300 0.0000000 0.0004730 0.0000000 0.0077000 1.1009310 2002-03 1.0000000 0.0010330 0.1008580 0.0000000 0.0008810 0.0000000 0.0067000 1.1094720 2003-04 1.0000000 0.0009920 0.0966020 0.0000000 0.0004620 0.0000000 0.0061000 1.1041560 Note: Property tax rates based on a typical tax rate area. Source: Los Angeles County Auditor/Controller, Hdl Coren & Cone City of Diamond Bar Computation of Legal Debt Margin .dune 30, 2004 (unaudited) Assessed Valuations: Assessed Value Add Back: Exempt Property Total Assessed Value Legal Debt Margin: Debt limitations -15% of Total Assessed Value' Debt Applicable to Limit Total Bonded Debt 0 Less: Special Assessment Bonds 0 Revenue Bonds 13,755,000 Available for Repayment of General Obligation Bonds 0 Total Debt Applicable to Limitation Legal Debt Margin 'Section 43605 of the California Government Code Source: City Finance Department, Hdl Coren & Cone A-1 Table 8 $ 5,033,364,553 47,621,182 $ 5,080,985,735 762,147,860 0 $ 748,392,860 City of Diamond Bar Computation of Direct and Overlapping Debt June 30, 2004 (unaudited) Government Los Angeles County Detention f=acilities 1987 Debt Svc LA Co Flood Control (Storm Drain Bond No 4) DS Flood Control Ref. Bonds 1993 Debt Service 'Metropolitan Water District Three Valley Area 1112 Mt San Antonio Comm Col Dis 2001 Ser A DS Mt San Antonio Com Col Dis 2001 Ser B 04 Pomona Unified School District 2002 Ser C DS Pomona Unified School District 2002 Ser B DS Pomona Unified School District Refund Ser 1997A DS Pomona Unified SD Refund 2000 Series A Debt Servic Pomona Unified SD 1998 Series D Debt Service Pomona Unified SD Refunding 2001 Ser A Debt Service Pomona Unified SD 2002 Ser A Debt Service Walnut Valley Unified SD 2000 Series C DS Walnut Valley Unified SD Refund Series 1997 A DS Walnut Valley Unified SD 2000 Series A DS Walnut Valley Unified SD 2000 Series B DS Walnut Valley Unified SD 2000 Series C DS Total Gross Direct and Overiapping Bonded Debt 2003104 Assessed Valuation: $ 5,080,985,735 Debt to Assessed Valuation Ratios: Table 9 Gross Bonded % Applicable Net Bonded Debt Balance To City Debt $23,470,000 0.812 $190,672 5,600,000 0.824 46,121 555,000 0.824 4,571 447,475,000 0.775 3,468,696 28,950,000 13.792 3,992,914 75,000,000 13.853 10, 390,065 15,000,000 29.233 4,385,009 15,000,000 29.233 4,385,009 44,950,000 29.233 13,140,411 20,005,000 29.233 5,848,141 9,740,000 29.233 2,847,333 21,860,000 29.233 6,390,420 9,770,000 29.233 2,856,103 21,998,114 76.125 16,746,116 39,392,718 76.125 29,987,800 6,630,000 76.125 5,047,103 6,710,000 76.125 5,108,003 7,945,000 76.125 6,048,150 $120,882,637 Direct Debt 0.00% Overlapping Debt 2.38% Total Debt 2.38% Report reflects general obligation debt which is being repaid through voter -approved indebtness. It excludes, mortgage revenue, tax allocation bonds, interim financing obligations, non -bonded capital lease obligations and certificates of participation. This fund is a portion of a larger agency, and is responsible for debt in areas outside the city. Source: City Finance Department, Hdl Coren & Cone 99 Table 10 City of Diamond Bar Residential and Commercial Construction and Bank Deposits Last Ten Fiscal Years (unaudited) 6/30/1994 379, 581, 000 New Construction 423,640, 000 Fiscal Residential (1) Commercial 472,071,000 Year Units Value Units Value 1994-95 8 4,619,400 0 0 1995-96 26 16,715,000 0 0 1996-97 15 9,516,000 1 4,300,000 1997-98 66 32,539,000 0 0 1998-99 88 36,303,000 5 21,516,000 1999-00 28 18,274,000 2 1,706,000 2000-01 92 42,558,001 3 8,431,000 2001-02 73 37,849,631 1 6,621,000 2002-03 16 12, 370,771 1 1,733,000 2003-04 15 12,166,000 0 0 Alterations and Additions Fiscal Residential 1 Commercial Year Units Value Units Value 1994-95 487 5,649,500 81 2,454,800 1995-96 651 7,285,100 52 2,460,200 1996-97 595 12,150,400 58 3,826,800 1997-98 639 8,618,400 52 2,453,000 1998-99 751 19,163,240 53 10,099,900 1999-00 632 8,255,650 99 8,324,100 2000-01 716 10,069,605 57 4,614,427 2001-02 784 8,227,250 54 9,737,510 2002-03 847 13,388,981 59 3,022,200 2003-04 877 12,093,300 61 1,914,750 Bank Deposits 6/30/1994 379, 581, 000 6/30/1995 423,640, 000 6/30/1996 480,610,000 6/30/1997 472,071,000 6/30/1998 532,147,000 6/30/1999 557,969,000 6/30/2000 636,590,000 6/30/2001 744,419,000 6/30/2002 898, 305,000 6/30/2003 1,076,100,000 (1) Includes multiple dwellings Source: City's Contract Building & Safety Provider, Findley Reports 100 City of Diamond Bar Principal Property Taxpayers June 30, 2004 (unaudited) Tax a er Primary_ Use 24,977, 750 Opus Real Estate California Commercial Gem Gateway Limited Inc. Commercial 1022 South Grand Avenue Apartment Residential Hidden Manna Corporation Commercial Country Hills DB LLC Commercial Bridge Gate Partners LP Commercial Muller Gateway LLC Commercial Danari Diamond Bar LLC Commercial Margaret M. Tam Trust, Et. Al. Commercial Emerald Pointe Apartments LLC Commercial 101 Table 11 2003-04 Percentage of Total Assessed Valuation Net Assessed Valuation $28,335,498 0.559% 24,977, 750 0.493% 22,628,277 0.447% 21,790,905 0.430% 21,118,272 0.417% 18,465,893 0.364% 17,102,423 0.338% 15,913,505 0.314% 15,325,465 0.302% 14,894,980 0.294% 200,552,968 3.958% r Table 12 City of Diamond Bar Schedule of Insurance June 30, 2004 (unaudited) Type of Coverage Limits/Deductibles Insurer Policy period Liability: General Liability, Automobile Liability, $50,000,000 limit each occurrence, Self Insured Program/ 0711102-Until Bodily Injury, Property Damage, $50,000,000 annual aggregate. California Joint Powers suspended or Personal Injury. Retained loss of $30,000 per Insurance Authority, terminated. occurrence. Special Liability: Errors and ommissions, Employment $50,000,000 limit each occurrence, Self Insured Program/ 0711102-Until Practices injury, Contractual Liability $50,000,000 annual aggregate. California Joint Powers suspended or injury, Broad cast/Publication injury Retained loss of $50,000 per Insurance Authority. terminated. Employee Benefits, Administration occurrence. injury, Discrimination injury. Pollution & Remediation Legal Liability: Scheduled property, streets, storm CJPIA Limit $50,000,000 for 3 years. Self Insured Program/ 07/01102-06130105 drains, approved underground tanks & $10,000,000 per member, Self insur- California Joint Powers non-owned disposal sites. ed retention $50,000 per occurrence. Insurance Authority. Property: All-Risk, including buildings, contents, $100,000,000 per occurence, Robert F. Driver Assoc. 12/31103-12131105 garaged vehicles, contractor's equip- deductible of $5,000 per occurrence. ment, fine arts, rental income and other miscellaneous extenbons of coverage. Automobile: Automobile Physical Damage $100,000,000 per occurence, Robert F. Driver Assoc. 12131103-12131/05 deductible of $1,000 per occurrence Crime: Public Employee Blanket Fidelity Bond- Faithful Performance Bond $1,000,000 limit, deductible of Robert F. Driver Assoc. 01101/04-04101/06 Coverage 'O' $2,500 per occurrence Depositor's Forgery $1,000,000 limit, deductible of Robert F. Driver Assoc. 01101104-04/01106 Coverage'B' $2,500 per occurrence Crime- Money & Securities $1,000,000 limit, deductible of Robert F. Driver Assoc. 01101104-04101106 Coverage'C' $2,500 per occurrence Computer Fraud $1,000,000 limit, deductible of Robert F. Driver Assoc. 01101/04-04/01/06 Coverage ' F' $2,500 per occurrence Worker's Compensation: Work related injury/illness claims for $50,000 Self Insured Program/ 10101/03-10/01105 temporary and permanent disability. employers liability incl defending costs. California Joint Powers Insurance Authority, Special Events: Tenants/Users for Property $1,000,000 per occurrence and Robert F. Driver Assoc. 04/01104-0411106 damage/bodily injury aggregate per event. $5,000 medical expense limit. Source: City Finance Department 102 Table 13 City of Diamond Bar Demographic and Miscellaneous Statistical Information June 30, 2004 (unaudited) Date of Incorporation.................................................................................. April 18, 1989 Form of Government................................................................................ Council -Manager Area 14.9 Square miles Milesof Streets.................................................................................. 137 Employees(full-time).................................................................................. 51 Employees(part-time) ....................................... Fire Protection (Los Angeles County Consolidated Fire protection District) � Number of Stations Number of Officers ....... ................ I ............ 39 Sewers: SanitarySewers .................................................................................. 146.88 Storm Sewers .... 31.95 Recreation & Culture: Community Centers ............................................................................... 1 Parks 11 j Park Acreage (developed) .................................................................................. 62.7 Park Acreage (undeveloped .................................................................................. 439 Education: Elemantary Schools .................................................................................. 9 Middle Schools .................................. High Schools ........................ .................. 2 Population of past ten years:* Year Population Percentage Increase j 1995 54,284 -0.41% 1996 56,003 3.17% 1997 56,659 1.17% 1998 57,271 1.08% 1999 58,300 1.80% 2000 59,100 1.37% 2001 56,287 -4.76% 20D2 58,100 3.22% 2003 57,469 -1.09% 2004 59,487 3.51% *Source: State of California, Department of Finance I I 103 Table 14 City of Diamond Bar Schedule of Credits Year Ended June 30, 2004 Name Linda C. Lowry, City Manager David A. Doyle, Deputy City Manager Linda G. Magnuson, Finance Director Conrad and Associates, C.P.A., L.L.P. April Blakey, Public Information Manager Source: City of Diamond Bar 104 Area of Contribution General Overview Letter of Transmittal Management Discussion & Analysis General Overview Letter of Transmittal Management Discussion & Analysis General Overview Letter of Transmittal Management Discussion & Analysis Statistical Tabfes Financial Statements Notes to Financial Statements Cover and Divider Page Design (This page intentionally left blank) �}x ►fir/�i tp. '`'� d"'�'A�rw �'��..�e 1 � t• y. ,. I Drt�arn'n RAR CITY OF DIAMOND BAR Diamond Bar, California Single Audit Report on Federal Awards Year ended June 30, 2004 CONRADAND ASSOCIATES, L.L.P. CERTIFIED PUBLIC ACCOUNTANTS v CITY OF DIAMOND BAR Single Audit Report on Federal Awards Year ended June 30, 2004 TABLE OF CONTENTS Page Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Report on Compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with OMB Circular A-133 2 Schedule of Expenditures of Federal Awards 4 Notes to the Schedule of Expenditures of Federal Awards Schedule of Findings and Questioned Costs b Summary Schedule of Prior Audit Findings 7 T CONRADAND ASSOCIATES, L.L.P. Honorable Mayor and City Council City of Diamond Bar, California REPORT ON INTERNAL CO COMPLIANCE AND OTHER CATEMENTS PERFORMED 1 CERTIFIED PUBLIC ACCOUNTANTS 2301 DUPONT DRIVE, SUITE 200 IRVINE, CALIFORNIA 92612 (949) 474-2020 Fax (949) 263-5520 OVER FINANCIAL REPORTING AND ON We have audited the financial statements of the City of Diamond Bar, California as of and for the year ended June 30, 2004, and have issued our report thereon dated October 15, 2004. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City of Diamond Bar's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of Diamond Bar's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance and other matters that are required to be reported under Government Auditing Standards. This report is intended for the information and use of the City's management, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. 4n,e A J41" I/ A5 go r..c Z . L I/ October 15, 2004 MEMBER5 OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION I E CONRADAND ASSOCIATES, ES, L.L.P Honorable Mayor and City Council City of Diamond Bar, California REPORT ON COMPLIANCE Compliance CFRT)FIED PUBLIC ACCOUNTANTS 2301 DUPONT DRIVE, SUITE 200 IRVINE, CALIFORNIA 92612 (949) 474-2020 Fax (949) 263-5520 APPLICABLE TO EACH WPLIANCE AND ON THl .RDS IN ACCORDANCE We have audited the compliance of the City of Diamond Bar with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to its major federal program for the year ended June 30, 2004. The City of Diamond Bar's major federal program is identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs is the responsibility of the City of Diamond Bar's management. Our responsibility is to express an opinion on the City of Diamond Bar's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City of Diamond Bar's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the City of Diamond Bar's compliance with those requirements. In our opinion, the City of Diamond Bar complied, in all material respects, with the requirements referred to above that are applicable to its major federal program for the year ended June 30, 2004. MEMBERS OF AICPA AND CALIFORNIA 50CIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION Honorable Major and City Council City of Diamond Bar Page Two Internal Control Over Compliance The management of the City of Diamond Bar is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the City of Diamond Bar's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants caused by error or fraud that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. Schedule of Expenditures of Federal Awards We have audited the basic financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 2004, and have issued our report thereon dated October 15, 2004. Our audit was performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by OMB Circular A-133 and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. This report is intended for the information and use of the City's management, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. October 15, 2004 i CITY OF DIAMOND BAR i Schedule of Expenditures of Federal Awards l Year ended June 30, 2004 Subtotal Direct assistance: EDI Special Project U.S. Department of Justice: Direct Assistance: Local Law Enforcement Block Grant U.S. Department of Homeland Security: Passed through County of Los Angeles, Office of Emergency Management: Homeland Security Grant Total Federal Awards 263,160 124,569 387,727* 54,507 14.246 B -03 -SP -CA -0087 20_._1,184 - 201,184 - 16.592 2003LBBX0299 24,281 - 24,281 _ 97.044 2003-35, OES 037-00000 - 13,730 13,730 488 625 138.299 626_922 54.507 (1) Based on actual cash receipts from July 1, 2003 through June 30, 2004 * Major program The accompanying notes are an integral part of this schedule. 4 Federal Grant/ Federal Grantor/ Domestic Project Amount Pass-through Grantor/ Assistance Identification Awards Award Award Provided to Program Title Number Number Received 1 Receivable Expenditures Subrecipients U.S. Department of Housing and Urban Development: Passed through County of Los Angeles, Community Development Commission: Community Development Block Grant Program - Entitlement Grant 14.218 D96901-03 $ 29,000 - 29,000 29,000 14.218 D96902-03 16,866 1,510 18,376 18,376 14.218 D96904-03 50,624 - 50,624 - 14.218 D96906-03 29,799 3,419 33,218 - 14.218 D99903-03 - 4,950 4,950 4,950 14.218 600098-03 2,181 - 2,181 2,181 14,218 600400-02 7,967 1,890 9,857 - 14.218 600503-03 119,018 47,144 166,160 14.218 600514-03 7,705 65,656 73.361 Subtotal Direct assistance: EDI Special Project U.S. Department of Justice: Direct Assistance: Local Law Enforcement Block Grant U.S. Department of Homeland Security: Passed through County of Los Angeles, Office of Emergency Management: Homeland Security Grant Total Federal Awards 263,160 124,569 387,727* 54,507 14.246 B -03 -SP -CA -0087 20_._1,184 - 201,184 - 16.592 2003LBBX0299 24,281 - 24,281 _ 97.044 2003-35, OES 037-00000 - 13,730 13,730 488 625 138.299 626_922 54.507 (1) Based on actual cash receipts from July 1, 2003 through June 30, 2004 * Major program The accompanying notes are an integral part of this schedule. 4 T CITY OF DIAMOND BAR Notes to the Schedule of Expenditures of Federal Awards Year ended June 30, 2004 �l) Summary of Significant Accounting Policies Applicable to the Schedule of Expenditures of Federal Awards (a) Scope of Presentation The accompanying schedule presents only the expenditures incurred (and related revenues) by the City of Diamond Bar that are reimbursable under federal programs of federal financial assistance. For the purposes of this schedule, federal awards includes both federal financial assistance received directly from a federal agency, as well as federal funds received indirectly by the City from a non-federal agency or other organization. Only the portion of program expenditures reimbursable with such federal funds are reported in the accompanying schedule. Program expenditures in excess of the maximum federal reimbursement authorized or the portion of the program expenditures that were funded with state, local or other non-federal funds are excluded from the accompanying schedule. (b) Basis of Accounting The expenditures included in the accompanying schedule were reported on the modified accrual basis of accounting. Under the modified accrual basis of accounting, expenditures are incurred when the City becomes obligated for payment as a result of the receipt of the related goods and services. Expenditures reported include any property or equipment acquisitions incurred under the federal program. (c) Subrecipients During the fiscal year ended June 30, 2004, the City disbursed $54,507 of its Community Development Block Grant funds to four subrecipients as approved by the County of Los Angeles. T CITY OF DIAMOND BAR Schedule of Findings and Questioned Costs Year ended June 30, 2004 (A) Summary of Auditors' Results 1. An unqualified report was issued by the auditors on the financial statements of the auditee. 2. There were no material weaknesses in internal control nor were there any reportable conditions. 3. The audit disclosed no noncompliance which is material to the financial statements of the auditee. 4. There were no material weaknesses or other reportable conditions in internal control over major programs of the auditee. 5. An unqualified report was issued by the auditors on compliance for major programs. 6. The audit disclosed no audit findings required by the auditors to be reported under paragraph .510(a) of OMB Circular A-133. 7. The major program of the auditee was CFDA # 14.218 U.S. Department of Housing and Urban Development — Community Development Block Grant (pass through assistance from the County of Los Angeles, California). 8. The dollar threshold used to distinguish Type A and Type B programs was $300,000. 9. The auditee was considered a low risk auditee for the year ended June 30, 2004 for the purpose of major program determination. (B) Findings Related to the Financial Statements which are Required to be Reported in Accordance with GAGAS There are no auditors' findings required to be reported in accordance with GAGAS. (C)-_ Findings and Questioned Costs for Federal Awards as Defined in Paragraph 510(a) at OMB Circular A-133 There are no auditors' findings required to be reported in accordance with paragraph .510(a) at OMB Circular A-133. 6 CITY OF DIAMOND BAR Summary Schedule of Prior Audit Findings Year ended June 30, 2004 There were no audit findings from the previous audit report issued for the year ended June 30, 2003. Agenda # 6.7 Meeting Date: _Tanuag 4, 2005 CITY COUNCIL �"��� ' -� AGENDA REPORT TO: Honorable Mayor and Members -the City Council VIA: Linda C. Lowry, City Manag " 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. 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/City 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 Agenda # 71 Meeting Date: January 4, 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Linda C. Lowry, City Manager ��ox� 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. BACKGROUND: 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. 2 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. 41 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 H 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 NIA 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 $ 91500 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. R 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 James DeStlafano 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 Ser ve Pt'estid 9taii � �auncil Allacat� 05 Fuca "+ RecatGons Altae�itios` Pubft' ervice 15%. $6 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/ Day Camp $12,050 $20,000 $12,050 Walnut YMCA Pre-Schooi $0 $11,200 $0 Project Sister Crime Prevention $0 $4,000 $0 Services COPS Funded COPS Eligible Service Center for Disability Independent Living Services $3,150 $0 $0 Sub -total $65,382 $134,923 $62,767 $0 ADMINISTRATION1,.0%$4. 1;�'� CITY OF DIAMOND Admin. $43,588 $41,845 $41,845 BAR Sub -total $43,588 $41,845 $41,845 7 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 2005-06 PROGRAM YEAR tsar — Lity riannmg 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 $0 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 i RESOLUTION 2005- 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 Januar, 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 4 Interoffice MEMORANDUM To: James DeStefano, Deputy City Manager From: Bob Rose, Community Services Director j2'zl Date: December 21, 2004 Re: CDBG Request Submittals — 2005106 Fiscal Year A. Senior Program Request: Please find attached the back-up documentation for the Senior Program C.D.B.G. request for FY 2005106. Following is the summary of the Senior Program request: 1. City Senior Program: 2. Diamond Bar Senior Citizens Club: a. Special Events $12,100 a. Liability Insurance $508 b. Friday Bingo $5,500 b. Supplies $460 c. Craft Classes/Newsletter $1,250 c. Printing 800 d. Senior Training (CPRS) $1,200 $2,268 e. Senior Coordinator $32,804.76 $52,854.76 3. Chinese Evergreen Senior Association: 4. Sunshine Seniors Group: a. Liability Insurance $1,200 a. Liability Insurance $1,000 b. Sick/Elderly Visits $1,200 $1,000 c. Medical Seminar $600 d. Classes for Seniors $1,800 e. Monthly Mtgs/Activities $1,200 $6,000 5. Diamond Age Senior Citizen Association: a. Liability Insurance $400 b. Excursion Program $2,400 c. Lunch Events 800 $3,600 Grand Total Senior Program Request: $65,722.76 B. Public Works Request for Community Services 1. Design (Plans and Specifications) for ADA Retro -fit Improvements at Paul C. Grow Park: $35,000 Grand Total Public Works Request (Paul C. Grow Park ADA Design) $35,000 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 200-2006 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project ma\ be attached. APPLICATION DEADLINE. December 7 2004 5:00 p.m. APPLICATION SIJIIIMARY Organization Project Name: SPnior Programminq Amount Requested: Location of Project: Heritage Park Community Center — 2900 S. Brea Canyon Diamond Bar Center — 1600 S. Grand Ave. Diamond Bar Funds would be used to: Conduct senior programming that will enrich the lives of the local seniors. Activities that would include specia events, classes, seminars, dances and Bingo. GENERAL INFORMATION OrL,anization Address, City: Diamond Bar Telephone/FaxNumber 9 0 9 . 8 3 9 . 7 0 6 7 E_A9b,,,tdyRge@ci.diamond-bar.ca.us Contact Person/Title: e Director of Community Services Officials authorized to represent organization and expend funds: Name: nr Title: Ma or Name: r;-4 Title: City Manager- Federal ana erFederal I.D Number/Non-Profit Status: This application is proposing a new existing project. (check). Has the project received past funding from the City of Diamond Bar? If yes, please identify the year/amount and source of funding: 2005/2006 GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing prectcel% µhat is to be accomplished with the requested funds Provide Baily senior drop-in programs for up to 260 per day. Develop and conduct a variety of recreation classes and programs for seniors on a daily basis,which meets the diverse needs of the seniors in Diamond Bar, Develop and conduct referral service based on requests of seniors in Diamond Bar. The new Diamond Bar Community/Senior Center opened on March 20, 2004. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Meet the special recreational and human service needs of a diverse group of seniors with a variety of diverse cultural back- grounds. The age group to be served would be seniors 55 years of age and older. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). The primary area of service is Diamond Bar; however we do service seniors from adjacent communities as well. PROJECT CLIENT PROFILE Diamond Bar :hents assisted in previous vear ��51 Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: 551 Describe the characteristics of client population in target area, including age, sex. income level, and ethnic background Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Is your organization familiar with the CDBG reporting requirements? yes FINANCIAL INFORMATION Please attach a proposed budeet of the project. Include all items that CDRG funds are beim requested to he used for. Inciude all other sources of funding and the total budQer of the or2amzan,-m I herebv certify that if funds are granted to our organization thev will be used to benefit loN, and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. 5ienature: Title: Date: 2005-2006 BUDGET PROCESS Senior Program — Special Events Estimated attendance 200 Seniors July 2005 WESTERN BAR-B-QUE & CASINO NIGHT Dinner S 14.00 pp $2,800.00 Casino 1,000.00 Decorations 200.00 Prizes 200.00 TOTAL $4,200.00 Revenue 20000.00 2,000.00 CDBG 2,201 .00 August 2005 HARVEST DANCE Dinner S 8.00 pp $1,600.00 Decorations 200.00 Entertainment 350.00 TOTAL 52,150.00 Revenue 200x6.00 1,200.00 CDBG 950.00 September 2005 ITALIAN FESTIVAL DINNER SHOW Dinner S 8.00 pp $1,600.00 Decorations 200.00 Entertainment 250.00 TOTAL 52,050.00 Revenue 200x6.00 1,200.00 CDBG 850.011 October 2005 HALLOWEEN DINNER DANCE Dinner S 9.00 pp 511.$00.00 Decorations 200.00 Entertaimnent 350.00 TOTAL 52,350.00 Revenue 200x8.00 1,600.00 CDBG 750.00 November 2005 HEALTH FAIR & FLU SHOT CLINIC Snacks $ 3.00 pp S 600.00 (Donated) Paper Goods 100.00 TOTAL S 700.00 CDBG 100.00 December 2005 HOLIDAY LUNCHEON & SHOW Dinner $ 11.00 pp 52,200,00 Decorations 200.00 Entertainment 350.00 Prizes 100.00 TOTAL S2,850.00 Revenue 2000.00 1,400.00 CDBG 1,450.00 January 2006 Dinner Decorations Entertainment Prizes TOTAL Revenue CDBG 50's DINNER DANCE S 5.00 pp $2,200.00 200.00 350.00 100.00 52,850.00 200x7.00 1,400.00 1,150.00 February 2006 VALENTINE DINNER DANCE Dinner $ 9.00 pp $1.800.00 Decorations 200.00 Entertainment 350.00 Prizes 100.00 TOTAL 52,450.00 Revenue 200x7.00 1,400.00 CDBG 1,050,10 March 2006 TEA LUNCHEON & FASHION SHOW Luncheon $ 10.00 pp $2,000.00 Decorations 200.00 Entertainment 250.00 Prizes 100.00 TOTAL $2,550.00 Revenue 2000.00 1,400.00 CDBG 1,150.00 April 2006 ICE CREAM SOCIAL & GAME SHOW Snacks $ 3.00 pp $ 600.00 Decorations 150.00 Entertainment 150.00 Prizes 50.00 TOTAL S 950.00 Revenue 200x2.00 400.00 CDBG 550.00 May 2006 Snacks Decorations Entertainment Prizes TOTAL Revenue CDBG MAY DAY DANCE $ 7.00 pp $1.400.00 200.00 350.00 100.00 52,050.00 200x6.00 1,200.00 H50.00 June 2006 HAWAIIAN LUAU & SHOW Dinner $ 9.00 pp $1.800.00 Decorations 700.00 Entertainment 250.00 Prizes 100.00 TOTAL 52,350.00 Revenue 200x8.00 1,600.00 CDBG 750.00 Special Events CDBG $12,100.00 Friday Bingo (90) Bingo Supplies (Cards) $2,500.00 Refreshments & Supplies 53,000.00 TOTAL $5,500.00 CDBG (Friday Bingo) $5,500.00 CRAFT CLASSES SENIOR NEWSLETTER PRINTING CDBG Senior Program Request: A. Special Events B. Friday Bingo C. Craft Classes & Newsletter D. Senior Coordinator E. Senior Coord. Training (CPRS) S 400.00 $ 850.00 $1,250.00 $12,100.00 5 5,500.00 S 1,250.00 532,804.76 S 1,200.00 GRAND TOATAL ESTIMATED CDBG REQUEST 552,854.76 June 2006 HAWAIIAN LUAU & SHOW Dinner S 9.00 pp S1.800.00 Decorations ?00.00 Entertainment '50.00 Prizes 100.00 TOTAL 52,350.00 Revenue 200x8.00 1,600.00 CDBG 750.00. Special Events CDBG 512,100.00 Friday Bingo (90) Bingo Supplies (Cards) 52,500.00 Refreshments & Supplies 53,000.00 TOTAL 55,500.00 CDBG (Friday Bingo) 55,500A0 CRAFT CLASSES SENIOR NEWSLETTER PRINTING CDBG Senior Program Request: A. Special Events B. Friday Bingo C. Craft Classes & Newsletter D. Senior Coordinator E. Senior Coord. Training (CPRS) S 400.00 S 850.00 $1,250.00 512,100.00 S 5,500.00 S 1,250.00 532,804.76 S 1,200.00 GRAND TOATAL ESTIMATED CDBG REQUEST 552,854.76 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2005-2005 PROGRAM YEAR Funding is contingent upon the project's eii-ibility under the 1974 Housing and Community Development Act as amended. This application must be completed. and supplemental information regarding the organization and proposed project ma\ h-_ attached. APPLICATION DEADLINE: December 7. 2004 5:00 n m APPLICATION SUMMARY Omanizauom DIAMOND BAR SENIOR CITIZENS CLUB Project Name: entertainment Amount Requested: 32268.00 Location of Project Diamond Bar Center, 1600 Grana Ave., Diamond Bar Funds would be used to: Promote good companionship, entertainment recreationand for Senior Citizens. GENERAL INFORNIATION Ur!,,anizauon Address: 1600 Grand Ave. City: Diamond Bar Telephone/Fax Number 09-61 2-4 580 E-mail Address: Contact PersortCTitle: Thomas wuetcher - -- President Of hcials authorized to represent organization and expend funds Name: Thomas Wuetcher Title: President !dameMary Woolf Title: Treasurer Federal LD Number/Non-Profit Status: 95-3330474 This application is proposing a new exisung X project. (checkl. Has the project received past funding from the City of Diamond Bar? Yes If yes. please identify the year/amount and source of funding: 1999/2000 — �2163 —CDBG 01 - 2263 - CDBG 2001/2002 - $263 - CDBG , 2002/2003 - $263 - CDBG , 2003/2004 - $2.68 - CDBG , 2004/2005 - $508 - CDBG GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project b} describing precizel\ ,khat is tee be accomoii.shed wirh the requested funds. 1. Liability insurance for Seniors of the Diamond Par Senior Citizens Club. 2. Kiticnen supplies for weekly meetings. 3. Printing for Club membership books, by-laws and membership books. Describe the specific purpose of the project; identify the problems the project is intended to solve. and the age group of those to be served. To promote good entertainment and recreation and the opportunity to participate in senior activities. The age group of those served is primarily over 60 years of age. ]dentifv and describe the geographic boundaries of the target area. (Attach a map if appropriate Primary target area is Diamond Bar but includes some nearby surrounding areas. PROJECT CLIENT PROFILE Diamond Bar clients assisicd in previous year: 375 Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: 300_ Describe the characteristics of client population to target area. including age. sex. income level. and etinntr background. Relate host the project will meet the federal requirements of benefiting low/moderate income persons. Client population characteristics are both male and female over 60 years of age with a mix of ethnic background mainly living on a fixed income. The project will serve and provide community service for low and moderate income persons and address the Community Developement objectives the City proposes to pursue. Is your organization familiar with the CDBG reporting requirements'? Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all nems that CDRG funds are betnR reouested 1c be used for. Include all other sources of funding and the total budeet of the carreantza(tc)n 1. See attached request for 2005/2006. 2. See attached Club budget for 2005. I hereby certify that if funds are granted to our organization they will be used to benefit lornk and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City wifl define other reporting provisions and federally required assurances. 5tunature Title- It S !, "V / Date: �/ — - U 0 DIAMOND BAR SENIOR CITIZENS CLUB 2005-2006 Liability Insurance 5508.00 2. Kitchen Supplies for weekly meetings. $960.00 Coffee, napkins, cups, paper plates, plastic forks, knives & spoons, creams & sugars. 