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2/21/2006
Tuesday, February 21, 2006 4:30 p.m. — Study Session CC -8 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 Carol Herrera Mayor Pro Tem Bob Zirbes Council Member Wen Chang Council Member Jack Tanaka Council Member Steve Tye 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 11 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, elating or drinking in the Council Chambers. The City of Diamond Bar uses rec} cled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should besubmitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular potting locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar ca us. A full) agenda packet is available for review during the meeting, in the foyer just outside the Councilchambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with access the podium in order to make a public comment. available by providing the City Clerk three business days Please telephone (909) 839-7000 between 7:30 a.m. Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS mobility impairments who cannot Sign language interpretation is ' notice in advance of a meeting. and 5:30 p.m. Monday through Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamon d-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M.i, AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA February 21, 2006 Next Resolution No. 2006-09 Next Ordinance No. 03(2006) STUDY SESSION: 4:30 p.m., Room CC -8 No. Discussion of Lemon Ave. On/Off Ramp Improvements ► Budget Amendment/Personnel Resolution ► Grand Avenue Trees Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Pacific Crest Drum and Bugle Corp INVOCATION: To Be Announced ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Tom Mangham, on his retirement. NEW BUSINESS RECOGNITION 1.2 Presentation of Certificate Tile to Harry Yan, Owner of Champs Elysees Bakery. Slide presentation. 1.3 Presentation by the L.A. County Library re: "Homework Help On-line." 2. CITY MANAGER REPORTS ANI) RECOMMENDATIONS: 2.1 Trail Head at Sycamore Canyon Park FEBRUARY 21, 2006 3 4. 5. 0 PAGE 2 PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the 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 eaker's Card and ive it to the City Clerk (completion of this form is volunta . There is a five-minute maximum time limit when addressing the City Coun il. 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. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — February 23, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 Ribbon Cutting at Sycamore Canyon Park Trail Head — February 25, 2006 —10:00 a.m., Diamond Bar Blvd. 5.3 Planning Commission meeting — February 28, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.4 City Council Meeting - March 7, 2006 — 6:30 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.5 Traffic and Transportation Commission — March 9, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of February 7, 2006 - Approve as submitted. 6.1.2 Regular Meeting of ('February 7, 2006 — Approve as submitted. 6.2 Ratification of Check Fkegister — Ratify Check Register containing checks dated February', 3, 2006 to February 16, 2006 totaling $1,309,254.62. FEBRUARY 21, 2006 PAGE 3 6.3 Acceptance of Work Performed by C.S. Legacy for Construction of Improvements at Sycamore Canyon Park Trail Head; Direct City Clerk to File the Notice of Completion and Release the Retention Thirty-five Days after the Recordation date; Increase the Contract by $3,734.96 for a Total Contract Amount of $462,363.51. Recommended Action: Accept work performed; Direct the City Clerk to file the Notice of Completion; Release any retention amount thirty-five days after the recordation dater and, Increase Contract Amount. Requested by: Commun4ty Services Department 6.4 Approve $28,601 Increase in the Contract with Advantec Consulting Engineers for a Total Contract Amount of $53,101.00. Recommended Action: Approve. Requested by: Public Works Department 6.5 Approve Second Reading by Title Only, Waive Full Reading and Adopt Ordinance No. 0(2006} Approving Zone Change No. 2005.01 Changing the Existing Zoning of Commercial and Industrial Properties City Wide in (Order to Comply with the General Plan Land Use Designation and Amending the Zoning Map of the City. Recommended Action: Adopt. Requested by: Community Development Department 6.6 Adopt Resolution No.!, 2006 -XX: Approving the City's Records Retention Schedules and Authorizing Destruction of Certain City Records. Recommended Action: Adopt. Requested by: City Manager FEBRUARY 21, 2006 PAGE 4 6.7 Approval of Contract Amendment No. 8 to Add Maintenance of Sycamore Canyon Park Trail Head and Summit Ridge Mini -Park to City -Wide Landscape Maintenance Contract with TruGreen Landcare for Eighteen Months, January 1, 2006 Through June 30, 2007 in the Additional Amount of $11,850, for a Total Authorization of $508,863; Plus Authorization for As -Needed Work as Approved by the City Manager or Designee in the Amount Not -to -Exceed $80,000 for FY 05106 and $80,000 for FY 06107. Recommended Action: Approve. Requested by: Community Services Department 6.8 Approve Contract Amendment in the Amount of $30,000 with A.C.T. GIS, Inc. for Advancekd Geographic Information Systems (GIS) Services and Support folr a Total Authorization of $55,000. Recommended Action: A0prove. Requested by: IS Department 6.9 Approval of Contract Amendment No. 1 with DH Maintenance for Services for Janitorial and Building Maintenance Services to Increase Authorization for As -Needed Work, as Approved by the City Manager or her Designee by $50,000, for a Total Authorization of $225,194 for the Period of July 1, 2005 to June 30, 2006. Recommended Action: Approve Requested by: Community Services Department 6.10 Adopt Resolution No. 006 -XX: Approving Final Tract Map No. 62482, for the Subdivisi n of 14.3 Acre Site into 180 Condominiums (Brookfield Homes), Located on the West Side of Grand Ave., South of Golden Springs Dr. Recommended Action: Adopt, Requested by. Public Works Department FEBRUARY 21, 2006 PAGE 5 6.11 Adopt Resolution No. 2006 -XX: Amending the City's Community Development Block Grant Program for FY 2005-06 to Increase Funding to $26,375 for the Diamond Bar YMCA Child Care Program by Reallocating $8,000 from the Diamond Bar YMCA Day Camp Program. Recommended Action: Adopt. Requested by: Community Development Department 6.12 Adopt Resolution No. X006 -XX: Opposing Assembly Bill 2015, to Expand the Size of the AIQMD Governing Board. Recommended Action: Adopt. Requested by. City Mana'ger 6.13 Appropriate $162,959 foir the Installation and Inspection of Electrical Substructure Facilities riithin Southern California Edison Easement Across Target Property' Located on the Southeast Corner of Grand Ave. and Golden Springs Dr. Recommended Action: Appropriate. Requested by: Public Works Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard 7.1 Public Hearing: (a) First Reading by Title Only, Waive Full Reading of Ordinance No. 0X(2006) Approving Zone Change No. 2005-03 Changing the Existing Zoning for General Plan Compliance From R- 1-20,000 to Rural Residential (RR) for Property Located Directly South of Rocky Trail Rd.nd Alamo Heights Dr. and West of Horizon Ln., Identified by APN Na�s. 8713-023-002, 8713-023-004 8713-023-005, 8713-024-0b1 and 8713-024-002 (Millenium/Cheung Project). (b) Adopt Resolution Noa 2006 -XX: Certifying the EIR (SCH No. 2003051102) and Approviing Mitigation Monitoring Program for TTM No. 53430 as Set Forth Therein for a 48 Lot Residential Subdivision Located Directly South of Rocky Trail Rd. and Alamo Heights Dr. and West of Horizon Ln. FEBRUARY 21, 2006 PAGE 6 (c) Adopt Resolution No. 2006XX: Approving TTM No. 53430, a 48 Lot Residential Subdivision Located Directly South of Rocky Trail Rd. and Alamo Heights Dr. and West of Horizon Ln., and Denying the Appeal Filed by Dr. Hufu Wu, et. (APN NOS. 8713-023-002, 8713-023, 8713-023-005, 8713-024-001 and 8713-024-002). (d) Adopt Resolution No. 2006 -XX: Approving Hillside Management CUP No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 for TTM No. 53430. Recommended Action: Open Public Hearing and Approve. Ordinance No. 0X(2006) for First Reading by Title Only, Waive Full Reading; and Adopt Resolution Nos. 2006 -XX, 20006 -XX and 2006 -XX. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: 8.1 Adopt Resolution No. 20106 -XX: Establishing Salary Ranges for All Classes of Employment Effective February 21, 2006 and Rescinding Resolution No. 2005.58 in its Entirety in Order to Implement Salary Adjustments for Variousi Full -Time Positions; Title Changes for Various Part -Time Positions; and, Appropriation of $57,250 from General Fund Reserves r ! o Fund Pay Adjustments. Recommended Action: Adopt. Requested by: City Manager 8.2 Approve Amendment No. 1 with West Coast Arborists for Tree Maintenance Servicesdor Removal/Replacement of All Trees on Grand Ave. Medians (S 60 to D.B. Blvd.) and Nine (9) Trees at Sycamore Canyon Park; Tree Maintenance Services as Authorized by the City Manager or her Designee; and Appropriation from the General Fund Reserves of $27,775 for a Total FY 2005106 amount of $235,125. Recommended Action: Approve and Appropriate. Requested by: Community] Services Department 9. COUNCIL SUB -COMMITTEE REOORTSICOUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: SR 60/Lemon- Ave Interchange Improvements City Council Study Session February 21, 2006 JE is a t."mg s � Air r ' 'r+�` �n ,+,� u � _ �r -�w .r) 1� • �' tx � �" 047 — j� , �� -f S.'�y¢y,'rg M1L -S CS- 4 W t -W .-- •.. vi�.-y'l ' ZY".'. Or rd i' -1Ee 1 A. all la -t- r` * .-.ii. r am Tl - m a k ' - y sem*+ t 'bA7 f tu. • w' k '� # � • r. V ��• x ........ jfr rip pr h � 4 � •f � A• -3; h u { - ' a . f-urpose vleed 1 -7' p4'. Ito OF $� n .b �- f -•�� ` -p' .'_���_i i �N, �J-,. 111 a'��+��.Yi �� v �gy 3 -i•. � � �� L � � �,�,j`ww„ r FYI � �wnr �� � t� �k � � - 'S� � j •r. pe��9� � � �' � • : r . k �,T 71 1 a tgdr 4 r Y Awe r 41 a� � �, • y �e.wy ��}£� r . w !a �;�SIYkt" � � w_ *� �' ��'S "i-,:'y�'�v rw1..r+ !y W14c y, rr ! {7 Nom+ +?� �•,g <.. ,R k - � j';.z t_-_�r -� _ L•.- ,_fie',+.YM�.� :,�' .,.eL+;f, j. ��` ` s �� �� � v � �. µ � 4 F '� ��rs d; yj. f � 11 r i � �,a . •fes w ra: rt,�4,. � �-.-: �- ,�+`a � it ,:lY r �,'�i yM J }kt� 'k '"'� '�y4•� ._.rye• • - Li IBM s. Nil -C { rL�'Li, K _ RCjT E 60 _ M • `9o- �-'� 'i , � - � - j3 99 A !J M VA ►\m■:3!J►\I► r. r r t \ W � G HALF$ F' 6RE-■ LYN Rei HL Ott) f} , d A\=■!!I!IJ►\■A PErala!nG- ROAD �— \ WALL; � :,. . � � PF 'a. � a � _ P •' N.NL w .:' li 1 ' P,'. a(. 9XJ: REU �/ R,, __ n /i f ACOWRCo f.' r�. ' , . x En OFF aNu oP—/ - Pf?(%' IT N!KC, 14h - RAlP5 A' BRF.. CIN At'. � - .. - •.- ,rte .: � T .. s .. 44 A I = 0 M !'J A Wk Alternative Evaluation Alternative Pros Cons Low construction cost, Partial interchange Moderate right of way impact, No improvement on SR 60 Low impact to the businesses Cost below the available funding 2 Low construction cost Concur Partial interchange Closure of with freeway agreement, Low Banning Way, No improvement on right of way impact SR 60, Non -Standard geometry 3 Safety improvement on SR 60, Partial interchange, Impact to the Eliminate bottleneck on existing businesses, More right of Golden Springs Dr. way impact. 4 Full service interchange, High construction cost, More right Safety improvement on SR 60, of way impact, Impact to the Eliminate bottleneck. existing businesses. 5 Improve weaving on SR 60, Non standard geometry, More right Eliminate bottleneck on of way impact, Closure of Golden Springs Dr. driveways Ar ,1• ' vu's r:: "#AIRa?,; k # ,.x+" � �� '� � ri � , �,' • "fir �`��, t _ a � . 115 A 4 sA: 'si ✓ �c^ �; � � '�' �'*h �� f- -" $tai, 4F' :� �� an v' w�_ ve �' u' t �• �4 .w iT " fir' -- QjS 11 Mal awl ilk it al AW gy TMA fR �HR�:a Et. M a�'.s'[G ili �. .M.� w..MSR.. ^�}:• i�'T '�T' ..ry��Vo'•.�'R1� Q ew� �: I Jf ir 7 j � s a f w • 3�' mw p'�.�� � gra y�" „ ` ' '� r �y�� '.=�' •. .,A [ • w ' i R' 7 :—f-0 lk � ,, � :� ��� � :,� wM►.' � � .� � .'IAS iur ,_� All 10 Y Q} - a a � ,-' � - 4. 4L r � t Ml .R y R. Will ty r At F..._a . t r e d�' S. �y� a 5' � r � i9 rh �1� �[ f� iW+ . ♦ :_y � - y ?£ � -� orf � i Y _ a if& 1. 4�_.�� 7 ;.zr'[ '(F�.�. �y �h,� �" y c' :�L 'e���ir'oy.�,.. � ^"�•�+�^r.•�.. L.-...'""'�yy�r -F^ IL FIWi� F6 r� •x£F - ;: Z'jiy y� .+r. iJ .i !��_ ;� p'M 4oARR .�•� ,�'' � - ��;i � t'� ;�?� � ' .,yam - ' ,�. r ,' w� tr .JE •3. STUDY SESSION ITEM NO.2 SEE AGENDA ITEM NO. 8.1 Study Session Staff Report February 21, 2006 Item #3 TO: Honorable Mayor and Members o be City Council VIA: Linda C. Lowry, City Manage TITLE: CONSIDERATION OF REPLACEMENT TREES FOR GRAND AVENUE MEDIANS BETWEEN 60 FREEWAY AND DIAMOND BAR BLVD. RECOMMENDATION Remove all 51 trees between the 60 Freeway and Diamond Bar Blvd per the time table stated in this report and plant 51 24" box replacemeni trees, using Ginkgo biloba as accent trees at the end of the medians and Camphor Trees as the primary trees. FINANCIAL IMPACT Total cost to remove 51 trees and to plant 5� 24" box replacement trees is $20,213. This amount has been added to agenda item #8.� so the City Council can consider approval of appropriation of funds for this project during tonight's regular Council meeting. BACKGROUND/DISCUSSION The medians on Grand Avenue from the 60 Freeway to approximately Cahill Place are currently under construction. Due to work necessary to replace broken median curbs, five of the large eucalyptus between the 60 Freeway and Golden Springs died and have been removed. There are nine other trees in the project area medians that will also need to be removed. Staff believes this situation provides the opportunity to revise the look of the Grand Avenue entry into the City from the 60 Freeway. Staff believes that replacing the existing trees in the medians with Ginkgo biloba as accent trees at the end of the medians and Camphor Trees as the primary trees will enhance the look of thiE important City entry. The contractor is prepared to start work on the landscaping in the medians, and the replacement trees for the eucalyptus trees that died need o be planted at the beginning of the landscape work. Staff is proposing to remove and replace all the trees in the medians along Grand Avenue for a consistent look, rather than just replacing the trees that have died with the same species. Timing for the work is proposed as follows: 1. Remove and replace all trees in current project area from 60 Freeway to approximately Cahill Place immediately. 2. Remove immediately 6 additional large eucalyptus trees between the project area and Diamond Bar Blvd, but don't plant replacements until the planting for the 2"d phase of the Grand Avenue Betterment and Beautif cation project is done. 3. Remove and replace the remainder of :he trees between the project area and Diamond Bar Blvd during the 2nd phase of the Grfand Avenue Betterment and Beautification project, which should start in June 2006. February 21, 2006 Attachments. Attached is a computer simulated photograph of Camphor Trees on a section of median on Grand Avenue. There are two photos, one as it currently exists with the eucalyptus tree, the other a simulation of the same street section with Camphor Trees. PREP�'ARiED �ND REVIEWED BY: Bbl Aok Director of Community Services i' 5 iy Of � Y •� r Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 7, 2006 STUDY SESSION: Mayor Herrera called the Study Session to order at 5:57 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes and Mayor Herrera. Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City ttorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Interim Community Development Director; Linda Magnuson, Financeerector; Ann Lungu, Associate Planner; Ryan McLean, Senior Management Analyst; im Crews, Human Resources Manager; Sharon Gomez, Senior Management Analyst�; Ken Desforges, IS Director; and, Tommye Cribbins, Assistant City Clerk. 1) MID -YEAR BUDGET REVIEW: CM/Lowry reported that the City is well in balance with or without the budget adjustment. The budget adjustor nt that FD/Magnuson will present includes all of the operational adjustments plus a couple of new items without the inclusion of compensation matters. FD/Magnuson reported that wh Budget last June the General F Since that time there have bee December the City Council apprc net gain to the City of $225,0( increased by $10,000 as a result ADA door installation. At the last use of $950,000 for the purchasE for economic development. The aforementioned items totaling $1, Fund Budget Amendment propos by $1,296,480 to $20,140,255. FD/Magnuson stated that in compensation fund amount is be $774,400 appears to be a more r year. This revenue is from the St, 1 percent of Sales Tax that the repayment of the deficit bond transactions during this fiscal yea transfer tax receipts. This esti increases the net reduction and tl $95,000. The State Subvention F VLF property tax in -lieu revenue r ;n the City Council adopted the FY 2005-06 and estimated resources equaled $17,653,775. 1 a few changes in the revenue estimates. In ved the exchange of Prop A funds resulting in a 0 (from other agencies). The transfer -In was of the transfer of CDBG funds for the City Hall City Council meeting the Council approved the of the Janz property with the funds earmarked revised current budget balance including the 190,000 is $18,843, 775. The mid -year General es that General Fund Resources be increased the `other taxes" category the sales tax ig reduced by $95,000. The adjusted budget of ;alistic estimate of what the City anticipates this to and is a replacement of the 25 percent of the ;ity would have received that is being used for issue. There have been more real estate that has resulted in higher anticipated property late is being increased by $50,000, which e estimate for other taxes to $45,000 instead of avenue is being increased by $672,700 for the ;placing the in -lieu license fees the State is FEBRUARY 7, 2006 PAGE 2 CC STUDY SESSION replacing the amount of reduction in license fees increasing the anticipated revenue to $3,867,968. A major change in the "from other agencies" category is an increase in revenue from the Federal Education Grant awarded to the City through the efforts of Congressman Miller's office. There is also a small adjustment to the FEMA revenue based on actual receipts and the City is receiving $11,000 from the State for traffic safety DUI enforcement grants. Building and Engineering fees have increased due to an increase in building activity and a portion of this revenue has been offset by the increase in expenditures. Planning Fees have been reduced by $165,000. Developer fees were reduced by $175,000 asi a result of the Brookfield Development door charge and it is not anticipated the City will receive any of those charges back until FY 2006/07. When the budget was completed there was no revenue included for the business registration and a $10,000 increase has been included in the amendment. Recreation f es have been adjusted to account for additional programs not included at the time the original budget was prepared resulting in an additional $45,800. Special event fees from the Calvary Chapel assumed the traffic signals would be in places nn Golden Springs and that the church would no longer have to pay the fees. However, because the signals have not yet been installed the item has been adjusted accordingly ($40,000). Revenue from the Diamond Bar Center rental continues to increase and as a result the amendment includes an additional anticipated $129,000. However, along with the increased revenue there are some additional expenses that will be discussed later. Interest rates have been on the increase giving the City an improved investment yield resulting in an estimate increase of $200,000. The above-mentioned items results in a total revenue increase of $1,296,480. FD/Magnuson explained the 6n items within the appropriations portion of the budget amendment that resulted�in a total General Fund Appropriation Budget of $24,575,600. The amendment proposes an increase of $907,493 taking into consideration a typo on Page 4� under Engineering (001-5551) CS -Traffic that should read ($14,750) instead of ($5,750) bringing the increase in expenditures to $898,493. ISD/Desforges stated that this � running. Previous estimates wer not have predicted the City's eco the GIS development has progre,, made available through a hostel necessary hardware and softwarf training sessions were provided into the website. The demo webs City site with enhanced ownersh for the citizens. ACT and staff prc zoning map layers from scratch. l - as the first year the GIS system was up and based on a "best guess" estimate and could -iomic development growth. From its inception ;ed rapidly. The site was quickly enhanced and website through ACT and after acquiring the the website was moved in-house. Several user nd requested site changes were incorporated e was made into two actual sites — the internal i information and a public site for 24/7 access luted a digital version of the General Plan and explained the features of the GIS database CM/Lowry explained that staff is requesting another "Lasagna Layer' to enhance the system. FEBRUARY 7, 2006 PAGE 3 CC STUDY SESSION M/Herrera asked if what ISD/Desforges was presenting was part of this evening's agenda item 8.4. ACM/Doyle responded yes. CM/Lowry indicated that staff wanted to give the presentation in order for Council to have some sense of the reason for the request so that questions could be raised and answered prior to the regular meeting. M/Herrera said she wanted to c nclude the Study Session early, and asked the Department Heads to please gi e a brief recap and then make their Power Point Presentation during the regular meeting. C/Tye asked if the bottom line +Vas that staff needed $30,000 more to develop the product. ACM/Doyle said "yes." FD/Magnuson corrected an earlier statement by saying that the appropriations would increase by $379,987 instead of $898,000 and that there should be an additional $40,000 under law enf rcement — special events (Page 1) ACM/Doyle referred the CouncilMembers to Page 3. He explained the request for satellite phones for emergency in the event land lines and cell phones were rendered useless - $5,250. CM/Lowry — Office furniture for the Planning Department and Community Development Director's offices ACM/Doyle — Building and Safe - $162,670 contract services to increase the contract payout due to increased activity offset by the increased revenue. CM/Lowry — Neighborhood Improvement - $15,000 for legal services for landslide cases primarily related to Minneg6a issues. ACM/Doyle — Economic Development - $10,000 GIS and Topography Maps for specific plan areas and areas being considered for annexation. CM/Lowry stated that under Co munity Services they were fine tuning the Budget with some additional expenditures related to staffing. The $111,440 expenditure for the Diamond Ba Center is offset by the $129,000 increase in rental fees. Part of the ongoing issue is staff gaining experience about the true cost of maintaining the center. CSD/Rose estimates a standard $�50,000 per year cost beyond the rental FEBRUARY 7, 2006 PAGE 4 CC STUDY SESSION ACM/Doyle said it was a shortfall between revenue versus expenditures. Park Operations — increased costs for utilities and services with a reduction of $8,000 in expenditures. CSD/Rose explained that the $8,000 reduction in capital improvements resulted from renegotiating expenditures for Peterson and Pantera Park turf areas to be included in the cost of the Parks Maintenance Contracts, CSD/Rose explained that there were two parts of the overtime wages that were rebated directly to the operation of the Diamond Bar Center. As the use of the facility is increased so too are the costs and part of that increase is overtime wages ($17,500). Although the costs are recovered through revenue this figure is a hard cost to be included withinthe budget. Part time salaries resulting from an increase in day camp from 65 prticipants to 75 participants per week resulting in additional part time salaries and the workers compensation and Medicare expenditures are directly related to the overtime wages and part time salaries. CSD/Rose — U.S. Department of Education Grant — the money is being used to pay for tutoring, Peacebuildees program, additional contract classes and supplies. CM/Lowry stated that outside funds pay for these expenditures. Public Works — PWD/Liu - inspe tion services are offset by increased revenues as a result of Target and the Brookfield Homes activities. CM/Lowry said the (250,000) line item — transfer out — is the outcome ofetti the Prop 42 money advanced. g ng CSD/Rose — Landscape Maintenance; the two parts to the tree increase is that in the Grand Avenue median the 14 Eucalyptus trees were removed and replaced ($7,300). Staff felt it was a good opportunity to talk about replacing all of the trees between the SR60 and Diamond Bar Blvd. eventually and at the very least between the SR60 and Cahill because of the Grand Avenue project. Staff would like to propose a different species. For the City to provide the same level of service performed the first six months it would cost $75,000 additional for the next six months. As staff looksrr1ore closely at the matter it appears that if the frequency of grid trims is increased it should reduce the number of as -needed trims. Staff wants an opportunity to conduct further investigation and come back in the next fiscal budget with a package. The other option would be to go back out to bid because staff now has'i the real inventory numbers and can evaluate the situation much better than was, done this year. CM/Lowry said that the choice was to either stop trimming and not spend the $70,000 or continue on the currentl path and spend an additional $70,000. FEBRUARY 7, 2006 PAGE 5 CC STUDY SESSION CSD/Rose stated that staff should have all of the numbers to report back to the Council on February 21. Public Comments: Clyde Hennessee said that if the City replaced all of the trees with cacti it wouldn't have a problem. ADJOURNMENT: With no fu her business to come before the City Council, M/Herrera adjourned the Study Session at 6:27 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of 2006. CAROL HERRERA, Mayor MINUTES OF THE CITY COUNCIL Agenda No. 6.1.2 REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 7, 2006 CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) Potential Litigation — 1 case ► Government Code Section 54956.8 — Conference with Real Property Negotiators Property Negotiations: Address: Agency Negotiator: Negotiating Party: Under Negotiations: Property Negotiations: Address: ^� Agency Negotiator: Negotiating Party: Under Negotiations Portion of Lot 1, Tract No. 1479 and Lot 61, Tract No. 42557 City Manager D&L Properties, Inc. Price and Terms of Payment Portion of Lot 13, Tract No. 3941 and Portion of Lot 3, Tract No. 3941 City Manager Robert R. Reed Family Trust Price and Terms of Payment M/Herrera adjourned the Closed Session at 5:57 p.m. to the Study Session STUDY SESSION: 5:57 p.m., Room CC -8 ► Mid -Year Budget Review M/Herrera adjourned the Study Session at 6:27 p.m. to the Regular City Council Meeting. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:36 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Herrera announced that the City Council began its evening with a Closed Session and Study Session at 5:00 p.m. CA/Jenkins reported that at 5.00 p.m.j City Council convened to Closed Session for discussion of certain items listed on the Agenda and that no reportable action was taken, at which time Closed Session was adjourned at 5:57 p.m. to the Study Session. M/Herrera reported that Council received staff's presentation on the proposed mid -year Budget Amendment and that the item!, will continue to be discussed during tonight's Regular agenda. FEBRUARY 7, 2006 PAGE 2 CITY COUNCIL PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance. INVOCATION: Associate Pastor Ab Kastle, Diamond Canyon Christian Church gave the Invocation. ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes and Mayor Herrera. Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Interim Community Development Director; Ken Desforges, Information Systems Director and Tommye Cribbins, Executive Asst. APPROVAL OF AGENDA: As Presented, SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MlHerrera presented a City Tile to Anyork Lee in recognition of his eight - years of service with the Walnut Valley Unified School District. Jody Roberto, representing Assemblyman Bob Huffs Office and on behalf of Senator Bob Margett's Office, presented a Resolution to Dr. Lee. C/Tye presented a City Tile Steve Lustro in honor of his service with the Pomona Unified School District. Jody Roberto representing Assemblyman Bob Huffs Office and on behalf of Senator Bob Margett's Office presented a Resolution to Steve Lustro in recognition of his service as a member of the Pomona Unified School District. 1.2 C/Tanaka presented Certificates of Recognition to the South Pointe Middle School participants in the "Read Together Diamond Bar Challenge." 1.3 MPT/Zirbes presented a Proclamation to Ingrid Johnson proclaiming February 2006 as "Black History Month". BUSINESS OF THE MONTH: 1.4 C/Chang presented a City Tile to Dr. Kevin S. Glenn, D.C., DABCO, Board Certified Chiropractic Orthopedist and owner of Diamond Bar Chiropractic, as Business of the Month 6r February 2006. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Rosanne Bader, Mt. San Antonio College, presented a Certificate of Appreciation to C/Chang for his commitment to education. FEBRUARY 7, 2006 PAGE 3 CITY COUNCIL Susan Biller, 23202 Charwood Place, stated that one day last week it took her 52 minutes from the time she exited the freeway at Diamond Bar Blvd to get to Quail Summit Dr. She felt that if people followed the speed limit there wouldn't be so much traffic congestion. She thought it might help to open a roadway through Toner Canyon. She expressed her frustration at the lack of respect for residents. Mary Matson, 1300 Diamond Bar Blvd., felt that D.B. like other cities should do more to honor its service men and women by displaying flags with their names and branch of service somewhere within the City such as along Diamond Bar Blvd. Clyde Hennessee reiterated his opposition to a new library and that he would prefer to see a wall built to honor service men and women. 4. RESPONSE TO PUBLIC COMMENTS: MlHerrera said she understood many residents were frustrated with the City's traffic. Unfortunately, D.B. is disconnected by two major freeways and that the City was doing its best to address the growing traffic problems. CM/Lowry reminded the audience about staff's presentation at the January 17 meeting that spoke to the long-term commitment the City Council had made over the past 10 years investing in traffic signal improvements and timing improvements to better the situation. Each year the City budgets an amount for these improvements and to the dismay of some, have installed a large number of traffic signals since the City was incorporated. The City is configured with few arterials and is complicated by the cross -traffic from the Inland Empire. The City continues to lobby for the creation of a bypass road and participates in regional government to the greatest extent possible including lobbying efforts in Washington, D.C. and Sacramento as well as creating and participating in the Four Corners group in order to make sure that D.B.'s priority of focusing legislators' attention to the SR 57160 is upheld. To repair the engineering flaws in the SR 57160 would consume about a half -billion dollars and the City's Operating Budget is less than $14 million per year. How can the City Council on its own possibly deal with the situation other than to press forward on its current path— this City and City Council has always assumed the lead by lobbying on behalf of its community on transportation efforts while continuing to do its part on a local level with its available resources. She believed that the City's effort to maximize its use of funds and its political networking to benefit the community was unmatched in the surrounding four counties. MlHerrera understood it might ,appear to some residents that the City was not making much progress in mitigating traffic congestion. There is a lot of competition for transportation dollars up and down the State as well as nationwide and D.B. continues to be in the forefront of the competition. Caltrans is moving forward with the carpool lanes and it was Mayor Phyllis Papen who in 1994/1995 got the matter added to the California STIP list. The project request was about to be bumped from the list by another project and several residents, staff and public officials flew to Sacramento to testify on the matter and it remained on the list. The project finally commenced in 2003 and completion is anticipated for the summer of 2006 a year ahead of the original projection. Other projects continue to move to the forefront FEBRUARY 7, 2006 PAGE 4 CITY COUNCIL and the City asks that residents continue to be patient through the ongoing process. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — February 9, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 Planning Commission Meeting — February 14, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 President's Holiday — February 20, 2006 — City Offices will be closed in observance of the Holiday. Offices will re -open Tuesday, February 21, 2006. 5.4 City Council Meeting — February 21, 2006 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Tanaka moved, C/Chang seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of January 17, 2006 — as submitted. 6.1.2 Regular Meeting of January 17, 2006 — as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Study Session of December 13, 2005 — Received and Filed. 6.2.2 Regular Meeting of December 13, 2005 — Received and Filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES -Regular Meeting of November 17, 2005 — Received and Filed. 6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.4.1 Regular Meeting of September 8, 2005 — Received and Filed. 6.4.2 Regular Meeting of, October 13, 2005 — Received and Filed. 6.4.3 Regular Meeting of November 10, 2005 — Received and Filed. 6.5 RATIFIED CHECK REGISTER— containing checks dated January 13, 2006 through February 2, 2006 totaling $984,612.33. 6.6 TREASURER'S STATEMENT — Month of December 2005 — Reviewed and Approved. FEBRUARY 7, 2006 PAGE 5 CITY COUNCIL 6.7 AUTHORIZED AN INCREASE OF THE CONTRACT WITH GOVIS, LLC FOR THE TRANSIT PASS SYSTEM IN A TOTAL AMOUNT OF $30,000; AND APPROPRIATED AN ADDITIONAL $15,000 FROM PROP A (TRANSPORTATION) FUNDS FOR DEVELOPMENT OF ONLINE TRANSIT PASS SOFTWARE. 6.8 EXONERATED CASH DEPOSIT (ACCOUNT NO. 0010039707) IN THE AMOUNT OF $2,520 POSTED BY JOHN GASPARIAN TO COMPLETE GRADING ACTIVITIES AT 2112 INDIAN CREEK. 6.9 AWARDED DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR AREA 2 SLURRY SEAL AND ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) PROJECT TO NORRIS-REPKE IN THE AMOUNT OF $55,960 AND AUTHORIZED A CONTINGENCY AMOUNT OF $6,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $61,960. 6.10 AWARDED DESIGN SERVICES CONTRACT TO KIMLEY-HORN AND ASSOCIATES, INC. FOR PROSPECTORS ROAD STREET REHABILITATION PROJECT FROM SUNSET CROSSING ROAD TO GOLDEN SPRINGS DRIVE IN THE AMOUNT OF $46,438 PLUS A CONTINGENCY AMOUNT OF $3,562 FOR A TOTAL AUTHORIZATION OF $50,000. 6.11 (a) ADOPTED RESOLUTION NO. 2006-05: ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT 38 AND ANY ASSESSMENT THEREON FOR FY 2006-07. (b) ADOPTED RESOLUTION NO. 2006-06: ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT 39 AND ANY ASSESSMENT THEREON FOR FY 2006-07. (c) ADOPTED RESOLUTION NO. 2006-07: ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT 41 AND ANY ASSESSMENT THEREON FOR FY 2006-07. 6.12 APPROVED LETTER ENCOURAGING THE FCC TO CONTINUE TO ALLOW CITIES TO ENTER INTO FRANCHISE AGREEMENTS WITH CABLE AND VIDEOSERVICE PROVIDERS TO PROTECT THE INTEREST OF RESIDENTS AND THE CITY. FEBRUARY 7, 2006 PAGE 6 CITY COUNCIL 7. PUBLIC HEARINGS: 7.1 FIRST READING BY TITLE ONLY, WAIVE FULL READING OF ORDINANCE NO. 02(20016) APPROVING ZONE CHANGE NO. 2005-01 CHANGING THE EXISTING ZONING OF COMMERCIAL AND INDUSTRIAL PROPERTIES CITY WIDE IN ORDER TO COMPLY WITH THE GENERAL PLAN LAND USE DESIGNATION. AssocP/Lungu presented staffs report for Zone Change No. 2005-01, a City initiated project. When the City was incorporated it adopted Los Angeles County's Zoning Map as !,its designations. Subsequently, D.B. adopted a General Plan, and the pity needs to update the Zoning Map to be in compliance with the City's General Plan. On November 8, 2005 the Planning Commission held a Public Hearing on the matter and recommended approval of the Zone Change to the City Council. In addition, the City Council received information about the Zone Change and rezoning during a recent Study Session. Staff recommends that the City Council open the Public Hearing, receive public comments and approve Zone Change No. 2005-01. Marianne Cordova- Breen,I owner of the American Mini Storage located at 21320 Golden Springs Dr, said that the site was being re -zoned to a CO Zone and a self -storage facility is not a permitted use. She has attempted to approach the Planning D partment about eliminating a number of vehicle parking spaces and converting the facility to a clean indoor storage facility, However, if her site were a non -conforming use it would restrict her ability to add to or change the facility. She asked that her property remain as it is currently zoned orthat her iself-storage facility be allowed in a C -O Zone with a Conditional Use Permit,, as it would be in most cities. She said that she attempted to discuss thisatter with the Planning Department on several occasions and has not rec�ived a call back. ICDD/Fong responded to MPT/Zirbes that the current zoning of the mini - storage facility is C-2 and the General Plan is Office Professional. If the site were rezoned to CO it would put the facility into a non -conforming use. However, as the speaker suggested, the CO use could be changed to add a "mini -storage" use as a Conditional Use Permit. With Council's direction, staff would issue a Development Code amendment to add the use into the CO District. M/Herrera closed the Public Hearing FEBRUARY 7, 2006 PAGE 7 CITY COUNCIL MPT/Zirbes moved, C/Tye seconded, to approve for First Reading by Title Only Ordinance No. 0X(2006) and direct staff to add "mini -storage" as an allowed use in the CO Zone. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: 8.1 REVIEW OF THE CITYSI BUSINESS REGISTRATION PROGRAM. ICDD/Fong stated that forlthe past two years the City Council has discussed a Business Registration Program to promote public safety and to make certain that businesses are operating in an appropriate manner and located in an appropriate zoning district. Additionally, it would allow the City to verify its fair share of sales tax revenue and to collect business data for economic development. The City Council considered several options: 1) A fee-based program with an initial cost -recovery fee of $77.50 to a subsidized fee of $10 or with renewal, a cost -recovery fee of $42.50 to a subsidized fee of $10; 2) a no -fee program and, 3) initial and renewal subsidized fees of $10 each with the option that home-basOd businesses would be exempted from the fee. Council also considered a regulation type of program as well as a full-blown business tax program. After deliberating the matter the City Council agreed on a fee-based program with a subsidized fee for initial and renewal of $10. The City Council directed that if D.B. businesses come in to the City concurrently with a zoning clearance their fee of $30 would be reduced by $10. She explained how' the Business Registration Program would be administered. Staff estimated the costs for administering the program as follows: To date, the City has invested $26,500, $25,000 for software, $1,200 for pamphlets and $300 for advertising. The annual ongoing software maintenance cost is $3800 plus an additional cost to be determined for staff time. Staff believes there Ore about 1500 businesses in the City and to date 446 have registered. ICDD/Fong stated that if I,the City Council decided to continue with the program no action was required and staff would begin mailing notices to existing businesses requesting that the business be registered with the City. The second option would be to continue the Business Registration Program at no charge requiring an !amendment to the fee schedule and a General Fund budget adjustment. The third option would be to continue the Business Registration Program andmend the fee schedule thereby suffering the loss of the initial investment. Staff recommends that the City Council direct staff to continue the Business Registration Program. I ICDD/Fong responded tol M/Herrera that failure to pay the Business Registration Fee when due shall double the fee on the day following the last FEBRUARY 7, 2006 PAGE 8 CITY COUNCIL day of each consecutive 30 -day interval following the due date while the fee remains unpaid ($20.00 for every 30 days). CM/Lowry explained that the City created an encumbrance of $25,000 forthe software program and since the program is not yet fully implemented and if Council directs staff to not implement the program the City could de -obligate a large portion of those software funds. CM/Lowry responded to M/Herrera question about why the system was not fully functional stating that the City's financial system was completely converted during the last year and staff had been shopping and negotiating for the past six months with vendors to obtain a software license that would meet the City's needs and eventually convert to an on-line application system at the lowest cost possible. Staff has spent a considerable amount of time determining how the information on the 1500 businesses in the Board of Equalization Tax information database could be incorporated into the GIS system to determine whether businesses were located in the proper zone. In addition, staff has been in a quandary about whether the Council wanted to move forward with the program. Delilah Knox -Rios, Chamber of Commerce, said that a business registration program was a business -r lated matter or fee that the Chamber would prefer to contribute to and to consult with the City before the matter were reviewed by the full Council. Therefore, the Chamber would request that the matter be postponed until there was an opportunity to discuss the program and exchange ideas and recorpmendations with the City's staff and ultimately the full Council. The Chamber believes it may have alternatives that could negate a fee. Kevin Clayborn, Clayborn Mair Studio, urged Council to say "no" to the fee because he and his wife oppose the principle of the fee and because it is yet another bureaucratic tax on businesses. It sends the wrong message and establishes a dangerous Precedent. Businesses already pay top dollar for permits, plans, fees, appli ations, etc. Businesses want buildings safe and well kept and now the City wants businesses to pay for their promotion. Let business owners use their own money to promote their businesses as they see fit. $10 would do little to pay costs to produce a business directory and $15,000 would not cover the full cost of this program even if there were full compliance. Even the Chamber has difficulty registering its members. Roughly six percent of theusinesses in D.B. are registered and he believed that the Chamber had the r sources to do a betterjob of administering such a program. Marie Buckland said sheelieved Council was elected to represent and protect the people and feit�the City should be in a position to let residents know who and what kinds of businesses were being conducted in their neighborhoods. Joe McManus stated than he had been a business owner in this and surrounding communities for more than 20 years. He has a contractor's FEBRUARY 7, 2006 PAGE 9 CITY COUNCIL license and has spent considerable time at City Hall paying fees and pulling permits. The only thing he ever found to be justified was a permit that gave the City the opportunity to visit the site to make sure he did his job correctly. He has never received any benefit from any other license or fee. Recently, he discussed this matter with several high profile business owners and found that most of them do not support this program. The reason people support the program is more out of fear of not getting the City's support on other matters. Other business owners refused to speak up because they did not want to get anyone mad at them. This program is an exercise in futility and an irritant to the business community. He recommended that the City Council either cancel the program or discuss it with the Chamber before moving forward. C/Tanaka opined that the Oity's reason for implementing this program was to be able to monitor homer, based businesses to ensure the safety of the residents and he continues to support the Business Registration Process. He recommended that the matter be set aside to allow staff and City Council time to discuss the program with the Chamber. MPT/Zirbes said that he too had supported the program because he felt it was important for the City to know who was doing business and where businesses were located. I He supports the program and wanted to move forward although he was still opposed to the $10 fee. He would like for the program to remain with the City and in time people who are operating illegally will be found. C/Tye said that when this program was introduced last June there was no response to his question about what $10 would get him. He believed that the program was not about safety and did not believe a $10 fee-based program would prevent a disaster., Public safety is the number one focus of this Council. When he was told that the registration program would help individuals market their business he commented that marketing was best left to the Chamber of Commerce, the yellow pages and the business owners. To the statement that "it's only $10" he felt the $10 was best left in the pocket of the businessman. He said he was frustrated that the software program was not implemented and felt that the Council should scrap the program and recover as much money as possible. Considering the businesses that will register there are things f r which the City cannot provide protection. He reiterated that he could n t be sure that a $10 Business Registration fee would promote businesses (land make sure that appropriate businesses were in an appropriate area and Building and Safety, the Planning Department and the Planning Commission had oversight on such matters. He felt the Business Registration Program was a solution where there was no problem and the Council needed to undo that solution. The Council needs to focus on what the City does well and Inot focus on areas the Chamber can handle and handle better than the City or what the yellow pages can do and can do better. It also troubled him that residents would be subsidizing the program. Either the City should charge what the program actually costs or not do it at FEBRUARY 7, 2006 PAGE 10 CITY COUNCIL all. When legislation is flawed from the beginning it rarely if ever improves. He strongly urged the Council to discontinue the Business Registration Program. C/Chang reminded Council that this program was approved 5-0 and that residents had a right to know what types of businesses were in the City and staff indicated that for health and safety reasons the program was legitimate. He reiterated the numerous reasons he agreed with the program and took exception to some of C/rye's assertions. He said that the $10 cost is minimal; the Council spen two years discussing this program, the program should remain in tact and �he Council should move forward. M/Herrera felt that to a number the Council Members were concerned about safety and home-based businesses. Council Members want the neighborhoods to be safe and the City wants to capture the economic development dollars that e re slipping away. She said she was not sure that the program in its current istate was the best way to accomplish the goal. Home based business ow ers do not trust that the City will keep the fee at $10 so they are reluctant t D register in D.B. and register their businesses in other cities and the City is not accomplishing what it set out to do. She appreciated Delilah Knox-kios's comments and thought it was something the City could explore. M/Herrera moved, CIChang seconded to continue with the program and direct staff to collaborate w th the Chamber of Commerce and report back to the City Council in five months. C/Tye explained to C/Chang that he was not saying to eliminate the fee he was advocating elimination of the program. In speaking with thousands of residents over the last 10 !,months he received input that they were not in favor of this program and frustrated that their input was ignored. The business community does not want this program and it smacks of big brother if the City advocates neighbor turning in neighbor. At one time the Chamber offered to register businesses for free and that is why he believed the City was involving itself where it should not. He did not believe the program would plug the sales tax revenue eaks. When voters decide to make a change on the Council they are dissatisfied with their input not being acknowledged. He never supported the program and it would be irresponsible to support a program he believed was not the right business for the City to be in. He recommended the program be discontinued and that the City not throw good money after bad. C/Chang believed that most cities establish these kinds of programs upon incorporation. D.B. is a very young City and there are many things that need to be improved. If this program had been implemented at incorporation this would be a non -issue. He owns a business in another city and that city requires all businesses to agister. City Council Members cannot raise taxes and he did not believe that one Council Member advocated raising taxes in FEBRUARY 7, 2006 PAGE 11 CITY COUNCIL the City of D.B. Residents often discuss in-home nursing care and voice concern about the increased amount of traffic and whether or not the patients are cared for properly. D.B. does not want to make headlines when something happens and he believes that this program would help prevent such concerns. He felt that most businesses would register because D.B. was a good City that was known for its good business and living environment. Sooner or later this was a good system for everyone. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS. Chang, Tanaka, MPTIZirbes, M/Herrera NOES: COUNCILEMBERS: Tye ABSENT: COUNCIL MEMBERS: None 8.2 PUBLIC SAFETY REVIEW Lt. Joe Maxey introduced (members of the Public Safety Team: Sgt, Chris Blasnek, Deputy Mark St. mant; and Deputy Tom Lanning and presented a 2005 Public Safety Review video. Council Members thanked members of the Sheriff's Department for the presentation and for their commitment to the safety of the residents of D.B. MPTIZirbes asked that the video be rerun several times on DBTV. 8.3 INFORMATION SYSTEMS REVIEW ISD/Desforges reviewed the City's Information System using a Power Point presentation. The IS Division is responsible for the enhancement and management of the City's information technologies and activities including the evaluation, procurement and maintenance of computer network, telecom and GIS systems and software as well as leading implementation of the E -Government plan. The Information Systems Division supplies ongoing technical and software support to all departments of the City along with the support for all government land GIS support to residents. MPTIZirbes, CITye, and M/Herrera thanked ISD/Desforges and praised him him and his staff for their ekcellent work on behalf of the City. M/Herrera asked what it would take to put the City Council meeting on the website. ISD/Desforges responded That with Council's approval of $50,000 the City Council meetings could be broadcast. C/Chang thanked ISD/Desforges for his professional presentation and said he looked forward to WiFi in D.B. FEBRUARY 7, 2006 PAGE 12 CITY COUNCIL 8.4 ADOPT RESOLUTION NO. 2006-08: AMENDING THE FY 2005-2006 MUNICIPAL BUDGET. CM/Lowry reported that tonight's mid -year proposal included a series of adjustments including re -estimates of revenue and appropriations to take the City throughout the balance of 2006; complete certain projects and add new projects. The total of the new revenues is almost $1.3 million and the request for appropriations is $419,000. FD/Magnuson explained the additional revenue and appropriation line items; ISD/Desforges spoke about the $30,000 appropriation request for Professional Services Feels for information systems; ICDD/Fong informed Copncil that there was a request for increase of $10,000 to finish two offices, $162,670 for the Building and Safety due to increased development activity, $15,000 for legal services for landslide and code enforcement cases, $10,000 for economic development, as well as Topal maps for annexation and specific plan study areas. CSD/Rose explained the $5,000 request for overtime wages for additional use of the Diamond Bar Center, $8,000 for telephone, maintenance and publications for the centerl and additional cost for fuel. The operating costs for the Diamond Bar Center have increased in the amount of $111,440. a increase of $4,000 in cost for utilities for park operations, $1,950 maintenance cost for the', new trailhead at Sycamore Canyon Park and $8,000 reduction in the capital improvements budget. $5350 in additional overtime costs for the Diamond Bar Center were included in the recreation budget and overtime wages were increased by $12,000. Part time salaries increased by $1,100 to allow 10 additional children per week to attend the summer day camp progr m and the program costs are recovered by program revenue. The operating supplies, community services and contract class costs are covered by the U.S. Department of Education grant that Congressman Gary Miller helped to secure for the City. PWD/Liu reported that the Public Works Department increased expenditures for inspection and plan the king due to the increased development activities and specifically the Target and Brookfield Homes improvements. As reported by FD/Magnuson increased revenues directly offset the expenditures. The Prop 42 subvention washe Governor's honoring the commitment that money would come back tc the local rolls in the current fiscal year and staff estimated a total of $250,000 that could be used toward the slurry seal project. CSD/Rose stated that staff was seeking an increase of $82,350 for the tree maintenance budget for removal and replacement of median trees on Grand Ave. ($7,350) and $75,000 for as -needed tree work for the remainder of the 2005-06 fiscal year. FEBRUARY 7, 2006 PAGE 13 CITY COUNCIL CM/Lowry reported that the reverse appropriation recognizes the reduction to the Capital Improvement Fund in the amount of $250,000 for the increase in the Prop 42 Funds. CM/Lowry asked for Council's recognition of $1,296,480 of increased revenue and appropriations request in the amount of $419,987, for an increase of the General Fund carryover by the amount of $876,493 in accordance of the City Council's goals without putting the City at risk for future years. Staff continues to review the actual cost for managing the Diamond Bar Center and looking for ways to track the costs within one City department. CM/Lowry thanked the Council for their continued support of staff's efforts and asked f r Council's approval. M/Herrera thanked CM/Lowry and staff for a fine presentation. C/Chang moved, MPTIZirlbes seconded to Adopt Resolution No. 2006-08: Amending the FY 2005-0 Municipal Budget including the Special Funds adjustments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: Tye ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REOORTSICOUNCIL MEMBER COMMENTS: C/Tanaka attended the Foothill Transit Quarterly Board Meeting with M/Herrera. He attended the Neighborhood Traffilc Management meeting, the Opportunities 2006 Seminar sponsored by the San G briel Valley Economic Partnership. He attended the 11 th annual seminar at D.B.H.S. during which 22 scholarships were awarded. He thanked the Friends of the Libralry for hosting an Appreciation Dinner for their volunteers. He visited Azusa Canyon to see the historical acquisition of property by the Rivers and Mountains Conservancy, the Watershed Conservation Authority and the City of Azusa for future park space and educational areas. He attended the Pomona Unified School District r{neeting and listened to teachers express their concerns about imminent salary I negotiations and programs for schools in the Pomona and D.B. area. He attend d the D.B. staff quarterly breakfast meeting and heard staff members present their goals and missions and how they would implement their ideas. He also met with the D.B. Senior Groups. He attended the St. Denis Leadership Awards Dinner with M/Herrera and witnessed five community leaders receive leadership awards; He attended Eagle Scout Ceremonies for Jason Tucker from Troop 730 and Trenton Vail from Troop 737. He and CITye attended Tom Magnum's retirement ceremony and reception. This past weekend the D.B. Chinese Association celebrated is Chinese Lunar New Year. On Sunday he attended the Vietnamese Community of Pomona Valley's celebration of the New Year and that evening attended the Chinese American Parents Association of D.B.H.S. He attended the City Council Economic Development workshop and FEBRUARY 7, 2006 PAGE 14 CITY COUNCIL worked with his colleagues to set goals and direction for the City C/Chang stated that the City is fiscally sound. C/Chang said that many Asian Americans have been celebrating the Lunar New Year over the past nine days and he has had the pleasure and honor of joining many of the events to celebrate festivities, cultural differences as well as unity. During the six -hour Economic Development Workshop the City Council reached consensus on many items and goals for the City. Refurbishing of the Country Hills Towne Center is moving forward and the City is doing its part to ake it a reality because the City needs a good shopping center at the southern end of the community. He recommended that at its next meeting the Council present a City Tile to Tom Magnum for 25 years of service to the educational system. He said he was proud to participate in the college preparatory seminar and commended the sponsor and host, Mike Shay. C/Tye wished the Asian citizens "Kung Hay Fat Choy". The D.B. Chinese Association in conjunction with others put on a terrific festivity on February 4. He congratulated ClChang and Mrs. Chang for their participation and leadership of the organization. Tom Magnum's retirement was special. C/Tye's three children attended Golden Springs Elem ntary School and Tom Magnum was at Golden Springs for 25 years and at Pant ra School four years with a total of over 40 years in education. He attended Trentc n Vail's Eagle Scout Court in Walnut and viewed the banners honoring the service en. He echoed Mrs. Matson's observation that it would be terrific if D.B. would do the same. Yesterday was an excellent day at the Economic Development seminar Pat McLaughlin was an excellent facilitator and at the end of the day he and his colleagues generally agree. He thanked residents who joined him at Starbuck's a couple of weeks ago. Jerry Hamilton has joined with the City to start a Senior Walking Class and is scheduled to lead the class on Tuesdays at 8:00 a.m. at the Diamond Bar Center. He invited citizens to join him once again --- this time at Diamod Bar Bagels at 574 N. Diamond Bar Blvd. from 11:00 a.m. to 1:00 p.m. after whih he will attend the Counsel of African-American Parents at Sycamore Canyon Pork. MPT/Zirbes said that watching the Santiago Canyon burn reminded everyone of the D.B. topography. Although we would not expect it to be so dry in February it is very dry and he encouraged everyon to trim their slopes to keep their homes safe. A Hazardous Waste Program is scheduled for February 18 at the SCAQMD and there are new laws regarding what can and cannot be thrown in the trash. This week it becomes illegal to throw batteries, light bulbs, animated greeting cards, etc. into the garbage. He asked to research & e matter and present a report about the new law and how the residents could benotified. In addition, he recommended that the City contact its waste haulers to $UggE st a pilot program for hazardous waste instead of having to wait for the next hazardous waste pickup. It appears that the SR57/60 interchange upgrade and street rehabilitation on Grand Ave. should be finished priorto the Target opening. The Council is very encouraged by what is scheduled to take place at the Country Hills Towne Center with the opening of an H Mart, an extremely large chain on the east, coast that is expanding to the west coast. FEBRUARY 7, 2006 PAGE 15 CITY COUNCIL Demolition is scheduled to begin in four to six weeks with a new shell in March/April. The new building should be ready by July with the new tenant beginning tenant improvements in anticipation of a December 1 scheduled opening. Council continues to work with the developer to provide a class A shopping center for the City. In addition to looking at all of the different parcels in D.B. during the six -hour Economic Workshop, the Council was able to build consensus and identify a few key projects that would soon commence for the benefit of D.B. MlHerrera thanked the Council Members for attending many events and making sure that D.B. was well represented throughout the area. She acknowledged that residents were very frustrated about traffic and said that it was unfortunate that D.B. was victimized by economics asell as poor freeway planning at the interchange. It is frustrating when residents have difficulty leaving their tract to take their children to Little League practice or soccer practice. It is economically frustrating because the more moderately priced houses are in San Bernardino County, the largest and fastest growing County in the State. People are buying houses in San Bernardino County and Riverside County and working in Orange County. Fortyto fifty percent of the Grand Ave. traffic is regional cut -through traffic. D.B. continues to be on the forefront taking leadership roles whenever and wherever possible. Sometimes other cities express resentment about D.B. grabbing the leadership roles. D.B. has discovered that if its officials donit step up to the plate it doesn't get done. It is in the City's best interest for its officials to take the leadership role to try and get things accomplished. Many in the City Ore pushing for coalitions to get City improvement projects on lists for MTA, SCAG, and other organizations to get State and Federal funding. D.B. has made a good start. One of the City's goals is to get the final freeway fix for the SR57/60 interchange, an item that is on the COG list. A resident spoke about a bypass roadway,an item that is also on the COG list. The SR57160 project is on an MTA list because the City has contributed dollars. D.B. is beginning to make a difference and it seems to take a long time for residents to actually see improvements. The Caltrans pr sect was originally scheduled to take about four years to complete and should beicompleted in about three years, good news forthe community. She asked residents to remain patient because it takes regional investment to get the necessaryi funds for a regional project. D.B. continues to be very diligent in its pursuit of funds. She thanked staff for their outstanding contributions toward the pursuit:6f funds for the City. ADJOURNMENT: With no further business to conduct, MlHerrera adjourned the regular City Council meeting at 9:50 p.m. in memory of Civil Rights Activist Coretta Scott King. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, MAYOR CITY COUNCIL Agenda # __&__2 _ :4`eeting Dale.- February 21, 2006 AGENDA REPORT TO: Honorable Mayor and Members of t e City Council VIA: Linda C. Lowry, City Manage TITLE: Ratification of Check Register dated February 3, 2006 through February 16, 2006 RECOMMENDATION: Ratify Check Register containing checks dated February 3, 2006 through February 16, 2006 totaling $1,309,254.62. FINANCIAL IMPACT: Expenditure of $1,309,254.62 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 check register containing checks dated February 3, 2006 through February 16, 2006 for $1,309,254.62 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Finances ctor Assistant City Manager Attachments: Affidavit and Check Register — 02/03/06 through 02/16/06 CITY OF: DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listing of demands, invoices, and claims in the form of a check register including checks dated February 3, 2006 through February 16, 2006 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # Description Amount 001 General Fund $962,421.89 011 Community Organization Support Fd 1,412.00 112 Prop A - Transit Fund 36,961-71 115 Int. Waste Mgt Fund 13,029.89 118 AB2766 - AQMD Fund 1,957.00 125 CDBG Fund 3,314.83 138 LLAD #38 f=und 13,633.23 139 LLAD #39 Fund 4,040.30 141 LLAD #41 Fund 4,946.55 250 Capital Improvement Project Fund 267,537.22 $1,309,254.62 Signed: �4k b � Linda G. Magnuson Finance Director SUNGARD PENTP.MA'I'ION INC - PUND ACCOUNTING DATE: 02/16/06 CITY OF DIAMOND BAR PAGE NUMBER: ACCTPA2� 1 TIME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ek_date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 FUND -- 003 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ----------- ---VENDOR ------ FUND/DIVISION -----€7ESCRIPTION------ SALES TAX AMOUNT 10100 69438 02/09/06 ACTGISIN ACT GIS INC 0014070 COMP EQ -SOFTWARE GIS 0.00 4842.50 10100 10100 69439 69439 02/09/06 ALLSTARE ALL STAR EVENTS 001. PK REFUND -BSC 27421 0.00 800.00 TOTAL CHECK 02/09/06 ALLSTARE ALL STAR EVENTS 001 RENTAL -DBC 0.00 -28.00 0.00 772.00 10100 69440 02/09/06 APA AMERICAN PLANNING ASSOCI 0015210 PUBLICATIONS-P/WORKS 0.00 53.30 10100 69441 02/09/06 AMERICOM AMERICOMP GROUP INC 0014070 SUPPLIES -TONER 0.00 312.82 10100 69441 02/09/06 AMERICOM AMERICOMP GROUP INC 0014070 PRINT MAINT-JAN-MAR 06 TOTAL CHECK 0.00 1328.46 0.00 1641,28 10100 69442 02/09/06 ANTONIEW MARA ANTONIEWICZ 001 RECREATION REFUND 0.00 48.00 10100 69443 02/09/06 BADARTAL TALAT BADAR 001 PK REFUND -DBC 2700 0.00 350.00 10100 69444 02/09/06 BENESYST BENESYST 0014060 FLEX ADMIN SVCS -FEB 06 0.00 136.30 10100 69445 02/09/06 BENESYST BENESYST 001 02/10/06--P/R DEDUCTION 0.00 537.67 10100 69446 02/09/06 BONTERRA BONTERRA CONSULTING -INC. 001 - PROF-SVCS-FER-9-C-01---- 0.00 5289.82 10100 69447 02/09/06 BRUNDIGE BRUNDIGE GLASS 0015240 MAINT-PANTERA PARK 0.00 618.14 10100 69448 02/09/06 BYUNMISU MISUN BYUN 001 RECREA'T'ION REFUND 0.00 31.00 10100 69449 02/09/06 CALPEEK CALIFORNIA POLITICAL WEE 0014030 RENEWAL --SUBSCRIPTION 0.00 95.00 10100 10100 69450 02/09/06 CELSOC CELSOC 0015210 PUBLICATIONS-PLNG 0.00 479.40 TOTAL 69450 CHECK 02/09/06 CELSOC CELSOC 001-5510 PUBLICATIONS-PLNG 0.00 86.50 0.00 565.90 10100 69451 02/09/06 CHANGJOS JOSEPH CHANG 001 RECREATION REFUND 0.00 25.00 10100 59452 02/09/06 CHIONGER ERLINDA CHIONG 001 PK REFUND -DBC 25968 0.00 500.00 10100 69453 02/09/06 CHUNGCAT CATHY CHUNG 001 Pit REFUND -HERITAGE 26 0.00 200.00 10100 69454 02/09/06 COMMSECU COMLOCK SECURITY GROUP 0015340 MAINT-PARKS 0.00 178.32 10100 69455 02/09/06 COMMSUPP COMMUNICATIONS SUPPORT G 0014030 CONSULTING SVCS-ADELPH 0.00 87.50 101.00 69456 02/09/06 CORTMARI MARIANNE CORTEZ 001 RECREATION REFUND 0.00 25.00 10100 69457 02/09/06 CPRS CPRS - AGING SECTION 0015350 CPRS MTG-A MEYER 0.00 25.00 10100 69458 02/09/06 CRIBBINS TOMMYE CRIBBSNS 0014030 REIMB-PUBLICATIONS 0.00 53.82 RUN DATE 02/16/06 TIME 16:21:56 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMA'VTON INC - FUND ACCOUNTING DATE: 02/16/06 CITY OF DIAMOND BAR TIME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date>'10060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 PAGE NUMBER: 2 ACCTPA21 -----DESCRIPTION------ FUND - 001 - GENERAL FUND 0.00 50.00 RECYCLING PCKUP CASH ACCT CHECK NO ISSUE DT ----- ---------- VENDOR -------- ---- FUND/DIVISION 10100 45.00 69459 02/09/06 CUBSCOUT CUB SCOUT PACK 737 001 10100 69460 02/09/06 CURBSIDE CURBSIDE INC 1155515 10100 0-00 69461 02/09/06 DJMUNICI D & J MUNICIPAL SERVICES 0015220 10100 50.00 69462 02/09/06 GRUNDYDA DAVID J. GRUNDY 0015350 10100 TRAFFIC SIGNAL MAINT-D 69463 02/09/06 DAYNITEC DAY & NITE COPY CENTER 0015350 10100 0.00 69463 02/09/06 DAYNITEC DAY & NITE COPY CENTER 0015350 TOTAL CHECK RIEMB-CLUB INSURANCE 0.00 1075.00 HOLIDAY RIDE -1/1-1/2 0.00 10100 DIAMOND RIDE -12/1-12/1 69464 02/09/06 DELTACAR DELTA CARE PMI 001 10100 0.00 69465 02/09/06 DENNISCA CAROL DENNIS 0015210 10100 13.65 69465 02/09/06 UENNISCA CAROL DENNIS 0015310 10100 EXPRESS MAIL -FPL 2002- 69465 02/09/06 DENNISCA CAROL DENNIS 0015210 TOTAL CHECK 21.05 EXPRESS MAIL -GENERAL 0.00 21.05 EXPRESS MAIL -FPL 2004- 10100 13.65 69466 02/09/06 DEPTOFCO DEPARTMENT OF_CONSERVATT 001 -_ 10100 69467 02/09/06 DEPTOFTR DEPT OF TRANSPORTATION 0015554 10100 69468 02/09/06 DEWANLUN DMS CONSULTANTS 2505510 10100 69468 02/09/06 DEWANLUN DMS CONSULTANTS 2505510 TOTAL CHECK 10100 69469 02/09/06 DFMASSOC DFM ASSOCIATES 0014030 10100 69470 02/09/06 DASC DIAMOND AGE SENIOR CLUB 1255215 10100 69471 02/09/06 DIVERSIF DIVERSIFIED PARATRANSIT 1125553 10100 69471 02/09/06 DIVERSIF DIVERSIFIED PARATRANSIT 1125553 TOTAL CHECK 10100 69472 02/09/06 EVERGREE EVERGREEN INTERIORS 0015333 10100 69473 02/09/06 EXCELLAN EXCEL LANDSCAPE 1385538 10100 69474 02/09/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 69474 02/09/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 69474 02/09/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 69474 02/09/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 iD100 69474 02/09/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 69474 02/09/06 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 10100 69474 02/09/06 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 10100 69474 02/09/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 69474 02/09/06 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 PAGE NUMBER: 2 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT PK REFUND-SYC CYN PK 0.00 50.00 RECYCLING PCKUP 0.00 350.00 BLDG&SFTY SVC -12/1-12/ 0-00 37734.79 P & R MTG-COMM 0.00 45.00 PRINT SVCS -RECREATION 0.00 363.07 PRINT SVCS -RECREATION 0.00 8.66 0.00 371.73 FEB 06 -DENTAL PREMIUMS 0.00 326.52 PROF SVCS-PLNG COMM 0-00 250.00 PROF.SVCS-P & R COMM 0.00 125.00 PROF.SVCS-PLNG COMM 0.00 50.00 0.00 425.00 SMTP FEES OCT - -DEC $5 U. 9-a 3524.71 TRAFFIC SIGNAL MAINT-D 0.00 485.63 BEAUTIFICATION PROJ-GR 0.00 2402-00 BEAUTIFICATION PROJ-GR 0.00 4798.00 0.00 7200.00 PUBLICATIONS -CITY CLER 0.00 48.26 RIEMB-CLUB INSURANCE 0.00 1075.00 HOLIDAY RIDE -1/1-1/2 0.00 54.56 DIAMOND RIDE -12/1-12/1 0.00 9922.00 0.00 9976.56 PLANT SVCS -DSC JAN 0.00 165.00 LANDSCAPE MAINT-JAN 06 0.00 3547.59 EXPRESS MAIL -FPL 2005- 0.00 13.65 EXPRESS MAIL -FPL 2005- 0-00 13.65 EXPRESS MAIL -FPL 2002- 0.00 13.65 EXPRESS MAIL -FPL 2002- 0.00 13.65 EXPRESS MAIL -2002-09 0.00 13.65 EXPRESS MAIL -GENERAL 0.00 21.05 EXPRESS MAIL -GENERAL 0.00 21.05 EXPRESS MAIL -FPL 2004- 0.00 13.65 EXPRESS MAIL -GENERAL 0.00 33.45 RUN DATE 02/16/06 TIME 16:21:56 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND 7iCCOUNTING PAGE NUMBER: 3 DATE: 02/16/06 CITY OF DIAMOND .BAR ACCTPA21 TIME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -------------- VENDOR ------------ FUND/DIVISION -----DESCRIP'T'ION----- SALES TAX AMOUNT TOTAL CHECK 0.00 157.45 10100 69475 02/09/06 EXPRESST EXPRESS TEL 0014090 LONG DIST SVCS -JAN 06 0.00 152..01 10100 69476 02/09/06 FEDEX FEDEX 0014090 EXPRESS MAIL -GENERAL 0.00 20.98 10100 69477 02/09/06 FERGSONI SONIA FERGUSON 001 RECREATION REFUND 0.00 36.00 10100 69478 02/09/06 FERRYMAT MATTHEW FERRY 001 PK REFUND -DBC 2738 0.00 350.00 10100 69479 02/09/06 FOOTHILL FOOTHILL TRANSIT 1125553 CITY SUBSIDY -JAN 06 0.00 1640-00 10100 69479 02/09/06 FOOTHILL FOOTHILL TRANSIT 1125553 FOOTHILL PASSES -JAN 06 0.00 7090.00 TOTAL CHECK 0.00 8730.00 10100 69480 02/09/06 FUJIISTE STEPHANIE FUJII 001 RECREATION REFUND 0.00 36,00 10100 69481 02/09/06 GOVIS GOVIS LLC 1125553 SOFTWARE -ONLINE TRANSI 0-00 2027.37 10100 69481 02/09/06 GOVIS GOVIS LLC 1125553 SOFTWARE - ONLINE TRAN 0.00 4483.23 10100 69481 02/09/06 GOVIS GOVIS LLC 1125553 SOFTWARE - ONLINE IRAN 0.00 1968.75 10io0 - --69481 02/_04/06 GOvrg- (-'m T g i,LC - 11255.93 -_ _ SOFTWARE--- LINK-TRP0 4.00 1650.00 TOTAL CHECK 0.00 10129.35 10100 69482 02/09/06 GRANDMOB GRAND MOBIL 0015230 VEH MAINT-COMM SVCS 0.00 32.68 10100 69483 02/09/06 GURNEYSA SARAH GURNEY 001 RECREATION REFUND 0.00 24.00 10100 69484 02/09/06 HND H N D 001 REFUND -EP 06-3432 0-00 500-00 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE -EN 05-485 0.00 187.50 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC- 001 ADMIN EEE -EN 05--485 0.00 -187.50 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 450.00 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECKS 0.00 4037-85 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 0015510 PROF.SVCS-INSPECTIONS 0.00 1970.88 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 0015510 PROF.SVCS--INSPECTIONS 0.00 2100.41 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 0015510 PROF.SVCS-INSPECTIONS 0.00 1680.00 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 6015510 PROF.SVCS-INSPECTIONS 0.00 423.75 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PLAN CHECKS 0.00 8047.50 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS--PLAN CHECKS 0.00 8661,17 10100 69485 Q2/09/06 HALLFORE HALL, & FOREMAN, INC. 001 PROF.SVCS-PLAN CHECKS 0.00 4642.50 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-FPL 2005-7.43 0.00 1600.00 10100 69485 02/09/06 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-EN 05-485 0.00 750.00 TOTAL CHECK 0.00 34364.06 10100 69486 02/09/06 HDLCOREN HINDERLITER, DE LLAMAS & 0014090 SALES TAX AUDIT -1ST QT 0.00 6574.80 10100 69487 02/09/06 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015340 SUPPLIES -PARKS 0.00 40.50 10100 69487 02/09/06 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015310 SUPPLIES -COMM SVCS 0.00 113.06 TOTAL CHECK 0.00 153.56 RUN DATE 02/16/06 TIME 16:21:56 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING PAGE NUMBER: 4 DATE: 02/16/06 CITY OF DIAMOND BAR ACCTPA21 TIME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND ELECTION CRITERIA: transact.ck_date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR ---- FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 69488 02/09/06 ICSC ICSC 0014030 MEMBERSHIP DUES -L LOWR 0.00 50-00 10100 69489 02/09/06 ILIROWEL ROWELA ILI 001 PK REFUND -HERITAGE PK 0.00 200.00 10100 69490 02/09/06 INTEROPL INTEROP LAS VEGAS 2006 0014070 INTEROP CONF-K DESFORG 0.00 2595.00 10100 69491 02/09/06 MCMANUSJ JOE MCMANUS 0015210 PLNG MTG-COMM 0.00 65.00 10100 69492 02/09/06 KVBLUEPR K&V BLUEPRINT SERVICE IN 0014070 SUPPLIES-I.T 0.00 1.74.39 10100 69493 02/09/06 KASAMOTO TONANSIS KASAMOTO 001 PK REFUND-PANTERA 268 0.00 250.00 10100 69494 02/09/06 KEEPAMER KEEP AMERICA BEAUTIFUL 1 1155516 LITTER BAGS FOR EVENTS 0.00 630.43 10100 69495 02/09/06 KINGSTON GEORGIE KINGSTON 001 RECREATION REFUND 0.00 65.00 10100 69496 02/09/06 KLEINFEL KLEINFELDER INC 001 PROF.SVCS-EN 05-471 0.00 435.00 10100 69496 02/09/06 KLEINFEL KLEINFELDER INC 001 ADMIN FEE -EN 05-471 0.00 78.30 1010 0 KTIFTNPEI - KLNINIP"DER_ INC - - - 041 - ADMFN FEE 05 471- 0.00 -78,30 TOTAL CHECK 0.00 435.00 10100 69497 02/09/06 KUSTOMIM KUSTOM IMPRINTS INCORP. 0015350 SUPPLIES -RECREATION 0.00 1144.59 10100 69498 02/09/06 LARKINDA DAVID LARKIN 001 PK REFUND -DBC 26658 0.00 500.00 10100 69499 02/09/06 LEEKWANG KWANG HO LEE 001521.0 PLNG MTG-COMM 0.00 130.00 10100 69500 02/09/06 LACCO LOS ANGELES COUNTY CLERK 2505316 RECORDING FEE-PANTERA 0.00 25.00 10100 69501 02/09/06 LACPUBWK LOS ANGELES COUNTY PUBLI 0015510 INDUSTRIAL WASTE -DEC 0 0.00 2059.75 30100 69501 02/09/06 LACPUBWK LOS ANGELES COUNTY PUBLI 0015554 TRAFFIC SIGNAL MAINT-D 0.00 523.22 10100 69501 02/09/06 LACPUBWK LOS ANGELES COUNTY PUBLI 0015340 SUMP PUMP MAINT-SYC CY 0.00 232.59 TOTAL CHECK 0.00 2815.56 10100 69502 02/09/06 LASHERIF LOS ANGELES COUNTY SHERI 0014411 TRAFFIC INVESTIGATION- 0.00 2378.64 10100 69502 02/09/06 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CALVARY CHAPEL -DEC 05 0.00 6454.81 10100 69502 02/09/06 LASHERTF LOS ANGELES COUNTY SHERI 0014417 DUI CHECK POINT -12/30 0.00 6244.86 10100 69502 02/09/06 LASHERIF LOS ANGELES COUNTY SHERI 1125553 TRANSIT SALES -DEC 0.00 118.93 10100 69502 02/09/06 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CONTRACT SVCS -DEC 05 0.00 348497.22 TOTAL CHECK 0.00 363694.46 10100 69503 02/09/06 MASUDAFR FRANK MASUDA 001 RECREATION REFUND 0.00 48.00 10100 69504 02/09/06 MENTEAND ANDREW MENTE 001 PK REFUND -DBC 17385 0.00 400.00 10100 69505 02/09/06 MICROTEL MICRO TEL CENTER 0014070 COMP MAINT-SOFTWARE 0.00 620.00 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 02/16/66 CITY OF DIAMOND BAR TIME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND :SELECTION CRITERIA: transact.ck date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 PAGE. NUMBER: 5 ACCTPA21 FUND .- 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ------- VENDOR ------------- FUND/DIVISION -----DESCRIPTION------ SAL,ES TAX AMOUNT 10100 69506 62/09/06 MOODYAMY AMY MOODY 001 PK REFUND -DBC 2507 0.00 350.00 10100 69507 02/09/06 MSALA&OA MSA - LA & OA CHAPTER 0015551 TRNG-GARCIA/FUENTES 0.00 190.00 10100 69508 02/09/06 MER MUNICIPAL ENGINEERING RE 0015510 CONSULTANT SVCS -JAN 06 0.00 6927.50 10100 69509 02/09/06 LYONSNAN NANCY LYONS 0015350 P & R MTG-COMM 0.00 45.00 10100 69510 02/09/06 NTMCINC NATIONAL TELEPHONE MESSA 0014070 ANNL MAINT-PH MESSAGE 0.00 34.00 10100 69511 02/09/06 NEXTELCO NEXTEL COMMUNICATIONS 0014090 CELL CHRGS-P/W,C/S,C/D 0.00 477.40 10100 69512 02/09/06 NGUYENST STEVE NGUYEN 001 RECREATION REFUND 0.00 36.00 10100 10100 69513 69513 02/09/06 NOBESTIN NOBEST INCORPORATED 2505215 RETENTION PAYABLE 0.00 -16167.75 TOTAL CHECK 02/09/06 NOBESTIN NOBEST INCORPORATED 2505510 CDBG SIDEWALK PROD -DEC 0.00 161677.50 0.00 145509.75 10100 69514 02/09/06 NOLANDAN DANIEL NOLAN 0015210 PING MTG-COMM 0.00 65.00 100 - --6-95-1-5- O2/09[D -NUmEZJO£ .IOE Rmgz 001 RECREATTON REFUND 0.00 65.00 10100 69516 02/09/06 OLDFIELD CHARLES OLDFIELD 001 PK REFUND -DBC 27051 0.00 400.00 10100 10100 69517 69517 02/09/06 OLYMPIC OLYMPIC STAFFING SERVICE 0015210 TEMP SVCS -WK 12/29 0.00 158.88 TOTAL CHECK 02/09/06 OLYMPIC OLYMPIC STAFFING SERVICE 0015210 TEMP SVCS -WK 1/6 0.00 317.76 0.00 476.64 10100 69518 02/09/06 ORTEGAER ERLINDA ORTEGA 001 RECREATION REFUND 0.00 15.00 10100 69519 02/09/06 OWENSTED TED OWENS 0015350 P & R MTG-COMM 0.00 45.00 10100 69520 02/09/06 PACHECOM MILLIE PACHECO 001 RECREATION REFUND 0.00 48.00 10100 69521 02/09/06 PACHECOV VICTOR PACHECO 001 PK REFUND -DBC 27298 0.00 200.00 10100 69522 02/09/06 PAETECCO PAETEC COMMUNICATIONS IN 0014090 LONG DIST CHRGS-JAN/FE 0.00 795.98 10100 69523 02/09/06 PARKERBE BERTA PARKER 001 RECREATION REFUND 0.00 24.00 10100 10100 69524 69524 02/09/06 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-ER 0.04 11139.57 10100 69524 02/09/06 02/09/06 PERSRETI PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-EE 0.00 6994.73 TOTAL CHECK PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 39.99 0.00 18174.29 10100 69525 02/09/06 POMJUDIC POMONA JUDICIAL DISTRICT 001 PARKING CITATION FEE -D 0.00 2590.00 10100 69526 02/09/06 R&DBLUE R & D BLUEPRINT 0015510 PRINT SVCS-P/WORKS 0.00 45.00 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING :;UNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 02/16/06 CITY OF DIAMOND BAR TIME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: t3:7ansact.ck_date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 FUND - 001 - GENERAL FUND RECREATION REFUND 0.00 65.00 FOOD REIMB-SNOW FEST CASH ACCT CHECK NO ISSUE DT ------------- VENDOR------ ------- 130.00 FUND/DIVISION 10100 69527 02/09/06 RPLAURAT R P LAURAIN & ASSOCIATES 0015240 10100 69528 02/09/06 REGINALD EDITH REGINALDO 0.00 001 10100 69529 02/09/06 ROTARYWV ROTARY CLUB OF WALNUT VA 0015350 10100 69530 02/09/06 LOWRUTH RUTH M. LOW 0.00 0015210 10100 10100 69531 02/09/06 SGVT SAN GABRIEL VALLEY TRIBU 001 10100 69531 69531 02/09/06 SGVT SAN GABRIEL VALLEY TRIBU 001 10100 69531 02/09/06 02/09/06 SGVT SGVT SAN GABRIEL VALLEY TRIBU 1255215 TOTAL CHECK 0.00 251.65 ELECT SVCS -TRAFFIC CON SAN GABRIEL VALLEY TRIBU 0014030 10100 10100 69532 69532 02/09/06 SASAKIEN SASAKI TRANSPORTATION 0015554 TOTAL CHECK 636.59 02/09/06 SASAKIEN SASAKI TRANSPORTATION 0015554 10100 69533 02/09/06 SCANALER SCAN ALERT INC PK REFUND --DBC 2621 0014070 10100 69534 02/09/06 SCHELLJE JENNY SCHELL 0.00 001 10100 69535 02/09/06 SECTRAN SECTRAN SECURITY INC. 0014090 10100 69536 02/09/06 SMARTFIN SMART & FINAL 0015350 10100 10100 69537 69537 02/09/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 69537 02/09/06 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 69537 02/09/06 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 69537 02/09/06 SCE SOUTHERN CALIFORNIA EDIS 1395539 10100 69537 02/09/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 69537 02/09/06 SCE SOUTHERN CALIFORNIA EDIS 1415541 10100 69537 02/09/06 02/09/06 SCE SOUTHERN CALIFORNIA EDIS 0015340 10100 69537 02/09/06 SCE SCE SOUTHERN CALIFORNIA EDIS 0015510 TOTAL CHECK SOUTHERN CALIFORNIA EDIS 0015510 10100 69538 02/09/06 GONTASTA STAN GONTA 0015350 10100 69539 02/09/06 STEICHEN JIM STEICHEN 001 10100 69540 02/09/06 STROHMSA SANDY STROHM 001 10100 69541 02/09/06 STUDENTA STUDENT ACCOUNTS 0014030 10100 69542 02/09/06 SUNSSENI SUNSHINE SENIORS 001 PAGE NUMBER: 6 ACCTPA21 ------DESCRIPTION------ SALES TAX AMOUNT PROF.SVCS-APPRAISAL 0.00 3600.00 RECREATION REFUND 0.00 65.00 FOOD REIMB-SNOW FEST 0.00 90.00 PLNG MTG-COMM 0.00 130.00 LEGAL AD -FPL 2005-142 0.00 217.44 LEGAL AD -FPL 2005-153 0.00 194.00 LEGAL AD--CDBG 0.00 157.10 AD -ZONE CHANGE 0.00 572.76 0.00 1141.30 PROF.SVCS-ENGINEERING 0.00 325.00 PROP_SVCS-ENGINEERING 0.00 910.00 0.00 1235.00 ANNL MAINT -__SOFTWARE 0.00 2000.GO PK REFUND -DBC 27008 0.00 700-00 COURIER SVCS -FEB 06 0.00 291.49 SUPPLIES -SR BINGO 0.00 94.28 ELECT SVCS -TRAFFIC CON 0.00 94.01 ELECT SVCS -DIST 38 0,00 319.26 ELECT SVCS -DIST 38 0.00 29.14 ELECT SVCS -DIST 39 0.00 251.65 ELECT SVCS -TRAFFIC CON 0.00 187.33 ELECT SVCS -DIST 41 0.00 145.28 ELECT SVCS -TRAFFIC CON 0.00 3243.17 ELECT SVCS -TRAFFIC CON 0.00 636.59 ELECT SVCS -TRAFFIC CON 0.00 36.15 0.00 4942.58 CONTRACT CLASS -WIN'T'ER 0.00 480.00 PK REFUND --DBC 2621 0.00 50.00 RECREATION REFUND 0.00 24.00 MASTERS PROGRAM-LOWRY 0.00 2112.00 PK REFUND -DBC 270 0.00 350.00 RUN DATE 02/16/06 TIME 16:21.57 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAKATION INC - FUND ACCOUNTING DAME: 02/16/06 CITY OF DIAMOND BAR TIME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND SEi,ECTION CRITERIA: transact.ck_date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 PAGE Nmv:BFR: 7 ACCTPA21 ----- DESCRIPTION ------ FUND - 001 - GENERAL FUND RECREATION REFUND 0.00 24.00 CASH ACCT CHECK NO ISSUF. DT ---------------VENDOR------------- 0.00 FUND/DIVISION 10:00 69543 02/09/06 TARANTOY YOLANDA TARANTO 001 30300 69544 02i09/06 THECOMDY THE COMDYN GROUP INC 0014070 10100 69545 02/09/06 THEKOSMO THE KOSMONT COMPANIES 0015240 10100 69545 02;09/06 THEKOSMO THE KOSMONT COMPANIES 0015240 10100 69545 02/09/06 THEKOSMO THE KOSMONT COMPANIES 0015240 TOTAL CHECK 31.00 SUPPLIES -COMM SVCS 0.00 248.94 10100 69546 02/09/06 THOMSONW THOMSON WEST 0014030 10100 69547 02/09/06 TITCHENE DOUGLAS TITCHENER 001 10100 69548 02/09/06 TOFFOLIM MARGARET TOFFOLI 001 10100 69549 02/09/06 TRENCHPL TRENCH PLATE RENTAL CO 0015554 10100 69550 02/09/06 USHEALTH US HEALTHWORKS MEDICAL G 0014060 10100 69551 02/09/06 VANGUARD VANGUARD VAULTS LA INC 0014070 10100 69552 02/09/06 VANTAGEP VANTAGEPOINT TRANSFER AG 001 10100 69553 02/09/06 VERMASEE SEEMA VERMA 001 10100 69554 02/09/06 VIKINGOF VIKING OFFICE PRODUCTS 0015350 10100 69555 02/09/06 VILLAROS MARYANNE VILLAROSA 001 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10300 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 69556 02/09/06 SIECKEWA WARREN SIECKE 0015554 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 0015554 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 0015554 101o0 69556 02/09/06 SIECKEWA WARREN SIECKE 0015554 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 10100 69556 02/09/06 SIECKEWA WARREN SIECKE 2505510 TOTAL CHECK PAGE Nmv:BFR: 7 ACCTPA21 ----- DESCRIPTION ------ SALES TAX AMOUNT RECREATION REFUND 0.00 24.00 CONSULTING SVCS- I.S. 0.00 675.00 CONSULTANT SVCS -DEC 05 0.00 117.50 CONSULTANT SVCS -DEC 05 0.00 1038-71 CONSULTANT SVCS -DEC 05 0-00 1482.50 0.00 2638.71 PUBLICATIONS -GEN. CODE 0.00 205.70 RECREATION REFUND 0.00 48.00 RECREATION REFUND 0.00 24,00 SUPPLIES -ROAD MAINT 0.00 333.75 PRE-EMPLOYMENT PHYSICA 0.00 110-00 DATA, STORAGE SVCS -FEB 0-00 520.00 2/10/06-P/R DEDUCTIONS 0.00 24255.38 RECREATION REFUND 0.00 31.00 SUPPLIES -COMM SVCS 0.00 248.94 PK REFUND-REAGAN 2700 0.00 50.00 PROF.SVCS-INSPECTION 0.00 58.20 PROF.SVCS-INSPECTION 0.00 58.20 PROF.SVCS-INSPECTION 0.00 58.20 PROF.SVCS-INSPECTION 0.00 58.20 PROF.SVCS-INSPECTION 0.00 58.20 PROF.SVCS-INSPECTION 0.00 184.30 PROF.SVCS-INSPECTION 0.00 184.30 PROF.SVCS-INSPECTION 0.00 184.30 PROF.SVCS-INSPECTION 0.00 184.30 PROF -SVCS -INSPECTION 0.00 1.84.30 PROF.SVCS-ENGINEERING 0.00 2018.50 PROF.SVCS-ENGINEERING 0.00 679.00 PROF.SVCS-ENGINEERING 0.00 511.00 PROF.SVCS-ENGINEERING 0.00 2027.50 TRFFC DESIGN-D/B/SHDW 0.00 2666.67 TRFFC DESIGN-D/B/HGLND 0.00 2666.67 TRFFC DESIGN-G/SPRNGS 0.00 2666.66 0.00 13448.50 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 02/16/06 CITY OF DIAMOND BAR TIME: 16.21:54 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: t.ransact.ck_date>'20060202 00:00:00.0' ACCOUNTING PERIOD: £3/06 10100 FUND - 001 - GENERAL FUND ROXINE WOLFE 001 10100 CASH ACCT CHECK NO ISSUE DT -------- VENDOR------------- FUND/DIVISION 10100 69557 02/09/06 WAXIESAN WAXIE SANITARY SUPPLY 001-5333 10100 69558 02/09/06 WHITEHEL HELEN WHITE 007 10100 69559 02/09/06 WILLIAMS PHIL WILLIAMS 0015333 10100 69560 02/09/06 WILLISJE JEN WILLIS 001 10100 69560 02/09/06 WILLISJE JEN WILLIS 001 TOTAL CHECK 001 613.20 0.00 600.00 10100 69561 02/09/06 WOLFEROX ROXINE WOLFE 001 10100 69562 02/09/06 TORNGTON YI TONY TORNG 0015210 10100 69563 02/09/06 YMCAADVE YMCA ADVENTURE PRINCESS 001 10100 69564 02/16/06 AARP AARP 0015350 10100 69565 02/16/06 AGIACADE AGI ACADEMY CORP 0015350 100 - 65566 02/16/06 ALLSTARE ALL STAR EVENTS 001 10100 69567 02/16/06 APWA AMERICAN PUBLIC WORKS AS 0015510 10100 69568 02/16/06 BHOGALSU SURINDER BHOGAL 001 10100 69568 02/16/06 BHOGALSU SURINDER BHOGAL 001 TOTAL CHECK AMOUNT 10100 69569 10100 69570 10100 69571 10100 69572 10100 69573 10100 69574 10100 69575 10100 69575 TOTAL CHECK 224.45 10100 69576 10100 69577 02/16/06 BISHOPJO JOHN E BISHOP 0015350 02/16/06 BRYANSTI BRYAN STIRRAT & ASSOCIAT 001 02/16/06 CPRS CA PARK & RECREATION SOC 0015350 02/16/06 CPRSXIII CA PARKS & REC SOC -AIS X 00153SO 02/16/06 CHAIVGTIN TINA CHANG 0015350 02/16/06 CHARTER CHARTER OAK GYMNASTICS, 0015350 02/16/06 CHAVEZKI KIM CHAVEZ 001 02/16/06 CHAVEZKI KIM CHAVEZ 001 02/16/06 CHENGELA ELAINE CHENG 02/16/06 CHIENALI ALICE. CHIEN -----DESCRIPTION------ SUPPLIES-DEC PK REFUND -HERITAGE 26 REIMS -SUPPLIES DEC PK REFUND -DBC 26827 PROPERTY DAMAGE RECREATION REFUND PLNG MTG-COMM GAME BOOTH --SNOW FEST MATURE DRIVING --1/26, 1 CONTRACT CLASS -WINTER PK REFUND -DBC 27421 MEMBERSHIP FEES-MOLINA PK REFUND -DBC 22709 PK REFUND -DBC 2270 CONTRACT CLASS -WINTER PROF -SVCS -FPL 2002-09 CPRS MTG-R WRIGHT CPRS MTG-REC STAFF CONTRACT CLASS -WINTER CONTRACT CLASS -WINTER PK REFUND -DBC 27029 FACILITY RENTAL -DBC 001 PK REFUND -DBC 2719 0015350 CONTRACT CLASS -WINTER PAGE NUMBER: 8 ACCTPA21 SALES TAX AMOUNT 0.00 610.83 0.00 200.00 0.00 85.65 0.00 500.00 0.00 -60.00 0.00 440.00 0.00 24.00 0.00 130.00 0.00 224.45 0.00 130.00 0.00 567.00 0.00 800.00 0.00 157.50 0.00 500.00 0.00 -5.00 0.00 495.00 0.00 1008.00 0-00 312.00 0.00 20.00 0.00 120.00 0.00 192,00 0.00 613.20 0.00 600.00 0.00 -150.00 0-00 450.00 0.00 100.00 0.00 756.00 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 02/16/06 CITY OF DIF:ITOND BAR TIME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 FUND - 001 - GENERAL FUND 10100 02/16/06 69580 10100 0114010 CASH ACCT CHECK NO ISSUE DT .