HomeMy WebLinkAbout03/20/2007City Council
Agendc7
Tuesday, March 20, 2007
6:00 p.m. — Closed 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 Steve Tye
Mayor Pro Tem Jack Tanaka
Council Member Wen Chang
Council Member Ron Everett
Council Member Carol Herrera
City Manager James DeStefano
City Attorney Michael Jenkins
City Clerk Tommye Cribbins
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.
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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
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DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City
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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
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except during public hearings, when the applicant/appellant may be afforded a rebuttal.
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INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
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meeting, in the foyer just outside the Council chambers. The City Council may take action on
any item listed on the agenda.
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CHANNEL 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY
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AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBAR.COM
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
March 20, 2007
Next Resolution No. 2007-21
Next Ordinance No. 05 (2007)
CLOSED SESSION: 6:00 p.m., CC -8
Public Comments on Closed Session Agenda
0. Government Code Section 54956.9(a) — Pending Litigation —
(2 Cases)
(1) Courson v. Diamond Bar - Case No. BS106935
(2) Rodriguez v. Diamond Bar, et a. — Case No. 06CCO2992
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor Bob Stebe,
Northminister Presbyterian Church
ROLL CALL: Council Members Chang, Everett,
Herrera, Mayor Pro Tem Tanaka,
Mayor Tye
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH:
1.1 Presentation of Certificate Plaque to Near New Novels Bookstore, 962 N.
Diamond Bar Blvd. as the New Business of the Month, March, 2007.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
MARCH 20, 2007 PAGE 2
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
completion of this form is voluntary) There is a five-minute maximum time limit
when addressing the City Council
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 State of the City — March 22, 2007 — 6:30 — 8:00 p.m., Diamond Bar
Center, 1600 S. Grand Ave.
5.2 Parks and Recreation Commission Meeting — March 22, 2007 — 7:00 p.m
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 Planning Commission Meeting — March 27, 2007 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 City Council Meeting — April 3, 2007 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 Planning Commission Minutes — Regular Meeting of February 13, 2007
- Receive and file.
6.2 Traffic and Transportation Commission Minutes — Regular Meeting of
February 8, 2007 - Receive and file.
6.3 Ratification of Check Register — Ratification of Check Register dated
March 1 through March 14, 2007 totaling $502,425.12.
Requested by: Finance Department
MARCH 20, 2007 PAGE 3
6.4 Approve Exoneration of Surety Bond No. 6042559 in the Amount of
$500,000 and Surety Bond No. 6023789 in the Amount of $78,928
Posted by Pulte Home Corp. for Tract 52267 to Complete Off -Site
Public Improvements and Sewer Improvements.
Recommended Action: Approve.
Requested by: Public Works Department
6.5 Appropriate $61,000 of the General Fund Balance Reserve
(Restricted from the Previous Sale of Prop. A Funds) to FY 2006/07
Public Works Budget for the State Route 57/60 Freeway Congestion
Relief Strategy and Approve Contract Amendment with Sasaki
Transportation Services in the Amount of $61,000 for Professional
Services Related to State Route 57/60 Freeway Congestion Relief
Strategy.
Recommended Action: Appropriate and Approve
Requested by: Public Works Department
6.6 Approve for Second Reading by Title Only, Waive Full Reading of
Ordinance No. 02(2007), 03(2007) and 04(2007) for the Proposed
Project Known as South Pointe West Development Consisting of
a 99 Single Family Residential Subdivision, a Public Park and Open
Space Areas on Approximately 34.52 Acres Generally Located South
of Larkstone Dr., East of Morning Sun Ave. (Assessors Parcel
Number 8765-005-01, 02, 03 and 07, and Portions of 8765-005-905
and 8763-026-901).
(a) Ordinance No. 02(2007): Approving Development Agreement
No. 2005-01.
Recommended Action: Approve Second Reading, Waive Full Reading
and Adopt.
(b) Ordinance No. 03(2007): Approving Zone Change No. 2006-03,
Changing the Zoning District from R-15,000 and RPD 10,000 to
Specific Plan (SP) for the Project and Recreation (REC) for the Future
Park.
Recommended Action: Approve Second Reading, Waive Full Reading
and Adopt.
MARCH 20, 2007 PAGE 4
(c) Ordinance No. 04(2007) Approving Specific Plan No. 2005-01 for
the Project Area.
Recommended Action: Approve Second Reading, Waive Full Reading
and Adopt.
Requested by: Community Development Department
6.7 Approve Contract with EDAW, Inc. to Provide Environmental
Consulting Services to the City for Review of the Aera Energy LLC
Project ($307,435) and Authorize a 10% Contingency to be Approved
by the City Manager for a Total Authorization of $337,435.
Recommended Action: Approve.
Requested by: City Manager
6.8 Draft Fiscal Impact Analysis of the Proposed Aera Energy
Development Project.
Recommended Action: Receive and file draft document.
Requested by: City Manager
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. 6.1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 13, 2007
CALL TO ORDER:
Acting Chairperson Nolan called the meeting to order at 7:03 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance.
Present: Commissioners Kwang Ho Lee, Osman Wei, and Acting
Chairperson Kathleen Nolan
Absent: Vice Chairman TonyTorng and Chairman Steve Nelson
were excused.
Also present: Nancy Fong, Community Development Director; Ann
Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney, Linda Smith,
Development Services Associate and Stella Marquez, Senior Administrative
Assistant.
2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered.
3 APPROVAL OF AGENDA: As Submitted
4
CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of February 13, 2007.
CMei moved, C/Nolan seconded to approve the Minutes of February 13,
2007, as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
5. OLD BUSINESS: None
Wei, AChair/Nolan
None
Lee
VC/Torng, Chair/Nelson
FEBRUARY 13, 2007
PAGE 2 PLANNING COMMISSION
6. NEW BUSINESS: None
7.
CONTINUED PUBLIC HEARINGS:
7.1 Conditional Use Permit No 2004-17(2) and Tree Permit No. 2004-10 — in
accordance to Sections 22.48 and 22.66.050 of the Diamond Bar Municipal
Code, the applicant requested a one-year extension of time approval to
begin construction on the previously approved application to construct an
approximate 1,382 square foot two-story addition with 990 square foot two-
story balcony and patio cover colonnade in the rear of an existing single-
family residence. The request also included the removal and replacement of
protected/preserved oak and walnut trees to grade and construct the series
of retaining walls in areas of varying topography from two to seven feet
exposed height. The grading and walls create a new pad for a basketball
court, swimming pool and spa. Staffs Development Review No. 2004-17(1)
approval deleted the guesthouse on November 18, 2005.
PROJECT ADDRESS: 2800 Steeplechase Lane
Diamond Bar, CA 91765
PROPERTY OWNER: Robert and Mary Chang
2800 Steeplechase Lane
Diamond Bar, CA 91765
APPLICANT: Kent Wu
1274 E. Center Court Drive #211
Covina, CA 91724
And
Focus Engineering, Inc.
25 Mauchly #317
Irvine, CA 92618
DSA/Smith presented staffs report and recommended Planning Commission
approval of a one-year extension for Development Review No. 2004-17(2)
and Tree Permit No. 2004-10, Findings of Fact, and conditions of approval
as listed within the resolution.
AC/Nolan opened the public hearing.
FEBRUARY 13, 2007 PAGE 3 PLANNING COMMISSION
Kent Wu, applicant requested the Planning Commission approve the one-
year extension and offered to answer questions.
AC/Nolan closed the public hearing.
C/Lee moved, C/Wei seconded to approve a one-year extension for
Development Review No. 2004-17(2) and Tree Permit No. 2004-10, Findings
of Fact, and conditions of approval as listed within the resolution. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
7.2 Conditional Use Permit No. 2006-16 and Development Review
No. 2006-36 — In accordance to Sections 2258, 22.48 and 22.42 of the
Diamond Bar Municipal Code, this was a request to install and co -locate a
wireless telecommunications facility #LA0454A with six antenna mounted on
a new structurally modified park light pole consistent with the City Council's
Capital Improvement Project (CIP) for Sports Field Lighting at Peterson Park
and to construct an enclosed equipment building to match existing park
facilities.
PROJECT ADDRESS:
PROPERTY OWNER
Peterson Park
24142 E. Sylvan Glenn Road
Diamond Bar, CA 91765
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
APPLICANT: Royal Street Communications
c/o Core Communications
Ms. Maree Hoeger
2923 Saturn Street #A
Brea, CA 92821
DSA/Smith presented staffs report and recommended Planning Commission
approval of Conditional Use Permit No. 2006-16 and Development Review
No. 2006-36, Findings of Fact, and conditions of approval as listed within the
resolution.
FEBRUARY 13, 2007
PAGE 4 PLANNING COMMISSION
AC/Nolan opened the public hearing.
Maree Hoeger, representing the applicant, explained the project and asked
for Commission approval.
AC/Nolan closed the public hearing.
C/Wei moved, C/Lee seconded, to approve Conditional Use Permit
No. 2006-16 and Development Review No. 2006-36, Findings of Fact, and
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Wei, Lee, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
7.3 Development Review No. 2006-28 and Tree Permit NO. 2006-07 — In
accordance to Sections 22.48, 22.42 and 22.38 of the Diamond Bar
Municipal Code, this was a request to demolish an existing home of
approximately 5,000 square feet and construct a new home of approximately
23,996 square feet with four levels, a seven car garage and viewing lounge.
This request also included a tennis court, 935 square foot second house and
retaining walls not to exceed an exposed height of seven feet. The
Development Review is a design/architectural review. The Tree Permit is
required for the preservation of California pepper and walnut trees.
PROJECT ADDRESS: 2260 Indian Creek Road
Diamond Bar, CA 91765
PROPERTY OWNER:
Mr. and Mrs. Derek Lee
2260 Indian Creek Road
Diamond Bar, CA 91765
APPLICANT: ConDocS, Inc.
Aaron Walker
4531 Belham Court
Westlake Village, CA 91361
FEBRUARY 13, 2007 PAGE 5 PLANNING COMMISSION
AssocP/Lungu presented staffs report and recommended Planning
Commission approval of Development Review No. 2006-28 and Tree Permit
No. 2006-07, Findings of Fact, and conditions of approval as listed within the
resolution.
Aaron Walker and Todd Spiegel, architects, offered to respond to
Commissioner's questions.
Mr. Walker responded to C/Wei that the square footage of the second house
was reduced to 895 square feet. C/Wei asked that a condition be added to
clarify acceptance by the adjacent neighbor of the stockpiled dirt.
AC/Nolan opened the public hearing.
Khalid Javaid, 2250 Indian Creek Road, east of the project said he was
concerned about retaining walls along the driveway area, drainage, water
runoff, erosion, noise and pollution during construction, and loss of his view
and wanted to be sure that the City had addressed these issues prior to
approval.
AC/Nolan closed the public hearing.
CDD/Fong responded to Mr. Javaid that Condition 12 of the resolution
addresses the drainage issue; Condition 10 includes strict requirements for
pollution discharge and erosion during construction. The proposed home
has two viewable levels from the street; the rear property terraces down to
reveal four levels, and Diamond Bar has no view protection ordinance. Noise
during construction is covered by a temporary condition within the resolution.
C/Lee moved, C/Wei seconded to approve Development Review
No. 2006-28 and Tree Permit No. 2006-07, Findings of Fact, and conditions
of approval as listed within the resolution with the addition of a condition to
require the recipient of the exported dirt within the adjacent lot must obtain
the necessary permits from the City; and, with the elimination of Condition 3
on page 5. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, AC/Nolan
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: VC/Torng, Chair/Nelson
FEBRUARY 13, 2007 PAGE 6 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Lee expressed condolence to the family of Council Member Bob Zirbes, a great
man with deep courage and conviction of his beliefs, whom he has admired and
respected. Diamond Bar has lost a great public servant and human asset. He will
live in the memory of the residents and the City for years to come.
C/Wei offered his condolence to the family of Council Member Bob Zirbes and said
he admired his courage and the work he has done for the City on behalf of the
residents. He wished everyone a Happy Valentine's Day.
AC/Nolan expressed her sympathy to the Zirbes family. Bob Zirbes was a close
personal friend of hers and her husband Dan. Bob was personally responsible for
helping her and Dan, a former Planning Commissioner, to get back on track with
their volunteerism after their children were grown. Bob was dedicated in his service
to the Diamond Bar Improvement Association and in particular, Paint the Town and
Classic Car Show events. Last year she chaired the Classic Car Show to allow Bob
a respite to help him fight through his illness. She and others will continue to pursue
City activities, as Bob would want them to do. As such, this years proceeds will be
donated to the City of Hope in his name and the show will be dedicated to him.
9. STAFF COMMENTS/INFORMATIONAL ITEMS.
9.1 Public Hearing dates for future projects.
CDD/Fong reported that services for Bob Zirbes would be held on Friday.
Commissioners Nolan and Wei are scheduled to participate in the Planners Institute
in San Diego March 21, 22 and 23. She also believed that VC/Torng was planning
to attend and wanted to know if C/Lee would be attending. C/Lee responded that
he would not be able to attend.
CDD/Fong announced that there would be a study session on February 27. 2007, at
6:00 p.m. with CM/DeStefano reporting on potential future development in Diamond
Bar.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
FEBRUARY 13, 2007 PAGE 7 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
AC/Nolan adjourned the regular meeting at 7.43 p.m.
Attest:
Respectfully Submitted,
Nancy Fong�velppl4nt
Community Director
kathieen Nolan, Acting Chairman
Agenda No. 6 .2
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
FEBRUARY 8, 2007
CALL TO ORDER:
Vice Chair Shay called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Ma nag ement/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Lin led the Pledge of Allegiance.
ROLL CALL: Commissioners Jimmy Lin, Kenneth Mok and Vice
Chairman Michael Shay
Absent: Commissioner Liana Pincher and Chairman Jack
Shah were excused.
Also Present: David Liu, Public Works Director; Rick Yee, Senior
Engineer; Kimberly Molina, Associate Engineer,
Erwin Ching, Junior Engineer, and Marcy Hilario,
Senior Administrative Assistant.
APPROVAL OF MINUTES:
Minutes of the November 9, 2006 meeting
C/Lin moved, C/Mok seconded to approve the minutes as presented. Motion carried
by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
PUBLIC COMMENTS:
CONSENT CALENDAR:
IV. ITEMS FROM STAFF
Lin, Mok, VC/Shay
None
Pincher, Chair/Shah
None Offered
None
A. Traffic Enforcement Update - Received and filed on the following items:
1. Citations: November and December 2006; January 2007
2. Collisions: November and December 2006; January 2007
3. Street Sweeping: November and December 2006; January 2007
FEBRUARY 8, 2007 PAGE 2 T&T COMMISSION
V. OLD BUSINESS:
A. Neighborhood Traffic Management Program Pilot Projects
AE/Molina reported on the status of the Neighborhood Traffic Management
Program Pilot Project. On February 6t', the City Council approved staff's
recommendations to approve modifications to the existing Neighborhood
Traffic Management Program Pilot Project areas as identified and continue to
monitor the program over the next five months at which time additional speed
and volume data would be collected. Once a thorough engineering analysis is
completed, staff will return to Council with a final report of the pilot projects.
Council also approved staffs recommendations that the City Council receive
and file the presentation, approve the proposed modifications, direct staff to
continue engineering evaluation of the pilot projects, and approve the
modifications to the Neighborhood Traffic Management Program Manual and
Guidelines.
VC/Shay asked staff to respond to residents asking why the City would not
merely install stop signs rather than implement costly mitigation tools.
DPW/Liu responded that stop signs are traffic control devices, not traffic
calming devices as the project tools are intended to be. In addition, in order
for the City to place stop signs, a warrant study is conducted to see if certain
criteria can be met. The intent of the Neighborhood Traffic Management
Program is to address specific neighborhood traffic issues such as speeding
and cut -through traffic and in order to do that, the City has to use traffic
calming tools such as speed cushions, traffic circles, etc.
PWD/Liu responded to VC/Shay that there are many factors involved when
considering whether traffic -calming devices tend to damage vehicles such as
the type of vehicle, the speed at which one traverses a calming device and so
forth. However, these devices have been used successfully for a number of
years by many other jurisdictions and are accepted standards of practice.
C/Mok asked if the public was advised about why certain gaps were left
between calming devices. DPW/Liu responded that individuals who
participated in the public meetings, workshops, and the most recent open
house were informed and there was extensive public outreach to the affected
residents of the five areas.
C/Lin said he concurred with staff about the devices being used to calm traffic.
People are resistant to change and when they first see these types of devices
they feel inconvenienced. After a while, they become used to the devices and
opposition diminishes over time. A very comprehensive nationwide study
reveals that if cities install stop signs at intersections where they are not
warranted, it actually increases the speed of traffic between stop signs.
DPW/Liu is correct that a stop sign is not a traffic -calming device.
FEBRUARY 8, 2007 PAGE 3 T&T COMMISSION
C/Mok inquired about residents having stated that they did not receive notices
from the City regarding any meetings or providing any information about the
pilot project. PWD/Liu responded to C/Mok stating that the City sends
information in the form of individual notices and Diamond Bar Newsletters.
Recommendation: Receive and file.
VI. NEW BUSINESS: None
VII. STATUS OF PREVIOUS ACTION ITEMS None
VIII. ITEMS FROM COMMISSIONERS
C/Mok thanked staff for their hard work on the NTMP.
VC/Shay and C/Lin echoed C/Mok's sentiments.
IX. INFORMATIONAL ITEMS
A. Caltrans 57/60 Freeway Construction Project
SE/Yee reported that Caltrans expects to have the HOV lanes open this
month. The westbound Brea Canyon on-ramp was re -opened January 19th.
B. Grand Avenue Improvements Project — Phase II
SE/Yee stated that Phase II has been completed and a walk-thru is scheduled
for next week.
C. Industry's Grand Avenue Bride Widening/Interchange Project
SE/Yee reported that the project team is putting together a strategy on how to
approach Caltrans to gain their support for one of the preferred alternatives in
order to be able to compete for transportation funds.
D. Lemon Avenue On/Off Ramps Project
PWD/Liu reported that the application is requesting MTA to utilize regional
grants to pay for construction engineering and costs of the improvements
being designed for this project. SE/Yee stated that federal appropriations
have been set aside for the project and there is a balance of the project that is
currently unfunded.
E. Prospectors Road Street Rehabilitation Project
AE/Molina reported that changes within the February 6' budget amendment
call for adding a portion of landscaping along Prospectors Road, which will be
included in the rehab project requiring adjustments to plans and specs before
going out to bid the beginning of March.
FEBRUARY 8, 2007 PAGE 4 T&T COMMISSION
F. Washington Street Cul -de -Sac
AE/Molina stated that this project should go out to bid within the next two
weeks.
G. Brea Canyon Road ACE Grade Separation Project
SE/Yee reported that Brea Canyon was closed from Washington Street to
Spanish Lane. The road closure will be extended to Lycoming mid-March for a
period of two weeks to provide MWD an opportunity to conduct pipe work.
Once the pipe work is completed, the closure will revert back to Washington
Street to Spanish Lane. Completion schedule has been extended to Summer,
2008.
H. SR57/60 Feasibility Study
PWD/Liu reported that, in all likelihood, the study would not be ready until
summer because the consultant was waiting for the completion of the HOV
project to collect more accurate traffic data.
Pomona Valley Intelligent Transportation System (PVITS)
SE/Yee reported that the City held its first contract negotiation meeting with
Transcore, the preferred consultant. Staff hopes to go to City Council for
award of contract the first meeting in April.
At the request of Chair/Shah AE/Molina reported on staff's responses to an email
from Mr. Lal regarding the NTMP Pilot Project as it related to Jubilee Lane and
Rancheria.
X. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda.
PWD/Liu introduced new staff member Erwin Ching, Junior Engineer.
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, VC/Shay adjourned the meeting at 7:55 p.m. in memory of
Council Member Bob Zirbes.
R77!aI
vid . Liu, Secretary
Attest:
4 f
Vice hair Michael ay
Agenda # C, _ j
Meeting Date: March 20, 2007
CITY COUNCIL ""�.._ i 1
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mang
TITLE: Ratification of Check Register dat d March 1, 2007 through March 14,
2007 totaling $502,425.12.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $502,425.12 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 March 1, 2007 through March 14,
2007 for $502,425,12 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:
_
Finance ector Assistant City Manager
Attachments: Affidavit and Check Register — 03/01/07 through 03/14/07.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated March 1, 2007 through March 14, 2007 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Description Amount
General Fund
$446,776.02
Community Organization Support Fd
50.00
Prop A - Transit Fund
5,323.39
Int. Waste Mgt Fund
6,981.89
AB2766-AQMD Fund
1,355.34
CDBG Fund
2,429.98
Capital Improvement Project Fund
39,508.50
$502,425.12
Signed:
Li da G. Magnus
Finance Director
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
3/8/2007
06600008
PAYROLL TRANSFER
PIR TRANSFER - PP5
115
10200
6,638.14
$138,807.26
3/8/2007
74511
PAYROLL TRANSFER
PIR TRANSFER - PP5
118
10200
1,355.34
$297.00
3/8/2007
PAYROLL TRANSFER
P/R TRANSFER - PP5
125
10200
869.98
3/8/2007
74512
PAYROLL TRANSFER
PIR TRANSFER - PP5
001
10200
124,620.41
$441.00
3/8/2007
PAYROLL TRANSFER
112
10200
5,323.39
3/1/2007
74510
JAARP
IMATURE DRIVING CLASS
1 0015350
1 45300 1
190.001
$190.00
3/1/2007
TINA CHANG
CONTRACT CLASS -WINTER
0015350
1 45320
1 54.00
3/1/2007
74511
JABRAKADOODLE CORP
CONTRACT CLASS -WINTER
1 0015350
1 45320 1
297.001
$297.00
3/1/2007
74512
JAGI ACADEMY CORP
CONTRACT CLASS -WINTER
1 0015350
1 45320 1
441.001
$441.00
3/1/2007 1
74513
ICHRISTINE ANN ANGELI
CONTRACT CLASS -WINTER
1 0015350
1 45320 1
78.001
$78.00
3/1/2007
74514
IBEAR STATE AIR CONDITIONING SVCS IN
MAINT-HERITAGE PK
1 0015340
1 42210 1
702.501
$702.50
3/1/2007
74515
IBLUESKY CAFE
MTG SUPPLIES-H/R
1 0014060 1
42325 1
42.221
$42.22
3/1/2007 1
74516
JBNI BUILDING NEWS
SUPPLIES -COMM SVCS
1 0015340 1
41200 1
760.241
$760.24
3/1/2007
74517
ICAROL HERRERA
IPER DIEM -LEAGUE CONF
1 0014010 1
42330 1
210.00
$210.00
3/1/2007
74518
ICENTER ICE SKATING ARENA
ICONTRACT CLASS -WINTER
0015350 1
45320 1
168.001
$168.00
3/1/2007
74519
TINA CHANG
CONTRACT CLASS -WINTER
0015350
45320
126.00
$180.OD
3/1/2007
TINA CHANG
CONTRACT CLASS -WINTER
0015350
1 45320
1 54.00
3/1/2007
74520
CINGULAR WIRELESS
CELL CHRGS-POOL VEH
0014090
42125
46.63
$91.45
3/1/2007
CINGULAR WIRELESS
CELL CHRGS-POOL VEH
0014090
42125
21.03
3/1/2007
74522
CINGULAR WIRELESS
CELL CHRGS-POOL VEH
0014090
42125
23.79
$52.00
3/1/2007 1
74521
IWILLA CLARK
JPK REFUND -DBC
1 001
1 36615
450.00
$450.00
3/1/2007
DAY & NITE COPY CENTER
PRINT SVCS-P/WORKS
0015510
1 42110
98.51
3/1/2007 1
74522
ILOS ANGELES COUNTY PUBLIC WORKS
PUBLICATIONS-P/WORKS
0015510
1 42320 1
52.001
$52.00
3/1/2007
74523
JDAY & NITE COPY CENTER
PRINT SVCS-P/WORKS
0015510
42110
164.54
$436.25
3/1/2007
DAY & NITE COPY CENTER
PRINT SVCS-P/WORKS
0015510
1 42110
98.51
Page 1
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date
Check Number
Vendor Name Transaction Description
Fund/ Dept
Acct #
Amount Total Check Amount
3/1/2007
74523...
DAY & N1TE COPY CENTER PRINT SVCS-P/WORKS
0015510
42110
173.20 $436.25.
3/1/2007
74524
DENNIS CAROL
PROF.SVCS-WCCA MTG
0014030
44000
200.00
$375.00
3/1/2007
DENNIS CAROL
PROF.SVCS-CNCL MTG
0014030
44000
175.00
3/1/2007
74525
IDIAMOND BAR FRIENDS OF THE LIBRARY
PARK REFUND -DBC
1 001
1 23002 1
100.001
$100.00
3/1/2007
DOG DEALERS INC
CONTRACT CLASS -WINTER
0015350
45320
211.60
3/1/2007
74526
JDMS CONSULTANTS CIVIL ENGINEERS INC
CONSTRCTN SVCS -GRAND AVE
1 2505510
1 46411 1
2,145.001
$2,145.00
3/1/2007
74527
DOG DEALERS INC
CONTRACT CLASS -WINTER
0015350
45320
63.60
$479.40
3/1/2007
DOG DEALERS INC
CONTRACT CLASS -WINTER
0015350
45320
211.60
3/1/2007
74529
DOG DEALERS INC
CONTRACT CLASS -WINTER
0015350
45320
204.20
$350.00
3/1/2007 1
74528
JDAVID DOYLE
IPER DIEM -LEAGUE CONF
0014030
1 42330 1
315.001
$315.00
3/1/2007
EVERGREEN INTERIORS
PLANT MAINT-DB LIBRARY
0014090
1 42210
100.00
3/1/2007 1
74529
IRONALD EVERETT
IPER DIEM -LEAGUE CONF
0014010
1 42330 1
350.001
$350.00
3/1/2007
74530
EVERGREEN INTERIORS
PLANT MAINT-CITY HALL
0014090
42210
215.00
$315.00
3/1/2007
EVERGREEN INTERIORS
PLANT MAINT-DB LIBRARY
0014090
1 42210
100.00
3/1/2007
74531
1EXTERIOR PRODUCTS INC
SUPPLIES -RECREATION
1 0015350
41200
554.091
$554.09
3/1/2007
GRAND MOBIL IVEH
MAINT-ROAD MAINT
0015554
1 42200
38.66
311/2007
74532
IGATEWAY FRIENDS CHURCH
JPK REFUND -HERITAGE
1 001
23002
50.001
$50.00
3/1/2007
74533
GRAND MOBIL
VEH MAINT-COMM SVCS
0014090
1 42200
48.69
$87.35
3/1/2007
GRAND MOBIL IVEH
MAINT-ROAD MAINT
0015554
1 42200
38.66
3/1/2007
74534
IGRENLOCH MULTIMEDIA PRODUCTIONS
ICONSULTANT SVCS-A/V
1 0014095
1 44000 1
1,400.001
$17400.00
3/1/2007
HINDERLITER, DE LLAMAS & ASSOCIATES
AUDIT SVCS -SALES TAX 3RD
0014090
44010
2,669.55
3/1/2007 1
74535
JALEXANDRA HARADA
JPK REFUND -DBC
1 001
1 23002 1
500.Ool
$500.00
3/1/2007 1
74536
ILEW HERNDON
PER DIEM -CPRS CONF
0015350
1 44100 1
140.00
$140.00
3/1/2007
74537
IHINDERLITER, DE LLAMAS &ASSOCIATES
CONTRACT SVCS -1ST QTR
0014090
44010
900.00
$3,569.55
3/1/2007
HINDERLITER, DE LLAMAS & ASSOCIATES
AUDIT SVCS -SALES TAX 3RD
0014090
44010
2,669.55
3/1/2007 74538 HIRSCH PIPE AND SUPPLY INC MAINT-PARKS 0015333 1 41200 1 48.721 $48.72
Page 2
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
3/1/2007
74540
JENKINS & HOGIN, LLP
LEGAL SVCS -SCRIBBLES JAN
0014020
44021
960.91
Total Check Amount
Check Date
Check Number
Vendor Name
LEGAL SVCS -JAN 07
Transaction Description
44020
Fund/ Dept
Acct #
Amount
74547
JENKINS & HOGIN, LLP
LEGAL SVCS -COMM SVCS JAN
0014020
44020
33.20
$350.00
$880.00
3/1/2007
74539 JINLAND
ROUNDBALL OFFICIALS
OFFICIAL SVCS -FEB 07
1 0015350 1
45300 1
880.00
3/1/2007
74540
JENKINS & HOGIN, LLP
LEGAL SVCS -SCRIBBLES JAN
0014020
44021
960.91
$7,034.91
3/1/2007
JENKINS & HOGIN, LLP
LEGAL SVCS -JAN 07
0014020
44020
2,091.60
3/1/2007
74547
JENKINS & HOGIN, LLP
LEGAL SVCS -COMM SVCS JAN
0014020
44020
33.20
$350.00
3/1/2007
JENKINS & HOGIN, LLP
LEGAL SVCS-P/WORKS JAN
0014020
44020
929.60
3/1/2007
74548
JENKINS & HOGIN, LLP
PK REFUND -SCE JAN
0014020
44020
432.00
$50.00
3/1/2007
JENKINS & HOGIN, LLP
PK REFUND-AERA ENERGY
0014020
44021
330.00
3/1/2007
74549
JENKINS & HOGIN, LLP
LEGAL SVCS -COM DEV JAN
0014020
44020
2,257.60
3/1/2007
7451.1
KIDZ LOVE SOCCER
CONTRACT CLASS -WINTER
0015350
45320
833.40
$2,430.00
3/1/2007
KIDZ LOVE SOCCER
CONTRACT CLASS -WINTER
0015350
45320
1,596.60
3/1/2007 1 74542 IRUTH KIM JPK REFUND -DBC 1 001 1 23002 1 500.00 $500.00
3/1/2007
74543
HORN AND ASSOCIATES INC
REHAB PROJ-PROSPECTORS
2505510
R46411
2,562.00
$4,000.00
3/1/2007
IKIMLEY
KIMLEY HORN AND ASSOCIATES INC
REHAB PROJ-PROSPECTORS
2505510
R46411
1,438.00
3/1/2007 1 74544 IL R LOCKSMITHING MAINT-HIR 0014060 1 41200 1 89.201 $89.20
3/1/2007
74545
LEAGUE OF CALIFORNIA CITIES
LEAGUE MTG-CMGR
0014030
42325
35.00
$140.00
3/1/2007
LEAGUE OF CALIFORNIA CITIES
LEAGUE MTG-COUNCIL
0014010
42325
35.00
3/1/2007
74547
LEAGUE OF CALIFORNIA CITIES
LEAGUE MTG-COUNCIL
0014010
42325
35.00
$350.00
3/1/2007
LEAGUE OF CALIFORNIA CITIES
LEAGUE MTG-COUNCIL
0014010
42325
35.00
3/1/2007 1
74546
IJIN LIM LEE
RECREATION REFUND
001
134740 1
59.00
$59.00
3/1/2007 1
74547
IKAREN LEOS
JPK REFUND -DBC
1 001
1 23002 1
350.001
$350.00
3/1/2007 1
74548
LORBEER MIDDLE SCHOOL
ICOMM ORG SUPPORT FUND
1 0114010
1 42355 1
50.001
$50.00
3/1/2007 1
74549
LOS ANGELES COUNTY PUBLIC WORKS
TRAFFIC MAINT-DEC 06
0015554
1 45507 1
845.771$845.77
3/1/2007 1
74550
ILOS ANGELES COUNTY PUBLIC WORKS
SEWER LINE SVCS -PARKS
0015340
1 45300 1
177.50
$177.50
3/1/2007 1
74551
ILOS ANGELES COUNTY SHERIFF'S DEPT.