3. Printing -Club Membership book, by-laws and membership cards. S800.00 Total request for 2004-2005 S2268.ft PROJECTED BUDGET 2005 RECEIPTS Dues 50150 Bingo Pull Tabs Daubers City Birthday Club Activity CDBG Funds -Club Liability Ins. TOTAL RECEIPTS EXPENDITURES Lunches 50150 Tickets Bingo Supplies Pull Tabs Daubers City Birthday Club Activity CDBG Funds -Club Liability Ins. Miscellaneous Entertainment Gifts Weekly Meeting Goodies Birthday Cakes Bread Pickup Memorial / Cards Kitchen Supplies Film Printing (Membership Cards, Books '& By -Laws) $3.50000 $3,600.00 $900.00 $3,060.00 $27600 $350.00 $508.00 $12,194.00 $2,692.00 $300.00 $900.00 $900.00 $240.00 $100.00 $508.00 $1,140.00 $600.00 $450.00 $960.00 $600.00 $480.00 $480.00 $960.00 $84.00 $800.00 TOTAL EXPENDITURES $12,194.00 11/30/2004 10:04 9494860779 EN ENGINEERING PAGE 01/03 3 / CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2005-2006 PROGRAM YEAR Funding is contingent Capon the proje'ct's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: Dccc �,r 7,20W 100_P.tn. APPLICATION SUMMAR4" %) Organization: /li✓ "_icw Project Name: Location of Project: GENERAL INFORMATION Organtzatmn Address: 2 City: Telephonc/Fax Number E-mail Address: �,___•__��f. - Contact Person/Title: Officials authorized to representorganizationaannd`expeend funds: / Name: •� ��rT7D7C Name:% L ��'�_- Title: Federal LD Number/Non-Praftt Status: Ei This application is proposing a new existing roject. (check). Has the project received past funding from the City of Diamond Bar? --� If yes, please identify the year/a Punt and sours f funding: Gd 7� �$ — 11/30/2004 10:04 9494860779 EN ENGINEERING PAGE 02/03 GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is 10 be accomplished with the requested funds. ` Describe the speciirc purpose of the project; identify the problems the project is intended CO solve, and the age group of those to be served. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: .40 'fie,1,� '6 Diamond Bar clients assisted which meet the low/moderate income requ'i'rements: _ 441/ Diamond Bar clients expected to be assisted in new project ycar� Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project wi eet the federal ---- persons. retiuiremenLs oTEencfiting lowlmoderate income Gl0� e f ASV 1s your organization familiar with the CDBG reporting rcquirements? S 11/30/2004 10:04 9494860779 EN ENGINEERING PAGE 03/03 FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDPD funds are being rcqucsted to be used for. Include all other sources of funding and the total budget of the organization. , ZZ I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define othet reporting provisions and federally required assurances. Signature: Title: Datc: FROM TORNG FRX NO. : 909 5955833 Dec. 02 2004 10:50AM P1 121@1/2e"4 1;: ?2 9C� _ �53E = I .MC, . "c #2 PaG_ ?1 CITY OF DIANIOItiD BAR COMMUNITY DEtiELOPNIENT BLOCK GRANT REQUEST FOR PROPOSALS 2005.2006 PROGRAM YEAR Funding is contingent upon the pro+t• is eligibility under the 1474 Housing wid Community Development A,= a; amended, This application must be completed, and supplernental ilfOrrnation regarding the organization andpropnscc project may be attached. AFPLTCATl0N OzADLM: ptn APPLICATION SUMMARY OrgartiYarion: 17( es e eek PSI/d �SSOG/fit% Project Name: , , , b a o _ Amount Requesrcd: �j � L.ac9tion of Project (A onrii` Fuad would be used Co. �' ��SUYR�/JCQ o b .-jam . �2. 'T, / I m, til L�eN 5 amd 'r IE i�"iC(l��G �2,o QtiG eY� alSt4- Y c5�i/i�r'f �o�� GENERAL I.1NFORMMATIO Ciry: TclephoadFax Number;,�L�,�_�-1i�3�� �3q� —•��—,�,,,L. E•rna3, Addrosa; Contact P:rsanfi'j@e: or7J rt? ` 2� r7Q c hit �v C Yc�sid,� C'�f1) Off'CWS authorized to rcpresea: opganizritinn and upend fltnds: i`Ia.ne_ L241 aYo - �Yel i�Pr Xame jo e Federal I.D NUMber/NGn-profit Statu& ' This apniicat on iR prgppsrng a new e>tis3ing �-_---project. (ehack?. Has the project rAccirad peat funding from the City of Diamond Bar? •, 4 tf ver, phase identify the year(Amagnt and tourcc of farsding: . t FROM : TORNG FAX NO. : 909 5955$33 Dec. 02 2004 10:51AM F2 1'2)/01/2@84 18: aa��__=�fi t GOALS AND OBJECTIVE OF PROJECT provide a detaiW description of the p*3poitod project by descr%' OS pre:ice4 what a to be aeco.nphshed wish i5e ret;uested funds. °y 4%e 1'Mp-oVzP1&7' ane( 2nJoyrn t. of 'q// -tie S2hrvr Cl�i�.en,S �n "("lie G%fy o! J�raf»c�rd ,bGtY Duzribe :he &Wife purpose of the project; idetttil� the problems the pmivel is ittcended to soire, and the age ;roup of tnosc to be served.. pro vid es .�`o -��ie se+/ions , f -Dr`amond �r Ye4Avs c ld gor ober a �,�� fartabie. places an� a�-�iv�fi�S fa imPyarle f/he7r Z-PIksA sk�li, /�2a/tlr, all ma veab�/i�i,°S identify and describe the gwgraphic boundaries of the target area. (Attach a map if appropriate), PROJECT CLIENT PROFILE Diamond Bar c:ierts assisted iC previous year.���� Diarrmond Bar clients assisted Which mets the lowlmodarute iruarne requirements: Diamond Bar cberm expected to be Misted in now project year- Describe ear Describe the Chuacteristics of client populatit]n in tuget arta, iaeludirtg ate, sex, i=me Isval, aid ethnic backZround Reiatm how the project wAll meet the federal requirements of ben iting IvWmoderate incorm persons. Or TIL S/6th ✓PiYtiGJ' G/ em. S rti �raA»enR i l' (ohJ rn Conus dingy{ Yto rncome.5. Is your organisation familiar wit3 the CDBG reputing requirements, A10 -ROM : TORNG FAX NO. : 909 5955233 Dec. 02 2004 10:51AM P3 Be Di+aMUN,. EMIR CFWTen °AGc d2 ' t FI.NAINCIAL U FOR-MATION Please attach a ¢rOpOu)d budget of the project. Include ai' itern5 that CDFG funds aro bcir.g reqs fisted Ie be used for. tnelt:de al. othsr sources of fundintj and the royal budge: of tine org�rual!on. moo . TZ 3. ✓f511 Sil P Y�Grji .j� 00, T f 4rcb(i�qtgg( � i funds are granted to ottr organization they will be usod to benefit low and low/moderato income residents of tha City of Diamond Bar, WO Undersund than the forma; agree t the City writ! dcr]ne ether reporting provisions and federally required assuranees. tstem with Signature: Date: Pott -it' Fax Noce 7677 pats Ah r"`�V t'Erh SPr ?,r C Phoft a Fax m t CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GR-iNT REQUEST FOR PROPOSALS 200-2006 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Communit% Development Act as amended. This application must be completed. and supplemental information regardin17 the organization and proposed project may be attached. ` APPLICATION DEADLINE: December 7 20D4 5:OOpm. APPLICATION SUMMARY Organization: IIA �-E e AS P l Project Name: ' `' t�I Amount Requested: ? (-tom Location of Project r Funds µould be used to: 0"w" r V - GENERAL INFORMATION Ur-"anizauon Address. l '7 Te"' J�- Z CiIS': _ �tAtnfLn QtiQ Telephone/Fax Number E-mail Address: Contact Person/Title. Otfic¢als authorized to represent organization and expend funds: Name l7R, iia r-+-��/ Title: r Name Lt i i L� Title: �:,') W1 C� c3 : Federal I.D Number/Non-Profit Status: � 1 f� r6- U This application is proposing a new ✓ existing ��roject. (check), Has the project received past funding from the City of Diamond Bar? 4 If yes, please identify the year/amount and source of funding: GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project b- describing preci�el% what Is to he accomplished with the requested funds. � Q i;YJfL��l�'rt: V�jIfflJt,�l CE= 1����7 lu�•;i�NJ�y Uig J [' Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. (.Hfrf,., QA U;: L I �tt4 Tit �, A��NZrCtin tom,,' ,!'i i 11t w k �,L Tt• if(17EIV vii fiS �0 yl irf fj#iIlk C" o 4 9 Nc 7 Set, r3Lqyn4 Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). PROJECT CLIENT PROFILE Di,imund Bar Clients assisted in precious year: rl� Diamond Bar clients assisted which meet the low/moderate income requirements: 0Ctj; Diamond Bar cijents expected to be assisted in new project year: ZiC.L Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. rhY4i�( �Vl: srlLuif��fZS Rr.t, ntz ' i�lnl� Is your organization familiar with the CDBG reporting requirements? u i FINANCIAL INFORMATION Please attach a proposed budget of the project. Include al! Items that CDRG fund, are bele= reouested t, be used for Include all other sources of funding and the total budLzet of the ornan[zanon r-tr' o t t . �'I L 1� C C>UC I�RV L'L JFK (y�L:(A t\ 4t �;ia I hereby certifv that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar, We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signa[ure I�: I Title: late: 1r+1g CITY OF DIAMOND BAR -- COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2005-2006 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: APPLICATION SUMMARY Organization: Project Name: Location of Project: December 7 2004 5:00 p.m, DIAMOND BAR/WALNUT YMCA SCHOOL AGE CHILD CARE $34,000. Amount Requested: 22600 Sunset Crossing Road, Diamond Bar, CA 9I 765 Funds would be used to: Subsidize weekly program fees for boys and girls ages 5-I5 from low and- :_.. are is $50 per %meek;_.Aftf-.r Rchuof ChilA Care fees for Kindergarten are $110 per week and grades 1-8 are $95.00 per week in addition to an annual em ers tp ee o egistrat�on ee an 5 quipment ee. GENERAL INFORMATION Organization Address: 22600 Sunset Crossing Road City: Diamond Bar Telephone/Fax Number: 909/860-9622 909/860-3957 L E-mail Address nmatthews(,u)pomonaymca orP Contact Person/Title: Meghan Gorden, Program Director or Phyllis A. Murphy, General Director & CEO Officials authorized to represent organization and expend funds: Name: Phyllis A. Murphy Name; Phyllis Matthews Title: - General Director & CEO Title Administrative Assistant Federal I.D. Number/Non-Profit Status: — 25-1641226 This application is proposing a new existing X project. (check). Has the project received past funding from the City of Diamond Bar? Yes If yes, please identify the year/amount and source of funding: CDBG funding— 1992/93434,000; 1993/94-$26,000; 1997-98-$28,000 ; 1998-99-$15,000; 1999-2000- $15,000 until Dec '00 then increased to $30,000; 2000-2001415,000; 2001-02-$20,000; 2002-03-$27,500; 2003-04 $27,500 — transferred $5,000 to Day Camp — increased $6,500 in September; 2004-05 - $18,375 GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. CDBG funding to help pay School Age Child Care fees will enable children from low -moderate income families to enjoy the benefits of a safe, structured, fun environment After School while their parents are working. YMCA School Age Child Care Programs provide healthy alternatives to "latch key " kid and involve boys and girls in activities that promote character and esteem building in keeping with the YMCA's emphasis on the "CORE" values of honesty, caring respect and responsibility in programs. Good citizens of any ages benefit the community at large. CDBG funding will go directly to program fees. Each family receiving assistance is required to complete a financial assistance application with all necessary documentation (including proof of residence in the City of Diamond Bar) and is required to pay partial fees, resulting in a sense of pride and responsibility in providing care for their children, Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Boys and girls, ages 5-15, in YMCA School Aged Child Care Programs are involved in a variety of activities supervised by caring, YMCA trained staff. Supervised homework time is scheduled each day with individual tutoring available as needed. The program offers community service projects, crafts, sports, and other opportunities to help build social and practical skills building good community members. Children are picked up from school each day, safely transported to the child care site, thus eliminating a variety of temptations and potential "hanging out " at local merchants, etc. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate), Citywide in the City of Diamond Bar. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 14 beneficiaries — 2 240 client contacts Diamond Bar clients assisted which meet the low/moderate income requirements: 14 beneficiaries - 2,24V client contacts Diamond Bar clients expected to be assisted in new project year: 18 children x 5 days/weekx 32 weeks Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Boys and girls ages 5-15 from families who are low income ($11,441 to $19,300) to moderate income ($19,301 to $30,850) from all ethnic backgrounds (last year 36% were African American; 29% Hispanic, - 14% Anglo; 14% Asian American and 7% Mid -Easter). 36% of youth were from very Low Income families, 14% from Low Income Families and 50% from Moderate Income Families Is your organization familiar with the CDBG reporting requirements? Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. Please see attached. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: �_ ►. y, Phyllis A. Murphy Title: General Director & CEO Date: December 7. 2004 Meghan, orden Program Director December 7, 2004 2005 Budget School Age Child Care Revenue -,._$ Grants 4,000- --- ram Fees ---- $ 794_..Pro 2,2 Total Revenue- $ 331,924 - Expenses Salaries $ 160,580 Health Insurance/Retirement $ 19,036 ' Payroll Taxes/Workers Comp $ 29,148 Data Processing/Accounting -- $ 8,500 - Supplies _. --_ - — $.... 18,35_0. - .. Media -- - - Telephone - - _Postage_ $ --4,500 --- -- - — _ $ 900 __ -!.License andPermits $ 2 60 0 ---.-.Occupa/R -nc- Y- ent ._._. - - ' $ - 29,400___ ..._ _Equipment--- -.._ Maintenance _. -_ $ _ -- 6,000 Insurance -- 27,5ao _ -- - -- Prog ram AdvPromotion -9. - ... ertisin - / $ -- 1,200 Food Cost-Program/Tra nsportation -- $ 14,660 - Training Expense $ 2,5b0 Membership Dues $ 500 Total Expenses $ 326,874 Outcome $ 5,050 CITY OF DIAMOND BAR -COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2005-2006 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: December 7, 2004 5:00 a.m. APPLICATION SUMMARY DIAMOND BAR/WALNUT YMCA Organization: DAY CAMP $20,000. Project Name: Amount Requested: Location of Project: 22600 Sunset Crossing Road, Diamond Bar, CA 91765 Funds would be used to: Subsidize weekly program fees for boys and girls ages 5-15 from low and moderate income Diamond Bar families. Day Camp Programs include full-day care during the summer, student -free school days and Holiday camps during winter ands rinschool vacations. Weekly fees are $120 — Annual fees are : Re istration $15; YMCA Membership - $15 for 3 mos. or $45 Annual GENERAL INFORMATION Organization Address: 22600 Sunset Crossing Road City: Diamond Bar Telephone/Fax Number: 909/860-9622 909/860-3957 E-mail pmatthews omona mca.or Contact Person/Title: _Meghan Gorden, Program Director or Phyllis A Murphy, General Director & CEO Officials authorized to represent organization and expend funds: Name: Phyllis A. Murphy Title: General Director & CEO Name: Phyllis Matthews Title: Administrative Assistant Federal I.D. Number/Non-Profit Status: 95-1641976 This application is proposing a new existing X project. (check). Has the project received past funding from the City of Diamond Bar? Yes If yes, please identify the year/amount and source of funding: CDBG funding — 1992/93-$1,674; 1993/94-$11,500-,1994-95-$ 15,000; 1995-96415,000; 1996-97-$13,000; 1997-98-$13,000 ; 1998-99-$6,500; 1999-2000- $7,500 (increased $15,000 in Dec '00); 2001-200I-$6,500; 2001-02-$11,500; 2002-03-$14,000; 2003-04- $14,000 +$5,000=$19,000; 2004-05-$12,050 Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The Diamond Bar/Walnut YMCA provides families with a safe place and quality care for children of working and single parents. The requested funds will be used to subsidize day camp fees for moderate and low-income families in Diamond Bar. Each family is required to show proof of income and residence and pay a small part of the Day Camp Fee, with the larger balance paid through CDBG funds. Having families participate in a small way in payment of their children's Day Camp, fees has proven to help families feel more vested in the YMCA and in their children's care while they are working, resulting in a greater sense of pride and responsibility. Day Camp fees are $120 per week, membership is $15.00 and registration is $10.00. The requested funds go directly to pay program fees. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Over 200 families throughout the local community enroll their children in YMCA Day Camp Programs, which provide programs for boys and girls ages 4 and entering Kindergarten through age 16. Day Camp offers great alternatives to children being left at home unsupervised or getting involved in unwholesome activities while parents are working. YMCA Day Camp Programs incorporate the "CORE" values of Honesty, Caring, Respect and Responsibility", offer participants a wide variety of'activities, field trips, and esteem building experiences in a safe environment with lots of other potential friends — all supervised by caring YMCA- trained staff, We encourage participants to grow as a family unit and individuals to participate in values education, physical fitness and community service they may not otherwise receive. The requested funds allow families from low or moderate incomes to participate in Day Camp. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate), The targeted area includes the entire City of Diamond Bar. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 22 beneficiaries — 1,100 client contacts Diamond Bar clients assisted which meet the low/moderate income requirements: 22 beneficiaries - 1,100 client contacts Diamond Bar clients expected to be assisted in new project year: 30 new beneficiaries —1,500 client contacts Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Bovs and girls ages 5-15 from families who are low income ($'11,441 to $19,300) to moderate income ($19,301 to S30,850) from all ethnic backgrounds (last year 46% were African American, 23% Hispanic; 19% Anglo and 12% Asian American. 78% of the youth came from low income families and 22% from moderate income families Is your organization familiar with the CDBG reporting requirements? yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. Please see attached I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: P!tyllis A. Murphy Title: General Director & CEO Date: December 7, 2004 Mcghdn Gorden J Program Director December 7 2004 Diamond BarlWalnut YMCA 2005 Budget - Day Camp iRevenue Grants- - - OQ' - -- 9 - -- -- - Pro ram Fees 100 p Total Revenue $ 123,110 i +Expenses - Salaries — -- - - - $ 51,60p - ealth Insurance/Retirement $ 5_,375- ,375Payroll P ayrollTaxesNVorkers Comp $ 9,260 Data ProcessinglAccountin - - _ _..... g $ 4,100 s-uppliiesne $- 6,000 Tele ho - P---- $ 350 Postage - - $ 300 License and Permits $ 350 Occupancy/Rent $ 400 Equipment Maintenance $ 1,200 Insurance $ 10,100: Program Advertising/PromotioNMedia $ 350 _Food Cost- ProgramlTransportation - $ 15 000 Transportation Rental 'Training $ 14,800 Expense ..._ nse - P _ _ 1 $ ___00__ 1, 5 - ;Membership Dues $ _ Total Expenses$120,685_--- nses - -- Outcome $ 2,425 . 1 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS BAR*. 2005-2006 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and _ supplemental information regarding the organization and proposed project may be attached. APPLICATION SUMMARY Organization: Project Name: DIAMOND BAR/WALNUT YMCA YMCA Child Care -Pre -School Program $11,200. Amount Requested: 22600 Sunset Crossing Road, Diamond Bar, CA 91765 Location of Project: Funds would be used to: Subsidize weekly program fees for boys and girls ages 2 years, nine months to 5 years from low and moderate income families , Pre -School Program Fee for all -day child care is $480 per month; two days per week is $240.00 per month; three days per week is $325.00/month GENERAL INFORMATION Organization Address: 22600 Sunset Crossing Road City: Diamond Bar Telephone/Fax Number: 909/860-9622 909/860-3957 E-mail Address: matthew a omona mca. r Contact Person/Title: Meghan Gorden, Program Director or Phyllis A Murphy, General Director & CEO Officials authorized to represent organization and expend funds: Name: Phyllis A, Murphy Name: Phyllis Matthews Title: - General Director & CEO Title Administrative Assistant Federal I.D. Number/Non-Profit Status: 25-1641976 This application is proposing a new X existing project. (check). Has the project received past funding from the City of Diamond Bar? No If yes, please identify the year/amount and source of funding GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The requested CDBG funding would help pay Pre -School Child Care fees to enable children from low -moderate income families to enjoy the benefits of a safe, quality, affordable and fun place to be during their parent/s ' working hours. Activities are planned and supervised, by caring, YMCA -trained staff. Program hours are from 6:30 a.m. — 6:30 p.m CDBG funding will go directly to program fees. Each family receiving assistance is required to complete a financial assistance application with all necessary documentation (including proof of residence in the City of Diamond Bar) and is required to pay partial fees, contributing to a sense ofpride and responsibility in providing care for their children. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Pre -School boys and girls are involved in a variety of social and educational activities to enhance social and skills development and begin preparation for the transition to Kindergarten. Introduction to recognizing color, shapes, symbols and other age appropriate activities, including arts, crafts, story time, games and other activities are supervised by caring, YMCA trained staff. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate), Citywide in the City of Diamond Bar. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: New program —not funded at this time Diamond Bar clients assisted which meet the low/moderate income requirements: New program Diamond Bar clients expected to be assisted in new project year: 10 new beneficiaries -90 client contacts Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Boys and girls ages 2 years, 9 months to 5 years old — from families who are low income ($I1, 441 to $19,300) to moderate income ($19,301 to $30,850). Is your organization familiar with the CDBG reporting requirements? Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. Please See Attached 1 hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: Phyllis A. Murphy Title: General Director & CEO Date: December 7, 2004 Meghan orders Program Director December 7, 2004 Diamond Bar/Walnut YMCA - - - -- -- 2005 Budget Pre-Schoot Revenue Grants11.200 Program Fees $ 146,445 Total Revenue $ 157,645 - -- !_ - Expenses-- - Salaries $ 7.2,6.00 - Health Insurance/Retirement $ 7,100 _ —Payroll Taxes/Workers Comp $ 12,340 Data Processing/Accounting $ 5,000 Supplies - $ 7,085 Telephone $ 1,500 Postage $ 500 License and Permits $ 1,200 Occupancy Rent 7$ 7,000 _Equipment $ 5,436 I Equipment - Maintenance $ 1_1800 insurance $ 20,100 Program Advertising/Promotion/Media $ 950 'Food Cost-Program/Transportation $ 12,592 Training Expense $ 1,500 IMembership Dues Total Expenses $ 156,703 - _ outcome $ 942 CITY OF DIAMOND BAR - COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2005-2006 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application trust be completed. and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: December 7, 2004 500 p,m. APPLICATION SUMMARY Organization: Project Name: Amount Regies#ed_4,4,Q00 Location of Projec • Diamond Bar secolidaLy schools and retirement homes. as well as thg Diamond Bar Senior Center Funds would be used to: Provide sexual assault prevention education to teens and Young adults in Diamond Bar middle schools and high schools provide adult self-defense and awarenessprop-rams to residents of Diamond Bar to prevent7sexual violence resent information onersonal safe at communi health fairs in Diamond Bar -,offer Senior Safe ro ams to Diamond Bar seniors; to serve a total of 600 Diamond Bar residents in all Prevention Education programs in 2005-06, GENERAL INFORMATION Organization Address: P O. Box 1390 City: Cl r 91711 TelephonciFax Number: Telephone: (909) 623-1619; Fax: (909) 622-8389 E-mail Address: info@projectsister.org Contact Person/Title: Julie Boynton, LCSW. Executive Director Officials authorized to represent organization and expend funds: Name: Julie Boynton, LCSW Title: Executive Director Name: Melvina Gomez Title: Accou iting Mana er Federal I.D NumberNon-Profit Status: 23-711-6161 This application is proposing a new existing X project. (check). Has the project received past funding from the City of Diamond Bar? }_es If yes, please identify the year/amount and source of funding: 2004-05: 2 400. 2003-04: 2 400• 2002-03: $2,5007 2001-02: $2,500 GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to he accomplished with the requested funds. Resources from the City of Diamond Bar will allow Pro'ect SISTER's Teen Prevention Educators to respond to a gLeater number of requests for education and prevention classes on date and acquaintance rape and sexual violence at area schools clubs and teen organizations. Pro'ect SISTER will be able to ensure that more teens are introduced to new safe informationgain and/or increase knowled e of the qhs and realties of sexual violence learn what to do if they are sexually assaulted or harassed and learn risk reduction strategies_ Funds from the City of Diamond Bar will also support Senior Safety presentations by our Prevention Educators and include print materials for each senior participant. These materials address home safety, reflecting the fact that most elderly women who experience sexual violence are assaulted in their own homes. They also discuss personal securfty on nublic transportation and when driving,how to avoid becoming a victim of financial fraud and how to become more aware of one's surroundings.Tues are also taught for seniors' self-defense Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Our Teen Prevention Education proUms are directed toward students in middle schools and high schools when they are particularly vulnerable to violence that can change the direction of their lives. Accordin to the California Coalition Against Sexual Assaultt(CAI,CASAI 2004 re ort oun l women and teens aged 15-24 are at the highest risk for sexual assault and teens ages 16-19 are three and one-half times more likely than the general population to be victims ofra a attempted ral2e, or sexual assault. In a study involving over 6,000 students who had experienced sexual violence 84% knew their attacker. and 57% of all ra es occurred on dates. In fact recent studies indicate that 9% of girls and 6% of boys had already experienced some form of dating violence before hey reached high school. One in five female teens and one in 20 males in 9`t` throw 12' gade had ex erienced physical or sexual violence on dates. Often the traumatic effects of teen sexual violence wilE lead to hi h -risk behaviors in survivors' adult lives. Many serve time in prison for prostitution or drug use which comes at grlat cost to their children and society. Promect SISTER's Teen Prevention Education programs are designed to empower vLoun,g people in their middle school and high school years with the information they need to avoid date and acquaintance rape, victimization throw h date rape drugs and alcohol abuse and to dispel the myths and resent the facts about datin violence. Our intention is to help oun eo le avoid ever experiencing the trauma of sexual violence and its devastating aftereffects. Prosect SISTER'S Senior Safe Program aims to increase awareness among seniors of potential danuers and risks they may encounter from perpetrators who identify them as easy to victimize. These include sera hiles who often seek 'obs in nursing homes, sexual] a ressive elderly men in senior residential facilities or a etrators who seek elderly women known or unknown to them. Seniors are also victimized by elder abuse, proWLty crimes and crimes of financial exploitation- In Pro'ect SISTER's Senior Safety programs seniors learn safety measures that decrease their susceptibility to sexual assault, robbery,burglary, and financial fraud. Our programs empower seniors to feel more secure in the knowled e that victimization is not inevitable and that their retirement years can be as safe and roductive as the have anticipated. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Pro ect SISTER'S proizrams and services are available to residents throw hour the entire city of Diamond Bar. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 471 Diamond Bar clients assisted which meet the low/moderate income requirements: 27 Diamond Bar clients expected to be assisted in new project year: 600 mm Describe the characteristics of client population in target area, including age, sex, income level. and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Tarj4et population is comprised of middle and high school students and senior_ citizens of low -to - moderate income. Both males and females of all ethnicities are served. Seniors under HUD ell ibi y guidelines, are presumed eligible as persons of low to moderate income. Seniors in 2003-04 were over 65 years of age. Is your organization familiar with the CDBG reporting requirements? }_es FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: P Jt,vt, ! � Title: Executive Director /� Date: 12-- 4 r �I'YC PROJECT S.I.S.T.E.R. PROPOSED PROGRAM BUDGET FISCAL YEAR 2005-2006 J OTHER SOURCES OF REVENUE: Office of Emergency Services LAC Department Children & Family Services City of Azusa CDBG City of Baldwin Park City of Chino CDBG City of Chino Hills City of Claremont City of Covina CDBG City of Glendora CDBG City of La Puente City of La Verne City of Montclair City of Ontario CDBG City of Ontario/Narcotics Seizure City of Pomona CDBG City of Rancho Cucamonga City of San Dimas City of Upland CDBG City of Walnut CDBG City of West Covina CDBG City of Whittier CDBG Rose Hills Foundation Foundations — Other Fundraising Events United Way Contributions Program Service Fees $338,300. 55,000. 4,000. 4,900. 5,000. 4,000. 3,000. 3,500. 9,000. 7,300. 4,500. 3,000. 6,500, 6,000. 18,000, 10,000. 2,400, 3,500. 3,000. 7,500. 6,000, 50,000. 92,600. 50,000, 34,000. 50,000. 15,000. PROPOSED OTHER SOURC£SA FISCAL YEAR 2005-2006 PROPOSED DIAMOND BAR PROGRAM BUDGET CDBG ALLOCATION Personnel $ 2,658.48 $ 529.037.52 Equipment $ 35.00 $ 6,965.00 Supplies $ 60.00 $ 11,940.00 Consultant Services $ 125.00 $ 24,875.00 Occupancyllltflities $ 325.00 $ 64,675.00 Audits $ 37.50 $ 7,462,50 Other $ 759.02 $ 15],044.98 Subtotal (Must equal A.10, page 1-1) $ 4,000.00 $ 796.000.00 Subtotal Percentage of Program Budget 0.5% 99.5% TOTAL $ 800.000.00 J OTHER SOURCES OF REVENUE: Office of Emergency Services LAC Department Children & Family Services City of Azusa CDBG City of Baldwin Park City of Chino CDBG City of Chino Hills City of Claremont City of Covina CDBG City of Glendora CDBG City of La Puente City of La Verne City of Montclair City of Ontario CDBG City of Ontario/Narcotics Seizure City of Pomona CDBG City of Rancho Cucamonga City of San Dimas City of Upland CDBG City of Walnut CDBG City of West Covina CDBG City of Whittier CDBG Rose Hills Foundation Foundations — Other Fundraising Events United Way Contributions Program Service Fees $338,300. 55,000. 4,000. 4,900. 5,000. 4,000. 3,000. 3,500. 9,000. 7,300. 4,500. 3,000. 6,500, 6,000. 18,000, 10,000. 2,400, 3,500. 3,000. 7,500. 6,000, 50,000. 92,600. 50,000, 34,000. 50,000. 15,000. 1 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2005-2006 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE APPLICATION SUMMARY Organization: Project Name: December 7, 2004 5:00 p.m. ;1�dG i�Ti✓,v ��% . /' Amount Requested: 41/1 / Location of Project: G ll/ � 6_11Xz n{ — (f - I o _/ i /9lh v yt L�� n � Funds would be used to: F /ass �_�sa ice + /d w ^4 7_7,Xc AIAN-,yzdv tAi W S h/ PYhd✓ / )d^l �r� ✓vtr+c�r /r ,4Cc."4rn4 /1' ` 4 i-, r 49 r, ecr5 . GENERAL INFORMATION Organization Address: PU 4ox yU'i C /Z q City: Telephone/Fax Number- J e"' ' U — ��° E-mail Address: Contact Person/Title: Officials authorized to represent organization and expend funds: / Name: jn r�e r/q'°,��v.} Title: a 1 ear Name: a, Z72�v Title: _ %2eaS(�rer Federal I.D Number/Non-Profit Status: This application is proposing a new existing '�� roject. (check). Has the project received past funding from the City of Diamond Bar? >,,-_5 1F yes, please identify the year/amount and source of funding: �,r/S,° V GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). � LL PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: I� — lV_ 1� . Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. f J NG f s �i-��/►'+ r �i..rt. ��/L �1r-�. �JP` C ,y wn.:. i � . � � ��f /I .►� n / /�C �.�� et1' "' tl1^eJ /�i+pl`crl. Is your organization familiar with the CDBG reporting requirements?� FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDRG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. /� f Kd (� Al A b (t I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances, Signature: Title:i2��Jvre i Date: %,2 - (�'--,, � - /,, --- -' CITY OF DIAMOND BAR I I l i COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS V 2005-2006 PROGRAM YEAR ,A$Q Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. APPLICATION DEADLINE: December 7 2004 5:00 p.m. APPLICATION SUMMARY Organization: Public Works Division Project Name: 2005-06 CDBG Program Sidewalk Installation Amount Requested: $150,000.00 Location ol' Project: west side Diamond Bar Boulevard along the SR 57 Freeway approximately between Solitaire Street and the SR 60 Freewav Funds would be used to; upgrade existing -street ri lit -o -way with Bans of sidewalk placement to 7rovide continuity for pedestrian access and ADA accessibility west side Diamond Bar Boulevard. FY 04105 Lands will be inadequate to complete the construction o 'the proiect. GENERAL INFORMATION Organization Address; 21825 Co lev Drive City: Diamond Bar Telephone/Fax Number: 909-396-56711909-861-3117 E-mail Address: Contact Person/Title: Kimberly Molina Assistant Engineer Officials authorized to represent organization and expend funds: Name: David G. Liu Name: Federal I.D. Number/Non-Profit Status: Title: Director o "Public Works Title: This application is proposing a new existing X project. (check) Has the project received past fundingfrom the Citv of Diamond Bar? Yes If yes, please identify the year/amount and source of funding: FY 04/05 $195,915 of CDBG Funds GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Proposed sidewalk locations are on the west side of Diammnd Bar Boulevard along the SR 57 Freeway approxirnately between Solitaire Street and the SR 60 Freeway. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. The project will upgrade existing street right-of=wav with gaps of'sidewalk to provide continuity for pedestrian access and ADA accessibility along west side Diamond Bar Boulevard. The project is intended to serve all age groups of the general public. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). See attached E_rhibit "A". PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: eneral p ublic Diamond Bar clients assisted which meet the low/moderate income requirements: general public Diamond Bar clients expected to be assisted in new project year: general public Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons Is your organization familiar with the CDBG reporting requirements? Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. See attached Exhibit "B ". I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define her reporting provisions and federally required assurances. Signature: 'J� \ Title: Director of Public Works Date: lam/ 7/ Sc W -A IA"113I11 "All PROJECT L OCA TION CITY , WIN_- o Nin'°°`'; 0 rf neo a w nlyP'� r 1-i rMN Poms 6 S� EXHIBIT "B" CITY OF DIAMOND BAR DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES PUBLIC WORKS DIVISION COST ESTIMATE SUMMARY PROJECT: 2005-2006 Program Year Community Development Block Grant Construction Cost Estimate: ITEM NO. DESCRIPTION WRITTEN IN WORDS ESTIMATED QUANTITY UNIT UNIT PRICE AMOUNT 1 Excavate/dispose of material 1 LS $55,000.60 55,000 002 $55,000.00- 2 Reset sin post 4 EA $100.00 $400.00 3 Draian a improvements 1 LS $25,000.00 $25,000.00 4 4" thick sidewalk 34,950 SF $5.00 $174,750.00 5 PCC curb ramp 4 EA $1,500.00 $6,000.00 6 PCC driveway 2 EA $2,500.00 $5,000.00 7 AC Patchwork 73 LF $7.00 $511.00 8 Replace damage PB 1 EA $200.00 $200.00 9 Reset Monument 1 EA $1,000.00 $1,000.00 10 Ad ust PB 7 EA $100.00 $700.00 11 Adjust Manhole 4 EA $500.00 $2,000.00 12 Adjust water valve 2 EA $150.00 $300.00 SUBTOTAL: $270,861.00 CONTINGENCIES: $40,629.15 TOTAL COST: $311,490.15 Design, Construction Administration and Inspection Cost Estimate: TOTAL PROJECT COST: SUBTOTAL: $26,300.00 CONTINGENCIES: $3,700.00 TOTAL COST: $30,000.00 Construction: $311,490.15 Design, Construction Administration & Inspection: $30,000.00 TOTAL COST: $341,490.15 FY 04/05 CDBG Funding: $195,915.00 TOTAL COST Required to complete Project: $145,575.15 SAY: $150,000.00 Agenda # 7.2 Meeting Date: January 4, 2005 CITY COUNCIL rh<< AGENDA REPORT TO: Honorable Mayor and Members 9f the City Council VIA: Linda C. Lowry, City Manage��V,---u' 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: ✓lyi.. �nn J. L ngu, ssociate Planner f Jam1J DeSt no, Deputy City na( Pa 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. 3 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. 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. 1 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-1-20,000 to Rural Residential (RR); to 2 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 1 970 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; 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 steeper2:1 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 property as defined in the approved Fuel Modification Plan; o Compliance with Federal Clean Water Act and the National Pollutant IR 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. Q) 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 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. 5 (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. 5. 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 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 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 7 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 apart 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 9 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) Ali 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 Works/EngineeringDivision 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. 10 (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. (1 p) 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 11 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) 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. 12 e. Gradin (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 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; 13 (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. (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 NP©ES requirements. (11) No grading or any staging or any construction shall be performed priorto 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. 14 (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 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. 15 (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. (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. i. Sewers (1) Prior to final map approval, applicant shall submit a sanitary sewer area 17 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 CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Wen P. Chang, Mayor W 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 JanuaN, 2005 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 19 Linda C. Lowry, City Clerk, City of Diamond Bar 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. 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 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 PASSED, APPROVED AND ADOPTED THIS DAY OF 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Wen P. Chang, Mayor f, 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: Linda C. Lowry, City Clerk, City of Diamond Bar 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, Irthe 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 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 PASSED, APPROVED AND ADOPTED THIS DAY OF 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Wen P. Chang, Mayor 1, 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: 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 REMOVAUREPLACEMENT 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. 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. 1 B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. 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 development of five single-family custom homes; to change the existing zoning from R-1-20,000 to Rural Residential (RR); to 2 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. 3 (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, 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 rd 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 (f) 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 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 • 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 5 apply to the development of future homes. Foundation design will be required to comply with the Califomia 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. 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 (f) 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 (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 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 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 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 E 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 10 "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 Buyers Awareness Program" shall encourage, the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste 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 11 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 apart 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. 12 (5) Prior to recordation, the final map shall comply with all Fire Department requirements. d. Public Works/Engineering Works/EngineeringDivision 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 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 13 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) 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. 14 (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 activitieslimprove ments be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. e. Gradin (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 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: 1s (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. (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. 16 (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 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. 17 (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 MR 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 Fre 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. 19 (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. 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 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) f=orthwith 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. 20 APPROVED AND ADOPTED THIS 4TH DAY OF JANUARY 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. 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: 21 Linda C. Lowry, City Clerk, City of Diamond Bar NOVEMBER 23, 2004 Page 4 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 7.3 Vesting Tentative Tract Map No. 53670, Zone Change 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: Southerly Terminus of Alamo 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 staff's report. Staff recommended that the Planning Commission recommend certification to City Council of the Draft Environmental Report No. 2004-01 (SCH#2003071051) and recommend NOVEMBER 23, 2004 Page 5 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 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? AssocPlLungu 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. DCMIDeStefano 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. DCMIDeStefano stated that the project known as Tract 53430 was in the development stages. A Draft EIR was distributed to the public and the public NOVEMBER 23, 2004 Page 6 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 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low McManus, Tye None 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 8. PLANNING COMMISSION 69MMENTS AND INFORMATION ITEMS: VC/Tanaka wished everyone a sNfe and happy Thanksgiving Holiday. r PLANNING COMMISSION kRN AGENDA REPORT 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: II" November 23, 2004 October 25, 2004 Vesting Tentative Tract Map No. 53670, Zone Change No. 2002-03, Conditional Use Permit No. 2002-17, and Tree Permit No. 2002-12 Southerly Terminus of Alamo Heights Drive (on the east side) Diamond Bar, CA 91765 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-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; and to remove and replace oak and walnut trees. PROPERTY OWNER/ APPLICANT: Horizon. Pacific Diamond Bar, LLC Mr. Jerry K. Yeh 2707 S. Diamond Bar Boulevard Diamond Bar, CA 91765 STAFF RECOMMENDATION: Staff recommends that the Planning Commission: Open the public hearing; receive comments on the project; close the public hearing and begin deliberations on VTTM No. 53670 and its entitlements; and recommend certification of the Draft Environmental Report No. 2004-01 (SCH #2003071051) and recommend approval of VTTM No. 53670 and its entitlements to City Council. BACKGROUND: The project site is 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. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and a zoning designation of Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000). 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. ANALYSIS: Aonlications/Review Authorit The proposed project involves four applications, Subdivision, Zone Change, Conditional Use Permit and Tree Permit. For the Subdivision and Zone Change applications, the City Council is the review authority with the Planning Commission giving its recommendation. For the Conditional Use Permit and Tree Permit application, the Planning Commission is the review authority. Pursuant to the Development Code, when more than one application is involved, all applications shall be process simultaneously by the highest review authority. In this case, the Planning Commission will review all applications and provide a recommendation to the City Council. The City Council will be the final decision maker. A Subdivision application approval is required to subdivide land in the City of Diamond Bar. The proposed map is a "vesting" tentative tract map. Approval of this map confers a vested right to proceed with development in substantial conformance with ordinances polices and standards in effect at the date of the map's approval. A Zone Change application approval is required. The existing zoning of R-1-20,000 needs to be changed to Rural Residential (RR) in order to be in compliance with the General Plan land use designation for the project site. A Conditional Use Permit application approval is required for development in hillside area's having slope of 10 percent or greater and to insure the application of the City's hillside management standards to the project being processed. The proposed map's slope analysis indicates that the project site has slopes ranging from 10 percent to over 35 percent. As a result, a Conditional Use Permit approval for this map is required. A Tree Permit application approval is required for the proposed map. Trees are an important natural resource in the City of Diamond Bar. Trees contribute to the VTTM53670 Page 2 environment by replenishing oxygen and counteracting air pollution, controlling soil erosion, and providing wildlife habitat. The Development Code has standards related to the preservation, protection and replacement of oak, walnut, sycamore, willow and California pepper trees which have a diameter of eight inches at breast height (DBH). The proposed map will cause the removal and replacement of oak and walnut trees. As a result, a Tree Permit approval is required. Existing Project Site Conditions The project site consists of approximately 7.5 acres of naturally vegetated and undeveloped land. The topography of the project site includes a prominent knoll in the northeast portion, with the elevation steadily decreasing to the west and south: The elevation on the project site ranges from 1,045 feet along the northeastern project boundary to 920 feet along the southwestern project boundary. The large knoll is covered with annual grassland with some walnut woodland. The southern portion of the project site contains oak woodland. The applicant proposes five lots, each to be graded with a development pad, slopes and a cul-de-sac street within the subdivision that will be accessed from Alamo Heights Drive. The characteristics of the proposed five lots will be as follows: Lot Number Lot Size Acres Pad Size (Sq. Pt. 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 1 20,000 1 970 The gross density of proposed VTTM 53670 will be 0.67 dwelling units (du) per acre. General Plan The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. The maximum gross density for the RR land use designation is 1.0 dwelling units per acre or less. The proposed map as referenced above has a gross density of 0.67 dwelling units per acre. As such, the proposed map is in compliance with the City's General Plan with regard to density. Zoning/Zone Change No. 2002-03 The current zoning designation for the project site is R-1-20,000. This zoning designation allows for a more dense residential development. In order to be consistent with the General Plan land use designation for the project site, it is required that a zone change be processed for this project. A Zone Change application was submitted by the applicant requesting the zone be change to Rural Residential (RR). The RR zoning district is utilized to identify hillside areas intended for rural living, including the keeping of animals, with supporting accessory structures. The maximum VTTM53670 Page 3 density allowed for new subdivisions within this zoning district is one dwelling unit per acre or less and the proposed map is consistent with the RR zoning district density. The RR zoning district is consistent with the Rural Residential land use category of the General Plan for this project. Therefore, approval a Zone Change for the proposed project is consistent with the General Plan. ENVIRONMENTAL ASSESSmENT/ENMONMENTAL INTACT REPORT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that an Environmental Impact Report (EIR) is required for this project. Environmental Impact Report No. 2004-01(SCH #2003071051) was prepared by the City's environmental consultant, BonTerra Consulting The Draft Environmental Impact Report (DEIR) has been prepared in accordance with the California Environmental Quality Act (CEQA).Guidelines. The DEIR is an informational document. It evaluated potential project -specific and cumulative environmental impacts that could result from the implementation of the proposed project, identify possible ways that will minimize the significant effects and describe reasonable alternatives to the proposed project which will reduce or avoid potentially significant impacts. The information is utilized to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of the potential environmental implications that may result from the proposed project's development. Initial Study The EIR's preparation is based on an Initial Study completed by the City. The Initial Study Questionnaire identifies areas where the project may produce an impact of significance, which necessitated the preparation of the EIR document. Notice of Preparation After the Initial Study is completed, a Notice of Preparation (NOP) is distributed on July 1, 2004 to agencies who have or may have responsibility for providing a service to the project or may be impacted by the project's implementation. The NOP requests, within 30 days, that responsible agencies provide the lead agency with specific detail about the scope and content of the environmental information related to the responsible agency's area of statutory responsibility which must be included in the EER. The EIR is then prepared using the Initial Study and comments received in response to the NOP to guide the analysis in areas of particular interest, although the EIR is not limited to these areas. Notice of Completion As soon as the "Draft" EIR (DEIR) is completed, a Notice of Completion and Availability is filed with the Office of Planning and Research. The DEIR is reviewed VTTM53670 Page 4 through that State review process handled by the State Clearinghouse. The lead agency will distribute the DEIR to responsible agencies requesting a copy. The Notice of Completion and Availability begins the DEIR's 30 to 45 day review period depending on the nature, local versus regional significance of the document. For VTTM 53670 a 45 day review period was required. The review period began July 23, 2004 and ended September 6, 2004. Public Review Period/Response to Comments At the conclusion of the public comment phase, the comments are responded to and included as part of the DEIR that is reviewed by the decision makers. Certification of the "Final" EIR is attained when the legislative body gives the document acknowledgment that it adequately identifies potential impacts, measures to mitigate boost impacts, and also impacts which may occur as a result of the project but are unable to be mitigated. Mitigation Monitoring Program A Mitigation Monitoring Program (MMP) is part of the "Final" EIR. CEQA requires public agencies to set up monitoring programs for the purpose of insuring compliance with this mitigation measures adopted as conditions of approval in order to mitigate or avoid significant environmental effects identified in the EIR. The MMP is adopted at the time of the EIR's certification. Statement Overwriting Considerations For substantial or potentially substantial environmental effects which cannot be mitigated to level of significance, a Statement Overwriting Considerations is prepared. CEQA requires the decision makers to balance the proposed project's benefits against its unavoidable environmental risks in determining whether to approve the project. If the proposed project's benefits outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable. For the proposed VTTM 53670, a Statement of Overriding Consideration is not required because with the incorporation of mitigation measure project impacts would be reduced to a level of less than significant. Environmental Factors/Effects Analyzed In the DEIR o AestheticsNisual Resources 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. VTTM53670 Page 5 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 Air Quality Short term (construction related) and long-term (operational related) air quality impacts were analyzed in relationship to the proposed project. Air quality impacts may occur during construction and operation on both a regional and local scale. Construction impacts include airborne dust from grading and dirt hauling and emissions from heavy equipment and employee vehicles. Operational impacts occur from utility usage and vehicle traveling to and from the completed project site. The proposed project would require a total of 102,000 cubic yards of cut and fill. All excavated soil would be balanced on-site. Therefore, the transport of cut and/or fill material off-site would not be required. Without mitigation measures, PMio emissions would be significant on the peak day, and NOx emissions would be significant in the peak quarter. Existing sensitive receptor surrounding the project site include residential uses to the north, west and south. The majority of these residences are buffered from the project site by existing mature vegetation that traps airborne dust, as well as the distance between the project site and the majority of the neighboring homes. The two homes adjacent to the north side of the project site would be in close proximity to the construction activities. During construction, there is potential for residences to be exposed high concentration of PMio. This would be considered a significant impact prior to mitigation. 'With the incorporation of the mitigations measure within the DEIR's Mitigation Program (i.e. watering surfaces twice daily; ceasing grading when winds exceed 25 miles per hour; applying non-toxic soil stabilizers; and turning off equipment when not is use), construction emissions of NOx and PM,o will be less than significant. o Biological Resources Surveys related to amphibians, reptiles, birds and mammal, general plant materials and vegetation mapping were conducted. A delineation of jurisdictional waters was prepared also. Focused surveys were prepared for native trees, special status plants/vegetation, Coastal California Gnatcatcher, special status biological resources and special status wildlife. The potential significance of environmental impacts on biological resources has been assessed. As a result, the proposed project in conjunction with the effects of past projects, other current projects, and probable future projects would result in a disturbance of existing and VT7M53670 Page 6 potential biological resources throughout the region, as detailed in the DEIR. Therefore, this project would contribute to a cumulative significant effect. 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 as following: 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 o Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. o Cultural/Paleontological/Archaeological Resources Cultural resources records search within one mile of the project site and a field survey was conducted for the proposed project. It was concluded that no prehistoric or historic archaeological resources have been recorded within the project site or within one mile. However, the Mitigation Program within the DEIR prescribes mitigation measures that would meet the requirements of CEQA concerning protection of cultural resources during the proposed project's grading phase. Upon the implementation of these mitigation measures, impacts to archaeological and paleontological resources would be reduced to a level less than significant. Impacts to historical resources are not anticipated. o Geology/Soils Explorations were conducted to investigate the engineering characteristics of the on-site soils and subsurface materials in anticipation of development of VTTM 53670. As a result, no active or potentially active faults were found and the project site is not within an Alquist-Priolo Fault Rupture Hazard Zone. Therefore, potential for ground rupture at the project site is considered to be very low. No obvious joints and faulting were observed, and no evidence of bedrock instability or landslides were observed during the field investigations. Potential impacts from rupture along earthquake faults are strong seismic ground shaking would be less than significant. The project is not located within a mapped potential liquefaction or earthquake landslide area. Existing slopes within the project site are satisfactory and would possess adequate factors of safety against instability provided they are properly maintained. Manufactured slopes would be designed at a slope ratio of no steeper 2:1 and keyed into approved natural ground. Mitigation measures prescribed suggest standard conditions of approval related to compliance with Uniform Building Code; that all grading be performed under the VTTM53670 Page 7 observation of a registered geotechnical engineer; and that recommendations contains in the geotechnical and engineering geological investigation be implemented during grading/construction activities. As a result of the implementation of the mitigation program, potential geologic and soils impacts would be mitigated to a level less than significant. o Hazards/Hazardous Materials An analysis of the potential impact of hazards and hazardous materials on the project site with analyzed. The proposed project is located within an area described by the Forster and Fire Warden as a Fire Zone 4, ora Very High Fire Hazard Severity Zone". As a result, it is intended that minimum standards to maintain the public's safety and welfare be provided. In order to accomplish this mitigation measures require that a fuel modification plan, a landscape plan and an irrigation plan prepared by a registered landscape architect, landscape designer, landscape contractor, or an individual with expertise acceptable to the forestry division of the fire department be submitted for review and approval. Standard conditions will include that development of the proposed project comply with all Los Angeles County Fire Department code requirements and that all property owners be provided with a disclosure statement that identify the responsibility of maintaining the fuel modification zones within their property as defined in the approved Fuel Modification Plan. With the incorporation of the mitigation measures, impacts associated with exposing people or structures to significant risk of loss, injury, or death involving wildland fires would be less than significant. o Hydrology/Water Quality A drainage and storm water pollution prevention plan was prepared for the proposed project. 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. 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. However, to reduce water quality impacts to a level of less than significant, the proposed project is required to comply mitigation measures within the Mitigation Program that include compliance with 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. o Noise Noise would be generated by site grading and the extension of Alamo Heights Drive which is estimated to occur for three months. In order to mitigate the short- VT7M53670 Page 8 term construction noise, grading activities would be conducted in compliance with the City's noise standards, which prohibit construction work between the hours of 7:00 p.m. and 7:00 a.m. weekdays or at any time on Sundays or holidays. Long- term ambient noise is anticipated by the General Plan's land use designation for the project site. Since the proposed project is consistent with the General Plan, zoning designation and surrounding development, operational impacts including potential noise impacts, were anticipated in the General Plan. Mitigation measures prescribed require compliance with the City's noise standards, adhering to the specified hours for construction activities and grading permit requirements, utilizing improved mufflers for construction equipment when feasible and proper maintenance is performed on construction equipment. As a result, impacts associated with construction noise and operational activities would be reduced to a level of less than significant Environmental Factors/Effects Found Not To Be Significant The DEIR analyzed the following environmental factors: o Agricultural Resources o Population/Housing o Public Services o Land Use/Planning o Recreation o Utilities/Service Systems o Mineral Resources o Transportation/Traffic In the analysis it was determined that the proposed project's will have no impact or less than significant impact on the referenced environmental factors. As a result, mitigation measures are not required. However, letters ensuring the availability of utility services were obtained from various service providers. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on November 10, 2004. Public hearing notices were mailed to approximately 115 property owners within a 1,000 -foot radius of the project site on November 4, 2004. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on November 9, 2004. RECOMMENDATION: Staff recommends that the Planning Commission recommend certification of the Draft Environmental Report No. 2004-01 (SCH #2003071051) and recommend approval of Vesting Tentative Map No. 53670, Zone Change 2002-03, Conditional Use Permit No. 2002-17, Tree Permit No. 2002-12, Findings of Fact and conditions of approval as listed within the attached resolutions to City Council. The draft resolutions identify the required legal finding and facts to support those findings. VTTM53670 Page 9 Prepared by: Anro. Lungs A296ciateOPlanner Attachments: 1. 2. 3. 3. 4. 