-------VENDOR 10100 FEDEX ---- FUND/DIVISION 10100 69578 02/16/06 LILLLEC CONSTANCE J. LII.LIE FEDEX 0015350 10100 69579 02/16/06 DJMUNICI D & J MUNICIPAL SERVICES 2505510 10100 69579 02/16/06 DJMUNICI D & J MUNICIPAL SERVICES 2505310 10100 69579 02/16/06 DJMUNICI D & J MUNICIPAL SERVICES 2505510 10100 69579 02/16/06 DJMUNICI D & J MUNICIPAL SERVICES 2505510 10100 69579 02/16/06 DJMUNICI D & J MUNICIPAL SERVICES 2505510 10100 69579 02/16/06 DJMUNICI D & J MUNICIPAL SERVICES 2505510 10100 69579 02/16/06 DJMUNICI D & J MUNICIPAL SERVICES 2505310 TOTAL CHECK EVERGREEN INTERIORS 10100 02/16/06 69580 10100 0114010 69580 TOTAL CHECK 0015350 10100 FEDEX 69587. 10100 02/16/06 69582 10100 001 63563- - 10100 FEDEX 69583 TOTAL CHECK GFB FRIEDRICH & ASSOCIAT 10100 02/16/06 69584 10100 0015230 69585 10100 GRAYBAR 69585 TOTAL CHECK HALL & FOREMAN, INC. 10100 02/16/06 69586 10100 001 69587 10100 0.00 69588 10100 20.98 69589 10100 0.00 69589 10100 840.00 69589 TOTAL CHECK 27.12 10100 392.09 69590 10100 69591 10100 69592 10100 69594 10100 69594 02/16/06 DAVIDEVA DAVID EVANS AND ASSOCIAT 2505310 02/16/06 DAVIDEVA DAVID EVANS AND ASSOCIAT 2505510 ----!)ESCRIPTION----- CONTRACT CLASS -WINTER INSPECTION SVCS-BREA C INSPECTION SVCS-PANTER INSPECTN SVC-PATHFNDER INSPECTN SVC-G/SPNGS/A INSPECTN SVC-8/CYN/GRN INSPECTN SVC-DBB/MT LA INSPECTIONS SVCS-SYC C CONT MGT-CIP CONT MGT-CIP 02/16/06 DAYNITEC DAY & NITE COPY CENTER 1155516 PRINT SVCS-NPDES 02/16/06 DENNISCA CAROL DENNIS 0014030 PROF.SVCS-CC/SS MTG 02/16/06 _DHMAIN=-DH MAINTENANCE AU1-5x33- _ MONTHLY- MAINT-BBC-- -FE 02/16/06 DHMAINTE DH MAINTENANCE 0015340 MONTHLY MAINT-PARKS F 02/16/06 DEWANLUN DMS CONSULTANTS 2505215 02/16/06 ENVICONS ENVIRONMENTAL CONSTRUCTS 2505310 02/16/06 ENVICONS ENVIRONMENTAI, CONSTRUCTI 2505510 02/16/06 EVERGREE EVERGREEN INTERIORS 0014090 02/16/06 EXTERIOR EXTERIOR PRODUCTS INC 0114010 02/16/06 FASTSERV FAST SERVICE 0015350 02/16/06 FEDEX FEDEX 0014090 02/16/06 FEDEX FEDEX 001 02/16/06 FEDEX FEDEX 0014090 02/16/06 GFBFRIED GFB FRIEDRICH & ASSOCIAT 2505510 02/16/06 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 02/16/06 GRAYBAR GRAYBAR 0015333 02/16/06 HALLFORE HALL & FOREMAN, INC. 0015551 02/16/06 HALLFORE HALL & FOREMAN, INC_ 001 CDBG PROD -SIDEWALK LANDSCAPE IMP-BREA CYN LANDSCAPE IMP-B/CYN/GR PLANT MAINT-C/HALL J BANNERS -DB FRIENDS OF TUTORING SVCS -DBC EXPRESS MAIL -GENERAL EXPRESSS MAIL -FPL 05-1 EXPRESS MAIL -GENERAL REHAB PROJ-WALNUT DR GRAFFITI CONTRL-JAN 06 SUPPLIES -DBC PROF.SVCS-PLAN CHECK PROF.SVCS-EN 04-434 PAGE NUMBER: 9 ACCTPA21 SALES TAX AMOUNT 0.00 456.00 0.00 1800.00 0.00 1650.00 0.00 2287.50 0.00 2287.50 0.00 2287.50 0.00 2287.50 0.00 3000.00 0.00 15600.00 0.00 793.25 0.00 793.25 0.00 1586.50 0.00 660.33 0.00 400.00 0.00 12006.50 0.00 725.00 0.00 12731.50 0.00 1500.00 0.00 36587.11 0.00 36587.11 0.00 73174.22 0.00 215.00 0.00 712.00 0.00 3498.30 0.00 61.47 0.00 20.98 0.00 83.21 0.00 165.66 0.00 840.00 0.00 3480.00 0.00 27.12 0.00 392.09 0.00 1375.00 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTA14ATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 02/16/06 TIME: 16:21:54 CITY OF DIAMOND BAR PAGE NUMBER: 10 CHECK REGISTER - DISBURSEMENT FUND ACCTPA21 SELECTION CRITERIA: transact-ck-date>'20060202 00;00:00.0' ACCOUNTING PERIOD: 8/06 FUND - 001 - GENERA?, FUND CASH ACCT CHECK NO ISSUE DT -------------- VENDOR -------------- 10100 FUND/DIVISION -----LIESCRIPTION--- -- SALES TAX AMOUNT 10100 69594 69594 02/16/06 02/16/06 HALLFORE HALL & HALLFORE HALL FOREMAN, INC. 001 ADMIN FEE -EN 04-420 0.00 10100 10100 69594 02/16/06 & 14ALLFORE HALL & FOREMAN, INC. FOREMAN, INC. 001 001 ADMIN FEE -EN 04-420 0.00 225.00 -225.0() 10100 69594 02/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE -EN 05-494 0.00 187.50 10100 69594 69594 02/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE -EN 05-494 0.00 -187.50 10100 69594 02/16/06 02/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE -EN 04-434 ADMIN FEE -EN 04-434 0.00 59.38 10100 69594 02/16/06 HALLFORE HALL & HALLFORE HALL & FOREMAN, INC. FOREMAN, 001 ADMIN FEE -EN 04-434 0.00 0.00 -59.38 328 25 30100 10100 69594 02/16/06 HALLFORE HALL & INC- FOREMAN, INC. Opl 001 ADMIN FEE -EN 04-434 0.00 -328,25 10100 69594 69594 02/16/06 HALLFORE HALL & FOREMAN, INC_ 001 ADMIN FEE -EN OS -48$ 0.00 36.45 10100 02/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE -EN 05-488 0.00 -36.45 10100 69594 02/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE -EN 05-488 0.00 93.75 10100 69594 69594 02/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE -FN 05-488 0.00 -93.75 10100 69594 02/16/06 02/16/06 HALLFORE HALL & FOREMAN, INC. D01 ADMIN FEE -FPL 2005-147 ADMIN FEE -FPL 2005-147 0.00 225.00 10100 69594 62/16/06 HALLFORE HALL & HALLFORE HALL FOREMAN, INC. 001 PROF -SVCS -EN 05-488 0.00 0.00 -225.00 10100 69594 02/16/06 & HALLFORE HALL & FOREMAN, INC. FOREMAN, INC. 001 PROF.SVCS-EN 0-00 375.00 145.$0 10100 10100 69594 02/16/06 HALLFORE HALT, & FOREMAN, INC. 001 0015510 04-488 PROF.SVCS-EN 04 -434 0.00 237.50 10100 69594 02/16/06 HALLFORE HALL & FOREMAN, INC. 0015510 ECTION 0.00 3469.85 10100 69594 02/16/06 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-INSPECTION 0.00 259.88 10100 _- 69594 - - 02 / 16 /06 NAL r Fnng HALL-& &- FBR EMAIL- - ____- -__--_-PROF. SVCS -PLAN u - 0.00 52.50 10100 69594 69594 02/16/06 HALLFORE HALL & _INC�r FOREMAN, INC. 001 PROF.SVCS-EN 04-920 -42 0.00 900.00 10100 69594 02/16/06 HALLFORE HALL & FOREMAN, INC. 0015510 PL 2005-1 PROF_SVCS--INSPECTION47 0.00 900.00 10100 02/16/06 HALLFORE HALL & FOREMAN, INC. 001 0.00 261.08 TOTAL CHECK 69594 02/16/06 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-EN 05-494 O.Op 750.00 PROF.SVCS-EN 04-434 0.00 1313.00 10100 69595 02/16/06 HARINATH KARTHIKA HARINATH 001 0.00 10431.70 10100 69596 PK REFUND -DSC 27240 0.00 100.00 10100 69596 02/16/06 02/36/06 HF.LWANIN NAOUZAT HELWANIN NAOUZAT HELWANI HELWANI 001 PK REFUND DBC 25770 0.00 850.00 TOTAL CHECK 001 RENTAL FACILITY -DBC 0.00 -55.00 10100 69597 02/16/06 HIRSCHAS HIRSCH & ASSOCIATES INC. 2505310 0.00 795.00 10100 69598 CIP PROJ-SYC CYN PK 0.00 4463.00 02/16/06 HIRSCHPI HIRSCH PIPE AND SUPPLY 1 0015340 SUPPLIES -PARKS 10100 69599 02/16/06 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015554 0.00 314.49 10100 SUPPLIES -ROAD MAINT 0.00 43.99 69600 02/16/06 1NLANDEM INLAND EMPIRE STAGES 1125350 10100 TRANSPORTATION-EXCURSN 0.00 939.00 10100 69601 69601 02/16/06 IVDB INLAND VALLEY DAILY BULL 02/16/06 IVDB 1155517 LEGAL AD -WASTE MGMT 10100 69601 INLAND VALLEY DAILY BULL 02/16/06 IVDB INLAND VALLEY DAILY 001 LEGAL AD -FPL 2005-157 0-00 0.00 256.50 235.20 10106 TOTAL CHECK 69601 02/16/06 BULL IVDB INLAND VALLEY DAILY BULL 001 001 LEGAL AD -FPL 2005-61 0.00 229.20 LEGAL AD -FPL 2006-287 0.00 187.20 10100 69602 02/16/06 INNERWOR INNERWORKS WELLNESS CENT 0015350 0.00 908.10 CONTRACT CLASS -WINTER 0.00 396.00 RUN DATE 02/16/06 TIME 16.21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING ITNGARD PENTAMATION INC - FUND ACCO='ING PAGE NUMBER: 11 ATE: 02/16/06 CITY OF DIAMOND BAR ACCTPA21 '!ME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING FUND - COI - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -- ------ VENDOR -- ----------- FUND/DIVISION -----DESCRIPTION--- -- SALES TAX AMOUNT 10100 69603 02/16/06 INTEPROT INTERNATIONAL PROTECTIVE 0014411 CROSSING GUARD SVCS -JA 0.00 8846.58 10100 69604 02/16/06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS-P/WORKS 0.00 4897.20 10100 69604 02/16/06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS -FINANCE 0.00 31.80 10100 69604 02/16/06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS -JAN 06 0.00 4229.40 10100 69604 02/16/06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS -COM DEV 0.00 3164.10 30100 69604 02/16/06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS -COMM SV 0.00 79.50 TOTAL CHECK 0.00 12402.00 10100 69605 02/16/06 JOLLIFFS STEPHANNSE JOLLIFF 001 RECREATION REFUND 0.00 25.00 10100 69606 02/16/06 KENSHARD KENS HARDWARE 0015340 SUPPLIES -PARKS 0.00 368.90 10100 69606 02/16/06 KENSHARD KENS HARDWARE 0014090 SUPPLIES -GENERAL 0.00 10.58 10100 10100 69606 02/16/06 KENSHARD KENS HARDWARE 0015310 SUPPLIES -COMM SVCS 0.00 5.00 69606 02/16/06 KENSHARD KENS HARDWARE 0015333 SUPPLIES -DSC 0.00 127-07 TOTAL CHECK 0.00 511.55 10100 69607 02/16/06 LEIGHTON LEIGHTON & ASSOCIATES, I O01 ADMIN FEE -EN 05-490 0.00 50.18 10100 10100 69607 02/16/06_ LEIGHTON _ LEIGHTON _&ASSOC�TES_, I _OQL br�r�rTN FEE- _9�440- _ 0.00 -50-18 10100 6-9607 02/16/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -EN 05-490 0.00 105.96 70100 69607 02/16/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -EN 05-490 0.00 -105.96 10100 69607 02/16/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 PROF.SVCS-EN 05-490 0.00 278.78 69607 02/16/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 PROF.SVCS-EN 05-490 TOTAL CHECK 0.00 588.67 0.00 867.45 10100 10100 69608 02/16/06 LEWISENG LEWIS ENGRAVING INC. 0014090 ENGRAVING SVCS -GENERAL 0.00 10.60 10100 69608 02/16/06 LEWISENG LEWIS ENGRAVING INC. 0014090 ENGRAVING SVCS --BADGES 0.00 174.42 10100 69608 69608 02/16/06 LEWISENG LEWIS ENGRAVING INC. 0014090 ENGRAVING SVCS -TILES 0.00 36.81 10100 69608 02/16/06 LEWISENG LEWIS ENGRAVING INC. 0014090 ENGRAVING SVCS -TILES 0.00 18-40 TOTAL CHECK 02/16/06 LEWISENG LEWIS ENGRAVING INC. 0014090 ENGRAVING SVCS -BADGES 0.00 22.62 0.00 262.85 10100 69609 02/16/06 PINCHERL LIANA PINCHER 0015510 T & T MTG-2/9 0.00 45.00 1010Q 69610 02/16/06 LIEBESHE SHERI LIEBE 0015350 CONTRACT CLASS -WINTER 0.00 264-00 10100 69611 02/16/06 LONYAIDO DORA LONYAI 0015350 CONTRACT CLASS -WINTER 0.00 583.20 10100 69612 02/16/06 LACPUBWK LOS ANGELES COUNTY PUBLI 0015554 TRAFFIC MAINT-OCT 05 0.00 854.71 10100 69613 02/16/06 MAYKAREN KAREN MAY 0015350 CONTRACT CLASS -WINTER 0.00 468.00 10100 10100 69614 02/16/06 MCCOYLIS LISA MCCOY 001 PK REFUND -HERITAGE 0.00 280.00 10100 69614 69614 02/16/06 02/16/06 MCCOYLIS LISA MCCOY 001 PK REFUND -HERITAGE 0.00 148.97 TOTAL CHECK MCCOYLIS LISA MCCOY 001 PK REFUND -HERITAGE 0.00 200,00 0.00 628.97 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC FUND ACCOUNTING DATE: 02/16/06 CITY OF DIAMOND BAR TIME: 16:21:54 CHECK REGISTER DI.SBURSEMEN- FUND SELECTION CRITERIA: transact.ck_date>'20C60202 00:00:00.0' ACCOUNTING PERIOD: 8/06 PAGE NUT43ER: 12 ACCTPA2'_ RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING FUND - 001 - GENERAL WUND CASH ACCT CHECK NO ISSUE DT -------- ------ VENDOR ------------- FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10130 69615 02/16/06 MCECORPO MCE CORPORATION 0015554 ROAD MAINT SVCS -JAN 0. 00 7648.14 10100 69615 02/16/06 MCECORPO MCE CORPORATION 0015554 SIGNS & STRIPING -JAN 0. 00 3533.40 1.0100 69615 02/16/06 MCECORPO MCE CORPORATION 001.5554 STORM DRAIN MAINT-SAN 0.00 423.68 10100 69615 02/16/06 MCECORPO MCE CORPORATION 0015554 RIGHT-OF-WAY MAINT-JAN 0.00 3389.44 TOTAL CHECK 0.00 14994.66 103.00 69616 02/16/06 MEYERLAU LAUREL MEYER 0015350 REIMB-SUPPLIES 0.00 30.03 10100 69617 02/16/06 MISSDIAM MISS DIAMONDBAR PAGEANT 0014010 MTG-COUNCIL 2/19 0.00 20.00 10100 69618 02/16/06 MISSDIAM MISS DIAMONDBAR PAGEANT 0014010 MTG-COUNCIL 2/19 0.00 20.00 10100 69619 02/16/06 MOKKENNE KENNETH MOK 0015510 T & T MTG 2/9 0.00 45.00 10100 69620 02/16/06 NLCM NATIONAL LEAGUE OF CITIE 0014090 MEMBERSHIP DUES-CMGR 0.00 3971.00 10100 69621 02/16/06 NEELYGAR GARY L NEELY 0015210 CONSULTING SVCS -JAN 06 0.00 1620.00 10100 69622 02/16/06 PAGALIDI EUGENIA PAGALIDIS 0015350 REIMB-SUPPLIES 0.00 136.54 10100 69623-- -02/16/06 QUALITYT _ --- _ QUALITY TABLEGAMES - 0015350 TENNIS TABLE -COMM SVCS 0.00 1448.78 10100 69624 02/16/06 R&DBLUE R & D BLUEPRINT 0015510 PRINT SVCS-P/WORKS 0.00 129.90 10100 10100 69625 02/16/06 RFDICKSO R F DICKSON COMPANY 0015554 ST SWEEPING SVCS-JAN/F 0.00 18646.88 69625 02/16/06 RFDICKSO R F DICKSON COMPANY 1155515 DEBRIS SVCS -JAN 06 0.00 7808.11 TOTAL CHECK 0.00 26454.99 10100 10100 69626 02/16/06 RJMDESIG RJM DESIGN GROUP INC 2505310 DESIGN SVCS-PANTERA PK 0.00 1206.62 69626 02/16/06 RJMDESIG RJM DESIGN GROUP INC 2505510 DESIGN SVCS -PARKWAYS 0.00 TOTAL CHECK 1206.63 0.00 2413.25 10100 10100 69627 02/16/06 SANTOSJO JORGE SANTOS 001 RECREATION REFUND 0.00 32.83 TOTAL CHECK 69627 02/16/06 SANTOSJO JORGE SANTOS 001 PARK REFUND -DBC 2688 0.00 200.00 0.00 232.83 10100 69628 02/16/06 SHAHJACK JACK SHAH 0015510 T & T COMM -2/9 0.00 45.00 10100 69629 02/16/06 SHAKIBAI SHAHDAD SHAKIBAI 001 PK REFUND -DBC 276 0.00 100.00 10100 10100 69630 02/16/06 SMARTFIN SMART & FINAL 0015350 SR SUPPLIES -BINGO 0.00 122.19 10100 69630 02/16/06 SMARTFIN SMART & FINAL 0015333 SUPPLIES -DBC 0.00 109.13 TOTAL CHECK 69630 02/16/06 SMARTFIN SMART & FINAL 0015350 SUPPLIES --ADULT EXCURSI 0.00 36.10 0.04 267.42 10100 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 14.32 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 48.15 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 13.43 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 02/16/06 CITY OF DIAMOND BAR TIME: 16:21:54 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaet.ck_date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 PAGE NUMBER: 3 ACCTPA21 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ------- VENDOR---- FUND/DIVTSION -----DESCRIPTION------ SALES TAX AMOUNT 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS -DIST 41 0.00 14.12 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015333 ELECT SVCS -DBC 0.00 5321.67 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 17.55 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDTS 0015510 ELECT SVCS -TRAFFIC CON 0.00 26.32 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 40.45 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 58.22 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 41.01 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 35.11 10100 69631 02/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 35.11 TOTAL CHECK 0.00 5665.46 10100 69632 02/16/06 SUNSSENI SUNSHINE SENIORS 0114010 COMM ORG SUPPORT FUND 0.00 700.00 10100 69633 02/16/06 TRICITIE TRI -CITIES POOL SERVICE 0015333 MONTHLY MATNT-DBC JA 0.00 160.00 10100 69634 02/16/06 USPSCMRS UNITED STATES POSTAL SER 0014090 REPLENISH POSTAGE METE 0.00 5000.00 10100 69635 02/16/06 UNITEDTR UNITED TRAFFIC SERVICES 0015554 SUPPLIES -ROAD MAINT 0.00 872.99 10100 _ __ 696.6_ __ URBANENT _ URBZLN_-ENTOM`l V Y_AS''.O GOP14FR-_C0NTRx,TnL al -ST- 0.00 170.00 10100 69636 02/16/06 URBANENT URBAN ENTOMOLOGY ASSOCIA 1385538 GOPHER CONTRL-DIST 38 0.00 55.00 10100 69636 02/16/06 URBANENT URBAN ENTOMOLOGY ASSOCIA 0015340 GOPHER CONTRL-SUMMTRDG 0.00 75.00 10100 69636 D2/16/06 URBANENT URBAN ENTOMOLOGY ASSOCIA 0015333 GOPHER CONTRL-SYC CYN 0.00 125.00 10100 69636 02/16/06 URBANENT URBAN ENTOMOLOGY ASSOCIA 0015340 GOPHER CONTRL-PANTERA 0.00 75.00 TOTAL CHECK 0.00 500.00 10100 69637 02/16/06 VERIZONC VERIZON CALIFORNIA 0015340 PH.SVCS-HERITAGE PK 0.00 24.26 10100 69637 02/16/06 VERIZONC VERIZON CALIFORNIA 0014090 PH.SVCS-GENERAL 0.00 30.32 10100 69637 02/16/06 VERIZONC VERIZON CALIFORNIA 0014030 PH.SVCS-FAX LINE/CMGR 0.00 31.42 10100 69637 02/16/06 VERIZONC VERIZON CALIFORNIA 0014090 PH.SVCS-INFO TO GO 0.00 107.73 10100 69637 02/16/06 VERTZONC VERIZON CALIFORNIA 0015340 PH.SVCS-PETERSON PK 0.00 160.92 10100 69637 02/16/06 VERIZONC VERIZON CALIFORNIA 0014090 PH.SVCS-GENERAL 0.00 633.86 TOTAL CHECK 0.00 988,51 10100 69638 02/16/06 GRAINGER W.W. GRAINGER INC. 0015340 SUPPLIES-REAGAN 0.00 219.99 10100 69639 02/16/06 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RENTAL -FEB 06 0.00 180.00 10100 69639 02/16/06 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RENTAL -JAN 0.00 360.00 10100 69639 02/16/06 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RENTAL -JAN 0 0.00 7840.00 10100 69639 02/16/06 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RENTAL -JAN 06 0.00 5540.00 10100 69639 02/16/06 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RENTAL -JAN 06 0.00 780.00 10100 69639 02/16/06 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RENTAL -FEB 06 0.00 540.00 10100 69639 02/16/06 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RENTAL -FEB 0 0.00 900.00 TOTAL CHECK 0.00 16140.00 10100 69640 02/16/06 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS -DIST 38 0.00 7496.31 10100 69640 02/16/06 WVWATER WALNUT VALLEY WATER DIST 1395539 WATER SVCS -DIST 39 0.00 1800.40 10100 69640 02/16/06 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS-DIS'P 41 0.00 2798.87 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING S1rNGARD PENTAMATION TNC - FUND ACCOUNTING DATE: 02/16/06 CITY OF DIAMOND BAR T MF: 16:21:54 "HECK REGISTER - DTSBURSEMENT FUND SELECTION CRITERIA: cransaCL.ck_date>'20060202 10:00:00.0' ACCOUNTING PERIOD_ 8/06 PAGE NUMBE-2: 14 ACCTPA21 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ----------------VENDOR--- ---- FUND/DIVISION -----DESCRIPTION— - SALES TAX AMOUNT 10100 69640 02/16;06 WVWATER WALNUT VALLEY WATER DIST 0015340 WATER SVCS -PARKS 0.00 1503.59 TOTAL CHECK 0.00 16599.17 10100 69641 02/16/06 SIECKEWA WARREN SIECKE 2505510 TRFFC SGNL-PTHFNDR-PEA 0.00 562.60 10100 69641 02/1.6/06 SIECKEWA WARREN SIECKE 2505510 TRFFC SGNL-D/B/MAPI.,E H 0.00 562.60 10100 69641 02/16/06 SIECKEWA WARREN SIECKE 2505510 TRFFC SGNL-D/B/SNST XT 0.00 562.60 10100 69641 02/16/06 SIECKEWA WARREN SIECKE 2505510 TRFFC SGNL-D/B/NB 57 A 0.00 562.60 10100 69641 02/16/06 SIECKEWA WARREN SIECKE 2505510 TRFFC SGNL-D/B/C/SPNGS 0.00 562.60 10100 69641 02/16/06 SIECKEWA WARREN SIECKE 0015554 ENGINEERING SVCS -JAN 0 0.00 4399. 00 103.00 69641 02/16/06 SIECKEWA WARREN SIECKE 2505510 TRFFC SGNL-DB/SHADOW C 0.00 1066.67 10100 $9641 02/16/06 SIECKEWA WARREN SIECKE 2505510 TRFFC SGNL-G/S/PROSPC`I' 0.00 1066.67 10100 69641 02/16/06 SIECKEWA WARREN SIECKE 2505510 TRAFFC SGNL-DBS/HGLD V 0.00 1066.66 10100 69641 02/16/06 SIECKEWA WARREN SIECKE 0015554 ENGINEERIN SVCS -JAN 06 0.00 970.00 TOTAL CHECK 0.00 11382.00 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0014030 SUPPLIES-CMGR 0.00 59.00 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0015310 SUPPLIES --COMM SVCS 0.00 59.00 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0015510 SUPPLIES-P/WORKS 0.00 59.00 10100 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0015350 SUPPLIES -RECREATION 0.00 25.81 69642 02/16/06_ WELLSFAR WELLS FARGO BANK _ _ 31� p crioprrFc_RECRRATT{}A3_- - G.00 12.91 10300 10100 02/16/06 WELLSFAR WELLS FARGO BANK 0014010 SUPPLIES -COUNCIL 0.00 12.95 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0015510 SUPPLIES-P/WORKS 0.00 50.20 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0014070 COMP EQ-MATNT SVCS 0.00 149.00 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0015310 PROF.SVCS-INFO SYS 0.00 15-00.00 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0015510 PUBLICATIONS-P/WORKS 0.00 322.21 10100 69642 02;16/06 WELLSFAR WELLS FARGO BANK 0014070 COMP EQ -SOFTWARE MAINT 0.00 995.00 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0015310 SUPPLIES -RECREATION 0.00 29,48 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0014090 MTG SUPPLIES -GENERAL 0.00 52.43 10100 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0015350 SUPPLIES -COMM SVCS 0.00 95.48 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0015350 SUPPLIES -COMM SVCS 0.00 62.11 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0014060 MTG SUPPLIES-H/R 0.00 129,80 10100 69642 02/16/06 WELLSFAR WELLS FARGO BANK 0014070 COMP EQ-I/T 0.00 178.60 TOTAL CHECK 0.00 3792.98 10100 69643 02/16/06 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT-SAN 06 0.00 9136.00 10100 10100 69644 02/16/06 WHITEANG ANGIE WHITE 001 PK REFUND -DBC 26674 0.00 400.00 69644 02/16/06 WHITEANG ANGIE WHITE 001 PERMIT FEE -DBC 0.00 -170.00 TOTAL CHECK 0.00 230.00 10100 69645 02/16/06 WRIGHTP PAUL WRIGHT 0014090 A/V SVCS-CNCL MTG 0.00 385.00 10100 000001 07/28/08 UNIONBAN UNION BANK OF CALIFORNIA 0014090 DSC -DEBT SVC PMT 0.00 38016,59 10100 10100 06 -PP 02 02/03/06 PAYROLL PAYROLL TRANSFER 001 PAYROLL TRANSFER-06/PP 0.00 105680.65 10100 06 -PP 02 02/03/06 PAYROLL PAYROLL TRANSFER 112 PAYROLL TRANSFER-06/PP 0.00 3057.24 10100 06 -PP 02 02/03/06 PAYROLL PAYROLL, TRANSFER 115 PAYROLL TRANSFER-06/PP 0.00 1458.72 06 -PP 02 02/03/06 PAYROLL PAYROLL TRANSFER 118 PAYROLL TRANSFER-06/PP 0.00 609.55 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 02/16/06 CITY OF DIAMOND BAR TIME: 16:21:54 CHECK REGISTER - DTSBURSEMENT FUND SELECTION CRITERIA: transacL.ck date>'20060202 00:00:00.0' ACCOUNTING PERIOD: 8/06 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT DESCRIPTION --- PAYROLL TRANSFER--06/PP PAYROLL TRANSFER-06/PP PAYROLL TRANSFER-06/PP PAYROLL TRANSFER-06/PP P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06 PP 03 P/R TRANSFER -06 PP 03 PAGE NUMBER: 15 ACCTPA21 SALES TAX 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0-00 0.00 0.00 0.O0 0.00 0.00 0.00 0.00 0.00 0.00 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING Worm► 1175.40 869.77 869.80 869.85 114590.98 101889.35 4010.63 1865.80 1347.45 907.33 1118.41 1118.45 1118.43 113375.85 1309254.62 1309254.62 1309254.62 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ---------- - -VENDOR------------- FUND/DIVISION 10100 06 -PP 02 02103/06 PAYROLL PAYROLL TRANSFER 125 10100 06 -PP 02 02/03/06 PAYROLL PAYROLL TRANSFER 138 10100 06 -PP 02 02/03/06 PAYROLL PAYROLL TRANSFER 139 10100 06 -PP 02 02/03/06 PAYROLL PAYROLL TRANSFER 141 TOTAL CHECK 10100 06 -PP 03 62/09/06 PAYROLL PAYROLL TRANSFER 001 10100 06 -PP 03 02/09/06 PAYROLL PAYROLL TRANSFER 112 10100 06 -PP 03 02/09/06 PAYROLL PAYROLL TRANSFER 115 10100 06 -PP 03 02/09/06 PAYROLL PAYROLL TRANSFER 118 10100 06 -PP 03 02/09/06 PAYROLL PAYROLL TRANSFER 125 10100 06 -PP 03 02/09/06 PAYROLL PAYROLL TRANSFER 138 10100 06 -PP 03 02/09/06 PAYROLL PAYROLL TRANSFER 139 10100 06 -PP 03 02/09/06 PAYROLL PAYROLL TRANSFER 141 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT DESCRIPTION --- PAYROLL TRANSFER--06/PP PAYROLL TRANSFER-06/PP PAYROLL TRANSFER-06/PP PAYROLL TRANSFER-06/PP P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06/ PP 03 P/R TRANSFER -06 PP 03 P/R TRANSFER -06 PP 03 PAGE NUMBER: 15 ACCTPA21 SALES TAX 0.00 0.00 0.00 0.00 0.00 C.00 0.00 0-00 0.00 0.00 0.O0 0.00 0.00 0.00 0.00 0.00 0.00 RUN DATE 02/16/06 TIME 16:21:57 SUNGARD PENTAMATION INC - FUND ACCOUNTING Worm► 1175.40 869.77 869.80 869.85 114590.98 101889.35 4010.63 1865.80 1347.45 907.33 1118.41 1118.45 1118.43 113375.85 1309254.62 1309254.62 1309254.62 Agenda # 6.3 Meeting Date: 2.21.06 11111 CITY COUNCIL _ �9� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: ACCEPTANCE OF WORK PERFORMED BY CS LEGACY FOR THE CONSTRUCTION OF IMPROVEMENTS AT THE SYCAMORE CANYON PARK TRAIL HEAD; DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF COMPLETION AND TO RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. INCREASE THE CONTRACT AMOUNT WITH CS LEGACY CONSTRUCTION, INC. TO $462,363.51, AN INCREASE OF $3,734.96. RECOMMENDATION: Accept the work performed by CS Legacy; direct the City Clerk to file the Notice of Completion; and authorize the release of the retention; and increase the contract amount. FINANCIAL IMPACT: Grant funds are available for the $3,734.96 increase in contract amount for CS Legacy Construction within the appropriation authorized by the City Council for this project. Project Costs: ConstructionContractor Design Plan Photocopies Inspection & Plan Check Geotechnical Services Walnut Valle: Water District LA County Register's Office LA County Public Works Plan Check Southern California Edison TOTAL $ 462,363.51 $ 30,200.00 $ 1,071.45 $ 5,350.00 $ 728.00 $ 9,811.95 $ 46.00 $ 500.00 $ 6,470.70 $ 516,541.61 Project Budget: $ 520,261.00 BACKGROUND: The City Council awarded a contract to CS Legacy on June 21, 2005 in the amount of $437,622.55 to construct improvements at Sycamore Canyon Park. The work was substantially completed on January 10, 2006 and is now ready to be accepted. DISCUSSION: The contract amount awarded to CS Legacy is $437,622.55, plus a contingency amount of $21,006.00 for a total authorization of $458,628.55. Change Orders #1, #2, #3 were processed for $2,600, $3,258.90, $18,882.06 respectively. 66 days were also added to the contract due to rain, unanticipated conditions, SCE street light process, and installation of a water meter by WVW D. The three change orders processed included: 1) Upgraded cobble stone in the parking lot and observation deck structural modifications. 2) Additional grading for observation deck and approach. 3) Time and materials for additional street lighting conduit, additional wood fencing, and 25 feet of concrete. Work required to complete this project included'in change order #3 caused the cost to the contractor to exceed City Council's authorized amount by $3,734.96. The total City Council contract authorization, including the 4.8% contingency is $458,628.55. The total cost of the work is $462,363.51. There are grant funds available within the appropriated budget to cover the additional $3,734.96 cost. City Council approval is required to increase the contract amount with CS Legacy Construction to a grand total of $462,363.51. the additional required work was a requirement of Southern California Edison to replace existing 1 1/4" conduit with 3" conduit for the two new street lights in the project area. Since the 1 '/4" conduit was previously sufficient, it was unanticipated that Edison would require its replacement with new 3" conduit. PREPARED BY: Ryan Wright Recreation Supervisor Director of Community Services Attachment: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21$25 Co le Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "In fee" (If other than fee, strike "In fee' and insert, for example, "Purchaser under contract or purchasd," Of "Sessee') 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESS CS L.e ac Inc. 13263 Yorba Avenue Chino CA 91710 6. A work of improvement on the property hereinafter described was completed on!January 10 2006. The work done was: Sycamore Canyon Park Trail and Trail Head improvements 7. The name of the contractor, if any, for such work of improvement was CS Leg ICY,111C. June 2112005 (If no contractor for work of improvement as a whole, insert "none') (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of los Angeles, State of California, and is described as follows: Sycamore Canyon Park 22930 Croi en S rin s Drive 9. The street address of said property is Dated: Verification for htdividual O—ff (If no street address has been officially assignQd, insert "none`) CITY OF DIAMOND BAR Signature of owner or corporate offidcr of owner named in paragraph 2 or his agent VERIFICATION CityMana er the declarant of the foregoing I, the undersigned, say: I am the ("resident or', "Manager o1;" "A partner of;'.')wner of;' etc.) notice of completion; I have read said notice of completion and know the contest$ thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. 2006, atD1am nd Bar California. (City wheire signed) Executed on (Date of signature) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) Agenda # 6.4 Meeting Date: February21,,2006 CITY COUNCIL k AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage LS TITLE: APPROVE $28,601.00 INCREASE IN CONTRACT WITH ADVANTEC CONSULTING ENGINEERS FOR A TOTAL CONTRACT AMOUNT OF $53,101.00. RECOMMENDATION: Approve Contract Amendment. FINANCIAL IMPACT: As part of the Mid -Year Budget Amendment, a budget adjustment of $14,750 was transferred from the Engineering budget',for the additional funds required for the Citywide Traffic Signal Timing Project. The remaining purchase order balance in the amount of $13,851 from the Katz-Okitsu A Associates contract will be used to complete the design of the NTMP pilot projects by Advantec. These two (2) adjustments will bring the original two-year contract amount from $24,500 to $53,101. BACKGROUNDIDISSCUSSION: Citywide Traffic Signal Timing: In 2002, the City contracted with Advantec Consulting Engineers (Advantec) to develop and implement a Citywide Traffic Signal Timing Plan that would coordinate the performance of all traffic signals within Diamond Bar. The project's objectives were to: (1) optimize the traffic flow on the City's main arterials without adversely affecting traffic on side streets; (2) shorten travel time; (3) reduce overall vehicle stops and delays; and (4)I improve air quality. Traffic flow was evaluated during the morning and afternoon peak hours, and during the off peak periods. In September/October, 2003, the City implemented changes to the signal timings; and Advantec has been monitoring, adjusting, and fine -turning all signal timing since that time. On May 18, 2004, Advantec was awarded a two-year contract for continued monitoring of the traffic signal timing with a total authorization amount of $24,500.00 through July 1, 2006, with the option of additional extensions on an annual basis for up to three years upon approval of City Council In FY 2004-05, the total expenditure was $13,350.00, leaving a contract balance of $11,150.00 for FY 2005-06. As of December 31, 2005, an amount of $10,052.00 has been expended as a result of increased construction activities and various other tasks. To adequately cover the anticipated project costs through June 30, 2006, staff has requested an additional amount of $14,750.00 as part of the Mid -Year Budget Adjustment. Neighborhood Traffic Management Program (NTMP) Pilot Projects: On July 20, 2004, Council awarded a contract to Katz-Okitsu & Associates in the total amount of $75,000 to develop a NTMP program. At the October 4, 2005 City Council meeting, Council approved the Traffic and Transportation Commission and staff's recommendation for installation of a pilot project in each of the five (5) residential districts. It was staff's understanding that the remaining purchase order amount of $13,851 would be sufficient to cover the design costs. However, after reviewing two (2) separate proposals from Katz-Okitsu� they were unable to complete plans and specifications within the remaining purchase order balance. I A proposal was then requested of Adva'ntec for the NTMP pilot projects design. Based on their review and understanding of the scope of work from Katz-Okitsu, a fee proposal including complete design plans and specifications for the pilot projects was submitted in the amount of $10,600 including a corlitingency amount of $3,251. The remainder of the NTMP contract with Katz-Okitsu & Associates in the amount of $13,851 will be closed. These funds, will be sufficient to cover the Not -to -Exceed proposal from Advantec to design plans and specifications for installation of the NTMP pilot projects. The final contract amount breaks down as follows: Original 2 -Yr. Contract Amount $24,500 Increase Citywide T.S. Timing $14,750 NTMP Pilot Projects Design $13,851 $28.601 Total Amended Contract Amount $53,101 PREPARED BY: Michelle Chan, Senior Administrative Assistant Date Prepared: February 14, 2006 Sharon Gomez, Senior Management Analyst REVIEWED BY: David G: iu, Director of Public Works Attachments: Amendment No. 3 to the C 6nsulting Services Agreement 2 AMENDMENT NO.3 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 3 is made and entered into this 21St day of _February, 2006, between the THE CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Advantec Consulting Engineers. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The CITY entered into an Agreement, with Advantec Consulting Engineers to provide Professional Consulting Services, which Agreement was dated December 17 2002. (ii.) The CONSULTANT, submitted a Neighborhood Traffic Management Program design proposal, a full, true and correct copy of which is attached hereto as Exhibit "D". NOW, THEREFORE, it is agreed by and', between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "C", dated May 3, 2004, for Citywide Traffic Signal Timing Monitoring Services and Exhibit "D", dated February 15, 2006 for the design of Neighborhood Traffic Management Program Pilot Projects." Section 2: Section 1. B. Level of Services/Time of Performance of the Agreement is hereby amended to read as follows: "B. Level of Servicels/Time of Performance. The level of and time of the specific services to be performed) by Consultant are as set forth in Exhibits "C and "D"." Section 3: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibits "C and "D Payment will be made only after submission of proper invoices in the form specified'I by City. The total payments to Consultant pursuant to this Amendment No. 3 shall !not exceed Fifty-three thousand one hundred one dollars ($53,101.00)." Section 4: Each party to this Amendment No. 3 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 3 shall be valid and binding. Any modification of this Amendment No. 3 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: CITY OF DIAMOND BAR Linda C. Lowry, City Clerk DATE: CONSULTANT: ADVANTEC CONSULTING ENGINEERS !Bernard K. Li, P.E. Vice President Carol Herrera, Mayor 2 CITY COUNCIL Agenda # 6 . s Meeting Date: February 21, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager rLG TITLE: SECOND READING OF ORDINANCE NO. 02 (2006) — ADOPTING ZONE CHANGE NO, 2005-01 WHICH CHANGES THE EXISTING ZONING OF COMMERCIAL AND INDUSTRIAL PROPERTIES CITY WIDE TO COMPLY WITH THE GENERAL PLAN LAND USE DESIGNATION AND AMENDING THE ZONING MAP OF THE CITY OF DIAMOND BAR. RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 02 (2006). FINANCIAL IMPACT: NIA BACKGROUND/DISCUSSION: Ordinance No. 02 (2006) provides for Zone Change No. 2005-01 which amends the City's Zoning Map, thereby bringing the subject commercial and industrial properties in conformance with the General Plan land use designations for said ,properties. The amended zoning designations for the subject properties are as delineated in Exhibit 'W' attached to Ordinance No. 02 (2006). A public hearing on the Zone Change was concluded on February 7, 2006. First reading of the Ordinance occurred at the February 7, 2006 City Council meeting. Upon approval of second reading, the referenced Zone Change will be effective March 8, 2006. PREPARED BY: Attachment: Ordinance No. 02 (2006) REVIEW D BY: Nancy ong, Interim Com elopment Director A. RECITALS. ORDINANCE NO. 02 (2006) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2005-01 WHICH CHANGES THE EXISTING ZONING OF COMMERCIAL AND INDUSTRIAL PROPERTIES CITY WIDE IN ORDER TO COMPLY WITH THE GENERAL PLAN LAND USE DESIGNATION. 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 City of Diamond Bar has initiated an application for Zone Change No. 2005-01 for existing commercial and industrial zoned properties located throughout the City of Diamond Bar, Los Angeles County, California. HereinafterF in this Resolution, the subject Zone Change shall be referred to as the "Application". 3. Notice for this project Was published in the Inland Valley Bulletin and the San Gabriel Valle Tribune on January 27, 2006. Pursuant to Planning and Zoning Law, Government Code Section 65091 (a) (3), if the number of property) owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 118 page in one newspaper of general circulation. The total number of properties owners within a 700 foot radius of the propertied' affected by the proposed zone change is much greater than 1000. Therefore, the City placed a 118 page display in the above-mentioned newspapers of general circulation. The City went beyond the required notification and on January 20, 2006, public hearing notices werer 'ailed to approximately 108 property owners of commercial or industrial zoned property affected by the proposed zone change. Furthermore, is public hearing notice was posted at Diamond Bar City Hall, Diamond Bar Library, Country Hills Towne Center Community Board, Heritage Park and Community Board at 1180 Diamond Bar Boulevard (Ralph's shopping center) on January 20, 2006. 4. On November 8, 2065, 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. 2005-�9 recommending City Council approval of the Application. 5. On February 7, 2006, 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. 2005-01 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. 2005-01 set forth within amends the Zoning Map and is consistent with the General Plan and the City's economic goals and polices. 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, pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15162 and 15168 (c)(2), the City has determined that proposed Zone Change No. 2005-01 is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified on July 25, 1995. Therefore, further environmental review is not required for reasons set forth in the staff report under Environmental Assessment. 3. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) Zone Change Nb. 2005-01 will replace the City's current Zoning Map designations, in conformance with the General Plan by changing the zoning of the subject properties as attached hereto as Exhibit "A". (b) The City Clerk is directed to amend the Zoning Map to reflect the referenced properties new zoning designations. PASSED, APPROVED AND ADOPTED THIS DAY OF 2006, BY THE CITY'COUNCIL OF THE CITY OF DIAMOND BAR. Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2006 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2006 by the following vote: j AYES: Council Members: NOES: Council Members: !, ABSENT: Council Members: ABSTAIN: Council Members: Linda C. Lowry, City Clerk, City of Diamond Bar EXHIBIT "A" ZONE CHANGE NO. 2005-01 APN # GENERAL LOCATION RECOMMENDED ZONE 8703-001-061 (Weinerschnitzel) Sunset Blvd./Diamond C-2 8703-001-062 (vacant lot) Bar Blvd. (Community Commercial) 8281-024-052 (Chevron Station) Diamond Bar Blvd./ C-3 Palomino Dr. (Regional Commercial) 8281-010-049 Diamond Bar Blvd. C-3 8281-010-050 between Palomino Dr. 8281-010-051 and golden Springs Dr. 8281-010-057 (Von's/SavOn/Mobil/bank 8281-010-058 8281-010-054 8293-044-015 (office bldg.) Montofino Ave. 1 CO 8293-044-016 (parking lot) Diamond Bar Blvd. (Commercial Office) 8285-020-900 Diamond Bar/ Cold C-2 8285-020-006, 8285-020-007 Springs/ Fountain 8285-020-031, 8285-020-052 Springs 8285-020-004 (office building) Diamond Bar Blvd./ OP 8285-020-005 Fountain Springs Rd. 8714-015-001 Adjacent Flood Channel C-1 and Site "D" 8293-002-009 (office building) Grand Ave. between OP 8293-002-010 (parking lot) Montefino Ave. and 8293-002-011 (office building) Diamond Bar Blvd. APN # GENERAL LOCATION RECOMMENDED ZONE 8717-025-054 (office bldg) Golden Springs Dr. 1 OP 8717-025-055 (office bldg. parking Grand Ave. OP lot) 8717-025-007 (parking lot) CO 8717-025-008 (offices, restaurant) CO 8763-001-038 Golden Springs Dr.Nia CO 8763-001-033 Sorella St. (Walnut Pool, 8763-001-034 CalTrOns yard) 8763-001-035 8763-004-002 Brea Canyon Rd.Nia CO 8763-004-003 Soreda St. (two churches, 8763-004-008 archit'ect's office, repair 8763-004-010 shop) 8763-004-011 8763-007-001, 8763-007-003 Golden Springs Dr. C-3 8763-007-004, 8763-007-008 between Lemon Ave./ 8763-007-010, 8763-007-011 Brea�anyon Rd. (Mc 8763-007-012, 8763-007-013 Dona d's/Chevron to 8763-007-022, 8763-007-025 Charlie's Sandwich Shop) 8763-007-026, 8763-007-027 8763-007-028 8762-034-022 Golden Springs Dr./ C-2 8762-034-012 Lemon Ave.(strip center, Jubei!6 Korean restaurant) 8285-029-001, 8285-029-002 SW Corner of Pathfinder CO 8285-029-003, 8285-029-004 Rd./Brea Canyon Rd. 8285-029-005, 8285-029-006 APN # GENERAL LOCATION 7 RECOMMENDED ZONE 8293-050-900, 8293-050-002 Gateway Corp. Center OB 8293-050-003, 8293-050-005 (Office, Business Park) 8293-050-010, 8293-050-011 8293-050-012, 8293-050-013 8293-050-017, 8293-050-018 8293-050-019, 8293-050-021 8293-050-022, 8293-050-023 8293-050-031, 8293-050-032 8293-050-035, 8293-050-036 8293-050-037, 8293-050-038 8293-050-039, 8293-050-040 8293-051-001, 8293-051-002 8293-051-003, 8293-051-004 8293-051-005, 8293-051-006 8718-005-005, 8718-005-006 North of Sunset Crossing/ REC 8718-005-007, 8718-005-008 South of Happy Hallow (Recreation) 8718-005-011, Rd. (Little League Field) 8719-003-807 (Union Pacific RR) 8719-010-015, 8719-010-014 Washington St./East of RMH 8719-010-013 (mobile home park) Brea danyon Rd. (Medium/High Density Residential) 8719-010-009 (warehouse) Washington St./East of I 8719-010-008 (warehouse) Brea Canyon Rd. 8760-021-001 (warehouse) North of Lycoming St. I 8760-021-002 (warehouse) betweein Brea Canyon 8760-021-006 (industrial) Rd. and Lemon Ave. APN # GENERAL LOCATION RECOMMENDED ZONE 8760-021-005 (Shea Center) North of Lycoming St. I 8760-027-001 (Pinefalls Ave.) between Lemon Ave. and 8760-027-002, 8760-027-003 Brea Canyon Rd. 8760-027-004, 8760-027-005 8760-027-006, 8760-027-007 8760-027-008, 8760-027-009 8760-027-010, 8760-027-011 (Penarth Ave.) 8760-027-012, 8760-027-013 8760-027-014, 8760-027-015 8760-027-016, 8760-027-017 8760-021-018 8760-014-012, 8760-014-013 Westf Lemon I 8760-014-014, 8760-014-015 Ave./f Orth of 60 Fwy. to 8760-014-802 (Union Pacific RR) City boundary 8760-015-001, 8760-015-002 8760-015-003, 8760-015-004 8760-015-005, 8760-015-006 8760-015-007, 8760-015-008 8760-015-009, 8760-015-010 8760-015-011 Yellow Brick Road Industrial Park 8760-015-013, 8760-015-014 8760-015-015, 8760-015-018 8760-015-021, 8760-015-022 8760-015-023, 8760-015-024 8760-015-025, 8760-015-026 8760-015-027, 8760-015-028 8760-015-030, 8760-015-031 8760-015-901 North of 60 Fwy.ISouth of I 8760-015-902 Lycomjng St. between 8760-015-903 Lemont Ave. and GlenwO Ave. (WVU$D) Agenda # _ 6-6 Meeting Date: February 21, 2006 CITY COUNCIL - AGENDA REPORT TO: Honorable Mayor and Members the City Council VIA: Linda C. Lowry, City Mana TITLE: ADOPT RESOLUTION O. 2006 -XX APPROVING THE CITY'S RECORDS RETENTION SCHEDULES RECOMMENDATION: Adopt Resolution No. 2006 -XX approving the City's Records Retention Schedules. FINANCIAL IMPACT: The City of Diamond Bar will realize savings both in labor and storage expenses; including the avoidance of future storage and/or construction costs. BACKGROUND: In October, 2005, the City contracted with Gladwell Governmental Services, Inc., an expert in local government records, to revise the records retention schedules for the City, prepare document imaging plans, records management procedures and conduct employee training. A revision to the existing, more informal program was necessary to reduce current and future records storage costs, eliminate duplication of effort, increase efficiency and take advantage of current technology and changes in law. DISCUSSION: The need to modify the City's records retention schedules is driven by many factors, including: • Very limited space in City Hall, especially for records • Many departments are filing and storing copies of the same records • Diamond Bar produces and manages many permanent records • Escalating records storage expenses • Technology advancements • Changes in law In the past, the destruction of public records was based solely on the premise set forth by Government Code Section 34090. Rather than adopting a records retention schedule setting forth guidelines for the destruction of records, city staff prepared a list of records to be destroyed, and after the approval of the City Attorney and City Council, a Resolution for records destruction was adopted by City Council. Staff is now seeking to adop new retention schedules based on the more current standards set forth by the State of California nd the best practices of eighty (80) other California cities. With the adoption of these records reten ion schedules, the need for Council to approve a new Resolution each time documents are destroyed will be eliminated. When followed, these schedules will be referenced prior to the preparation of a list. The list will only need approval of the City Clerk, City Manager, and City Attorney. A real advantage to the new schedules is that they are department specific: specifying which department is tasked with keeping the record; describing the various types of records kept by said department; how long they should be kept within the office; the suggested media options to use prior to destruction; and 'the amount of time paper records should be kept after media conversion. The process to develop the recommended retention schedules included presentations to Records Representatives from all departments and the Executive Team. Schedule A reflects the outcome of collaboration with all departments to create an easy-to-use, accurate and complete approach to managing the existing records. By identifying which department is responsible'for maintaining the original record, and by establishing clear retention periods for different categories of records, the City of Diamond Bar will realize significant savings in labor costs, storage costs, free filing cabinet and office space, and realize operational efficiencies. These records retention schedules have been reviewed by the City Attorney and will conform to the legal requirement set foirth by California law. PREPARED BY: Debbie Gonzales, Sr. Administrative Assistant Date Prepared: February 1, 2006 REVIEWED BY: . } David Doyle Assistant City Manager Attachment: Resolution 2006 -XX Revised Records Retention Schedules RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS WHEREAS, the maintenance of voluminous records is expensive, slows document retrieval, and is not necessary after the passage of a certain period of time for the effective and efficient operation of the government of the City of Diamond Bar; and WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed; and WHEREAS, the State of California has adopted guidelines for retention of various government records; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE AS FOLLOWS: Section 1. The Records Retention Schedule attached hereto as Exhibit A is hereby adopted as the official records retention schedule for the City of Diamond Bar. The records of the City of Diamond Bar shall be retained as set forth in the Records Retention Schedule. Records may be destroyed as provided by Section 34090 et seq, of the Government Code of the State of California in accordance with the provisions of said schedule upon the request of the Department Head and with the consent in writing of the City Clerk and the City Attorney, without further action by the City Council of the City of Diamond Bar. Section 2. With the consent of the City Clerk, City Manager, and City Attorney, updates are hereby authorized to be made to the Records Retention Schedule without further action by the City Council of the City of Diamond Bar. Section 3. The term "records" as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or paper; as defined by the California Public Records Act. Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 5. This resolution shall becomeeffective immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED phis day of 2006. Carol Herrera, Mayor 1, 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 day of , 2006 by the following vote: AYES: Council Members: NOES: Council Members: ABSTAIN: Council Members: ABSENT: Council Members: Linda C. Lowry, City Clerk EXHIBIT "A" I � ` � a Diamond Bar California prepared by GOV f�.NMI=NTAL a�IZ�rrrr ICES. _ IN_C_. `Fi Iieordt MandgamanL. CPmPular Trehndogiaa. EIH tiOrll ll F2PnnglnnPrmq P.O. Box 62.1028 Tirol sane, Lake Arrowhead, GA 92352-0062 voce:(909)337-3516 • FAX. (909) 337-3626 • rLAAI.:gladweg4@9ot,00m • www,giadwellgov.org HOW TO USE RETENTION SCHEDULES 02005 Gladwell Governmental services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission A legend explaining the information presented in the retention schedule has been printed on the back of each page for your easy reference; an index to locate records will also be provided. (NOTE — the index is done after the schedules are completed) The specified retention period applies regardless of the media of the record: If a record is stored on paper and a computer file on a hard drive, both records should be destroyed (or erased) after the specified period of time has elapsed. Copies or duplicates of records should never be retained longer than the prescribed period for the original record. STRUCTURE: CITYWIDE. DEPARTMENTS?! DIVISIONS The Citywide retention schedule includes those records all departments have in common (letters, memorandums, purchase orders, etc.). These records are NOT repeated in the Department retention schedule, unless that department is the Office of Record, and therefore responsible for maintaining the original record for the prescribed length of time. Each department has a separate retention schedule that describes the records that are unique to their department, or for which they are the Office Of Record. Where appropriate, the department retention schedules are organized by Division within that Department. If a record is not listed in your department retention schedule, refer to the Citywide retention schedule. An index will be provided for your reference. BENEFITS This retention schedule has been developed by Diane R. Gladwell, CMC, an expert in Municipal Government records, and will provide the City with the following benefits: • Reduce administrative expenses, expedite procedures • Free filing cabinet and office space • Reduce the cost of records storage • Eliminate duplication of effort within the City • Find records faster • Easier purging of file folders • Determine what media should be used to store records Records must be destroyed only in the ordinary course of business in accordance with the City's policies and procedures, and in full compliance with applicable Federal, State and Municipal laws. For questions, please contact the City Clerk. Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -1 Office of Classification Records Description Retention 1 Disposition Comments t Reference Record OR File Number Destroy Image. Inactive Paper Active Total Media IzImport (OFR) (Off -sate, Vital? after (in office) Retention : Options M=Mfr OD or Mfr)S=Scan Imaged & QC'd? Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department" If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years,since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investigations sus end normal retention periods retention be ins after settlement . Accident, Incident, Injury Copies - Copus Human reports: EMPLOYEES When No Whert;No Mag, Copies retained for reference; Resources Includes associated MSDS Longer Langer Ppr GC §34090.7 (Material Safety Data Sheet), if Required Requited applicable Copies When. No Accident, Incident, Injury Copies - When No Mag, Copies retained for reference; City Clerk reports:- MEMBERS OF THE - - Longer LOrer_ - - - _ GC §34090.7 PUBLIC, City VEHICLES Required Required Copies - Accounts Payable, Invoices, Copies - All originals go to Finance Finance 1 Petty Cash, etc. When No When No Yes: Before Mag, (these are copies); GC Accounting Longer Longer Payment Ppr §34090.7 Includes all backup Required Required' Brown Act challenges must be filed within 30 or 90 days of action; Statute of Limitations on Lead Dept. Advertising (Legal) 2 years 2 years P g, pr Municipal Government actions is 3 - 6 months; CCP§337 et s. GC GC §§34090, 54960.1(c)(1) Brown Act challenges must be filed within 30 or 90 days of Mag, action; Statute of Limitations on Lead Dept. Affidavits of Publications ! 2 years 2 years Mfr, OD, Municipal Government actions Public Hearing Notices Ppr is 3 - 6 months; CGP §§337 et seq, 349.4; GC §§34090, 54960.1(c)(1) DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -2 Office of Classification Record OR File Number Records Description Retention I Disposition Destroy Comments t Reference (OFR) Image: Active Inactive Paper Total Media 1=Import (Off-site, vital? alter (in office) Retention Options M=Mfr OD or Mfr) Imaged 8 S=Scan QC. d? Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is com leted, and imply_a full file folder (e.g. last document + 2 years 1, since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/orinves8 ations sus end normal retention periods retention be ins aftersettlement). Copies - Copies- Mag' All agreements, service Lead Dept. Agenda Packets /Agenda Staff When No When No Mfr, OD, 5 Yes: After agreements, and contracts are Reports (City Council) Longer Longer 9 Ppr 10 years sent to the City Clerk; GC Required Required' §34090.7 Agreements & Contracts (ALL, including DDAs, OPAs, MOUS and MOAs) & Notices of Completion. All agreements, service Agreement or Contract agreements, and contracts are includes all contractual Copies - Copies - Mag, sent to the City Clerk; City Clerk obligations e. RFP, g When No When No Yes: Before Mfr, OD, S Yes: After Insurance Certificates are sent Specifications, , Successful Longer Longer' Completion Ppr Inactive to Risk Management, and Proposal/ Scope of Work, and Re q aired Required '. q Change Orders are maintained amendments) by the Lead Department; GC §34090.7 Notices of Completion and Change Orders are maintained by the Lead Department. DIAMOND BAR, CA 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-3 .L Office of Classification Record OR Records Description Retention I Disposition Comments f Reference File Number Destroy (OFR} Active Inactive {Off-site, Total Vital? Media Image. I=Import paper after (in office) OD or Mfr} Retention Options M=Mfr Imaged &S=Scan g QVd? ?tentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department" ff you are the OFR, refer to your department retention schedule. atentions be in when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by fife folder. igation, claims, complaints, audits and/or investi atw7ns sus end normal retention periods retention be ins after settlement . Covers E&O Statute of Limitations (insurance Agreements & Contracts: certificates are filed with ADMINISTRATIVE FILES - agreement); Published Audit Standards=4-7 years; Statute Lead Det P NOT funded by a grant (Correspondence, Project Completion 10 years :Completion +; Yes: Before Mag, Mfr, OD, S/l Yes: Upon Completio of Limitations: Contracts & -Project VArS Spec's=4 years, Wrongful Ppr n Death=comp. +, years, Schedules, Certified Payrolls, Developers=comp. + 10 years; Invoices, Logs, etc.} Statewide guidelines propose termination + 5 years; CCP §§336(a), 337 et. seq„ GC §34090 DIAMOND BAR, CA 02005 Gradwell Govemmentaf Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -4 Office of Classification Record OR File Number Records Description Retention 1 Disposition Destroy Comments !Reference Image: Inactive Paper (OFR) Active Total Media 1=Import (Off-site, Vital? after (in office) Retention Options M=Mfr OD or Mfr) Imaged & S=Scan QC'd? Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder e. . last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investigations sus end normal retention penods retention be ins after settlement . Some grant funding agencies require audits; Statute of Limitations for Errors & Omissions is 10 years; Published Audit Standards=4-7 10 ey ars or years; Statute of Limitations: _ - -- After - - -- --- - - - - Co, it, & Spec's=4 years, ADMINISTRATIVE FILES - Funding + 10 years or Wrongful Death=comp. + 5 Lead Dept. WITHrant funding 9 9 Agency After Funding Yes: Before Mag, Yes: Upon years, Developers -comp. + 10 (Correspondence, Project Completion Audit, if Agency Audit Completion Mfr, OD, SII Completio years; Statewide guidelines Administration, Project required, if required, Ppr n propose termination + 5 years; Schedules, Certified Payrolls, whichever is whichever is CCP §§336(a), 337 et, seq., 21 Invoices, Logs, etc.) longer longer CFR 1403.36 & 1403.42(b); 24 CFR 85.42, 91.105(h), 92.505, & 570.502(b), 28 CFR 66.42; 29 CFR 97,42; 40 CFR 31.42; 44 CFR 13.42; 45 CFR 92.42; OMB Circular A-133GC §34090 Agreements & Contracts: UNSUCCESSFUL BIDS or The RFP / RFQ and the RESPONSES to RFPs successful proposal becomes Lead Dept. (Request for Proposals) and/or 2 years 2 years Ppr p part of the agreement or RFQs (Request for contract (City Clerk is OFR); Qualifications) that don't result GC §34090 in a contract DIAMOND BAR, CA 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -5 Office of Classification Records Description Retention f Disposition Comments l Reference Record OR File Number image: Destroy Inactive Paper Active inial Media l=Import (OFR) Vital? (in office) (Off-site, Retention ; Options M=Mfr after OD or Mfr) S=Scan Imaged & QC'd7 Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department"- if you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document+ 2 years), since destruction is nonnally performed by file folder. Litigation, claims, complaints, audits and/orinvestigations sus end normal retention periods retention begins after settle ment . Audits / Audit Reports / CA FR - Copies - Copies - Finance ! Comprehensive Annual When No WhenNoMag, Copies; GC §34090.7 Accounting Financial Reports Longer Longer Ppr Required Required Bids: See Agreements & Contracts Boards and Committees: AUDIO RECORDINGS of 30 days or 30 days or City preference; State law only Meetings after Minutes after Minutes Tape requires for 30 days; Council Staffing Dept. are approved :are approved (Mag) Policy A-11 allows destruction (except Council and Planning (whichever is (whicheveris after 30 days; GC §54953.5(b) Commission - see City Clerk's longer) longer) and Planning's schedule) Boards, Commissions, & Committees Internal - Attended by employees: All Lead Dept. Records 2 years 2 years GC §34090 Pa9' p (e.g, Records Management Committee, In -House Task Forces, etc.) DIAMOND BAR, CA ©2005 Gladwell Govemmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3518 Adopted: Ver. 2.0 Office o Record (OFR) RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -6 �Iassification OR Records Description File Number I department that is the act is com letE faints aridik anrf/r Retention I Disposition Comments I Reference Destroy Inactive Image: Active {Off-site Ta;af Vital? Media 1=Import Paper (in office) Retention Options M=Mfr after OD or Mfr) Imaged & S=Scan QC'd? OFR , or the "Lead De artmen, 1 If YOU are the vFR, refer to Your department retention schedule. and irn lyohm a full tyle folder e. . last document + 2 ears), since destruction is normal)performed by file folder. investigations sus end norma1 rete f d DIAMOND BAR, CA ©2005 Gladwell Governmental Services. Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 retention be ins after settlement). 2 years Mag, Ppr Brown Act challenges must be filed within 30 or 90 days of action; GC §§34090, 54960.1(c)(1) Notes taken to facilitate the Mag' Yes: After writing of the minutes can be P' Yes Mfr, OD, S 10 years destroyed after minutes have Ppr been adopted; GC §34090 et seq. When No Longer Mag, Required Ppr Non -records Adopted: n ion eno s Boards, Commissions, & Committees: Citizens Advisory Formed by City COUNCIL AGENDAS,AGENDA Staffing Dept. PACKETS, NOTICES, 2 years ADVERTISING, etc. (except Council and Planning Commission - see City Clerk's and Planning's schedule) Boards, Commissions, & Committees: Citizens Advisory Staffing Dept. Formed by City COUNCIL p MINUTES & BYLAWS Boards, Commissions, & Committees: External Organizations When No Longer (e.g. County Board of Required Supervisors) Brochures: See Reference Manuals DIAMOND BAR, CA ©2005 Gladwell Governmental Services. Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 retention be ins after settlement). 2 years Mag, Ppr Brown Act challenges must be filed within 30 or 90 days of action; GC §§34090, 54960.1(c)(1) Notes taken to facilitate the Mag' Yes: After writing of the minutes can be P' Yes Mfr, OD, S 10 years destroyed after minutes have Ppr been adopted; GC §34090 et seq. When No Longer Mag, Required Ppr Non -records Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -7 Office of Classification Record OR File Number Records Description Retention f Disposition Destroy Comments I Reference Image: Inactive Paper (OFR) Active Tt1ta1 Media 1=Import (Off-site, vital? after (in office) Retention Options M=Mfr OD or Mfr) Imaged & S=Scan QC'd? Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department", Ifyou are the OFR, refer to your department retention schedule. Retentions be in when the act is completed, and imply a full file folder e.g. last document + 2 ears , since destruction is normal!y performed by file folder. Litigation, claims, compfaints, audits and/or investigations sus end normal retention periods retention be ins after settlement . Copies - copies - ' Mag, Final must be filed with County City Clerk Budgets - Finals When No WhenNo Yes: Current Mfr, OD, SII Yes: After Auditor; GC §34090.7, 40802, Longer Longer Fiscal Year Ppr 5 years 53901 Required Required. Copies - When: No Finance / Cash Receipts Detail / Backup Copies - When No Mag, All detail is sent to Cashier GC Accounting 9 I Accounts Receivable I Longer Longer Ppr §34090.7 Refunds I Recaps RequiredRequ <. -Copies- Copies- When No When No City Attorney is OFR for City Clerk Claims Longer Longer Yes: Before Mas' Mfr, OD, Slf Yes: After lawsuits; Risk Management Required Required: Settlement Ppr Settlement administrates claim; GC (Upon (Upon §§34090.7, 34090.6 Settlement) Settlement) City preference to be consistent with correspondence; Statute of Lead Complaints 1 Concerns from Limitations for personal (Responding) Citizens 1 Service Orders 2 years _.2 years Mag Ppr property, fraud, etc. is 3 years; Dept. (operational) Claims must be filed in 6 months; CCP §§338 et seq., 340 et Seq., 342, GC §§945.6, Copies - GC §34090 Contracts: See Agreements Copies - Copies or duplicates of any When No When No record Longer Longer Mag Ppr GC §34090.7 Required Required DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -8 Office of Classification Record OR File Number Records Description Retention I Disposition Destroy Comments t Reference Image: inactive Paper (OFR) Active Total Media 1=Import (Off-site, Vital? after (in office) Retention Options M=Mfr OD or Mfr) Imaged & S=Scan QC'd? Retentions apply to the department that is NOT the Once of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g- last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investigations sus end normal retention periods retention be ins aftersettlement . Correspondence - ROUTINE Dept. that (e.g. Administrative, Authors Chronological, General Files, 2 years 2 years Mag' GC §34090 Document Letters, Memorandums, Ppr Miscellaneous Reports, Reading, Working Files, etc.) Correspondence - TRANSITORY l PRELIMINARY DRAFTS, not retained in the ordinary course E-mails that have a material of business (e.g. calendars, impact on business are saved checklists, e-mail that does not When No When No: outside the e-mail system; If Lead Dept. have a material impact on the Longer .Longer Mag, not mentioned here, consult conduct of business, computer Required Required Ppr the City Attorney to determine sign-ups, logs, mailing lists, if a record is considered meeting room registrations, transitory / preliminary drafts. supply inventories, transmittal GC §34090, GC §6252 letters, thank yous, requests from other cities, undeliverable envelopes, voice mails, etc.) Copies - Copies - City Ci Clerk Deeds and Easements All (All) When No When No Mag, GC §34090.7 Longer Longer Ppr Required Required DIAMOND BAR, CA @2005 Gladweli Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver, 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -9 Office of Classification Records Description Retention 1 Disposition Comments f Reference Record OR File Number Image: Destroy Active Inactive Tata! Media 1=Import Paper (OFR) (Off-site, vital? after (in office) Retention Options M=Mfr OD or Mfr) Imaged & S=Scan CIC'd? Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". if you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e - g- last document + 2 years), since destruction is normaj!X Eerformed by file folder. Litigation, claims, complaints, audits and/or investigations sus end normal retention peraliods retention be ins after settlement . As long as the drafts and notes are not retained in the "Regular Drafts & Notes: Drafts that are When No When:No Mag, Course of Business". Consult Lead Dept. revised (retain final version) Longer Required Longer. ;Required Ppr the City Attorney to determine if a record is considered a draft. GC §34090, GC §6252 Department Preference (Preliminary documents); the Lead Department should print Information GIS Database l Data I Layers When When.. out historical documents (or Systems (both City-wide and Superseded Superseded: Yes Mag save source data) prior to Specialized) replacing the data, if they require the data or output; GC 2.years. §60200, 60209 et seq. Lead Dept. Grants (UNSUCCESSFUL 2 years Mag' GC §34090 Applications, Correspondence) Ppr DIAMOND BAR, CA 02005 Gladwell Governmental Services, Inc, - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -10 Office of Classification Record OR File Number Records Description Retention 1 Disposition Destroy Comments I Reference Inactive Image: paper (OFR) Active Total Media 1=Import (Off-site, Vital? after (in office) Retention ' Options M=Mfr OD or Mfr) Imaged & S=Scan QC'd7 Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder e.g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits andlor investigations sus end nom7al retention periods retention be ins after settlement . Meets auditing standards; Grants covered by a Consolidated Action Plan are Grants / Reimbursable Claims 1 required for 5 years; uniform Subventions (SUCCESSFUL Admin. Requirements for Reports other records required After Grants to Local Governments to pass the funding agency's Funding After Funding r 3 years from expenditure audit, if required) Agency g y Agency Audi g y t report or final payment of Lead Dept. 2 years Audit, if if requited - Ma grantee or subgrantee; g g Applications (successful), program Required - q Minimum 5. Ppr r statewide guidelines propose 4 rules, regulations & procedures, Minimum 5 years years; 7 CFR 3016.42; 21 CFR reports to grant funding agencies, years 6 & 1403.36 8 7403.42{b); 24 CFR 2(b); 2 correspondence, audit records, 85.42, 05 tt , , 8 ( ) completion records 570.502(b), 28 CFR 66.42; 29 CFR 97,42; 40 CFR 31.42; 44 CFR 13.42; 45 CFR 92.42; OMB Circular A-133; GC §34090 Send all grievances to Human Resources; All State and Human Grievances and Informal Upon Upon Yes: Before Mag, Federal laws require retention Resources Complaints (Employees) -ALL Disposition Disposition Disposition Ppr until final disposition of formal complaint; State requires 2 years after action is taken; GC §§12946,34090 DIAMOND BAR, CA 02005 Cadwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -91 Office of Classification Record OR File Number Records Description Retention t Disposition Destroy Comments t Reference (OFR) Image: Inactive Paper Active Total Media 1=Import (Off-site, (in office) Retention vital? Options M=Mfr after OD or Mfr) Imaged & S=Scan QC'd? Retentions a 1 to the de artment that is NOT the Office of Record OFR , or the "Lead De artment". If ou are the OFR, refer to our de department retention schedule. Retentions begin when the act is completed, and imply a full fife folder (e.g. last document + 2 years), since destruction is normally erformed by file folder. Litigation, claims, complaints, audits andlor investigations sus end normal retention periods retention be ins after settlement . Copies - Copies - Human Injury reports: EMPLOYEES When No When No Mag, Copies retained for reference; Resources Longer Longer Ppr GC §34090.7 Required Required; Copies - Copies - City Clerk Insurance Certificates (for When No When No - Mag, All originals are sent to City Contracts, Vendors, etc.) Longer Loriger Ppr Clerk; GC §34090.7 Required Required Copies >- Copies - When No When No Mag' City Attorney is OFR for City Clerk Lawsuits, Litigation, Pending Longer Longer Yes: Before Mfr, OD, Sli Yes: After lawsuits; Risk Mana ement g Litigation Required Required Settlement P r p Settlement administrates claim; GC (Upon (Upon §§34090.7, 34090.6 Settlement) Settlement) Previous MSDS may be obtained from a service; MSDS Material Data Safety Sheet may be destroved as Iona as a record of the chemical/ (MSDS) / Chemical Use Report While while Mag, Lead Dept. Form (or records of the Material is in Material is in Mfr, OD, S Yes (after substance 1 agent, where & - chemical !substance /agent, Use Use Ppr inactive) when it was used is where & when it was used) maintained for 30 years; Applies to qualified employers; 8 CCR 3204(d)(1)(A) et seq, Copies - (13)(2 and 3) Copies - City Clerk Minutes - City Council When No When No Yes (all) Mag, Mfr, OD, S No Originals maintained by City Clerk Permanently; GC Longer Lunger Required Required Ppr §34090.7 DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -12 Office of Classification City Copies - Record OR Records Description Retention !Disposition Comments I Reference File Number Destroy (OFR) Inactive Image: paper Active Total Media 1=Import Original MM OD, I (Off-site (in office) -Mfr) Retention ; Vital? Options M=Mfr after Mag, Required Vhert No OD Mit) Imaged 8 Publications When No S=Scan QC'd? Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead De artment': If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Liti ation, claims, complaints, audits and/orinvestigations suspend normal retention periods retention be ins after settlement)- ettlement . City Clerk Municipal Code (these are copies) Lead Dept. l INewspaper Clippings Copies - Copies - When No When No ' Yes: Current Longer Lodger Original MM OD, I Required Mag, Required Vhert No Ppr Publications When No Copies Ppr Longer Longer Ppr Required Required City Clerk Ordinances -City Council DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Return any whole unused No codes to the City Clerk; Originals maintained by City Clerk Permanently; GC §34090 Non -records - may be obtained from the newspaper company; GC §34090 Statute of Limitations on Municipal Government actions is 3 - 6 months; CCP§337 et seq; GC §34090 No Originals maintained by City Clerk Permanently; GC §34090 E=nsure records kept in Department files comply with City policy (all originals are sent to Human Resources, only the Supervisor's file is maintained in departments); GC §34090.7 Adopted: Notices: Public Hearing Staffing Dept. Notices and Proofs of 2 years 2.years . Mag, Publications Copies Ppr Copies - City Clerk Ordinances -City Council When No When No Yes (all) Mag, Mfr, OD, S Longer Long Longer 9 Required Required Upon Ppr' Upon Human Resources Personnel Files Separation, Send to Separation,- Send to Before Mag, Human Human Separation Ppr Resources Resources . DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Return any whole unused No codes to the City Clerk; Originals maintained by City Clerk Permanently; GC §34090 Non -records - may be obtained from the newspaper company; GC §34090 Statute of Limitations on Municipal Government actions is 3 - 6 months; CCP§337 et seq; GC §34090 No Originals maintained by City Clerk Permanently; GC §34090 E=nsure records kept in Department files comply with City policy (all originals are sent to Human Resources, only the Supervisor's file is maintained in departments); GC §34090.7 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -13 Office of Classification Record OR File Number Records Description Retention !Disposition Destroy Comments !Reference (OFR) Enactive Image: paper Active iotaI Media 1=Import (Off-site, Vital? after (in office) -Retention ; Options M=Mfr OD or Mfr) Imaged & S=Scan QC'd? Retentions apply to the department that is NOT the Office of Record (OFR), or the "Lead Department", if you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and imply a full file folder e. . last document + 2 years), since destruction is norma!!y performed by file folder. Litigation, claims, complaints, audits and/or investigations suspend normal retention periods retention be ins after settlement). Before Nates maintained in a separate Lead Dept. Personnel Files (Supervisor's When No When No Annual Mag, folder to be incorporated into P Notes) Longer Longer Ppr performance evaluation, or to Required Required .Performance Evaluation document progressive 2 years discipline; GC §34090 et seq. LeadDept-- — - PersonnetWork Schedules 2 years GC §34090 Ppr Mag, Lead Dept. Press Releases 2 years 2 years Mfr, OD, GC §34090 Copies - Ppr Copies - GC §34090.7 Finance 1 Purchasing purchase Orders /Requisitions When No When No Yes: Before Mag, Longer 'Longer Completion Ppr Required Required Lead Dept, Real Estate Appraisal Reports: Not accessible to the public; (Who Ordered Property NOT purchased, 2 years 2:years pP�' Statewide Guidelines show 2 the Appraisal) Loans not funded, etc. years; GC §§34090, 6254(h) Not accessible to the public When Na . When Na until purchase has been Lead Dept. Real Estate Appraisal Reports: Longer Longer Mag, completed; meets grant (Who Ordered Purchased Property, Funded 2 years Required - Required - Yes: Before Mfr, OD, S Yes: After auditing requirements; 24 CFR the Appraisal) Loans Minimum 3 Minimum 5: purchase Ppr Enactive 85.42 & 91.105(h), & years years 570.502(b); 29 CFR 97.42, GC §34090 DIAMOND BAR, CA 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted. Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -14 Office of Classification Record OR File Number Records Description Retention !Disposition Destroy Comments /Reference OFR (OFR) Inactive !mage: Paper Active Total Media 1=Import (Off-site, after (in office) Retention.....vital? OtionM=Mf OD or Mfr)ps r Imaged & S=Scan QC'd7 Retentions a ! to the department that is NOT the Office of Record OFR , or the "Lead De artment". If ou are the OFR, refer to our department retention schedule. Retentions begin when the act is completed, and imply a full file folder e. g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investigations suspend nominal retention periods retention he ins after settlement). Records Destruction Lists / Copies - Copies ClerkCertificate of Records When No Where, No Mag, GC §34090.7 Destruction Longer Langer. Ppr Required Required When No Reference Materials: When No Brochures, Manuals, Policies, Longer Longer. guidelines propose Lead Dept. Procedures & Reports: Required - Required - Mag,Statewide superseded + 2 or 5 years; GC P_ roduced by YOUR Minimum Z Minimum 2 P §34090 Department years years Reference Materials Brochures, Manuals, Policies, Lead Dept. Procedures & Reports: When Superseded When Superseded Mag, Ppr Copies; GC §34090.7 Produced by OTHER Departments Reference Materials: Brochures, Manuals, Policies, Procedures & Reports: When No I..Required When No Produced by OUTSIDE Langer Longer fpr' Non -Records ORGANIZATIONS (League of Required California Cities, Chamber of Commerce, etc.) Reference or Working Files: See Correspondence Reports and Studies Mag Administratively and Lead Dept. (Historically significant - e.g., 10 years P P Mfr, OD, S/l Yes: After Historically significant, Zoning Studies) Ppr 10 years therefore retained permanently; GC §34090 DIAMOND BAR, CA 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -15 )ffice of Classificatioi Record I OR � File Number (OFR) to the de artmt when the act is ._.� r'n�nnlainfe ala Records Description Retention 1 Disposition Comments t Reference Image: Destroy Active Inactive Total Media 1=Import Paper (in office) (Off-site, Vital? after OD or Mfr) Retention Options M=Mfr Imaged & S=Scan g QC'd? is NOT the Office of Record (OFR), or the "Lead Department'. if you are the OFR, refer to your department retention schedule. ?ted, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. I/or investigations sus end normal retention enods retention begins after settlement). 10 years Reports and Studies.(other Lead Dept. Ppr than Historically significant 10 years reports - e.g. Annual Reports) Maw Longer Yes (all) Mfr, OD, Copies - Required City CierhResolutions — — — — — -LTi y i✓ouncft Men Ne - — When; No Longer Longer Ppr Required :Required Lead Dept. p Speaker Cards (submitted at When No Longer public meetings) Required Lead Dept. Special Event Permits Expiration + I 4 years 10 years Mag, Ppr Copies - —MerrNe — - ---- Maw Longer Yes (all) Mfr, OD, S Required Ppr When; No Longer Ppr :Required xpiration .+4 Yes: During Mag, years Class or Ppr Program Information is outdated after 10 years; statewide guidelines propose 2 years; If historically significant, retain permanently; GC §34090 Originals_maintained by City No Clerk Permanently; GC §34090.7 Transitory records not retained in the ordinary course of business (used to accurately produce minutes); GC §34090 et seq. Department Preference; Statute of Limitations any "...liability founded upon an instrument In writing" or not specifically provided for is 4 years; CCP §§ 337 et seq.; GC DIAMOND BAR, CA 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver, 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW -16 Office of Classification Record OR Records Description Retention l Disposition Comments l Reference File Number Destroy (OFR) Image-, Inactive Paper Active Total Media 1=Import (in office) (Off-site, Retention ` Vital? Options M=Mfr after OD or Mfr) imaged & S=Scan QC'd? Retentions a 1 to the department that is NOT the Office of Record (OFR), or the "Lead Department". If you are the OFR, refer to your department retention schedule. Retentions begin when the act is completed, and impfy a fufl file folder (e.g. last document + 2 years). since destruction is normally erformed by file folder. Litigation, claims, complaints, audits and/orinvestigations suspend normal retention eriods(retention be ins aftersettlement). Surveys l Questionnaires (that the City issues). If a summary of the data is compiled, the Lead Dept, survey forms are considered a 2 years 2 years PPS' GC §34090 draft or transitory record, and can be destroyed Copies - When No Longer Required, Tapes: See Boards & Commissions As long as they are not Lead Dept. p Telephone Messages / Voice When No Longer When Longer retained in the "Regular Course of Business". Consult the City Mail Required Required Ppr Attorney to determine if a record is considered a draft. GC §34090, GC §6252 Overtime slips and vacation Time Sheets / Time Cards Copies - Copies - requests are considered Finance / WITH employee signatures When No When No Mag, preliminary / transitory Payroll Y Longer Longer Ppr documents not retained in the Required Required' ordinary course of business (the time card is the final document); GC §34090.7 DIAMOND BAR, CA 02005 GladwelJ Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY-WIDE STANDARDS Page CW-17 Office of Classification Record OR Records Description Retention l Disposition Comments f Reference File Number Destroy (OFR) Inactive Image: paper Active (Off-site Total Vital? Media 1=Import after (in office) OD or Mfr) Retentlon Options M=Mfr Ima ed & g S=Scan QC'd7 Retentions apply to the department that is NOT the Office of Record OFR , or the "Lead De ailment". !f ou are the OFR, refer to our de artmenf retention schedule. Retentions begin when the act is completed, and imply a full file folder e.. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investigations suspend normal retention periods retention be ins after settlement). Statewide guidelines propose 7 years; Calif. Labor Division is required to keep their OSHA records 7 years; Training (Attendance Rosters, Mag EEOCIFLSAIADEA (Age) Lead Dept. Outlines and Materials; 2 years 5 years 7 years Mfr, OD, S Yes: When requires 3 years for promotion, includes safety training) Inactive demotion, transfer, selection, or discharge; State Law requires 2 -3 years; 29 CFR 1627.3(b)(ii), 8 CCR §3204(d)(1) et seq., GC §§12946,34090 DIAMOND BAR, CA 02005 Gladweil Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM -1 Office of Classification Record OR File Number Records Description Retention 1 Disposition Inactive Image: Destroy Comments t Reference (OFR) Active Total Media 1=1m ort Pa er after (Off-site, Vital? (in office) Retention Options M=Mfr Imaged & OD or Mfr) S=Scan QC'd? If the record is not listed here refer to the Retention for City -Wide Standards Retentions be in when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normallyperformed by file folder. Lifiriation. claims complaints audits andlor investigations sus end normal retention periods retention be ins after settlement). CITY COUNCIL When No When No Longer Longer City Council City Council Correspondence Required - I Required - Mag, Ppr Department Preference; GC Minimum 2 Minimum 2 §34090 ears Vears CITY MANAGER Subcommittees can not take City Council bcomm bees action - all recommendations go 2 years Mag, Ppr Cft_y Manager comprised solely of Council 2 years to the full Council; Brown Act Members (Ali records) challenges must be filed within 30 or 90 days of action; GC 2 years §§34090, 54960.1(c)(1) City Manager City Manager Reports to Council 2 years Mag, Ppr Department Preference; GC When No Longer §34090 City Speeches When No Longer Mag, Mfr, Notes, drafts, or preliminary Manager Required Required When No OD, Ppr documents; GC §34090 et seq. Subject Files / Projects & Issues When No City (Issues and/or projects will vary Longer Longer Yes: While Manager over time - e.g. Hotels, Required - Required - Active Mag, Ppr GC §34090 Developments, etc.) Minimum 2 Minimum 2 Issues ears years DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -1 Office of Classification Record OR File Number Records Description Retention t Disposition Image: Destroy Comments 1 Reference (OFR) Active Inactive 1 >' Total. Media 1=Import Paper after Vital? (in office) CD or Mfr :'Retention' Options M=Mfr Imaged & S=Scan QC'd7 If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imp!X imp!a full file folder fe. g. last document + 2 years), since destruction is normal!y performed by file folder. Litigation, claims, complaints and/or federal investigations suspend normal retention pefiods retention be ins after settlement . City Clerk Abandonments I Vacations P P Yes (all) Mag, Mfr, S Yes: After 2 GC §34090 et seq. (Streets) OD, Ppr years Accident, Incident, Injury reports. City Clerk MEMBERS OF THE PUBLIC 2 years 2. years Yes Mag, Ppr GC §34090 (that do not result in a claim) - - - — Agenda Packets Mag. Mfr, Yes: After 2 Department Preference (agenda City Clerk C60 5 years P P OD, Ppr S years packets were not saved prior to 1996); GC §34090 et seq. DIAMOND BAR, CA. 02005 Gladwell Govemmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -2 Office of Classification Record OR File Number Records Description Retention t Disposition Image: Destroy Comments I Reference (OFR) Active Inactive I Total Vital? Media 1=Import Paper after (in office) CD or Mfr Retention Options M=Mfr Imaged & S=Scan QC'd? tf the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is com feted, and imply a full file folder e. g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints and/or federal investigations suspend normal retention periods retention be ins after settlement). Agreements & Contracts - ALL Infrastructure, DDAs, OPAs, and MOUs and MOAs Agreement or Contract includes all contractual obligations (e.g. RFP, - --- - -Specifications, 31 1ccessf,l - - -- -- -- - - - -Department Preference; All - - Proposal / Scope of Work, infrastructure, JPAs, & Mutual Aid and Amendments contracts should be permanent for emergency preparedness; Change Orders and Notices of Yes: Before Mag, Mfr, Yes: Upon Statute of Limitations is 4 years; City Clerk Completion are maintained tr p Y Completion P P Completion OD, Ppr S Completion 10 years for Errors & Omissions; the Lead Department. land records are permanent by law; CCP §§337. 