ISTAR SVCS -JAN 07
0014411
1 45401 1
9,224.11
$9,224.11
Page 3
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date I Check Number
Vendor Name
Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount
3/1/2007
74552
JIMANAGED HEALTH NETWORK
IMAR 07 -EAP PREMIUMS001
001
21115 1
147.34
$147.34
3/1/2007
PERS HEALTH
ADMIN FEE -MAR 07
0014090
40086
404.00
3/1/2007
74553
EUN JU MIN
PK REFUND -DBC
1 001
1 36615 1
400.00
$400.00
3/1/2007
PRINCE SHANT CORP
FUEL-NGHBRHD IMP
0015230
42310
238.45
3/1/2007
74554
jMUNICIPAL CODE CORPORATION
PUBLICATIONS-CMGR
1 0014030
1 42320 1
166.491
$166.49
3/1/2007
PRINCE SHANT CORP
FUEL -COMM SVCS
0015310
42310
439.23
3/1/2007
74555
NEXTEL COMMUNICATIONS
lArr CHRGS-P/W,CS,CD
0014090
42130 1
590.51
$590.51
3/1/2007
74556
JONTARIO ICE SKATING CENTER
ICONTRACT CLASS -WINTER
0015350
1 45320
172.801
$172.80
3/1/2007
74557
ORANGE COAST FENCING
ICONTRACT CLASS -WINTER
0015350
45320
72.001
$72.00
3/1/2007
74558
TED OWENS
PER DIEM -CPRS CONF
0015350
44100
210.001
$210.00
3/1/2007
74559
ARACELI PEREZ
JPK REFUND -DBC
001
23002 1
500-001
$500.00
3/1/2007
74560
PERS HEALTH
MAR 07 -HEALTH INS PREMS
001
21105
26,007.50
$26,543.74
3/1/2007
PERS HEALTH
ADMIN FEE -MAR 07
0014090
40086
404.00
3/1/2007
74565
PERS HEALTH
ADMIN FEE -MAR 07
0014060
40093
132.24
$585.00
3/1/2007 74561 1POSITIVE PROMOTIONS SUPPLIES -RECREATION 1 0015350 1 41200 172.90 $172.90
3/1/2007
3/1/2007
74562
PRINCE SHANT CORP
FUEL-NGHBRHD IMP
0015230
42310
183.61
$1,709.47
3/1/2007
PRINCE SHANT CORP
FUEL -ROAD MAINT
0015554
42310
232.53
3/1/2007
74565
PRINCE SHANT CORP
FUEL -COMM SVCS
0015310
42310
369.10
$585.00
3/1/2007
PRINCE SHANT CORP
FUEL-NGHBRHD IMP
0015230
42310
238.45
3/1/2007
PRINCE SHANT CORP
FUEL -ROAD MAINT
0015554
42310
246.55
3/1/2007
PRINCE SHANT CORP
FUEL -COMM SVCS
0015310
42310
439.23
3/1/2007
74,963
IRALPHS GROCERY/FOOD 4 LESS
SUPPLIES -RECREATION
0015350
1 41200
1 122.92
$132.92
3/1/2007
RALPHS GROCERY/FOOD 4 LESS
SUPPLIES -RECREATION
0015350
1 41200
10.00
3/1/2007
74564
IMONICA RODRIGUEZ
RECREATION REFUND
001
1 34740
64.00
$64.00
3/1/2007
74565
SHARP SEATING
DEP-ROSE PARADE TCKTS
0015350
1 45310
585.001
$585.00
Page 4
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
3/1/2007
3/1/2007
74566
SKATE EXPRESS
SKATE EXPRESS
CONTRACT CLASS -WINTER
CONTRACT CLASS -WINTER
0015350
0015350
45320
45320
88.00
56.00
$144.00
3/1/2007 1 74567 ISMART & FINAL SUPPLIES -SR BINGO 1 0015350 1 41200 1 188.531 $188.53
3/1/2007 1 74568 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL MAR 1 0014090 1 42140 1 21,810.601 $21,810.60
3/1/2007 1 74569 IJACK SOMERS IRECREATION REFUND 1 001 1 34740 1 15.00 $15.00
3/1/2007
74570
STANDARD INSURNCE OF OREGON
MAR 07 -LIFE INS PREMS
001
21106
1,222.96
$2,727.87
3/1/2007
STANDARD INSURNCE OF OREGON
IMAR 07-STD/LTD
001
21112
1,504.91
3/1/2007
3/1/2007 74572 THE GAS COMPANY GAS
74571
TENNIS ANYONE
CONTRACT CLASS WINTER
0015340
45320
3,437.00
$3,53/1/2007
3/1/2007
TENNIS ANYONE
CONTRACT CLASS -WINTER
700515350
15350
45320
95.90
3/1/2007 1 74573 ITIME WARNER IINTERNET SVCS -HERITAGE PK 1 0015340 1 42126 1 39.951 $39.95
3/1/2007 1 74574 JTRIFYTT SPORTS ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 702.001 $702.00
3/1/2007 1 74575 ISTEVE TYE IPER DIEM -LEAGUE CONF 1 0014010 1 42330 1 280.00 $280.00
3/1/2007
74576
UNITED PARCEL SERVICE
—7SVCS-HERITAGE PARK
0015340
42126
219.78
$1,622.82
3/1/2007
ITHE GAS COMPANY
IGAS SVCS -DBC
0015333
42126
1,403.04
3/1/2007 1 74573 ITIME WARNER IINTERNET SVCS -HERITAGE PK 1 0015340 1 42126 1 39.951 $39.95
3/1/2007 1 74574 JTRIFYTT SPORTS ICONTRACT CLASS -WINTER 1 0015350 1 45320 1 702.001 $702.00
3/1/2007 1 74575 ISTEVE TYE IPER DIEM -LEAGUE CONF 1 0014010 1 42330 1 280.00 $280.00
3/1/2007
74576
UNITED PARCEL SERVICE
EXPRESS MAIL -GENERAL
0014090
42120
21.11
$37.57
3/1/2007
UNITED PARCEL SERVICE
EXPRESS MAIL -GENERAL
0014090
1 42120
1 16.46
3/1/2007 1 74577 JUS POSTAL SERVICE (HASLER) POSTAGE -MAIL SYSTEMS 1 0014090 42120 1 5,000.001 $5,000.00
3/1/2007 74578 IJORGE VERDUGO JPK REFUND -DBC 001 23002 100.00 $100.00
3/1/2007 1 74579 IVERIZON CALIFORNIA PH.SVCS-SYC CYN PK 1 0015340 1 42125 1 95.231 $95.23
3/1/2007
74580
VERIZON WIRELESS -LA
CELL CHRGS-I.T
0014070
42125
50.69
$211.55
3/1/2007
VERIZON WIRELESS -LA
CELL CHRGS-CMGR
0014030
42125
65.37
3/1/2007
VERIZON WIRELESS -LA
CELL CHRGS-EOC
0014440
42125
44.80
3/1/2007
VERIZON WIRELESS -LA
CELL CHRGS-I.T
0014070
42125
50.69
Page 5
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date l Check Number
Vendor Name I Transaction Description I Fund/ Dept I Acct # Amount I Total Check
3/1/2007
74581
VISION SERVICE PLAN
MAR 07 -VISION PREM
001
21107
1,253.06
$1,299.83
3/1/2007
VISION SERVICE PLAN
MAR 07 -VISION PREM
001
21107
46.77
3/1/2007 1
74582
IWALNUT VALLEY WATER DISTRICT
JPK REFUND -DBC
1 001
1 23002
350.001
$350.00
3/1/2007
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
47.06
3/1/2007
74583
ICE HONG WANG
CONTRACT CLASS -WINTER
0015350
45320
540.001
$540.00
3/1/2007
WAXIE SANITARY SUPPLY
SUPPLIES -PARKS
0015340
42210
305.88
3/1/2007
74584
IWARREN SIECKE
ITRAFFIC SIGNAL SVCS -JAN
2505510
1 46412 1
3,400.001
$3,400.00
3/1/2007
74585
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
703.39
$1,152.67
3/1/2007
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
47.06
3/1/2007
74589
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
96.34
$410.00
3/1/2007
WAXIE SANITARY SUPPLY
SUPPLIES -PARKS
0015340
42210
305.88
3/1/2007 74586 WEBROOT SOFTWARE INC ICOMP MAINT-I.T 0014070 1 42205 1,293.00 $1,293.00
3/1/2007
74587
WELLS FARGO BANK
NATL LEAGUE CONF-DOYLE
0014030
42330
530.00
$595.00
3/1/2007
WELLS FARGO BANK
MEMBERSHIP DUES -HIR
0014060
42315
65.00
3/1/2007 1
74588
IWELLS FARGO BANK
INATL LEAGUE CONF-MCLEAN
0014030
1 42330
317.30
$317.30
3/7/2007
BEST WESTERN SUTTER HOUSE
JCPRS CONF-C/S COMMNRS
0015310
42330
748.20
3/1/2007 1
74589
IWELLS FARGO BANK
INAT LEAGUE CONF-COUNCIL
1 0014010
1 42330
410.00
$410.00
3/1/2007
74590
IMARICRES WONG
JPK REFUND -DBC
1 001
1 23002
100.001
$100.00
3/1/2007
74591
PAUL WRIGHT
JAIV SVCS-P/C,CMTG,T/D
1 0014090
1 44000
297.50
$297.50
3/7/2007
74592
BEST WESTERN SUTTER HOUSE
CPRS CONF-COMM SVCS STAFF
0015350
42330
1,247.00
$1,995.20
3/7/2007
BEST WESTERN SUTTER HOUSE
JCPRS CONF-C/S COMMNRS
0015310
42330
748.20
3/8/2007 1 74600 JADAPT CONSULTING INC PRMTNL SUP - RECYCLING 1155516 1 41400 1 243.751 $243.75
3/8/2007
74601
JADVANTEC CONSULTING ENGINEERS INC
PROF SVCS - SIGNAL TIMING
0015510
44000
1,971.60
$6,771.60
3/8/2007
ADVANTEC CONSULTING ENGINEERS INC
PROF SVCS - SGNL WARRANTS
1 0015551
45222
4,800.00
3/8/2007 1 74602 JALL WEATHER ROOFING IHIP - 2480 SUNBRIGHT 1 1255215 1 44000 1 1,060.001 $1,060.00
Page 6
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date
Check Number Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
381.91
Total Check Amount
3/8/2007
74603 AMERICAN MESSAGING
EQUIP RNTL - 03/07-05/07
0014090
1 42130
99.53
42210
$99.53
3/8/2007 74604 JARAMARK WORK APPAREL & UNIFORM SVCS IRD MAINT - UNIFORMS 1 0015554 1 41250 214.22 $214.22
3/8/2007 1 74605
3/8!2007
3/8/2007 1 74606 AT & T
3/8/2007 AT & T
WORK APPAREL & UNIFORM SVCS CS UNIFORM SVCS
WORK APPAREL & UNIFORM SVCS ICS -UNIFORM SVCS
ERAL - PHONE SVCS
ERAL - PHONE SVCS
0015310 1 42130
0015310 42130
0014090 I 42125
0014090 42125
26.751 $53.50
26.75
$43.21
3/8/2007
74607
IBENESYST
PAYROLL DED - PP5
001
21105
381.91
$5,195.76
$381.91
3/8/2007
74608
BEST LIGHTING PRODUCTS
IPARKS MAINT - SYC CYN PK
0015340
42210
130.00
3/8/2007 1
$130.00
3/8/2007 1 74609 CHRIS BLASNEK
3/8/2007 CHRIS BLASNEK
3/8/2007 1 74610 BUSINESS TELECOMMUNICATION SYS INC.
3/8/2007 BUSINESS TELECOMMUNICATION SYS INC.
DIEM -OTS CONFI 0014411 42330 5,500.
DIEM -OTS CONF 0014411 42330 -5,500.
PHONE EQUIP - MAINT 0014070 42125
PHONE EQUIP - MAINT 0014070 42125
3/8/2007
74611
ICORNERSTONE BIBLE COMMUNITY CHURCH
ICONTR CLASS INSTR-FALL 06
0015350
45320
5,195.761
$5,195.76
3/8/2007 1
74612
CRAFCO INC
ROAD MAINT - SUPPLIES
0015554
1 41250
562.46
$562.46
3/8/2007
74613
CSUS/OTS SUMMIT
JOTS CONF - BLASNEK
1 0014411
42330
250.001
$250.00
_____APEER
3/8/2007
74614
TDROSENBLIT & LITVAK LLP
IPROF SVCS- CODE ENF 1/07
0015230
1 45213
843.551$843.55
3/8/2007
74615
JDAY & NITE COPY CENTER
PLNG - PRINTING SVCS
1 0015210
1 42110
320.421
$320.42
3/8/2007
74616
IDELTA CARE PMI
DNTL PREMIUMS - 03/07
001
1 21104 1
387.951
$387.95
3/8/2007 1 74617 DELTA DENTAL
3/8/2007 DELTA DENTAL
PREMIUMS -MARCH 001 21104 2,542,
A PREMIUMS -MARCH 001 21104 188.
$2,731.41
3/8/2007 1 74618 DENNIS CAROL PROF SVC-PLNG COM 1/23 0015210 44000 225.00 $300.00
3/8/2007 DENNIS CAROL PROF SVC-PLNG COM 2/13 0015210 44000 75.00
Page 7
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
3/8/2007 1 74619 IDIRECT CONNECTION INCORP JNTMP NOTICES - MAILING 0015510 1 42115 1 271.171 $271.17
3/8/2007 74620 IEVERGREEN INTERIORS IPLANT SVCS - DBC 0015333 1 45300 1 165.001 $165.00
3/8/2007
74621
FEDERAL EXPRESS
EXPRESS MAIL - GEN GOVT
0014090
1 42120
22.31
$142.11
3/8/2007
FEDERAL EXPRESS
EXPRESS MAIL - GEN GOVT
0014090
1 42120
119.80
3/8/2007 1
74622
1EXPRESS TEL
ILONG DIST SVCS -02/07
1 0014090
1 42125 1
58.611
$58.61
3/8/2007
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 02-63
001
23010
317.50
3/8/2007 1
74623
IGO LIVE TECHNOLOGY INC
JCONSULTANTFEBIMAR 07
1 0014070
1 44000 1
4,875.001
$4,875.00
3/8/2007
INLAND VALLEY DAILY BULLETIN
LEGAL AD FPL 06-232
001
23010
160.00
3/8/2007 1
74624
IGRAPHICS UNITED
PRINT SVCS-REC GUIDE
1 0014095
1 44000 1
8,196.001-$8,196.00
$287.72
3/8/2007
INLAND VALLEY DAILY BULLETIN
LEGAL AD-CRESTLINE
0015210
42115
201.25
3/8/2007 1
74625
IHIRSCH & ASSOCIATES INC.
IDESIGN SVC-SYC CYN
1 2505310
1 R46415 1
3,262.501
$3,262.50
3/8/2007 1
74626
JINLAND EMPIRE MAGAZINE
IMAR 07 ADS -DBC
1 0014095
1 42115 1
1,095.001
$1,095.00
3/8/2007 1
74627
JINLAND ROUNDBALL OFFICIALS
1OFFICIAL SVC -MAR 07
1 0015350
1 45300 1
480.001
$480.00
3/8/2007
74628
INLAND VALLEY DAILY BULLETIN
LEGAL AD FPL 06-247
001
23010
190.00
$1,475.00
3/8/2007
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 02-63
001
23010
317.50
3/8/2007
74630
INLAND VALLEY DAILY BULLETIN
LEGAL AD FPL 04-83
001
23010
160.00
$100.00
3/8/2007
INLAND VALLEY DAILY BULLETIN
LEGAL AD FPL 06-232
001
23010
160.00
3/8/2007
74631
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 06-224
001
23010
225.00
$287.72
3/8/2007
INLAND VALLEY DAILY BULLETIN
LEGAL AD-CRESTLINE
0015210
42115
201.25
3/8/2007
1 JINLAND
VALLEY DAILY BULLETIN ILEGAL
AD -FPL 06-219
001
23010
221.25
$350.00
3/8/2007 1
74629
IJUDICIAL DATA SYSTEMS CORPORATION
PRKING CITE ADMN 01/07
0014411
1 45405 1
1,019.641
$1,019.64
3/8/2007 1
74630
ILIGHTING RESOURCES LLC
RECYCLING SVC -BATTERY
1155515
1 44000 1
100.001
$100.00
3/8/2007 1
74631
IMANCHESTER GRAND HYATT
OTS CONF-BLASNEK
0014411
1 42330 1
287.721
$287.72
3/8/2007 1
74632
IRYAN MCLEAN
IPER DIEM-NLC CONF
0014030
1 42330 1
350.001
$350.00
3/8/2007
74633
1 MSA -LA & OA CHAPTER
IRD MAINT TRNG-STAFF
0015551
1 42340 1
190.001
$190.00
Page 8
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
$21,865.91
3/8/2007
1 74634 JMZN CONSTRUCTION INC HIP PROG-20827 CLIFFSIDE 1255215 44000 500.0-0-F—$500.00
0015340
1 42210
3/8/2007 1
74635
OLYMPIC STAFFING SERVICES
TEMP SVCS -02/18/07
0015310
44000
158.88
$158.88
3/8/2007
3/8/2007 1
74636
74637 JPAETEC
ORKIN PEST CONTROL INC IGOPHER
COMMUNICATIONS INC.
CONTROL-SYC CYN
LONG DIST SVC -GENERAL
0015340 1
0014090 1
42210
42125
75.00
853.211
$75.00
$853.21
3/8/2007
3/8/2007
3/8/2007
74638
PERS RETIREMENT FUND
PERS RETIREMENT FUND
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
RETIRE CONTRIB-EE
SURVIVOR BENEFIT
001
001
001
21109
21109
21109
13,358.62
8,461.72
45.57
3/8/2007
$21,865.91
1 3/8/2007 1 74639 IPOMONA JUDICIAL DISTRICT PRKG CITATION FEE -JAN 07 1
2,825.001 $2,825.001
3/8/2007
74640
PROTECTION SERVICE INDUSTRIES LP
ALARM SVC -DBC
0015333
42210
52.50
3/8/2007
3/8/2007
PROTECTION SERVICE INDUSTRIES LP
JALARM SVC -HERITAGE
0015340
1 42210
1 74.76
3/8/2007
3/8/2007
74648
THE SAN GABRIEL VALLEY NEWSPAPER GR
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD - FPL2002-63
LEGAL AD - FPL2006-219
001
001
23010
23010
$127.26
3/8/2007
74641 IL
A COUNTY REGISTRAR RECORDER ILIBRARY
ELECTION SVCS1
0014030 1
42390 1
53,674.861
$53,674.86
3/8/2007
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD - FPL2006-232
001
23010
187.75
187.75
3/8/2007
74642
REINBERGER PRINTWERKS
BUSINESS CARDS - CITY CC
0014095
42110
1,675.711
$1,675.71
3/8/2007
74643
S C SIGNS &SUPPLIES LLC
RD MAINT- SIGNS
0015554
41250
81.891
$81.89
3/8/2007
74644
SAFEWAY SIGN COMPANY
SUPPLIES -ROAD MAINT
0015554
41250
134.24
$134.24
3/8/2007
74645 ISECTRAN
SECURITY INC.
COURIER SVCS - MAR 07 1
0014090
44000
302.641
$302.64
3/8/2007
3/8/2007
74646 ISIMPSON ADVERTISING INC SVCS -MAR 07 NEWSLETTER
74647 ISTATE DISBURSEMENT UNIT PAYROLL DED -0426064
0014095
001
44000
21114
1500.00
100.00
$1,100.00
$100.00
3/8/2007
3/8/2007
74648
THE SAN GABRIEL VALLEY NEWSPAPER GR
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD - FPL2002-63
LEGAL AD - FPL2006-219
001
001
23010
23010
349.04
$1,214.86
3/8/2007
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD - FPL2004-83
001
23010
245.16
3/8/2007
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD - FPL2006-232
001
23010
187.75
187.75
3/8/2007
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD - FPL2004-85
001
23010
245.16
Page 9
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date
Check Number
Vendor Name Transaction Description Fund/ Dept
Acct #
Amount
Total Check Amount
3/8/2007
74649
THOMSON WEST CA CODE UPDATES 0014030
42320
230.101
$230.10
3/8/2007 1
74650
ITIME WARNER
IMODEM SVCS - COUNCIL
1 0014010
1 42130 1
44.951
$44.95
3/8/2007
VERIZON CALIFORNIA
PH SVCS-REAGAN PARK
0015340
42125
89.69
3/8/2007 1
74651
ITOSHIBA BUSINESS SOLUTIONS INC
COPY MACHINE MAINT-DBC
1 0015333
1 42200
95.10
$95.10
3/8/2007
VERIZON CALIFORNIA
PH SVCS - DATA MODEM
0014090
42125
28.95
3/8/2007
L 74652
TRAFFIC CONTROL SERVICE INC
ISIGNAGE - NTMP PILOT PROJ
0015554
41250
598.47
$598.47
3/8/2007
IVERIZON CALIFORNIA IPH
SVCS - DIAL IN MODEM
0014090
42125
67.27
3/8/2007
74653
ITRENCH PLATE RENTAL CO
JEQUIPMNT RENTAL
0015554
142130
120.00
$120.00
3/8/2007
74654
US POSTMASTER
NOTICES-NTMP MTG
0014090
42120
302.81
$302.81
3/8/2007
74655
VALLEY CREST LANDSCAPE MAINT INC
IPARK MAINT - SUMMITRDGE
0015340
42210
29.60
$29.60
3/8/2007
74656
IVANTAGEPOINT TRNSFR AGNTS-303248
IPAYROLL DED - PP5
001
21108 1
24,932.751
$24,932.75
3/8/2007
74657
VERIZON CALIFORNIA
PH SVCS -MAPLE HILL PK
0015340
42125
89.69
$307.40
3/8/2007
VERIZON CALIFORNIA
PH SVCS-REAGAN PARK
0015340
42125
89.69
3/8/2007
74661
VERIZON CALIFORNIA
PH SVCS - FAX - C MGR
0014030
42125
2.11
$26,701.00
3/8/2007
VERIZON CALIFORNIA
PH SVCS - DATA MODEM
0014090
42125
28.95
3/8/2007
WR #19
VERIZON CALIFORNIA
PH SVCS - GENERAL
0014090
42125
29.69
$58,417.65
3/8/2007
IVERIZON CALIFORNIA IPH
SVCS - DIAL IN MODEM
0014090
42125
67.27
3/8/2007
74658
WARREN SIECKE
TR ENGR SVCS - 10/06
0015554
44520
475.50
$3,406.00
3/8/2007
WARREN SIECKE
TR ENGR SVCS - 10/06
0015551
45222
1,835.50
3/8/2007
74661
WARREN SIECKE
TR ENGR SVCS - 10/06
0015551
45222
1,095.00
$26,701.00
3/8/2007
74659
WELLS FARGO BANK
MEETING - HR 1/30
0014060
42325
116.10
$1,381.52
3/8/2007
WELLS FARGO BANK
NLC CONF-CITY MGR
0014030
42330
772.30
3/8/2007
74661
WELLS FARGO BANK
LEAGUE CM CONF - CMGR
0014030
42330
533.12
$26,701.00
3/8/2007
WELLS FARGO BANK
MTG - CREDIT CJPIA
0014030
42325
-40.00
3/8/2007
74660
IWEST COACH CORPORATION
ISUPPLIES - GENERAL
0014090
1 41200 1
10.831
$10.83
3/8/2007
74661
IZUSSER COMPANY INC
CONST -SLOPE REPAIR
250
1 20300 1
26,701.00
$26,701.00
3/1/2007
WR #19
UNION BANK OF CALIFORNIA, NA
DBC -LEASE PYMT #19
0014090
1 42140 1
58,417.65
$58,417.65
Page 10
City of Diamond Bar - Check Register 03/01/07 thru 03/15/2007
Check Date Check Number
venaor Name I Transaction Description Fund/ Dept I Acct # Amount I Total Check
Page 11
$502,425.12
Agenda # 6.4
Meeting Date: March 20, 2007
CITY COUNCIL
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: EXONERATION OF SURETY B ND NO. 6042559 IN THE AMOUNT OF
$500,000.00 AND SURETY BOND NO. 6023789 IN THE AMOUNT OF
$78,928.00 POSTED BY PULTE HOME CORPORATION FOR TRACT
52267 TO COMPLETE OFF-SITE PUBLIC IMPROVEMENTS AND
SEWER IMPROVEMENTS.
RECOMMENDATION:
Approve the exoneration.
FINANCIAL IMPACT:
This action has no financial impact on the City.
BACKGROUND:
In accordance with Section 66462 of the Subdivision Map Act, the City entered into
agreement with the subdivider, Pulte Home Corporation, to complete various
improvements for Tract No. 52267. The subdivider guaranteed faithful performance of
said agreement by posting with the City surety bonds for grading, storm drain
improvements, on-site street improvements, sanitary sewer improvements, off-site
street improvements, domestic water and reclaimed water, landscape and irrigation,
deck removal and monumentation. To date, the surety bonds for grading and sanitary
sewer improvements have been reduced. The monumentation bond was exonerated by
Council on December 16, 2003, the domestic/reclaimed water and deck removal bonds
were exonerated on February 6, 2007, and the on-site street improvements were
exonerated in March 6, 2007 by Council.
The exoneration for the off-site improvements came before the Council on March 6,
2007. The staff report requested exoneration for a $5,000.00 surety bond when the
exoneration request should have been for $500,000.00 for off-site improvements. To
accurately reflect the true exoneration amount, a second request for exoneration of the
off-site improvements is being submitted to Council for consideration.
DISCUSSION:
Upon receiving written request from Pulte Home Corporation on November 17, 2006,
the Planning and Building & Safety Divisions as well as Public Works Department have
verified that completion of all conditions for the off-site public improvements have been
met. Public Works staff has inspected the off-site improvements and have deemed
them to remain in satisfactory condition. Additionally, Los Angeles County Sewer
Maintenance Division has verified that the sewer system of P.C. DB -99-01 for Tract
52267 is currently under maintenance by the County.
The following surety bonds are recommended for exoneration:
Surety Bond No. 6042559 in the amount of $500,000.00
Surety Bond No. 6023789 in the amount of $78,928.00
The remaining bonds (Grading, Landscaping and Irrigation, and Storm Drain) are still
under review by the City for exoneration.
PREPARED BY:
Kimberly Molina, Associate Engineer Date Prepared: March 12, 2007
REVIEWED BY:
i
David G. Liu, Director of Public Works
Attachments:
LETTER OF REQUEST, November 17, 2006
Pa
November 17, 2006 �._
Kimberley Maleena
Dept. of Public Works
City of Diamond Bar _.
21825 E. Copley Drive
Diamond Bar, CA 91765-4177
Dear Kimberley:
We request that the subdivision bonds posted for this project be processed for release.
These bonds include the following:
Bond No.
Surety Co.
Scope of Work
Bond Amount
6023786
Safeco
Grading
$502,276.80
6023787
Safeco
Storm drain improvements
$264,503.00
6023788
Safeco
Street improvements
$233,367.00
6023789
Safeco
Sewer system improvements
$78,928.00
6042559
Safeco
Off-site improvements
$500,000.00
6042581
Safeco
Domestic & reclaim water
$160,000.00
6042582
Safeco
Landscape & irrigation
$500,000.00
6110216
Safeco
Deck removal
L $8,000.00
Please call me if there is any additional information that you need in order to process
this request.
Sincerely,
Marla Miller
Assistant Community Development Manager
encow�.a.b 4
5'� Of
Pulte Home Corporation
Coastal Division
2 Technology Drive
Irvine, CA 92618
949.623.3700
949.623.3747 Direct Line
619.520.4616 Cell
Agenda # ___E_5__
Meeting Date: March 20, 2007
CITY COUNCIL ��r AGENDA REPORT
r9g9
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
TITLE: Appropriate $61,000 of the General Fund Balance Reserve
(Restricted from the Previous Sale of Proposition A Funds) to the
Fiscal Year 2006/2007 Public Works Budget for the State Route 57/60
Freeway Congestion Relief Strategy and Approve Contract
Amendment with Sasaki Transportation Services in the Amount of
$61,000 for Professional Services Related to the State Route 57/60
Freeway Congestion Relief Strategy
RECOMMENDATION:
Appropriate and Approve Contract Amendment.
FINANCIAL IMPACT:
The General Fund Reserve Balance will be reduced by $61,000 to fund professional
engineering services related to the State Route 57/60 Freeway Congestion Relief
Strategy.
DISCUSSION:
Currently, two regionally significant interchange projects (Lemon Avenue/SR-60 and the
Grand Avenue/SR-57/60 Interchange Improvements) are moving forward with minimal
consideration of how these improvements fit into the broader SR -57/60 solution to traffic
congestion. Project alternatives and traffic study reports are being developed for the
aforementioned projects, but their scope does not adequately address regional traffic
concerns nor the specific issues of concern to the City of Diamond Bar. The current
traffic studies utilize a methodology that is point specific and does not consider the
operational issues of bottlenecks, multiple hours of congestion, and complex weaving
conditions.
The services of Sasaki Transportation and their subconsultant, Fehr & Peers, will
provide the City with the information needed to provide appropriate direction and
comment on the development of these ongoing regional projects. These engineering
services will include preparation of a transportation simulation model that will address
system wide performance of both the freeway and the major arterials in Diamond Bar.
Since Diamond Bar has made the 57/60 interchange the focus and pivot point for
achieving i the City's regional transportation goals, this modeling information will be key
to understanding how these regional interchange projects may or may not fit into the
broader solution. The services included as part of this request represents only the first
phase of the overall analysis effort that Sasaki Transportation and Fehr & Peers can
provide. It is anticipated that a future request will be made of the Council to retain the
engineering services for remaining analyses needed to evaluate these regional projects
as they continue to develop.
PREPARED BY:
Rick Yee, Senior Engineer Date Prepared: March14, 2007
REVIEWED BY:
David �.Liu, irector of Public Works
Attachment: Contract Amendment to Sasaki Transportation Services Agreement
2
AMENDMENT NO. 1
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 1 is made and entered into this 20th day of March 2007,
between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter
referred to as "CITY") and Sasaki Transportation Services (hereinafter referred to as
"CONSULTANT").
A. RECITALS:
(1) The CITY has heretofore entered into an Agreement, with
CONSULTANT to provide On -Call Traffic Engineering Services, which the Agreement
was dated October 23, 2006.
(ii.) The CONSULTANT submitted a proposal, a full, true and correct
copy of which is attached hereto as Exhibit "A" to provide engineering services related
to the State Route 57/60 Congestion Relief Strategy.
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 "A", dated March 14,
2007, for the engineering services related to the State Route 57/60 Congestion Relief
Strategy,
follows: Section 2: Section 3 of the Agreement is hereby amended to read as
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 Exhibit "A". Payment will be made only after submission of proper invoices
in the foram specified by City.
Section 3: Each party to this Amendment No. 1 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. 1 shall be valid and
binding. Any modification of this Amendment No. 1 shall be effective only if it is in
writing signed by the parties. Total payment to Consultant pursuant to this Agreement
shall not exceed ($61,000.00) dollars."
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as
of the day and year first set forth above:
APPROVED AS TO FORM:
City Attorney
ATTEST:
CITY OF DIAMOND BAR
ommye Cribbins, City Clerk
CONSULTANT:
STEVEN S. SASAKI
Steve S. Sasaki, P.E.
James UeStefano, City Manager
('_7lifnmi.�
1—;*—.d C-L—L_._
v nam rurv7Eo. AU rights reserved This data includes rAXff aeon rakes w th pennisson from Canadian eutlori ies ® Her
Male9Y the Queen in Right of Canada
Ma.; '14 07 10:26p Sasaki Trans Serve (949)464-1178 p.2
AMENDMENT NO.1
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 1 is made and entered into this 20th day of March 2007,
between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter
reierred to as "CITY") and Sasaki Transportation Services (hereinafter referred to as
"CONSULTANT").
A. RECITALS:
(1) The CITY has heretofore entered into an Agreement, with
CONSULTANT to provide On -Call Traffic Engineering Services, which the Agreement
was dated October 23, 2006.
(ii.) The CONSULTANT submitted a proposal, a full, true and correct
copy of which is attached hereto as Exhibit "A" to provide engineering services related
to the State Route 57/60 Congestion Relief Strategy.
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 "A", dated March 14,
2007, for the engineering services related to the State Route 57/60 Congestion Relief
Strategy.
Section 2: 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 Exhibit "A". Payment will be made only after submission of proper invoices
in the form specified by City.
Section 3: Each party to this Amendment No. i 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. i shall be valid and
binding. Any modification of this Amendment No. 1 shall be effective only if it is in
writing signed by the parties. Total payment to Consultant pursuant to this Agreement
shall not exceed ($61,000.00) dollars."
M3r� 14 07 10:27p Sasaki Trans Serve
(949)464-1178 p.3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as
of the day and year first set forth above:
APPROVED AS TO FORM
City Attorney
ATTEST:
CITY OF DIAMOND BAR
Tommye Cribbins, City Clerk
DATE:
CONSULTANT:
STEVEN S. SASAKI
4,� / d;�rk
Steve S. Sasaki, P.E.
James DeStefano, City Manager
2
Agenda # 6 _ h ( a , h ,(-)
Meeting Date: March 20. 2007
CITY COUNCIL
i� ' • •
TO: Honorable Mayor and Members f the City Council
VIA: James DeStefano, City Mana er
TITLE: SECOND READING OF ORDINANCE NO. 02 (2007) FOR DEVELOPMENT
AGREEMENT NO. 2005-01, ORDINANCE NO. 03 (2007) FOR ZONE CHANGE NO.
2006-03 AND ORDINANCE NO. 04 (2007) FOR SPECIFIC PLAN NO. 2005-01. THE
PROPOSED PROJECT IS KNOWN AS SOUTH POINTE WEST DEVELOPMENT AND
CONSISTED OF A 99 SINGLE FAMILY RESIDENTIAL SUBDIVISION, A PUBLIC
PARK AND OPEN SPACE AREAS ON APPROXIMATELY 34.52 ACRES GENERALLY
LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE.
(ASSESSOR PARCEL NUMBERS 8765-005-01, 02, 03 AND 07, AND PORTIONS OF
8765-005-905 AND 8763-026-901)
RECOMMENDATION:
Approved second reading by title only and adopt the following Ordinances:
1. Ordinance No. 02 (2007) for Development Agreement No, 2005-01
2. Ordinance No. 03 (2007) for Zone Change No. 2006-03, changing the zoning districts
from RPD -10,000 and R1-15,000 to Specific Plan (SP) and Recreation (REC)
3. Ordinance no. 04 (2007) for Specific Plan No. 2005-01 to establish a Specific Plan for the
project area.
BACKGROUND/DISCUSSION:
On March 6, 2006, the City Council conducted a public hearing, received additional public testimony
and concluded the public hearing. The Council deliberated on the merits of the project and
unanimously adopted the Findings of Facts and Statement of Overriding Consideration and the EIR
Addendum. The Council adopted the first reading for the Development Agreement, Zone Change,
Specific Plan, and approved the Resolutions for the General Plan Amendment, Vesting Tentative
Tract No. 062623, Conditional Use Permit, Development Review and Tree Permit. Upon approval of
the second reading the Development Agreement, Zone Change and Specific Plan will be effective
April 21, 2007.
Prepared By Nancy Fong, A CL�11
Community Development Director
Attachments
Reviewed By
David Doyle
Assistant City Manager
1. Ordinance No. 02 (2007) for Development Agreement No. 2005-01
2. Ordinance No. 03 (2007) for Zone Change No. 2006-03
3. Ordinance No. 04 (2007) for Specific Plan No. 2005-01
ORDINANCE NO. 02 (2007)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING
DEVELOPMENT AGREEMENT NO. 2005-01 AUTHORIZING
DEVELOPMENT OF A SITE COMPRISED OF APPROXIMATELY 34.52
ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE,
EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON
ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02,
8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-
(126-907, AND 8763-026-901) WITH A 99 -UNIT SINGLE-FAMILY
RESIDENTIAL CONDOMINIUM PROJECT.
A. RECITALS
The applicant, South Pointe West, LLC, filed an application for
Development Agreement 2005-01 for a site comprised of approximately
34.52 acres generally located south of Larkstone Drive, east of Morning
Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers
8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of
8765-005-905, 8763-026-907, and 8763-026-901).
2. In accordance to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR)
has been prepared for the project, which found that the proposed project
may have remaining significant impacts that require adoption of "Findings
of Facts and Statement of Overriding Considerations".
3. On December 19, 2006, the Diamond Bar City Council conducted a duly
noticed public hearing on the EIR for the South Pointe West Project and
approved Resolution No. 2006-78 certifying Environmental Impact Report
(EIR) No. 2005-01 (SCH No. 2005111118) as complete and adequate.
4. The applicant has requested approval of Specific Plan 2005-01 (South
Pointe West Specific Plan) that is being reviewed concurrently with this
application, which includes a land use plan that divides the property into
four sub -planning areas (Open Space, Low -Medium Density Residential,
Park, and Circulation) and includes standards and guidelines for future
development of the specific plan site.
5. Public hearing notices were mailed to approximately 518 property owners
of record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. Notification of the
public hearing for this project was properly advertised in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers.
CC -DA
6. On November 14, 2006, and continued to November 28, 2006, the
Planning Commission of the City of Diamond Bar conducted and
concluded a duly noticed public hearing on the Application, and approved
Resolution No. 2006-54 recommending that the City Council approve the
Developemtn Agreement No. 2005-01.
7. On December 19, 2006, and continued to January 16, February 6,
February 20, and March 6, 2007, the City Council of the City of Diamond
Bar conducted a duly noticed public hearing on Zone Change No. 2006-
03;
8. The City Council has determined that the proposed Development
Agreement represents a consistent, logical, appropriate and rational land
use designation and an implementing tool that furthers the goals and
objectives of the City General Plan.
9. The documents and other materials constituting the administrative record
of the proceedings upon which the City's decision is based are located at
the City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
B ORDINANCE
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
1. The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part I of this Resolution are true and correct.
2. The City Council finds that the initial study prepared for the project
identified above in this Resolution concluded that an Environmental
Impact Report (EIR) No. 2005-01, (SCH No. 20051 1 1 1 1 8) be prepared.
An EIR has been prepared according to the requirements of the California
Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. On December 19, 2006, the City Council reviewed the EIR
and adopted Resolution No. 2006-78 certifying the EIR as complete and
adequate after conducting and concluding a duly noticed public hearing.
On December 20, 2006, the City filed a Notice of Determination with the
Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA
Guidelines.
3. Following the certification of the EIR, in response to comments received
during the public hearings of January 16, February 6 and February 20,
2007, the Council caused the Applicant to prepare a Traffic Impact
Analysis Addendum (Traffic Addendum). The Traffic Addendum included
additional traffic counts on selected street segments and intersections with
CC -DA
South Pointe Middle School in session, studied the results of different
limitations on vehicular use (exit only, entry only and emergency only) of
the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and
considered the pedestrian safety issues with respect to the residential
streets in the unincorporated area of Los Angeles County located near to
the project's secondary Morning Sun Avenue gate.
4i. At the continued public hearing March 6, 2007, the Council reviewed the
Traffic Addendum report dated February 22, 2007. The Council finds that
the traffic volume expected to be generated by the Project is within the
City adopted Traffic Impact Analysis Guidelines and that after construction
of the Project the streets will continue to operate at an acceptable Level of
Service. Furthermore, the Council finds that the Traffic Addendum
concludes that there is no impact to pedestrian safety as a result of the
traffic generated by the proposed project. The City's independent
consultant has reviewed the Traffic Addendum and determined that it is
complete and accurate.
5. The Council finds that certified EIR (which includes the previous Traffic
Impact Analysis dated June 23, 2006) together with the Traffic Addendum
dated February 22, 2007 are a complete and accurate assessment of
traffic impacts from the Project. Further, the Council finds that the
additional data analyzed in the Traffic Addendum did not result in the
introduction of any new significant impact that has not been previously
disclosed in the FEIR. The Council determines that according to CEQA
Guidelines Section 15162 none of the criteria exists requiring a
supplemental or subsequent EIR.
6. The Council has reviewed the Addendum to the Certified EIR and
determined that the Addendum complies with Section 15164 of the CEQA
Guidelines.
7. Based on the findings and conclusions set forth herein, the City Council
hereby finds the approval of Development Agreement No. 2005-01, with
finalization and execution by the City Manager, for South Point West
based on the following findings, as required by 22.62.030(e) of the
Municipal Code is in conformance with California Government Code
Section 65864 et seq.:
a. The Development Agreement would be in the best interest of the
City. Development Agreement No. 2005-01 implements the proposed
South Point West project and provides significant benefits of $1.5
million and other impact fees to the City. The proposed South Point
West project will also transform a vacant site into a functional and
attractive development that will provide additional housing within the
City. Consequently, the Agreement is in the best interest of the City
and its residents.
CC -DA
b. The Development Agreement is consistent with the General Plan,
any applicable Specific Plan and the Development Code. South Point
West, the subject of Development Agreement 2005-01, is consistent
with the General Plan (as amended), is the subject of an appropriate
Specific Plan and meets all applicable standards of the Development
Code. The administrative record and findings of this Resolution
demonstrate conformance with City requirements.
c. The Development Agreement would promote the public interest and
welfare of the City. As stated above, South Pointe West is a 99 -unit
residential and neighborhood park development that preserves open
space and provides additional housing and recreational opportunities
within the community. It retains a substantial portion of the site as
open space and limits development to the least environmentally
sensitive areas of the site. Development Agreement No. 2005-01
implements this development plan and thus promotes the public
interest and welfare.
d. The proposed Development Agreement, prepared in accordance with
Government Code Section 65864 et seq., and Chapter 22.62 of the
Development Code establishes a mutually beneficial agreement
between the City and the applicant setting forth obligations and
benefits to the City and the developer.
8. The City Council does hereby approve South Pointe West Development
Agreement No. 2005-01 attached hereto and incorporated herein by
reference.
The City Council shall:
(1) Certify to the adoption of this Ordinance; and
(2) Provide notice to South Pointe West, LLC, the applicant, that the
time limit within which judicial review of the decision represented by
this Ordinance must be sought is governed by the provision of the
California Code of Civil Procedures Section 1094.6; and
(3) Forthwith transmit a certified copy of this Ordinance by certified
mail to, South Pointe West, LLC, 2632 W. 237th Street, Suite 201,
Torrance, CA 90505.
APPROVED AND ADOPTED THIS 6TH DAY OF MARCH 2007, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
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Steve Tye, Mayor
I, Tommye Cribbins, 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 6th day of March 2007 and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held on 20th day of March, 2007,
by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
MDA
Recorded at request of
Clerk, City Council
City of Diamond Bar
When recorded return to
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attention: City Clerk
Fxemot from Filing Fees Gov. Code section 6103
SOUTH POINTE WEST
DEVELOPMENT AGREEMENT NO.
A STATUTORY DEVELOPMENT AGREEMENT
between
CITY OF DIAMOND BAR
a California municipal corporation
and
JCCL-SOUTH POINTE WEST, LLC,
a Delaware limited liability company
("Developer")
DEVELOPMENT AGREEMENT
This Development Agreement (hereinafter "Agreement") is entered into effective on the
Effective Date (defined below) by and between the City of Diamond Bar (hereinafter "CITY"), and
JCCL-South Pointe West, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons
having legal or equitable interests in real property for the development of such property, pursuant to
Section 65864 et seg. of the Government Code and Chapter 22.62 of the City's Municipal Code
(collectively the "DA Laws"); and
WHEREAS, DEVELOPER, as of the Effective Date, owns the real property which is the
subject of this Agreement (the "Property"); and
WHEREAS, DEVELOPER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the DA Laws and all other rules and regulations of
CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils
of CITY by the obligations specified herein and limit the future exercise of CITY's ability to
regulate development on the Property; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by
CITY and the City Council and have been found to be fair, just and reasonable; and
WIIEREAS, the best interests of the citizens of the City of Diamond Bar and the public
health, safety and welfare will be served by entering into this Agreement; and
WHEREAS, all of the procedures of the California Environmental Quality Act have been met
with respect to the Project and the Agreement; and
WHEREAS, this Agreement and the Project are consistent with the Diamond Bar General
Plan and any Specific Plan applicable thereto, and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the development of the Property, and generally serve the
purposes for which development agreements under the DA Laws are intended; and
WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in
excess of the generally applicable requirements in order to assure vesting of legal rights to develop
the Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1.1 "Agreement" means this Development Agreement.
1.1.2 "CITY" means the City of Diamond Bar, a municipal corporation and general
law city.
1.1.3 "City Council" means the City Council of the CITY.
1. 1.4 "Condominium" means an estate in real property as defined in Civil Code
Sections 783 and 1351(f); Condominium units as defined in Civil Code Section 1351(f) are DU's as
defined in this Agreement.
1.1.5 "Current Development Approvals" mean all Development Approvals
approved or issued prior to the Effective Date. Current Development Approvals includes the
Approvals incorporated herein as Exhibit "C" and all other Development Approvals that are a matter
of public record on the Effective Date.
1. 1.6 "Development" means the improvement of the Property for the purposes of
completing the structures, improvements and facilities comprising the Project including, but not
limited to: grading; the construction of infrastructure and public and private facilities related to the
Project whether located within or outside the Property; the construction of buildings and structures;
and the installation of landscaping. "Development" does not include the maintenance, repair,
reconstruction or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
1.1.7 "Development Approvals" mean all permits and other entitlements for use
subject to approval or issuance by CITY in connection with development of the Property including,
but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits and site plans;
(d) zoning;
(e) design review approvals; and
(f) grading and building permits.
1.1.8 "Development Exaction" means any requirement of CITY in connection with
or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the
construction of improvements or public facilities, or the payment of fees in order to lessen, offset,
mitigate or compensate for the impacts of development on the environment or other public interests.
1.1.9 "Development Impact Fee" means a monetary exaction other than a tax or
special assessment, whether established for a broad class of projects by legislation of general
applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to
the applicant in connection with approval of a development project for the purpose of defraying all or
a portion of the cost of public facilities related to the development project, but does not include fees
specified in Government Code Section 66477, fees collected by CITY for other public agencies other
than the CITY, fees for processing applications for governmental regulatory actions or approvals,
fees collected under development agreements adopted pursuant to Article 2.5 (commencing with
Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with
redevelopment agencies which provide for the redevelopment of property in furtherance or for the
benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the
Community Redevelopment Law (Part l (commencing with Section 33000) of Division 24 of the
Health and Safety Code). "Development Impact Fee" expressly excludes processing fees and charges
of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing
applications for Development Approvals or for monitoring compliance with any Development
Approvals granted or issued, including, without limitation, fees for zoning variances; zoning
changes; use pen -nits; building inspections; building pen -nits; filing and processing applications and
petitions filed with the local agency formation commission or conducting preliminary proceedings or
proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000,
Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of
maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section
66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3
(commencing with Section 65100) of Division I of Title 7 of the Government Code, fees and
charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013,
66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and
4
Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public
Utilities Code, as such codes may be amended or superceded, including by amendment or
replacement.
1.1.10 "Development Plan" means the Current Development Approvals and the
Existing Land Use Regulations applicable to development of the Property.
1.1.11 "DEVELOPER" means JCCL- South Pointe West, LLC, and/or its
assignee(s), transferee(s) or successor(s)in interest (as permitted under Section 2.4 hereof) to all or
any part of the Property.
1.1.12 "DU's" means single-family and Condominium/townhouse residential
dwelling units, including detached and attached units for sale to the general public but do not include
residential units developed for rental purposes.
1.1.13 "Effective Date" means the date that is 31 days following the date that this
Agreement is approved by the City by final action of the City Council.
1.1.14 "EIR" means that certain Environmental Impact Report No. SCH No.
2005111118 as described in Exhibit "C" attached hereto.
1.1.15 "Existing Land Use Regulations" mean all Land Use Regulations in effect on
the Effective Date. Existing Land Use Regulations include the Regulations incorporated herein as
Exhibit "D" and all other Regulations that are a matter of public record on the Effective Date.
1.1.16 "Land Use Regulations" mean all ordinances, resolutions, codes, rules,
regulations and official written policies of CITY governing the development and use of land,
including, without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation or
dedication of land for public purposes, and the design, improvement and construction standards and
specifications applicable to the development of the property, as modified or supplemented by the
Current Development Approvals. "Land Use Regulations" does not include any CITY ordinance,
resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and
interests that provide for the use of or the entry upon public property; or
(e) the exercise of the power of eminent domain.
1.1.17 "Lot" means a legal subdivided lot.
M
1.1.18 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of
trust or any other security -device lender, and their successors and assigns.
1.1.19 "Park Parcel" means that real property described in Exhibit E and
incorporated herein by reference to be conveyed to City by the Walnut Valley Unified School
District and / or by Developer for the development of a public park pursuant to the terms of this
Agreement.
1.1.20 "Project" means the development of the Property as contemplated by the
Development Plan as such Plan may be further defined, enhanced or modified pursuant to the
provisions of this Agreement.
1.1.21 "Property" means the real property described on Exhibit "A-1" and shown as
South Pointe West Specific Plan Map on Exhibit "B" to this Agreement.
1.1.22 "Reservations of Authority" means the rights and authority excepted from the
assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY under
Section 3.6 of this Agreement.
1.1.23 "Specific Plan" means the South Pointe West Specific Plan No. 2005-01
approved by the City, Ordinance No. XX (2007).
1.1.24 "Subsequent Development Approvals" means all Development Approvals
approved by the City subsequent to the Effective Date in connection with development of the
Property.
1.1.25 "Subsequent Land Use Regulations" means any Land Use Regulations adopted
and effective after the Effective Date of this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made a part
of, this Agreement:
Exhibit "A-1" -- Legal Description of Property.
Exhibit "B"
-- Map of Specific Plan Area
Exhibit "C"
-- Current Development Approvals.
Exhibit "D"
-- Existing Land Use Regulations.
Exhibit "E"
— Description of Park Parcel
Exhibit "F"
-- Park Plans and Specifications
Schedule 1 —
Entitlement Processing Schedule
Schedule 2 —
Project Impact Fees
3
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement.
Development of the Property is hereby authorized and shall be carried out only in accordance with
the terms of this Agreement.
2.2 Ownership/Option. DEVELOPER represents and covenants that, as of the Effective
Date, it is the owner of the fee simple title to the Property
2.3 Term. The term of this Agreement shall commence on the Effective Date and shall
continue for a period of five (5) years thereafter. This Agreement shall be void and of no force and
effect ii DEVELOPER is not the owner of fee simple title to the Property and if the Walnut Valley
Unified. School District or developer, as applicable, has not conveyed to the City the park parcel by
December 31, 2007.
2.4 Assignment.
2.4.1 Right to Assign. DEVELOPER shall have the right to sell, transfer or assign
the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410, et seg.), to anyperson, partnership, joint venture, firm or
corporation at any time during the term of this Agreement; provided, however, that any such sale,
transfer or assignment shall include the assignment and assumption of the rights, duties and
obligations arising under or from this Agreement and be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement
shall be made unless made together with the sale, transfer or assignment of all or a part of the
Property.
(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15)
business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or
assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable
to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser,
transferee or assignee expressly and unconditionally assumes all the duties and obligations of
DEVELOPER under this Agreement.
Any sale, transfer or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by DEVELOPER under this Agreement. Notwithstanding the
failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of
this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee
or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or
assigner: until and unless such agreement is executed, and the CITY approves of such purchaser,
transferee, or assignee, which approval shall not be unnecessarily withheld so long as the
requirements for Release of DEVELOPER are met in Section 2.4.2 below.
2.4.2 Release of DEVELOPER. Notwithstanding any sale, transfer or assignment,
DEVELOPER shall continue to be obligated under this Agreement as to that portion of the Property
7
sold, transferred or assigned unless DEVELOPER is given a release in writing by CITY, which
release shall be provided by CITY upon the full satisfaction by DEVELOPER of the following
conditions:
(a) DEVELOPER no longer has a legal or equitable interest in all or any part of
the Property sold;
(b) DEVELOPER is not then in default under this Agreement;
(c) DEVELOPER has provided CITY with the notice and executed agreement
required under Paragraph (b) of Subsection 2.4.1 above;
(d) The purchaser, transferee or assignee provides CITY with security equivalent
to any security previously provided by DEVELOPER to secure performance of its obligations
hereunder; and
(e) The purchaser, transferee, or assignee is a limited liability company in which
DEVELOPER, either of DEVELOPER'S Members (or their affiliates) is a Member, or a
merchant home builder of DU's generally recognized by the Southern California Building Industry
Association as a quality, financially sound, developer.
2.4.3 Subsequent Assi ent. Any subsequent sale, transfer or assignment after an
initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and
conditions of this Section.
2.4.4 Tennination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The restrictions and requirements of Subsection 2.4. l shall
not apply to the sale or lease (for a period longer than one year) of any (i) Lot that has been finally
subdivided and/or any (ii) Condominium unit that is described on a condominium plan approved by
the City as defined in Civil Code Section 1351(e) (the "Condominium Plan") individually (and not in
"bulk") to a member of the public or other ultimate user. Notwithstanding any other provisions of
this Agreement, this Agreement shall terminate with respect to any Lot or Condominium unit and
such Lot or Condominium unit shall be released and no longer be subject to this Agreement without
the execution or recordation of any further document upon satisfaction of both of the following
conditions:
(a) The Lot has been finally subdivided and individually (and not in "bulk") sold
or leased (for a period longer than one year) to a member of the public or other ultimate user;
(b) The Condominium unit is described on a Condominium Plan approved by
the City and individually (and not in bulk) sold or leased (for a period longer than one year) to a
member of the public or other ultimate user; and,
(c) A final certificate of occupancy or similar certificate has been issued for a
building on the Lot or for the Condominium unit, and the fees set forth under Section 4 of this
Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or
cancelled in whole or in part only by written consent of all parties or their respective successors or
assigns with respect to their respective portions of the Property in the manner provided for in
Government Code Section 65868. This provision shall not limit any remedy of CITY or
DEVELOPER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated tern of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance
approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement,
including, without limitation, issuance of all required occupancy permits and acceptance by CITY
or applicable public agency of all required dedications.
Except as provided in Section 4, upon the termination of this Agreement, no party
shall have any further right or obligation hereunder except with respect to any obligation to have
been performed prior to such termination or with respect to any default in the performance of the
provi
sions of this Agreement that has occurred prior to such termination or with respect to any
obligations that are specifically set forth as surviving this Agreement.
2.7 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent,
waiver, appointment or other communication required or permitted hereunder.
(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of deliveryshown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records of the telegraph
company after transmission by telegraph to the recipient named below. All notices shall be
addressed as follows:
If to CITY.-
City
ITY:
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
M
Attention: City Manager
with a copy to:
Jenkins & Hogin
1230 Rosecrans Ave., Suite 110
Manhattan Beach, CA 90266
Attn: Michael Jenkins, Esq.
If to DEVELOPER:
JCCL-South Pointe West, LLC
Attn: Kurt Nelson
2632 VV. 237th Street, Suite 200
Torrance, California 90505
with a copy to:
Lewis Operating Corp.
Attn: W_ Bradford Francke, Esq.
P. O. Box 670
Upland, CA 91785-0670
1156 N. Mountain Avenue
Upland, CA 91786-3633
(c) Either party may, by notice given at any time, require subsequent notices to be
given to another person or entity, whether a party or an officer or representative of a party, or to a
different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations
of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with, and
to the extent of, the Development Plan. The Project shall remain subject to all Subsequent
Development Approvals required to complete the Project as contemplated by the Development Plan.
Except as otherwise provided expressly in this Agreement, the permitted uses of the Property, the
density and intensity of use, the maximum height and size of proposed buildings, the design,
improvement, and construction standards applicable to development of the Property, and provisions
for reservation and dedication of land for public purposes and Development Exactions shall be those
set forth in the Development Plan. Without limiting the foregoing, CITY and DEVELOPER agree
that the maximum density permitted for the Property is 99 DU's as provided in the Specific Plan,
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided
expressly under the terms of this Agreement including the Reservations of Authority, the rules,
trs.
regulations and official policies of the City governing permitted uses of the Property, the density and
intensity of use of the Property, the maximum height and size of proposed buildings, and the design,
improvement and construction standards and specifications applicable to development of the
Property shall be the Existing Land Use Regulations as modified by the Specific Plan and as
reflected in the other Current Development Approvals. In connection with any Subsequent
Development Approval, CITY shall exercise its discretion in accordance with the Development Plan,
and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY
shall accept for processing, review and action all applications for Subsequent Development
Approvals, and such applications shall be processed in the normal manner for processing such
matters, provided CITY shall use its best efforts to comply with the processing schedule attached
hereto as Schedule 1.
3.3 Timing of Development. The parties acknowledge that DEVELOPER cannot at this
time predict when or the rate at which phases of the Property will be developed. Such decisions
depend upon numerous factors that are not within the control of DEVELOPER, such as market
orientation and demand, interest rates, absorption, completion and other similar factors. Since the
California Supreme Court held in Pardee Construction Co. v City of Camarillo (1984) 37 Cal.3d
465, that the failure of the parties therein to provide for the timing of development resulted in a later
adopted initiative restricting the timing of development to prevail over such parties' agreement, it is
the parties' intent to cure that deficiency by acknowledging and providing that DEVELOPER shall
have the right to develop the Property in such order and at such rate and at such times as
DEVELOPER, in its sole and absolute discretion deems appropriate, subject only to any timing or
phasing; requirements set forth in the Development Plan. Developer shall have the right to obtain
permits and commence improvements to the Property (including construction of DU's) prior to
approval and recordation of the final subdivision map. Any such commencement of improvement by
DEVELOPER prior to approval and recordation of the final subdivision map shall be at
DEVEILOPER's risk, and DEVELOPER shall effect recordation of the approved, final subdivision
map prior to occupancy of any DU.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing
requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that development of the Project
will require Subsequent Development Approvals and may include changes that are appropriate and
mutually desirable in the Current Development Approvals. In the event DEVELOPER finds that a
change in the Current Development Approvals is necessary or appropriate, DEVELOPER shall
apply for a Subsequent Development Approval to effectuate such change and CITY shall process
and act: on such application in accordance with the Existing Land Use Regulations, except as
otherwise provided by this Agreement, including, without limitation, the Reservations of Authority.
If approved, any such change in the Current Development Approvals shall be incorporated herein as
an addendum to Exhibit "C", and may be further changed from time to time as provided in this
Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change
to the Current Development Approvals shall be deemed "minor" and not require an amendment to
this Agreement but instead require only the approval of the City Manager (or its designee) provided
such change does not:
11
(a) Alter the permitted uses of the Property as a whole; or,
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height of pennitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole or modify the Development Exactions; or,
(e) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21166 of the Public Resources Code; or
(f) Pen -nit material changes to the architecture, design, or materials provided for
in the Current Development Approvals or Subsequent Development Approvals for the Project; or
(g) Extend the tenn of this Agreement; or
(h) Reduce the benefits to the CITY or Development Exactions provided for in
this Agreement.
For the: purposes hereof, changes to the interior floor plan (including without limitation, changes in
the number of bedrooms) which do not alter the height or footprint of the DU, density or intensity of
use, and minor changes in architecture, design or materials shall be permitted.
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property.
(a) Processing fees and charges of every kind and nature imposed by CITY to
cover the estimated actual costs to CITY of processing applications for Development Approvals or
for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records, hearings, reports, recommendations, appeals and any other matter of
procedure.
(c) Regulations governing construction standards and specifications including,
without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code,
Fire Code and Grading Code that are applied uniformly and on a City-wide basis to all
development projects of a similar type as the Project.
(d) Regulations imposing Development Exactions except as set forth in this
Agreement; provided, however, that no such subsequently adopted Development Exaction shall be
applicable to development of the Property unless such Development Exaction is applied uniformly
to development, either throughout the CITY or within a defined area of benefit that includes the
12
Property. No such subsequently adopted Development Exaction shall apply if its application to the
Property would prevent or increase the cost of development of the Property for the uses and to the
density or intensity of development set forth in the Development Plan. In the event any such
subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the
fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently
adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent
such fees fulfill the same purposes.
(e) Regulations that may be in conflict with the Development Plan but that are
reasonably necessary to protect the public health and safety of the residents of the Project or
immediate community. To the extent possible, any such regulations shall be applied and construed
so as to provide DEVELOPER with all of the rights and assurances provided under this
Agreement.
(f) Regulations that are not in conflict with the Development Plan. Any
regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development
of the Property shall be deemed to conflict with the Development Plan and shall therefore not be
applicable to the development of the Property.
(g) Regulations that are in conflict with the Development Plan provided
DEVELOPER has given written consent to the application of such regulations to development of
the Property.
(h) Regulations that impose non-discriminatory City-wide taxes. assessments
and/or fees, including but no limited to franchise fees or business taxes upon all residents or
nonresidential users (commercial or industrial) of real property in the CITY similar to the DU's or
the Commercial Component but not including any Development Exaction or other fee designed to
mitigate the impacts of the development of the Project.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent
CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use
Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent CITY
from denying or conditionally approving any Subsequent Development Approval on the basis of the
Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the
Development Plan. Without limiting the foregoing, DEVELOPER acknowledges that nothing in this
Agreement limits the right of the City to conduct design review in accordance with its Existing Land
Use Regulations prior to issuing any building permits for improvements on the Property.
DEVELOPER further acknowledges that such design review may result in modifications to the
conceptual elevations and site plans included in the Specific Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State or
Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude
compliance with one or more of the provisions of this Agreement, such provisions of this Agreement
shall be modified or suspended as may be necessary to comply with such State or Federal laws or
regulations, provided, however, that this Agreement shall remain in full force and effect to the extent
it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not
render such remaining provisions impractical to enforce.
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3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit its police power by contract and that the foregoing limitations, reservations and
exceptions are intended to reserve to CITY all of its police power that cannot be so limited. This
Agreement shall be construed, contrary to its stated terrns if necessary, to reserve to CITY all such
power and authority that cannot be restricted by contract.
3.7 Public Works. If DEVELOPER is required by this Agreement to construct any
improvements that will be dedicated to CITY or any other public agency upon completion, and if
DEVELOPER is required by applicable laws to do so, DEVELOPER shall perforin such work in the
same manner and subject to the same requirements as would be applicable to CITY or such other
public agency should it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where DEVELOPER is
required to construct any public improvement on land not owned by DEVELOPER, DEVELOPER
shall at its sole cost and expense provide or cause to be provided, the real property interests
necessary for the construction of such public improvements. This Section 3.8 is not intended by the
parties to impose upon the DEVELOPER an enforceable duty to acquire land or construct any public
improvements on land not owned by DEVELOPER, except to the extent that the DEVELOPER
elects to proceed with the development of the Project, and then only in accordance with valid
conditions consistent with the Development Plan imposed by the CITY upon the development of the
Project under the Subdivision Map Act or other legal authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
development of the Property separately from or jointly with CITY and this Agreement does not limit
the authority of such other public agencies.
3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section 66452.6 of
the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter
approved in connection with development of the Property, shall be granted an extension of time
except in accordance with the Existing Land Use Regulations.
3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final
parcel map, heretofore or hereafter approved in connection with development of the Property, is a
vesting snap under the Subdivision Map Act (Government Code Section 66410, et seg.) and if this
Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a
vested right to develop to DEVELOPER, then and to that extent the rights and protections afforded
DEVELOPER under the laws and ordinances applicable to vesting maps shall supersede the
provisions of this Agreement. Except as set forth immediately above, development of the Property
shall occur only as provided in this Agreement, and the provisions in this Agreement shall be
controlling over any conflicting provision of law or ordinance concerning vesting maps.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that development of the Property will result
in substantial public needs that will not be fully met by the Development Plan and further
ILA,
acknowledge and agree that this Agreement confers substantial private benefits on DEVELOPER
that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on DEVELOPER by providing
more fully for the satisfaction of the public needs resulting from the Project. Developer's obligations
under this Section 4 shall survive any termination of this Agreement except termination under
Section 7.5.
4.2 Development Impact Fees/Traffic Fee.
4.2.1 City Traffic Fee. DEVELOPER shall pay to the City a development impact
fee (the "City Traffic hnpact Fee") equal to the "fair share" cost of those traffic improvements
allocable to the Property as determined by the Project traffic study in accordance with Government
Code Section 66000 et seq.
4.2.2 Time of Pninent. The City Traffic Fee required pursuant to Subsection 4.2.1
for the Property shall be paid to CITY on the dates set forth in Schedule 2. During the term of this
Agreement, commencing as of the Effective Date, the City Traffic Fee shall not be increased with
respect to this Project,
4.2.3 In -Lieu Construction. DEVELOPER shall be entitled to credit against the
City Traffic Fee for the construction of any of the improvements for which those fees are paid. Such
credit shall be equal to the City's program costs for such improvement(s) listed on the "Fair Share"
studies used by City to determine those fees.
4.3 Project Park Requirement.
4.3.1 Quimby Fees. DEVELOPER currently contemplates the construction of 99
Condominium/townhouse DU's for which DEVELOPER shall pay Quimby Act Fees in the amount
and at the times set forth in Schedule 2 attached hereto in accordance with Chapter 21.32.040(D) of
the City's Municipal Code (the "Quimby Act Fees"). CITY agrees that the Quimby Act Fees shall
not be increased during the term of this Agreement. CITY and DEVELOPER agree that the Quimby
Act Fetes were detennined by using the fair market value of land located in the CITY reasonably
suitable for park purposes as mutually agreed by CITY and DEVELOPER.
4.3.2 Improvement Credits. Completion of all park improvements to the satisfaction
of City shall be deemed to have fully satisfied all of DEVELOPER's Quimby Act Fee obligations.
4.3.3 Park Improvement and Dedication. DEVELOPER shall construct and
dedicate to CITY a fully improved neighborhood park on the Park Parcel described in Exhibit E and
incorporated herein by reference. The plans and specifications for the park, including grading,
landscape, hardscape, signage, furniture and play equipment, are set forth in Exhibit F, and
incorporated herein by reference. The park shall be under construction by the time City issues a
building pen -nit for the 25th DU and completed to CITY's satisfaction prior to issuance of a building
permit: for the 75th DU of the Project; building permits after the 75th DU shall not be issued until and
unless the park is timely commenced and completed to CITY's satisfaction. In the event that the
Walnut Valley Unified School District and / or developer, as applicable, does not convey the Park
15
Parcel to the City, then this Agreement and all of the entitlements approved concurrently herewith
for development of the Project shall be null and void and of no effect
4.4 Development Agreement Fees.
4.4.1 Residential Fees. In consideration of the vested rights to be accorded
DEVELOPER under this Agreement and CITY's release of the deed restriction limiting the
development of the Property, Developer agrees to pay to the CITY a development agreement fee
computed as follows:
4.4.1.1 Upon the issuance of certificates of occupancy for each DU in the Project,
$10,000 per DU;
4.4.1.2 Upon issuance of certificates of occupancy for the last fifty (50) DUs,
Developer shall pay into an escrow account an additional $10,000 per DU
(for a total of $500,000). Upon close of escrow for conveyance of the last
DU in the Project, City will be paid from the escrow account an amount
representing 20% of all gross sales of DUs in excess of $89,000,000, but
in no event to exceed $500,000 in total additional fees to City. Any
amounts remaining in the escrow account after City is paid its 20% share
shall revert to Developer,. Any interest earned on the principal amount in
the account shall be provided to City.
4.4.1.3 The total development agreement fee shall be the amount paid pursuant to
subsection 4.4.1.1 ($990,000) plus the amount (if any) paid pursuant to the
formula contained in subsection 4.4.1.2.
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4.5 Processing Fees.
4.5.1 DEVELOPER shall pay to CITY all applicable processing fees regularly
charged by CITY, the amount of which may be increased from time to time on a City-wide, non-
discriminatory basis.
4.5.2 Within 30 days of DEVELOPER'S receipt of an invoice from CITY,
DEVELOPER shall reimburse CITY for additional costs incurred by CITY in connection with
preparing, reviewing, or evaluating this Agreement and the Development Approvals. Such
reimbursement shall include staff time and materials charges in excess of those charges included
within CITY'S usual processing fees, including overtime, and shall include the City Attorney's fees.
4.5.3 DEVELOPER shall reimburse CITY for any and all actual costs incurred,
including staff time at standard CITY rates, in monitoring and enforcing DEVELOPER's
performance of its obligations hereunder. This reimbursement is exclusive of the annual review fee
provided for in Section 5.1 herein.
4.6 No Additional Impact Fees. Except for the City Traffic Fee and the Quimby Fees, the
City may not impose any new, additional, or increased Development Impact Fees upon the Property
during the term of this Agreement. DEVELOPER acknowledges that a reasonable relationship
exists between the Development Impact Fees, Development Exactions and Processing Fees
imposed herein and in the Development Approvals and the impacts of the Project on the City and the
community and CITY's costs of processing. DEVELOPER agrees not to challenge the legality of
the Development Impact Fees, Development Exactions and Processing Fees.
5. REVIEW FOR COMPLIANCE.
5.1 Periodic Review. The City Manager (or its designee) shall review this Agreement
annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith
compliance by DEVELOPER with the terms of the Agreement. DEVELOPER shall submit an
Annual Monitoring Report, in a form acceptable to the City Manager (or its designee), within 30
days after written notice from the City Manager (or its designee). The Annual Monitoring Report
shall be accompanied by an annual review and administration fee sufficient to defray the estimated
costs of review and administration of the Agreement during the succeeding year. The amount of the
annual review and administration fee shall be set annually by resolution of the City Council.
5.2 Special Review. The City Council may order a special review of compliance with this
Agreement at any time. The City Manager (or its designee) shall conduct such special reviews.
5.3 Procedure.
(a) During either a periodic review or a special review, DEVELOPER shall be
required to demonstrate good faith compliance with the terms of the Agreement. The burden of
proof on this issue shall be on DEVELOPER.
(b) Upon completion of a periodic review or a special review, the City Manager
(or its designee) shall submit a report to the City Council setting forth the evidence concerning
17
good faith compliance by DEVELOPER with the terms of this Agreement and his or her
recommended finding on that issue.
(c) If the City Council finds on the basis of substantial evidence that
DEVELOPER has complied in good faith with the terms and conditions of this Agreement, the
review shall be concluded_
(d) If the City Council makes a preliminary finding that DEVELOPER has not
complied in good faith with the terms and conditions of this Agreement, the City Council may
modify or tenminate this Agreement as provided in Section 5.4 and Section 5.5. Notice of default
as provided under Section 7.4 of this Agreement shall be given to DEVELOPER prior to or
concurrent with, proceedings under Section 5.4 and Section 5.5.
5.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3,
CITY detennines to proceed with modification or tennination of this Agreement, CITY shall give
written notice to DEVELOPER of its intention so to do. The notice shall be given at least ten
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify the
Agreement; and,
(c) Such other information as is reasonably necessary to inform DEVELOPER of
the nature of the proceeding.
5.5 Hearing on Modification or Termination. At the time and place set for the hearing on
modification or tennination, DEVELOPER shall be given an opportunity to be heard. DEVELOPER
shall be required to demonstrate good faith compliance with the terms and conditions of this
Agreement. The burden of proof on this issue shall be on DEVELOPER. If the City Council finds,
based upon substantial evidence, that DEVELOPER has not complied in good faith with the terms or
conditions of the Agreement, the City Council may terminate this Agreement or modify this
Agreement and impose such conditions as are reasonably necessary to protect the interests of the
CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to
Section 1094.5 of the Code of Civil Procedure.
5.6 Certificate of Agleement Compliance. If, at the conclusion of a periodic or special
review, DEVELOPER is found to be in compliance with this Agreement, CITY shall, upon request
by DEVELOPER, issue a Certificate of Agreement Compliance ("Certificate") to DEVELOPER
stating that after the most recent periodic or special review and based upon the information known or
made known to the City Manager (or its designee) and City Council that (1) this Agreement remains
in effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form, shall
contain information necessary to communicate constructive record notice of the finding of
compliance, shall state whether the Certificate is issued after a periodic or special review and shall
state the anticipated date of commencement of the next periodic review. DEVELOPER may record
the Certificate with the Los Angeles County Recorder.
W:3
Whether or not the Certificate is relied upon by assignees or other transferees or
DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the
periodic or special review, but was concealed from or otherwise not known to the City Manager (or
its designee) or City Council.
6. PREVAILING WAGES.
5.1 Public Works Detennination. DEVELOPER has been alerted to the requirements of
California Labor Code section 1770 et seg., including, without limitation S.B. 975, which require
the payment of prevailing wage rates and the performance of other requirements if it is determined
that this Development Agreement constitutes a public works contract. It shall be the sole
responsibility of DEVELOPER to determine whether to pay prevailing wages for any or all work
required by this Development Agreement. As a material part of this Development Agreement,
DEVELOPER agrees to assume all risk of liability arising from any decision not to pay prevailing
wages for work required by this Development Agreement.
6.2 Indemnification. As a further material part of this Development Agreement,
DEVELOPER agrees to indemnify, defend and hold harmless the CITY, its officials, officers,
employees, consultants and agents from any and all claims, liability, loss, costs, damages, expenses,
fines and penalties, of whatever type or nature, including all costs of defense and attorneys' fees,
arising from any alleged failure of the DEVELOPER or DEVELOPER's contractors to comply with
the prevailing wage laws of the State of California. If the CITY or any of the other indemnified
parties is named as a party in any dispute arising from the failure of DEVELOPER or
DEVELOPER's contractors to pay prevailing wages, DEVELOPER agrees that the CITY and those
other indemnified parties may appoint their own independent counsel, and DEVELOPER agrees to
pay all attorneys' fees and defense costs of the CITY and the other indemnified parties as billed, in
addition to all other damages, fines, penalties, and losses incurred by the CITY and those other
indemnified parties as a result of the action.
DEFAULT AND REMEDIES.
7.1 (a) DEVELOPER's Remedies . It is acknowledged by the parties that CITY
would not have entered into this Agreement if it were to be liable in damages under this Agreement,
or with respect to this Agreement or the application thereof. In addition, the parties agree that
monetary damages are not an adequate remedy for DEVELOPER if CITY should be determined to
be in default hereunder. The parties further agree that specific perfonnance shall be DEVELOPER's
only remedy under this Agreement and DEVELOPER may not seek monetary damages in the event
of a default by CITY under this Agreement. DEVELOPER covenants not to sue for or obtain
monetary damages for breach by CITY of any provisions of this Agreement.
(b) CITY's Remedies. The parties agree that CITY shall have limited remedies
for monetary damages and specific perfonnance as provided in this Section 7.2 CITY shall not
have; any right to compel specific performance with respect to the construction of the Project or any
obligation to construct the Project. Further, CITY shall have no right to monetary damages as a
result of DEVELOPER's failure to construct the project. However, CITY shall have the right to
sue for monetary damages for failure by DEVELOPER to pay any amounts owing under this
19
Agreement including without limitation any amounts owing pursuant to Sections 4 and 5.1. In no
event shall CITY be entitled to consequential damages or punitive damages for any breach of this
Agreement. CITY shall also have the right to seek monetary damages for reimbursements of the
actual costs incurred by CITY to construct, complete, demolish, remove or restore any physical
infrastructure improvement in the public right of way that DEVELOPER commences constructing
but fails to complete. Further, nothing in this Agreement precludes CITY from exercising its rights
to enforce bonds or other security furnished by DEVELOPER to CITY as required in the
Development Plan.
7.2 Release. DEVELOPER, for itself, its successors and assignees, hereby releases the
CITY, its officials, officers, agents and employees from any and all claims, demands, actions, or suits
of any kind or nature arising out of any liability, known or unknown, present or future, including, but
not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the
California Constitution, the Fifth Amendment of the United States Constitution, or any other law or
ordinance that seeks to impose any other liability or damage, whatsoever, upon the CITY because it
entered into this Agreement or because of the terms of this Agreement.
7.3 Termination or Modification of Agreement for Default of DEVELOPER. Subject to
the provisions contained in Subsection 5.5 herein, CITY may terminate or modify this Agreement for
any failure of DEVELOPER to perform any material duty or obligation of DEVELOPER under this
Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as
"default"); provided, however, CITY may terminate or modify this Agreement pursuant to this
Section only after providing written notice to DEVELOPER of default setting forth the nature of the
default and the actions, if any, required by DEVELOPER to cure such default and, where the default
can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after
the effective date of such notice or, in the event that such default cannot be cured within such 60 day
period but can be cured within a longer time, has failed to commence the actions necessary to cure
such default within such 60 day period and to diligently proceed to complete such actions and cure
such default.
7.4 Tennination of Agreement for Default of CITY. DEVELOPER may terminate this
Agreement only in the event of a default by CITY in the perfonnance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of the
default and the actions, if any, required by CITY to cure such default and, where the default can be
cured, CITY has failed to take such actions and cure such default within 60 days after the effective
date of such notice or, in the event that such default cannot be cured within such 60 day period but
can be cured within a longer time, has failed to commence the actions necessary to cure such default
within such 60 day period and to diligently proceed to complete such actions and cure such default.
THIRD PARTY LITIGATION.
8.1 General Pian Litigation. CITY has determined that this Agreement is consistent with
its General Plan, and that the General Plan meets all requirements of law. DEVELOPER has
reviewed the General Plan and concurs with CITY's determination.
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CITY shall have no liability in damages under this Agreement for any failure of CITY to
perforin under this Agreement or the inability of DEVELOPER to develop the Property as
contemplated by the Development Plan of this Agreement as the result of a judicial determination
that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid
or inadequate or not in compliance with law.
8.2 Third Party Litigation Concerning Agreement. DEVELOPER shall defend, at its
expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officials, officers,
independent contractors, subcontractors, and employees from any claim, action or proceeding against
CITY, its agents, officials, officers, independent contractors, subcontractors, or employees to attack,
set aside, void, or annul the approval of this Agreement or the approval of any Subsequent
Development Approval granted pursuant to this Agreement. CITY shall promptly notify
DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If
CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY
fails to cooperate in the defense, DEVELOPER shall not thereafter be responsible to defend,
indemnify, or hold harmless CITY. CITY may, in its discretion, participate in the defense of any
such claim, action or proceeding, at DEVELOPER's expense, with counsel of CITY's choosing..
8.3 Indemnity. In addition to the provisions of Section 8.2 above, DEVELOPER shall
indemnify and hold CITY, its officials, officers, agents, employees and independent contractors free
and harmless from any liability whatsoever, based or asserted upon any act or omission of
DEVELOPER, its officers, agents, employees, subcontractors and independent contractors, for
property damage, bodily injury, or death (DEVELOPER's employees included) or any other element
of damage of any kind or nature, relating to or in any way connected with or arising from the
activities contemplated hereunder, including, but not limited to, the study, design, engineering,
constriction, completion, failure or conveyance of the public improvements, save and except claims
for damages to the extent arising through the gross active negligence or willful misconduct of CITY_
DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials,
agents, employees, subcontractors and independent contractors in any action or proceeding based
upon such alleged acts or omissions. CITY may, in its discretion, participate in the defense of any
such action or proceeding. This indemnity provision shall survive the termination of this Agreement.
8.4 Environment Assurances. DEVELOPER shall indemnify and hold CITY, its officers,
officials, agents, independent contractors, subcontractors, and employees free and harmless from any
liability, based or asserted, upon any act or omission of DEVELOPER, its officers, agents,
employees, subcontractors, predecessors in interest, successors, assigns and independent contractors
for any violation of any federal, state or local law, ordinance or regulation relating to industrial
hygiene or to environmental conditions on, under or about the Property, including, but not limited to,
soil and groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys'
fees, CITY, its officers, officials, independent contractors, subcontractors, agents and employees in
any action based or asserted upon any such alleged act or omission. CITY may, in its discretion,
participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves
the right to either (1) approve the attorney(s) that DEVELOPER selects, hires or otherwise engages
to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its
21
own defense, provided, however, that DEVELOPER shall reimburse CITY forthwith for any and all
reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting
therefor.
8.6 Survival. The provisions of this Sections 8.1 through 8. 6, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit DEVELOPER, in any
manner, at DEVELOPER's sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing financing
with respect to the Property. CITY acknowledges that Mortgagees providing such financing may
require certain Agreement interpretations and modifications and agrees upon request, from time to
time, to meet with DEVELOPER and representatives of such Mortgagees to negotiate in good faith
any such request for interpretation or modification. CITY will not unreasonably withhold its consent
to any such requested interpretation or modification provided such interpretation or modification is
consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be
entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or
any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of
any default by DEVELOPER in the performance of DEVELOPER's obligations under this
Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any
notice of default given to DEVELOPER under the terms of this Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to
DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default
during the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an
obligation or duty under this Agreement to perform any of DEVELOPER's obligations or other
affinmative covenants of DEVELOPER hereunder, or to guarantee such performance; provided,
however, that to the extent that any covenant to be performed by DEVELOPER is a condition
precedent to the performance of a covenant by CITY, the performance thereof shall continue to be
a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer
22
or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of
this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Los Angeles County Recorder by the City Clerk within the period
required by Section 65868.5 of the Government Code.
10.2 Entire AP-reement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements that are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall be
admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions
of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be
determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth
therein, are essential elements of this Agreement and CITY would not have entered into this
Agreement but for such provisions, and therefore in the event such provisions are determined to be
invalid., void or unenforceable, this entire Agreement shall be null and void and of no force and
effect whatsoever.
10.4 Interpretation and Goveming Law. This Agreement and any dispute arising hereunder
shall be govemed and interpreted in accordance with the laws of the State of California. This
Agreement shall be construed as a whole according to its fair language and common meaning to
achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not be employed in interpreting
this Agreement, all parties having been represented by counsel in the negotiation and preparation
hereof.
10.5 Section Headings. All section headings and subheadings are inserted for convenience
only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Time of Essence. Time is of the essence in the performance of the provisions of this
Agreement as to which time is an element.
10.8 Waiver. Failure by a party to insist upon the strict perfonnance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party's right to insist and demand
strict compliance by the other party with the teens of this Agreement thereafter.
23
10.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have any
right of action based upon any provision of this Agreement.
10.10 Force Majeure. Neither party shall be deemed to be in default where failure or delay
in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other
Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the
party's control, (including the party's employment force), government regulations, court actions (such
as CEQA challenge(s), restraining orders or injunctions), or other causes beyond the party's control.
If any such events shall occur, the term of this Agreement and the time for performance by either
party of any of its obligations hereunder maybe extended by the written agreement of the parties for
the period of time that such events prevented such performance, provided that the tenor of this
Agreement shall not be extended under any circumstances for more than five (5) years.
10.11 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefited thereby of
the covenants to be performed hereunder by such benefited party.
10.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and the
benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement.
All provisions of this Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the land_ Each covenant to do or refrain from doing some act hereunder with
regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of
the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party
and each successor in interest during ownership of the Property or any portion thereof.
10.13 Counterparts. This Agreement maybe executed by the parties in counterparts, which
counterparts shall be construed together and have the same effect as if all of the parties had executed
the same instrument.
10.14 Jurisdiction and Venue. Any action at law or inequity arising under this Agreement or
brought by a party hereto for the purpose of enforcing, construing or detenmining the validity of any
provision of this Agreement shall be filed and tried in the Superior Court of the County of Los
Angeles, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.15 Project as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terns, covenants and conditions contained in this
Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and DEVELOPER is that of a government entity
regulating the development of private property and the developer of such property.
10.16 Further Actions and Instruiments. Each of the parties shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the performance of all
24
obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the
request of either party at any time, the other party shall promptly execute, with acknowledgment or
affidavit if reasonably required, and file or record such required instruments and writings and take
any actions as maybe reasonably necessaryunder the terms of this Agreement to carry out the intent
and to fulfill the provisions of this Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.18 Agent for Service of Process. In the event DEVELOPER is not a resident of the State
of California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
DEVELOPER shall file with the City Manager (or its designee), upon its execution of this
Agreement, a designation of a natural person residing in the State of California, giving his or her
name, residence and business addresses, as its agent for the purpose of service of process in any court
action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any
process in any such action shall constitute valid service upon DEVELOPER. If for any reason service
of such process upon such agent is not feasible, then in such event DEVELOPER may be personally
served with such process out of Los Angeles County and such service shall constitute valid service
upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction
of the Court referenced in Section 10.14 so obtained and waives any and all objections and protests
thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague
Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or
Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.19 Authority to Execute. The person or persons executing this Agreement on behalf of
DEVELOPER warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and
represents that he or she/they has/have the authority to bind DEVELOPER to the performance of its
obligations hereunder.
10.20 DEVELOPER ACKNOWLEDGES AND AGREES THAT DEVELOPER
THOROUGHLY REVIEWED THIS AGREEMENT THE RIGHTS AND OBLIGATIONS OF
DEVELOPER UNDER THIS AGREEMENT, WITH LEGAL COUNSEL, AND DEVELOPER
HAS EQUAL BARGAINING POWER AND THE REQUISITE EXPERIENCE,
SOPHISTICATION, AND FINANCIAL STRENGTH TO UNDERSTAND, INTERPRET, AND
AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION,
THE TERMS OF SECTION 4.4 OF THIS AGREEMENT. DEVELOPER ACKNOWLEDGES
AND .AGREES THAT IT HAS EVALUATED THE RISKS AND MERITS OF OBLIGATIONS
AND BENEFITS OF THIS AGREEMENT AND IS WILLING AND ABLE TO BEAR THE
ECONOMIC RISK OF THIS AGREEMENT AND ALL REMEDIES RELATED THERETO.
25
I WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year set forth below.
Dated:
"DEVELOPER"
JCCL-SOUTH POINTE WEST, LLC
a Delaware limited liability company
By: South Pointe West Investors, LLC
a California limited liability company
By: _
Name:
Title:
By: Lewis-LJCC Member, LLC,
a Delaware limited liability company
LEWIS OPERATING CORP.,
a California corporation — sole manager
By:_
Name:
Title:
"CITY"
CITY OF DIAMOND BAR
Dated: By:
Name:
Title:
26
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On before me, a Notary
Public in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE; OF CALIFORNIA )
) ss.
COUNTY OF
On _ before me, a Notary
Public in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
EXHIBIT "A-1"
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Legal Description of Property
EXHIBIT "A-2"
TOSOUTH POINTE WEST DEVELOPMENT AGREEMENT
Description of Annexable Property
Exhibit "A-2"
EXHIBIT "A-3"
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Notice of Annexation
Recording requested by:
TITLE COMPANY
Order No_
When recorded return to:
(Space Above This Line for Recorder's Use Only)
NOTICE OF ANNEXATION
FOR
SOUTH POINTE WEST
Exhibit "A-3"
NOTICE OF ANNEXATION
SOUTH POINTE WEST DEVELOPMENT AGREEMENT
THIS NOTICE OF ANNEXATION ("Notice of Annexation") is executed by the City of
Diamond Bar ("City") and JCCL-South Pointe West, LLC, a Delaware limited liability company
("Developer") this day of , 200_ pursuant to and in accordance with
that certain South Pointe West Development Agreement between the City of Diamond Bar and
Developer approved , 200_ (Ordinance _(200_) (the "Development Agreement').
RECITALS
A. Developer is the owner of that certain real property located in the City of Diamond Bar,
County of Los Angeles, State of California, more particularly described and set forth in
Exhibit "A" attached hereto and incorporated herein by this reference (the "Annexable
Property").
B. Section 1.1.22 of Development Agreement requires that Developer annex the Annexable
Property into the Development Agreement within thirty (3 0) days after its acquisition of title
to the Annexable Property.
NOW, THEREFORE, in accordance with the foregoing recitals and pursuant to
Section 1.1.22 of the Development Agreement, City and Developer agree as follows:
ARTICLE 1
ANNEXATION
1.1 Annexation of Annexable Property. City and Developer hereby declare that the Annexable
Property is annexed to and made part of the Property already subject to the Development
Agreement. This Notice of Annexation constitutes a notice of annexation as described in
Section 1.1.20 of the Development Agreement. By virtue of such annexation, the
Annexation Property is and shall be part of the Property and subject to each and all of the
terms and conditions of the Development Agreement.
ARTICLE 2
GENERAL PROVISIONS
2.1 Amendment. This Notice of Annexation may be amended only in accordance with the
provisions of the Development Agreement.
2.2 Inurement. This Notice of Annexation, and each of the covenants, conditions, restrictions,
reservations, easements, liens and charges set forth in the Development Agreement, shall run
with the Annexable Property and shall inure to the benefit of and be binding upon Developer
and its successors -in -interest to the Annexable Property, for such duration and according to
such terms and provisions as set forth in the Development Agreement.
Exhibit "A-3"
Assignment / Notice of Annexation
Page 2
2.3 Defined Terms. Unless otherwise defined herein, all capitalized words and phrases used in
this Notice of Annexation shall have the same meanings given them in the Development
Agreement.
IN WITNESS WHEREOF, the City and Developer have executed this Notice of
Annexation as of the date first above written to be effective upon its recordation in the Official
Records of Los Angeles County, California.
"CITY"
CITY OF DIAMOND BAR
By:
Name:
Title:
"DEVELOPER"
JCCL-SOUTH POINTE WEST, LLC
a Delaware limited liability company
By: South Pointe West Investors, LLC
a California limited liability company
Lewis-LJCC Member, LLC,
a Delaware limited liability company
LEWIS OPERATING CORP.,
a California corporation — sole manager
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On before me, , a Notary
Public in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose naive is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signatare
STATE OF CALIFORNIA )
) ss.
COUNTY OF
On before me, a Notary
Public: in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Exhibit "A-3"
EXHIBIT A
ANNEXABLE PROPERTY
VESTING TENTATIVE TRACT MAP NO. 063623
.SOUTH POINTE WEST
CITY OF DIAMOND BAR, CALIFORNIA
ABBREVIATIONS
PROJECT MAP
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GENERAL NOTES
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EXHIBIT "C"
TO SOUTH POINTE DEVELOPMENT AGREEMENT
Current Development Approvals
A. Certified Final EIR No. 2005-01, SCH 2005111118, Findings of Facts, Statement
of Overriding Considerations and Mitigation Monitoring Program
B. General Plan Amendment No. 2005-01, changing the three smaller parcels (APN:
8765-005-001 through 003) within the project site from Low Density Residential
to Planning Area 4/Specific Plan, and changing the Planning Area 4/Specific Pan
for the future public park to Park.
C. Zone Change No. 2006-03, changing the zoning district from R-15,000 and RPD
10,000 to Specific Plan (SP) for the project and Recreation (REC) for the future
park.
D. Specific Plan No. 2005-01 for the project area.
E. Vesting Tentative Tract Map No. 63623, a 99 -unit single-family residential
subdivision for condominium purposes.
F_ Conditional Use Permit No. 2005-05, Development Review No. 2005-27 and
Tree Permit No. 2005-06.
EXHIBIT "D"
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Existing Land Use Regulations
1. City of Diamond Bar, Development Code Adopted November 3, 1998.
2. City of Diamond Bar, General Plan Adopted July 25, 1995.
Exhibit "D"
Q
C
EXHIBIT "E"
TO SOUTH POINTE DEVELOPMENT AGREEMENT
Description of Park Parcel
3.24 acres of land described as a portion of Lot 49 of Tract No. 32576, Assessor
parcel map no. 8765-005-905.
1.44 acres of land described as Lot A of Vesting Tentative Tract Map No. 63623
VESTING TENTATIVE TRACT MAP N0. 063623
SOUTH POINTE WEST
CITY OF DIAMOND BAR, CALIFORNIA
PROJECT MAP
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ABBREVIATIONSLnrwwea i.aMe�� �•� O5 L0T
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EXHIBIT "F"
TO SOUTH POINTE DEVELOPMENT AGREEMENT
Park Plans and Specifications
Exhibit "F'"
City of Diamond Bar
Larkstone Park General Specifications
Revised 3/6/07
Overriding Consideration: Construction Plans and specifications for Larkstone Park shall be
approved by the Community Services Director before the start of any work. The Improvement
information set forth below shall serve as the general specifications for the construction of
Larkstone Park. The Community Services Director, City Manager and other City staff shall
cooperate with Developer in the finalization of the specific plans and specifications, share
information with Developer concerning the procurement of improvement materials (such as
benches, pllay equipment, etc.) for existing City parks (Pantera Park, Starshine Park, etc.), and
shall be flexible in final park specifications, all in a good faith effort to keep Developer's
expense for improvement of Larkstone Park reasonable.
The project: plans and specifications utilized include:
1. Sycamore Canyon Park Trail and Trail Head Project completed January 10, 2006.
2. Starshine Park Improvement Project completed June 29, 2005.
3. Sycamore Canyon Park Improvement Project Phase II completed August 10, 2005.
4. Brea Canyon Cut-off Improvement Project completed December 8, 2005
5. Brea Canyon Road / Gerndal Landscape Project completed December 8, 2005.
6. Diamond Bar Center Landscaping Plan approved by City Council October 5, 2004.
7. Pantera Park Pre -fab restroom building currently under design by RJM Design Group.
8. Sycamore Canyon Park Improvement Project Phase III (Under construction as of 3/6/07).
Improvements to Upper Pad:
1. Tot Lot for 5-12 year olds with accessible rubberized fibar surfacing, sand and sump
drain.
• Landscape Structures Play Equipment per Starshine Park specs (#2 above).
• Surface America Rubberized Fibar Surfacing per Starshine Sycamore Canyon Park
Improvement Project Phase III specs (#8 above).
Gail Materials play area sand per Starshine Park specs (#2 above).
Sump Drain per Starshine Park specs (#2 above).
2. Tot Lot for 2-5 year olds with accessible rubberized fibar surfacing, sand and sump drain.
• Landscape Structures Play Equipment per Starshine Park specs (#2 above).
• Surface America Rubberized Fibar Surfacing per Starshine Sycamore Canyon Park
Improvement Project Phase III specs (#8 above).
• Gail Materials play area sand per Starshine Park specs (#2 above).
• Sump Drain per Starshine Park specs (#2 above).
3. Concrete Perimeter walkway with security lights and 4 trash receptacles.
5 foot wide X 4 inch thick concrete walkway per Starshine Park specs (#2 above).
• Trash receptacles (Quick Crete model QRCAL-2436-WD19-P2 Light Sandblast -
Natural Gray C-1) per Sycamore Canyon Park Improvement Project Phase II
specs (#3 above).
• Security Lights manufactured by Kim, model 1A/AR3/250MH/120/DB-
PNV/PRA20/4188/A/DB-P per Starshine Park specs (42 above).
4. Trail head to Larkstone Trail per Sycamore Canyon Park Trail and Trail Head specs (#1
above)
• Single -sided Information Kiosk model L1087 from R.G. Detmers & Asso.
• 5 foot wide X 3 inch thick decomposed granite path with binder from Gail Materials.
5. Grass play area
• Marathon II Sod per Sycamore Canyon Park Trail and Trail Head specs (#1 above).
6. Picnic area with 1 table, 1 barbecue and 1 trash receptacle per location — 2 locations
• Concrete pads, concrete picnic tables (Quick Crete model Q-LBT-96PT), barbecues
(LA Steelcraft model 300) and trash receptacles (Quick Crete model QRCAL-
2436-WD19-P2 Light Sandblast -Natural Gray C-1) per Sycamore Canyon Park
Improvement Project Phase II specs (#3 above).
7. Park benches — 3 each
Wabash Decorative benches per Sycamore Canyon Park Trail and Trail Head specs
(#1 above).
8. Drinking fountain
• Most Dependable Fountains model 440 with sand trap and sump drain per Sycamore
Canyon Park Trail and Trail Head specs (#1 above).
9. Restroom building.
• 400 sq ft. pre -fab building from The Public Restroom Company per Pantera Park
pre -fab restroom specs (#7 above).
• Security lights required on outside of building.
Automatic electrical timer to control restroom lights and all security lights in Larkstone
Park.
• E=lectrical outlets outside building for two beverage vendor machines (vendors to be
provided by others).
10. Parking lot for 11 cars plus one handicap stall per Sycamore Canyon Park Trail and Trail
Head specs (#1 above).
• 2'/s" Class 'C' A.C. Pavement.
• 2" of %" Minus crushed rock leveling course.
• 6" of 1'/z' Minus crushed rock base.
• 90% compacted subgrade.
• Security Lights manufactured by Kim, model 1A/AR3/250MH/120/DB-
PNV/PRA20/4188/A/DB-P per Starshine Park specs (#2 above).
11. Monument park identification sign per existing monument sign at Starshine Park.
12. Automatic irrigation controller (Edison powered) and irrigation system.
• C:alsense Controller model ET2000-24-RR-SSE-R-FM-1 B Radio Controlled per Brea
Canyon Cut-off Improvement Project specs (#4 above).*
• Febco Backflow device with stainless steel protective cage from Strongbox, model
SBBC-45SS per Starshine Park specs (#2 above).*
• Remote Control Valves from Hunter, model IVC -101G -FSB -ASR in purple valve box
per Starshine Park specs (#2 above).
• Must meet all WVWD Recycled Water requirements including purple pipe and purple
boxes.
13. Trees to be planted per Starshine Park specs (#2 above).
• Trees to include are: London Plane, Liquid Ambar, Jacaranda, Canary Island Pine,
Camphor, Australian Willow and crape myrtle as an accent tree.
• 'Trees to be minimum size of 24 inch box.
Improvements to Lower Pad:
Concrete Perimeter walkway with security lights and 4 trash receptacles.
5 foot wide X 4 inch thick concrete walkway per Starshine Park specs (#2 above).
• Trash receptacles (Quick Crete model QRCAL-2436-WD19-P2 Light Sandblast -
Natural Gray C-1) per Sycamore Canyon Park Improvement Project Phase II
specs (#3 above).
• Security Lights manufactured by Kim, model 1A/AR3/250MH/120/DB-
P/W/PRA20/4188/A/DB-P per Starshine Park specs (#2 above).
2. Grass play area
• Marathon II Sod per Sycamore Canyon Park Trail and Trail Head specs (#1 above).
3. Picnic area with 1 Table, 1 barbecue and 1 trash receptacle — 1 location
• Concrete pad, concrete picnic table (Quick Crete model Q-LBT-96PT), barbecue
(LA Steelcraft model 300) and trash receptacle (Quick Crete model QRCAL-
2436-WD19-P2 Light Sandblast -Natural Gray C-1) per Sycamore Canyon Park
Improvement Project Phase II specs (#3 above).
4. Drinking fountain
• Most Dependable Fountains model 440 with sand trap and sump drain per Sycamore
Canyon Park Trail and Trail Head specs (#1 above).
5. Flowering garden area per planting plan specs for Brea Canyon Road / Gerndal
Landscape Project (#5 above).
Planting material to include: Indian Hawthorn, Rockrose, Lily of the Nile, Daylily,
Pink Carpet Rose, Gazania Mitsuwa "Yellow" and Crape Myrtle trees. .
6. Parking lot for 6 cars including one handicap stall per Sycamore Canyon Park Trail and
Trail Head specs (#1 above).
• 2 '/z" Class `C' A.C. Pavement.
• 2" of 3/4" Minus crushed rock leveling course.
• 6" of 1'/2" Minus crushed rock base.
• 90% compacted subgrade.
• Security lights manufactured by Kim, model 1A/AR3/250MH/120/DB-
PNV/PRA20/4188/A/DB-P per Starshine Park specs (#2 above).
7. Park benches — 2 each
• Wabash Decorative benches per Sycamore Canyon Park Trail and Trail Head specs
(#1 above).
8. Monument park identification sign per existing monument sign at Starshine Park.
9. Automatic irrigation controller (Edison powered) and irrigation system.
• Calsense Controller model ET2000-24-RR-SSE-R-FM-1 B Radio
Controlled per Brea Canyon Cut-off Improvement Project specs (#4 above).*
• Febco Backflow device with stainless steel protective cage from Strongbox, model
SBBC-45SS per Starshine Park specs (#2 above).*
• Remote Control Valves from Hunter, model IVC -101G -FSB -ASR in purple valve box
per Starshine Park specs (#2 above).
• Must meet all WVWD Recycled Water requirements including purple pipe and purple
boxes.
10. Trees to be planted per Starshine Park specs (#2 above).
• Trees to include are: London Plane, Liquid Ambar, Jacaranda, Canary Island Pine,
Camphor, Australian Willow and crape myrtle as an accent tree.
• Trees to be minimum size of 24 inch box.
Slopes Planting:
Planting Plan Per Diamond Bar Center Landscaping specs (#6 above)
• Automatic irrigation controller (Edison powered) and irrigation system per Brea
Canyon Cut-off Improvement Project specs (#4 above).*
• Calsense Controller model ET2000-24-RR-SSE-R-FM-1 B Radio Controlled per Brea
Canyon Cut-off Improvement Project specs (#4 above).*
• Febco Backflow device with stainless steel protective cage from Strongbox, model
SBBC-45SS per Starshine Park Improvement Project (#2 above).*
• Remote Control Valves from Hunter, model IVC -101 G -FSB -ASR in purple valve box
per Starshine Park specs (#2 above).
• Must meet all WVWD Recycled Water requirements including purple pipe and
purple boxes.
• Slope planting material to include: Oaks, California Peppers, Walnuts, London Planes
(trees to be minimum 24 inch box), toyon, pyracantha, acacia redolens and
cotoneaster per Diamond Bar Center Landscaping specs (#6 above).
* Two water meters will be required by Walnut Valley Water District (WVWD), one for domestic
and one for landscaping. One automatic irrigation controller should control irrigation to the entire
site. Two backflow prevention devices will be required, one to each water meter.
SCHEDULEI
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Entitlement Processing Schedule
Schedule 1
SCHEDULE2
TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT
Project Impact Fees
FEE DESCRIPTION AMOUNT TIME OF PAYMENT
City Traffic Fee [To be Determined per Section 4.2.1]
Quimby Fee $8,501 per DU
total $841,000
Schedule 2
Residential — prior to each certificate of
occupancy
Prior to each certificate of occupancy
ORDINANCE NO. 03 (2007)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE
CHANGE NO.2006-03 CHANGING THE EXISTING ZONING TO SPECIFIC
PLAN FOR PROPERTY COMPRISED OF APPROXIMATELY 34.52 ACRES
GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF
MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD
(ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03,
8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-
026-901)
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for Zone
Change No. 2006-03 for a site comprised of approximately 34.52 acres
generally located south of Larkstone Drive, east of Morning Sun Avenue,
and west of Brea Canyon Road, and identified as Assessors Parcel
Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and
portions of 8765-005-905, 8763-026-907, and 8763-026-901.
2. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has
been prepared for the project, which found that the proposed project may
have remaining significant impacts that require adoption of "Findings of
Facts and Statement of Overriding Considerations." Per CEQA Guidelines
Section 15090, the EIR was reviewed by the City Council before project
approval;
3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution
certifying the EIR, adopting a mitigation monitoring plan, and adopting
"Findings of Facts and Statement of Overriding Considerations" was
approved by the City Council prior to considering this resolution;
4. The applicant has requested approval of Specific Plan No. 2005-01 (South
Pointe West Specific Plan) that is being reviewed concurrently with this
application, which includes a land use plan that divides the property into four
sub -planning areas (Open Space, Low -Medium Density Residential, Park,
and Circulation) and includes standards and guidelines for future
development of the specific plan site;
5. The applicant has specifically requested the City to approve the following:
(a) Zone Change No. 2006-03, revising the City's zoning map to
change the land use designation for the project site to Specific Plan
and Recreation.
6. Public hearing notices were mailed to approximately 518 property owners
of record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. On December 8, 2006,
notification of the public hearing for this project was properly advertised in
the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers.
7. On November 14 and continued to November 28, 2006, the Planning
Commission of the City of Diamond Bar conducted and concluded a duly
noticed public hearing on the application and approved Resolution No.
2006-53 recommending the City Council approve Zone Change
No. 2006-03;
8. On December 19, 2006, and continued to January 16, February 6,
February 20, and March 6, 2007, the City Council of the City of Diamond
Bar conducted a duly noticed public hearing on Zone Change No. 2006-
03;
9. The City Council has determined that the proposed Zone Change
represents a consistent, logical, appropriate and rational land use
designation and implementing tool that furthers the goals and objectives of
the City General Plan.
10. The documents and other materials constituting the administrative record
of the proceedings upon which the City's decision is based are located at
the City of Diamond Bar, Department of Community Development
Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA
91765.
B ORDINANCE
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A of this Ordinance are true and correct.
2. The City Council finds that the initial study prepared for the project
identified above in this Resolution concluded that an Environmental
Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared.
An EIR has been prepared according to the requirements of the California
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Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. On December 19, 2006, the City Council reviewed the EIR
and adopted Resolution No. 2006-78 certifying the EIR as complete and
adequate after conducting and concluding a duly noticed public hearing.
On December 20, 2006, the City filed a Notice of Determination with the
Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA
Guidelines.
3. Following the certification of the EIR, in response to comments received
during the public hearings of January 16, February 6 and February 20,
2007, the Council caused the Applicant to prepare a Traffic Impact
Analysis Addendum (Traffic Addendum). The Traffic Addendum included
additional traffic counts on selected street segments and intersections with
South Pointe Middle School in session, studied the results of different
limitations on vehicular use (exit only, entry only and emergency only) of
the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and
considered the pedestrian safety issues with respect to the residential
streets in the unincorporated area of Los Angeles County located near to
the project's secondary Morning Sun Avenue gate.
4. At the continued public hearing March 6, 2007, the Council reviewed the
Traffic Addendum report dated February 22, 2007. The Council finds that
the traffic volume expected to be generated by the Project is within the
City adopted Traffic Impact Analysis Guidelines and that after construction
of the Project the streets will continue to operate at an acceptable Level of
Service. Furthermore, the Council finds that the Traffic Addendum
concludes that there is no impact to pedestrian safety as a result of the
traffic generated by the proposed project. The City's independent
consultant has reviewed the Traffic Addendum and determined that it is
complete and accurate.
5. The Council finds that certified EIR (which includes the previous Traffic
Impact Analysis dated June 23, 2006) together with the Traffic Addendum
dated February 22, 2007 are a complete and accurate assessment of
traffic impacts from the Project. Further, the Council finds that the
additional data analyzed in the Traffic Addendum did not result in the
introduction of any new significant impact that has not been previously
disclosed in the FEIR. The Council determines that according to CEQA
Guidelines Section 15162 none of the criteria exists requiring a
supplemental or subsequent EIR.
6. The Council has reviewed the Addendum to the Certified EIR and
determined that the Addendum complies with Section 15164 of the CEQA
Guidelines.
7. This City Council does hereby find, as required by Municipal Code Section
22.70.050 and in conformance with California Government Code Section
65853 and 65860, that Zone Change No. 2006-03 is consistent with the
General Plan, as follows:
a. The amendment to the Zoning Map is internally consistent with the
General Plan and the adopted goals and policies of the City.
The Zoning Map does not presently reflect the General Plan
designation for the Property, PA-4/SP (Planning Area-4/Specific Plan).
Zone Change No. 2006-03 will place the City's Zoning Map in
conformance with the General Plan by designating the Property as SP
(Specific Plan) and REC (Recreation) for the future public park. The
property is approximate 34.52 acres generally located south of
Larkstone Drive, east of Morning Sun Avenue, and west of Brea
Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02,
8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-
907, and 8763-026-901) shall have a zoning district designation of SP -
Specific Plan and REC - Recreation.
8. The City Council does hereby approve Zone Change No. 2006-03 based
on the above findings, as required by Municipal Code Section 22.70.050
and in conformance with California Government Code Section 65853 and
65860, subject to the following conditions of approval:
a. The zone change shall not take effect until and unless Development
Agreement No. 2005-01 is approved and in effect.
b. The zone change shall not take effect until and unless the South
Pointe West Specific Plan No. 2005-01 is approved and in effect.
The City Council shall:
(1) Certify the adoption of this Ordinance;
(2) Provide notice to South Pointe West, LLC, the applicant, that the
time within which judicial review of the decision represented by this
Ordinance must be sought is governed by the provisions of the
California Code of Civil Procedure Section 1094.6; and
(2) Forthwith transmit a certified copy of this Ordinance to the
applicant, South Pointe West, LCC, forthwith.
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APPROVED AND ADOPTED THIS 6TH DAY OF MARCH 2007, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
ltw
Steve Tye, Mayor
I, Tomrnye Cribbins, 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 6th day of March 2007 and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held on the 20th day of March,
2007, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
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ORDINANCE NO. 04 (2007)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING THE SOUTH
POINTE WEST SPECIFIC PLAN, SPECIFIC PLAN NO. 2005-01, FOR
PROPERTY COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY
LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN
AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL
NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND
PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901)
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for
Specific Plan No. 2005-01 for a site comprised of approximately 34.52
acres generally located south of Larkstone Drive, east of Morning Sun
Avenue, and west of Brea Canyon Road, and identified as Assessors
Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07,
and portions of 8765-005-905, 8763-026-907, and 8763-026-901.
2. Pursuant to Development Code Section 22.60.040 and Government Code
Section 65451 as part of the application for Specific Plan 2005-01, the
applicant has submitted the South Pointe West Specific Plan that contains
a land use plan that divides the property into four sub -planning areas
(Open Space, Low -Medium Density Residential, Park, and Circulation),
proposed infrastructure improvements, implementation measures, a
discussion of the plan's relationship to the General Plan, and land use
development standards and guidelines for future development of the
specific plan site with a 99 -unit residential condominium project with an
approximately 4.7 -acre neighborhood park.
3. The application is being reviewed by the City Council concurrently with
General Plan Amendment No. 2005-01, Zone Change No. 2006-03,
Development Agreement No. 2005-01, Conditional Use Permit
No. 2005-01, Development Review No. 2005-27, Tree Permit No. 2005-
06, Vesting Tentative Tract Map No. 63623, and Environmental Impact
Report No. 2005-01.
4. Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15164 et seq., an Environmental Impact Report (EIR)
has been prepared for the project, which found that the proposed project
may have remaining significant impacts that require adoption of "Findings
of Facts and Statement of Overriding Considerations". Per CEQA
Guidelines Section 15090, the EIR was reviewed by the City Council
before approval of Specific Plan No. 2006-01;
5. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City Council
approved a resolution certifying the EIR, adopting a mitigation monitoring
plan, and adopting "Findings of Facts and Statement of Overriding
Considerations";
6. The applicant has specifically requested the City to approve the following:
(a) Specific Plan No. 2005-01, approving the South Pointe West
Specific Plan for the project site.
T. Public hearing notices were mailed to approximately 518 property owners
of record within a 1,000 -foot radius of the project site. Three public places
within the City of Diamond Bar were posted with the public hearing notices
and a display board was posted at the project site. Notification of the
public hearing for this project was properly advertised in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers.
8. On November 14, 2006, and continued to November 28, 2006, the
Planning Commission of the City of Diamond Bar conducted and
concluded a duly noticed public hearing on the application, and approved
Resolution No. 2006-55 recommending the City Council approve Specific
Plan No. 2006-03;
9.. On December 19, 2006, and continued to January 16, February 6,
February 20, and March 6, 2007, the City Council of the City of Diamond
Bar conducted a duly noticed public hearing on the application. On
February 20, 2007, held a public hearing on a second reading of Specific
Plan No. 2005-01.
10. The City Council has determined that the proposed Specific Plan
represents a consistent, logical, appropriate and rational land use
designation and implementing tool that furthers the goals and objectives of
the City General Plan.
11. The documents and other materials constituting the administrative record
of the proceedings upon which the City's decision is based are located at
the City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
B ORDINANCE
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
The City Council hereby specifically finds that all of the facts set forth in
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the Recitals, Part A of this Ordinance are true and correct.
2. The City Council finds that the initial study prepared for the project
identified above in this Resolution concluded that an Environmental
Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared.
An EIR has been prepared according to the requirements of the California
Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. On December 19, 2006, the City Council reviewed the EIR
and adopted Resolution No. 2006-78 certifying the EIR as complete and
adequate after conducting and concluding a duly noticed public hearing.
On December 20, 2006, the City filed a Notice of Determination with the
Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA
Guidelines.
3. Following the certification of the EIR, in response to comments received
during the public hearings of January 16, February 6 and February 20,
2007, the Council caused the Applicant to prepare a Traffic Impact
Analysis Addendum (Traffic Addendum). The Traffic Addendum included
additional traffic counts on selected street segments and intersections with
South Pointe Middle School in session, studied the results of different
limitations on vehicular use (exit only, entry only and emergency only) of
the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and
considered the pedestrian safety issues with respect to the residential
streets in the unincorporated area of Los Angeles County located near to
the project's secondary Morning Sun Avenue gate.
4. At the continued public hearing March 6, 2007, the Council reviewed the
Traffic Addendum report dated February 22, 2007. The Council finds that
the traffic volume expected to be generated by the Project is within the
City adopted Traffic Impact Analysis Guidelines and that after construction
of the Project the streets will continue to operate at an acceptable Level of
Service. Furthermore, the Council finds that the Traffic Addendum
concludes that there is no impact to pedestrian safety as a result of the
traffic generated by the proposed project. The City's independent
consultant has reviewed the Traffic Addendum and determined that it is
complete and accurate.
5. The Council finds that certified EIR (which includes the previous Traffic
Impact Analysis dated June 23, 2006) together with the Traffic Addendum
dated February 22, 2007 are a complete and accurate assessment of
traffic impacts from the Project. Further, the Council finds that the
additional data analyzed in the Traffic Addendum did not result in the
introduction of any new significant impact that has not been previously
disclosed in the FEIR. The Council determines that according to CEQA
Guidelines Section 15162 none of the criteria exists requiring a
supplemental or subsequent EIR.
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6. The Council has reviewed the Addendum to the Certified EIR and
determined that the Addendum complies with Section 15164 of the CEQA
Guidelines.
7. The City Council hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below,
and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is
no evidence before this City Council that the project proposed herein will
have the potential of an adverse effect on wild life resources or the habitat
upon which the wildlife depends. Based upon substantial evidence, this
City Council hereby rebuts the presumption of adverse effects contained
in Section 753.5 (d) of Title 14 of the California Code of Regulations.
8. Based on the findings and conclusions set forth herein, the City Council
hereby finds as follows:
(a) The project is to develop vacant land comprised of approximately
34.52 acres generally located south of Larkstone Drive, east of
Morning Sun Avenue, and west of Brea Canyon Road (Assessors
Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-
005-07, and portions of 8765-005-905, 8763-026-907, and 8763-
026-901) with 99 single-family condominiums and a public park.
(b) The current General Plan land use designations for the site include
PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -
Density Residential). General Plan Amendment 2005-01 being
consider concurrently with this applicant proposes to remove a map
restriction limiting the numbers of residences on the site and to
change the land use designation for the entire Specific Plan area to
PA-4/SP and the neighborhood park site to Park. With approval of
the General Plan Amendment, the Application will be consistent
with the General Plan land use designation.
(c) The project site is within the R-1-15000 (Single Family Residence -
Minimum Lot Size 15,000 Square Feet) and RPD -10000
(Residential Planned Development with 10,000 -square -foot lot size)
Zones. Zone Change No. 2006-03 is being reviewed concurrently
with the Application that requests that the City Council approve the
zone change from the current zoning to Specific Plan for General
Plan compliance.
(d) Generally to the project site is surrounded by existing single-family
homes on the north, south and west. The South Pointe Middle
School is located just to the northeast of the project site. Vacant
land is borders the site on the east.
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(e) The application involves a request for the following: adoption of the
South Pointe West Specific Plan for development of the site with 99
residential condominiums and an approximately 4.68 -acre
neighborhood park.
Specific Plan: Pursuant to Subdivision Code Section 22.060 of the City's
Development Code and 65451, the City Council finds as follows the
follows:
(f) The South Pointe West Specific Plan document submitted by the
applicant contains plans showing the distribution, location and
extent of the uses of land, including open space.
(g) The South Pointe West Specific Plan includes the proposed
distribution, location and extent and intensity of major components
of public and private transportation, sewage, water, drainage, solid
waste disposal, energy, and other essential facilities proposed to be
located within the area covered by the plan and needed to support
the land uses described in the plan.
(h) The South Pointe West Specific Plan includes standards and
criteria for development to proceed, and standards for the
conservation, development, and utilization of natural resources.
(i) The South Pointe West Specific Plan includes a program of
implementation measures including regulations, programs, public
works projects, and financing measures necessary to carry out the
project.
(j) The South Pointe West Specific Plan includes a statement attesting
to the consistency of the specific plan with the City's General Plan.
5. Based on the findings and conclusions set forth above, the City Council
approves Specific Plan No. 2005-01 with the following conditions:
a. GENERAL
(1) This approval for South Pointe West Specific Plan shall be
null and void and of no affect unless the EIR (SCH No.
2005111118) is certified, the Mitigation Monitoring Program,
Findings of Facts and Statement of Overriding
Considerations are adopted, and General Plan Amendment
No. 2005-01, Zone Change No. 2006-03, Conditional Use
Permit No. 2005-01, Development Review No. 2005-27,
Tree Permit No. 2005-06, and Development Agreement
No. 2005-01, are approved. This approval is valid for three
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years. Two extensions of time, one year each may be
approved pursuant to Development Code Section 22.66.
(2) The approval for South Pointe west Specific Plan shall not
take effect until and unless Development Agreement No.
2005-01 is approved and in effect.
(3) In addition to the conditions in this Ordinance, the project
shall comply with all conditions of approval in City Council
Resolution No. 2007-xx for Vesting Tentative Tract No.
063623 and City Council Resolution No. 2007-xx for CUP
No. 2005-01, DR No. 2005-27 and TP No. 2005-06.
(4) The project shall comply with the Mitigation Monitoring
Program for EIR 2005-01, SCH No. 2005111118. A copy is
attached hereto and referenced herein.
b. SPECIFIC PLAN
(5) Within 60 days from the date of the City Council approval of
the South Pointe West Specific Plan, the applicant shall
submit to the Planning Division for review and approval a
revised South Pointe West Specific Plan documents with the
following changes:
a. The Open Space — Sub -Planning Areas 4A, 413, and
4C section of the plan shall specify the uses permitted
with these areas as open space and recreational and
prohibit development with any residential, institutional,
religious places of worship, schools or colleges uses.
b. Under Section C — Development Standards, the
minimum depth development standard shall pertain to
the condominium footprint and the front yard setback.
C. Under Section C — Development Standards, the
standard pertaining to side yard interior setback shall
be deleted.
d. Under Section C — Development Standards, the street
side yard setback shall be clarified as to whether it is
measured to the inside or outside edge of the
sidewalk.
(6) Within 60 days from the City Council approval date of the
South Pointe West Specific Plan, the applicant shall submit a
detailed design of the park showing all the elements and
amenities for Community Development Director's and
Community Services Director's review and approval.
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(7) The South Pointe West Specific Plan shall be revised to be
consistent with all setbacks contained in the project site plan.
The City Council shall:
(1) Certify to the adoption of this Ordinance;
(2) Provide notice to South Pointe West, LLC, the applicant, that the
time within which judicial review of the decision represented by this
Ordinance must be sought is governed by the provisions of the
California Code of Civil Procedure Section 1094.6; and
(3) Forthwith transmit a certified copy of this Ordinance to the
applicant, South Pointe West, LLC, forthwith.
APPROVED AND ADOPTED THIS 6TH DAY OF MARCH 2007, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
V
Steve Tye, Mayor
I, Tommye Cribbins, 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 6th day of March 2007 and was finally approved at a regular
meeting of the City Council of the City of Diamond Bar on 20th day of March 2007, by
the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Tommye Cribbins, City Clerk
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Agenda # 6.7
Meeting Date: March 20. 2007
CITY COUNCIL ,..M... ' , 1 •
TO: honorable Mayor and Member of the City Council
FROM: James DeStefano, City Man g
TITLE: Approve contract with EDAW, Inc. to provide environmental consulting services to the
City for review of the Aera Energy LLC project ($307,435) and authorize a 10%
contingency to be approved by the City Manager for a total authorization of $337,435
RECOMMENDATION:
Approve
FINANCIAL IMPLICATION:
The project proponent, Aera Energy LLC, has entered into an agreement with the City to reimburse
the City for all costs associated with this contract.
BACKGROUND:
Aera Energy LL -C is the owner of approximately 2,935 acres of land immediately south of the City's
Municipal boundary. For the past 100 years this land has been operated as a working oil field. Now
that the oil field is nearing the end of its useful life the property owner has proposed a development
project to replace the oil operations.
For a considerable amount of time, the Aera Energy LLC (Developer) has been processing its
proposed project with the counties of Orange and Los Angeles to develop entitlements for the entire
2,935 acres. The Developer is now seeking to process entitlements for a portion of the total acreage
(1,940 acres) through the City. The Developer intends to process the remaining acreage,
approximately 995 acres, for entitlements through development applications with the Counties of Los
Angeles and Orange.
DISCUSSION:
The Developer has asked the City for consideration of several entitlement requests to permit the
Construction of 2,800 homes, a 20 acre commercial shopping center, public parks, public open
spaces and related public facilities. Prior to any consideration of the project and public decision
making regarding the merits of the proposal, an environmental impact report must be prepared as
required by Gty Code and State Law and completed in the manner required by the California
Environmental Quality Act.
In December 2006 the City Council approved a pre -annexation agreement with the Developer.
The agreement outlined a lengthy review process for the requested entitlements leading to possible
annexation of the 1,940 acre portion of the overall project area. A critical first step in that process is
the development of the project's Environmental Impact Report. The Developer has previously
prepared environmental information (e.g. traffic report and biological studies). The City must
determine whether or not the information has been prepared properly in order to accept the data and
incorporate the material into the environmental impact report. EDAW will review the data submitted
and assisted by City staff, will cause correction to the information, as necessary. EDAW will prepare
the environmental Impact report which will be distributed by the City, as Lead Agency, for public
review.
The Developer's proposed project is very large and complex. The City awaits the developer's
environmental information and has not commenced a review of the proposed project components.
The City development requirements and requested project revisions may cause additional studies to
be undertaken which may require additional costs and will extend the scheduled completion of the
Draft EIR presently anticipated for July 2007.
Upon completion of the Draft EIR the document will be transmitted to public agencies for review and
made available to the general public for review and comments. All comments provided to the City will
be documented and responses prepared. Changes made to the Draft EIR as a result of comments
received during the public review process will be documented and incorporated within the Final EIR.
It is presently anticipated that the Final EIR will be completed in November 2007 however, the
environmental documentation and review process is expected to require several additional months of
preparation time prior to any City public hearing decisions on the merits of the developers' proposal.
The City solicited proposals from experienced environmental consulting firms to review and analyze
the technical studies submitted by the Developer and create the Environmental Impact Report in
accordance with the California Environmental Quality Act (CEQA). The consultant proposals are on
file with the Cite Clerk. After a thorough review of all the submitted proposals, City staff recommends
the City Council approve the contract with EDAW in the amount of $307,435 and authorize a
contingency of $30,000 for additional work authorized by the City Manager for a total contract
authorization of $337,435.
PREPARED BY:
David Doyle,
Assistant City Manager
ATTACHMENT - Consulting Services Agreement
W
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first written above.
City of (Diamond Bar EDAW, Inc.
By: — By:
Steve Tye, Mayor
ATTEST:
in
Tommye Cribbins, City Clerk
Approved as to Form:
in
City Attorney
8
Aera Energy Master Plan Environmental Impact Report
City of Diamond Bay
Scope of Work
EDAW, Inc.
March 8, 2007
The following scope of work is a refinement to EDAW's preliminary scope of work for
the Aera Energy Master Plan Environmental Impact Report (EIR) peer review, which
was originally presented to the City of Diamond Bar (City) in our January 29, 2007
proposal. This scope of work has been refined and expanded to provide a more
interactive role with the City and Aera's consultants, as requested at our February 22,
2007 meeting with the City and the project team and the expected role of Diamond Bar
as the CEQA lead agency.
In order to provide an understanding of the changes that have occurred to the scope of
work, revisions have been provided in track changes.
TASK 1: PROJECT MOBILIZATION
1.1: Kickoff Meeting
EDAW will meet with the City of Diamond Bar, Aera Energy, and other members of the
planning team to discuss the project, the status of any ongoing technical studies and to
clarify any assumptions for the review process. The kickoff meeting will provide the
opportunity to discuss points of contact; communication protocols with other members
of the planning team; environmental issues; and any other logistical, technical, or
procedural concerns. A focus of this meeting will be to provide the EDAW team with the
documents to be reviewed, to discuss the project and its related components, and to
discuss any project challenges that the technical team has encountered to -date.
1.2: Project Area Reconnaissance
This task: includes a project team site visit. It is assumed that Aera Energy will lead the
site visit. The EDAW project management and technical team will attend the site visit to
gain an understanding of the project site.
TASK 2: PROJECT TEAM MEETINGS
EDAW will meet with the Aera Energy consultant team to review the status of the
project, receive updates on the status of EIR revisions, work collaboratively on technical
issues, and provide guidance on behalf of the City of Diamond Bar. At a minimum,
these team meetings will be attended by EDAW project manager, an assistant planner,
and The Planning Center project manager. In addition, some meetings will require
attendance by EDAW's technical specialists.
Included in this task will be meetings focused on technical issue areas, where Aera's
technical specialists will meet with EDAW specialists to provide an overview of the
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project and initiate a collaborative working relationship between the technical team
members. It is also anticipated that several of the meetings could be attended by the
City of Diamond Bar staff. EDAW will record and circulate brief meeting summaries,
which will detail team action items.
EDAW will be available to work with The Planning Center and the City of Diamond Bar
to ensure that the requirements of the Memorandum of Understanding (MOU) between
the City, and the counties of Los Angeles and Orange are being addressed. EDAW will
consult with The Planning Center to collaborate on appropriate approaches to
involvement of these agencies. This effort will include discussing strategies for
addressing input received from the MOU signatories. This scope of work assumes that
The Planning Center will be responsible for direct coordination with the counties of Los
Angeles and Orange.
For budgetary purposes, it is assumed that the team meetings will occur on average
every other week. In addition, it is assumed that one-third of the meetings will be held
at The Planning Center, one-third will be held in San Diego, and one-third will be held in
the City of Diamond Bar. The number of meetings allocated assumes completion of the
Draft EIR in July 2007 and the Final EIR in November 2007. Should this schedule be
extended, additional meetings may be warranted, which could require a scope of work
and budget amendment.
In total, 20 team meetings have been allocated under this task and others in this scope
of work.
TASK 3 PROJECT DESCRIPTION
EDAW will review the project description to ensure that all the necessary components of
the project are adequately described. Our team will take the necessary time to carefully
understand the key elements of a project description. In our review of the project
description, a key consideration will be whether the project objectives are sufficient and
provide the appropriate connection to the alternatives analysis. It will also be important
for the project description to address all of the actions necessary for implementation of
the project, including those actions that will be necessary for annexation to the City of
Diamond Bar (e.g., sphere of influence amendment, General Plan amendment,
prezoning, and annexation application). As a responsible agency for the project, the
Local Agency Formation Commission (LAFCO) will need to be involved in the definition
of the project and the related organizational actions. In addition, the level of detail
provided on any necessary infrastructure improvements for the master plan will be
considered, in light of the technical assessment contained in the ADEIR. Also included
in this task is review of the project description by members of the technical team.
EDAW will work with The Planning Center to revise the project description to ensure it is
reflective of the City of Diamond Bar's participation, objectives, and involvement.
EDAW will work with the City and The Planning Center to review the project objectives
in consideration of the guidance provided by CEQA. The City of Diamond Bar will
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review the project objectives to ensure their concurrence with the vision of the project.
In addition, EDAW will compare the project objectives with the alternatives developed
to -date, and will consider whether the objectives are appropriate to frame the
consideration of alternatives. The Planning Center is assumed to be the main author of
the revised project description.
TASK 4: NOTICE OF PREPARATION AND ENVIRONMENTAL SCOPING
4.1: Notice of Preparation
Serving at the City's EIR consultant, EDAW will author a draft and final Notice of
Preparation (NOP). The NOP will be submitted to the City and the Aera team for review
and consideration. Once comments are received, EDAW will revise the NOP for public
circulation. EDAW will assist The Planning Center with review and revision of the
distribution list for the NOP. If necessary, EDAW could also distribute the NOP.
4.2: Scoping Meeting
During the 30 -day NOP comment period, EDAW will lead a public scoping meeting.
EDAW will prepare draft notices and materials for the meeting. The EDAW project
management team will attend and lead the scoping meeting. It is assumed that the
scoping meeting will be held in the City of Diamond Bar. It is assumed that a single
scoping meeting will be held for the project to provide an opportunity for the public and
agencies to comment on the scope of the EIR.
EDAW will prepare a matrix summarizing the oral and written comments received at the
scoping meeting.
4.3: NOP Comments Evaluation
Once the NOP comments are received, EDAW will review the comments against the
technical data currently available. EDAW will summarize the NOP comments for the
City's consideration, including any refinements that may be warranted to the analyses
that will be relied upon for the EIR.
TASK 5: THRESHOLDS OF SIGNIFICANCE
Because the City will be the Lead Agency for the revised EIR, the thresholds of
significance for each topical analysis will need to be expanded to incorporate the City's
evaluation criteria. For this task, it is assumed that The Planning Center will provide a
summary, of proposed revisions to the EIR thresholds of significance and analysis
methodologies to appropriately incorporate the City's authority and anticipated
jurisdiction over the project. EDAW will review the proposed thresholds of significance
and analysis methodologies and will offer revisions or expansions based on the
anticipated needs of the City and input from City staff.
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TASK 6: ADMINISTRATIVE DRAFT EIR REVIEW
EDAW has conducted a preliminary review of the current ADEIR. Based on this review,
it appears that the document provides a comprehensive and sound analysis of the Aera
Master Planned Community. To assure this initial impression, EDAW will provide a
comprehensive review of the document and associated technical studies, enlisting our
technical experts, where appropriate. Our review will focus on legal adequacy,
organization, technical adequacy, and anticipated agency expectations. In addition,
with the recognition that there is always more than one way of accomplishing a common
goal, we will provide suggestions for alternative approaches and mitigation measures if
we feel they may be in the interest of the City of Diamond Bar and Aera Energy. This
interactive approach will ensure that the Final EIR meets the objectives of the whole
team.
The following reviews will occur through this task. Where these technical reviews
encompass several of the environmental analysis sections included in the ADEIR, these
references have been provided in parentheses.
The order of reviews in this task will not necessarily occur consecutively. This task will
be coordinated with The Planning Center to ensure efficiencies. We expect that our
initial reviews will focus on those subject areas that are not expected to change
significantly with the inclusion of the City of Diamond Bar's participation. Later reviews
will address those sections and technical reports that are currently undergoing revision.
6.1: Geotechnical
In this task, EDAW team member Wilson Geosciences Inc. will conduct a technical peer
review of the geotechnical report, the erosion and sedimentation portions of the runoff
reports, and a review of the associated ADEIR sections. This proposed site area in the
Puente Hills is impacted primarily by active faulting (Whittier fault Alquist-Priolo
Earthquake Fault Zone), potential landslides and liquefaction, previous use as an oil
field, and strong earthquakes. Wilson Geoscience Inc. will provide input on the general
adequacy of the geotechnical report for this geologically challenging area and, if
necessary, recommendations for possible additional study.
6.2: Hydrology and Water Quality (Flood, Water Quality)
EDAW's senior hydrology and water quality scientist will review the ADEIR technical
reports and sections pertaining to storm drainage, water quality, and hydrological
concerns. EDAW will consider potential impacts that may create localized water quality
issues and cumulative downstream concerns. Specific controls for managing
construction and runoff will be discussed relative to the master plan. The peer review of
the hydrology and water quality analysis shall consider existing surface and
groundwater conditions, applicable water quality standards and regulatory
requirements, appropriate water quality significance thresholds, anticipated hydrologic
and wateir quality impacts resulting from implementation of the proposed improvements,
12
evaluation of construction -related surface water quality impacts and mitigation
measures and best management practices (BMPs) required to mitigate the significant
surface and groundwater quality impacts of the project. Compliance with post -
construction storm water management requirements will also be addressed in terms of
jurisdictional (i.e., municipal) regulations as well as state and federal mandates. Any
recommendations for modification or expansions to the analysis and related mitigation
measures will be made.
6.3: Public Services (Education, Fire/Sheriff)
EDAW will examine the ADEIR analyses pertaining to public services, including the
schools study completed by Jeanette C. Justis Associates and the correspondence
received from the involved agencies. This review will also address fire safety issues,
which are addressed in a separate section of the ADEIR. A particular focus of our
analysis will be to consider whether the necessary public services can be provided to
the project and to consider to what degree off-site facilities or improvements may be
necessary. The environmental impacts of any necessary public service improvements
must also be considered in the ADEIR. EDAW will examine the other technical sections
of the ADEIR to ensure the connection between public service improvements and any
secondary environmental effects is made.
6.4: Noise
EDAW's senior acoustical expert will conduct a thorough technical review of the noise
analysis completed by Giroux and Associates. This review will consider consistency
with local standards for each jurisdiction (Los Angeles County, Orange County, and the
City of Diamond Bar). The complexity posed by having several local agencies involved
will be considered. If refinements to the study approach and mitigation measures are
necessary, they will be recommended.
6.5: Air Quality
EDAW's senior air quality expert will conduct a thorough technical review of the air
quality analysis completed by Giroux and Associates. This review will consider
consistency with the South Coast Air Quality Management District (SCAQMD)
methodologies and standards. Specific attention will be paid to any updates that may
be necessary based on the changing standards and requirements within the region.
EDAW will conduct spot-checks of references and regulatory standards to ensure
adequacy and consistency with SCAQMD requirements. The appropriateness of the
recommended mitigation measures will be reviewed and any refinements will be
recommended.
6.6: Biological Resources
Extensive biological resource analysis has been completed in support of the ADEIR.
Senior EDAW biologists will review the technical studies to determine whether the
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methodologies and conclusions are sound. Appropriate regulatory agency
representatives will be contacted to clarify concerns or preferred mitigation approaches.
Prior to any agency contact, EDAW will coordinate with the Aera team (e.g., The
Planning Center) to ensure the correct contact is made and to establish any appropriate
contact: protocols. Our senior biologists will pay particular attention to the
appropriateness of project mitigation measures. If alternative mitigation measures may
be warranted or possible, EDAW will provide this input. It is anticipated that
supplemental field or survey work will not be necessary, and is not included in this
scope of work.
6.7: Cultural Resources
A senior EDAW cultural resource specialist will review the cultural resource study,
prepared by John Minch and Associates. This review will focus on the study
methodology, thresholds of significance, and the appropriateness of the mitigation
measures identified for the project. Consideration will be given to the extent of
conducted surveys given the programmatic stage of the project. In addition, the ADEIR
section will be reviewed to ensure the methods and recommended measures are
appropriately characterized in the ADEIR, and that mitigation measures provide the
necessary level of detail and description of performance standards to ensure that
potential impacts to known and unknown cultural resources are addressed.
EDAW will provide Native American consulting services for the City of Diamond Bar as
mandated by Senate Bill (SB) 18 due the General Plan Amendment that will be
necessary for project implementation. EDAW will contact the Native American Heritage
Commission for a sacred lands search and a list of SB 18 contacts. In consultation with
the City, EDAW will draft a Native American contact letter for distribution on City of
Diamond Bar letterhead. The contact letter will be followed with phone calls. Based on
the size and complexity of the project, it is anticipated that EDAW will organize up to
three (3) consultation meetings between tribal representatives and city staff. In addition,
EDAW staff will conduct up to two (2) field trips with City and Native American
representatives. EDAW will provide written documentation of contacts, along with
meeting minutes and field trip notes.
6.8: Mineral Resources
The ADEIR mineral resource section will be reviewed to ensure the potential for impacts
to mineral resources is appropriately addressed and substantiated in the ADEIR.
6.9: Agricultural Resources
The ADEIR agricultural resource section will be reviewed to ensure the potential for
impacts to these resources is appropriately addressed and substantiated in the ADEIR.
The subject of agricultural resources and methodologies for their assessment is an area
where there are differing views within the environmental and consultant communities.
EDAW is well versed in the differing views and analysis methodologies regarding this
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topic; we have a particular expertise in this regard, and have authored several articles
and presentations on the topic. Our review will focus on the methodologies used for the
analysis, and will consider whether they are the most conservative approach in light of
the case law and statutes that provide guidance on this topic. If warranted, we will
recommend any adjustments which may bolster the conclusions of the analysis.
6.10: Visual Quality
EDAW will review the visual analysis in consideration of the guidance provided by
CEQA and the CEQA Guidelines. Although the consideration of visual impacts can be
subjective, the clear definition of thresholds of significance and connectivity of the
analysis to the thresholds of significance can provide clarity in a visual analysis. Of
particular concern for the project will be whether the project substantially changes the
character of the site and surroundings and whether scenic resources would be
damaged or removed. Because the project would result in development of a large
portion of land that is currently open space, these considerations will be of particular
concern. Special attention will be given to the definition of scenic resources, using the
general plans and regulatory documents of the involved agencies as guidance. In
addition, consideration will be given to the hillsides and ridgelines and to what degree
the invollved jurisdictions characterize these as important resources. To the extent
possible, the ADEIR visual quality section should rely upon adopted regulatory
standards and guidance for these definitions. Where these definitions are not available,
the ADEIR analysis could create the substantiation to defend the conclusions regarding
visual impacts. In our review of the ADEIR visual quality section, we will also pay
particular attention to any identified mitigation measures to consider whether the
measures directly address the impact in enough detail to reduce any identified impacts
to a less -than -significant level. It is our understanding that the ADEIR also identifies
some visual impacts as significant and unavoidable. We will review these findings and
determine whether they are substantiated. In addition, EDAW will determine if
alternatives should be considered to address these identified impacts.
6.11: Transportation/Traffic
As part of this task, EDAW team member Fehr & Peers will participate in a meeting with
LSA Associates, the consultant responsible for developing the traffic and circulation
analysis. This meeting will provide an opportunity to review the approach and
methodologies used in the study. It is our understanding that a separate traffic analysis
has been conducted for Los Angeles and Orange counties. The approach for
incorporation of any applicable standards or requirements specific to the City of
Diamond Bar will be discussed. Fehr & Peers will then conduct a peer review of the
documents and any relevant technical appendices. A focus of this review will be
whether the methods are applicable to the context and for defensibility related to CEQA
requirements and recent court cases. Additionally, Fehr & Peers will conduct spot-
checks of technical calculations and will identify any issues that may need additional
information to develop a comprehensive analysis. Consideration will be paid to different
methodologies or thresholds that may be necessary to address the needs of the
15
multiple jurisdictions involved in the project. Specific attention will be paid to the
identified mitigation measures, considering whether they are adequate with respect to
the needs of the City of Diamond Bar. Fehr & Peers will consider whether alternative
mitigation measures are possible, and whether the mitigation measure triggers and fair -
share contributions are proportional to the project's impact. Mechanisms may be
suggested for on-going monitoring of the project and a protocol may be developed for
how individual maps will be reviewed (and further studies needed) subsequent to
master plan approval.
6.12: Sewage Disposal
In this task, EDAW will conduct a technical peer review of the ADEIR section focused
on sewage disposal to determine whether the appropriate study methodologies have
been considered. In addition, EDAW will review this section for its compliance with
CEQA, including the adequacy of significance conclusions and any identified mitigation
measures.
6.13: Utilities
The utilities analysis will need to address all the improvements necessary to provide
utility service connections to the project site. Considerations in our review will be to
determine whether the analysis addresses any off-site improvements or connections
that may be necessary. The utilities analysis should be oriented toward LAFCO review
and use of the document for any service boundary changes necessary for the project.
As part of this task, EDAW will conduct a thorough technical review of the Water Supply
Analysis. Our team has particular experience developing water supply assessments for
public agencies in response to SB 610; based upon this expertise, we will provide any
input that we feel is necessary to ensure the assessment is regarded as technically
sound.
6.14: Environmental Safety
EDAW's senior hazardous materials specialist will review the environmental safety
section of the ADEIR and the Phase 1 Environmental Site Assessment to determine its
adequacy in methodology, approach, and impact definition. In addition, the ADEIR
section will be reviewed to consider the adequacy of any mitigation measures requiring
additional study, and whether the measures provide for the necessary performance
standards to ensure CEQA compliance.
6.15: Land Use
The land use section will be reviewed by a senior land use and CEQA specialist.
Specific attention will be paid to the policy analysis and how the policy analysis is
integrated into the environmental analysis. Consistencies and inconsistencies with
existing and proposed local land use plans and policies should be identified and
addressed, in compliance with Section 15125(d) of the CEQA Guidelines, which direct
16
all EIRs to discuss any inconsistencies between a proposed project and applicable
general plans and regional plans. The plans and policies of the City of Diamond Bar,
Los Angeles County, and Orange County should be addressed. In addition, it is
assumed that this section of the ADEIR considers whether any environmental impacts
related to land use could occur. Of particular importance in a land use analysis is the
definition of thresholds of significance, and what constitutes a significant environmental
impact. EDAW will make any necessary recommendations in light of these
considerations.
6.16: Population, Housing, and Employment
EDAW will review the population, housing, and employment section of the ADEIR,
paying particular attention to the distinction between environmental and social issues.
In addition, this section of the ADEIR should also address to what degree secondary
environmental impacts could occur from potential social issues related to housing and
employment. In particular, EDAW will consider the identified thresholds of significance
and their linkage to the environmental evaluation provided in this section.
6.17: Recreation
The ADEIR recreation section will be reviewed to ensure the potential for impacts to
recreation resources and any secondary environmental effects are appropriately
addressed and substantiated in the ADEIR.
6.18: Cumulative Analysis
The required components of the cumulative assessment are included in several
section; of the ADEIR. The assumptions regarding cumulative impacts are provided in
the Environmental Setting section of the ADEIR, while the technical cumulative
analyses are provided in each of the environmental resource chapters. EDAW will
review these sections to determine their sufficiency. Of particular focus will be
consideration for the extent of projects or growth assumptions that are included in the
assumptions regarding cumulative impacts, or what can be referred to as the
"cumulative baseline." Our review of the cumulative analyses will be based on an
understanding of other projected growth, uses proposed in the vicinity of the property,
and specific known projects, which would be added to specific impacts of the project.
We will consult with each of the counties and the City of Diamond Bar to determine the
sufficiency of the cumulative baseline.
In addition, the cumulative analyses will be reviewed to ensure that they create a logical
connection between the cumulative baseline and potential cumulative impacts. The
cumulative analysis should include the following elements:
A discussion of related projects (the cumulative baseline). It is typically best if
the baseline is discussed issue by issue (i.e., land use, air quality, traffic, noise,
biological resources, etc.), since the cumulative baseline or study area may differ
by topic.
17
• A conclusion as to whether the baseline for each environmental topic is
significant.
• If environmental impacts under the baseline are significant, a discussion and
determination as to whether the project would contribute considerably and
therefore cause a cumulatively significant effect.
• If environmental impacts under the baseline are not significant, a discussion and
determination as to whether the project plus baseline exceed significance
thresholds, and therefore result in a collectively significant effect.
• If there is a significance finding, the cumulative assessment should identify
mitigation measures to reduce the key impacts to a less -than -significant level. If
mitigation measures are not available, the reasons that they are not available
must be substantiated.
EDAW will evaluate the components of the cumulative assessment in light of this
guidance. If necessary, EDAW will recommend additions or revisions to the cumulative
assessment in order to address the necessary requirements of CEQA and the CEQA
Guidelines.
6.19: Alternatives to the Proposed Project
The alternatives analysis will be reviewed for sufficiency in light of the guidance
provided by CEQA, the CEQA Guidelines, and applicable case law. The focus of the
alternatives considered should be those alternatives that could avoid or substantially
lessen the significant environmental impacts identified in the technical sections of the
ADEIR. The alternatives analysis can often be the subject of litigation, and thus our
review will afford special attention to whether the analysis meets the intent of the law.
For example, we may have suggestions for ways to expand the alternatives analysis to
provide a clear record of why particular alternatives have been rejected from
consideration (e.g., not meeting project objectives or infeasibility). In our review of the
alternatives analysis, we will consider the concerns that were previously raised by
comments in response to the Notice of Preparation to ensure that the analysis is
responsive. In addition, we will consider the significant environmental impacts identified
for the project in the issues analyses, and whether the alternatives analysis adequately
discusses alternative scenarios that may avoid or reduce the identified environmental
impacts. While it is not a requirement of a lead agency to analyze every possible
alternative or to adopt the environmentally preferable alternative, the EIR must provide
the enough detail and discussion so that decision -makers can make an informed choice
about the options that are available.
This task will address the review of up to 8 alternatives. This includes the alternatives
included in the ADEIR that was made available to EDAW for initial review, plus one
additional alternative. Should additional alternatives be added for consideration, a
scope of work and budget amendment may be necessary.
6.20: Other ADEIR Sections
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EDAW will review all other sections required to assemble a full and complete ADEIR.
This task will include the table of contents, executive summary, introduction,
environmental setting, growth inducement, effects not found to be significant,
unavoidable significant effects, significant irreversible environmental changes,
references, and individuals and agencies consulted. We will pay specific attention to
the required contents of an EIR as specified by the CEQA Guidelines to ensure that no
element is overlooked.
6.21: Global Warming
There is now a strong legal, as well as a scientific, basis for the argument that CEQA
documents should begin to address global warming issues. This basis includes the
recent signing of AB 32 by the Governor, which integrated specific language regarding
global warming into the Health and Safety code. In addition, there are several active
lawsuits on EIRs where the challenges include the claim that global warming was not
adequately addressed. While the level of detail require for a global warming evaluation
does not need to be exhaustive, it should be addressed in the EIR. EDAW has been
working directly with Jim Moose of the Remy, Thomas, Moose, and Manley, arguably
the leading CEQA law firm, on this issue, and can provide specific guidance to the
planning team on how to integrate this issue into the environmental analysis.
TASK 7: REVISED ADMINISTRATIVE DRAFT EIR
This task accommodates EDAW's involvement in reviewing revisions to the sections
and technical reports considered in Task 6. It is anticipated that a complete revised
ADEIR will be provided to the EDAW team after incorporating comments made during
Task 6. EDAW's review will be concurrent with the City of Diamond Bar's review.
Included in this Task is EDAW's participation in team meetings (up to 2 meetings
accounted for in Task 2) to review the City's comments on the revised ADEIR and
provide direction to the Aera team.
TASK 8: PUBLIC REVIEW DRAFT EIR
EDAW will prepare the Notice of Completion and the Notice of Availability, and submit
the notices and the requisite documents (provided by The Planning Center) to the State
Clearinghouse. In addition, the Notice of Availability will be submitted to the County
Clerk. EDAW will be reimbursed the cost of filing the Notice of Availability with the
County Clerk. EDAW will assist The Planning Center with review and revision of the
distribution list for the Notice of Availability. If necessary, EDAW could also assist with
the distribution of the notices and environmental documents.
EDAW will be available to support the City in the 45 -day public review process for the
Draft EIR. This task includes attendance and presentation support at a public meeting
to receive oral comments on the Draft EIR.
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TASK 9: FINAL EIR
At the completion of the Draft EIR public review period, EDAW will review the public
comments received on the Draft EIR concurrent with The Planning Center's review.
EDAW will provide input on the issues that need to be addressed in the response to
comments. The Planning Center will be responsible for the development of response to
comments. This will include responses to letters as well as oral comments received at
any public meetings. After The Planning Center develops the responses to comments,
EDAW will conduct a review of the draft responses. This review will focus on the
sufficiency and responsiveness of the written responses. Because the number of
comments to be received during the public review period is difficult to predict, this scope
of work estimates the level of effort to a review of 30 comment letters, with an average
of 10 comments per letter and the associated responses and Draft EIR revisions.
After EDAW has provided input into the draft response to comments, it is assumed that
The Planning Center will finalize the response to comments and prepare the
Administrative Draft EIR, which will include the responses to comments and the
associated revisions to the Draft EIR. Based on this volume of anticipated comments, it
is assumed that the Final EIR (comments and responses) will not exceed 200 pages.
However, depending on the number and complexity of the comments received,
additional effort may be required. In our peer review of the Final EIR, our technical
experts will be engaged as necessary to address and review technical issues of
concern.
This task assumes up to 2 meetings (accounted for in Task 2) with the City of Diamond
Bar and the planning team.
This task is limited to the professional hours, as shown in the accompanying
spreadsheet. Should additional effort be necessary for completion of this task based
upon the volume or complexity of the comments received on the Draft EIR, and contract
and budget amendment would be necessary.
TASK 10: MMRP, FINDINGS OF FACT, AND STATEMENT OF OVERRIDING
CONSIDERATIONS
EDAW will review of the Mitigation Monitoring Program, the Findings of Fact and
Statement of Overriding Considerations. EDAW will provide comments on initial drafts
of these documents. In addition, EDAW will review revised versions of the documents
to ensure our comments are incorporated appropriately.
TASK 11: PUBLIC HEARINGS
On the City's behalf, EDAW will be available to attend and participate in the public
hearings for certification of the Final EIR and consideration of project approval. This
scope of work assumes up to three hearings will be necessary for the project. Up to two
20
preparatory meetings are included in this task to review the staff report, presentation,
and define roles for the meetings.
EDAW will prepare the Notice of Determination and file it with the State Clearinghouse,
if desired by the City of Diamond Bar.
21
Environmental Impact Report
EXHIBIT B
22
March 2007 — Nov 2007
CONSULTING SERVICES AGREEMENT
This Agreement is made and entered into this 20th day of March 2007, between
the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and
EDAW, Inc. ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent
contractor to provide consulting services to City as set forth in Exhibit "A".
B. Consultant represents that it is fully qualified to perform such consulting 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:
11. Consultant's Services
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are described in Exhibit "A", dated
January 29, 2007. Consultant shall be compensated a not -to -
exceed amount of $307,435 for services identified in Exhibit A
based on services provided to City. Payment to be made as
specified in this agreement. A contingency amount of up to
$30,000 is available for additional work not included in the current
scope of services and is only authorized after written approval by
the City.
B. Level of Services/Time of Performance. The level and time of the
specific services to be performed by Consultant are as set forth in
Exhibit "A". Consultant agrees that it has the manpower and will
dedicated sufficient resources to meet the timeline attached as
Exhibit "B". It is understood that acts of the City, developer, courts
or nature may affect Consultants ability to meet the timeline and
Consultant shall not be liable for delays resulting for acts of these
independent parties.
2. Term of Agreement. This contract shall take effect immediately and shall
continue until completion of the project unless earlier terminated pursuant to the
provisions herein.
LAS99 1435683-3.075285.0011 -i-
3 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 Exhibit "A." Payment will be made only after submission of proper invoices
in the form specified by City. Total payment to Consultant pursuant to this Agreement
shall not exceed $307,435 without written addendum.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant'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
6. Status as Independent Consultant.
Consultant:
EDAW, Inc.
1420 Kettner Blvd, Suite 620
San Diego, CA 92101
A. Consultant is, and shall at all times remain, as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes in amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employee's. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable workers' compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
2
7'. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions working in the State of California.
8. Indemnification. Consultant agrees to indemnify the city, its officers,
designated agents, volunteers, and employees, against, and will hold and save them
and each of them harmless from 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 the negligent
acts, and/or errors or omissions of Consultant, 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 Consultant, then all obligations, liabilities, covenants and conditions under this Section
8 shall be joint and several.
9. Insurance.
A. Consultant 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 $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance, with minimum combined single limits coverage of $500,000.00; (3)
automotive liability insurance, with minimum combined single limits coverage of
$500,000.00; and (4) workers' compensation insurance with a minimum limit of
$500,000.00 or the amount required by law, whichever is greater. City, its officers and
employees, 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 automobile
liability shall provide that they are primary, and that any insurance maintained by the
City shall be excess insurance only.
B. 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) days prior written notice thereof. Consultant
agrees that it will not cancel, reduce or otherwise modify the insurance coverage.
C. All policies of insurance shall
pursuant to the terms of this Agreement; shall b
which is admitted to do business in the State o -
3
cover the obligations of Consultant
issued by an insurance company
California or which is approved in
writing by the City; and shall be placed with a current A.M. Best's rating of no less than
A VII.
D. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum workers' compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less than one (1) day 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.
110. Confidentiality. Consultant, in the course of its duties, may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
4
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 (15t") day
following delivery of the notice. In the event of such termination, City agrees to pay
consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under its
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right to determine the assignment of its own employees to the performance
of Consultant's services under this Agreement, but City reserves the right, for good
cause, to require Consultant to exclude any employee from performing services on
City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant 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 non-discrimination 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. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant 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. Consultant 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.
115. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior- written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
17. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first anniversary of the effective date of this Agreement, and
each year thereafter throughout the term of this Agreement. The work product required
by this Agreement shall be utilized as the basis for review, and any comments or
complaints received by City during the review period, either orally or in writing, shall be
considered. City shall meet with Consultant prior to preparing the written report. If any
noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. 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 Consultant 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
Consultant, 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.
240. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal of 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 consultants.
21. 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, designated in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. 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.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
M
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.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
7
Agenda 4 6.8
MeetingDate:
DIAMOND BAR II
MY COUNCILI! _�'�AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manr
TITLE: Draft Fiscal Impact Analysis of th Proposed Aera Energy Development Project
RECOMMENDATION:
Receive and file draft document.
FINANCIAL IMPLICATION:
The draft report indicates that the Aera Energy development proposal as it is presently described
incorporating several assumptions will result in over $1 million of annual net revenue to the City.
BACKGROUND:
Aera Energy LLC, the Property Owner and Developer, owns approximately 2,935 acres of land
immediately south of the City's municipal boundary. For the past 100 years this land has been
operated as a working oil field. The oil field is nearing the end of its useful life and the property owner
has proposed a development project to replace the oil operations.
For a considerable amount of time, the Property Owner has been in discussion with the Counties of
Orange and Los Angeles regarding the processing of land use entitlements in order to develop
housing and related uses over approximately fifty percent of the 2,935 acres. Recent discussions
between the City staff and Developer have identified potential areas of mutual benefit associated with
the annexation of a portion of the 2,935 acres into the City of Diamond Bar. Area Energy is now
requesting the City process entitlements for a portion of the total acreage (1,940 acres) including
annexation into the City. The remaining Aera acreage, approximately 995 acres, will be considered
for development entitlements by the counties of Los Angeles and Orange.
The City engaged the services of Keyser Marston Associates Inc. (KMA) to perform a financial review
of the Aera Energy proposal for development and annexation to the City. As part of the KMA study,
certain assumptions were built into the analysis including the percent of the developed property held
in private control and that acreage to be owned and maintained (such as roadways and park land) by
the public. The study, originally prepared in December 2006, and recently updated, is considered a
"Draft" as the assumptions built into the KMA analysis will continue to be revised as land uses are
clarified and public / private ownership and maintenance related responsibilities become apparent.
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA
WORKING DRAFT 3/7/2007
W@
Numbers and analysis not final;
Should not be relied on.
EXHIBIT A
ANNUAL GENERAL FUND IMPACTS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA WORKING DRAFT 3/712007
Genera! Fund Net Revenues
$5,000,000
$4,5D0,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$0
ElExpenses ❑ Revenues
Numbers and analysis not final;
Prepared by: Keyser Marston Associates, Inc. Should not be relied on.
Filename: 11630.0011DIamondBafFiscal_3 7 07.x1s; 3172007;
EXHIBIT B
COMPOSITION OF ANNUAL REVENUES AND EXPENSES
AERA MASTER PLAN COMMUNITY
CITY GENERAL FUND REVENUES
Total Revenues: $4,301,000 Million
Gas Tax
3%
Property Transfer
Tax
5%
Sales Tax
10%
Property Tax
35%
:his. Tax
3%
Prepared by: Kayser Marston Associates, Inc.
Filename: 11630.001 /DemondaarFisaal_3 7 07 .1st 3/7/2007; g
CITY GENERAL FUND EXPENSES
Total Expenses: $3,109,000 Million
Public Works
13%
Administration & Support
9%
Community Services
9%
WORKING DRAFT 3/7/2007
Legislative
1% Replacement Reserves&
Community Insurance
)evelopment-\ , r 2%
3% J
Safety / Police
63%
DRAFT
Numbers and analysis not final;
Should not be relied on.
Motor Vehicle
'. License Fees
44%
Prepared by: Kayser Marston Associates, Inc.
Filename: 11630.001 /DemondaarFisaal_3 7 07 .1st 3/7/2007; g
CITY GENERAL FUND EXPENSES
Total Expenses: $3,109,000 Million
Public Works
13%
Administration & Support
9%
Community Services
9%
WORKING DRAFT 3/7/2007
Legislative
1% Replacement Reserves&
Community Insurance
)evelopment-\ , r 2%
3% J
Safety / Police
63%
DRAFT
Numbers and analysis not final;
Should not be relied on.
Table 7
PROJECT DESCRIPTION
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA WORKING DRAFT 3/7/2007
RESIDENTIAL
MARKET RATE
Single Family Detached
Single Family Attached
AFFORDABLE (Deed Restricted)
Single Family Detached
Single Family Attached
Apartments
TOTAL RESIDENTIAL
COMMERCIAL
In -Line Shops
Supermarket
Restaurants
Cinema
Office
Total Community Shopping Center
INFRASTRUCTURE TO BE MAINTAINED BY GENERAL FUND
15% of Park
Entry Road
Brea Canyon Road to Golf Course entry
Golf Course entry to County line
INFRASTRUCTURE TO BE PRIVATELY OWNED AND MAINTAINED
85% of Park'
Open Space
Interior Streets
Storm Drain System
DEVELOPMENT
PROGRAM
2,200 Units
600 Units
2,800 Units
0 Units
0 Units
0 Units
0 Units
2,800 Units
72,000 SF
52,000 SF
16,000 SF
50,000 SF
10,000 SF
200,000 SF
6.75 ac
218,000 sf 4,600 linear ft
353,800 sf 8,000 linear ft
360,000 sf 9,000 linear ft
38.25 ac
n/a
n/a
n/a
INFRASTRUCTURE TO BE MAINTAINED BY LANDSCAPING AND LIGHTING DISTRICT
Street Lights n/a
Landscaped Medians n/a
Notes:
' Aera estimates 45 acres of parks will be required based on the development program; 85% will be built within the gated portion of the
community and 15% will be maintained by the City.
Source: Aera 11.16.2006
Prepared by: Keyser Marson Associates, Inc.
CRAFT
Filename: 11630.001/DiamondBarFiscal_3707.xls; 3/7/2007; jj Numbers and analysis not final;
Should not be relied on.
Table 1a
SUMMARY OF PROPOSED FUNDING OF MAINTENANCE / OPERATING COSTS
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR. CA
WORKING DRAFT 3/7/2007
Landscape & Fire
General Lighting Protection Water
Fund HOA District District District Total
Legislative
100%
Administration & Support
100%
Community Development / Planning
100%
Equipment Replacement & Insurance
100%
Base Community Services / Recreation
100%
On -Site Park
15%
On -Site Open Space
Base Public Works
100%
Public Roads (Inc[. roadway, sidewalks, curbs,
100%
gutters, signs, signals)
Interior Streets (incl. roadway, sidewalks, curbs,
gutters, signs, signals)
Drainage / Stormwater System - Public Roads
100%
Drainage / Stormwater System - Interior Streets
Street Lights - Public Roads
Street Lights - Interior Streets
Landscaped Areas - Public Roads
Landscaped Areas - Interior Streets
Water and Sewer
Public Safety / Police 100%
Fire
Prepared by Keyser Marston Associates, Inc.
Filename: 11630.0G11Dlamond3arRscai_3 7 07.x1s; 3/7/2007; jj
85%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
DRAFT
Numbers and analysis not final;
Should not be relied on.
Table 2
ANNUAL GENERAL FUND IMPACT:
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA
WORKING DRAFT 3/7/2007
ANNUAL GENERAL
FUND REVENUE / % OF
EXPENSE AT BUILDOUT TOTAL
RECURRING GENERAL FUND AND PUBLIC WORKS FUND REVENUES
Motor Vehicle License Fees
$1,875,000
44%
Property Tax
$1,514,000
35%
Sales Tax
$434,000
10%
Property Transfer Tax
$198,000
5%
Gas Tax
$148,000
3%
Franchise Tax
$132,000
3%
TOTAL
$4,301,000
100%
RECURRING GENERAL FUND AND PUBLIC WORKS FUND EXPENSES'
Public Safety / Police
$1,952,000
63%
Community Services
$291,000
9%
Administration & Support
$284,000
9%
Public Works
$406,000
13%
Community Development
$85,000
3%
Legislative
$44,000
1%
Replacement Reserves & Insurance
$47,000
2%
TOTAL
$3,109,000
NET ANNUAL GENERAL AND PUBLIC WORKS FUND $1,192,000
REVENUE (EXPENSE)
Notes:
' Excludes expenses to maintain parks and roads within gated portions of the community; fire expenses covered through fire service
district.
DR1118-iFT
Numbers and analysis not final;
Should not be relied on.
Prepared by: Keyser Marston Associates, Inc.
Filename: 11630.001 /DiamondearFiscal_3 7 07.x1s; 3/7/2007; jj
Table 3
EXISTING POPULATION AND EMPLOYMENT
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA
WORKING DRAFT 3/712007
RESIDENT DAY&NIGHTTIME
POPULATION' EMPLOYMENT' EQUIVALENTS POPULATION
0.35 peremployee
1.00 per resident
CITY OF DIAMOND BAR 59,722 19,431 66,523 79,153
Notes:
' State of California, Department of Finance, E-1 City/County Population Estimates, with Annual
Percent Change, January 1, 2005 and 2006. Sacramento, California, May 2006. 111/06 Estimate.
' Clantas 2006
] Population plus employment.
un
Numbers and analysis not final;
Should not be relied on.
Prepared by: Keyser Marston Associates, Inc.
Filename: 11630.001/DiamcndBarFiscal_3 7 07 As. 317/2007; jj
Table 4
POPULATION AND EMPLOYMENT ESTIMATES
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA
RESIDENTIAL
MARKET RATE
Single Family Detached
Single Family Attached
AFFORDABLE (Deed Restricted)
Single Family Detached
Single Family Attached
Apartments
COMMERCIAL
Community Shopping Center
WORKING DRAFT 3/7/2007
POPULATION DAY &
UNIT OR RESIDENT NIGHTTIME 2
BASIS SIZE' EMPLOYMENT EQUIVALENTS POPULATION
TOTAL 9,135 9,460
Population 8,960
Employment 500
Notes:
' Per Aera. 11.16.2006.
' Total population plus employment.
3 Based on the average household size for the Aera project in Yorba Linda, CA per Aare 11.13.2006 and equal to the average household size for owner occupied units in Diamond Bar
per the 2000 U.S. Census.
Prepared by. Keyser Marston Associates, Inc. Di
Filename: 11630.001/DiamondBarFiscal 3 7 07.xls; 3/712007; jj F
Numbers and analysis not final;
Should not be relied on.
1.00
household size: 3
per resident
2,200
DU 3,300 SF
3.20
7,040
7,040
7,040
600
DU 2,000 SF
3.20
920
1,920
1 920
2,800
DU
8,960
8,960
8,960
0
DU
3.20
0
0
0
0
DU
3.20
0
0
0
0
DU
3.20
0
0
0
0
DU
0
0
0
employment
0.35
density per 1,000:
per employee
200,000
Sq. Ft.
2.50
500
175
500
TOTAL 9,135 9,460
Population 8,960
Employment 500
Notes:
' Per Aera. 11.16.2006.
' Total population plus employment.
3 Based on the average household size for the Aera project in Yorba Linda, CA per Aare 11.13.2006 and equal to the average household size for owner occupied units in Diamond Bar
per the 2000 U.S. Census.
Prepared by. Keyser Marston Associates, Inc. Di
Filename: 11630.001/DiamondBarFiscal 3 7 07.xls; 3/712007; jj F
Numbers and analysis not final;
Should not be relied on.
Table 5 - A
GENERAL FUND REVENUE SOURCE ASSUMPTIONS
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR. CA
DRAFT
Numbers and analysis not final;
Should not be relied on.
WORKING DRAFT
Property Taxes 1 5.1917418% City share of 1 % property tax, based on AV.
Property Transfer Tax 2 $0.55 Per $1,000 of AV at transfer
Turnover
Residential - Market rate 12.50% Assumed Annually
Residential -Affordable 6.25% Assumed Annually
Sales Tax, City's Portion 3
1%
Local Share of Sales Tax
$4,842
Taxable Sales Per Resident
Gas Tax
$985,750
Revenues in 2006/07
59,722
Residents
$16.51
Per Resident
Motor Vehicle License Fees °
$3,398,067
Property Tax Based Revenues for 2004-05
$5,446,642,517
2004-05 Diamond Bar gross AV
$0.624
Per $1,000 in AV growth
$370,000
Population Based Revenues for 2006-07
59,722
Residents
$6.20
Per Resident
Franchise Tax
$960,000
Revenues for 2006-07
66,523
Resident Equivalents
$14.43
Per Resident Equivalent
Notes:
' Based on tax rate area ratios in neighboring parcels within the City of Diamond Bar (see Appendix C - 1).
' Calculated on turnover of residential units, based on rate per Diamond Bar City Code. Commercial property assumed to be subject to
extensive hold periods.
' See Appendix tables D - 1 to D - 3.
' Estimated in accordance with SB 1096 based on data from the California State Controller's Office. Only property tax based revenues
have been included, Health and Welfare Reallignment MVLF is driven by case loads and is treated as a cost recovery revenue
deducted from net Health and Sanitation and Public Assistance Costs.
Source: City of Diamond Bar, Budget for the Fiscal Year 2006-2007 (See Appendix A - 1 and A - 2).
Prepared by: Keyser Marston Associates, Inc.
Filename: 11630.001\DiamondBarFiscal_3 7 07.xls; 3/7/2007; jj
Table 5 - B
ANNUAL GENERAL FUND REVENUES
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA
GENERAL FUND REVENUES
PROPERTY TAX (City Share)
PROPERTY TRANSFER TAX'
Residential - Market Rate
Residential - Affordable
Subtotal
SALES TAX (1% local share)
MOTOR VEHICLE LICENSE FEES
Assessed value based revenue
Papulation based revenue
Subtotal
GAS TAX
FRANCHISE TAX
WORKING DRAFT 3/7/2007
TOTAL AT
BASIS MEASURE' BUILDOUT
2,916,000
AV added ($000s)
5.1917418%
of 1% prop tax
$1,514,000
2,874,000
AV added ($000s)
$0.55/$1,000 AV,
12.50% turnover
$198,000
0
AV added ($000s)
$0.55/$1,000 AV,
6.25% turnover
L0
$198,000
8,960
residents
$4,842
per resident
$434,000
2,916,000
AV added ($000s)
$0.624
per $1,000 in AV
$1,819,000
8,960
residents
$6.20
per resident
$56,000
$1,875,000
8,960
residents
$16.51
per resident
$148,000
9,135
resident equivalents
$14.43
per resident equiv.
$132,000
TOTAL GENERAL FUND REVENUES $4,301,000
Notes:
'Calculated based an turnover of residential units. Commercial property assumed to be subject to extensive hold periods.
3 See Table 5 - A.
Prepared by: Keyser Marston Associates, Inc.
Filename: 11630.001 /DiamondBarFscal_3 7 07.x1s; 3!7/2007; jJ
Dfl�i�yjj
�'� r
Numbers and analysis not final;
Should not be relied on.
Table 5 - C
SUMMARY OF ANNUAL GENERAL FUND REVENUES
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA WORKING DRAFT 3/712007
RECURRING GENERAL FUND REVENUES
Property Tax
Property Transfer Tax
Sales Tax
Motor Vehicle License Fees
Gas Tax
Franchise Tax
Prepared by: Keyser Marston Associates, Inc.
Filename: 111330.001/DlamondBarFIscaI_3 7 07 xls: 3/7/2007: jj
TOTAL REVENUES
AT BUILDOUT
$1,514,000
$198,000
$434,000
$1,875,000
$148,000
$132,000
1,000
Numbers and analysis not final;
Should not be relied on.
Table 6 - A
GENERAL FUND OPERATING EXPENSES ASSUMPTIONS'
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA WORKING DRAFT 3/7/2007
Legislative
Administration & Support
Public Safety / Police
Fire
Community Development
Community Services
Public Works
Replacement Reserves & Insurance
Notes:
' For City service departments.
2 Assumes 1 employee = 0.35 residents (see Table 3).
$1,272,740
Expenses in 2006/07
25%
Percent Variable Costs
66,523
Resident Equivalents 3
$4.78
Per Resident Equivalent
$4,140,735
Expenses in 2006107
50%
Percent Variable Costs
66,523
Resident Equivalents 2
$31.12
Per Resident Equivalent
$1,859,017 Estimated by LASD s
5% Annual increase from 2005/06
$1,952,000 Estimated for 2006107
Service provided by the Consolidated
Fire Protection District of Los Angeles
County
$1,241,180 Expenses in 2006/07
50%
Percent Variable Costs
66,523
Resident Equivalents 2
$9.33
Per Resident Equivalent
$2,859,670
Expenses in 2006107
50%
Percent Variable Costs
59,722
Residents
$23.94
Per Resident
6.75
Park Acres 4
294,030
Park Square Footage
$1,474,610
Expenses in 2006107
50%
Percent Variable Costs
66,523
Resident Equivalents z
$11.08
Per Resident Equivalent
$343,350
Expenses in 2006/07
100%
Percent Variable Costs
66,523
Resident Equivalents 2
$5.16
Per Resident Equivalent
' Police services in Diamond Bar are contracted to the Los Angeles County Sheriffs Department (LASD). The cost to serve the project
has been estimated by LASD based on the cost of 1 crime patrol car and 1 traffic patrol car 24 hours per day 7 days a week and 1
motorcycle officer 40 hours per week (without relief). Adjusted upwards by KMA by 5% from 2005106 to 20061D7 costs consistent wdh
estimates In the City's budget and typical annual increases noted by LASD.
' Park acres to be maintained by City are 15% of the total 45 park acres in the project, per Aera 11.16.2006 (see Table 1).
Source: City of Diamond Bar, Budget for the Fiscal Year 2006-2007 (See Appendix A - 1 and A - 2).
Prepared by: Keyser Marston Associates, Inc. s• 1 j i
Filename: 11630.001/DiamondBarFlscai_3 7 07.xlk; 3/7/2007; j)
Numbers and analysis not final;
Should not be relied on.
InNIT.
ANNUAL GENERAL FUND EXPENSES
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA
GENERAL FUND EXPENSES
Legislative
Administration & Support
Public Safety / Police
Community Development
Community Services
Base Community Services (per Budget)
Additional Park Area
Total Community Services
Public Works
Base Public Works (per Budget)
Additional Entry Road a
Total Public Works
Replacement Reserves & Insurance
WORKING DRAFT 3/7/2007
TOTAL AT
BASIS MEASURE' BUILDOUT
9,135 resident equivalents $4.78 per resident equiv.
9,135 resident equivalents $31.12 per resident equiv.
Estimated by LASD'
9,135 resident equivalents $9.33 per resident equiv
8,960 residents $23.94 per resident
294,030 square feet $0.26 per square foot 2
9,135 resident equivalents $11.08 per resident equiv.
9,135 resident equivalents $5.16 per resident equiv.
$44,000
$284,000
$1,952,000
$85,000
$215,000
$76,00
$291,000
$101,000
$305,000
$406,000
$47,000
TOTAL GENERAL FUND EXPENSES $3,109,000
Notes:
' See Table 6 - A.
Assumes 50% active and 50% passive park; at $0.22 and $0.30 per square foot, respectively, per City staff.
See Table 6 - C.
Prepared by: Keyser Marston Associates, Inc.
Filename: 11630.001 /Diamond Barl'iscal_3 7 07.xis, 3/7/2007: jj
r��o
Numbers and analysis not final;
Should not be relied on.
Table 6 - C
ADDITIONAL PUBLIC ROAD MAINTENANCE COSTS
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA
WORKING DRAFT 3%71/2007
TOTAL AT
BASIS MEASURE BUILDOUT
$0.20
per square foot
Brea Canyon
Golf Course
per linear foot 3
$3,024
$624
Public Entry
Rd. to Golf
Entry to
per square foot'
$6,026
Street Maintenance Cost Detail '
Rd.
Course Entry
County Line
Total
$29,970
Roadway
218,000
353,800
360,000
931,800
square feet 2
Pavement Delineation
4,600
8,000
9,000
21,600
linear feet 2
Traffic Signals
5
n/a
n/a
5
number 4
Signage
218.000
353.800
360,000
931,800
square feet
Curb and Gutter Repair
4,600
8,000
9,000
21,600
linear feet z
Sidewalk
43,600
75,200
81,000
199,800
square feet 5
Drainage System
218,000
353,800
360,000
931,800
square feet
TOTAL GENERAL FUND EXPENSES
Per Square Foot
CLARIFICATIONS NEEDED:
Signage amount/oost per unit
Sidewalk square footage
Review all
$0.20
per square foot
$186,360
$0.14
per linear foot 3
$3,024
$624
per signal
$3,120
$0.01
per square foot'
$6,026
$1.00
per linear foot 3
$21,600
$0.15
per square foot 3
$29,970
$0.06
per square foot
$54,976
$305,077
$0.33
Notes:
' Except landscaping and street lighting, assumed to be maintained by landscaping and lighting assessment distract.
' Per Aera: 11.16.2006 for Public Entry Rd., 3.1.2007 for Brea Canyon Rd. and Golf Course entry to County line.
' Estimated based on KMA experience in other similar projects.
4 Per City staff for Public Entry Rd.: one 4 -way interior signalized intersection, one traffic light at Brea Canyon and Highway 57. No info given for Brea Canyon/Golf Course to County line.
5 For Public Entry Rd., estimated based on sidewalk area at 20% of street surface area, per KMA experience in similar projects. Per Aare 3.1.2007 for Brea CanyoNGotf Course to County line.
Prepared by: Keyser Marston Associates, Inc.
Filename: 11630.00ADiamondBarFiscal_3 7 07.xls: 317/2007: jj
Numbers and analysis not final;
Should not be relied on.
Table 6 - D
SUMMARY OF ANNUAL GENERAL FUND EXPENSES
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA WORKING DRAFT 3/7/2007
RECURRING GENERAL FUND EXPENDITURES
Legislative
Administration & Support
Public Safety / Police
Community Development
Community Services
Public Works
Replacement Reserves & Insurance
Prepared by: Keyser Marston Associates, Inc.
Filename: 11630.001UamondBarFiscal_3 7 0Txls; 317/2007; jj
TOTAL EXPENSES
AT BUILDOUT
$44,000
$284,000
$1,952,000
$85,000
$291,000
$406,000
$47,000
109,000
Numbers and analysis not final;
Should not be relied on.
APPENDIX A: GENERAL FUND ANALYSIS INPUTS
WORKING DRAFT
Appendix A - 1
SUMMARY OF GENERAL FUND REVENUE SOURCES'
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, Cf
WORKING DRAFT
f
AMOUNTS NET
BUDGET DEDUCTED FROM AFTER
2006-07 SERVICE COSTS DEDUCTIONS COMMENTS I ASSUMPTIONS
REVENUES INCLUDED IN ANALYSIS
Property Taxes
Property Taxes - HOX
Sales Taxes
Franchise Tax
Property Transfer Tax
VLF
VLF - Property Tax in Lieu
Transfer in from Gas Tax Fund
Subtotal
$3,315,000
$0
$3,315,000
Projected based on development program
$30,000
$0
$30,000
Projected based on development program
$4,000,000
$0
$4,000,000
Based on new retail, residents, expenditure patterns
$960,000
$0
$960,000
Projected based on resident equivalents (electric, gas, cable)
$425,000
$0
$425,000
Projected based on homes values, assumed turnover rate
$370,000
$0
$370,000
Projected based on residents
$3,868,000
$0
$3,868,000
Projected based on increases in Assessed Valuation
985,750
$0
$985,750
Projected based on residents. assumes transferred to the
$617,500
$617,500
$0
General Fund par current budget
$13,953,750
$0
$13,953,750
Planning Fees
REVENUES DEDUCTED FROM SERVICE COSTS
ANALYSIS
Fines & Forfeitures
Transient Occupancy Tax
$700,000
Vehicle Code Fines
$390,000
$390.000
$0 Law Enforcement Program Revenue
General Fines
$22,000
$22,000
$0 Law Enforcement Program Revenue
Municipal Code Fines
$500
$500
$0 Law Enforcement Program Revenue
Parking Fines
$165,000
$165,000
$0 Law Enforcement Program Revenue
Vehicle Impound Fees
$15,000
$15,000
$0 Law Enforcement Program Revenue
False Alarm Fees
$25,000
$2100
LO Fire Program Revenue
Subtotal
$617,500
$617,500
$0
Building Permit Fees
$750400
$750,400
$0 Buiming a Safety Program Revenue
Planning Fees
$410000
$410,000
$0 Community Developme l/Planning Program Revenue
Engineering Fees
$967,000
$967.000
$0 Engineering Program Revenue
Recreation Fees
$676,385
$676,385
$0 Recreation Program Revonub
Transfer ln-AB2766
70,000
$70,000
$0 Duval.Svcs - Online permittinglinspocrions for air quality
Transfer In - Safe Parks
53,000
$53,000
$0 Recr, - Prop A Activities - youth master plan Implementation
Subtotal $3,544,285 $3,544,285 $0
REVENUES EXCLUDED FROM THE
ANALYSIS
Transient Occupancy Tax
$700,000
$0
$700,000
A notal is not anticipated in the subject development
Federal Grants
$70,000
$0
$70,000
independent of sublan development
Transfer In - Prop C Fund
9,000
$0
$9,000
independent of subject development
Transfer In - Int. Wast Mgt. Fd
185,000
$0
$185,000
independent of subject devalopment
Transfer In - COPS Fund
180,300
$0
$180,300
mdepndertofsubjectdeveiapmedt
Off Highway Tax
$1,000
$0
$1,000
independent of subject development
Use of Money and Property
$1,282,900
$0
$1,282,900
independent of subject development
Economic Dev. Fund Balance
$715,650
$0
$715,850
independent of subject development
ERAF III State Takeaway
($397,475
N
($397,475
independent of subject development
Subtotal
$2,746,575
$0
$2,746,575
Total General Fund
$20,244,610
$3,544,285
$16,700,325
Notes:
' For funding City departmental services
Source: City of Diamond Bar. Proposed Budget for the Fiscal Year 2006-2007.
Prepared by: Keyser Marston Associates, Inc.
Filename:W-W\Empleye.\jiohnston\woBViscal-impact\DiamondBar\DlamondBalFiscal_3.7.07.xis; 3116/2D07; 9:11 AM; tj
Appendix A - 2
SUMMARY OF GENERAL FUND BUDGET EXPENDITURES
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA WORKING DRAFT
(LESS)
NET GF EXP
2006.07 PROGRAM
INCLUDED IN
BUDGET REVENUE'
ANALYSIS
GENERAL FUND
Legislative
City Council
$171,600
$0
$171,600
City Attorney
$165,000
$0
$165,000
City Manager/City Clerk
$9936 140
$0
$936,140
Total
$1,272,740
$0
$1,272.740
Administration and Support
Finance
$420,3D0
$0
$420,300
Human Resources
$241,415
$0
$241,415
Information Systems
$1,268,590
$0
$1,268,590
General Government
$1,632,640
$0
$1,632,640
Public Information
$577,790
$0
$577.790
Total
$4,140,735
$0
$4,140,735
Public Safety ( Police
Law Enforcement
$4,987,000
($592,500)
$4,394,500
Volunteer Patrol
$9,250
$0
$9,250
Fire
$40,900
($25,000)
$15,900
Animal Control
$112,500
$0
$112,500
Emergency Preparedness
$43,290
§-D
$43,290
Total
$5,192,940
($617,500)
$4,575,440
Community Development
Community Dev./Planning
$916,630
($480,000)
$436,630
Building & Safety
$482,600
($750,400)
($267,800)
Neighborhood Improvement
$356,500
$0
$356,500
Economic Development
$715,850
$0715
860
Total
$2,471,580
($1,230,400)
$1,241,180
Community Services
Community Services Admin
$470,760
$0
$470,760
Diamond Bar Center -Oper.
$864,730
$0
$884,730
Park Operations
$730,510
$0
$730,510
Recreation
$1,603,055
($729.386)
773 670
Total
$3,589,055
($729,385)
$2,859,670
Public Works
Public Works - Admin
$647,890
$0
$647,890
Engineering
$316,150
($967,000)
($650,850)
Road Maintenance
$1,135,750
$0
$1,135,750
Landscape Maintenance
IM1 820
10
$341.820
Total
$2,441,610
($967,000)
$1,474.610
Replacement Reserves & Insurance
$343,350
$0
$343,350
(transfer out)
$19,452,010
($3,544,285)
$15,907,725
Notes:
Program revenue identified on Appendix Table A- 1.
Source: City of Diamond Bar. Proposed Budget for the Fiscal Year 2006-2007
Prepared by: Keyser Marston Associates, Inc.
Fitename: \�f-fsllEmployeetijohnslon\work\fiscal-impacilDiamondaaADiamondBar iscal_3,707 xls; 3116/20071 9:11 AM; jj
APPENDIX B: ASSESSED VALUATION
WORKING DRAFT
Appendix B - 9
ASSESSED VALUATION
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA
WORKING DRAFT
VALUE TOTAL ASSESSED
BASIS PER UNIT VALUE AT BUILDOUT
MARKET RATE VALUE ADDED
Single Family Detached
2,200
DU
$1,110,000
$2,442,000,000
Single Family Attached
600
DU
$720,000 '
$432.000.000
Total
2,800
$1,030,000
$2,874,000,000
AFFORDABLE VALUE ADDED
Single Family Detached
0
DU
$0
Single Family Attached
0
DU
$00
Total
$0
COMMERCIAL VALUE ADDED 2
Community Shopping Center
200,000
SF
$210 2
$42,000,000
Notes:
'Based on estimates from Aera 11.16.06.
3 Estimated based on Marshall and Swift Valuation Service, and land and site improvements value of $25 per sq. ft.
Prepared by Keyser Marston Associates, Inc.
Filename: \\sf-fst\Employee\➢ohnston\work\fiscal-impact\DiamondBar\DiamondBarFiscal_3.7.07.xis; B-1 value added; 3/16/2007; jj
APPENDIX C: TAX RATES
WORKING DRAFT -
Appendix C - 1
TAX RATIO DISTRIBUTION
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA WORKING DRAFT
TAX RATE AREA 10068'
AGENCIES RATIO
Los Angeles County General
0.248744616
LA County Accumulated Capital Outlay
0.000110142
LA County Library
0.022368177
Consolidated Fire Protection District of LA County
0.169363881
LA County Fire - FFW
0.006156475
County Lighting Maintenance District No. 10006
0.020156003
LA County Flood Control Dr. Imp. Dist. Maintenance
0.001643522
LA County Flood Control Maintenance
0.009300947
Greater LA County Vector Control
0.000354735
County Sanitary District No. 21 Operating
0.012213084
Three Valley Metropolitan Water District Original Area
_. _.
0.004089167167
Walnut Valley Water District
0.000725305
Walnut Valley Water District Imp. Dist. #3
0.006585074
Walnut Valley Water District Imp. Dist, #4
0.001599968
Educational Revenue Augmentation Fund
0.078135050
Educational Augmentation Fund Impound
0,133937622
County School Services
0.001366065
Children's Instil. Tuition Fund
0.002711165
Mt. San Antonio Community College
0.029260376
Mt. San Antonio Children's Center Fund
0.000282427
Walnut Valley Unified School District
0.190573308
County School Service Fund - Walnut Valley
0.007573791
Dev. Center Handicapped Minors - Walnut Valley
0.000831682
7715T_
Notes
' Tax rate area for Diamond Bar parcels neighboring Aare development.
Source: Motllfled ATI Ratio Report FY 2006-07, Los Angeles County Auditor -Controller.
Prepared by Keyser Marston Associates, Inc.
Filename: \\sf-fsl\Employee\jjohnston\work\fiscal-impact\DiamondBar\DiamondBarFiscal_3.7.07.xls; C-1 tax rates; 3/16/2007; jj
APPENDIX D:
WORKING DRAFT
Appendix D - 9
TAXABLE RETAIL SALES PER CAPITA
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY WORKING DRAFT
CITY OF DIAMOND BAR, CA
2005 CITY OF
% of
AERA COMMUNITY
% of
DIAMOND BAR'
Total
AT BUILDOUT 2
Total
Taxable Retail Sales ($000s)
General Merchandise
$23,581
8.2%
$3,538
8.2%
Apparel
$941
0.3%
$141
0.3%
HF&A
$1,828
0.6%
$274
0.6%
Grocery
$15,207
5.3%
$2,281
5.3%
Restaurants & Bars
$49,841
17.2%
$7,478
17.2%
Building Materials & Farm Implements
$8,117
2.8%
$1,218
2.8%
Service Stations
$87,243
30.2%
$13,089
30.2%
Other Retail Stores
$102,405
35.4%
$15,364
35.4%
Total Taxable Retail Sales
$289,163
100.0%
$43,383
100.0%
Population 3
Taxable Retail Sales per Capita
59,722
$4,842
Notes:
' California Retail Survey, 2006 Edition.
2 Distributed based on 2005 taxable retail sales per capita, and percent of spending per category.
' See Table 3 and 4.
8,960
$4,842
Prepared by Keyser Marston Associates, Inc.
Filename: \\sf-fst\Employee\jjohnston\work\fiscal-impact\DiamondBarlDiamondBarFiscal_3.7.07x1s; D-1; 3116/2007; jj
Appendix D - 2
TAXABLE RETAIL SALES IN COMMUNITY SHOPPING CENTER
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA WORKING DRAFT
RETAIL
ESTIMATED
PERCENT
TAXABLE
SQ.FT. f
SALES PSF z
TAXABLE'
SALES ($000s)
Agra Master Plan Retail
In -Line Shops
72,000
$220
90%
$14,300
Supermarket
52,000
$600
50%
$15,600
Restaurants
16,000
$400
100%
$6,400
Cinema Food and Beverage
50,000
$30
100%
$1,500
Office (Second Floor)
10,000
$0
0%
$0
200,000
$189
78%
$37,800
Notes:
' Per Aare drawing 11.16.2006.
3 Per Dollars & Cents of Shopping Centers: 2004, Restaurant Industry Operations Report 2004, KMA experience in similar projects.
Prepared by Keyser Marston Associates, Inc.
Filename: \\sf-fsl\Employee\jjohnston\work\fiscal-impact\DiamondBar\Di a mondearFiscal_3.7.07.x1s; D-2; 3/16/2007; jj
Appendix D - 3
TAXABLE SALES ALLOCATED TO PROJECT
FISCAL IMPACT ANALYSIS
AERA MASTER PLAN COMMUNITY
CITY OF DIAMOND BAR, CA WORKING DRAFT
Taxable Sales Comparison
Total Annual Sales
Residents/Retail Sq. Ft.
Per Resident/Retail Sq. Ft.
Notes;
' See Table D - 1.
3 See Table D - 2.
BASED ON NEW BASED ON
RESIDENTS' NEW RETAIL 2
$43,353,000
8,960 res.
es
Prepared by Keyser Marston Associates, Inc.
Filename: \\sf-fst\Employee\jjohnston\work\flscal-impact\DiamondBar\DiamondBarFiscal_3.7.07.xls; D-3; 3/16/2007; h
$37,800,000 $37,800,000
200,000 sf
$189/sf
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Aera Energy Master Plan Environmental Impact Report
City of Diamond Bay
Scope of Work
EDAW, Inc.
March 8, 2007
The following scope of work is a refinement to EDAW's preliminary scope of work for the Aera
Energy Master Plan Environmental Impact Report (EIR) peer review, which was originally
presented to the City of Diamond Bar (City) in our January 29, 2007 proposal. This scope of
work has been refined and expanded to provide a more interactive role with the City and Aera's
consultants, as requested at our February 22, 2007 meeting with the City and the project team
and the expected role of Diamond Bar as the CEQA lead agency.
In order to provide an understanding of the changes that have occurred to the scope of work,
revisions have been provided in track changes.
TASK 1: PROJECT MOBILIZATION
1.1: Kickoff Meeting
EDAW will meet with the City of Diamond Bar, Aera Energy, and other members of the planning
team to discuss the project, the status of any ongoing technical studies and to clarify any
assumptions for the review process. The kickoff meeting will provide the opportunity to discuss
points of contact; communication protocols with other members of the planning team;
environmental issues; and any other logistical, technical, or procedural concerns. A focus of
this meeting will be to provide the EDAW team with the documents to be reviewed, to discuss
the project and its related components, and to discuss any project challenges that the technical
team has encountered to -date.
1.2: Project Area Reconnaissance
This task includes a project team site visit. It is assumed that Aera Energy will lead the site visit
The EDAW project management and technical team will attend the site visit to gain an
understanding of the project site.
TASK 2: PROJECT TEAM MEETINGS
EDAW will meet with the Aera Energy consultant team to review the status of the project,
receive updates on the status of EIR revisions, work collaboratively on technical issues, and
provide guidance on behalf of the City of Diamond Bar. At a minimum, these team meetings will
be attended by EDAW project manager, an assistant planner, and The Planning Center project
manager. In addition, some meetings will require attendance by EDAW's technical specialists.
Included in this task will be meetings focused on technical issue areas, where Aera's technical
specialists will meet with EDAW specialists to provide an overview of the project and initiate a
collaborative working relationship between the technical team members. It is also anticipated
that several of the meetings could be attended by the City of Diamond Bar staff. EDAW will
record and circulate brief meeting summaries, which will detail team action items.
EDAW will be available to work with The Planning Center and the City of Diamond Bar to
ensure that the requirements of the Memorandum of Understanding (MOU) between the City
and the counties of Los Angeles and Orange are being addressed. EDAW will consult with The
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Planning Center to collaborate on appropriate approaches to involvement of these agencies.
This effort will include discussing strategies for addressing input received from the MOU
signatories. This scope of work assumes that The Planning Center will be responsible for direct
coordination with the counties of Los Angeles and Orange.
For budgetary purposes, it is assumed that the team meetings will occur on average every other
week. In addition, it is assumed that one-third of the meetings will be held at The Planning
Center, one-third will be held in San Diego, and one-third will be held in the City of Diamond
Bar. The number of meetings allocated assumes completion of the Draft EIR in July 2007 and
the Final EIR in November 2007. Should this schedule be extended, additional meetings may
be warranted, which could require a scope of work and budget amendment.
In total, 20 team meetings have been allocated under this task and others in this scope of work.
TASK 3: PROJECT DESCRIPTION
EDAW will review the project description to ensure that all the necessary components of the
project are adequately described. Our team will take the necessary time to carefully understand
the key elements of a project description. In our review of the project description, a key
consideration will be whether the project objectives are sufficient and provide the appropriate
connection to the alternatives analysis. It will also be important for the project description to
address all of the actions necessary for implementation of the project, including those actions
that will be necessary for annexation to the City of Diamond Bar (e.g., sphere of influence
amendment, General Plan amendment, prezoning, and annexation application). As a
responsible agency for the project, the Local Agency Formation Commission (LAFCO) will need
to be involved in the definition of the project and the related organizational actions. In addition,
the level of detail provided on any necessary infrastructure improvements for the master plan
will be considered, in light of the technical assessment contained in the ADEIR. Also included in
this task is review of the project description by members of the technical team.
EDAW will work with The Planning Center to revise the project description to ensure it is
reflective of the City of Diamond Bar's participation, objectives, and involvement. EDAW will
work with the City and The Planning Center to review the project objectives in consideration of
the guidance provided by CEQA. The City of Diamond Bar will review the project objectives to
ensure their concurrence with the vision of the project. In addition, EDAW will compare the
project objectives with the alternatives developed to -date, and will consider whether the
objectives are appropriate to frame the consideration of alternatives. The Planning Center is
assumed to be the main author of the revised project description.
TASK 4: NOTICE OF PREPARATION AND ENVIRONMENTAL SCOPING
4.1: Notice of Preparation
Serving at the City's EIR consultant, EDAW will author a draft and final Notice of Preparation
(NOP). The NOP will be submitted to the City and the Aera team for review and consideration.
Once comments are received, EDAW will revise the NOP for public circulation. EDAW will
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assist The Planning Center with review and revision of the distribution list for the NOP. If
necessary, EDAW could also distribute the NOP.
4.2: Scoping Meeting
During the 30 -day NOP comment period, EDAW will lead a public scoping meeting. EDAW will
prepare draft notices and materials for the meeting. The EDAW project management team will
attend and lead the scoping meeting. It is assumed that the scoping meeting will be held in the
City of Diamond Bar. It is assumed that a single scoping meeting will be held for the project to
provide an opportunity for the public and agencies to comment on the scope of the EIR.
EDAW will prepare a matrix summarizing the oral and written comments received at the scoping
meeting.
4.3: NOP Comments Evaluation
Once the NOP comments are received, EDAW will review the comments against the technical
data currently available. EDAW will summarize the NOP comments for the City's consideration,
including any refinements that may be warranted to the analyses that will be relied upon for the
EIR.
TASK 5: THRESHOLDS OF SIGNIFICANCE
Because the City will be the Lead Agency for the revised EIR, the thresholds of significance for
each topical analysis will need to be expanded to incorporate the City's evaluation criteria. For
this task, it is assumed that The Planning Center will provide a summary of proposed revisions
to the EIR thresholds of significance and analysis methodologies to appropriately incorporate
the City's authority and anticipated jurisdiction over the project. EDAW will review the proposed
thresholds of significance and analysis methodologies and will offer revisions or expansions
based on the anticipated needs of the City and input from City staff.
TASK 6: ADMINISTRATIVE DRAFT EIR REVIEW
EDAW has conducted a preliminary review of the current ADEIR. Based on this review, it
appears that the document provides a comprehensive and sound analysis of the Aera Master
Planned Community. To assure this initial impression, EDAW will provide a comprehensive
review of the document and associated technical studies, enlisting our technical experts, where
appropriate. Our review will focus on legal adequacy, organization, technical adequacy, and
anticipated agency expectations. In addition, with the recognition that there is always more than
one way of accomplishing a common goal, we will provide suggestions for alternative
approaches and mitigation measures if we feel they may be in the interest of the City of
Diamond Bar and Aera Energy. This interactive approach will ensure that the Final EIR meets
the objectives of the whole team.
The following reviews will occur through this task. Where these technical reviews encompass
several of the environmental analysis sections included in the ADEIR, these references have
been provided in parentheses.
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The order of reviews in this task will not necessarily occur consecutively. This task will be
coordinated with The Planning Center to ensure efficiencies. We expect that our initial reviews
will focus on those subject areas that are not expected to change significantly with the inclusion
of the City of Diamond Bar's participation. Later reviews will address those sections and
technical reports that are currently undergoing revision.
6.1: Geotechnical
In this task, EDAW team member Wilson Geosciences Inc. will conduct a technical peer review
of the geotechnical report, the erosion and sedimentation portions of the runoff reports, and a
review of the associated ADEIR sections. This proposed site area in the Puente Hills is
impacted primarily by active faulting (Whittier fault Alquist-Priolo Earthquake Fault Zone),
potential landslides and liquefaction, previous use as an oil field, and strong earthquakes.
Wilson Geoscience Inc. will provide input on the general adequacy of the geotechnical report for
this geologically challenging area and, if necessary, recommendations for possible additional
study.
6.2: Hydrology and Water Quality (Flood, Water Quality)
EDAW's senior hydrology and water quality scientist will review the ADEIR technical reports and
sections pertaining to storm drainage, water quality, and hydrological concerns. EDAW will
consider potential impacts that may create localized water quality issues and cumulative
downstream concerns. Specific controls for managing construction and runoff will be discussed
relative to the master plan. The peer review of the hydrology and water quality analysis shall
consider existing surface and groundwater conditions, applicable water quality standards and
regulatory requirements, appropriate water quality significance thresholds, anticipated
hydrologic and water quality impacts resulting from implementation of the proposed
improvements, evaluation of construction -related surface water quality impacts and mitigation
measures and best management practices (BMPs) required to mitigate the significant surface
and groundwater quality impacts of the project. Compliance with post -construction storm water
management requirements will also be addressed in terms of jurisdictional (i.e., municipal)
regulations as well as state and federal mandates. Any recommendations for modification or
expansions to the analysis and related mitigation measures will be made.
6.3: Public Services (Education, Fire/Sheriff)
EDAW will examine the ADEIR analyses pertaining to public services, including the schools
study completed by Jeanette C. Justis Associates and the correspondence received from the
involved agencies. This review will also address fire safety issues, which are addressed in a
separate section of the ADEIR. A particular focus of our analysis will be to consider whether the
necessary public services can be provided to the project and to consider to what degree off-site
facilities or improvements may be necessary. The environmental impacts of any necessary
public service improvements must also be considered in the ADEIR. EDAW will examine the
other technical sections of the ADEIR to ensure the connection between public service
improvements and any secondary environmental effects is made.
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6.4: Noise
EDAW's senior acoustical expert will conduct a thorough technical review of the noise analysis
completed by Giroux and Associates. This review will consider consistency with local standards
for each jurisdiction (Los Angeles County, Orange County, and the City of Diamond Bar). The
complexity posed by having several local agencies involved will be considered. If refinements
to the study approach and mitigation measures are necessary, they will be recommended.
6.5: Air Quality
EDAW's senior air quality expert will conduct a thorough technical review of the air quality
analysis completed by Giroux and Associates. This review will consider consistency with the
South Coast Air Quality Management District (SCAQMD) methodologies and standards.
Specific attention will be paid to any updates that may be necessary based on the changing
standards and requirements within the region. EDAW will conduct spot-checks of references
and regulatory standards to ensure adequacy and consistency with SCAQMD requirements.
The appropriateness of the recommended mitigation measures will be reviewed and any
refinements will be recommended.
6.6: Biological Resources
Extensive biological resource analysis has been completed in support of the ADEIR. Senior
EDAW biologists will review the technical studies to determine whether the methodologies and
conclusions are sound. Appropriate regulatory agency representatives will be contacted to
clarify concerns or preferred mitigation approaches. Prior to any agency contact, EDAW will
coordinate with the Aera team (e.g., The Planning Center) to ensure the correct contact is made
and to establish any appropriate contact protocols. Our senior biologists will pay particular
attention to the appropriateness of project mitigation measures. If alternative mitigation
measures may be warranted or possible, EDAW will provide this input. It is anticipated that
supplemental field or survey work will not be necessary, and is not included in this scope of
work.
6.7: Cultural Resources
A senior EDAW cultural resource specialist will review the cultural resource study, prepared by
John Minch and Associates. This review will focus on the study methodology, thresholds of
significance, and the appropriateness of the mitigation measures identified for the project.
Consideration will be given to the extent of conducted surveys given the programmatic stage of
the project. In addition, the ADEIR section will be reviewed to ensure the methods and
recommended measures are appropriately characterized in the ADEIR, and that mitigation
measures provide the necessary level of detail and description of performance standards to
ensure that potential impacts to known and unknown cultural resources are addressed.
EDAW will provide Native American consulting services for the City of Diamond Bar as
mandated by Senate Bill (SB) 18 due the General Plan Amendment that will be necessary for
project implementation. EDAW will contact the Native American Heritage Commission for a
sacred lands search and a list of SB 18 contacts. In consultation with the City, EDAW will draft a
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Native American contact letter for distribution on City of Diamond Bar letterhead. The contact
letter will be followed with phone calls. Based on the size and complexity of the project, it is
anticipated that EDAW will organize up to three (3) consultation meetings between tribal
representatives and city staff. In addition, EDAW staff will conduct up to two (2) field trips with
City and Native American representatives. EDAW will provide written documentation of
contacts, along with meeting minutes and field trip notes.
6.8: Mineral Resources
The ADEIR mineral resource section will be reviewed to ensure the potential for impacts to
mineral resources is appropriately addressed and substantiated in the ADEIR.
6.9: Agricultural Resources
The ADEIR agricultural resource section will be reviewed to ensure the potential for impacts to
these resources is appropriately addressed and substantiated in the ADEIR. The subject of
agricultural resources and methodologies for their assessment is an area where there are
differing views within the environmental and consultant communities. EDAW is well versed in
the differing views and analysis methodologies regarding this topic; we have a particular
expertise in this regard, and have authored several articles and presentations on the topic. Our
review will focus on the methodologies used for the analysis, and will consider whether they are
the most conservative approach in light of the case law and statutes that provide guidance on
this topic. If warranted, we will recommend any adjustments which may bolster the conclusions
of the analysis.
6.10: Visual Quality
EDAW will review the visual analysis in consideration of the guidance provided by CEQA and
the CEQA Guidelines. Although the consideration of visual impacts can be subjective, the clear
definition of thresholds of significance and connectivity of the analysis to the thresholds of
significance can provide clarity in a visual analysis. Of particular concern for the project will be
whether the project substantially changes the character of the site and surroundings and
whether scenic resources would be damaged or removed. Because the project would result in
development of a large portion of land that is currently open space, these considerations will be
of particular concern. Special attention will be given to the definition of scenic resources, using
the general plans and regulatory documents of the involved agencies as guidance. In addition,
consideration will be given to the hillsides and ridgelines and to what degree the involved
jurisdictions characterize these as important resources. To the extent possible, the ADEIR
visual quality section should rely upon adopted regulatory standards and guidance for these
definitions. Where these definitions are not available, the ADEIR analysis could create the
substantiation to defend the conclusions regarding visual impacts. In our review of the ADEIR
visual quality section, we will also pay particular attention to any identified mitigation measures
to consider whether the measures directly address the impact in enough detail to reduce any
identified impacts to a less -than -significant level. It is our understanding that the ADEIR also
identifies some visual impacts as significant and unavoidable, We will review these findings and
determine whether they are substantiated. In addition, EDAW will determine if alternatives
should be considered to address these identified impacts.
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6.11: Transportation/Traffic
As part of this task, EDAW team member Fehr & Peers will participate in a meeting with LSA
Associates, the consultant responsible for developing the traffic and circulation analysis. This
meeting will provide an opportunity to review the approach and methodologies used in the
study. It is our understanding that a separate traffic analysis has been conducted for Los
Angeles and Orange counties. The approach for incorporation of any applicable standards or
requirements specific to the City of Diamond Bar will be discussed. Fehr & Peers will then
conduct a peer review of the documents and any relevant technical appendices. A focus of this
review will be whether the methods are applicable to the context and for defensibility related to
CEQA requirements and recent court cases. Additionally, Fehr & Peers will conduct spot-
checks of technical calculations and will identify any issues that may need additional information
to develop a comprehensive analysis. Consideration will be paid to different methodologies or
thresholds that may be necessary to address the needs of the multiple jurisdictions involved in
the project. Specific attention will be paid to the identified mitigation measures, considering
whether they are adequate with respect to the needs of the City of Diamond Bar. Fehr & Peers
will consider whether alternative mitigation measures are possible, and whether the mitigation
measure triggers and fair -share contributions are proportional to the project's impact.
Mechanisms may be suggested for on-going monitoring of the project and a protocol may be
developed for how individual maps will be reviewed (and further studies needed) subsequent to
master plan approval.
6.12: Sewage Disposal
In this task, EDAW will conduct a technical peer review of the ADEIR section focused on
sewage disposal to determine whether the appropriate study methodologies have been
considered. In addition, EDAW will review this section for its compliance with CEQA, including
the adequacy of significance conclusions and any identified mitigation measures.
6.13: Utilities
The utilitles analysis will need to address all the improvements necessary to provide utility
service connections to the project site. Considerations in our review will be to determine
whether the analysis addresses any off-site improvements or connections that may be
necessary. The utilities analysis should be oriented toward LAFCO review and use of the
document for any service boundary changes necessary for the project. As part of this task,
EDAW will conduct a thorough technical review of the Water Supply Analysis. Our team has
particular experience developing water supply assessments for public agencies in response to
SB 610; based upon this expertise, we will provide any input that we feel is necessary to ensure
the assessment is regarded as technically sound.
6.14: Environmental Safety
EDAW's senior hazardous materials specialist will review the environmental safety section of
the ADEIR and the Phase 1 Environmental Site Assessment to determine its adequacy in
methodology, approach, and impact definition. In addition, the ADEIR section will be reviewed
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to consider the adequacy of any mitigation measures requiring additional study, and whether the
measures provide for the necessary performance standards to ensure CEQA compliance.
6.15: Land Use
The land use section will be reviewed by a senior land use and CEQA specialist. Specific
attention will be paid to the policy analysis and how the policy analysis is integrated into the
environmental analysis. Consistencies and inconsistencies with existing and proposed local
land use plans and policies should be identified and addressed, in compliance with Section
15125(d) of the CEQA Guidelines, which direct all EIRs to discuss any inconsistencies between
a proposed project and applicable general plans and regional plans. The plans and policies of
the City of Diamond Bar, Los Angeles County, and Orange County should be addressed. In
addition, it is assumed that this section of the ADEIR considers whether any environmental
impacts related to land use could occur. Of particular importance in a land use analysis is the
definition of thresholds of significance, and what constitutes a significant environmental impact.
EDAW will make any necessary recommendations in light of these considerations.
6.16: Population, Housing, and Employment
EDAW will review the population, housing, and employment section of the ADEIR, paying
particular attention to the distinction between environmental and social issues. In addition, this
section of the ADEIR should also address to what degree secondary environmental impacts
could occur from potential social issues related to housing and employment. In particular,
EDAW will consider the identified thresholds of significance and their linkage to the
environmental evaluation provided in this section.
6.17: Recreation
The ADEIR recreation section will be reviewed to ensure the potential for impacts to recreation
resources and any secondary environmental effects are appropriately addressed and
substantiated in the ADEIR.
6.18: Cumulative Analysis
The required components of the cumulative assessment are included in several sections of the
ADEIR. The assumptions regarding cumulative impacts are provided in the Environmental
Setting section of the ADEIR, while the technical cumulative analyses are provided in each of
the environmental resource chapters. EDAW will review these sections to determine their
sufficiency. Of particular focus will be consideration for the extent of projects or growth
assumptions that are included in the assumptions regarding cumulative impacts, or what can be
referred to as the "cumulative baseline." Our review of the cumulative analyses will be based on
an understanding of other projected growth, uses proposed in the vicinity of the property, and
specific known projects, which would be added to specific impacts of the project. We will
consult with each of the counties and the City of Diamond Bar to determine the sufficiency of the
cumulative baseline.
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In addition, the cumulative analyses will be reviewed to ensure that they create a logical
connection between the cumulative baseline and potential cumulative impacts. The cumulative
analysis should include the following elements:
• A discussion of related projects (the cumulative baseline). It is typically best if the
baseline is discussed issue by issue (i.e., land use, air quality, traffic, noise, biological
resources, etc.), since the cumulative baseline or study area may differ by topic.
• A conclusion as to whether the baseline for each environmental topic is significant,
• If environmental impacts under the baseline are significant, a discussion and
determination as to whether the project would contribute considerably and therefore
cause a cumulatively significant effect.
• If environmental impacts under the baseline are not significant, a discussion and
determination as to whether the project plus baseline exceed significance thresholds,
and therefore result in a collectively significant effect.
• If there is a significance finding, the cumulative assessment should identify mitigation
measures to reduce the key impacts to a less -than -significant level. If mitigation
measures are not available, the reasons that they are not available must be
substantiated.
EDAW will evaluate the components of the cumulative assessment in light of this guidance. If
necessary, EDAW will recommend additions or revisions to the cumulative assessment in order
to address the necessary requirements of CEQA and the CEQA Guidelines.
6.19: Alternatives to the Proposed Project
The alternatives analysis will be reviewed for sufficiency in light of the guidance provided by
CEQA, the CEQA Guidelines, and applicable case law. The focus of the alternatives
considered should be those alternatives that could avoid or substantially lessen the significant
environmental impacts identified in the technical sections of the ADEIR. The alternatives
analysis can often be the subject of litigation, and thus our review will afford special attention to
whether the analysis meets the intent of the law. For example, we may have suggestions for
ways to expand the alternatives analysis to provide a clear record of why particular alternatives
have been rejected from consideration (e.g., not meeting project objectives or infeasibility). In
our review of the alternatives analysis, we will consider the concerns that were previously raised
by comments in response to the Notice of Preparation to ensure that the analysis is responsive.
In addition, we will consider the significant environmental impacts identified for the project in the
issues analyses, and whether the alternatives analysis adequately discusses alternative
scenarios that may avoid or reduce the identified environmental impacts. While it is not a
requirement of a lead agency to analyze every possible alternative or to adopt the
environmentally preferable alternative, the EIR must provide the enough detail and discussion
so that decision -makers can make an informed choice about the options that are available.
This task will address the review of up to 8 alternatives. This includes the alternatives included
in the ADEIR that was made available to EDAW for initial review, plus one additional alternative.
Should additional alternatives be added for consideration, a scope of work and budget
amendment may be necessary.
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6.20: Other ADEIR Sections
EDAW will review all other sections required to assemble a full and complete ADEIR. This task
will include the table of contents, executive summary, introduction, environmental setting,
growth inducement, effects not found to be significant, unavoidable significant effects, significant
irreversible environmental changes, references, and individuals and agencies consulted. We
will pay specific attention to the required contents of an EIR as specified by the CEQA
Guidelines to ensure that no element is overlooked.
6.21: Global Warming
There is now a strong legal, as well as a scientific, basis for the argument that CEQA
documents should begin to address global warming issues. This basis includes the recent
signing of AB 32 by the Governor, which integrated specific language regarding global warming
into the Health and Safety code. In addition, there are several active lawsuits on EIRs where
the challenges include the claim that global warming was not adequately addressed. While the
level of detail require for a global warming evaluation does not need to be exhaustive, it should
be addressed in the EIR. EDAW has been working directly with Jim Moose of the Remy,
Thomas, Moose, and Manley, arguably the leading CEQA law firm, on this issue, and can
provide specific guidance to the planning team on how to integrate this issue into the
environrnental analysis.
TASK 7: REVISED ADMINISTRATIVE DRAFT EIR
This task accommodates EDAW's involvement in reviewing revisions to the sections and
technical reports considered in Task 6. It is anticipated that a complete revised ADEIR will be
provided to the EDAW team after incorporating comments made during Task 6. EDAW's review
will be concurrent with the City of Diamond Bar's review.
Included in this Task is EDAW's participation in team meetings (up to 2 meetings accounted for
in Task 2) to review the City's comments on the revised ADEIR and provide direction to the
Aera team.
TASK 8: PUBLIC REVIEW DRAFT EIR
EDAW will prepare the Notice of Completion and the Notice of Availability, and submit the
notices and the requisite documents (provided by The Planning Center) to the State
Clearinghouse. In addition, the Notice of Availability will be submitted to the County Clerk.
EDAW will be reimbursed the cost of filing the Notice of Availability with the County Clerk.
EDAW will assist The Planning Center with review and revision of the distribution list for the
Notice of Availability. If necessary, EDAW could also assist with the distribution of the notices
and environmental documents.
EDAW will be available to support the City in the 45 -day public review process for the Draft EIR.
This task includes attendance and presentation support at a public meeting to receive oral
comments on the Draft EIR.
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TASK 9: FINAL EIR
At the completion of the Draft EIR public review period, EDAW will review the public comments
received on the Draft EIR concurrent with The Planning Center's review. EDAW will provide
input on the issues that need to be addressed in the response to comments. The Planning
Center will be responsible for the development of response to comments. This will include
responses to letters as well as oral comments received at any public meetings. After The
Planning Center develops the responses to comments, EDAW will conduct a review of the draft
responses. This review will focus on the sufficiency and responsiveness of the written
responses. Because the number of comments to be received during the public review period is
difficult to predict, this scope of work estimates the level of effort to a review of 30 comment
letters, with an average of 10 comments per letter and the associated responses and Draft EIR
revisions.
After EDAW has provided input into the draft response to comments, it is assumed that The
Planning Center will finalize the response to comments and prepare the Administrative Draft
EIR, which will include the responses to comments and the associated revisions to the Draft
EIR. Based on this volume of anticipated comments, it is assumed that the Final EIR
(comments and responses) will not exceed 200 pages. However, depending on the number
and complexity of the comments received, additional effort may be required. In our peer review
of the Final EIR, our technical experts will be engaged as necessary to address and review
technical issues of concern.
This task assumes up to 2 meetings (accounted for in Task 2) with the City of Diamond Bar and
the planning team.
This task is limited to the professional hours, as shown in the accompanying spreadsheet.
Should additional effort be necessary for completion of this task based upon the volume or
complexity of the comments received on the Draft EIR, and contract and budget amendment
would be necessary.
TASK 10: MMRP, FINDINGS OF FACT, AND STATEMENT OF OVERRIDING
CONSIDERATIONS
EDAW will review of the Mitigation Monitoring Program, the Findings of Fact and Statement of
Overriding Considerations. EDAW will provide comments on initial drafts of these documents.
In addition, EDAW will review revised versions of the documents to ensure our comments are
incorporated appropriately.
TASK 11: PUBLIC HEARINGS
On the City's behalf, EDAW will be available to attend and participate in the public hearings for
certification of the Final EIR and consideration of project approval. This scope of work assumes
up to three hearings will be necessary for the project. Up to two preparatory meetings are
included in this task to review the staff report, presentation, and define roles for the meetings.
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EDAW will prepare the Notice of Determination and file it with the State Clearinghouse, if
desired by the City of Diamond Bar.