5. Draft Resolution recommending certification of the DEIR and recommending approval to City Council of VTTM No.53670; Draft Resolution recommending approval to City Council of Zone Change No. 2002-03; Draft Resolution recommending approval to City Council of Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12; Exhibit "A" — Vesting Tentative Map No. 53670 dated November 23, 2004; Applications; Draft Environmental Impact Report (Volume 1) and Technical Appendices (Volume ll) dated July 19, 2004 and Volume III/Response to Comments dated October 1, 2004; Responses to Comments (Volume 111) dated October 1, 2004; and Mitigation Monitoring Program dated November 11, 2004. VTTM53670 Page 10 Dl�l�`10XD BAR Record Owner CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT 21660 E. Copley Drive, Suite 190 (909) 396-5676 Fax (909) 861-3117 SUBDIVISION APPLICATION Name Horizon Pacific Diamond Bar LLC (Last name first) Address 2707 S. Diamond Bar Blvd., # 200 City_ Diamond Bar, CA Zip 91765 Phone (909) 869-6191 Applicant Yoh, Jerry K. (Horizon Pacif_ic1 _ (Last name first) 2707 S. Diamond Bar Blvd., # 200 Diamond Bar, CA 91765 Phone (909) 869.6191 v7p 5-3476 Case 4D FPL # Z•Ce7z Deposit S 47 o s Receipt By Date Rec'd Applicant's Agent Hunsaker & Assoc. San Diego, Inc (Last name first) 10179 Huennekens St. San Diego, CA 92121 Phone(858) 558-4500 NOTE: It is the applicants responsibly to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of coroorations.A� certify that IIaa -described property and permit the applicant to ft le this request. Horizon Pacific, Jerry K. Yeh Date it i -:Z-- JAI] record owners) Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Marybeth Murray, Hunsaker & Associates San Diego, Inc. (Applicant or Agent) Signed Agent) Location 5outlierhr+ermrM-us of Alamo Heights Dr. Lot 185 of Tract 30578 (Street address or tract and lot number) between Future Alamo Heights Dr._ and Blaze Trail (Street (Str Zoning R-1-20.000 HNM 102-H-341 Previous Cases None �Traqt8 Present Use of Site Vacant/Undeveloped Use applied for VTM, CUR and Tree Permit to allow the development of 5 Single-family custom residential lots Domestic Water Source Ex. Water Lines in Alamo Hts Dr. Company/District _ Walnut Valley Water District Method of Sewage Disposal Ex. Sanitary sewer lines in Alamo Hts Dr. Sanitation District LA County Sanitation District Grading of lots by Applicant YES x 1`TO Amount 102,000 C.Y. _ (Show necessary grading design on site plan or tent. map) LEGAL DESCRIPTION (All ownership comprising the proposed lotsiproject) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) Lot 188 of Tract 30578 in the City of Diamond Bar Project Site: 7.5 Acres Tentative Map Number 53670 Gross Area Lots: Existing 1 Proposed 5 Area devoted to: Structures NIA at this time Open Space NIA at this time Residential project 7.5 Acres and NIA at this time Gross Area No. of floors Proposed Density .67 DUTAC Units/Acre Number and types of Units 5 custom single family units on 5 custom single family lots Residential Parking: Type Required Provided Total 10 10 - 10 CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT Project No. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Jeuy K. Yeh , declare under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, that the attached list contains the names and addresses of all persons who are shown on the latest available assessment roll of the County of Los Angeles as owners of the subject property and as owning property within a distance of five hundred (500) feet from the exterior boundaries of property legally described as: See attached Owners List for names: PROPERTY LEGALLY DESCRIBED AS: BEING A SUBDIVISION OF LOT 188 OF TRACT NO. 30578, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 785 PAGES 1 THROUGH 25 INCLUSIVE OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Executed at Diamond Bar, California, This 12th day of November Jerry K. Yeh Signature OAK TREE STATEMENT [ ] The subject property contains no oak trees. [ ] The subject property contains one or more oaks trees, however the applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. [XI The subject property contains one or more oak trees and the applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. An Oak Tree Permit has been or will be applied for prior to any activity taking place one the property. Je K. Yeh (Applicant's Signature) (Date) EASEMENTS OF RECORD AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF DIAMOND BAR 1, Jer K. Yoh , declare under penalty of perjury that all easements of record, [as shown on Preliminary Title Report No, 91150492A X12 Dated October 11.20,02 furnished this office by (company) Chicago Title Insurance Comoanv 1 are shown on the tentative map No. 53870 and that if the easement are blanket or indeterminate in nature that a statement to that effect has been placed on the tentative map. The purpose and ownership of all easements are also stated. Executed at Diamond Bar , California, this 12th day of No embra 20 02 Signature OwnerlSubdivider/Subdivider's Agent NOTE: The use of that portion of the affidavit in bracket is optional and may be deleted. ENVIRONMENTAL CHECKLIST FORM I. Background 1. Name of Applicant Je�K. Yeh, Florizon Pacific 2. Address and Phone Number of Proponent: Horizon Pacific Diamond Bar LLC 2707 Diamond bar Blvd. Suite 202 Diamond Bar CA 91265 091869-6191 3. Name, Address and Phone of Project Contact: same as above or Hunsaker S Associates San Diego, Inc. Ma beth Murrayor Lex Williman 10179 Huennekens Street San Die o Ca 92121 858 558.4500 4. Date of Environmental Information Submittal: 11112102 5. Date of Environmental Checklist Submittal: 11112102 6. Lead Agency (Agency Required Checklist): 'ity of Diamond Bar 7• Name of Proposal if applicable (Tract No. if Subdivision): Vesting Tentative Tract 53670 8. Related Applications (under the authority of this environmental determination): VTM CUP and a Tree Permit YES NO Variance: Conditional Use Permit: x x Zone Change: General Plan Amendment: x Development Review: X X (Attached Completed Environmental Information Form) Environmental Information Form for Residential Pro'ects (To be completed by applicant) General Information: Date Filed: 11/12/02 Pertinent Permits/Applications: TMICUPITree Permit Project Information: Name, Address and Phone Number of Project Sponsor: Horizon Pacific'Diamond Bar LLC Contact: Jerry K. Yeh 2707 S. Diamond Bar Blvd. Suite 202 Diamond Bar CA 91765 Phone: 909 869-6191 Fax: (9091869-6291 2. Name, Address and Phone Number of Key Contact Person(s): same as above or Hunsaker it Associates San Die o Inc. Contact: Lex Williman or Ma 1beth Murray) 10179 Huennekens St. San Die o CA 92121 Phone: 18581 558.4500 or Fax: 858 558.1414 3. Project Address: None Assigned Yet. However, property is located at the terminus of Alamo Hei hts Drive within the Count Project Assessor's Block and Parcel Number(s): 8713.028-030 Other Identification (other recorded/map location information): Lot 188 of Tract 30578 6-A. Does the project require and of the following actions by the City: YES Variance: Conditional Use Permit: x Zone Change: NO x x General Plan Amendment: x 5-B. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, regional, state and federal agencies: A Conditional Use Permit and a Tree PprmiLaJoM with a Vesting Tentative Ma are re wired b the Ci of Diamond Bar 7. Land Use Designations: Adopted General Plan Designation: RR Rural Residential - 1 Du/Ac Adopted Zoning: R-1-20,000 Proposed Specific Use of Site: The proiect Proposes the development of 5 sin le -family custom lots as well as pertinent utilities and roads_ that are necessa . Project Description 9-A, Site Dimensions and Gross Area: Gross site area: 7.5 acres, Overall lot dimensions of existin lot: a roximatel 650' x 500, 9-B. Legal Description of the Project: (attach copy to this form if necessary) Being a subdivision of Lot 188 of Tract 30578 in the Ci of Diamond Bar Coun of Los An eles State of California as per mayrecorded in Book 785 ppribe 1-25 inclusive of maps, in the office of the County gecorder Of said Count- 10. Project Detail Attach a separate page of description data for each housing type included in this project.- a. roject: a. Number of Housing Units by type. 5 Custom Houses on 5 Custom Lots b. Floor Area by type (minimum, maximum, and average square footage). NIA -To be Determined C. Number of floors (stories) for each type. N/A -TBD d. Housing market targeted (demographic profile). TBD e. Estimated market sales price or estimated market rents. TBD f. Describe all amenities proposed (for example, landscaping, recreation equipment, common use facilities, trails, etc.) Native /Non-native Landscaping to help screen proposed development g. Minimum lot size. (Net lot area, not including Right -of -Way). 1.0 Acre h. Maximum lot size. (Net lot area, not including Right -of -Way). 1.7 Acres i. Average lot size. (Net lot area, not including Right -of -Way). 1.3 Acres i• Number of lots which do not meet City Standards. None 1 I . Describe public or private utility easements, utility lines, structures or other facilities which exist on the surface or below the surface of the project site. Proposed Water. Sewer and Storm Drain utilities and easements have been rovi led on site as necessary. Some existing road and utility easements may need to be vacated and rededicated. Other existing easements for gas, electricity and slopes, etc may be quitclaimed, abandoned vacated and/or rededicated as necessarv. Otherwise no "mainr" nnwer lines or other utili easements exist onsite. 12- Associated Projects: (Projects or potential projects which are directly related to this project, ie: potential developments which require completion of this project): None. No other ro'ects re uire that this ro'ect be completed. 13. Describe any anticipated Phasing for this project: (number of Units & Time Frame) No ro'ect h sing is Proposed at this time 14. Attach one copy of each of the following: a. Preliminary Soils Report b. Preliminary Geologic Investigation. C. Drainage Study. d. Topographic Map highlighting any existing slopes of 25% or more, e. Tract Map, Parcel Map or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if ]mown), and any areas with slopes 25% or more. f Photographs showing the site from different (i.e. north, south, east west) vantage points and photographs showing vistas (ie: north, south, east, west) from the site. Are the following items applicable to the proposed project or its effects? (Discuss below all items which apply to this project: attach additional sheets as necessary) 15. Grading Maximum depth of excavation: AAprox. 50' _ Maximum depth of fill: Approx. 45' Quantity of soil moved: 102 000 cubic yards. Will there be an on-site balance of cut and fill?: jes Quantity of import/export: N A 16. Viewshed: Describe any change in the appearance of the site resulting from the project as proposed. Portions of the site have been previously disturbed and the site is vacant except for some natural brush and round cover as well as several Walnut and Oak trees. The site is dear Tonner Can on and some areas of the roiect will be visible from the surrounding develo ed areas. However the ro osed oroject will result in enhancement of the aesthetic value of the site as landscapiOng landscapingmeasures will be implemented with thero'ect to soften and screen the new development. 17. Describe how the proposed project will fit into its surrounding (ie: will the proposed project blend into an existing neighborhood? How will it relate to the size, scale, style and character of the existing surrounding development?) The proposed 5 lot custom single subdivision will be consistent and compatible with adjacent uses. Lar e lots Of'/2 acre or more currentl f exist abuttin i the site. The R-1-20,000 Proposed estate develo ment will be in conformance with the surroundin area. Also due to the housin a ro osed the ro'ect wilt enhance the valuations of the adjacent ro erties. The ro osed development will demonstrate creative & Imaginative design resulting in a visual qualitV that will com lament the communi character, 18. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity. (ie: Will the flow of any permanent or intermittent surface/subsurface water change as a result of this project? How? Will there be any injection wells, septic systems, or other facilities, which may affect surface or subsurface water quality?) Although ciradin i will take face thereb causin a sli ht chan a in the existin flow of water land form radin will be used creatinq natural draina a courses that will not cause drastic chan es in surtace or round water uali or uanti 19. Describe any long-term noise and/or vibration which may occur as a result of this project: (after construction will this project directly or indirectly cause the generation of noise and or vibration greater than any that exists now?) The onlv noise which may occur with thero'ect would be initial noise created b theradin construction of the Tract and Potential traffic noise caused by the additional streets required for the Propsedresidences. The Potential noise and or vibration should only be slightly reater than that which currently exists due to the low density of the ro osed development. 20. Describe any residential construction proposed on filled land (ie: identify the lot number of each structure proposed to be built on filled land). 3 of the 5 proposed lots are on filled land. Those lots are 3-5 and are ro osed to have a sin le family home on each lot. 21. Do any significant trees exist on the project site now? Describe the effect this project will have on them (ie: Oak and Walnut trees are considered significant. Describe whether the proposed project will disturb or cause removal of any of these trees). Yes. Several Coast Live Oak and Walnut trees exist onsite. An Oak tree report is being re ared for this region of the Country, Every precaution will used during the construction process and the applicant will work closely with Ci staff and tree experts t)Implement a yroprifte measures regarding the movement or relocation of ainy of the si nificant trees located onsite. 22. Is the project site located in a national, state, regional or locally designation area of historical, environmental or other significance? If so, describe. (ie: is the site an area designated as a hillside management area, significant ecological area, significant mineral resource area, etc.) The site falls within the Tonner Can on si nificant environments! area no. 15 but is not located in ari area of known historical or cultural si nifcance, The area is des i nated as a hillside mans ement area and as a result a Conditional Use Permit is beinre nested as a part jttamigct a rovals. Environmental Setting: 23. Descnbe the environmental setting (synopsis) of the project site. This narrative shall include a description of the soils stability, slopes, drainage, scenic quality, plants and animals which may exist on the site now, and any existing structures and the land use of the project site. The site iLpresently vacant and is comprised of a knoll on the east side of the site which slo es downward towards the west and southwest. There are disturbed rasslands, cha 3arral walnut and coast live oak trees onsite. The animal o ulation would consist of those associated with disturbed grasslands and cha arral such as skunks coyotes, rabbits s uirrels wood rats and various mice s ecies. 24. Describe the surrounding properties (synopsis). This narrative shall include a description of the soil stability, slopes, drainage, scenic quality, plants, and animals which may exist. Indicate the type of land use (residential, commercial, etc.), intensity of land use (single-family, multi -family, density, commercial, professional, etc.) and scale of development (height, frontage, set -back, etc.) in the adjacent surrounding area. The surrounding properties include single family residential to the north east & west and vacant to the south. The sloping terrain is ty ical of thearea and the vegetative and animal populations similar to those found onsite and in the Tonner Canyon area. Please see soils report forspecifics related to stability and soil types. Certification: I hereby certify that the statement furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed project. All information is to the best of my knowledge, belief and ability to determine factual, true, correct and complete. Date: Signature: For __ , - ; v� t V Completion of this form is required to begin review of a project. Information within this from and the required attached materials will assist the city in determining whether a Negative Declaration may be granted, whether a Mitigated Negative Declaration may be granted, or whether Environmental Impact Report shall be required. CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT DEPARTMENT Planning Division 21825 E. Copley Drive Diamond Br, CA 91765 Phone (909) 396-5676 Fax (909) 861-3117 ® CONDITIONAL USE PERMIT ❑ MINOR CONDITIONAL USE PERMIT =Rec'd Record Owner Applicant Applicant's Agent Name Yeh, Jerry K. Horizon Pacific (Last name first) Address 2707 So. Diamond Bar Blvd., # 202 City Diamond Bar, CA Zip 91765 Phone ( 909 869-6191 Fax () 909 869.6291 Yeh, Jerry K. Williman, Lex or Murray, Ma beth (Last name first) (Last name first) same as owner Hunsaker & Associates San Diego, Inc same 10179 Huennekens St same San Diego, CA 92121 Phone ( ) Phone ) ( same 858 558-4500 Fax ( ) Fax ( ) same 858 558-1414 An application f ee in a ccordance w ith s ection 2 2.44.040 a f It he M unicipal Code m ust a ccompany t his Application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, refund will be paid. NOTE; It is the applicants responsibly to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: !-certify that I am the ow r of the herein -described property and permit the applicant to Erle this request; Sig Jerry K. Yeh Horizon Pacific Date (All record owners) Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Ma beth Murray,Hunsaker & Associates San Diego, Inc. (Applicant or Agent) Signed (Applill Date Location of Project (Street address or tract and lot number) Zoning R•1-20 000 Numbering Map 102-H-341 Previous Cases None other than Tract 50378 City of Diamond Bar CONDITIONAL USE PERMIT Present Use of Site Vacantlundevelo ed Use applied for Vesting TM Conditional Use Permit and a Tree Permit to allow the development of approximately 7.5 acres into 5 custom single family lots ranging in size from 1.0 acres tel 1.7 acres with minimum ad sizes of 20 OQO SF. Project Size (gross acres) 7.5 Acres Project Density 67 f5 Du's17.5 Previous Cases None other than that Dro 3osed with Tract 50378 Present Use of Site Vacant/Undeveloped For Domestic Water Source _Existing Water lines in Alama Heights Dr. Company/District Walnut Vallev Water District Method Sewage Disposal Existing Sewer lines in Alamo Heights Dr. Sanitation District LA County Sanitation District Grading of lots by Applicant YES x NO Amount A roximately 102,000 C.Y. (Show necessary grading design on site plan or tentative Map) Grading: YES x NO If Yes, Quantity 102 000 C.Y. Cut: 102 000 C.Y. Fill: 102 000 C. Y. Import: YES NO x If Yes, Quantity NlA Export: YES NO x If Yes, Quantity NIA Parking: 15 2 ara es11 uest per unit NIA NIA Total Standard Compact Handicap Landscaping: A rox 215 DDO SF Square feet LEGAL DESCRIPTION (All ownership comprising the proposed lot(s)/parcei(s). Lot 188 of Tract 30578 Area devoted to structures N/A - TBD Landscaping/Open Space A roximately 6 acres City of Diamond Bar CONDITIONAL USE PERMIT Residential Project: 7.5 acres and 5 (Gross area) (No. of lots) Proposed density .67 Du's1AC 5 du's17.5 acres (Un it/Acres) Parking: Standard Compact Handicapped Total Required 2 0 0 10 Provided 2 0 10 CONDITIONAL USE PERMIT MINOR CONDITIONAL USE PERMIT BURDEN OF PROOF A Development Review or Adrrdnistrative Development Review application shall be reviewed by the applicable review authority identified in Section 22.48.050 (Responsibility for Development Review), below and shall be approved, with or without condition, only if the following findings are made: The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines and architectural criteria for special areas (e.g., them areas, specific plans, community plans, boulevards or planned developments); The design and layout of the Proposed subdivision of a 7.5 acre site into 5 single fami custom lots is consistent with all City General Plan zonin and development standards and regulations. The density of the PMLect is approximately 0.7 DU'sIAC where the Rural Residential General Plan Designation allows for a dens' of 1 Du/Ac. The existingproposed zonin is R-1.20 000. The minimum lot ro osed has a lot size of 1hil .0 acre we the minimum Ind size is 20 000 SF. AdditionallZ the subdivision layout accomplishes a minimal and yet balanced grading operation while Providin contour and landform grading suitable to the surrounding hillside area(s). The-deslign was created in an effort to provide the best use of the natural terrain while at the same time allow for a reduction in Potential fire hazards with the rovision of a ro riate landsca in and where necessarythe rev etation of ro sed slope areas. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The designand layout of the proposed 5 lot develo ment will not impact existing or future surroundinguses and will not create additional si nificant traffic or Pedestrian hazards. The 5 additional units will add onlyabout 10 average dailytrips to the area. The internal cul-de sac street ro osed is designed specifically to fid with the rural hillside character of the area. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan; The lots proposed are 1.0 acre minimums and average 1.3 acres. The minimum pad size Proposed is 20,000 S . Ft. and the average Pad is 22.000 Sq. Ft. While the lot shapes vam the Pad areas average shal5e measures approximately 120'x 170', The large lot concept allows for a vane ty of customs le homes and accommodations for diverse architectural elements yard design. landscaping features fencing and walls detailsparking facilities and any other development criteria or guidelines as described in the Cftvjs Development Code(Title 221, all the while maintaining and enhancing compatibility with the surrounding neihborhoods b providingan attractive and harmonious development. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; Custom lot designs, similarto that RroRosed, by their nature orovide fora desirable environment for the residents of the neighborhood because of the additional care and in ut taken into account with the desi n of the home and yard areas. Due to the higher valuations of such custom homes the a. ility to provide a larger variety of architectural and landscapina enhancements and features can be accomplished. Thereby rovidin an aesthetically appealing ro'ect to those living in living earby, or must visiting the area. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. and; The Dro2gsed subdivision of 5 custom built lots on auroximately 7.5 acres will not have an adverse im act on the persons living or working in the vicin' of the Promect site. Current" the site is vacant The existingrasslands and wild weed rowth icai of the area constitutes a otential fire hazard in the 'ant summer months which threatens existin homes. The Prop2sed custom lot conce t will at minimum enhance the aesthetic values of the site and its surroundin s while diminishing an fire hazards b rovidin fire safe landsca in which will be implemented and maintained with the future development of the 5 custom built lots. The low densHoposed will not endan er the eneral Public health safety or welfare but rather will ultimately Provide for an increase in the values of the nei hborina homes. INITIAL STUDY QUESTIONNAIRE (To be completed by applicant, attach additional sheets of paper if necessary) A. General Information Project Applicant (Owner): Project Representative: Horizon Pacific Diamond Bar LLC Name 2707 So. Diamond Bar Blvd. # 202 Address Diamond Bar CA 91765 Phone ('909)869-6191 Fax 909 869-6291 Project No FOR CITY USE Hunsaker & Associates San Diego, Inc. Name 10179 Huennekens Street Address San Di io CA 92121 Phone (85811558-4500 Fax (858)558-1414 Action requested and project description: The request is for the approval of a 7,5 acre subdivision into 5 custom lots with a minimum lot size of 1.0 acre. The request is for a VestingLIentative Map, a Conditional Use Permit and a Tree Permit Street location of project: southerly terminus of Alamo Mei hts Drive Legal Description of project site: Lot 188 of Tract 30578 4. Present Use of Site: Vacant/un developed Previous use of site or structures: None. Site is vacant Project Description: a. Site size (total area) 7.5 Acres b. Square footage (covered by structures, paving, etc.) AppmximatniL2.5 Ac C. Number of floors of construction NIA -TBD d. Amount of off-street"parking provided 2Qe� unit Ipin, = 10 Total e. Landscaping/open space: --------Approx 5 acres f. Proposed scheduling: To Be determined g. Anticipated incremental development: no h. If residential, include the number of units, schedule of unit sizes (range of sale prices or rents and type of household size expected): The Project Proposes 5 single family custom homes that will ran a in size and sale rices which are et to be determined. If commercial, indicate type, whether neighborhood, city or regionally oriented, square footage of sales area an loading facilities: NIA If industrial, indicate type and loading facilities: NIA If institutional, indicate the major function, estimate occupancy and loading facilities: in. If the project involves a Variance, Conditional Use Permit, Zone Change, General Plan Amendment, or Development Review application, state this and indicate clearly why the application(s) is required: The ro'ect ro oses a Conditional use Permit for Hillside iement. 7. Please list all previous cases (if any) related to this project: None other than the TM which created Lot 988 of Tract 30578 8. List related permit(s)/approval(s) required. Specify type and granting agency: None other than a VTM a CUP and a Tree Permit required by the City of Diamond Bar, 9 10 12. 13 Are future phases planned for this project: Yes No x If yes, explain: NIA Present zoning: R-1-20300 General Plan Land Use Designation: RR Rural Residential 1 � Water and sewer service Does service exist at the site? If yes. do purveyors have capacity to meet demand of project and all other approved projects? Domestic Water Yes x No Yes x No Public Sewer Yes x No Yes x No If domestic water or public sewers are not available, how will these services be provided? Residential Projects: a. Number and type of units: b. Floor area of each unit: C, Number of floors: e. Housing market targeted (demographic profile): f. Sales price/rent.- rice/rent:g. 9. Describe proposed amenities: E Minimum net lot size: i. Maximum net lot size: J. Average net lot size: 5 Single Famiiv Custom Homes To be Determined T8D NIA -TBD Middle income To be Determined Landscaping of major slo es will be rovided 20 000 SF 23 000 SF 22 000 SF 3 k. Schools: • School district serving the project? Walnut Valley School District • Are existing school facilities adequate to met project needs? Yes x No • If not, what provisions will be made for additional classrooms? Pro'ect will be sub'ect to school fees at the time of Building Permits _ 14. Non-residential project (commercial, industrial, and institutional): a. Distance to nearest residential use or sensitive use (school, hospital, etc.): NIA b. Number and floor area of buildings: N/A c. Number of employees and shifts: N/A d. Maximum number employees per shift: N/A e. Opening hours: NIA f Community benefit derived from the project: N/A g. Identify any end products, waste products and means of disposal: NIA h. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radio active materials? Yes No x If yes, explain in detail. N/A 4 i. Do your operations require any pressurized tanks? Yes No x If yes, explain in detail: NIA Identify any flammable, reactive or explosive material to be located on-site: NIA k. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? Yes ` No x If yes, explain in detail: NIA 15. Associated projects: None other than the original TM which created the prope y which I slot 188 of Tract 30578 16. Describe public or private utility easement, utility lines, structures or other facilities that exist on or below the surface of the project site: There are several easements which exist on the erty for the Purposes of future roads slopes, various other ublic utilities such as as electric tele hone water drains a and others. See Title Report for Details). 17. Describe any change in the appearance of the site resulting from the project as proposed: Portions of the site have been reviousl disturbed. The site will be modified throu h the re uired Iding necessa to provide the ro osed 5 lots and the access to these lots. However contour radin alon with iandsca in measures will beim femented with the ro"ect in an effort to aestheticall f enhance the site. 18. Describe how the proposed project will fit into its surroundings (i.e., Will the project blend into the existing neighborhood? How will it relate to the size, scale, style and character of the existing surrounding development?): The des. n of the subdivision will be com atible with the surroundin land Uses in both size and e of housing d!ty!e !!!!oRPa!mr!!emLRDroposed. The 1 acre minimum lots Propose 20.000 SF minimum n2A. which are larger than some of the existi-9 surrounding ad sizes. The develo er will maintain the scale size and cOMMUllitu character of the surrounding area by Providin com Pimenta v housing es and landscaping. B. Environmental Information Environmental setting of the project site: Existing use and structures: The existMn site is vacant and has no structures on it. b, Topography/slopes: The maiority of the site has slo in terrain with elevations ranging from a2proximately 910 to 1050 across the site. C. Animals: Animals that have not been direct! -Observed onsite but may otentiall exist onsite or within the area include but are not limited to: cottontail its, Pocket o hers coyotes skunks s uirrels woodrats and various other mice species. d. Vegetation: Disturbed Grasslands California Live Oaks Cha arra) and same Walnut trees. e. Water course. No USGS water courses or blueline streams exist onsite. f. Cultural/historical resources: no known cultural or historical resources exist onsite. g. Other: ...... Environmental setting surrounding the project site: a. Existing uses/structures (types, densities, etc): To the north east and west is sin !e family residential. To the south is vacant open sace. b. Topography/slopes: The surrou iding slopes va and include rollin to stee hills. Tonner Can on is further to the south. Animals: same as I.e. above Vegetation: Disturbed arasslands, ornamental landsca in and cha anal. e. Watercourses: There are several USGS designated blueline streambe Is of intermittent flow in the surroundinn area f. Cultural/historical resources: There are no historical or cultural resources known to exist in the surroundina area. Other; ------- Are there any major trees on site, include oak, arroyo willow? Yes x No walnut, sycamore naturalized California pepper and If yes, explain in detail (Size, quantity, location, condition, etc.): A roximatel 295 trees exist onsite that have a diameter reater than 8 inches. There are about 128 Walnut trees and 167 Coast !_ive Oaks located throw hout the site. Will the project require grading: Yes x No If yes, how many cubic yards of cut Approx. 102,000 C.Y. and fill ApprOx. 1,02,000 C.Y. Will earthwork be balanced on site? Yes x No If not balanced, where will dirt be obtained or deposited? Are there any identifiable landslides or other major geologic hazards on the property including uncompacted fill? Yes No x If yes, explain in detail: Please see soils report for details of soil types and stabilit . Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? Yes x No If yes, explain in detail: The site althou h disturbed in areas does have some native ve etatian that may be considered a fire hazard. Distance to the nearest fire station: Approxi mately'/z mile 8. Existing noise sources at the site: None Noise or vibration to be generated by the project: No significant sources other than initial construction noise which will be tem ora . Fumes/odors to be generated by the project and toxicity? None A Dust, ash, or smoke, to be generated by the project? NOthln si nificant. Dust may be generated with the initial grading operation but water trucks will be used if and when necessM to keep the Just to a minimum. 11. What energy -conserving designs or material will be used? Any development onsite will be subject to Title 24 re uirements 12. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity (i.e., Will the flow of any permanent or intermittent surface or subsurface water change as a result of this project? If so, explain how. Will there be any injection wells, septic systems, or other facilities that may affect surface or subsurface water quality?): Althol 1h radi iwill take lace on site thqrsthy causin a i. -ht change in the existing flow of water, land form and contour --ing will be used creatin natural drains ie courses that will not cause drastic chan es in surface or round water uali or quantit . If yes, explain in detail: Please see soils re art for details of soil types and stabilit . Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? Yes x No If yes, explain in detail: The site althou h disturbed in areas does have some native ve etation that may be considered a fire hazard. Distance to the nearest fire station:_ Approximately'/2 mile Existing noise sources at the site: None Noise or vibration to be generated by the project: No significant sources other than initial construction noise which will be tem ora 9. Fumes/odors to be generated by the project and toxicity? None 10. Dust, ash, or smoke, to be generated by the project? Nothing significant- Dust may be enerated with the initial gradin o eration but watertrucks will be used if and when necessa to kee the dust to a minimum. 11. What energy -conserving designs or material will be used? An develo Ment onsite will be sub'ect to Title 24 re uirements 12. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity (i.e., Will the flow of any permanent or intermittent surface or subsurface water change as a result of this project? If so, explain how. Will there be any injection wells, septic systems, or other facilities that may affect surface or subsurface water quality?): Although grading.will take Place on site th by causin-q a slight than a in the existin flow of water land form and contour radin will be used creatin natural drains a courses that will not cause drastic than es in surface or round water 1:11tilillitilif or uantit . 13. Describe any residential construction proposed on filled land: (i.e.) ]Lots 3 throu h 5 are Proposed to be constructed on filled land. Certification: I hereby certify that the statement fumished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability. and that the facts, statements and information presented are true and correct to the best of my knowledge and belief. Date: HLaL--- Sigi: For: Q L111 031 BAR Record Owner CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT 21660 E. Copley Drive, Suite 190 (909)396-5676 Fax(909)861-3I17 TREE PERMIT Name Horizon Pacific Diamond Bar LLC (Last name first) Address 2707 S. Diamond Bar Blvd. # 202 City Diamond Bar CA Zip 91765 Phone (909) 869.6191 Applicant Yeh ,ler K. Horizon Pacific (Last name first) 2707 S. Diamond Bar Blvd. # 202 Diamond Bar CA 91765 Phone (9O9)L69-6191 Case #_rR /7X;Lt/Z FPL # —(e Deposit S -7 jW Receipt # T By Date Recd Applicant's Agent Hunsaker & Assoc. San Diego Inc (Last name first) Lex Willi manlMa beth Murra 10179 Huennekens St San Diego Ca 92121 Phone(856) 558-4500 NOTE: It is the applicants responsibly to notify the Community Development Director in writing of the principals involved during the processing of this case. of any change (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify1Vat I am the owner ofthe rein -described property and permit the applicant to file this request. Signed ( Jar K. Yeh Date /yam-�� (All record owners) ' Certification: I, the undersigned, hereby certify under penalty of perju correct to the best of my knowledge, ry that the information herein provided is Print Name Ma beth Murray,Hunsaker&Associates San Die o Inc. (Applicant or Agent) Signed Date k ent) Location (i. dress eral description of location) and legal description of property in question: (use additional sheets as necessary) PEOPerty is located at the southerly terminus of Alamo Hts. Drive. Lot 188 of Tract 30578 How many oaks trees will be cut, removed, relocated or damaged? A total of 295 trees are onsite How many oak trees will remain? Yet to be determined lease see Tree Re ort for details Will trees to be removed be replaced? vas in some cases (indicated on site plan) and schedule for planting. If yes, indicate the proposed size, type location To be determined see Tree re ort Are trees to be relocated? Yes in some cases If yes, identify who will remove them and their qualifications for doing this. Bonierra Consulting IS preparing an overall re ort for the City and the ro'ect Proponent for this pr2p_erty will utilize..a firm acceptable to the City to remove relocate or replace any existin trees. r 13URDEN OF PROOF Submit additional sheets descries how the Mowing findin � Ys wbe satisfied. A. That the proposed emstruction or pevpoaed use will be dished without remaining trees subject to this Part 16 Chapter 22.56, if any, on the subject prop�y �� health of the B. That the removal or rrloc�oa of the oak diversion or increased flow of surface waters which p�Propowd wr71 'Wt>sult in soil erosion through the be srddCxorily mitigated, and C. That in addition to the above facts at least nese of &e, following findings apply: 1 • That the removal or rrlocdov of the oak preewt location($) frustrates the planned ' proveemom Pnspoaed nOOpssRrY = continued existence at such an extent that; or PwPoaed use of the subject property to a. Alft abve development plans cannot leve the Mine Of such alternative would be prohibitive, or r� tted de=ity or that the cost b• Placement of such tree($) precludes the muoaable and efficient use of such property for a use otImWire authorized, or 2. That the oak tree(s) proposed for removal Or sdocahighways either within or outside of the subject Pop" interfere with utility aavices or streets and interfere exists other than removal of the tree(s), oozy and no r>raaonable alternative to such 3. That the condition of the oak trees) Pied for disease or danger of Y is mmovW with reference to seriously debilititin� preaer p"OC � that it cannot be and practices. remedied through reasonable vsriou Datt Apphcaat,s Sip____ L PLANNING COMMISSION RESOLUTION NO. 2004-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 2004-01 (SCH #2003071051) TO CITY COUNCIL AND RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 53670 AND THE MITIGATION MONITORING PROGRAM SET FORTH THEREIN FOR A FIVE LOT RESIDENTIAL SUBDIVISION LOCATED AT THE TERMINUS OF ALAMO HEIGHTS DRIVE (EAST SIDE), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner/applicant, Mr. ,ferry 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 4, 2004, public hearing notices were mailed to approximately 115 property owners within a 1,000 -foot radius of the project site. On November 9, 2004, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, on November 10, 2004, notification of the public hearing for this project was provided in the San Gabriel Vall ly Tribune and Inland Vall)y Daily Bulletin newspapers. 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows. 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project idehtified 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 Planning Commission has reviewed the EIR and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows.- (a) ollows: (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 EIR; 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-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; and to remove and replace oak and walnut trees. 2 Tentative Ma Findin s {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 densityallowed fornew 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 /C- FA Pad Elevation 1 1.7 22,000 990 2 3 4 5 1.2 1 0 1.0 1.6 23,000 23,000 22,000 20,000 1 990 990 980 970 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 acres. The VTTM 53670 proposes to subdivide 7.5 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 EIR review 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. 3 (h) The design of the subdivision or the proposed improvements will not likely cause substantial environmental damage or injure fish or wildlife or their habitat. 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 Califomia 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 will be designed at a slope ratio of no - steeper than 2:1 and keyed into approved natural ground; o Standard conditions of approval related to compliance with Uniform Building Code; o All grading is to be performed under the observation of a registered geotechnical engineer, o Recommendations contained in the geotechnical and engineering geological investigation is to be implemented during grading/construction activities; o Compliance with all Los Angeles County Fire Department code requirements; 4 o All property owners will be provided with a disclosure statement that identify the responsibility of maintaining the fuel modification zones within their property as defined in the approved Fuel Modi€ication Plan; o Compliance with 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; 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. (j) 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 to 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 discharged sewerage from the proposed subdivision into the community source system will 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 5 drain system, energy dissipaters, standard conditions of approval, mitigation measures, potentially significant water quality impacts would be reduced to levels less than significant. (!) 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 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. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council certify the Environmental Impact Report and recommends that the City Council approve VTTM 53670 and the Mitigation Monitoring Program subject to the following conditions: ?.. 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 recommended approval by the Planning Commission to 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 effect 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 Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of it and 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: (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 of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 7 (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 within 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 fees 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. Planninn (1) The Mitigation Monitoring Program outlined in Environmental Impact No. 2004-01 (SCH #2003071051) and approved by the 4 8f 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) Through the "Buyer's Awareness Program", Applicant 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. In addition, single-family residential dwelling units shall utilize the following development standards: (a) Front yard setback minimum 30 feet from front property line; 9 (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 will 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 preservaticn 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 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 10 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. 01) 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. 11 D. Public Works/Engineering Works/EngineeringDivision General (1) Prior to final map approval, written certification that ail utility services and any other services 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 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 12 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) 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. 13 (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. 14 (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; 15 (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 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 pians shall be approved by the City Engineer prior to final map approval by the City Council. 16 (12) 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 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 17 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 53434. 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 18 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 19 domestic and fire flows as may be required by the City Engineer, WVWD and Eire 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 20 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 Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K. Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boulevard, Diamond Bar, CA 91785. APPROVED AND ADOPTED/ THIS 23RD DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF TIDE/CITY OF DIAMOND BAR. BY: Dan Nolan, Chairman' I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: Commissioners: V/C Tanaka, McManus, Low, Tye, Chair Nolan NOES: Commissioners: None ABSENT: Commissioners: None STATE OF CALIFORNIA ABSTAIN: Commissioners: None COUN'ry `DF ES SS CITY OF I, LINDA C. CITY C1.E;RK OF THE CITY �j r• OF EJ1A,ti:Di L' ;,y W_"! -BY CLRTIFY UNDER I►'� 1'FN � i Y (, ..--�". ` STNI`L .: � 1 ; , . � � LAWS OF� THY ATTEST: ' FULL, i7tJ. t, .r; 4�. >C.`,' UjOING TO 13E A OWGP�AL AS James DeStefano, Secretary oI1 rcl:. 5'' ^ "I' "�!`'' ON FILE IN MY IN i',;Ir?,irtitiWP'I.,_I1.1,A L:':(EREUNTOSET MY1�:iNDA11FeA'. ��I`tr'� T1 i' SE L01'THE CETY OP jQ1AMONIi Fs 3:,'I'F i5 c )Y� c� OF �- p�. DAY ^� 7 LINDA C. LO WRY, CITY CLERK 21 By ` DEPUTY�— PLANNING COMMISSION RESOLUTION NO. 2004-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT CITY COUNCIL APPROVE 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 ALAMO HEIGHTS DRIVE (EAST SIDE), DIAMOND BAR, CALIFORNIA (APN #8713-028-030). A. RECITALS 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 No. 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." 2. On November 4, 2004, public hearing notices were mailed to approximately 115 property owners of record within a 1,000 -foot radius of the project site. On November 9, 2004, the project site was posted with a display board. On November 10, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, public hearing notices were postied in three public places within the City of Diamond Bar and 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the zone change identified above in the resolution 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 thereunder and determined not to have a significant effect on the environment. 3. The Planning Commission hereby finds as follows: (a) The proposed Zone Change relates to a vacant property 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) 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. (c) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and a current zoning designation of Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000). (d) The Application request is for approval to change the existing zoning designation to Rural Residential (RR), which is in compliance with the General Plan land use designation for the project site. (e) After due consideration of public testimony, staff analysis and deliberations, the Planning Commission recommends that the existing zoning be changed from Single Family Residence - Minimum Lot Size 20,000 square feet (R-1-20,000) to Rural Residential (RR). In accordance to the General Plan, the maximum gross density for the RR land use designation is 1.0 dwelling units per acre or less. The Commission has determined that the Rural Residential (RR) zone implements the Strategies of the General Plan. Furthermore, the RR zoning district is utilized to identify hillside areas intended for rural living, including the keeping of animals, with supporting accessory structures. The property that the zone change will affect is compatible with the General Plan land use designation description and will be able to adhere to the development standards for the RR zoning district as prescribed in the City's Development Code. Therefore, approval the Zone Change for the proposed project is consistent with the General Plan. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and V. (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 23RD DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Dan Nolan, Chairman 1. James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: Commissioners: Tye, Chair Nolan, Low, McManus, V/C Tanaka NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: James DeStefano, Secretary V -: co"flKl'y CW .A, CITY TI -T -F (ITY 1. LAMM C. !FT1 IF, A FUU- -]Rul WE 0111611NAL" A" - IN My IN SS W OF DtAMUN 1) D,� D NDA C. _()Wpy. C1 FCL'cRK BY - DEPUTY 3 PLANNING COMMISSION RESOLUTION NO. 2004-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO CITY COUNCIL OF 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 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 4, 2004, public hearing notices were mailed to approximately 115 property owners within a 1,000 -foot radius of the project site. On November 9, 2004, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, on November 10, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily -Bulletin newspapers. 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution required an Environmental Impact Report. Environmental Impact Report No. 2004-01 - SCH # 2003071051 (hereinafter referred to as EIR) 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 Planning Commission has reviewed the EIR and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission 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 EIR; 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-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 Manaaement The Planning Commission shall evaluate a Conditional Use Permit for hillside development based on the following objectives and required findings: 2 (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 Heights 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. The EIR has been prepared for the proposed project and has analyzed visual impacts, scenic resources, drainage courses, watershed areas, steep slopes and vernal pools. Although the project site is currently undeveloped vacant land, it does not contain any 3 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. In addition, 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 orscenic 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. ` (i} 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 (f) and (h). According to the EIR, natural rock outcroppings do not exist at the project site. 4 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 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 • Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. (j} 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. (k) The utilization of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes. 5 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. 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 (f) referenced above, discusses grading alterations on slopes. (I) The utilization of building designs, locations, and arrangements, which serve to avoid a continuous intrusive Skyline effect and which afford 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. (m) 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. 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. (o) The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside. C-1 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 alignthe road with proposed VTTM 53430. All improvements and the extension of Alam Heights Drive will be constructed to the satisfaction of the City Engineer. Tree Permit It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied: (p) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community. (q) 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). (r) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated. (s) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks). (t) 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. (u) 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. (v) 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 E1R 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 7 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 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 Planning Commission hereby recommends that the City Council certify the Environmental Impact Report and recommends that the City Council approve VTTM 53670 and the Mitigation Monitoring Program subject to 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 recommended approval by the Planning Commission to 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, L 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 EIR is certified, and Tentative Tract Map No. 53670, 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 and agree 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, indemnity, 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 of 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 D pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within 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 fees shall be paid prior to the issuance of a Building and Safety Division permit. In addition, 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) In accordance 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 the approval 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 the EIR 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). 10 (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. In addition, 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 11 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 position. 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 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. 12 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. 13 (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 Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 14 (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 15 obtained from the affected property owner and the City as required by the City Engineer. E. Gradincl (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 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; 16 (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. (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. 17 (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 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. (12) 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 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. 18 (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 southeriy 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. 19 (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 marls 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 set 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 20 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 fines shall 21 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 Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Jerry K. Yeh, Horizon Pacific Diamond Bar, LLC, 2707 S. Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: / Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of November 2004, by the following vote: AYES: Commissioners: V/C Tanaka, Low, McManus, Tye, Chair Nolan NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None STFTcO"CPL`c;'IA COUNTY OF L"j::, `tiG�:.FS � SS CITY OF DIANIC14,0D PAR J ATTEST: Jars DeStefano, Secretary 1, LIT?DA C. LOWRY. CITY CLERK OF THE PITY OF DIAMOND BAR: DO FIFF.EBY CERTIFY UNDER PENALTY OF Pi:I=JI filY L'NL)ER THE' Laws OF THE CALIFORNIAS1.41E OF 1-H7 FORGOING TO BE A FULL, TRUE AND CORRECI COPY OF THE ORIGINAL AS SAME APPEARS ON FILE IN MY OFFICE. IN WITNESS W1IERFON. I HAVE HEREt INTO SET MY HAND AND AFFIXED THE �E} (7F THE CITY O IAMONI) LJAR. THIS i 1' ' ' DAY OF lair° " c: 20 LINDA C. LOWRY, CITY CLERK BY I DEPUTY 22 ro ....y. ......ice — � PMYA�57AEET "A' ANO AL4WO V1E✓rHT$ OWVE LEGEND ..wan it xw.r� T 11 VESTING TENTATIVE TRACT MAP NO. 53670 ALAMO HEIGHTS -HORIZON PACIFIC CITY OF DIAMOND BAR, CALIFORNIA GENERAL NOTES PUBLIC UTILITIES GENERAL DESIGN NOTES EASEMENTS NOTES n 0 0 �, Qo� wrw rrwd L[ LEGAL PESMPTION owNEwsuDorvioeR 'T. ...isswinr ..�+u�vArv* wu �,meq :►:��A l t +i' nl� ,i. ;fir' sJ" Q q z4uv' #� 34-r ALAMCp HElGHTSNTTM 53670 ENVIR' WEN`TAL ,IMPACT REPOT T SCH No..�0d30T101 EIR' Mitgat"on Monitoring P-rograrri 1 Prepared for, } City of Diamond Bar' X2;1"825' East Copley Drive Oiamond Bar- California 917F5 Contact: James DeStcfano- De ut Cit r Nana' e .. Prepared by' BortTe , a Consu}ting 3 D N. H.alstead,Stroet, Suite 1.30 Pasadena, California 91107 (626) 361-2000, Contact:, Thomas E. Smith, Jr.; AICP, FSMPS•, Principal November 11, 2004 I EXHIBIT «B„ Mitigation Monitoring Program for VTTM 53670 Southerly Terminus of Alamo Heights Dr. November 23, 2004 Alamo HeightV TTM 53570 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM ALAMO HEIGHTSIVTTM 53670 MORE 1 Ill AMMA pp Xll Aesthetics (Section 3.1): 1. Manufactured slopes will be temporarily revegetated and irrigated to Commencing after the minimize post -construction erosion and to complement the existing completion of grading City Public Works On-site field check natural vegetation on adjacent open spaces until the lots are sold and activities Department permanently landscaped. All, Qualii (Sa tip 3 2} Ongoing during all grading 1. Water exposed surfaces twice a day. and construction activities 2. On the last day of active operations prior to a weekend or holiday, apply On the last day of active operations and/or prior to a water or a chemical stabilizer to maintain a stabilized surface. weekend or holiday City Public Works Department Incorporate into contractor specification and on- 3. Cease grading during periods when winds exceed 25 miles per hour. Ongoing during all grading and construction activities site field check 4. Apply non-toxic soil stabilizers according to manufacturer's specification Ongoing during all grading to all inactive construction areas (inactive for 10 days or more). and construction activities 5. Tum off equipment when not in use for longer than 5 minutes. Ongoing during all grading and construction activities $�gts�9ical, 1. Prior to the issuance of a grading permit or the initiation of any activity that involves the removalldisturbance of oak or walnut woodland habitat, the project applicant will develop a detailed oak and walnut woodland mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of onsite or offsite preservation and/or restoration at no less than a 1:1 acreage ratio. The Prior to the issuance of a City Public Works native trees protected under the Diamond liar Tree Preservation and grading permit or the , DepartmentU.S. Review of oak and Protection Ordinance require a minimum replacement ratio of 3:1. It is initiation of any activity that Corps ofy Arm walnut woodland estimated that 71 coast live oak, 26 scrub oak and 111 southern involves the removal or Engineers, gand mitigation plan and California black walnuts will be removed by project development (total of disturbance of oak or California on-site field check 208 trees). walnut woodland habitat Department of Fish and Game A biological monitor will be present during project grading to record the exact number of native trees impacted. The objective of the mitigation plan is to ensure no net loss of habitat values as a result of the project implementation. Native trees replaced at a 3:1 ratio per the City ordinance should be used in restoration of the 1:1 acreage replacement of oak and walnut woodland habitat. Container mitigation trees Elanted R:TA5U rojects013ARU014W1t Mon Program-1109NA= 1 Alamo HelghtsNTTM 53610 Alamo Helght&V7TM 53670 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo HeightsNTTM 53670 (Continued) 101, off-site will be no larger than 15 gallons in size. Oak trees that will remain in place but need to be trimmed shall be trimmed by, or trimmed under the supervision of, a licensed arborist with specific knowledge regarding oak preservation. The project applicant will implement the mitigation plan, as approved by the City, and according to the guidelines and performance standards of the plan. The mitigation plan submitted to the City will contain the following information, a. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, technical specialists, and maintenance personnel that will supervise and implement the restoration plan will be specified. b. Site selection. The site for the mitigation will be determined in coordination with the project applicant, the City, and resource agencies. The site will either be located on manufactured slopes, on the proposed development site in a dedicated open space area or within dedicated open space area offsite. Locations for replacement woodlands will be areas within or connected to protected natural open space and in an area that has either supported oak/walnut woodland in the past or has the appropriate attributes to support this habitat type. Associated native understory species will be planted and monitored along with trees to achieve viable habitat and adequately compensate for biological functions lost. Appropriate sites must have suitable soils for the establishment of oak and walnut woodland species. c. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff, tree trunks scattered within mitigation site for diversity in habitat structure), 4) soil treatments (i.e., imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. All recommendations will follow the guidelines established by the Diamond Bar Tree Preservation and Protection Ordinance. Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity. (i.e., within ten miles of the project site). d. Schedule. A schedule will be developed which requires planting to occur in late fall and early winter between October and January 30. e. Maintenance plan/guidelines. The maintenance plan will include: 1) weed control; 2) herbivory control; 3) trash removal; 4) irrigation system maintenance; 5 maintenance training,, and 6 replacement WASWrojectsWARW0141Mit Mon Program-110904.doc 2 Alamo Helghts/VTTM 53670 Alamo Heightali 53670 Elf? Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo HelghtsNTTM 53670 (Continued) planting including the option of continual planting of acorns to ensure a diversity in habitat structure. f. Monitoring plan. The monitoring pian will include: 1) qualitative monitoring (i.e., photographs and general observations); 2) quantitative monitoring (i.e., randomly placed transects); 3) performance criteria as approved by the resource agencies; 4) monthly reports for the first year and bimonthly thereafter; and 5) annual reports for five years that will be submitted to the resource agencies and the City on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of oak woodland habitat within the restored and created areas; however, if there is successful coverage prior to five years, the project applicant may request to be released from monitoring requirements from the ACOE, CDFG, and the City. g. Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. Appropriate preservation measures (e.g., performance bonds, easements, dedications) will be secured prior to final map recordation. Prior to grading, the limits of grading will be marked by the construction supervisor and the project biologist. These limits will be identified on the grading plan. The applicant will submit a letter to the City of Diamond Bar verifying that construction limits have been flagged in the field. No earth- moving equipment will be allowed within the open space area. During grading, earth moving equipment will avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. Trees not expected to be impacted by construction will be enclosed by barrier such as orange snow fencing. The barriers will be placed at least 15 feet outside the drip line, and no grade changes will be made within the barrier without prior approval by the City. 2. Prior to issuance of a grading permit, the applicant shall provide the City City Public Works with copies of applicable ACOE and CDFG permits for the proposed Department, U.S. project. The proposed project would impact 0.06 acre of ACOE Army Corps of Review of applicable jurisdictional "waters of the U.S." and 0.43 acre of CDFG jurisdictional Prior to issuance of a Engineers, and ACOE and CDFG areas. Compensatory mitigation for the loss of wetland or riparian grading permit California permits and on-site function and values is a fundamental component of the applicable Department of Fish field check regulatory programs. Mitigation can consist of: 1) avoidance or and Game minimization of impacts, 2 compensation in the form of habitat R:IPASVProjec[sMARU014Wit Mon Pmgram 110804.doo 3 Alamo HeightsNTTM 53670 Alamo HeightVVTTM 53670 OR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo HeightsNTTM 63670 (Continued) restoration, or 3) compensation through participation in a mitigation bank. Avoidance and minimization of impacts is preferred by the agencies. Any compensation through restoration should be on-site, if possible, and in kind. The exact requirements of any special permit conditions established for the proposed project would be determined by the ACOE (Section 404) and/or the CDFG (Streambed Alteration Agreement), following review of the formally submitted project application after completion of the CEQA process. The objective of the mitigation is to ensure no net loss of habitat values from the project. Prior to implementation of any restoration, a detailed program will be developed by the project applicant and will be submitted for approval by the ACOS and CDFG as part of the regulatory permitting process. The project applicant will implement the mitigation plan, as approved by the resource agencies and the City, and according to the guidelines and performance standards of the plan. The mitigation plan will contain the following items: a. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, technical specialists, and maintenance personnel that will supervise and implement the restoration plan will be specified. b. Site selection. The site for the mitigation will be determined in coordination with the project applicant, the City, and resource agencies. The site will either be located on the proposed development site, in an offsite dedicated open space area, or in a dedicated open space area. Appropriate sites must have suitable hydrology and soils for the establishment of riparian species. c. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff), 4) soil treatments (i.e., imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity (i.e., within ten miles of the project site). d. Schedule. A schedule will be developed which requires planting to occur in late fall and early winter between October and January 30. e. Maintenance plan/guidelines. The maintenance plan will include: 1) weed control, 2) herblvory control, 3) trash removal, 4) irrigation RAPAS\Proje01SZBAR1J0141M1t Mon Program-110904.doc 4 Alamo HergnrsrV r i m 0,301 u Alamo Heights/VTTM 53670 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo Heights/VTTM 53670 (Continued) Cig system maintenance, 5) maintenance training, and 6) replacement j planting. f. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations), 2) quantitative monitoring (Le., randomly placed transects), 3) performance criteria as approved by the resource agencies, 4) monthly reports for the first year and bimonthly thereafter, and 5) annual reports for five years that will be submitted to the City and the resource agencies on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of jurisdictional habitat within the restored and created areas; however, if there is successful coverage prior to five years, the project applicant may request to be released from monitoring requirements from ACOE and CDFG. g. Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. Appropriate preservation measures (e.g., performance bonds, easements, dedications) will be secured prior to final map recordation. Prior to grading, the open space limits will be marked by the construction supervisor and the project biologist. These limits will be identified on the grading plan. The applicant will submit a letter to the City of Diamond Bar verifying that construction limits have been flagged in the field. No earth- moving equipment will be allowed within the open space area. During grading, earth -moving equipment will avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. 3. Braunton's milk -vetch was not detectable during the special status plant surveys due to its fire or disturbance -following life cycle. A follow-up survey for this species will be conducted in any area partially disturbed Survey to be conducted City Public Works for surveyor access or geotechnical studies, or areas that may be burned prior to commencement of Department, U.S. in a future wildfire. If Braunton's milk vetch is found in the study area radia activities and after grading f=ish and Wildlife Review of survey during follow-up surveys, the applicant will be required to consult with the soil disturbance through Service and findings USFWS and CDFG to obtain a permit under Section 7 or 10(a) of the surveyor access or California federal Endangered Species Act and a Section 2081 concurrence from geotechnical studies or Department of Fish CDFG under the state Endangered Species Act to impact this species. after wildfire and Game The consultation process will include preparation of a mitigation plan to avoid, relocate, or minimize impacts on this species. This plan will be submitted to and approved by the USFWS and CDFG. R VASTrojectsOBARWO145Mit Mort Program-110904.doc - 5 Alamo NeighWVTTM 53670 Alamo Nelghts/V77M 53670 EiR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo HeightsNTTM 53670 (Continued) �T,IL�N 4. seven days prior to the onset of construction activities, a qualified biologist will survey within the limits of project disturbance for the presence of any active raptor nests (common or special status). Any nest found during survey efforts will be mapped on the construction plans. If no active nests are found, no further mitigation would be required. Results of the surveys will be provided to the CDFG. If nesting activity is present at any raptor nest site, the active site will be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. Nesting activity for raptors in the region of the project site normally occurs from City Public Works February 1 to June 30. To protect any nest site, the following restrictions on constructlon are required between February 1 and June 30 or until q ry ( Seven days prior to the commencement of Department and Review of survey ist nests are no longer active as determined by a qualified bio log : g grading/construction CCalifornia) Department of Fish findings 1) clearing limits will be established a minimum of 300 feet in any activities Game direction from any occupied nest and 2) access and surveying will be and restricted within 200 feet of any occupied nest. Any encroachment into the 3001200 foot buffer area around the known nest will only be allowed if it is determined by a qualified biologist that the proposed activity will not disturb the nest occupants. Construction during the non -nesting season can occur only at the sites if a qualified biologist has determined that fledglings have left the nest. If an active nest is observed during the non -nesting season, the nest site will be monitored by a qualified biologist, and when the raptor is away from the nest, the biologist will flush any raptor to open space areas, The biologist will then remove the nest site so raptors cannot return to a nest. 5. Prior to the issuance of a grading permit, the project applicant will apply for coverage under the State Water Resources Control Board's General Permit for Storm Water Discharge Assoclated with Construction Activity (Construction Activities General NPDES Permit) and will comply with all City Public Works Department, Review of SW PPP the provisions of the permit, including the development of a Storm Water for the prior to the issuance of a Regional Water and associated Pollution Prevention Plan, which includes provisions implementation of Best Management Practices and erosion control grading permit Quality Control engineering plans measures. Best Management Practices will include both structural and Board non-structural measures. The purpose of this mitigation measure is to ensure that site runoff does not adversely affect downstream biological resources. 6. A lighting plan will be submitted to the City for review to demonstrate that In conjunction with City Public Works I Review of plan and field check lighting from the proposed project will be directed away from natural open development of final plans and Community 6 Alamo Neights/VTTM 53670 R:TAS1Projacta06ARV014W1t Man Prograrr,110904.doc _ Alamo Helght& TTM 53670 E!R Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo Heights[VTTM 53670 (Continued) R:TAS1ProjeasQBARW014Mt Mon Program -f 10904.doc 7 Alamo Height&1VTTM 53670 j 1�RIPIATfQN and specifications and prior Development space areas on and adjacent to the study area (i.e., Tonner Canyon). to initiation of grading Departments activities Cultur�t'I�sourres{Sectr�ta 4� 1. A qualified archaeologist shall be retained by the project applicant to prior to issuance of grading attend the pre -grade meeting and to monitor grading activities, During permit and during grading City Public Works On-site field check grading activities, the archaeologist shall conduct limited monitoring to activities Department observe and retrieve any buried artifacts that may be uncovered. 2. The archaeological monitor for the project site shall have the authority to City Public Works temporarily divert or direct grading to allow time to evaluate any exposed During grading activities Department On-site field check prehistoric or historic material. 3. A final monitoring report, including an itemized inventory and pertinent City Public Works Review of final field data, shall be sent to the property owner and to the South Central During grading activities Department monitoring report Coastal Information Center at the University of California, Los Angeles. 4. Any recovered prehistoric and historic artifacts shall be offered, on a first right -of -refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as the CPublic Works Deposition of artifacts Fowler Museum of Cultural History (UCLA) and California State During grading activities partment Department to appropriate University, Fullerton, or alternatively to The Pomona Valley Historical repository Society, La Puente Valley Historical Society, or Pacific Coast Archaeological Society where collections are held locally. 5. A qualified paleontologist shall be retained to attend a pre -grade meeting and produce a mitigation program for the proposed project. This Prior to issuance of grading paleontologist shall attend the pre -grade meeting to discuss the permit and during grading City Public Works On-site field check monitoring, collecting, and safety procedures for the project and shall Department supervise the paleontologic monitoring during earth moving activitiesactivities in the area. 6. Monitoring shall be conducted during earth moving activities within the high sensitivity La Vida Shale Member and the Soquei Sandstone Member. The paleontologist shall tailor the monitoring schedule to the During grading activities City Public Works On-site field check rate of fossil recovery, the number, density, and types of fossils that are Department encountered, the numbers of spreads working simultaneously, and the cubic foot amounts of rack being excavated or disturbed. 7. Screening of sediments shall routinely be conducted during monitoring City Public Works under the supervision of the paleontologist to sample significant small During grading activities Department On-site field check vertebrate remains. R:TAS1ProjeasQBARW014Mt Mon Program -f 10904.doc 7 Alamo Height&1VTTM 53670 Alamo Helghti 53670 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo Heights[VTTM 53670 (Continued) RVASTrojeateMBARU0141MR Mon Program-Si0904.doo 8 Alamo Helghts/V7TM 53670 8. The paleontological monitor shall have the authority to temporarily divert During grading activities City Public Works On-site field check or redirect grading to allow time to evaluate any exposed fossil material. Department 9. During monitoring, any scientifically significant specimens shall be properly salvaged after evaluation by, and under the supervision of, the paleontologist. During fossil salvage, contextual stratigraphic data shall During grading activities City Public Works On-site field check also be collected. This would include lithologic descriptions, localities Department plotted on a USGS 7.5' Series topographic quadrangle, photographs, and field notes. 10. Recovered specimens shall be identified and curated on a long-term loan City Public Works Specimen collection basis in a suitable repository that has a retrievable storage system, such During grading activities Department and deposition in a as the Los Angeles County Museum of Natural History. suitable repository 11. A final report shall be prepared at the end of earth moving activities, and shall include an itemized inventory of recovered fossils and appropriate stratigraphic and locality data. This report shall be sent to the City of Upon completion of grading City Public Works Review of final report Diamond Bar to signify the end of mitigation. Another copy shall activities Department accompany any recovered fossils, along with field logs and photographs, to the designated repository. per{ ,y xitS .�tFF`��RY�. 71 .... 1. The recommendations contained in the Geotechnical and Engineering Geological Investigation, prepared by Environmental Geotechnology Laboratory, Inc. on June 11, 2003 shall be implemented during grading/construction activities on the project site, including the following: • Removal of alluvial soils and re -compaction as engineered fill shall be required during grading prior to fill replacement. • If necessary, a buttress fill shall be constructed to stabilize the slope for the proposed development of the northern side of the property Review of grading where the bedding dips out of the slope. During grading and City Public Works and on-site field • Manufactured slopes would include compacted earth berms and/or construction activities Department k check concrete interceptor drains and all slopes shall be landscaped with suitable plants requiring minimal cultivation and irrigation water in order to thrive, thereby fostering slope stability and minimizing the potential for erosion. • Manufactured slopes would be designed at a slope ratio of no steeper than 2:1 and keyed into approved natural ground. • Any underground steel utilities should be blasted and given protective coatings to reduce corrosion potential. RVASTrojeateMBARU0141MR Mon Program-Si0904.doo 8 Alamo Helghts/V7TM 53670 Alamo HeightVV7714 53670 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo Heights/VTTM 53670 (Continued) RAPA51ProjectMDBARV014%MItMon Prograrw110904ADc g Alamo Heignrsivi IM 0,10iv 0 - All cut slopes shall be inspected to verify whether any unsupported bedding is exposed. If any is encountered, the slope face should be over -excavated to 5 -feet below the finish grade and recompacted. Hazards,an HazardnuS M teru3ls {Section 3.6�- _. 1. Irrigation systems will be installed into manufactured slopes within the g Y p During grading activities City Public Works Review of final design plans and on-site field project site to further reduce the risk of wildland fres. Department check 1. The partial roadway extension shall include Bil such as sandbags and a temporary desilting basin, to ensure that sediment -laden runoff does not exit the project site. The Ill would be maintained by theW Prior to and during grading City Public Works Review of grading p laps and on-site field project applicant throughout the construction phase and would then be and construction activities Department maintained by The Country Estates HOA until the project applicant for check VTTM 53430 fully constructs and paves the roadway extension of Alamo Heights Drive. 2. Manufactured slopes shall be seeded with drought -tolerant native As soon as practicable after City Public Works On-site field check vegetation and irrigated as soon as practicable after completion of the completion of pad Department pad construction to reduce potential erosion and sediment. discharges. construction N 1Se e 1. Construction activities would be limited to Monday to Friday between the During all grading and City Public Works On-site field check hours of 7 a.m. to 6 p.m. construction activities Department 2. Prior to issuance of grading permits, a construction traffic plan, equipment staging area, and construction employee parking area Prior to issuance of grading City Public Works Review of plan and program shall be submitted by the applicant to the City for approval to permits Department on-site field check ensure that construction noise impacts from these sources are kept to a minimum. Incorporate into 3. The developer would use improved mufflers on mobile and stationary During all grading and City Public Works contractor equipment when feasible, and would ensure proper maintenance is construction activities Department specifications and on- performed on construction equipment. site field check RAPA51ProjectMDBARV014%MItMon Prograrw110904ADc g Alamo Heignrsivi IM 0,10iv z . Alamo HeightalVTTM 53670 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM ALAMO HEIGHTSNTTM 53670 �Wffi ORION Rig !1111 311pigglill, 11.1 a z KV WN a ;, �,�� t , .�. . Aesthetics (Se.cdon 3.1) 1. Manufactured slopes will be temporarily revegetated and irrigated to Commencing after the minimize post -construction erosion and to complement the existing completion of grading City Public Works On-site field check natural vegetation on adjacent open spaces until the lots are sold and activities Department permanently landscaped. :�1ir (�tralt�(Slor��`x2j: Ongoing during all grading 1. Water exposed surfaces twice a day. and construction activities 2. On the last day of active operations prior to a weekend or holiday, apply On the last day of active operations and/or prior to a water or a chemical stabilizer to maintain a stabilized surface. weekend or holiday City Public Works Department Incorporate into contractor specification and on- 3. Cease grading during periods when winds exceed 25 miles per hour. Ongoing during all grading and construction activities site field check 4. Apply non-toxic soil stabilizers according to manufacturer's specification Ongoing during all grading to all inactive construction areas (inactive for 10 days or more). and construction activities 5. Turn off equipment when not in use for longer than 5 minutes. Ongoing during all grading and construction activities lo�ogf .�'SEPw. 1. Prior to the issuance of a grading permit or the initiation of any activity that involves the removalldisturbance of oak or walnut woodland habitat, the project applicant will develop a detailed oak and walnut woodland mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of onsite or offsite preservation andlor restoration at no less than a 1:1 acreage ratio. The Prior to the issuance of a City Public Works native trees protected under the Diamond Bar Tree Preservation and grading permit or the , DepartmentU.S. Review of oak and Protection Ordinance require a minimum replacement ratio of 3:1. It is initiation of any activity that Army Corps of walnut woodland estimated that 71 coast live oak, 26 scrub oak and 111 southern involves the removal or Engineers, and mitigation plan and California black walnuts will be removed by project development (total of disturbance of oak or California on-site field check 208 trees). walnut woodland habitat Department of Fish A biological monitor will be present during project grading to record the and Game exact number of native trees impacted The objective of the mitigation pIan is to ensure no net loss of habitat values as a result of the project implementation. Native trees replaced at a 3:1 ratio per the City ordinance should be used in restoration of the 1:1 acreage replacement of oak and walnut woodland habitat. Container mitigation trees planted R:SPASWroJectsZBARU0141641t Mon Program 110904.doe 1 Alamo HeightsNTTM 53670 Alamo HeightsAITTM 53670 ElR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo HeightsNTTM 53670 (Continued) off-site will be no larger than 15 gallons in size. Oak trees that will remain in place but need to be trimmed shall be trimmed by, or trimmed under the supervision of, a licensed arborist with specific knowledge regarding oak preservation. The project applicant will implement the mitigation plan, as approved by the City, and according to the guidelines and performance standards of the plan. The mitigation plan submitted to the City will contain the following information. a. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, technical specialists, and maintenance personnel that will supervise and implement the restoration plan will be specified. b. Site selection. The site for the mitigation will be determined in coordination with the project applicant, the City, and resource agencies. The site will either be located on manufactured slopes, on the proposed development site in a dedicated open space area or within dedicated open space area offsite. Locations for replacement woodlands will be areas within or connected to protected natural open space and in an area that has either supported oaklwainut woodland in the past or has the appropriate attributes to support this habitat type. Associated native understory species will be planted and monitored along with trees to achieve viable habitat and adequately compensate for biological functions lost. Appropriate sites must have suitable soils for the establishment of oak and walnut woodland species. c. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (Le., duff, tree trunks scattered within mitigation site for diversity in habitat structure), 4) soil treatments (i.e., imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. All recommendations will follow the guidelines established by the Diamond Bar Tree Preservation and Protection Ordinance. Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity (i.e., within ten miles of the project site). d. Schedule. A schedule will be developed which requires planting to occur in late fall and early winter between October and January 30. e. Maintenance plan/guidelines. The maintenance plan will include: 1) weed control; 2) herbivory control; 3) trash removal; 4) irrigation system maintenance: 51 maintenance training: and 6) replacement RAPASIProjec VEAR11014W Mon Program 110g04.doo 2 Alamo HeightsNTTM 53670 Alamo HeightsNTTM 53670 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo HeightsNTTM 53670 (Continued) NMI= planting including the option of continual planting of acorns to ensure a u� Y diversity in habitat structure. f. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations); 2) quantitative monitoring (i.e., randomly placed transects); 3) performance criteria as approved by the resource agencies; 4) monthly reports for the first year and bimonthly thereafter; and 5) annual reports for five years that will be submitted to the resource agencies and the City on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of oak woodland habitat within the restored and created areas; however, if there is successful coverage prior to five years, the project applicant may request to be released from monitoring requirements from the ACOE, CDFG, and the City. g. Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. Appropriate preservation measures (e.g., performance bonds, easements, dedications) will be secured prior to final map recordation. Prior to grading, the limits of grading will be marked by the construction supervisor and the project biologist. These limits will be identified on the grading plan. The applicant will submit a letter to the City of Diamond Bar verifying that construction limits have been flagged in the field. No earth- moving equipment will be allowed within the open space area. During grading, earth moving equipment will avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. Trees not expected to be impacted by construction will be enclosed by barrier such as orange snow fencing. The barriers will be placed at least 15 feet outside the drip line, and no grade changes will be made within the barrier without prior approval by the City. 2. Prior to issuance of a grading permit, the applicant shall provide the City City Public Works with copies of applicable ACOE and CDFG permits for the proposed Department, U.S. Review of applicable project. The proposed project would impact 0.06 acre of ACOE jurisdictional `waters of the U.S." and 0.43 acre of CDFG jurisdictional Prior to issuance of a Army Corps of Engineers, and ACOE and CDFG areas. Compensatory mitigation for the loss of wetland or riparian grading permit California permits and on-site function and values is a fundamental component of the applicable Department of Fish field check regulatory programs. Mitigation can consist of: 1) avoidance or and Game minimization of im acts, 2 corn ensation in the form of habitat RVASTrojacts%DBARU0141Mit Mon Program-110904.doc 3 Alamo HeightsNTTM 53670 Alamo Heights/VTTM 53670 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo HeightsNTTM 53670 (Continued) R:1PAS1Projects\D6ARU0141Mit Mon Prograi 10904.doc 4 Alamo Heights/VTTM 53670 Y I IN �,. restoration, or 3) compensation through participation in a mitigation bank. Avoidance and minimization of impacts is preferred by the agencies. Any compensation through restoration should be on-site, if possible, and in kind. The exact requirements of any special permit conditions established for the proposed project would be determined by the ACOE (Section 404) and/or the CDFG (Streambed Alteration Agreement), following review of the formally submitted project application after completion of the CEQA process. The objective of the mitigation is to ensure no net loss of habitat values from the project. Prior to implementation of any restoration, a detailed program will be developed by the project applicant and will be submitted for approval by the ACOS and CDFG as part of the regulatory permitting process. The project applicant will implement the mitigation plan, as approved by the resource agencies and the City, and according to the guidelines and performance standards of the plan. The mitigation plan will contain the following items: a. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the landowner, technical specialists, and maintenance personnel that will supervise and implement the restoration plan will be specified. b. Site selection. The site for the mitigation will be determined in coordination with the project applicant, the City, and resource agencies. The site will either be located on the proposed development site, in an offsite dedicated open space area, or in a dedicated open space area. Appropriate sites must have suitable hydrology and soils for the establishment of riparian species. c. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (i.e., duff), 4) soil treatments (i.e., imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity (i.e., within ten miles of the project site). d. Schedule. A schedule will be developed which requires planting to occur in late fall and early winter between October and January 30. e. Maintenance plan/guidelines, The maintenance plan will include: 1 weed control, 2 he:rbivory control, 3 trash removal, 4), irrigation R:1PAS1Projects\D6ARU0141Mit Mon Prograi 10904.doc 4 Alamo Heights/VTTM 53670 Alamo Neights(OTM 53670 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo Heights/VTTM 53670 (Continued) RAPASlProjKtsZBARUC14Wit Mon Program 110904.doc 5 Alamo Heights/VTTM 53670 eF " �' IR system maintenance, 5) maintenance training, and 6) replacement planting. f, Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations), 2) quantitative monitoring (i.e., randomly placed transects), 3) performance criteria as approved by the resource agencies, 4) monthly reports for the first year and bimonthly thereafter, and 5) annual reports for five years that will be submitted to the City and the resource agencies on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of jurisdictional habitat within the restored and created areas; however, if there is successful coverage prior to five years, the project applicant may request to be released from monitoring requirements from ACOS and CDFG. g. Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual mitigation plan to ensure the mitigation site is not impacted by future development. Appropriate preservation measures (e.g., performance bonds, easements, dedications) will be secured prior to final map recordation. Prior to grading, the open space limits will be marked by the construction j supervisor and the project biologist. These limits will be identified on the ! grading plan. The applicant will submit a letter to the City of Diamond Bar { verifying that construction limits have been flagged in the field. No earth- } moving equipment will be allowed within the open space area. During grading, earth -moving equipment will avoid maneuvering in areas outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. 3. Braunton's milk -vetch was not detectable during the special status plant surveys due to its fire or disturbance -following life cycle. A follow-up survey for this species will be conducted in any area partially disturbed Survey to be conducted City Public Works for surveyor access or geotechnical studies, or areas that may be burned prior to commencement of Department, U.S. in a future wildfire. If Braunton's milk vetch is found in the study area during follow-up surveys, the applicant will be required to consult with the grading activities and after Fish and Wildlife Review of survey USFWS and CDFG to obtain a permit under Section 7 or 10(a) of the soil disturbance through surveyor access or Service and California findin s g federal Endangered Species Act and a Section 2081 concurrence from geotechnical studies or Department of Fish CDFG under the state Endangered Species Act to impact this species. after wildfire and Game The consultation process will include preparation of a mitigation plan to avoid, relocate, or minimize impacts on this species. This plan will be submitted to and approved by the USFWS and CDFG. RAPASlProjKtsZBARUC14Wit Mon Program 110904.doc 5 Alamo Heights/VTTM 53670 Alamo Haights/VTTM 53670 E1R Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo Heights/VTTM 53670 (Continued) INN 4. Seven days prior to the onset of construction activities, a qualified biologist will survey within the limits of project disturbance for the presence of any active raptor nests (common or special status). Any nest found during survey efforts will be mapped on the construction plans. If no active nests are found, no further mitigation would be required. Results of the surveys will be provided to the CDFG. If nesting activity is present at any raptor nest site, the active site will be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. Nesting activity for raptors in the region of the project site normally occurs from February 1 to June 30. To protect any nest site, the following restrictions Seven days prior to the City Public Works on construction are required between February 1 and June 30 (or until commencement of Department and Review of survey nests are no longer active as determined by a qualified blologist): Californiagradinglconstruction findings 1) clearing limits will be established a minimum of 300 feet in any activities Department of Fish direction from any occupied nest and 2) access and surveying will be and Game restricted within 200 feet of any occupied nest. Any encroachment into the 3001200 foot buffer area around the known nest will only be allowed if it is determined by a qualified biologist that the proposed activity will not disturb the nest occupants. Construction during the non -nesting season can occur only at the sites if a qualified biologist has determined that fledglings have left the nest. If an active nest is observed during the non -nesting season, the nest site will be monitored by a qualified biologist, and when the raptor is away from the nest, the biologist will flush any raptor to open space areas. The biologist will then remove the nest site so raptors cannot return to a nest. 5. Prior to the issuance of a grading permit, the project applicant will apply for coverage under the State Water Resources Control Board's General Permit for Storm Water Discharge Associated with Construction Activity (Construction Activities Genera: NPDES Permit) and will comply with all City Public Works the provisions of the permit, including the development of a Storm Water Prior to the issuance of a Department, Review of SWPPP Pollution Prevention Plan, which includes provisions for the implementation of Best Management Practices and erosion control grading permit Regional Water Quality Control and associated engineering plans measures. Best Management Practices will include both structural and Board non-structural measures. The purpose of this mitigation measure is to ensure that site runoff does not adversely affect downstream biological resources. 