337.1(a), §34090, Examples of Infrastructure: p Contra, or h s r Contractor has retention Architects, Buildings, bridges, requirements in 48 CFR 4.703 covenants, development, park improvements, property restrictions, reservoirs, sewers, sidewalks, street & alley improvements, utilities, water, etc. DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -3 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Number Image: Destroy (OFR) Active Inactive t Total Media 1=Import Paper after Vital? (in office) CD or Mfr Retention Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e - g- last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complain andlor federal investigations suspend normal retention periods retention be ins after settlement). Agreements & Contracts - ALL Non -Infrastructure Agreement or Contract includes all contractual obligations (e.g. Covers E&O Statute of RFP, Specifications, Limitations; Published Audit Successful Proposal / Scope Standards=4-7 years; Statute of Work and Amendments___ Limitations: Contracts & Spec's=4 Yes: Upon years, rong u ea =comp. + -of Completion Yes: Before Mag, Mfr, S/l City Clerk Change Orders and Notices of Completion 10 years 10 years Completion OD, Ppr Completion + years, Developers=comp. 10 Completion are maintained by years; Statewide guidelines the Lead Department propose termination + 5 years; CCP §§336(a), 337 et. seq., GC Examples of MON- §34090 Infrastructure: Consulting, paving, painting, professional services, slurry seals, etc. P City Clerk Annexations I Boundaries I 5 Years P Mag, Mfr, S ! I Yes Land Records; GC §34090 Consolidations I LAFCC OD Ppr Assessment I Maintenance 1 Department Preference; Landscape &Lighting /Street Mag, Mfr, Diagrams and Drawings are City Clerk Improvement District Projects - 5 years P P OD, Ppr S / I Yes maintained by Engineering, GC Formation Documents (e.g. §34090 roads, sewer, etc.) Department Preference; State law City Clerk Audio Recordings of Council 2 years 2 years Mag only requires for 30 days; GC Meetings §54953.5(b) DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2,0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -4 Office of Classification Record OR Records Description Retention t Disposition Comments I Reference 71 File Number Image: Destroy (OFR) Active Inactive t - Total" vital? Media i!=Import Paper after 'Retention (in office) CD or Mfr , Options M=Mfr Imaged & S=Scan QC'd7 if the record is not listed here, refer to the Retention for City -Wide Standards Retentions be in when the act is com feted, and imply a full rile folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complain and/or federal investigations suspend normal retention periods retention be ins after settlement . Department preference, Statute of Limitations: Public official Boards, Commissions & Term of Term of misconduct is discovery of City Clerk Committees -APPLICATIONS: Office + 4 Office:+ 4 Mag, Ppr offense + 4 years, Statewide APPOINTED years years guidelines propose Appointment + 5 years, GC §34090; PC §§801.5, 803c Boards, Commissions & City Clerk GC §34090 at seq. Committees - APPLICATIONS: 2 years 2 years Mag, Ppr UNSUCCESSFUL Department Preference; Covers City Clerk Claims Resolution Resolution Resolution + Yes: Until Mag, Mfr, S Yes: After various statute of limitations; CCP 5 ears Y 5 ears Y Resolution OD, Ppr P Settled 337 et se GC 911.2, 945, §§ q•. §§ 34090, 34090.6; PC §832.5 Department Preference; meets municipal government auditing City Clerk Claims Adjustment Reports 5 years 5 years Yes: Until Mag, Mfr, S Yes: After standards and covers various Settlement OD, Ppr Settled statute of limitations; CCP §§ 337 at seq.; GC §§ 911.2, 945, 34090, 2 years 34090.6; PC §832.5 City Clerk Committee Rosters 1 Maddy Act 2 years Mag, Ppr GC §34090 List P City Clerk Deeds 2 years P Mag, Mfr, SO I No GC §34090 OD, Ppr DIAMOND BAR, CA. 02005 Gladweil Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -5 Office of Classification Records Description Retention i Disposition Comments 1 Reference 71 Record OR File Number Image: Destroy (OFR) Active Inactive I Total Media 1=Import Paper after Vitale? (in office) CD or Mfr Retention .:: Options M=Mfr Imaged & S=Scan QC'd? if the record is not listed here, refer to the Retention for Ci -ode Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Liti ation, ciaims, corn taints and/or federal investigations suspend normal retention perfiods retention be ins after softlement . City Clerk Easements 2 years P P Mag, Mfr, OD, Ppr Sit No GC §34090 Economic Interest Filings (FPPC 700 Series Forms - Statement of City Clerk Economic Interests): 2 Years 5 years T years Mag, Mfr, S After 2 years City maintains original DESIGNATED EMPLOYEES OD, Ppr statements; GC §81009(e)(g) (specified in the City's Conflict of Interest code) Economic Interest Filings (FPPC 700 Series Forms - Statement of Economic Interests): PUBLIC Department Preference; City City Clerk OFFICIALS (elected & not 4 years 4 years Mag, Mfr, S After 2 years maintains copies only; original elected. Includes City Council OD, Ppr statements are filed with FPPC; Members, Planning Commission GC §81009(t)(g) Members, City Manager, City Treasurer & City Attorney) 5 years. City Clerk Economic Interest Filings (FPPC 2 years 3 years Mag, Mfr, S After 2 years 2 CCR 18615(d) Form 635) - Lobbyist Reporting OD, Ppr DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -6 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Dumber Image: Destroy Active Inactive I Total Media 1=Import Paper after (OFR} (in office) CD or Mfr Retention Vital? Options M=Mfr Imaged & S=Sean QC'd? if the record is not listed here, refer to the Retention for Ci -ode Standards Retentions be in when the act is com feted, and imply a full file folder (e.g. last document + 2 years), since destruction is normallyperfbnned by file folder. Litigation, claims, complaints and/or federal investigations suspend normal retention periods retention begins after settlement). ELECTIONS - CONSOLIDATED Paper must be retained for at Campaign Filings (FPPC 400 Mfr, OD, least 2 years; City Clerk Series Forms): SUCCESSFUL 2 years P P Ppr S After 2 years CCP§583.320(a)(3); GC CANDIDATES (Elected Officials) §81009(b)(g) Campaign Filings (FPPC 400 City Clerk Series Forms): 5 years 5 years Mfr, OD, S After 2 years Paper must be retained for at UNSUCCESSFUL Ppr least 2 years; GC §81009(b)(g) Campaign Filings (FPPC 400 City Clerk Series Forms): THOSE NOT 4 years 4 years Mfr, OD, S After 2 years Paper must be retained for at REQUIRED TO FILE ORIGINAL Ppr least 2 years; GC §81009(b)(g) WITH City CLERK (copies) Campaign Filings (FPPC 400 City Clerk Series Forms): OTHER 7 years 7 years Mfr, OD, S After 2 years Paper must be retained for at COMMITTEES (PACS - not Ppr least 2 years; GC §81009(c)(g) candidate -controlled) Department Preference; Statewide guidelines proposes 4 Candidate File: Nomination of Term 0 years for successful candidates, 2 City Clerk Papers, Candidate Statements, Offce+ 4 Office O +4 Mag, Mfr, years for unsuccessful; CA law etc. - SUCCESSFUL OD, Ppr states term of office and 4 years CANDIDATES years years after the expiration of term and does not delineate between the two; EC §17100 DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -7 Office of Classification Records Description Retention 1 Disposition Comments ! Reference Record OR File Number Image: Destroy (OFR) Active Inactive I Total Vital? Media I=Import Paper after (in office) CD or Mfr Retention '. Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g- last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints and/or federal investigations suspend normal retention perriods retention be ins after settlement . Statewide guidelines proposes 4 Candidate File: Nomination years for successful candidates, 2 Papers, Candidate Statements, Election + 4 'Election t 4 Mag, Mfr, years for unsuccessful; CA law City Clerk etc. - UNSUCCESSFUL years years OD, Ppr states term of office and 4 years CANDIDATES after the expiration of term and does not delineate between the two; EC §17100 Elections - GENERAL, WORKING or ADMINISTRATION Files Used for a model for the next City Clerk (Correspondence, Precinct 2 years 2 years Mag, Ppr election, GC §34090 Maps, County Election Services, Candidate Statements to be printed in the Sample Ballot, etc.) Elections - HISTORICAL File (Sample ballot, Certificate of Mag, Mfr, Retained for Historical Value, GC City Clerk Elections, all Resolutions - 4 years P P OD, Ppr S No §34090 calling the election, canvass, etc., election summary) Not accessible to the public; the 8 month retention applies after City Clerk Elections - Petitions (Initiative, 8 mo. 8 mo.. Ppr election results, or final Recall or Referendum) examination if no election. Applies unless a legal/FPPC proceeding. EC §§17200, 17400 ELECTIONS - STAND-ALONE use in conjunction with Consolidated elections ... records series are not repeated) DIAMOND BAR, CA. ©2005 Cadwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -8 Office of Classification Record OR File Number Records Description Retention 1 Disposition Image: Destroy Comments 1 Reference (OFR) Active Inactive! Total Vital? Media 1=Import Paperafter (in office) CD or Mfr Retention Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e,g. last document + 2 years), since destruction is normally erformed by file folder. Litigation, claims, complaints and/or federal investigations suspend normal retention enods retention be ins after settlement). City Clerk Absentee Applications, Roster of 6 mo. 6 mo, Ppr EC §17505 Absentee Applications 6 mo, City Clerk Absentee Identification 6 mo. Ppr EC §17302 Envelopes 1: year City Clerk Annexation Petitions, Protests 1 year Ppr Law requires 1 year for petitions; and Withdrawals GC §50115 Department preference to be consistent with other types of City Clerk Assessment District Ballots - 6 mo. 6 mo. Ppr ballots; Statewide guidelines Prop. 218 proceedings propose permanent; EC §§ 17302, 17306; CA Constitution 6 ma 6 mo: 6 mo; Art. XIII City Clerk Ballots - After Election 6 mo. Ppr EC §17302 City Clerk Ballots - After Recount 6 mo. Ppr EC §17306 City Clerk Challenged & Assisted Voters 6 mo. Ppr If uncontested, EC §17304 List 6 mo. 6 mo. 5 years City Clerk Inspector Receipts for Ballots 6 mo. Ppr EC 17302, 17306 City Clerk Precinct Officer Appointments 6 mo. Ppr EC §17503 City Clerk Roster of Voters 5 years Mag' Mfr' EC §17300 6 mo.. 6 mo. OD, Ppr City Clerk Tally Sheets 6 mo. Ppr EC §17304 City Clerk Voter Index Copies used as the 6 mo. Ppr EC §17304 Voting Record at Palling Places 5 years I City Clerk 1 IVoter Index Ori inal 5 ears I Ppr I I EC §17001 End of Elections Section DIAMOND BAR, CA. ©2005 Gladwel[ Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -9 Office of Classification Record OR Records Description Retention l Disposition Comments 1 Reference File Number Image: Destroy (OFR) ActiveInactive 1 Total Vital? Media 1=Impart Paper after (in office)CD or Mfr Retention Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder e. . last document + 2 years)- since destruction is normal!y performed by file folder. Litigation, claims, complaints and/or federal investigations suspend normal retention periods retention be ins after settlement). City Clerk determines historical significance; records can address City Clerk Historical Records (e.g. P Mag, Mfr, a variety of subjects and media. Incorporation, City Seal, etc.) P OD, Ppr S No Some media (e.g. audio and video tape) may be limited because of the media's life expectancy; GC §34090 Longest Statute of Limitations is 10 years; Conforms with City Clerk Insurance Certificates (for 11 years 11 years Yes: Before Mag Mfr, S Yes: After Agreement Retention (usually Contracts, Vendors, etc.) Completion OD, Ppr Inactive filed with agreement); statewide guidelines propose permanent; CCP §337 et seq.; GC §34090 Insurance Policies & Certificates City Clerk (City -owned): Liabifity (General P P Yes: Before Mag, Mfr, S Yes: After For protection from litigation; GC & Public), Workers Expiration OD, Ppr Expiration §34090 Compensation, Property P City Ci Clerk Land and Property Approved by Councif (Recorded Documents) 2 years P Mag, Mfr, OD Ppr S / f No GC §34090 Department Preference; Covers City Clerk Lawsuits 1 Litigation Resolution Resolution ResolutionYes: Until Mag, Mfr, S Yes: After various statute of limitations; CCP + 5 years + 5 years Resolution OD, Ppr Settled §§ 337 et seq.; GC §§ 911.2, 945, 34090, 34090.6; PC §832.5 DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -'!0 Office of Classification Record OR File Number Records Description Retention !Disposition Image: Destroy Comments !Reference (OFR) Active Inactive! 7otaf. Media 1=Import Paper after Vttal7 (in office) CD or Mfr :.:Retention Options Alf=Mfr Imaged 8 S=Scan (1C'd? If the record is not listed here, refer to the Retention for Cit -wde Standards Retentions begin when the act is com leted, and im ly a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complain and/or federal investigations suspend normal retention penods retention be ins after settlement). City Clerk Minutes (City Council, Redevelopment & PFA) 10 years P P' . 2.years P Yes (all) Mag, Mfr, OD, Ppr S No GC 34090 § City Clerk Municipal Code Administration, Distribution, etc. 2 years Mag, Ppr GC § 34090 City Clerk Municipal Code and History File P Mag, Mfr, _T (always retain 1 supplement) OD, Ppr S No GC 34090 § Department Preferences; Statute of Limitations: Public official misconduct is discovery of City Clerk Oaths of Office: Boards and Commission Members, Elected P P Mag, Mfr, S Yes: When offense + 4 years, retirement and Appointed Officials OD, Ppr p Inactive benefits is 6 years from last action; statewide guidelines propose Termination + 6 years; GC §§36507, 34090; PC §§801.5, P 803(c); 29 LISC 1113 City Clerk Ordinances (City Council) P Yes (all) Mag, Mfr, S No GC §34090 et. seq. OD, Ppr Petitions (submitted to Council Ci City Clerk on any subject. Also see 1 year 1 Ppr Not related to elections; Law Elections for Initiative, Recall or year requires 1 year for petitions; GC Referendum) 2 years §50115 City Clerk Proclamations 2 years Mag, Ppr GC §34090 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC -11 Office of Classification Records Description Retention I Disposition Comments 1 Reference Record OR File Number Image: Destroy (OFR) Active Inactive Total Media 1=Import Paperafter Vital? (in office) CD or Mfr Retention_ Options M=Mfr Imaged & S=Scan QC'd? if the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints andlor federal investigations sus end normal retention perdiods retention be ins after settlement). Records Destruction Lists / Mag, Mfr, Yes: After Department Preference; GC City Clerk Certificates of Records 10 years P P OD, Ppr S Inactive §34090 et. seq. Destruction P City Clerk Records Retention Schedules 10 years P Mag, Mfr, OD, Ppr S Yes: After Inactive GC §34090 et. seq. Yes: Before Mag, Mfr, Yes: After City Clerk --- - - - Redevelopment Plan 10 ears - _ P _ P Purchase or SGC §34090 P Sale 'JU ' City Clerk Resolutions (City Council, P Yes (all) Mag' Mfr' S No GC §34090 et. seq, Redevelopment & PFA) OD, Ppr DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver, 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR -1 Office of Classification Records Description Retention t Disposition Comments 1 Reference Record OR File Number Image: Destroy Inactive (OFR} Active Total Media 1=Import Paper after (Off-site, Vital? (in office) Retention Options M=Mfr Imaged & OD or Mfr) S=Scan QC'd7 ff the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder fe,g. last document + 2years),since destruction is normally performed by file folder Liti ation, claims, complain s, audits and/or investigations sus end normal retention periods retention be ins after setftement . Department Preference; No positions open; therefore not deemed to be an applicant, nor Human Applications for Employment or When No When No part of City recruitment Resources Resumes: Unsolicited (no open Longer Longer Ppr practices; considered a position) Required Required transitory record not materially impacting the conduct of the public's business; 2 CCR (3)(c), 2 CCR 7287.0(b)(1), GC §34090 EEOC 1 ADEA (Age) requires 1 year after benefit pian Human Benefit Pians (Health, Dental, Plan Termination Plan Termination Mag, Mfr, S / I No termination, State Law requires Resources Pension, etc.) + 2 years + 2 years OD Ppr 2 years after action; 29 CFR 1627.3(b)(2); GC §§12946, Plan 34090 Human Plan Yes: During Retained to cover auditing Resources Deferred Compensation Plan Termination Termination Service Mag, Ppr standards; GC §34090 + 2 years + 2 years All State and Federal laws require retention until final Human Department of Fair Employment & Final Final disposition of formal complaint; Resources Housing (DFEH or EEOC) Claims Disposition + Disposition Mag, Ppr State requires 2 years after that are resolved administratively 5 years 5 years action is taken; GC §§12946, 34090 CHP audits every 2 years, Bureau of National Affairs Human DMV hull Notices When When Mag, Ppr recommends 2 years for all Resources Superseded Superseded supplementary Personnel records; GC §34090 DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR -2 Office of Classification Records Description Retention !Disposition Comments !Reference Record OR File Number Image: Destroy Inactive (OFR) Active Total Media ]=Import Paperafter (Off-site, Vital? (in office) Retention Options M=Mfr Imaged & OD or Mfr) S=Scan QC'd? If the record is not listed here refer to the Retention for City -Wide Standards Retentions begin when the act is com leted and imply a full frle folder (e.q. last document + 2 years), since destruction is normal! erformed by file folder. Litt ation, claims complain saudits and/or investigations sus end normal retention periiods retention be ins after settlement . D.O.T. Requires 5 years for positive tests, 1 year for negative tests; EEOC 1 FLSA I Human Drug and Alcohol Testing 1 D.O.T 5 years 5 years Mag, Ppr AREA (Age) requires 3 years Resources files (All) physical examinations; State Law requires 2 years; 29 CFR 1627.3(b)(v), GC §§12946, 34090, 49 CFR 653.71 et seq. Human Resources required to generate EEO -4 report 29 CFR 1502.30 3 years 3 years Mag, Ppr (Self -Identification Form, etc.) Non -citizens must re -certify periodically; IRCA recommends 1 year from termination or 3 years from hiring, whichever is Human Separation + Separation Yes: Until Mag, Mfr, Yes: After later; EEOC 1 FLSA I ADEA Resources I -9s 2 years 2 years Separation OD, Ppr S Separation (Age) requires 3 years for "any other forms of employment inquiry'; State Law requires 2 -3 years; 29 CFR 1627.3(b)(i), GC §§12946,34090 Bureau of National Affairs Job Analysis ! Classification I When No When No recommends 2 years for all Compensation / Reorganization Longer Longer supplementary Personnel Human Studies (for employee Required - Required - Mag, Ppr records; Wage rate tables are 1 Resources classifications and department Minimum 2 Minimum 2 or 2 years; State requires 2 structures) years years years; 29 CFR 516.6(2), 29 CFR 1602.14, GC H 12946, 34090 DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR -3 Office of Classification Record OR File Number Records Description Retention 1 Disposition Inactive Comments 1 Reference Image: Destroy OFR ( ) Active TotalrVital? (Off-site, Media 1=Import Paper after (in office) Retention OD or Mfr) Options M=Mfr Imaged & S=Scan QC'd? !f the record is not listed here refer to the Retention for City -Wide Standards Retentions be in when the act is completed, and imply a full file folder (e - q- last document + 2 Years), since destruction is normal!y performed by rile folder. Litigation, claims complaints, audits and/orinvestigations sus end normal retention periods retention be ins after settlement). When No When No Human Longer Longer Department Preference; Bureau Resources Job Specifications Required - Yes: Before Required - Mag, Ppr of National Affairs recommends Minimum 2 Superseded Minimum 2 2 years for all supplementary earsY ears Separation Personnel records; GC §34090 Human LiveScan Fingerprint Clearance Separation + Department Preference to protect City in the event of past Resources Log 2 years 2 years MaP g, pr employee misconduct; GC § 34090 et seq._ Calif. Labor Division is required Human OSHA Inspections & Citations, to keep their records 7 years; Resources Log 200 and Log 300, 301, 301A 7 years 7 years Ppr OSHA requires 5 years; State law requires 2 years; 8 CCR §3203(b)(1), GC §34090.7; LC 6429c Files maintained separately; Human Personnel Files - Medical File (all Separation + Separation 4 Yes: Until Mag, Mfr, Yes: When Claims can be made for 30 Resources employees) 2 years 28 years 30 years Separation OD, Ppr S Inactive years for toxic substance exposure; 8 CCR §3204(d)(1) et seg., GC §§12946, 34090 Department Preference; EEOC/FLSA/ADEA (Age) Personnel Files - Regular, Active, requires 3 years for promotion, Human Permanent, Non -Regular, demotion, transfer, selection, or Resources Temporary and Part-time Separation 10 years Separation Yes: Until Mag, Mfr, S Yes: After discharge, State Law requires 2 Employees (Includes benefit tp years Separation OD, Ppr Separation 3 years; retirement benefits is 6 enrollment forms) years from last action; 29 CFR 1602.31 & 1627.3(b)(ii), 8 CCR §3204(d)(1) et seq., GC 12946, 34090; 29 USC 1113 DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. (809) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR -4 Office of Classification Record OR File Number Records Description Retention I Disposition Inactive Image: Destroy Comments 1 Reference (OFR) Active Total Media 1=Import Paper after (Off-site, Vital? (in office) Options M=Mfr Imaged & OD or Mfr) Retention S=Scan QC'd? If the record is not Listed here, refer to the Retention for City -Wide Standards Retentions be in when the act is completed, and imply a full file folder (e,q. last document + 2 ears since destruction is normally performed by file folder. Litigation, claims, complaints, audits andlor investi ations suspend normal retention periods retention be ins after settlement . Recruitment File / Test File - Department preference; EEOC ! Advertisements, Applications, FLSA/ADEA (Age) requires 1-3 Human Brochures, Equal Employment years, State Law requires 2 - 3 Resources Opportunity Data, Flyers, Job 5 years 5 years Mag, Ppr years; 29 CFR 1602 et seq & Announcements, Letters, 1627.3(a)(5) and (6), 2 CCR Scantrons, Tests, Questions 7287.0(c)(2), 8 CCR §11040.7( c), GC §§12946, 34090 Human Salary Surveys (conducted by the Resources City) 2 years 2 years Mag, Ppr GC §34090 Risk Self -Fund Insurance orkersConsistent Mag, Mfr, Yes: After with Agreement Manage, Compensation, etc.) 10 years 10 years Yes OD, Ppr S Expiration retention, sufficient to establish actuaries; GC §34090 Transitory records not retained Human Verifications of Employment, Child When No When No in the ordinary course of Resources Support Longer Longer Ppr business (does not materially Required Required impact the public's business) GG 30 years §34090 et seg. Human Resources Workers Compensation and Dependent Care Reports 5 years 25 years Mag, Ppr Department preference (meets auditing standards); GC §34090 Claims can be made for 30 years for toxic substance exposure; Claims are required Human Workers Compensation or Separation + Separation Mag, Mfr, Yes; When for five years after the end of Resources Disability Claims 5 years 25 years g0 years OD, Ppr S Inactive compensation, or injury, whichever is longer; 8 CCR §3204(d)(1) et seq., 8 CCR 10102, 15400.2; GC §§12946, 34090 DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. (909) 337-3515 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 4.0 RECORDS RETENTION SCHEDULE: INFORMATION SYSTEMS Page IS -1 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File NumberImage: Destroy (OFR) Inactive Paper Active Tt�tal; Media 1=Import (Off-site, O Vital? after (in office) Retention: Options M=Mfr or Mfr) Imaged & S=Scan QC'd? ff the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e - g- last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investigations sus end normal retention peffiods retention be irts after settlement . Department preference (Public Information Aerial Maps / Photos (Digital) P P ' Mag Works maintains analog aerials); Systems GC §34090 et seq. Considered a copy and can be destroyed when no longer required; tapes are in Informer and are Backup I apes -- DAILY — -- -- — - — - 6 weeks 6 weeks Yes Mag. Systems Network, All Files on Servers overwritten; store off-site in a commercial facility for disaster recovery purposes; GC §34090 et seq. Store off-site in commercial storage for disaster recovery; Considered a copy and can be Information Backup Tapes - MONTHLY - 13 months 13 months Yes Mag. destroyed when no longer Systems Network, All Files on Servers required; retention based on administrative value; recycle tapes; GC §34090 et seq. Store off-site in commercial storage for disaster recovery; Considered a copy and can be Information Backup Tapes - ANNUAL- 13 months 13 months Yes Mag. destroyed when no longer Systems y Network, All Files on Servers required, retention based on administrative value; recycle tapes; GC §34090 et seq. DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 4.0 RECORDS RETENTION SCHEDULE: INFORMATION SYSTEMS Page IS -2 DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909 337-3515 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN -1 Office of Classification Records Description Retention Record OR er Vital? Media 1=Import after File Number S=Scan QC'd? Active Inactive Total - (OFR) (in office) (Off-site, O ,Retention (longer for auditing & contractor or Mfr) the record is not listed here, refer to the Retention for City -Wide Standards §19530, GC §34090 etentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 yeatl since destr ti ation, claims, complaints, audits and/or investigations sus end normal retention periods retention be ins afro 7 years FINANCE 1 ACCOUNTING Finance I 1099's Issued 5 years 5 years Accounting f Disposition Comments I Reference Accounts Payable/ Invoices and er Vital? Media 1=Import after Options M=Mfr Imaged $ S=Scan QC'd? rction is normal!y performed by file folder r settlement . Backup (All Records and Reports - years after tax is due or paid (longer for auditing & contractor Mag, Ppr delinquency); Ca. FTB: 3 years; Finance I §19530, GC §34090 Includes Invoices, P.O.s, Travel 2 years 5 years 7 years Accounting Expense Reimbursements, Petty facilitate grant audits or claim Yes: Until Cash, Postage, PERS reports, reimbursements; Statewide Paid Mag Ppr check requests, backups, etc.) guidelines propose audit + 4 Accounts Receivable 1 Cash 7 years; GC §34090 Receipts I Cash Register Tapes ! Finance ! Yes: Until False Alarms 1 Transient Occupancy 2 years 3 years 5 years Accounting Mag, Ppr Tax (TOT) / Utility Billing 1 Invoices years; Published articles show 3 - to Outside Entities, etc. 7 years; GC §34090 Mag, Mfr, Finance 1 Yes: After Audit Reports 5 years P P Accounting GC §34090.7 Department Preference; Published Bank and Trustee Statements, Bank articles show 3 - 4 years; Other Mag, Ppr Reconciliations, Outstanding Check cities show 7 - 10 years; GC Finance 1 Lists, Daily Cash Summaries, Bank 2 years 3 years 5 years Accounting Deposits, Bank Transmittal Advice, Cashiers Reports f Disposition Comments I Reference Image: Destroy er Vital? Media 1=Import after Options M=Mfr Imaged $ S=Scan QC'd? rction is normal!y performed by file folder r settlement . Department Preference; IRS: 4 years after tax is due or paid (longer for auditing & contractor Mag, Ppr delinquency); Ca. FTB: 3 years; IRS Reg §31.6001-1(e)(2), R&T §19530, GC §34090 Department Preference to facilitate grant audits or claim Yes: Until reimbursements; Statewide Paid Mag Ppr guidelines propose audit + 4 years; Published articles show 3 - 7 years; GC §34090 Department Preference; Statewide Yes: Until guidelines propose audit + 4 Paid Mag, Ppr years; Published articles show 3 - 7 years; GC §34090 Mag, Mfr, Yes: After Department Preference (copies), OD, Ppr S 1 I 1 year GC §34090.7 Department Preference; Published articles show 3 - 4 years; Other Mag, Ppr cities show 7 - 10 years; GC §34090, 26 CFR 1.6001-1 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Adopted: Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN -2 Office of Classification Records Description Image: Record OR File Number Vital? Media I=Import Paper after Options M=Mfr Imaged & Inactive (OFR) QC,d? Active (in office) (Off-site OD i by file folder. r settlement). or Mfr} if the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e - q. last document + 2 years Litt ation, claims, complaints, audits and/or investigations suspend normal retention periods (rate Finance ! Budget Amendments 2 years 3 years Accounting Department Preference (copies); Current Mag, Mfr, 5 ! I Yes: After Budget Hearings and/or Review When No OD, Ppr Finance 1 1 year (Development Documents & Longer Mag, Mfr, Accounting Yes: After Preliminary Budget) Required OD, Ppr Finance 1 1 year Budgets - Adopted 1 Final P Accounting Department Preference to Mag, Mfr, Yes: After research Year-end General CAFR - Comprehensive Annual OD, Ppr S / 1 Finance 1 Ledgers, which are retained Financial Reports and related Audit 5 years P Accounting permanently; GC §34090 Opinions /Audit Reports Department Preference for grant Chart of Accounts ! Organization Finance I auditing / claims reimbursement Structure (Print out when Rollover is 2 years 5 years Accounting purposes; Statute of Limitations is Done) OD, Ppr SII Finance 1 4 years; statewide guidelines Checks /Warrants - Canceled 2 years 5 years Accounting propose Audit + 5 years; GC (Gashed) or voided Finance 1 §34090, CCP § 337 Deductions / Garnishments 2 years 3 years Accounting Transitory records not retained in (Employees) Retention Total Retention. )), since )n be ins 5 years When. No Longer Required. P P 7 years 7 years 5 years f Disposition Comments t Reference Image: Destroy Vital? Media I=Import Paper after Options M=Mfr Imaged & S=Scan QC,d? rction is normally performed by file folder. r settlement). Meets auditing standards; GC Mag, Ppr §34090 Mag, Ppr Drafts; GC §34090.7 Yes: Department Preference (copies); Current Mag, Mfr, 5 ! I Yes: After Must be filed with County Auditor; Fiscal Year OD, Ppr 1 year GC § 34090.7, 40802, 53901 Mag, Mfr, Yes: After Department Preference (copies); OD, Ppr 3/1 1 year GC §34090.7 Department Preference to Mag, Mfr, Yes: After research Year-end General Yes OD, Ppr S / 1 1 year Ledgers, which are retained permanently; GC §34090 Department Preference for grant auditing / claims reimbursement Mag, Mfr, Yes: After purposes; Statute of Limitations is OD, Ppr SII 1 year 4 years; statewide guidelines propose Audit + 5 years; GC §34090, CCP § 337 Transitory records not retained in the ordinary course of business Financial system qualifies as a Mag, Ppr trusted system and can re-create reports accurately; statewide guidelines propose 2 years; GC §34090 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Adopted: Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN -3 Office of Classification Records Description Retention I Disposition Comments I Reference Record OR File Number Destroy image: (OFR) pa Paper Active Inactive Total Media 1=Import p a (Off-site, OD ;;: Vital? after (in office) Retention Options MWMfr or Mfr) Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full Fite folder 7e. . last document + 2 years), since destruction is normal!y performed by file folder. Litigation, claims, complaints audits and/or investigations suspend normal retention Deriods retention begins after settlement). Department preference; All tangible property held by government agencies escheats Finance 1 Escheat (Unclaimed money ! 2 years 3 years 5 years Mag, Ppr after 3 years; Statute of Limitations is 1 year for seized Accounting uncashed checks) property; Meets auditing requirements; CCP §§340(4), ind"efitiite 1519; GC §34090 Finnvrce Financial Services Database Indefinite Yes Mag Data Fields / Records are interrelated; GC §34090 Accounting Includes permanent assets (for Finance 1 Fixed Assets - Annual Listing 2 years P P Mag, Mfr, S/1 Yes: After c3409Qnce with GASB 34); GC Accounting (Source Documents) 7 years OD, Ppr 1 year Finance / General Ledger: Final year-end 3 years 5 years Mag, Mfr, a Ppr S ! I Yes: After 1 year Published articles show 3 -10 years; Other Cities have adopted Accounting 2 years - 20 years; GC §34090 Department Preference (meets municipal government auditing Finance / Journal Entries / Journal Vouchers 2 years 5 years 7 years Mag, Mfr, OD Ppr S ! 1 Yes: After 1 year standards); Statute of Limitations is 4 years; statewide guidelines Accounting propose Audit + 5 years; GC §34090, CCP § 337 DIAMOND BAR, CA. ®2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE, Page FIN -4 Office of Classification Records Description Retention 1 Disposition Comments 1 Reference Record OR File Number Destroy Image' Inactive Paper Active Total Media 1=Import (OFR) (Off-site, OD Vital? after (in office) Retention Options M=Mfr or Mfr) Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for Ci -IMde Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by Me folder. Litigation, claims, complaints, audits and/or investigations suspend normal retention oeriods retention begins after settlement). Department preference (errors & omissions does not apply); Statewide guidelines propose Purchase Orders, Procurement & completion + 5 years for non - Contracting Records (RFPs, capital improvement contracts & Finance / Specifications, Contracts, 2 years 5 years 7 years Yes: Before Mag, Ppr completion + 4 ears for com P Y Accounting Amendments, Successful Bids, Completion transportation and concessionaire Notice of Award, RFOs, etc.) agreements_ Statute of Limitations is 4 years; CCP §§337, 7 years 337.1(a), 33T. _5, 34�GC_§34 Finance ! Refunds and Credits 2 years 5 years Yes: Until Mag, Ppr Department Preference to meet Accounting Paid auditing standards; GC §34090 Reports, Subsidiary Ledgers, Transitory records not retained in Reconciliations, Registers, the ordinary course of business Finance ! Transaction Histories, Balance When No When No Financial system qualifies as a Accounting Sheets, Proof & Merge Reports, etc. Longer Longer Mag, Ppr trusted system and can re-create (MONTHLY OR PERIODIC) Does Required Required reports accurately; statewide NOT include year-end General guidelines propose 2 years; GC Ledger. Close + 5 §34090 Finance / Trust Accounts Close + 2 3 years Mag, Ppr Meets auditing standards; GC Accounting years years §34090 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc- -all rights reserved Do not duplicate or distribute without prior mitten permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN -5 Office of Classification Records Description Retention t Disposition Comments t Reference Record OR File Number Image: Destroy Inactive Paper Active Total Media 1=Import (OFR) (Off-site, OD Vital? after (in office) Retention Options M=Mfr yr Mfrj S=Scan Imaged & QC'd? If the record is not listed here, refer to the Retention for Cit -Wde Standards Retentions begin when the act is completed, and im I a full file folder (e.g. last document + 2 years), since destruction is normallyperformed b file folder. Litigation, claims, com Taints, audits and/or investigations suspend normal retention periods retention be ins after settlement). BUSINESS REGISTRATION Finance I Meets auditing standards; GC Business Business Registration Renewals 5 years 5 years Ppr §34090 et seq. Registration DIAMOND BAR, CA. 02005 Giadwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from CGS (909) 337-3515 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN -6 Office of Record Classification OR File Number Records Description Retention I Disposition Destroy Comments ! Reference Image: Inactive Paper Active Total Media 1=Import (OFR) (Off-site, O Vital? after (in office) Retention Options M=Mfr or Mfr) Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investigations suspend normal retention periods retention begins after settlement). FINANCE 1 PAYROLL Finance I Department Preference; Retained Payroll CaIPERS bi-weekly reports 2 years 3 years 5 years Mag, Ppr to match other auditing periods; GC §34090 Department Preference; IRS: 4 yrs after tax is due or paid; Ca. FTB: 3 Finance I DE -6 & 941 Forms - Quarterly 2 Years 3 years 5 years Mag, Mfr, 51 I Yes: After years; Articles show 7 years; IRS Payroll Payroll Tax Returns I OASDI OD, Ppr Inactive Reg §31.6001-1(e)(2), R&T - - - -- -- - - - - - - - - - - §19539; 29GFR 516.5 - 516.6, 29USC 436, GC §34090 Transitory records not retained in the ordinary course of business Finance / Financial system qualifies as a Payroll Payroll Changes 2 years 3 years 5 years Mag, Ppr trusted system and can re-create reports accurately; statewide guidelines propose 2 years; GC §34090 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted- Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN -7 Office of Classification Records Description Retention I Disposition Comments t Reference Record OR File Number Destroy Image: Inactive Paper (OFR) Active (Off-site O TotalMediaMedia 1=Import after , (in office) Retentiorn Options M=Mfr or Mfr) Imaged & S=Scan QC'd9 If the record is not listed here, refer to the Retention for Ci -I4ride Standards Retentions begin when the act is completed, and imply a full file folder (e - g- last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and(orinvestigations suspend normal retention penods retenfion begins after settlement). Police, Fire, Library & Recreation retain original individual time cards, and submit a summary to Payroll; Meets auditing standards Finance I Time Sheets ! Time Cards ! (audit + 4 years); IRS requires 4 Payroll Overtime Sheets / Overtime Cards 2 years 3 years 5 years Mag, Ppr years; Ca. requires 2 yr min.; FTB Keeps 3 years; Published articles show 4 -10 years: Other cities show 2 - 20 years; IRS Reg §31.6001-1(e)(2), R&T §19530; LO § 1174(d); GC §34090 Department Preference; IRS: 4 yrs after tax is due or paid; Ca. FTS: 3 Finance/ N1"2 s 2 years 3 years 5 years Mag, Mfr, S 1 I Yes: After years; Articles show 7 years; IRS Payroll OD Ppr inactive Reg §31.6001-1(e)(2), R&T §19530; 29C FR 516.5 - 516.6, 29LISC 436, GC §34090 DIAMOND BAR, CA. ®2005 Gladweli Govemmental Services, Inc. -all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN -8 Office of Classification Records Description Retention 1 Disposition p Comments t Reference Record OR File Number!mage: Destroy Active LInactive Total vital? Media 1=Import Paper p after (OFR) (in office) Retention Options M=Mfr Imaged & S=Scan QC'd? the record is not listed here, refer to the Retention for City -Wide Standards 9tentions begin when the act is completed, and imply a full file folder e. . last document + 2 years), since destruction is normally performed PZ rile folder ti ation, claims, complaints, audits and/or investigations suspend normal retention eriods retention begins after settlement). FINANCE TREASURER Department Preference; Statute of Limitations for bonds, mortgages, trust deeds, notes or debentures i< Finance / Bond Transcripts 1 Certificates of Cance[lat., Cancellat., '. .Redemption tlon Yes: Until 10 Mag, Ppr 6 years; Bonds issued by local governments are 10 years; There Treasurer Participations (COPs) See Bank for Redemption o Maturity years or Maturity:+ ; Maturity are specific requirements for Statements statement retention. — 10 ears disposal of unit ed bonds; CCP §§336(a)(1) & (2), 337.5(2); GC §43900 et seq. Department Preference; Meets auditing standards; Published Investment Receipts /Advisor articles show disposal + 7 years Finance 1 Reports and Statements 1 Trade Maturity Maturity + 5 Yes: Until 5 years Mag, Mfr, S i I Yes: After for security brokerage slips; Treasurer Tickets 1 LAIF (Local Agency years. Paid OD, Ppr 1 year statewide guidelines propose Investment Fund) permanent; FTC Reg's rely on "self -enforcement"; GC§§ 34090, 43900 Department Preference (there is Finance ! Redevelopment Statement of 5 years 5 years Ma Mfr, S / I Yes: After not an active project area); meets Treasurer Indebtedness O0, Ppr 1 year auditing standards; GC §34090 Preference; Meets Finance 1Department State Controller's Report 5 years 5 years Mag, Ppr auditing standards; GC §34090 Treasurer I DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN -9 Office of Classification Records Description Retention ! Disposition Comments 1 Reference Record OR File Number Destroy Image: Inactive Paper Active Total Media 1=Import (OFR} (in office) {Off-site, OD Retention Vital? Options M=Mfr after or Mfr) S=Scan Imaged & QC'd? If the record is not fisted here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full rile folder e. g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investigations suspend normal retention periods retention begins ager settlement). Copies - copies - " City Clerk Treasurer's Reports f Monthly When No When No Mag, Mfr, S ! t Yes: After Department Preference; Meets Financial Statements (to Council) Longer Longer OD, Ppr 1 year auditing standards; GC §34090 Required Required DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or disinbute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: PUBLIC INFORMATION Page PIO-i Office of Classification Records Description Retention I Disposition Comments t Reference Record OR File Number Image: Destroy Inactive Active Total Media 1=Import Paper after (OFR) (Off-site, Vital? (in office) Retention Options M=Mfr Imaged & OD or Mfr) S=Scan If the record is not listed here refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2years),since destruction is normally performed by file folder. Liti ation, claims, complaints, audits and/or investigations sus end normal retention periods retention be ins after settlement . When No When No Longer Longer Yes: While Public Brochures, Pamphlets, etc. Required - Required - Active Mag, Ppr GC §34090 Information Minimum 2 Minimum 2 Issues years years 2 years Public Informational Flyers 2 years Mag, Ppr GC §34090 Information Public Mag' Department Preference; GC Information Newsletters Sent to Citizens 2 years P P 2 years Ppr, OD I Yes §34090 Public Press Releases 2 years Mag, Ppr GC §34090 Information When No When No Subject Files l Projects & Issues Longer Longer Yes: While Public (Issues and/or projects will vary Required - Required - Active Mag, Ppr GC §34090 Information over time - e.g. Hotels, Minimum 2 Minimum 2 Issues Developments, etc.) ears years Department preference; Video Public Video Recordings of Meetings Tape tapes of meetings are only Information (City Council, etc.) 1 year year (Mag) required for 90 days; GC 34090.7 DIAMOND BAR, CA ©2005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS -1 Office of Classification Records Description Retention l Disposition Comments l Reference Record OR File NumberInactive Image: Destroy (OFR) Active (Off-site, OD Total Vital? Media 1=Import Paper after (in office) or Mfr) Retention Options M=Mfr Imaged & S=Scan QC -.41 If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and im ! a full file folder e. .last document + 2 ears , since destruction is normally erformed by file folder. Litigation, claims complaints, audits and/or investigations sus ends normal retention periods retention be ins after settlement). When No When No Community Activity 1 Concerts I Special Longer Required - Longer Required - Mag, Ppr Department preference; GC Services Programs I Special Event Files Minimum 2 Minimum 2 §34090 years years The statute of limitation for errors and omissions is not applicable; Statewide guidelines propose Agreements for Contractors: Completion + Completion Yes: Until Mag, Mfr, S community Yes: After completion + 5 years for non- capital improvement contracts & Services Class Instructors, Sports 2 years 3 years 5 years Completion OD, Ppr Inactive completion + 4 years for Leagues, etc. transportation and concessionaire agreements; CCP §§336(a), 337 10 years et. seq., GC §34090 Community Arborist Reports 10 years Mag, Ppr Department preference; GC §34090 Services 2 years Community Backflow Certifications 2 years Mag, Ppr GC §34090 Services Copies - Copies - Finance ! Cash Receipts Detail I Backup 1 When No When No Alt detail is sent to Cashier GC Accounting Accounts Receivable 1 Refunds Longer Longer Mag, Ppr §34090.7 ! Recaps Required Required Covers various statute of Life of Life of limitations; CHP requires life of Lead Dept. Equipment and Vehicle Equipment or Equipment OF Mag, Ppr Ll vehicle; OSHA requires 1 year; 8 Maintenance History Vehicle + 2 Vehicle + 2 Ca. Code Reg. § 3203(b)(1); CCP years years I 337 et. Seq., GC §34090 DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS -2 Office of Classification Records Description Retention I Disposition Comments t Reference Record OR File NumberImage: Destroy (OFR) Total Vital? Media 1=Import Active (Off -active site, -s te, O Paper after (in office) or Mfr) Retention Options M=Mfr Imaged & S=Scan QC'd7 if the record is not listed here refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imDlv a full file folder (e.g. last document + 2 years), since destruction is normall erformed b file folder. Litigation, claims, complaints, audits and/or investigations sus ends normal retention periods retention be ins after settlement . When No When No Department Preference (Transitory CommunityEvaluations/Surveys s of y ( Longer Longer Mag, Ppr record not retained in the ordinary Services programs} Required Required 2 years course of business}; GC §34090 Community Facility Safety Inspections 2 years Mag, Ppr GC §34090 Services Facility Use and Equipment Yes: Communi ty _Applications, Alcoholic-- -- - — GC §34090 Services Beverage Applications 10 years Event Community Playground Inspections 10 years Mag, Ppr Department preference; GC §34090 Services Indefinite Community Recreation Database Indefinite Yes Mag Data Fields i Records are interrelated; GG §34090 Services Registration / Fee & Charge i Statute of Limitations any Liability Forms / Release of "...liability founded upon an Community Liability Forms I Permissions: 2 years 2 years 4 years Mag, Ppr instrument in writing" or not Services Camps, Field Trips, specifically provided for is 4 years; Authorization to give Medicine, GC §34090, CCP §§337, 343 etc. When No When No Community Subject/ Reference Files: Subjects other than Specifically Longer Longer Department Preference; GC Services Mentioned in Retention Required - Required - Mag, Ppr § 34090 et seq. Schedules Minimum 2 Minlmum 2 ears years DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY SERVICES Page CS -3 Office of Classification Record OR File Number Records Description Retention 1 Disposition Comments 1 Reference Destroy Image- Inactive Paper (OFR) Active (Off-site, OD Total Vital? Media 1=Import after (in office) or Mfr) Retention Options M=Mfr Imaged & S=Scan QC'd7 if the record is not fisted here refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normal/e7o'rmed by file folder. Litigation, claims, complaints, audits and/or investigations suspends normal retention penods retention be ins after settlement . Consistent with employee personnel files (Courts treat Volunteer 1 Unpaid Intern volunteers as employees); Human Applications &Agrements - EEOC/FLSA/ADEA (Age) requires Resources Unsuccessful or Pending 3 years 3 years Ppr 3 years for promotion, demotion, Applicants transfer, selection, or discharge; 29 CFR 1602.31 & 1627.3(b)(ii), 8 CCR_§3204(d)t1) et seq., GC §§12946,34090 Courts treat volunteers as employees; EEOC/FLSAIADEA Volunteer/ Unpaid Intern (Age) requires 3 years for Human Applications & Agreements Inactive / Inactive / Mag, Mfr, Yes: 1 promotion, demotion, transfer, Resources (includes emergency contact Separation + Separation + ODPpr S selection, or discharge; State Law information) - Successful 3 years 3 years , year requires 2 -3 years; 29 CFR Applicants 1602.31 & 1627.3(b)(ii), 8 CCR §3204(d)(1) et seq., GC §§12946, 34090, 29 USC 1113 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PLANNING Page PLN -1 Office of Classification Record OR File Number Records Description Retention I Disposition Destroy Comments !Reference Inactive Image: Paper (OFR) Active Total Media 1=Import (Off-site, Vital? after (in office) Retention Options M=Mfr OD or Mfr) Imaged & S=Scan QC'd7 ff the record is not listed here, refer to the Retention for City -Wide Standards Retentions be in when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. wk Litigation, claims, complaints, audits and/or investigations suspend normal retention periods retention begins after settlement . Mag,Yes: After Department Preference (original Planning Administrative Hearings P P Mfr, OD, s 1 I 1 year minutes are sent to the City P Ppr Clerk); GC §34090 Planning Annexations 5 years P Mag, Mfr, OD, 5 No Department Preference for 5 years Ppr historical purposes; GC §34090 Planning Business Registration Applications 5 years Ppr Meets auditing standards; GC -- -- - - - - - - - - - - §409D-etseq_ Census Bureau is OFR; GC When No When No Mag, Planning Census, Demographics Longer Longer Mfr, OD, §34090 et seq. Required Required Ppr Environmental Determinations: Usually filed in the project file; Environmental Impact Reports Final environmental Planning (EIRs), Negative Declarations, etc.) P P Ppr determinations are required tobe "reasonable kept a period of Inside City boundaries time", 14 CCR §15095(c); GC §34090 Environmental Determinations: Environmental Impact Reports When No Where No Non -records; EIRs and Negative Planning (EIRs), Negative Declarations, etc. } Longer Longer Ppr Declarations within the City Required Required Boundaries are with the project Outside City boundaries P file Planning General Plan, Elements and P Yes (all) Mag' MfrPP D, S / I Yes: After GC §34090 Amendments Amended DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS {909) 337-3516 Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PLANNING Page PLN -2 Office of Classification Records Description Retention f Disposition Comments 1 Reference Record OR Meets auditing standards; File Number Grants covered by a Image, Destroy Active Inactive Total Vital? Media I=Import Paper after (OFR) (in office) (Off-site, OD or Mfr) Retention Options M=Mfr Imaged Admin. Requirements for Grants S=Scan QC'd7 `the record is not listed here, refer to the Retention for City -Wide Standards Zetentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder itiaation. claims. complaints, audits and/or investigations suspend normal retention peficids (retention begins after settlement). DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Adopted: Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Meets auditing standards; Grants covered by a Consolidated Action Plan are required for 5 years; Uniform Admin. Requirements for Grants Yes: cal Governments is 3 years from expenditure report or final Loan Loa. Mag' Home Improvement Programs / Loan Forgiven or Mfr, OD, S ! I When payment of grantee or9 Planning Residential Rehabilitation Loans Forgiven or 5 years -Fully Paid + Ppr Inactive subgrantee; statewide (CDBG Loans to Residents) Fully Paid 5 ears y guidelines propose 4 years; 21 CFR 1403.36 & 1403.42(b); 24 CFR 85.42, 91A05(h), 92.505, & 570.502(b), 28 CFR 66.42; 29 CFR 97.42; 40 CFR 31.42; 44 CFR 13.42; 45 CFR 92.42; OMB Circular A-133; GC §34090 P Master Plans, Specific Plans,Department Ppr Preference; GC Planning Bikeway Plans, etc. P P §34090 Planning Commission AgendaMag' P Yes (all) Mfr, OD, S Yes: After Department Preference; GC Planning Packets Ppr 1 year §34090 Department Preference (only 30 PlanningPlanning Commission Audio 2 years 2 years Mag days is required), GC Recordings §54953.5(b) DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Adopted: Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Ver. 3.0 RECORDS RETENTION SCHEDULE: PLANNING Page PLN -3 Office of IClassification Record OR File Number Records Description Retention I Disposition Destroy Comments f Reference Image: inactive Paper (OFR) Active Total: Media 1=Import (Off-site, Vital? after (in office) Retention Options M=Mfr OD or Mfr) imaged & S=Scan 4C'd7 if the record is not listed here, refer to the Retention for Ci -Wide Standards Retentions begin when the act is completed, and imply a full file folder e.. last document + 2 years), since destruction is normally performed by Me folder. Litigation, claims, complaints, audits and/or investigations sus end normal retention periods retention begins after settlement . Notes taken to facilitate the Planning Planning Commission Minutes & P P Mag' OD, Yes: After writing of the minutes can be Bylaws y Yes Mfr, S 10 ears y destroyed after minutes have Ppr been adopted; GC §34090 et P seq. Planning Planning Commission Policy P Mfr, OD, S No Department Preference; GC Manual §34090 Planning Project Files - ADproved Projects have a 2 year vesting & Unapproved Permanent Entitlements (applicant must pull permit within 2 years) — those (Includes Associated CEGA applications in which the Noticing, Public Noticing, applicant does not follow through with permit may be Environmental Determinations, Mag, Yes: destroyed after the vesting Planning g ports Staff Reports, Plans & Map) s Project P p Yes Mfr, OD, S When period has expired. Department Completion Ppr Inactive maintains complete files for Examples: Conditional Use administrative purposes; Final Permits (CUPs), Design Review, environmental determinations Lot Line Adjustments, Parcel are required to be kept a Maps, Planned Unit "reasonable period of time"; 14 Developments (PUD), Zone CCR §CR §15095(c); GC§§34090, Changes, etc. 7 DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PLANNING Page PLN -4 Office of Classification Records Description Retention f Disposition Comments l Reference Record OR File Number Image: Destroy Inactive Paper Active Total Media Media 1=Import (OFR) (Off-site, after (In office) "Reten#ion.; Options M=Mfr OD or Mfr) Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complain audits and/or investigations sus end normal retention periods retention begins after settlement), Planning Pro'ect Files - Approved & Unapproved Temporary Mag, Yes: Temporary uses; Department Planning Entitlements: Expiration + Expiration + Yes Mfr, Op, S When maintains complete files for 2 years 2 years. Ppr Inactive administrative purposes; Banner Permits, Temporary GC§§34090 Signs, etc. Mag' Yes: After Department Preference; GC Planning Preliminary Review File _ P P P Yes ---1-L Ppr 1year §34090 Planning Project Log Index l Spreadsheet/ P Yes Mag' Mfrr,,OD , S 1 I Yes: After Department Preference, GC Binders of Historic Actions When No 1 year §34090 Regional Organizational Studies & When No Planning Programs where other Agencies are Longer Longer Mag, Ppr Non -records -;GC §34090 et the Lead (e.g. Air Quality Studies, Required Required seq. etc.) When No When No Planning Studies: Noise Studies, Seismic Longer Required - Longer Required - Mag, Ppr Department Preference; GC Studies, etc. Minimum 10 Minimum §34090 et seq. years 10 years Mag, Yes: Temporary uses; Department Planning 'temporary Use Permits Expiration + Expiration + Yes Mfr, OD, S When maintains complete files for 2 years 2 years Ppr Inactive administrative purposes; GC§§34090 DIAMOND BAR, CA. ©2005 Gladwell Govemmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PLANNING Page PLN -5 DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-351$ Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: Page EDIRDV-1 ECONOMIC DEVELOPMENT 1 REDEVELOPMENT Office of Classification Record OR File Number Records Description Retention I Disposition Inactive Image: Destroy Comments I Reference (OFR) Active (Off-site, Total Vital? Media 1=Import taper after (in office) OD or Mfr)Retention Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here refer to the Retention for City- Wide Standards Retentions begin when the act is completed, and imply a full file folder e. q. last document + 2years),since destruction is normally performed by file folder. Liti ation, claims, complaints, audits and/or investigations sus end normal retention eriods retention be ins after settlement), When No When No Econ. Longer LongerFA-ctive Develop. / Economic Studies Required - Required -Mag, Ppr GC §34090 Redev, Minimum 10 Minimum 1 years years Econ. Property Acquisition: Develop. I P P Mag, Mfr, S No GC §34090 Redev. Deeds, Title Reports, etc. OD, Ppr Department preference; Not accessible to the public until purchase has been completed; meets grant auditing Property Acquisition: requirements; USPAP (Uniform Econ. Standards of Professional Develop.I Real Estate A Reports: Appraisal 5 years 5 years Yes: Before Mag, Mfr, S Yes: After Appraisal Practice) ethical Redev. Purchased Property, Funded F Purchase OD, Ppr Inactive standards require appraisers to Loans, Property not Purchased retain records for at least 5years, or final disposition + 2 years, if used in a judicial proceeding; 24 CFR 85.42 & 91.105(h), & 570.502(b); 29 When No CFR 97.42, GC §34090 When No Econ. Prospects /Economic Longer Longer Yes: While Develop. l Development Required - Required - Active Mag, Ppr GC §34090 Redev. Minimum 2 Minimum 2Issues ears years Econ. Redevelopment Projects, Project Develop. 1 Areas (includes those that were P P Mag, Mfr, Sll Yes: After Department preference, GC Redev. not successful) OD, Ppr 10 years §34090 et seq. DIAMOND BAR, CA 02005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: NEIGHBORHOOD IMPROVEMENT Page NI -1 Office of Classification Record OR File Number Records Description Retention t Disposition Destroy Comments t Reference Image: Inactive Paper (OFR) Active Total Media 1=Import (Off-site, vital? after (in office) Retention.,' Options M=Mfr OD or Mfr) Imaged S=Scan & QC'd? ff the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed bZ file folder. Litigation, claims, complain audits and/or investigations suspend normal retention periods retention begins after sefflement . Case is open until satisfactorily resolved (some cases are not Neighbor. Code Enforcement l Abatement Fully Fully Y til U es: n Mag, Yes; 1 resolved); City Clerk maintains Improve. p Case Files Resolved + 5 Resolved.+ Resolution Mfr, OD, S original staff reports and years 5 years Ppr year resolutions that are presented to Council; CFC §104.3.4, GC 5 years §34090 Improve. Graf iti Reports & Photographs 5 years Mag, Ppr -- - -- GC §34090 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW -1 Office of Classification Record OR Records Description Retention t Disposition Comments 1 Reference File Number Inactive Image: Destroy { OFR Active Total Media Hmport Paper after {Off-site, Vitali (in office) Retention Options M=Mfr Imaged & OD or Mfr) S=Scan QC'd7 If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investi ations suspend normal retention periods retention be ins after settlement). ALL DIVISIONS ORK ORDERS Public Works Work Orders / Request for / Division Service Forms / Corrective Providing 9 Action Requests CMMS DATABASE (Computerized Indefinite Indefinite Mag Data is interrelated; GC §34090 Service / Work Maintenance Management System) Work Orders / Request for Service Forms f Corrective Public Works Action Requests Paper - 1 Division ENTIRE INFORMATION When No When. No Considered a preliminary draft! Providing Entered in CMMS Longer Longer Mag Ppr source record (the database is Service / Required Required'_ the original); GC §34090, GC Work§6252 (Division providing service retains originals; Division requesting service is considered a copy) Work Orders / Request for Service Forms / Corrective Public Works Action Requests Paper - FEMA City preference to facilitate i Division Reimbursable Events - claims and grant Providing whether or not in CMMS 10 years 10 years Mag Ppr reimbursements; CCP §§338 et Service / seq., 340 et seq., 342, GC Work (Division providing service retains §§945.6. GC §34090 originals; Division requesting service is considered a copy) DIAMOND BAR, CA, ©2005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW -2 Office of Classification Record OR Records Description Retention !Disposition Comments ! Reference File Number Inactive Image: Destroy (OFR) Active (Off-site, Total vital? Media I=Import Paper after (in office) OD or Mfr) Retention Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for Ci -Wide Standards Retentions be in when the act is completed, and imply a full file folder a. g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints, audits andlor investigations suspend normal retention periods retention be ins after settlement). Work Orders / Request for Service c=orms / Corrective Public Works Action Requests Paper - NOT I Division Providing FEMA Events - PARTIAL OR City preference; CCP §§338 et Service / NOT Entered in CMMS 3 years 3 years Mag Ppr seq., 340 et seq., 342, GC Work (Division providing service retains §§945.6, GC §34090 originals; Division requesting service is considered a copy) ADMINISTRATION 1 ENGINEERING Public Works Aerial Maps / Photographs - pP Yes: Until Mag, Yes' 1 Department Preference !Admin. Analog P Completed Mfr, OD, SA year y (Information Systems maintains Ppr digital aerials); GC §34090 Public Works Annual Assessment I Inspection / Admin, of Facilities 10 years 10 years Mag, Ppr Department preference show ence feferto to due diligence; 90 Assessment I Maintenance / Department Preference; Statute Public Works Landscape & Lighting I Street Improvement District Projects 1 P Yes: Until Mag, Yes: 1 of Limitations is 4 - 10 years (for Admin. 1 Community Facilities Districts P Completed Mfr, OD, S/l year Errors & Omissions); CCP (Ail records) Ppr §§337. 337.1(a), 337.15, 343; GC §34090.7 DIAMOND BAR, CA. ©2005 Gladwell Govemmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW -3 Office of Record (OFR) Classification OR File Number Records Description Retention !Disposition Inactive Image: Destroy Active (Off-site, Total Vital? Media I -Import Paper after (in office) OD or Mfr) . Retention Options M=Mfr Imaged & S=Scan QC'd? Comments 1 Reference If the record is not listed here, refer to the Retention for Ci -VKde Standards Retentions begin when the act is completed, and = a full file folder e.. last document + 2 ears), since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investi ations sus end normal retention periods (retention begins after settlement). Some grant funding agencies Capital Improvement Projects require audits; Statute of {CIP)1 Jobs: Infrastructure 10 years or Completion + Limitations for Errors & Omissions is 10 ears; y and Facilities Construction - After 1'0 years or. Funding After Fundin Published Audit Standards=4-7 Lead Dept. Administration File Upon Agency Agency' Yes: Until Mag, 1 YMfr years; Statute of Limitations: - — --— - --- Project Administration, Certified p e ion Audit; -if u t , om�e�ed Ones: Ppr - — - year Contracts & Spec's=4 years, Wrongful Death=comp. +5 Payrolls, Project Schedules, y i required, required, whichever is whichever is years, Developers=camp. + 10 Progress meetings, Real Estate longer longer years; Statewide guidelines Appraisals, etc. propose termination + 5 years; CCP §§336(a), 337 et. seq., GC §34090 Capital Improvement Projects All permanent project files are (CIP) I Jobs: Infrastructure and maintained in Engineering no Facilities Construction - matter what department was Permanent File involved in the project; retained Lead Dept, p Plans, Specifications, Upon Completion P P Yes_ Until Completed Mag, Mfr, OD, SII Yes: 1 for disaster preparedness purposes (City Clerk does not Bids/RFPs, Successful Proposal, Ppr year maintain Plans, Materials Materials Testing Reports, Testing Reports, etc.) Statewide Grading Permits, Hazardous guidelines propose Permanent Materials Plans, Soils Reports, for Infrastructure plans; GC Studies, Surveys, etc. §34090 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW -4 Office of Classification Record OR File Number Records Description Retention !Disposition Comments !Reference Inactive Image: Destroy (OFRJ Active (Off-site, Total Vital? Media 1=Import Paper after (in office) OD or Mfr) Retention Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and im ly a full file folder e. g. last document + 2 years), since destruction is normal!y perfbnned b_v file folder. Litigation, claims, complaints, audits andlor investigations suspend normal retention periods retention be ins after settlement . Public Works I Admin. Emergency Call -Out Logs 3 years 3. ears Y Mag,P r P Department preference; GC §34090 et. seq. Public Works Encroachment Permits - Mag' Department Preference; ! Engineering Permanent (Buildings, Sewers, ( g P P Yes: Until MfPp D, S Yes: After Statewide guidelines propose Streets, Utilities, etc.) Revocation Ppr Inactive Permanent; CCP § 337 et. Seq_; GC § 34090 Department Preference Encroachment Permits - (warrantees are typically for 5 Public Works 1 Engineering Temporary (Street Closures, 5 years 5 years Yes: Until Mag, Ppr years); Covers various statute of limitations, including errors and Street Cuts, Paving, etc.) Completion omissions; Statewide guidelines propose Permanent; CCP § P 337 et. Seq.; GC § 34090 Public Works Engineering Studies t Surveys P Mag' Yes: After Department Preference; GC Engineering (City Projects) Mfr, OD, Sill inactive §34090 When No Ppr Engineering Studies / Surveys - When No Public Works !Engineering Preliminary Studies ! Project Assessments (Not Acquired or Longer Required - Longer Required- R Mag, Mfr, OD, SA Yes: After Department Preference; GC Developed) Minimum 3 Minimum 3 Ppr Inactive §34090 years years Public Works /Admin. Geotechnical Reports P P Mag Ppr Department Preference; GC §34090 et seq. DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW -5 Office of Classification Record OR File Number Records Description Retention I Disposition Comments !Reference Inactive Image: Destroy (OFR) Active Total Media 1=Import Paper after (Off-site, Vaal? (in office) Retention Options M=Mfr Imaged & OD or Mfr) S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complaints audits and/or investigations sus end normal retention periods retention begins after settlement . Maps, Plans and Drawings (Final Drafts should be destroyed; Public Works Maps, Parcel Maps, Record of Ma Some maps are also retained by 1 Engineering Survey, Right of Way, Tract 3 years P P OD, S Yes: 1 Planning; Selected maps are Maps, "As-Builts", Record Ppr year retained in Public Works for Drawings, etc,) [YesMfr, administrative purposes; GC §34090, 34090.7 Pub it c Works - — - - Master Plans - - - --- - p - - - - -- - - - Yes: 1 Department preference; Drafts ---- / Engineering P Mfr, OD, S should be destroyed; GC When No Longer Ppr year §34090 Comm. Dev. / Private Development Projects l p ! When No Longer Mag, Yes: After 1 Planning Improvements Mfr, OD, S Planning 9 is OFR; GC §34090.7 Required Required Ppr year Public Facilities / Infrastructure Public Works P'As Builts" / Record Drawings - P P Yes: Until Mag' Yes: After 1 1 Engineering All Public Improvement Plans Completed Mfr, OD, S year Infrastructure; GC §34090 and Drawings When No Ppr When No Public Works Longer Longer I Engineering Traffic Investigations Required - Required'- Mag, Ppr Department preference; GC Minimum 3 Minimum 3 §34090 years years p Public Works 1 Traffic Legends, Signals and P Mag, Ppr Department preference; GC Engineering Signs (locations) §34090 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW -6 Office of Classification Record OR Records Description Retention 1 Disposition Comments !Reference File Number Inactive Image: Destroy (OFR) Active Total Vital? Media I=Import Paper after (Off-site,Retention (in office) ptions M=Mfr Imaged & OD or Mfr) S=Scan QC'd? If the record is not listed here, refer to the Retention for Ci -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 ears , since destruction is normal!y performed by file folder. Liti ation, claims, complaints, audits and/or investigations suspend normal retention periods retention be ins after settlement . When No When No Public Works Longer Longer ! Engineering Traffic Signal Maintenance Required - Required - q Ma P r g'p Department preference; GC Minimum 3 Minimum 3 §34090 years years When.No. When No Public Works Longer Required Longer /EngineeringTrffic D� preference; GC eed - Required -_ Mag, pr Minimum 3 Minimum 3: §34090 years years No When NoWhen Public Works Longer Longer / Engineeringp Traffic Studies Required - Required - Mag,P r Department preference; GC Minimum 3 Minimum 3 §34090 years years Public Works Transportation !Wide Load Yes Until 1 Engineering Permits 2 years 2 years Completion Mag, Ppr GC § 34090 DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW -7 Office of Classification Record OR File Number (OFR) the record is not listed here, refer; 9tentions begin when the act is ca Ligation, claims, complaints. audits Public Works I Environ. Services Public Works / Environ. _ Services Public Works / Environ. Services Public Works I Environ, Services Records Description Retention I Disposition Inactive Image: Destroy Active Total Media 1=Import Paperafte (in office) (Off-site, Retention Vita!? Options M=Mfr Imaged & OD or Mfr) S=Scan QC'd? the Retention for City -Wide Standards i leted, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder and/or investigations suspend normal retention periods retention begins after settlement). ENVIRONMENTAL_ SERVICES t SOLID WASTE I STORM WATER 939 Compliance NPDES NPDES Permits Comments I Reference Mag, Yes: When Consistent with City-wide 10 years 10 years Mfr, OD, SII standards for contract Expiration + years Solid Waste Tonnage Reports / I 10 years Statistics DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. (909) 337-3596 - all rights reserved Do not duplicate or distribute without prior written permission Adopted; Ppr Inactive administration Mag, Department preference; -3 years e lf- - Yes: 5 - Monitoring records required for , Ppr years 3 years; 40 CFR §§122.21, 122.41 Department Preference; Expiration + Yes: Until Mag Ppr Monitoring records required for 3 years Expiration 3 years; 40 CFR §§122.21, 10 years 122.41; CCP §337 et seq. Mag, Ppr Department preference; GC §34090 DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc. (909) 337-3596 - all rights reserved Do not duplicate or distribute without prior written permission Adopted; r Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW -8 Office of Record Classification OR File Number Records Description Retention I Disposition Comments l Reference Inactive Image: Destroy (OFR) Active Total Vitali (Off-site, Media 1=Import Paper after (in office) Retention OD or Mfr) Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is com leted, and imply a full file folder (e.g. last document + 2 -years.), since destruction is nonnally performed by file folder. Litigation, claims, complaints, audits and/or investigations sus end normal retention periods retention be ins after settlement). Covers E&O Statute of Limitations (insurance certificates are filed with agreement); Published Audit Public Works Standards=4-7 years; Statute of / Environ. Solid Waste: Contract Administration Files Completion Yes: Completion 10 years P Before Mag, Mfr, OD, SII Yes: Upon Limitations: Contracts & S ec's=4 ears, Wrongful P Y g Seances- - - - - 10 years- om�etiort P - - omplehort Death=comp. + 5 years, pl—r Developers=comp. + 10 years; Statewide guidelines propose termination + 5 years; CCP §§336(a), 337 et, seq., GC §34090 DIAMOND BAR, CA. ©2005 Gladweli Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 3.0 RECORDS RETENTION SCHEDULE: PUBLIC WORKS Page PW -9 Office of Classification Record OR File Number Records Description Retention 1 Disposition Comments !Reference Inactive Image: Destroy (OFR) Active (Off-siteTota! Media 1=Import Paper after Vital? , (in office) OD or Mfr) Retention Options M=Mfr Imaged & S=Scan QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and im ! a full file folder e. . last document + 2 ears , since destruction is normally performed by file folder. Litigation, claims, complaints, audits and/or investigations suspend normal retention eriods retention begins after settlement). MAINTENANCE Public Works 1 Maint. Daily Logs 3 years 71 3 years Mag, Ppr GC §34090 Covers Statute of Limitations for Maintenance Contracts Contracts (errors and omissions ADMINISTRAT[ON FILES does not apply); Published Audit Standards=4-7 years; Statute of Public Works (e.g., HVAC, Pavement Completion + Yes: Limitations: Contracts & Maint. Management, Parking Lot Completion 5 years 5ears 5years Before Mag, Ppr Spec's=4 years, Wrongful Sweeping, Pest Control, Death=comp. + 5 years, Security, Slurry Seals, Statewide guidelines propose Striping, Tree Trimming, etc.) termination + 5 years; CCP§§336(a), 337 et. seq., GC §34090 DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: BUILDING and SAFETY Page BLD -1 Office of Classification Record OR File Number Records Description Retention t Disposition Comments t Reference Destroy OFR Active Inactive (Off-site' Total Vital? Media Image: 1=import Paper after (in office) OD or Mfr) Retention Options M=Mfr Imaged S=Scan & QC'd7 If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normal!y Performed by file folder. Litigation, claims, complaints, audits and/or investigations sus end normal retention perfiods retention begins after settlement). Building Active Cases Not Finalled (Work P P P Mag' Mfr, OD, S Yes: 1 Department Preference; GC Started, but Never Completed) year §34090 Ppr Address Files: Building permits and Building Permit Applications Statewide guidelines propose Building (All) p p Yes (all) Ma Mfr, OD, S No permanent; UAC §303.2, CBC Excludes Correction Notices and Ppr §105.4.2, GC §34090, H&S §1985G Stop Work Orders When No Longer -- Building Building Inspection Log When No Longer Mag, Ppr Preliminary draft/ transitory record (the Building Permit Required Required Indefinite database is OFR); GC §34090 Building Building Permit Database Indefinite Yes (all) Mag Department Preference --Data is interrelated; GC §34090, H&S §19850 Law requires for the life of the Building Plans and Construction building for commercial only; Documents - Finalled - SINGLE Statewide guidelines propose 2 FAMILY RESIDENTIAL - SFR (All Mag' Yes: years for blueprints & Building others -does not include Plot Plan Completion + 90 da y s P P Yes (all) Mfr, OD, S Finalled + specifications; CBC and UAC and Site Plan) Ppr 1 year require plans be retained 90 days from completion date for If Imaged residential and appurtenances; UAC §303.2; CBC §105.4.2; H&S§19850, GC §34090 DIAMOND BAR, CA. ©2005 Gladwell Governmental services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: BUILDING and SAFETY Page BLD -2 Office of Classification Record OR File Number Records Description Retention !Disposition Comments l Reference Destroy (OFR) Active Inactive (Of site, Total Vital? Media Image: 1=Import paper (in office) OD or Mfr) Retention Options M=Mfr after Imaged S -Scan F the record is not listed here, refer to the Retention for City -Wide Standards & QC'd? detentions be in when the act is completed, and imply a full Ste folder (e.q. last document + 2 years), since destruction is normaltv Performed by file folder. .iti ation, claims, complaints, audits and/or invest! ations suspend normal retention periods retention be ins after settlement). Law requires for the life of the Building Plans and Construction building for commercial only; Documents - Finalled - SINGLE Statewide guidelines propose 2 FAMILY RESIDENTIAL - SFR (All years for blueprints & Building others - does not include Plot Plan Completion Completion + Yes (all) Mag, Ppr specifications; CBC and UAC and Site Plan) + 90 days 90 da s y require plans be retained 90 ---- --- - -- -- days fr9rt} sompietion date for — - -- - — NOT Imaged residential and appurtenances; UAC §303.2; CBC §106.4.2; H&5§19850, GC §34090 Building Plans and Construction Documents - Finalled - INDUSTRIAL, COMMERCIAL, MULTI -FAMILY DWELLINGS, Department Preference; Law PLACES OF PUBLIC requires for the life of the Building ACCOMMODATION, TENANT P P Mag' Yes: building for commercial only; Statewide guidelines propose 2 IMPROVEMENTS, PRODUCTION Yes (all} Mfr, OD, S After QC years for blueprints & HOMES Ppr specifications; UAC §303.2; CBC §106.4.2; H&S§19850, GC§34090 (includes commercial structural plans, Hazardous Materials Questionnaire, etc.) Certificates of Occupancy Building (Commercial, 3 dwelling units or P P Yes (all) Mfr, OD, S Yes: 1 Statewide guidelines propose more) Pnr year life of building; GC §34090 DIAMOND BAR, CA. ©2005 Gladwell Governmental Services, Inc, - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Ver. 2.0 RECORDS RETENTION SCHEDULE: BUILDING and SAFETY Page BLD -3 Office of Classification Record OR File Number Records Description Retention !Disposition Destroy Comments t Reference Image: Inactive Paper (OFR) Active Total Media I=Import (Off-site, Vital? after (in office)Retention Options M=Mfr OD or Mfr) Imaged S =Scan & QC'd? If the record is not listed here, refer to the Retention for City -Wide Standards Retentions begin when the act is completed, and imply a full rile folder e. g. last document + 2 years), since destruction is normally performed by file folder. Litigation, claims, complain audits and/or investigations sus end normal retention periods retention beg' after settlement . Building Complaints ! Violations p (prior to Until Cleared or Project Until Cleared or Project Mag, Mfr, OD, S Yes: 1 Department Preference; GC Certificate of Occupancy) p Y) Completion Completion Ppr year §34090 Transitory I preliminary Correction Notices, Stop Work Until Cleared Until Cleared documents not retained after Building Orders, etc. or Project _ or Project Mag, Ppr permit has been finalled and all — - - - c„��„`ctotions co"Ieted; GC — — P §34090 Building Home Occupancy Permits P Yes (all) Mag' Mfr, OD, S Yes: 1 Statewide guidelines propose Project Ppr year life of building; GC §34090 Project Drafts and transitory ! Building Plan Check Correction List Completion Completion. Mag, Ppr preliminary draft records; GC P §34090 Building Reports: Annual Historical Reports P Mag' Mfrr,,O D, S Yes: 1 Department Preference; GC of Building Permit Activity year §34090 Reports: Monthly and Periodic Building Reports of Building Activity (Dodge 2 years 2 years Mag, Ppr GC §34090 Reports, etc.) DIAMOND BAR, CA. 02005 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted: Agenda # 6.7 Meeting Date: 2/21/06 CITY COUNCIL AGENDAREPORT ti xAQ9 TO: Honorable Mayor and Members pf City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVAL OF CONTRACT AMENDMENT #8 TO ADD MAINTENANCE OF SYCAMORE CANYON PARK TRAIL HEAD AND SUMMIT RIDGE MINI -PARK TO CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT WITH TRUGREEN LANDCARE FOR EIGHTEEN MONTHS, JANUARY 1, 2006 THROUGH JUNE 30, 2007 IN THE ADDITIONAL AMOUNT OF $11,850, FOR A TOTAL AUTHORIZATION OF $508,863; PLUS AUTHORIZATION FOR AS -NEEDED WORK AS APPROVED BY THE CITY MANAGER OR DESIGNEE IN THE AMOUNT NOT TO EXCEED $80,000 FOR 05106 FY AND $80,000 FOR 06107 FY RECOMMENDATION: Approve contract amendment #8. FINANCIAL IMPACT: This contract amendment increases the cost of this contract for the 2005106 fiscal year by $3,450. It also increases the authorization for approved as -needed work during the 2005106 FY by $40,000, from $40,000 to $80,000. These funds are already available in the adopted 2005106 FY budget (and mid -year adjustment). The additional cost of the contract for the 2006107 FY will be $8,400; and the authorization for approved as -needed work will also be $80,000. Funds for the 2006107 FY will be requested during the regular budget process for the 2006107 Fiscal Year. BACKGROUND: On December 6, 2005, the City Council extended the contract with TruGreen LandCare for City Wide Landscape maintenance for the period of January 1, 2006 through June 30, 2007 in the amount of $497,013. Staff desires to add two areas of responsibility to this contract, the new trail head at Sycamore Canyon Park and Summit Ridge Mini -Park. The additional cost for the trail head is $325 per month. The additional cost for Summit Ridge Mini -Park is $375 per month. Summit Ridge Mini -Park is currently being maintained by ValleyCrest Landscape Maintenance for $2,533.56 per month. Switching the maintenance of Summit Ridge Mini -Park to TruGreen will save LLAD #39 $2,158.56 per month. Staff is also seeking City Council authorization to increase the amount of as -needed work that can be approved by staff each year to $80,000. DISCUSSION: Approval of Contract Amendment #8 with TruGreen LandCare will add the following costs to the contract: Current 18 month Amount $497,013 Trail Head at Sycamore Canyon $1,950 (05106) $13900 (06107) $5,850 (Total) Summit Ridge Mini -Park $1,500 (05106) $4,500 (06107) $6,000 (Total) Revised Contract Amount $497,013 +$11,850 $508,863 The additional work already performed by TruGreen LandCare during the current fiscal year totals $39,985. City Council has authorized $40,000 for the entire 2005106 fiscal year. Staff is seeking City Council authorization to increase the amount of as -needed work that can be approved by staff to $80,000. The work already completed by TruGreen during the current fiscal year includes: Labor for 4th of July Celebration $1,890 Installation of athletic field drainage at Sycamore Canyon Park $5,750 Poison Oak Removal at Peterson Park Trail Head $7,950 Poison Oak Removal at Sycamore Canyon Park Trail $3,850 Poison Oak Removal at Sycamore Canyon Park Lower Parking Lot $500 Flowers Planted at Sycamore Canyon Park Parking Lot and Monument Sign $875 Poison Oak Removal in Dist #39 (growing intolresident's back yard) $10,500 Poison Oak Removal in Dist #41 (growing into', resident's back yard) $2,000 Irrigation Repairs in Dist #38 $5,112 Irrigation Repairs in Dist #41 $1,558 Total As -Needed Work Completed (711105 — 2/15/06) $39,985 Anticipated work from 2122106 — 6130/06: Poison Oak Removal at Peterson Park (growing onto path leading to condos) $3,500 Materials used to stock Park Restrooms (paper towels, hand soap, etc.) $2,500 Playground Sand for Heritage Park Tot Lot $2,250 Irrigation Repairs at Parks and Districts #38, 39 & 41 $9,900 New Irrigation Controller at Longview South Mini -Park (Dist #39) $3,500 Total AS -Needed Work Anticipated (2/22106 — 6130106) $21,650 There is a total of $195,000 appropriated in the 2005106 FY budget for planned and unanticipated as - needed landscape maintenance services in the City's Parks and Districts #38, 39 & 41. Areas Maintained by TruGreen LandCare if Amendment #8 is approved (proposed new areas underlined): Area Description LLAD #38 All medians located in the center of major blvds. Temple Ave Parkway Grand Ave Parkway (behind guardrail) LLAD #39 Entire District including Su mit R&Le Mini -Park LLAD #41 Entire District except Brea (Canyon Cut-off Parks Heritage, Maple Hill, Paul C. Grow, Ronald Reagan, Starshine, Sycamore Canyon Park including Trail and Trail Head ATTACHMENTS: Amendment #8 to Contract Agreement dated 2121106 Contract Agreement dated 6130198 Director of Community Services AMENDMENT #8 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 21st day of February, 2006 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY') and TRUGREEN LANDCARE, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Landscape Maintenance on June 16, 1998. b. The CITY has regularly extended its City -Wide Landscape Maintenance Contract with CONTRACTOR, most recently for the period of January 1, 2006 through June 30, 2007 (18 months) in the lump sum amount of $497,013. C. Parties desire to amend the contract to add two new areas of responsibility to the scope of work: 1. Sycamore Canyon Park Trail IlHead @ $1,950 (6 months @ $325/mo) for 05106 FY and $3,900 (12 months @ $325/mo) for 06/07 FY for a total of $5,850 for 18 months. 2. Summit Ridge Mini -Park @ $1,500 (4 months @ $375/mo) for 05106 FY and $4,500 (12 months @ $315/mo) for 06/07 FY for a total of $6,000 for 16 months. d. Parties further desire to amend the contract to authorize as -needed work as approved by the City Manager or designee lin the amount not to exceed $80,000 for 05106 FY and $80,000 for 06/07 FY. Now, therefore, the parties agree to amend thee. AGREEMENT as follows: Section 1 — Contract is amended to extend the contract amount for the January 1, 2006 through June 30, 2007 period to the lump sum amount of $508,863. Section 2 — Contract is amended to authorize 6s -need work as approved by the City Manager or designee in the amount not to exceed $80,000 for 05106 FY and $80,000 for 06/07 FY. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto halve executed this AMENDMENT #8 TO CONTRACT AGREEMENT on the date and year first written', above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Mayor APPROVED TO FORM City Attorney TRUGREEN LANDCARE Contractor Signed Title Linda Lowry, City Clerk AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between ACCURATE LANDSCAPE AND MAINT NAN E CQRPORATION, hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and -declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR ACCURATELANDSCAPE AND MAI T NAN E CORPORAIJON and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the City -Wide n Maintedanc NOW, THE in consideration of the mutual covenants herein contained, it is agreed: 1. GENERALS PE OF W K• CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Ci Wide I andsraM Mainjenance. The work to be performed in accordance with the plans and specifications, dated May 5, 1998 on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATENTSTO BE CONS111DEREQP M T RY• The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, Contractor's Proposal dated Lune 4, 1 298 together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. JERMS OF CONTRACT The CONTRACTOR agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract or upon notice by City after ten (10) days. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five -hundred (5500 00) dollars for each calendar day the work remains incomplete beyond the expiration of thei completion date. City may deduct the amount City of Diamond Bar City -Wide Landscape Maintenance thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. IN$URANC.E; The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation li insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of Californi �. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto ) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily injury $500,000 each person; $ 1,000,000 each accident. 4) CONTRACTOR'S Prolective - Property Damage $250,000 each accident; $500,000 aggregate. City of Diamond Bar 2 City -Wide Landscape Maintenance 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. b) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional 'insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the dei nated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or romnected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. City of Diamond Bar 3 City -Wide Landscape Maintenance 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required t make contribution to funds established for the administrative of apprenticeship programs ifhe employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTORS on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the:: Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards and its branch offices. 7. LE AL HOURS OF WORK: E�ght (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply With and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a' penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employ�d in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any' of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation !of the Labor Code. City of Diamond Bar 4 City -Wide Landscape Maintenance 8. TRAVEL AND UB ,ISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILRY• The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in perrforming the work, or for injury or damage to any person or persons, either workmen' or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or4om any cause whatsoever. The CONTRACTOR will indeminify Indemnitees against and will hold ard save Indemnitees harmless from any and all', actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages,1, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemjnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. C. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in City of Diamond Bar 5 City -Wide landscape Maintenance addition to any other rights or remedies which indemnities may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the indemnities. 10. ON- I R1MlNATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the pena'tibs provided for in Labor Code Section 1735. 11. CONTRACT PRI E AND PA MENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated lune 4 1998 in the total amount of $233.364.00 The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the Contractor written notice of a ercise of this option to renew at least thirty (3 0) days prior to the expiration of the initial ternli of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph PARKS 5139 1,7rM.D. SP1, 28. 2 of specifications, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment da, e") as follows: Any increase in compensation wiII be 'negotiated between the City and the Contractor, with the limits being no increase to a maxi um of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. if the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consurjner Price Index ("C.P.I.") for the Los Angeles - Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year City of Diamond Bar 6 City -Wide Landscape Maintenance prior to the Index Month. if the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it d appropriate. may eem 12. ATTORNEY'S.,, FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION- This agreekrtent may be terminated by the City, without cause, upon the giving of a written "Notice of (Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination, IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities requ�ed by law on the respective dates set forth opposite their signatures. City of Diamond Bar 7 City -Wide Landscape Maintenance State of California "CONTRACTOR'S" License NO Date TITLE Date Date APPROVED AS TO FORM: Date CONTRACTOR'S Business Phone: CITY OF DIAMOND BAR, CALIFORNIA ATTEST: By: V CITY CL Emergency Phone at which CONTRACTOR' can be reached at any time: City of Diamond Bar 8 CitY-Wide landscape Maintenance Agenda # 6.8 Meeting Date: FebruaCy 21 2006 CITY COUNCIL TO: Honorable Mayor and MembAWC Ofity Council VIA: Linda C. Lowry, City Manage TITLE: APPROVE $30,000 INCREATRACT WITH TOTAL AUTHORIZATION OF $$5,000. Recommendation: Approve Contract Amendment. AGENDA REPORT A.C.T. GIS INC., FOR A Budget/Financial Impact: The additional $30,000 in funds where appropr;rated and allocated to the Information Systems budget on 2/7/2006 as part of the Mid -Year Budget Amendment. There is no additional impact. Background: The City has contracted with A.C.T GIS Inc. ford: Advanced GIS services and support. A.C.T, has produced a digital version of the General Plan end Zoning map. This work included boundary updates and the addition of color for both "wall prints", and website display. They have additionally produced custom maps and views for various dpartments, as well as developed six new layers for bike lanes, recreation trails, walkways, and linkid all of the arbor maps and data into the GIS websites. The websites were enhanced by adding the following features. • A.C.T. Consulting developed a custom d tabase query tool for quickly and accurately updating property ownership information. • A.C.T. also developed custom code for b tter translation of AutoCAD text data for display on the GIS websites. This custom code rotates the displayed text so that our websites display the text to match the original AutoCAD files. Very few GIS websites have this capability. It makes our site much better and more easily read by all users. Discussion: The additional $30,000 will be used to accomplish the following projects and support requests in support of Diamond Bar's Economic Development Goals. 1. Fix the parcel layer boundaries for properties that are condominiums or contain subdivision of air space. Currently these have no individual boundaries and need to have the boundaries built to correctly show ail sub -parcels for these types of developments. 2. Develop an address point layer. We have the starting points for one primary address atlon each parcel but need to add-in many missing address points, especially for condominiums and parcels with multiple businesses located within that parcel. 3. Continue to update the websites with requested enhancements including improved speed of image loading. 4. Continue to respond to requests for new data and custom product plots and maps, as well as incorporate new parcel data in areas that are under consideration for annexation. It is recommended that the City Council autho6a this increase in the contract with A.C.T. GI since the total contract wilf now exceed the Cit} Manager's spending authority. S Inc., PREPARED BY: Ken Desforges, Director Information Systems Agenda # 6.8 Meeting Date: February 21, 2006 CITY COUNCIL "\— AGENDA REPORT TO: Honorable Mayor and Members of Aie City Council VIA: Linda C. Lowry, City Manage TITLE: APPROVE $30,000 INCREASE IN&OWRACT WITH A.C.T. GIS INC., FOR A TOTAL AUTHORIZATION OF $$5,000. Recommendation: Approve Contract Amendment. Budget/Financial Impact: The additional $30,000 in funds where appropriated and allocated to the Information Systems budget on 2/7/2006 as part of the Mid -Year Budget Arrlendment. There is no additional impact. Background: The City has contracted with A.C.T GIS Inc. for Advanced GIS services and support. A.C.T. has produced a digital version of the General Plan and Zoning map. This work included boundary updates and the addition of color for both "wall prints", and website display. They have additionally produced custom maps and views for various d partments, as well as developed six new layers for bike lanes, recreation trails, walkways, and link d all of the arbor maps and data into the GIS websites. The websites were enhanced by adding the following features. • A.C.T. Consulting developed a custom d4tabase query tool for quickly and accurately updating property ownership information. • A.C.T. also developed custom code for b tter translation of AutoCAD text data for display on the GIS websites. This custom code rot tes the displayed text so that our websites display the text to match the original AutoCAD files. Very few GIS websites have this capability. It makes our site much better and more easily read by all users. Discussion: The additional $30,000 will be used to accomplish the following projects and support requests in support of Diamond Bar's Economic Development Goals. 1. Fix the parcel layer boundaries for properties that are condominiums or contain subdivision of air space. Currently these have no individual boundaries and need to have the boundaries built to correctly show all sub -parcels for these types of developments. 2. Develop an address point layer. We have the starting points for one primary address at/on each parcel but need to add-in many missing address points, especially for condominiums and parcels with multiple businesses located within that parcel. 3. Continue to update the websites with requested enhancements including improved speed of image loading. 4. Continue to respond to requests for new data and custom product plots and maps, as well as incorporate new parcel data in areas that are under consideration for annexation. It is recommended that the City Council authorize this increase in the contract with A.C.T. GIS Inc., since the total contract will now exceed the City Manager's spending authority. PREPARED BY: Ken Desforges, Director Information Systems Agenda # 6.9 Meeting Date: 2/21/06 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager ;� TITLE: APPROVAL OF AMENDMENT #1 TO CONTRACT WITH D.H. MAINTENANCE SERVICES FOR JANITORIAL AND BUILDING MAINTENANCE SERVICES TO INCREASE THE AUTHORIZATION FOR AS -NEEDED WORK AS APPROVED BY THE CITY MANAGER OR DESIGNEE BY $50,000, FOR A TOTAL AUTHORIZATION OF $225,194 FOR THE PERIOD OF JULY 1, 2005 — JUNE 30, 2006. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for as -needed janitorial and building maintenance services are already included in the adopted 2005106 FY budget (including mid -year adjustment). BACKGROUND: On June 21, 2005, the City Council awarded a vendor services contract to D.H. Maintenance Services to provide janitorial and building maintenance services at the Diamond Bar Center, Heritage Park Community Center and IPantera Park Activity Room. Because of the increased use of the Diamond Bar Center, additional janitorial and building maintenance services have been required from D.H. Maintenance Services. The costs for these additional services have been recouped through fees charged for the additionjal use of the Diamond Bar Center. DISCUSSION: D.H. Maintenance Service$ has been very responsive to the additional need for service due to the increased use of the Diamond Bar Center. The Diamond Bar Center always looks great and a large part of the credit goes to the employees of D.H. Maintenance Services who are assigned to the Diamond Bar Center. Attachments: Amendment #1 to Janitorial and Building Maintenance Services Contract Janitorial and Building Maintenance Services Contract for the period of July 1, 2005 — June 30, 2006 Community Services Director AMENDMENT #1 TO VENDOR SERVICES CONTRACT THIS CONTRACT AMENDMENT is made this 21 st day of February, 2006 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and D.H. MAINTENANCE SERVICES ("CONTRACTOR") Recitals: a. CITY awarded a vendor services contract to CONTRACTOR for Janitorial and Building Maintenance Services on June 21,1, 2005 in the amount of $175,194 for the period of July 1, 2005 — June 30, 2006. b. Parties desire to amend the contriact to authorize as -needed work as approved by the City Manager or designee in the amount not to exceed $225,194 for 05106 FY, an increase of $50,000. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 -- Contract is amended to authorize as -needed work as approved by the City Manager or designee in the amount not to exceed $225,194 for 05106 FY. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO CONTRACT AGREEMENT on the date and year first written' above. ATTEST: CITY OF DIAMOND BAR D.H. MAINTENANCE SERVICES A Municipal Corporation Contractor Of the State of California Signed Signed Mayor Title APPROVED TO FORM City Attorney Linda Lowry, City Clerk CITY OF DIAMOND BAR COMMUNITY SERVICES DIVISION VENDOR SERVICES AGREEMENT THIS AGREEMENT is made as of June 2„1, 2005 by and between the City of Diamond Bar, a municipal corporation ("City") and D.H. Maintenance Services ("Vendor"). RECITALS A. City desires to utilize the services of the Vendor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposal dated March 5, 2004. B. Vendor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Vendor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Vendor are as described in Exhibit "B" the Vendor's Response, dated March 4, 2004 to the City's Request for Proposals, dated March 5, 2004 and Exhibit "C" the Contract Cost Calculation, (dated June 14, 2005. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Vendor are as set forth in Exhibits "B" and "C". 2, Terra of Agreement. This Contract shall take effect July 1, 2005, and shall continue until June 30, 2006 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Vendor for each service which Vendor performs to the satisfaction of City in compliance with the schedule set forth in Exhibits "B" and "C". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Vendor pursuant to this Agreement shall not exceed one -hundred seventy-five thousand one hundred ninety-four dollars (� 175,194). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Vendor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4177' Vendor: George Wallis, Owner D.H. Maintenance Services 2320 Back Nine Street Oceanside, CA 92056 6. Standard of Performance. Vendor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 7. Indemnification. Vendor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilitids that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or orrrissions of Vendor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Vendor, then all obligations, liabilities, covenants and conditions under this Section 7 shall be joint and several. 8. Insurance. Vendor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,0 limit coverage against any injury, death, loss or damage as a result of wrongful or negl0.00 combined single igent acts 0 0 Vendor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligenti acts of Vendor, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance wilth a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and arttomobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) dayFs prior written notice thereof. Vendor agrees that it will not cancel, reduce or otherwise modify the insurance coverage', B. All policies of insurance shall cover thebligations of Vendor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitte to do business in the State of California or which is approved in writing by the City; and shall be placed with a current AjM. Best's rating of no less that A VII. C. Vendor shall submit to City (1) insurance', certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (7) days prior to beginning of performance under this Agreement. Endorsements shall be executed on City 's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 9. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Vendor shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Vendor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Vendor shall discontinue performing services. 10. Personnel. Vendor represents that it has, or will secure at its own expense, all personnel required to ,perform the services under this Agreement. All of the s rvices required under this Agreement will be performed by Vendor or under it supervision, and all personnel engaged i the work shall be qualified to perform such services. Vendor reserves the right to determine the assignment of its own employees to the performance of Vendor's services under this Agreement, but City reserves the right, for good cause, to require Vendor to exclude any employee from performing services on City's premises. 11. Non -Discrimination and Equal Employment Opportunity. A. Vendor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Vendor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Vendor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. Vendor shall not assign' or transfer any interest in this Agreement nor the performance of any of Vendor's obligations hereunder, without the prior written consent of City, and any attempt by Vendor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Compliance with Laws. Vendor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 14. Non -Waiver of Terms, Rights and 'Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall',not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 15. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Vendors. 16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 17. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 19. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Vendor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 20. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 21. Extension Option, The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Vendor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Vendor's unit prices shall be subject' to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Vendor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Vendor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Inex is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may tem appropriate. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date fust written above "City" "Vendor„ CITY OF DIAMOND BAR D.H. MAINTENANCE SERVICES y Linda- wry, City Clerk EXHIBIT "C" 6114/05 JANITORIAL SERVICES FOR CITY OF DIAMOND BAR PUBLIC BUILDINGS CONTRACT COST CALCULATION FOR CONTRACT PERIOD OF JULY 1, 2005 TOROUGH JUNE 30, 2006 1. Regular monthly Service for Diamond Bar Center'— 12 months @ $2,124.50 per month = $25,494 2. Periodic services for Diamond Bar Center as requested by staff = $13,800 a. Carpet Cleaning: $1,400 per cleaning X 4 leanings/yr = $5,600 b. Power clean colored concrete: $2,600 per Meaning X 2 cleanings/yr = $5,200 c. High. Cleaning: $250 per cleaning X 12 cle4nings/yr = $3,000 3. Building Maintenance staffing at Diamond Bar Center seven days per week = $116,480 (7/l/05 and continuing through 6/30106) -- 4 staff @ 40 hrs/wk X $14.00/hr X 52 weeps = $105,280 4. Staff assistance as requested by City staff for events and activities @ $14.00 per hour = $10,720 5. Regular monthly Service for Heritage Park Commpnity Center — 12 mos. @ $475 per mo. _ $5,700 (Service seven days per week) 6. Regular monthly Service for Pantera Activity Rood -- 12 mos. @ $250 per mo. $3,000 (Service five days per week) GRAND TOTAL NOT -TO -I XCEED $175,194 CITY COUNCIL Agenda tt c, _,1�_ MeetingDate� February 21, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager /" TITLE: ADOPT RESOLUTION NO, 2006 -XX APPROVING FINAL TRACT MAP NO. 62482, FOR THE SUBDIVISION OF A 14.3 ACRE SITE INTO 180 CONDOMINIUMS (BROOKFIELD HOMES), LOCATED ON THE WEST SIDE OF GRAND AVENUE, SOUTH OF GOLDEN SPRINGS DRIVE, IN THE CITY OF DIAMOND BAR. RECOMMENDATION: Adopt Resolution; Authorize the Mayor to execute the Subdivision Agreement; and Direct the City Clerk to certify and process the map for recordation FINANCIAL IMPACT: There is no financial impact to the City. BACKGROUND: The Tentative Map application was made to the Planning Commission by Brookfield Diamond Bar Village, LLC at a duly noticed public hearing on May 24, 2005 which the Commission concluded its review of the application and adopted Resolution No. 2005- 24 approving the Tentative Tract Map No. 62482. The City Council conducted a duly noticed public hearing on this application on June 21, 2005 which the Council adopted Resolution No. 2005-38 approving Tentative Tract Map No. 62482. DISCUSSION: The conditions of approval require that certain improvements be constructed for this development. As the improvements have not been completed at this time, Brookfield Diamond Bar Village, LLC is prepared to enter into an agreement with the City to complete these improvements as a condition precedent to approval of the final map and has offered surety bonds to secure, performance of such improvements. The Subdivision Agreement provides for th completion of all improvements and setting of subdivision monuments within 2 yea s from the effective date of the Subdivision Agreement. Also, Labor and Material and Performance Bonds have been posted for Grading, Street, Sewer, Storm Drain, Monument and Landscape/Irrigation Improvements with a grand total estimated amount of $2,979,100.28. In addition to the surety posted for the improvements of the development, a fair share contribution in the amount of $162,297 for traffic mitigations and the traffic impact fee of $142,615 for off-site improvements are required to be paid to the City prior to issuance of Certificate of Occupancy. The Final Tract Map subdivides 14.3 acres of the 39.8 acre site into 180 condominiums with the remaining 25.5 acres of vacant land in sub planning area 4 as open space as outlined in the Diamond Bar Village Specific Plan and shown on the Final Tract Map as Parcel 3 of Parcel Map No. 14819 PMB 154/27-30. The proposed 180 condominiums consist of 70 single family homes and 110 town houses. Construction of the Site began in September 2005 and is expected to be completed in 11 phases with the last phase complete in May of 2008. The Final Tract Map 62482 has been reviewed by the appropriate agencies (Diamond Bar Public Works, Los Angeles County Department of Public Works, Walnut Valley Water District, etc.) and has been found to be technically correct and conforms substantially to the approved tentative tract map. The final map meets the requirements of the conditions of approval. PREPARED BY: Kimberly Molina, Assistant Engineer REVIEWED BY: D G. u, Director of Public Works Attachments: Resolution No. 2006 -XX Subdivision Agreement Tract Map Date Prepared: February 16, 2006 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY OF DIAMOND BAR FOR THE APPROVAL OF FINAL TRACT MAP 62482, FOR THE SUBDIVISION OF A 14.3 ACRE SITE INTO 980 CONDOMINIUMS, LOCATED IN THE CITY OF DIAMOND BAR, CALIFORNIA A. RECITALS (i) Brookfield Diamond Bar Village, LLC , 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 (the "Applicant" hereinafter), has heretofore filed an application for approval of Final Tract Map No 62482, (the "Application" hereinafter), as described in the title of this Resolution. (ii) On May 24, 2005 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Tentative Tract Map and, upon conclusion of said public hearing on May 24, 2005 the Planning Commission adopted it's Resolution No. 2005-24 recommending that the City Council approve Tentative Tract Map 62482. (iii) On June 21, 2005 the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Tentative Tract Map and, upon conclusion of said public hearing on June 21, 2005 the City Council adopted it's Resolution No. 2005-38 approving Tentative Tract Map 62482. (iv) All legal prerequisites to the adoption of this Resolution have occurred. 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 for in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Tract Map to be in substantial conformance with the Tentative Tract Map and this Council hereby specifically approves Final ,Tract Map 62482, as presented and authorizes and directs the Mayor and Jhe City Clerk to execute the Subdivision Agreement for installation Of public improvements required thereby. 3. The City Council hereby spl cifically finds and determines that, based upon the findings set forth elow, and changes and alterations which have been incorporated into and conditions upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 3 4. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to Brookfield Diamond Bar Village, LLC , 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 PASSED, APPROVED AND ADOPTED this 21St day of February, 2006. Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 21St day of February, 2006, by the following vote. AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABESENT: COUNCIL MEMBERS ABSTAINED COUNCIL MEMBERS ATTEST: City Clerk, City of Diamond Bar 4 SUBDIVISION AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herein) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set forth in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work, within a period of time specified by the City. C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into this Agre' ment whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Public Works Division, The Improvement Plans, and related specifications, are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council of the Tract Map of the Subdivision, Subdivider and City agree as follows: SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of SUBDIVISION AGREEMENT PAGE NO the Improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work", and shall complete all Improvements within the "Completion Period" specified in the Subdivision Reference Data, provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shad give Subdivider not less than thirty (30) days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed. All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Enoineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. E. Until such time as the City accepts a category of Improvements, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and fall taxes required by law. H. Not less than ten (10) days prilor to commencement of work on the Improvements, Subdivider shall give written notice to ',the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. SUBDIVISION AGREEMEN[' PAGE NO. 2. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may notify the City in writing of the completed work, including a list of the completed work, and request a final inspection by the City Engineer. Upon receipt of the written notice, the City shall have forty-five (45) days to review and comment or approve the completion of the required work. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Flans and all applicable City standards, then the City Engineer shall certify to the City Council's the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. The City shall not be required to engage in this process of partial acceptance of work more than once between the start of work and completion and acceptance of all world, though the City may choose to allow for a partial release at any time at its discretion. C. If the City Engineer determines that work has not been completed in accordance with the Improvement Plans and all applicable City standards, the City Engineer shall supply to Subdivider a list of all remaining work to be completed. Within forty-five (45) days of receipt of the list of remaining work from the City Engineer, the Subdivider shall provide cost estimates for all remaining work for review and approval!, by the City. Upon receipt of the cost estimates, the City shall have forty-five (45) days to review, comment, and approve, modify, or disapprove those cost estimates. D. The Subdivider shall complete the works of improvement until the City accepts all remaining items. Acceptance of all categories of the Improvements by the City Council shall be made upon recommendation and certificaltion of the City Engineer following inspection of the Improvements pursuant to subparagraphs B'':and C above. The City Council shall, within forty- five (45) days following certification by the City Engineer that all Improvements have been completed, not] fy the Subdivider, or his or her assigns, in writing. E. Acceptance by the City CoutIcll shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANT OF THE IMPROVEMENTS A. If, within a period of one (I) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, SUBDIVISION AGREEMENT PAGE NO. 3 replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one (1) year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the. Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred. C. The security furnished for tl�e faithful performance of the Subdivider's obligation to construct and install the Improvements(described herein shall include Subdivider's Iiability hereunder for the one (1) year guarantee and warranty of the Improvements. 4. TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without) limitation, delay resulting from an act of the City; acts of God or force majeure, and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time e�tension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compens e for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer, 5. IMPROVEMENT SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City; i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one (l) year after the SUBDIVISION AGREEMENT PAGE NO. 4 completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Pa anent: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66407. B. If the improvement securityis a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall he filed with the City Enineer and, upon filing shall be deemed a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment as required by subparagraph A above, for one hundred percent (100°/x) of the revised Estimated Total Cost of the Improvements. 6. REDUCTION OR RELEASE OF JMPROVEMENT SECURITY A. Partial releases or reductionsll in the Subdivider's improvement security may be authorized upon the City's acceptance of pats tial performance of Improvements, and prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. The process allowing for partial release of performance security shall not occur until such time as the cost estimate of the remaining work does not exceed twenty (20) percent of the total original performance security. C. Upon acceptance of all or any (specified category of the Improvements by the City Council, and upon approval of a revised cost) estimate for any remaining work, the public entity SUBDIVISION AGREEMENT PAGE NO shall release all performance security except for security in an amount of two hundred percent (200%) of the cost estimate of the remaining work. D- Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than twenty percent (20%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, or before all claims filed during the one year warranty period have been settled. E. Within forty-five (45) days of the issuance of the written statement of completion, the City shall place an item on the agenda of the next meeting of the City Council for the release of the remaining performance security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment. Upon approval of the agenda item, the required amount of performance security shall be reduced to an amount equal to the total amount claimed by all claimants fwhom Iiens have been filed and of which notice has been given to the City, plus an amounteasonably determined by the City Engineer to be required to assure the performance of any o�her obligations secured by the security. The retained portion of the security shall be released upon settlement or release of all claims and obligations for which the security was given. F. If Subdivider's obligations (relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the o ligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's m perforance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period the agency has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance o the obligation was done to its satisfaction. 7. INDEMNIFICATION OF CITY B I' SUBDIVIDER A. Neither the City, nor its o4iicers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities„ damages, actions, causes of action and judgements, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. SUBDIVISION AGREEMENT PAGE NO C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentiallyangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider sh111 not be responsible for routine maintenance. Subdivider's obligations hereunder shall re' ain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correctin or modifying any Improvement Plans or relate specifications, or in inspecting, review ng or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one year guarantee and warranty period. If, in any judicial proceeding involvl,ing rights or obligations of indemnity hereunder, any statutory immunity under the Tort Claimsct (Government Code sections 810, et seq.) asserted by the City, or its officers, agents or eployees, is determined by a court of competent jurisdiction to be inapplicable or unavaila le to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Section 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the p nod of construction, at its sole expense, policies of general liability insurance covering any an all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 for property damage. Such policies shall belin form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or laps (without thirty (30) days' written notice first having been delivered to the City. Both the type anc amount of insurance required by this subparagraph A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. SUBDIVISION AGREEMENT PAGE NO. B. The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph A. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. 10. DEFAULT AND BREACH BY JHE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be m deemed to be in default under this Agreee t; i) Subject to any time', extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Refettence Data; it) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by Section 3.A; iii) Subject to any time lextensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency appointment of a receiver, or the filing of any petition in bankruptcy; whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; V) Commencement of all foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City. SUBDIVISION AGREEMENT PAGE NO. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety, D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, city's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the Performance of the work. Subdivider hereby consents to entry by the '!City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivisiojn, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City." G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing for maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by SUBDIVISION AGREEMENT PAGE NO. 9 the City in connection therewith, even if Subdivider subsequently resumes and completes the work. 11. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of the Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force or effect. B. The sale or other disposition Ii,of the Subdivision shall not relieve Subdivider of its obligation hereunder. If Subdivider intendslto sell the Subdivision or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for; in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City of I Piamond Bar, City Clerk 21825 Copley Drive Diamond Bar, CA 91765 If to the Subdivider: Brookfield Diamond Bar Village, LLC 3090 Bristol Street, Suite 200 Costa Ntesa, CA 92626 Notice shall be effective on the date that it deposit in the United States Mail. is delivered in person or, if mailed, on the date of SUBDIVISION AGREEMENT PAGE, NO. 10 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction the remainder of the Agreement shall remain in full force and effect. 16. INCORPORATION OF SUBDIVI ION REFERENCE The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of California. 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become' effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpaft to the Subdivider. SUBDIVISION AGREEMENT PAGE NO. iN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. "SUBDIVIDER" - Authorized Representative Authorized Representative "CITY" - THE CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION By: Carol Herrera, Mayor Date: Attest By: City Clerk Date: Approved as to form: By: City Attorney Date: SUBDIVISION AGREEMENT PAGE NO. 12 ATTAC! MEN F A CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 62482 ("Final Map" herein) Tract No. 62482 , ("Subdivision" herein) Subdivider: Brookfield Diamond, Bar Village, LLC Subdivider Address: 3090 Bristol Street, Suite 200 Costa Mesa, CA 92616 CITY COUNCIL RESOLUTION OF APPROVAL NO. 2005-38 ("Resolution of Approval" herein) IMPROVEMENT PLANS No. (see SchedulO A "Improvement Plans" herein) IMPROVEMENT: Schedule A ESTIMATED TOTAL COSTS: GRADING $ 1,022,631.75 STORM DRAIN S 590,959.95 SANITARY SEWER $ 301,266.00 STREET IMPROVEMENTS $ 253,746.00 LANDSCAPE & IRRIGATION $ 784,996.58 MONUMENTATION $ 25,500.00 FORM OF SECURITY: BONDS NAME AND ADDRESS OF CORPORATE SURETY: General Insurance Company,, of America 4643 Adams Building, 3rd Floor 154'h Place, NE Redmond, WA 98052 SUBDIVISION AGREEMENT PAGE NO. 13 SURETY BOND NUMBERS: GRADING STORM DRAIN SANITARY SEWER STREET IMPROVEMENTS LANDSCAPE & IRRIGATION MONUMENTATION TM5040744/6313963 TM5040744/6313963 TM5040753/6313972 TM5040784/6314003 TM5053816/6398471 TM5040782/63134001 EFFECTIVE DATE OF AGREEMENT: February 21, 2006 COMMENCEMENT OF IMPROVEMENI1 WORK: Within ISO Calendar days of effecti�e date of agreement. COMPLETION PERIOD: 24 months after �ffective date of agreement. SI IBf)[VISION AGREEMENT PAGE NO 14 SCHEDULE A TRACT MAP GRADING PLANS FOR TRACT NO.2482 (10 SHEETS), PREPARED BY: Hunsaker & Associates, Irvine UNDER SUPERVISION OF Farhad Mohammadi, RCE No. 62622 DATED 8-31-05 AND APPROVED 9-1-05. STORM DRAIN IMPROVEMENT PLANS FOR TRACT NO. 62482 (9 SHEETS), PREPARED BY: Hunsaker & Associates Irvine UNDER SUPERVISION OF Patrick L. Pa --duan, RCE No. 56820 DATED 8-30-05 AND APPROVED 9-1-05. STREET IMPROVEMENT PLANS FOR TRACT NO. 62482 (9 SHEETS), PREPARED BY: Hunsaker &Associates IrvineUNDER', SUPERVISION OF OF Farhad Mohammadi, RCE No. 62622 DATED 12-1-05 AND APPROVED 12-5-05. SANITARY SEWER PLANS FOR TCT NO. 62482 (10 SHEETS), PREPARED BY: Hunsaker & Associates Irvine UNDER SUPERVISION OF Farhad Mohammadi, RCE No. 62622 DATED 9-20-05 AND APPROVED 9-26-05. LANDSCAPE & IRRIGATION PLAN FOR TRACT NO. 62482, PREPARED BY: COLLABORATIVE WEST UNDER SUPERVISION OF PENDING PENDING AND APPROVED PENDING. DATED SUBDIVISION AGREEMENT PAGE. NO. 15 PROVED TENTATIVE 31 TRACT NO. � 6 SHEET 5 OF FOR BASIS OF BEARINGS, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, RENT, MONUMENT NOTES, STATE OF CALIFORNIA NOTES, NOTES, EASEMENT HUNSAKER AND ASSOCIATES IRVINE, INC, ARY NOTES AND GPS RORY S. WILLIAMS, P.L.S. 8$54 DATE OF' SURVEY: JULY, 2005 SEE SHEET 4 } ti ! I 1RrC,,-p5:GG1��Q.Q'.0 Ss5gIIII apd, os n L1t 48 ' �i_Ma- d zo' za s I �W �I�r?wry 1 3 4 q 1� ' g, h O'"o x �u h `2� 9ati M y /v 19,096 AC. 1 /' ag�5ti -A 1 3 4 l� [i ry)0•' C o =_ M All PROVED TENTATIVE )l TRACT NO. 62482 SHEET 6 OF 1' :ORIN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, 4EN BASIST, MONUMENT NOTES, BEARINGS, STATE OF CALIFORNIA SEN NOTES, NOTES, EASEMENT HUNSAKER AND ASSOCIATES IRVINE, INC. ARY NOTES AND CIPS RORY S. WILLIAMS, P.L.S. 8854 DATE OF SURVEY. JULY, 2005 SEE SHEET 1 19.096 AC. 3 � N46.54'10'W 2i7.4y' 4 (PRIVATE DRI vEWA1) — ,n ___--__— �NaB°54,•t10°W 341,92' r N 2 J -i _- 048°54'10'W 299.14 PPROVEn TG1u"rern.c 8iol2482 _.._...� TRACT NO. 62482 FOR BASIS OF BEARINGS, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, MENT, MONUMENT NOTES ° STATE OF CALIFORNIA 1 NOTES, NOTES, EASEMENT HUNSAKER AND ASSOCIATES IRVINE, INC. ]ARY NOTES AND CIPS RORY S WILLIAMS i !h \ '5'- __ - 6-99°00' . : � S o 3 Nal°z1'oi"W _----j RAD PRC ^1 Nal erg K; x �4T 0 2 mI -' � W e1111 �I of 2 ZI +ry S. � tttl z o+ r� w �v �I ��� 6 111. �I,;T• W 0 zj _jI z 20' . F f 28.5' A 1 j5�'x70, T a� yl4� uu`o G mal l�a� I 4 N i7 W w j i _ -�p pp z 1 r i ----- --- ------ .f 99:1 nq I � I. SHEET 4 OF r�J 49 50' l.=25.08' SEE DETAIL HEREON dq "i 7 y R=45.0021558,28" 'SCC m N48'34' 10 -W _ N 10"W 21442' lPR1YATE DRIWWA-0 N84pD �. `�0,1W ,41 92' - 0.4al .4=89°5125`Nag°54'10"W 299.. IN�a' 2 z R=14.50't=22.14' ^� _ 19.096 AC. N94°29'5>• .08 )R' N61°5557 W 239.9E 'I I .Ai 4p' r�1f } {N62•o6'oD^w]Rl ol PyycIaa I�I �y Iry Pr1T?C—FL 11 Ap 1 a J ,3-jo PM8 1-54A/77-30 [N6o°22'00"WIRI N60'11.57'W (100.0 6654 DATE OF SURVEY. JULY, 2005 m Rcsn o N SEE SHEET 3 m$ M' IIz. I 2 3 4 4 25' - i� W pias 8 (PRI ATE DRI W s6.90' o°,; 4 123 EWA �.�•� I� s 0°70'39' °a`l 43l c. � N39°49'21"E B.DO'V:-, 2 or. ---• �y x=3.15' I4 zi ro . 39"W 81.00' �-�' zFJ50°7 D'}g^yy 70.02' 2 a� `? `�-_ N39°53'21•W �Pa'�9. .�,� � _- S�.g •�% � 4°„ � RAD PCC !h \ '5'- __ - 6-99°00' . : � S o 3 Nal°z1'oi"W _----j RAD PRC ^1 Nal erg K; x �4T 0 2 mI -' � W e1111 �I of 2 ZI +ry S. � tttl z o+ r� w �v �I ��� 6 111. �I,;T• W 0 zj _jI z 20' . F f 28.5' A 1 j5�'x70, T a� yl4� uu`o G mal l�a� I 4 N i7 W w j i _ -�p pp z 1 r i ----- --- ------ .f 99:1 nq I � I. SHEET 4 OF r�J 49 50' l.=25.08' SEE DETAIL HEREON dq "i 7 y R=45.0021558,28" 'SCC m N48'34' 10 -W _ N 10"W 21442' lPR1YATE DRIWWA-0 N84pD �. `�0,1W ,41 92' - 0.4al .4=89°5125`Nag°54'10"W 299.. IN�a' 2 z R=14.50't=22.14' ^� _ 19.096 AC. N94°29'5>• .08 )R' N61°5557 W 239.9E 'I I .Ai 4p' r�1f } {N62•o6'oD^w]Rl ol PyycIaa I�I �y Iry Pr1T?C—FL 11 Ap 1 a J ,3-jo PM8 1-54A/77-30 [N6o°22'00"WIRI N60'11.57'W (100.0 IF APPROVED TENTATIVE NO, 6 1"=50' 2482 TRACT NO. 62482 SHEET IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, ITA 2 FOR BASISTEMENT, MONUMENT BEARINGS,ENT NOTES, STATE OF CALIFORNIA iTA DATA NOTES, NOTES, EASEMENT HUNSAKER AND ASSOCIATES IRVINE, INC. 3OUNDARY NOTES AND GPS RORY S. WILLIAMS, P.L.S. '6654 L MAP. DATE OF SURVEY: JULY, 2005 LOT 1 IS FOR CONDOMINIUM PURPOSES ONLY ----}�_ X23.31'53'- CRANE J .-- °32"07'z8° s 3# h'i�ry N36°59.50"E „R RAI) PRC N34°14'5_,3"F 6=2°44 57r m�=146.35 :- N51°46'58'W N55° 1'23'W 35.40' RAD -•"_=_:='-"-� -� RA0 �J PCC A -o'41 De V .,6y�. ti 4 L=16B2.07']R3 AVENUE RAO �In ^L=274,75'132 - N34.38'37"E 24.98' < a ;' f "1 1 # •-n onl v,$ Imo'' -�_o I nj _ N34'38'3TE _--_25.15 x4p N O- f -- -1 .I 'V- 31 RAO PRC 20. RT 1 1 3 5 �� 5 " 2 10.50' N29.56'i 7"W n -- - �;'� RAD PRC h y N_ - 26604'W o ; �-t.________ ---- RAO PRC ' Oip � Zi Q XI m / t w / M1 T, - '' - •`__-,�-_1F5°3559" �� 5' RAD oo 5" -__Nag 10'23'W RAD PRC� X15 R:p25p, J o cc� 5' 20• I 28_ �r4 5. a I jIt „sry -odN It p a 19.096 AC. k5 � 1 3 4 S �� 0 1 3 4 25 26 ;I Ns4•Da oc•w j�� --RAO PRC a •' PCE PARCEL MA. P js 1-91, 'ROVED TENTATIVE SHEET 2 OF 0482 TRACT NO. 62482 IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, 1 8=1°43'53" I L=90.66, •`;� __ • ._-,-� N56°06'13"E 50.00' RAD (TIE) _"_: __Y ; 6=2°2T34" RLI ,, 90' - L=31.65' IN WELL PER CEFB 4408--23 L=67.41' RAD IIn N53°12" F RPD PRC; "%; • ,�� wv I �� STATE OF CALIFORNIA PRO 869°04'22"�°'.� �+ HUNSAKER AND ASSOCIATES IRVINE, INC. 0 l,"4 L=35.76' RORY S. WILLIAMS, P.L.S. 6654 DATE OF SURVEY- JULY, 2006 f � N , y�l / O NGS HORIZONTAL04 CONTROL JPLM q 236 R16 1 �`7�?i71 �j\ CSy:0O' N 1,696,963.28 NCS HORIZONTAL CONTROL STATION (LAR E 6,509.294.53 �_ N 1,662,572.69 PCL 3 PARCEL MAP � E 6,649,815.48 �; N77°il'F7"w ��" aen orr --�- _ n! O:.Q� hg O� N5.7'23'27"E RAO h FO BRA5S 10ISK MONUMENT 1 8=1°43'53" I L=90.66, •`;� __ • ._-,-� N56°06'13"E 50.00' RAD (TIE) _"_: __Y ; 6=2°2T34" RLI ,, 90' - L=31.65' IN WELL PER CEFB 4408--23 L=67.41' RAD IIn N53°12" F RPD PRC; "%; • ,�� wv I �� W22 R= R=23.00' L=35.76' ,1 \ N37°43'36"W'' 4^ 54.00' RAO PRO 869°04'22"�°'.� �+ R=23.00'.'" \ 0 l,"4 L=35.76' V // I O 81°54'22" R=3067.00' y4= •a°' L- 102 f � sB�O Jpp�B+'i y�l / O a;'S 1 1`1 V I I I 1` 1 R AS O\ PER `N34°31'03" ' N10"10'03"F'\�. 139.97 `"•N7i �` 35 , A - da28°57'17" R=28956' L=146.33' N10°53'06^w RAO N41°49'46"E_". 18.22' P % b '!• N85°52'34"W _ '=•N36.31'02"E '72,84' 151.03' 58.54' _ - -N77°39'42"E •07'39"W 111.26' 72' '57"W 'VS,• N60'11'57"W N59'49'1.6"E ,- 100.00' CURVE TABLE No. oFLTa - FZAolus C1 17.46'27^ 3050.0 '11"0' . [17'493n5a.90' C2 1°7 TS7" 3050.00' N38°12'2 22. d -53°39'54" Ob R° R=26.00". 55 /DO 1=24.35', `•;. _�i(g� eF E'LY CORNER OF PARCEL , OF R1, ESTAB. BY PROPORTION PER SAID PARCEL MAP 7'33"W - �- RAD PRC 87.01'• .- f ,-'A-10'06'47' N58 013 R=369.00' 76.46' - g5�'�,5� L-65.13' Z ?. N17'5S49'E RAD (R=26') P N31°34'03"E 8-6°25'44" R=3050.00' L-342.22' dF6.26'00" R=J050.00' L=342.46']R1 NE'LY CORNER OF PARCEL 2 OF R1. ESTAB, BY PROPORTION PER SAID PARCEL MAP -3°26'20" FRs3060.00' R=3050.00' :'" L=182.93' L -183.09 t---_----- 46 2" LP. & TAG "RCE 14814' ` \ ;'TRACT NO. 42536 MB 1015/95 117.63141 44°04'06" L N24'17'03"E_,, -_,_- 6.51' 37.62' 1$4'903°E j 3'58"E N80 5 ._ N29°o7"s7"w J ='123.53' 1 N70°56'03"E------------- 127.15' 22.42 ACRES GROSS d� i3m. x 29'57" N35°40'03"E i 70A6^.I, loo -18'"=------ --- N73°26'57"W, NO1 °49'03"E, = - Nt 37'57"W 6 <; 50.00' '1 '•-, RAD (-_-� RAD (TIE) A =3°09'52" [A -3°10'00" R=3050.00' 3=3050.00' Hz8° L=168.45' L=168.5T]R1 Z55 " NE'LY CORNER OF PARCEL 3 OF Ri. ESTAB. BY PROPORTION PER SAD PARCEL MAP E'LY CORNER OF PARCEL 7 OF PARCEL MAP NO. 14619 PM8 154/27-3C. ESTAB. BY PROPORTION ~^� ---__N82°39'57"W "�`, -85.16 A -3n°50'14" ''- R=3050.00' PRO L=1641.54' --- ------ h �\ 0 l,"4 R-3050,00' la'Pr h I,, 1 -0`00'3" SEE DETAIL 'A" HEREON sB�O Jpp�B+'i <! �,• N38°12'2 22. d -53°39'54" Ob R° R=26.00". 55 /DO 1=24.35', `•;. _�i(g� eF E'LY CORNER OF PARCEL , OF R1, ESTAB. BY PROPORTION PER SAID PARCEL MAP 7'33"W - �- RAD PRC 87.01'• .- f ,-'A-10'06'47' N58 013 R=369.00' 76.46' - g5�'�,5� L-65.13' Z ?. N17'5S49'E RAD (R=26') P N31°34'03"E 8-6°25'44" R=3050.00' L-342.22' dF6.26'00" R=J050.00' L=342.46']R1 NE'LY CORNER OF PARCEL 2 OF R1. ESTAB, BY PROPORTION PER SAID PARCEL MAP -3°26'20" FRs3060.00' R=3050.00' :'" L=182.93' L -183.09 t---_----- 46 2" LP. & TAG "RCE 14814' ` \ ;'TRACT NO. 42536 MB 1015/95 117.63141 44°04'06" L N24'17'03"E_,, -_,_- 6.51' 37.62' 1$4'903°E j 3'58"E N80 5 ._ N29°o7"s7"w J ='123.53' 1 N70°56'03"E------------- 127.15' 22.42 ACRES GROSS d� i3m. x 29'57" N35°40'03"E i 70A6^.I, loo -18'"=------ --- N73°26'57"W, NO1 °49'03"E, = - Nt 37'57"W 6 <; 50.00' '1 '•-, RAD (-_-� RAD (TIE) A =3°09'52" [A -3°10'00" R=3050.00' 3=3050.00' Hz8° L=168.45' L=168.5T]R1 Z55 " NE'LY CORNER OF PARCEL 3 OF Ri. ESTAB. BY PROPORTION PER SAD PARCEL MAP E'LY CORNER OF PARCEL 7 OF PARCEL MAP NO. 14619 PM8 154/27-3C. ESTAB. BY PROPORTION ~^� ---__N82°39'57"W "�`, -85.16 r_ PER SAID PARCEL MAP '• _-Nl2°52'03"E -' '- 43.63' h �\ 2a h 209.00 O 1 N86°46'03"E 'ry R! S\ la -v .1p Ag. aAr SO <! �,• O a;'S 2 �`7�?i71 �j\ CSy:0O' PCL 3 PARCEL MAP � N36 3, 3,°E...... �; N77°il'F7"w ��" aen orr --�- _ n! O:.Q� F APPROVED TENTATIVESHEET 1 TRACT NO. 82482 N 62482 IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER AND ASSOCIATES IRVINE, INC RORY S. WILLIAMS, P.L.S. 6654 DATE OF SURVEY: JULY, 2005 BEING A SUBDIVISION OF PARCEL; "C" OF LOT LINE ADJUSTMENT 05-001 RECORDED AUGUST 8, 2005 AS INSTRUMENT NO. 051846648 OF OFFICIAL RECORDS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY, CALIFORNIA FOR CODOMINUM PURPOSES SURVEYOR'S STATEMENT: IER'S STATEMENT: HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIF FINAL MAP, CONSISTING OF 6 SHEETS, IS A TRUE AND COMPLETE SURVEY AS SHO =REBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED MADE BY ME OR UNDER MY DIRECTION IN JULY, 2005; THAT THE MONUMENTS OF J THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND WE AND LOCATIONS SHOWN HEREON ARE IN PLACE OR WILL BE IN PLACE WITHIN TWEC ENT TO THE PREPARATION AND PLING OF SAID MAP AND SUBDIVISION.. FROM THE FILING DATE OF THIS MAP; THAT SAID MONUMENTS ARE SUFFICIENT TO =REBY DEDICATE TO THE CITY OF DIAMOND BAR THE EASEMENTS FOR INGRESS AND EGRESS SURVEY TO BE RETRACED AND THAT TIE NOTES TO ALL CENTERLINE MONUMENTS P :.MERGENCY PURPOSES SO DESIGNATED ON SAID MAP AND ALL USES INCIDENT THERETO. SET" WILL 8F ON FILE !N THE OFFICE OF THE CITY ENGINEER WITHIN TWENTY -POUF THE FILLING DATE SHAWN HEREON. KFIELD DIAMOND BAR VILLAGE LLC, A DELAWARE LIMI D I ILITY COMPANY BY: I/rcE PR fDENT 50#w R1EN NAME: 6, 0 TITLE: G�•Q —DIAMOND BAR, LLC., BENEFICIARY UNDER A DEED OF TRUST RECORDED KR 7, 20959 AS (INSTRUMENT NO. 05--2422082, OF OFFICIAL RECORDS. +C" i IS NAME: E: TITLE: IRY OF CALIFORNIA ss 5 D BEFORE ME, • Rt PERSONALLY APPEARED !<_.iiQrSlL'L AND -PERSONALLY KNOWN TO ME (OR-PIiQ4�4"Tph s�rT^^o-,�•o,c •�_^�•• ^•• ^•^-) 70 RE THE PERSONS) WH PSE NAME(5) 13�ARE ZIBED TO THE WITHIN INSTRUMENT^AND ACKNOWLEDGED TO ME THAT 4+E{�FiE/THEY Ep THE SAME !N HJSfHE�t/THEIR AUTHORfZED CAPACITY(IES), AND HAT 8Y if�fMCR/THEIR URE(S) ON THE INSTRUMENT THE pERSQN(S), OR ENTITY UPON BEHALF OF WHICH THE J(S) ACTED, EXECUTED THE INSTRUMENT, S MY HAND— URE C ille -' MY PRINkIPAL PLACE OF BUSINESS IS f PUBLIC -IN AND FOR SAID STATE IN COUNTY. �'ad/e MY COMMISSION EXPIRES: 67• PRINTED) OF CALIFORNIA ) ) 55 OF SAnf 3 bedew Ef. S.aOoSBEFORE ME, AIR A_. JaMf$� PERSONALLY APPEARED 7 p �5F RORY _ WILUAMS P.L.S. N0. 6654 DAIF LICENSE EXPIRES 12/31/05 „ �G E J9�£ CITY ENGINEER'S STATEMENT: I DAVID G. LIU, CITY ENGINEER OF THE CITY OF DIAMOND BAR, STATE OF CALIFORN HAVE EXAMINED THIS MAP, THAT !T CONFORMS SUBSTANTIALLY TO THE TENTATIVE APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF APPLICABLE STATE LF SUBDIVISION ORDINANCES OF THE CITY OF DIAMOND BAR APPLICABLE AT THE TIME THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, DAVID G. LIU R.C.E. 44053 DATE: CITY ENGINEER EXPIRATION DATE: CITY SURVEYOR'S STATEMENT: I STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT IT CONFORMS W PROVISIONS OF THE SUBDIVSION MAP ACT AND 1 AM SATISFIED SAID MAP IS TECHN MICHAEL L. AVARR P.L.S. NO. 7848 DATE:' LICENSE EX (RES: 12/31/O6 SPECIAL ASSESSMENT STATEMENT: I HEREBY STATE THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION [ DIAMOND BAR, TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY P, SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL. CITY CLERK DATE: CITY OF DIAMOND BAR CITY CLERK'S STATEMENT: I. , CITY CLERK OF THE CITY OF DIAMOND BAR 00 HEREBY STATE MAP WAS PRESENTED FOR APPROVAL TO THE DIAMOND BAR CITY COUNCIL AT A REGI Agenda # 6_.1 j Meeting Date: February 21 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of he City Council FROM: Linda C. Lowry, City Manag TITLE: APPROVE AN AMENDMENT TO FISCAL YEAR 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO INCREASE FUNDING TO $26,375 FOR THE DIAMOND BAR YMCA CHILD CARE PROGRAM BY REALLOCATING $8,000 FROM THE DIAMOND BAR YMCA DAY CAMP PROGRAM AND ADOPT RESOLUTION NO. 2006 -XX RECOMMENDATION: It is recommended that the City Council approve the program reallocation amendment and adopt the Resolution. BUDGET IMPLICATION: The $8,000 program reallocation amendment will be incorporated into the City's Fiscal Year 2005- 2006 CDBG Program budget. This reallocation will increase the YMCA Child Care budget to $26,375 and reduce the YMCA Day Camp budget to $4,050. These funds are available for reallocation to the YMCA Child Care Program as the YMCA Day Camp Program will not expend its entire CDBG budget before the end of the fiscal year. The CDBG Program does not impact the City's General Fund budget. BACKGROUND: On January 4, 2005, the City Council approved Fiscal Year 2005-2006 Community Development Block Grant (CDBG) funding in the amount of $418,450. Fifteen per cent (15%) of CDBG funds is allocated toward public service projects including Senior Programming, YMCA Child Care and YMCA Day Camp. The public services allocation provided $18,375 for the YMCA Child Care Program and $12,050 for the YMCA Day Camp Program. The YMCA Child Care Program provides child care services for school age children from low- and low- to moderate -income families. The YMCA Day Camp Program offers day camp activities during the summer months of July -September, and during Winter and Spring breaks when school is not in session. CDBG funds are used to subsidize weekly program fees paid by the low- and low- to moderate -income families for the children enrolled in the YMCA programs. DISCUSSION: The Diamond Bar/Walnut YMCA has identified a need for CDBG funding to assist families with children attending Preschool Child Care. These participants are from ages 2 years, nine months to 5 years old. Currently, CDBG funds are only used to pay for child care program fees for school age children from 5 years to 13 years old. The Diamond Bar/Walnut YMCA has requested that $8,000 from the YMCA Day Camp Program be reallocated to provide funding for Preschool Child Care. The Child Care Program allocation will be amended to $26,375 and allow CDBG funding for both preschool age and school age children. Approximately 10 preschool age children will be assisted with the additional funding. Reallocation of the $8,000 from the YMCA Day Camp will reduce the day camp budget from $12,050 to $4,050. Less CDBG funds have been needed to assist children in the YMCA Day Camp Program. These funds would be better used to assist families with preschool children. It is recommended that the City Council approve the reallocation of CDBG funds for the Diamond Bar YMCA Child Care from the Diamond Bar YMCA Day Camp. City staff will execute the CDBG documents required for the program amendments. Necessary public notification was provided in January to permit City Council to take this action. Prepared by: Reviewed by: Nancy Fongf JAI(YP Interim Co unity Attachments: Dave Doyle, Assistant City Manager pment Director Resolution 2006 -XX Public Notice and Affidavit of Posting Reallocation Request from Diamond Bar/Walnut YMCA 2 RESOLUTION 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2005-2006 TO INCREASE FUNDING TO $26,375 FOR THE DIAMOND BAR YMCA CHILD CARE PROGRAM BY REALLOCATING $8,000 FROM THE DIAMOND BAR YMCA DAY CAMP PROGRAM 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 receives an allocation of Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals; and WHEREAS, public service projects for child care services and day camps for youths meet the CDBG eligibility criteria for project funding; and WHEREAS, the Diamond Bar YMCA Child Care and YMCA Day Camp Programs provide services and activities to children from low- and low- to moderate -income families; and WHEREAS, the CDBG funds are used to subsidize the YMCA Child Care and YMCA Day Camp program fees for low- and low- to moderate -income families; and 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 amended as follows: YMCA Child Care Program Increase CDBG budget allocation by $8,000 from $18,375 to $26,375 in order to expand child care program services to include preschool age children. YMCA Day_Camp Program Decrease CDBG budget allocation by $8,000 from $12,050 to $4,050, and reallocate the $8,000 to YMCA Child Care. 3 Section 2. That the City Manager or her designee is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles Community Development Commission that are required for the implementation of the programs set forth herein. Section 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 21 st day of February, 2006 Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution No. 2006- 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 21st day of February, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 0 Linda C. Lowry, City Clerk City of Diamond Bar CITY COUNCIL Agenda # 6.12 Meeting Date: Feb. 21, 2006 AGENDA REPORT TO: Honorable Mayor and Members oft e City Council VIA: Linda C. Lowry, City Man0ge TITLE: Resolution No. 2006 -XX: IW Resolution of the City Council of the City of Diamond Bar Opposing Assembly Bill 2015, to Expand the Size of the AQMD Governing Board RECOMMENDATION: Adopt. FINANCIAL SUMMARY: No Financial Impact BACKGROUND: Under existing law, the South Coast Air Quality Management District (SCAQMD) Governing Board c nsists of 12 members. Nine are elected officials; four are County Supervisors representing Los Angeles, Orange, Riverside and San Bernardino Counties; and, five are City Council Members representing the cities in each county. Because of its size, Los Angeles County has two representatives. The remaining three board members are appointed by the Governor, the Speaker of the Assembly and by the Senate Rules Committee. DISCUSSION: The South Bay Cities Council of Government (SBCCOG) has proposed legislation to expand the A MD Governing Board by adding one additional city representative from each county, th s increasing the Board from 12 to 16 members. In January, 2006, the SCAQMD's Governing Board voted to oppose the SBCCOG's proposal to expand the Board. Also, 'other parties, representing a wide spectrum of interest groups and stakeholders from the region generally oppose the proposal based on the creation of additional costs and fees; the absence of an issue to require Board reconfiguration; no new benefits or air quality improvements that will arise from expanding the Board; a disruption of the close balance of representation between the downwind areas of the basin and th areas where pollution is created in greater amounts; an imbalance of representati n between the Inland Empire and the eastern region; and lastly, the proposal has numerous flaws and omissions that will undermine its stated purpose. The SCAQMD has requested that the City take a position of opposing AB 2015 and forward a copy of Resolution No. 2006 -XX to our State Legislators. PREPARED BY: Tommye Cribbins, Executive Asst. Attachments: Resolution No. 2006 -XX AB No. 2015 Resolution No. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING ASSEMBLY BILL 2015, TO EXPAND THE SIZE OF THE AQMD GOVERNING BOARD WHEREAS, the South Coast Air Quality Management District (AQMD) is the regional government agency responsible for air pollution control in Orange and portions of Los Angeles, Riverside and San Bernardino Counties; WHEREAS, the AQMD's Governing Board adopts policies and regulations that promote clean air within its four -county area, the smoggiest in the nation; federal and state law requires that AQMD achieve clean air standards to protect public health; WHEREAS, before it makes decisions that affect local residents and businesses, the AQMD must consider public comments.�The opportunity to comment begins in public workshops and ends with a public hearing by the Governing Board; WHEREAS, the Board has 12 member with nine elected officials, including four county supervisors representing Los Angeles, range, Riverside and San Bernardino Counties, elected to AQMD's Board by heir Boards of Supervisors; five City Council members representing the cities in each county (because of its size, Los Angeles County has two representatives); and three members appointed by the Governor of California, the Speaker of the State Assembly and the State Senate Rules Committee; WHEREAS, AB 2015 increases the exiting number of Board Members and would provide no air quality benefits to the residents who live within the AQMD's jurisdiction; WHEREAS, no geographical area within the AQMD's jurisdiction is without representation by a member of the Governing Board; WHEREAS, no problem or issue has been identified to date that requires additional Board Members to resolve; WHEREAS, increasing the number of Board Members may weaken the representation for the people living in the most polluteareas; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar urges the State Legislature of California'to oppose AB 2015 because it increases the current size and composition of the AQMD Governing Board. PASSED, APPROVED, and ADOPTED this day of , 2006. Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:COUNCIL MEMBERS: LINDA C. LOWRY, CITY CLERK CITY OF DIAMOND BAR CALIFORNIA LEGISLATURE -2005-06 REGULAR SESSION ASSEMBLY BILL No. 2015 Introduced by Assembly Member Lieu (Coauthor: Assembly Member Koretz) (Coauthor: Senator Kuehl) February 10, 2006 An act to amend Section 40420 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTII AB 2015, as introduced, Lieu. Air quality: South Coast Air Quality Management District: board membership, (1) Existing law, the Lewis -Presley Air Qualify Management Act, establishes the South Coast Air Quality Management District in those portions Of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the South Coast Airasin, and designates that district as the sole and exclusive local agency with the responsibility for comprehensive air pollution control within that basin. Existing law requires the south coast distri t to be governed by a district board consisting of 12 members, including 3 members appointed, one each, by the city selection committees of Orange, Riverside, and San Bernardino Counties, one member appointed by cities in the western region of the County of Los Angeles, and one member appointed by the cities in the eastern region of the County of Los Angeles. Under existing law, the specified cities in the western and eastern regions of Los Angeles County are required to organize a city selection committee, one per region, and hold a public meeting in order to determine the appointment from each gion. Existing law prescribes the cities that comprise the western reg on of the County of Los Angeles, and provides that those cities not ine udcd in the western 99 AB 2015 —2— region are deemed to constitute the eastern region for the purpose of appointing members to the district board. This bill would increase the number of members on the south coast district board to 16, 3 members appointed, one each, by the city selection committees of Orange, Riverside, and San Bernardino Counties and one member appointed by the city council of the City of Los Angeles. The bill would add the cities of Calabasas and Malibu to the list of cities included in the western region of the County of Los Angeles and would authorize, on or after January 1, 2007, and annually thereafter, the city selection committee of the western region of Los Angeles County and the city selection co mittee of the eastern region of Los Angeles County to meet jointly in order to determine which cities are to be included in each of the regions. Because the bill would impose additional duties on cities within the south coast district, this bill would establish a state -mandated local program. The bill would also provide that its provisions would not be interpreted to limit the rights or terms of south coast district board members appointed as of January 1, 2007. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 40420 of the Health and Safety Code, 2 as added by Section 2 of Chapter 686 of the Statutes of 2003, is 3 amended to read: 4 40420. (a) The south coast district shall be governed by a 5 district board consisting ofd 16 members appointed as follows: 6 ( 1) One member appointed by the Gove or, with the advice 7 and consent of the Senate. 8 (2) One member appointed by the Scoate Committee on 9 Rules. 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -3— AB 2015 (3) One member appointed by the Speaker of the Assembly. (4) Four members appointed by the boards of supervisors of the counties in the south coast district. Each board of supervisors shall appoint one of these members, who shall be one of the following: (A) A member of the board of supervisors of the county making the appointment. (B) A mayor or member of a city council from a city in the portion of the county making the appointment that is included in the south coast district. (5) T4treeSix members appointed by cities in the south coast district. The city selection committee of Orange, Riverside, and San Bernardino Counties shall each appoint one of these members, who shall be either a mayor or a member of the city council of a city in the portion of the county lincluded in the south coast district. (6) A member appointed by the cities of the western region of Los Angeles County, consisting of the Cries of Agoura Hills, Avalon, Beverly Hills, Calabasas, Carso , Compton, Culver City, El Segundo, Gardena, Hawthorne, Hermosa Beach, Hidden Hills, Inglewood, Lawndalc, Lomita, Los Angeles, Malibu, Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Santa Monica, Torrance, West Hollywood, and Westlake Village. These cities shall organize as a city selecti n committee for the purposes of subdivision (f), and shall be known as the city selection committee of the western region of Los Angeles County. The list of cities to be included in the we tern region may be altered as provided in subdivision (i). The member appointed shall be either a mayor or a member of the city council of a city in the western region. (7) A member appointed by the cities of the eastern region of Los Angeles County, consisting of the ci ies in Los Angeles County that are not listed in paragraph O. These cities shall organize as a city selection committee for the purposes of subdivision (f), and shall be known as the city selection committee of the eastern region of Los Angeles County, The list of cities to be included in the eastern regi n may be altered as provided in subdivision (i). The member appointed shall be either 99 AB 2015 4 1 a mayor or a member of the city council of a city in the eastern 2 region. 3 (8) A member appointed by the city council of the City of Los 4 Angeles. 5 (b) All members shall be appointed on the basis of their 6 demonstrated interest and proven ability in the field of air 7 pollution control and their understanding of the needs of the 8 general public in connection with air pollution problems of the 9 South Coast Air Basin. 10 (c) The member appointed by the Governor shall be either a I l physician who has training and experience i the health effects of 12 air pollution, an environmental engineer, a chemist, a 13 meteorologist, or a specialist in air pollution control. 14 (d) Each member shall be appointed on Cie basis of his or her 15 ability to attend substantially all meetings of the south coast 16 district board, to discharge all duties and esponsibilities of a 17 member of the south coast district board on a regular basis, and 18 to participate actively in the affairs of the south coast district. No 19 member may designate an alternate for anyurpose or otherwise 20 be represented by another in his or her capacity as a member of 21 the south coast district board. 22 (e) Each appointment by a board of supervisors shall be 23 considered and acted on at a duly noticed, regularly scheduled 24 hearing of the board of supervisors, which shall provide an 25 opportunity for testimony on the qualifications of the candidates 26 for appointment. 27 (f) The appointments by cities in the south coast district shall 28 be considered and acted on at a duly noticed meeting of the 29 applicable city selection committee, which shall meet in a 30 government building and provide an opportunity for testimony 31 on the qualifications of the candidates for appointment. Each 32 appointment shall be made by not less than i majority of all the 33 cities in the portion of the county includec in the south coast 34 district having not less than a majority of the opulation of all the 35 cities in the portion of the county includec in the south coast 36 district. Population shall be determined on the basis of the most 37 recent verifiable census data developed by the Department of 38 Finance. Persons residing in unincorporated areas or areas of a 39 county outside the south coast district shall not be considered for 40 the purposes of this subdivision. 99 1 2 3 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 -5— AB 2015 (g) The members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall have one or more of the qualifications specified in subdivision (c) or shall be a public member. None of those appointed members may be a locally elected official, (h.) All members shall be residents of the district. H) This seetim shall beeeme (i) On or after January 1, 2007, and annually thereafter, the city selection committee of the western region of Los Angeles County organized under paragraph (6) and the city selection committee of the eastern region of LosAngees County organized under paragraph (7) may meet jointly in order to alter the list of named cities to be included in each region. SEC. 2. Nothing in this act shall be interpreted to limit the rights or terms of south coast district board members appointed as of January 1, 2007. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Sectio 17500) of Division 4 of Title 2 of the Government Code. x 99 Agenda # 6 . 13 _ Meeting Date: February 21, 2006 CITY COUNCIL �,N 1� AGENDA REPORT TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manage TITLE: APPROPRIATE $162,959 FOR THE INSTALLATION AND INSPECTION OF ELECTRICAL SUBSTRUCTURE FACILITIES WITHIN SOUTHERN CALIFORNIA EDISON EASEMENT ACROSS TARGET PROPERTY LOCATED ON THE SOUTHEAST CORNER OF GRAND AVE AND GOLDEN SPRINGS DRIVE RECOMMENDATION: Appropriate FINANCIAL IMPACT: Upon appropriation of funds in the amount of $162,959 from General Funds Reserves, the City will advance this cost to install and inspect the electrical substructures by Southern California Edison (SCE). Concurrently, City Attorney Jenkins has transmitted a draft Memorandum of Understanding (MOU) for execution by both agencies. This MOU includes a condition for the City to pursue all available options to seek reimbursement of the underground facilities cost. BACKGROUND/DISCUSSION: The transmission tower installed by SCE at the southeast corner of Grand Avenue and Golden Springs Drive is located within the City right of way and interferes with the City's plans to widen Grand Avenue. The City and SCE are disputing which entity is obligated to bear the cost of relocating the tower. SCE has informed the City that relocation of the tower will require installation of electrical substructures across Target property, and that it would be most practical and economical to perform the underground work before the area in question is developed and paved. While the issue of relocation of the SCE transmission tower is being reviewed by both agencies, staff believes that it is prudent and in the best interest of all parties involved to install the underground facilities now to prevent disruptions/delays in the opening of the Target Store scheduled for October, 2006 and unnecessary future costs. Staff will continue working with SCE to finalize the MOU and bring it back for Council's approval. PREPARED BY: Fred Alamolhoda, Contract Project Manager Date Prepared: February 16, 2006 REVIEEW�� David G. riu, Director of Public Works Attachment: Exhibit A — SCE invoice letter of February 6, 2006 FEB -0,6-2006 MON 09.38 AM lj 5OUTHERN CAUFORNIA EDISON An rVrsoN INTERNAVONAL CoMpfly VIA E-MATL AND FACSIMILE CITY OF DIAMOND 13AR 21825 COPLEY DRIVE DIAMOND BAR, CA. 91765 Attention: Fred Alamolhoda, PE P. 002 z��/�/6i7- `1q /11 February 6, 2006 SUBJECT_ Su tr ct acilities ONI Y— Cost Estimate Invoice Letter Line Name: Diamond Bar-Sopipe Trophy 66kV; Chino -Diamond Bar-Ganesha 66kV Customer Name: City ofDiantond Bar Location: Grand Avenue SCE's File No. (Cross 11efhmDce_-REL,041 HS -3 Per our meeting on Thursday, February 2, 2005, a cost estimate has been prepared for substructure installation and inspection for the above project to extend the existing Diamond Sar-Sopipe•Trophy 66kV UG lines section approximately 400' in the amount of $162,958.44_ As stated in said meeting, with this being a City project, there is no ITCC tax. Please be advised these costs do not include interoepting zhe existing duct or any other linework aspects associated with the relocation and underground extension at whe WE corner of Grand and Golden Springs Drive in the City of Diamond Bar. Should the City decide to proceed, please adv'se me as soots as possible as this will so I'll know how to proceed with the consent with Target. Work Wa he =Aedrried far caus&Aation after receipt of a check in die above amount .All prices quoted and/or written are applicable for 90 days from the date of this letter, and are subject to change thereafter. If your project will be delayed or canceled, please notify me immediately. Final cost for the relocation will be on a completed cost basis. At the completion of the project, you will be billed or refunded any difference covering the actual cost of this relocation. If you have arty questions, please do not hesitatc to telephone me at (714 DEBRA E. HOLLEY Right of Way Agent DH cc: Eric Manuel - SCF, Ric Meza - SCE David Zimmerman — DRC Agenda # 1. /. k Meeting Date: February 21, 2006 CITY COUNCIL k i1* : -' AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managee TITLE: TENTATIVE TRACT MAP NO. 53430, ENVIRONMENTAL IMPACT REPORT (SCH #2003051102), MITIGATION MONITORING PROGRAM, ZONE CHANGE NO. 2005-03, HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 2002-01, VARIANCE NO. 2005-03 AND TREE PERMIT NO. 2005-10 AND APPEAL. RECOMMENDATION: Adopt the following: • Ordinance No. XX (2006) approving first reading of Zone Change No. 2005-03. • Resolution No. 2006 -XX certifying the Environmental Impact Report (SCH #2003051102), issuing a Statement of Overriding Consideration and approving the Mitigation Monitoring Program. • Resolution No. 2006 -XX approving Tentative Tract Map No. 53430 and denying the appeal. • Resolution No. 2006 -XX, approving Hillside Management Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 and denying the appeal. BACKGROUND: The proposed project requires an Environmental Impact Report. A Draft Environmental Impact Report (DEIR) was prepared and circulated in August 2004. As a result of environmental issues such as geotechnical, drainage and comments from agencies, the applicant had to restudy and redesign the subdivision and its grading concept. From October 2004 to May 2005, the project was inactive. In May, the applicant informed staff that they have a new partner, hired a new geotechnical engineer and would be submitting a redesign of the subdivision. As a result of the redesign, an update to the DEIR was prepared to address the project's revisions. Finally, the project was deemed complete and ready for Planning Commission review. On December 13, 2005, the Planning Commission reviewed the proposed project at a study session and public hearing. After receiving information from the applicant and public comments, the Commissions continued the hearing to the January 10, 2006 meeting to allow the applicant additional time to address their concerns regarding the proposed retaining wall adjacent to Alamo Heights Drive. At the continued public hearing of January 10, 2006, the Commission considered new information from the applicant; and received additional testimony from the residents of Kicking Horse Drive. After their deliberation, the Commission recommended approval of the proposed project to City Council. ANALYSIS: A. Summa of December 13 2005 Planning Commission Hearin The Planning Commission and public comments were generally related to traffic, drainage, wildlife habitat, sewer/pump station, slope stability and improvement of Alamo Heights Drive. The most important issue was related to the extension of Alamo Heights Drive and the use of a retaining wall from zero to twenty-six feet in height. The retaining wall will be located on the west side of Alamo Heights Drive at the rear property lines of Lots 4 though 10 of Tract 32482 and Lot 96 of Tract 30578. These lots front on Kicking Horse Drive. Since the existing street grades of Alamo Heights Drive is much higher than the rear of the referenced lots, the retaining wall is necessary to support and align the street with the adjacent project (VTTM 53670, a five lot subdivision). Based on Tract Map No. 32482, there is a 40 -foot dedicated easement reserved for improving Alamo Heights Drive. In addition, there is a 50 -foot easement for slope purpose on lots that back up to the west side of Alamo Heights Drive. The applicant stated that he will construct the street improvements for Alamo Heights Drive and the proposed retaining wall within this total 90 -foot easement. Also, the applicant stated that if he can obtain an additional 50 -foot grading easement from the property owners of the lots on the west side of Alamo Heights Drive, the retaining wall could be eliminated and a two to one landscaped and irrigated slope could be constructed in its place. The slope would be maintained by the applicant and eventually by the homeowners association of the proposed map. Due to the extreme height of the proposed retaining wall and the concerns of the property owners of the referenced lots, the Planning Commission continued the public hearing. The Commission directed the applicant to consider reducing the wall's height and to continue working with the property owners in obtaining the additional 50 -feet grading easement. B. Issues Raised By Residents of Kicking Horse Drive Dr. Hofu Wu of 22368 Kicking Horse Drive (Lot 7 of Tract 32482) is not in agreement with the proposed project. He does not want to grant the developer a 50 -foot easement adjacent to the rear property line of his property. He believes the wall is too high. Dr. Wu presented an alternative design concept that lowers the street grade of Alamo Heights Drive. However, he did not provide support information and technical analysis of the feasibility of lowering the street grade for Alamo Heights Drive. Staff met with Dr. Wu on January 12, 2006 and requested a copy of his presentation so staff could thoroughly review the concept; however staff has not received it. Additionally, staff offered to meet with Dr. Wu and the other residents to discuss the additional grading easement with or without the applicant. At the writing of this report, Dr. Wu has not responded to this offer. Mr. David Leong of 22372 Kicking Horse Drive (Lot 8 of Tract 32482) is not in agreement with the high wall and believes the property owners should be financially compensated for the 50 foot grading easement. He is concerned about the creek that is within the additional 50 foot easement, slope stability, liability, landscaping and maintenance within the 50 foot easement. Staff Comments: The concerns expressed by Dr. Wu and Mr. Leong are shared by the other property owners on Kicking Horse Drive. Their concerns and issues are addressed in the DER. The mitigation measures set forth in the five-year Mitigation Monitoring Program includes a combination of on-site and off-site preservation, enhancement and or restoration at no less than a one to one ratio and tree replacement at a three to one ratio. Conditions of approval for this project hold the applicant responsible for the cost of building and maintaining the proposed retaining wall and cost of installing and maintaining landscaping/irrigation within the existing 40 - foot grading easement. If the retaining wall is eliminated, the applicant is responsible for the cost of grading the two to one slope adjacent to Alamo Height Drive and within the additional 50 -foot easement. The applicant is also responsible for installing and maintaining the landscape and irrigation on the two to one slope. Whether or not the proposed project is annexed into The Country Estates, a sub -homeowners association will be formed for the maintenance of open space within the project and the retaining wall and landscaping and irrigation in perpetuity. If the wall is eliminated the sub - homeowners association will be responsible for the maintenance of the two to one slope, landscaping and irrigation in perpetuity. The creek the residents referred to is located within the 50 -foot slope easement. It is supplied by run-off water from Alamo Heights Drive and irrigation. As noted during the geotechnical investigation, it is not supplied by ground water rising to the surface. If this project is constructed, an underground pipe will be installed that will carry the run- off water to Tonner Canyon for wildlife use. The impacts to wildlife will not be significant because of the mitigation measures that are incorporated into this project and the California Department of Fish and Game and U.S. Army Corps of Engineers permits. Animals on the project site will move into other areas but mainly Tonner Canyon. For small animals with low mobility, a biologist will be on site to move these animals prior to any construction activities. This process has taken place for many years in other cities and Diamond Bar. The most valuable place for animals is Tonner Canyon which is a significant ecological area and not the project area because of the surrounding development. C. Summary of January 10, 2006 Planning Commission Hearing In response to the concerns of the Planning Commission and residents, at the hearing the applicant presented an alternative study for the extension of Alamo Heights Drive. The alternative study illustrated the gradual lowering of the street grade for Alamo Heights Drive beginning at the access point for the adjacent project (VTTM 53670 - 3 Yeh subdivision), and then the street grade rises again at the end of Lot 16 of the proposed map. The alternative study would result in the construction of three retaining walls approximately 10 feet high each. Two of the walls will be within the 90 -foot easement at the west side and one retaining wall at the east side of Alamo Heights Drive. The Planning Commission considered the alternative study and was not in favor of it because the alternative study will require an additional wall on the east side of Alamo Heights Drive where there is only an 8 -foot wide planting area to mitigate its visual impact. The Commission believed that the ultimate goal is to eliminate retaining walls adjacent to Alamo Heights Drive. However, if the walls are to be built then they should be on the west side of Alamo Heights Drive within the existing 90 -foot easement, the visual impact of the walls could be softened by the much larger planting areas. The Commission recognized the considerable effort and progress made by the applicant toward discussing and resolving various issues with concerned residents. The Commission felt that the main concern is the proposed retaining wall adjacent to Alamo Heights Drive. The Commission appreciated that the applicant has made an effort to reduce the height of the retaining wall from a maximum of 26 -foot high to two 15 -foot high retaining walls. Because the 90 -foot easement exists, the Commission concluded that the applicant could grade and build a wall or walls within this easement. As a result, the Commission recommended approval of this project to the City Council by a 4-0 vote (one Commission had an excused absence). APPEAL: Staff explained to Dr. Wu and Mrs. Leong that filing an appeal of the Planning Commission's recommendation was not necessary and an opportunity to discuss their concerns would be available at the City Council public hearing. However, on January 20, 2006, the City received a correspondence signed by six residents located on Kicking Horse Drive appealing the Planning Commission's recommendation to City Council. The reasons for the appeal are related to environmental concerns such as loss of wildlife habitat, excessive grading and height of the retaining wall. A copy of their appeal letter is attached with this report. Staff believed that their concerns are addressed in the EIR. CITY COUNCIL OPTIONS: The City Council may: 1. Approve the proposed project as recommended by the Planning Commission and deny the appeal. 2. Add conditions or modify conditions of approval set forth in the resolutions. 3. Continue the proposed project to a date certain. 4. Deny the project and approve the appeal. If the Council concurs with the Planning Commission recommendation then adoption of the resolutions and ordinance should be in the following sequence: 4 1. Adopt City Council Resolution No. 2006 -XX certifying the Environmental Impact Report (SCH #2003051102), issuing a Statement of Overriding Consideration and approving the Mitigation Monitoring Program; 2. Approve the first reading of Zone Change Ordinance No. XX (2006); 3. Adopt Resolution No. 2006 -XX approving Tentative Tract Map No. 53430 and denying the appeal; and 4. Adopt Resolution No. 2006 -XX, approving Hillside Management Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 and denying the appeal. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valle Tribune on February 9, 2006. Public hearing notices were mailed to approximately 180 property owners within a 1,000 -foot radius of the project site on February 1, 2006. A display board was posted on the project site and public notice was posted in three public places by February 1, 2006. 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 February 21, 2006 City Council public hearing on February 6, 2006. PREPARED BY: 2so J. Lu r6u, ciate Planner Attachments: REVIE E N ncy Fonk1CP Interim Coevelopment Director David Doyle, Assistant City Manager 1. Ordinance No. (2006) approving Zone Change No. 2005-03 2. Resolution No. (2006) certifying EIR and adopting the Mitigation Monitoring Program and Statement of Overriding Considerations 3. Resolution No. approving the TTM 53430 and denying the appeal 4. Resolution No. approving Conditional Use Permit No. 2002-17, Variance No. 2005-03 and Tree Permit No. 2005-10 and denying the appeal 5. Exhibit "A" —Tentative Map No. 53430 dated December 13, 2005 6. Draft Environmental Impact Report (Volume 1) dated August 17, 2005 7. Technical Appendices (Volume II) dated July 22, 2004 8. Updates of Environmental Impact Report dated October 13, 2005 9. Volume III/Response to Comments dated November 16, 2005 10 Exhibit "B" — Location of Retaining Walls 11. Alternative study of street grade for Alamo Heights Drive 12. Chronology of meetings/phone conversations with owners of property adjacent to Alamo Heights Drive for John Bostick of Millennium Diamond Road Partners, LLC 13. December 13, 2005 and January 10, 2006 Planning Commission Reports 14. December 13, 2005 and January 10, 2006 Planning Commission Minutes 15. December 13, 2005 -Letter from David Liu to Planning Commission 16. December 19, 2005 -Letter from owners of properties located on Kicking Horse Drive 17. January 19, 2006 -Letter from John Bostick to Mr. Choel Chung 18. January 19, 2006 -Appeal Letter from owners of properties located on Kicking Horse Drive ORDINANCE NO. (2x06} AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2005-03 WHICH CHANGES THE EXISTING ZONING FOR GENERAL PLAN COMPLIANCE FROM R-1-20,000 TO RURAL RESIDENTIAL (RR) FOR A PROPERTY LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFORNIA IDENTIFIED BY APN NOS. 8713-023-002, 8713-023-004, 8713-023-005, 8713-024-001 AND 8713-024-002. A. RECITALS The property owner/applicant, Millennium Diamond Road Partners, LLC, has filed an application for Zone Change No. 2005-03 for a property identified by APN Nos. 8713-023-002, 8713.023-004, 8713-023-005, 8713-024-001 and 8713-024-002 located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." 2. On February 1, 2006 public hearing notices were mailed to approximately 180 property owners of record within a 1,000 -foot radius of the project site. On February 1, 2006 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. On February 9, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, and pursuant to Public Resource Code, Section 21092.5, on February 6, 2006, agencies commenting on the project's Environmental Impact report were notified in writing of the February 21, 2006 City Council public hearing. 3. On December 13, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the public hearing to January 10, 2006. 4. On January 10, 2006, the Planning Commission opened the continued public hearing and concluded the public hearing on the application. At that time, the Planning Commission recommended approval to City Council of Zone Change 2005-03 City Council Ordinance No. XX (2606) ,4-Tr*C-H A40A! r / —I B 5. On February 21, 2006, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 6. Following due consideration of public testimony, staff analysis and the Planning Commission recommendation, the City Council hereby finds that Zone Change No. 2005-03 set forth within amends the Zoning Map and is consistent with the General Plan. 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 zone change identified above in the resolution was addressed in the Environmental Impact Report (SCH No. 2003051102) prepared for Tentative Tract Map No. 53430 according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated there under and determined not to have a significant effect on the environment. 3. The City Council hereby finds as follows: (a) The proposed Zone Change relates to a vacant property located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane 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 with Rocky Trail Road as a secondary emergency access. (b) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) and R-1-40,000 zoning districts surround 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) Maximum 1 DU/AC, which is in compliance with the General Plan land use designation for the project site. K' A-�#,V 01`17" 1--7- (e) The City Council of the City of Diamond Bar does hereby approve Zone Change No. 2005-03 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 is consistent with the General Plan. (1) Zone Change No. 2005-03 changes the existing zoning from Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) to Rural Residential (RR). (2) Pursuant to the General Plan, the maximum gross density for the RR land use designation is 1.0 dwelling units per acre or less. (3) The Rural Residential (RR) zone implements the Strategies of the General Plan. Furthermore, the RR zoning district is used to identify hillside areas intended for rural living, including the keeping of animals, with supporting accessory structures. (4) The property the zone change affects 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. The City Council shall: (a) Certify to the adoption of this Ordinance; and (b) Forthwith transmit a certified copy of this Resolution by certified mail: to Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010. PASSED, APPROVED AND ADOPTED THIS DAY OF FEBRUARY 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Xw Carol Herrera, Mayor 3 A.7tT#�CH A4 B:97- /-3 I, Linda C. Lowry, City Clerk of the City foregoing Ordinance was introduced at a of Diamond Bar held on the finally passed at a regular meeting of 2006, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: of Diamond Bar, do hereby certify that the regular meeting of the City Council of the City day of 2006 and was the City Council held on the day of 4 Linda C. Lowry, City Clerk, City of Diamond Bar Los Angeles, CA , 2005-2008 - 8713-024-001, Sheet 1 of 7 4 co V a .13W w � _ _ 1 y NNw Cg /t Los Angeles, CA , 2005-2006 -8713-023-002, Sheet 1 of 1 ' f ' I r / � w . CD' G� tV W L N � n m m 0 1 I 1 1 � 1 Gyi AG7 1'o �a> �{al J w•.0 � =T , CITY COUNCIL RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH NO. 2003051102) AND APPROVING THE MITIGATION MONITORING PROGRAM FOR TENTATIVE TRACT MAP NO. 53430 AS SET FORTH THEREIN FOR A 48 LOT RESIDENTIAL SUBDIVISION LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner/applicant, Millennium Diamond Road Partners, LLC, has filed an application for certification of Environmental Impact Report (EIR) (SCH No. 2003051102) and Mitigation Monitoring Program for Tentative Tract Map No. 53430 (TTM 53430), as described in the title of this Resolution. Hereinafter in this Resolution, the subject Environmental Impact Report and Mitigation Monitoring Program shall be referred to as the "Application." 2. On February 1, 2006 public hearing notices were mailed to approximately 180 property owners of record within a 1,000 -foot radius of the project site. On February 1, 2006 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. On February 9, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, and pursuant to Public Resource Code, Section 21092.5, on February 6, 2006, agencies commenting on the project's Environmental Impact report were notified in writing of the February 21, 2006 City Council public hearing. 3. On December 13, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the public hearing to January 10, 2006. 4. On January 10, 2006, the Planning Commission re -opened the public hearing and concluded the public hearing on the application. Atthattime, the Planning Commission recommended that City Council certify the Environmental Impact Report (SCH NO. 2003051102) and approve the Mitigation Monitoring Program for Tentative Tract Map No. 53430. 5. On February 21, 2006, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. City Council Resolution No. 2006 -XX A-1r.4-r-,4"FNT a -I 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 (SCH No. 2003051102) 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 August 20, 2004, and ended October 4, 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 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, the City Council hereby finds and determines that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in Environmental Impact Report (SCH No. 2003051102) except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this City Council finds are clearly outweighed by the economic, social and other benefits or the proposed project, as more fully set forth in the Statement of Overriding Considerations. 5. The City Council hereby certifies the Environmental Impact Report (SCH No. 2003051102) and adopts the Findings of Facts, Statement of Overriding Considerations (Exhibits "C") and Mitigation Report and Monitoring Program (Exhibit "D") attached herein as and hereby incorporated by reference. 2 City Council Resolution No. 2006 -XX A--rFA,C,+MAuT .7 --,?- 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: Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010 APPROVED AND ADOPTED THIS 21ST DAY OF FEBRUARY 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. M. Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced and adopted by the City Council of the City of Diamond Bar, at a regular meeting held on the 21 st day of February 2006, by the following vote: AYES: Council Member: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: Linda C. Lowry, City Clerk, City of Diamond Bar 3 City Council Resolution No. 2006 -XX A --)-r ^cj4jup�#JT a - 3 TENTATIVE TRACT MAP 53430 ENVIRONMENTAL IMPACT REPORT SCH No. 2003051102 Findings and Facts and Statement of Overriding Consideration - - Prepared for: City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 Contact: Nancy Fong Planning Manager Prepared by: BonTerra Consulting 320 N. Halstead Street, Suite 130 Pasadena, California 91107 (626) 351-2000 Contact: Thomas E. Smith, Jr., AICP, FSMPS Principal December 6, 2005 x Srr [/ u FINDINGS AND FACTS iN SUPPORT OF FINDINGS FOR POTENTIALLY SIGNIFICANT ENVIRONMENTAL. EFFECTS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR TTM 53430 A. INTRODUCTION The California Environmental Quality Act (CEQA) Guidelines Section 15091 provides that: (a) No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final Environmental Impact Report (EIR). (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. CEQA further requires that, where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR, but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record (CEQA Guidelines §15093). The project applicant proposes the construction of 48 graded lots for custom -home development on approximately 80 acres of vacant undeveloped land located south of the current terminus of Alamo Heights Drive in the private gated community called The Country Estates. Due to the potential impacts to the environment and because the proposed action constitutes a project under CEQA and the State CEQA Guidelines, the City of Diamond Bar has prepared the TTM 53430 Draft EIR. In accordance with CEQA Guidelines Section 15063, the City of Diamond Bar prepared an Initial Study/environmental checklist for the proposed project and distributed it along with the Notice of Preparation (NOP) to responsible and interested agencies and key interest groups. The NOP/Initial Study was distributed on May 16, 2003 for a 30 -day review period. A total of nine comment letters on the NOP were received. The Draft EIR was circulated for public (August 20, 2004 through October 4, 2004) as were received during the public review period. these letters and distributed the responses comments on the Draft EIR. The re: November 23, 2005. review and comment for a 45 -day period specified in the CEQA Guidelines. Five letters The City of Diamond Bar prepared responses to to comments to the agencies that provided ponses to comments were distributed on t 1-rhCO UaUT P S The City of Diamond Bar Planning Commission and City Council, as recommended by the City of Diamond Bar Department of Community and Development Services, having reviewed and considered the information contained in the Final EIR (as defined herein) hereby determines that the TTM 53430 Final EIR, comprised of the TTM 53430 Draft EIR, a list of persons, organizations, and public agencies commenting on the TTM 53430 Draft EIR, comments received from the public and interested agencies, the Responses to Comments prepared by the City, and all attachments and documents incorporated by reference is complete and adequate, and has been prepared in accordance with CEQA and the State CEQA Guidelines, The TTM 53430 Draft EIR identified certain significant or potentially significant effects that may occur as a result of the implementation of the project. Thus in accordance with the provisions of CEQA and State CEQA Guidelines, the City of Diamond Bar hereby adopts these findings and following evidence as part of the approval of the project and related applications. Section B below provides a project description. Section C, "Mitigated Significant Impacts," details the potential environmental effects, which will no longer be significant because of the mitigation that will be incorporated into the project, or due to project features which have been incorporated into the design of the project in accordance with the finding required under Section 21081(a)(1). Section D, "Impacts That Cannot be Mitigated to a Level Considered Less than Significant," identifies the significant environmental effects of the TTM 53430 project, which cannot feasibly be mitigated to a level considered less than significant. Section E summarizes the alternatives discussed in the Final EIR and provides findings required under CEQA Section 21081(a)(3) with respect to the feasibility of the alternatives which might avoid the project's significant environmentakimpacts, cannot be feasibly implemented due to specific economic, legal. -social, technological, or --other considerations. Finally, Section F sets forth the statement of overriding considerations adopted by the City of Diamond Bar pursuant to Section 21081(b) of CEQA with respect to those significant effects on the environment which cannot be feasibly mitigated or avoided. This Statement of Findings of Fact and Overriding Considerations is based upon substantial evidence in the administrative record for the project, which is hereby incorporated by reference. It is not intended to be inclusive of all facts contained within the administrative record which support the findings set forth herein, but rather identifies the key principal facts in the administrative record that provide substantial evidence supporting these findings. Additional facts in support of the City's findings may be found in the Final EIR and the administrative record as a whole. The Final EIR and all supporting data referred to in these findings of fact can be found at the City of Diamond Bar, Department of Community and Development Services, 21825 E. Copley Drive, Diamond Bar, CA 91765. The following Findings and Statement of Overriding Considerations are made relative to the Final EIR for the TTM 53430 project. The mitigation measures described herein are consistent with those included in the Mitigation Monitoring Program, set forth in a separate document and adopted pursuant to Government Code Section 21081.6. S. PROJECT DESCRIPTION TTM 53430 proposes the development of 48 single-family custom residential lots on approximately 80 acres of hillside area in the City of Diamond Bar. The gross density of TTM 53430 is 0.6 dwelling units per acre. The proposed residential lots will vary in size from approximately 1.00 gross acre to 4.17 gross acres, with the majority of the lot sizes falling between 1.0 and 2.0 acres. The project also includes the extension of Alamo Heights Drive into the project site, construction of an internal private roadway system including Street "A" and Street "B", and the extension of public utilities (water, wastewater, drainage, electric, gas, cable, and telephone) into the site from the existing infrastructure located north of the site near Steeplechase Lane. A sewer pump OX4 JEN r 2 -1� station is located in the southern portion of the project site. An emergency access road would be constructed near the terminus of Rocky Trail Road that would allow for a connection to the northern -most cul-de-sac on the project site. In addition to the internal roadway system, the proposed project incorporates an existing trail system into the project design. Grading activities are expected to occur on the project site for approximately four months. Approximately 3,320,000 cubic yards of cut and fill material would be required for the project site and would be balanced on-site. Off-site grading would be required along the northern reach of the proposed roadway extension to Alamo Heights Drive. Permission to conduct off-site grading will be required through Standard Conditions of Approval from the affected existing landowners in Tract Map No. 32482 and must be negotiated prior to approval of the final tract map for the proposed project. The 80 -acre project site is included in, and surrounded to the northwest, northeast, and southwest, by The Country Estates residential community. The southern project site boundary is also the boundary between the City of Diamond Bar and the County of Los Angeles, The Tonner Canyon Significant Ecological Area (SEA No. 15), which includes the Firestone Boy Scout Reservation, is located adjacent to the southern boundary of the project site and is within the unincorporated Los Angeles County. The City of Industry purchased approximately two- thirds of the land in the Firestone Boy Scout Reservation and owns the property directly south of the proposed project site. The proposed project site is currently zoned R-1-20,000 and the City of Diamond Bar General Plan designates the property as Rural Residential (1 du/acre). The current zoning for the site allows for a more dense residential development footprint than proposed by the project or allowed by the General Plan. Therefore, in order to update the zoning for the site to correspond to the General Plan land use designation requirements, the City is proposing to change the zoning for the site to Rural Residential. The project site would also require a Conditional Use Permit (CUP) for Hillside Development, which applies to areas having a slope of ten percent or greater. C. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS REDUCED TO A LEVEL CONSIDERED LESS SIGNIFICANT General Findings The City of Diamond Bar hereby finds as follows: • The City is the "Lead Agency" for the proposed project evaluated in the Final EIR (FEIR); • The Draft EIR and FEIR were prepared in compliance with CEQA and the Guidelines; • The City has independently reviewed and analyzed the Draft EIR and the FEIR, and these documents reflect the independent judgment of the City of Diamond Bar; • A Mitigation Monitoring Program (MMP) has been prepared for the proposed project, which the City has adopted or made a condition of approval of the proposed project. That MMP is incorporated herein by reference and is considered part of the record of proceedings for the proposed project; • The MMP designates responsibility and anticipated timing for the implementation of mitigation; A-77Acf-fMXAr7' .2 — 7 • In determining whether the proposed project has a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2; • The impacts of the proposed project have been analyzed to the extent feasible at the time of certification of the FEIR; • The City reviewed the comments received on the Draft EiR and FEIR and the responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts to the Draft EIR or FEIR. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the FEIR; • The responses to the comments on the Draft EIR, which are contained in the FEIR, clarify and amplify the analysis in the Draft EIR; • Having reviewed the information contained in the Draft EIR and FEIR and the record of proceedings, as well as the requirements of CEQA and the Guidelines regarding recirculation of Draft EIRs, and having analyzed the changes in the Draft EIR which have occurred since the close of its public review period, the City finds that there is no new significant information in the FEIR and finds that recirculation is not required; • The City has made no decisions that constitute an irretrievable commitment of resources toward the proposed project prior to certification of the FEIR, nor has the City previously committed to a definite course of action with respect to the proposed project; • Copies of all the documents incorporated by reference in the FEIR are and have been available upon request at all times at the Department of Community and Development Services in the City, custodian of record for such documents or other materials. The City of Diamond Bar, having reviewed and considered the information contained in the Final EIR, the appendices to the Final EIR, and the administrative record, finds, pursuant to CEQA and the CEQA Guidelines, that changes or alterations have been required in, or incorporated into, the TTM 53430 project which mitigate, avoid, or substantially lessen potentially significant environmental effects in the following categories: (1) aesthetics, (2) biological resources, (3) cultural resources, (4) geology and soils, (5) hazards, (6) hydrology and water quality, and (7) noise. Aesthetics Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure Construction of the proposed project would involve the removal of existing trees and vegetation, resulting in short-term impacts to aesthetics prior to the implementation of landscaping with final housing development. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. ATTACtfadr_NT o;? -'8 Facts in Support of Finding Significant effects have been substanbaily lessened to a level that is less than significant through the incorporation of the following mitigation measure: Manufactured slopes will be temporarily revegetated and irrigated to minimize post - construction erosion and to complement the existing natural vegetation on the adjacent open space areas until the lots are sold and permanently landscaped. Landscaping for TTM 53430 will use native vegetation (i.e., oaks, walnuts, coastal sage scrub) on manufactured slopes that are adjacent to naturally vegetated areas to minimize the potential visual impacts of development. The plan materials, placement, and maintenance of the native revegetation shall be approved by the Fire Department and by the project biologist. Landscaping activities will be coordinated with mitigation for biological impacts to ensure consistency. Biological Resources Potentially Significant Impacts Reduced with the Implementation of a Mitigation Measure As discussed in the "Updated Information for TTM 53430" document, which describes the minor changes made to the tract map design subsequent to public review of the Draft EIR, one of two tract map designs would be implemented. The difference in acres of vegetation impact between Option A _._and Option B results from the small amount of off-site grading required near Alamo Heights Drive. Vegetation impacts associated with each tract map are presented belbw. The revised offsite vegetation impacts for Option A include acreage for fuel modification, which are considered to be permanent impacts. Vegetation Types Coastal Sage Scrub Chaparral Oak Woodland Walnut Woodland Man -native Annual Grassland Developed/Residential Dirt Roads Total TABLE 3.3-4 REVISED FOR OPTION A VEGETATION IMPACTS OF TTM 53430 TT 53430 SEA (County) Other Offsite Total Im a _ J9 _ co CL 99 F E C E a 23.10 20.93 3.85 0.00 4.08 0.00 31.03 20.93 10.9 37.55 34.49 7.57 0.00 2.13 0.00 47.25 34.49 12.76 5.91 4.75 0.00 0.00 7.89 1.8i 15.84 6.55 9.29 5.20 5.12 2.57 0.00 0.55 0.00 10.60 5.12 5.48 5.24 5.08 0.03 0.00 1.65 0.33 10.09 5.41 4.68 2.54 2.48 0.00 0.00 32.73 0.00 35.33 2.48 32.85 0.46 0.34 0.58 0.00 0.18 0.00 1.22 0.34 0.88 80.00 76.56 14.60 0.00 49.29 2.30 157.36 75.32 76.04 The revised offsite vegetation impacts for Option B are presented in the table below. These vegetation impacts include acreage for fuel modification, which are considered to be permanent impacts. AJTP,Ctf A4 F -NJ- - 9 TABLE 3.3-4 (REVISED FOR OPTION B) VEGETATION IMPACTS OF TTM 53430 The proposed project would permanently impact U.S. Army Corps of Engineers (USACE) non - wetland jurisdiction and would impact California Department of Fish and Game (CDFG) jurisdiction. Braunton's milk vetch, federally and state -listed as Endangered, has the potential to be., present on site. Construction noise levels and vegetation removal in the .study area could disrupt raptor activities, including foraging and roosting. �- Biological resources in the area could be impacted by changes in water quality due to construction and urban development. The project may include landscaping adjacent to residential development that is known to be invasive. Seeds from invasive species may escape to natural areas and degrade natural vegetation. Human activity would increase the disturbance of natural open space adjacent to the proposed project, specifically within Tonner Canyon. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. [Note: It is recognized that certain biological mitigation measures will require final approval from federal and state agencies and that there is some basis for a finding under CEQA Section 21081(a)(2) that such measures are within the jurisdiction of another agency. However, because sufficient mitigation measures are outlined in the Final EIR, and as being committed to by the City, which reduces impacts to a level of less than significant, the finding under Section 21081(a)(1) can also be made.] Facts in Support of Finding The significant effects have been eliminated or substantially lessened to a level that is less than significant by implementation of the following mitigation measures as identified in the Final EIR and incorporated into the project. 1. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of coastal sage scrub habitat, the project applicant will develop a detailed coastal sage scrub mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of on-site and/or off- site preservation, enhancement, and/or restoration at no less than a 1:1 ratio. The TT 53430 SEA (County) Other Offsite Total C d1 �/ co C V CL I V V CL V C An '� E 'u5 E w x E E Vegetation Types Coastal Sage Scrub 23.10 20.93 3.85 0.00 4.08 0.00 31.03 20.93 10.1 Chaparral 37.55 34.49 7.57 0.00 2.13 0.031 47.25 34.52 12.73 Oak Woodland 5.91 4.75 0.00 0.00 7.89 3.221 15.84 7.96 7.88 Walnut Woodland 5.20 5.12 2.57 0.00 0.55 0.001 10.60 5.12 5.48 Non-native Annual Grassland 5.24 5.08 0.03 0.00 1.65 0.36 10.09 5.44 4.65 Developed/Residential 2.54 2AB 0.00 0.00 32.73 0.00 35.33 2.48 32.85 Dirt Roads 0.46 0.34 0.58 0.00 0.18 0.00 8 1.22 0.34E74.56 Total 80.00 73.19 14.60 0.00 49.21 3.61 151.36 76.80 The proposed project would permanently impact U.S. Army Corps of Engineers (USACE) non - wetland jurisdiction and would impact California Department of Fish and Game (CDFG) jurisdiction. Braunton's milk vetch, federally and state -listed as Endangered, has the potential to be., present on site. Construction noise levels and vegetation removal in the .study area could disrupt raptor activities, including foraging and roosting. �- Biological resources in the area could be impacted by changes in water quality due to construction and urban development. The project may include landscaping adjacent to residential development that is known to be invasive. Seeds from invasive species may escape to natural areas and degrade natural vegetation. Human activity would increase the disturbance of natural open space adjacent to the proposed project, specifically within Tonner Canyon. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. [Note: It is recognized that certain biological mitigation measures will require final approval from federal and state agencies and that there is some basis for a finding under CEQA Section 21081(a)(2) that such measures are within the jurisdiction of another agency. However, because sufficient mitigation measures are outlined in the Final EIR, and as being committed to by the City, which reduces impacts to a level of less than significant, the finding under Section 21081(a)(1) can also be made.] Facts in Support of Finding The significant effects have been eliminated or substantially lessened to a level that is less than significant by implementation of the following mitigation measures as identified in the Final EIR and incorporated into the project. 1. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of coastal sage scrub habitat, the project applicant will develop a detailed coastal sage scrub mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of on-site and/or off- site preservation, enhancement, and/or restoration at no less than a 1:1 ratio. The objective of the mitigation plan is to ensure no net loss of habitat values as a result of the project implementation. 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 and resource agencies. The site will either be located on the proposed development site in a dedicated open space area or dedicated open space area will be purchased offsite. Appropriate sites will have suitable soils for the establishment of coastal sage scrub 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 10 miles of the project site). D. Schedule. A schedule -will be developed which includes 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 fi) 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 on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian 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 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. A conservation easement and a performance bond will be secured prior to implementation of the site. In addition, 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. 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. 2. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance 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 on-site andlor off-site preservation and/or restoration at no less than a 1:1 acreage ratio. The native trees protected under the Diamond Bar Tree Preservation and Protection Ordinance require a minimum replacement ratio of 3:1. 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. 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 'y dedicated open"' space area or within dedicated open space area offsite. 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 10 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 planting including the option of continual planting of acorns to ensure a diversity in habitat structure. 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 riparian 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 USACB, CDFG, and the City. A-1iAr,fJ4P:xT A-jy 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. 3. Prior to issuance of a grading permit, the applicant shall provide the City with copies of applicable USACE and CDFG permits for the proposed project. Compensatory mitigation for the loss of wetland or riparian function and values is a fundamental component of the applicable regulatory programs. Mitigation can consist of: 1) avoidance or minimization of impacts, 2) compensation in the form of . habitat 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 USACE (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 USACE 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 pian 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 contr6 measures (i.e., rice or willow wattles), 7) seed mix application, and 8) container species. A--TTA-CNA49N7_ Z-13 Seeds and plantings will be collected or grown from seeds collected from the project site or vicinity (i.e., within 10 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 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 riparian 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 USACE 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. 4. 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 for surveyor access or geotechnical studies, or areas that may be burned 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 USFWS and CDFG to obtain a permit under Section 7 or 10(a) of the federal Endangered Species Act and a Section 2081 concurrence from CDFG under the state Endangered Species Act to impact this species. 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. 5. 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 on construction are required between February 1 and June 30 (or until nests are no longer active as determined by a qualified biologist): 1) clearing limits will be established a minimum of 300 feet in any direction from any occupied nest and 2) access and surveying will be restricted within 200 feet of any occupied nest. Any 10 4 -MAC -H A4bW -r ;Z --I q 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. fi. Prior to the issuance of a grading permit, a Habitat Mitigation Plan that details the plans for on-site and off-site vegetation mitigation shall be finalized, submitted, and approved by the City of Diamond Bar and the California Department of f=ish and Game. 7. 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 General NPDES Permit) and will comply with all the provisions of the permit, including the development of a Storm Water Pollution Prevention Plan, which includes provisions for the implementation of Best Management Practices and erosion control measures. Best Management Practices will include both structural and non-structural measures. The purpose of this mitigation measure is to ensure that site runoff does not adversely affect downstream -biological resources. S. Landscape designs will be submitted to the City for review and approval by a qualified biologist. The review will ensure that no invasive, exotic plant species are used in any proposed landscaping, and that suitable substitutes are proposed. Ideally, only native species should be used in landscaping along the southern boundary, adjacent to Tonner Canyon, which is a County -designated SEA. Natives used should include chaparral and woodland species that currently occur in the study area. 9. To limit the amount of human disturbance on natural open space areas on and adjacent to the study area (i.e., Tonner Canyon), a fencing plan will be submitted to the City. Prior to obtaining occupancy permits, signs and split -rail fencing (the latter, if appropriate) will be posted directing people to keep out of the natural open space areas and revegetation areas (if applicable). In addition, the project applicant will be required to post signage stating that dogs will be required to be leashed in areas near the natural open space areas that abuts Tanner Canyon SEA. Cultural Resources Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure Development of proposed project could impact undiscovered archaeological resources and non- renewable paleontological resources. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final E1R. 11 /�A-e ff"VfT a ` 15 Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measures: A qualified archaeologist shall be retained to attend the pre -grade meeting and to monitor grading activities. During grading activities, the archaeologist shall conduct limited monitoring to observe and retrieve any buried artifacts that may be uncovered. The archaeological monitor for the project site shall have the authority to temporarily divert or direct grading to allow time to evaluate any exposed prehistoric or historic material. 2. A final monitoring report, including an itemized inventory and pertinent field data, shall be sent to the property owner and to the South Central Coastal Information Center at the University of California, Los Angeles. 3. 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 Fowler Museum of Cultural History (UCLA) and California State University, Fullerton, or alternatively to The Pomona Valley Historical Society or La Puente Valley Historical Society, where collections are held locally. A 4. A qualified 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 monitoring, collecting, and safety procedures for the project and shall supervise the paleontologic monitoring during earth moving activities in the area. 5. 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 rate of fossil recovery, the number, density, and types of fossils that are encountered, the numbers of spreads working simultaneously, and the cubic foot amounts of rock being excavated or disturbed. Screening of sediments shall routinely be conducted during monitoring under the supervision of the paleontologist to sample significant small vertebrate remains. The paleontological monitor shall have the authority to temporarily divert or redirect grading to allow time to evaluate any exposed fossil material. 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 also be collected. This will include lithologic descriptions, localities plotted on a USGS 7.5' Series topographic quadrangle, photographs, and field notes. 6. Recovered specimens shall be identified and curated on a long-term loan basis in a suitable repository that has a retrievable storage system, such as the Los Angeles County Museum of Natural History. 7. 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 Diamond Bar to signify the end of mitigation. Another copy shall accompany any recovered fossils, along with field logs and photographs, to the designated repository. 12 A-rrtAC+�"CA; r ;. - �� Geology and Soils Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure The project site contains a deep-seated landslide on the west flank of the easterly ridge, as well as a smaller landslide on the east flank of the central ridgeline. The project site contains unfavorable out -of -slope bedding plane orientation within localized areas on the west flank of the easterly ridge, on the east flank of the westerly ridge. Out -of -slope bedding plane orientations are anticipated to be exposed in most of the proposed cut slopes. The natural slope behind Lots 31 through 42 contains ungraded steep slopes and natural drainage channels that may not provide suitable stability for the constriction of additional structures. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measures: 1. All recommendations contained in the Final Geotechnical Report, prepared by Hu Associates, Inc. and approved by the City, shall be implemented during grading/construction activities on the project site, including, but not limited to, the following: • Slope creep affected bedrock materials were observed on-site. Most of the creep -affected bedrock on slopes will be removed during slope backcuts for buttresses prior to construction of graded features. An Engineering Geologist shall be present during grading to ascertain over -excavation depths necessary to remove slope creep affected bedrock. • Alluvium, colluvium, landslide debris, and undocumented artificial fill are not considered suitable to support the proposed development and shall be removed to competent bedrock, as approved by the project engineering geologist. • The depths of groundwater seepage and saturation may be subject to seasonal fluctuation. Sub -drains shall be constructed to control the subsurface groundwater flow and direct the groundwater to appropriate disposal areas. • Landslide debris must be removed to firm competent bedrock prior to the placement of compacted fill. • Buttress fills with internal backdrains will be required to stabilize the high cut slopes and transition slopes. Stabilization fills are recommended for all low - height side yard cut slopes and cut -to -fill transition slopes. Toe -of -slope fill keys and internal backdrains are recommended at the base of the proposed side -hill fill slopes. 13 C4 OAT a -17 • Expansion potential and soluble sulfate testing should be performed near the completion of rough grading to verify and or revise the recommendation presented in the Preliminary Geotechnical Report. 2. The sloping ungraded land downslope of the graded pads of tots 31 through 42 shall not be constructed upon without additional geotechnical investigation and shall be designated as "Restricted Use Zones" on each lot. Information about restrictions on development in the sloped ungraded areas shall be provided to future property owners of these lots prior to lot sales. Hazards Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure The project site is located within a Fire Zone 4 VHFHSV, in which exposure to fire hazards is a concern due to proximity to SEA No. 15. Lot 12 is directly adjacent to the SEA No. 15 and would not be able to accommodate a 200 -foot fuel modification buffer from the constructed home. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lesserf-the significant environmental effect as identified in the final EIR. Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measure: 1. Irrigation systems will be installed into manufactured slopes within the project site to further reduce the risk of wildland fires. 2. Lot 12 shall comply with applicable wildfire protection and fuel modification methods specified by the County Fire Department during building plan review and prior to issuance of building permits. Hydrology and Water Quality Potentially Significant Impact Reduced with the Implementation of a Mitigation Measure Exposed graded surfaces can contribute to loose sediment in stormwater runoff. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measure: 14 A-N-AceMV�4- Manufactured slopes shall be seeded with native vegetation and irrigated as soon as practicable after completion of" pad construction to reduce potential erosion and sediment discharges. Noise Potentially Significant Impacts Reduced with the Implementation of a Mitigation Measure Construction activities may produce noise levels that exceed the City's noise standards. Findings (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding Significant effects have been substantially lessened to a level that is less than significant through the incorporation of the following mitigation measures: 1. Construction activities would be limited to Monday to Friday between the hours of 7 am to 6 pm. 2. Prior to issuance of grading permits, a construction traffic plan, equipment staging area, and construction employee parking area program shall be submitted by the applicant to the City for approval to ensure that construction noise impacts from these sources are kept to a minimum. 3. The developer shall ensure that improved mufflers are used on mobile and stationary equipment, when feasible, and that proper maintenance is performed on construction equipment. D. IMPACTS THAT CANNOT BE MITIGATED TO A LEVEL CONSIDERED LESS THAN SIGNIFICANT The following sets forth all significant effects of the TTM 53430 project that cannot be reduced to a level of less than significant with the implementation of mitigation measures. The City of Diamond Bar will adopt a Statement of Overriding Considerations (Section F) for the unavoidable significant project impact. An unavoidable significant impact has been found for short-term (construction) air quality impacts. Air Quali The project will result in short-term construction impacts related to fugitive dust and equipment exhaust emissions. Construction would ienerate air emissions from grading activities, construction equipment, and employee veh cle exhaust emissions. Short-term construction emissions will exceed the SCAQMD's 1W pounds/day threshold and 6.75 tons/quarter threshold for particulate matter (PM10) and ZEE tons per quarter for oxides of nitrogen (NO,). Findings (1) Changes or alterations have been rquired in, or incorporated into, the project which avoid or substantially lessen the signs scant environmental effect as identified in the final EIR. 15 A:1TA-C 4 A4e5N`I z 1 (2) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of Findings The following facts and mitigation measures indicate that although the construction -related air quality emissions will be reduced to the extent feasible, they cannot feasibly be mitigated to a levet considered less than significant. The infeasibility of the No Project Alternative is addressed in the findings set forth below and any further alternative or mitigation measure sufficient to achieve reductions in emissions below the air district's thresholds would be infeasible for the same reasons. As a result, impacts associated with PM10 emissions are considered significant and unavoidable. These unavoidable effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations (in Section F below). 1. Water exposed surfaces three times a day. 2. Apply soil stabilizers to inactive areas. 3. Replace vegetative ground cover in inactive areas quickly, using perennials where possible. 4. Cover all stockpiles with tarps. 5. Install particulate filters on all diesel haul trucks. 6. Use particulate filters on all diesel equipment. 7. Use up -wind fencing where, applicable to prevent material movement on site. 8. Pre -water prior to earth -moving to maintain soil moisture content at a minimum of 12 percent so as to prevent dust plumes. 9. Maintain stockpiles to avoid steep sides or faces. 10. Tum off equipment when not in use for longer than five minutes. E. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT The City of Diamond Bar, having reviewed and considered the information in the TTM 53430 Final EIR, as defined above, finds, pursuant to CEQA and the CEQA Guidelines, that (a) the Final EIR considers a reasonable range of project alternatives; and (b) specific environmental, economic, legal, social, technological, or other considerations, including employment opportunities for highly trained workers, make infeasible the project alternatives identified in the Final EIR as well as other alternatives or mitigation measures which would reduce the construction -related air quality emissions below a level of significance. Facts In Support of Findings Overview of Standards for Determining a Reasonable Range of Alternatives Under CEQA Guidelines Section 15126(d)(1), EIRs are required to examine feasible mitigation measures and feasible alternatives to a proposed project. A critical element of any EIR is the selection of alternatives that warrant detailed review in the document. CEQA Guidelines Section 15126(d) states that: "...the discussion of alternatives shII focus on alternatives to the project or its location which are capable of avoid ng or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, r would be more costly." CEQA Guidelines Section 15126(d)(5) states that the "range of alternatives required in an EIR is governed by a 'rule of reason' that requires the EIR to set forth only those alternatives 16 ATrACHA4.rN 1 .Z 2 o necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project." In determining the scope of the alternatives analysis, and the reasonable range of the alternatives, the alternatives analyzed in the Final EIR were framed by considering the project objectives and purposes identified for the project, as well as the significant impacts of the project. The project objectives, as identified in the Draft EIR are as follows: 1. Provide low-density housing within the City consistent with the City's General Plan. 2. Design a residential project that maintains the scale and character of the surrounding Country Estates community. 3. Design a residential project that would allow future property owners to maximize the use and enjoyment of their property. 4. Design a residential project that uses similar grading and manufactures slope construction techniques as the surrounding residential developments in order to promote a sense of visual and aesthetic continuity. 5. Usually harmonize the manufactured incorporate design techniques to soften and surround.ing open -space. slopes with revegetated landscaping and the project's interface with the existing setting The Final EIR includes two alternatives, plus a discussion of alternatives considered and eliminated. The range of alternatives considlered presents a reasonable range and includes the No Action/No Project Alternative and a Minimal Grading/No Pads Altemative. Environmental Effects and Feasibility of the No Action/No Project Alternative Feasibility The No Action/No Project Alternative would eliminate the significant unavoidable construction air quality impacts and all other environmental impacts associated with the proposed project because no construction would occur on the site. However, residential development would likely proceed at some time in the future, The project site is surrounded by residential development to the north, west, and east, and property to the north is entitled for development and is currently in the environmental review process. The City has grown in population over the past decade and there are no indications that the demand for housing will decrease. The project site is currently entitled and zoned for residential development and would be ultimately developed with a project design that maximizers the development potential of the land. Comparative Merits This alternative would not fulfill any of the o jectives of the proposed project. The project site would remain underutilized, which is inconsistent with the City's General Plan. The No -Project Altemative would be temporarily environmen ally superior. This alternative would postpone, but not eliminate, development. It is likely that fi iture proposed development for the site consistent with the General Plan land use designation and zoning would have environmental impacts similar to the proposed project. Findings For the reasons stated above, this alternative would not accomplish the project objectives and would not be feasible. The Draft EIR found that the No Action/No Project Alternative was not 7 A4rAC-ffL4 F-,KJT a --2 1 the environmentally superior alternative and that the proposed project is preferred over this alternative. Environmental Effects and Feasibility of the Minimal Gradin /No Pads Alternative Feasibility The intent of this alternative is to preserve, to the greatest extent possible, the biological resources on the project site and to eliminate the need for off-site mitigation. This alternative would substantially reduce the amount of grading on the project site by eliminating the development of graded pads. The majority of grading activities would result from the development of the roadway system (depicted as "Street A") that would be connected to Rocky Trail Road. The extension of Alamo heights Drive would be eliminated in order to preserve the central drainage feature of the site, as well as due to the lack of fill material to develop the roadway extension. The average home footprint would be approximately 3,000 to 4,000 square feet per lot. Homes on the project site could be developed in a "pier and beam" technique that would conform to the existing topography and would be constructed one lot at a time. Homes would likely need to be "stair - stepped" down the property or terraced, in order to accommodate the steeply sloping hillside characteristics of the site. The landslide are s`on the project site would not be remediated and would be largely avoided, resulting in areas on the site with no development.. Therefore, the lots would be narrowed in order to accommodate the preservation of the landslide areas as well as to accommodate the relocation of lots from Alamo Heights Drive (in the proposed design) to "Street A" in this alternative. This alternative does not satisfy the majority of the project objectives. This alternative design would not reflect the typical home design of The Country Estates. Homes would be smaller in size and backyard lawns, landscaping, and opportunities for other recreational amenities, such as swimming pools, gazebos, or tennis courts would be infeasible for most of the lots. This design would not provide a residential community that maintains the scale and character of the surrounding neighborhood or promote a sense of visual and aesthetic continuity within The Country Estates. Implementation of the proposed project would provide an addition to The Country Estates that is consistent with the existing character of the community. The Country Estates includes large lots and large homes that generally provide the opportunity to have recreational amenities within the private lots. Given the fact that the majority of The Country Estates is already developed and occupied, the type of development proposed by the project (including large graded pads that can accommodate large homes) is in demand and highly desirable. Development of the Minimal Grading/No Pads Alternative would'be out of character for the surrounding community. Aside from the constructed home, the private lots would be largely unusable due to the need to protect biological resources via conservati n easement and the steep slopes that would not support recreational amenities or accessory structures. These restrictions on lot development would prevent the future property owners from fully utilizing their acreage and would potentially reduce the appeal and marketability of the property to potential buyers. Additional considerations include the reluctance of the neighbors and the Homeowner's Association to accept the design of this alternative, given the potential reduced property values and diminished aesthetics. 18 p--TTACA " f -AIT o'Z oZ 1 Comparative Merits This alternative would reduce the environmental impacts for all categories with the exception of aesthetics, geology, wildfire hazards, public services and utilities, which would remain the same. The most substantial reduction in impacts when compared to the proposed project design would be in the preservation of natural biological resources on the site and reduction in construction - related air quality impacts. Finding Because this alternative would significantly reduce several of the environmental impacts when compared to the proposed project, the Draft EiR found that the Minimal Grading/No Pads Alternative was the environmentally superior alternative as defined by CEQA. However, for the reasons stated above, the proposed project is preferred over this alternative. F. STATEMENT OF OVERRIDING CONSIDERATIONS The City of Diamond Bar, having reviewed and considered the information contained in the Final EIR (as defined above), finds, pursuant to CEQA and the CEQA Guidelines, that specific overriding economic, legal, social, technological, or other benefits of the project outweigh any and all significant effects that the project will have on the environment, and that on balance, the remaining significant effects for construction related air quality are found acceptable given the following overriding considerations: Planninq Context The economic character of Diamond Bar and its surroundings has changed dramatically over the past 10 to 20 years. The need for the ,project derives in part from projections of County growth in population, creating an increased demand for dwelling units. Project Objectives The overall objectives of the project are as follows: 1. Provide low-density housing within the City consistent with the City's General Plan. 2. Design a residential project that maintains the scale and character of the surrounding Country Estates community. 3. Design a residential project that would allow future property owners to maximize the use and enjoyment of their property. 4. Design a residential project that yeses similar grading and manufactured scope construction techniques as the surrounding residential developments in order to promote a sense of visual and aesthetic continuity. 5. Usually harmonize the manufactured slopes with revegetated landscaping and incorporate design techniques to soften the project's interface with the existing setting and surrounding open space. City of Diamond Bar Objectives The City of Diamond Bar's objectives for the p oject are those goals from the General Plan Land Use Element which are applicable to the project. They are as follows: 19 tq-�f+M I=NT 2 a Goal 1 Consistent with the Vision Statement, maintain a mix of land uses which enhances the quality of life of Diamond Bar residents, providing a balance of development and preservation of significant open space areas to assure both economic viability and retention of distinctive natural features of the community. Goal 2 Consistent with the Vision Statement, manage land use with respect to the location, density and intensity, and quality of development. Maintain consistency with the capabilities of the City and special districts to provide essential services which achieve sustainable use of environmental and manmade resources. Goal 3 Consistent with the Vision Statement, maintain recognition within Diamond Bar and the surrounding region as being a community with a well planned and aesthetically pleasing physical environment. Goal Consistent with the VisionStatement, encourage long-term and regional perspectives in local and nd use decisions, but not at the expense of the Quality of Life for Diamond IBar residents. Project Benefits Addition of Housing The development of the proposed project would contribute 48 additional housing units to the City of Diamond Bar. All'"of the significant impacts are temporary and construction related and all impacts, with the exception of air quality, would be mitigated to less than significant. Therefore, the long-term benefits associated with developing the proposed project outweigh the temporary impacts of construction. Dedication of Property — Approximately 0.9 acres of land along the western edge of the property will be preserved as open space and will maintain natural vegetation. Employment Opportunities — The project will create construction jobs, including opportunities for highly trained workers, which would contribute to the local economy of the City of Diamond Bar. Park Funds — The applicant is contributing funds (in an amount to be determined between the City of Diamond Bar and applicant) to the City of Diamond Bar Parks and Acquisition Fund, Infrastructure Improvement — All utilities for the proposed project will be underground. The following improvements would be required and implemented as part of the project: Extend an 8 -inch sewer line from the project site to the future intersection of Pathfinder Road and connect to an existing sewer line. Extend an 8 -inch water service line from the project site Steeplechase Lane and connect to an existing water line. Construct a booster pump station on Loot B near the southern boundary of the site. 20 TENTATIVE TRACT MAP 53430 ENVIRONMENTAL IMPACT REPORT SCH No. 2003051102 EIR (Mitigation Monitoring Program Prepared for: City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 Contact: Nancy Fong Planning Manager Prepared by: BonTerra Consulting 320 N. Halstead Street, Suite 130 Pasadena, California 91107 (626) 351-2000 Contact: Thomas E. Smith, Jr., AICP, FSMPS Principal December 6, 2005 g�kh1-3.1tip it ATMcAMf5NT :;z ay TV TTM 53430 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 Aesthetics IS@Ctlon 31) 1. Manufactured slopes will be temporarily revegetated and irrigated to minimize post -construction erosion and to complement the existing natural vegetation on the adjacent open space areas until the lots are sold and permanently landscaped. Landscaping for TTM 53430 will use native vegetation (i.e., oaks, walnuts, coastal sage scrub) on Commencing after the manufactured slopes that are adjacent to naturally vegetated areas to completion of radia p grading City Public Works On-site field check minimize the potential visual impacts of development. The plan activities Department materials, placement, and maintenance of the native revegetation shall be approved by the Fire Department and by the project biologist. Landscaping activities will be coordinated with mitigation for biological impacts to ensure consistency. Air Quality.(SsCtipn 3�) 1. Water exposed surfaces three times a day. Ongoing during all grading and construction activities On the last day of active 2. Apply soil stabilizers to inactive areas. operations. and/or prior to a weekend or holiday 3. Replace vegetative ground cover in inactive areas quickly, using Ongoing during all grading perennials where possible. and construction activities 4. Cover all stockpiles with tarps. Ongoing during all grading and construction activities Incorporate into 5. Install particulate filters on all diesel haul trucks. Ongoing during all grading and construction activities City Public Works Department contractor specification and on - site field check 6. Use particulate filters on all diesel equipment. Ongoing during all grading and construction activities 7. Use up -wind fencing where applicable to prevent material movement on Ongoing during all grading site. and construction activities B. Pre -water prior to earth -moving to maintain soil moisture content at a Ongoing during ail grading minimum of 12% so as to prevent dust plumes. and construction activities 9. Maintain stockpiles to avoid steep sides or faces. Ongoing during all grading and construction activities 10. Turn off equipment when not in use for longer than five minutes. Ongoing during ail grading and construction activities R:5PAS1ProjecLs%D9ARU009WMP-120605.doc 1 TTM 53430 TTM 53430 E1R Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) R %PAS%Pro*tSZBARV009kMMP-120605.doc TTM 53430 h E t3iotog.ical itesouraes (Section 3 3) 1. Prior to the issuance of a grading permit or the initiation of any activity that involves the remgval/disturbance of coastal sage scrub habitatthe , project applicant will develop a detailed coastal sage scrub mitigation plan and submit the plan to the City of Diamond Bar for review and approval. Mitigation will include a combination of on-site and/or off-gite preservation, enhancement, and/or restoration at no less than a 1:1 ratio. The objective of the mitigation plan is to ensure no net loss of habitat values as a result of the project implementation. 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 and resource agencies. The site Prior to the issuance of a City Public Works will either be located on the proposed development site in a dedicated grading permit or the Department, City Review of coastal open space area or dedicated open space area will be purchased offsite. initiation of any activity that Planning Department sage scrub mitigation Appropriate sites will have suitable soils for the establishment of coastal involves the removal or and California plan and on-site field sage scrub species. disturbance of coastal sage Department of Fish check C. Site preparation and planting implementation. The site preparation will scrub habitat and Game 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 10 miles of the project site). d. Schedule. A schedule will be developed which includes planting to occur in late fail 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 planting. f. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring i.e., photographs and general observations), 2quantitative R %PAS%Pro*tSZBARV009kMMP-120605.doc TTM 53430 9J J TTM 53430 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) "`','?.4 _ 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 on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian 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 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. A conservation easement and a performance bond will be secured prior to implementation of the site, try -audition, earth --moving equipment wilt—void maneuvering in`reas a outside the identified limits of grading in order to avoid disturbing open space areas that will remain undeveloped. 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. 2. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance 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 on-site and/or off- City Public Works site preservation and/or restoration at no less than a 1:1 acreage ratio. Department, City The native trees protected under the Diamond Bar Tree Preservation and Prior to issuance of a Planning Protection Ordinance require a minimum replacement ratio of 3:1. q p grading permit or the Department, U.S. Review of oak and initiation of any activity that Army Corps of walnut woodland A biological monitor will be present during project grading to record the involves the removal or disturbance of oak or Engineers, and mitigation plan and on-site field check exact number of native trees impacted. The objective of the mitigation walnut woodland habitat California plan is to ensure no net loss of habitat values as a result of the project Department of Fish implementation. Native trees replaced at a 3:1 ratio per the City and Game ordinance should be used in restoration of the 1:1 acreage replacement of oak and walnut woodland habitat. 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 R:1PAS4Projecls%D8ARU G09W MP-120605.doc TTM 53430 TTM 53430 E!R Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) "MMM «S^ � d�..}'i'F '"`;�u:. �5�i .9 ��''.'?.` 3.�2'`�,t _"�':... ,.. .«�,?' �'•s�$� .�.. �:, :. .. � q`�;p?,, R F°` 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 witl 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. 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 10 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 planting including the option of continual planting of acorns to ensure a diversity in habitat structure. f. Monitoring pian. 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 riparian habitat within the restored and created areas; however, if there is successful coverage prior to five years, the project R:TAS%ProjectsOBARV 009W M P-120605.doc TTM 53430 TTM 53430 E!R Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) R:%PASlProjects\DBAF;N}0091M MP-120605.doe TTM 53430 applicant may request to be released from monitoring requirements from the ACOS, 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. 3. Prior to issuance of a grading permit, the applicant shall provide the City with copies of applicable ACOS and CDFG permits for the proposed project. Compensatory mitigation for the loss of wetland or riparian function and values is a fundamental component of the applicable regulatory programs. Mitigation can consist of: 1) avoidance or City Public Works minimization of impacts, 2) compensation in the form of habitat Department, City restoration, or 3) compensation through participation in a mitigation bank. Planning Avoidance and minimization of impacts is preferred by the agencies. Any Department, U.S. Review of applicable compensation through restoration should be on-site, if possible, and in Prior to issuance of a Army Corps of ALOE and CDFG kind. The exact requirements of any special permit conditions grading permit Engineers, and permits and on-site establishgd for the proposed project would be determined by the ACOE California field check (Section 404) and/or the CDFG (Streambed Alteration Agreement), Department of Fish following review of the formally submitted project application after and Game 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 R:%PASlProjects\DBAF;N}0091M MP-120605.doe TTM 53430 0 TTM 53430 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) : yr Std, 7 5 program will be developed by the project applicant and will be submitted for approval by the ACOE 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 a site 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 10 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 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 riparian habitat within the restored and created areas; R:1PAS\Projects\DBARU009WMP•120605.doc 6 TTM 53430 TTM 53430 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) .. ,�"^:'� - ... a Yp $ NO 5 -r Via: e ?:e wa ,'T:. -' "a: t `1,�x_T �^^C 9= s _ ahz-1 a ffi"" _•+"' . r., 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 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- - - ace area. During within --- -—-- 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. 4. 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 City Public Works for surveyor access or geotechnical studies, or areas that may be burned Survey to be conducted Department, City in a future wildfire. If Braunton's milk vetch is found in the study area prior to commencement of Planning during follow-up surveys, the applicant will be required to consult with the grading activities and after Department, U.S. Review of survey USFWS and CDFG to obtain a permit under Section 7 or 10(a) of the soil disturbance through Fish and Wildlife findings federal Endangered Species Act and a Section 2081 concurrence from surveyor access or Service, and CDFG under the state Endangered Species Act to impact this species. geotechnical studies or California The consultation process will include preparation of a mitigation plan to after wildfire Department of Fish avoid, relocate, or minimize impacts on this species. This plan will be and Game submitted to and approved by the USFWS and CDFG. 5. Seven days prior to the onset of construction activities, a qualified biologist will survey within the limits of project disturbance for the City Public Works presence of any active raptor nests (common or special status). Any nest Department, City found during survey efforts will be mapped on the construction plans. If Seven days prior to the Planning no active nests are found, no further mitigation would be required. commencement of Department, and Review of survey Results of the surveys will be provided to the CDFG. gradingiconstruction California findings activities Department of Fish If nesting activity is present at any raptor nest site, the active site will be and Game rotected until nesting activity has ended to ensure corn fiance with R:1PAS%ProjeetsO BARU0091M MP -120605. doc TTM 53430 1J TTM 53430 EIR Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) �`' `° � t� . ,� � �� �:•.^Y" d�� n'�.', av�'r . _ 3si �`r'$,knc�.'. < .^ka, ai' , i�g6 � �IFa air k % }y+w s,..zr.- "� fey, � -t" +' •.y. " ..,.fin _.tt:�. ..+:�"„ ems" ry� .§..�:.`.��". :Y,:_ 'd iav :.'�q��S:F?.� g:. ?s`.e° .i.%_ MSH. -M-1.. #:.. y'"'.�"t 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 on construction are required between February 1 and June 30 (or until nests are no longer active as determined by a qualified biologist): 1) clearing limits will be established a minimum of 300 feet in any direction from any occupied nest and 2) access and surveying will be 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. City Public Works 6. Prior to the issuance of a grading permit, a Habitat Mitigation Plan that Department, City Planning details the plans for on-site and off-site vegetation mitigation shall be Prior to the issuance of a Department, and Review of Habitat finalized, submitted, and approved by the City of Diamond Bar and the grading permit California Mitigation Plan status California Department of Fish and Game. Department of Fish and Game 7, 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 General NPDES Permit) and will comply with all City Public Works Review of SWPPP the provisions of the permit, including the development of a Storm Water Prior the issuance of a Department and and perform site visits Pollution Prevention Plan, which includes provisions for the grading permit g Regional Water to review associated implementation of Best Management Practices and erosion control Quality Control BMPs 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. RAPASXProiedslDBARV 002WMP-120605.doc TTM 53430 OR Mitigation EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) TTM 53430 0 MWIN TNi, was MrM �d1 `B' 4.7- 8. Landscape designs will be submitted to the City for review and approval by a qualified biologist. The review will ensure that no invasive, exotic In conjunction with plant species are used in any proposed landscaping, and that suitable development of final plans City Public Works Review of final design substitutes are proposed. Ideally, only native species should be used in and specifications and prior Department and City plans landscaping along the southern boundary, adjacent to Tonner Canyon, to initiation of grading Planning Department which is a County -designated SEA. Natives used should include activities chaparral and woodland species that currently occur in the study area. 9. To limit the amount of human disturbance on natural open space areas on and adjacent to the study area (i.e., Tonner Canyon), a fencing plan In conjunction with will be submitted to the City. Prior to obtaining occupancy permits, signs development of final plans City Public Works and split -rail fencing (the latter, if appropriate) will be posted directing and specifications and prior Department and City Review of final design people to keep out of the natural open space areas and revegetation to initiation of grading Planning Department plans _- areas {if applicable,In addition, the projec# applicant will be required to - --- - - -- post signage stating that dogs will be required to be leashed in areas activities near the natural open space areas that abuts Tonner Canyon SEA. :Cultura.I. Resources (Section 3.4) 1. A qualified archaeologist shall be retained to attend the pre -grade meeting and to monitor grading activities. During grading activities, the archaeologist shall conduct limited monitoring to observe and retrieve any Prior to issuance of grading City Public Works buried artifacts that may be uncovered. The archaeological monitor for permit and during grading Department On-site field check the project site shall have the authority to temporarily divert or direct activities grading to allow time to evaluate any exposed prehistoric or historic material. 2. A final monitoring report, including an itemized inventory and pertinent Upon completion of radia p p grading City Public Works Review of final field data, shall be sent to the property owner and to the South Central activities Department and City monitoring report Coastal Information Center at the University of California, Los Angeles. Planning Department 3. 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 City Public Works Deposition 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 or La Puente Valley Historical Society, where collections are held locally. 4. A qualified paleontologist shall be retained to attend a pre -grade meeting Prior to issuance of grading City Public Works On-site field check and produce a mitigation program for the proposed project. This permit and during grading Department and City and review of paleontologist shall attend the pre -grade meeting to discuss the activities Planning Department mitigation program Monitoring, collecting, and safe rocedures for the project and shall R:IPAs�Projwsl66AR00081MM P-120605. doc tr11TWE M 1N Z TTM 53430 E1R Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) .E . g. � --° ,.A .M'`: N.".-am"I" �r�lort�.. V, RKM �t�N�11111 .- supervise the paleontologic monitoring during earth moving activities in the area. 5. 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 rate of fossil recovery, the number, density, and types of fossils that are encountered, the numbers of spreads working simultaneously, and the cubic foot amounts of rock being excavated or disturbed. Screening of sediments shall routinely be conducted during monitoring under the supervision of the paleontologist to sample significant small vertebrate During grading activities City Public Works On-site field check remains. The paleontological monitor shall have the authority to Department temporarily divert or redirect grading to allow time to evaluate any exposed fossil material. During monitoring, any scientifically significant ' -_-_-- - specimens shall >prp a Ysalvaged -after evaluation Y. and under the supervision of, the paleontologist. During fossil salvage, contextual stratigraphic data shall also be collected. This will include lithologic descriptions, localities plotted on a USGS 7.5' Series topographic quadrangle, photographs, and field notes. 6. 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 7. A final report shall be prepared at the end of earth moving activities, and shall include an itemized inventory of recovered fossils and appropriate City Public Works stratigraphic and locality data. This report shall be sent to the City of Upon completion of grading Department and City Review of final report Diamond Bar to signify the end of mitigation. Another copy shall activitles Planning Department accompany any recovered fossils, along with field logs and photographs, to the designated repository. .. GealagylSails (Sectian3,5) 1. All recommendations contained in the Final Geotechnical Report, prepared by Hu Associates, Inc. and approved by the City, shall be implemented during grading/construction activities on the project site, including, but not limited to, the following: During grading and City Public Works Review of grading construction activities Department plans and on-site field • Slope creep affected bedrock materials were observed on-site. Most of check the creep -affected bedrock on slopes will be removed during slope backcuts for buttresses prior to construction of graded features. An Engineering Geologist shall be present during grading to ascertain over- R:tPASFrojectsNDBARV 0091MMP-120605.d oc 10 TTM 53430 TTM 53430 E1R Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) R:%PAS1ProjeosOBARU009W MP-120605.doc TTM 53430 wag WINE erwa. C Ye,. — excavation depths necessary to remove slope creep affected bedrock. • Alluvium, colluvium, landslide debris, and undocumented artificial fill are not considered suitable to support the proposed development and shall be removed to competent bedrock, as approved by the project engineering geologist. • The depths of groundwater seepage and saturation may be subject to seasonal fluctuation. Sub -drains shall be constructed to control the subsurface groundwater flow and direct the groundwater to appropriate disposal areas. • Landslide debris must be removed to firm competent bedrock prior to the placement of compacted fill. • Buttress fills with internal backdrains will be required to stabilize the high cut slopes and transition slopes. Stabilization fills are recommended for all low -height side yard cut slopes and cut -to -fill transition slopes. Toe -of - slope fill keys and internal backdrains are recommended at the base of the proposed side -hill fill slopes. • Expansion potential and soluble sulfate testing should be performed near the completion of rough grading to verify and or revise the recommendation presented in the Preliminary Geotechnical Report. 2. The sloping ungraded land downslope of the graded pads of Lots 31 through 42 shall not be constructed upon without additional geotechnical investigation and shall be designated as 'Restricted Use Zones" on each During grading and City Public Works Review of grading lot. Information about restrictions on development in the sloped construction activities Department plans and on-site field ungraded areas shall be provided to future property owners of these lots check prior to lot sales. Hazards and Hazardous Ailleterilals {$ectiQn 3.6) . 1. Irrigation systems will be installed into manufactured slopes within the City Public Works Department and Los Review of final design project site to further reduce the risk of wildland fires. During grading activities Angeles County Fire p Ions and on-site field Department check City Public Works 2. Lot 12 shall comply with applicable wildfire protection and fuel Department and City Review of final design modification methods specified b the CountyFire Department during p y p g During Kadin activities g g' g Planning Department plans and on-site field building plan review and prior to issuance of building permits. and Los Angeles check County Fire Department R:%PAS1ProjeosOBARU009W MP-120605.doc TTM 53430 411 TTM 53430 E!R Mitigation Monitoring Program EIR MITIGATION MONITORING PROGRAM TTM 53430 (Continued) R:%PAS\Projects\DMRUG09WMP-120605.doc 12 TTM 53430 A. CITY COUNCIL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE TRACT MAP NO. 53430, A 48 LOT RESIDENTIAL SUBDIVISION LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEGHTS DRIVE AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFO NIA AND DENYING THE APPEAL FILED BY DR. HOFU WU, ET AL. (AON NOS. 8713-023-002, 8713-023, 8713- 023-005, 8713-024-001 AND 8713-024-002) RECITALS The property owner/applicant, Millennium Diamond Road Partners, LLC, has filed an application for Tentative Tract Map No. 53430 (TTM 53430), as described in the title of th s Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map shall be referred to as the "Application." 2. On February 1, 2006 public hearing notices were mailed to approximately 180 property owners of re ord within a 1,000 -foot radius of the project site. On February 1, 2006 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. On February 9, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, and pursuant to Public Resource Code, Section 21092.5, o i February 6, 2006, agencies commenting on the project's Environmental Impact report were notified in writing of the February 21, 2006 City Council put lic hearing. t 3. On December 13, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the public hearing to January 10, 2006. 4. On January 10, 2006, t e Planning Commission re -opened the public hearing and concluded the public hearing on the application. At that time, the Planning Commission recommended that City Council approve Tentative Tract Map No. 53430. 5. On January 20, 2006,1 an appeal of the Planning Commission's recommendation to City Council was filed by the residents on Kicking Horse Drive. 5. On February 21, 2006, Ithe City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application and appeal. City Council Resolution No. 2006 -XX A--MA6i-WOW-r 3-1 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 (SCH No. 2003051102) 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 August 20, 2004, and ended October 4, 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 orthe habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to vacant land located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane 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 with Rocky Trail Road as a secondary emergency access. (b) The project site has a General Pian 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. However, Zone Change No.2005-03 within Planning Commission Resolution No. 2006-03 recommends that the City Council approve the zone change from R-1-20,000 to Rural Residential (RR) for General Plan compliance. 2 City Council Resolution No. 2006 -XX A-17ACN-MOPJT .3-2- (d) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) and R-1-40,000 zoning districts surround the project site. (e) The Application request is to certify the Environmental Impact Report; to subdivide a 80 acres site into 48 parcels with a minimum lot size of one acre for the eventual development of 48 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; to allow retaining walls with an exposed height of more than six feet; 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 48 lot subdivision with a gross density of 0.6 dwelling units per acre. The 48 lots will vary in size from 9.02 gross aces to 4.97 gross acres, with a majority of the lot sizes falling between 9.0 to 2.0 acres. 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 north of the proposed map, the secondary emergency access at Rocky Trail Road, revegetation of slopes, installation of sewers and drainage facilities is in accordance with the Objectives and Strategies of the General Plan. As a result, TTM 53430 is consistent with the General Plan. (g) The project site is physically suitable for the type and proposed density of the development. The project site is approximately 80 gross acres. TTM 53430 proposes to subdivide 80 gross acres into 48 lots with streets and an open space lot for revegetation for the future development of 48 single-family custom homes. As referenced above in Finding (0, 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 TTM 53430 reviewed the map's suitability for the project site, access, circulation, 3 City Council Resolution No. 2006 -XX A1111"AC4A4rNr 3 —3 grading, aesthetics, land use, etc. The 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. However, the environmental issue related to Air Quality impacts may have a significant effect on the environment. The operational characteristics of the project (after homes are built and occupied) will not have a significant effect on the environment. The fugitive dust impacts (PM1o) during grading activities could be worsened at the local level and be cumulatively considerable in the short-term if there are projects under construction simultaneously in the immediate vicinity. VTTM 53670 (Yeh project) is located to the north of this project and will involve approximately 102,000 cubic yards of grading over 7.5 acres. According to the preliminary air quality report prepared by JHA Environmental Consultant for VTTM 53670, construction emissions from grading on that site will not result in a significant impact. However, if the project site (TTM 53430) and VTTM 53670 are graded simultaneously, short-term air quality impacts from fugitive dust would be considered cumulatively considerable. Mitigation Measures will be incorporated into the design of TTM 53430 as follows: • Water exposed surfaces three times a day; • Apply soil stabilizers in inactive areas; • Replace vegetative ground cover in inactive areas quickly, using perennial, where possible; • Coverall stockpiles with tarps; • Install particulate filters on all diesel haul trucks; • Use particulate filters on all diesel equipment; • Pre -water prior to earth -moving to maintain soil moisture content at a minimum 12 percent so as to prevent dust plumes; • Maintain stockpiles to avoid steep sides or faces; and • Turn off equipment when not in use for longer than five minutes. After incorporation of the above mitigation measures, emissions of PMio will be substantially reduced, but will remain significant on both the peak day and in the peak quarter. After mitigation, all other emissions will be less than significant on both the peak day and in the peak quarter. As a result, a Statement of Overriding Consideration is required to certify the EIR. City Council Resolution No. 2006- for the certification of the EIR will be considered concurrently and approved with the project. 4 City Council Resolution No. 2006 -XX A-TIA,C++"BW T .3 q (h) The design of the subdivision or the proposed improvements is 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, enhancement, and/or restoration at no less than a 1:1 acreage ratio; ■ Native tree protection at a 3:1 ratio to replace 348 coast live oak trees, 250 scrub oak and 279 California black walnuts; ■ 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 qualify, traffic, and public services have been incorporated into the proposed map. Mitigation measures are summarized as follows: o Manufactured slopes would be designed at a slope ratio of no steeper 2:1 and keyed into approved natural ground; o Standard conditions of approval related to compliance with Uniform Building Code; o All grading be performed under the observation of registered geotechnical engineer; o Recommendations contained 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; 5 City Council Resolution No. 2006.XX Ai-rA .4+AA ENT 3-:5 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 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. (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 discharge 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 TTM 53430 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 WaterAct 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, 0 City Council Resolution No. 2006 -XX r��-C44MEWT '3 -<, mitigation measures, potentially significant water quality impacts would be reduced to levels less than significant. {f} 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. An EIR prepared for TTM 53430 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. Anpeal Findings (o) The appellant has raised the following objection to the subdivision of TTM 563430: (1) Though the tentative tract map refers to the EIR report done by BonTerra Consulting in late 2004, the current developer did not acquire the land until the later part of 2004. Whether the EIR refers to the previous subdivision design or current subdivision design is unclear. The proposed project was submitted to the City in February 2002. It went through many design revisions prior to the California Environmental Quality Act (CEQA) process which included the preparation of a Draft Environmental Impact Report (DEIR) and circulation of the DE1R. As a result of the DEIR's circulation, the City received comments on the project from responsible agencies. Subsequently, the project was 7 City Council Resolution No. 2006 -XX revised. Additionally, a new partner became applicant and a new geotechnical engineer was hired. An update to the DEIR was prepared due to the project's revisions. It was determined that the revisions were not substantial and the DEIR did not need to be circulated again. The project was present to the Planning Commission at a study session and public hearing on December 13, 2005 and continued January 10, 2006. Therefore, the DEIR and Update addresses the proposed subdivision as present to the Planning Commission on December 13, 2005 and January 10, 2006 and City Council on February 21, 2006. 5. Based on the findings and conclusions set forth above, the City Council hereby approves TTM 53430 subject to the following conditions and Standard Conditions attached hereto and referenced herein and denies the appeal of Dr. Hofu Wu et al: a. GENERAL (1) This approval shall be null and void and of no affect unless the Environmental Impact Report (SCH No. 2003051102) is certified and Tentative Tract Map No. 53430, the Mitigation Monitoring Program, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 are approved. b. SITE DEVELOPMENT (1) Walls/retaining walls located on Lots 25 and 26, Lot 31 (secondary access/Rocky Trail Road), Lot "A" trail and maintenance easement and on the west side of Alamo Heights shall be constructed from Architectural Shotcrete with irrigated pockets in the wall for plant material. Plant material shall be the kind that cascades down the wall. Prior to final map approval, applicant shall provide retaining wall plan delineating the irrigation and species, quantity and size of the plant material. Trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall be a minimum 5 gallon size and planted three feet on center. All landscaping/irrigation plan shall be reviewed and approved by the Community Development Director. (2) All other walls shall be constructed from decorative material such as split face block, etc., to the satisfaction of the Community Development Director. 8 City Council Resolution No. 2006 -XX A-TrA-C-i-A4r-PJ r 7, -ff (3) The retaining walls on Lots 25 and 26 adjacent to Street "B" shall be designed as two retaining walls, thereby reducing the height of each wall, with a planter area between the walls. Prior to final map approval, applicant shall provide a plan delineating two retaining walls with planter, irrigation, species, quantity and size of the plant material. Trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall be a minimum five gallon size and planted three feet on center. All landscaping/irrigation plans shall be reviewed and approved by the Community Development Director. (4) The two 10 -foot high retaining walls for Lot 31 will provide a five foot wide planter area adjacent to the pad and the first retaining wall, and heavily landscape the five foot planter area as well as the planting areas between the walls to reduce the visual and aesthetic impact from Street "A" and Lot 31. Priorto final map approval, applicant shall provide a plan delineating the two retaining walls with planter areas, irrigation, species, quantity and size of the plant material. Trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall be a minimum five gallon size and planted three feet on center. All landscaping/irrigation plans shall be reviewed and approved by the Community Development Director. (5) Retaining walls on the following Lots shall not exceed the exposed height as delineated in Exhibit "A" as follows: Lots 13, 14, 15, and 16 Maximum exposed height — 10 feet Lots 27, 28, 29, 42 and 43 Maximum exposed height — 5 feet Lot A Maximum exposed height — 10 feet (6) A trail is located within the project site. Prior to final map, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface constructed from decomposed granite in accordance with City Master Trail Plan for the Parks and Recreation Director's review and approval. (7) Prior to final map approval, applicant shall make a "good -faith" effort to obtain an additional 50 foot wide off-site grading easement across Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 9 City Council Resolution No. 2006 -XX At7,WOA47_S--9 and Lot 96 of Tract 30578 which have rear properties adjacent to Alamo Heights Drive. The applicant shall provide written permission to the satisfaction of the City Engineer from the property owners of said lots affected by the off-site grading. If the 50 foot wide easement is obtained, applicant shall provide irrigation and landscaping for the 50 wide foot easement on said lots and existing 40 foot wide easement adjacent to Alamo Heights Drive for a total of approximately 90 feet wide. Applicant shall maintain this 90 foot easement until the responsibility becomes part of the homeowners association. If the applicant is unable to get the additional off-site grading easement from any one of the above mentioned lots of Tracts 32482 and 30578, the applicant shall submit plans with alternative design delineating retaining walls not to exceed a maximum exposed height of 15 feet subject to the Community Development Director's review and approval prior to the issuance of any permits. (8) Prior to final map approval, applicant shall submit a landscape/irrigation plan for the grading easement(s) adjacent to Alamo Heights Drive for the Community Development Director's review and approval. Trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall be a minimum five gallon size and planted three feet on center. (9) If the extension of Alamo Heights Drive necessitates a retaining wall on the east side of the street, the applicant shall bear full cost of the retaining wall and may be required to obtain permission from the owner of VTTM 53670. Prior to final map approval, the applicant shall submit written permission to the Public Works/Engineering Department. Any retaining walls along the east side of Alamo Heights Drive shall not be taller than six feet. Prior to final map approval, design/construction plans for the walls and landscape/irrigation plans for the planter areas shall be reviewed and approved by the Public Works/Engineering Department, Building and Safety Division and Planning Division. (10) Applicant of TTM 53430 and owner of VTTM 53670 shall enter into a shared cost/reimbursement agreement to the center line of the street for the future extension of Alamo Heights Drive and utilities which will serve both tracts. This agreement may include the maintenance of retaining walls with planter areas and landscaping located on the east side of Alamo Heights Drive. Prior to final map approval, said agreement shall be 10 City Council Resolution No. 2006 -XX AJTAC- -"ON t` 3 /a submitted to the City Public Works/Engineering Department and City Attorney for review and approval. 01) The applicant/owner of TTM 53430 and VTTM 53670 shall work in "good faith" together to balance the grading on-site for the extension of Alamo Heights Drive and grading for development. (12) Applicant shall install wrought iron fencing/gate at the access point of the Los Angeles County's maintenance road located adjacent to Alamo Heights Drive. C. STREET IMPROVEMENT (1) Prior to final map recordation, the applicant shall submit plans delineating the improvement and extension of Alamo Heights Drive for the Public Works/Engineering Department review and approval. The improvement and extension shall align with and be compatible with Vesting Tract Parcel Map No. 53670. The improvement and extension of Alamo Heights Drive shall be completed prior to final inspection of grading activities. (2) Emergency secondary access from Rocky Trail Road into the project area and the access road to the sanitary lift station shall be constructed in accordance with the Fire Department requirements and to the satisfaction of the Public Works/Engineering Department. Prior to final map approval, the applicant shall submit plans delineating the design of the secondary access and roads to the sanitary lift station to the Public Works/Engineering Department for review and approval. Said plans shall include landscaping/irrigation at the terminus of Rocky Trail Road for the secondary access. (3) Cul-de-sac in accordance with all applicable City standards shall be constructed at the terminus of Rocky Trail Road. d. GRADING (1) As noted in the reports by Neblett and Associates, significant additional investigation and analysis of the development shall be required as the project proceeds. The findings of that investigation could result in changes to the recommended remedial grading, the establishment of building setback zones not currently recommended, and changes to other recommendations within the existing reports. That future investigation shall include a detailed subsurface investigation 11 City Council Resolution No. 2006 -XX A-17WC4-)-M EWT 3+// to more accurately evaluate the geotechnical conditions for each slope onsite and shall particularly focus on the edge conditions of the tract as noted in the response report by Neblett and Associates. In addition, the investigation shall include additional laboratory testing of soil samples collected to further evaluate site conditions and engineering properties of the earth materials, including the strength parameters used in the slope stability analysis and deep fill settlement calculations. (2) All buttress back -cuts and remedial grading shall be final designed to be contained within the tract boundaries unless an offsite easement is executed by an adjacent landowner. Remedial grading limits, buttress keys and back -cuts, etc., shall be placed on the final 40 -scale grading plan to indicate final soil disturbance limits prior to approval of grading plan submittal of final tract map approval, whichever comes first. (3) Any identified geologic hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Restricted Use Area." The owner 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. (4) Concurrently with the precise grading plan check, the debris basin access road surfaces shall be approved by both the Los Angeles County Fire Department and Los Angeles County Public Works. (5) The applicant shall provide gates at the debris access roads to prevent access to non -maintenance personnel. e. FIRE DEPARTMENT (1) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (2) Fire Department access shall be extended to within 150 feet distance of any interior portion of all structures. (3) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to 12 City Council Resolution No. 2006 -XX insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be installed, tested and extended over 150 feet in length. (4) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. (5) This property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702-2904, phone # 626-969-5205). (6) Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be required. (7) Applicant shall provide fire flow for public fire hydrants at this location at 1250 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. Provide one hydrant flowing simultaneously, one of which shall be the furthest from the public water source. (8) Twelve fire hydrants shall be installed by the applicant as required by the Fire Department. (9) All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two hour rated firewall. 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: Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010 APPROVED AND ADOPTED THIS 21 st DAY OF FEBRUARY 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. 13 City Council Resolution No. 2006 -XX Arr_yANr 3-/3 Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced and adopted by the City Council of the City of Diamond Bar, at a regular meeting held on the 21St day of February 2006, by the following vote: AYES: Council Member: NOES: Council Member: ABSENT: Council Member. ABSTAIN: Council Member: Linda C. Lowry, City Clerk, City of Diamond Bar 14 City Council Resolution No. 2006 -XX F -N t 3-141 IT COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) Project #: TTM NO. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 Subject: 48 Lot Residential Subdivision Applicant: Millenium Diamond Road Partners, LLC Location: Directly south of Rocky Trail Road and Alamo Heights Drive west of Horizon Lane ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7032, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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 Tentative Tract Map No. 53430 (TTM 53430) 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. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any 15 City Council Resolution No. 2006 -XX A'f,�,'v x mr g-15 claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Applicant shall include signed copies of the City Council Resolutions of Approval Nos. 2006- , 2006- and 2006- Standard Conditions, and all environmental mitigations on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised plans such as, but are not limited to, site plan, landscape/irrigation plans, grading plans, etc., incorporating all conditions of approval shall be submitted by the applicant for Planning Division review and approval prior to plan check submittal. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee in accordance 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 approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this project shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEESIDEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety and Public Works/Engineering Department and Mitigation Monitoring, etc.,) 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 building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. ii. City Council Resolution No. 2006 -XX 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland in accordance to Subdivision Ordinance Chapter 21.32. 3. Prior to any public hearing or final map approval, all deposit accounts forthe processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee in accordance 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. C. TIME LIMITS 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 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. 2. In accordance to Subdivision Map Act Section 66463.5, TTM 53430 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 TTM 53430 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT The project site shall be developed in substantial conformance with TTM 53430, except as conditions herein, and as conditioned in Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 submitted to the City Council collectively attached hereto as Exhibit "A" -subdivision map, Exhibit "C" -Statement of Overriding Consideration, Exhibit "D" -Mitigation Monitoring Program dated December 6, 2005, and Environmental Impact Report (SCH No. 2003051102) dated August 17, 2004, and Update information for VTTM 53430 Environmental Impact Report dated October 13, 2005, as modified herein. 2. The Mitigation Monitoring Program outlined in Environmental Impact Report (SCH No. 2003051102) approved by the City shall be implemented and 17 City Council Resolution No. 2006 -XX ,AiTA%3-#uxAjr 3-/7 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. 3. Proposed future custom single-family residential units shall comply with the City's Development Review process. 4. Prior to final map recordation or prior to grading permit issuance (which ever occurs first), the applicant shall negotiate to annex into "The Country Estates" Homeowners Association. If annexation occurs, each lot of TTM 53430 shall be subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's). 5. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) that are compatible with the "The Country Estates" Homeowners Association CC&R's. The CC&R's and Articles of Incorporation of the homeowners association are subject to the approval of the Planning and Public Works/Engineering Department and the City Attorney. The CC&Rs shall be recorded concurrently with the Final Map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The homeowners association shall submit to the Planning Division a list of the names and addresses of the officers on or before January 1 of each and every year and whenever said information changes. 6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the names and addresses of their officers on or before January 1 of each and every year and when ever said information changes. 7. Prior to the final map recordation or issuance of building permit, whichever come first, the applicant 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 City Council Resolution No. 2006 -XX document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 8. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 9. All single-family residential units shall be required to obtain Development Review approval. Additionally, single-family residential dwelling units shall use 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) Buildable pad coverage with structures shall not exceed 30 percent; (f) 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; and (g) Each custom home shall have a unique and individualistic architectural style that truly reflects a custom designed home. The design elements shall stay true to the architectural style. 10. 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. 11. Prior to final map approval or issuance of building permit, whichever come first, 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. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 13. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 19 City Council Resolution No. 2006 -XX AtAO#A "-r 3 _�q E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to final map approval, a detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval. 2. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval. 3. 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 Planning Division for review and approval. Mitigation shall include on site and/or 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 348 coast live oak, 250 scrub oak and 270 southern California black walnuts will be removed by the project's development, totaling to 868 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. 4. 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 slopes 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. F. SOLID WASTE 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 20 City Council Resolution No. 2006 -XX 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. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 2. The applicant shall obtain a permit from the Los Angeles County Public Works Department for work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. 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. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days priorto final map approval. 5. Priorto 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. 21 City Council .Resolution No. 2006 -XX 6. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 7. 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. 8. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 9. Prior to issuance of grading permits, 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. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. All identified geologic hazards within the 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. 12. 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. 13. 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 Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 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. 22 City Council Resolution No. 2006 -XX AIMA4-W-R%iV�- 3--yZ- 16. After the final map records, applicant shall submit to the Public Works/Engineering Department, 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 Vesting Tentative Tract Map No. 53670. 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 by the applicant from the affected property owner and the City as required by the City Engineer. 22. Applicant shall submit document(s) from Diamond Bar Country Estates Association indicating the project will have proper/adequate right -of -entry to the subject site. B. GRADING 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. 2. Retaining wall design and calculations shall be submitted to the Building and Safety Division for review and approval concurrently with the grading plan check. 3. 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 23 City Council Resolution No. 2006 -XX ��MJ%4jr 3.23 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. 4. All equipment staging areas shall be located on the project site and shall be approved by the Public Works/Engineering Department. 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. 5. 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). 6. 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. 7. 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 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. 24 City Council Resolution No. 2006 -XX AITAc:-qA4owr 3 - a4 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. 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. 8. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 9. 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. 10. 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. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 11. All slopes shall be seeded per landscape plan and/or fuel modification plan 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. 12. Prior to the issuance of any City permits, the applicant shall submit an erosion control plan which shall be approved by the City Engineer. The erosion control plan shall be made in accordance to the City's NPDES requirements. 13. Prior to the issuance of any City permits, the applicant shall submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport for the City Engineer's review and approval. 14. Applicant shall prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 25 City Council Resolution No. 2006 -XX AI*Ca*Xl0A y' v -'R5 15. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 16. Applicant shall submit rough Grade certifications by project soils engineer prior to issuance of building permits for the foundations of structures. Retaining wall permits may be issued without a rough grade certificate. 17. Applicant shall submit final grade certifications by project soils and civil engineers to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones, native rock or as required by the Director so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. 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. 3. 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. 4. 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. 5. 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. 26 City Council Resolution No. 2006 -XX A-rrAr-A'-"OA3T S--2�o 6. Prior to the issuance of a grading permit, the applicant shall submit a complete hydrology and hydraulic study which 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. 7. Prior to the issuance of a grading permit, the applicant shall submit a final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format to be reviewed and approved by the City Engineer and Los Angeles Public Works Department. 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. 8. Prior to the issuance of a grading permit, a comprehensive maintenance plan/program shall be submitted by the applicant concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. 9. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. 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. 3. 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. 4. New street centerline monuments shall be set at the 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. 27 City Council Resolution No. 2006 -XX 5-.z7 5. 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. 6. 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. 7. Prior to the issuance of any City permits, the applicant shall install street signs at all intersections within the tract per Public Works/Engineering Department requirement. 8. Prior to issuance of building permits, a house numbering plan shall be submitted to the Public Works/Engineering Department for review and approved and each lot shall be identified by the approved address. 9. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. E. UTILITIES 1. Prior to final map recordation, easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. 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. 3. 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. 4. Prior to final map, the applicant shall submit to the City written certification from all utility companies (i.e., water, phone electric, gas and cable TV, etc.,) and any other service related to the site shall be available to serve the Proposed project. Such letters shall be submitted within ninety (90) days prior issuance of grading permits. M City Council Resolution No. 2006 -XX A -1 7tir1A rr 3 x,V 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 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. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS Prior to final map approval, the 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 City and 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 Department 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 shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards prior to occupancy at applicant's sole cost and expense. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report dated December 2003 prepared by TranSolutions and conditions of project approval for the TTM 53430 prior to issuance of the certificate of occupancy. 29 City Council Resolution No. 2006 -XX A17AVt,4tA*W1- 3-4 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Retaining wall design and calculations shall be submitted to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 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. Vehicularaccess 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. CITY COUNCIL RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 2002-01, VARIANCE NO. 2005-03 AND TREE PERMIT NO. 2005-10 FOR TENTATIVE TRACT MAP NO. 53430, A 48 LOT RESIDENTIAL SUBDIVISION FOR THE EVENTUAL DEVELOPMENT OF 48 SINGLE-FAMILY CUSTOM HOMES, THE CONSTRUCTION OR RETAINING WALLS THAT EXCEED SIX FEET IN EXPOSED HEIGHT AND THE REMOVALIREPLACEMENT OF OAK AND WALNUT TREES. THE PROJECT SITE IS LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFORNIA AND DENYING THE APPEAL FILED BY DR HOFU WU, ET AL. (APN NOS. 8713. 023-002, 8713-023, 8713.023-005, 8713-024-001 AND 8713-024. 002) A. RECITALS 1. The property owner/applicant, Millennium Diamond Road Partners, LLC, has filed an application for Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 related to Tentative Tract Map No. 53430 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Variance and Tree Permit shall be referred to as the "Application." 2. On February 1, 2006 public hearing notices were mailed to approximately 180 property owners of record within a 1,000 -foot radius of the project site. On February 1, 2006 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. On February 9, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valle Daily Bulletin newspapers. Additionally, and pursuant to Public Resource Code, Section 21092.5, on February 6, 2006, agencies commenting on the project's Environmental Impact reportwere notified in writing of the February 21, 2006 City Council public hearing. 3. On December 13, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the public hearing to January 10, 2006. 4. On January 10, 2006, the Planning Commission re -opened the public hearing and concluded the public hearing on the application. At that time, the City un + Council Resolution No. 2005 -XX Planning Commission recommended that City Council approve Tentative Tract Map No. 53430. 5. On February 21, 2006, conducted and concluded and appeal. B. RESOLUTION. he City Council of the City of Diamond Bar a duly noticed public hearing on the Application 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 No. 2003051102) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 45 day public review period forthe EIR began August 20, 2004, and ended October 4, 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 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 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 directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane 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 with Rocky Trail Road as a secondary emergency access. (b) The project site has a General Plan land use designation of Rural Residential (RR) Noaximum 1 DU/AC. 2 City Council Resolution No. 2006 -XX A-rAew"o-Axr At -L (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. However, Zone Change No.2005-03 within Planning Commission Resolution No. 2006-03 recommends that the City Council approve the zone change from R-1-20,000 to Rural Residential (RR) for General Plan compliance. (d) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) and R- 1-40,000 zoning districts surround the project site. (e) The Application request is to certify the Environmental Impact Report; to subdivide a 80 acres site into 48 parcels with a minimum lot size of one acre for the eventual development of 48 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; to allow retaining walls with an exposed height of more than six feet; and to remove and replace oak and walnut trees. Conditional Use Permit/Hillside Mana emen# The City Council shall evaluate 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 48 lot residential subdivision for the eventual development of 48 single-family custom homes. The map approval includes grading the project site in a manner that will create buildable pads for each lot, Streets "A" and Street "B" within the map boundaries and the extension of Alamo Heights Drive and Lot A for open space revegetation and Lot B for sewer lift station. 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 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. Revegetation 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 3 City Council Resolution No. 2006 -XX A1_-T-c-hGl,Xur 11L-3 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 2005-03 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 (SCH No. 2003051902) 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 (0 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 lard, 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 4 City Council Resolution No. 2006 -XX A--AC4fMf5,N r y -K water runoff from the site would continue to drain into Tonner Canyon Creek. Therefore, the existing drainage pattern would not be substantially altered. Additionally, vernal pools are not related to the proposed project. According to the EIR, prominent visual characteristics of the project site are the natural landscape features, including the undeveloped hillside and the natural vegetation within the project boundaries. There are no exceptional orunique aesthetic features 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. According to the EIR, 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 will impact 7.94 acres of oak woodland and 5.20 acres of walnut woodland. It is estimated that approximately 348 coast live oak and 250 scrub oak and 279 southern California black walnut trees will be', impacted by this project. 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 snap and cumulative biological resources impacts would be reduced to a level less than significant. The applicant will implement the mitiation plan, as approved by the City and according to the guidelines aid performance standards of the plan. 5 City Council Resolution No. 2006 -XX ATW-ftp omr 4-S The mitigation measures are as follows: ■ A combination of on-site or off-site preservation, enhancement, and/or restoration at no less than a 1:1 acreage ratio; ■ Native tree protection at a 3:1 ratio to replace 348 coast live oak trees, 250 scrub oak and 279 California black walnuts; ■ 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, ■ Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. ■ Develop a planting schedule which requires planting to occur in late fall early winter between October 30, to January 30; 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 48 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. 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 in 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 2005-03 for this 6 City Council Resolution No. 2006 -XX ArrAC44-"P-07A 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 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. {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: 9(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. Revegetation of the manufactured slopes 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. (n) The utilization of street designs and improvements which serve to minimize grading a terations and harmonize with the natural contours and character of the hillside. The proposed project is located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane. The project proposes two streets, identified as Streets "A" and "B" and the extension of Alamo Heights that will be the main access to the project site. However, the applicant will be required to improve and extend Alamo Heights Dri e to align with and be compatible with approved 7 City Council Resolution No. 2006 -XX Pet7Xc>f-AujKVf" #--7 Vesting Tract Parcel Map No.53670. All improvements and the extension of Alamo Heights Drive will be constructed to the satisfaction of the City Engineer. Variance (o) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. In accordance to Development Code Section 22.52.020, an application for a Variance may be filed and considered in order to increase retaining walls heights from the allowed six feet depending on topography constraints. The applicant proposes retaining walls throughout the project site due to the topography of the site and grading activities related to cut and fills that are needed to prepare the site for 48 lots with buildable pads, streets and access points. Several of the proposed grading walls are in excess of the maximum allowed exposed height of six feet. The retaining walls in excess of the allowed six foot height are as follows: Lot 31 The applicant is required to provide a five foot wide planter area located adjacent to the pad and the first retaining wall and landscape the planting areas to reduce the visual and aesthetic impact from Street "A" and Lot 31. Lots 25 and 26 The wall shall be designed as two walls, thereby reducing the height of each wall with planting areas between the walls to reduce the visual impact. Lot A The retaining walls proposed for the trail easement/maintenance road will remain at the i10 foot height. These walls vary in their linear design and will notJ create a tunnel effect (i.e., walls on both sides of the trail) and their impact can be reduced by the plant material. I 8 City Council Resolution No. 2006 -XX ,A-TrAewur,.4i7' -�-e The retaining wall proposed along Alamo Heights for the purpose of constructing the road is needed due to elevations of existing lots that have rear property lines at Alamo Heights and to align with and be compatible with the extension of Alamo Heights that will serve approved Vesting Tentative Tract Map No. 53670 (Yeh/five lot subdivision). The applicant has a 40 foot easement to grade and construct this retaining wall. However, the applicant is working with the owners of Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96 of Tract 30578 in order to gain an additional 50 foot easement. The additional 50 feetill eliminate the proposed retaining wall and in its place will t a land11 caped 2:1 slope adjacent to Alamo Heights. The slope will be planted and maintained by the applicant and eventually by the homeowner$ association of the proposed map. In the event, that the applicant does not gain the additional 50 foot easement, this retaining wall will be designed and constructed as two walls with landscape area between the walls. All retaining walls proposed on Lots 25 and 26, Lot "A" and on the west side of Alamo Heights will be constructed from Architectural Shotcrete with pockets that will contain plant material and irrigation. The Shotcrete has a natural rock appearance and the pockets of plant material will enhance that natural appearance. All other retaining walls will be constructed from decorative material such as split face block. (p) Granting the Variance is necessary for the preservation and enjoyment of substOntial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. As referenced above in Item (I), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought due to the constraint of the project site caused by topography as described in Finding (1) above. (q) Granting the Variance is consistent with the General Plan and any applicable specific plan. Due to the constraints of the project site related to topography and an increase in wall heights will allow the applicant to develop the project site with buildable pads, service road/trail easement and the extension of Alamo Heights which is the main access to the project site. Therefore, granting the Variance will be consistent with the General Plan. The project area does not have a specific plan. 9 City Council Resolution No. 2006 -XX (r) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolutions for this project, landscaping requirements for screening the walls along with Architectural Shotcrete for wall construction and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies through the permit and inspecti n process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (s) The proposed ent1ifornia ment has been reviewed in compliance with the provisions of the Environmental Quality Act (CEQA). The Planning Commission hereby finds that the project identified above in this Resolution required an Environmental Impact Report (SCH No. 2003051I�102) has been prepared according to the requirements oftheiCalifornia Environmental Quality Act (CEQA)and guidelines promulgated thereunder. The 45 day public review period for the EIR began'August 20, 2004, and ended October 4, 2004. Furthermore, the Planning Commission has reviewed the EIR and related documents lin reference to the Application. Tree Permit (t) Preservation of the tree is not feasible and would compromise the property owner's easonable 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 will impact 7.94 acres of oak woodland and 5.20 acres of walnut woodland. It is estimated that approximately 348 coast live oak and 250 scrub oak and 279 southern balifornia black walnut trees will be impacted by this project. 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. 10 City Council Resolution No. 2006 -XX The site for off-site mitigation will be determined in coordination with the project applicant, the City and resource agencies; • A combination of on-site or off-site preservation, enhancement, and/or restoration at no less than a 1: 9 acreage ratio; ■ Native tree protection at a 3:1 ratio to replace 348 coast live oak trees, 250 scrub oak and 279 California black walnuts; ■ Biological monitoring; ■ Obtain appy priate permits from California Department of Fish and Game, (I.S. Fish and Wildlife Services, U.S. Army Corps of Engineers and State Water Resources Control Board; ■ Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas; and ■ Develop a planting schedule which requires planting to occur in late fall early winter between October 30, to January 30. Appeal Findings (u) The appellant has raised the following objections to the Conditional Use Permit, Tree Permit and Variance: (1) Permission to construct retaining walls of extreme height (26 feet) that exceed the permitted standard height (6 feet) of the City's code is unacceptable. After the Planning Commission decided continuance of this proposal on December 13, 2005, the developer made slight changes of the wall height, but the final recommendation of the Commission still reverted back to the original unacceptable and dangerous wall height. The applicant has a 40 foot grading easement adjacent to Alamo Heights Drive. Within this easement a retaining wall varying in !height from zero to 26 feet is proposed. The retaining wall is needed for the improvement design of Alamo Heights Drive. The wall will be located on the west side of Alamo Heights Drive at the rear property lines of Lots 4, 5, 6, 7, 8, 9, and �0 of Tract 32482 and Lot 96 of Tract 30578 front on Kicking Morse Drive. The retaining wall is necessary to support Ala�uch o Heights Drive because the street's existing elevation is higher than the rearportion of the referenced lots. Additionally, the retaining wall is necessary to align with the extension of Alamo Heights Drive that will serve VTTM 53670 (Yehlfive lot subdivision). However, if the applicant can obtain an trs ditional 50 foot grading easement from the property ow of the lots referenced above, the retaining wall 11 City Council Resolution No. 2006 -XX would be eliminated and a 2:1 landscaped and irrigated slope would be constructed in its place. The slope would be maintained by the applicant and eventually by the homeowners association of the proposed map. Due to the extreme height of the proposed retaining wall and the concerns of the property owners of the referenced lots, the Planning Commission continued the public hearing. The Commission directed the applicant to consider reducing the wall's height,and to continue working with the property owners. The applica it has agreed and the project is condition to construct two retaining walls not to exceed an exposed height of 95 feet wr hin the 40 foot easement. The applicant is also required to h gavily landscape the areas between and in front of the wall. Thi walls will also be constructed from architectural shotcrete with planter areas within the walls to mitigate the view impact of the walls. Additionally, the walls will be constructed ccord to the specifications within the soils report and approved structural details and calculations. Furthermore, a construction permit will be issued and the appropriate inspections will occur to ensure the safety of the walls. (2) The proposed map demands the use of a 50 foot slope easement beyond the 40 feet street easement on our side of the street. Because of the hillside condition, this slope easement t the County of Los Angeles is recorded on both sides of the roposed street. According to the Parcel Map No. 1528 on Book 26, Page 27, there is a 200 foot slope easement (including 40 foot street easement) on the developer's side of the street. Not only does the developer not submit their slope easement f r the construction of street, the developer packs additional landfill to increase its pad area for building construction) on the slope easement. The project site is within a hillside area. in order to develop the project s "te, grading (earth work quantities to be balance on site) is required to create pad areas for the homes. This practice is typical in Diamond Bar and in many hillside areas. The applicant does not need the additional 50 easement from the property owners to extend and improve Alamo Heights Drive. The applicant already has a 40 foot grading easement pursuant to Tract Map No. 32482 recorded on March 26, 9992. Within this I easement, the applicant could construct the proposed retaining wall(s) necessary to support Alamo Heights Drive. Addi ionally, the retaining wall(s) is needed because the 12 City Council Resolution No. 2006 -XX street's existing elevation is much higher than the rear portion of the referenced lots. Furthermore, the retaining wall is necessary to align with the extension of Alamo Heights Drive that will serve VTTM 53670 (Yeh/five lot subdivision). (3) The proposed project will alter the current natural watershed and devastate the protected wildlife. Not only nearly 1,000 of native California oaks and plants will be wiped out, a live creek that cuts through the existing canyon will also be buried. With over two million cubic yards of landfill dumped into the existing canyon and'! valley, this man-made artificial plain will have difficulty withstanding the natural forces of major rain storms or earthquakes' Through the CEQA process and the Mitigation Monitoring Program and as referenced in the DER, the impacts to wildlife will not be sinificant because of the mitigation measures that are incorporated into this project and the California Department of Fish and Game and U.S. Army Corps of Engineers permits. The mitigation measures set forth in the five-year Mitigation Monitoring Program includes a combination of on-site and off- site preservation, enhancement and or restoration at no less than a 1:1 ratio and tree replacement at a 3:1 ratio. Animals on the project site will move into other areas but mainly TonnI r Canyon. For small animals with low mobility, a biologist willbe on site to move these animals prior to any construction activities. This process has taken place for many years in other cities and Diamond Bar. The most valuable place for animals is Tonner Canyon which is a significant ecological area and not the project because of the surrounding development. The creek the residents referred to is located within the additional 50 foot easement. It is supplied by run-off water from Alamo Heights Drive and irrigation. As noted during the geotechnical investigation, it is not supplied by ground water rising to th surface. If this project is constructed, an underground pipe will be installed that will carry the run-off water to To ner Canyon for wildlife use. If the applicant does not obtain the additional 50 foot grading easement from the residents, the creek and vegetation on their property will not be affected. (4) At this point,lithe developer has not reached any agreement or consent on the use and access of our property for constructing 13 City Council Resolution No. 2006 -XX r x-0 the new street. With the Planning Commission's approval of the proposal, we the adjacent property owner's will be forced to accept this significantly tall wall and our basic property owner's right will be trampled. in case we are forced to comply, all wildlife habitats inside our property should not be disturbed and should be protected. The developer shall bear the responsibility) of any negative impact or destruction of wildlife on our property and shall restore and restitute the wildlife in addition to penalty compensation payable to the affected property owners. First of all, he Planning Commission did not approve the proposed pr ject. In this case, the Planning Commission is charged with making a recommendation to the City Council. On January �0, 2006, the Planning Commission recommended that the City Council approve this project. The propert owners (appellants) of Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 52482 and Lot 96 of Tract 30578 front on Kicking Horse Drive and have rear property lines adjacent to Alamo Heights Drive. If the City Council approves this project, these property owners will not be forced to give the developer a 50 foot wide grading easement adjacent to the rear property line of their prop rties. The applicant already has a 40 foot grading easement pursuant to Tract Map No. 32482 recorded on March 26, 1992. Within this easement the applicant could construct the proposed retaining wall necessary to support Alamo Heights Drive because the street's existing elevation is much highe than the rear portion of the referenced lots. Additionally,�the retaining wall is necessary to align with the extension oflAlamo Heights Drive that will serve VTTM 53670 (Yeh/five lot subdivision). If the propo ed project is approved, the applicant has agreed (and the pr ject is conditioned) to use two retaining walls divided by a'Iplanter area and each wall not exceeding15 feet in height. The applicant will also be required to provide a plan delineating two retaining walls with planter, irrigation, species, quantity and size of the plant material. Trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall, be a minimum 5 gallon size and planted three feet on center. All landscaping/irrigation plans shall be reviewed and approvE d by the Community Development Director. All landscaping irrigation shall be installed prior to final inspection or final oc upancy. Additionally, the applicant will be responsible or the maintenance of this area. Eventually, the 14 City Council Resolufion No. 2006 -XX XP-T�(-,y homeowners association will be responsible for the maintenance of this area in perpetuity. Through the CEQA process and the Mitigation Monitoring Program, the applicant is responsible for the impact on wildlife and habitat. As referenced in the DEIR, the impacts to wildlife will not be significant because of the mitigation measures that are incorporated into this project and the California Department of Fish and Came and U.S. Army Corps of Engineers permits. Animals on ,the project site will move into other areas but mainly Tonn�r Canyon. For small animals with low mobility, a biologist will,, be on site to move these animals prior to any constructionactivities. This process has taken place for many years in oth r cities and Diamond Bar. The most valuable place for animals is Tonner Canyon which is a significant ecological ariea and not the project because of the surrounding development. 5. Based on the findings and conclusions set forth above, the City Council hereby approves Conditio al Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2006-10 related to Tentative Tract Map No. 53430 subject to the following conditions and Standard Conditions attached and referenced herein and denying the appeal: a. GENERAL (1) This approval shall be null and void and of no affect unless the EIR (SCH #003051102) is certified, and Tentative Tract Map No. 53430, the Mitigation Monitoring Program and Zone Change No., 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 are approved. of approval is valid for three years. Two extensions cif time, one year each may be approved pursuant to Development Code Section 22.66. b. SITE DEVELOPM (1) Walls/retaining walls located on Lots 25 and 26, Lot 31 (secondary IaccesslRocky Trail Road), Lot "A" trail and maintenance easement and on the west side of Alamo Heights shall be constructed from Architectural Shotcrete with irrigated pockets in t e wail for plant material. Plant material shall be the kind that cascades down the wall. Prior to final map approval, applicant shall provide a retaining wall plan delineating the irrigation and species, quantity and size of the plant material. Trees shall be a minimum 15 gallon size and 15 City Council Resoludon No. 2006 -XX A rAc44A4 6�J 7' 11-16 planted eight feet on center. Shrubs shall be a minimum 5 gallon size and planted three feet on center. All landscaping/irrigation plans shall be reviewed and approved by the Community Development Director. (2) All other walls shall be constructed from decorative material such as split face block, etc., to the satisfaction of the Director. (3) The retaining walls on Lots 25 and 26 adjacent to Street "B" shall be desi ned as two retaining walls, thereby reducing the height of ea -,h wall, with a planter area between the walls. Prior to fina map approval, applicant shall provide a plan delineating two retaining walls with planter, irrigation, species, quantity an size of the plant material. Trees shall be a minimum 16 gallon size and planted eight feet on center. Shrubs shall Ibe a minimum 5 gallon size and planted three feet on center. All land scapinglirrigation plans shall be reviewed and approved by the Community Development Director. (4) Two retaining walls 10 feet high for Lot 31: Provide a five foot wide planter area adjacent to the pad and the first retaining wall, and hevily landscape the five foot planter area adjacent to the pad at the planting areas between the walls to reduce the visual ar d aesthetic impact from Street "A" and Lot 31. Prior to fins map approval, applicant shall provide a plan delineating tI ie two retaining walls with planter areas, irrigation, species, quantity and size of the plant material. Trees shall be a minimum 115 gallon size and planted eight feet on center. Shrubs shall! be a minimum five gallon size and planted three feet on cerj er. All landscaping/irrigation plans shall be reviewed and approved by the Planning Division. (5) Retaining walls on the following Lots shall not exceed the exposed height as delineated in Exhibit "A" as follows: Lots 13, 14, 15, and 16 Maximum exposed height — 10 feet Lots 27, 28, 29, 42 and 43 Maximum exposed height — 5 feet Lot A Maximum exposed height — 10 feet (6) A trail is located within the project site. Prior to final map, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface constructed from decomposed granite in 16 City Council Resolution No. 2006 -XX A-rmr-- A4,5,Ait 4—/4, accordance with City Master Trail Plan for the Parks and Recreation Directors review and approval. (7) Prior to final reap approval, applicant shall make a "good -faith" effort to obtain an additional 50 foot wide off-site grading easement across Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96 of Tract 30578 which have rear properties adjacent to Alamo Heights Drive. The applicant shall provide written permission to the satisfaction of the City Engineer from the property owners of said lots affected by the off-site grading. If the 50 footAide easement is obtained, applicant shall provide irrigation and landscaping for the 50 wide foot easement on said lots and existing 40 foot wide easement adjacent to Alamo Heights Dd e for a total of approximately 90 feet wide. Applicants all maintain this 90 foot easement until the responsibilitbecomes part of the homeowners association. If the applican is unable to get the additional off-site grading easement from any one of the above mentioned lots of Tracts 32482 and 30578, the applicant shall submit plans with alternative design delineating retaining walls not to exceed a maximum exposed height of 15 feet subject to the Community Development Director's review and approval priorto final map. (8) If the extension of Alamo Heights Drive necessitates a retaining waI on the east side of the street, the applicant shall bear full cot of the retaining wall and may be required to obtain perm ssion from the owner of VTTM 53670. Prior to final map approval, the applicant shall submit written permission tip the Public Works/Engineering Department. Any retaining wads along the east side of Alamo Heights Drive shall not be taller than six feet. Prior to final map approval, design/construction plans for the walls and landscape/irrigation plans for the planter areas shall be reviewed and approved by the PublicWorks/Engineering Department, Building and Safety Division anc Planning Division (9) Applicant ofITTM 53430 and owner of VTTM 53670 shall enter into a share cost/reimbursement agreement to the center line of the street for the future extension of Alamo Heights Drive and utilities which will serve both tracts. This agreement may include the maintenance of retaining walls with planter areas and landscaping located on the east side of Alamo Heights Drive. Priorto final map approval, said agreement shall be submitted to the City Public Works/Engineering Department and City Attorney for review and approval. 17 City Council Resolution No. 2006 -XX A-rr x41VuT 4-17 (10) Prior to final map approval, applicant shall submit a landscape/irrigation plan for the grading easement (s) adjacent to Alamo Heights Drive for the Community Development Director's review and approval. Trees shall be a minimum 15 gallon size and planted eight feet on center. Shrubs shall be a minimum five gallon size and planted three feet on center. (11) The applicant/owner of TTM 53430 and VTTM 53670 shall work in "good faith" together to balance the grading on-site for the extension of Alamo Heights Drive and grading for development. (12) Applicant shall install wrought iron fencing/gate at the access point of the ws Angeles County's maintenance road located adjacent to Alamo Heights Drive. C. STREET IMPROVEMENT (1) Prior to final /map recordation, the applicant shall submit plans delineating the improvement and extension of Alamo Heights Drive for the Public Works/Engineering Department review and approval. T e improvement and extension shall align with and be compati le with Vesting Parcel Map No. 53670. The improvemen and extension of Alamo Heights Drive shall be completed prior to final inspection of grading activities. (2) Emergency secondary access from Rocky Trail Road into the project area and the access road to the sanitary lift station shall be constructed in accordance with the Fire Department requirement and to the satisfaction of the Public Works/Engineering Department. Prior to final map approval, the applicant shall submit plans delineating the design of the secondary access and roads to the sanitary lift station to the Public Work /Engineering Departmentfor review and approval. Said plans shall include landscaping/irrigation at the terminus of Rocky Trail Road for the secondary access. (3) Cul-de-sac in accordance with all applicable City standards shall be constructed at the terminus of Rocky Trail Road. d. GRADING (1) As noted in the reports by Neblett and Associates, significant additional investigation and analysis of the development shall be required as the project proceeds. The findings of that investigation could result in changes to the recommended 18 City Council Resolution No. 2006 -XX A17Ac4tA-cF,�r �-I� remedial grading, the establishment of building setback zones not currently recommended, and changes to other recommendations within the existing reports. The investigation shall include a detailed subsurface investigation to more accurately evaluate the geotechnical conditions for each slope onsite and shall particularly focus on the edge conditions of the tract as noted in the response report by Neblett and Associates. In addition, the investigation shall include additional laboratory testing of soil samples collected to further evaluate site conditions and engineering properties of the earth materials, including the strength parameters used in the slope stability analysis and deep fill settlement calculations. (2) All buttress !,back -cuts and remedial grading shall be final designed to be contained within the tract boundaries unless an offsite easement is executed by an adjacent landowner. Remedial grading limits, buttress keys and back -cuts, etc., shall be placed on the final 40 -scale grading plan to indicate final soil disturbance limits prior to approval of grading plan submittal of final tract map approval, whichever comes first. (3) Any identified geologic hazard locations within the tentative map bound ries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated a "Restricted Use Area." The owner 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. (4) Concurrently with the precise grading plan check, the debris basin access road surfaces shall be approved by both the Los Angeles County Fire Department and Los Angeles County Public Works. (5) The applica t shall provide gates at the debris access roads to prevent accss to non -maintenance personnel. e. FIRE DEPARTMENT (1) Access shal� comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (2) Fire Departrent access shall b e extended to within 150 feet distance of any interior portion of all structures. 19 City Council Resolution No. 2006 -XX (3) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be installed, tested and extended over 150 feet in length. (4) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted anc shall be maintained in accordance with the Fire Code. All re juired fire hydrants shall be installed, tested and accepted prior to construction. (5) This propert is located within the area described by the Fire Department "Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702-2904, phone # 626-969-5205). (6) Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be required. (7) Applicant shall provide fire flow for public fire hydrants at this location at 1P50 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Provide one hydrant flowing simultaneously, one of which shall be the furthest from the public water source. (8) Twelve fire hydrants shall be Installed by the applicant as required byte Fire Department. (9) All hydrants shall measure 6" x 4" x 2 %2" brass or bronze, conforming to current AWWA standard C503 or approval equal. All or -site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two hour rated firewall. The City Council shall: (a) Certify to the adoptilon of this Resolution, and 20 City Council Resolution No. 2006 -XX A77nC,# klONr ��� ° (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010 APPROVED AND ADOPTED THIS 21 st DAY OF FEBRUARY 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Carol Herrera, Mayor 1, Linda C. Lowry, City Clerk of tl foregoing Resolution was duly it City of Diamond Bar, at a regular the following vote: Council Me ber: Council Member: Council Member: Council Member: AYES: NOES: ABSENT: ABSTAIN e City of Diamond Bar, do hereby certify that the troduced and adopted by the City Council of the neeting held on the 21St day of February 2006, by 21 Linda C. Lowry, City Clerk, City of Diamond Bar City Council Resolution No. 2006 -XX ArrAc #ooljr �- � / r '1111 1AXOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) Zone Change No. 2005-03 Project #: TTM NO. 53430,, Conditional Use Permit No. 2002-01, Variance N .2005-03 and Tree Permit No. 2005-10 Subject: 48 Lot Residential Subd vision Applicant: Millenium Diamond Roa Partners, LLC Location: Directly south of Rocky Trail Road and Alamo Heights Drive west of Horizon Lane ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. 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 an claim, action, or proceeding to attack, set-aside, void or annul, the approva of Tentative Map No. 53430 (TTM 53430) brought within the time period pro ided 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 pr (vide 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. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any 22 City Council Resolution No. 2006 -XX A-"-oq,r—H M FN T 41 —Z 7, claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Applicant shall include signed copies of the City Council Resolutions of Approval Nos. 2006- , 2006- and 2006- Standard Conditions, and all environmental mitigations on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised site (such as but not limited to site plan, elevations landscape/irrigation plans, grading plans, etc.) incorporating all Conditions of Approval shall be submitted by the applicant for Planning Division review and approval prior to final Map, grading permit issuance and plan check submittal. 4. Notwithstanding any previus 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 approval. 5. The project site shall be m intained and operated in full compliance with the conditions of approval an all laws, or other applicable regulations. 6. Approval of this project s all not waive compliance with all sections of the Development Code, all of ier applicable City Ordinances, and any applicable Specific Plan in effect at tie time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the p ject site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay develc Building and Safety ar Mitigation Monitoring, et approval, issuance of buil required by the City. Sc building permit. In additi+ ment fees (including but not limited to Planning, Public Works/Engineering Department and at the established rates, prior to final map ng or grading permit (whichever comes first), as ool fees shall be paid prior to the issuance of ii, the applicant shall pay all remaining prorated 23 City Council Resolution No. 2006 -XX ,F u7' 4-.-73 City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. 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. 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires p yment 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. C. TIME LIMITS 1. This approval shall not bel 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 Diam nd Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of it agreed to acce t all the conditions of this approval. Further, this approval shall not be effec ive until the applicant pays all remaining Planning Division fees. 2. This approval is valid fo three years. An extension of time may be requested in writing ands all only be considered if submittal to the City no less than 60 days prior to approval expiration's date. D. SITE DEVELOPMENT 1. The project site shall be developed in substantial conformance with TTM 53430, except as conditions herein, and as conditioned in Zone Change No. 2005-03, Conditional IUse Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 submitted to and recommended for approval by the Planning Commissi n to the City Council collectively attached hereto as Exhibit "A"-subdivisi n map, Exhibit "C" -Statement of Overriding Consideration, Exhibit "D" Mitigation Monitoring Program dated December 6, 2005, and Environmental Impact Report (SCH No. 2003051102) dated August 17, 2005, and Up ate information for VTTM 53430 Environmental Impact Report dated Octo er 13, 2005, as modified herein. 2. The Mitigation Monitoringrogram outlined in Environmental Impact Report (SCH No. 2003051102) EIR) and approved by the City shall be implemented, complied wi h and completed within five years. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading pernf lit. All costs related to the ongoing monitoring shall 24 City Council Resolution No. 2006 -XX �� r o—I- r 14��( be secured from the applicant and received by the City prior to the approval of the final map. 3. Proposed future custom single-family residential units shall comply with the City's Development Review process. 4. Prior to final map recordation or prior to grading permit issuance (which ever occurs first), the applicant shall negotiate to annex into "The Country Estates" Homeowners Association. If annexation occurs, each lot of TTM 53430 shall be subject to "The Country Estates" Covenant, the Conditions and Restrictions (CC&R's). 5. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) that are compatible with the "The Country Estates" Homeo, ners Association CC&R's. The CC&R's and Articles of Incorporation o the homeowners association are subject to the approval of the Planning and Public Works/Engineering Department and the City Attorney. The CC&R� shall be recorded concurrently with the Final Map or prior to the issuance Of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The homeowners association shall submit to the Planning Division a list of the name and address of the officers onl or before January 1 of each and every year and whenever said information changes. 6. Prior to the issuance of a y City permits, the Applicant shall complete and record a "Covenant and A reement to Maintain a Single -Family Residence" on a form to be provided t y the City. The covenant shall be completed and recorded with the Los Anc eles County Recorders Office. 7. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Ham owners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occursfirst. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the na a and address of their officers on or before January 1 of each and every year and when ever said information changes. 8. Prior to the final map recordation or issuance of building permit, whichever come first, 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, Ibut 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 25 City Council Resolution No. 2006 -XX A4r-Nr 11 .Q5 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. 9. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 10. All single-family residenti I units shall be required to obtain Development Review approval. Additio ally, single-family residential dwelling units shall use the following developrnent 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 betweensingle-family residential dwelling units shall be a minimum of 40 feel; (d) Rear yard setback! minimum 25 feet from the edge of the buildable pad or rear propert line, whichever is applicable; and (e) Buildable pad coverage with structures shall not exceed 30 percent; (f) Accessory structures shall utilize setback distances from the edge of pad or property line whichever is applicable and be consistent with the Rural Residential z ning district at the time of permit issuance; and (g) Each custom ho a shall have a unique and individualistic architectural style I hat truly reflects a custom designed home. The design elements shall stay true to the architectural style. 11. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened thr ugh the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 12. Prior to final map approv I or issuance of building permit, whichever come first, 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. 13. All building numbers and l individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 26 City Council Resolution No. 2006 -XX -r Zl-.21 E F. 14. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to final map approval, a detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval. 2. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and appro al. Prior to final map approval, a fuel modification plan for land scapelirrigati n prepared by a registered landscape architect shall be submitted for Pla ning Division review and approval. 3. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/diStL rbance 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 Planning Division for review and approval. Mitigation shall include on site and/or 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 req ire a minimum replacement ratio of 3:1. It is estimated that 348 coast live oak, 250 scrub oak and 270 southern California black walnuts will be removed by the project's development, totaling to 868 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. 4. 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 ad approval. Said slope shall be landscaped at the completion of grading a tivities. 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 Planni g Division to determine that the vegetation is in satisfactory condition. SOLID WASTE 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 27 City Council Resolution No. 2006 -XX A171 cW A4M m7- A/ -,R7 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. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste haulerto, all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. APPLICANT SHALL CONTACT THE E�GINEERING/PUBLIC WORKS DEPARTMENT, 909 839-7040 FOR COMPLIANCE f TH THE FOLLOWING CONDITIONS: A. GENERAL 1. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Develope shall upgrade and construct all trails, including fencing and drainage dev ces, in conjunction with street improvements. 2. The applicant shall obtain a permit from the Los Angeles County Public Works Department for Work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. Prior to final map approva 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. An updated title report/guarantee and subdivision guarantee shall be sub itted ten (10) business days prior to final map approval. 5. Prior to final map approval, written certification that all utility services and any other service related tote site shall be available to serve the proposed project and shall be subm tted to the City. Such letters shall be issued by the 28 City Council Resolution No. 2006 -XX kt~r"ArcH� EM -r z1 - z8' district, utility and cable television company, within ninety (90) days prior to final map approval. 6. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 7. 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. 8. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 9. Prior to issuance of grading permits, surety shall be posted and an agreement executed gu ranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. All identified geologic hazards within the tentative tract map boundaries which cannot be eliminat d as approved by the City Engineer shall be indicated on the final ma as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or o her structures within such restricted use areas shown on the final map. 12. Easements for disposal ofldrainage water onto or over adjacent parcels shall be delineated and shown 6n the final map, as approved by the City Engineer, 13. Prior to finalization of anyldevelopment 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. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 29 City Council Resolution No. 2006 -XX 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 Department, 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 Tract Map 53670. 19. Applicant shall contributed, 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 Flans, at no cost to the City. 21. All activitieshmprove mentproposed for this map shall be wholly contained within the boundaries of tt map. Should any off-site activities/improvements be required, approval shad be obtained by the applicant from the affected property owner and the City as required by the City Engineer. 22. Applicant shall submit document(s) from Diamond Bar Country Estates Association indicating the project will have proper/adequate right -of -entry to the subject site. B. GRADING 1. 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. 2. Retaining wall design and calculations shall be submitted to the Building and Safety Division for review land approval concurrently with the grading plan check. 30 City Council Resolution No. 2006 -XX ATTAcN-MF,Nr L} -30 3. 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. 4. All equipment staging are shall be located on the project site and shall be approved by the Public Works/Engineering Department. 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. 5. 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). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practces. The maximum grade of driveways serving building pad areas shall be 15 percent. 7. At the time of submittal Ilof the 40 -scale grading plan for plan check, a detailed soils and geolog 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 reportshall 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 gent chnical constraints (i.e., landslides, shear key envelopes. Restri ted 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. 31 City Council Resolution No. 2006 -XX T 4 -3 1 ATTACHMENT NOS. 5 THROUGH 9 The above numbered attachments were previously transmitted to the City Council on February 7, 2006. 5. Exhibit "A" —Tentative Map No. 53430 dated December 13, 2005 6. Draft Environmental Impact Report (Volume 1) dated August 17, 2005 7. Technical Appendices (Volume II) dated July 22, 2004 8. Updates of Environmental Impact Report dated October 13, 2005 9. Volume III/Response to Comments dated November 16, 2005 1Frre~s S nam,/ 1 TENTATIVE TRACT MAP 53430 CITY OF DIAMOND BAR, STATE OF CAtiFORNIA rr /� / r! r r r� • f % �'�'r i}/ri/irAr/r I! I J 1 1 1 l r r41 I1 1 t i /! Illkl'I 'r�/ /r�F{S � / ! !I /r r.��� lrJ l 1 V 1\111♦\\\ I r/ / // � �y�!! 11I �/I/1l�I 11♦ 11 �� lilfltlt441f 1 \ 11151}1 s ITry.Y/ 1 1111 11 1 1 1 1 11 7, e l /I l r r r r '/ r! / r/ r r r /�1kll 1 1 1 1 1 ♦ ,��� / / ri'r� '/ / / / /) rrrrrrl,titril= +� ♦ 1 ` ��` LEmNo: x �vvaa M I'm *.er raeoran un MY1D MRMiIq, WP. � k16lOCTRTd. �C �wm u NrM W r� m� w+1r i " 14-wt&N OF -1 FLM AVAM 9M. . 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Tien & Paul Chun 909 860-8258 2742 Rocky Trail Road Diamond Bar, CA 91765 Map # 111 NOTES: Not present at meeting on 5118. 7119 LM; 7120 LM; 7126 LM; 812 LM; 9112 mailed invitation to meeting at City for 9/21; Not present at meeting 9121 12130 LM said we could have someone translate if needed. Yuan -Lung Liu & Martha Lee 909 860-3737 22354 Kicking Horse Drive Diamond Bar, CA 91765 Map # 166 NOTES: Present at meeting on 5118 Signed support of easement letter on 9116 did not attend meeting on 9121 12127 LM with cell phone number 12128 Mr. Liu returned our call. He wants to wait to meet until his wife gets back from China in 3 weeks. We explained our hearing date is the 10'" and we should try to meet before then but he reiterated he would prefer to wait until his wife returns. 12130 LM asked to call us back at office or on cell phone 113 LM with the time and place of meeting on 115, requested their attendance at the meeting to discuss the options. 1/5 Not present at meeting 117 Not present at meeting on-site. 119 LM the person who answered said they did not need our number as we had left more than enough messages. Tim Zhu & Jian Rong Shen 909 860-9986 or mobile 626 890-1852 22360 Kicking Horse Drive Diamond Bar, CA 91765 AITA-C-ti",F) , r / z - / Map # 167 NOTES: Not present at meeting on 5118; Charlie spoke with multiple times trying to arrange a meeting; Attended meeting on 9121; supportive of easement but did not sign anything, met and spoke with Charlie Liu and Nancy Fong at meeting. 12127 LM with cell phone number at both numbers above 12130 LM asked to call us back at office or on cell phone 113 Mr. Zhu returned our call and said he will be at the meeting on 115 115 Mr. Zhu attended the meeting. He seemed to have a better understanding of our proposal. Wanted to know if there was any compensation to be passed on to the owners. We said if we get an additional easement and do not have to build walls we could compensate him for the additional easement area. We asked if he had a number in mind, he said he did not at this time. We committed to continue discussions about the easement. 117 Present at meeting on-site with Charlie Liu and walked the back of his property in the area of the future Alamo Heights. He has a better understanding of the proposals. 119 We spoke to Mr. Zhu and confirmed the City staff was not opposed to a recreational use for the additional easement area. We agreed that we are working together and will continue to work together throughout the development process. Lo V & Alba Moesser 909 861-8845 22364 Kicking Horse Drive Diamond Bar, CA 91765 Map # 168 NOTES: Present at meeting on 5118. They are very supportive of our proposal. 9119 Spoke with Mr. Moesser, he could not find the letter we sent but maintained his support of the easement idea. He did not attend the meeting on 9121. 12/19 LM asking him to call us back 12127 LM with cell number 12130 Spoke to Mr. Moesser and he reiterated his belief the grading and landscaping would be a benefit to his property. He will try to make the meeting on Jan 5tn and the hearing on Jan 101n 115 Not present at the meeting 117 Not present at the on-site meeting 119 Said he will be at the hearing on the 10tr Hofu & Meina L Wu 909 396-1218 or 909 869-4527 (work) 22368 Kicking Horse Drive Diamond Bar, CA 91765 Ah-rAci0N—PN r I Z —2— Map # 169 NOTES: Not present at meeting on 5/18. According to others he is a college professor of architecture who seems upset with the HOA and anything going on in The Country. Note that his neighbor is our biggest supporter. Not present at meeting on 9/21 1211 Spoke with Mr. Wu for about 30 minutes. He is not happy about either option, seems to understand we do have the existing easement. Wants us to lower Alamo Heights, we explained we are tied into the Yeh parcel approval. Agreed we would continue to work together after our tentative map approvals. 12/5 LM for him saying we had sent him the set of plans he requested from Ann Lungu 12/12 LM to ensure he had received the plans 12/13 LM to verify he had the plans and give him the time of the meeting. 12127 LM at home and at work with cell phone number to call us back to meet and discuss the project 12130 Dr. Wu returned our calls. We are trying to arrange a meeting at the HOA office for January 5" at 6:30 pm at the HOA office. We will contact others to see if they can make this time and get back to Dr. Wu. 12/30 LM at home and at work stating we have arranged with Steve Sohus of The Country to use the conference room at the HOA on January 5th at 6:30. Asked him to call back to verify he received our message. 12130 Dr Wu returned our call at 4:00 pm. He said he may not want to meet with us at all depending on if we have made enough changes to the plan. He wants to review the revisions to the plan and then decide if he wants to meet with us. We said we have made other calls and have the meeting set up. We said we will send him the plans and hope that he will be willing to meet with us and discuss our proposed changes to the plans. 1/3 Dr, Wu said he will review the plans we send to him. 115 Dr. Wu said we have not done enough or lowered Alamo Heights enough and we should lower it more. We went over in detail our reasoning for not lowering Alamo Heights any more. He is certainly opposed to the idea of an additional grading easement on his property. Dr. Wu stated we need to lower Alamo Heights more and we said we don't believe lowering Alamo Heights at all makes it a better plan. We agreed to disagree on the point that it makes the plan better or worse. We agreed to continue to work together. 1/7 Present at meeting on-site with Charlie Liu and walked the back of his property in the area of the future Alamo Heights. He has a better understanding of the proposals. 1/9 LM for Mr. Wu at home and at work. 1/10 We spoke with Mr. Wu and confirmed we will see him at the hearing tonight. David S & Evelyn C Leong 909 861-9130 22372 Kicking Horse Drive Diamond Bar, CA 91765 Map # 170 NOTES: uT !Z Present at meeting on 5118. She was very cautious and concerned specifically about the storm sewer access road. Contacted multiple times by Charlie and then Charles Yi. She wants to meet but does not yet have time. Present at meeting on 9121; they want to meet on their property to better understand the request, there initial reactions seems to be the less we grade the better and therefore prefer the wall. 10110 No answering machine 12127 Spoke with David Leong, he initially said there was no need to meet because he opposed both the wall and the easement concept. We explained the concept of the elevation being difficult to change due to the Yeh parcel grading. He agreed to meet with us and discuss before January 1 01h. He would like us to include Dr. Wu in the meeting. We said we will continue to try to contact Dr. Wu. He ag reed to meet us if we are unable to get a return call from Dr. Wu. We will give Dr. Wu unit) the 29 and then call Mr. Leong to confirm a date to meet. 12130 LM that we had a meeting arranged with Dr Wu for January 51h at 6:30 pm at the HOA office 12130 LM that we had spoken to Dr. Wu again and needed to talk to him after our conversation with Dr. Wu because Dr. Wu may not attend the meeting if the changes are not to his satisfaction. In any event we would still like to meet to discuss the project. 12130 Mr. Leong returned our call and said he will be at the meeting on the 5th. 115 Mr. Leong was present at the meeting. He is concerned about the walls and landscaping maintenance and who will pay for this in the long run. He asked if we do the easement can he put in a tennis court, We said we would talk to the City. He expressed his concern for the native landscaping and said he would like us to do all we can to limit the native landscape that is impacted. We explained the tree replacement and mitigation and that we will do our best. He may want the wall because it creates less impact to trees but the easement means he may have a usable area in his back yard. 117 Present at meeting on-site with Charlie Liu and walked the back of his property in the area of the future Alamo Heights. He has a better understanding of the proposals. 119 We spoke with Mr. Leong and he reiterated his concern about the long term maintenance of the landscaping done on his property. We tried to assure him this will be handled in the CC&Rs and HOA Budget which will be reviewed by both the City and the State. He wants us to continue the hearing and work with the land owners more. We explained we will not stop working with the land owners after this hearing but continue to work with them throughout the development process. Jae Woo Yi & Kyoung Mi Yi 909 861-7494 22376 Kicking Horse Drive Diamond Bar, CA 91765 Map # 171 NOTES: Not present at meeting on 5118. Charlie spoke with her, she is Korean and would like to speak to Charles Yi, her number is 909 455-4604. Charles spoke with her about the issue, she seems open to the idea of an easement. She will be at the meeting on 9121 Attended meeting on 9121, she signed the support of the easement letter at the meeting. 12127 LM with children 12130 LM with children 113 She says she does not care if the wall goes in or not. We should do what the City tells us and she will go along with whatever Dr. Wu agrees with because he is the expert. She did say she will be at the meeting on the 5th 115 Jae & Kyoung Yi were both present at the meeting. It seems they will continue to go with Dr.Wu's recommendation and want the least impact in terms of area on their property. 117 Present at meeting on-site with Charlie Liu and walked the back of his property in the area of the future Alamo Heights. He has a better understanding of the proposals. 119 LM about timing of the public hearing Wan Lin -Chen 2361 Joel Drive Rowland Heights, CA 91748 Or HOA has: Wilson Y.S. Chang & Su Chen Chen 909 636-3258 20562 Crestline Drive Diamond Bar, CA 91765 Map #172 NOTES: Not present at meeting on 5118. 617 Steve Solus was notified the property is in the process of sale. Steve will try to get them on board 6/14 Choel Chung is purchasing the property and is a 17 year resident of The Country. Phone number is 909 861-5095. 7127 No answer. 812 Choel Chung speaks Korean and will follow up with Charles to arrange a meeting. 9119 left a message Not present at meeting on 9121 12127 LM for Mr. Chung. His son returned the call. Mr. Chung prefers to speak Korean, We gave his son the cell and office phone for Charles Yi and stated Charles will be back in the office on January 2"d. We also asked the son to call us back if Mr. Cheung in not able to reach Charles on January 2"d. 12130 Per previous call we will wait until the 2nd to call back 113 LM in Korean about the time and place of the meeting and respectfully requested they attend. 1/5 Mr. Cheung was present at the meeting. He wants us to do the work within the easement and stay off his other property. 1/7 Present at meeting on-site with Charlie Liu and walked the back of his property in the area of the future Alamo Heights. He has a better understanding of the proposals. 119 LM about timing of public hearing 12 5 PLANNING COMMISSION 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: December 13, 2005 November 21, 2005 Tentative Tract Map No. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 Directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane, Diamond Bar, CA 91765 To certify the Environmental Impact Report and adopt the Mitigation Monitoring Program; to subdivide a 80 acres site into 48 parcels with a minimum lot size of one acre for the eventual development single-family custom homes; to change the zoning from R-1-20,000 to Rural Residential (RR); to grade and develop in a hillside area; to allow retaining walls that exceed an exposed height of six feet; and to remove/replace/ protect oak and walnut trees. PROPERTY OWNER/ APPLICANT: Millennium Enterprises Mr. John Bostick 3731 Wilshire Blvd., Suite 850 Los Angeles, CA 90010 STAFF RECOMMENDATION: Open the public hearing; receive comments on the project; close the public hearing and begin deliberations on TTM No. 53430 and its entitlements. Recommend to City Council the following: certify the Draft Environmental Report (SCH #2003052202) and approve the Mitigation Monitoring Program; approval of TTM No. 53430 and its entitlements. ,0T /3 -1 BACKGROUND: The project site, approximately 80 acres, is located within a private gated community identified as "The Country Estates". It is directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane. 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. The southern boundary of the project site is the boundary between the City of Diamond Bar and the County of Los Angeles. North and adjacent to the project site is Vesting Tentative Tract Map No. 53670. This is a 7.5 acre site approved for the developed of five custom residential lots. This map was reviewed and recommended for approval by the Planning Commission and approved by City Council on January 4, 2005. ANALYSIS: A. Applications/Review Authority The proposed project involves five applications as follows: 1. Subdivision application to subdivide the project site into 48 residential lots, Lots "A" and "B" and private streets; 2. Zone Change application to change the existing zoning of R-1-20,000 to Rural Residential (RR) for compliance with the General Plan land use designation for the project site. 3. Conditional Use Permit application for development in hillside area's having slopes of 10 percent or greater and to ensure the application of the City's hillside management standards to the project. The project site has natural slopes from 1.5:1 (67%) to 2.5:1 (40%). 4. Variance application is for proposed retaining walls that exceed an exposed height of six feet; and 5. Tree Permit application for the preservation, removal and replacement of oak and walnut trees which have a diameter of eight inches at breast height (DBH); 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, Variance and Tree Permit applications, 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 TTM 53430 Page 2 A-7TArGH J4 ow T /:3 - 2-- Planning Commission will review all applications and provide a recommendation to the City Council. The City Council will be the final decision maker. B, Existing Pro'ect Site Conditions The project site consists of approximately 80 acres of naturally vegetated and undeveloped land. Elevations on the project site range from 1,115 feet above mean sea level in the northeast corner of the site near proposed Lot 2 to 795 feet at the southern boundary of the project site. In general, the project site is characterized by slopes and ridges and contains various steep hillsides that lead towards the central drainage feature which transects the project site from north to south. This drainage area is heavily vegetated in the northern portion with oak trees and thick underbrush. The prominent upper ridgeline is wide and gently sloping from the north to south towards Tonner Canyon and is covered with grasses and sparse stands of walnut woodlands. The eastern boundary of the project site along Horizon Lane consists of steeply sloped hillsides that incline towards the central drainage feature and are vegetated with coastal sage scrub and walnut woodlands. The project site is located within the Tonner Canyon Significant Ecological Area No. 15 (SEA 15) as designated by the City's General Plan. However, since the SEA 15 is a County of Los Angeles designation and only applies to land in the unincorporated County, it is not applicable to land within the City limits. Therefore, the proposed project is not subject to the development review requirement of the County's SEA Technical Advisory Committee. C. Project Components The proposed 48 single-family custom residential lots will vary in size from 1.02 gross aces to 4.17 gross acres, with a majority of the lot sizes falling between 1.0 to 2.0 acres. Each lot will be graded with a development pad varying from 0.46 acres to 0.88 acres. In addition to the 48 custom residential lots, the project will consist of Lots "A" and `B" and private streets. Lot "A" transects the project site from north to south and will be adjacent to Alamo Heights Drive. It is a total of 7.82 acres. It will be developed as a mitigation area for impacts to the vegetation types on the project site. Lot "B" is located at the southern boundary of the project site. It will contain the sewerage pump station for the proposed project. D. 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 has a TTM 53430 Page 3 ATT"Eu7-- 13- 3 gross density of 0.6 dwelling units per acre. As such, the proposed map is in compliance with the City's General Plan with regard to density. E. Zone Change No. 2002-03 The current zoning for the project site is R-1-20,000 which allows more dense residential development. To be consistent with the General Plan land use designation of RR, a zone change is required for the project site. The RR zoning allows a maximum density of one dwelling unit per acre or lower density and is consistent with the land use designation. F. Variance No.2005-03 The purpose of a Variance is to allow a deviation from required development standards due to special circumstances, not self -create, applicable to the property (i.e., location, size, shape, surroundings, topography, or other conditions) which inhibits a strict application of the Development Code. The applicant proposes retaining walls throughout the project site due to the topography of the site and grading activities related to cut and fills that are needed to prepare the site for 48 lots with buildable pads, streets and access points. Several of the proposed walls are in excess of the maximum allowed exposed height of six feet. Therefore, a Variance approval is required. The retaining walls in excess of the allowed six foot height are as follows and as shown in Exhibit "B". Lot 31 is located adjacent to the secondary/emergency access at the terminus of Rocky Trail Road. Two retaining walls, each ten feet high, are proposed due to elevations difference between the buildable pad on Lot 31 and the adjacent slope the leads up to Rocky Trail Road. Staff recommends the applicant provide a five foot wide planter area located adjacent to the pad and the first retaining wall. The five foot wide planter area and the planting areas between the walls shall be heavily landscaped to reduce the visual and aesthetic impact from Street "A" and Lot 31. 2. Lots 25 and 26 are located adjacent to Street "B". A 16 foot high retaining wall is proposed at the property line adjacent to the street for the two lots because of the grade difference from the street. Staff believes that the 16 foot high retaining wall will create a negative visual and aesthetic impact contrary to the Hillside Management Ordinance. Staff recommends the applicant terrace the retaining wall (i.e. two -eight foot high retaining walls with a planter area separating the walls). Again, the landscape area between the two walls shall be heavily landscaped. TTM 53430 Page 4 AT`AC4i-",FM7-13-Y 3. Lot A is located in the southern portion of the project site and contains a trail easement and maintenance road. A 10 foot high retaining wall is proposed along various sections of the easement/road. The retaining wall is needed to support the easement/road because of the steep topography of this portion of the site. These wails vary in their linear design and will not create a tunnel effect (i.e. walls on both sides of the trail) and their impact can be reduced by plant material. 4. Lots 13, 14, 15, and 16 have a 10 foot high retaining wall located in the rear of the lot at the edge of each buildable pad. The retaining wall is needed to hold the upward rear slope at the pad's edge. 5. A retaining wall varying in height up to 26 feet is proposed along Alamo Heights Drive. The retaining wall will be located at the rear property lines of Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96 of Tract 30578. These lots take access from Rocky Trail Road and have rear property line adjacent to Alamo Heights Drive. Alamo Heights Drive is the main access to TTM 53430. Currently, Alamo Heights is at a higher grade than the above referenced lots and TTM 53430. The retaining wall is needed to construct the improvements for Alamo Heights in order to access the project site at an acceptable and gradual down slope. The retaining wall is also needed to align with the extension of Alamo Height that will serve approved Vesting Tentative Tract Map No. 53670 (Yeh/five lot subdivision). Staff has determined that this retaining wall will create a negative visual and aesthetic impact contrary to the Hillside Management Ordinance. Furthermore, a wall of this height adjacent to a street has never been approved since the adoption of the Hillside Management Ordinance and staff believes that doing so would set a precedence. The applicant has a 40 foot grading easement at Alamo Heights Drive. To improve Alamo Height Drive without the retaining wall, the applicant needs to obtain a 50 foot grading easement from the property owners of the lots referenced above. If the additional easement is obtained, a landscaped 2:1 slope could be constructed adjacent to Alamo Heights. The slope would be planted and maintained by the applicant and eventually by the homeowners association of the proposed map. As a result, staff recommended the applicant meet with the property owners of the lots referenced above. On September 21, 2005, the applicant held a meeting with the property owners and staff to discuss the alignment of Alamo Heights and the additional 50 foot grading easement. At the meeting, several property owners agreed in concept with 50 foot grading easement. The applicant is still working with the property owners to obtain this easement. In the event the applicant TTM 53430 Page 5 -77A-t'eA4,Etu7' 13 -S G H does not gain the additional easement, staff is recommending that the retaining wall be designed and constructed as two retaining walls (thereby splitting the height of the one retaining wall) with a landscape area between the walls. In this case, portions of the wall will be taller than six feet. Therefore, a Variance is required. All retaining walls on Lots 25 and 26, Lot 31, Lo Alamo Heights Drive will be constructed from Pockets containing plant material and irrigation. rock appearance. The pockets of plant mated appearance. All other retaining walls will be material such as split face block. Tree Permit t "A" and on the west side of architectural shotcrete with The shotcrete has a natural al will enhance that natural constructed from decorative The proposed project will impact 7.94 acres of oak woodland and 5.20 acres of walnut woodland. It is estimated 348 coast live oak and 250 scrub oak and 279 southern California black walnut trees will be removed by this project. Mitigation and monitoring plan is part of this project to ensure the replacement of these trees. Mitigation will include a combination of on-site and/or off-site preservation, enhancement, and/or restoration of no less than a 1:1 acreage ratio to ensure no net loss of habitat values as a result of the project's implementation. The native trees will be replaced at a 3:1 ratio per the City's Tree Permit requirements. The applicant will implement the mitigation plan, as approved by the City and according to the guidelines and performance standards of the plan. Environmental Impact 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. An Environmental Impact Report (SCH #2003051102) was prepared by the City's environmental consultant, BonTerra Consulting Purpose of an EIR: a. The EIR is an informational document. It evaluated potential project - specific and cumulative environmental impacts that could result from the development 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 used 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. TTM 53430 Page 6 A47AOHA4.F)v7- /,3 -4 2. EIR Process: a. Initial Study Initial Study is the first step in determining whether an EIR needs to be prepared for a project. Staff completed the Initial Study questionnaire for the proposed project and identified several areas, namely air quality, geology and soils, biology, hydrology, water quality and cultural resources that have significant impacts on the environment. Therefore, an EIR was required for TTM 53430. b Notice of Preparation (NOP) Once the determination to prepare an EIR is made, an NOP and the scope of the EIR is required to be prepared and distributed to agencies that have or may have the responsibility for providing service to the project or may be impacted by the project for review and response. The response period is 30 days. For this project, the NOP was circulated on May 16, 2004 with the review period ending on June 6, 2004. C. Notice of Completion (NOC) As soon as the "Draft" EIR (DEIR) is completed, a Notice of Completion and Availability is filed with the Office of Planning and Research and the DEIR is circulated for public review. The review period is 45 days. For this project, the DEIR/NOC was completed and circulated on August 20, 2004. The review period ended October 4, 2004. d. Environmental Factors/Effects Analyzed In the DEIR The Initial Study process for this project determined that the following environmental issues will have "no impact" or "less than significant impact and are not addressed in the DEIR: Agricultural Resources Population/Housing Land Use and Planning Recreation Mineral Resources The following environmental issues will have an impact but with the incorporation of the project's mitigation program, impacts associated with the implementation of this project will be reduced to a level "less than significant". TTM 53430 Page 7 >EArr /3 — 7 e. Aesthetics/Visual Resources Hydrology/Water Quality Biological Resources Noise Cultural Resources Public Services Geology/Soils Transportation/Traffic Hazards and Hazardous Utilities Materials According to the DEIR, the environmental issue related to Air Quality impacts may have a significant effect on the environment. The operational characteristics of the project (after homes are built and occupied) will not have a significant effect on the environment. However, the fugitive dust impacts (PMio) during grading activities could be worsened at the local level and be cumulatively considerable in the short-term if there are project under construction simultaneously in the immediate vicinity. VTTM 53670 (Yoh project) is located to the north of this project and will involve approximately 102,000 cubic yards of grading over 7.5 acres. According to the preliminary air quality report prepared by JHA Environmental Consultant for VTTM 53670, construction emissions from grading on that site will not result in a significant impact. However, if the project site (TTM 53430) and VTTM 53670 are graded simultaneously, short-term air quality impacts from fugitive dust would be considered cumulatively considerable. Even with the implementation of the mitigation measures, the air quality impact could be rendered to a less than significant impact. Therefore, the approval of the project will require a Statement of Overriding Considerations (see Section h.) Public Review Period/Response to Comments At the conclusion of the public review period, comments received are responded to and included as part of the DEIR that is reviewed by the decision makers. Revision to the Project Design After the close of the DEIR review period and based on the environmental analysis and comments received, the applicant has to restudy and redesign the subdivision and its grading concept. The project was inactive for approximately seven months. In the month of May 2005, the applicant submitted the redesigned subdivision for staff review. The City's environmental consultant prepared and updated document to the DEIR addressing the redesign. The consultant determined the redesign did not significantly change the project and the DEIR did not require recirculation. TTM 53430 Page 8 A1-rA-clfL1_Pu t g. Mitigation Measures and Mitigation Monitoring Program (MMP) CEQA requires public agencies to set up a Monitoring Program as part of the "Final" EIR. The purpose of the MMP is to insure compliance with the mitigation measures. At the time of the EIR's certification, the MMP is adopted as conditions of approval to mitigate or avoid significant environmental effects identified in the EIR. This project's MMP has been prepared for consideration. After incorporation of this project's mitigation measures, emissions of PM10 related to grading will be substantially reduced, but will remain significant on both the peak day and in the peak quarter. As a result, a Statement of Overriding Consideration (SOC) is required. h. Certification of the Final EIR and Statement of Overriding Considerations For substantial or potentially substantial environmental effects which cannot be mitigated to level of less than significance, a Statement of Overriding Considerations is required. 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 this project, a Statement of Overriding Consideration has been prepared because of the PM% The Findings of Fact to support the SOC is incorporated into the Planning Commission resolution that recommends the City Council certify the DER and adopt the MMP. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valle Tribune on December 1, 2005. Public hearing notices were mailed to approximately 180 property owners within a 1,000 -foot radius of the project site on November 28. 2005. Furthermore, the project site was posted with a display board and the public notice was posted in three public places by November 30, 2005. TTM 53430 Page 9 RECOMMENDATION: Staff recommends that the Planning Commission recommend the following to the City Council: certification of the Draft Environmental Report (SCH #2003052202) and Mitigation Monitoring Program; approval of Tentative Map No. 53430, Zone Change 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03, Tree Permit No. 2005-10, Statement of Overriding Consideration, Findings of Fact and conditions of approval as listed within the attached resolutions to City Council. Prepared by: Ann J. Lungu, Associate Planner Attachments: 1. Draft Resolution recommending certification of the DEIR and adoption of the Mitigation Monitoring Program to City Council of TTM No.53430; 2. Exhibit "C° — Statement of Overriding Considerations dated December 6, 2005 (attached to DEIR resolution); 3. Exhibit "D" — Mitigation Monitoring Program dated December 6, 2005 (attached to DEIR resolution); 4. Draft Resolution recommending approval to City Council of Zone Change No. 2005-03; 5. Draft Resolution recommending approval to City Council of Conditional Use Permit No. 2002-17, Variance No. 2005-03 and Tree Permit No. 2005-10; 6. Exhibit "A" —Tentative Map No. 53430 dated December 13, 2005; 7. Exhibit "B" -- Location of Retaining Walls; 8. Draft Environmental Impact Report (Volume 1); 9. Technical Appendices (Volume II) dated August 17, 2005, 10, Updated Information for TTM 53430 Environmental Impact Report dated October 13, 2005; and 11. Volume III/Response to Comments dated November 16, 2005. TTM 53430 Page 10 _ - PLANNING COMMISSION AGENDA REPORT �l9Sg/ 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 --- TEL. (909) 839-7030 FAX (909) 861-3117 AGENDA ITEM: 7.1 MEETING DATE: January 10, 2006 BACKGROUND: The above referenced project was presented to the Planning Commission at a study session and public hearing on December 13, 2005. The Commission continued the public hearing to January 10, 2005 to give the applicant additional time to address the Commission's concern regarding a proposed retaining wall adjacent to Alamo Heights Drive. ANALYSIS/bISCUSSION: The extension of Alamo Heights Drive uses a retaining wall varying in height from zero to 26 feet. The retaining wall is necessary to support Alamo Heights Drive because the street's existing elevation is much higher than the rear portion of the Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96 of Tract 30578 and to align with the extension of Alamo Heights Drive that will serve VTTM 53670 (Yeh/five lot subdivision). However, if the applicant can obtain an additional 50 foot grading easement from the referenced lots, the retaining wall would be eliminated. At the public hearing, several residents expressed concerns related to the on-site Pump station, drainage, grading, wildlife and proposed retaining wall adjacent to Alamo Heights Drive. The concerns related to on-site pump station, drainage, grading and wildlife which are addressed in the Draft EIR. One resident, Dr. Hofu Wu, affected by the additional 50 foot grading easement or proposed retaining wall suggested an alternative design concept. Staff does not know the origin of this concept and was not given a copy of Dr. Wu's presentation. Staff believes this concept is from an old tract map designed before the City incorporated. Its density is higher than one dwelling unit per acre and is not consistent with the City's General Plan. Additionally, it does not comply with the City's Hillside Management Standards. Furthermore, there is no technical information and analysis of any kind to support this concept. After public comments and discussion, the Planning Commission directed the applicant to continue working on obtaining the additional 50 foot grading easement from the property owners of the referenced lots of Tract 32482 and 30578. The applicant continues to work with these property owners and has submitted a chronology of all discussions. The chronology is attached to this report. Alua_-e-AA Eju r-1310 The applicant has submitted an alternative design for the improvement of Alamo Heights Drive. The alternative design gradually lowers the grade of Alamo Heights Drive approximately 10 feet within a 300 foot span beginning at the access point for VTTM 53670 to the rear of Lot 5 of VTTM 53670. The grade then begins to rise at the end of Lot 16 of proposed TTM 53430. By lowering the grade, the height of the retaining wall located on the west side of Alamo Heights Drive changes to a maximum height of 10 feet. A second retaining wall, varying in height with a maximum height of 10 feet, is added adjacent to the rear property lines of Lots 5, 8, 9 and 10 and adjacent to a portion of the rear property line of Lots 4 and 7 of Tract 32482. Lot 8 of Tract 32482 will not have the second retaining wall. Lot 96 of Tract 30578 will have the second retaining wall adjacent to the rear property line. Also, a third retaining wall is proposed on the east side of Alamo Heights Drive adjacent to the side property line of Lot 5 of VTTM 53670 (Yeh subdivision). It varies in height from zero to nine feet. The staff has added additional language to condition 5. b. (7) of the Subdivision Resolution and Hillside Management/Conditional Use Permit/Variance/Tree Permit Resolution as follows: Prior to final map approval, applicant shall make a "good -faith" effort to obtain an additional 50 foot wide off-site grading easement across Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96 of Tract 30578 which have rear properties adjacent to Alamo Heights Drive. The applicant shall provide written permission to the satisfaction of the City Engineer from the property owners of said lots affected by the off-site grading. If the 50 foot wide easement is obtained, applicant shall provide irrigation and landscaping for the 50 wide foot easement on said lots and existing 40 foot wide easement adjacent to Alamo Heights Drive for a total of approximately 90 feet wide. Applicant shall maintain this 90 foot easement until the responsibility becomes part of the homeowners association. If the applicant is unable to get the additional off-site grading easement from any one of the above mentioned lots of Tracts 32482 and 30578, the applicant shall submit plans with alternative design delineating retaining walls not to exceed a maximum exposed height of 15 feet subject to the Community Development Director's review and approval prior to final map. The retaining walls adjacent to Alamo Heights Drive will be constructed from architectural shotcrete with dense landscaping in front of the walls and in planter areas within the walls. RECOMMENDATION: Staff recommends that the Planning Commission recommend the following to the City Council: certification of the Draft Environmental Report (SCH #2003052202) and approval of the Mitigation Monitoring Program; approval of Tentative Map No. 53430, Zone Change 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03, TTM 53430 Page 2 A't-rA-C-I-ftil0Nr- /g - 11 Tree Permit No. 2005-10, Statement of Overriding Consideration, Findings of Fact and conditions of approval as listed within the attached resolutions to City Council. Prepared by: Ann J. Lungu, Associate Planner Attachments: 1. Alternative Plan for Alamo Heights Drive/Improvement; 2. Correspondence to Planning Commission dated December 19, 2005; 3. Chronology of meetings/phone discussions with owners of properties adjacent to Alamo Heights Drive from John Bostick of Millennium Diamond Road Partners, LLC; and 4. Staff Report dated December 13, 2005. TTM 53430 Page 3 - rwRo4pr 13- J z- MINUTES OF THE CITY OF DIAMOND BAR PLANNING COMMISSION STUDY SESSION DECEMBER 13, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 5:33 p.m. Room CC -2 of the South Coast Air Quality Management District/Government Center Building, 21865 Copley Drive, Diamond Bar, California 91765. Information regarding TTM 53430 (Stanley Cheung Project) 1. ROLL CALL Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and Commissioners Kwang Ho Lee and Tony Torng. Commissioner Dan Nolan was excused. Also present: Nancy Fong, Interim Community Development Director; Gregg Kovacevich, Assistant City Attorney; Ann Lungu, Associate Planner and Stella Marquez, Senior Administrative Assistant. A. Information Regarding TTM 53430 (Stanley Cheung Project) ICDD/Fong gave a brief overview of the proposed project and introduced John Bostick, Millennium Enterprises who introduced his team and gave a slide presentation depicting the layout of the project located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane. Mr. Bostick responded to Chair/McManus that in general the lots are one -acre 20,000 square foot flat pads, well above or more than the minimum density requirement. Mr. Bostick explained that the lift station for servicing the sewer system would be funded by the homeowners' association. The majority of the retaining walls were eliminated by improved grading techniques. However, there are a couple of areas of concern that may have to be addressed if the applicant were unable to negotiate the easement for grading. Mr. Bostick stated that Millennium Enterprises held one meeting with the residents along Alamo Heights, one meeting with "The Country Estates " Homeowners' Association and one meeting with the City. Three to four homeowners attended each of the meetings and Dr. Wu, Professor of Architecture asked to provide his expertise to the project regarding grading and other architectural features. Mr. Bostick said he believed that the architectural features agreed upon between the applicant and staff would serve to mitigate the view of the walls. He showed examples of walls that Millennium intends to use. The walls include features such as composite rock that is natural to the area, planters and DECEMBER 13, 2005 PAGE 2 PLANNING COMMISSION STUDY SESSION irrigation lines. He explained how the cut and fill would be done to accommodate the correct ratio roadways. iCDD/Fong responded to comments made by Dr. Wu. Regarding the sensitive nature of the area as a habitat for wildlife, while true of hillside areas the EIR addressed that concern and recommended on-site and off-site mitigation. With respect to traffic, the project has a completed traffic study and the EIR indicated no impact because the number of trips generated by one -acre lots would be insignificant. The third comment was regarding slope stability and most certainlythis was a major concern for the City of Diamond Bar. The soils experts indicated that slope stability mitigation be accepted as indicated in the EIR. Additionally, the Los Angeles Fire Department reviewed the EIR and recommended a few modifications including a recommendation that all houses would require sprinklers and that the access meet the requirements. Drainage, sewer and other like issues have also been addressed and installation and ongoing maintenance will be paid through homeowner association dues assessment along with other required fees. VC/Low asked for a status of the negotiations with the Alamo Heights property owners with regard to the grading. ICDD/Fong said that a few property owners were present for the neighborhood meeting to review the easement proposal. Staff believes that the proposal offers a win-win for the residents because it would result in re -grading and landscaping the rear slopes. VC/Low asked if the proposed 26 foot high retaining wall along Alamo Heights was accurate and TCDD/Fong and AssocP/Lungu responded that only certain sections of the retaining wall might reach a maximum height of 26 feet. Mr. Bostick pointed out a very small section at the low point that would reach 26 feet in height and the existing residences would remain above the 26 -foot wall. Mr. Bostick assured VC/Low that even with Planning Commission approval he was very financially motivated to pursue the easement with the landowners. If the landowners approved the easement there would be no need for a variance from the Planning Commission. Tom Smith of BonTerra Consulting, the City's Environmental Consultant, explained to VC/Low that levels of service calculations for traffic flow do not apply to private driveways. Traffic engineering reports are related to public streets only. Mr. Bostick said he believed the homeowner was more concerned about construction traffic. VC/Low explained her concern that residents in "The Country Estates" had increased to the point of reconsideration and wondered if there was anything that could be done to mitigate the traffic outside "The Country Estates." Mr. Bostick explained that it was an association problem that could be addressed through the annexation process. ICDD/Fong explained that the primary reason for traffic backup A1TACW A40N7-" 14-2— DECEMBER 13, 2005 PAGE 3 PLANNING COMMISSION STUDY SESSION during peak hours was a result of the security checking process and felt that the association should work with the City's traffic engineer to provide an improved access. C/Lee spoke about traffic and noise pollution problems in the City as a result of additional building. He disagreed with the EIR finding in Item 212.5 on page 16 entitled "Population Housing Description." Many residents believe that building more houses brings a significant impact to the City's traffic. How was it that the General Plan anticipated a population increase and by what standard did the engineer determine there would not be a significant impact on the City's traffic movements. Mr. Smith explained that in CEQA when impact determinations are made a "significant stretch threshold" is used as a basis for whether an impact is or is not significant. The way these analyses are done is by using the General Plan as a trigger for whether or not new projects "trigger" significant impacts on the current conditions. If the project requires an amendment to the General Plan it means that the projectwas not fully anticipated in the General Plan and it would therefore cause an impact that the General Plan did not anticipate. The City's General Plan allows this project; there is no proposed General Plan Amendment. Therefore, the property can be built as anticipated under the City's existing General Plan. Mr. Lee explained that every developer has indicated that there are no significant impacts to traffic. However, he has observed what he believes to be significant impacts to traffic since he moved to Diamond Bar 14 years ago. Chair/McManus explained that he was involved in the writing of the General Plan and learned that most of the City's traffic problems were caused by cut -through traffic. Mr. Smith stated that when the City approved the General Plan additional projects were included in the consideration and to date, the City has not exceeded the projects that were included and contemplated in the approved General Plan. What the Planning Commission needs to address are infrastructure changes that would help mitigate unrelated traffic issues. Mr. Bostick explained that as a matter of due diligence, applicants such as Millennium Enterprises discuss the General Plan with staff and its planners. In this case, the applicant has done everything possible to remain within the boundaries of the General Plan. CILee said he understood the General Plan but was concerned about the impact to the residents. ICDD/Fong explained that the project was well within the density called out in the General Plan. The benefit to the City is that this development would increase property value and the improvements would result in additional property tax to the City. Chair/McManus reiterated that the project was within the guidelines DECEMBER 13, 2005 PAGE 4 PLANNING COMMISSION STUDY SESSION of the City's General Plan and the Planning Commission was charged with land use issues only, "The Country Estates" needs to address their ingress/egress issues. Mr. Bostick further explained that the project is actually at 60 percent of the density called out in the City's General Plan. Mr. Bostick responded to VC/Low that there were several small faults in the area that were not considered to be active faults. C/Torng asked how long the project would take and Mr. Bostick responded that the grading would take six to nine months. Mr. Smith explained to VC/Low that if the Commission approved the project a landscape plan would be done to determine where trees should be placed to allow for maturity. Some of the manufactured slopes may not be appropriate for a large number of trees. In addition, there would be a number of off-site tree replacements. Some of the oaks are within jurisdictions where the replacement is as high as 10:1 or higher for example. The actual number will not be known until the permit process is completed. In short, it was acknowledged from the beginning of the discussions that there would be many more trees called out for mitigation than this site could accommodate. Fish and Game supersedes the City's requirement. VC/Low asked why Lot A was reduced from 11 to under eight acres. Mr. Smith explained that the original tract map design included a park -like setting and a recreated riparian system protected by retaining walls. The current design put that area in a pipe and on the surface there are other water quality features but it is not intended to be habitat. The present design achieves all of the storm water goals of the previous design but no agency would have accepted the riparian area as mitigation because it was totally recreated and would have been a huge expense for the homeowners to maintain with very little real benefit. The current project offers real environmental values. Mr. Smith explained to VC/Low that the biologists walked every inch of the property and mapped it. The report contains a detailed report in GIS mapping with detailed maps that were prepared on-site and entered into the computer. The maps included all of the various habitats. Also, every tree on the site met the City's standards for its Tree Ordinance (8" in cumulative diameter). All trees were tagged with metal tags that contain GPS coordinates, the type of tree, height, width, quality, etc. In addition, the drainage was mapped and no Fish and Game riparian jurisdiction was established outside of the drainage corridor. Very little actual wildlife usage was determined to be on the property. Wildlife traverses Tanner Canyon. Even though the property is owned by the City of Industry the property outside the City boundary is owned by Los Angeles and Tonner Canyon was designated as a significant ecological area. A17A 44 U rN7" 14l — y DECEMBER 13, 2005 PAGE 5 PLANNING COMMISSION STUDY SESSION ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the study session at 5:59 p.m. to the regular meeting. Respectfully Submitted, Nancy Fong Interim Comm Attest: . ClyC cManus, Chairman ity Development Director AAc4-i4w MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 13, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:12 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low and Commissioners Kwang Ho Lee and Tony Torng. Commissioner Dan Nolan was excused. Also present: Nancy l=ong, Interim Community Development Director; Gregg Kovacevich, Assistant City Attorney; Ann Lungu, Associate Planner, Linda K. Smith, Development Services Associate and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of November 8, 2005. VC/Low moved, C/Torng seconded to approve the Minutes of the November 8, 2005, Study Session as presented. Motion carried by the following Rall Call vote: AYES: COMMISSIONERS: VC/Low, Torng, Lee NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/McManus ABSENT: COMMISSIONERS: Nolan DECEMBER 13, 2005 PAGE 2 PLANNING COMMISSION 4.2 Minutes of the Regular Meeting of November 8, 2005. C/Torng moved, VC/Low seconded to approve the Minutes of the Regular Meeting of November 8, 2005, as changed by C[Torng. Motion carried by the fallowing Roll Call vote: AYES: COMMISSIONERS: Torn, VC/Low, Lee NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/McManus ABSENT: COMMISSIONERS: Nolan 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 DEVELOPMENT REVIEW NO. 2005-07 - In accordance with Code Section 22.48, this was a request to construct an approximate 10,650 gross square foot three-story single-family residence with balconies, six cargarage and site retaining walls to a maximum six-foot height. PROJECT ADDRESS: PROPERTY OWNER: 2729 Steeplechase Lane Diamond Bar, CA 91765 Alfred and Kuolin Yui 1330 Red Bluff Lane Diamond Bar, CA 91765 APPLICANT: Andy Wang 14658 E. Valley Boulevard Industry, CA 91746 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2005-07, Findings of Fact, and conditions of approval as listed within the draft resolution. Andy Wang said he and the applicant read staff's report and concurred with the conditions of approval. A'tT-Ac44M�r lq-? DECEMBER 1i3, 2005 PAGE 3 PLANNING COMMISSION Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Low moved, C/Lee seconded to approve Development Review No. 2005-07, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Low, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 7.2 DEVELOPMENT REVIEW NO. 2004-110) - In accordance with Code Section 22.66.060(2), this was a request to modify the architectural style of an approved structure that would house an indoor swimming pool. The Planning Commission approved the single-family residence and swimming pool structure on July 13, 2004. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 2601 Wagon Train Lane Diamond Bar, CA 91765 Li Zhao 1066 Iron Shoe Court Walnut, CA 91789 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review No. 2004-11(1), Findings of Fact, and conditions of approval as listed within the resolution. AssocPlLungu responded to C/Torng that the neighbor might be able to see a small portion of the structure because it was higher than the tennis court fencing by about five feet. Neighbors on either side may be able to see the structure and that is why staff asked for additional landscaping to mitigate the view. Such enclosures are common to "The Country Estates" as well as other areas of Diamond Bar. Ed Wilbur, California Custom Sunrooms, explained that the patio was a full glass enclosure with fully insulated low E "Smart Glass 90" dual pane vinyl windows and wall panels. DECEMBER 13, 2005 PAGE 4 PLANNING COMMISSION Mr. Wilbur confirmed to Chair/McManus that the roof skylights open to eliminate fogging and the front contains operable windows. Chair/McManus opened the public hearing. With no one present who Wished to speak on this item, Chair/McManus closed the public hearing. C/Torng moved, C/Lee seconded, to approve Development Review No. 2004-11(1), Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Rall Call vote: AYES: COMMISSIONERS: Torng, Lee, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 7.3 DEVELOPMENT REVIEW NO. 2005-39, MINOR CONDITIONAL USE PERMIT NO. 2005-15 AND TREE PERMIT NO. 2005-11 - In accordance with Code Section 22.48, 22.68, 22.56 and 22.38, this was a request to remodel and construct approximately 6,446 gross square feet to an existing 3,392 square foot single family residence with a five car garage, site retaining walls with a maximum exposed height of seven (7) feet, and swimming pool. Additionally, the applicant requested Minor Conditional Use Permit approval to allow the continuation of a legal non -conforming 22 -foot front yard setback and Tree Permit for the removal and replacement of preserved/protected trees. PROJECT ADDRES PROPERTY OWNER APPLICANT: 2601 Wagon Train Lane Diamond Bar, CA 91765 Karambir S. Bhullar 2601 Wagon Train Lane Diamond Bar, CA 91765 Ron Whittier 2512 Cedar Ridge Lane Corona, CA 92881 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2005-39, Minor Conditional Use Permit A77?<r-H l&-Pj7- / q—,7 DECEMBER 13, 2005 PAGE 5 PLANNING COMMISSION No. 2005-15 and Tree Permit No. 2005-11, Findings of Fact, and conditions of approval as listed within the resolution. VC/Low asked if DSA/Smith was comfortable with the Arborists' report since it was dated December 2, 2002, and DSA/Smith responded affirmatively because nothing had changed at the site. C/Torng asked why the applicant had landscaped to the street and DSA/Smith explained that "The Country Estates" homeowner's property line runs to the centerline of the existing street. Ronald Whittier, applicant, stated that he and Dr. Bhullar read staffs report and concurred with the conditions of approval and Dr. Bhullar would like to move forward with the project. Chair/McManus opened the public hearing. Ron Everett, Rocky Trail, said he had safety concerns during construction about the setback because the easterly garage was close to a turn. He felt that all construction vehicles and equipment should be kept off the street. He asked that the new garage be set back as far as possible from Wagon Train. He said he supports the project. He would like to see low landscape in the front yard area so that it would not impede visibility for vehicle travel on Wagon Train. He said he was also concerned about view protection because his view would be invaded by the project. He also requested that no second stories be allowed on the garages. ICDD/Fong responded that the traffic engineer reviewed the plans and made no comment that there was a safety issue. The new garage sits back further than the existing building and is short only by a foot and three-quarters from the 30 -foot setback. Regarding the landscaping, a condition could be placed upon the project requiring that landscaping within the front yard should be low level shrubs and that trees should be moved back closer to the building. She again stated that the City does not have a view preservation ordinance that would require applicants to conduct a study on view sheds. C/Lee moved, C/Torng seconded, to approve Development Review No. 2005-39, Minor Conditional Use Permit No. 2005-15 and Tree Permit No. 2005-11, Findings of Fact, and Conditions of Approval as listed in the resolution subject to the addition of a condition requiring shrubbery in the �fiTAC.fk �l �r�T- i t� DECEMBER 13, 2005 PAGE 6 PLANNING COMMISSION front yard setback to be low-level. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Torng, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 7.4 TENTATIVE TRACT MAP NO. 53430, ZONE CHANGE NO. 2005-01 CONDITIONAL USE PERMIT NO. 2002-01, VARIANCE 2005-03 AND TREE PERMIT NO. 2005-10 - 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, 22.54 and 22.38, this was a request to subdivide approximately 80 acres into 48 single-family residential lots for the eventual development of 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 was related to grading and development within a hillside area. The Variance was related to retaining walls that were proposed at a height greater than six feet. The Tree Permit was related to the removal/replacement/protection of oak and walnut trees. PROJECT ADDRESS: Directly south of Rocky Trail Road and Alamo Heights Drive, and west of Horizon Lane, Diamond Bar, CA 91765 PROPERTY OWNER/ John Bostick APPLICANT: Millennium Enterprises 3731 Wilshire Boulevard, Suite 850 Los Angeles, CA 90010 AssocP/Lungu presented staffs report and recommended that the Planning Commission recommend the following to the City Council: Certification of the Draft Environmental Impact Report (SCH#2003052202) and Mitigation Monitoring Program; approval of Tentative Tract Map No. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03, Tree Permit No. 2005-10, Statement of Overriding Consideration, Findings of Fact, and conditions of approval as listed within the Resolutions. AtrAcWA4"r lq, ,fl DECEMBER 13, 2005 PAGE 7 PLANNING COMMISSION VC/Low asked when the amount of contributions toward a park would be determined and ICDDIFong responded that typically, the amount is handled prior to issuance of permits based on the appraised value of the proposed project. ICDDIFong explained that the pad sizes are about an acre and in this particular zone the lot coverage is 30 percent so that there is less infringement into the natural slope (restricted) areas. This project as in the case of all projects within "The Country Estates" requires homeowners' association approval. John Bostick, Millennium Diamond Road Partners, showed a copy of the Tentative Tract Map provided by property owner Jerry Yeh, showed a photo of the proposed site and 3-D depictions of the completed project. He explained the proposal in detail and showed the location of the streets and proposed lots on the other side of Horizon Lane. He stated that the applicant is working with the Alamo Heights residents to obtain a slope easement in order to eliminate the retaining wall required by the construction of Alamo Heights Drive. VC/Low asked for further comment on the EIR with respect to wildlife. Tom Smith, BonTerra Consulting, explained to VC/Low how the project does not impede habitat and wildlife corridors. The finger canyons off of the ridgeline of "The Country Estates" provide some opportunity for wildlife to move back and forth from Tohner Canyon into the side canyons a bit. However, there are no actual connections for wildlife movement in the area. He said that his staff spent several days mapping the entire site and surveyed every tree on the site that met the City's Tree Ordinance standards. The conclusion was that the loss of the trees and the habitat could be mitigated was based on compliance for the City's Tree Ordinance and requirements for recreating the habitat and replacing the appropriate number of trees onsite and offsite. In addition, the biological surveys determined that the Corps of Engineers and the California Department of Fish and Game as well as the Regional Water Quality Control Board have jurisdiction on this property relating to the drainage. Permits will be obtained from those agencies and all mitigation required by those agencies will be satisfied as required before the City's issuance of a grading permit for development of the site. As with any project in the City and as required by CEQA, there is a five-year mitigation monitoring system in place during implementation of the project. k7rA-�IA4XN7 !#-17, DECEMBER 13, 2005 PAGE 8 PLANNING COMMISSION In response to VC/Low, Mr. Bostick stated that staff met with "The Country" Homeowners' Association regarding approval and future construction of the project and agreed to work with the association regarding hours of operation. He said he speaks with Steve Solis, President of the association at least twice a week about the project. The access to the construction site is through Alamo Heights. The current anticipated value of the project upon completion is $1.1 million per lot. Mr. Smith explained to C/Lee that the animals would move out of the area once the grading began. As previously mentioned, the 70 acres of development is a very small area in comparison to the over 1000 acres in the Tonner Canyon significant ecological area and biological resources area. Any animals on the site will move on their own out into other areas and most especially Tonner Canyon. For small animals with low mobility, the mitigation monitoring program requires biological monitors to be placed on-site before the first piece of equipment starts to move. This process has taken place in Diamond Bar and other cities for many years. The biologists move rattlesnakes, small lizards and other animals that are unable to get out of the way of the equipment. The most valuable place for animals is in Tonner Canyon and not on this project site because the site is surrounded on three sides by other development. The mitigation program requires that the acres of habitat be recreated offsite under the watchful eye of a five-year monitoring program. At the request of C1Torng Mr. Bostick explained that the park fees are determined after approval and engineering. The appraisal is based upon the finished product and Millennium is prepared to pay the park fees for the 8.9 - acres. James Claude, Neblitt Associates, engineering consultant for the project, stated that his firm follows state, county and city guidelines as well as industry standards for slope stability calculations, seismic hazards analysis and other geotechnical analyses. Mr. Smith confirmed to Chair/McManus that a wildlife habitat is open at both ends and one that is not is often referred to as a mortality sink for the animals. VC/Low asked if Mr. Bostick was comfortable with the City's fees and Mr. Bostick confirmed that he was. ATMC-4,wrAy- 14-13 DECEMBER 13, 2005 PAGE 9 PLANNING COMMISSION Chair/McManus opened the public hearing. Bill Liu, 2855 Bentley Way, said that if this procedure requires Crystal Ridge HOA to be involved it should have input into the project. He asked whether the City required approval from the Crystal Ridge HOA. ICDDIFong responded that this project asked to annex into "The Country Estates." The Crystal Ridge HOA is a separate association and cannot ask the City to require that this project be annexed into "The Country Estates" Homeowners Association because the City merely grants the entitlement and does not regulate whether an association annexes into "The Country Estates." Therefore, this is a private matter between Crystal Ridge and "The Country Estates." Mr. Liu responded to C/Torng that the Crystal Ridge homeowners are confined to using the Steeplechase entry only. Ron Everett, Rocky Trail Road, stated that this was a complex and very good project and that the community engineering was a major problem. He appealed to the Commissioners to devise a way to make sure that the matter of homeowner association relationships were established prior to completion of this project. The developer and "The Country Estates" are in continuing discussions but there are other issues that need to be resolved. He said he was concerned about three or four associations involved in sharing roads that would create "human- interest" concerns. ICDDIFong said that for tonight's meeting the advertisement was for entitlement of this project and not to discuss the association concerns. David Leong, Kicking Horse Drive (adjacent to the proposed Alamo Heights) asked the applicant to reiterate the height and length of the wall along Alamo Heights. He wanted to know if it was true that the homeowners on Kicking Horse Drive were legally obliged to grant easement for half of the width of Alamo Heights. The creek running along Alamo Heights that accommodates animals is not referred to in the EIR. ICDD/Fong responded that the property has a 40 -foot easement, a drainage easement and a maintenance easement. If the applicant stays within the 40 -foot easement they would have to construct a retaining wall in order to build Alamo Heights. If built, the wall would extend the length of eight homes and the wall could range from 0 to 26 feet at its highest point. The applicant showed plans that depicted how the retaining wall and landscaping would appear. If the eight property owners DECEMBER 13, 2005 PAGE 10 PLANNING COMMISSION granted a grading easement of about 50 feet in width the applicant could use the entire 90 feet for grading a 2:1 gradual slope to meet the height of the street and avoid building the retaining wall. If the additional 50 -foot easement were granted it would provide more of a natural landscape. The applicant has proposed an underground box for the water flow with catch basins and drains. Tom Smith referred the speaker to pages 3.3-11 and subsequent pages as well as Figure 3.3-1 that showed the location of the drainages and talked about the wildlife and habitat values in the area. It is true that there is runoff in the creek now and it is his belief that a lot of the runoff is "nuisance" water from irrigation on the surrounding development. As indicated, the water will continue to pass beneath the surface of the site and ultimately discharge into Tanner Canyon at approximately the same location that it discharges today as required by the City and by the regulatory agencies. TCDD/Fong responded to Mr. Leon that Alamo Heights has a certain grade. The approval of the Jerry Yeh subdivision extended Alamo Heights and established certain grades requiring gradual grade reduction of the extension. The retaining wall concept is to hold up the street because of the significant drop in the elevations in a short span of roadway. Staff would prefer to have the applicant grade the slopes at the back of the homes to create a gentle slope that rises to meet the street and not require the high retaining wall. Dr. Hofu Wu, licensed architect and Fellow of the American Institute of Architects, 22368 Kicking Horse, felt that with all of the requirements placed on the project it was not an insignificant impact to the EIR, that there would be a vast amount of cut and fill and that the pads would actually be at 50 percent lot coverage and not 30 percent. He offered what he felt was a better solution to the proposed retaining wall that he believed would be 600 feet long rather than the 100 feet previously indicated. Fred Guido, 7530 Rocky Trail Road, said he did not have an opportunity to look at the EIR. He asked what size, types of motors and sound suppression would be implemented for the sewage pump station located at the cul-de-sac joining Rocky Trail Road; asked for a definition of a Statement of Overriding Consideration as it related to grading; and whether grading would be confined to the City of Diamond Bar or infringe on L.A. County property and whether that possibility was taken into consideration during the preparation of the EIR. He asked if Rocky Trail Road would be used as an access road during the course of construction and what requirements/mitigation measures/conditions were placed on the project to keep access streets clean DECEMBER 13, 2005 PAGE 11 PLANNING COMMISSION and free of muddy debris. He said that in his opinion, the City should be developing this project in accordance with the contours of the land because Crystal Ridge turned into a cookie cutter box -style housing tract and the houses are out of character with the general setting of "The Country Estates." ICDD/Fong responded that staff was unaware of the size of the pump and that it would be reviewed by LA County. The pump will be housed in a structure to minimize noise pollution and should not impact the residents. Additionally, the pump was located close to the southern boundary of the project site and not any where near the cul-de-sac of Rocky Trail. Through CEQA and the EIR process if all impacts have been identified and can be mitigated to a point of "less than significant" the project can move forward. However, if one impact exceeds that standard a Statement of Overriding Considerations must be adopted in order for the EIR to be certified and for the project to be approved. In this case the only impact at issue is PM10 that deals with the inability to meet the air quality standards during construction. Once the project is completed there are no long-term impacts at issue. ICDD/Fong said she was unable to discuss regional air quality matters because they were not City of Diamond Bar issues. With respect to grading, the EIR reviewed the project within the project boundary only. The city, county, state and Water Quality Board have regulations regarding dust, mud and debris (NPDS) and the developer must make certain that no mud and debris washes into the drainage system. During grading water trucks are set in operation to mitigate dust impact to surrounding residences. The variance is for the height of several retaining walls. Staff has been working with the applicant to reduce the number and height of the retaining walls. Staffs preference is for the applicant to work with the adjacent neighbors so that there would be no retaining wall along Alamo Heights. VC/Low said she visited the project site today and found it to be ambitious and the views breathtaking. She felt that Mr. Wu's recommendations while not necessarily better than those of the applicant were worthy of consideration. She said she was concerned that if the Variance were granted today there would be no incentive for the applicant to continue negotiating with the landowners for the easement. VC/Low moved that the hearing be continued to January 10, 2006, to allow the applicant time to obtain permission from the remaining landowners for the easement. C/Torng seconded the motion. Motion carried by the following Roll Call vote: DECEMBER 13, 2005 9. 10 PAGE 12 PLANNING COMMISSION AYES: COMMISSIONERS: VC/Low, Tomg, Lee, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan PLANNING COMMSSIONER COMMENTSIINFORMATIONAL ITEMS: VC/Low wished staff and residents Happy Holidays and a Merry Christmas. CILee said that Mr. Smith did a very good job explaining the project and answering his questions but he was still concerned that although the City's population had doubled since 1980 the streets had not been widened. The Millennium project is only for 48 houses but it does increase the population which in turn increases pollution, traffic and adverse conditions. He would prefer to see the project discussed as a private matter with a more detailed discussion at the next meeting. C/Torng thanked the developer, staff and the consultant for their presentations. He said Happy Holidays to everyone including his fellow Commissioners. Chair/McManus wished everyone a Merry Christmas. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ICDDIFong reminded the Commissioners that the December 27, 2005, meeting was canceled due to lack of quorum. ICDDIFong reported that at its December 6, 2005, meeting the City Council approved the Country Hills Towne Center project with additional conditions. CM/Lowry and the City Council are considering economic development for the City and are looking at several sites. The Mayor may request an Economic Development Task Force and may ask two members of the Planning Commission to participate. ICDDIFong responded to VC/Low that at the December 6, 2005, Council meeting Mr. McCarthy expressed that he would most likely be signing an agreement to bring a market to his shopping center within 10 days. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. DECEMBER 13, 2005 PAGE 13 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, VC/Low adjourned the meeting at 10:05 p.m. to January 10, 2006. Attest: L Joe*Manus", Chairman ResuectfuRv Su Nancy Fong Interim Com4ty'06vetbpment Director ,4T7-AC44--)L4 EA," 7- /4-17 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 10, 2006 CALL TO ORDER: Chairman McManus called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low and Commissioners Kwang Ho Lee and Tony Torng. Commissioner Dan Nolan was excused. Also present: Nancy Fong, Interim Community Development Director; John C. Cotti, Assistant City Attorney; Ann J. Lungu, Associate Planner, Linda K. Smith, Development Services Associate, Stella Marquez, Senior Administrative Assistant and Tom Smith, BonTerra Consulting. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered, 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of December 13, 2005. VC/Low asked that on Page 2, last paragraph, that the end of the first sentence be corrected to read...." ... to mitigate the traffic outside of "The Country Estates." VC/Low moved, C/Lee seconded, to approve the minutes of the December 13, 2005, study session as corrected. AYES: COMMISSIONERS: VC/Low, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 4.2 Minutes of the Regular Meeting of December 13, 2005. C/Torng moved, CILee seconded to approve the Minutes of the Regular Meeting of December 13, 2005, as presented. Motion carried by the following Roll Call vote: sur 14 -igy' JANUARY 10, 2006 PAGE 2 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING(S): Torng, Lee, VC/Low, Chair/McManus None Nolan 7.1 TENTATIVE TRACT MAP NO. 53430, ZONE CHANGE NO 2005-03, CONDITIONAL USE PERMIT NO. 2002-01, VARIANCE 2005-03 AND TREE PERMIT NO. 2005-10 - 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, 22.54 and 22.38) this was a request to subdivide approximately 80 acres into 48 single-family residential lots for the eventual development of single-family custom homes. The Zone Change was related to changing the existing zoning from R-1-20000 to Rural Residential (RR); the Conditional Use Permit was related to grading and development within a hillside area; the Variance was related to retaining walls that were proposed at a height greater than six feet, and the Tree Permit was related to the removal/replacement/protection of oak and walnut trees. (Continued from December 13, 2005) PROJECT ADDRESS: Directly south of Rocky Trail Road and Alamo Heights Drive, and west of Horizon Lane, Diamond Bar, CA 91765 PROPERTY OWNER/ John Bostick APPLICANT: Millennium Enterprises 3731 Wilshire Boulevard, Suite 850 Los Angeles, CA 90010 AssocP/Lungu presented staff's report and commented on responses made during public comments placed in evidence during the December 13, 2005, meeting. Staff recommended that the Planning Commission recommend the following to the City Council: Certification of the Draft Environmental Impact Report (SCH#2003052202) and Mitigation Monitoring Program; approval of Tentative Tract Map No. 53430; Zone Change No. 2005-03; Conditional Use Permit No. 2002-01; Variance No. 2005-03; Tree Permit No. 2005-10, A-t"A�rxrizl lq JANUARY 10, 2006 PAGE 3 PLANNING COMMISSION Statement of Overriding Consideration, Findings of Fact, and conditions of approval as listed within the Resolutions. John Bostick, applicant, stated that he has continued to meet with the adjacent landowners and respond to their concerns. In the spirit of taking public input very seriously Millennium Enterprises spent considerable time and effort to come up with a design to lower Alamo Heights Road and respect the approval forthe JerryYeh property. He said he believed Dr. Wu's proposal was not the best solution and that Millennium had been able to show that the lowering of Alamo Heights would most likely create more and not less of an impact. In short, the applicant has responded to the direction of the Planning Commission by responding to the adjacent landowners and lowered the wall height to a maximum height of 15 feet. Mr. Bostick assured the Commissioners that the applicant would continue to work with the adjacent landowners and staff to arrive at the best solution for the construction of Alamo Heights Road. VC/Low said she appreciated Mr. Bostick's consideration for the project and his attention to the concern of the adjacent landowners. She asked for clarification of Mr. Bostick's comments regarding the increased impact to lowering the road. Mr. Bostick said that because of the conditions of approval for Mr. Yeh's property, lowering the road puts a 10 -foot retaining wall adjacent to the street. Tonight's request for approval is for no walls over 15 - feet high. In the area there is only eight feet to mitigate the wall with tree plantings. As he explained to the landowners, he believed the better plan was to have the wall on the property owners' side, that he would be able to provide better mitigation and that the end result would be a better product that was less visible and properly mitigated. VC/Low asked if Mr. Bostick had addressed the cost of building and maintaining the walls and the matter of liability with the landowners. Mr. Bostick stated that he explained to the landowners that the project included conditions requiring the creation of a homeowner's association with CC&Rs and a budget. The budget would have to cover the maintenance of on-site and off-site landscaping as well as walls built on and offsite. City staff and the DRE (State Department of Real Estate) review the budget. VC/Low asked if the applicant had offered financial incentives to the landowners in exchange for the grading easement. Mr. Bostick responded affirmatively and explained that during the January 5 meeting the residents were told that they would be compensated for providing easements in the form of a wall and landscaping. VC/Low asked what remedy Mr. Bostick JANUARY 10, 2006 PAGE 4 PLANNING COMMISSION would pursue in the event some landowners failed to grant the easement? Mr. Bostick explained that the road would not change. If a landowner refused to grant the easement the applicant would work with staff to accommodate that scenario. The ultimate goal was to minimize the number of walls. He said he felt certain that he could work with the individual homeowners to coordinate the plan. C/Torng asked how many homeowners had agreed to the easement and Mr. Bostick responded that one landowner had indicated full agreement and others were in limbo. C/Torng asked staff to respond as to the City's position. ICDD/Fong stated that with respect to Jerry Yeh's concern the condition was intended to seek the cooperation of adjacent residents. She offered that staff could meet with Mr. Yeh and discuss Condition 2 that intends to provide flexibility for the applicant to work with the residents to complete the extension of Alamo Heights. Mr. Bostick responded that Mr. Yeh was not opposed to the project until the applicant proposed to work through the concept of lowering Alamo Heights Road. Again, by attempting to lower Alamo Heights Road it calls for a wall that is difficult to mitigate and that was Mr. Yeh's concern as well as the applicant's concern. Mr. Yeh's letter was in response to his concern about the possibility of another wall being placed on his property. Mr. Bostick appealed to the Planning Commission to acknowledge staff's support of the project and stated that although he is at Tract approval and does not have the exact solution for Alamo Heights Road he has a set of conditions that staff has indicated would create a good project for the City of Diamond Bar. He asked for Commission approval that included a substantially reduced variance. C/Lee believed that Dr. Wu's concern about the possibility of the wall collapsing due to water retention was legitimate and asked Mr. Bostick to respond. Mr. Bostick explained that there was always a possibility and that the engineers had done everything possible to make this project as safe as possible. The technology for real estate land development has dramatically improved in recent years. He stated that retaining walls will be designed to meet the criteria set forth by the City. C/Lee felt Dr. Wu's concerns should be given credibility because Dr. Wu worked in this field. ICDD/Fong explained that retaining walls must meet the City's Code. The Building Department intends to plan check the construction thoroughly to assure that it meets code and is safe. Mr. Bostick explained that his opinion of Dr. Wu's concern was that all of the walls were signed and stamped by a state certified civil engineer who does the math and calculations to say that those walls will stand up and meet the criteria of the City. He said he could not testify as to Dr. Wu's credentials and did not know if he was a state certified civil JANUARY 10, 2006 PAGE 5 PLANNING COMMISSION engineer. If Dr. Wu is a state certified civil engineer the applicant would be pleased to provide him with the calculations. He assured C/Lee that staff's approval was for a structurally sound wall and believed that in accordance with code the applicant must rely on a state certified civil engineer to approve the project. C/Lee reiterated that Dr. Wu said that it was possible water could smear into the landfill and C/Lee said he wanted to know if that statement was accurate. Mr. Bostick explained that a drain channel is installed behind the retaining wall to relieve hydrostatic pressure. When retaining walls are built in today's marketplace a drainage channel must be provided. C/Lee said that Dr. Wu was concerned because he felt the retaining wall was too high. Charlie Liu, project engineer for applicant, said that it was true that in the past retaining walls had failed due to water build up behind and under the wall. He said he had been in business for 35 years and during that time engineers had learned from past problems. This project has a major fill and he and the soils engineer have worked together to provide a project that would meet the requirements set forth by the Code. Mr. Liu proceeded to described in detail as to how the retaining wall would be built. Chair/McManus explained that the Commission was charged with approving projects that were approved to code and that if C/Lee wanted to meet with the engineer on his own to get lessons on how to build retaining walls he could do so. ICDD/Fong explained staff's procedure for assuring the proper design of facilities to ensure safety. She further explained to C/Lee that if Dr. Wu was seeking assurance that the project was safe he should discuss the matter with staff and to date, Mr. Wu had not made any such inquiries. VC/Low felt C/Lee wanted to know how safe the wall would be and the engineer responded that based on industry standards and 35 years of experience the wall would be 99.99 percent safe because no one could guarantee ata level of 100 percent. In addition, he built a 35-footwall in San Francisco where there is more rainfall and there have been no incidents with the retaining wall in San Francisco. In addition, his license is on the line to make certain that the wall is built in a sound manner. VC/Low felt C/Lee wanted to know if staff had determined how underground water would affect massive earth movement in the project area. Tom Smith responded yes. Contained in the Environmental Report and backup studies &Nt- 14—.2 Z JANUARY 10, 2006 PAGE 6 PLANNING COMMISSION the City required the applicant's civil engineer to conduct a hydrology study to determine the existing runoff conditions from the site prior to development as well as runoff conditions post development. Generally speaking, ground water is not near the surface in hillside areas. The EIR speaks to regional water basins and the nearest major ground water basin with an aquifer is near the SR605 and SR60. Generally, local areas of perched ground water and local aquifers exist in the canyon bottoms. The on-site subsurface borings did not detect any ground water. The geologist did note that in the canyon bottom, because of all of the vegetation, there was no opportunity to do borings and was unable to determine whether there would be a perched groundwater condition. When the time comes to do the detailed grading design and during grading the City inspectors will be on-site daily to inspect the grading and related conditions. If perched water conditions arise the City will require engineering solutions as the fill is placed. VC/Low asked if these procedures were set forth in the draft resolution. ICDD/Fong responded that that procedure was part of the environmental mitigation referred to as part of the environmental condition. Chair/McManus asked if staff was working with Mr. Yeh to resolve his concerns. ICDD/Fong said she believed so and whetherthe wall was located on Mr. Yeh's side of the street would be determined during the final design phase for Alamo Heights. Chair/McManus reopened the public hearing. David Leong, 22372 Kicking Horse Drive, said he and his wife appreciated the Millennium representatives meeting with the homeowners. However, contrary to Mr. Bostick's statement, Mr. Leong said his understanding was that there was no agreement with the project. He said that on January 7° 2006, Charlie Lui stated that the modified plan provided that no walls would be greater than 10 -feet tall. And yet tonight he heard Mr. Bostick asked for approval of a variance forwalls to a maximum of 15 feet. Another example of conflicting information was when VC/Low asked Mr. Bostick whether the developer had offered incentive or compensation to make it more palatable for homeowners to cooperate with this project and Mr. Bostick responded affirmatively. Mr. Leong said that he took from the December 5, 2005, meeting that Mr. Bostick categorically stated "no compensation." At the same time during a simultaneous meeting in a language that was not English those homeowners were given the impression that there would be financial compensation. Until the December 13, 2005, Planning Commission meeting neither the City nor the consultants acknowledged the existence of a creek running along his property. He said he had questioned Mr. Bostick about the A17AV*1tF9r)¢-a3 JANUARY 40, 2006 PAGE 7 PLANNING COMMISSION responsibility of maintaining the slope along the wall and the liability issues to the homeowners since the structures would lie on the homeowners' properties. To date he had not received any assurance to his satisfaction. It was presented to him that "The Country Estates" Homeowners Association would assume responsibility and liability for maintaining the structures. Yet, the homeowners association has indicated there has been no such agreement. Mr. Bostick indicated that it could be a separate homeowners association and how could Kicking Horse homeowners and Millennium enter into a binding agreement for a homeowners' association that was not yet in existence. He said he appreciated C/Lee's questions because the homeowners' have safety concerns and because there are so many unanswered questions, the homeowners have not been able to reach an agreement with Millennium. Paul Akin, 22505 Lazy Meadow Drive, said he was concerned about annexation of this property into "The Country Estates." He recommended that the developer meet with "The Country Estates" Homeowners Association and move forward with annexation as a single owner rather than wait until 48 homeowners were involved. ICDD/Fong said that a Condition of Approval requires the applicant to negotiate with "The Country Estates" for annexation of the property. Hofu Wu, 22368 Kicking Horse Drive, felt the design detail of the retaining wall was correct. The City ordinance requires a maximum height of six feet and felt that the engineering for a six-foot wall would be fairly easy to attain. In his opinion, when a wall exceeded a certain height no one could guarantee its success rate. He said he was also concerned about water in the canyon and how the water would affect the proposed fill. He wanted to know why the homeowners were being asked to favor the easement when there were no concessions provided by the developer. He felt his recommendations were much better for the project because the retaining wall would be set on solid existing ground instead of fill. Using the drawings he commented the red lines indicated that the pad sizes for the 48 proposed homes exceeded the 33 percent lot coverage. He said he was not against the development but he was against the way the developer was proposing to fill the canyon that in his opinion was against the flow of nature's forces. He also favored an agreement between "The Country Estates" Homeowners' Association and the developer. tlx4cwr ��-a� JANUARY 10, 2006 PAGE 8 PLANNING COMMISSION Chair/McManus asked if Mr. Wu met with staff to discuss his concerns. Mr. Wu said that he had not because he felt that Millennium would address his concerns this evening. Kyoung Yi, 22376 Kicking Horse Drive, said she shared the concerns about the negative impacts that would be generated by this development as presented by Professor Wu on December 13 and this evening. She does not like the construction of a high wall, the cutting of old oak trees and loss of the creek on her property not to mention the noise, dust and loss of privacy in her backyard during construction. The homeowners met with Millennium and no agreement was reached and further negotiations are necessary to reach an agreement that is mutually satisfactory. Mr. Bostick agreed that there was no formal agreement with Mr. Leong and was merely expressing that current conditions on the Tentative Map were more restrictive than those contained within the original project based on public input. The other language spoken during the meeting was Korean. Millennium's President is fluent in Korean and a couple of the homeowners indicated they were more comfortable discussing the matter in Korean. With respect to the wall height Millennium proposed a 10 -foot high wall plan for study only and Mr. Bostick again stated that he did not believe it was a good plan. Mr. Bostick clarified that he did not believe there would be any compensation for existing easements but that there was a possibility of compensation for additional easements. With respect to acknowledging a creek along the property, the flow line of the creek is shown on all of the Tentative Map submittals. The water and drainage concerns are covered in the Drainage and Hydrology report and the creek is also discussed in the EIR. Mr. Bostick clarified that the developer's intent was to annex into "The Country Estates" Homeowners' Association. Annexation requires a vote of the HOA members and that has not yet been done nor could he guarantee the vote outcome. As earlier stated by ICDDIFong, the project approval contains a condition requiring that the developer negotiate with "The Country Estates" for annexation into their HOA. Millennium has met with HOA President Steve Solis and committed to meet with the Crystal Ridge Homeowners Association on January 23. Homeowners are bound by an HOA and its CC&R's to maintain landscaping and retaining walls and he must have a plan and approved project before he can put together a budget and assemble a HOA. Mr. Bostick assured the Commission that if he received their approval for the project he would continue to work with Mr. Leong on the issues he raised. rAc N7- /'Y -a5 JANUARY 10, 2006 PAGE 9 PLANNING COMMISSION With respect to Mr. Akin's concern about annexation staff had conditioned the project accordingly. Mr. Bostick responded to Dr. Wu's comment that walls higher than six feet are not safe and that there are many walls that exceed six feet. For example, walls at the Target location exceed six feet in height and whetherthese types of walls are located behind a commercial project or a residential project they must be rendered safe. The project has limitations on how much drilling and exploratory research can be done without a Tentative Map approval such as the one being sought from the Commission this evening. Once an approval is achieved Millennium would be able to go into the areas to determine the feasibility of the proposal. Diamond Bar has an excellent soils engineer that would oversee the drilling and he believed that the project area boasted no unique features that had not already been developed in other ridgelines within "The Country Estates." With respect to pad heights, they remain the same but the proposal previously set forth lowered the road. The slope easement was not recommended for the development side because all of the area of the project with the exception of the pad areas has slope. He was mystified by Dr. Wu's assertion that the pad areas did not meet the required percentage. In fact, the pad areas meet the requirements and design of the City and its codes. If not, there would have been no hearing in December. Mr. Wu mentioned that he was opposed to filling the canyon and Mr. Bostick said he understood and appreciated Mr. Wu's concerns but in fact, the highest and best use of the property as called out in the City's approved General Plan was "one unit per acre development" and this project was actually at .6 units per acre which is a 40 -percent reduction below the General Plan requirement. This requires a fill of the canyon similar to projects adjacent to and in the area of this project. VC/Low asked for further explanation of the existing road easement from the Kicking Horse properties. Mr. Bostick stated that at the maximum an additional 50 feet would be required to eliminate all retaining walls. If Millennium could acquire an additional 15 feet for example, it would reduce the height of the retaining walls. The reason Millennium would not place retaining walls on the project side of Alamo Heights Road is because they would be more difficult to mitigate with only eight feet between the right-of- way and the asphalt. On the Kicking Horse side there is 50 feet within which to mitigate a wall. He explained the options and what he felt was the best solution. Mr. Bostick confirmed to VC/Low that if Millennium were unsuccessful in obtaining the additional easement from the Kicking Horse Drive homeowners the project would require a maximum 15 foot height for the retaining walls. JANUARY 10, 2006 PAGE 10 PLANNING COMMISSION Mr. Bostick responded to Chair/McManus that he was comfortable with the conditions of approval at this stage of the process. Mr. Bostick reiterated that the applicant has worked diligently with staff to provide a good project and he asked the Commission to believe that staff has presented the best possible project for approval. VC/Low asked what input the City had to the conditions of the CC&R's. ICDD/Fong responded that the City Attorney would respond to the proposed CC&R's and the CC&R's would reflect the conditions imposed upon the tract. Ultimately, the CC&R's are approved by the City Council. VC/Low asked if the developer's statements were binding to the project. ICDD/Fong stated that there was no condition binding the developer to pay compensation for the easement and in fact that matter was outside of the City's purview. ICDDIFong said she believed that the wall would vary from seven feet to 15 feet at its highest point if walls were needed within the existing 40 -foot easement. The variance is required to meet the maximum height needed. There is a condition requiring the applicant to negotiate with "The Country Estates" Homeowners' Association for annexation. In addition, the project must form another association so that ultimately the 48 homes would have two associations as reflected in the CC&R's. TCDD/Fong agreed with Chair/McManus that the 48 homeowners would have their own association for purposes of liability and maintenance of common areas whether or not they were annexed into "The Country Estates" Homeowners' Association. Bill Liu, President, Crystal Ridge Association, disagreed with ICDDIFong. Crystal Ridge is a separate association even though it pays money to "The Country Estates" Homeowners' Association for limited security and gate enforcement. ICDDIFong responded that in fact, Crystal Ridge was not annexed into "The Country Estates." The Millennium project requires that Millennium negotiate with "The Country Estates" for annexation. In addition, Millennium must form its separate association for maintenance of common areas. ACA/Cotti explained that the project was conditioned that it form its own association as well as conditioned to require Millennium to negotiate in good faith to annex into "The Country Estates" Homeowners' Association. Should that not occur, there would be an association in place that was fully funded as per the state DRE requirements to assure the ongoing maintenance of common areas. A-M!7av-� 11 +7- /4--R7 JANUARY 10, 2006 PAGE 11 PLANNING COMMISSION Mr. Aiken agreed to a certain point. He said that if the project were annexed into "The Country Estates" Homeowners Association there would be no need for them to have a separate association. Chair/McManus explained that the City could not require the project to be annexed into "The Country Estates." ACA/Cotti responded to VC/Low that to the extent that the conditions were negotiated in good faith toward annexation it would not further bind the developer. All that the developer was required to do was to make a good faith attempt to negotiate and there was no requirement that those conditions be finalized. ICCD/Fong responded to Chair/McManus that staff had imposed a considerable number of conditions on the project for the good of the City. Mr. Leong said that it was incorrectly implied that the homeowners had accepted the 10 -foot wall. If the Commissioners approve the proposed plan it would put the homeowners in a difficult situation of having to choose between a 15 -foot high wall and an easement. Chair/McManus said that negotiations were still open. Mr. Leong felt that there should be a memorandum of understanding of annexation before the homeowners could make a decision because the homeowners might be in a position of having to maintain the wall. Chair/McManus asked if Mr. Leong understood that if there was no successful negotiation a separate and binding homeowners association would be established that would be responsible for maintaining the wall. Mr. Leong asked if that was binding and ICDD/Fong responded that it was. ACA/Cotti responded to Mr. Leong that he could not respond to Mr Leong's statement that he could state there would be no possibility that the homeowners could be left "holding the bag" and in all likelihood the homeowners would have to take that into consideration during the negotiations for granting of the easement. C/Torng asked Mr. Leong if the residents could come together to reach a decision. Mr. Leong said that the real process of the developer explaining and disclosing took place after the December 13 Commission meeting and A-r7�?cl-1 clrwr i41—z8' JANUARY 10, 2006 PAGE 12 PLANNING COMMISSION he felt it was necessary for the homeowners and Millennium to continue negotiating so that the homeowners would not be left "holding the bag." ICDD/Fong responded to C/Torng that staff held a meeting in August for the homeowners. C/Leong reiterated that during the meetings prior to December 13, there was no advice to the homeowners as to their rights and there was no full disclosure of possible problems such as liability, etc. C/Torng said he participated in a hearing for South Point West and the detailed plan was submitted at that time. He believed that about 30 homeowners participated in that meeting. According to the City's code of procedure it must invite residents to participate in such hearings prior to the matter coming before the Planning Commission. C/Leong said that in his opinion, much more information came to light after the December 13 Planning Commission meeting. Some homeowners may have believed they agreed and might have done so because of a misunderstanding of the facts presented. He said that some of his neighbors believed they had no choice but to agree to a 26 -foot wall or an easement with no alternative. He felt it was incumbent upon Millennium to continue talking with the homeowners before they were stuck in an adverse situation. ICDDIFong stated that a 40 -foot easement already exists and Millennium could grade and build the walls within the 40 -foot easement. The only question before the Planning Commission was how high Millennium could build the walls. The first time, Millennium proposed walls up to 26 feet high. Since the Commission's recommendation for the applicant to work with the adjacent property owners Mr. Bostick decided that if he had to work within the 40 foot easement he would be able to build two walls with the wall on one side of the street being five feet and the wall on other side being 10 to 15 feet. C/Leong asked if it was correct that if Millennium wanted an additional 50 - foot easement they would have to negotiate with the homeowners and ICDD/Fong responded "correct." C/Leong said the homeowners were told that the applicant would not have to negotiate because they already had a total of 90 feet for the easement. ICDD/Fong said she did not believe Mr. Leong was correct. Mr. Leong felt that staff needed to provide the homeowners with accurate information because Millennium told the homeowners they had no choice but to grant the 90 -foot easement. ICDDIFong recalled that at the last neighborhood meeting staff attended it was made clear that there was an existing 40 -foot easement and that Millennium was asking for a 50 -foot easement. A1`rAC44ArE,uT �- �9 JANUARY 10, 2006 PAGE 13 PLANNING COMMISSION Chair/McManus advised Mr. Leong that this was a request for a tentative approval, not a final approval and in order for Millennium to move forward they needed a tentative approval to proceed with certain items that they had to complete. Staff has repeatedly and categorically stated that there is room for negotiation between the homeowners, Mr. Yeh and Millennium. Mr. Leong believed the homeowners were asking that because the homeowners were not provided accurate information and he felt that the Commission should grant additional time for Millennium to talk with the homeowners because once approved, the homeowners would be between a rock and a hard place. Chair/McManus asked Mr. Leong if he understood that this was not a final approval and that there were a lot of additional hoops that Millennium had to jump through before receiving final approval and that the project has already been continued for one month. Mr. Bostick said that at the very first meeting in May at the HOA, the HOA's legal counsel was present and explained that the easements were existing on all of these properties according to the current recorded tract map for the lots on Kicking Horse Drive. From the centerline of the street there is 40 feet for the street and a 50 -foot slope easement resulting in a total of 90 feet of easement on all of the heights to build Alamo Heights Road, a fact that has never been in dispute. He felt he had made every good effort to explain the situation and work with the homeowners in good faith for several months. Mr. Bostick further stated that the developer has another 9 to 12 months of preliminary engineering and design work before one scoop of dirt could be moved and during that time the applicant will continue to work with staff and the homeowners in good faith. The easements are in place and are not in dispute. Chair/McManus invited Mr. Wu to contact the City with his concerns and assured Mr. Wu that the City would not be contacting him for his expertise. Chair/McManus closed the public hearing. VC/Low detailed the review process and said that it seemed to her that Millennium had made considerable effort and progress toward discussing and resolving various issues with concerned citizens as directed by the Planning Commission on December 13. Therefore, it appeared there would be no benefit to further continuance of this matter as suggested by some of the comments. The applicant has a right to the use and development of his land according to code and the City cannot deny that right. The easement ,4WA- - RWf5Ay-r l q-aD JANUARY 10, 2006 PAGE 14 PLANNING COMMISSION currently exists and the applicant is entitled to build in the easement area. The question is whether the Commission wants to grant a variance allowing a wall to be constructed up to a maximum height of 15 feet and the City has allowed construction of such walls in the past. VC/Low moved, C/Lee seconded, to recommend the following to City Council: Certification of the Draft Environmental Impact Report (SCH#2003052202) and Mitigation Monitoring Program; approval of Tentative Tract Map No. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance 2005-03 and Tree Permit No. 2005-10, Statement of overriding Consideration, Findings of Fact, and conditions of approval as listed within the Resolutions including additional conditions provided by staff today. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Low, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 8. PUBLIC HEARINGS: 8.1 Conditional Use Permit No. 2005-04 and Development Review No. 2005-23 — In accordance with Code Sections 22.42, 22.58 and 22.48, this was a request to install a wireless telecommunications facility with antennas mounted on the roof -top concealed by the facade and mansard roof and equipment cabinets in a retail suite. The Development Review related to architectural/design review forthe replacement of faux stucco and roofing materials. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 1155 Diamond Bar Boulevard Diamond Bar, CA 91765 Diamond Bar Town Center, LLC Pacific West Asset Management 3191-D Airport Loop Drive Costa Mesa, CA 92626 Chair/McManus recused himself and left the dais. 4err` )4 ANY- 14 -- 31 JANUARY 10, 2006 PAGE 15 PLANNING COMMISSION DSA/Smith presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2005-04 and Development Review No. 2005-23, Findings of Fact, and conditions of approval as listed within the Resolution. Danielle Brandenburg, representing Cingular Wireless, MMI Titan, responded to C/Torng that this project would improve the wireless phone reception in Diamond Bar. She responded to VC/Low that she concurred with staff's recommendations and conditions of approval. VC/Low opened the public hearing. There was no one present who wished to speak on this matter. C/Torng moved, C/Lee seconded, to approve Conditional Use Permit No. 2005-04 and Development Review No. 2005-23, Findings of Fact, and conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chair/McManus returned to the dais. Torng, Lee, VC/Low None Chair/McManus Nolan 9. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng felt that concerned residents should participate more fully in the projects that come before the City. He believed that the applicant would work with the residents to come to a satisfactory resolution of their concerns and wished Millennium a good project. C/Lee said he expected Millennium to follow through with their promises to the residents and thanked them for their patience. VC/Low echoed C/Lee's comments and thanked staff for working hard with the applicant to bring together a good project. She thanked Millennium for their last minute improvements and wished them good luck in winning over the homeowners and moving forward with a good project. A17AC*i 4F, -J r ��—�v JANUARY 10, 2006 PAGE 16 PLANNING COMMISSION Chair/McManus wished everyone a Happy New Year and congratulated Millennium on moving their project through the Planning Commission. He asked Commissioners to get a copy of Roberts Rules of Order to refresh themselves on meeting conduct. Before coming on the Planning Commission he spent the better part of a day going through orientation and reviewing the responsibilities of Planning Commissioners and recommended that for those that had not done so it would be especially useful for them to take the time to review Planning Commission and Commissioner's procedures and responsibilities. 10. STAFF COMMENTS AND INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. ICDD/Fong said she had not forgotten about Form Based Code and Art in Public Places. Staff intends to present information in the near future so that the Commission can discuss the matter and forward its recommendation to the City Council. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 9:40 p.m. Attest: Joe McManus, Chairman Respectfully Submitted, Nancy Fong Interim Community Development Director ter 14--B3 City of Diamond Bar Community and Development Planning Division 21825 Copley Drive Diamond Bar, CA 91765 Attention: Planning Commissioner Via Hand Delivery Gentlemen: 17 '? ,r l -Y ?LJK7 DEC 13 ^. 53J Subject: Tentative Tract May No. 53430 Zone Change No. 2005-03 Conditional Use Permit No. 2002-01 Variance No. 2005-03 Tree Permit No. 2005-10 December 13, 2005 I am the property owner and live on 2605 Blaze Trail, within 1000 feet of the proposed subject development of 48 single-family residential lots. I was unaware of a draft EIR Report (SCH#2003052202) for review and have not reviewed it for its scope, findings, conclusions, or recommendations. I am objecting and will oppose vigorously the size and scope of the proposed project from its negative environmental, engineering, and economical impacts anticipated. My objections are based on these issues: The site is environmentally very sensitive as a habitat for wild lives. It is also a key wild life migration corridor for deer's and other wild lives. The recent development of about a dozen nearby homes with mass earth grading on Horizon Lane and Canyon View Drive already led to a dwindling of the population of deer's, rabbits, coyotes, foxes, etc, as evident by much rarer sightings. The prominent landforrns much be preserved or else mass grading will be hugely detrimental to wildlife habitat and migration corridor conservations. 2. Incremental traffic flow during and beyond construction will be damaging to the surrounding vicinities, particularly on Diamond Bar Blvd, Grand Avenue, and Blaze Trail. The proposed site lies within the naturally cordoned and gated community called The Country. The Country has an estimate of about seven hundred homes, and it can only be accessed through two guard gates on Shadow Canyon Road and Shotgun Lane. An addition of the proposed 48 homes will increase the numbers of homes through The Country by close to 10%. With the limitation of road space and manpower at the guard houses, traffic is already a nightmare during rush hours for visitors. Traffic is always backed up during these times onto Diamond Bar Blvd and Grand Ave, causing unsafe conditions for emergency if not just plain inconvenience. In addition, heavy construction AiTpekuAwr 1r /�f2 vehicles will definitely tear up the already fragile Blaze Trail or Rocky Trail which are both 2 -lane, thinly paved streets not provisioned nor designed to handle these vehicle loads. The site is on steep hillside and slope stability effects due mass grading is uncertain and a great concern. Nearby Shadow Canyon Road has already demonstrated serious geologic shortcomings with recent landslides and/or sloughing. What are the Static and Seismic Factors of Safety, as determined by a qualified California Geotechnical Engineer per the many proposed fill and cut slopes? 4. What are the fire safety and emergency vehicle access and evacuation effectiveness of those that live and will live in and near the vicinity of the site? There is potentially big liability for the City of Diamond Bar and the Homeowner Association of The Country if a preventable disaster cannot be controlled because of a negligence in this planning. 5. What are drainage, sewerage, and sub -drain plans? How will they affect the environment, if septic tanks are needed? 6. From Blaze Trail, many southwest -facing homes currently have an unhindered panoramic view of a very sparsely populated landscape. How much of home depreciation will be made to these homes, and who will pay compensations to these homeowners for their damages? In conclusion, the proposed project should not be granted permission by the City of Diamond Bar in its current scope. I urge the City to review this letter diligently and confirm its concerns. I can be reached at 909-860-8185 for any questions. Very truly yours, David Liu Registered Civil Engineer Registered Geotechnical Engineer A-t�&rpWr/6-z Letter to the Planning Commission December 19, 2005 To: Chair Joe McManus Vice Chair Ruth M. Low Commissioner Dan Nolan Commissioner Kwang Ho Lee Commissioner Tony Torng Ms. Nancy Fong, Manager, Planning Division RE.: Millennium Development of Tentative Tract 53430 Dear Members of the Planning Commission and Manager of the Planning Division: Page 1 We, the undersigned, are property owners on Kicking Horse Drive. Our properties are adjacent and contiguous to the proposed Tentative Tract Map 53430 of the Millennium Development. First, we would like to thank the committee for the action it took last Tuesday on December 13th. This letter is to further clarify and express our concerns and objection to the development at its current design stands. None of us have reached any type of agreement with the Millennium Development on any of their proposals, which encroach on our property and rights. There are three major issues that are summarized below: (1) The overall 45 feet deep additional landfill to raise the elevation of proposed Alamo Heights Drive from its current topography is absolutely unacceptable. The pad elevation of lots 13 to 16 should be lowered to the existing elevation with minor cut and f II for these lots. (2) The new Alamo Heights Drive should not be extended and filled beyond the existing map with an excessive landfill that eliminates the entire valley of waterway and wildlife. It would be best if the proposed properties are only accessible through Horizon Lane and Rocky Trail Road as shown in the existing maps. Should the Alamo Heights Drive be constructed, the road easement should be mutually agreed among all property owners and be subjected to the standards of roadway construction. The new roadway should be designed according to the rules of the Diamond Bar Country Estate and constructed equally on both sides of the road to preserve the existing waterway and wildlife. (3) The proposed retaining walls, if there are any, should not exceed the maximum height allowed (6 feet high from the existing ground surface) as specified by the city of Diamond Bar's zoning ordinance. All wildlife habitats inside our property should be protected. The developer should be responsible for any negative impact or destruction of wildlife on our property and shall restore and restitute the wildlife in addition to penalty compensation payable to the property owners. There has been no communication among us, the city staff, and the developer after the public hearing on Dec. 13"'. This proposed Tentative Tract Map 53430 should not be approved and should be tabled until the developer has obtained agreements from the contiguous property owners on their easement rights and the site design. Letter to the Planning Commission Page 2 Sincerely Yours, 2. 3. /-2 Signa a Date Yuan Liu 22354 Kicking Hose Drive, Diamond Bar, CA 91765 ,4 Signature Tim Chu 22360 Kicking Horse Drive, Diamond Bar, CA 91765 22368 Kicking Horse Drive, Diamond Bar, CA 91765 4. Signature David Leona 22372 Kicking Horse Drive, Diamond Bar, CA 91765 Date /zn�; — — 01r- Date /.2, iY _ 0_.:a Date 5. '"signature Date 22376 Kicking Hor Drive, Diamond Bar, CA 91765 6. Signator���—�/ Date r 6L We 22380 Kicking Morse Drive, Diamond 13ar, CA 91765 477AC41"P-A. T Ifo —1 JAN -19-06 16:26 FROM- T-746 P 01/04 F-411 3731 Wilshire Blvd., Suite 85o Los Angeles, CA 90010 Phone 213 3$9-9748 Fax 213 389-6107 To: Nancy Fong & Ann Lungu Fwc 909 861-3117 phom M Diamond Bar Project Millennium -Diamond Road Partners,, LLC From: John Bostick Pages: 4, including this page Date: January 19, 2006 ©Urgent C1For Review ❑Plcase Comment ❑Please Reply QF.Y.1. Nancy & Ann, Attached is a copy of the letter we sent to Choel Chung today after our meeting with Mr. Chung and some of the other home owners along Kicking Horse Drive last night Things did not go as we had hoped. We will continue to follow up with them. Thank you, Millennium -Pacific Icon Group, LLC John Bostick, Project Manager CADonmmarns sed SaUtnouLlohnNy Dmniont:ADiamond SLAFaxManey Rng fafedm A-rrA-C_,i4"ONN T ! r7-! JAN -19-06 16:26 FROM- T-748 P.02/04 F-411 MilIennium-Diamond Road Partners, LLC 3731 Wilshire Blvd., Suite $50 Los Angeles, CA 90410 January 19, 2006 Choel Chung 22380 Kicking Horse Drive Diamond Bar, CA 91765 Re: Meeting to Discuss Additional Grading Easements Mr. Chung, We ane writing you this letter as a summary of our understanding of the discussion. we had last night at Mr. Zhu's residence. If there is any nustuYderstanding in this letter Please write us to let us know. It is our understanding you are the representative of the land owners and will distribute this to all concerned. The following is our understanding of the main points brought out during the meeting and our current understanding of the position of you and the other homeowners, You found our proposal of $5,000 to $19,000 per homeowner was completely unacceptable. We had based the amount on the square foot area of the requested additional easement and the difference in cost between installing the walls and using the slope / landscaping. Not only was the offer insulting and low but you would prefer everyone receive the same compensation. You stated our proposal was ridiculously low because our project was a $2 billion dollar project. Therefore, we should be able to pay each of the homeowners $1 million, or $8 million in total, for the additional easements and cooperation on the project, We explained the project was not worth anywhere near that amount. After some discussion we understood you and the other owners would be willing to accept $0.5 million each, or a total of $4 million. The land owners feel that our project will reduce the value of their lots and they should be compensated for the value lost in their property based on our development. We expressed that we believed we have the right to develop our property to the highest acid best use under the General Plan of the City of Diamond Bar. Also, there is no historical evidence that property values in The Country are reduced when the adjacent land is developed. A-17ACO 44 EN 7" 1-7 - Z JAN -19-06 16 :26 FROM- T-748 P.03104 F-411 Tlae Owners felt sine they had come down by 50% froom, their original number we needed to counter that offer. We said we did not want to be insulting and felt we are both too far apart. Upon your request, we said if all parties agree to the same terms and use One lawyer we could go up 20% to 25% on our offer and we could add $5,000 for your legal fees to review the easement documents, You said you all have met with an attorney and discussed delaying or stopping our project. Based on that meeting, you feel we meed to consider the interest cost associated with this delay in the project if you all bring a lawsuit against our development. This consideration should allow us to pay more for the easements. We feel it is not in good faith to leverage the cost of a potential lawsuit against the project to drive up the price of an easement. We expressed we want to do everything we can to avoid a lawsuit but we could not meet the expectation of $0.5 million per owner. We agreed with you that we were too fax apart to continue the negotiation at this time. We said we would be available at any time to discuss the project with any of the land owners or with you as a representative of the land owners. It is our sincere hope that we can come to an agreement and build Alamo Heights Road with slopes instead of walls. We hope you and the others will reconsider the demands and we can come to a reasonable solution. As we have been in the past, we are available at anytime to discuss the project. Sincerely, Road Partners, LLC Project Manager cc: Ann Longa, City of Diatuond Sar ff HENT 17 -3 Appeal on Tentative Track Map 53430 January 19, 2006 To: City Clerk, City of Diamond Bar Ms. Nancy Fong, Manager, Planning Division n rid: �,rr 7C�S '720 h , RE: Appeal on the Planning Commission's recommendations of Tentative Tract Map 53430 To Whom It May Concern: Page 1 We, the undersigned homeowners on Kicking Horse Drive, Diamond Bar, hereby file an appeal to the city council on the Planning Commission's recommendation of Tentative Track map 53430 on January 1&, 2006. Yesterday when we requested an Appeal Form, the city staff said there was no Appeal Form. Hence we are filing the appeal in the form of this letter. We also requested for the Planning Commission's minutes and the exact wording of the Commission's recommendation, but the planning staff was unable to provide us any copy or draft of the document. Thus we would not be able to point out the exact wording in the recommendation. We did attend the entire planning commission's hearing on Tuesday, January 1&, 2006, and would like to appeal the decision rendered by the commission. Following are concerns and issues for this appeal: (1) Permission to construct retaining walls of extreme height (26 feet) that exceed the permitted standard height (6 feet) of the city's code is unacceptable. After the Planning Commission decided continuance of this proposal on December 13,' 2005, the developer made slight changes of the wall height, but the final recommendation of the commission still reverted back to the original unacceptable and dangerous wall height. (2) The proposed tentative map demands the use of 50 feet slope easement beyond the 40 feet street easement on our side of the street. Because of the hillside condition, this slope easement to the County of Los Angeles is recorded on both sides of the proposed street. According to the Parcel Map No. 1528 on Book 26 Page 27, there is a 200 feet slope easement (including 40 feet street easement) on the developer's side of the street. Not only the developer does not submit their slope easement for the construction of street, the developer packs additional landfill to increase its pad area for building construction on the slope easement. (3) This proposed tentative track map will alter the current natural watershed and devastate the protected wildlife. Not only nearly 1000 of native California oaks and plants will be wiped out, a live creek that cuts through the existing canyon will also be buried. With over 2 million cubic yards of landfill dumped into the existing canyon and valley. This man-made artificial plain will have difficulty withstanding the natural forces of major rain storms or earthquakes. We have currently engaged several expert professional engineers to provide evaluations on the project. Their assessment on the design will be forthcoming. (4) At this point, the developer has not reached any agreement or consent on the use and access of our property for constructing the new street. With the Planning s-77-Anhwo,v r le -1 Appeal on Tentative Track Map 53430 Page 2 Commission's approval of the proposal, we the adjacent property owners will be forced to comply with this undesired bully on creating a significantly tall wall and our basic property owner's right will be trampled. In case we are forced to comply, all wildlife habitats inside our property should not be disturbed and should be protected. The developer shall Dear the responsibility of any negative impact or destruction of wildlife on our property and shall restore and restitute the wildlife in addition to penalty compensation payable to the affected property owners. (5) Though the tentative tract map refers to the EIR report done by BonTerra Consulting in late 2004, the current developer did not acquire the land until later part of 2004. Whether the ETR (dated October 2004) refers to the previous subdivision design or the current design is unclear. We have our doubt on the finding that the magnitude of wildlife being eliminated and the existing live creek being covered pose insignificant impact to the current environment. We have also contacted a national non-profit organization on environment to review the situation, and they will investigate this specific project promptly. With these five critical issues on the appeal, we would like to request that the proposed Tentative Tract Map 53430 be denied or be tabled until the developer has revised its design. The new design of the city's last piece of undeveloped nature should be sympathetic and friendly to the environment and the developer shall obtain consents from the contiguous property owners on the easement rights. Sincerely Yours, HOMEOWNERS l' Martha Lee 22354 Kicking Horse Drive Diamond Bar, CA 91765 v Ho*Kiing 22orse Drive Diamond Bar, CA 91765 Kyoung Mi Yi 22376 Kicking Horse Drive Diamond Bar, CA 91765 Tim Zhu 22360 Kicking Horse Drive Diamond Bar, CA 91765 David Leong L 22372 Kicking Horse Drive Diamond Bar, CA 91765 Choel Chung 22380 Kicking Horse Drive Diamond Bar, CA 91765 A-Pw # A4Epi 7' / 9P 1 3 "3�r�.�"'-.•ti.�.. ` � Y � .,. �T ICTETCTNG HOR5P DRIVE � AVL L r <f ' all,rt CALIFORNIA STATE POLYTECHNIC UNIVERSITY, POMONA Architecture College of Eiivirotmmntal Design February 20, 200E To: City Council City of Diamond Bar From: Gary L. McGavin, Al Associate Professor of Ar it ture Regarding: Concerns with Tentative Tract Map 53430 I have had the opportunity to review the subject tentative tract map and have the following concerns with its designs: ❑ Grading along "A" Street takes water to the south with a termination adjacent to Lot 44. The single collection point for water at the terminus of "A" Street places Lots 41, 42, 43 and 44 at risk for flooding should there occur any blockage of the single collection point or in the underground conduit between the collection point and the Storm Drain Outlet at Lot "A" since there is no other possible outlet. ❑ The below grade Storm Drain slope may be excessive for outfall velocities at Lot "A" which could cause excessive erosion in the undisturbed areas of land to the south of the proposed development. ❑ The proposed development is dumping water collected inside the proposed development and allowing it to drain into undeveloped land which could cause future damage including erosion and/or sediment deposition that could alter existing drainage patterns on the adjacent undeveloped land. ❑ The proposed retaining wall along Alamo Height across (West) from Lots 5, 13, 14, 15 and 16 are quite high and places undue liability on the existing property owners outside of the proposed development. ❑ The excessive grading including massive cut and fill will alter the natural landscape to a point that future subsidence could occur due to the nature of the geology in the vicinity of the proposed tract map. Construction on dipping strata often causes downhill movement of buried strata as it is overloaded if not properly designed. The proposed tract map does not appear to address the existing natural dip slope strata that will be disturbed by the proposed tract. ❑ There is no indication on the proposed tract map for dewatering of natural soils/strata other than surface drainage. The proposed altering of subsurface features such as water charged sediments, sloping strata, etc., could adversely impact the newly placed massive fills. © The proposed development will alter (bury) a stream wetland that, while not completely natural, is nonetheless a wetland and to some degree natural. 31301 West Temple Avenue, Pemcna, CA 91768 Telephone (909) 869-2683 Fax (909) 969-4331 T H E C A 1. I F 0 R N I A S T A T E U N I V E R S I T Y Bakersfield, Otannel Islands Chico. Dominguez Hilts Fresno Fullerton, Hayward, Humboldt, Long Brach, Los Angels, Maritimr Academy, Monterey Bay, Northridge, Pomona, Sacramento, San Bernardino, San Diego, San Francisco, San lose, San Luis Obispo, San Marron, Sonoma, Stanuiaus Agenda # 8 , z Meeting Date: Februaa 21 2006 CITY COUNCIL '�'� �..�.� /� AGENDA REPORT TO: Honorable Mayor and Members of -the City Council VIA: Linda C. Lowry, City Managgr I NOc TITLE: Consideration of Adopting Resolution No. 2005 -XX, Establishing Salary Ranges for All Classes of Employment Effective February 21, 2006; Rescinding Resolution No. 2005- 58 in its Entirety in Order to Implement Salary Adjustments for Various Full-time Positions and Title Changes for Various Part-time Positions; and Appropriation of $57,250 of General Fund Reserves to Fund Pay Adjustments RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2006 -XX establishing job salary schedules for City job classifications to be effective on February 21, 2006. FINANCIAL IMPACT: $57,250 from the General Fund of the 2005106 Fiscal Year budget is requested to fund salary adjustments as recommended. All costs indicated in this recommendation include fringe benefit costs. There are no financial impacts associated with the title changes for the part-time maintenance positions and two promotions within the Community Services Department. The annual financial impact of the recommended changes is $169,150. BACKGROUND: A classification plan has been established within the personnel system. The plan consists of classes of positions in the City service defined by class specifications; including title, definition of the position, supervision received and exercised, a description of the duties and responsibilities of positions in each class, and the training, experience, and other qualifications to be required of applicants for positions in each class. The classification plan is maintained so that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class and allocated to the same schedules of compensation. DISCUSSION: The vacancy created by the employment separation of one of the Assistant City Managers has created an opportunity for City management to review City operations and improve operational efficiency and redistribution of work and responsibilities. In addition, recruitments over the past three years have indicated that the City salary structure is below market in the higher level positions. This review has resulted in a number of recommendations for personnel and salary modifications as well as the addition of a new salary schedule (Schedule C) to the Compensation Plan for mid - management classification positions. Recommendations are made for employee promotions, market adjustments for various positions, and in two cases (City Clerk and Public Works Services Manager) a promotion to a new position and a position market adjustment. Definitions: Promotions: A promotion is the movement of an employee from one classification to another classification having a higher maximum rate of pay and different job duties from the previous class. Market Adjustment: A market adjustment recommendation is made based on a salary survey of the four labor market cities that were recently used in the Assistant City Manager compensation survey; the City of Chino Hills, the City of La Mirada, the City of Walnut, and the City of Yorba Linda. The primary objective of a salary survey is to provide a "picture" of wage practices in the labor market for comparable jobs. This tool is useful for determining the compensation for positions in a consistent, equitable, defensible, and competitive manner. Each of the recommendations is discussed in detail below: Promotions City Cleric Since April 2004 the duties of the City Clerk have been assumed by the Executive Assistant and the Assistant City Manager. It is recommended that funding from the General Fund in the amount of $2,050 for the position of City Clerk at salary range 2571 be appropriated so that the Executive Assistant may be promoted to the position of City Clerk. Additionally, it is recommended that the classification of the position of City Clerk be adjusted from Range 1987 to Range 2571 in order to more closely align with the labor market and still remain within 5% of the average. The annual cost for this promotion and market adjustment is $4,900. The employee's actual annual salary will move from $62,404 to $66,424 and be included in the newly created Schedule C for Division Managers. Public Works Services Manager The recent reorganization of the Public Works Department identifies the necessity of a Public Works Services Manager. This newly created position will be filled with the promotion of the Senior Management Analyst currently assigned to the Public Works Department. The incumbent will assume increased responsibilities such as, pursuing alternative sources of funding for various Public Works projects, the development of Sewer System Management Plans, and assessing the need for a Storm Drain Master Plan, as well as other projects. It is recommended that positions with division management responsibilities be grouped in the newly created Schedule C. It is recommended that funding be appropriated in the amount of $1,750 for the position of Public Works Services Manager at salary Range 2300 so that the Senior Management Analyst may be promoted to the position of Public Works Services Manager. The annual cost for this change is $4,100. The employee's actual annual salary will move from $66,925 to $70,283. Recreation Supervisor II The responsibilities of managing capital improvement projects (CIP) in the Community Services Department will be added to the existing duties of the Recreation Supervisor, The City has contracted with David Evans and Associates for project management services, with an average of $6,000 for the completion of each project. The annual savings to the City in project management services costs will more than off -set the salary increases for both the Recreation Supervisor II and Senior Administrative Assistant. The annual cost for this promotion is $5,150. The employee's actual annual salary will move from $48,890 to $54,040. No appropriation is required. Senior Administrative Assistant Assistance with CIP assignments as well as occasional project management assignments will be added to the existing duties of the Administrative Assistant in the Community Services Department. The promotion to Senior Administrative Assistant is recommended due to the increased duties. The annual cost for this promotion is $4,750. The employee's actual annual salary will move from $45,877 to $49,770. No appropriation is required. Accounting Technician The promotion of the Senior Account Clerk to Accounting Technician is recommended due the realignment of duties within the Finance Department. The Senior Account Clerk will be required to assume additional duties; such as business registration and account reconciliations, which are beyond the scope of the Senior Account Clerk duties. These duties require specialized expertise which the incumbent possesses. It is recommended that funding in the amount of $2,000 be appropriated so that the Senior Account Clerk may be promoted to the position of Accounting Technician. The annual cost for this change is $4,700. The employee's actual annual salary will move from $43,527 to $47,400. Public Works Maintenance Superintendent The recent reorganization of the Public Works Department necessitates the abolishment of the Public Works Supervisor position and the creation of the Public Works Maintenance Superintendent position. In addition to supervising contract staff and administering the street maintenance and services contracts, the Public Works Maintenance Superintendent will be responsible for the supervision of the Street Maintenance Worker II, updating maintenance operations and resources, and serving as the Public Works liaison for field activities. It is recommended that funding in the amount of $1,600 be appropriated so the Public Works Supervisor may be promoted to the position of Public Works Maintenance Superintendent. The annual cost for this change is $3,750. The employee's actual annual salary will move from $56,597 to $59,579. Associate Engineer The promotion of the Assistant Engineer to the position of Associate Engineer is recommended due to the realignment of engineering duties within the Public Works Department. The vacancy of the Senior Engineer position and the reassignment of projects to contractors and staff requires the Assistant Engineer to assume projects and responsibilities which are beyond the scope of the Assistant Engineer duties. These duties require specialized expertise which the employee to be promoted possesses. It is recommended that funding in the amount of $1,350 be appropriated so that the Assistant Engineer may be promoted to the position of Associate Engineer. The annual cost for this change is $3,150. The employee's actual annual salary will move from $51,335 to $53,907. Market Ad'ustments Senior Planner The market adjustment of the Senior Planner position from Range 1990 to the newly created Range 1993 is recommended in order to align the position with the labor market. This placement recommendation within the Compensation Plan is based on a survey of four cities in order to determine competitive positioning. This position is currently vacant and recent recruitments for this position have been very weak due to the low salary range compared to the market. This change will have no fiscal impact in the current fiscal year but will result in an increase of $4,200 next fiscal year. The current salary range for the Senior Planner is $55,191 - $73,960. The new salary range, if approved by Council is $57,730 - $77,364. Senior Engineer The market adjustment of the Senior Engineer position from Range 2319 to newly created Range 1999 is recommended in order to align the position with the labor market. This placement recommendation within the Compensation Plan is based on a survey of the aforementioned four cities in order to determine competitive positioning. This is another currently vacant position and the recruitments have been unacceptable due to the extremely low salary compared to comparable positions in other cities. This change will have no fiscal impact in the current fiscal year but will result in an increase of $21,300 in the next fiscal year. The current salary range for the Senior Engineer position is $59,905 - $80,279. The new salary range, if approved by Council is $72,890 - $97,680. Network/ GIS Engineer The "hybrid" position of Network/ GIS Engineer is not a common position in the information systems industry, in other public agencies, or in private entities. Typically, two positions are filled by specialists who are skilled in their respective disciplines. The position in Diamond Bar requires expertise in both network management and GIS; requiring increased technical competencies by the incumbent that must be maintained by continual professional development and the extensive application of specialized skills. It is recommended that the Network/ GIS Engineer position be adjusted from Range 1990 to the newly created Range 1998 and funding of $2,300 be allocated to fund the market adjustment for the balance of fiscal year 2005/06. The annual cost for this change is $5,400. The current salary range for the Network/GIS Engineer position is $55,191 - $73,961. The new salary range, if approved by Council is $61,511 - $82,430. Human Resources Manager Part of increasing the City's level of expertise in personnel administration requires the Human Resources function be identified as a managerial division within the City Manager Department. The current Human Resources Manager position should be grouped in the newly created Schedule C. It is recommended that the position of Human Resources Manager be adjusted from Range 1995 to Range 2300 and $2,550 be appropriated to fund the adjustment for the balance of fiscal year 2005/06. The annual cost for this change is $6,050. The current salary range for the Human Resources Manager is $51,340 - $68,801. The new salary range, if approved by Council is $63,749 - $85,430. Public Information Manager The Public Information Division is supervised by a division manager, the Public Information Manager. It is recommended that positions with division management responsibilities be grouped in the newly created Schedule C. It is recommended that the position of Public Information Manager be adjusted from Range 1995 to Range 2400 and $2,050 be appropriated to fund the adjustment for the balance of fiscal year 2005/06. The annual cost for this change is $4,850. The current salary range for the Public Information Manager is $59,579 - $79,841. The new salary range, if approved by Council is $65,685 - $88,025. Recreation Services Manager The Recreation Services Division within the Community Services Department is supervised by a division manager, the Recreation Superintendent. It is recommended that this position with division management responsibilities be included in the newly created Schedule C and the title be changed from Recreation Superintendent to Recreation Services Manager. It is recommended that the position of Recreation Superintendent or Recreation Services Manager be adjusted to Range 2400 and $1,900 be appropriated to fund the adjustment for the balance of fiscal year 2005/06. The annual cost for this change is $4,450. The current salary range for the Recreation Superintendent is $59,579 - $79,841. The new salary range for the Recreation Services Manager, if approved by Council is $65,685 - $88,025. Department Directors A survey of the four cities surveyed in November 2005 for the Assistant City Manager position identified that the City of Diamond Bar's Department Directors are compensated at an average of 21 % below the labor market. It is recommended that Range 2985 be adjusted by a 15% increase in order to more closely align the positions within the labor market. In this case the recommended adjustment is 5.4% below the average. It is recommended that $37,250 be allocated to adjust the compensation of the positions of Community Development Director, Community Services Director, Finance Director, Information Systems Director, and Public Works Director/ City Engineer for the balance of fiscal year 2005/06. The current salary range for Department Directors is $77,126.30 - $103,356.62 — The new salary range, if approved by Council is $88,695 - $118,860. The annual cost for this change for the 5 Department Director positions is $92,400. Assistant City Manager Last year the Council approved a two -phased increase for the Assistant City Manager with the second phase to be implemented on April 1, 2006. Due to the proposed realignment of the Department Director positions, it is recommended that the April 1, 2006 increase for the Assistant City Manager be effective immediately in order to maintain a greater than 10% compensation differential between the Department Director compensation (Range 2985) and the Assistant City Manager compensation (Range 3172). It is recommended that $2,450 be allocated to adjust the Assistant City Manager's compensation to be effective immediately. Title Changes The abolishment of two titles for part time positions, Parks Maintenance Helper and Parks Maintenance Helper II are recommended since the duties and responsibilities of these job classes have substantially changed with the opening and operations of the Diamond Bar Center. The recommended titles (shown below) more closely represent the duties of the positions and more closely align with similar position titles in other agencies. Abolished Titles Recommended Titles Parks Maintenance Helper Facility Attendant I and Maintenance Worker I Parks Maintenance Helper II Facility Attendant II and Maintenance Worker 11 There are no financial implications with these title changes. Each of the recommended changes to the Compensation Plan are further detailed in table format (Tables A -D) and are attached to this report. PREPARED BY. Kim Crews Human Resources Manager REVIEWED BY; David Doyle Assistant City Manager Attachments: 1. Table A: Market Adjustments 2. Table B: Step Movement within Recommended Ranges to Allow for Market Adjustment 3. Table C. Promotions 4. Table D: Total Costs of Salary and Benefits 5. Compensation Plan (Salary Schedules A -F) with deletions indicated by strikethrough text and additions indicated in bold text. 6. Resolution 2006 -XX, providing revised job classifications and salary ranges for the City Clerk, Senior Planner, Senior Engineer, Network/ GIS Engineer, Public Works Services Manager, Human Resources Manager, Public Works Maintenance Superintendent, Public Information Manager, Recreation Superintendent, Recreation Services Manager, Community Development Director, Community Services Director, Finance Director, Information Systems Director, Public Works Director/ City Engineer, and Assistant City Manager positions; and title changes for the Parks Maintenance Helper and Parks Maintenance Helper II positions. Table A Market Adjustments % Difference at Highest Step (Does not represent Positionactual Current Range Recommended Range pay adjustment - refer to Table B) Senior Planner (vacant) Public Information Manager $55,191 - $73,960 $59,579 - $79,841 $57,730 - $77,364 4.60% Recreation Services Manager $59,579 - $79,841 $65,685 - $88,025 $65,685 - $88,025 10.25% 10.25% City Clerk Network/ GIS Engineer $59,905 - $80,279 $66,424 - $89,015 10.88% Public Works Director $55,191 - $73,961 $77,126 - $103,357 $61,511 - $82,430 $88,695 - $118,860 11.45% 15.00% Community Development Director Community Services Director $77,126 - $103,357 $88,695 - $118,860 15.00% Finance Director $77,126 - $103,357 $77,126 - $103,357 $88,695 - $118,860 $88,695 - $118,860 15.00% 15.00% Information Systems Director Senior Engineer (vacant) $77,126 - $103,357 $88,695 - $118,860 15.00% Human Resources Manager $59,905 - $80,279 $51,340 - $68,801 $72,890 - $97,680 $63,749 - $85,430 21.68% Public Works Services Manager (new position) $63,749 - $85,430 24.17% SteP Movement within Recommended Ranges to Allow for Market Adjustment Table B Current Recommended Position Public Information Manager Salary $79,841 Salary $83,833 Increase $3,992 % of Increase 5.00% Recreation Services Manager $72,418 $76,039 $3,621 5.00% Network/GIS Engineer $63,890 $67,815 $3,925 6.14% Human Resources Manager $68,801 $73,798 $4,997 7.26% Community Development Director $93,748 $107,810 $14,062 15.00% Community Services Director $103,357 $118,860 $15,503 15.00% Finance Director $103,357 $118,860 $15,503 15.00% Information Systems Director $103,357 $118,860 $15,503 15.00% Public Works Director $103,357 $118,860 $15,503 15.00% Total Annual Salary Only Increase $92,609 Table C Promotions Current Position Recommended Position Current Salary Recommended Salary Increase % Difference Assistant Engineer Senior Management Analyst Associate Engineer Public Works Services Manager $51,335 $53,907 $2,572 5.01% Public Works Supervisor Public Works Maint. Superintendent $66,925 $56,597 $70,283 $59,579 $3,358 $2,982 5.02% 5.27% Executive Assistant Administrative Assistant City Clerk Senior Administrative Assistant $62,404 $45,877 $66,424 $4,020 6.44% Senior Account Clerk Accounting Technician $43,527 $49,770 $47,400 $3,893 $3,873 8.49% 8.90% Recreation Supervisor Recreation Supervisor 11 $48,890 $54,040 $5,150 10.53% Total Annual Salary Only Increase $25,848 Total Costs of Salary and Benefits FY 05-06 Position Cost Annual Cost Promotions City Clerk Public Works Services Manager Recreation Supervisor II Senior Administrative Assistant Accounting Technician Public Works Maint. Superintendent Associate Engineer Market Adjustments Public Information Manager Recreation Services Manager Network/GlS Engineer Human Resources Manager Senior Planner Senior Engineer Community Development Dir. Community Services Director Finance Director Information Systems Director Public Works Director Assistant City Manager Totals $2,050 $4,900 $1,750 $4,100 Absorbed $5,150 Absorbed $4,750 $2,000 $4,700 $1,600 $3,750 $1,350 $3,150 $2,050 $4,850 $1,900 $4,450 $2,300 $5,400 $2,550 $6,050 Vacant $4,200 Vacant $21,300 $7,250 $17,200 $7,500 $18,800 $7,500 $18,800 $7,500 $18,800 $7,500 $18,800 $2,450 $57,250 $169,150 Table D CITY OF DIAMOND BAR Schedule A COMPENSATION PLAN BY POSITION FY 2005-2006 FULL TIME NON-EXEMPT POSITIONS (Job Classifications 9000 - 1599) RANGE JOB TITLE A B Effective 2/21/06 �1ait35 C D 1037 Office Assistant 12.89 13.53 14.21 14.92 15.66 16.45 1727 1,030.9079 1,082.4533 1,136.5760 1,193.4048 1,253.0750 1,315.7288 1,381.5152 2,233.63 2,345.32 2,462.58 2,585.71 2,715.00 2,850.75 2,993.28 26,803.61 28,143.79 29,550.98 31,028.52 32,579.95 34,208.95 35,919.40 1141 Account Clerk 11 14.17 14.88 15.62 16.40 17.22 18.08 18.99 Community Services Coordinator 1,133.5194 1,190.1954 1,249.7051 1,312.1904 1,377.7999 1,446.6899 1,519.0244 Office Assistant 1/ 2,455.96 2,578,76 2,707.69 2,843,08 2,985.23 3134.49 3,291.22 29,471.50 30.945.08 32,492.33 34,116.95 35,822.80 37,613.94 39,494,63 1203 Parks Maintenance Worker /1 14.94 15.69 16.48 17.30 18.16 19.07 Street Maintenance Worker 11 1,195.5221 1,255.2982 1,318.0632 1,383.9663 1,453.1646 1,525.8229 20.03 1,602.1140 2,590.30 2,719.81 2,855.80 2,998.59 3,148.52 3,305.95 3,471.25 31,083.58 32,637.75 34,269.64 35,983.12 37,782.28 39,671.39 41,654.96 1257 SeniorAccount Clerk 15.62 16.40 17.22 18.08 18.98 19.93 1,249.2619 1,311.7250 1,377.3112 1,446.1768 1,518.4856 1,594.4099 20.93 1,674.1304 2,706.73 2,842,07 2,984.17 3,133.38 3,290.05 3,454.55 3,627.28 32,480.81 34,104.85 35,810.09 37,600.60 39,480.63 41,454.66 43,52739 1365 Administrative Assistant 16.46 17.28 18.15 19.05 20.01 Permit Technician 1,316.7081 1,382.5435 1,451.6707 1,524.2542 1,600.4669 21,01 1,680.4903 22.06 1,764.5148 2,852,87 2,995.51 3,145.29 3,302.55 3,467,68 3,641.06 3,823.12 34,234.41 35,946.13 37,743.44 39,630.61 41,612.14 43,69275 45,877.38 1437 Accounting Technician 17.86 18.75 19.69 20.67 21 70 Neighborhood Improvement Officer 1,428.4366 1,499.8584 1,574.8513 1,653.5939 1,736.2736 22.79 1,823.0872 23.93 Recreation Specialist 3,094.95 3,24969 3,412.18 3,582.79 3,761.93 3,950,02 1,914.2416 4,147.52 Senior Administrative Assistant 37,139.35 38,996.32 40,946.13 42,993.44 45,143.11 47,400.27 49,770.28 1460 Accountant/! 18.87 19.81 20.81 21.85 22.94 24.08 2529 Building Inspector Junior Engineer 1,509.6964 1,585.1812 1,664.4403 1,747,6623 1,835.0454 1,926,7977 2,023.1376 Parks &MaintInspector /technician 3,271.01 39,252,11 3,434.56 3,606.29 3,786.60 3,975.93 4,174.73 4,383.46 41,214.71 43,275.45 45,439.22 47,711.18 50,096.74 52,601.58 1480 Public information Coordinator 23.57 24.74 25.98 27.28 28,64 1,885.2198 1,979.4808 2,078.4548 2,182.3775 2,291.4964 30.08 2,406.0712 31.58 2,526.3748 4,084.64 4,288.87 4,503,32 4,728.48 4,964.91 5,213.15 5,473.81 49,015,71 51,466.50 54,039.82 56,741.82 59,578.91 62,557.85 65,685.74 1490 Desktop Support Technician 24.01 25.21 26.47 27,79 29.18 1,920.8014 2,016.8415 2,117.6836 2,223.5677 2,334,7461 30.64 2,451.4834 32.18 2,574,0576 4,161.74 4,369.82 4,588.31 4,817.73 5,058.62 5,311.55 5,577.12 49,940.84 52,437.88 55,059,77 57,812.76 60,703.40 63,738.57 66,925.50 CITY OF DIAMOND BAR Schedule B COMPENSATION PLAN BY POSITION FY 2005-2006 - NOVEMBER -20" FULL TIME EXEMPT POSITIONS (Job Classifications 1600 - 2600 1999) RANGE JOB TITLE Effective 2l21106 1114 ri/o5 A B C D E F G 1635 As&&7M-6ity-C*k Assistant Engineer 20.30 21.32 22.39 23.50 24.68 25.91 27.21 Assistant Planner 1,624.3551 1,705.5729 1,790.8515 1,880.3941 1,974.4138 2,073.1345 2,176.7912 Development Services Associate 3,519.44 3,695.41 3,880,18 4,074.19 4,277.90 4,491.79 4,716.38 Management Analyst 42,233.23 44,344.89 46,562.14 48,890.25 51,334.76 53,901.50 56,596.57 Parks 8 Maintenance Supervisor POW 1#045 Supervisor Recreation Supervisor 1752 Senior Neighborhood Improvement officer 21.83 22,92 24.06 25.27 26.53 27.86 29.25 1,746.1819 1,833.4910 1,925.1656 2,021.4239 2,122.4951 2,228,6198 2,340.0508 3,783.39 3,972.56 4,171.19 4,379.75 4,598.74 4,828.68 5,070.11 45,400.73 47,670.77 50,054.31 52,557.02 55,184.87 57,944.12 60,841.32 1897 Parks 8 Maintenance Superintendent 23.57 24.74 25.98 27.28 28.64 30.08 Public Works Maintenance Superintendent 1,885.2210 1,979.4820 2,078.4561 2,182.3789 2,291.4979 2,406.0728 31.58 2,526.3764 Recreation Supervisor ll 4,084.65 4,288.88 4,503.32 4,728.49 4,964.91 5,213.16 5,473.82 49,015.75 51,466.53 54,039.86 56,741.85 59,578.94 62,557.89 65,685.79 1920 Senior Management Analyst 24.01 25.21 26.47 27.79 29.18 30.64 1,920.8014 2,016.8415 2,117.6836 2,223.5677 2,334.7461 2,451.4834 32.18 2,574.0576 4,161.74 4,369.82 4,588.31 4,817.73 5,058.62 5,31155 5,577.12 49,940.84 52,437.88 55,059.77 57,812.76 60,703.40 63,738.57 66,925.50 1987 Associate Engineer 24.68 25.92 27.21 28.57 30.00 31.50 33.08 Associate Planner 1,974.6218 21073.3528 2,177.0205 2,285.8715 2,400.1651 2,520.1733 2,646,1820 Executive Assistant 4,278.35 4,492.26 4,716.88 4,952.72 5,200.36 5,460.38 5,733.39 Senior Accountant 51,340.17 53,907.17 56,602.53 59,432.66 62,404.29 65,524,51 68,800.73 1990 Netwer OIS EiRgineer Seaier� 26.53 27.86 29.25 30,72 32.25 33.86 35.56 2,122.7180 2,228.8539 2,340.2966 2,457.3115 2,580.1771 2,709.1859 2,844.6452 4,599.22 4,829.18 5,070.64 5,324.17 5,590,38 5,869.90 6,163.40 55,190.67 57,950.20 60,847.71 63,890.10 67,084.60 70,438.83 73,960.78 1993 Senior Planner 27.75 29.14 30.60 32.13 33.74 35.42 37.19 2,220.3926 2,331.4122 2,447.9829 2,570.3820 2,698.9011 2,833.8462 2,975.5385 4,810.85 5,051.39 5,303.96 5,569.16 5,847.62 6,140.00 6,447.00 57,730.21 60,616.72 63,647.55 66,829.93 70,171.43 73,680.00 77,364.00 1995 � �o� eo�cn 2-ro-+. 869 4,964:89 3� 2,49696122 5,213.13 34,8 242&W6Q 5,473.7 33� 2,652.6926 5,747.48 24 249&,34% 3� 2,,924-5925 3@-38 9;0� 2349 Assistant to the City Manager 59,67 28.80 62,55769 30.24 65,6 47 31.75 ✓ 8,96q,7a 33.34 6$34.95 72,418.23 35.01 9,336,6 4,939A4 6,653.43 79 841.19 1996 C#y-QW 2,304.0544 2,419.2571 2,540.2199 2,667.2309 2,800.5925 36.76 2,940.6221 38.60 3,087.6532 4,992.12 5,241,72 5,503.81 5,779.00 6,067.95 6,371.35 6,689.92 59,905.41 62,900.68 66,045.72 69,348.00 72,815.40 76,456.17 80,278.98 1998 Network/ GIS Engineer 29.57 31.05 32.60 34.23 35.95 37.74 2,365.7892 2,484,0787 2,608.2826 2,738.6968 2,875.6316 3,019.4132 39.63 3,170.3838 5,125.88 5,382.17 5,651.28 5,933.84 6,230.54 6,542.06 6,869.17 61,510.52 64,586.05 67,815.35 71,206.12 74,766.42 78,504.74 82,429.98 CITY OF DIAMOND BAR Schedule B COMPENSATION PLAN BY POSITION FY 2005-2006 FULL TIME EXEMPT POSITIONS (Job Classifications 1600 - 2600 1999) RANGE JOS TITLE A Effective 2121106 1 1 115'95 B C D E F G 2574 Baildiflg-A>EoW 3183 2,554 7799 P/m.;.- ManageF 5,535.34 3333 2,632,5083 5;912.19 3579 2,816.6348 6,19244 36$7 2;957-.4&65 5,407,94 38-:82 3.105.339 6,728-24 49-.7,& 4240 3,260:6069 3-,423,6372 66;42404 1999 Senior Engineer 35.04 69445:-24 36,80 73,232-:50 38.64 76484-'13 40.57 8084 42.60 7,G64.69 7,41 88 84,775.4 89;914.37 44.73 46.96 2,803.4736 2,943.6475 3,090.8299 3,245.3714 3,407.6400 3,578.0220 3,756.9231 6,074.19 6,377.90 6,696.60 7,031.64 7,383.22 7,752.36 8,140.00 72,890.32 76,534.84 80,361.58 84,379.66 88,598.64 93,028.57 97,680,00 Schedule C CITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2005-2006 - EYCC€ FULL TIME EXEMPT MANAGEMENT POSITIONS (Job Classifications 2000 2998 - 2899 3988) RANGE JOB TITLE A $ C Effective 2/21/06 11A6/05 D E F G �� 37-.9 38-93 49 86 2,966,3963 3,114.7162 3,27".4520 6,42749 6,,748.55 7,085,98 7 F26 39 60;882:62 05;031-.75 42:92 3,433.9716 7,449:28 69,283:34 46-67 3,695-6733 7;812.29 93 47.54 4742 3,785.9679 6;292.94 96;434,86 4849 3,942548 6;61396 103,366.62 3472 44M 4&-72 49,06 3!559:8641 3;, 37_.8542 3;924-7469 7,7Q,03 6;099.66 8,593,62 5- 44 4,428,9842 8,926.80 54.9 4;327-0335 9;37624 5579 4;543-3854 9;844.09 5R-63 4,779544 19,336-20 2300 Human Resources Manager 92,556.38 9;, 't6421 102,043.4 30.65 32.18 33.79 107-145-59 35.48 412,502.8 37.25 418,1264 39.12 424 3441 41.07 Public Works Services Manager 2,451.8910 2,574.4856 2,703.2098 2,838.3703 2,980.2889 3,129.3033 3,285.7665 5,312.43 5,578.05 5,856.95 6,149.80 6,457.29 6,780.16 7,119.17 63,749.17 66,936.62 70,283.46 73,797.63 77,487.51 81,361.89 85,429.98 2400 Public Information Manager 31.58 33.16 34.82 36.56 38.39 40.30 42.32 Recreation Services Manager 2,526.3564 2,652.6742 2,785.3080 2,924.5734 3,070.8020 3,224.3421 3,385.5592 5,473.77 5,747.46 6,034.83 6,336.58 6,653.40 6,986.07 7,335.38 65,685.27 68,969.53 72,418.01 76,038.91 79,840.85 83,832.90 88,024.54 2571 Building Oficial 31.93 33.53 35.21 36.97 38.82 40.76 42.80 City Clerk Planning Manager 2,554.7709 2,682.5094 2,816.6349 2,957.4666 3,105.3400 3,260.6070 3,423.6373 5,535.34 5,812.10 6,102.71 6,407.84 6,728.24 7,064.65 7,417.88 66,424.04 69,745.24 73,232.51 76,894.13 80,738.84 84,775.78 89,014.57 46.76 49.09 51.55 Schedule D G 56.83 CITY OF DIAMOND BAR 62.66 3,740.4865 3,927.5108 4,123.8863 COMPENSATION PLAN BY POSITION 4,546.5847 4,773.9139 5,012.6096 8,104.39 FY 2005-2006 - NOVEMBER2005 8,935.09 9,381.84 9,850.93 EXEMPT EXECUTIVE MANAGE MENT-EXEA T POSITIONS 10,860.65 97,252,65 102,115.28 (Job Classifications 2900 - 3900) 112, 582.10 118,211.20 124,121.76 RANGE JOB TITLE A � C Effective 2121106 a�JA6 D E F G 2965 City Enginee#Public Works Director 37,88 3&-93 49-88 42-82 45-87 47,42 Community Development Director 2,966-3963 a11�_ ,7112 3,27n,� 34339746 4&69 Community Services Director 6,427.19 0_.749,63 7.095.88 7,44428 3695-&7 3 3,795,9570 3,9;5.2649 77,1 0099 5 7,Q1� 8_2n�n1 5 InformFinancation Systems information Systems Director 93-�51 99�� 62 42.64 44.77 47.01 49.36 51.83 54.42 57.14 3,411.3556 3,581.9234 3,761.0196 3,949.0706 4,146.5241 4,353.8503 4,571.5428 7,391.27 7,760.83 8,148.88 8,556.32 8,984.14 9,433.34 9,905.01 88,695.25 93,130.01 97,786.51 102,675.83 107,809.63 113,200.11 118,860.11 3172 Assistant City Manager 44.8 4� 49-06 � 5" 56-79 59-63 46.76 49.09 51.55 54.13 56.83 59.67 62.66 3,740.4865 3,927.5108 4,123.8863 4,330.0807 4,546.5847 4,773.9139 5,012.6096 8,104.39 8,509.61 8,935.09 9,381.84 9,850.93 10,343.48 10,860.65 97,252,65 102,115.28 107,221.04 112, 582.10 118,211.20 124,121.76 130, 327.85 CITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2005-2006 - NOVEMBER 2005 PART-TIME/ HOURLY NON-EXEMPT! NON -BENEFITED POSITIONS (Job Classifications 500 - 899) RANGE JOB TITLE A 515 Community Services Worker 537 Community Services Leader 1 753 Community Services Leader 11 937 Intern Effective 2121106 4-u4 &o6 Facifity Attendant I 8 Maintenance Worker I 770 E F G Facility Attendant 11 7.95 Maintenance Worker 11 775 Community Services Coordinator 9.66 10.14 Public Information Specialist 800 Engineering Aide 12.89 13.54 14.21 14.91 15.67 16.44 17,27 14.18 14.87 15.62 16.41 17.21 18.09 18.98 15.61 16,39 17.20 18.08 18.98 19.93 20,92 PART-TIME/HOURLY NON-EXEMPT/ BENEFITED POSITIONS (Job Classifications 900 -999) Schedule F € RANGE JOB TITL A B C Schedule E & E Effective 2121106 4,6146 F G 937 Community Services Leaded Effective 2121106 4-u4 &o6 A 8 C b E F G 7,56 7.95 8.35 8.77 9.19 9.66 10.14 8.27 8.67 9.36 9.99 10.66 11.32 11,90 9.35 9.99 10.66 11.32 12.00 12.68 13.34 12.89 13.54 14.21 14.91 15.67 16.44 17,27 14.18 14.87 15.62 16.41 17.21 18.09 18.98 15.61 16,39 17.20 18.08 18.98 19.93 20,92 PART-TIME/HOURLY NON-EXEMPT/ BENEFITED POSITIONS (Job Classifications 900 -999) Schedule F € RANGE JOB TITL A B C D E Effective 2121106 4,6146 F G 937 Community Services Leaded 8.27 8.67 9.36 9.99 10.66 11.32 11,90 953 Community Services Leader If 9.35 9.99 10.66 11.32 12.00 12,68 13.34 960 Office Assistant 12.89 13.54 14.21 14.91 15.67 16.44 17.27 987 Neighborhood Improvement officer 17.86 18.74 19.69 20.68 21.70 22.79 23.93 Resolution No. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE FEBRUARY 21, 2006; RESCINDING RESOLUTION NO. 2005-58 IN ITS ENTIRETY. WHEREAS, the City Council of the City of Diamond Bar has adopted the annual budget for fiscal year 2005-2006; WHEREAS, the City Council of the City of Diamond Bar wishes to establish salary ranges (Attachment 1, Schedule A -F) for the compensation of its employees, including cost of living adjustments and compliance with minimum wage requirements; WHEREAS, it is necessary to assign each position to a job classification number that reflects the various levels as either non-exempt full-time (Schedule A), exempt full-time (Schedule B), exempt full-time management (Schedule C), executive management (Schedule D), non -benefited part-time (Schedule E) or benefited part-time (Schedule F) (Schedule A -F attached); WHEREAS, it is necessary from time to time to establish comprehensive job classifications and salary schedules to fix the rate of compensation to be paid to employees of the City; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby repeal all previous salary resolutions and establishes salary ranges for non-exempt full-time, exempt full-time, executive -management, non -benefited part-time and benefited part-time as outlined in Salary Schedules A -F. PASSED, ADOPTED AND APPROVED this twenty-first day of February 2006. Carol Herrera, Mayor I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the twenty-first day of February 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar Schedule A CITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2005-2006 FULL TIME NON-EXEMPT POSITIONS (Job Classifications 1000 - 1599) RANGE JOB TITL E A B Effective 02/21/06 C D E F G 1037 Office Assistant 12.89 13.53 14.21 14.92 15.66 16.45 17.27 1,030.9079 1,082.4533 1,136.5760 1,193.4048 1,253.0750 1,315.7288 1,381.5152 2,233.63 2,345.32 2,462.58 2,585.71 2,715.00 2,850.75 2,993.28 26,803.61 28,143.79 29,550.98 31,028.52 32,579.95 34,208.95 35,919.40 1141 Account Clerk 8 14.17 14.88 15.62 16.40 17.22 18.08 18.99 Community Services Coordinator 1,133.5194 1,190.1954 1,249.7051 1,312.1904 1,377.7999 1,4466899 1,519.0244 Office Assistant 11 2,455.96 2,578.76 2,707.69 2,843.08 2,985.23 3,134.49 3,291.22 29,471.50 30,945.08 32,492.33 34,116.95 35,822.80 37,613.94 39,49463 1203 Parks Maintenance Worker 11 14.94 15.69 16.48 17.30 18.16 19.07 20.03 Street Maintenance Worker// 1,195.5221 1,255.2982 1,318, 0632 1,383.9663 1,453.1646 1.525.8229 1,602.1140 2,590.30 2,719.81 2,855.80 2,998.59 3,148.52 3,305.95 3,471,25 31,083.58 32,637.75 34,269.64 35,983.12 37,782.28 39,671,39 41,654.96 1257 Senior Account Clerk 15.62 16.40 17.22 18.08 18.98 19.93 20.93 1,249.2619 1,311.7250 1,377.3112 1,446.1768 1,518.4856 1,594.4099 1,674.1304 2,706.73 2,842.07 2,984.17 3,133.38 3,290.05 3,454.55 3,627.28 32,480.81 34,10485 35,810.09 37,600.60 39,480.63 41,454.66 43,527.39 1365 Administrative Assistant 16.46 17.28 18.15 19.05 20.01 21.01 22.06 Permit Technician 1, 316.7081 1,382.5435 1,451.6707 1,524.2542 1,600.4669 1,680.4903 1,764.5146 2,852.87 2,995,51 3,145.29 3,302.55 3,467.68 3,641.06 3,823.12 34,234.41 35,946.13 37,743.44 39,630,61 41,612.14 43,692.75 45,87738 1437 Accounting Technician 17.86 18.75 19.69 20.67 21.70 22.79 Neighborhood Improvement Officer 1,428.4366 1,499.8584 1,574.8513 1,653.5939 1,736.2736 1,823.0872 23.93 1,914.2416 Recreation Specialist 3,094,95 3,249.69 3,412.18 3,582.79 3,761.93 3,950.02 4,147.52 Senior Administrative Assistant 37,139.35 38,996.32 40,946.13 42,993.44 45,143.11 47,400.27 49,770.28 1460 Accountantll 18.87 19.81 20.81 21,85 22.94 24.08 26-29 Building Inspector 1,509.6964 1,585.1812 1,664.4403 1,747.6623 1,835.0454 1,926.7977 2,023.1376 Junior Engineer Parks & Maint Inspector/Technician 3,271.01 3,434.56 3,606.29 3,786.60 3,975.93 4,174.73 4,383.46 39,252.11 41,214.71 43,275.45 45,439.22 47,711.18 50,096.74 52,601.58 1480 Public Information Coordinator 23.57 24.74 2598 27.28 1,885.2198 1,979.4808 2,078.4548 2,182.3775 28.64 2,291.4964 30.08 2,406.0712 31.58 2,526.3748 4,084.64 4,288.87 4,503.32 4,728.48 4,964.91 5,213.15 5,473.81 49,015.71 51,466,50 54,039.82 56,741.82 59,578.91 62,557,85 65,685.74 1490 Desktop Support Technician 24.01 25.21 26.47 27.79 29.18 1,920.8014 2,016,8415 2,117.6836 2,223.5677 2,334.7461 30.64 2,451.4834 32.18 2,574.0576 4,161.74 4,369,82 4,588.31 4,817.73 5,058.62 5,311.55 5,577.12 49,940.84 52,437.88 55,059.77 57,812.76 60,703.40 63,738.57 66,925.50 RANGE JOB TITLE 1635 Assistant Engineer Assistant Planner Development Services Associate Management Analyst Parks & Maintenance Supervisor Recreation Supervisor CITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2005-2006 FULL TIME EXEMPT POSITIONS (Job Classifications 1600 - 1999) A B 20.30 21.32 1,624.3551 1,705.5729 3,519.44 3,695.41 42,233.23 44,344.89 C D 22.39 23.50 1,790.8515 1,880.3941 3,880.18 4,074.19 46,562.14 48,890.25 Schedule B Effective 02/21/06 E F G 24.68 25.91 27.21 1,974.4138 2,0731345 2,176.7912 4,277.90 4,491.79 4,716.38 51,334.76 53,901.50 56,596.57 1752 Senior Neighborhood Improvement Officer 21.83 22.92 24.06 25.27 26.53 27.86 1,746.1819 1,833.4910 1,925.1656 2,021.4239 2,122.4951 2,228.6198 29.25 2,340.0508 3,783.39 3,972.56 4,171.19 4,379.75 4,598.74 4,828.68 5,070.11 45,400.73 47,670.77 50,054.31 52,557.02 55,184.87 57,944.12 60,841.32 1897 Parks & Maintenance Superintendent 23.57 24.74 25.98 27.28 28.64 30.08 Public Works Maintenance Superintendent 1,885.2210 1,979.4820 2,078.4561 2,182.3789 2,291,4979 2,406.0728 31.58 2,526.3764 Recreation Supervisor 11 4,084.65 4,288.88 4,503.32 4,728.49 4,964.91 5,213.16 5,473.82 49,015.75 51,466.53 54,039.86 56,741.85 59,578.94 62,557.89 65,685.79 1920 Senior Management Analyst 24,01 25.21 26,47 27,79 29.18 3064 32 18 1,920.8014 2,016.8415 2,117.6836 2,223.5677 2,334.7461 2,451.4834 2,574.0576 4,161.74 4,369.82 4,588.31 4,817.73 5,058,62 5,311.55 5,577.12 49,940.84 52,437.88 55,059.77 57,812,76 60,703.40 63,738.57 66,925.50 1987 Associate Engineer 24.68 25.92 27.21 28.57 30.00 31.50 33.08 Associate Planner 1,974.6218 2,073.3528 2,177,0205 2,285.8715 2,400.1651 2,520.1733 2,646.1820 Executive Assistant 4,278.35 4,492.26 4,716.88 4,952.72 5,200.36 5,460.38 5,73339 Senior Accountant 51,340.17 53,907,17 56,602.53 59,432.66 62,404.29 65,524.51 68,800.73 1993 Senior Planner 27.75 29.14 30.60 32.13 33.74 35,42 37 19 2,220.3926 2,331.4122 2,447.9829 2,570.3820 2,698.9011 2,833.8462 2,975.5385 4,810.85 5,051.39 5,303.96 5,569.16 5,847.62 6,140.00 6,447.00 57,730.21 60,616.72 63,647.55 66,829.93 70,171.43 73,680.00 77,364.00 1996 Assistant to the City Manager 28.80 30.24 31.75 33.34 35.01 36.76 38.60 2,304.0543 2,419.2570 2,540.2198 2,667.2308 2,800.5924 2,940.6220 3,087.6531 4,992.12 5,241.72 5,503.81 5,77900 6,067.95 6,371.35 6,689.92 59,905.41 62,900.68 66,045.72 69,348.00 72,815.40 76,456.17 80,278.98 1998 Network/ GIS Engineer 29.57 31.05 32.60 34.23 35.95 37.74 39.63 2,365,7892 2,484.0787 2,608.2826 2,738.6968 2,875.6316 3,019.4132 3,170.3838 5,125.88 5,382.17 5,651.28 5,933.84 6,230.54 6,542.06 6,86917 61,510.52 64,586.05 67,815.35 71,206.12 74,766.42 78,504.74 82,429.98 1999 Senior Engineer 35.04 36.80 38.64 40.57 42.60 44.73 46.96 2,803.4738 2,943,6475 3,090.8299 3,245.3714 3,407.6400 3,578.0220 3,756.9231 6,074.19 6,377.90 6,696.80 7,031.64 7,383.22 7,752.38 8,140.00 72,890.32 76,534.84 80,361.58 84,379,66 88,598.64 93,028.57 97,680.00 CITY OF DIAMOND BAR Schedule C COMPENSATION PLAN BY POSITION FY 2005-2006 FULL TIME EXEMPT MANAGEMENT POSITIONS (Job Classifications 2000 - 2899) RANGE JOB TITLE A Effective 02/21/06 g p E F G 2300 Human Resources Manager 30.65 32.18 33.79 35.48 Public Works Services Manager 2,451.8910 2,574.4856 2,703.2098 2,838.3703 37.25 2,980,2889 39.12 3,129.3033 41.07 5,312.43 5,578.05 5,856.95 6,149.80 8,457.29 6,780.16 3,285.7685 7,119.17 63,749.17 66,936.62 70,283.46 73,797.63 77,487.51 81,361.89 85,429.98 2400 Public Information Manager 31.58 33.16 34.82 36.56 Recreation Services Manager 2,526.3564 2,652.6742 2,785.3080 2,924.5734 38.39 3,070.8020 40.30 42.32 5,473.77 5,747.46 6,034.83 6,336.58 6,653.40 3,224.3421 6,986.07 3,385.5592 7,335.38 65,685.27 68,969.53 72,418.01 76,038.91 79,840.85 83,832.90 88,024.54 2571 Building Official 31.93 33.53 35.21 36.97 38.82 40.76 City Clerk Planning Manager 2,554.7709 2,682.5094 2,818.6349 2,957.4666 3,105.3400 3,260,6070 42.80 3,423.6373 5,535.34 5,812.10 6,102.71 6,407.84 6,728.24 7,064.65 7,417.88 66,424.04 69,745.24 73,232.51 76,894.13 80,738.84 84,775.78 89,014,57 CITY OF DIAMOND BAR Schedule D COMPENSATION PLAN BY POSITION FY 2005-2006 EXEMPT EXECUTIVE MANAGEMENT POSITIONS (Job Classifications 2900 - 3900) RANGE JOB TITLE A B Effective 02/21/06 C D E F G 2985 City Engineer/Public Works Director 42.64 44,77 Community Development Director 3,411.3556 3,581.9234 47.01 3,761.0196 49.36 51.83 54.42 57.14 Community Services Director 7,391.27 7,760.83 3,949-0706 4,146.5241 4,353.8503 4,571.5428 Finance Director 88,695.25 93,130.01 8,148.88 8,556.32 8,984.14 9,433.34 9,905.01 Information Systems Director 97,786.51 102,675.83 107,809.63 113,200.11 118,860.11 3172 Assistant City Manager 46.76 49.09 51.55 3,740.4865 3,927.5108 4,123.8863 54.13 4,330,0807 56.83 4,546.5847 59.67 4,773.9139 62,66 5,012 6096 8,104.39 8,509.61 8,935.09 9,381.84 9,850.93 10,343.48 10,860.65 97,252.65 102,115.28 107,221.04 112,582.10 118,211.20 124,121,76 130,327.85 13 CITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2005-2006 PART-TIME/ HOURLY NON-EXEMPT/ NON -BENEFITED POSITIONS (Job Classifications 500 - 899) RANGE JOB TITLE 515 Community Services Worker 537 Community Services Leaders 753 Community Services Leader 11 Intern Community Services Leader 1 Facility Attendant l A Maintenance Worker I 770 Facility Attendant 11 E Maintenance Worker// 775 Community Services Coordinator Public Information Specialist 800 Engineering Aide 12.89 13.54 14.21 14.91 15.67 16.44 17.27 14,18 14.87 15.62 16.41 17.21 18.09 18.98 15.61 16.39 17,20 18.06 18.98 19.93 20.92 PART-TIME/HOURLY NON-EXEMPT/ BENEFITED POSITIONS (Job Classifications 900 - 999) Schedule F RANGE JOB TITLEEffective A B C Schedule E E 02121/06 F G 937 Community Services Leader 1 Effective 02121/06 A B C D E F G 7.56 7.95 8.35 8.77 9.19 9.66 10.14 8.27 8.67 9.36 9.99 10.66 11.32 11.90 9.35 9.99 10.66 11.32 12.00 12.68 13.34 12.89 13.54 14.21 14.91 15.67 16.44 17.27 14,18 14.87 15.62 16.41 17.21 18.09 18.98 15.61 16.39 17,20 18.06 18.98 19.93 20.92 PART-TIME/HOURLY NON-EXEMPT/ BENEFITED POSITIONS (Job Classifications 900 - 999) Schedule F RANGE JOB TITLEEffective A B C 0 E 02121/06 F G 937 Community Services Leader 1 8.27 8.67 9.36 9.99 10.66 11.32 11.90 953 Community Services Leaded/ 9.35 9.99 10.66 11.32 12.00 12.68 13.34 960 Office Assistant 12.89 13.54 14.21 14.91 15.67 16.44 17.27 987 Neighborhood Improvement Officer 17.86 18.74 19.69 20.68 21.70 22.79 23.93 Agenda # s . 2 Meeting Date: 2121106 CITY COUNCILAGENDA REPORT Gl�''ansxsiatY�� . TO: Honorable Mayor and Membe;�Xw� City Council VIA: Linda C. Lowry, City Manager TITLE: AMENDMENT #1 TO CONTRACT WITH WEST COAST ARBORISTS FOR TREE MAINTENANCE SERVICES IN THE CITY OF DIAMOND BAR FOR THE 2005106 FISCAL YEAR TO 1) REMOVE ALL TREES ON GRAND AVE MEDIANS BETWEEN 60 FREEWAY AND DIAMOND BAR BLVD AND PLANT FIFTY-ONE (51) 24" BOX REPLACEMENT TREES FOR THE LUMP SUM AMOUNT OF $20,213: 2) REMOVE NINE (9) SPECIMEN SYCAMORE TREES AT SYCAMORE CANYON PARK AND PLANT NINE (9) 24" BOX REPLACEMENT TREES FOR THE LUMP SUM AMOUNT OF $7,562; AND 3) PERFORM TREE MAINTENANCE SERVICES AS AUTHORIZED BY THE CITY MANAGER OR DESIGNEE DURING THE 2005106 FISCAL YEAR IN THE TOTAL AMOUNT NOT TO EXCEED $235,125, AN AMOUNT THAT INCLUDES $207,350 PREVIOUSLY APPROPRIATED BY THE CITY COUNCIL, PLUS NEW APPROPRIATIONS FROM GENERAL FUND RESERVES OF $20,213 FOR ITEM #1 AND $7,562 FOR ITEM #2 ABOVE. RECOMMENDATION: Approve, FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend up to $235,125 for City -Wide Tree Maintenance Services during the 2005106 fiscal year. The City Council has already appropriated $207,350 for this contract. Staff is seeking an additional appropriation from General Fund Reserves of $27,775 ($20,213 f $7,562) for the following two projects: 1) Remove all trees on Grand Ave medians between 60 Freeway and Diamond Bar Blvd and plant fifty-one (51) 24" box replacement trees for the lump sum amount of $20,213. 2) Remove nine (9) specimen sycamore trees at Sycamore Canyon Park and plant nine (9) 24" box replacement trees for the lump sum amount of $7,562. BACKGROUND: On July 5, 2005, the City Council awarded a contract to West Coast Arborists for city-wide tree maintenance services in the amount of $150,000 for the 2005106 fiscal year. On February 7, 2006, the City Council increased the budget appropriation for Tree Maintenance Services to $207,350. Now, there are two projects that staff is seeking approval to add to the contract with West Coast Arborists. DISCUSSION: The first proposed project is the removal all trees on Grand Ave medians between the 60 Freeway and Diamond Bar Blvd and the planting of fifty-one (51) 24" box replacement trees for the lump sum amount of $20,213. Fourteen (14) trees on these medians have died and had to be removed and staff believes this is an opportunity to move away from the large eucalyptus trees to the more decorative Camphor and Ginkgo trees. Staff believes the look of these replacement trees, especially as they grow to specimen size, will enhance the Grand Avenue entry into the City. Staff would complete this work in two phases. Phase one will be from the 60 Freeway to approximately Cahill Place, and phase two will be from Cahill Place to Diamond Bar Blvd. These phases correspond to the Grand Avenue Betterment and Beautification project now under construction. The second proposed project is the removal of nine (9) specimen sycamore trees at Sycamore Canyon Park and the planting of nine (9) 24" box replacement trees for the lump sum amount of $7,562. All of the sycamore trees in the developed portion of lower Sycamore Canyon Park have been evaluated by an arborist for health and stability issues, and the arborist recommends the removal of nine trees. We will be starting the construction of Phase III ADA Improvements in this area of the park within the next couple of months, so now would be a good time to remove these potentially hazardous trees and to plant appropriate replacements. Staff plans to plant a tree similar to the California Sycamores that will be removed, the London Plane Tree. Attachments: Amendment #1 to Tree Maintenance Services Contract Tree Maintenance Services Contract for the period of July 1, 2005 — June 30, 2006 Community Services Director AMENDMENT #1 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 21 st day of February, 2006 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and WESTCOAST ARBORISTS, INC, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance Services on July 5, 2005 in the amount of $150,000 for the period of July 1, 2005 — June 30, 2006. b. Parties desire to amend the contract to add two new projects to the scope of work: 1) Remove all trees on Grand Ave medians between 60 Freeway and Diamond Bar Blvd and plant fifty-one (51) 24" box replacement trees for the lump sum amount of $20,213. 2) Remove nine (9) specimen sycamore trees at Sycamore Canyon Park and plant nine (9) 24" box replacement trees for the lump sum amount of $7,562. C. Parties further desire to amend the contract to authorize as -needed work as approved by the City Manager or designee in the amount not to exceed $235,125 for 05106 FY. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Contract is amended to add two new projects to the scope of work: 1) Remove all trees on Grand Ave medians between 60 Freeway and Diamond Bar Blvd and plant fifty-one (51) 24" box replacement trees for the lump sum amount of $20,213. 2) Remove nine (9) specimen sycamore trees at Sycamore Canyon Park and plant nine (9) 24" box replacement trees for the lump sum amount of $7,562. Section 2 — Contract is amended to authorize as -needed work as approved by the City Manager or designee in the amount not to exceed $235,125 for 05106 FY. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO CONTRACT AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Mayor APPROVED TO FORM City Attorney WESTCOAST ARBORISTS, INC. Contractor Signed Title Linda Lowry, City Clerk AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between, West Coast Arborists Inc. , hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Request For Proposals (R.F.P.), proposals were received, on the date specified in the R.F.P.; and WHEREAS, City did accept the proposal of CONTRACTOR West Coast Arborists, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Tree Maintenance Services in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Tree Maintenance Services in the City of Diamond Bar. The work to be performed in accordance with the R.F.P., dated June 23, 2005. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The R.F.P. is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The R.F.P., CONTRACTOR'S Proposal dated June 23 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete assigned work within timeframe presented on the date work is requested. Agreement and unit prices shall remain in force, unless terminated sooner, until June 30, 2006 . Agreement may be extended per Section 14. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance. Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of . California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b, For all operations of the' CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) • Public Liability - Property Darn -age (riot auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1 } Waives all right of subrogation against all persons and entities specified -in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. ' The CONTRACTOR is required 'to- make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under, him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel - and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY-. The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage .to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects orobstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors br invitees pfovided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with'any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages-, penalties,'obligations and liabilities arisingout of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and .the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to. pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed- by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10, NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 23 2005 in the amount not to exceed One Hundred and Fifty Thousand dollars ($150.000). 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13.TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. EXTENSION OPTION: The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Contractor's unit prices shall be subject to adjustment at the -commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's. compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. IN WITNESS WHEREOF, the parties hereto have.executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 366764 CONTRACTOR'S NAME west Coast Arborists, Inc. ADDRESS 2200 E. Via Burton St. im Jul 11 2005 > " `� Date By: Patrick Mahoney President CONTRACTOR'S Business Phone: 714-991-1900 CONTRACTOR'S Emergency Phone: 866-546-2369 CITY OF DIAMOND BAR, CALIFORNIA Date ATTEST: Date .ATTORNEY V � �S Dat �Ini By: LIKU6 C. OWRY CITY CL RK 06/30/2005 07:47 7149911027 WCA INC PAGE 03/04 City of Diamond Bar Community Services Department Schedule of Compensation In conformity with the terms and conditions of the Tree Maintenance Contract, West coast Arborists, Inc. hereby proposes to the Cibr of Diamond Bar the following schedule of compensation; DESCRIPTION UNIT Annual Tree Trimming on Area basis -- per tree (Minimum 500 trees) SERVICE REQUESTS -- Work rfcrmed on an individual basis FULL TRIM 0-6' dbh per tree 7-16" dbh per tree 17-24 dbh per tree 25-36" dbh per tree 37" dbh & over per tree QUANTITY DISCOUNT 10 Trees within '/= Mile Radius per tree 50 Trees within %z Mile Radius per tree 100 Trees within Yt Mile Radius per tree PALM TREE TRIMMING Coco palm, any size per tree Washingtonia palm, any size per tree Canary Island Date Palm, any size per tree TREE REMOVAL Tree and stump removal Tree removals over 36" dbh Stump only removal PLANTING (with 180 day guarantee) 15 gallon tree 24 inch box tree 36 inch box tree TREE WATERING CREW RENTAL 3 man crew with equipment 2 man crew with equipment 1 man crew with Equipment City of Diamond Bar Tree Maintenance Contract Page 2 per diameter inch per'diameter inch per inch per tree fuer tree per tree per day per hour per hour per hour UNIT ICE $ 35.00 $ 35.00 $ 55.00 $ 7C.a0 $ 165.00 . $ 170.00' M <-0- M _0-- M -0- $ 35.00 $ 35.00 $ 120.00 14.50 $ 20.00 $ 5.00 $ 89.00 $ 119.00 $ 650.00 300.00 $ 1.39.50 $ 93.00 $ 46.50 Ok 06/30/2005 07:47 7149911027 WGA INC PAGE 04/04 EMERGENCY RESPONSE Each $5.00 3 -man crew with equipment Foot $10.00 (Evening, weekend, or holiday Cali -out) per hour $ 200. uv TREE INVENTORY AND per tree site $ 1.00 SOFTWARE PACKAGE Hour $93.00 GPS INVENTORY 0 tional per tree site $ 2.'00 TREE INVENTORY UPDATES per tree site $ 0.00 TREE MASTER PLAN Dump Sum $ 10,000.00 r West C012t Arborists, Inc. June 22, 2005_ Signature (Comps epresentative) Name of Company Date Submitted SUPPLt2 ENTAL PRICE cKHEAULE 'Root Barrier Installation per tree $25.00 with Tree Planting Water Tube Installation Each $5.00 Root Pruning Foot $10.00 specialty Equipment - 95 ft. Aerial tower Hour $93-00 - Crane Hour $93.00 Slope Tree Pruning Hour $139.50 (3 -man crew) I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: Gar L A 1 -A DATE: ADDRESS: 44-4 La 4e-rn �-�� R��� c gZ3�3 PHONE 9sl);($-42VL ORGANIZATION: AGENDA #/SUBJECT: -4 • P��i<< �earih I Y2c S3g30 I expect to address the Council on the subject'agenda item. Please have the Council Minutes reflect my name and address as written above, j TO: FROM: ADDRESS: ORGANIZATION: ignature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK - ' r C-� ~ DATE: PHONE: o 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: U,��Lu DATE: ADDRESS: q�� W PHONE: qcr� ?lO)- 1 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