6. A lighting plan will be submitted to the City for review to demonstrate that In conjunction with City Public Works Review of plan and lighting from the proposed project will be directed away from natural open development of final plans and Community field check RAPASIProjectsV)8ARV014Wit Man Program-110904,doc 6 Alamo HeighWVTTM 53670 Alamo HeightsNTTM 53670 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo Heights/VTTM 53670 (Continued) 0, mm 3 a� k�aTON M and specifications and prior Development space areas on and adjacent to the study area (i.e., Tonner Canyon)` to initiation of grading Departments activities Cultural:F�esour4�es�Ss�ct<tprt,3.41, 1, A qualified archaeologist shall be retained by the project applicant to During Prior to issuance of grading City Public Works attend the pre -grade meeting and to monitor grading activities. to Permit and during grading Department On-site field check grading activities, the archaeologist shall conduct limited monitoring activities observe and retrieve any buried artifacts that may be uncovered. 2. The archaeological monitor for the project site shall have the authority to temporarily divert or direct grading to allow time to evaluate any exposed During grading activities City Public Works Department On-site field check prehistoric or historic material. 3, A final monitoring report, including an itemized inventory and pertinent City Public Works Review of final field data, shall be sent to the property owner and to the South Central during grading activities Department monitoring report Coastal information Center at the University of California, Los Angeles. 4. Any recovered prehistoric and historic artifacts shall be offered, on a first right -of -refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials such as theDeposition City Public Works of artifacts Fowler Museum of Cultural History (UCLA) and California State During grading activities Department to appropriate University, Fullerton, or alternatively to The Pomona Valley Historical repository Society, La Puente Valley Historical Society, or Pacific Coast Archaeological Society where collections are held locally. 5. A quailed paleontologist shall be retained to attend a pre -grade meeting and produce a mitigation program for the proposed project. This paleontologist shall attend the pre -grade meeting to discuss the Prior to issuance of grading permit and during grading City Public Works On-site field check monitoring, collecting, and safety procedures for the project and shall activities Department supervise the paleontologic monitoring during earth moving activities in the area. 6. Monitoring shall be conducted during earth moving activities within the high sensitivity La Vida Shale Member and the Soquel Sandstone Member. The paleontologist shall tailor the monitoring schedule to the During grading activities City Public Works On-site field check rate of fossil recovery, the number, density, and types of fossils that are Department encountered, the numbers of spreads working simultaneously, and the cubic foot amounts of rock being excavated or disturbed. 7. Screening of sediments shall routinely be conducted during monitoring under the supervision of the paleontologist to sample significant small During grading activities City Public Works On-site field check Department vertebrate remains. R;1PAS1Pro 9ctsZBARU014Wit Mon Program-110804,doc 7 Alamo Height& TTM 53670 Alamo Height& rTM 53670 FIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo HeightsNTTM 53670 (Continued) R:TASUProjsdsN08AR1.;014WA Mon Progranr110904.doc a Alamo NaighWVTfM 53670 W1t�R►o'to1�[, During grading activities City Public Works On-site field check 8. The paleontological monitor shall have the authority to temporarily divert or redirect grading to allow time to evaluate any exposed fossil material. Department S. During monitoring, any scientifically significant specimens shall be properly salvaged after evaluation by, and under the supervision of, the paleontologist. During fossil salvage, contextual stratigraphic data shall During grading activities City Public Works on-site field check also be collected. This would include lithologic descriptions, localities Department plotted on a USGS 7.5' Series topographic quadrangle, photographs, and field notes. 10. Recovered specimens shall be identified and curated on a Jong -term loan City Public Works Specimen collection basis in a suitable repository that has a retrievable storage system, such During grading activities Department and deposition in a as the Los Angeles County Museum of Natural History. suitable repository 11, A final report shall be prepared at the end of earth moving activities, and shall include an itemized inventory of recovered fossils and appropriate stratigraphic and locality data. This report shall be sent to the City of upon completion of grading City Public Works Review of final report Diamond Bar to signify the end of mitigation. Another copy shall activities Department accompany any recovered fossils, along with field logs and photographs, to the designated repository. 77 1, The recommendations contained in the Geotechnical and Engineering Geological Investigation, prepared by Environmental Geotechnoiogy Laboratory, Inc. on June 11, 2003 shall be implemented during grading/construction activities on the project site, including the following: • Removal of alluvial soils and re -compaction as engineered fill shall be required during grading prior to fill replacement. • If necessary, a buttress fill shall be constructed to stabilize the slope for the proposed development of the northern side of the property Review of grading where the bedding dips out of the slope. During grading and City Public Works plans and on-site field • Manufactured slopes would include compacted earth berms and/or construction activities Department check concrete interceptor drains and all slopes shall be landscaped with suitable plants requiring minimal cultivation and irrigation water in order to thrive, thereby fostering slope stability and minimizing the potential for erosion. • Manufactured slopes would be designed at a slope ratio of no steeper than 2:1 and keyed into approved natural ground. • Any underground steel utilities should be blasted and given protective coatings to reduce corrosion potential. R:TASUProjsdsN08AR1.;014WA Mon Progranr110904.doc a Alamo NaighWVTfM 53670 Alamo Height&V"M 53670 E!R Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM Alamo HeightsNTTM 53670 (Continued) M-0 ,:. . , ,,� • All cut slopes shall be inspected to verify whether any unsupported bedding is exposed. If any is encountered, the slope face should be over -excavated to 5 -feet below the finish grade and recompacted. Hazards an , a'i rdo i 14jater ats 3 Gttorr.3 6} 1. Irrigation systems will be Installed into manufactured slopes within the During grading activities City Public Works Review of final design plans and on-site field project site to further reduce the risk of wildland fires. Department check Flydr�rl c���fia�3'4a�tt�,�ctipg-�� , 1. The partial roadway extension shall include BMPs, such as sandbags and a temporary desilting basin, to ensure that sediment -laden runoff does not exit the project site. The Bli would be maintained by the Prior to and during grading City Public Works Review of grading project applicant throughout the construction phase and would then be and construction activities Department plans and on-site field maintained by The Country Estates HOA until the project applicant for check VTTM 53430 fully constructs and paves the roadway extension of Alamo Heights Drive. 2. Manufactured slopes shall be seeded with drought -tolerant native As soon as practicable after City Public Works vegetation and irrigated as soon as practicable after completion of the completion of pad Department On-site field check pad construction to reduce potential erosion and sediment discharges. construction 1. Construction activities would be limited to Monday to Friday between the During all grading and City Public Works On-site field check hours of 7 a.m. to 6 p.m, construction activities Department 2. Prior to issuance of grading permits, a construction traffic plan, equipment staging area, and construction employee parking area Prior to issuance of grading City Public Works Review of pian and program shall be submitted by the applicant to the City for approval to permits Department on-site field check ensure that construction noise impacts from these sources are kept to a minimum, Incorporate into 3. The developer would use improved mufflers on mobile and stationary During all grading and City Public Works contractor equipment when feasible, and would ensure proper maintenance is construction activities Department specifications and on- performed on construction equipment. site field check R:1PAslProject$1DBARU014Ut Mon Program-110904.doc 9 Alamo Heights/VTTM 53670 TWM -WM O, "N' r'epared b+.--,:' i to My x4 i any 26)�351� P'�� 'g A�Xi M`it� v,:P Of R RA, :�,ilhqma V: p.cf At ;t ytiw TOM? n AM? WWI %,"Jo MAAS, 0" YTinciDal, My Ing f!"INg" "MM Em ✓ ;wall Mmw as,& " J M Via la gugs 10 3, , 1,j AN MIN AMA V Noy6hibia 1-1, ,2004,.'-: Alamo HeightslVTTM 53670 Draft Environmental Impact Report Responses to Comments TABLE OF CONTENTS Section Paqe Introduction...............................................................................................................................1 Listof Respondents.................................................................................................................2 Responsesto Comments..........................................................................................................3 Letter 1 Responses: California Department of Fish and Game........................................3 Letter 2 Responses: California Office of Planning and Research....................................5 Letter 3 Responses: County of Los Angeles Fire Department.........................................5 Letter 4 Responses: Wildlife Corridor Conservation Authority .........................................6 APPENDICES Appendix A Comment Letters Received for Alamo HeightsNTTM 53670 Appendix B Response to California Department of Fish and Game Question #3 Appendix C Response to County Fire Department Question #1 R:1PA8\ m*c1s\DBARU0141Rr"RXAM04.doc Table of Contents Alamo HeightsA TTM 53670 Draft Environmental Impact Report Responses to Comments J; 4` INTRODUCTION The purpose of this document is to present public comments and responses to comments received on the Draft Environmental Impact Report (EIR) for the Alamo Heights/VTTM 53670 project (State Clearinghouse No. 2003071051) located in the City of Diamond Bar, California. A Draft EIR was available for a 45 -day public review and comment from July 23, 2004 through September 7, 2004. In accordance with the State of California Environmental Quality Act i�ii (CEQA) Guidelines §15088, the City of Diamond Bar, as the lead agency, has evaluated the comments received on the Draft EIR and has prepared written responses to these comments_ As required by CEQA Guidelines §15132(d), the Final EIR shall consist of: (a) The draft EIR or a revision of the draft. (b) Comments and recommendations received on the draft EIR either verbatim or in summary. (c) A list of persons, organizations, and public agencies commenting on the draft EIR. (d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process. (e) Any other information added by the Lead Agency. This document is to be included with the Draft EIR (Volume 1) and the Technical Appendices T �r (Volume II) to comprise the Final EIR. Comments submitted on the Draft EIR included questions regarding Fire Department resources and requirements and the impact of the project on biological resources. Each comment letter is included in Appendix A and each question/comment is manually numbered on the letter. The responses to each question/comment in the body of this report incorporate the corresponding numbering system. s. a I e R:1PAS\Projeds\DBARV014XF1na1 R2Cr110904.doc 1 Introduction Alamo HeightWUM 53670 Draft Environmental Impact Report Responses to Comments WCCA 7 Response: Because there will not be any dedicated open space or mitigation areas on the project site, mandating a correlation between vegetation clearing/grading and the title dedication of open space is not appropriate. No changes to the EIR are required. WCCA 8 Response: Please refer to WCCA 4 Response. WCCA 9 Response: As stated in Mitigation Measure 3.3-1(d), "A schedule will be developed which requires planting to occur in late fall and early winter between October and January 30." This mandated timeline is appropriate due to the correlation with the rainy season, thereby increasing the likelihood of mitigation success. No changes to the EIR are required. WCCA 10 Response: The Draft EIR does not suggest that tree replacement areas would be planted with trees three times as dense as currently exists on-site. As discussed in Mitigation Measure 3.3-1(c) on page 3.3-26, "All recommendations [in the mitigation plan] will follow the guidelines established by the Diamond Bar Tree Preservation and Protection Ordinance." No changes to the EIR are required. WCCA 11 Response: Table 3.3-4 on page 3.3-20 divides the study area into "TT 53670" and "Off-site" acreages and then quantifies the impacted acres. The "Remaining" heading indicates the amount of land in the study area that the proposed project will not impact. Neither the table nor the text of the report characterizes this "Remaining" land as protected or preserved in any way. No changes to the EIR are required. R:1PAS1Pro*ts0BARU0141Fina1 R2G110904.doc 7 Response to e=.�. Y"a �: r"s r -4w- y' ,..�-�,�.. `Y ril �,"�7 $� '! �... .. '�-� f:,l �: y{,�' i '� ,} ..,.a .4 .�. _:-eq• # MT ., fi J t ?. I' 4Y -' • t i t 4 i x JQ t. t av"1 AWA is sit, p& s { MIT i -use Q--' TAQQawnvj woo Sawn MA'A t ?. I' 4Y -' • t i t 4 i x JQ p& s { MIT Q--' TAQQawnvj woo Sawn MA'A 49 4 V � ? to u A � y �^ k 4 t � C ; n Win v MAN 1 , . State of California - The Reso=esenc � y ARNOLD SCHWA.RZENEGGI?R, Governor DEPARTMENT aF F1SH AND GAME http:llvwww.dfg.ce.gov 4549 VIewridge Avenue San Diego, CA 92123 -„ (858) 467-4201 . September -7, 2004 Fla folu EDD QL`,;A9 Ann Lungu City of Diamond Bar �21825 E. Copley DriveDiamond Bar, CA 91765 f Alamo Helghts/VTTM 53670 Draft Environmental Impact Report, City of Diamond Bar, Los Angeles County State Clearinghouse Number 2003671051 Dear Ms. Lunges; The Department of pish and Game (Department) appreciates the opportunity to comment on the above -referenced Draft Environmental impact Report (DEIR) relative to impacts to biological resources. The project consists of coustruction of five gaded lots for custom home development. The entire 7.5 acres will be graded. The site is currently undeveloped and supports 2.04 acres of oak woodland, 2.28 acres of walnut woodland, and 3.17 acres of non_ native annual grassland; 0.43 acre of this is subject to regulation by the Department pursuant to Fish and Game Code Section 1600 et seq. Additional off-site impacts will also occur and may include up to 0.92 acre of oak woodland and 0.68 acre ofnon-native annual grassland. no site is located on a hillside above To=er Canyon. The following statements and comments have been Prepared pursuant to the Department's authority as a Trustee Agency with jurisdiction over natural resources affected by the project (CEQA Section 15385), and pursuant to our authority as a Responsible Agency under CEQA Section 15381 over those aspects of the proposed project that come under the purview of i either the California Endangered Species Act (Fish and Game Code Section 2050 et seq.) or the Streambed Alteration Program (Fish and Came. Code Section 1600 et seg.): b 1. Any impacts toad' o adjacelat off-site habitats that result from the need for wildfire protection will need to be included as a project impacts and mitigated. 'Tris should be determiried•bet'ore' mitigation plans are finalized. 2. Figures 2.2-2 and 3.1-8 differ in the configuration of Drive. The extent of these impacts need to be clarified. �ma #a the west of Alamo Heights • a-' area should be limited as much as possible, particularly impacts to mature native tree species. �C 3. The abbreviation SA, is Used in, Table 3.3-3. This should be added to the legend. City of Diamond Bar September 7, 2004 Page 2 rr� 4. Section 3.3.2 acknowledges project impacts to raptor foraging habitat, but concludes that it is Ll less than significant. The Cumulative Impacts section only addresses biological resources �C generally, concludes that the project would contribute to a cumulatively significant effect, and states that project nutigatiou measures would reduce the severity of the cumulative impacts to less than significant levels. Bven though project impacts to raptor foraging may not be slgrl ficant, the cumulative impacts are. Mitigation for both walnut and oak woodlands will not mitigate for foraging habitat. A significant component of the raptor foraging habitat on � g this site is the grasslands, even though they may be dominated by non-native species. The incremental loss of foraging habitat has resulted in the decline of many- aptor species. Continued i unmitigated loss of this habitat contributes to this decline and will eventually decrease bio- diversity in the region. For this reason, the Department is consistently recommending that impacts to annualgrassland be mitigated in an appropriate location, at a ratio of 0.5 acres of grassland preservation for each acre of loss. 'l S. The emphasis of nutigation for both oak and walnut woodland should be compensation fur 1 habitat functions ti�rough the successful establishment and long --tern, survival of woodland habitat, based on an acreage mitiga6oin ratio rather than a tree ratio. The mitigation ratio for both i oak and walnut woodland should be 3.1. locations for replacement woodlands should be areas within or connected to protected natural ace open . For slow p � Browing species such as oak, preservation Of existing woodlands maybe a more approptiate means of compensating for lost habitat values, 1frestoration of woodland acreage will be attempted, it should be located in an area that has either supported oak/walnut woodland in the past or has thea riate a ort this pPmP attributes to support habitat type. In created woodlands, associated native undeistory species must be planted and monitored along witix trees to achieve viable habitat and adequately compensate for biological functions lost, In addition, specific woodland and undemtory perfornmce criteria should be met and the planted areas should be monitored for a minimum of tear years. We recommend against planftng large container or boxed trees because they typically perfor n poorly in natural segs. t ncrally, with the use of smaller container sizes, q transplanted tress are ultimately heakthier,.quicker growing, more wind -resistant, and more drought -resistant. The Department often encourages the direct planting of acorns or walnuts. These recommendatioaxs are based on the inverse relationship between container stock size and j the growth and long-term viubilitY Of the Pruned to an unnatural single -bunk and b�nbmUch n tanSpecimen boxed trees are generally � 8' dard", ate less wind -resistant, and are subject to increased weed competition than tow -branching natural trees . These,largeir containerized trees also generally have circling roots or large diameter roots cut during repotting, ali California. r.trees are less able to establish Califate extensive root system, essential for survival in exid �• t C Oaks that will remain in place but will need to be trimmed, should be trimmed by, or I trimmed under the supervision of, a. licensed arborist with specific knowledge regarding oak } preservation. As noted in MM 3.3-1, all oak and walnut trees that will not be removed should be fenced off to Prevenut equipment from operating within 15 feet of the drip line of these trees, i i City of Diamond Bar September 7, 2004 Page 3 6. Impacts to streambeds may need to be authorized pursuant to Section 1602 of the Califomia Fisli and Game Code. ►D G 7. In oxaez to ensure that the proposed mitigation will compensate for lost habitat values, including .raptor foraging, the location of the mitigation site and plans for habitat restoration `7 should be submitted to the Department for review and approval, The mitigation site will need to be located in an area with long term conservation Values,.snd must include a mechanism to preserve it as wildlife habitat inAQP tyetui. Pians for restoration and revegetation should be i prepared by persons with expertise in southern California ecosystems and native plant revegetation techniques. Each plan should include, at a minimurn. (a) the location ofthe mitigation site; (b) the plant species to be used, container sizes, and seeding rates; (e) a schematic depicting the mitigation area; (d) planting schedule; (e) a description of the irrigation methodology; ( measures to control exotic ve detailed monitorin Minn on site; ( speci$c success criteria; (h) a 8 Arn$rM; (i) contingency measures should the success criteria not be m and 6) identification of the ' party responsible for meeting the success criteria and providing for conservation of the mitigation site in perpetuity, �I17 e� 8. IVW.3-4 indicates a biologist may remove active nests during the non -nesting season. �j However, nests which contain eggs or Young are protected by California Fish and Game Code 3503 and 3503.5 regmdless Of the time of year. Nesting season dates are only general guidelines. The Department fords that the project would not be de minimis in its effects on dsh and .wildlife per Section 711.4 of the California Fish and Game Code, Questions regarding this tetter and further coordination on these issues should be directed to Pam Beare at (858) 4674229. Sincerely, Donald R Chadwick Rabitat Conservation Supervisor cc: State Clearinghouse U.S. Fish and Wildlife Service PB:pb AI=DMCfghtsDEIR.doc STATE OF CALIFORNIA Governor's Office of Planning and Re search,.-; �1•A' State Clearinghouse and Planning Limit'" mut Arnold g Grp to PFYI3. 39 Jan Boel Schwarrer l ��' ' '� Acting Director Governor September 8, 2004 Ann Lungu City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 Subject: Alamo Heights VTTM 53670 SCHM 2003071051 Dear Ana Lungu: The State Clearinghouse submitted the above mined Draft EIR to selected state agencies for review. On the enclosed Document Details Reportplease note that the Clearingltouse has listed the state agencies that reviewed your document. The review period closed on September 7, 2004, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse im=diately. Please refer to the project's ten -digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that: ��� "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are t required to be carred out or approved by the agency. Those comments shall be supported by �r speck documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you havo complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, Terry Ro Director, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL(916)445-0613 PAX(916)323-3018 www. cpr.cLgov uVVu�uc��c wwtaud stCNcn� State Clearinghouse Data Base SCH# 2003071051 Project Title Alamo Heights VTTM 53670 Lead Agency Diamond Bar, City of Type EIR Draft EIR Description VTTM 63670 Includes the development of five single-family custom residential lots on approximately 7.5 acres of hillside area within the City of Diamond Bar. The project site is located within The Country Estates, a gated residential community located in the southeastern portion of the City. The gross I density of the VTfM 53670 would be 0.67 dwelling units per acre. Vegetation on the project site . includes annual grasslands, walnut woodland, and oak woodland, which would be removed in conjunction with grading activltes. The project site contains two drainage features located within a stand of oak woodland that originate from property east of the site and exit from the southern boundary of the project site. Approximately 102,000 cubic yards of cut and fill grading would be required for the project and would be balanced on-site. Lead Agency Contact Name Ann Lungu Agency City of Diamond Bar Phone 909 839 7032 Fax email www.CityofDlamondBar.com Address 21823 E. Copley Drive City Diamond Bar State CA Zip 91765 Project Location County Los Angeles City Diamond Bar Region Cross Streets Alam Heights Drive/Steeplechase Lane Parcel No. 9713-028-030 Township Range Section Base Proximity to: Highways SR 57 Airports Railways Waterways Tonner Canyon Creek Schools 1 High School, 1 Mid School, 2 Elementary Schools } Land Use R-1-20,0001 Rural Residential (RR) Project Issues Aesthetic/Visual; Air Quality; Archaeologic-Histodc; Flood Plain/Flooding; Forest Land/Hre Hazard; Geologic/Seismic; Noise; Public Services; Schools/Universiffes; Sewer Capacity; Soli Erosion/Compaction/Grading; Solid Waste; Vegetation; Water Quality; Water Supply: Wetiand/Riparian; Wildlife; Cumulative Effects l Reviewing Resources Agency; Department of Fish and Game, Region 5; Department of Forestry and Fire Agencies Protection; Department of Parks and Recreation; Department of Water Resources; Caltrans, District 7; Regional Water Quality Control Board, Region 4; Native American Heritage Commission f Date Received 07122/2004 Start of Review 0712212004 End of Review 09/07/2004 Note: Blanks In data fields result from insufficient information provided by lead agency. P, MICHAEL FREEMAN FIRE CHIEF FORESTER & FIRE WARDEN September 7, 2004 Ms. Ann Lungu City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Dear Ms. Lungu: COUNTY OF LOS ANGELES FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES. CALIFORNIA WW3-3294 (323) 890-4330 NOTICE OF AVAILABILITY OF A DRAFT ENVIRONMENTAL RAPACT REPORT FOR THE -ALAMO HEIGHTS" PROJECT, VTTM # 53670 — "DIAMOND BAR" (EER #207412003) The Notice of Availability for the Draft Mitigated Negative Declaration for the aforementioned project has been reviewed by the Planning Division, Land Development Unit, and Forestry Division of the County of Los Angeles Fire Department. The following are their comments: PLANNING DIVISION: The subject development will receive fire protection and paramedic service from the County of Los Angeles Fire Department. Fire Station 120, located at 1051 S. Grand Avenue, Diamond Bar 91765, is the jurisdictional station for 1 this property. It has a 4 -penton assessment engine (an engine company with some limited paramedic capabilities). The closest paramedic squad is in Station 119, located at 20480 E. Pathfinder Road, Walnut CA 91789. We would need a detailed map showing the location of proposed homes as well as existing and proposed streets in order to calculate response distanceshimes_ Fire protection serving the area appears to be adequate for the existing development/land use. The area is rural with circuitous roads and gated access. The project is rural in density. The service level is in keeping with the character of the area and the proposed development. LAND_ DEVELOPMENT UNITIGENERAL REOUIREMENTS: The proposed development may necessitate multiple ingress/egress access for the circulation of traffic, and emergency { response issues. The Department may condition future development to provide additional means of access. The development of this project must comply with all applicable code and ordinance requirements for construction, access, water mains, fire flows and hydrants. Specific fire and life safety requirements for the construction phase will be addressed at the building fire plan check. There may be additional fire and life safety requirements during this time. Every building constructed shall be accessible to Fire Department apparatus by way of access roadways, with an all-weather surface of not less than the SERVING THE UNINCORPORATED AREAS OF Los ANGELES COUNTY AND THE CITIES OF: RA HILLS BRADBURY CUDAHY HAWTHORNE LA MIRADA MAUSU POMONA TESIA CALABASAS DIAMOND BAR "IDDEN HILLS LA PUENTE MAYWOOD RANCHO PALOS VERGES SIGNAL HILL SOUTH EL MONTE AZUSA CARSON DUARTE HUNTINGTON PARK LAKEWOOD NORWALK ROLLING HILLS SOUTH GATE "ALDNNN PARK CERRITOS EL MONTE INDUSTRY LANCASTER PALMDALE ROLLM FILLS ESTATES TEMPLE CITY ELL CLAREMONT GARDENA INGLEWDOo LAWNDALE PAIRS VERDES ESTATES ROSEMEAD WALNUT IELL GARDENS COMMERCE GLENDORA IRWINDALE LOMITA PARAMOUNT SAN DIMAS WESTHOLLYWOOD ELLFLOWER COVINA HAWANAN GARDENS LA CANADA FLINTRIDGE LYNWOOD . Pro RrVERA SANTACLARITA WESTLAKE VILLAGE vAarnrc3 i• MS. Aad Long' Seplerhher 7, 204 Page 2 prescribed width rhe roadway shall be extendc& to within 150 feet of all portions of the exterior walls when measured by an unobstructed route around the exterior of the building. Access roads shall be maintained with a minimum of ten (10) feet of brush clearance on each side. Fire access roads shall have an unobstructed vertical clearance clear -to -sky with the exception of protected tree species. Protected tree species overhanging fire access roads shall be maintained to provide a vertical clearance of 13 feet, 6 inches. Me maximum allowable grade shall not exceed 15% except where topography makes it impractical to keep within such grade; in such cases, an absolute maximum of 20% will be allowed for up to 150 feet in distance. The average maximum allowed grade including topographical difficulties shall be no more than 17%. Grade breaks shall not exceed J� 10% in ten 00) feet When involved with a subdivision in a city contracting fire protection with the County of Los Angeles Fire Department, requirements for access, fire flows and hydrants are addressed during the subdivision tentative map stage. Fire sprinkler systems are required in some residential and most commercial occupancies. For those occupancies not requiring fire sprinkler systems, it is strongly suggested that fire sprinkler systems be installed. This will reduce potential fire and life losses. Systems are now technically and economically feasible for residential use. i SINGLE-FAMII�YITWO-FAMELY DWELLING UNITS: Single-family detached homes shall require a minimum fire flow of 1,250 gallons per minute at 20 pounds per square inch residual pressure for a two-hour duration. When there are five or more units taking access on a single driveway, the minimum fire flow shall be increased to 1,500 gallons per minute at 20 pounds per square inch residual pressure for a two-hour duration. Fire hydrant spacing shall be 600 feet and shall meet the following requirements: 1. No portion of lot frontage shall be more than 450 feet via vehicular access from a public fire hydrant. 2. No portion of a structure should be placed on a lot where it exceeds 750 feet via vehicular access from a properly spaced public fire hydrant. ` 3. When cul-de-sac depth ey,ceeds 450 feet on a residential street, hydrants shall be required at the comer and mid -block. j 4. Additional hydrants will be required if hydrant spacing exceeds specified distances. A Fire Department approved tuning area shall be provided for all driveways exceeding 150 feet in Iength and at the end of all cul-de-sacs. Fire Department access shall provide a minimum unobstructed width of28 feet, clear-towslry and be within 150 feet of all portions of the exterior walls of the first story of any single-uniL If exceeding 150 feet, provide 20 feet minimum paved width "Private Driveway/Fire Lane" clear -to -sky to within 150 feet of all portions of the exterior walls of the unit Fire Lanes serving three (3) or more units shall be increased to 26 feet. Sheets or driveways within the development shall be provided with the following: 1. Provide 36 feet in width on all streets where parking is allowed on both sides. 2. Provide 34 feet in width on cul-de-sacs up to 700 feet in length. This allows parking on both sides of ` the street. 3. Provide 36 feet in width on cul-de-sacs from 701 to 1,000 feet in length. This allows parking on both sides of the street. 4. For streets or driveways with parking restrictions: The entrance to the street/driveway and intermittent spacing distances of 150 feet shall be posted with Fire Department approved signs stating "NO PARKING — FIRE LANE" in three-inch high letters. Driveway labeling is necessary to ensure access for Fire Department use. Ms. Ann Lungu September 7, 2004 Page 3 5. Turning radii shall not be Iess than 32 feet. This measurement shall be determined at the centerline of the road. LIMITED ACCESS DEVICES (GA,TES. ETC.1: All access devices and gates shall meet the following requirements: 1. An single -gated o enin used for in �YOpening grecs and egress shall be a minimum of 26 feet in width, clear -to - sky. 2. Any divided gate opening (when each gate is used for a single -direction of travel -- i.e., ingress or egress) shall be a minimum width of 20 feet clear -to -sky. 3. Gates and/or control devices shall be positioned a minimum of 50 feet from a public right-of-way, and shall be provided with a turnaround having a minimum of 32 feet of turning radius. If an intercom system: is used, the 50 feet shall be measured from the right-of-way to the intercoms control device. 4. All limited access devices shall be of a type approved by the Fire Department. 5. Gate plans shall be submitted to the Fire Department prior to installation. These plans shall show all locations, widths and details of the proposed gates. TRAFFIC CALMING MEASURES: All proposals for traffic calming measures (speed humps/bumps/cushions, traffic circles, roundabouts, etc.) shall be submitted to the Fire Department for review prior to implementation. Should any questions arise regarding design and construction, and/or water and access, please contact Inspector Marvin Dorsey at (323) 890-4243. I FORESTRY DIVISION• The statutory responsibilities of the County of Los Angeles Fire Department, Forestry Division include erosion control, watershed management. rare and endangered species, vegetation, fuel modification for Very High Fire x Hazard Severity Zones or Fire Zone 4, aitheological and cultural resources, and the County Oak Tree Ordinance. t r + Due to the limited amount of information included its your request, we are unable to respond to specific potential SIJ impacts. If you have any additional questions, please contact this office at (323) 590-4330. Very truly yours, DAVID R. LEININGER, CHIEF, FORESTRY DIVISION PREVENTION BUREAU DRL:sc WILDLIFE CORRIDOR CONSERVATION AUTHORITY STEVE FELD CHAIR PUBLIC MEMBER LOS ANGELES COUNTY BOB HENDERSON VICE- CHAIR CITY OF WHrMER GLENN PARKER PUBLIC MEMBER ORANGE COUNTY FRED KLEIN CITY OF LA HABRA HEIGHTS CAROL HERRERA CITY OF DIAMOND BAR 407 W. IMPERIAL HWY, SUITE H. PMB 230. BREA, CALIFORNIA 92821 TELEPHONE: (310) 589.3230 FAX: (31 D) 5l�4�TanR �) (1 September 1, 2094 James DeStefano Deputy City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, California 91765 L �L Comments on Draft Environmental Impact Report for Tentative Tract Map 53670 Dear Mr. DeStefano: BEV PERRY The Wildlife Corridor Conservation Authority (WCCA) has reviewed the CITY OF BREA Draft Environmental Impact Report (DEIR) for Tentative Tract Map (TTM) E FZABrMCHEADLE SANTA MONICA MOUNTAINS 53670. WCCA was created for the proper planning, conservation, environmental protection, and maintenance of the habitat and wildlife CONSERVANCY corridor between the Puente -Chino Hills and the Cleveland National GARYWATTS Forest in the Santa Ana Mountains. In a September 3, 2003 letter, CALIFORNIA STATE PARKS WCCA provided comments on the Notice of Preparation for this project. .TAMES HARTL LOS ANGELES COUNTY The proposed p p sed project consists of the construction of five graded lots for BOARD OF SUPERVISORS custom -home development on 7.5 acres of vacant undeveloped land located near the current terminus of Alamo Heights Drive (DEIR, p. ES - 1). The entire site would be graded and existing vegetation would be I removed. Impacts associated with the projectwould be incurred beyond the project site, for a total area of impact of 9.15 acres. According to the DEIR (p. 3,3-19, 3.3-20), the project would impact 2.96 acres of oak woodland and 2.28 acres of walnut woodland, including 71 coast live oak, 26 scrub oak, and 111 southern California black walnut trees. In addition 3.85 acres of non-native annual grassland, and 0.06 acre of developmentlresidential would be impacted. With respect to the proposed project, WCCA Is most concerned with the anticipated significant impacts to oak and walnut woodlands: As the DEIR states (p. 3.3-12), the oak and walnut woodlands in the Puente - Chino Hills, including Tonner Canyon, are considered to be the best remaining stands of these trees south of Ventura County. Any final project that is approved should provide substantial avoidance of the oak and walnut woodlands onsite. Also, the Final Environmental Impact Report (FEIR) should provide additional specificity regarding mitigation for biological impacts, as described later in this letter. A PUBLIC ENTI TY OF 71 lE STA3E OF CALIFORNIA ESTABLISHED PURSUANT TO THE joINT EXERCISE OF PowERS ACT Tentative Tract Map 63670 Draft Environmental Impact Report September 1, 2004 Page 2 Alternatives To reiterate from WCCA's September 3, 2003 letter, the FOR should consider an )CLA alternative that avoids the majority of impacts to native trees. Alternatives 2 and 3 in the DEIR would result in substantially fewer impacts to oak trees. However, at least one alternative in the FEIR should provide substantial avoidance of both oak ander woodlands_ WCCA appreciates the City's efforts to present two feasible alternatives in the DEIR that would result in significantly reduced impacts to biological resources. Alternative 2—Clustered Development, would leave the majority of Lots 3 and 4 undeveloped and would clusterthe development in the central and northern portions of the site. The majority of the oak trees and jurisdictional- drainages in the southern portion of the site would be avoided, although walnutwoodlands and some oak trees would be removed in the northern and central portions of the site. The DEIR (p. 5-6) states that smaller grading pads would not be consistent with the surrounding homes or general character of the area, thus one objective of the project would not be satisfied. Alternative 3 — Three Lots, would also preserve the majority of Lots 3 and 4, and would result in similar biological impacts as those expected for Alternative 2. Alternative 3 would meet all the project objectives. WCCA would recommend an alternative that avoids the majority of natio tr 1 Y e oak and walnut trees on site, Alternative 2, or Alternative 3, over the proposed project. Need for effective mitigation for impacts to biological resources The mitigation for impacts to oak and walnut woodlands should be further specified in the FEIR to ensure the highest level of assurance that the mitigation will effectively offset significant impacts to this important resource. The FEIR must specifically include mitigation measures that assure long-term protection ,7 of the mitigation areas for woodlands (restoration and/or acquisition areas). The current language in the DEIR (p. 3.3-26) cannot assure these mitigation areas will be protected. The DEIR defers some of these details to a conceptual mitigation plan to be developed and approved by the City. The DEIR also states that appropriate preservation measures (e.g., erfommance bonds, easements, dedications) will be secured prior to final map recordation. WCCA recommends that the FOR mitigation measures specifically require that undisturbed open space areas onsite, and other mitigation areas, be dedicated in fee simple to a public conservation agency. If that is not possible, then the FEIR should require overlapping conservation easements to be recorded in favor of a cic onservation agency, and the City. In addition, the FEIR mitigat'-on measures must explicitly state which uses are prohibited and permitted in these mitigation areas. The ' WcC A- �-S Tentative Tract Map 53670 Draft Environmental Impact Report September 1, 2004 Page 3 prohibited: structures, grading, fencing (except as necessary -or prc4e!ctlon of rnitic atinn Sareas), roads, reservoirs, utilities, removal of vegetation (except -,b- native plant res tion), grazing, and any. other kind of development. If fuel mcldiflciltoll areas are: neluded in any fee simple dedication, the homeowners assoclatton muat he prantnd an easement to conduct fuel modification within the dedication area in order "o pmd, ude d!e: need for the public conservation agency to pay for it. The FEIR must sp e-Ofy that the -kmi e dedication, or recordation of overlapping conservation easements, � touli Ile: c� 'mplemented prior to any vegetation clearing or grading. The FEIR, ridge tion n:eaau-es C must also require a long-term funding source for long-term manage!rnent of;.he mitigatic!n areas. If restoration is to be implemented (as opposed to preservation), IN, FEIR Mm"t Spe(Ay U) when the restoration vall be implemented_ To maximize the bElnefit if the restv-atian f:q those resources to be impacted, it is preferable to implement sfie re>toral,on pr'or to *! C1 impact (e.g., vegetation removal orgrading). This may not always be po * ltle. The FE:I ii f should state that the planting shall commence prior to the initiation of gra•; ing r, nos.sit71;�. and all plants shelf be installed within six months of the initiation of grading vi-con-tstruct on, WCC14 The DEIR proposes a tree replacement ratio of 3:1 (per Diamond Bar's ordi zance), and nn 0 acreage ratio of 1:1. The FEIR should address the possibif r that plant ng trees Wee times as dense as currently exists may not be successful. Other comment Table 3.3-4, "Vegetation Impacts of the Proposed Project in Acres" (DE:IR, p. is misleading. WCCA concurs that It is valuable information to map Vegetat.,on around 411 U]GC. ' project site in order to adequately analyze the impacts. Hnweuer, ; it is m."!lee.d'nig t3 troll this offslte habitat as "remaining" In this table. This table glvejs the Imprrrssion the t the project is protecting 19.69 acres, when in fact ft Is not. Furtherru,re, this table (accompanied with Figure 3.3-3) seems to imply that the vegetation adjarmnt ivW t3 rtae South of the proposed project will "remain,' when in fact this adjace;11 arem to the south is ! proposed to be developed as part of TTM 53430. Thank you forthe opportunity to comment if you have any questions, pie -a -m contad:.l1jdi Tames! of our staff at the above address, or by phone at (310) 569„320(), a:tl. •f;t1. Sincerehj. Steven tc. Feld Chairperson Date To: From: Subject: WILDLIFE CORRIDOR CONSERVATION AUTHORITY 407 W. IMPERIAL HIGHWAY. SUITE H. PM8 #230. BREA. CALIFORNIA 9282 i TELEPHONE: (31 O) 589`3230 FAX: (31 O) 5892408 MEMORANDUM September 1, 2004 The Governing Board Members Joseph T. Edmiston, FAICP, Executive Officer Agenda item Vill: Consideration of resolution authorizing a letter to the City of Diamond Bar on Alamo Heights Vesting Tentative Tract Map 53670, Tonner Canyon watershed. Back round: Documents were not received in time. This letter will be delivered via e-mail or fax prior to the meeting. A PUBLIC ENTITY OFTHESTATE OF CALIFORNIA ESTABLISHED PURSUANTTO THE JOINT EXERCISE OF POWERS ACF WILDLIFE CORRIDOR CONSERVATION AUTHORITY 407W. IMPERIAL HWY. SUITE H. PM8 230. BREA. CALIFORNIA 92821 TELEPHONE: (310) 589.3230 FAX: (310) 5892409 'September 3, 2003 GLENN PARKER CHAIR James DeStefano PUBLIC NiEmBER Tentative Tract Map No. 53670 ORANGE COUNTY Deputy City Manager CITY OF LA HABRA HEIGHTS City of Diamond Bar STEVE FELD 21825E. Copley Drive VICE -CHAIR following comments on Notice of Preparation (NOP) of a Draft PUBLIC MEMBER Diamond Bar, California 91765-4178 Los ANGELES COUNTY (VTTM) No. 53670. WCCA was created to provide for the proper BOB HENDERSON Comments on Notice of Preparation for Vesting -`TYOFWHITTIER Tentative Tract Map No. 53670 FRED KLEIN CITY OF LA HABRA HEIGHTS Dear Mr. DeStefano: DEBORAH O'CONNOR CITY OFDIA.MONDBAR The Wildlife Corridor Conservation Authority (WCCA) provides the PEV PERRY following comments on Notice of Preparation (NOP) of a Draft �iTYOFBREA. Environmental Impact Report (DEIR) for Vesting Tentative Tract Map (VTTM) No. 53670. WCCA was created to provide for the proper s±L17AHETH GHEADLE SANTA MONICA MOUNTAINS planning, conservation, environmental protection, and maintenance of the C`ONS'ERVANCY habitat and wildlife corridor between the Whittier -Puente -Chino Hills and the Cleveland National Forest in the Santa Ana Mountains. GARYWATTS STATE PARKS CALIFORNIA Per the NOP, the proposed project involves the development of five JAMES HARTL sin le-famil custom residential lots on approximately g y pproximatel 7.5acresofhillside EX OFFICIO MEMBER LOS ANGELES COUNTY area. Approximately 102,000 cubic yards of grading will be needed to �OARDOFSUPERVISORS complete the project and will be balanced on the site. The NOP (p. 12) states that the majority of the project site will be cleared of vegetation. Based on an aerial of the area, the site appears to support natural vegetation types such as native woodlands and grassland. The DEIR must include a table which quantifies the acres of impacts to each vegetation type (e.g., oak woodland, walnut woodland, grassland). All project elements that will result in impacts to plant communities should be considered in the acres of impacts, including grading, fuel modification, roads, reservoirs, utilities, etc. This table must clearly quantify the acreage of natural open space that would be preserved onsite_ The DEIR must include one or more maps of the proposed development boundary overlain on vegetation types (e.g., oak woodland, walnut woodland, grassland) and topography. This map must identify all development -related disturbances, including, but not limited to: project footprint. grading, fuel modification, roads, reservoirs, utilities, etc. This type of map should also be provided for each relevant DEIR alternative. A PUBLIC ENTr1Y OFTHE STATE OF CALIFORNIA ESTA9J5HED PURSUANT 70 THE JOINT EXERCISE OF POWERS ACT • .. �" 'b - . - - ... :. -.1 fir_;'t. �; 0-A.. City of Diamond Bar .tsts.d„.i,?s:+ i.rt.6 • VTTM No. 53670 ccs:. r, ;.t r ? • r > September 3, 2003 'Page 2 A least one altemative should be analyzed in the DER which avoids the majority of the impacts to native trees, including southern Califomia walnuts and native oak trees. Specific mitigation measures must be included in the DEIR to offset significant impacts to biological resources. It is inadequate mitigation in a Califomia Environmental Quality Act document to rely on the future obtainment of permits from agencies (e.g., tree permit from the City, Streambed Alteration Agreement from California Department of Fish and Game, and any permit from U.S. Army Corps of Engineers). For example, if significant impacts to oak or walnut woodlands will result from the project, the DER must include at a minimum: the mitigation ratio (i,e., acres of woodlands to be mitigated compared to acres of woodlands to be impacted), method of mitigatiorrt(e.g., restoration or preservation of existing woodlands), locations of proposed mitigation areas, timing of implementation of mitigation, what performance standards will be required, and remedial measures. The DER must demonstrate that these mitigation areas are situated in an ecologically viable configuration. There should not be trees planted adjacent to streets within the proposed development, nor should there* be habitat islands (i.e., surrounded by development). The DER must specify how the mitigation areas will be preserved in perpetuity. One appropriate method to preserve any mitigation areas could be via recordation of overlapping easements to the City of Diamond Bar and to an appropriate public entity capable of managing open space for resource protection, The DER must also address the potential impacts to Tonner Canyon from changes in quality and quantity of runoff caused by the development. Surveys should be conducted for rare and listed plants and animals based on the presence of appropriate habitats found on the property. The DER must include the results of those surveys. The DER must_ address the potential growth -inducing impacts of the project, specifically with respect to the extension of any roads (e.g., Alamo Heights Drive). The DER must address whether the project will facilitate (i.e., remove obstacles to) development on adjacent and nearby properties (e.g., adjacent VTTM 53430, and the City of Industry property located south of VTTM 53430). The DER must address the interdependency of VTTM 53430 with subject tract, with respect to the proposed extension of Alamos Heights Drive. _ _ :1 i' ��- .fit w ` � _ rr+�•..•-+v.i.a.t - __ __ _- . .....Yr:r...:..�+K.:+..w-�.w•: i.i� :S �:r _ _ City of Diamond Bar VTTM No. 53670: - September 3, 2003 - Page 3 The DER must also -address the cumulative impacts to biological resources (including native woodlands and drainages) of this project in light of other nearby proposed developments (including VTfM 53430). Please contact ,Judi Tamasi of our staff at (310) .589.3230 ext. 121 if you have any questions. Sincerely, Glenn Parker Chair /... �~� �� t ►+• • ! • fir.' � .••^.. "�:.r �� ' r,� •Y�� � �, �V•. w_' it •_+•.- .r 7,� � •• � �• `�� L � �r'r -`„' .fir �;! `�; a.. .•,� °� .� ..h - `• `�+ - `� •`• +max•'' - ':^ _ e" t� 1 . .T}"���]� _r � !• '�� . 'ice , ,��1„•� aa����Y. ,+��" ��. Lia �. .r �` �,,. -�:.e =Y�=- r' - is:,n .3•a' -� Y r�'c�� •� � 'Y -.f�� .i; �. ��..� 4 -w -�. ._ 'b. -..moi ••r •b�• v 1 , !s '•. Il:`'-+' , orf, � - -, ar ` �. ,HT1 �` �•' '' •r' �• ,.' --/.:r• '-'-, \> S it %�-' •/T_a.•�:'�. i '"'.1 A' 54, Fs 16 ? ,} 4yG RIM � nt , •� . 4 _ } ,� I . i � � - � �i to tip Nor •h3J B�/,�r S: `_�". �� �o :-qty • � ,�'.� �t � �§ l : � 9� ... �• A. • �'.�} � � a 'r t 63mr L ,� rM ti., +*�1�,��'�����S�,s �'3'•�`� � - _'� `' ;;+." - -� •r'_ `µ).,.s-..a�.1� [; � Z - '"�Y�u: Lr� ";u `�_ _-y�:.--�'. r �`�s. 4n O i [D (i cc I / ILro. 4n r -X cc I / co Jll • O ; i 0 }C tm { i OV WILDLIFE CORRIDOR CONSERVATION AUTHORITY i September 1, 2004 — Agenda Item VIII Resolution No. 04-17 RESOLUTION OF THE GOVERNING BOARD OF THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY AUTHORIZING A LETTER TO THE CITY OF i DIAMOND BAR ON ALAMO HEIGHTS VESTING TENTATIVE TRACT MAP 53670, TONNER CANYON WATERSHED Resolved, That the Governing Board of the Wildlife Corridor Conservation Authority authorizes a letter to the City of Diamond Bar on Alamo Heights Vesting Tentative Tract Map 53670, Tonner Canyon watershed, substantially in accordance with the draftsubmitted for consideration. i F Chairperson AYES: NOES: ABSTENTIONS: ABSENT: I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Goveming Board of the Wildlife Corridor Conservation Authority, duly noticed and held according to law, on the 4 $' day of September, 2004. Dated: i Executive Officer -NOW ;r JI, 4� A tw •Y .tot A6 . s I . �j SWIM: AMdWIl EmftM MW Photo Locations Figure 3.1 -1 Tentative Tract 53670 290 0 Z)o Foot J5 ol� 31.8 Memo HeigbtsNTTM 53670 DRAFT Environrnental Jmpact Report TABLE 3.3-4 VEGETATION IMPACTS OF THE PROPOSED PROJECT IN ACRES Riparian. Riparian vegetation in the study area was mapped as a portion of other vegetation types, such as oak woodland, because the patches of this vegetation did not meet -the minimum mapping unit. Therefore, the vegetation map shows no impacts on these vegetation types, but the impacts are included in other vegetation types described above. Any impact on riparian vegetation is considered significant because of its limited distribution in southern Califomia. Riparian areas 'are typically within the jurisdiction of the ACOE and CDFG. Impacts on jurisdictional areas are included in Table 3.3-5. TABLE 3.3-5 ACOE AND CDFG JURISDICTIONAL IMPACTS OF THE PROPOSED PROJECT TT 53670 Offsite (acres) Total 0..06 vegetation Types - Existing Impacts Existing Impacts I Existing Impacts Remaining Coastal Sage Scrub 0.00 0.00 2.54 0.00 2.54 0.00 2.54 Chaparral 0.00 0.00 0.08 0.00 0.08 0.00 0.08 Oak Woodland 2.04 2.04 8.99 0.92 11.03 2.96 8.07 Walnut Woodland 2.28 2.28 0.37 0.00 2.65 2.28 0.37 Non-native Annual Grassland 3.17 3.17 1.27 0.68 4.44 3.85 0.59 Developed/Residential 0.06 0.06 8.01 0.00 6.07 0.06 6.01 Dirt Road 0.00 O.OD 0.03 4.00 0.03 0.00 0.03 Total 7.55 7.55 21.29 1.60F 28.84 9.15 19.69 Riparian. Riparian vegetation in the study area was mapped as a portion of other vegetation types, such as oak woodland, because the patches of this vegetation did not meet -the minimum mapping unit. Therefore, the vegetation map shows no impacts on these vegetation types, but the impacts are included in other vegetation types described above. Any impact on riparian vegetation is considered significant because of its limited distribution in southern Califomia. Riparian areas 'are typically within the jurisdiction of the ACOE and CDFG. Impacts on jurisdictional areas are included in Table 3.3-5. TABLE 3.3-5 ACOE AND CDFG JURISDICTIONAL IMPACTS OF THE PROPOSED PROJECT Non-native Annual Grassland. The proposed project would impact 3.85 acres of non-native annual grassland. Impacts on annual grassland are considered adverse but less than significant because these areas are considered to have a lower biological value than native vegetation types and are relatively common in the region. Therefore, no mitigation would be required. Developedlikesidential and Dirt Roads. The proposed project would impact 0.06 acre of developed/resiclential. These areas have low biological value and impacts would not be considered significant, therefore no mitigation would be required. Wildlife Impacts To assess impacts on wildlife, the total impact on vegetation types that provide habitat for wildlife was evaluated. Figure 3.3-3 illustrates the vegetation types (i.e., wildlife habitat) that R17Awi%p mv)a gW14E1RUuW3SaRms-OTIMMOC 3.3-20 3.3BlolVCSIResoumesAns"s Section 30Environff=1:a1Ana1ysis Project Impacts' Regulatory Agency (acres) ACOE Non -Wetland 0..06 CDFG 0.43 ' These Impads do not include temporary cowtwalon impacts Source: RBF CcnsuWng 201)3 Non-native Annual Grassland. The proposed project would impact 3.85 acres of non-native annual grassland. Impacts on annual grassland are considered adverse but less than significant because these areas are considered to have a lower biological value than native vegetation types and are relatively common in the region. Therefore, no mitigation would be required. Developedlikesidential and Dirt Roads. The proposed project would impact 0.06 acre of developed/resiclential. These areas have low biological value and impacts would not be considered significant, therefore no mitigation would be required. Wildlife Impacts To assess impacts on wildlife, the total impact on vegetation types that provide habitat for wildlife was evaluated. Figure 3.3-3 illustrates the vegetation types (i.e., wildlife habitat) that R17Awi%p mv)a gW14E1RUuW3SaRms-OTIMMOC 3.3-20 3.3BlolVCSIResoumesAns"s Section 30Environff=1:a1Ana1ysis r ` � 7 J r 'k•1! t r — z� 1` s 1 f � 1 Y 1 / e .5'iy J S �.i 1 'i- n- �• h Y 1 -- `� Y - ti r "� r� 5 * 5 4 S Y L ,y 3 } p sy � �. 3 yY' {'�.t. � ! � 7 J r 'k•1! / e .5'iy J S �.i 1 'i- n- �• h Y 1 -- `� Y � y �,.: Y h 3 _, F - r ; r � Alamo Heights/VTTM 53670 Draft Program EIR Resnonses to Comments Revision to Table 3.3-3 on Page 3.3-15 of the EIR: TABLE 0-4 SPECIAL STATUS WILDLIFE SPECIES KNOWN TO OCCUR IN THE PROJECT REGION M-1 ._ .... _u. rAmphibi,anshammondiiSOC SSC May occur; limited suitable habitat. spadefoot Reptiles Emys [Clemmys] marmorata pallida SOC SSC Not expected to occur; no suitable habitat. Southwestern pond turtle Phrynosorna coronaturn [blainvillei] — SSC May occur; suitable habitat. Coast [San Diego] homed lizard Aspidoseelis [Cnemidophorus] hyperythra [beldingi) — SSC May occur; suitable habitat. [Belding's] Orange -throated whiptail Aspidoscelis [Cnemidophorus] Tigris stejnegeri — SA May occur; suitable habitat. Coastal western whiptail Anniella pulchra pulchra SOC SSC May occur; limited suitable habitat. Silvery legless lizard Charina trivirgata SOC — May to occur; suitable habitat. Rosy boa Diadophis punctatus [modestus] — SA Expected to occur; suitable habitat. [San Bernardino] Ringneck snake Salvadora hexalepis virgultea — SSC May occur; suitable habitat. Coast patch -nosed snake Crotalus ruber Tuber — SSC Expected to occur, suitable habitat. Northern red -diamond rattlesnake Birds Accipiter cooped Observed; suitable foraging habitat; Cooper's hawk* — SSC expected to occur for nesting; suitable nesting habitat. Accipiter striatus Observed; suitable foraging habitat; not Sharp -shinned hawk* — SSC expected to occur for nesting; does not nest in project region. Aquila chrysaetos SSC/ 5 S May occur for foraging; suitable foraging Golden eagle`!*` — habitat; not expected to occur for nesting; potentially suitable nesting habitat. Buteo regalis May occur for foraging; potentially suitable ferruginous hawk** SOC SSC foraging habitat; not expected for nesting; does not nest in project region. May occur as a migrant only; potentially Buteo swainsoni SOC ST suitable foraging habitat; not expected to Swainson's hawk* occur for nesting; does not nest in the project region. Circus cyaneus May occur for foraging; suitable foraging Northern harrier* — SSC habitat; not expected to occur for nesting; potentially suitable nesting habitat. Elanus leucurus Expected to occur for foraging; suitable White-tailed kite* SOC FP foraging habitat; may occur for nesting; potentially suitable nesting habitat. R.-TASTrojeclsOBAW044Tinal R2G110904.dm B -'t Response to Comments Alamo Neights/VTTM 53670 Draft Program EIR Responses to Comments TABLE 0-1 SPECIAL STATUS WILDLIFE SPECIES KNOWN TO OCCUR IN THE PROJECT REGION (Continued) R.VAS1ProjadslOBARW0141Flna9 R2G110904.doc B-2 Response to Comments May occur for foraging; suitable foraging umbarlus rFalco — SSC habitat; not expected to occur for nesting; in" does not nest in project region. May occur for foraging; suitable foraging xicanus — SSC habitat; not expected to occur for nesting; Prairie falcon* no suitable nesting habitat. Falco peregrinus anatum May occur, potentially suitable foraging SOC SE/FP habitat; not expected to occur for nesting; American peregrine falcon* no suitable nesting habitat. Coccyzus americanus occidentalis FC SE Not expected to occur; no suitable habitat. Western yellow -billed cuckoo* May occur for foraging; suitable foraging Asio tlammeus — SSC habitat; not expected to occur for nesting; Short -eared owl* does not nest in project region. May occur for foraging; suitable foraging Asio otus Long-eared owl* - SSC habitat; may occur for nesting; suitable nesting habitat. Athene cunicularia SOC PCISSC Not expected to occur, no suitable habitat. Burrowing owl* Empidonax trailki extimus FE SE Not expected to occur; no suitable habitat. southwestern willow flycatcher* Lanus ludovicianus SOC SSC May occur; suitable habitat. Loggerhead shrike* Vireo bellli pusillus FE SE Not expected to occur, no suitable habitat. Least Bell's vireo* Campylorhynchus brunneicapillus couesi _ SSC May occur; limited suitable habitat. Coastal cactus wren Polloptila califomica califomica Not expected to occur; not observed during Coastal California gnatcatcher FT SSC focused surveys in 2002 or 2003; suitable habitat. Dendroica petechia brewsteri SSC May occur as a migrant; limited suitable Western yellow warbler* foraging habitat. Icteria virens — SSC Not expected to occur; no suitable habitat. Yellow -breasted chat* Almophila rufrceps canescens Southern Califamia rufous -crowned — SSC Observed; suitable habitat. sparrow Amphispiza belti belli SOC SSC May occur; potentially suitable habitat Bell's sage sparrow* Agelaius tricolor May occur for foraging; suitable foraging Tricolored blackbird* SOC SSC habitat; not expected to occur for nesting; limited suitable nesting habitat. Mammals Antrozous pallidus May occur for foraging; suitable foraging Pallid bat — SSC habitat; may occur for roosting; suitable roosting habitat. R.VAS1ProjadslOBARW0141Flna9 R2G110904.doc B-2 Response to Comments Alamo HeightslVTFM 53670 Draft Program EIR Responses to Comments TABLE 0-1 SPECIAL STATUS WILDLIFE SPECIES KNOWN TO OCCUR IN THE PROJECT REGION (Continued) R:TAS\Projectsl6BARV014TFina1 MC-1109M.doc B-3 Response to May occur for foraging; suitable foraging Corynorhinus townsendii pallescens SOG SSC habitat; not expected to occur for roosting; Pale big -eared bat no suitable roosting habitat. Euderma maculatum May occur for foraging; limited suitable SOC SSG foraging habitat; not expected to occur for Spotted bat roosting; no suitable roosting habitat. occur for foraging; suitable foraging Myotis cifiolabrurnMay SOC — habitat; may occur for roosting; suitable Small -footed myotis roosting habitat. Myotis yumanensisMay occur for foraging; suitable foraging SOC — habitat; not expected to occur for roosting; Yuma myotis no suitable roosting habitat. May occur for foraging; suitable foraging Eumops perotis SOC SSC habitat; not expected to occur for roosting; Western mastiff bat no suitable roosting habitat. Nyctinomops fermorosaccus May occur for foraging; limited suitable — SSC foraging habitat; not expected to occur for Pocketed free -tailed bat roosting; no suitable roosting habitat. Nyctinomops macrotis May occur for foraging; limited suitable — SSG foraging habitat; not expected to occur for Big free-talled bat roosting; no suitable roosting habitat. Lepus californicus bennett# SSC May occur; limited suitable habitat. San Diego black -tailed jackrabbit Chaetodipus fallax fallax Northwestern San Diego pocket — SSC May occur; suitable habitat. mouse Neotoma lepida intermedia — SSC May occur; limited suitable habitat. ' San Diego desert woodrat Onychomys torridus ramona SOC SSG May occur; limited suitable habitat. Southern grasshopper mouse Taxidea taxus — SA Expected to occur; suitable habitat. American badger LEGEND Federal (USFWS) State (CDFG) FE Endangered SE Endangered FT Threatened ST Threatened FC Candidate Species PC Proposed State Candidate SOC Species of Conceml SSC Species of Special Concern FP Fully Protected P Protected SA Special Animal Nesting sites protected Wintering habitat protected 1 This list is not actively maintained by the local USFWS office. This term has been included for informational purposes only. R:TAS\Projectsl6BARV014TFina1 MC-1109M.doc B-3 Response to '- I � n � f Y�� h a�• Alamo HeightsAr TM 53870 Draft Program E!R Responses to Comments Text Revision to Page 3.9-1 of EIR: The County of Los Angeles Fire Department is responsible for fire prevention, suppression, investigation, paramedic service, and other related services in the City of Diamond Bar. Fire Station 120, located at 1051 S. Grand Avenue, Diamond Bar 91765, is the jurisdictional station for this property. It has a four -person assessment engine (an engine company with some limited paramedic capabilities). The closest paramedic squad is in Station 199, located at 20480 E. Pathfinder Road, Walnut, Ca 91789. RAPASY-fo*1sNDBAMJ014Tina1 RM-110904.doc C-1 Response to Comments 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 a 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. PREPAR Y: David Doyle, ssistan City Manager 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 Managerv�1(� TITLE: Adoption of Resolution No. 2005 -XX walling 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 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 vacancy will serve the remainder of the term which expires December 2007. David Doyle, As ist t City Manager Attachments: 1. RESOLUTION NO. 2003 -XX CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION; RESOLUTION NO. 2005- 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 i. 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 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 the regular meeting of the City Council of the City of Diamond Bar held on the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - day of January, 2005, by the Linda C. Lowry, City Clerk City of Diamond Bar Q TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK J- DATE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: { 3s _ `77�.i�e��,.'�r��l.. DrFvnd�wrmv PHONE: ORGANIZATION: AGENDA #/SUBJECT: G2� c c��>�f E-: f.;,.� rs �/ 7771� �- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. TO: FROM: ADDRESS: ORGANIZATION: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE:%Ziz 6 ��0���^,�"i,"t 11� PHONE: D •,c� D v3 �, jt -7C. 0-4 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: J f I PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. A4. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY -CLERK FROM: L4 DATE: & VI) ADDRESS: 3 ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK / FROM: �s�s I �r z - C C, << DATE: 1 Y 1 4 S. ADDRESS: 3Sl�✓. �qbN ,4 PHONEc9 1'�d,�- ORGANIZATION: , ti a�� �rL✓, AGENDA #/SUBJECT: c C 7. I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: kl,- rK PHONE: 1-24-1,W ORGANIZATION: AGENDA #/SUBJECT:�� I �(%�� J® k-,Cki'ti 1 expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature