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HomeMy WebLinkAbout06/21/2011 5 r " f@ r 3 a City of Diamond r CityAgendaCouncil Tuesday, June 21 , 2011 5:45 p.m. — Closed Session — Room 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 Steve Tye Ling-Ling Chang Mayor Mayor Pro Tem Ron Everett Carol Herrera Jack Tanaka Council Member Council Member Council Member 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. In an effort to comply with the requirements of Title l/of the Americans with Disabilities Act of 1990,the City of Diamond Bar requires that any person in need of any type of special equipment,assistance or accommodations)in order to communicate at a City public meeting,must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking,eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. i DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time-Warner Cable Channel 3 and Verizon FiOSJelevision Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent'Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time-Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 IS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME-WARNER CABLE CHANNEL 3 AND VERIZON FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE'RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WVWV.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 21, 2011 Next Resolution No. 2011- 27 Next Ordinance No. 04 (2011) CLOSED SESSION: 5:45 p.m., Room CC-8 Public Comments on Closed Session Agenda 00. Government Code Section 54956.8- Property 4956.8Property Address: 21810 Copley Drive, Diamond Bar Agency Negotiator: City Manager Negotiating Party: Los Angeles County Library Under Negotiation: Terms and Conditions CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Paul Song Diamond Canyon Christian Church ROLL CALL: Council Members Everett, Herrera, Tanaka, Mayor Pro Tem Chang, Mayor Tye APPROVAL OF AGENDA: Mayor Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. June 21, 2011 PAGE 2 1 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — June 23, 2011 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.2 Planning Commission Meeting — June 28, 2011 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 4th of July Holidg — Monday, July 4, 2011 - City Offices will be closed in observance of 4t of July. Offices will reopen Tuesday, July 5, 2011 at 7:30 a.m. 5.4 4th of July Blast — July 4, 2011 - 5:00 p.m., Diamond Bar High School, 21400 Pathfinder Road. Fireworks begin at 9:00 p.m. 5.5 City Council Meeting — July 5, 2011 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.6 Concerts in the Park — July 6, 2011- 6:30 — 8:00 p.m., Ravelers (Classic Rock) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.7 Movies Under the Stars — July 6, 2011 — How to Train Your Dragon - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.8 Planning Commission Meeting — July 12, 2011 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. June 21, 2011 PAGE 3 5.9 Concerts in the Park — July 13, 2011- 6:30 — 8:00 p.m., Bumptown (Latin) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.10 Movies Under the Stars — July 13, 2011 — Despicable Me - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.11 Traffic and Transportation Commission — July 14, 2011 — 7:00 p.m., Hearing Board Room, 21865 Copley Drive. 5.12 City Council Meeting —July 19, 2011 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of June 7, 2011 — Approve as submitted. 6.2 Parks and Recreation Commission Minutes: (a) Study Session of April 14, 2011 — Receive and file. (b) Regular Meeting of April 28, 2011 — Receive and file. 6.3 Ratification of Check Register — Dated June 2, 2011 through June 15, 2011 totaling $454,121.13. Requested by: Finance Department 6.4 Authorize City Manager to Purchase Hewlett Packard Servers, Cisco Networking Equipment and Additional Hardware from CDWG, Throughout FY 11-12 in the Amount Not-to Exceed $260,000. Recommended Action: Authorize. Requested by: IS Department 6.5 Approve a Contract with The ComDyn Group, Inc. for As-Needed Information Technology Services in an Amount Not-to-Exceed $35,500 for Fiscal Year 2011-12. Recommended Action: Approve. Requested by: IS Department June 21, 2011 PAGE 4 6.6 Adopt Resolution No. 2011:XX: Accepting the Quitclaim Deed from Ryland Homes of California, Inc. of its Interest in the Property Located in the Longview South Mini-Park. Recommended Action: Adopt. Requested by: City Manager 6.7 Community Services Department: (a) Approval of Amendment No. 3 to the Agreement with And I Officials to Extend the Contract Period to July 1, 2011 through June 30, 2012 in the Amount Not-to-Exceed $35,000. Recommended Action: Approve. (b) Approve an Agreement Not-to-Exceed $55,000 with the California Conservation Corp (CCC) for As-Needed Trail Repairs, Brush Clearance and Minor Maintenance in Parks and Open Space for the 2011112 Fiscal Year and Authorize the City Manager to Execute the Agreement. Recommended Action: Approve and Authorize. (c) Approval of Contract Extension with Excel Landscape for Landscape Maintenance Services at Lighting and Landscape Maintenance Districts Nos. 38, 39 and 41 for the 2011/12 and 2012113 Fiscal Years in the Annual Amount of $329,675; Plus a Contingency Amount Each Year Not-to-Exceed $27,000 for As-Needed Work, for a Total Annual Authorization of$366,676. Recommended Action: Approve. (d) Approve Amendment No. I to the Agreement with Access Control Security to Extend the Contract Period to July 1, 2011 Through June 30, 2012 in the Amount Not-to-Exceed $30,000. Recommended Action: Approve. (e) Approve Amendment No. 3 to the Agreement with Tennis Anyone to Extend the Contract Period to July 1, 2011 through June 30, 2012 in the Amount of$70,000. Recommended Action: Approve. June 21, 2011 PAGE 5 (D Authorization to Exceed the City Manager's Purchasing Authority of $25,000 to Extend Vendor Services for Senior and Adult Excursions Provided by Inland Empire Stages Limited, in an Amount Not-to-Exceed $70,000 for Fiscal Year 2011112. Recommended Action: Authorize. (g) Approve Extension of Contract with Valleycrest Landscape Maintenance for the Term of July 1, 2011 through June 30, 2013 to Provide Landscape Maintenance Services at 9 City Parks, Grounds of the Diamond Bar Center, Football Field and Slope at Lorbeer Middle School, and the Trail/Trail Head at Sycamore Canyon Park, in the Amount of$362,996 each Fiscal Year, and As-Needed Work in the Amount of $26,000 each Fiscal Year for a Total Authorization Not-to- Exceed $387,995 Annually. Recommended Action: Approve. (h) Approval of Amendment No 6-A to the Contract with West Coast Arborists for City-Wide Tree Maintenance and Watering Services for Fiscal Year 2010111 Adding $12,000 to the Authorized Amount of $177,800 Resulting in a Total Not-to-Exceed Amount of$189,800. Recommended Action: Approve. (i) Approval to Extend the Vendor Services Contract with D.H. Maintenance Services for the Term of July 1, 2011 through June 30, 2014 to Provide Janitorial and Building Maintenance Services at the Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room in the Amount of $155,832 each Fiscal Year and As-Needed Work in the Amount of $36,000 each Fiscal Year for a Total Authorization Not-to-Exceed $190,832 Annually. Recommended Action: Approve 6.8 City Manager Department: (a) Authorize the City Manager to Approve Amendment No. 4 to the Three-Year Professional Services Agreement with SJIC 3 Consultants in the Amount of $30,000 for a Not-to-Exceed Amount of $90,700 to Administer the City's Home Improvement Program (HIP). Recommended Action: Authorize June 21, 2011 PAGE 6 (b) Approval of Amendment No. 1 ($23,566) to the Three-Year Contract to Diana Cho and Associates for CDBG Contract Administration Services for a Not-to-Exceed Amount of$48,566. Recommended Action: Approve. (c) Approval of Contract with Herry International, Inc. for Construction Management Services for the Construction of City Hall and the Los Angeles County Public Library for an Amount Not-to- Exceed $426,351 and Authorize a 6% Contingency ($21,500) for Additional As Needed Services. Recommended Action: Approve. Requested by: City Manager 6.9 Approve Extension of City-Wide Graffiti Removal Contract with Graffiti Control Systems for Fiscal Year 2011-12 in the Amount Not- to-Exceed $59,280. Recommended Action: Approve Requested by: Planning Department 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2011-XX: Approving Tentative Parcel Map No. 71362 for Subdivision of an Existing Vacant 3.07 Acre Lot into Two Lots for the Development of a Single-Family Residence on Each Lot located at 2127 Derringer Lane (APN 8713-034-030). Recommended Action: Receive Staffs Report, Open the Public Hearing, Receive Public Testimony, Close the Public Hearing and Adopt. Requested by: Planning Department 7.2 (a) Adopt Resolution No. 2011-XX: Ordering the Detachment of Specified Portions of the Pulte Tract ("Diamond Hills") Parcels from Landscape Assessment District No. 39. Recommended Action: Receive Staffs Presentation; Open the Public Hearing; Receive Testimony;.Close the Public Hearing and Adopt. (b) Adopt Resolution No. 2011-XX: Levying an Assessment on Landscaping Assessment District No. 38 for Fiscal Year 2011-12. June 21, 2011 PAGE 7 (c) Adopt Resolution No. 2011-XX: Levying an Assessment on Landscaping Assessment District No. 39 for Fiscal Year 2011-12. (d) Adopt Resolution No. 2011-XX: Levying an Assessment on Landscaping Assessment District No. 41 for Fiscal Year 2011-12. Recommended Action: Combine b, c, and d; Receive Staffs Presentation; Open the Public Hearing; Receive Testimony; Close the Public Hearing and Adopt (b) Resolution No. 2011-XX (District 38); (c) Resolution No. 2011-XX (District No. 39) and (d) Resolution No. 2011-XX (District 41). Requested by: Public Works Department 7.3 Approve for First Reading Ordinance No. OX (2011): Recovery of Attorney Fees in Nuisance Abatement Proceedings and Amending Diamond Bar Municipal Code. Recommended Action: Receive Staff Presentation, Open the Public Hearing, Receive Testimony, Close the Public Hearing and Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 0X(2011). Requested by: Planning Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB-COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6 . 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 7, 2011 CLOSED SESSION: 5:30 p.m., Room CC-8 Public Comment on Closed Session Agenda — None offered. ON. Government Code Section 54956.9(c) — Initiation of Litigation — 3 Cases No. Government Code Section 54956.8 Property Address: 21810 Copley Drive Diamond Bar, CA Agency Negotiator: City Manager Negotiating Party: Los Angeles County Library Under Negotiation: Terms and Conditions Closed Session adjourned at 6:30 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:31 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that tonight's meeting began at 5:30 with a Closed Session. There were no public comments on the agenda and nothing was added to the agenda. One item discussed in Closed Session had to do with possible acquisition of a small park on Longview that was believed to be owned by the City. After investigation he was happy to report that the developer who created the park has agreed to quit claim the property to the City without the need for litigation. The City Council authorized the City Manager to execute the appropriate documentation for resolution of that matter. With respect to potential initiation of litigation no other reportable action was taken. Council also discussed the matter of the lease of City property at 21810 Copley Drive. The Council was updated on the lease negotiations with the County of Los Angeles relative to the lease of space in the new City building for the library. PLEDGE OF ALLEGIANCE: Crystal Brown led the Pledge of Allegiance. INVOCATION: Pastor Jeanne Favreau-Sorvillo, Diamond Bar United Church of Christ, gave the invocation. ROLL CALL: Council Members. Ron Everett, Carol Herrera (temporarily excused), Jack Tanaka, Mayor Pro Tern Ling-Ling Chang and Mayor Steve Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community JUNE 7, 2011 PAGE 2 CITY COUNCIL Services Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Grace Lee, Senior Planner; Kimberly Young, Associate Engineer; Glenn Steinbrink, Interim Finance Director; Ken Desforges, IS Director; Lauren Hidalgo, Public Information Specialist; Natalie Tabon, Planning Technician; Raymond Tao, Interim Building Official; Vicki Cross, HR Manager; Anthony Santos, Management Analyst; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tye presented a Certificate of Recognition to Jessie Lau, Grand Prize Winner of the Second Annual "Bite Back Against Mosquito Attacks" Student Poster Contest sponsored by the Greater Los Angeles County Vector Control District (GLACVCD). A Certificate was also presented, from Assemblyman Hagman's office. Members of GLACVCD including Crystal Brown attended. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: ACM/Doyle provided an update on the new City Hall and Library project. Staff has been to the City Council during the past few months to move this project forward including hiring LPA as the City's Architect. As of June 2 the plans and specifications have been developed and are available for pickup by general contractors wishing to bid on the construction project. Bids are due back to the City on June 28 and staff anticipates bringing the award for construction to Council for both the library and City Hall on July 5. At this time, discussions and negotiations are proceeding to conclusion and staff is working on a reimbursement agreement with the County as well as, negotiation and approval of a Memorandum of Understanding having to do with library services. He intends to bring all or some of the items to Council on June 21 and the remaining items on July 5 in order to keep on track for the new City Hall to be completed sometime in late December with the move taking place between the Christmas and New Year holiday. The library construction will be continuing for another six months with an anticipated move-in of the library sometime during the summer of 2012. CM/DeStefano reported that since 1989 when the City incorporated, it has been split by two zip codes, the regular D.B. zip code of 91765 and the Walnut zip code of 91789 which has been a point of confusion for residents, business operators, service providers, etc. for the past 22 years. Since the early 1990's, the City has been working diligently to gain a change to that split zip code and what the City has sought is an exclusive zip code for the entire community. Earlier this year he and Council Members traveled to Washington D.C. to lobby legislators, staff JUNE 7, 2011 PAGE 3 CITY COUNCIL members and leaders regarding the zip code issue as well as, transportation funding for the major transportation efforts currently underway near and within D.B. The good news is that there is a resolution to the zip code issue on the horizon and City Council Members will speak to that matter during tonight's meeting as well as, what staff will be doing to move forward to conclude the City's effort to gain a unified exclusive zip code for the incorporated community of D.B. 3. PUBLIC COMMENTS: Diamond Bar Library's Julie Macasland Capt.) announced some of the many activities that the Library is sponsoring during the summer. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — June 14, 2011 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive (Canceled). 5.2 City Council Meeting — June 21, 2011 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded, to approve the Consent Calendar as presented with the exception of Item 6.10, pulled by C/Herrera. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1. CITY COUNCIL MINUTES — (a) Study Session of May 17, 2011 —Approve as submitted. (b) Regular Meeting of May 17, 2011 —Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of March 22, 2011 6.2.2 Regular Meeting of April 12, 2011 6.2.3 Regular Meeting of April 26, 2011 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of April 14, 2011. JUNE 7, 2011 PAGE 4 CITY COUNCIL 6.4 RATIFIED CHECK REGISTER — Dated May 12, 2011 through June 1, 2011 totaling $2,396,244.60. 6.5 APPROVED TREASURER'S STATEMENT— For the month of April 2011. 6.6 a) ADOPTED RESOLUTION NO. 2011-17: CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE ELECTION OF CERTAIN OFFICERS (TWO CITY COUNCIL SEATS) AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. b) ADOPTED RESOLUTION NO. 2011-18: REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011 WITH THE SCHOOL ELECTIONS TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. c) ADOPTED RESOLUTION NO. 2011-19: ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011. 6.7 APPROVED UNLIMITED USE SERVICE PROPOSAL WITH BLACKBOARD CONNECT FOR GOVERNMENT TO PROVIDE CONNECT-CTY EMERGENCY NOTIFICATION SYSTEM SERVICE THROUGH AUGUST 14, 2012 AT A COST OF $35,337.13. 6.8 AWARDED CONTRACT TO WEST COAST ARBORISTS FOR TREE MAINTENANCE SERVICES FOR FISCAL YEAR 2011-12 BUDGET IN AN AMOUNT NOT TO EXCEED $181,700. 6.9 APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM PROJECT ALONG BREA CANYON ROAD, DIAMOND BAR BOULEVARD, GOLDEN SPRINGS DRIVE, GRAND AVENUE AND PATHFINDER ROAD, IN THE AMOUNT OF $134,475 TO VT ELECTRIC, INC. AND AUTHORIZED A CONTINGENCY AMOUNT OF $15,500 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $149,975. JUNE 7, 2011 PAGE 5 CITY COUNCIL 6.11 AWARDED RKA CONSULTING GROUP A CONTRACT TO PROVIDE BUILDING AND SAFETY SERVICES FOR THE CITY. 6.12 ADOPTED RESOLUTION NO. 2011-20: ESTABLISHING AND ADOPTING A SCHEDULE OF RATES, FEES AND CHARGES, FOR SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT AND PUBLIC WORKS DEPARTMENTS. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.10 APPROVAL OF CONTRACT AMENDMENT #1 WITH RKA CONSULTING GROUP FOR A COST NOT TO EXCEED $275,000 AND APPROPRIATED $36,000 FROM GENERAL FUND TO PROVIDE BUILDING & SAFETY SERVICES FOR THE REMAINDER OF FISCAL YEAR 2010-11. C/Herrera asked for clarification of this item. CM/DeStefano responded that the City brought RKA on board to serve as the City's Building and Safety provider in October 2010. At that time, staff anticipated the budget resources for this fiscal year to be about $210,000. However, it appears that more will be needed to conclude the 2010-11 budget year due to a slight uptick in the work effort as a result of Building and Safety permit activities. There was also an increase required of their resources as a result of some extensive code enforcement cases for which they have assisted the City during the past nine months. M/Tye asked for confirmation that the amount being requested was "not to exceed" and "not in addition to". CM/DeStefano responded affirmatively. M/Herrera moved, C/Evereft seconded, to approve Item 6.10. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION NO. 2011-21: DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION'S DECISION TO APPROVE A NEW SINGLE FAMILY RESIDENCE CONSISTING OF 7,432 SQUARE FEET OF LIVING SPACE, TWO JUNE 7, 2011 PAGE 6 CITY COUNCIL GARAGES TOTALING 1,968 SQUARE FEET, 1302 SQUARE FOOT INDOOR POOL AREA AND . 1,573 SQUARE FOOT COVERED PORCHES AND LOGGIA LOCATED AT 3010 WAGON TRAIN LANE (APN 8713-019-004). CDD/Gubman reported that this matter was approved by the Planning Commission on April 12, 2011 of a new single family residence at 3010 Wagon Train Lane within "The Country Estates". He showed an aerial photo of the project site and the appellant's house across the street on the opposite corner. The proposed development is to demolish the existing single family one-story residence and construct a new two-story single family residence on the property consisting of the following specifications: The existing residence to be demolished is about 3700 square feet. The new residence to replace it is about 7400 square feet of living area, two garages totaling about 2000 square feet, an enclosed swimming pool that is within a 1300 square foot wing of the new residence, and ancillary covered porches and loggias that comprise the overall coverage of building space on the property. The basis for the Planning Commission's April 12, 2011 approval is not only that the project meets the minimum development standards required of all new construction in D.B. such as meeting setbacks, not exceeding height limits, parking requirements, etc. and because it is a discretionary project beyond the minimum code requirements, the Planning Commission must find that the proposed development is appropriate for the site and is compatible with the neighborhood in which it is to be located. During the 10-day appeal period the neighbors on the opposite corner of Windmill and Wagon Train filed an appeal, the basis of which can be summarized by the following four points: The appellants contend that the proposed home will result in a loss of view from their residence; that the home should be constructed on the descending slope at the rear of the property rather than on the flat pad that currently exists on the parcel because should the house be constructed further into the lot and down the slope it would reduce the impact on their views; that a large number of trees were recently removed from the property according to the appellants, and that combined with the larger development proposed for this site would result in a new development that would degrade the site's natural character. CDD/Gubman then showed street views of the existing view of the home along Windmill Drive looking toward the Wagon Train frontage, an outline of the proposed new home on the photograph, and the proposed development that would replace the current residence. To respond to the contention that the proposed project would result in a severe degradation of the view from the appellant's view, CDD/Gubman showed street level views of the development site as viewed from the appellant's property's JUNE 7, 2011 PAGE 7 CITY COUNCIL advantage point. The first view shown was the lower right corner, the areathatis currently a grove of mature trees. The second view was predominately of the existing residence, and the third vantage point showed a northwesterly view of Wagon Train that goes on toward the skyline where one can view the ridge of the hills beyond. CDD/Gubman stated that in reviewing the criteria set forth in the City's Development Code and in the Design Guidelines for view protection, staff and subsequently the Planning Commission, found that this development site, from the perspective of the appellant's property, did not meet any of the view criteria that would warrant invocation of view protection requirements. The appellant's have a significant panoramic view of the canyon area to the rear of their property. The view of the street scenes is obstructed, degraded, or at best are narrow slot views that are enjoyed at this time. The house that is being proposed would not significantly worsen those views although staff would not agree that the current views are significant and in need of protection or enhancement at this point. The significant view for the appellant's property needs to be considered to be the canyon area that is, once again, to the rear of their home and not affected by this project. The areas to the rear of the appellant's home are actually undevelopable so that view is effectively a guaranteed view to be preserved in perpetuity. The appellants bring another argument that the project property should be redeveloped so that the new home is developed down slope toward the rear of the property in order to keep the profile of the new home as low as possible. Staff would argue that doing so would significantly degrade the topography that currently exists at the rear of the project site. Other new construction in "The Country Estates" because of the relatively small pad size for undeveloped areas requires applicants to do significant earth work to build up their rear pads in order to create a buildable area on the site. This property, in contrast to that scenario, is relatively flat and there is no need to do the massive grading because the applicant is able to build on the flat area and not disturb the topography to the rear of the property which significantly minimizes grading to allow construction of the site. The most grading that will be needed to accommodate the proposed development is the excavation for the proposed swimming pool. CDD/Gubman further stated that another important point to bring up about this project is that unlike much of the newer development in "The Country Estates" which is generally monumental in scale, the proposed project is a more one-story oriented design that is more subdued in that it does not have a grand entrance, it does not have a bulky monumental two-story presence from the street and it is laid out more in a villa type of configuration where the applicant has JUNE 7, 2011 . PAGE 8 CITY COUNCIL taken advantage of the amount of pad area and is spreading the footprint of the house over that pad to reduce its overall scale mass bulk. There is a point in the appeal that references the alleged unauthorized removal of protected trees before this project was submitted to the Planning Commission for approval. However, staff does not find that there is any evidence to that allegation based on discussions with the applicant. According to the applicant, the removal of the trees in question occurred when the property was sold. The property was acquired by the applicant about two years ago. According to the applicant and written statements that are required to be submitted with the Development Review application, there were and are no protected trees on the property. The final key point raised in the appeal is that the natural character of the site would be degraded. Staff and the Planning Commission also determined that that is not the case with this proposed project. This site plan shows the existing tree inventory that is on-site and the trees that are circled in red are the trees that would be removed to accommodate the proposed development. As part of the development, a significant and substantial plant palate is proposed consisting of numerous mature trees including container sizes as large as 60-inch boxed trees and significant amounts of shrub and ground cover. CDD/Gubman also pointed out that the proposed project shows little if any turf, so it is actually reverting to a more native plant palate than the current landscape which is predomi- nately lawn. He recapped the key points and stated that because the project is in the hillside zone there are other design features that need to be incorporated to ensure that the development is appropriately designed to fit the property and its natural characteristics. As part of this development, there are no retaining walls that exceed four feet in height, the building footprint is laid out so that it conforms to the topography of the land and is not requiring that the land form be altered to fit the footprint of the house, and, native vegetation is to be retained at the slopes, side and rear of the property. Because there is no earth movement necessary to accommodate this project, the canyon will be kept in its current state. C/Everett said that one thing that troubled him was the address of the project location. Apparently, there was a typo on one of the Commission reports. CDD/Gubman acknowledged that there was a typographical error on the attachment to the approval resolution where the property address is stated as 3010 Windmill and should be 3010 Wagon Train. He stated that should the Council uphold the Planning Commission's approval, all final approval documentation will be JUNE 7, 2011 PAGE 9 CITY COUNCIL revised accordingly to reflect the correct address of 3010 Wagon Train. C/Evereft asked if staff knows of any protected trees that may have been removed prior to the applicant acquiring this property. CDD/Gubman responded that based on the signed statement from the applicant there were no protected trees previously on the site. The only way to confirm that fact is either through the applicant's statement made under penalty of perjury or through forensic analysis of the site if tree stumps are available to readily determine the species and diameter. Staff found no such evidence to uphold the allegation that there were protected trees removed from the site. Stuart Beck, GP Architecture, representing the property owner, spoke about the project and some of the items that were in question, the most significant of which was the issue brought up by C/Everett. He addressed the possibility of 50 native walnuts being removed. The site is currently graded and was mass graded when the development was originally done in the 1970's. The land was flattened at that time and any native trees would have been removed at that time. Any subsequent planting would not have been native; however, at this point it is impossible to verify what trees were removed. They would not have been native walnuts because the site was mass graded. The few trees he spoke with his client about consisted of a pine tree immediately adjacent to the home that was doing some root damage to the foundation and sidewalks and that pine was removed. Due to a Fire Department letter addressed to his client when he acquired the home, the home was not well maintained as far as flammable material buildup. The current owner cleaned up the flammable materials and at that time the applicant stated he removed a few dead pine trees that were the cause of the flammable material. That was the extent of the tree removal which took place on top of the flat pad that was graded during the original development. There are quite a few walnuts down the slope at the bottom of the natural topography which will remain undisturbed. There are a few walnuts up close to the flat pad and those will also remain undisturbed as shown in the plans. Mr. Beck stated that from the beginning of this project it was his client's desire to have the majority of the square footage on the first floor. His client stated that this would be the last home he built and would, in his retirement, not want a lot of stairs so the majority of the square footage is downstairs which provides a soft two-story mass. The width of the site along Windmill is 360 feet and the design is 190 feet wide but only 86 feet of the 360 feet of width constitutes the two-story element. Only a small portion of the JUNE 7, 2011 PAGE 10 CITY COUNCIL building mass could be considered a dominant two-story and have a major effect on the views. Ting Huang said he was not against his neighbors building a big house. The only problem is that this home of 2000 square feet will now be 7000 square feet and combines two lots. On Page 5 of staff's report, the first paragraph refers to attachment 4 about the City's Code for views. Paragraph B states that every new project shall respect the view of existing residential uses and any new structure shall preserve the view by creating a new corridor. The third rule new development shall be kept as low as possible to reduce or eliminate the possibility of blocking views. The next page talks about the citywide guidelines for checking the design. He showed a picture of the multiple listing that showed how the home looked. The second page of Attachment 4, Page 44 says that the first guideline is that the view shall be preserved as much as possible. The second guideline view quality is usually more important than view quantity. His house has four bedrooms, living room, dining room and den at the front of the house and almost 60 percent of his house is facing Windmill. Instead of being able to open the door and see trees and hear birds he opens his door to a view of a two story house that is 200 feet across. He felt that staff was following the guidelines but that it was very hard to determine whether the project would block his view or not. Page 5 refers to "loss of view". Staff says he has so many views it will not matter. In his opinion, one cannot say that because he has a view from the rear of the property that the front view can be taken away because that is not fair. The third point is that D.B. is committed to the urban forest which is the City's largest, most visible and important natural resource. The City Code 22.38.010 states very clearly that all of the native trees shall be protected. He referred to the second page of his pictures from 2009 showing that the house is imbedded in the green and the next page showing how many trees had been removed. When the applicant removed the trees Mr. Huang felt sorry so he asked the tree remover not to remove the trees and was told the City provided a permit to remove the trees. Mr. Huang said that his wife called the tree remover and asked him to testify that they removed a lot of trees which included Walnut and California Oak. If the City issued a permit to remove those trees he would like to see it and would not argue that the applicant had a right to remove the trees. If there is no permit he would call the environmental protection group. He reiterated his three objections. M/Tye said there was a difference between the need for a permit to remove trees from a property and the need for a permit to remove protected trees and asked staff to address that issue. JUNE 7, 2011 PAGE 11 CITY COUNCIL CDD/Gubman stated that there are a limited number of species identified in the Code as "protected" which include: walnut, oak willow and California Pepper. The size for a tree of those species to be considered protected is an eight inch diameter at shoulder height. If trees are being removed that meet those criteria an applicant or property owner would need a tree removal permit. Staff has not issued a tree removal permit for this site. Staff was unaware of any tree removal activity for this site which is not uncommon because tree contractors are in the City pruning and removing trees on a daily basis and the City did not receive any complaints alleging that protected trees were removed and staff has no forensic evidence to indicate that protected trees existed on this site which were unlawfully removed. M/Tye stated if he had Sycamore, Liquid Amber or Jacaranda, he would not need a permit to remove those trees. CDD/Gubman said that Sycamore would be a protected tree but Jacaranda, Eucalyptus. M/Tye asked if he had a Liquid Amber or Fichus he would not need a permit and would not matter how large. CDD/Gubman affirmed his comment. M/Tye said that permits were not issued which would lead one to believe that protected species were not removed. M/Tye asked staff to address Mr. Beck's point that if this property was scrubbed/leveled to build this property 30 or 40 years, would planted trees be native to that site? CDD/Gubman said they could be indigenous but not volunteer native to that site. However, by virtue of them being the right species and have sufficient time to mature, they could grow into becoming "protected" trees in accordance with the Code. Jeri Huang explained that she took care of the previous owner until his death. She knew his backyard and the trees on his property. At her house she still has a lot of protected trees and she knows there were protected trees on the applicant's property. Otherwise, the applicant would not say anything about having a lot of protected trees on his property because it is a contradiction. Secondly, the owner of this property bought the house in 'one day. Right after December 2009 four big trucks came in and took out the two-rail fence and chipped out the trees to leave no evidence. Unfortunately, the tree removal process left a lot of debris at her JUNE 7, 2011 PAGE 12 CITY COUNCIL house because there was too much to finish. She has their address and phone number and if the Council wishes she can call them in to testify that they removed walnut trees and native oak trees and they were instructed to remove those before planning commenced. D.B. is the Tree City of America and please keep that integrity. C/Herrera stated that from all of the material contained in the Council packet it would appear that the Planning Commission thoroughly reviewed this application and came to conclusions and made various findings. C/Everett believed there was a bit of difference that was not included in staffs report as to whether there were protected trees and his feeling is that if there are valid witnesses they should be here tonight, what is the position of these people the Council has heard in hearsay and reference to that may have credibility but are not present this evening. CA/Jenkins responded that the Council can really only take into consideration the evidence that has been brought before it in this hearing in staffs report and in the form of testimony. It is Council's job to weigh the evidence presented and decide how much credibility it has and decide whether it has sufficient credibility and weight to influence Council's decision. Council cannot take into consideration matters that are not before the Council or matters that are third-party hearsay, for example. While this is not a court and it is certainly appropriate to bring up such matters, the Council has to decide whether it wishes to give such hearsay any weight based on where it is coming from. As C/Everett is suggesting, there is a proof problem in this instance and the second problem of course, is the relevance issue. Is it relevant to the findings the Council is being asked to make in response to this application for development of this site. C/Tanaka said that unfortunately, if trees were illegally removed, that is another issue. However, he believed the architect worked diligently to design a good product to reduce the bulk of the second story to a minimum and to design the bulk of the footprint on the first floor. Unfortunately, views are not something that in every case are guaranteed but with the architectural design he believed that all of those issues have been taken into consideration in this final project. C/Herrera moved, C/Tanaka seconded, to Adopt Resolution No. 2011-21 denying the appeal and affirm the Planning Commission's JUNE 7, 2011 PAGE 13 CITY COUNCIL Decision to approve a new single-family residence consisting of 7,432 square feet of living space, two garages totaling 1,968 square feet, 1302 square foot indoor pool area and 1,573 square foot covered porches and loggia located at 3010 Wagon Train Lane (APN 8713-019-004). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 a) ADOPT RESOLUTION NO. 2011-22: APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 AND ENDING JUNE 30, 2012 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS; AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, - OBJECTS AND PURPOSES THEREIN SET FORTH CM/DeStefano stated that with respect to Item 8.1 (a) through (e). Staff is pleased to present the City Council with the Draft Fiscal Year 2011-12 Budget. This is a budget that has, as in the past couple of years, been very difficult to create. It has been difficult to keep City service levels high and new programs moving forward while doing so with stagnant or reduced resources that this City, like many other cities have faced, in the last few years. This draft document was reviewed on May 3 and on May 17. Changes to the draft have occurred as a result of refinements by staff and through direction and comments received by the City Council during the study session where the budget was discussed. The budget is presented with General Fund estimated resources of $23,069,411 with appropriations proposed at $22,775,776. This results in a contribution to the General Fund Reserves at the end of the 2011- 2012 011-2012 Fiscal Year in the amount of $293,635. Council Members are aware that this number has increased since the first and subsequent Study Sessions. The budget starts the 2011-12 Fiscal Year with a General Fund Reserve of $21,090,968. It is estimated that $4,087,000 will be used from reserves in order to complete the library and city hall projects at the new building purchased during this, the 2010-11 budget year. Also included in tonight's budget is a Capital Improvement Program that amounts to $4,541,635. Also incorporated are a variety of spending plans within the City's Special Revenue Funds and Internal Service Funds. The economy is improving slowly and the City is looking at slight increases in JUNE 7, 2011 PAGE 14 CITY COUNCIL sales tax performance, hotel tax performance, property tax performance, and slightly more with respect to the City's return on investments. All numbers and growth areas are way below what had occurred in this community and had been received from the City's investments in the past few years which is directly related to the slowing of the economy and stagnant increases in economic growth during the past couple of years. Staff believes it will be another two years before it sees any significant new growth in any of those categories mentioned. The City continues to be concerned about what the State of California may be doing to the cities as a result of their own budget woes. D.B. has additional built-in protections that come from measures taken in the last years to protect cities and to protect raids from the State while the State deals with its own problems. Staff does not anticipate any major issues from the State this year but that is an uncertainty as the State becomes more creative in trying to find resources for their operation wherein they often look to municipalities to bail them out of their situations. $4,087,000 is proposed to be used for a variety of projects and specifically for the Civic Center project at $3,700,000. Since 2001 the City Council has utilized reserves for economic development projects and activities and in the 2011-12 Budget year staff proposes the use of $112,500 of reserves for economic development activities. Also, a portion of the reserves is proposed to be transferred out to continue to fund the Lighting and Landscape Assessment Districts which have been exceeding the appropriations to keep the Districts afloat and the areas green. Typically, the CIP requires some appropriation from General Fund Reserves; however, this year there is none. This year staff worked very hard to ensure that all resources needed for the CIP (more than $4.5 million) came from other funding sources. Within the appropriations, there are no changes to service levels and no diminishment of service levels. The City will continue to provide the same level of service with one slight uptick with an added component to youth basketball. Law Enforcement is budgeted at 3 percent higher than last year which is directly related to the City's contract with the County of Los Angeles ($5.7 million). The components of Community Services, Public Works, Community Development and others have remained essentially the same as the 2010-2011 mid-year budget presentation. In January 2011 he asked department heads to consider what was then anticipated to be the mid-year budget presentation to the Council as the blueprint for the 2011-2012 Fiscal Year Budget. Built within the law enforcement budget is a contribution that the City is required to make to Los Angeles County each year to fund a liability trust fund account in the amount of $208,000. That contribution may be waived this year; however, the waiver is not reflected within the draft budget presented this evening. Should the waiver occur or a JUNE 7, 2011 PAGE 15 CITY COUNCIL "holiday" the reserves will move up from the $293,000 to almost $500,000. However as of this date it is still budgeted because he has not yet received official word from the County that the contribution will be waived this year. However, he expects that action will occur within the next 60 days. This year staff continues to propose that four positions within the authorized allocation remain frozen. There are 50 benefited full-time employees, 5 benefited part-time employees and 58 part-time employees for a total of 113 employees at the peak. Often, the City has less as a result of the off-season peak of the part time staff needs in Community Services. The budget proposes a 2.5 Cost of Living adjustment for all employees which results in a General Fund contribution of about $20,000. The actual amount is about $130,000 but there is approximately $70,000 that comes from special funds and not the General Fund and with the frozen positions there is roughly $40,000 that is frozen and not anticipated to be used this year which results in an actual increase of $20,000. For the past 22 years the City has historically looked at the increase in the local area. This year the actual CPI increase from March to March is 3.5% but he is recommending that there be a 2.5 percent Cost of Living adjustment. In addition to the COL increase there is a benefit allotment increase that is proposed in the amount of $25 for each of the full time employees and those eligible which results in a $20,000 per year increase. Normally, the City pays a hefty amount to the Joint Power Insurance Authority (JPIA) for employee Workers' Comp and Liability insurance premiums but as a result of favorable loss experience has decreased by $58,000 this year. There are a number of special funds that for the most part are utilized for traffic, street maintenance, transportation programs, etc. and transfers-out from those various programs but very little of any significance with the numbers remain basically the same as in prior years. CM/DeStefano introduced Interim Finance Director Glenn Steinbrink and offered to answer Council questions. When the Council is prepared to do so, staff recommends that the City Council approve and adopt the resolution approving the budget for Fiscal Year 2011-12 and all attached thereto and for purposes therein set forth. MPT/Chang asked that each resolution be considered separately. There was no one present who wished to speak on this item. C/Everett said he supported the excellent presentation and the work behind the 2011-12 Budget. During the years he has served on the Council this has been the most comprehensive and JUNE 7, 2011 PAGE 16 CITY COUNCIL challenging budget. He is not prepared to vote for the total budget for a couple of reasons. The City has inherited three Lighting and Landscape Districts that are supported by fixed revenue taxing that the City inherited from the County of Los Angeles. CM/DeStefano mentioned that the City has looked for ways to deal with the costs that exceed the revenues. District 38 has 17,847 people and is probably the easiest to deal with. District 39 is only 7 percent of the residents or 1251 residents which the City has begun to underwrite. The deficit that the City is supporting from the General Fund in this year's budget is $57,000 and that amount will continue to grow. District 41 is more troubling to him because it consists of 551 (3 percent) residents and the City is supporting in excess of $15,000 to be paid back if the City finds a way to generate funds. He is sometimes critical of government that cannot live within its means. D.B. has means and this year the City is spending over $75,000 plus staff from the General Fund. He feels compelled to speak to this issue. He said he asked staff to come up with options such as reduce watering, reduce excel landscaping to allow the City to spend only the money that comes in. He asked to line-item veto the items on the Landscape District and the posture. There may not be time to correct that before the budget is due but he cannot support it at this time. The other issue is that everyone is making cost cuts and he thanked staff because neighboring cities are cuffing programs significantly and materially. He feels the residents of the Districts need to participate in wiping out this appropriation to the General Fund or cut expenditures. Secondly, he stated he couldn't support the budget because in his opinion, there was no due process for Council directing staff to proceed with the dog park. Since 2009 it has been a part of the Parks Master Plan but the cost is about $131,000 and has not been voted on by the public. Most of all, it is a part of the Parks Master Plan but was not on the top of the list. He felt the City should adopt the Master Plan and then work on the Plan with the dog park being an item that would move through the process. M/Tye said that this budget would not be line-item vetoed and the Council Members will vote up or down on the budget as presented. Since he has been on this Council it has grappled with the Lighting and Landscape Districts and there will be a solution but the time for that solution is not right now and it is not either/or. Relative to the dog park, he loves the Parks Master Plan which is a tool — it is a plan. It is not set in concrete and it does not say what the City will do force rank 1 through 10. He previously commented when this issue was raised that if you force rank then nothing will get done because the City cannot afford to do the first few things on a list that is contained within the Parks Master Plan. This is low-hanging fruit, it involves property that is available that the City owns and JUNE 7, 2011 PAGE 17 CITY COUNCIL simply needs to make it an amenity. Let us think in terms of what we lack in D.B. and CSD/Rose could tell us the population to acres of park space deficit the City has. The dog park adds park space, it adds useful park space and it reduces that deficit. C/Tanaka thanked staff for putting together an outstanding budget. With respect to the Lighting and Landscaping Districts, he believes the Council subcommittee needs to continue to work to correct the gap. He is very happy about the services and programs staff has proposed with no cuts in service levels. Regarding 8.1 (d) the City has an outstanding staff and the City should make sure to continue to take care of its staff. C/Herrera said she shared C/Everett's concerns about the imbalance in the Lighting and Landscape Maintenance Districts. They have been out of balance for a number of years but that is not an issue that the Council can address today with adoption of the budget. The Council is obligated by law to adopt a balanced budget by July 1 and staff has presented that balanced budget to the Council for adoption. Regarding the imbalance in the Landscape Districts it will take Council direction to staff which has not been placed on the agenda for discussion about whether the Council will direct staff to reduce expenditures for each of the Districts so that they are balanced or, hold an election to raise the amount collected from the residents so that it is balanced. However, that is not something that can be de'cided'right here and now. She appreciates staffs hard work in bringing the Council a balanced budget and the City is living within its means. Not every City can boast that because there are many cities that are running several millions of dollars of deficit and are forced to make severe cuts in their programs. D.B. is not in that situation because the City is very careful and prudent with its expenditures. With respect to the dog park, C/Herrera has served on the Council longer than any current Council Member and there have been residents coming forward on a regular basis for a great number of years asking please, we know you are working on the Parks Master Plan and please include a dog park. As previously stated a dog park was a component within the Parks Master Plan and things come up opportunities become available and materialize. There is a portion of land that without a great deal of investment and expenditure the City is able to turn into a dog park for the benefit of the residents. The City Council has not adopted the Parks Master Plan yet. It has been working on for a number of years but it has not yet reached the City Council for adoption. That does not make funding the dog park a bad or wrong thing because the opportunity and the ability have come about for the City to move forward. Again, it is something that residents have asked to have for a number of years. JUNE 7, 2011 PAGE 18 CITY COUNCIL MPT/Chang thanked staff for a great budget. With respect to the dog park she agrees with M/Tye. She served on the Parks and Recreation Commission during a time when the Parks Master Plan was being considered and a dog park is a component of the plan. She agrees that the components will not necessarily happen in the order of ranking and it is her understanding that the number one wish was a sports park. Given the lack of space for a sports park the premise of constructing the wish list in ranking order would assure that components 2 through 10 would never be accomplished. She also agreed that a dog park is low hanging fruit in terms of the cost of a dog park and the number of residents that would take advantage of it. To her, it is a win-win for all. Also, the City is not lacking in terms of sports and recreation for any other categories except for dog owners and their pets and as she has previously stated, it is a multi-generational use opportunity. C/Everett said he was not in it for forced ranking, he was in it for due-process and thinks what has been said is pretty true but low hanging fruit without looking at the whole plan in his opinion lacks vetting. D.B. is short on general park use areas. He thought there had been requests for picnic uses and overnight camping and the dog park location looks like a natural spot for those activities. The trails system that emerges out of that area is probably the best in the City. He is also concerned about the statements by Inland Valley Humane Society which points out potential increase in canine disease, potential increase in aggressive dogs, increase of calls to the Sheriffs Department and cautions from JPIA about setting up a dog park. He thinks there are enough questions that need input or the opportunity for input. It may go as intended but he does not believe in setting up a budget unless it will be done and that is his reason for feeling unsettled and unable to support that in the current budget. The Council has until June 30 to adopt a budget and may have another chance to take some cuts at being realistic and living within our means in the Lighting and Landscape Districts 39 and 41. M/Tye pointed out that the Contract Cities under which D.B. works well for the City. He looks at what this staff does — best staff, bar none. When he was studying to get his degree in Public Administration some 30 years ago a lot of public entities would fill positions just to keep them. It was very important to spend the budget at the end of the year so that they could get an increase the next year so that they could add to the staff. D.B. does not do that. The City has frozen four positions, it saves money where it can, the City will actually add $200,000 to its reserves and by the end of the fiscal year perhaps more like $500,000. The Contract Cities has made it possible for D.B. to get a "holiday" from the liability trust I JUNE 7, 2011 PAGE 19 CITY COUNCIL fund that will save the City $200,000 and again, as C/Herrera stated, the community next door to D.B. that loves to follow this City's model is cutting their Concerts in the Park, their very popular parade, and stipends for Commissioners because they feel they have no choice. D.B. has choices. D.B. has a surplus. D.B. manages its surplus well. This will be the 23d balanced budget in a row. He is encouraged by staffs work and the budget they have laid before the Council and very proud of all of the staff and the job that they do. C/Tanaka asked if passage of the budget required completion of the dog park. CM/DeStefano reiterated that the budget allocates a resource for the construction of the dog park. The City Council will have a variety of decisions that will need to be made going forward which will give the Council an opportunity to decide whether or not it wishes to construct the dog park. Based on prior Council discussion and action in study sessions, the matter was placed within the budget and in fact, the Parks and Recreation Commission added it to their recommendation for their Parks Master Plan which will come to the Council within the next few months. C/Herrera moved, C/Tanaka seconded, to Adopt Resolution No. 2011-22. Motion carried 4-1 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS:Everett ABSENT: COUNCIL MEMBERS:None b) ADOPT RESOLUTION NO. 2011-23: SETTING PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FY 2011-12 IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE. IFD/Steinbrink presented staffs report. Each year the Council is required to set the Gann limit. This matter has absolutely no fiscal impact on the City whatsoever because the limit is set at $34 million which provides a ceiling for the proceeds of taxes and appropriations against those proceeds of taxes. The - City's proceeds of taxes and appropriations, therefore, are less than 50 percent of that limit. C/Herrera moved, C/Evereft seconded, to Adopt Resolution No. 2011-23. Motion carried by the following Roll Call vote: JUNE 7, 2011 PAGE 20 CITY COUNCIL AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None c) ADOPT RESOLUTION NO. 2011-24: ADOPTING THE STATEMENT OF INVESTMENT FOR FISCAL YEAR 2011-12. IFD/Steinbrink stated that City policy requires that the City adopt an investment policy each year regardless of whether there are any changes in the policy. There are no changes in the investment policy this year from 2011. All of the investments made by the City are in accordance with Government Code § 53601 are allowable and therefore, no changes are necessary at this time. C/Everett moved, C/Tanaka seconded to Adopt Resolution No. 2011-24. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None d) ADOPT RESOLUTION NO. 2011-25: AMENDING RESOLUTION NO. 2010-13 ESTABLISHING SALARY GRADES AND FRINGE BENEFITS FOR ALL CLASSIFICATIONS OF EMPLOYMENT EFFECTIVE JULY 1, 2011. CM/DeStefano stated that this is a request by his office to establish a new compensation plan incorporating salary ranges and fringe benefits for all classifications of employment effective July 1, 2011 and amending Resolution 2010-13 for this purpose as outlined in staff s report. C/Herrera moved, C/Tanaka seconded, to Adopt Resolution No. 2011-25 as corrected. Motion carried 4-1 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, M/Tye NOES: COUNCIL MEMBERS: MPT/Chang ABSENT: COUNCIL MEMBERS: None e) ADOPT RESOLUTION 2011-26: APPROVING AND ADOPTING A FUND BALANCE POLICY AND AUTHORIZING THE CITY MANAGER AND/OR FINANCE DIRECTOR TO ASSIGN FUND BALANCE TO A SPECIFIC PURPOSE IN RELATION TO JUNE 7, 2011 PAGE 21 CITY COUNCIL THIS FUND BALANCE POLICY. CM/DeStefano explained that adoption of this resolution creates a fund balance policy for the City being established in the current fiscal year and being carried over to subsequent years. IFD/Steinbrink stated that this item is required by Governmental Accounting Standards Board Statement No. 54 to comply with generally accepted account principles. It has been approved by the CPA firm hired to audit the City. It requires that the City Council formally commit a portion of the General Fund Reserves for emergency contingencies. For example, such as in the case of a natural disaster such as an earthquake, there will likely not be any State, Federal or County agencies that will immediately step in to assist the City financially, so it is prudent to keep two to three months of General Fund expenditures in a reserve account set aside for emergencies, which is why the policy is being set at three months of General Fund expenditures which equates to $4.5 million. This can-be changed at any time by a vote of at least 3 members of the City Council. The only thing that it requires is that if the total reserves in the General Fund should ever fall below the $4.5 million the Council has to take measures to reduce expenditures to maintain the reserves at no less than the $4.5 million. C/Evereft moved, C/Herrera seconded, to Adopt Resolution 2011- 26. 011-26. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: . COUNCIL MEMBERS: None 8.2 APPROVE APPOINTMENT TO THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY ADVISORY COMMITTEE. M/Tye recommended that David DeMers be appointed to the Wildlife Corridor Conservation Authority Advisory Committee. David serves as the Deputy Director of the San Gabriel Valley Conservation Corp and is interested in serving on the Advisory Committee. M/Tye moved, C/Herrera seconded, to approve the appointment of David DeMers to the Wildlife Corridor Conservation Authority Advisory Committee. Motion carried by the following Roll Call vote: JUNE 7, 2011 PAGE 22 CITY COUNCIL AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: C/Tanaka reported on his attendance at the following meetings and events: the Pomona Unified School District's Community Service Awards; the YWCA Women of Achievement Awards and congratulated Marny ,Shay on her award; DRHS Musical Performance and Dinner at the Fox Theatre in Pomona; DBHS All Schools Award Night; Quail Summit Elementary School 5th Grade Promotion; DBHS Graduation Ceremonies for the Class (814 students) of 2011; Pante'ra Elementary School Open House and Fundraiser. He thanked Darren Fishell and Diamond Bar Patch for providing electronic news to the City of D.B. He asked staff to investigate establishing an historical ordinance for the City. He wished his Wife Wanda a Happy 39th Wedding Anniversary. C/Evereft congratulated Mr. DeMers and spoke about attending the YWCA Women of Achievement and applauded Executive Director Dr. Lisa Brabo. He then announced that the Emergency Preparedness program that was held at the Diamond Bar Center will be rebroadcast on the City's website and DBTV Channel 3. He also attended the Los Angeles County Peace Officer's Memorial and the 18th Annual Chinese-American Abacus Association event. C/Herrera thanked staff for their outstanding work and prudent planning in putting together yet another balanced budget.:, She thanked LA County Supervisor Knabe for his 45th Annual Older Americans Recognition Ceremony where he recognized three D.B. residents Jack Shah (Sunshine Seniors), Gloria Verrengia, (D.B. Seniors) and Irene Ng (Evergreen Seniors). MPT/Chang asked residents to follow her on Facebook and Twitter. She and CM/DeStefano were at the ICFC to meet with various retailers in an attempt to attract them to bring their businesses to D.B. She attended the Emergency Preparedness Seminar. She and C/Everett held Economic subcommittee and Neighborhood Improvement subcommittee meetings and spent several hours discussing many issues. The Council will be provided an update on the sessions at a later date. MPT/Chang spoke about the City's zip code dilemma and thanked Congressman Miller, the postal service and others for facilitating the discussions that led to a possible solution. In February the City received a letter from USPS stating that its request to conduct a study for a zip code specific to D.B. was denied; however, when Council Members and staff met with USPS in JUNE 7, 2011 PAGE 23 CITY COUNCIL March they were able to schedule conference calls during which a new study was conducted. As a result, the next steps are that the affected residents will be asked to vote on the new zip code issue and the process should be resolved and completed by July 2012. Updates will be provided as they become available. M/Tye thanked MPT/Chang for filling in as Acting Mayor during the previous Council Meeting in his absence. He thanked staff again for their efforts to provide the Council with the necessary guidance to make sure that the City is spending prudently and that it has the resources needed to provide the programs it can. He is very grateful that the City has another balanced budget. He congratulated Jessie Lau and her recognition for her work on behalf of the Vector Control District. The City is very proud of Jessie. He attended the retirement ceremony for Dr. John Nixon, President and CEO of Mt. SAC, concluding a 35-year career in education. He talked about watching the Scripps National Spelling Bee. Tim Quo was the representative for the Inland Valley Spelling Bee sponsored by the Diamond Bar Friends of the Library. Ralphs will close the first or second week of August. He receives a lot of calls about that issue and he wants residents to know that staff and the Council Members are working very, very hard to get a tenant for that site working with and supporting the Property Management's efforts as well. Council hopes to have a positive announcement about this matter over the next couple of months. ADJOURNMENT: With no further business to conduct, M/Tye recessed the Regular City Council meeting at 8:55 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this _ day of 2011. STEVE TYE, MAYOR Agenda No. 6 . 2 (a) CITY OF DIAMOND BAR MINUTES OF THE PARKS& RECREATION COMMISSION STUDY SESSION CONFERENCE ROOM B — CITY HALL 21825 COPLEY DRIVE, DIAMOND BAR, CA 91765 APRIL 14, 2011 STUDY SESSION: 5:00 p.m. ROLL CALL: Present: Commissioners Dave Grundy, Ted Owens, Vice Chairman Lew Herndon and Chairman Dave Roberto. Absent: Commissioner Benny Liang Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent. PRESENTATION OF NEW CITY HALL PLANS - CM/DeStefano and ACM/Doyle CM/DeStefano provided the. Commissioners with background information on how the City came to.purchase the New City Hall. ACM/Doyle, New City Hall Project Manager, provided the interior layout and exterior use details of the New City Hall structure. Chair/Roberto asked about Council Chambers and ACM/Doyle and CM/DeStefano reiterated that Council will continue to meet at the AQMD for the foreseeable future. .C/Herndon asked if this was coming in at the original budget amount and CM/DeStefano responded that initially, the City was looking at a budget of about $2 million in late 2009/early 2010. The current budget is at about $3.5 million because staff found there were many things that were unknown during the negotiation period that needed to be done to make the space properly designed and useful including the sprinkler system and lighting. ACM/Doyle stated that initially, the budget was for redoing one floor and the current budget includes,one floor and a quarter of another floor. The original costper square foot was quoted at $20 per square foot and staff doubled that to $40 and now the cost per square foot is closer to $70-$80. PRESENTATION OF .UPDATED DRAFT PARKS MASTER PLAN Ron Hagan and ' Jeff Scott and Monika Robinson,TKE,Engineering. C/Herndon said that with :the relocation of the library, he. heard comments about the accessibility to seniors because of.public transportation and wondered if any of that had been taken into consideration. CM/DeStefano said access will be improved at the new . APRIL 14, 2011 PAGE 2 P&R COMMISSION library location because there is no bus service on Grand Avenue in front of the current library. The new location is on a regular bus route which will make it more accessible for the kids as well. CSD/Rose explained the current City bus route. After explaining the details of the updated draft plan, Mr. Hagan stated the short-term needs: trail improvements for hiking and exercise, sports field improvements and concessions, lights and restrooms for sports groups, and tot lot improvements to neighborhood parks, particularly the ADA improvements. The long-term need for parks includes: Additional space needs for recreational programming for senior, youth and teen fee-based classes; community meeting rooms, sports gym, fitness and computer classes for the community center, additional lighted baseball, soccer, multi-purpose fields, completion of the trails in the Trails Master Plan, additional picnic facilities, walkways and open space, trail connectors, hardscape sidewalks into the trail system, possible future park acquisitions to preserve open space and park security measures. The short-term trail needs include: trail improvements for Peterson Park Trail, Pantera Park Trail, Sycamore Canyon Trail and the Summitridge Trail system. In the long term, the City should try to go after funding for the view point areas, trailhead improvements with signage, habitat restoration along the trails, shade shelters for the view point areas, connections to the urban walkways and public trail maps (extremely. popular). CSD/Rose stated that staff was notified by the State yesterday that D.B. was awarded a grant from the Prop 84 grant funds in the amount of $61,000 to install interpretive. panels along the trails in Sycamore Canyon Park and on the Summitridge Trail. The cost of total improvements for this project is $87,000. Mr. Hagan continued explaining about future connections to regional trails and trail standards (how the steps should be built, signage, benches, shelters, etc.) With respect to sports field needs: Peterson Park - infield upgrades, new restrooms and concession stands; Sycamore Canyon Park — new sports field lighting and lighted batting cages; Pantera Park— upgrade concession stand and improve infields; Diamond Ranch High School — new restroom and light the existing batting cages. C/Owens asked about funding for school district sites. Mr. Hagan responded that it has been a year and a lot of the economics throughout the state have changed and school districts are feeling the pinch. However, at the time that he met with the districts, both were extremely supportive of joint-use and joint development agreements. At that time, the voters had just approved the School Improvement Bond Act so they felt they would have, matching money which has most likely gone by the wayside due to the budget cuts. From a policy standpoint, things have not changed. CSD/Rose stated that staff met with Pomona officials and as some may know, there has been an almost complete turnover of people involved in the administration. The meeting was very informative for them about how the current Joint Use Agreement with Lorbeer Middle School is written and the officials appeared to be very impressed about how the City works with the school district and maintains their campus facilities. This concept was shared with the current.officials and the intent would be to.do something similar with WVUSD; however, the City's priority would be to finish with Lorbeer firstand then move toward South Point Middle School. APRIL 14,2011 PAGE 3 P&R COMMISSION ADJOURNMENT: Study Session adjourned at 7:05 p.m. The foregoing minutes are hereby approved this day of 2011. Respectfully Submitted, 130b')" OS E , SECRETARY Attest: LL, V�V DAVE ROBERTO, CHAIRMAN Agenda No. 6 . 2 (b) CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION THE GOVERNMENT CENTER HEARING BOARD ROOM DIAMOND BAR, CA 91765 ,APRIL 28, 2011 CALL TO ORDER: Chairman Roberto called the Parks and Recreation Commission meeting to order at 7:01 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Owens led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Benny Liang, Ted Owens, Vice Chairman Lew Herndon and Chairman Dave Roberto: Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Crystal knox, Community Services Coordinator; Allison Meyers, Community Services 1, Coordinator; and,, Marcy Hilaro, Senior Administrative Assistant. DB4YOUTH RECOGNITION OF OUTGOING/INCOMING BOARD MEMBERS - Alison Meyers MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As presented in the agenda: 1. CONSENT CALENDAR: 1.1 Approval of Minutes for the Regular Meeting of March 24, 2011. VC/Herndon moved, C/Owens seconded, to approve the March 24, 2011 minutes as presented. Without objection, the motion was so ordered 2. INFORMATIONAL ITEMS 2.1 Recreation Program Update — RS/Murphy 2.1.1 PowerPoint presentation on DBC Specialists and Security, - CSC/Knox APRIL 28, 2011 PAGE 2 P&R COMMISSION C/Owens asked about what other cities the Volunteens come from. RS/Murphy responded that one was from Walnut and two from Chino Hills. VC/Herndon asked what the City does when they turn down applicants. CSC/Meyers responded that primarily, the City sends them an e-mail indicating they were not accepted and suggest they apply in their own cities. Subsequently, staff sends them a follow-up letter explaining that the program is limited to D.B. residents. Chair/Roberto asked if the cost of security services was passed on to the renters. CSC/Knox responded yes. The per-hour cost is $15.90. and they are required to be present one-half hour prior to alcohol service through the end of the clean-up. If there is no alcohol service, they are required to be present one-half hour before the event starts. VC/Herndon asked how long the new security company had been with the City. CSC/Knox responded since August 2010. VC/Herndon asked what the. City did prior to that. CSD/Knox stated that the City contracted with a different company; however, staff was not pleased with their service. Therefore, an RFP was sent out and calls were made to other cities and . hotels to inqui"re about their policies and recommendations were requested. C/Owens asked if there had been any incidents since the new contractor` came on board. CSC/Knox responded that nothing significant has occurred. The service has been great: CSD/Rose shared that the specialists handle thousands of details that make it possible to operate the facilityin an efficient and effective way. The security company is a partner in the operation and it was at CSC/Knox's suggestion that the City seek a different company to better partner with. It has turned out to be a great relationship and has improved the operation of the Center tremendously. He thanked CSC/Knox for her work and acknowledged the level of detailed effort by the specialists. On another note, CSD/Rose reported that it appears that'the older age basketball division will be included in next year's program. 2.2 Parks Report- PMS/Jordan 2.2.1 Power Point Presentation on Park Walk-through — Paul C. Grow Park— PMS/Jordan. VC/Herndon asked .what the policies are on batting cages. PMS/Jordan responded that he believed the batting cages were open during.the regular park hours. If there.is a permitted user on the softball field, that user has, priority over use of the batting cages.. VC/Herndon said he was told they were locked during park hours and wondered if the policy,had :changed for the pitching machines. PMS/Jordan said the machinesare housed in separate APRIL 28, 2011 PAGE 3 P&R COMMISSION ' storage enclosures which are locked and not accessible to the public. The batting cages are not locked. CSD/Rose agreed that the batting cages are not supposed to be locked. VC/Herndon asked if staff could follow up on the matter. PMS/Jordan added the only exception might be during periods of renovation when fields are closed. C/Owens shared that while he was at the senior's softball opening day ceremonies, he looked at the batting cage at Pantera and asked whether the primary use was softball or baseball CSD/Rose replied that it is for both. C/Owens said he noticed the distance. between home plate and the batting cage does not meet the design for baseball and wondered if it was for softball only. He asked if there had.been complaints about the lighting and CSD/Rose.said there had been some concerns that the lighting from the ball field was not bright enough and it is listed for future improvement. Chair/Roberto asked if the pitching machines were accessible to the public or just for organizations. CSD/Rose responded just to organizations. 2.3 Report on Diamond.Bar Community Foundation Activities CSC/Meyers VC/Herndon stated that at one time he was aware that a fund was established for:a Bob Zirbes sports complex. He wondered_if.funds were sitting, "had been added to or expended. CSC/Meyers responded the funds are available; however, nothing has been done with those funds as of this date: .She said she was not sure of.the amount but the Foundation intends to have that money go toward a sports complex in D.B., if feasible. VC/Herndon asked if there was. any movement to expand that effort. During the Commission's study session, he brought up that the Friends of the Library had made significant contributions toward getting a libraryand wondered if a group could be formed that would"aggressively and actively. raise funds for a sports complex. He asked if there had been any discussion of that nature within the organization. CSC/Meyers said,she did not want to speak out of turn. but understood the intent of the Foundation is for the money they have to go toward a sports.,comp lex. At this time, there its no committee promoting fundraising because.there,are no plans and no location for a sports complex in the City. Until there is an opportunity and someone is 'appointed to the board or presents to. the board.what could happen, it is unlikely there will be any movement in that direction.: VC/Herndon stated that in the Master Plan, there :are field improvements and other things that would really benefit the community and possibly when the plan is released; it might give, the Foundation an opportunity to "pursue some of: those. things. CSC/Meyers .said the Foundation may be open to that and may be looking for more community members to 'come on , board to pursuew. Supporting a .sports complex Therefore; there would need to be a. subcommittee appointed;- with a specific goal toward making that happen. APRIL 28, 2011 PAGE 4 P&R COMMISSION 2.4 Status of CIP Projects — CSD/Rose 2.4.1. Washington Street Mini-Park — The consultant has not returned the corrected plans yet. 2.4.2 Sycamore Canyon Park Trail — Phase IV — All of the reports are in and the plan check is in. Staff has one question to the geotechnical engineer regarding, backfill requirements behind the required wall. Once staff has a response, this matter will go out to bid. 2.4.3 Silver Tip Mini-Park - For the most part, the plan check has been completed. Thee is a drainage issue that the City's Public Works Department is working with the civil engineer to resolve. The resolution will likely cost about three times the cost of the drainage system.; ,therefore, once that is settled, the .plans will be updated with the correct information and the project will go out to bid. 2.4.4 Larkstone Park -, This park is still a part of the plan check for the housing development. The grading plan for the entire development is being reviewed and the Larkstone Park component will not be approved until the entire grading plan is approved. C/Owens asked when construction will begin on Washington Street Mini Park. CSD/Rose responded that staff expects to begin construction just after the first of July. C/Owens asked the projected budget.for the project and CSD/Rose responded that it is about $500,000. We applied for a grant for roughly $250,000: 2.4.5. Dog Park at Pantera Park (Meadow Location) - On April 21, the City Council approved a dog park for Pantera Park meadow. CSD/Rose provided details about the layout of the area using an overhead map. The Draft Parks Master Plan refers to this area as the Wildlife Meadow. The parcel is 1.35 acres and a portion of the area will be a small dog park with a larger area set for a large dog park. Additionally, another area is designed to be a DG (Decomposed Granite) pathway. The park will have a six foot high fence and double entry gates. The DG path will go to the trail The civil engineer suggested that the DG path actually be a concrete path at the corner where. the path meets the small dog park because the drainage pattern at that location would likely wash out a DG path. 'Once the final budget item is approved, the.project will move forward. C/Owens asked .what kind of feedback staff received from the. school 'district and residents. in the area. CSD/Rose stated the school,district has no issue with a dog ,park across the street. The residents have,not provided input. C/Owens asked if the residents had been notified and CSD/Rose responded no. APRIL 28, 2011 PAGE 5 P&R COMMISSION .VC/Herndon asked how the residents would be notified because this seems to be on a fast track. CSD/Rose said he believed notification would be done as part of the CEQA process. Each time there has been a development near a neighborhood, the Planning Department has stationed a 4x8 foot sign at the location as part of the notification process. VC/Herndon asked if there was any discussion about raising licensing fees for pets to cover the cost of the dog park and CSD/Rose responded no. CSD/Rose concluded by stating the goal is to have the Dog Park completed by fall 2011 and the funds would be included in the 2011-12 FY budget. 3. OLD BUSINESS: 3.1 Parks MasterPlan CSD/Rose announced that the Parks Master Plan is before the Commission tonight for its review and possible recommendation for. City Council adoption. There is also a recommendation for the Parks and Recreation Commission to establish a subcommittee to study options for the implementation of the plan. He talked about the revisions and updates contained in staffs report. Ron 'Hagan, TKE, elaborated on the updated Parks Master Plana He pointed out that the City put the Master Plan on hold while working with - another consultant to look at the feasibility of establishing Facilities Development Districts and possible financing mechanisms ..as well as, possible voter approval mechanisms .in :order to fund the Parks Master Plan implementation. One concern of the City's` administration'is that once this plan is approved by,the ICity Council and becomes a public document, it Aends to build` expectations for what is going to be done. Some cities have gotten into political issues with adopting master plans with specific recommendations for every park and when unable to fund all of : those recommendations, were faced with:' the political outfall. Therefore, the City wanted this to be a truly "planning" document and the City's administration wanted ,to make sure that the priorities were,listed (Table 7.1) and would be the priorities to implement. once funding becomes available. The City has ongoing ,monies that come in from the General Fund, Parks Fund, and .`different. per=capita grants, etc: Therefore, as funds.come in, that is the guideline for updating the. annual Capital Improvement Program (CIP). However, the list'of recommended priority improvements is not all.of the site, improvements that are needed at'each of the sites. As a result, TKE came up with:a format to show what the site analysis and recommentlations' should be and what future. site; recommendations should be in total per site:.'Each site, whether a park site, a school site, a`joint-use opportunity site, a future acquisition site; a trail site, is in the same format of.three pages: Page 1) shows the existing . amenities;.Page 2) site analysis, and Page 3) all site recommendations for . APRIL 28, 2011 PAGE 6 P&R COMMISSION the future. He elaborated on some of the site recommendations and referred the Commissioners to the disc provided this evening: f` Chair/Roberto said he would like to have a study session so that the l Commission could go through questions on changes that have taken place on the Master Plan, Mr. Hagan,agreed and said he was available on May 12 at 5:00 p.m. The Commissioners concurred to schedule a May 12; 2011 Study Session to commence at 5:00 p.m. at City Hall. Commissioners agreed. that they would like a summary of proposed changes. Commissioners agreed to email small corrections or changes to CSD/Rose. prior to the May 12 Study Session. Discussion ensued about the format, changes and other related matters. 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Owens talked about the senior softball opening day and the Easter.Egg Hunt. VC/Herndon said that his springtime hours were spent coaching and he had little time to attend City events'. He was pleased that the City decided . to move forward with the Parks Master Plan. A lot of.work has gone into the document and he felt it would be very helpful and meaningful especially if the residents will get behind fundraising efforts to make things happen. Thanks to staff for the great job. C/Liang thanked staff for all of its hard work. He has first-hand experience with the Diamond Bar Center and.has always had great customer service from staff.. C/Grundy said he was.not able to make it to the Easter Egg Hunt but he has visited several parks and everything looks very green. Overall; it seems like things are going very well with the: parks and thanked .PMS/Jordan for a great job. Chair/Roberto thanked staff for tonight's reports. He was not .involved in the Parks Master Plan process;, however,. he acknowledged that a lot of work has gone into the document. and more will be done before it gets recommended 'for adoption- by the City Council. He attended the City Birthday Party :and heard there were power problems. He also received:suggestions about having a beer boothat future events. 'He attended the City Council.Study Session during,which the Dog Park was discussed. He also attended the DB4Youth meeting the previous night.. CSD/Rose explained that during the City Birthday Party, the fuel filter split open on the generator being used by the carnival provider: When the fuel filter split, diesel be leaking from the generator and they were forced to shut down the APRIL 28,2011 PAGE 7 P&R COMMISSION generator. The only remedy was to drive to the city of Brea to buy a new fuel filter and make the ;exchange. As a result, the rides were not operating for about an hour and 15 minutes. Refunds were given to individuals who chose not to wait .until the repairs were made. In addition, 'no tickets were sold during the down time and when the repairs were made and ticket sales went forward, there was only about an hour and 15 minutes left in the day. Therefore, tickets were sold for $5. The vendor provided the City with I a pro-rated cost for the carnival rides. The provider said it was a first for them and the City has not experienced this type of problem with any of its generators. Obviously, this happened at a very inopportune time, but could not be avoided. ADJOURNMENT: C/Grundy moved, VC/Herndon seconded, to adjourn the meeting. With no further business before the Parks & Recreation Commission, Chair/Roberto adjourned the meeting at 8:47 p.m. The foregoing minutes are hereby approved this ol-u day of HAY , 2011. Respectfully Submitted; B S , 8tCRETARY Attest: i DAVE ROBERTO, CHAIRMAN Agenda # 6 .3 Meeting Date: June 21, 2011 CIT F CITY COUNCIL �. AGENDA REPORT .� rv� RPOR;iS�'1� rte $�J TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana TITLE: Ratification of Check Registe"datedJune , 2011 through June 15, 2011 totaling $ 454,151.13. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of$ 454,151.13 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 June 2, 2011 through June 15, 2011 for $ 454,151.13 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. J�ayments 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: David Doyle Assistant City Manager REVIEW D Y: AsslsYankaitger Attachments: Affidavit and Check Register— 6/2/11 through 6/15/11. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings Ofdemands, invoices, and claims iOthe form Of8check register ' including checks dated jUOe 2. 2011 through jUO8 15. 2011 has been audited and is certified as 8CCU[@t8. P@VDO8OtS have been allowed from the following funds in fh888 8DlOUOtS: Description Amount General Fund $361,172.31 Com OrgSupport Fund 150.00 PropA--[reneitFund 6.056.87 Prop C'Transit Tax Fund 7.087.41 Integrated Waste Mgt Fund 6,934.15 Com OaxBlock Grant Fund 34.84942 CALaw EnfEquipment Fund 284.00 LLAO38Fund 12.202.08 LL&O3QFund 11.887.76 LLAO41 Fund 4.362.17 Capital Imp Projects Fund 8.054.95 Signed: [)@Vid [}nvke Assistant City Manager City of Diamond Bar - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/9/2011 11-PP 12 PAYROLLTRANSFER P/R TRANSFER-1 1/PP 12 001 10200 152,946.45 $171,467.04 6/9/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 12 112 10200 5,531.27 6/9/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 12 113 10200 6,202.41 6/9/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 12 115 10200 5,950.49 6/9/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 12 125 10200 836.42 6/2/2011 1 94499 AARP MATURE DRIVING CLASS 0015350 1 45300 1 100.00 $100.00 6/2/2011 94500 ARROWHEAD EQ RENTAL-DBC 0015333 1 42130 12.06 $54.80 6/2/2011 JARROWHEAD WATER SUPPLIES-DBC 0015333 41200 42.741 1 6/2/2011 1 94501 JAEP WORKSHOPS MEMBERSHIP DUES-FY 2011 0015210 1 42315 1 140.00 $140.00 6/2/2011 1 94502 IAT&T PH.SVCS-GENERAL 0014090 1 42125 1 43.83 $43.83 6/2/2011 94503 AT&T MOBILITY CELL CHRGS-CMGR 0014030 42125 53.09 $75.01 6/212011 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 10.96 6/2/2011 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 10.96 6/2/2011 94504 BONTERRA CONSULTING INC. ADMIN FEE-FPL 02-09 001 23010 24.93 $1,385.10 6/2/2011 BONTERRA CONSULTING INC. ADMIN FEE-FPL 02-09 001 34430 -24.93 6/2/2011 BONTERRA CONSULTING INC. PROF.SVCS-FPL 02-09 001 23010 1,385.10 6/2/2011 1 94505 ICA ASSOCIATION OF CODE ENFRMNT OFFC TRNG-E FLACKS 0015230 1 42340 65.00 $130.00 6/2/2011 CA ASSOCIATION OF CODE ENFRMNT OFFC TRNG-FREIHOLTZ 0015230 42340 65.00 6/212011 1 94506 TYRA CABALLERO FACILITY REFUND-PETERSON 001 23002 1 50.00 $50.00 6/2/2011 1 94507 CALPELRA IMEMBERSHIP DUES-CROSS 0014060 1 42315 1 350.001 $350.00 6/2/2011 1 94508 KEITH CHOW FACILITY REFUND-HERITAGE 1 001 1 23002 1 200.00 $200.00 6/2/2011 1 94509 CPRS DISTRICT 13 TRNG-REC STAFF 6/11 0015350 1 42340 1 150.001 $150.00 6/2/2011 1 94510 VICTORIA CROSS REIMB-JPIA MTG 1 0014060 1 42330 1 12.001 $12.00 Page 1 City of Diamond Bar e Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/2/2011 94511 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-EN 10-698 001 23012 404.23 $533.72 6/2/2011 DAVID EVANS AND ASSOCIATES INC ADMIN FEE-EN 10-698 001 23012 72.76 6/2/2011 DAVID EVANS AND ASSOCIATES INC ADMIN FEE-EN 10-698 001 34650 -72.76 6/2/2011 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2005-166 001 23010 8.49 6/2/2011 DAVID EVANS AND ASSOCIATES INC ADMIN FEE-FPL 2005-166 001 23010 1.53 6/2/2011 DAVID EVANS AND ASSOCIATES INC ADMIN FEE-FPL 2005-166 001 34430 -1.53 6/2/2011 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2009-377 001 23010 121.00 6/2/2011 DAVID EVANS AND ASSOCIATES INC ADMIN FEE-FPL 2009-377 001 23010 21.78 6/2/2011 DAVID EVANS AND ASSOCIATES INC ADMIN FEE-FPL 2009-377 001 34430 -21.78 6/2/2011 1 94512 JDAY&NITE COPY CENTER PRINT SVCS-CITY CLERK 1001 36650 1 49.39 $49.39 6/2/2011 94513 1 ERICK DE LA ROSA IFACILITY REFUND-SYC CYN 001 1 23002 1 50.001 $50.00 6/2/2011 1 94514 IDELTA DENTAL IJUNE 2011-DENTAL PREMIUMS 001 1 21104 1 3,583.271 $3,583.27 6/2/2011 1 94515 IDIANA CHO&ASSOCIATES 1CONSULTANTS SVCS-CDBG 1 1255215 1 44000 1 1,440.00 $1,440.00 6/2/2011 94516 EVERGREEN COMMUNITY CLUB FACILITY REFUND-HERITAGE 001 23002 200.00 $200.00 6/2/2011 94517 EVERGREEN INTERIORS REPLANT-LIBRARY MAY 11 0014090 42210 100.00 $437.00 6/2/2011 EVERGREEN INTERIORS PLANT MAINT-CITY HALL 0014090 42210 230.00 6/2/2011 EVERGREEN INTERIORS PLANT MAINT-LIBRARY 0014090 42210 107.00 6/2/2011 1 94518 FEDEX EXPRESS MAIL-GENERAL 1 0014090 1 42120 1 219.51 $219.51 6/2/2011 1 94519 DAVID FERNANDEZ CONTRACT CLASS-SPRING 0015350 1 45320 1 720.001 $720.00 6/2/2011 1 94520 MYRA GALAVIZ FACILITY REFUND-HERITAGE 1 001 1 23002 1 252.54 $252.54 6/2/2011 94521 SOLENA HALABI FACILITY REFUND-REAGAN 001 23002 50.00 $50.00 6/2/2011 1 94522 IHALL&FOREMAN,INC. JENG SVCS-COMM EASEMENT 1 1135553 1 46412 885.00 $885.00 6/2/2011 1 94523 EMY HUI IFACILITY REFUND-DBC 1 001 1 23002 1 100.00 $100.00 Page 2 City of Diamond Bar - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/2/2011 94524 INLAND EMPIRE STAGES EXCURSION-TRANSPORTATION 1125350 45310 525.60 $2,928.00 6/2/2011 INLAND EMPIRE STAGES SR EXCURSION-ESCONDIDO 0015350 45310 2,402.40 6/2/2011 1 94525 IKEITH JOHNSON ENTERTAINMENT-SR DANCE 0015350 1 45300 1 350.001 $350.00 6/2/2011 1 94526 ICONNIE KHU IFACILITY REFUND-PANTERA 1001 1 23002 1 50.001 $50.00 6/2/2011 1 94527 ILEARNING RESOURCES NETWORK IMEMBERSHIP DUES-REC STAFF 0015350 1 42315 1 395.001 $395.00 6/2/2011 1 94528 ILEWIS ENGRAVING INC. JENGRAVING SVCS-BADGES 0014090 142113 1 109.391 $109.39 6/2/2011 1 94529 ILIEBERT CASSIDY WHITMORE LEGAL SVCS-H/R 0014020 1 44020 1 36.001 $36.00 6/2/2011 1 94530 ILOCAL GOVERNMENT COMMISSION IMEMBERSHIP DUES-GUBMAN 0015210 1 42315 1 75.001 $75.00 6/2/2011 1 94531 ILOS ANGELES COUNTY SHERIFF'S DEPT. IPRISONER MAINT-JUL-SEPT 0014411 1 45401 1 81.341 $81.34 6/2/2011 1 94532 IMANAGED HEALTH NETWORK JUN 2011-EAP PREMIUMS 1 001 1 21115 1 157.301 $157.30 6/2/2011 1 94533 IMUNICIPAL COURT POMONA JUDICIAL DIS IPARKING CITE ADMIN-APR 11 1 32230 1 2,470.001 $2,470.00 6/2/2011 94534 OFFICEMAX INC SUPPLIES-CITY MANAGER 0014030 41200 141.21 $1,118.69 6/2/2011 OFFICEMAX INC SUPPLIES-CITY MANAGER 0014030 41200 13.33 6/2/2011 OFFICEMAX INC SUPPLIES-CITY MANAGER 0014030 41200 11.60 6/2/2011 OFFICEMAX INC SUPPLIES-CITY MANAGER 0014030 41200 25.92 6/2/2011 OFFICEMAX INC MEMO CREDIT-CITY MANAGER 0014030 41200 -60.27 6/2/2011 OFFICEMAX INC SUPPLIES-GENERAL 0014090 41200 203.26 6/2/2011 OFFICEMAX INC SUPPLIES-GENERAL 0014090 41200 244.79 6/2/2011 OFFICEMAX INC SUPPLIES-GENERAL 0014090 41200 22.97 6/2/2011 OFFICEMAX INC SUPPLIES-PLANNING 0015210 41200 72.69 6/2/2011 OFFICEMAX INC SUPPLIES-DBC 0015333 41200 355.57 6/2/2011 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 87.62 6/2/2011 1 94535 JPAETEC COMMUNICATIONS INC. ILONG DIST SVCS-MAY/JUN 0014090 1 42125 1 850.331 $850.33 6/2/2011 1 94536 JKRISTY PARENT! IFACILITY REFUND-PETERSON 1 001 1 23002 1 50.001 $50.00 Page 3 City of Diamond Bar - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 612/2011 1 94537 SAMUEL PEREZ FACILITY REFUND-DBC 001 36615 1 900.00 $900.00 6/2/2011 94538 PROTECTION DESIGN&CONSULTING CONSTRUCTION-FIRE SPRNKLR 0014093 1 45000 1 11,750.00 $21,150.00 6/2/2011 1PROTECTION DESIGN&CONSULTING CONSTRUCTION-FIRE SPRNKLR 0014093 45000 9,400.00 6/2/2011 1 94539 IFRANK RODRIGUEZ FACILITY REFUND-PANTERA 001 23002 1 50.001 $50.00 6/2/2011 94540 IKAREN RODRIGUEZ IFACILITY REFUND-HERITAGE 001 23002 1 50.001 $50.00 6/2/2011 94541 JULIA SERRATO FACILITY REFUND-PANTERA 001 23002 100.00 $135.00 6/2/2011 IJULIA SERRATO FACILITY REFUND-PANTERA 001 36625 35.00 6/2/2011 1 94542 JAMEESHA SHAH FACILITY REFUND-REAGAN 001 23002 1 50.001 $50.00 6/2/2011 1 94543 ISIMPSON ADVERTISING INC PROF.SVCS-SHOPPING CTR 1 0014096 1 44000 1 575.001 $575.00 6/2/2011 1 94544 JSJC 3 CONSULTING CONSULTANTS SVCS-HIP PROG 1255215 1 44000 1 1,912.50 $3,300.00 6/2/2011 SJC 3 CONSULTING CONSULTANTS SVCS-HIP PROG 1255215 44000 1,387.50 612/2011 94545 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 41 1415541 42126 218.30 $4,496.22 6/2/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-PARKS 0015340 42126 3,417.02 6/2/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 484.09 6/2/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 39 1395539 42126 376.81 6/2/2011 94546 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2011-424 001 23010 364.04 $721.18 6/2/2011 ITHE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2010-420 001 23010 357.14 6/2/2011 1 94547 TIME WARNER MODEM SVCS-COUNCIL 0014010 1 42130 1 50.99 $50.99 6/2/2011 1 94548 TIME WARNER IMODEM SVCS-HERITAGE 0015340 1 42126 1 116.01 $116.01 6/2/2011 1 94549 TRANSCORE LLC TRFFC MGMT SYS-FINAL PYMT 1 2505510 1 R46412 1 8,510.751 $8,510.75 6/2/2011 1 94550 TRENCH PLATE RENTAL CO EQ RENTAL-DBB/STEEP CYN 0015554 1 42130 1 122.25 $225.00 6/2/2011 TRENCH PLATE RENTAL CO 1EQ RENTAL-DBB/STEEP CYN 0015554 42130 102.75 Page 4 City of Diamond Bar - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/2/2011 94551 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SCREENING 0014060 42345 273.00 $273.00 6/2/2011 1 94552 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 1 42126 1 273.26 $365.27 6/2/2011 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 92.01 6/2/2011 94553 VERIZON WIRELESS PH.SVCS-CMGR 0014030 42125 104.34 $306.87 6/2/2011 VERIZON WIRELESS PH.SVCS-EOC 0014440 42125 57.66 6/2/2011 VERIZON WIRELESS PH.SVCS-EOC 0014090 42125 4.87 6/2/2011 VERIZON WIRELESS PH.SVCS-EOC 0014070 42125 4.87 6/2/2011 VERIZON WIRELESS PH.SVCS-DESFORGES 0014070 42125 45:11 6/2/2011 VERIZON WIRELESS PH.SVCS-AZIZ 0014070 42125 45.01 6/2/2011 VERIZON WIRELESS PH.SVCS-SASD MODEM 0014411 42125 45.01 6/2/2011 1 94554 JYI PING WANG IRECREATION REFUND 001 134780 1 82.00 $82.00 6/2/2011 1 94555 IYOUNG REMBRANDTS CORP CONTRACT CLASS-SPRING 1 0015350 1 45320 1 340.201 $340.20 6812011 94556 EMPLOYMENT DEVELOPMENT DEPARTMENT JUNEMPLYMNT CHRGS-1 ST QTR 1 0014090 1 40093 1 810.00 $810.00 6/9/2011 1 94557 JACCESS CONTROL SECURITY ISECURITY-DBC MAY 2011 1 0015333 1 45010 1 735.381 $735.38 6/9/2011 1 94558 JADVANTEC CONSULTING ENGINEERS INC ENG SVCS-SCH ZONE SIGNAGE 0015551 1 45222 1 1,100.001 $1,100.00 6/9/2011 1 94559 AMERITECH BUSINESS SYSTEMS INC COPIERMAINT-MAY 2011 0014090 42100 1 1,396.941 $1,396.94 6/9/2011 1 94560 ANTHONY SANTOS REIMB-MMASC 1 0014030 1 42330 1 101.001 $101.00 6/9/2011 1 94561 ARCHITERRA DESIGN GROUP INC ADA RETRO-FIT-MINI PARKS 2505310 I R46415 1 544.20 $544.20 6/9/2011 1 94562 BENESYST 6/10/11-P/R DEDUCTIONS 001 21105 1 699.76 $799.76 6/9/2011 1 BENESYST FLEX ADMIN SVCS-2ND QTR 0014060 1 42346 100.00 6/9/2011 1 94563 IJESSICA BRAUN ICONTRACT CLASS-SPRING 0015350 1 45320 1 546.00 $546.00 6/9/2011 1 94564 KATHY BREAUX ICONTRACT CLASS-SPRING 0015350 1 45320 1 288.001 $288.00 Page 5 City of Diamond Bar - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/9/2011 94565 BROOKFIELD DIAMOND BAR VILLAGE REFUND-EN 05-471 001 23012 1 3,332.47 $3,332.47 6/9/2011 1 94566 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES-DBC 1 0015333 1 41200 1 356.031 $356.03 6/9/2011 94567 CANNING HUNGER INC REFUND-EN 00-300 001 23012 175.00 $175.00 6/9/2011 CANNING HUNGER INC ADMIN FEE-00-300 001 23012 935.00 6/9/2011 CANNING HUNGER INC ADMIN FEE-00-300 001 34650 -935.00 6/9/2011 1 94568 ITED A CARRERA IT&T COMM-5/12 10015510 1 44100 1 45.00 $45.00 6/9/2011 1 94569 CHARTER OAK GYMNASTICS,INC. CONTRACT CLASS-SPRING 10015350 1 45320 1 120.96 $120.96 6/9/2011 1 94570 IJEFF CHE IRECREATION REFUND 1 001 1 34760 1 255.001 $255.00 6/9/2011 1 94571 ICORNERSTONE BIBLE COMMUNITY CHURCH FOOD REIMS-CITY B/DAY 1 0015350 1 42353 1 43.00 $43.00 6/9/2011 1 94572 CORNERSTONE RECORDS MGMT DATA STORAGE SVCS-MAY 1 0014070 1 45000 1 645.30 $645.30 6/9/2011 1 94573 ICROWN GRAPHICS SUPPLIES-NAMEPLATES 1 0015210 1 41200 1 39.151 $39.15 6/9/2011 1 94574 JDAVID J.GRUNDY I P&R COMM-5/26 0015350 1 44100 1 45.00 $45.00 6/9/2011 1 94575 IJAMES DESTEFANO REIMB-ICSC CONF 1 0014030 1 42330 1 539.861 $539.86 6/9/2011 1 94576 IDELTA CARE USA JUNE 2011-DENTAL PREM 001 21104 1 263.441 $263.44 6/9/2011 94577 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 125.00 $225.00 6/9/2011 CAROL DENNIS 1PROF.SVCS-P&R COMM 0015310 44000 100.00 6/9/2011 1 94578 DEPARTMENT OF JUSTICE INGERPRINTING-H/R 0014060 1 42345 1 1,120.001 $1,120.00 6/9/2011 1 94579 JDH MAINTENANCE JADDL MAINT-DBC MAY 11 0015333 1 45300 1 356.001 $356.00 6/9/2011 94580 DIAMOND BAR COMMUNITY FOUNDATION ADS-CITY B/DAY CELEB 0014095 42115 500.00 $950.00 6/9/2011 DIAMOND BAR COMMUNITY FOUNDATION ADS-OCT/NOV 0014095 42115 450.00 6/9/2011 1 94581 IDIAMOND BAR HIGH SCHOOL COMM ORG SUPPORT FUND 0114010 1 42355 1 150.00 $150.00 Page 6 City of Diamond Bar - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/9/2011 94582 DIAMOND BAR SENIOR CITIZENS CLUB REIMS-SR CLUB INSURANCE 1255215 1 44000 1 500.001 $500.00 6/9/2011 94583 DIVERSIFIED PRINTERS PRINT SVCS-CITY NEWS JUN 0014095 1 44000 1 3,242.00 $10,028:00 6/9/2011 IDIVERSIFIED PRINTERS PRINT SVCS-CITY NEWS MAY 0014095 44000 1 6,786.00 6/9/2011 1 94584 IDOGGIE WALK BAGS INC SUPPLIES-PARKS 0015310 1 41200 1 1,699.53 $1,699.53 6/9/2011 1 94585 IRAE DUNCAN CONTRACT CLASS-SPRING 0015350 1 45320 1 120.00 $120.00 6/9/2011 1 94586 EVERGREEN COMMUNITY CLUB FACILTY REFUND-HERITAGE 1 001 1 23002 1 200.00 $200.00 61912011 1 94587 EVERGREEN INTERIORS PLANT SVCS-DBC MAY 11 0015333 45300 177.00 $317 1 2.00 6/9/2011 EVERGREEN INTERIORS PLANT SVCS-HERITGE MAY 0015340 42210 135.00 6/9/2011 94588 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,718.00 $27,472.82 6/9/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 6/9/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 6/9/2011 94589 EXTERMINETICS OF SO CAL INC IFIRE ANT-STARSHINE PK 1 0015340 1 42210 1 150.00 $150.00 6/9/2011 1 94590 ESPERANZA FLORES CONTRACT CLASS-SPRING 0015350 45320 1 662.40 $662.40 6/9/2011 1 94591 GOOD YEAR AUTO SERVICE CENTER VEH REPAIR-COMM SVCS 0015310 1 42310 1 30.59 $30.59 6/9/2011 1 94592 JGOVPARTNER REQUEST PARTNER-JUN 2011 0014070 1 44030 1 850.001 $850.00 619/2011 1 94593 GREENWOOD CABINETRY INC RETENTIONS PAYABLE 125 1 20300 1 -1,470.00 $15,300.00 6/9/2011 GREENWOOD CABINETRY INC HIP PROG-24415 DEEPSRINGS 1255215 44000 16,770.00 6/9/2011 1 94594 HARDY&HARPER INC IPAVEMENT REPAIRS-C/CREEK 0015554 1 45502 1 43,644.50 $43,644.50 6/9/2011 94595 REGINALD HARPER FACILITY REFUND-DBC 001 23002 350.00 $350.00 6/9/2011 1 94596 LEW HERNDON P&R COMM-5/26 0015350 1 44100 1 45.00 $45.00 6/9/2011 1 94597 INLAND VALLEY DAILY BULLETIN ILEGAL AD-3010 WAGON TRAIN 0015210 1 42115 1 381.60 $381.60 Page 7 City of Diamond Bar - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount I Total Check Amount 6/9/2011 94598 HOLLIE KEETON FACILTY REFUND-DBC 001 23002 900.00 $1,716.10 6/9/2011 HOLLIE KEETON FACILTY CHARGE-DBC 001 36615 -34.00 6/9/2011 HOLLIE KEETON FACILITY REFUND-DBC 001 23002 900.00 6/9/2011 HOLLIE KEETON FACILITY CHARGES-DBC 001 36615 -34.00 6/9/2011 HOLLIE KEETON FACILITY CHARGES-DBC 001 36615 -15.90 6/9/2011 94599 KENS HARDWARE SUPPLIES-COMM SVCS 0015310 42200 14.25 $610.12 6/9/2011 KENS HARDWARE SUPPLIES-DBC 0015333 41200 88.76 6/9/2011 KENS HARDWARE SUPPLIES-PARKS 0015310 41200 314.86 6/9/2011 KENS HARDWARE SUPPLIES-CITY B/DAY 0015350 42353 192.25 6/9/2011 1 94600 IKEYSER MARSTON ASSOCIATES INC 1CONSULTING SVCS-HONDA STE 1 0014096 44000 4,185.00 $4,185.00 6/9/2011 1 94601 DANIELA KIM IFACILTY REFUND-DBC 001 23002 1 550.001 $550.00 6/9/2011 1 94602 ILAND AND SEA TOURS EXCURSION-LAND/SEA TOUR 1 0015350 1 45310 1 700.001 $700.00 6/9/2011 1 94603 KWANG HO LEE PLNG COMM-5/10,5/24 1 0015210 1 44100 1 130.00 $130.00 6/9/2011 94604 LEWIS DIAMOND BAR LLC REFUND-EN 05-483 001 23012 656.25 $656.25 6/9/2011 LEWIS DIAMOND BAR LLC ADMIN FEE-EN 05-483 001 34650 -345.00 6/9/2011 LEWIS DIAMOND BAR LLC ADMIN FEE-EN 05-483 001 23012 345.00 6/9/2011 1 94605 ILIANA PINCHER T&T COMM-5/12 0015510 1 44100 1 45.00 $45.00 6/9/2011 1 94606 BENNY LIANG P&R COMM-5/26 0015350 1 44100 1 45.001 $45.00 6/9/2011 1 94607 SHERI LIEBE ICONTRACT CLASS-SPRING 1 0015350 1 45320 1 510.60 $510.60 6/9/2011 1 94608 JIMMY LIN PLNG COMM-5/10,5/24 1 0015210 1 44100 1 130.00 $130.00 6/9/2011 1 94609 ILONG BEACH BMW MIC RDR CABLE INSTLL-SAUNDERS 1 1284411 1 46250 1 264.001 $264.00 6/9/2011 1 94610 IDORA LONYAI ICONTRACT CLASS-SPRING 0015350 1 45320 1 97.20 $97.20 6/9/2011 1 94611 IMARYLOU IRECREATION REFUND 1 001 1 34760 1 125.001 $125.00 Page 8 City of Diamond ]far - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/9/2011 1 94612 JENNIFER LYNN MAHLKE T&T COMM-5/12 0015510 1 44100 1 45.001 $45.00 6/9/2011 1 94613 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-JUN 11 0014440 1 42130 1 78.75 $78.75 6/9/2011 1 94614 IKENNETH MOK IT&T COMM-5/12 0015510 1 44100 1 45.001 $45.00 6/9/2011 1 94615 MUNICIPAL CODE CORPORATION MUNI CODES-CITY CLERK 0014030 1 44000 1 2,783.531 $2,783.53 6/9/2011 1 94616 JANAND NAYAK RECREATION REFUND 001 34760 1 45.00 $45.00 6/9/2011 1 94617 IJENNY NGUYEN IFACILITY REFUND-DBC 77F7760T 123002 1 100.00 $100.00 6/9/2011 1 94618 ITED OWENS I P&R COMM-5/26 1 0015350 1 44100 1 45.001 $45.00 6/9/2011 1 94619 IPANTERA ELEMENTARY SCHOOL FOOD REIMB-CITY B/DAY 1 0015350 1 42353 1 36.00 $36.00 6/9/2011 1 94620 PARTITION SPECIALITES INC JOPERABLE WALL SVCS-DBC 0015333 1 42210 1 991.00 $991.00 6/9/2011 94621 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 $26,153.70 6/9/2011 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 10,926.09 6/9/2011 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 15,182.04 6/9/2011 94622 POST 19 LA COUNTY FIRE EXPLORERS REIMB-EASTER EGG HUNT 0015350 1 41200 1 118.00 $161.50 6/9/2011 IPOST 19 LA COUNTY FIRE EXPLORERS FOOD REIMB-CITY B/DAY 0 T015350 42353 43.50 6/9/2011 1 94623 JEDGAR PRECIADO IFACILITY REFUND-DBC 001 36615 1 400.00 $400.00 6/9/2011 1 94624 1PROFORMA ELEMENT 7 PROMO ITEMS-RECYCLED 1 1155515 1 41400 1 983.66 $983.66 6/9/2011 1 94625 IPULTE HOMES CORP REFUND-EN 05-475 001 23012 1 488.271 $488.27 6/9/2011 1 94626 ISHACHIRANA IFACILITY REFUND-HERITGE 1 001 1 23002 1 200.001 $200.00 6/9/2011 1 94627 JDAVID A ROBERTO P&R COMM-5/26 0015350 1 44100 1 45.001 $45.00 6/9/2011 1 94628 IS C SIGNS&SUPPLIES LLC SUPPLIES-ROAD MAINT 1 0015554 1 41250 1 1,410.29 $1,410.29 Page 9 City of Diamond Bar - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/9/2011 1 94629 IS K PROPERTY INVESTMENT INC REFUND-GRADING BOND 1 001 1 23001 1 1,296.00 $1,296.00 6/9/2011 1 94630 JJAGDISH SHAH PLNG COMM-5/10,5/24 1 0015210 1 44100 1 130.00 $130.00 6/9/2011 1 94631 IJERRYL LYNN SHORT ICONTRACT CLASS-SPRING 1 0015350 1 45320 1 1,402.20 $1,402.20 6/9/2011 94632 SARABDAYAL SINGH FACILITY REFUND-PANTERA 001 23002 100.00 $65.00 6/9/2011 SARABDAYAL SINGH FACILITY CHARGES-PANTERA 7_ 01 36625 -35.00 6/9/2011 1 94633 JSJ CONSTRUCTION RETENTIONS PAYABLE 125 20300 -1,497.00 $13,473.00 6/9/2011 SJ CONSTRUCTION HIP PROG-151 PROSPECTORS 1255215 44000 14,970.00 6/9/2011 94634 SMART&FINAL SUPPLIES-COMM SVCS 0015310 41200 64.20 $591.00 6/9/2011 SMART&FINAL SUPPLIES-DB4 YOUTH 0015350 41200 74.00 6/9/2011 SMART&FINAL SUPPLIES-SR BINGO 0015350 41200 74.05 6/9/2011 SMART&FINAL SUPPLIES-SR BINGO 0015350 41200 283.96 6/9/2011 SMART&FINAL SUPPLIES-SR BINGO 0015350 41200 94.791 1 6/9/2011 94635 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 2,336.49 $3,478.89 6/9/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 780.54 6/9/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 361.86 6/912011 1 94636 CALVIN TANG FACILITY REFUND-DBC 7770017 1 23002 1 550.001 $550.00 6/9/2011 1 94637 ITELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS-JUNE 11 1 0014070 1 44030 1 969.27 $969.27 6/9/2011 94638 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2011-425 001 23010 372.32 $2,868.38 6/9/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2010-388 001 23010 361.28 6/9/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2010-409 001 23010 361.28 6/9/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CITY B/DAY 0014095 42115 87.00 6/9/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CITY B/DAY 0014095 42115 87.00 6/9/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CITY B/DAY 0014095 42115 112.50 6/9/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-BANNER CITY B/D 0014095 42115 425.00 6/9/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CITY B/DAY 0014095 42115 87.00 6/9/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CITY B/DAY 0014095 42115 975.00 Page 10 City of Diamond Bar - Check Register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 6/9/2011 94639 THE SAUCE CREATIVE SERVICES BANNERS-CONCERTS IN PARK 0015350 1 45305 1 1,300.00 $1,800.00 6/9/2011 ITHE SAUCE CREATIVE SERVICES SIGNAGE-4TH OF JULY BLAST 0015350 45300 500.00 6/9/2011 1 94640 JIMMYE LOU THIES 1CONTRACT CLASS-SPRING 0015350 1 45320 1 513.00 $513.00 6/9/2011 1 94641 TIME WARNER INTERNET SVCS-CITY HALL 0014070 1 44030 252.60 $385.43 6/9/2011 TIME WARNER INTERNET SVCS-HERITAGE 0014070 44030 132.83 6/9/2011 1 94642 ITNT PRINTING PRINT SVCS-TEEN NIGHT OUT 0015350 1 42110 1 355.061 $355.06 6/9/2011 1 94643 TRIFYTT SPORTS CONTRACT CLASS-SPRING 0015350 1 45320 1 1,743.60 $1,743.60 6/9/2011 1 94644 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SCREENING 1 0014060 1 42345 1 640.00 $640.00 6/9/2011 1 94645 VALLEY CREST LANDSCAPE MAINT INC 1IRRIGATION REPAIR-M/HILL 1 0015340 1 42210 1 444.671 $444.67 6/9/2011 1 94646 VALLEY TROPHY SUPPLIES-COMM SVCS 1 0015350 1 41200 1 690.32 $690.32 6/9/2011 1 94647 VANTAGEPOINT TRNSFR AGNTS-303248 6110/11-P/R DEDUCTIONS 1 001 1 21108 1 26,947.44 $26,947.44 6/9/2011 1 94648 VERIZON CALIFORNIA PH.SVCS-GENERAL 1 0014090 1 42125 1 30.37 $30.37 6/9/2011 1 94649 IWALNUT VALLEY KIWANIS CLUB IFOOD REIMB-CITY B/DAY 1 0015350 1 42353 1 32.001 $32.00 6/9/2011 1 94650 WAXIE SANITARY SUPPLY SUPPLIES-DBC 77T7Z015333 1 41200 1 648.85 $648.85 6/9/2011 1 94651 IWEST COAST MEDIA AD-4TH OF JULY BLAST 0014095 1 42115 1 700.001 $700.00 6/9/2011 1 94652 PAUL WRIGHT AN SVCS-CNCL MTG 1 0014090 1 44000 1 200.00 $200.00 619/2011 1 94653 SHARON YANG IFACILITY REFUND-DBC 1 001 1 23002 1 500.001 $500.00 6/9/2011 94654 YI TONY TORNG IPLNG COMM-5/24 0015210 1 44100 1 65.00 $65.00 6/9/2011 1 94655 JKYONGOK YUN FACILITY REFUND-REAGAN 1 001 1 23002 1 50.001 $50.00 Page 11 a City of Diamond Bar - Check register 06/02/2011 thru 06/15/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount $454,121.13 Page 12 Agenda # 6 .4 Meeting Date: June 21, 2010 ................................................................................................................................................... CITY COUNCIL � `' x� AGENDA REPORT �()R UXI TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: Authorize City Manager to purchas Hewlett Packard Servers, Cisco Networking equipment and additional hardware from CDWG, throughout the FY11-12 for an amount not to exceed $260,000. Recommendation: Approve. This purchase exceeds the City Manager's spending authority and requires Council authorization. Budget/Financial Impact: There are sufficient funds in the approved FY11-12 budget for these purchases. Discussion: City staff relies heavily on the use of computers, specialized networks, and associated hardware and software to create, process, and store digital information to serve our constituents. In addition, the City relies on these same systems to promote and maintain communication with our residents, businesses, City Council and City staff. There are several existing pieces of equipment including network servers, network switch gear and associated components that have outlived their useful live and have a high likelihood of failure in the next 6 to 12 months. In addition, there is specialized hardware related to our on-line services that will require replacement in the upcoming fiscal year due to their age and on-going vendor support limitations. 1 Staff recommends the City Council authorize the City Manager to purchase the necessary replacement equipment from Cisco, Hewlett Packard (HP), and other equipment manufacturers through a State-negotiated and approved bulk purchasing contracts. This process provides for a significantly.reduced cost to the City without the formal bid process. As the City moves forward with the completion of construction on the New City Hall, the City will need to purchase a new Telephone System, Digital Signage and IP Cameras, in addition to the items covered in this report. Staff will bring these requests to Council, in the next few months as construction progresses. If approved by Council, the City will begin the replacement of these various pieces of equipment in July 2011 and conclude prior to the end of the fiscal year. It is recommended that the City Council authorize these expenditures and approve the disposal of the existing surplus property per City policy. Prepared by: Ken Desforges, Director Information Systems Reviewed by: David Doyle, Assistant City Manager Agenda # h Meeting Date: 6/21/2011 .CITY COUNCILAGENDA REPORT ^\ I'�C'C1RPOR\"CSO .198,A TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r TITLE: Contract with The ComDyn Grou Inc. for as-needed information technology services for an amount not to exceed $35,500. RECOMMENDATION: Approve a contract in the amount not to exceed $35,500. BUDGET/FINANCIAL IMPACT: The FY11-12 budget has sufficient appropriated funds for this expenditure. DISCUSSION: The ComDyn Group, Inc. (ComDyn) provides temporary technical personnel which assist the City's Information Services Department on an as-needed basis. Specifically, ComDyn personnel assist with advance network security including monitoring critical security systems and providing security configuration support to ensure the highest level of network security and prevent unauthorized access to critical City information. In addition, ComDyn provides specific technical assistance for the City's Geographical Information System (GIS) program. For the past several years, the City has utilized ComDyn GIS staff to assist in the creation of the underlying database, base map, and other crucial elements of the program. By utilizing these resources instead of hiring a full time GIS staff member, the City has been able to provide this high quality service to the public and City departments at a lower cost. The City has utilized ComDyn technical staff for the past six years and has been very satisfied with their performance. The technical staff provided by ComDyn are highly qualified, very familiar with City systems and programs, and provide a high level of technical skills and expertise beyond those of City staff. Prepared by: Reviewed by: Ken Desforges, Director Information Systems David Do e, Assistant City Manager Attachment: ComDyn Consulting Service Agreement 2 CONSULTING SERVICES AGREEMENT This Agreement is made and entered into this 1't day of July 2011, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and The Comdyn Group, Inc. (hereinafter referred to as "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: 1 Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated July 1, 2011. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A" (Consultant's submitted proposal). 2. Term of Agreement. This contract shall take effect July 1, 2011 and shall continue until June 30, 2012 or completion of the project, unless earlier terminated pursuant to the provisions herein. 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 "B." 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 $35,500. 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. Staff and Addresses. City: James DeStefano, City Manager Ken Desforges, Director Information Systems City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Consultant: Jim Lentz, Security Consultant Ruel "JR" Dira GIS Analyst The Comdyn Group, Inc. Attn: Diana Brown, Vice President 100 E. Thousand Oaks Blvd., Suite 233 Thousand Oaks, CA 91306 The City has the right to written approval for any change or replacement of the above Mentioned Comdyn Staff. 6. Status as Independent Consultant. 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 employees of Consultant. 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 2 Agreement any amount due to City from Consultant as a result of Consultant failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and nd skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the city, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder, excluding liability caused by the negligent or wrongful acts or omissions of City. 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 3 coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) workers' compensation insurance with a minimum limit of $500,000.00*or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and 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 cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of 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. 10. 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 4 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. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which m ay 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 project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay 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. 5 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. Key personnel are listed in #5 of this agreement and shall not change without prior written approval from the City. 16. 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. 16. 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. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. 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 6 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. 19. 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. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 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. 7 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and the City. This Agreement supercedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: Michael Jenkins, City Attorney "CONSULTANT" By: Diana Brown, Vice President The Comdyn Group Exhibit "A Scope of Services: The Comdyn Group will provide Security, GIS, and other Information Technology Consultants to the City of Diamond Bar on an "as needed basis". Anticipated use: Security Consulting - $8,500 (@ 104 hrs at $81.25 per hour) GIS Consulting — $27,000 (@401 hrs at $67.20 per hour) Exhibit T Payment Schedule: Terms are net 30 on invoices submitted with approved contractor time cards. Billing rate(s) for the City of Diamond Bar: Payroll Service (City located contractor) - Contractor base hourly pay rate+ a 25% Mark-up* Examples: Security Consulting - Contractor Rate = $60.00***Margin = $15.00, Billing Rate = $75.00 GIS Consulting — Contractor Rate = $40.00***Margin = $10.00, Billing Rate = $50.00 Full-Time contractors (Comdyn located contractor) - Contactor base hourly pay rate+ a 45% Mark-up" Part-Time contractors (Comdyn located contractor) - Contractor base hourly pay rate+ a 60% Mark-up** Contractors are classified as"Full-Time" if they are projected to work 32 hrs or more hrs per week or are projected to work more than 1000 hours in a twelve month period. Contractors are classified as "Part-Time" if they are projected to work less than 32hrs per week or are projected to work 1000 hours or fewer in a twelve month period. *Includes all Federal and State payroll taxes, company benefits, etc... "Includes recruitment costs, and all Federal and State payroll taxes, company benefits, etc...) ****Actual rates may vary as they are based upon the type of service provided and successfully negotiations with each individual providing that service. ' Agenda #IT Meeting Date June 21, 2011 oi IL I lu CITY COUNCIL 3ENDA REPORT TO: Honorable Mayor and K8 beCouncil VIA: James [)eGtef@OO' City Man TITLE: RESOLUTION 2011-XXA�K�SO���K��N OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING THE QUITCLAIM DEED FROM RYLAND HOMES OF CALIFORNIA, INC. OF ITS INTEREST IN THE � PROPERTY LOCATED IN THE LONGVIEW SOUTH &8UMJK~PARK. RECOMMENDATION: Approve. FISCAL IMPACT: M�D� � . | BACKGROUND/ DISCUSSION: Since 1989. the City has operated and maintained the property kDVxvO as Longview South Mini- Park, one of several neighborhood parks on the City's eastern border in the neighborhoods WiOi-Pad<' oOeOfG8V8[8| O8ighbD[hoodparkgoOtheCU«G8@Gt8[nbV[deriOth8n9iQhborhoVds ' GU[FOUDding Bu00ithdge Park and the []ia0OOd Bar Center. These G[na|| parks feature greenbelts, xV8|kiOg paths, p|3ygnounds, and dog xvG|NDg bags for the use of all Diamond Bar residents. Staff has discovered that the title to the property was not transferred by the developer and County Gtthe time Dfincorporation as originally planned. This means that the City, despite DO@iDt@iOiOg the property as a public park for the 8OtiF8h/of its existence, is not currently the nVVO8r of the land. To correct this, staff and the City Attorney's office began the difficult pn]Ceee � Of locating the original d8V8|OprOeOt company to complete the planned transaction. /\ft8[ h]||DVviOg the trail Of business transfers and corporate nhaOQeoVgr, it was discovered that the interests of the O[igiD@| developer, MJ Brock & G0Os' were now controlled by Ryland Homes. Rather than pursue the more expensive prOC8GG of acquiring the |8Od through litigation kOOVvn ! � as "quiet title", the City Attorney's Office has negotiated with Ryland and come to aR8gFee0g[d � with the company to qUitC|8iDl the property to the City in eXCh8Og8 for "hold harOO|88G" C|oUs8 � in which the City assumes liability for any claims OO the property and holds Ryland h8rOl|e8G for any claims, past present, and future. Since the City has been maintaining this property as @ it | would any other public p@d( despite the ownership ieoue, and b8C8UGe research has found no � outstanding C|8inlG resulting from the site, staff is comfortable with agreeing to provide this clause to R«|@Od in exchange for ownership. | Staff recommends the Council accept the terms of the quitclaim transfer by adopting the | ` attached ReGV|UUOO and providing for the {}h« Manager's execution of the transfer documents. Prepared Ryn( cLedli, Assistant to the City Manager Attachments: Resolution 2011-XX RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING THE QUITCLAIM DEED FROM RYLAND HOMES OF CALIFORNIA, INC., OF ITS INTEREST IN PROPERTY LOCATED IN THE LONGVIEW SOUTH MINI-PARK A. RECITALS WHEREAS, RYLAND HOMES OF CALIFORNIA, INC., formerly known as M.J. BROCK & SONS, INC., ("RYLAND") has agreed to quitclaim its interest to the City of Diamond Bar in the real property (the "property") described in Exhibit A to this Resolution; WHEREAS, acceptance of RYLAND's quitclaim of the property is in the best interests of the City and its residents; and WHEREAS, all legal prerequisites to the acceptance of this quitclaim and the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Diamond Bar does hereby find that all of the facts set forth in the recitals of this Resolution are true and correct. SECTION 2. The City Council of the City of Diamond Bar does hereby approve and accept the quitclaim deed (attached as Exhibit B) from RYLAND. SECTION 3. The City Manager is authorized on behalf of the City of Diamond Bar to execute the quitclaim deed and any and all documents necessary to consummate the acceptance of RYLAND's interest in the property. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and cause the quitclaim deed to be recorded in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED this day of 2011. Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was Passed, Approved and Adopted by the City Council of the City of Diamond Bar held on the day of 2011 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar EXHIBIT "A" 1630 Longview Drive, Diamond Bar, California LOT 52 INCLUSIVE OF TRACT NO. 42559, IN THE UNINCORPORATED AREA OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1032, PAGES 69-72 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREEAFTER SITUATED THEREIN AND THEREUNDER, TOGETHER, TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE AND MINE THEREFROM SUCH OIL, GAS AND OTHER HYDROCARBONS AND MINERALS AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT UPON THE SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS, WHICH MAY BE PRODUCED FROM OTHER LANDS, WITH THE RIGHT OF ENTRY THERE FOR SAID PURPOSES, AND WITH THE RIGHT TO CONSTRUCT, USE, MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM, ALL PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS AND OTHER STRUCTURES WHICH MAY BE NECESSARY AND REQUISITE TO CARRY ON OPERATIONS ON SAID LANDS, WITH RIGHT TO ERECT, MAINTAIN, OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR CONVENIENT THERETO, AS EXCEPTED AND RESERVED IN THE DEED FROM TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29, 1968, AS INSTRUMENT NO. 2456, IN BOOK D3955, PAGE 185, OFFICIAL RECORDS; AND RE-RECORDED JUNE 19, 1969, AS INSTRUMENT NO. 776, IN BOOK D4407, PAGE 591, OFFICIAL RECORDS; AND AS MODIFIED WITH RESPECT TO A PORTION THEREOF BY A QUITCLAIM DEED RECORDED NOVEMBER 12, 1970, AS INSTRUMENT NO. 2112, WHICH RELINQUISHES ALL RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE SURFACE OF THE LAND. ALL RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE SURFACE FOR ANY PURPOSE INCIDENTAL TO THE OWNERSHIP OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS WERE QUITCLAIMED BY DEED RECORDED DECEMBER 24, 1981 AS INSTRUMENT NO. 81-1263075, RECORDS OF SAID COUNTY. APN: 87.13-045-057. "Exhibit B" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Diamond Bar 21825 Copley Drive Diamond Bar. California 91765 Attn: City Manager MAIL TAX STATEMENTS TO: RETURN ADDRESS ABOVE No Ice per 6o enimcnt Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 8713-045-057 THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX IS $ NoDocumentarx Tran.,ferTax per'FzwzaonCode I1932 o* computed oil full value of property conveyed,or o computed on full value less value of liens or encumbranees remaining at time of sale, o Unincorporated area: County of . QUITCLAIM DEED For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, RYLAND HOMES OF CALIFORNIA, INC., a Delaware corporation, formerly known as M..I. BROCK & SONS, INC., as Grantor. does hereby remise, release and forever quitclaim to the CITY OF DIAMOND BAR. a municipal corporation, as Grantee, all of Grantor's right, title,and interest in and to that real property in the City of Diamond Bar, County of Los Angeles, State of California, described in Exhibit"A," attached hereto and by this referbnce made a part hereof. [Signature is on following page.] III j DATED as of.,Iw- , 2011 Grantor: RYLAND OME�OF CALIFORNIA, INC. , Tim Geckle, General Counsel Ryland Homes of California, Inc. State of California County of Ar-s ,9(v'qE'/'Es On u4iv6 ee a.o/l , 2011, before me, �A AloA,�F cz X/ - icnio�dA,v a.notary public, personally appeared o T . G c c who proved to the on the basis of satisfactory evidence to be t e person whose name is subscribed to the within instrument and acknowledged to tine that he executed the-same in his authorized capacity,and that by his signature on t:he instrument the person,or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .- ANDREA G RIORDAN Signature �� h -r � —(Seal) Q - Commission#1858884 Notary.Public-California z Los Apples.County Comm.Ex ices Au 21,2013 EXHIBIT A (LEGAL DESCRIPTION) REAL PROPERTY IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 52 INCLUSIVE OF TRACT NO.42559, IN THE UNINCORPORATED AREA OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1032. PAGES 69-72 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREEAFTER SITUATED THEREIN AND THEREUNDER,TOGETHER, TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT,TAKE AND MINE THEREFROM SUCH OIL, GAS AND OTHER HYDROCARBONS AND MINERALS AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT UPON THE SURFACE OF SAID LAND,OIL, GAS AND OTHER HYDROCARBONS AND MINERALS, WHICH MAYBE PRODUCED FROM OTHER LANDS, WITH THE RIGHT OF ENTRY THEREFOR SAID PURPOSES, AND WITH THE RIGHT TO CONSTRUCT, USE, MAINTAIN, ERECT, REPAIR,REPLACE AND REMOVE THEREON AND THEREFROM, ALL PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS AND OTHER STRUCTURES WHICH MAY BE NECESSARY AND REQUISITE TO CARRY ON OPERATIONS ON SAID LANDS, WITH RIGHT TO ERECT, MAINTAIN, OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR CONVENIENT THERETO,AS EXCEPTED AND RESERVED IN THE DEED FROM TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29, 1968, AS INSTRUMENT NO. 2456,IN BOOK D3955, PAGE 185, OFFICIAL RECORDS: AND RE-RECORDED JUNE 19, 1969,AS INSTRUMENT NO. 776, IN BOOK D4407, PAGE 591, OFFICIAL RECORDS;AND AS MODIFIED WITH RESPECT TO A PORTION THEREOF BY A QUITCLAIM DEED RECORDED NOVEMBER 12, 1.970,AS INSTRUMENT NO. 2112, WHICH RELINQUISHES ALL RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE SURFACE OF THE LAND. ALL RIGHTS TO THE USE OFTHE SURFACE AND SUBSURFACE 'T0 A DEPTH OF 500 FEET FROM THE SURFACE FOR ANY PURPOSE INCIDENTAL TO THE OWNERSHIP OF ALL OIL,GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS WERE QUITCLAIMED BY DEED RECORDED DECEMBER 24, 1981 AS INSTRUMENT NO. 81-1263075; RECORDS 01? SAID COUNTY. APN: 8713-045-057 Agenda # 6 . 7 (a) Meeting Date: 6/21/11 R� CITY COUNCIL T r ~ AGENDA REPORT lNCc�Recin�'�''9 .1959 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: APPROVAL OF AMENDMENT# TO AGREEMENT WITH AND 1 OFFICIALS TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2011 THROUGH JUNE 30, 2012 IN THE AMOUNT NOT-TO-EXCEED $35,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Costs for these services are included in the General Fund of the 2011/12 fiscal year budget and through official fees. General Fund costs are recovered by the City through fees collected from program participants and team registrations, and official's fees are recovered by fees charged to adult teams at each game. BACKGROUND: The City Council awarded a contract to And 1 Officials on July 1, 2008 to provide basketball officials for our year round adult basketball program and our winter youth basketball league. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. City Council approved Amendment#1 on June 16, 2009 and Amendment#2 on July 6, 2010. Staff is seeking City Council approval to extend the contract for the period of July 1, 2011 through June 30, 2012 in the amount not-to-exceed $35,000. DISCUSSION: City Recreation staff estimates a total of 720 participants in our year round adult basketball program and 400 participants in our winter youth basketball league. And 1 Officials has consistently provided quality officiating during the term of this contract. And 1 Officials is extremely professional and is very responsive in fulfilling the needs of the City. PREPARED BY: Christy Murphey, Recreation Superintendent ZREVI)E B BZB e Community Services Director Attachments: Amendment#3 AMENDMENT #3 TO AGREEMENT THIS AMENDMENT#3 TO SPORTS OFFICIALS SERVICE AGREEMENT is made this 21"day of June,2011 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California("CITY")and AND I OFFICIALS ("CONTRACTOR"). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY July 1,2008("the AGREEMENT") to provide CIF Certified Basketball Officials for City programs. b. Parties agreed to Amendment#1 extending the term from July 1, 2009 through June 30, 2010. c. Parties agreed to Amendment#2 extending the term from July 1, 2010 through June 30, 2011. d. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months. Now,therefore,the parties agree to amend the AGREEMENT as follows: Section I —Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2011 through June 30, 2012. Section 2—Compensation provided in Section 3 of the AGREEMENT shall remain the amount not to exceed $35,000. Except as provided above,the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this AMENDMENT#3 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR AND I OFFICIALS A Municipal Corporation Of the State of California Contractor Signed Signed Steve Tye Mayor Title APPROVED TO FORM City Attorney City Clerk Agenda # 6 . 7 (tLl Meeting Date: 6121111 CIT ............................... ............... L Hi CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Membe soff the City Council a VIA: James DeStefano, City Ma TITLE: APPROVE AN AGREEMENT No To EXCEED $55,000 WITH THE 0 (CCC) CALIFORNIA CONSERVATION CORP RPP (CCC) FOR AS NEEDED TRAIL REPAIRS, BRUSH CLEARANCE AND MINOR MAINTENANCE IN PARKS AND OPEN SPACE IN DIAMOND BAR FOR THE 2011/12 FISCAL YEAR AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. RECOMMENDATION: Approve and authorize the City Manager to execute the agreement. FINANCIAL IMPACT: The City's adopted FY 2011/12 Proposition A— Safe Parks Act budget includes $55,000 for work to be performed by the CCC. These funds are restricted and can only be spent on contractors that qualify as at-risk youth. The CCC qualifies as an at-risk youth contractor. No funds from the General Fund will be expended on this agreement. BACKGROUND: The City has utilized the CCC to perform a variety of trail repair work, minor maintenance and brush clearance work for fire prevention purposes in parks and open space areas in Diamond Bar since April 2008. Over the years, as the City's trail system has grown and the CCC's scope of work has expanded, the annual expenditure with the CCC has grown from $3,000 to the current $55,000. Staff believes that utilizing the CCC for this type of work has proven to be cost effective for the City, especially since funding does not come from the General Fund. DISCUSSION: The work that will be completed by the CCC under this agreement includes: 1. Repair trails damaged by erosion and vandalism. 2. Remove graffiti along trail routes. 3. Replace decomposed granite material with new trail material as-needed. 4. Remove brush obstructing trail routes. 5. Perform fire break brushing required city-wide, including required handwork in LLAD #41 following the deployment of goats. 6. Perform Minor maintenance in parks and open space as assigned by City staff. City staff recommends that the City Council approve the agreement with the CCC in an amount not to exceed $55,000 and authorize the City Manager to execute the agreement. PREPARED BY: REVI Y: Alison Meyers Bo se Community Services Coordinator Director of Community Services Attachments: Agreement with CCC for 2011/12 FY in an amount not to exceed $55,000. Sponsor Agreement with CCC dated April 4, 2008. STATE OF CALIFORNIA CALIFORNIA CONSERVATION CORPS AGREEMENT ADDENDUM CCC-95A(REV.09/10)Page 1 of 2. Agreement# Index# CCC Work Code 3872 R12-7455 (CCC Contract Officer Assigns) (Center Index Code is Four digits) (center Project Manager Assigns) A]The California Conservation Corps(CCC), agrees to provide crew labor for the project titled: City of Diamond Bar Trail Rehab and Brush Clearance See CCC-58:Project Evaluation Form for detaits. B]The term of this agreement shall be: Agreement Start Date: July 1,2011 =Check here if multi-year Agreement Expiration Date: June 30,2012 C]Sponsor agrees to reimburse the CCC for LABOR Hours Rate/Hr Totals estimated costs in accordance with the Fiscal CM Regular Time: 3235.00 $ 17.00 $ 54,995.00 Summary.(Fiscal Year displays are shown on page 2.) CM Overtime: 0.00 $ - $ - Performance-Based Labor: $ 5.00 Staff BILLABLE Regular Time : $ - Staff Overtime: $ EXPENSES Equipment(greater than$5,000): $ Tools(includes equipment less than$5,000): $ NOTE TO SPONSOR: Budget detail will not be Materials: $ provided on performance based contracts. Vehicle Operations: $ Consulting: $ Other: $ - D The total amount.payable by Sponsor to CCC under this agreement shall not exceed: . . $ 5000.00 E]The CCC shall forward billing for labor and/or operating expenses with supporting documentation in triplicate to sponsor Monthly C -]Quarterly At end of contract Sponsor agrees to pay CCC within 50 days from receipt of bill, Negotiated Advanced Payments: $ - Sponsor STATEOFCALIFORNIA Organization: City of Diamond Bar California Conservation Corps Date: Date: Signature: Signature: James DeStefano Print: Print: Erin Healy Title: City Manager Title: Administrative Chief SPONSOR EMAIL ADDRESS CCC DISTRICT VERIFICATION Alison Meyers[AMeyers@DiamondBarCA.Gov] Date: tt SPONSOR MAILING ADDRESS 1 21825 Copley Drive - Diamond Bar, CA 91765-4178 Signature: Print: ennifer Dulay Title: Conservation Supervisor SPONSOR BILLING ADDRESS: FORWARD PAYMENTS TO: Same California Conservation Corps Attention:Accounting/Receivables 1719 24th Street, Sacramento Sacramento, CA.95816 CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION CCC-58 [A] PROJECT DATA Center Code: 872 POMONA Location Code: Project/Work Code: R-12-7455 ARRA Funding: N Contract: - - Resource Category: TRO g Y� Project Title: DIAMOND_BAR TRAILS REHAB Project Description; CCC will assist the City of Diamond Bar with rehabilitating trails and some fire break brushing. Work will include, erosion repair, graffiti removal, replace DG material with new trail material as needed, brushing, fuel breaks along City property (LLAD #k41) , and minor maintenance in parks and open space as assigned by city staff. . [BI - SPONSOR INFORMATION Agency Code: Sponsoring Agency: Address : 40000 CITY OF DIAMOND BAR 21825 COPLEY DRIVE City: DIAMOND BAR State: CA ZIP: 91765-4178 Sponsor Representative: Title: Phone: ALISON MEYERS RECREATION SPECIALIST (909)839-7024 Technical Supervisor: Title: Phone: ANTHONY JORDAN PARKS & MAINT ,SUPERINTENDENT (909) 839-7063 [C] EMERGENCY RESPONSE INFORMATION CDF Incident #[ Request $# - ORS $# - HQ Ref. $$ - CCC Index # Corpsmember Overtime Pay Serial #[ [D] ESTIMATE INFORMATION tEl WORKSITE INFORMATION Directions to Worksite Location: Hours: 3235 Take Diamond Bar Blvd. South, left on Grand and left on Summitridge Start Date; 07/01/2011 ZIP 91765-4178 County Code 19 County: LOS ANGELES [F] FOR HQ USE ONLY JENNIFER DULAY 06/16/2011, 7:06am Received: Logged: Verified: Analyst: Entered: Checked Field Operations Database System Ver: 2 . 8 . 5 (05/02/2011) CCC-58 Project/Work Code: R-12-7455 DIAMOND BAR TRAILS REHAB Page: 2 [G] EDUCATIONAL ACTIVITIES Sponsor: Educational presentation to increase Corpsmember understanding of . the natural environment. Length of time scheduled: . 2 . 00 Hrs. Sponsor will inform the crew on the nearby wildlife, flora and. fauna and the natural environment. CCC The CCC will be doing the following work/learn activities Length of time scheduled 2 . 00 Hrs . The crew will learn some fire hazard reduction work and trail clearing techniques : [H] EQUIPMENT, MATERIALS, AND LABOR To be supplied by Sponsor: To be supplied by CCC: Materials Transportation Supervision Technical Support Labor Workers Comp Insurance Basic Hand Tools Basic Safety Gear Special SPIKE equipment. needed by crew: SPIKE Information ('description and location of housing) : Field Operations Database System Ver: 2 . 8 . 5 (05/02/2011) CCC-58 Project/Work Code; R-12-7455 DIAMOND BAR TRAILS REHAB Page: 3 [I] NARRATIVE ON HOW PROJECT WILL MEET ALL LEGISLATIVELY MANDATED OBJECTIVES (Assign a numerical rating: 0=none, 1=low, 2=medium, 3=high) Conserving, improving, developing natural resources, maintaining environmentally important lands or waters. RATING: _3 , CCC will be. improving various trails and clearing brush to reduce fire hazards in some environmentally sensitive areas . Providing public benefit or access (Estimated visitor use, increased safety, reduced maintenance costs, etc . . RATING: 3 . After -the completion of the project, their will be an increase in the amount of visitors using the trails, reduction of maintenance costs and the trai . . . Providing Corpsmembers with opportunities for training in employable skills (e.g. specific tools and use, fire control, carpentry) RATING: 2 Cm's will learn trail clearing techniques, gaining experience in fire hazard reduction and using some specialized tools . [J] PROJECT CHECKLIST & SIGNATURE BLOCKS ............. ....................... SIGNING THIS DOCUMENT VERIFIES THAT: ® ' A Sponsor Agreement (CCC 96) is on file at Headquarters. ® If a reimbursable project, a CCC-96A or STD-13 agreement has been submitted to Headquarters. m If the Sponsor is a non-profit entity, a statement of non-profit status and Private Property/Sponsor Authorization form have been submitted to HQ. ® If the Sponsor is a for-profit entity, a Private Property/Sponsor Authorization has been. submitted to HQ. ® The project conforms to CCUs Injurand Illness Prevention Program (IIPP) Project Coordinator: Print Siga e: JENNIFER DULAY �� Center Director: THE SPONSOR REPRESENTATIVE AGREES TO THE FOLLOWING: ® If there are hazardous materials present, the sponsor has provided the location, identity, and amounts of any hazardous substances at the worksite and provided all Material Safety Data Sheets for hazardous materials that .. are present at the worksite R ® To the best knowledge of the sponsor, the worksite is free of any known hazardous materials. D • That all applicable local, state, and federal permits, approvals, and clearances have been obtained_ Sponsor Representative: Print Sign Date,: Field Operations Database System Ver: 2 . 8 .5 (05/02/2011) CCC-58 Project/Work Code: R-12-7455 DIAMOND BARTRAILSREHAB Page: 2 [G] EDUCATIONAL ACTIVITIES Sponsor: Educational presentation to increase Corpsmember understanding of the natural environment. Length of time scheduled: 2 . 00 Hrs . Sponsor will inform the crew on the nearby wildlife, flora and fauna and the natural environment. - CCC: The CCC will be doing the following work/learn activities . Length of time scheduled: 2 . 00 Hrs . The crew will learn some fire hazard reduction work and trail clearing techniques . [H] EQUIPMENT, MATERIALS, AND LABOR To be supplied by Sponsor: To be supplied by CCC: Materials Transportation Supervision Technical Support Labor Workers , Comp Insurance Basic Hand Tools Basic Safety Gear Special SPIKE equipment needed by crew: SPIKE Information (description and location of housing) : i Field Operations Database System Ver: 2 . 8.5 (05'/02/2011) CCC-58 Project/Work Code: R-12-7455 DIAMOND BAR TRAILS REHAB _ Continuation LEGISLATIVE MANDATE - Public Benefit (cont. ) of visitors using the trails, reduction of maintenance costs and the trails will be safer. Field Operations Database System .Ver: 2 . 8 .5 _ (05/02/2011) . STATE'OF CALIFORNIA--RESOURCES'AGENCY ARNOLD SCHWAR?ENNEGGER, GOVERNOR CCC-96(REQ;. 11/98) .CALIFORNIA CONSERVATION CORPS CCC District:Pomona 1719 24th Street, Sacramento, CA 95816 (916) 341-3112 SPONSOR AGREEMENT (CCC-96) (Public [ Governmental Entity) This agreement is made and entered into by and between the California Conservation Corps, State of California, hereinafter referred to as "CCC", and Sponsor's Name: City of Diamond Bar Hereinafter called "Sponsor: WHEREAS, the CCC wishes to provide training in job skills and environmental education to young men and women of California through a program which includes projects in public ser../ice conservation work, and - WHEREAS, the Sponsor can provide opportunities for public service through meaningful and productive work projects, and , WHEREAS, the Sponsor shall provide opportunities for public use of project areas, and WHEREAS, the CCC shall generally be engaged in projects which preserve, maintain and.vnhah_ ce- environmentaily important lands and waters, and WHEREAS, the. CCC shall accomplish useful and needed public works projects iii both urban and rural areas, and WHEREAS, the CCC may execute contracts for furnishing the services of the Corps to.any.:federa!, state,-or local agency and any local or statewide private organization concerned with the objectives of the Corps, and WHEREAS, the'CCC may be,reimbursed by the federal government, any state or local public agency, or any private organization for actual expenses incurred by the Corps for any project. NOW THEREFORE, in consideration of the above, the parties hereto agree as follows: A. The Sponsor shall submit project proposals on a form provided by CCC. By so doing, with reference to any such proposals subsequently approved by the District Director, CCC, Sponsor agrees to 1. Pay for all negotiated costs directly related to and necessitated by such projects. This may include, but not be limited to, reimbursement for CCC labor at the CCC's current fiscal year rate Or at a negotiated rate On such projects. In the event that reimbursement is negotiated, further documentation :will be necessary. 2. Demonstrate the availability of adequate plans and specifications, sufficient funds, materials,.supplies, and equipment, adequate technical supervision and any special labor requirements to complete such project. pp p q Y Y ' I ; or local,agency 3. Obtain thea royals and permits required b an other state, federal. necessary to commence construction or, operation of such projects. Pane 1 of 4 4. Obtain any clearances and meet any other requirements of trade unions or other labor organizations occasioned by the participation of the CCC in such projects. 5. ,When necessary, provide acceptable temporary living facilities for the duration of any such projects located .more than one hour's driving time from a CCC base center for CCC personnel actually engaged in working on such projects. 6. Hold an orientation meeting with CCC personnel at the commencement of such projects to explain the technical aspects, safety considerations, and any other aspects necessary for successful execution of such projects. 7. Present or arrange for an additional educational program or training opportunity at the CCG base center or project site. This presentation may have emphasis on the history of the project site or area, the public benefit to be derived from this or a similar project, the relationship of such projects to resources or wildlife management, or similar subjects. B. The CCC shall select, from proposals submitted by the Sponsor, those projects meeting the priorities and resources of the CCC, as well as meeting the legislatively mandated criteria. The CCC shall submit to the sponsor, evaluations setting forth any special requirements or conditions occasioned thereby. By so doing, with reference to any such evaluations subsequently approved by Sponsor, the CCC agrees to provide labor, crew supervision, transportation(if within one hour's driving time by two-wheel drive vehicle from the nearest CCC base center),food and such tools as the CCC Project Coordinator determines to be available. Upon receipt of Sponsor's acceptance of such evaluations, projects will be scheduled in accordance with the priorities and resources of the CCC. C. In accordance with Section 14304 of the Public Resources Code, CCC prcjects shall be directed toward providing opportunities to the public for the use of these r,aiu.ial resources and environmentally important public lands and waters, while at the same time provid;ng young men and women with an opportunity for personal development in a variety of basic skills. Projects shall be undertaken in both urban and rural areas shall be selected.on the basis of the environmental and natural resource benefits each offers, the opportunities for public use each offers, and the on-the-job training value of each. D. The Sponsor recognizes that the CCC exists under a legislative mandate to act under the direction and control if the State Office of Emergency Services, Department of Forestry and other agencies to assist the people of the State of California in times of emergencies arising from fire, flood, wind, and other natural or man-caused disasters and emergencies. Projects will be performed within the rules and regulations of the CCC, which may require temporary suspension or permanent cessation of projects due to emergency conditions as defined by such rules and regulations. The Sponsor further recognizes that the resources of the CCC are limited, and the public service conservation work of the CCC may be altered in priority from time to time. The parties agree that delays by either party shall be excused and costs caused by such delays shall be borne by the party incurring such costs. Sponsors contracting with the CCC for emergency services may be required to reimburse exceptional costs; e.g., overtime. E. Work performed under this agreement will be under the immediate supervision of the CCC officials. The sponsor will provide such supervision, technical assistance, guidance and inspection as it considers necessary to properly complete the work. F. All improvements constructed in whole or in part on lands owned or controlled by Sponsor will remain the.property of the Sponsor. Page 2 of.4 G. Permission to camp and perform work on lands owned or controlled by Sponsor does not in anyway convey'to the CCC, its staff, or any person or persons working with the CCC in the performance of said work, employee status that would extend to them the benefits afforded to permanent employees of Sponsor: H. Upon completion of each project, or any phase thereof, permission is hereby granted to the CCC to place upon the project site a sign or emblem, consistent in size and design to its surroundings, indicating the participation of the CCC and the year thereof. I. The CCC and Sponsor each agree to indemnify and hold harmless the other, its officers, agents and employees from any and all claims, or demands of liability caused by the indemnifying party during or after completion of the project, which is the subject of this agreement: The State of California has elected to cover its motor vehicle and general liability exposure through claims procedures instituted in accordance with the California Government Code provisions and the other provisions of the law relating to such liability. Pursuant to those procedures, tort liability claims should be submitted to the State Board of Control (headquarters office: 630 K Street, Sacramento, California 95814; government claims division: P.O. Box 3035, Sacramento, California 95812-3035) in accordance with the California Government Code provisions and the other provisions of the law governing submission of such claims. In-addition,.unless notified otherwise or on behalf of the California Conservation Corps, motor vehicle liability claims may be forwaMa-a to the California Department of General Services, Office of Risk and Insurance Ml iiiagement. (hereinafter referred to as "GRIM"), Claims Unit, 1325 J Street, Suite 1800, �acrsrnento, California 95814. . It should be noted, however, that the willingness of ORIIV.to receive such motor vehicle liability claims does not constitute a waiver by the State of C'b*l forniG dr.,he California Conservation Corps of the time limits or procedures provided by law or the filing of claims relating to such motor vehicle liability. It also should be noted that the.adorez�Ses cot forth in this paragraph are subject to change; any claimant is advised to verify thN aee:uracy. and currency of addresses for filing claims, and by setting forth addresses in this paragraph, neither the State of California nor the California Conservation Corps is waiving any time limits or procedures provided by law for filing claims related to alleged motor vehicle or general liability or any other alleged liability. The California Department of Personnel Administration has entered into a Master Agreement with the State Compensation Insurance Fund to administer workers' compensation benefits for State employees as required by the California Labor Code. J. Neither party may assign this contract or any interest therein without the written consent of the other party. K. All contracts relating to the construction or operation of the project, including those executed following completion of the project, shall contain a clause prohibiting discrimination against any employee.or employee applicant engaged in project work or project,operation, on the basis of race, religion, sex, color, ancestry, age, physical handicap or national origin. Such clause shall include all aspects of employer-employee and employer-employee applicant relations. Page 3 of 4 L. Subject to provisions herein, all remedies allowed by law are available to either party for enforcement of this contract. Any waiver of rights by either party or any matter relating to this contract shall riot be deemed to be a waiver on any other matter relating to this contract. M. If'any part of this contract is found to be invalid the remainder of the contract shall continue in effect. N. This contract may be modified by mutual written agreement of the parties. O. This agreement shall remain in effect unless terminated upon sixty (60) days written notice from either party to the other. P. No member of, or delegate to, Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend this agreement if made with a corporation for its general benefit. (Applicable only if Sponsor is an agency of the United States Government), [A] SPONSOR INFORMATION Agreement#: - - R 'Agency Code: Index#: Sponsor Name: James DeStefano Sponsor Deartment: Conimunit Services Address: 21825 Copley Drive Cit :Diamond Bar County: Los Angeles State:CA ZIP: 91765 Contact Person:Al _son n;�,yp�p , 8ecrea oz? Phone: Q pecial is [B] SIGNATURE BLOCK IN WITNESS WHEREOF, the parties have agreed to the conditions of this Agreement as of. the date shown below. Sponsor Representative: f; P�r?in�t Name 5� n ure Date �--+r�u ITEC.. Director: Print Name Signature Date Page 4 of 4 Agenda# H _ uT► Meeting Date: 6/21/11 /rsor+" -- CITY COUNCIL r+�r f , 4 AGENDA REPORT 2POR �% TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: APPROVAL OF CONTRACT EXT NSION WITH EXCEL LANDSCAPE FOR LANDSCAPE MAINTENANCE SE VICES AT LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS #38, #39, AND #41 FOR THE 2011/12 AND 2012/13 FISCAL YEARS IN THE ANNUAL AMOUNT OF $329,675; PLUS A CONTINGENCY AMOUNT EACH YEAR NOT TO EXCEED $27,000 FOR AS-NEEDED WORK, FOR A TOTAL ANNUAL AUTHORIZATION OF $356,675. Recommendation: Approve. Financial Impact: Funds for this contract are included in the adopted 2011/12 FY budget. Background: On July 1, 2002, the City Council awarded a contract to Excel Landscape for landscape maintenance services at nine (9) specific locations in Diamond Bar for an amount not to exceed $24,000 for the 2002/03 fiscal year. During the next eight years, the contract term was extended and maintenance service locations were added. The most recent contract extension was for the term of July 1, 2010 through June 30, 2011 and the contract amount was for $329,675. Parties desire to extend the contract for two years at the same contract amount for each year. Section 14B of the agreement with Excel Landscape authorizes the City Council to extend the term of the agreement for two years when no CPI increase is sought by the contractor. Discussion: Staff is seeking to extend the contract with Excel Landscape for a two year period, July 1, 2011 through June 30, 2013 for an annual contract amount of$329,675. Staff is also seeking approval for up to $27,000 each fiscal year in case staff has to assign as-needed work to this contractor in the districts. The type of as-needed work normally performed is related to irrigation repairs and landscape replacement. This results in a total annual authorization amount not to exceed $356,675. There will be no CPI increases during the two year period, just as there were no CPI increases the past two years. The areas that are included in this contract for the period of July 1, 2011 through June 30, 2013 to be maintained by Excel Landscape are: Lighting and Landscape Maintenance District#38 Lighting and Landscape Maintenance District#39 Lighting and Landscape Maintenance District#41 Maintenance specifications for the three districts are on file in the City Clerk's office. Attachment: Maintenance Services Agreement dated June 21, 2011. PREPARED D REVIEWED BY: Bob &We Community Services Director representative, and will be retained five years after final payments are issued and other pending matters are closed. 26. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City, This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 27. Exhibits, All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. 11cityll ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: Michael Jenkins, City Attorney "Contractor" �BPresideat TITLE State of California Contractor's License No. 694553. Contractor's Business Phone 951 735-9650 Emergency Phone 951 735-9650 at which Contractor can be reached at any time. MAINTENANCE SERVICES AGREEMENT FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS #38, #39 & #41 THIS AGREEMENT is made as of June 21, 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and Excel Landscape ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide city-wide tree maintenance services. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Lighting and Landscape Maintenance District Maintenance Services in the City of Diamond Bar. The work to be performed shall be in accordance with the Specifications dated May 18, 2010. 2. Incorporated Documents To Be Considered Complementary. The Specifications (Exhibit "A") are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Specifications, CONTRACTOR'S Proposal dated June 7, 2011 (Exhibit "B"), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 or Section 14 B herein, until June 30, 2013. This Agreement may be extended as set forth in Section 14. 4. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an annual amount not to exceed the grand total of Three Hundred Twenty-Nine Thousand Six Hundred Seventy-Five Dollars ($329,675)' in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. 5. Addresses. City: James DeStefano, City Manager Contractor: Jose Alfaro, President City of Diamond Bar ExcelLandscape 21825 Copley Drive 710 Rimpau Avenue, Suite 108 Diamond Bar, CA 91765-4178 Corona, CA 92879-5724 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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 Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor 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. I B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of 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 Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured 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. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of 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 that A V11. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less 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. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor 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. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of Interest. A. Contractor 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 Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. Extension Options. A. The City Council shall have the option to extend this Agreement for no more than one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. B. The City Council shall also have the option to extend this Agreement for a multiple year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPI increase during the entire extension period. If this option is selected, Contractor obtains the right to terminate the contract after the first year of the multiple year period, with 180 days written notice to the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. C. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods as set forth in Section 14. A., the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 15. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per them wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per them wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 17. N on-Discri m i nation and Equal Employment Opportunity. k Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor 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, 18. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non-Waiver offerms, 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 Contractor 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 Contractor, 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. 21. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. 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. 25. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 26. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 27. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: Michael Jenkins, City Attorney "Contractor" By: TITLE State of California Contractor's License No. 694553. Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time. EXHIBIT B ELLANDSCAPE 710 Rimpau Ave, Suite 108 * Corona, California 92879 94C (951) 735-9650 Fax: (951) 735-0469 • tic. #694553 June 7, 2011 City of Diamond Bar Attn: Bob Rose 21825 E. Copley Dr. Diamond Bar, CA 91765-4178 Re: Landscape Maintenance Contract Dear Bob, This letter is to confirm our interest in extending our current maintenance agreement for services for Specific Land Maintenance Districts. We are willing to extend for the two year period as outlined in section 28.04 of the specifications. We look forward to the opportunity to continue providing services to your city. Please call to discuss or if you have any questions. Sincerely, Jose Alfaro President JA:dap CC: Anthony Jordan Exhibit C— Compensation Schedule ExcelLandscape Landscape Maintenance Locations per District maps provided in the City-wide Landscape Maintenance Specifications, as amended on 5/18/10 and on file in the City Clerk's Office. Break-out Per District for 2011/12 and 2012/13 Fiscal Years: 11/12 & 12/13 FY Contract Contractor Amounts 1. Lighting and Landscape Maintenance District#38: Excel $140,617.00 2. Lighting and Landscape Maintenance District#39: Excel $139,331.63 3. Lighting and Landscape Maintenance District#41: Excel $49,726.37 Total Contract Amount for items 1 thru 3 above for each Fiscal Year: $329,675.00 Total Authorization: 2011/12 Contract Amount: $329,675 2011/12 Potential As-Needed Work: 27,000 2011/12 Authorization: $356,675 2012/13 Contract Amount: $329,675 2012/13 Potential As-Needed Work 27,000 2012/13 FY Authorization $356,675* Limited to amount approved in 2012/13 FY Adopted Budget. Agenda # 6 . 7-(d) Meeting Date: 6/21/11 ca- „-t-oF-rr� CITY COUNCIL AGENDA REPORT JNA<>RPCIRA�'9 �'9S9 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana& 10 TITLE: APPROVAL OF AMENDMENT#11 AGREEMENT WITH ACCESS CONTROL SECURITY TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2011 THROUGH JUNE 30, 2012 IN THE AMOUNT NOT-TO-EXCEED $30,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Costs related to security guard services for private rentals ($26,500 estimate) will be recovered through fees charged in rental contracts for use of the Diamond Bar Center. Security guard costs of $2,300 for special events and of$1,200 for late night security are included in the 2011/12 FY general fund budget and are not recovered. BACKGROUND: The City Manager approved the original contract with Access Control Security in the amount of$5,000 on August 16, 2010 to provide security guards at the Diamond Bar Center and at City Special Events. The City Council then approved an increase in the contract amount to $30,000 on November 2, 2010. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. Staff is seeking City Council approval to extend the contract for the period of July 1, 2011 through June 30, 2012 in the amount not-to-exceed $30,000. DISCUSSION: Access Control Security provides guards for Diamond Bar Center rentals, City Special Events, and late night activities. Staff estimates that $26,500 will be spent on guards for private rentals, $2,300 for special events and $1,200 for late night security at the Diamond Bar Center for building security and staff safety, for a total contract amount of$30,000. It is anticipated that $26,500 of this amount will be recovered through fees charged for private rentals. Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of$25,000 without prior approval from the City Council. Staff anticipates expenditures of$30,000 for security guard services during the 2011/12 fiscal year. PREPARED BY: Christy Murphey, Recreation Superintendent REVI E Y B s Community Services Director Attachment: Amendment#1 AMENDMENT #1 TO AGREEMENT THIS AMENDMENT#1 TO SECURITY GUARD SERVICE AGREEMENT is made this 21"day of June,2011 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California("CITY")and ACCESS CONTROL SECURITY("CONTRACTOR"). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY August 16,2010 ("the AGREEMENT")to provide Security Guards for Diamond Bar Center rentals and City Special Events. b. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months. Now,therefore,the parties.agree to amend the AGREEMENT as follows: Section I —Tenn of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2011 through June 30, 2012. Section 2—Compensation provided in Section 3 of the AGREEMENT shall remain the amount not to exceed $30,000. Except as provided above,the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this AMENDMENT#1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR ACCESS CONTROL SECURITY A Municipal Corporation Of the State of California Contractor Signed Signed Steve Tye Mayor Title APPROVED TO FORM City Attorney City Clerk Agenda # 6 . 7 (e) Meeting Date: 6121111 ciTr CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: APPROVAL OF AMENDMENT#13 TO AGREEMENT WITH TENNIS ANYONE TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2011 THROUGH JUNE 30, 2012 IN THE AMOUNT OF $70,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds to pay for this contract come from revenue collected from participants who take tennis instruction classes in the City's Recreation Program. Total estimated revenue for the 2011/12 Fiscal Year from tennis instruction is $102,000. From this amount, $70,000 is paid to the contractor and $32,000 is retained by the City. BACKGROUND: The City Council awarded a contract to Tennis Anyone on July 1, 2008 to provide tennis classes in Diamond Bar for the period of July 1, 2008 through June 30, 2009 in the amount of $65,000. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. City Council approved Amendment #1 on June 16, 2009 and Amendment#2 on July 7, 2010. Staff is seeking City Council,approval to extend the contract for the period of July 1, 2011 through June 30, 2012 in the amount not-to-exceed $70,000. DISCUSSION: City Recreation staff estimates a total of 900 participants will take lessons from Tennis Anyone during the 2011/2012 Fiscal Year. Tennis Anyone has consistently provided quality tennis instruction to the residents of Diamond Bar during the term of this contract. PREPARED BY: Christy Murphey, Recreation Superintendent REV W Y: Rose Community Services Director Attachment: Amendment#3 to Tennis Instruction Service Agreement AMENDMENT#3 TO TENNIS INSTRUCTION SERVICE AGREEMENT THIS AMENDMENT#3 TO TENNIS INSTRUCTION SERVICE AGREEMENT is made this 21st day of June, 2011 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and TENNIS ANYONE (CONTRACTOR). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2008 ("the AGREEMENT") for recreational tennis instruction. b. Parties agreed to Amendment#1extending the term from July 1, 2009 through June 30, 2010. C. Parties agreed to Amendment#2 extending the term from July 1, 2010 through June 30, 2011. d. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 —Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2011 through June 30, 2012. Section 2 — Compensation provided in Section 3 of the AGREEMENT is revised to an amount not-to-exceed $70,000 for the term of July 1, 2011 to June 30, 2012. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT#3 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR TENNIS ANYONE A Municipal Corporation Contractor Of the State of California Signed Signed Steve Tye Mayor Title APPROVED TO FORM City Attorney City Clerk Agenda # 6 . 7 (f) Meeting Date: 6/21/11 rF� CITY COUNCIL AGENDA REPORT JNCORPow . �'9S9 TO: Honorable Mayor and Members of the City Council VIA: James.DeStefano, City Mana TITLE: AUTHORIZATION TO EXCEED T E CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT-TO-EXCEED $70,000 FOR THE 2011/12 FISCAL YEAR. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for these services are included in the General Fund and Proposition A (Transportation) Fund of the 2011/12 fiscal year budget. General Fund costs are recovered by the City through fees collected from program participants. BACKGROUND/DISCUSSION: Inland Empire Stages Limited provides excursion services for seniors and adults throughout the year. This includes the coordination of transportation on a luxury bus, entrance tickets and lunch or dinner for participants. Although each bus excursion conducted by the City of Diamond Bar is bid separately to several companies, Inland Empire Stages Limited has consistently been the low bidder on most trips for the past,eight years. Staff expects this bidding pattern to continue in the 2011/12 Fiscal Year. City staff and trip participants report that even with the low prices, Inland Empire Stages Limited continues to be extremely professional, and is very responsive in fulfilling the needs of the City and its participants. Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of$25,000 without prior approval from the City Council. .Staff anticipates expenditures of$50,000 for senior excursions and $20,000 for adult excursions for the 2011/12 fiscal year, for a total estimated expenditure of$70,000. PREPARED BY: Christy Murphey, Recreation Superintendent REV,I' B i i oe Community Services Director Agenda # 6 . 7 (a) Meeting Date: 6/21/11 CITY COUNCIL �� ��� 19 AGENDA REPORT jYr,•rRecis�' � TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: EXTENSION OF CONTRACT WIT VALLEYCREST LANDSCAPE MAINTENANCE FOR THE TERM OF JULY 1, 2011 THROUGH JUNE 30, 2013 TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT 9 CITY PARKS, THE GROUNDS OF THE DIAMOND BAR CENTER, THE FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, AND THE TRAIL/TRAIL HEAD AT SYCAMORE CANYON PARK, IN THE AMOUNT OF $362,995 EACH FISCAL YEAR, AND AS-NEEDED WORK IN THE AMOUNT OF $25,000 EACH FISCAL YEAR FOR A TOTAL AUTHORIZATION NOT TO EXCEED $387,995 ANNUALLY. RECOMMENDATION: lApprove. - FINANCIAL IMPACT: Approval of this contract will authorize staff to expend up to $387,995 for Landscape Maintenance Services during the 2011/12 fiscal year. Funds are included in the adopted 2011/12 FY budget. Funding for the 2012/13 fiscal year is pending the adoption of the 2012/13 FY budget next year. BACKGROUND: The locations to be maintained by ValleyCrest Landscape Maintenance are: 1. Diamond Bar Center— 1600 S. Grand Ave. 2. Paul C. Grow Park—23281 Forest Canyon Drive 3. Heritage Park—2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 S. Diamond Bar Blvd. 5. Maple Hill Park- 1309 S. Maple Hill Road 6. Pantera Park- 738 Pantera Drive 7. Peterson Park—24142 E. Sylvan Glen Drive 8. Ronald Reagan Park—2201 Peaceful Hills Road 9. Starshine Park—20839 Starshine Road 10. Summitridge Park 1425 Summitridge Drive 11. Sycamore Canyon Park—22930 Golden Springs Drive 12. Sycamore Canyon Trail&Trail Head Section 14 of the contract allows the City Council to extend the contract. ValleyCrest has agreed to a two-year extension with no C.P.I. increase. Staff is recommending approval of the contract for two years; DISCUSSION: ValleyCrest Landscape Maintenance has maintained these areas for the past four years. It has been staff's experience with_ValleyCrest that they provide excellent and responsive service, plus maintain a forward-looking`philosophy that results in the ever increasing beauty of the facilities they maintain. ValleyCrest has been providing landscape maintenance service at Peterson and Pantera Parks since April, 2003. Summit Ridge Park and the Diamond Bar Center grounds were added in October-, 2004 and-Lorbeer Middle School was.added in July, 2006;_Seven.(7) additional locations were added to ValleyCrest's contract for the 2007/08 FY: Paul C. Grow, Heritage, Maple Hill, Ronald Reagan, Starshine, Sycamore Canyon, plus the Trail & Trail Head at Sycamore Canyon Park. Staff believes their proven quality of service, work ethic and philosophy will continue to best meet the needs of these facilities. Additional work items in the $25,000 contingency include: 1. Improvements to middle field and as-needed work at Lorbeer Middle School -- $4,000 2. As-needed work at other City Parks -- $21,000 PREPARE D REVIEWED BY: ose Community Services Director Attachment: Maintenance Services Agreement dated 6/21/11 with ValleyCrest Maintenance for the period of July 1, 2011 through June 30, 2013. PARKS MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT,is made as of June 21, 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and ValleyCrest Landscape Maintenance ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide city-wide tree maintenance services. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration p y p he covenants and conditions ' n of performance b the parties of t herein contained,the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and. do the work for Parks Maintenance. Services. in the City, of Diamond Bar. The work to be performed shall be in accordance with the Specificatins dated July 1, 2007. 2. Incorporated Documents To Be Considered. Complementary. The Specifications (Exhibit "A") are incorporated herein by reference and made a part hereof with,like force"and effect as if set forth in full herein. The Specifications, CONTRACTOR'S Proposal dated May* 2011 (Exhibit "B°), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. S. Term of Agreement. This Contract and unit.prices shall take effect July 1, 2011, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 herein, until June 30, 2013.This.Agreement may be extended as set forth in Section 14. 4. Compensation. City shall pay to the.Contractor for furnishing all material and doing the prescribed work an annual amount not`to,exceed the grand total of Three Hundred Sixty-Two Thousand Nine Hundred Ninety-Five Dollars ($362,995 in accordance with the unit rates set forth in the Compensation`Schedule, attached hereto as Exhibit "C and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. .5. Addresses. City: James DeStefano, City Manager Contractor: City of Diamond Bar ValleyCrest Landscape Maintenance 21825 Copley Drive 8726 Calabash Road Diamond Bar, CA 91765-4178 Fontana, CA 92335 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. ' Contractor 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 Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. . 8. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is . caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or, actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall. reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier. of fact to have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of 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 Contractor, its officers,, employees, agents, and independent contractors in performance of services under this Agreement', (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount _required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured 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. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving.City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of 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 that A VII. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less 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. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductibleof the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as. damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with.Contractor's prior.written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by;Contractor 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. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which maybe affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearanceofhaving any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor 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. Contractor'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. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 14. Extension Option. A. The City Council shall have the option to extend this Agreement for no more than one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. B. The City Council shall also have the option to extend this Agreement for a multiple year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPI increase during the entire extension period. If this option is selected, Contractor obtains the right to terminate the contract after the first year of the multiple year period, with 180 days written notice to the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. C. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods asset forth in Section 14. A., the Contractor's unit prices shall be subject toadjustmentat the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the, City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 16. Personnel. Contractor 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 Contractor or under it supervision; and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7 Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the:State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar; 21825 Copley Drive, Diamond Bar, California,- and are available to any interested party on request: City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25,00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 17. Non-Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor 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. 18. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising : hereunder shall be void and of no effect. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. 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 Contractor 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 Contractor, 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. 21. Mediation. Any dispute or controversy arising under this Agreement, orin connection with any of the terms and conditions hereof, shall be referred by the.parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to. utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of.the State of California. 24. 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. 25. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 26. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be c 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. 27: Exhibits., All exhibits referred to in this Agreement are incorporated herein by this reference: IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ficity„ ATTEST: CITY OF DIAMOND BAR' By: By: Tommye Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: Michael Jenkins, City Attorney "CONTRACTOR" By: nye ,47 i^ TIT State of California "CONTRACTOR'S" License No..266211. CONTRACTOR'S Business Phone Emergency Phone .5�/- at which CONTRACTOR can be reached at any time, EXHIBIT B ValleyCrest Landscape Maintenance May 4, 2011 s726 Calabash lea Fontana,California 92335 Bob Rose lel:909.349.1802 City of Diamond Bar lax:909.350.9220 21825 Copley Dr. www.valleycrest.coni Diamond Bar, CA 91765 Bob, ValleyCrest Landscape Maintenance would like to extend its gratitude to the City of Diamond Bar for its business during the past few years and would like to accept your proposed renewal for at the current price for the next two years. As your landscape maintenance professionals, it has been a welcomed challenge maintaining the cities Parks, Community Centers and Sports fields throughout the city and we truly appreciate the trust you have given our team. Although our cost for items such as fuel, equipment, and materials has increased significantly we at ValleyCrest feel our partnership is a mutually beneficial one and are willing to maintain our current price during these tough economic times in the hopes that it will strengthen our relationship and when the economy improves we can re-look at the CPI. In addition if there are any other areas where we can be of service to the city, please let us know. Maintaining our price per sq/ft is challenging and it would be of great benefit if we were able to grow the partnership and increase the overall sq/ft. If you have any other questions about this issue or would like to arrange a meeting to discuss this matter further, please feel free to call me at(951) 858-4941. Sincerely, George Magana Branch Manager ValleyCrest Landscape Maintenance Landscape Development landscape iV(aintenance GOH Course.Maintenance 'free Company; , Exhibit C VALLEYCREST LANDSCAPE MAINTENANCE Facility Maintenance Locations, (7/1/11 - 6/30/13) 1. Diamond Bar Center— 1600 S. Grand Ave. 2. Paul C. Grow Park-23281 Forest Canyon Drive 3. Heritage Park—2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 S. Diamond Bar Blvd. 5. Maple Hill Park- 1309 S. Maple Hill Road 6. Pantera Park—738 Pantera Drive 7. Peterson Park—24142 E. Sylvan Glen Drive 8. Ronald Reagan Park- 2201 Peaceful Hills Road 9. Starshine Park—20839 Starshine Road 10. Summitridge Park- 1425 Summitridge Drive 11. Sycamore Canyon Park-22930 Golden Springs Drive 12. Sycamore Canyon Trail &Trail Head 2011/12 Contract Amount: $362,995 2011/12 Potential As-Needed Work: 25,000 2011/12 Authorization: $387,995 2012/13 Contract Amount: $362,995 2012/13 Potential As-Needed Work 25,000 2012/13 FY Authorization $387,995 * Limited to amount approved in 2012/13 FY Adopted Budget. Agenda# 6 . 7 (h) Meeting Date: 6/21/11 CITY CITY COUNCIL AGENDA REPORT r�Sg TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma ac TITLE: APPROVAL OF AMENDMENT 46.A TO CONTRACT WITH WEST COAST ARBORISTS FOR CITY-WIDE TREE MAINTENANCE AND WATERING SERVICES IN THE CITY OF DIAMOND BAR FOR THE 2010/11 FISCAL YEAR ADDING $12,000 TO THE AUTHORIZED AMOUNT OF $177,800 RESULTING IN A TOTAL NOT TO EXCEED AMOUNT OF $189,800. RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend an additional $12,010 for City-Wide Tree Maintenance and Watering Services during the 2010/11 fiscal year, for a total authorization of$189,800. Funds for this increase are included in the 2010/11 FY budget and will be transferred to the Tree Maintenance /Watering account from the Public Works Striping and Signing account as follows: Funding Source Current Appropriation Adjustment Adjusted Budget PW Striping & Signing (45506) 50,000 (10,000) 40,000 Tree Maintenance /Watering 179,800 10,000 189,800 BACKGROUND / DISCUSSION: On June 16, 2009, the City Council approved contract Amendment#5 to extend the contract with West Coast Arborists for city-wide tree maintenance services for a two-year term, 2009/10 and 2010/11 fiscal years. The amount of the contract for each fiscal year was $177,800. The actual amount appropriated for tree maintenance services in the 2010/11 FY budget was $179, 800, $2,000 more than was authorized when the contract was approved two years ago. Due to additional work requested by staff related to sidewalk repairs in June, 2011, West Coast Arborist will exceed the contract amount by approximately $12,000. Staff is seeking City Council approval to increase the contract amount by $12,000, for a total authorization of $189,800 for the 2010/11 Fiscal Year. Funds for this increase are available from unexpended funds in the 2010/11 FY budget. Attachment: Amendment#6-A to Tree Maintenance Services Contract for the period of July 1, 2010 —June 30, 2011 PREPARED AND REVIEWED BY: Bob Wosd Community Services Director AMENDMENT#6-A TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 21st day of June, 2011 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and WESTCOAST ARBORISTS, INC, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance Services on July 5, 2005 In the amount of$150,000 for the period of July 1, 2005—June 30, 2006. b. Amendment#1 was approved on February 21, 2006 to increase tree maintenance a services to the mount of$235,125. C. Amendment#2 was approved on June 20, 2006 to extend the contract for the period of July 1, 2006—June 30, 2007 in the amount of$230,000. d, Amendment#3 was approved on May 1, 2007 to extend the term from July 1, 2007 through June 30, 2008 in the amount not to exceed $238,050. e. Amendment#4 was approved on June 3, 2008 to extend the term from July 1, 2008 through June 30, 2009 in the amount not to exceed $177;800. f. Amendment#5 was approved on June,16, 2009 to extend the term from July 1, 2009 through June 30; 2011 in the annual amount not to exceed $177,800 for each fiscal year. g. Parties desire to amend the contract to add $12,000 to the contract for a total authorized amount not to exceed $189,800 for the 2010/11 FY. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 —Contract price of AGREEMENT provided in Section 11 is amended to a not to exceed amount of$189,800 for the 2010/11 FY. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT#6-A TO CONTRACT AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR WEST COAST ARBORISTS INC. A Municipal Corporation Contractor Of the State of California Signed Signed Steve Tye Y Title: Mayor Title pp-06"l 0 r-1-r APPROVED TO FORM .City Attorney City Clerk ............ .......... ........ ............. ................. AMENDMENT #6-A TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 21st day of June, 2011 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and WESTCOAST ARBORISTS, INC, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance Services on July 5, 2005 in the amount of$150,000 for the period of July 1, 2005 — June 30, 2006. b. Amendment #1 was approved on February 21, 2006 to increase tree maintenance services to the amount of$235,125. C. Amendment#2 was approved on June 20, 2006 to extend the contract for the period of July 1, 2006 — June 30, 2007 in the amount of$230,000. d. Amendment #3 was approved on May 1, 2007 to extend the term from July 1, 2007 through June 30, 2008 in the amount not to exceed $238,050. e. Amendment#4 was approved on June 3, 2008 to extend the term from July 1, 2008 through June 30, 2009 in the amount not to exceed $177,800. f. Amendment#5 was approved on June 16, 2009 to extend the term from July 1, 2009 through June 30, 2011 in the annual amount not to exceed $177,800 for each fiscal year. 9. Parties desire to amend the contract to add $12,000 to the contract for a total authorized amount not to exceed $189,800 for the 2010/11 FY. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Contract price of AGREEMENT provided in Section 11 is amended to a not to exceed amount of $189,800 for the 2010/11 FY. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT#6-A TO CONTRACT AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR WEST COAST ARBORISTS, INC. A Municipal Corporation Contractor Of the State of California Signed Signed Steve Tye Title: Mayor Title APPROVED TO FORM City Attorney City Clerk Agenda # 6 . 7 (i) Meeting Date: 6121111 -------------- -------- CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manak TITLE: APPROVAL TO EXTEND THE VE DOR SERVICES CONTRACT WITH D.H. MAINTENANCE SERVICES FOR THE TERM OF JULY 1, 2011 THROUGH JUNE 30, 2014 TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE AMOUNT OF $155,832 EACH FISCAL YEAR, AND AS- NEEDED WORK IN THE AMOUNT OF $35,000 EACH FISCAL YEAR FOR A TOTAL AUTHORIZATION NOT TO EXCEED $190,832 EACH FISCAL YEAR. RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend up to $190,832 for Janitorial and Building Maintenance Services during the 2011/12 fiscal year. Funds are included in the adopted 2011/12 FY budget. Funding for the 2012/13 and 2013/14 fiscal years is pending the adoption of the budgets for those fiscal years. BACKGROUND: D.H. Maintenance Services has provided janitorial services at the Diamond Bar Center since it opened in March, 2004. They have been providing service at Heritage and Pantera park buildings since August, 2004. Staff believes they are doing an excellent job providing these services. Section 14 8 of the contract authorizes the City Council to extend the term of the agreement for three years when no CPI increase is sought by the contractor, if an extension is deemed to be in the best interest of the City. D.H. Maintenance is offering to extend the contract for three years at the same amount as the current contract for each year. Staff recommends that the City Council approve the extension of the contract. DISCUSSION: Planned contract services each fiscal year for D.H. Maintenance Services: 1. Regular monthly Service for Diamond Bar Center— 12 mos. @ $2,407.83 per mo. $28,894 (includes High Cleaning) 2. Building Maintenance staffing at Diamond Bar Center seven days per week = $118,116 ($9,843 per mo. for 4 staff @ 40 hrs/wk) 3. Regular monthly Service for Heritage Park Com Center— 12 mos. @ $481.67 per mo. = $5,780 (Service seven days per week) 4. Regular monthly Service for Pantera Act Room — 12 mos. @ $253.50 per mo. = 3,042 (Service five days per week) Sub-Total: $155,832 5. Staff assistance as requested by City staff for events and activities @ $14.00 per hr = 35,000 GRAND TOTAL FOR EACH FISCAL YEAR NOT-TO-EXCEED $190,832 PREPA ED REVIEWED BY: BAs6sO Director of Community Services Attachments: Contract dated 6/21/11 for term of 7/1/11 —6/30/14 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. 11cityll ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: Michael Jenkins, City Attorney "Contractor" B TITLE Contractor's Business Phone L-76oc.2-1- e Emergency Phone -n C 0 ) 5 at which Contractor can-be reached at any time. MAINTENANCE SERVICES AGREEMENT FOR JANITORIAL AND BUILDING MAINTENANCE AT THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND THE PANTERA PARK ACTIVITY ROOM THIS AGREEMENT is made as of June 21, 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and D.H. Maintenance Services ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide city- wide tree maintenance services. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Janitorial and Building Maintenance Services at the Diamond Bar Center, Heritage Park Community Center and the Pantera Park Activity Room in the City of Diamond Bar. The work to be performed shall be in accordance with the Specifications dated July 1, 2004. 2. Incorporated Documents To Be Considered Complementary. The Specifications (Exhibit "A") are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Specifications, CONTRACTOR'S Proposal dated March 28, 2011 (Exhibit "B"), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 or Section 14 B herein, until June 30, 2014. This Agreement may be extended as set forth in Section 14. 4. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an annual amount not to exceed the grand total of One Hundred Fifty-Five Thousand Eight Hundred Thirty-Two Dollars ($155,832) in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. 5. Addresses. City: James DeStefano, City Manager Contractor: George Wallis, Owner City of Diamond Bar D.H. Maintenance Services 21825 Copley Drive 2320 Back Nine Street Diamond Bar, CA 91765-4178 Oceanside, CA 92056 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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 Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification.' Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of 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 Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured 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. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of 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 that A VII. C. , Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less 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. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor 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. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of Interest. A. Contractor 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 Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. Extension Options. A. The City Council shall have the option to extend this Agreement for no more than one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. B. The City Council shall also have the option to extend this Agreement for a multiple year period (up to three years), if the contractor'agrees to waive its opportunity to receive a CPI increase during the entire extension period. If this option is selected, Contractor obtains the right to terminate the contract after each year of the multiple year period, with 180 days written notice to the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. C. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods as set forth in Section 14. A., the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year.. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 15. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Non-Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor 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. 17. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Compliance with Laws. Contractor 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 Contractor 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 Contractor, 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. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 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, designate 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. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. . 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. above.IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins, City Clerk Steve Tye, Mayor Approved as to form: By: Michael Jenkins, City Attorney "Contractor" By: TITLE Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time. i EXHIBIT B a�< D.H. Maintenance Services 2320 Back Nine Street Oceanside,CA 92056 • 1760)721-0440 1(626)818-7039 Fax:(760)721-4428 .March 28,2011 City of Diamond Bar 21825 Copley Drive Diamond Bar,CA 91765-4178 j Anthony fordan i Dear Anthony; On behalf of me and all of our people who work on your facilities I would like to express our appreciation for the relationship we have had with.the City of Diamond Bar in servicing your recreatibnal'facilities. Not only have we enjoyed the opportunity to care for the facilities,but have appreciated the kind and professional manner you and all the City personnel have shown us. i In the past years that we have been your service provider we have appreciated having this work and have never asked for a raise nor have we even taken advantage of our opportunity to submit for a C.P.T. i increase:We have done so in good faith and as-a show of appreciation for the work we have, In the current economic climate it has become even moxa important to be fiscally responsible dud cement relationships for mutual benefit.Thus we would like this letter to serve as our commitment to the City of Diamond Bar that we will hold to all of our current pricing for the next 3 fiscal years(July 1,2011 June 30, 2014) and will continue to follow the protocol of not asking for C.P.T.increasing during this same time period. It would seem that by so doing you can Iook in terrific pricing and proven service during these-uncertain times.And for us,we can care for the needs of our workmen and their need to support their families. We certainly-hope this will meet with your approval and will continue to provide servicing at our current level and rates until you indicate otherwise. Sincerely, j • George Wallis ! Owner I ; r "Dependable,Honest Maintenance Service since 7968" i EXHIBIT "Cyy 6/21/11 JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND THE PANTERA PARK ACTIVITY ROOM COMPENSATION SCHEDULE FOR CONTRACT PERIOD OF JULY ly 2011 THROUGH JUNE 30, 2014 Planned contract services each fiscal year for D.H. Maintenance Services: 1. Regular monthly Service for Diamond Bar Center— 12 mos. @ $2,407.83 per mo. $28,894 (includes High Cleaning) 2. Building Maintenance staffing at Diamond Bar Center seven days per week = $118,116 ($9,843 per mo. for 4 staff @ 40 hrs/wk) - 3. Regular monthly Service for Heritage Park Corn Center— 12 mos. @ $481.67 per mo. = $5,780 (Service seven days per week) 4. Regular monthly Service for Pantera Act Room — 12 mos. @ $253.50 per mo. = 3,042 (Service five days per week) Sub-Total: $155,832 5. Staff assistance as requested by City staff for events and activities @ $14.00 per hr = 35,000 GRAND TOTAL FOR EACH FISCAL YEAR NOT-TO-EXCEED $190,832 Cost of Three Year Contract: 2011/12 FY $190,832 2012/13 FY $190,832* 2013/14 FY $190,832* Limited to amount approved in 2012/13 FY and 2013/14 FY Adopted Budgets. Agenda # 6 .8 (a) Meeting Date: June 21, 2011 s, CITY COUNCIL t,• ,9 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r TITLE: Authorize the City Manager to ap rove Amendment No. 4 to the three- year Professional Services Agreement with SJC 3 Consultants in the amount of$30,000 for a not to exceed amount of$90,700 to administer the City's Home Improvement Program (HIP). RECOMMENDATION: Approve FINANCIAL IMPACT: There are sufficient funds in the FY 2011-12 Community Development Block Grant budget for this expenditure. The Federal Housing and Urban Development Agency (HUD) and Los Angeles County Community Development Commission (LACDC) program guidelines allow for up to a 20% administration charge for each CDBG funded program. The FY 2011-12 Home Improvement Program has a budget of $150,000, of which 20% or $30,000 is designated for program administration. BACKGROUND: The purpose of the Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City. Through the provision of grants and loans, eligible homeowners of single family detached dwellings can correct hazardous structural conditions; make modifications necessary to provide handicapped access; improve the overall exterior appearance of the home; and correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in the program Eligible participants may apply for grants of up to $5,000 and deferred loans of up to $10,000 for repairs to owner-occupied homes. DISCUSSION In July 2009 the City entered into a three-year agreement with SJC3 Consulting (SJC3) to administer the Program for an amount not to exceed $20,000 each fiscal year. In April 2009, the City Manager approved amendment number 1 to the agreement in the amount of $5,000 for a total contract of $25,000. The.increase was within the City Manager's spending authority and was required due to a large number of applicants that needed to be reviewed and processed. In May 2010, City Council approved amendment number 2 to the SJC3 contract in the amount of $12,500 for a total authorization of$32,500. On July 1, 2010 the Council appropriated $100,000 for the HIP program which included $20,000 for the HIP Consultant to administer the program. In May 2011 the Council appropriated an additional $50,000 of CDBG surplus funds to the HIP program. Of the additional $50,000, $41,000 was available for construction and $8,200 was spent on program administration. On July 1, 2011 the City will begin a new funding cycle for the CDBG HIP program. The HIP will have available $120,000 for home improvement construction for qualified participants and $30,000 for program administration. The program administration includes accepting applications, requesting additional information, verifying income levels, family status and number of individuals living in the household. In addition, program administration includes development of the specific work programs for each HIP project, bidding, and construction contract administration. If approved, the,total cost of the consultant contract since 2009 is $90,700 ($32,500 for FY 2009-10 and $28,200 for FY 2010-11, and $30,000 for FY 2011-12. PREPARED BY: David 06yle—, Ass" nager AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT WITH SJC3 CONSULTING FOR MANAGEMENT ANDADMINISTRATION OF THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) FUNDED THROUGH FEDERAL CDBG FUNDS This Amendment to the Consulting Services Agreement is made and entered into this 21't —day of June 2011 , between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as"CITY") and SJC 3 CONSULTANTS (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated July 7, 2009, with CONSULTANT to provide planning consulting services (hereinafter referred to as the "AGREEMENT".) (ii) The AGREEMENT specifies that it is for services with a cost not-to-exceed $20,000 for FY 2009-10 (iii) It is in the City's best interest to amend the AGREEMENT to increase the not-to- exceed amount for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit"A"with a exceed maximum of NINTY THOUSAND SEVEN HUNDRED DOLLARS ($ 90,700) in Community Development Block Grant(CDBG) funds for the services performed. Section 2: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 as of the day and year first set forth above: City Of Diamond Bar SJC 3 Consulting BY: -L���%�i`--� James DeStefano, City Manager Re na Collins, Principal ATTEST Tommye Cribbins, City Clerk 2 AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT WITH SJC3 CONSULTING FOR MANAGEMENT ANDADMINISTRATION OF THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) FUNDED THROUGH FEDERAL CDBG FUNDS This Amendment to the Consulting Services Agreement is made and entered into this 21st day of June 2011 , between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and SJC 3 CONSULTANTS (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated July 7, 2009, with CONSULTANT to provide planning consulting services (hereinafter referred to as the "AGREEMENT".) (ii) The AGREEMENT specifies that it is for services with a cost not-to-exceed $20,000 for FY 2009-10 (iii) It is in the City's best interest to amend the AGREEMENT to increase the not-to- exceed amount for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of NINTY THOUSAND SEVEN HUNDRED DOLLARS ($ 90,700) in Community Development Block Grant (CDBG) funds for the services performed. Section 2: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 as of the day and year first set forth above: City Of Diamond Bar SJC 3 Consulting BY: James DeStefano, City Manager Regina Collins, Principal ATTEST Tommye Cribbins, City Clerk _ Agenda # 6 . 8 (b) carr Meeting Date: June 21, 2011 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man -_�C TITLE: Approval of Amendment NtCG 3,566) to the Three-Year Contract to Diana Cho and Associates fContract Administration Services for a Not-to-Exceed Amount of$48,566. RECOMMENDATION: Approve and authorize City Manager to sign agreement. FINANCIAL SUMMARY: These services are paid for by Community Development Block Grant funds and there are sufficient funds allocated in the FY 2011-12 budget for this expenditure. The expenditure authorization of $23,566 for FY 2011-12 is within the 7.5% spending cap for the CDBG administrative costs. BACKGROUND: Each year the City receives Community Development Block Grant funds. These funds are disbursed by the Federal Housing and Urban Development Department through the Los Angeles County Community Development Commission. The City uses these funds for a variety of programs and capital projects. Due to the significant restrictions on the use of these funds and the numerous regulations governing the spending and accounting of these funds, it is prudent to utilize the expertise of a CDBG specialist to monitor the expenditures and complete the reporting requirements. The Federal government recognizes this and as such authorizes a portion of the funds to be used for these services. DISCUSSION In June 2010, the City Council awarded a three-year contract to Diana Cho and Associates for CDBG contract administration. The first year costs were approximately $25,000 which, at that time, was approximately %10 of the City's CDBG allocation. The City was recently notified that the 10% administrative cost cap for the overall CDBG program administration has been reduced for the upcoming fiscal year to 7.5%. It should be noted that this reduction of overall CDBG program administration doesn't impact the authorized 20% administrative cost for the specific programs funded by CDBG funds. If approved, the combined authorized contract cost for Diana Cho and Associates to date will be $48,566 for a two year period. PREPARED BY: David Doyle, As"Eif_stanY(My l4anager Attachment: 1. Amendment No. 1 2. Contract with Diana Cho and Associates AMENDMENT NO. I TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT LABOR AND CONTRACT COMPLIANCE SERVICES This Amendment to the Consulting Services Agreement is made and entered into this 21st day of June 2011, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and DIANA CHO AND ASSOCIATES (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated July 1, 2010, with CONSULTANT t o provide CDBG Program Administration services (hereinafter referred to as the "AGREEMENT"). (iii) The CONSULTANT has requested, and CITY has approved, extending the existing agreement for an additional 12 months effective July 1, 2011. (iv) CONSULTANT will provide additional "as-needed" labor, contract compliance services, and technical assistance services for the City's Community Development Block Grant ("CDBG") for FY 2011-12 at a cost not to exceed Twenty- Three Thousand Six Hundred dollars ($23,566) for the fiscal year. (v) It is in the City's best interest to extend the AGREEMENT for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: 3. Compensation and Method of Payment City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services provided for hereunder, fees on a time and material basis at the rates set forth in the original Consulting Services Agreement, but in no event to exceed FORTYEIGHT THOUSAND FIVE HUNDRED SIXTYSIX DOLLARS ($48,566.00), which fees include all labor, materials, printing and other costs incurred in connection with the project. Section 2: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: City Of Diamond Bar Diana Cho And Associates BY: James DeStefano, City Manager Diana Cho, Principal City Manager Approved As To Form: City Clerk City Attorney AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MANAGEMENT AND ADMINISTRATION CONSULTING SERVICES This Agreement is made and entered into this 15th day of June 2010, by and between the City of Diamond Bar (hereinafter referred to as "CITY"), and Diana Cho and Associates hereinafter referred to as "CONSULTANT"). 1 DESCRIPTION OF WORK CONSULTANT shall.provide program management and administration services including labor, contract compliance services, and technical assistance for CITY'S Community Development Block Grant (CDBG) funded activities. The specific services to be provided shall be set forth in Exhibit "A" CONSULTANT Proposal, which is attached hereto and made a part hereof. 2. TIME OF PERFORMANCE This Agreement shall commence as of July 1, 2010 and shall remain in full force and effect until June 30, 2011. This Agreement may be extended upon request and approval by the CITY on an annual basis for an additional twenty-four(24) months until June 30, 201311 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of $25,000 in Community Development Block Grant(CDBG)funds for the services performed. All invoices submitted must include a detailed accounting of services rendered and time spent on each task. In no event should CONSULTANT billing exceed the not-to-exceed amount without prior written authorization by the CITY. 4. TERMINATION OF AGREEMENT This Agreement can be terminated by either party by giving written notice at least thirty (30) days prior to the effective termination date in the written notice. 5. RECORDS AND AUDITS The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24CFR Part 84, Sec. 84.53) 6. COMPLIANCE WITH FEDERAL REGULATIONS This Agreement is subject to and incorporates the terms of Subpart K of the CDBG Regulations and all other applicable Federal Standards Provision, inclusive of the following: Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONSULTANT setting forth the provisions of this nondiscrimination clause. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Title VI of the Civil Rights Act-of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Section 109,Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. 7. INTEREST OF MEMBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement, and the CONSULTANT shall take appropriate steps to assure compliance. 8. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public officials of such locality, who exercises any functions or responsibilities in connection with planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. 9. INTEREST OF CONSULTANT AND EMPLOYEES i The CONSULTANT covenants that it presently has no interest and shall not acquire interest; direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or 2 degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this Agreement, no person having such interest shall be employed. 10, INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the CITY or under CITY supervision or control. This Agreement is by and between the CONSULTANT and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership,joint venture, or association, between the CITY and the CONSULTANT. 11. SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by the CONSULTANT whose name is as appears first above written and said CONSULTANT shall not assign or transfer any interest in the Agreement without'the. prior written consent of the CITY. Claims for money by CONSULTANT from the CITY under this Agreement may not be assigned to bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. 12. INDEMNIFICATION CONSULTANT shall defend, indemnify and save harmless the CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including payment by CONSULTANT of any.and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including but not limited to, all consequential damages, to the maximum extent permitted by law. 13. 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 a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of$500,000.00; and (4)worker's compensation insurance with a minimum limit of$500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive genera) 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 cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of 3 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 worker's 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. 14. SEVERABILITY In the event that any covenant, condition or other provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope of breadth permitted by law. 15. INTERPRETATION No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 16. AMENDMENTS This writing, with attachments expressly referenced and incorporated herein, embodies the whole of the Agreement of the parties hereto. Except as herein provided, addition to or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment of this Agreement formally approved and executed by both parties. 17. WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 18. CONTRACT EVALUATION AND REVIEW The ongoing assessment and monitoring of this Agreement is the responsibility of the City Manager. The CITY will monitor and evaluate the CONSULTANT in the performance of this Agreement. 19. CHANGES The CITY may request changes in the scope of the services of the CONSULTANT to be performed` hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this Agreement. 4 20. REPORTS AND INFORMATION The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 21. PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the,services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 22. LOBBYING CERTIFICATION A. Federal Requirements The CONSULTANT CERTIFIES THAT: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement: (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer of employee of employee of any agency, Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Form-LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. (3) The CONSULTANT shall require that the language of this certification be included in all subcontracts'and that all subcontractors shall certify and disclose accordingly. B. County of Los Angeles Requirement The CONSULTANT certifies that: (1) It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of Los Angeles County Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; (2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County.Code; and; 5 - r (3) That any personlentitylfirm who seeks a contract with Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 23, NOTICES Notices, herein shall be.presented in person or by U. S. Mail, as follows: CITY: CONSULTANT: James DeStefano Diana Cho and Associates City Manager. Attention: Diana Cho City of Diamond Bar. 16716 Rocky Knoll Road 21825 Copley Drive Hacienda Heights,CA 91745 Diamond Bar, CA 91765 24. COMPLIANCE WITH LAWS All parties agree to be bound by applicable Federal, State, and local laws, ordinances, regulations and directives as they pertain to the performance of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ''CITY" ATTEST: CITY OF DIAMOND-BAR By: To— mmye A. Cribbins, City Clerk James DeStefano, City Manager Approved as to fort` City Attorne "CONSULTANT" By; Its: 6 Agenda # 6 . 8 (c) ;ATF` Meeting Date: June 21, 2011 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man ge TITLE: Approval of Contract with Hee International Inc. for Construction Management Services for the c nstruction of City Hall and the Los Angeles County Public Library for an amount to not exceed $426,351 and authorize a 5% contingency ($21,500)for additional as needed services RECOMMENDATION: Approve and authorize City Manager to sign agreement. FINANCIAL SUMMARY: While the FY 2010-11 budget contains a number of. City Hall/Library related expenditures, funds for construction management services were not allocated at the time of its adoption. Since funds budgeted for other construction-related services went unused during 2010-11 sufficient funds are available to cover construction management services, and therefore, no additional appropriation is required. If approved, these costs will not be realized until the 2011-12 fiscal year and will result in a decreased contribution to the General Fund Reserves of$98,463 at the end of this fiscal year. Similar to the City's contract with LPA (the architect responsible for design of City Hall and the library) the City will be reimbursed by the County of Los Angeles for its share of the cost for construction management services. As shown on the attached schedule of values, the total cost for construction management services is a not to exceed amount of$426,351. Of this amount, the County will reimburse the City $329,743. While the reimbursement agreements for both construction and construction management services have not yet been formally approved by the Board of Supervisors nor the City Council, staff has been working with County staff and the City Attorney on the agreements for the past several months and is close to a final document. It is anticipated that the agreements will be presented for Council and Board approval on July 5th. The City has minimal financial risk exposure by approving the construction manager contract in advance of the reimbursement agreement because the bulk of their work will commence once construction begins. BACKGROUND: The City is currently accepting bids for construction of City Hall and a library to be located at 21810 Copley Drive. The construction contract will be awarded to one general contractor based on the lowest responsible bid for construction of both facilities. By having a single contractor, the project will benefit from the efficiencies of a single general contractor, economies of scale for all subcontractor trade work, and the elimination of issues related to coordination of sequencing or phasing by separate contractors. In reality, however, the project is three separate and distinct projects with two separate funding sources and it must be managed as such. The project consists of construction of the library which costs will be paid by the County, City Hall construction to be paid by the City, and some common or shared areas in which both County and City will pay a portion of the expenses. The project is further complicated by having two separate and distinct timelines - City Hall on a condensed 20 week construction schedule, with move- in expected by early 2012 and the library on a longer schedule with an expected opening in late summer 2012. DISCUSSION Given the complex nature of the project, the extremely compact construction schedule (especially for City Hall), and the importance of managing and tracking the construction costs separately, it is recommended that the City participate in funding of a full time, contract construction manager and support staff. The County has maintained that it requires a full time construction management firm for its portion of the project and as a result the City, in partnership with the County, solicited bids from qualified construction management firms. The City issued a Request for Proposal and received bids from three qualified firms: Vanir, APSI, and Heery International. City and County staff reviewed the proposals and interviewed key personnel from each firm. As a result of this process, Heery International was unanimously selected by both City and County staff as the most qualified team to manage the project. As part of the bid process, Heery was required to submit an alternate bid to manage construction of both City Hall and the library. As a result of this request for an alternate bid, the City has the option of securing the services of Heery International at a lower cost than it could otherwise obtain as a-single project. In fact, both the City and the County benefit financially from the economies of scale and efficiencies of utilizing a single construction manager. With construction bids due back to the City on June 28, 2011 and the award of the construction contract scheduled for the July 5th City Council meeting, it is recommended that the City Council award a contract to Heery International tonight. This will allow the team time to familiarize themselves with the project documents, plans and specifications prior to the selection of the General Contractor. CONTINGENCY It is recommended that the Council authorize a 5% contingency for unforeseen expenses that occur in the field. The use of the contingency funds must be approved by the City Manager. Since the project is a complex tenant improvement or remodel of an existing facility, there are often unknown existing conditions that may cause additional time and or resources. The contingency will allow for the project to proceed if these conditions are encountered at the most expedient pace. PREPARED BY: David Doyle, Assistant C' Manager Attachment: 1. Proposal from Heery International 2. Schedule of values/cost breakdown June 6,2011 Mr.Tommye Cribbins Mr.David Doyle Architecture City Clerk Assistant City Manager Engineering City of Diamond Bar Interior Design 21825 Copley Drive Program Management Construction Management Diamond Bar,CA 91765 Facilities Management RE: CONSTRUCTION MANAGEMENT SERVICES DIAMOND BAR LIBRARY AND CITY HALL Dear Mr.Cribbins and Mr.Doyle: This request for qualifications for construction management services represents an exciting future for the City of Diamond Bar with the opportunity to improve your public Library and City Hall facilities to better serve your community and staff. We understand this project is highly visible and a significant event in the life of the City and community and thank you for the consideration to assist you in this important project. Heery has developed a team with relevant experience and qualifications to deliver your projects successfully: Our Team—Leading our Team is Construction Manager,Jimmy Jones. He brings experience assisting lo- cal jurisdictions to deliver public projects including Lewis Library,Fontana Heritage Center,City of Moreno Valley Library and San Luis Obispo Library. Supporting Jimmy,is Michael Boulton,LEED AP®,as Proj- ect Director with experience delivering a new library project and renovating an existing library for Ventura County Community College and.Providing administrative and document controls support is Jo Anne Sitjar,LEED AP who brings recent experience on the West Hollywood Library project.Additional support comes from David Sagherian,PE for scheduling review and Joe Varda for construction document review, whom have worked on nearly all of Heery's Los Angeles based projects. Providing technical guidance is Daniel Adams,CCM,LEED AP,who is currently the Program Manager for the City of West Hollywood Capital Projects including the 42,000 SF library also managed by the County of Los Angeles. Our Relevant Evperienee—Heery is a leader in assisting public agencies achieve the capital improvement goals. Much like City of Diamond's projects,we often provide more than one project to our clients which increases efficiencies. Relevant projects our proposed team has worked on include the City of Fontana Capital Improvements(Library,City Hall and Community Center),City of West Hollywood Library An- niversary Capital Project program(Library and City Hall),City of Moreno Library,and Ventura College Library and Learning Resource Center(part of a 60 project program). Our Approach—With over 59 years of project management experience,our approach is time tested,con- tinually refined,taught and applied to fit your needs.For the City of Diamond Bar,to successfully deliver two projects within the same structure on different schedules,(Library in 52 weeks,and the City Hall in 20 weeks),you need a Construction Manager who approaches the big picuture. For example with an earlier move in of staff in the City Hall,but a majority of work being done in the Library,therefore coor- dination of all major demolition for both projects should be identified within the construction documents Heery International, Inc. Agrouporprofessianal servkeprxtiees 6420 Wilshire Boulevard,18th Floor,Los Angeles,CA 90048 Telephone 323-651-1998 Fax 323-606-0248 Offices Nationwide I IP Page 2 to be completed within those 20 weeks,to minimize disruption of City Hall operations. Supporting our construction manager,is our senior scheduler who assists in identifing effeciences in the scheudling of both projects to improve operational needs. Our Commitment—We have built our reputation on repeat business from our clients.We approach every day with the intent on exceeding the City of Diamond Bar's expectations. Daniel Adams,is authorized to contractually obligate Heery and the proposed team members to perform the commitments included in the proposal.Our proposed cost proposal is valid for a period of 120 days beyond bid opening on June 6,2011. In addition,we have reviewed the Exhibit"A",draft Consulting Services Agreement with City and find the terms and conditions of the Agreement are acceptable.Heery also certifies that we will meet all City rules and regulations,and State and Federal nondiscrimination laws. His contact information is: Daniel Adams,CCM,LEED°AP Heery International,Inc. 6420 Wilshire Boulevard, 18th Floor Los Angeles,CA 90048 323.651.1998 phone 310.657.4780 direct 323.533.0387 cell dadams@heery.com Thank you for the opportunity to present our qualifications.We look forward to further discussing how we may assist you in the success of your project.Please contact me with any questions. Sincerely, HEERY INTERNATIONAL,INC. Daniel P.Adams,CCM,LEED AP Project Director Section Page Number (A) Binding Transmittal Letter previous pages (B)Technical Proposal I. Introduction 1 II. Qualifications Firm Capabilities- Library Experience 2 Team Organization and Qualifications 12 Approach 19 LEED Experience 23 III. References 24 IV: Scope of Work 25 V. Conflict of Interest 30 VI. Litigation 30 (C) Cost Proposal submitted separately I, Introduction Introduction In addition to the name,mailing address,telephone number of Heery has had the opportunity to assist local jurisdictions,like the City of Diamond Bar to de- the firm,and contact information liver capital programs. We bring the tools and flexibility of services to assist your existing staff for the firm's authorized contact person(telephone and e-mail to keep the Library and City Hall on budget,on schedule and at the intended quality. address),provide an overview of the proposal demonstrating What we understand about the Library and City Hall projects this far includes: the understanding of the project and the objectives for complet- . The 57,000 SF,two-story building will house the Library on approximately 3/4 for the first ing the tasks identified in the floor(approx.23,000 GSF)and the City Hall include the entire second floor and 1/4 of scope of work, the first floor(approx.34,000 SF). • Start of Library construction is summer 2011 and is expected to last 52 weeks.County move in activities will take 12 additional weeks.Construction cost estimated at$3,655,598 Contact Information: - Start of City Hall construction is summer 2011 and is expected to last 20 weeks.Construction Daniel Adams, CCM, cost estimated at$2,788,340. The City has a hard deadline for move in on January 1,2012. LEED®AP • Through an interlocal agreement between the City and County,the County will fund the cost Heery International, Inc. to renovate the libraries portion of the building and operate the library upon completion. 6420 Wilshire Boulevard . The City will manage the design and construction portion of both projects. 18th Floor Los Angeles, CA 90048 ° Because of the lack of time,the City has not done any value engineering or constructibility 323.651.1998 phone reviews and are looking for Heery to help them identify and manage any major issues. 310.657.4780 direct • LEED Certification for County Library is LEED Silver.The City shall to the extent fea- 323.533.0387 cell sible design and construct to the LEED Silver standard but is not certification. dadams@heery.com . Both the library and the City Hall portion of the project will be under one construction contract,with separate funding and invoicing. There are certain areas of the project that will encroach upon the other project,for ex- ample;secured space within the other projects footprint and technical interaction between the City and County i.e.data/phone ports within certain areas of the building,these areas will need to be identified and tracked for proper funding. • The majority of the demolition in the building is within the library portion of the proj- ect. However,coordination of all major demolition for both projects should be identified within the construction documents to be completed within those 20 weeks,to minimize disruption of City Hall operations. The City Hall portion of the project will have minimal impact on the HVAC system;how- ever the library portion of the project will have major modifications to the HVAC system to accommodate the specialized ceilings. • The solar panel system will be handled through an entirely different contract both in con- struction and management. page 1 {F s, t il.Qualifications Qualifications Provide a detailed account of the firm's experience and Heery International Inc.has delivered project and construction management services to primar- qualifications,including: ily public clients for more than 56 years.Heery has a reputation for creative solutions,well- o A description of the firm's managed projects and safe and efficient construction sites. Heery's Los Angeles has more than capabilities and experience managing similar public library 75 employees in Southern California. Hemy's Los Angeles ofrce has the honorable distinction construction projects. of being named CALM Southern California Chapter's 2010 Silver Circle Member Firm of the Year.Silver Circle Member Firm ofthe YearArvard recognizes continued excellence in tbefzeld Project/Construction Manage- ofconstruction management. ment capabilities include: • Project planning and launch Heery has a history of stable leadership and financial strength,and is consistently ranked an- Budget development and nually among the top professional services firms by industry publications such as Engineering monitoring News-Record and Building Design+Construction. • Feasibility studies • Estimating,estimate analysis, Heery has provided consulting,program,project,preconstruction and construction manage- and costing verification ment services to many public agencies in Southern California.This public-sector work totals • Management plan development over 350 separate commissions of all sizes,among which are more than 65 projects for the • Constructability reviews • Scheduling and schedule following cities: analysis • Banning • Mecca • Design standard development and compliance • Beverly Hills • Moreno Valley • Management Information ■ Buena Park • Murrieta Control Systems(MICS) • Project and program financial • Cerritos • Ontario tracking • Chula Vista • Palm Springs • Contract development assis- tance and development • Corona • Palmdale • Consultant administration • Community liaison assistance ' Culver City • Perris • Permit tracking and procurement • Escondido • Riverside • Design phase management • Bid and award phase management • Fontana • Santa Ana • Construction phase management • Hemet • Santa Barbara • Job site organization • Safety management • Indio • Santa Monica • Subconsultant coordination • Inglewood • Thermal • Closeout administration • Warranty issues management • Irvine • Thousand Oaks • Commissioning management • Lake Elsinore • Thousand Palms and commissioning services • Furniture planning and procure- • Long Beach • West Hollywood ment • Los Angeles • Testing and inspection admin- istration • Move Management services page 2 Library Experience Heery has assisted cities delivery of capital improvement projects including libraries and city hall projects both locally and nationally. On the following pages we have included a more detailed look at projects of key relevance to your project including: • Libraries • Experience delivering multiple projects • Represents our proposed team's experience These projects include: • City of Fontana Capital Improvements(Library and City Hall) • City of West Hollywood Library Anniversary Capital Project program (Library and City Hall) • City of Moreno Library • Ventura College Library and Learning Resource Center 777 7j Additional national library experience includes: �r k r !� ,�) } • Atlanta-Fulton County Library Capital Improvement Program,Phase I(8 new,2 remodel/ expansions),GA-est.$275 million(Heery/Russel Joint Venture) Jacksonville New Library Program(12 remodels,6 new),FL-$150 million • Nashville&Davidson Library Building Program(6 new),TN-$117 million 'k( • City of Gladstone Library,OR-$10 million 4;P M wig • Beaverton City Library,OR-$21.9 million • Cecil County Library,MC-$4.3 million Tennessee Libra Projects for Capital Projects, 5 new,3 remodels TN-$125 million Library j P� 1 ( ) National Archives Main Building(900,000 SF renovation),DC-$110 million i IIC41 r Ott page 3 Project Location: � r , Fontana,CA ° t v 19 Client: # td.. City of Fontana,CA r a `teas li Year Complete: �,' dE 2008 € "` HEERY June 15, 2011 David Doyle Assistant City Manager ,,, City of Diamond Bar 21825 Copley Drive Diamond Bar, California 91765 GM0. Re: Diamond Bar Library and City Hall Cost Proposal r*w.w Fwk"O pjv Dear Mr. Doyle: Heery International, Inc, respectfully submits this not to exceed cost proposal for Construction Management Services on the Diamond Bar Library project for the amount of$410,524. The cost for Construction Management Services is based on a Library construction schedule of 40 weeks with 8 additional weeks for move-in, The time frame for CM Services allows for two weeks before the start of construction and two weeks after the completion of the move-in. The cost breakdown for this work is as follows and is detailed in the attached spreadsheet (Diamond Bar Library; 6/15/11); Title Name Rate Amount Construction Manager JimmyJones $150.00/Hour $274,200.00 Project Administrator Jo Anne Sitjar $75.37/Hour $68,888.00 Project Director Michael Bolton $168.25/Hour $16,825.00 Technical Advisor Daniel Adams $194.20/Hour No Charge Construction Joe Varda $178.93/Hour $5,010.00 Document Reviewer Schedule Reviewer David Sagherian $200.02/Hour $6,801.00 Web-Based Constructware $899.00/license/year $10,800.00 Management Information Control System Expenses $2,333.33/month $28,000.00 TOTAL $410,524.00 Estimating Services(if John Reser $174.31/Hour Not Applicable required) Heery International,Inc. 6120 W+.atv0 OW Sate 16K Los Aq.i-.5.CA MR T 410'.-e 923 551151F F, ?7J{7347.8 ATMAMUMOMWVD DR BUM"TON COXAW CLEMJM L1A:lAS DOWER 9OM19GHrL WXJN IOWA Cn J�X9JN/4E tDAT%ti LOAD BF/a71.DS A"Y7ELES 1A4D1;D ALMF NASFASJ.B NEW TCYi1C+tEYlJ�W Oa+t+W Fftt,V)EiAfA 1'FY FOYR W Mtl SAOWAMO MATAI TV)ONKIMMA*NFMON W ON WA.WDTDN,DC VWA.STOWN G1 Diamond Bar Library and City Hall Construction Management Services Cost Proposal This cost proposal allows for staffing as follows: • CM services full time for the Construction Manager for the entire duration of the project. The Construction Manager is allowed for at half-time during the designated 8 week move-in time frame for the Library, • A Project Administrator is allowed for half-time through completion of construction. The Project Administrator will work a full-day when administering work for the project. The Project Administrator's work load will vary week to week but is estimated to equate to half- time when considering the full duration of construction. • A Project Director is allowed for as necessary to support the staff for the duration of the project. • A Technical Advisor to the Project staff is allowed for at no charge to the project. • Construction Document issues review of the 95%construction documents is allowed for within the first 21 days of the start of Heery's work on the project. • Construction schedule review, evaluation of and response to the Contractor's initial construction schedule and to the Contractor's monthly schedule updates. The cost for a final report is included in the price for this work. The final report shall include a summary project description,lessons-learned, progress photos,project team performance evaluations, accident reports and insurance certificates, file indexes and an electronic version of the Constructware project content. This cost proposal is based on use of Autodesk's "Constructware"management information control systems program. Twelve annual licenses are allowed for in the proposal as follows: City(2 each), County(4 each), Design Team (2 each), Contractor(2 each)and Construction Manager(2 each). The cost for expenses is based on a computer set-up cost of$10,000, a professional photographer to document the completed project($5,500),and monthly expenses($1,000/month)to cover incidental paper, office supplies and mailing costs required for Heery to perform its duties. The cost for reproduction of construction documents is assumed to be borne by the City/County, The cost for a land line telephone service and an internet T1 line are assumed to be borne by the Contractor. If the City wishes to contract with Heery for Construction Management Services for the concurrent City Hall project, Heery requests the additional amount of$15,827 to perform this work, This additional amount covers anticipated additional need for a Project Administrator for the duration of the City Hall project. The County/City will realize economies of scale for utilizing Heery for both I projects. The Heery fee (as quoted for the Library project only)can be allocated between the Library($328,278) and the City($97,974)as shown in the attached spreadsheet(Diamond Bar Library and City Hall; 6/15/11). June 15,2011 page 2' Diamond Bar Library and City Hail Construction Management Services Cost Proposal The cost for administration and coordination of Library FF&E(section 4.b.xix) is included in this proposal. if the County requires Heery to provide technical review of FF&E design and construction documents, Heery requests an additional fee of$15,000 to perform this service. This amount is based on 120 hours at a rate of$125.00/Hour. Thank you for this opportunity. We look forward to working with the City and County on this project. Cordially, HEERY INTERNATIONAL,INC. Daniel P.Adams Project Director Cc: Fred Hungerford, County Library June 15,2011 Page 3 DIAMOND BAR LIBRARY and CITY HALL P TOTAL Name Position Rate($/Hour) July August Sept Oct Nov Dec Jan Feb March Apr May lune Total Hours 160 184 168 168 160 160 168 152 176 168 80 84 Hours 160 184 168 168 160 160 168 152 176 168 80 84 Jimmylones Construction Manager $ 150.00 $Z4,000 $27,600 $25,200 $25,200 $24,000 $24,000 $25,200 $22,800 $26,400 $15,200 $12,000 $12,600 $274,200 Hours 120 138 126 126 120 80 80 80 80 80 40 42 Jo Anne Shier Project Administrator $ 75.37 $9,044 $10,401 $9,497 $9,497 $9,044 $6,030 $6,331 $5,728 56,633 $6,331 $3,015 $3,166 $84,716 Hours 161 2 21 2 21 2 21 2 �2 21 . David Sagherian IScheduler S 200.02 $3,200 5400 $400 5400 $400 $400 $400 $400 $400 $400 S0 SO $6,801 Hours 28 0 0 -0 ol 0 ol 0 0 ol 0 0 Joe Verde lConstruction Document Review $ 178.92 $5,010 $0 $0 TO Sol So $0 $0 $0 Sol $0 $0 SS,o10 Hours 10 10 10 10 101 10 10 10 10 10 0 0 Michael Boulton Project Director S 168.25 $1,683 $1,683 $1,683 $1,683 $1,683 $1,683 $1,683 $1,683 $1,683 $1,683 SO $0 576,825 N of Users 12 Constructware Mgmt info Control System $900/user/yr $10,800 SO $0 50 $0 $0 50 $0 $0 $0 $0 50 $10,800 Expenses Relmbursables Per Month $11,5001 $1,000 $1,000 $1,000 $1,000 $1,000 51,000 51,000 $1,000 $1,000 51,000 $6,500 $28,000 - TOTAL 1 $65,237 540,234 $317117 $36,1171 $35,259 $32,204 $33,706 $30,703 $35,2071 $33,7061 $15,8081 $426,351 COUNTY LIBRARY Name Position Rate($/Hour) July August Sept Oct Nov Dec Jan Feb March Apr I May June Total Hours 91 104 95 95 91 160 168 152 176 1681 80 84 Hours 91 104 95 95 91 160 168 152 176 168 80 84 Jimmy Jones Construction Manager $ 150.00 $13,615 $15,657 $14,246 $14,296 S13,615 $24,000 $25,200 $22,800 $26,400 $25,Zoo $12,000 $12,600 $219,679 Hours 45 52 48 48 45 80 84 76 88 84 40 42 Jo Anne Sitjar Project Administrator 5 75.37 $3,421 $3,934 $3,542 $3,592 $3,421 $6,030 $6,331 $5,728 $6,633 $6,331 $3,015 $3,166 $55,191 Hours 9 1 - 1 1 1 David Sagherian Scheduler $ 200.02 $1,824 5228 $228 $228 $228 $400 $400 S400 $400 S400 $0 $0 S4,736 Hours 16 Joe Verde Construction Document Review S 178.92 $2,8561 5o Sol 50 5o $o $0 So $0 $0 $0 $0 $2,856 Hours 61 6 6 6 6 Michael Boulton Project Director $ 168.25 $959 $959 $959 $959 $959 $1,683 $1,683 $1,683 $1,683 $1,583 $0 $0 $13,208 Constructware Mgmt Info Control System $900/user/yr $8,865 50 $0 $D $0 SO $0 $0 $0 SO $0 So $8,865 Expenses Relmbursables Per Month $9,063 $570 $570 $570 $570 51,000 51,000 $1,0001 $11000 $1,000 S1,o00 $6,500 $23,843 TOTAL $22,932 $21,046 $19,3191 $19,3191 $18,4561 $32,5121 $34,0341 $30,9911 $35,5551 $34,0341 $15,215 $15,976 $328,378 CITY HALL Name Position Rate($/Hour) July August Sept Oct Nov I Dec Jan Feb March Apr May June Total Hours - 691 80 73 73 691 0 0 0 0 0 0 0 Hours 691 80 73 73 69 0 0 0 0 0 0 0 Jimmy Jones Construction Manager $ 150.00 $10,3851 $11,943 $10,904 $10,904 $10,385 $0 $0 $0 $0 $0 $o $0 $54;521 Hours 811 86 82 82 81 0 0 0 0 0 0 0 Jo Anne Sitjar Project Administrator S 75.37 $5,6241 $6,467 $5,905 $5,905 $5,624 $0 $0 $0 $0 $0 SO $0 $29,525 Hours 71 1 11 1 1 0 01 01 0 0 0 0 David Sagherian Scheduler S 200.02 $1,376 $172 $172 $172 $172 $0 SO $0 $0 $0 $0 $0 52,064 Hours 12 Joe Varda lConstruction Document Review $ 178.92 $2,154 $0 SO $0 $0 So $0 50 $0 $0 $0 $0 $2,154 Hours 4 4 4 4 4 0 0 0 0 0 0 0 Michael Boulton Project Director S 168.25 5723 $723 $723 $7Z3 $723 $0 $0 $0 $0 $0 $0 $0 $3,617 Constructware Mgmt Info Control System S900/user/yr $1,935 $0 $0 50 SD SO So SO $01 Sol so[- Sol $1,935 - Expenses Reimbursables Per Month $2,437 $430 $430 $430 $430 $o $0 $0 SO $0 $0 $D $4,157 TOTAL $20,366 S19,3971 $17,7921 $17,792 $16,990 Sol Sol $0 Sol Sol Sol Sol $97,974 Agenda # 6 . 9 Meeting Date: June 21 2011 CITT ten./ oFTr,\ CITY COUNCIL AGENDA REPORT IyCnRPOR, r9g9, TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: EXTENSION OF CITY-WIDE GR FFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FISCAL YEAR 2011-12 IN THE AMOUNT NOT TO EXCEED $59,280. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for this contract are included within the adopted Fiscal Year 2011-12 Budget. BACKGROUND/DISCUSSION: On May 19, 1993, the City Council awarded a contract to Graffiti Control Systems for graffiti removal in Diamond Bar. Section 13 of the specifications of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. Since the original contract was awarded, the City Council has approved the annual extension of the contract. In order to better serve the interests of the City and provide a more accountable budgetary process, a flat rate fee of$5,200 per month was initiated during Fiscal Year 2008-09 that proved to be cost-effective alternative to the previous fee per location. Graffiti Control Systems has requested to continue the flat rate structure including a 5% discount, which will bring the new monthly rate to $4,940 regardless of the number of graffiti incidents each month. Staff is recommending that the contract be extended for FY 2011-12 in the amount not to exceed $59,280. This amount should be sufficient for required graffiti removal services, plus additional as-needed work requested by the Public Works Division, such as cleaning paint spills upon public streets. Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract. Prep d by Reviewed by Anthony Sant Greg Gubman, Al Management Analyst Community Development Director Attachments: 1. Letter of Agreement. 2. Graffiti Control Systems Letter. 3. Agreement with Graffiti Control Systems. 06/09/2011 12:03 1-818-764-2516 WOODS MAINTENANCE PAGE 01/01 A 7260 Atoll Avenue North Hollywood, CA 91605 818-764-2515 Fax: 818-764-2516 0 K A F F I T I CONTROL 5 Y 5 T E M 5 June 9,2011 Stella Marquez Senior Administrative Assistant 21,825 Copley Drive Diamond Bar,CA 91765 Dear Stella; This letter will serve as our notice to continue fora'nother year on our graffiti contract with the City of Diam6nd Bar. Rowever,we would also like to offer you a 5% discount off of our current contracted price of$5200 per month,which will bring the new monthly rate to$4,940. Should you have any questions please let me know. Thank you. Jeffrey Woods General Manager AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between Graffiti Control Systems hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City" . WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid from Contractor Graffiti Control Systems and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2 . INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid 'specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute thecontractbetween the parties. This contract is intended to require complete and finished work for each removal assignment and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and thig written a it,- provisions of this written agreement shall 3 . TERMS OF CONTRACT a. -The- ,under-signed-.-bidder-,agrees_ to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4 . " INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract. " b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: .J) Public Liability - Bodily Injury (not auto) $500, 000 each pec $1, 000, 000 each accident. 2) Public Liability - Property Damage (not auto) $250, 000 each person; $500, 000 aggregate. 3) , Contractor' s Protective Bodily Injury $500, 000 each person; $1, 000, 000 each accident. 4) Contractor's Protective - Property Damage $250, 000 each accident; $500, 000 aggregate. 16 5) Automobile - Bodily Injury $500, 000 each person; $1, 000, 000 each accident. 6) Automobile - Property Damage $250, 000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, it officers, agents and employees, and any other parties specified in the bid documents to be so included; Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt of a registered letter. " 5) otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: --.. l) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of -the--c r--e--E;--e n t-- t-h--e=_o-i::71�g!-n-a:!--P-P e -f—i-nsura-nce— required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds -and_ other. provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2 , Part 7, Chapter 1, Articles I and 2 , the Contractor is required to pay not less than the 17 general prevailing rate of per them wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate. of per them wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50. 00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777. 5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices and the Contractor or any subcontractor under him. Section 1777 .5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ration of apprentices journeymen that will be used in performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or -th-e--trade—ca7n-7shQw�7:i:�t-77L-e7-ir�p--aq-i-ng—at--- le t membership through apprenticeship training on a annual basis statewide or locally, or d. When the Contractor p_r_ovides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship 18 programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of sections 1777 .5 and 1777 . 6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day' s work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25. 00) for each laborer, workman, or mechanic employed in the execution of the contract, by him, or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8 . TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773 .8. 9 . CONTRACTOR' S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. ---------- save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, -qr -other, organi z a-tion- ar1s111g__ _q t.- .of-,-or--i.n..-conn-ect-ion. w-ith--the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding . such actions, claims, damages to persons or property, penalties, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims 'arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. . So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2 , Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing' all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 5, 1993 . 12 . ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs injclirrewith respect. thereto. 13 . TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified in said notice. In the event__of_ such t ermination _, _ Contractor shall only be paid for services - rendered and expenses necessarily incurred prior to the effective date of termination. 20 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California / \Q) r Contractor's License No. l� U O Date By: 7cw� T' le 7X9.9 Title CITY OF DIAMOND BAR, CAATFORNIA APPROVED AS TO FORM By: Tray+�z•� dity Atto6 y By: City c'Ler Date Contractor' s Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which --r'�Y;�r�.c�-�_r man hr� rc�arhAra at any time 21 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, #100 DIAMOND BAR CA 91765 BID PRICES' FOR THE REMOVAL OF GRAFFITI IN DIAMOND BAR Name of Bidder (Company) �ry[�1F \� C CatC�ULySMS By (Name) (Title) . . .Bidder's Address City Cm �. 'X �nlU�az� CA zip Q h bbJ Telephone # `�" Fax Date Planned Methods) of Graffiti Removal. List all removal techniques that will be utilized to remove graffiti under the bid for the price - listed below: Paint over with similar colors (light/dark.) Paint over with matching colors (eyeball) Blend colors with computer, then paint- ovoir (high tech) High -pressure water - Cold High Pressure Water - Hot (steam clean) Pre-treat with sacrificial coating, remove graffiti, then re-apply sacrificial coating Dry or Wet blast (i.e. sand, sponge, walnut shell, / bicarbonate) ✓ Solvent or chemical remover Other removal techniques you plan to use (please list) : ----**P-L-EAS-E—NOTE=—I-f—C-ity--Cou-ncl--deems--it—in--the—best interest--of the City, bid may be awarded solely on the basis of removal technique of contractor. 25 I. Monthly Retainer $ x 12 months = $ I)uq) Q (If applicable - If not applicable, write in the word NONE) II. Small Sites $ 'jCP-0 per site x 177 sites/year average = $ ( 10. sq. ft. or less at site _ 32% of sites are less than' 10 sq. ft. ) � ,�o� III. Medium Sites $r~'� per 'site x 326 sites/year average = ( 11 sq. ft. to 150 sq. ft. at site - 59% of sites are: ll. to 150 sq/ 'ft. ) IV. Lara Sites $ Large per site x 50 sites/year average = $ 1 �= (151 sq. ft. or over at site - 9% of sites are over 151 sq. ft. ) - The largest. single removal site has been 94.0 sq. ft. Tota,]. Bid (Annual Costs) $\(0,,S1VYQ SIGNATURE AND TITLE: The undersigned declares that he has read the terms and conditions for the goods or services listed herein and agrees to furnish to the City of Diamond Bar said requirements in strict conformity to the specifications thereto. Company Address \ \\� cJ�� \CSJ �l`Q`t� < . K�Owk kt(�L g, 6s By/Title CA ut\orize ' gnature) (Title) Fax # 26 Agenda #7 . 1 Meeting Date: June 21, 2011 iT CITY COUNCIL AGENDA REPORT Inpou, TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma * f TITLE: Tentative Parcel Map No..71362 lanning Case No. PL2010-128) PROPERTY OWNER: Sumermal Vardhan, 320 Woodruff, Walnut, CA 91789 APPLICANT: Tritech Associates, Inc., 135 N. San Gabriel Blvd., San Gabriel, CA 91775 PROJECT LOCATION: 2127 Derringer Lane, Diamond Barg CA 91765 (Los Angeles County Assessor's Parcel No. 8713-034-030) SUMMARY: The applicant is requesting approval of a Tentative Parcel Map to subdivide an existing vacant 133,697 square-foot (3.07 acres) gross lot into two separate lots to facilitate the future development of a single-family residence on each lot. Proposed Parcel 1 is 73,283 square feet (1.68 acres) and Parcel 2 is 60,414 square feet (1.39 acres). The property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. After evaluating the application, staff finds that the proposed Tentative Parcel Map complies with the City's Subdivision Ordinance and that the subdivision findings required pursuant to Diamond Bar Municipal Code Section 21.20.080 can be made. RECOMMENDATION: Approve the project, subject to conditions. Back-ground The site is located in The Diamond Bar Country Estates ("The Country"), a gated residential community served by fully improved private streets. It is located on the west side of Derringer Lane, between Ridgeline and Indian Creek Road. The property is surrounded by single-family homes to the north and east, a vacant lot approved for the development of a single-family residence to the south, and open space area to the west. The existing vacant lot is 133,697 gross square-feet (3.07 gross acres). There is minimal vegetation with no protected trees on-site. The site is legally described as Lot 56 of Tract No. 23483, and the Assessor's Parcel Number (APN) is 8713-034-030. Planning Commission Public Hearing On May 24, 2011, the Planning Commission reviewed and unanimously recommended that the City Council approve the Tentative Parcel Map for a lot split. There were no issues or objections raised from the public. Site and Surrounding General Plan, Zoning and Land Uses Site I Rural Residential RR Vacant Lot North Rural Residential RR Single-Family Residence Vacant Lot (Planning Commission South Rural Residential RR Approved Single-Family I Residence on May 25, 2010) EastF Rural Residential RR Single-Family Residence West Rural Residential RR' Open Space TPM PL No. 2010-128 Page 2 Subject Site and ry ° ak l Surrounding Parcels are Zoned RR = v , m a RR a •' 'o. e,�1.=.s u• s k WIN"I b Site Aerial Project Description The application request is to subdivide the existing lot into two separate lots for the development of a single-family residence on each lot. The gross and net size (after the dedication of the private street easement) of each lot is provided in the table below. Lot Size 73,283 sq. ft. (1.68 acres) - Gross 60,414 sq. ft. (1.39 acres) - Gross 65,114 sq. ft. (1.39 acres) - Net 54,804 sq. ft. (1.26 acres) - Net The Development Review application of the single-family home on Parcel 1 will be scheduled for review by the Planning Commission in July, and the application for Parcel 2 will be submitted for processing in the future. TPM PL No. 2010-128 Page 3 ANALYSIS: Review Authority (Diamond Bar Municipal Code Section 21.01) Section 21.02.040 of the City's Municipal Code requires all subdivision applications to be reviewed for approval by the City Council. The Planning Commission, serving in an advisory role, is required to forward a recommendation to the City Council to approve or deny subdivision requests. Tentative Map: A tentative map is a map approving the division of land, and is governed by the Subdivision Map Act. The City of Diamond Bar's Subdivision Ordinance establishes the minimum standards for the design of the lots, and the public improvements which serve them. A subdivision of four or fewer parcels requires a parcel map, and a subdivision of five or more parcels requires a tract map. When the City Council considers a tentative parcel or tract map, it must be reviewed in light of the required findings mandated by state law for approval or denial of the map. Once the tentative map is approved, the more refined final map is approved by the City Council if deemed by the City Engineer to be in substantial conformance with the tentative map. The final map is then recorded with the Los Angeles County Recorder's Office, and is deemed valid. The maximum allowed density for the Rural Residential general plan land use designation and zoning district is one dwelling unit per gross acre (1 DU/AC). Therefore, with a 3.07 acre lot, the proposed project is in compliance with the City's General Plan with regards to density. The table below compares the proposed project with the City's Subdivision and Development Code standards: 250'-Parcel 1 rUPOW-1diRE minimum 50' 360' Yes 110'-Parcel 2 a�mww ,P,-,ardeFDdpth Average 375'-Parcel 1 Minimum 80' 375' Yes Average 350'-Parcel 2 Associated Maximum 4' None 4'for Both Parcels Yes TPM PL No. 2010-128 Page 4 The City's subdivision standards require proposed building pad locations to be identified for parcels with a slope of 20 percent or greater. The average slope of the site is approximately 21 percent. The building pad of the proposed single,-family residences complies with the Development Code. Also, the retaining walls associated with the lots pads are designed to be four feet high. As part of the subdivision review, staff sent notices to all public utility companies and service agencies regarding the proposed subdivision request. All agencies will be expected to provide service to each lot, including providers of gas, electrical, water, sewer, and cable television services. The detailed site planning, building footprints, floor plan, exterior design, landscaping and grading will be submitted for review during the Development Review application process for the development of each lot. As described above, the proposed subdivision is in conformance with the City's General Plan and zoning, and all applicable requirements of the Subdivision Map Act. The project complies with the minimum lot area and density. No variances or exceptions are required, and all public utilities and services are available to service the project. Access and Circulation The project site is located within The Country Estates, a gated residential community served by fully improved private streets. The driveway access to both properties is 14 feet wide, in compliance with the Development Code. The circulation on-site will be reviewed during the Development Review application process. Compatibility with Neighborhood The proposed subdivision is consistent with the City's General Plan in that it complies with the density limitation of one dwelling per acre. The site is surrounded by single- family residential development on parcels similar to those proposed under this subdivision, and therefore will be compatible with the surrounding uses. To ensure that the architectural and site plan design complies with the City's Development Code and Design Guidelines, the design of the buildings and landscaping on each lot will be reviewed during the Development Review application process. TPM PL No. 2010-128 Page 5 sx Existing Vacant Site i ^mow Adjacent Vacant Lot to the South Adjacent Single Family Residence to the North Parkland Dedication Pursuant to the Subdivision Ordinance, the City requires the dedication of land or payment of fees for park or recreational purposes. The land or fees are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision, and the amount and location of land to be dedicated or amount of fees paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The amount of acreage required to be dedicated by the applicant is based upon the number of dwelling units from the subdivision. The proposed subdivision will result in two dwelling units. The required dedicated acreage is computed using the following formula: TPM PIL No. 2010-128 Page 6 X = .005(UP) Where X = Amount of parkland required, in acres. U = Total number of approved dwelling units in the subdivision. P = 3.4 for single-family dwellings. The in-lieu fee equals the parkland obligation derived from the formula above, multiplied by the fair market value of the land for the appropriate park planning area. The assessment is a fair market value of the land for the amount of acreage calculated to be dedicated. The in lieu fee for this project is determined to be $26,138 and shall be paid to the City prior to final map approval (Condition #7 under Tentative Parcel Map Conditions). The fees collected shall be committed within five years after payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they are distributed and paid to each record owner of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. Additional Review The Public Works/Engineering Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1,000-foot radius of the project site on June 10, 2011, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on June 10, 2011. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. Public Comments Received On June 13, 2011, Jim Gardner, the General Manager of The Diamond Bar Country Estates Association (DBCEA) verbally notified staff that the Association is opposed to the lot split and will not approve the future design and development of a single-family residence on each lot. Although the property owner is bound by the Covenants, Conditions, and Restrictions (CC&Rs) and bylaws of The DBCEA, the City is not. The proposed subdivision conforms fully to the City's Subdivision Ordinance and zoning regulations applicable to the site. Notwithstanding the DBCEA's opposition to the proposed subdivision, the City Council must still exercise its independent judgment, and base its decision solely on whether the required findings to approve this tentative map request can be made. TPM PL No. 2010-128 Page 7 ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Staff prepared and filed an Initial Study/Environ mental Checklist and Notice of Intent to Adopt Negative Declaration for the project on April 28, 2011, with the Los Angeles County Clerk and it is part of this report (Attachment 2). Pursuant to CEQA Section 15105, the public review period for the Negative Declaration began on April 29, 2011 and ended on May 18, 2011. This project would have been exempt under Article 19, Section 15315, Class 15 (Minor Land Divisions) except that the average slope of the property is greater than 20 percent. The average slope of the property is 21 percent. The Initial Study is a preliminary analysis to determine whether or not a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report (EIR) is needed for a project. If the Initial Study concludes that the proposed project will not significantly affect the environment or may have the potential to effect.the environment but can be mitigated to a level of less than significant, a Negative Declaration or a Mitigated Negative Declaration may be prepared, respectively. A Negative Declaration is a written document that briefly describes the reasons that a proposed project will not have a significant effect on the environment. It is used to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of potential environmental impacts that may result from the proposed project's development. Once the Initial Study and Negative Declaration are prepared, a Notice of Intent to Adopt a Negative Declaration is posted at the Los Angeles County Clerk and published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The public review period must be no less than 20 days. .Staff prepared the Initial Study/Environmental Checklist for the proposed project, which documents reasons to support the findings that the proposed project would not have any potentially significant impacts on the environment. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution (Attachment 1) to approve the Tentative Parcel Map No. 71362 for Planning Case No. PI-2010-128, to allow a subdivision of an existing vacant lot into two separate lots, based on the findings, subject to conditions of approval as listed within the draft resolution. TPM PL No. 2010-128 Page 8 Prepared by: Reviewed by: Grace S. Lee Greg Gubman, AICP Senior Planner Community Development Director Reviewed by: David Doyle Assistant City Manager Attachments: 1. Draft Resolution No. 2011-XX and Conditions of Approval 2. PC Staff Report and Draft Minutes dated May 24, 2011 3. PC Resolution No. 2011-17 4. Notice of Neg. Dec. and Initial Study/Environmental Checklist 5. Tentative Tract Map No. 71392 TPM PL No. 2010-128 Page 9 Attachment 1 CITY COUNCIL RESOLUTION NO. 2011-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 71362 FOR SUBDIVISION OF AN EXISTING VACANT 3.07 ACRE LOT INTO TWO LOTS FOR THE DEVELOPMENT.OF A SINGLE-FAMILY RESIDENCE ON EACH LOT LOCATED AT 2127 DERRINGER LANE, DIAMOND BAR, CALIFORNIA (APN 8713-034-030). A. RECITALS 1 The property owner, Sumer'mal Vardhan, and applicant, Tritech Associates, Inc., have filed an application for Tentative Parcel Map No. 71362 (Planning Case No. PL2010-128) to subdivide an existing vacant lot into two separate lots for the development of a single-family residence on each lot located at 2127 Derringer Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Tentative Parcel Map shall be collectively referred to as the "Project." 2. The subject property is made up of one parcel totaling 133,697 gross square feet (3.07 acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Lot 56 of Tract No. 23483. The Assessor's Parcel Number is 8713-019-004. 4. On May 24, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. At that time, the Planning Commission recommended that the City Council approve the Project, subject to conditions; 5. Notification of the City Council public hearing for the Project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on June 10, 2011. Public hearing notices were mailed to property owners within a 1,000-foot radius of the project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity; 6. One June 13, 2011, The Diamond Bar Country Estates Association (DBCEA), which is the homeowners association that governs the subject property, informed the City that it opposes the Project; 7. On June 21, 2011, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date; and 8. The documents and 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. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. Notwithstanding the DBCEA's opposition to the Project, the City Council exercised its independent judgment in the decision whether or not to approve the Project; and 3. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study and Notice of Intent to Adopt Negative Declaration for the project on April 28, 2011, with the Los Angeles County Clerk. Pursuant to CEQA Section 15105, the public review period for the Negative Declaration began April 29, 2011, and ended May 18, 2011. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 21.20, this City Council hereby makes the following findings: 1. 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; Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the City Council makes the following findings: a. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and 2 any applicable specific plan; The proposed project involves the subdivision of an existing vacant 133,697 square-foot (3.07 acres) gross lot into two separate lots for the development of a single-family residence ion each lot. Proposed Parcel I is 73,283 square-feet (1.68 acres) and Parcel 2 is 60,414 square-feet (1.39 acres). The property is zoned Rural Residential with a consistent underlying General Plan land use designation. The development of a single-family residence on each lot will be processed through a Development Review application for compliance with the City's General Plan, City Design Guidelines and development standards. The project will provide additional homeownership opportunities of single-family housing that will be compatible with the surrounding development. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. b. The site is physically suitable for the type and proposed density of development; The proposed subdivision will not interfere with the use and enjoyment of neighboring existing or future developments because the use of each lot is for a single-family home and the surrounding uses are also single-family homes. The maximum allowed density for the Rural Residential general plan land use designation and zoning district is one dwelling unit per gross acre (I DU/Acre). Therefore, with a 3.07 acre lot, the proposed project is in compliance with the City's General Plan with regards to density. Also, the proposed location of the building pads and footprints are in compliance with the development standards and the retaining walls associated with the lot pads are designed to be four feet high. C. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat; Pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15168 et seq., an Initial Study/Environmental Checklist and Negative Declaration has been prepared for the application and found that the proposed project would not have any potentially significant impacts on the environment. d. The design of the subdivision or type of improvements will not cause serious public health or safety problems; The grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary 3 geotechnical investigation to assure that geotechnical stability is maintained or increased. Detailed drainage and hydrology studies will be completed, including the potential for debris flows, and the proposed conditions of approval will likely prevent any significant increases in erosion and flood hazards. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire Department requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. e. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. The site does not have any access easements on-site. However, the proposed project is conditioned to dedicate an easement in front of the property as part of the private street. The proposed subdivision will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single-family home because it complies with the requirements for driveway widths. f. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board; The proposed subdivision will not violate any requirement of the California Regional Water Quality Control Board. To reduce water quality impacts to a level less than significant, the proposed subdivision is required to comply with the California Regional Water Quality Control Board, Federal Clean Water Act, and the National Pollutant Discharge Elimination System (NPDES) program, implementing construction-related Best Management Practices (BMP`s) and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria. With project design features related to the storm drain system and conditions of approval, potentially significant water quality impacts would be reduced to a levels less than significant. 9. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions; and 4 The grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. h. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act. The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. In addition, the development of a single-family residence on each lot will be processed through a Development Review application for compliance with the City's development standards. 2. Based on the findings and conclusions set forth herein, the City Council hereby finds and approves Tentative Parcel Map No. 71362, subject to the following conditions and the attached Standard Conditions of Approval: a. GENERAL 1. The approval of Tentative Parcel Map No. PL2010-128 expires within three years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 21.20.140. The applicant may request in writing for a three year time extension if submitted to the City no less than 60 days prior to the approval's expiration date, subject to DBMC 21.20.150 for City Council approval; 2. Within five days of this approval, the subdivider/applicant shall pay to the City, the Department of Fish and Game fee pursuant to Section 711.4 of the Fish and Game Code; 3. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Los Angeles County Fire Department; 4. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map No. PL2010-128, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pay the remaining City processing fees, school fees and fees for the review of submitted reports. 5 5. The development of the single-family residence on each lot shall be submitted for review and approval of a Development Review application and shall comply with the City's Development Code; 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed; 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations; and 8. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. b. TENTATIVE PARCEL MAP CONDITIONS 1. Approval of the Tentative Parcel Map is for subdivision of land only. No land use or development entitlements are expressed or implied. 2. The development shall provide parcels, easements or rights- of-way for private streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal and public utilities providing electric, gas, and telecommunications services; 3. All utilities shall be installed underground in compliance with DBIVIC Section 21.30.110; 4. The development shall carry out the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (improvement Plans and Agreements) of the Subdivision Ordinance; 5. The development shall secure compliance with the requirements of the Subdivision Ordinance and the General Plan; 6. The design of the subdivision shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Subdivision Map Act Section 66473.1; 7. Prior to final parcel map approval, the subdivider shall pay a parkland dedication in lieu fee for park and recreational purposes in the amount of $26,138, which equals the 6 parkland obligation derived from the formula in DBMC Section 21.32.040(C) times the average per-acre fair market value for the appropriate park planning area. For the purposes of determining the required fee, the term "fair market value" shall mean the market value of the land as determined by the City staff, and approved by the Commission or Council, prior to or at tentative map approval. If the subdivider objects to the valuation, the subdivider, at his/her expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. :Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions of the City as to fair market value shall be final and conclusive. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision; and 8. The subdivider shall install any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like in accordance to DBMC Section 21.34.020 thru 21.34.030. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Sumermal Vardhan, 320 Woodruff, Walnut, CA 91789, and Tritech Associates, Inc, 135 N. San Gabriel Blvd., San Gabriel, CA 91775. APPROVED AND ADOPTED THIS 21St DAY OF JUNE 2011, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. By: Steve Tye, Mayor 1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 21't day of June 2011, by the following vote: 7 AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 8 E _v COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Tentative Tract Map No. PL 2010-128 SUBJECT: To subdivide an existing vacant 133,697 square-foot (3.07 acres) gross lot into two separate lots for the development of a single- family residence on each lot. PROPERTY Sumermal Vardhan OWNER(S): 320 Woodruff Walnut, CA 91789 APPLICANT: Tritech Associates,.Inc. 135 N. San Gabriel Blvd. San Gabriel, CA 91775 LOCATION: 2127 Derringer Lane, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Parcel Map No. PL 2010-128 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 1 (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. The subdivider/applicant shall remove the public hearing notice board within three days of this project's approval. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, and any applicable Specific Plan in effect at the time of grading and building permit issuance. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT (909)839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. If applicable, a detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Parcel Map and prior to approval of the grading plan. Developer shall upgrade and construct all trails, including fencing and drainage devices. 2. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final parcel map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final parcel map approval. 3. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 4. Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 5. Prior to final parcel map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to parcel map approval. 2 6. Prior to final parcel map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all grading and site improvements. 7. Prior to final parcel map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 8. Prior to final parcel map approval all site grading, landscaping, irrigation, and sewer improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 9. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements and modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final parcel map, as approved by the City Engineer. 12. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final parcel map for dedication to the City. 13. After the final parcel map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 14. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 15. Applicant shall pay the deposits required for plan check, review, and inspection to a separate engineering trust deposit where charges can be drawn by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 16. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 3 17. All activities/improvements for the proposed Tentative Parcel Map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or construction shall be performed prior to final parcel map approval by the City Council and map recordation or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final parcel map approval by the City Council. 2. Prior to beginning any grading activities, appropriate rodent barriers shall be installed around the perimeter of the project site to prevent the migration of rodents to existing residential and commercial sites. A plan detailing the proposed rodent barriers to be used by the developer/contractor shall be submitted to the Public Works/Engineering Department for review. 3. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 4. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 5. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot-high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 6. Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 4 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. At the time of submittal of the 40-scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final parcel map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40-scale final grading plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final parcel map. 10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading 5 plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 11. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post-construction activities respectively. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction and maintained by the contractor all year round. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 14. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the State and City for approval prior to issuance of any permits. 15. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 16. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 17. Prior to the issuance of Grading Permits, a pre-construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 18. Rough Grade certifications by project civil and soils engineer and an as-graded geotechnical report shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued concurrently with the grading permit. 19. Final Grade certifications by project civil engineer shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. i 6 C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. STREET IMPROVEMENT (Not Applicable) E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final parcel map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 3. Prior to recordation of final parcel map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including sewer, water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 4. Easements E5, E8, E11, and E13 as shown on the approved Tentative Parcel Map no. 71362 shall be abandoned or relocated to a location satisfactory to the City Engineer and easement documents for the aforesaid abandonment and relocation shall be reviewed and approved by the City and recorded in the Los Angeles County Recorder's Office prior to final parcel map approval or permit issuance whichever comes first. 5. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7 6. Underground utilities shall not be constructed within five feet of the drip line of any mature tree except as approved by a registered arborist. F. SEWERS 1. The applicant shall execute and record a Waiver and Agreement releasing Los Angeles County from any costs or damages incurred from removal of all obstructions to clear the easement and make way for authorized personnel to enter said right of way to install, maintain, repair, or reconstruct a sewer prior to final parcel map approval or permit issuance whichever comes first. 2. The sanitary sewer system serving the parcels shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final parcel map. 3. A 6' wide easement for sanitary sewer purposes shall be reserved for Parcel 1 to allow for a sewer lateral connection to the main sewer trunk line located on Parcel 2. An easement document and plat map of the aforesaid easement document shall be reviewed by the City and upon approval recorded with the Los Angeles County recorder's office prior to final parcel map approval or permit issuance whichever comes first. 4. The 6' wide easement for sanitary sewer purposes dedicated to the County on Recorded Map of Tract No. 23483 and noted as Easement E2 on TPM No. 71362 shall be extended to Derringer Lane and dedicated to the City of Diamond Bar. This easement document shall be submitted to the City for review and upon approval recorded with the Los Angeles County recorder's office prior to final parcel map approval or permit issuance whichever comes first. 5. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 6. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS (Not Applicable) END 8 Attachment 2 AGENDA` DA REPORT CITY OF DIAMOND BAR-21825 COPLEY DRIVE-DIAMOND BAR,CA 91765 -TEL.(909) 839-7030--FAX(909) 861-3117 AGENDA ITEM NUMBER: 8.1 MEETING DATE: May 24, 2011 CASE/FILE NUMBER: Tentative Parcel Map No. 71362 (Planning Case No. PL 2010-128) PROJECT LOCATION: 2127 Derringer Lane, diamond Bar, CA 91765 (Assessor's Parcel No. 8713-034-030) PROPERTY OWNERS: Sumermal Vardhan 320 Woodruff Walnut, CA 91789 APPLICANT: T ritech Associates, Inc. 135 N. San Gabriel Blvd. San Gabriel, CA 91775 The applicant is requesting approval of a Tentative Parcel Map to subdivide an existing vacant 133,697 square-foot (3.07 acres) gross lot into two separate lots for the development of a single-family residence on each lot. Proposed Parcel 1 is 73,283 square-feet (1.68 acres) and Parcel 2 is 60,414 square-feet (1.34 acres). The property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation. In compliance with the City's development standards, the proposed location of the building pads are identified, and the retaining walls associated with the lots pads are designed to be four feet high. After evaluating the application, staff finds that the proposed Tentative Parcel Map complies with the City's. Subdivision Ordinance and that the subdivision findings required pursuant to Diamond Bar Municipal Code Section 21.20.080 can be made. Therefore, staff recommends that the Planning Commission recommend approval of the Tentative Parcel Map No. 71362 (Planning Case No. PL 2010-438) to the City Council, subject to the conditions of approval contained in the attached Resolution. BACKGROUKID: The site is located in The Diamond Bar Country, Estates (The Country), a gated residential -community served by fully improved private streets. It is located on the west side of Derringer Lane, between Ridgeline and Indian Creek Road. The property is surrounded by single-family homes to the north and east, a vacant lot approved for the development of a single-family residence to the south, and open space area to the west. The existing vacant lot is 133,697 gross square-feet (3.07 gross acres). There is minimal vegetation with no protected trees on-site. The site is legally described as Lot 56 of Tract No. 23483, and the Assessor's Parcel Number (APR) is 8713-034-030. Site and Surrounding Land Uses 0 (D Mite Rural Residential RR F Vacant Lot North Rural Residential RR Single-Family Residence Vacant Lot (Planning Commission South Rural Residential RR Approved Single-Family Residence on May 26, 2010) FEas Rural Residentlal RR Single-Family Residence West 1.1sidential RR Open Space Page 2 of 8 CD:Staff Reports PC/Derringer Lane 2127 TPM PL2010-128 PC Staff Report H-24-201 1,docx � s r _= r 1 y,yy J'jy.'T S ,yr,�, .- � y- � ytl��s, i •.�r h. "��-,1:�`�`�1�� �•�atgi' ,��X � �, � 4 ar � 1�.�:�� +� '""R� .,,pit *,�s," ; �,t'�a� �¢+.�`'.S ���,��,��°*. 'S.._ t,�'`�'"� •ice", ' T � a�, yry.. a �'+•3�s'`p� ty�iy.15l�+rr- l'`� 7 ¢S.. + �6!' }S,, ik Fn a•-+�t�r�F'-. Nyty ^t for 'f T `,�,�'x,.,� .•'`i t.'iCr r�t -� 4 Z H'>r 'i '.",Q}Fq ro � a w WIN 'yes kk�5�J�,7•�?`F-',,.%=���r�",rte,� a�,: ��,�.r s-�,'t '� �'" }��� r�� I F 1 S"2y F lo-'-...� -!. � •^n, ..t "t` ,,y �. . ��.�I.Fe'�..t' �F�^'"",tt� e':s``� Y r ;r„s ,�� `L t -'' t t i ��y�s "N-<.. •t`a G 3�""' a.r. cV�a 1C 1 Y� f� �l'•.r 1.+ If ro. f{� K"L,t � "GR.?+^Eh' Iw� •R� �J Glx 1,c/ .j..�'7�'-'s� Xya ij�t��t �t7�cx+ '4`-fry°eT� `� b� r`�"L L� �t�u��r�•� � C.8 a n j. r`L.t..d i ��"S' Y� � � �+ #? f� r ''e{r-�•, d- -L' 9 �OE`''sz,l d�€' �f r �'`� t r r .t �1�ytn yL7z,�n Y.,t�tG-.✓ri� -1.;T•t� r+�g �1'° },�k ry''L 1 'S r , f-+ � . L; r ,i ���' '- }E.�'* L .r •,. �y ✓ems r'4f s b"' �' �` � sr•e r�„��.I iF � rh+C:'?1 t�k � �,', r.. a �' i C,�=t &-f• �:. 440 �a.� •G,t,}4�1}� .:� �fi�*N. },'t .yi�Cf`� .�y��. s" '�i� ►' - t+��r �^ '! y Styr �.a. rY":..,A .sF�` ,� ?�, ,.asS�`'U.� i .,*!*- •.F- c.� r''�c. �„ry ,. 1f�,'^ 7�g-.I,rr.w •<,,y �vM •.rv.� �:7?H.� ik �e, �- '•-�"�'rk ;G..Y�E�t. �"L'i„ "i��s� a �' i��t ��'}� -�v� ;rr';- ''�M ^` i.j�t {„TM a". •�f''+,� n tis t"ey-r r ,..a s -t rc t•e n,' �'ks+" a 1 P1L� �De Was t4 !i ,hT `.e�� hv�'��"��xAi a�"'d,,•"i��'M�w�. dBF� �3„�az�b�.,vs-z...wri.�.U�.�z1"�.aG.a.Fssu'ti>Gu:.�_.m�s.��ta•.,,it53A3�w,:.� Y,..+„-��fh..r~.3....Ha47t.e '�ra�rs+;3xr t �,'n"S'�' ANALYSIS: Review Author! Section 21.02.040 of the City's Municipal Code requires all subdivision applications to be reviewed and approved by the City Council. Therefore, the Planning Commission will be forvilarding a recommendation to the City Council for this request. Tentative 110ap: A tentative map is a map approving the division of land for the purpose of sale, lease, or financing, and is governed by the Subdivision Map Act. It approves how the land is to be subdivided. The City of Diamond Bar's Subdivision Ordinance establishes the minimum standards for the design of the lots, and the public improvements which serve them. A subdivision of four or fewer parcels requires a parcel map, and a subdivision of five or more parcels requires a tract map. When a Planning Commission or City Council considers a tentative parcel or tract map, it must be reviewed in light of the required findings mandated by state law for approval or denial of the map. Once the tentative map is approved, the more refined final map is approved by the City Council if deemed by the City Engineer to be in substantial conformance with the tentative map. The final map is then recorded with the Los Angeles County Recorder's Office, and is deemed valid. The maximum allowed density for the Rural Residential general plan land use designation and zoning district is one dwelling unit per gross acre (1 DU/AC). Therefore, with a 3.07 acre lot, the proposed project is in compliance with the City's General Plan with regards to density. The table on the following page compares the proposed project with the City's Subdivision and Development Code standards: 9 -g! PI" t l ' ' 260'—Parcel , aFRlVil qjMlnimun 50360110'—Parcel l 2 Yes 'TMl I1i ,Rtwn- ;D V,�*i Average 375'—Parcel 1 Minimum 80' 375' Yes Average 350'—Parcel 2 Maximum 4None 4,for Both Parcels Yes Page 4 of 8 CD:Staff Reports PC/Derringer Lane 2127 TPM PL2010-128 PC Staff Report 05-24-201 l.docx T he City's subdivision standards require proposed building pad locations to be identified for parcels with a slope of 20 percent or greater. The average slope of the site is approximately 21 percent. The building pad of the proposed single-family residences complies with the Development Code. Also, the retaining walls associated with i the lots pads are designed to be four feet high. As pari: of the subdivision review, staff sent notices to all public utility companies and service agencies regarding the proposed subdivision request. All agencies will be expected to provide sei-vice to each lot, including providers of gas, electrical, water, sewer, and cable television services. The detailed site planning, building footprints, floor plan, exterior design, landscaping and grading will be submitted for review during the Development Review application process for the development of each lot. Therefore, the proposed subdivision is in conformance with the City's General flan and zoning, and all applicable requirements of the Subdivision flap Act. The project complies with the minimum lot area and density. No variances or exceptions are required, and all public utilities and services are available to service the project. A.00sss and Girculla ion The project site is located,within The Country Estates, a gated residential community served by fully improved private streets. The driveway access to both properties is 14 feet wide, in compliance with the Development Code. The circulation on-site will be reviewed during the Development Review application process. Compatubufoty mouth Neilghborhood The proposed subdivision is consistent with the City's General Plan whereby it complies with the allowable density. The site' is surrounded by single-family residential development and therefore will be compatible with the surrounding uses. To ensure that the architectural and site plan design complies with the City's Development Code and Design Guidelines, the design of the buildings and landscaping on each lot will be reviewed during the Development Review application process. Page 5 of 8 CD:Staff Reports PC/Derringer Lane 2127 TPrVi PL2010-12B PC Staff Report 05-24-2011.docx 1 Existing Vacant Site 6 l p lwt*• 'X � � b .F T�t7th tgf 5 :t % _ Q �YtR +'' 91�itL�ui{�,4 yJ ' 41 Adjacent Vacant Lot to the South Adjacent Single Family residence to the North Parkland Dedication Pursuant to the Subdivision Ordinance, the City requires the dedication of land or payment of fees for park or recreational purposes. The land or fees are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision, and the amount and location of land to be dedicated or amount of fees paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The amount of acreage required to be dedicated by the applicant is based upon the number of dwelling units from the subdivision. The proposed subdivision will result ill two dwelling units. The required dedicated acreage is Computed using the following formula: Page 6 of 8 CD:Staff Reports PC(Derringer Lane 2127 TPM PL2010-128 PC Staff Report 05-24-2011;docx X = .005(UP) Where X = Amount of parkland required, in acres. U = Total number of approved dwelling units in the subdivision. P = 3.4 for single-family dwellings. The in-lieu fee equals the parkland obligation derived from the formula above, multiplied by the fair rnarket value of the land for the appropriate park planning area. The assessment is a fair market value of the land for the amount of acreage calculated to be dedicated. The in lieu fee for this project is determined to be $26,138 and shall be paid to the City prior to final map approval (Condition #7 under Tentative Marcel Map Conditions). The fees collected shall be committed within five years after payment of the fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they are distributed and paid to each record owner of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1,000-foot radius of the project site on May 9, 2011, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on May 13, 2011. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVPRONMENTi AL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Staff prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Negative Declaration for the project on April 28, 2011, with the Los Angeles County- Clerk and it is part of this report (Attachment 2). Pursuant to CEQA Section 15105, the public review period for the Negative Declaration began.on April 29, 2011 and ended on May 18, 2011. This project would have been exempt under Article 19, Section 15315, Class 15 (Minor Land Divisions) except that the Page 7 of 8 CD:Staff Reports PC/Derringer Lane 2127 TPM PL2010-128 PC Staff Report 05-24-2011.docx aV81-age Slope Of the property is greater than 20 percent. The average slope of the propet IN is 21 percent. The Initial Study is a preliminary analysis to determine whether or not a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report (EIR) is needed for a project. If the Initial Study concludes that the proposed project will not significantly affect the environment or may have the potential to effect the environment but can be mitigated to a level of less than significant, a Negative Declaration or a Mitigated Negative Declaration may be preiJared, respectively. A Negative Declaration is a written document that briefly describes the reasons that a proposed project will not have a significant effect on the environment. It is used to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of potential environmental impacts that may result from the proposed project's development. Once the Initial Study and Negative Declaration are prepared, a Notice of III-tent to Adopt a Negative Declaration is posted at the Los Angeles County Clerk and published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The public review period must be no less than 20 days. Staff prepared the Initial Study/Environmental Checklist for the proposed project, which documents reasons to support the 'Findings that the proposed project would not have any potentially significant impacts on the environment. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment #1) recommending the approval of Tentative Parcel Map No. 71362 for Planning Case No. PL2010-128 to the City Council, to allow a subdivision of an existing vacant lot into two separate lots, based on the findings, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: 6�L\C? Grace S. Lee Greg Gu 10, an, AICP Senior Planner Community Development Director Att a.c h hin a E-ts: 1 Draft Resolution No. 2011-?CSC and Conditions of Approval 2. Initial Study/Environmental Checklist 3. Tentative Parcel Map No. 71392 Page 8 of 8 CD:Staff Reports PC/Derringer Lane 2127 TPKII PL2010-128 PC Staff Report 05-24-201 I.docx MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 24, 2011 CALL TO ORDER: Chairman Shah called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. 1 ROLL CALL: Present: Commissioners Jimmy Lin and Tony Torng, Vice Chairman Kwang Ho Lee and Chairman Jack Shah. Absent: Commissioners Steve Nelson was excused Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Stephen Rogers of Redland, CA, said upon submission of a public records request to the City Clerk, he was informed that the following businesses located within the city limits of Diamond Bar had not applied for nor obtained approval from the City to conduct business operations: ARC Engineering, 22900 Estoril Drive, #5; and LAE Associates, Inc., 20709 Golden Springs Drive, Suite 104. He requested to meet with the City Manager's office regarding public contracting practice involving public official abusing their authority and/or receiving financial benefit due to improper influence being exerted over private consultants thereby misusing their official capacity with the City of Diamond Bar and/or the Four Corners Transportation Coalition. Commissioner Lin asked if questions and comments were appropriate. CDD/Gubman responded that the issues raised by the speaker do not pertain to the business that the Planning Commission is charged with conducting. The charge for the Commission as a body is to make land use decisions and recommendations, not to consider or debate issues of contracts or personnel matters. It is at the Commissions discretion whether it wishes to respond; however,this is not within the Commission's purview as a decision-making body to get into those issues. C/Lin asked if persons in private practice are required to get a business license from the City and CDD/Gubman responded yes, if their place of business is in the City. C/Lin asked if regardless of where a person lives they practice business in the City of Diamond Bar they have to get a business license from the City. CDD/Gubman MAY 24, 2011 PAGE 2 PLANNING COMMISSION responded "not necessarily." He said he would have to look into the code for the particulars. C/Lin was confused because he said the Commission was being asked to approve Use Permits and business licenses. CDD/Gubman responded that was not correct and business licenses was not within the Commission's purview. C/Lin said that the Commission was being asked to approve a special use permit and CDD/Gubman reiterated that the Commission was being asked to approve the"use" and not the business license. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 10, 2011. VC/Lee moved, C/Lin seconded, to approve the May 10, 2011, Regular Meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Torng ABSENT: COMMISSIONERS: Nelson 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARINGS: 7.1 Conditional Use Permit No. PL 2011-058 — Under the authority of Development code Section 22.58,the applicant Manikku Malraj and property owner Ronald E.Albrecht, requested approval to operate a 3,835 square foot tutoring center. The proposed hours of operation are from 8:00 a.m. to 6:00 p.m. Monday through Friday. The lot is zoned Light Industrial (1)with a consistent underlying General Plan land use designation of Light Industrial. (Continued from May 10, 2011) PROJECT ADDRESS: 782-784 Pinefalls Avenue Diamond Bar, CA 91765 MAY 24, 2011 PAGE 3 PLANNING COMMISSION PROPERTY OWNER: Ronald E. Albrecht Sterling Capital, Inc. 8502 E. Chapman #184 Orange, CA 92369 APPLICANT: Manikku Malraj Ranmal Educational Services 801 Brea Canyon Road Diamond bar, CA 91789 SP/Lee presented staffs report and recommended that the Planning Commission approve a 3,835 square foot tutoring center based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Lee asked about the number of students and SP/Lee responded the total enrollment would be 60 students with a maximum of 30-students for three classes. There are three classes per session and six sessions per day with a maximum of 10 students per class. The business owner indicated he anticipates no more than 45 students per day but staff is recommending a maximum of for an additional 15 students. C/Torng felt that based on the chart, the hours should be longer. SP/Lee explained that the last class of the day would start at 5:00 p.m. and would end at 6:15 p.m. C/Torng thought the hours should be 8:00 a.m. start and 6:30 p.m. conclusion. C/Torng asked how staff would conduct its evaluation in six months. SP/Lee said that in six months, staff would go out to the site to see if any parking problems exist throughout certain periods of the day and meet with the applicant to determine whether there had been any complaints or problems. If there are significant traffic and/or parking problems, staff would most likely receive a call from someone reporting such a problem. After the follow up, staff would prepare a memo explaining staffs findings and possibly recommend that the Commission review the matter, if needed,to resolve any potential problems. C/Torng asked if staff would also be able to determine whether the 60 student maximum was met or exceeded. SP/Lee said she was not sure how that could be verified other than to ask the applicant. C/Lin asked if this would be a six month approval and SP/Lee said no, staff is recommending that this matter be approved today with a condition fora six month review to determine whether there is any traffic or parking problems that would need to be addressed. CDD/Gubman further explained that it is a MAY 24, 2011 PAGE 4 PLANNING COMMISSION bit speculative based on the best information gathered at this point and staff is recommending these conditions to ensure that the operation is not going to lead to any parking conflicts. Staff needs to see how it plays out and if in six months staff is able to conclude that things are operating smoothly and that the conditions do not need to be adjusted, staff's recommendation would likely be that no further follow up reviews are required after that first review period. However, if staff encounters some issues after six months, staff may need to recommend adjustment or refinement of conditions or enrollment or any of the other parameters. If adjustments are needed, it might be more prudent for staff to advise a three-month review, for example, to see how it works out. Ron Albrecht, property owner, and Manikku Malraj, applicant, thanked the Commission. SP/Lee was very helpful to come up with a plan that he accepted. He will not have more than 45 students because he wants to provide the students with the best possible study environment. In addition, he will provide the City with an enrollment list so that they can contact the parents, if necessary. He wants the City to trust him and he will not break that trust. Mr. Malraj and Mr. Albrecht will carefully monitor the situation to make certain that no one breaks the rules. Mr. Albrecht said he suggested to Mr. Malraj that if his enrollment were to approach 45 he would agree that he would inform the City. However, he is certain that he will keep the enrollment under 45 and sell multiple classes. C/Torng said he appreciated the applicant's cooperation with the City and hoped his business would prosper. If the applicant intends to keep enrollment to 45, can the Commission look at the enrollment to make sure the applicant has not exceeded the cap. Mr. Malraj said he would agree to that condition. C/Torng asked if Mr. Malraj believed the ending time should be 6:30 or 7:00 p.m. as a reasonable hour. Mr. Malraj said he is providing his liability carrier the same time the City gives him as his working hours and 6:30 p.m. is satisfactory. Mr.Albrecht said that as the property owner, he too is concerned about the parking and does not want to create any parking problems. Chair/Shah asked Mr. Malraj to comment further on C/Torng's concerns about the end of class time and whether he would prefer to give himself a little extra time to vacate the premises such as 6:45 perhaps (Condition 4). CDD/Gubman recommended that Condition 4 referto "class times"as being limited to 8:00 a.m. to 6:30 p.m. which would not restrain staff or custodial crew as to when they come and go. The limitations are based on parking. MAY 24, 2011 PAGE 5 PLANNING COMMISSION Mr. Malraj agreed. Chair/Shah asked if Mr. Malraj understood Condition 5 (six month review) and agreed with the condition,and Mr. Malraj responded affirmatively. Chair/Shah opened the public hearing. There was no one present who wished to speak on this item. Chair/Shah closed the public hearing. VC/Lee asked who would check the enrollment and CIDID/Gubman said that staff would most likely request a notarized affidavit to affirm the limits which is the only reasonable method to ensure compliance with the enrollment number. CIDID/Gubman said he believes the applicant and business owner have demonstrated sufficient "good faith" that staff can accept an affidavit from them to affirm the numbers. If the parking demand patterns support that statement based on what staff observes in the field, the affidavit would be acceptable. C/Lin said the primary issue is with parking, and the number of students inside is somewhat irrelevant. C/Torng moved, C/Lin seconded, to approve Conditional Use Permit No. PL2011-058 as amended to change Condition 4 to show "class times (business hours)from 8:00 a.m.to 6:30 p.m. and amend Condition 5 to allow staff to review the enrollment for compliance. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson 8. PUBLIC HEARING(S): 8.1 Tentative Parcel Map No. 71362 —The applicant requested approval of a Tentative Parcel Map to subdivide an existing vacant 133,697 square foot (3.07 acre) gross lot into two lots for the development of single family residences on each lot. Proposed Parcel 1 is 73,283 square feet (1.68 acres) and Parcel 2 is 60,414 square feet (1.34 acres). The property is zoned Rural Residential (RR)with a consistent underlying General Plan land use designation. MAY 24, 2011 PAGE 6 PLANNING COMMISSION PROJECT ADDRESS: 2127 Derringer Lane Diamond Bar, CA 91765 PROPERTY OWNER: Surnermal Vardhan 320 Woodruff Drive Walnut, CA 91789 APPLICANT: Tritech Associates, Inc. 135 N. San Gabriel Boulevard San Gabriel, CA 91775 SP/Lee presented staff's report and recommended Planning Commission adoption of the revised resolution recommending the approval of Tentative Parcel Map No. 71362 to the City Council to allow a subdivision of an existing vacant lot into two separate lots, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Shah read into the record two letters/emails from neighbors in support of the project. C/Torng stated that based on the Tentative Parcel Map,there should not be any requests for variances. This is a 21 percent slope and he would not want the applicant to have a variance for the front yard or side yard setbacks. Is it possible to make a judgment call from this application? SP/Lee responded that as proposed, the project meets the development standards with respect to setbacks. Parcel 1 is currently in review for a Development Review application and the project meets the front, side and rear setbacks. Based on the building pad for parcel 2, there was an additional submittal showing the building footprint and it also complies with the setback requirements. Neither property will be requesting a variance. C/Torng asked about the"fair market value"and SP/Lee responded that staff looked at the Washington Street Park and came up with the assessed value of purchasing the land for the development of the Washington Street Park. C/Torng said that property is not in "The Country Estates" and "The Country Estates" property is quite expensive isn't it and SP/Lee said that C/Torng was correct; however, for purposes of calculating parkland dedication staff looks at the assessed valuation for park development. MAY 24, 2011 PAGE 7 PLANNING COMMISSION C/Lin asked for the front width of Parcel 2 and SP/Lee responded 110 feet which is in conformance with the City's standards. C/Lin said he noticed two easements on Parcel 2,the one on the south side is a gas easement, but the Tentative Parcel Map shows the building pad constructed on top of the easement and asked if that was allowed. SP/Lee explained that the Tentative Map shows the building pad, not the building footprint and she believed the easements would be relocated according to the Department of Public Works approval. C/Lin said he did not believe there was any place for the easement to the north to be relocated because the driveway extends to the property line. SP/Lee responded that the condition from the Public Works Department is to show the dedication of these easements to the City and she believes that it is acceptable as presented by the Public Works Department. She referred C/Lin to the applicant. C/Lin said if this is a public easement he does not believe anything can be built on top of the easement. VC/Lee said there is no actual building plan and that issue can be addressed when a plan is presented. This is a review of the Tentative Map only at this time. CDD/Gubman said that C/Lin has pointed out that this map is too much information because the Commission is only considering the subdivision. The actual development plan suggested by the building footprint and retaining wall delineations are purely conceptual on the map and should only be considered as a template to demonstrate that this proposed subdivision would result in lots that can be developed. C/Lin asked if CDD/Gubman was saying that the footprints are not part of tonight's approval and CDD/Gubman responded that C/Lin was correct and that the Commission needed to disregard the footprint and the approval of the subdivision in no way implies any approval of the development plans that are conceptualized here. Pete Volbeda, Architect for the project, reviewed the report and the conditions and he concurs with staffs report. With respect to the easements, there was a lot line adjustment on the southerly portion of the lower lot. The owner has received permission to relocate the utility easement along the property line in the required side yard which will not affect the building pad. The northern easement is a sewer line. The applicant contacted the appropriate agencies and was given permission to pave over the easement but not construct a building over the easement. He stated that they are aware of the limitations of the easements and will design accordingly. Surnermal Vardhan, property owner,thanked staff for their assistance on this project. Accordingly, he believes the project conforms to the standards set by the California Subdivision Map Act as well as,the City's General Plan and Zoning and the City's Subdivision and Development Code standards. He MAY 24, 2011 PAGE 8 PLANNING COMMISSION and his family look forward to being able to be a part of the Diamond Bar community and hopes that the Commission will approve the project. Chair/Shah opened the public hearing. With no one present who wished to speak on this matter, Chair/Shah closed the public hearing. VC/Lee moved, C/Torng seconded to adopt a revised resolution recommending the approval of Tentative Parcel Map No. 71362 to the City Council to allow a subdivision of an existing vacant lot into two separate lots, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the correction to the acreage on Parcel 2 from 1.34 to 1.39 acres. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: . None ABSENT: COMMISSIONERS: Nelson 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng said he was glad to be back. Chair/Shah thanked SP/Lee for a fantastic job on the presentation for the tutoring school project. 9. STAFF COMMENTS/IN FORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman stated that earlier he was struggling to think of types of businesses that operate in the City that do not require a license. An example is UPS and FedEx. There is a three week break until the next scheduled Planning Commission meeting on June 14. However, there are no items currently scheduled for June 14 and may very well go dark that evening. When the Commission reviews the Development Review application for one of the subdivided lots, there will be a more technical review of the development plans and condition the project accordingly in light of easements and other restrictions on the property. MAY 24, 2011 PAGE 9 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Shah adjourned the regular meeting at 8:05 p.m. The foregoing minutes are hereby approved this day of , 2011. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jack Shah, Chairman Attachment 3 PLANNING COMMISSION RESOLUTION NO. 2011-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 71362 FOR SUBDIVISION OF AN EXISTING VACANT 3.07 ACRE LOT INTO TWO LOTS FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE ON EACH LOT LOCATED AT. 2127 DERRINGER LANE, DIAMOND BAR, CALIFORNIA (APN.8713-034-030). A. RECITALS 1. The property owner, Surnermal Vardhan, and applicant, Tritech Associates, Inc., have filed an application for Tentative Parcel Map No. PL2010-128 to subdivide an existing vacant lot into two separate lots for the development of a single-family residence on each lot located at 2127 Derringer Lane. Hereinafter in this resolution, the subject Tentative Parcel Map shall be collectively referred to as the "Project." 2. The subject property is made up of one parcel totaling 133,697 gross square feet (3.07 acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Lot 56 of Tract No. 23483. The Assessor's" Parcel Number is 8113-019-004. 4. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers' on May 13, 2011. Public hearing notices Were mailed to property owners within a 1,000-foot radius of the project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity; 5. On May 24, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date; and 6.- The documents and 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. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: I The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study and Notice of Intent to Adopt Negative Declaration for the project on April 28, 2011, with the Los Angeles County Clerk. Pursuant to CEQA Section 15105, the public review period for the Negative Declaration began April 29, 2011, and 'ended May 18, 2011. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 21.20, this Planning Commission hereby recommends that the City Council make the following findings: 1. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project, proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations; Tentative Map Findings: Pursuant to Subdivision Code Section 21.20:080 of the City's Subdivision Ordinance, the Planning Commission recommends that the City Council make the following findings: a. The proposed subdivision, together with the provisions for its design and improvement' is consistent with the general plan and any applicable specific plan; The proposed project involves the subdivision of an existing vacant 133,697 square-foot (3.07 acres) gross lot into two separate lots f6r the development of a single-family residence on each lot Proposed Parcel I is 73,283 square-feet (1.68 acres) and Parcel 2 is 60,414 square-feet (1.34 acres). The property is zoned Rural Residential with a consistent underlying General Plan land use designation. The development of a single-family residence on each lot will be processed thro,ugh a Development Review application for compliance with the City's General Plan, City Design Guidelines and development standards. The project will provide additional homeownership opportunities of single-family housing that will be compatible with the surrounding development. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2 TPM No.71362 PL 2010-128 b. The site is physically suitable for the type and proposed density of development; The proposed subdivision will not interfere with the use and enjoyment of neighboring existing.or future developments because the use of each lot is for a single-family home and the surrounding uses are also single- family homes. The maximum allowed density for the Rural Residential general plan land use designation and zoning district is one dwelling unit per gross acre (I DU/Acre). Therefore, with a 3.07 acre lot, the proposed project is in compliance with the City's General Plan with regards to density. Also, the proposed location of the building pads and footprints are in compliance with the development standards and the retaining walls associated with the lot pads are designed to be four feet high. C. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat; Pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15168 et seq., an Initial Study/Environmental Checklist and Negative Declaration has been prepared for the application and found that the proposed project would not have any potentially significant impacts,on the environment. d. The design of the subdivision or type of improvements will not cause serious public health or safety problems; The grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. Detailed drainage and hydrology studies will be completed, including the potential for debris flows, and the proposed conditions of approval will likely prevent any significant increases in erosion and flood hazards. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire Department requirements, Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. III e. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. 3 TPM No.71362 PL 2010-128 The site does not have any access easements on-site. However, the proposed project is conditioned to dedicate an easement in front of the property as part of the private street. ` The proposed subdivision will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single- family home because it complies with the requirements for driveway widths. f. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board; The proposed subdivision will not violate any requirement of the California Regional Water Quality Control Board. To reduce water quality impacts to a level less than significant, the proposed subdivision is required to comply with the California Regional Water Quality Control Board, Federal Clean Water Act, and the National Pollutant Discharge Elimination System (NPDES) program, implementing construction- related Best Management Practices (BMP's) and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria. With project design features related to the storm drain system and conditions of approval, potentially significant water quality impacts would be reduced to a levels less than significant. I g. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions, and The grading will be constructed, operated, and maintained in-accordance with the recommendations contained in the preliminary geotechnical investig"ation 'to assure. that geotechnical stability is maintained or increased. h. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act. The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. in addition, the development of a single-family residence on each lot will be processed through a Development Review application for compliance with the City's development standards. j 2. Bused on the findings - and conclusions set forth herein, the Planning Commission hereby recommends that the City Council approve Tentative Parcel Map No. 71362, subject to the following conditions and the attached Standard Conditions of Approval- 4 TPM No.71362 PL 2010-128 a. GENERAL' . 1. The approval of Tentative Parcel Map No. PL2010-128 expires within three years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 21.20.140. The applicant may request in writing for a three year time extension if submitted to the City no less than 60 days prior to the approval's expiration date, subject to DBMC 21.20.150 for City Council approval; 2. Within five days of this approval,'the subdivider/applicant shall pay LO the City, the Department of Fish and Game fee pursuant to Section 711.4 of the Fish and Game Code; 3. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Los Angeles County Fire Department; 4. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one. (21) days of approval of this Tentative Parcel Map No. PL2010-128, at the City of Diamond Bar Community Development Department, their affidavit' stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pay the remaining City processing fees, school fees and fees for the review of submitted reports. 5. The development of the single-family residence on each lot shall be submitted for review and approval of a Development Review application and shall comply with the City's Development Code; 6. Prior to any use of the' project site or business activity being commenced thereon, all conditions of approval shall be completed; 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations; and 8. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. b. TENTATIVE PARCEL*MAP CONDITIONS 1. Approval of the Tentative Parcel Map is for subdivision of land only. No land use or development entitlements are expressed or implied. 5 TPM No.71362 PL 2010-128 2. The development shall provide parcels, easements or rights-of- way for private streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal and public utilities providing electric, gas, and telecommunications services; 3. All utilities shall be installed underground in compliance with DBMC Section 21.30.110; 4. The development shall carry out the specific requirements of Chapter 21.30 * (Subdivision Design and Improvement Requirements) and Chapter 21.34 (improvement Plans and Agreements) of the Subdivision Ordinance; 5. The development shall secure compliance with the requirements of the Subdivision Ordinance and the General Plan; 6. The design of the subdivision shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Subdivision Map Act Section 66473.1; 7. Prior to final parcel map approval, the subdivider shall pay a parkland dedication in lieu fee for park and recreational purposes in the amount' of $26,138, which.equals the parkland obligation derived from the formula in DBMC Section 21.32.040(C) times the ! . average per fair market value for the appropriate park planning area. For the purposes of determining the required fee, the term "fair market value shall mean the market value of the land as determined by the City staff, and approved by the Commission or Council, 'prior to or at tentative map approval. If the subdivider objects to the valuation, the subdivider, at his/her expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. Fair, market value may be determined by mutual agreement of the City and subdivider; however, decisions of the City as to fair market value shall be final and conclusive. Any, fees collected shall be committed within five years after payment, or issuance of building permits on -one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners. of the subdivision in the same proportion that-the size of their lot bears to the total area of all lots within the subdivision, and 8. The subdivider shall install any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like in accordance to DBMC Section 2.1.34.020 thru 21.34.030. 6 TPM No.71362 PL 2010-128 The Planning Commission shall (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Sumermal Vardhan, 320 Woodruff, Walnut, CA 91789, and Tritech Associates, Inc, 135 N. San Gabriel Blvd., San Gabriel, CA 91775. APPROVED AND ADOPTED THIS 24th DAY OF MAY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Jack Shah, Chairman I; Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 24th day of May, 2011, by the following vote: AYES: Commissioners: Lin, Torng, VC/Lee, Chair/Shah NOES: Commissioners: None ABSENT: Commissioners: Nelson ABSTAIN: Commissioners: None ATTEST: Greg Gubman, ICP, Secretary 7 TPM No.71362 PL 2010-126 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Tentative Tract Map No. PL 2010-128 SUBJECT: To subdivide an existing vacant 133,697 .square-foot (3.07 acres) gross lot into two separate lots for the development of a single- family residence on each lot. PROPERTY Sumermal Vardhan OWNER(S) 320 Woodruff Walnut, CA 91789 APPLICANT: Tritech Associates Inc. - 135 N. San Gabriel Blvd. San Gabriel, CA 9,1775 LOCATION: 2127 Derringer Lane, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, .and its officers; agents and employees, from any claim, action, or proceeding to attack, set-aside; void or annul, the approval of Tentative Parcel Map.No. PL 2010-128 brought within the time period provided by Government Code Section 66499.37. ;In the event the" cityand/or its officers, agents and employees, are made aparty of any, such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable . attorneys fees, incurred in defense of such claims. 8 TPM No.,71362 PL 2010-128 (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. I 2. The subdivider/applicant shall remove the public hearing notice board within three days of this project's approval. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, and any applicable Specific Plan in effect at the time of grading and building permit issuance. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works. Department) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS A. GENERAL 1: If applicable, a detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Parcel Map and prior to approval of the grading plan. Developer shall upgrade and construct all trails, including fencing and drainage devices. 2. A title report/guarantee.showing all fee owners, interest holders, and nature of interest shall be submitted for final parcel map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final parcel map approval. 3. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 4. Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 5. Prior to final parcel map approval, written certification that all utility services and any other servicerelated to the site shall be available to serve the proposed Project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days-prior to parcel map approval. 9 TPM No.71362 PL 2010-128 6. Prior to final parcel map approval, applicant-shall submit to the City Engineer the detail cost. estimates for bonding purposes of all grading and site improvements. 7. Prior to final parcel map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security: 8. Prior to final parcel map approval all site grading, landscaping, irrigation, and sewer improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 9. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing 'completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements and modified to those shown on the tentative parcel map upon approval by the Advisory agency. 11. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the .final parcel map, as approved by the City Engineer. 12. Easements, satisfactory to the City,Engineer and the utility companies, for. public utility and public services purposes shall be offered and shown on the final parcel map for dedication to the City. 13. After the final parcel map records, applicant shall submit to the: Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received. by the Public Works/Engineering Department. 14. Prior to occupancy; the applicant shall provide to the City as, built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City: 15. Applicant shall pay the deposits required for'plan check, review, and inspection to a separate engineering trust deposit where charges can be drawn by the City or. its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 16. Applicant shall provide digitized information in a format defined by the City for . all related plans,at no cost to the City. 10 TPM No.71362 PL 2010-128- 17. All activities/improvements for the. proposed Tentative Parcel Map shall be wholly contained within the boundaries of the map. Should any off-site I activities/improvements be the, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or construction shall be performed prior to final parcel map approval by the City Council and map recordation or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final parcel map approval by the City Council. 2. Prior to -beginning any grading activities, appropriate rodent barriers shall be installed around the perimeter of the project site to prevent the migration of rodents to existing residential and commercial sites. Aplan detailing the proposed rodent. barriers to be used by the developer/contractor shall be submitted to the Public Works/Engineering Department for review.. 3. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 4. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy, grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule.402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, ,all construction equipment shall be properly muffled to reduce noise levels. 5. All equipment staging areas shall be,located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot-high chain link fence. All access points.in the defense shall be locked whenever the construction site is not supervised. 6. Precise grading plans for each lot shall be submitted to the Community and Development Services -Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 11 TPM No.71362 PL 2010-126 7. Grading of the subject property shall be in accordance with the California Building Code, City'Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building padareas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 1.6 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. At the time of submittal of the 40-scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address,but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final parcel map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of. any remedial grading into natural areas shall be clearly defined on the grading .plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill*slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural.slope. g. Stability of all .proposed slopes shall be confirmed by analysis as approved,by the City Engineer: h. All geologic_data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40-scale final grading plan as a base: is All geotechnical and soils.related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final parcel map. 10. Finalr grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California i ' 12 TPM No.71362 PL 2010-128 registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. i 11 The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements.to the satisfaction of the City Engineer. Please refer to i City handouts. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post-construction activities respectively. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion - control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. An Erosion Control Plan shall be submitted concurrently with the grading.plan clearly detailing erosion control measures. These measures shall be implemented during construction and maintained by the contractor all year. round. The erosion control plan shall conform to national 'Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 14. A-Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the State and City for approval prior to issuance of any permits. i 15. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 16. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 17. Prior to the issuance of Grading .Permits, a pre-construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations.. 18. Rough Grade certifications by project civil and soils engineer and an as-graded geotechnical report shall,be submitted prior to issuance. of building permits for the foundations of structures. Retaining wall permit may be issued concurrently with the grading permit. i 19. Final Grade certifications by project civil engineer shall be submitted to the. Public,Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impar - t adverse visual impacts: Terrace drains shall follow 13 TPM No.71362 PL 2010-128. landform slope configuration and shall not be placed in an exposed positions. All -down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits,for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public. Works Department: D. STREET IMPROVEMENT (Not Applicable) E. UTILITIES- Easements, TILITIESEasements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown'on the detailed site plan,for dedication to the City. 2. Prior to final parcel map approval or, issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety(90) days prior issuance of grading`permits: 3. Prior to recordation. of final parcel map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code,including sewer,water, gas, electric power, telephone and cable TV, in accordance with the respective utility company. standards. Easements required by the utility companies shall be approved by the City Engineer. 4. Easements E5, E8, Ell, and El as shown on the approved Tentative Parcel Map no. 71362 shall be abandoned or relocated to a location satisfactory to the City Engineer and :easement documents for the aforesaid abandonment and relocation shall be reviewed and approved by the; City and recorded in the Los Angeles County Recorder's Office prior to final parcel map approval or permit issuance whichever:comes first. 5. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 6: . Underground utilities shall not be constructed within five feet of the drip line of any mature tree except as approved by`a registered arborist. TPM No.71362 PL 2010-128 E. SEWERS 1: The-applicant shall execute and record a Waiver and Agreement releasing Los Angeles County from any costs or damages incurred from removal of all obstructions to clear the easement and make way for authorized personnel to ' enter said right of way to install, maintain, repair, or reconstruct a sewer prior to final parcel map approval or permit issuance whichever comes first. 2. The sanitary sewer system serving the parcels shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final parcel map. . 3. A 6' wide easement for sanitary sewer purposes shall be reserved for Parcel 1 to allow for a sewer lateral connection to the main sewer trunk line located on Parcel 2. An easement document and plat map of the aforesaid easement document shall be 'reviewed by the City and upon approval recorded with the Los Angeles County recorder's office prior to final parcel map approval or permit issuance.whichever comes first. 4. The 6' wide easement for sanitary sewer purposes dedicated to the County on Recorded Map of Tract No. 23483 and noted as Easement E2 on ' TPM No. 71362 shall be. extended to Derringer Lane and dedicated to the City of Diamond Bar. This easement document shall be submitted to the City for review and upon approval recorded with the. Los Angeles .County recorder's office prior to final parcel map approval or permit issuance whichever comes first: 5. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 6. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS (Not-Applicable) END 15 TPM No.11362 PL 2010-128 Attachment 4 ORIGINAL.FILED i I I APR 2.8.2011 NOTICE OF AVAILABILITY A INTENT TO ADOPT NEGATIVE ®ECLA S cuUN'ryCLEM City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765 (909) 839-7030 NOTICE: Pursuant to the provisions of the California Environmental Quality Act (CEQA— Public Resources Code,Section 21100 et.Seq.),the City of Diamond Bar has determined that the project referenced hereinafter will not have a significant effect on the environment. A draft Negative Declaration has been prepared for review and approval in connection with project approvals and conditions of approval that the City proposes to impose on the project. PROJECT TITLE: Tentative Parcel Map No. 71362 (Planning Case No: PL2010-128) PROJECT ADDRESS: 2127 Derringer Lane, Diamond Bar, CA 91765 PROJECT DESCRIPTION: The project site is located within The Country Estates, a gated residential community served by private streets in the City of Diamond Bar. The applicant is requesting approval of a Tentative Parcel Map to subdivide an existing vacant 133,697 square-foot (3.07 acre) gross lot into two lots for the development of single-family residences on each lot. Proposed Parcel 1 is 73,283 square-feet (1.68 acres) and Parcel.2 is 60,414 square-feet (1.34 acres). The property is zoned Rural Residential(RR)with a consistent underlying General Plan land use designation. PROPERTY OWNER: Sumermal Vardhan, 320 Woodruff Drive, Walnut, CA 91765 APPLICANT: Tritech Associates. Inc., 135 N. San Gabriel Blvd., San Gabriel, CA 91775 A copy of the Initial Study, documenting reasons to support the findings that said project would not have a significant effect and does not contain any mitigation measures in the project to avoid potentially significant effects, is attached hereto for public review and available at the Planning Division. An Environmental Impact Report is not required for this project. Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared an Initial Study and Negative Declaration for this project. Pursuant to CEQA Section 15105, the public review period for the Negative Declaration begins April 29, 2011 and ends May 18, 2011. TIME OF HEARING: 7:00 p.m. (oras soon thereafter that the matter can be heard) DATE OF PUBLIC HEARING: Tuesday, May 24, 2011 LOCATION: South Coast Air Quality Management District/ Government Center Auditorium 21865 Copley Drive Diamond Bar, California 91765 CASE MATERIALS are available for review between the hours of 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Friday, at the City of Diamond Bar, Community Development Department/Planning Division, 21825 Copley Dr., Diamond Bar, CA 91765. 1 O:\Tentative M2ps\2127 Derringer Lane,TPM PL2010-128\Notice of intent.doc CITY -OF DIAMOND BAR gig WffIAL STUDY/ ENVIRONMENTAL CHECKLIST FORM CITY OF DIAMOND BAR-21825 COPLEY DRIVE-DIAMOND BAR, CA 91765 TEL. (909) 839-7030 1. Project title: Tentative Parcel Map No. 71362 (P(anning Case No. PL2010-128) 2. Lead agency name and address: City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765 3. Contact person and phone number: Grace S. Lee, Senior Planner, 909-839-7081 4. Project location: 2127 Derringer Lane, Diamond Bar, CA 91765 5. Project sponsor's name and address: Sumermal Vardhan, 320 Woodruff Drive, Walnut, CA 91765 6. General Plan Designation: Rural Residential 7. Zoning: Rural Residentail (RR) 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary) The applicant is requesting approval of a Tentative Parcel Map to subdivide an existing vacant 133,697 square-foot (3.07 acre) gross lot into two lots for the development of single-family residences on each lot. Proposed Parcel 1 is 73,283 square-feet (1.68 acres) and Parcel 2 is 60,414 square feet (1.34 acres). The property is zoned Rural Residential .(RR) with a consistent underlying General Plan land use designation. The average slope of the property is 21 percent. This project would have been exempt under Article 19, Section 15315, Class 15 (Minor Land Divisions) except that the average slope of the property is greater than 20 percent. The proposed subdivision is in conformance with the General Plan and zoning, no variances or exceptions are required, and all public services and utilities including water supply are available to service the project. The project site is located within The Country Estates, a gated residential community served by fully improved private .streets and surrounded by residential development. There are no agricultural activities on or near the proposed project, and the property does not have any protected trees on-site. In addition, the proposed project does not involve long-term changes to land use or other growth-inducing actions that could impact compliance with or implementation of the Air Quality Management Plan. Also, the proposed project is not expected to generate potentially significant greenhouse gases since it is subdividing an existing lot for, the construction of two single-family residences. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have less than a significant effect on the environment. j i 9. Surrounding land uses and setting: (Briefly describe the project's surroundings) North: Single-Family Residence in RR (Rural Residential) zone. South: Vacant Lot in RR (Rural Residential) zone. West: Open Space in RR (Rural Residential) zone. East: Single-Family Residence in RR (Rural Residential) zone. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. XMITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project .MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact"or"potentially significant unless mitigated" impact on the environment, but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been. addressed by mitigation measures based on the earlier analysis as described on attached. sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. i find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed. adequately in .an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR,or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Page 2 _...._........ . . Signature: Date: 04/18/2011 Printed Name: Grace S. Lee, Senior Planner For: City of Diamond Bar EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No lmpact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as.well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation,or less than significant.. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. if there are one or more "Potentially Significant Impact" entries ' when the determination is made, an EiR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially.Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVI I, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or. other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a.) Earlier Analysis Used. Identify and state where they are available for review. b.) impacts Adequately Addressed. Identify which effects from the above checklist were within the scope.of and adequately analyzed in an earlier document pursuant to applicable legal standards; and state whether such effects were addressed by mitigation measures based on the earl ier,analysis; c.) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from I the earlier document and the extent to which they address' site-specific conditions for the + project.; 6) Lead agencies are encouraged to incorporate into the checklist ' rences to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside docu'r•nent should, where appropriate, including a reference to the page or pages where the statement is substantiated Page 3 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. QUESTION: Potentially Potentially Significant Less than No Significant Unless Signirican Impact Impact Mitigation t impact ISSUES Incorporated I. AESTHETICS. Would the project: a Have a substantial adverse effect on a scenic vista? X Impact Discussion: The project site is located within an existing gated residential community, Surrounded by residential development. The proposed project will have a less than significant impact on" the scenic vistas that exist in The Country Estates such as city lights, foothills, and canyons. Some, if not most, homes were built so the occupants could enjoy the views, but the development itself will not affect any undisturbed vistas. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings; and historic buildings within X a state scenic highway? Impact Discussion: No officially designated State scenic routes or highways occur near the project site. c) Substantially degrade the existing,visual character or quality of X the site and its surroundings? Impact Discussion: The project site is located. within an. existing gated residential community; surrounded by residential development and therefore will be compatible with the surrounding uses. The project proposes to subdivide an existing lot into two lots for the development of a single-family residence on each lot. The development of single-family homes will be consistent with the City's developrrient code and design guidelines. As such, the proposed project,will not.degrade the existing . visual character or quality of the site and its surrounding. d) Create a new source of substantial light or glare which would X adverse) affect da or ni httime views in the area? Impact piscussion: The light source from the,development of two new single-family residences will be compatible with the*existing residential uses that surround the project site. As part of the development of the single-family residences; lightingw ill be included around the building and interior of the building. To reduce the impact on adjacent properties, any new exterior lighting will be directed away or shielded from adjacent properties and confined within the boundaries of the property pursuant to the development Page,4 code. With compliance with the development code, any significant impact of light and glare will be reduced to a level of insignificance. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t impact Incorporated 11. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Range Assessment project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring X Program of the California Resources Agency, to non-agricultural use? Impact Discussion: The project site Is not designated as Prime Farmland, Unique Farmland or Farmland of Statewide Importance. There are no agricultural activities on or near the proposed project site: Project implementation would not result in the conversion of farmland to non-agricultural use. Therefore the proposed project would have no impacts to farmlands. b) Conflict with existing zoning for agricultural use, ora X . Williamson Act contract? Impact Discussion: Implementation of the proposed project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. Therefore no impacts would result from the construction or operation of the proposed project. c). Conflict with"existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section X 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? Impact Discussion: There are no forestland; timberland or timberland zoned Timberland Production uses that are occurring on-site or in the immediate vicinity. Thus, the proposed project does not involve changes in the existing environment that. could conflict with existing zoning or cause of rezoning of forestland, timberland, or timberland zoned Timberland Production. I Page 5 Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation tImpact Incorporated d) Result in the loss of forest land or conversion of forest land to non-forest use? X Impact Discussion: There are no forest land uses that are occurring on-site or in the immediate vicinity. There is minimal amount of vegetation within the area, and no protected trees are located on-site. Thus, the proposed project does not involve changes in the existing environment that could result in loss of forest land or conversion of forest land to non forest use. e) Involve other changes.in the existing environment.which, due to their location or nature, could result in conversion of x Farmland, to non-agricultural use? Impact Discussion: There are no farmland uses that are occurring on-site or in the immediate vicinity. Thus, the proposed project does not involve changes in the,existing environment that could result in conversion of Farmland to non-agricultural uses. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated III. AIR QUALITY. Where available, the significant'criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air x qualityplan? b) Violate any air quality standard or contribute substantially to an existingor projected air qualityviolation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard X (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant TX concentrations? -Impact Discussion for a-d: The proposed project does,not involve long-term changes to land use or other growth-inducing actions that could impact compliance with or implementation of the Air Quality Management Plan. The construction of the two single-family residences•will not occur at the same time, and therefore thresholds for maximum daily construction;emissions for pollutants will not be exceeded and no mitigation is required. After the completion of the construction.activities, .it is not anticipated that there will be an increase in emissions from operational activities of two single-family residences. Also, a two-lot subdivision falls well below, the South Coast Air Quality Management District Air Quality.Handbook Threshold for criteria pollutants. Therefore, impacts from operational activities would be less than significant. ' Page 6 The following measures will be implemented during demolition and construction activities, consistent with South Coast Air Quality Management District Rule 403 iri order to reduce PM10 and PM 2.5 emissions: Water exposed surfaces frequently (as necessary) to prevent fugitive dust; Cover all stockpile of soil/fill with tarps; and Securely cover loads of soil/fill on trucks hauling dirt with tarps before traveling on streets and highways. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated e) Create objectionable odors affecting a substantial number of X people? Impact Discussion: The proposed project will result in the development of two-single family residences. The proposed project is therefore not expected to generate objectionable odors affecting a substantial.number of people. Construction activity associated with the proposed project may generate detectable odors from heavy-duty equipment exhaust. However this impact would be short- term in nature (only during construction activities) and cease upon project completion. Potentially Potentially Significant. Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated IV. BIOLOGICAL RESOURCES. Would the project. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, X policies, or regulations, or by the.California Department of Fish and Game or U.S. Fish and Wildlife Service? Impact Discussion: The project site is in an urbanized area, located within an existing gated residential community, surrounded by residential development. There is minimal amount of vegetation within the area, and no species that are candidate, sensitive or.special status species are known to exist'in the local vicinity. The,proposed project would not result in' significant adverse impact to Federal or State listed or other designated species. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local.or regional X plans, policies, regulations or by the California Department.of Fish and Game.or U.S'Fish:and Wildlife Service? Impact Discussion: *As previously stated; the project site is located within an existing gated residential community. o riparian I y N np ran habitat or sensitive natural communities exist on-site. According. to the Resource Management Element of the.City's General Plan, the project site is not identified as having environmental resources. Page 7 Potentially Potentially Significant, Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) X through direct removal, filling, hydrological interruption, or other means? impact Discussion: No federally protected wetlands occur on-site. Therefore implementation of the proposed project would not result in any impacts in this regard. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established X native.resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Impact Discussion: There may be native resident or migratory wildlife species in the canyons within The Country Estates, but there are no, nesting opportunities or rapter/wildlife foraging opportunities on the project site. Therefore implementation of the proposed project would not result in any impacts in this regard. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or. X . ordinance? Impact Discussion: The project site does not include protected habitat and has minimal amount of vegetaion within the area. The proposed project does not conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance: f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation.Plan, or other X approved local, regional, or state habitat conservation plan? Impact Discussion: There are no adopted Habitat Conservation Plan, Natural Community Conservation Plans or other approved local, regional, or state habitat conservation plans appiicable:to the project area. Therefore the proposed project would not result in impacts in this regard. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation . t Impact Incorporated V. CULTURAL RESOURCES. Would the project.- a) roject:a) -Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b), Cause a substantial adverse change in the significance of an X archaeological resource pursuant to Section 15064.5? i c) Directly or indirectly destroy.a unique paleontological resource. X onsite or unique eolo is feature? Page 8 Impact Discussion: The project site is located within an existing gated residential community. It is not located in an area likely to have historical, archaeological, or paleontological resources. The proposed project may have a significant adverse impact if it would cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines. This section of the CEQA Guidelines defines a historical resource as one listed in or eligible for listing in the California Register of Historical Places (per state law), included in a local register of historical resources (as defined by state law) or identified as significant in an historical resource survey (meeting the requirements of state law) or determined by the lead agency (City of Diamond Bar) to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California, provided the determination is supported by substantial evidence in light of.the whole record. Generally, a resource-shall be considered by the lead agency to be "historically significant" if the resource meets•the criteria for listing on the California Register of, Historical Places. In this case, the existing site is not listed in nor eligible for listing in the California Register of Historical Places, not listed -in a local registrar of historical resources or identified as significant in an historical resource survey, nor has it been determined to be historically significant by the City because it does not meet the criteria for,listing on the California Register of Historical Places. Therefore, it does not meet the definition of a historical resource contained in Section 15064.5 of the CEQA Guidelines and is therefore less than significant impact. Potentially Potentially Significant Less than No Significant Unless Significan Impact Impact Mitigation t Impact ISSUES Incorporated d) Disturb any human remains, including those interred outside of X formal cemeteries? I A Impact Discussion: It is not anticipated that human remains exist within the project site. However, should any human remains be encountered during any earth removal or disturbance activities, all activity shall cease immediately,and the Los Angeles County'Coroner must'be notified within 24 hours of the discovery, in accordance with Public Resources Code Section 5097.94. If,the coroner determines that the remains are not recent,' the corner shall notify the, Native American Heritage Commission for consultation in accordance with PRC Section 5097.98. Potentially Potentially Significant Less than No Signiflcant Unless Significan. Impact Impact Mitigation t Impact ISSUES Incorporated Vi. ,GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse affects, including the. risk of loss, injury, or death involvin i) Rupture of a known earthquake fault, as delineated.on the most recent Al uist-Priolo Earthquake Fault Zoning Map issued by.the State Geologist for the area or based on other X substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Impact Discussion: Nd active faults are known to traverse the project site and the project site is not located. within,.or immediate.adjacent to an Alquist-Priolo Earthquake Fault Zone. Thereforei rupture of a known earthquake fault would not occur within the project area. Adherence to standard engineering . i geologic � practices and design cntena:relative to seismic and hazards in accordance with the. Uniform Building Code (UB) is required: . . Page 9.. .. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact p Incorporated ii Strong seismic ground shaking? I X Impact Discussion: Southern California has numerous active and potentially active faults that could produce strong ground shaking that could impact the project site. '. The City of Diamond Bar is in proximity.to the San Andreas and Sierra Madre Fault zone. The California Building Code requires structural design and construction methods that minimize the effects of strong seismic ground shaking., The California Building Code requirements would be applied to the proposed project as standard conditions of project approval. iii) Seismic-related groundfailure, including liquefaction? X Impact Discussion: . The project area is.located within a portion of the City that is not subject to liquefaction. :Therefore project implementation is not anticipated to result in the exposure of people or structures to potential.impacts related to seismic ground failure or liquefaction. iv Landslides? X Impact' Discussion: The proposed project required the submittal and approval of a preliminary geotechnical investigation report. This report indicated that the project site is , suitable for the developmenf of two single-family'residences with the recommendations in the report incorporated into the project's design and job specification. Therefore, the-potential for seismically-related landslides is less than significant. _ b Result in substantial soil erosion or the loss of topsoil? X .. Impact Discussion The largest source of erosion, particularly in an urban environment is uncontrolled drainage during construction. Erosion'potential during construction would be managed to the maximum extent practicable with Best Management Practices (BMPs). The proposed project is 'required to be covered under the. National Pollutant Discharge•Elimination System (NPDES) General Construction Permit•, therefore construction BMPs would be implemented•on the project site during demolition and, construction activities' to'minimize erosion impacts. Implementation of the construction-related BMPs would reduce potential construction-related impacts to the maximum extent feasible. The operation of the project site would not cause the loss of topsoil or erosion because the site would be landscaped and paved. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X potentially result in on-or off-site landslide,,lateral•spreading, subsidence;"li•uefaction or collapse?, Impact,Discussion;_ Soil under the project :site• has .been analyzed in the preliminary .geotechnical investigation report. The report indicates that with the recommendations in the report incorporated into. the project`s design_and job specification, the subject site is suitable for the development of two single- family.residences. The*potential of an,on-site and•off-site landslide; liquefaction, lateral spreading or • collapse,is not likely.-,, herefore the n significant impacts0 osed project would resuIt in :esstha related todevelopment on an.unstable`soIl unit: ' Page 10 Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact incorporated d) Be located on expansive soil, as defined in Table 1804.2 of the California Building Code (2007), creating substantial risks to X life or property? Impact Discussion: As described above;'the project site, is stable. Soil under the..project site was investigated and the preliminary geotechnical investigation report indicates that the 'incorporation of recommendations into the project's design and job specification, the subject site is suitable for the development of two single-family residences. Therefore, potential impacts from expansive soils would be less than significant. e) Have soils incapable. of adequately supporting.the use of septic tanks of alternative waste water disposal systems X where sewers are.not available for the disposal of waste. water? Impact Discussion: The project would be served by the public sewer system, thus there is no impact on soils inadequately, capable of supporting the use of septic tanks or alternative waste water disposal systems. Potentially Potentially Significant . Less than No Significant.j Unless. Significa'n Impact ISSUES Impact Mitigation timpact' Incorporated: VII. GREENHOUSE GAS.EMISSION. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the X environment? b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse X gases? Impact Discussion for a and b Many of the world's leading scientific experts agree that greenhouse gases (GHGs) generated: by`human activities affect climate by increasing the "greenhouse effect." The gases concentrate in the Earth's atmosphere and trap heat by blocking some of the long-wave energy the Earth normally:radiates. back.into space. Human activities that produce GHGs are the burning of fossil fuels (coal, oil and natural gas for heating and.electricity; gasoline and diesel'for transportation); methane from landfill .wastes and raising livestock, deforestation activities; .and some agricultural ,practices. These activities are increasing the greenhouse gases in the Earth's atmosphere and could be accelerating global climate change. Long-term environmental consequences in California could potentially include a reduction in water supply.from the Sierra Nevada snow:pack, which could result in a reduction in imported-,water, and public health problems due to degraded air quality and more intense summer heat. in 2006, Governor Schwatzenegger signed AB 32, the California.Climate Solutions Act'of 2006. AB 32 requires'that statewide GH.G"emissions'be reduced to 2000 levels by the year.2010;'"1990 levels by the Is b accomp shed ilt ugh an enforceable Statewide,cap o rcen - than 1990ln GHG emissions-that tw I be reductions. tions:-will be in starting in 2012: To effectively implement the cap.,. AB 32 directs the California.Air.Resources Board.-(-CARE) to develop and implement regulations to reduce statewide GHG emissions from stationary sources. AB 32 Page 11 specifies that regulations adopted in response to AB 1.493 should be used to address GHG emissions from vehicles. However, AB 32 also includes language stating that if the AB 1493 regulations cannot be • implemented, then CARE should develop new regulations to control vehicle GHG emissions under the authorization of AB 32. AB 32 requires that CARB adopt .a quantified cap on GHG emissions representing 1990 emissions levels and disclose how it arrives at the cap; institute a schedule to meet the emissions cap; and develop tracking, reporting, and enforcement mechanisms to ensure that the state.achieves reductions in GHG emissions necessary to meet the cap. In 2007, CARB adopted the statewide 2020 emissions cap at 427 million metric tons (MMT) equivalent carbon dioxide (CO2e) greenhouse gas emissions. CARB estimated that 2020 'business-as-usual' emissions (meaning, emissions of greenhouse gases without consideration of climate change) would be 596 MMTCO2e; therefore, emissions will need to be reduced by 169 MMTCO2e (28 percent) statewide to meet the 2020 --threshold. AB 32 also includes guidance to institute emissions reductions in.an economically efficient manner and conditions to ensure that businesses and consumers are not unfairly affected by the reductions. A numerical threshold to determine the.significanceof greenhouse gas emissions has not been established by the City or SCAQMD. Global climate change is not confined to a particular project area and is generallyaccepted as the consequence of global industrialization over the last 200 years. A typical project, even a very large one, does not generate enough, greenhouse gas (GHG) emissions on its own to influence global climate change significantly; hence the issue of global climate' change is, by definition, a cumulative environmental impact. The State of California, through its. governor and legislature, has established a comprehensive framework for the substantial reduction of GHG emissions over the next 40-plus years. This will occur primarily through the implementation of AB32 and Senate Bill 375 (SB375), which will. address.GHG emissions on a statewide, cumulative basis. Nevertheless, the currently proposed.project is not expected to generate potentially significant greenhouse gases by subdividing an existing lot for the construction`of two single-family residences. Therefore; no new significant impacts are anticipated and. no mitigation measures are necessary at this time: Potentially Potentially Significant Less than No. Significant Unless Significan Impact ISSUES . Impact Mitigation tImpact p Incorporated VIII. HAZARDS. AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use,or disposal of hazardous X materials? Impact Discussion: The proposed project would not create a significant hazard to the public or the environment from,the routine transport, use; or disposal:of hazardous materials. Small amounts of hazardous materials.may be found in solvents and chemicals used for cleaning, building'maintenance, and landscaping. The materials would be similar to.those found .in common household projects or pesticides. Hazardous materials..used in construction and. operation of the proposed project would be subject to City, State, and Federal:regulations, reducing impacts to. a less than significant level. b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the-release of.hazardous materials into the-*. environment? . Impacfi Discussion: The proposed'Uses' are.not anticipated to' re.suit in'the. creation.of health hazards following;compliance with health and..safety regulations. The proposed uses would not use, generate or. Page 12 dispose of hazardous materials in large quantities. As stated above, hazardous materials used in construction and operation of the proposed project would be subject to City, State, and Federal regulations, reducing impacts to a less than significant level: Potentially Potentially. Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter X mile of an existingor proposed school? Impact Discussion: The proposed project-would. not involve the transport,- use, handling, or disposal of notable quantities of hazardous materials, aside from normal. household chemicals and landscaping applications. ' Therefore, the proposed project would not pose a health risk to:nearby schools, and no significant impacts to schools would result from the construction and operation of the development of two single-family residences. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant X hazard to the public or the environment? Impact Discussion: The project site is. located within an existing gated residential community, surrounded by residential .development. The existing uses do. not a use, handle; or store. hazardous materials: Development of the proposed project would not create a .significant hazard to the public or to the environment. Therefore no impacts would occur in this regard. e) For a project located within an airport land.use plan, or where such a plan has'not been adopted, within two milessof a public airport or public use airport,would the project result in a safety X hazard for people residingorworking in the project area? Impact Discussion: The project site isnot located within an airport land use plan:or within two miles of an airport: The nearest airport is Brackett Field Airport, which.is approximately 6-miles northeast of the project site: No impacts would occur in this regard. f): For a project within the vicinity of a private airstrip, would the project result in a safetyhazard for people residing or working X in the project area? Impact Discussion The ro ectsite is,not located" an airport land p p j use,plan with within two miles of an airport.' 'The nearest airport is Brackett**Field Airport' which is approximately 6 miles northeast of the project site: No impacts would occur in.thisregard. . g) impair implementation of or physicaily interfere with an adopted emergency response plan or emergency'evacuation X lah? : . . Fage.13 'Impact Discussion: Emergency vehicles would continue to have access to project related and surrounding roadways upon completion of the single-family residences The proposed development of two single- family residences. would., not impact access to emergency response. In addition, the proposed' development of;two single-family residences would not place temporary or permanent barriers on existing roadways or reconfigure existing roadways. Therefore, no impacts would result from the construction and operation-of the proposed development of two single-family residences: Potentially Potentially Significant Less than No Significant Unless Signil'ican Impact ISSUES Impact Mitigation timpact Incorporated h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where,wildlands are x adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Discussion: The project site and surrounding areas are predominantly built out and no wildlands occur within of-adjacent to the project site., Future development as a result of project implementation would introduce ornamental landscaping, which is not anticipated to create hazardous'fire conditions. In addition, a fuel modification plan is required. and subject to the review and approval of the County'of Los Angeles, Fire Department's Prevention Bureau Forestry Division. Potentially Potentially Significant ' Less than No Sign cant Unless Signirican Impact ISSUES Impact Mitigation tlmpact. Incorponited IX: HYDROLOGY AND WATER QUALITY. Would the protect. a) Violate any water quality standards or waste discharge requirements? X . Impact Discussion: .The proposed project will not be allowed to violate any water quality standards or waste discharge requirements.' The State .Water Resource Control' Board (SWRCB) has adopted a National, •pollutant. Discharge Elimination System (NPDES) General Permit for storm water dischargesassociated with construction activity. Compliance with Statewide NPDES'General Permit for Strom Water Discharges associated with construction activity which wouldprevent storm water pollution.frorri impacting waters of the ..U.S..in the vicinity of the project area, will be required. b) Substantially deplete,groundwat6r supplies or interfere substantially with groundwater recharge'such that there would be a net deficit in aquifer.volume or a lowering of the local groundwater•table level (e:gthe production' rate of pre X existing nearby wells would drop to;a level which would not support existing land uses or planned 'uses for which permits have been gtanted ? Impact Discussion .The leveof.the p,roposed excavation will not reach the a quifer, thus the proposed development: of two; single-family,residences .will not substantially .,deplete groundwater supplies, or interFere substantially with groundwater recharge such that there would be a net deficit:in aquifer'vo(urne . or lowering of the local"groundwater table level..: Pa Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact. Mitigation t Impact Incorporated c) .Substantially alter the existing drainage pattern of the site or area, including'through the alteration of the course of a stream X or river, in a manner which would result in substantial erosion or siltation on-or off-site? Impact Discussion: There are no streams or rivers nearby. The Public Works/Engineering Division is requiring that,prior to approval of a grading plan, the applicant shall prepare and submit a drainage study,:including supporting hydraulic and hydrological data to the City for review andacceptance...The proposed development will not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off-site. There will also be specific use guidelines for water conservation in the irrigation of planted areas. These guidelines include but not limited to water sensors, programmable irrigation timers, differing water quantity zones, and drought tolerant plants. d) Substantially alter the existing drainage pattern of the site or :.: area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface X runoff in'a manner which would result in flooding on- or off- site? . Impact Discussion: There are no streams or rivers nearby. The Public Works/Engineering Division is' requiring.that, prior to approval of a grading plan,the applicant shall prepare and submit a drainage study, including supporting hydraulic and hydrological data to the City for review and acceptance: The ro osed development will not substantial) alter the existin drains e pattern of the site or area or p p, p Y g � 9 p substantially increase the rate of amount of surface runoff in a manner which would result in flooding on or off-site. e) Create or contribute runoff water which would exceed the capacity of existing'or planned,stormwater drairiage systems X or provide substantial additional sources of polluted runoff? impact Discussion: See Response c and,d above. f) Otherwise substantial!y degrade water quality? X Impact Discussion: See Response a and b above. g) Place housing within a;100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate. X Map or other flood hazard delineation map?. h). Place w'ithin*a 100-year flood hazard area structures which would.im ede or redirect flood flows?. f X, i) Expose people or structures to-a significant risk of loss, injury or death 1hvolving.flood ing,including flooding as a result of the X failure of a levee or dam? Impact Discussion-for'g L: The project site.is not located within a flood zone:: Additionally, the City of Diamond Bar Js not subject to any major flood Hazards; or potential inundation due to nearby dam ,.= failures.'. Furthermore, the Federal Emergency Management Agency's (FEMA).'Flood;Insurance 'Rate . Pa 615 . Map designated the entire City as within a Flood Zone "V Flood Zone"X" is identified as an'area of 0.2 percent annual chance of flood. The proposed project would- not involve the placement of structures within a 100-year flood hazard area: Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation . t impact Inco orated 1 . j -Inundation by seiche, tsunami, or mudflow? X Impact Discussion:: The proposed project site is approximately 4.0 miles inland from the Pacific Ocean and there are no large bodies of water within the vicinity of the project siite.that would cause inundation byseiche, tsunami, or mudflow. Therefore no impacts would result from the construction-and operation of the proposed project. Potentially Potentially 'Significant Less than No Significant Unless 5ignlfican 'Impact I m act ISSUE.' Impact Mitigation tImpact P Incorporated X. LAND.USE AND PLANNING. Would the project: a) Physical ly'divide an established community? X Impact Discussion: The . ro osed ect•site would not p p project p p � disrupt or physically divide an established community:: The project site is a vacant.site, located,within an existing gated residential community, surrounded,by residential development. b)• Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project.(includi•ng; but to limited to the general p(an,.specific plan, local coastal ' X program, or zoning ordinance) adopted for the purpose of avoiding or mitigating.an environmental effect? impact Discussion: In accordance with Title 21 of the City of,Diamond Bar's Municipal.Code, the project applicant has requested the.approval of'a Tentative.Parcel Map to subdivide an existing vacant 133,697 square-foot (3.07 acre) gross lot'into two'lots for the development.of single-family'residences,.on each lot. Once the subdivision is approved, the applicant will .submit a Development Review application for. the approval,of,the project's'architectural and site design: :With the approval of these entitlements, -the development.of the proposed project would be in compliancewith all applicable City of Diamond Bar's land use plan, policy, and regulations. c) Conflict with any a licable habitat conservationpian or natural pP. communityconservation plan? Irripact.Discussion,': The'.proposed project site is hot-included in any habitat conservation plan or natural community conservation plan. Page 16 Potentially Potentially Significant Less than No Significant .Unless Significan Impact ISSUES Impact Mitigation tlmp�ct Incorporated XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the X state? Impact Discussion: The project site is not identified as a site with known mineral resources that would be of value to the region and the residents of the state. Therefore, the proposed project would have no impacts to mineral resources. b) Result inthe loss of availability of a locally-important:mineral resource recovery site delineated on a local general plan; X s ecific plan or other land use Ian? Impact Discussion: The proposed project will not result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land'use plan, because the site contains no known mineral resources: Potentially Potentially Significant Less than j Significant Unless Significan No Impact Mitigation. t Impact Impact. ISSUES Incorporated XII. NOISE. Would the project result in: a) Exposure of persons.to or generation-of noise levels in excess. of standards established in the local general plan or noise X ordinance, or ap licable standards of other a encies? Impact Discussion: There will be a temporary increase in noise levels during construction of the project, but.it will not be substantial and must remain within noise limits established by the City. The City of . Diamond Bar's Municipal Code; Chapter 8.12 Division 3, Section 8.12.720 prohibits.construction-related noise between the hours of 7:00 p.m. and 7:00 a.m. Construction activity is prohibited on Sundays and holidays. . Noise from.the short-term (less than ten days) operation of mobile construction equipment. may,not exceed a maximum of 85 dB. Additionally, the proposed subdivision for the development of two single-family homes is"compatible with the single-family residential_uses that surround the project site. The proposed'use is not expected to exceed noise levels set forth in the Municipal Code.for residential, uses: b) ..Exposure of persons to or generation of e�,cessive X iroundborne vibration or groundborne noise levels. � . Im act Discussion: 'Construction activities have .the otential #o create roundborne vibration and/or p p groundborne noise levels. However, any impacts-would be temporary.and of* minimal 'duration. Additionally, implementation of the construction hours would restrict these activities' to daytime hours only F-67) A substantial permanent increase in ambient noise levels in the X• project vicinit above levels existing without.the 'roect?: :. Page:t7 Impact Discussion: The ambient noise levels will not substantially increase and will be compatible with the noise levels for residential uses in the surrounding area. Potentially Potentially Significant. Less than No Significant Unless Significan Im o ISSUES. impact Mitigation tImpact . I act Incorporated d),A substantial temporary or periodic increase in ambient noise levels in the project vicinity.,above levels existing without the X project? Impact Discussion: Construction activities would require the use of trucks to bring construction materials to the site, which would contribute to ambient noise in the project area. The truck noise would be temporary and .sporadically distributed throughout the construction activities, and would be limited to between the hours of 7 a.m. to 8 p.m. daily except.Sundays and legal holidays. e) ,For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public: airport or public use airport, would the project expose people X residing or working in the project area to excessive noise levels? Impact Discussion: Construction of the proposed project would have no impact with regards to airports. The project area is not located within 15 miles of any public airport or within an airport (and use,plan. Therefore, no'impacts would occur.: f) For a project within the.vicinity of a private airstrip, would the project expose,people residing or working in the project area X to excessive noise levels? Impact Discussion: The construction of the proposed project would have no irripactwith regards to private airstrips. The project area is, not located within the vicinity of.a private airstrip. Therefore, no impacts would occur. Potentially Potentially Significant Less than impact, No • Significant u nless '. Significan ISSUES Impact Mitigation Y Impact: Incor'orated MI. POPULATION AND HOUSING. Would the project a). Induce substantial population growth in an area, either directly. (for example, by proposingnew homes and businesses) or X indirectly (for.example, throughextension of roads or other infrastructure)?' i' b) Displace substantial numbers of existing housing, necessitating the:.construction of replacement housing X elsewhere? c) Displace substantial numbers of people, necessitating the construction of re lacement housin elsewhere? X Impact Discussion for a-c: The increase of two,single-family residences is not significanf in the context of the City as a whole.or substantial.for:the area. ,The project site is an existing vacant lot: There is no housing and therefore will not displace housin or 'eo le as.a result of:this ro'ect. g. P p R 1 i. Page 18 Potentially ant Less ly 8iNoSgnifican Unssgn' can Impact Impact' Mitigation t Impact' p ISSUES Incorporated XIV. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? X ii) Ponce protection? X .-iii) Schools? X. AV) Parks? . X, V) Other public facilities? X Impact Discussion:. The marginal increase of two residential units from the proposed_ project are'well within those anticipated in the City's General Plan, and would not require the provision of new or altered governmental facilities- for fire protection, police protection; schools, park, or other.public facilities: However; the applicant is required to pay school fees to the Walnut Valley Unified School District (WVUSD) as part of the building. permit process in order to help meet the potential funding, needs created by the proposed increase in population. In,addition; the WVUSD would receive Average Daily Attendance(ADA)funding for any'children attending public schools . Potentially Potentially, Significant Less than No Significant Unless Signirican Impact. ISSUES Impact Mitigation ' t Impact• Incorporated XV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or X be accelerated? b)`. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might X have an adverse physical effect on the environment? Impact Discussion for a-b: The proposed project would,not trigger the new construction or expansion of recreational facilities: Due to the marginal increase of.two residential units from•the proposed 'project, there may be some increased use of existing neighborhood recreational facilities, but it would not be' expected ,to be significant -or to'significantly increase the physical,'.dete'doration of the facilities. .in ' addition, the project site is located within a gated residential coMmunity that offers many amenities for their residents, including a swimming pool,•board room,-clubhouse, community park, and. tennis courts: The property owners would pay Homeowners Association dues-.to,maintain -the- facilities within the Association: Therefore no impacts would occur: . Potentially Potentially Significant less than No Significant Unless Significan Impact ISSUES Impact Mitigation, t Impact Incorporated. XVI. TRANSPORTATION /TRAFFIC. Would the project.- a) roject:a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and hon-motorized X travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths,and mass transit?.. Impact Discussion: The increase*of two single-family residences is not significant and will not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system.. b) Conflict with an applicable congestion management program, including, but not limited to level of.service standards and travel demand measures,or other standards established by X the'county-congestion management agency for designated roads:or highways? Impact Discussion: The increase of two single-family residences is notsignificant and will .not exceed existing leve[ of service standards for surrounding roadways and intersections established by'the County Congestion Management Program Monitoring System. c) Result in a change.in air traffic patterns including either•an increase in traffic levels or a change in Iodation that results in X substantial safety risks? Impact Discussion: The proposed project will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results insubstantial safety risks because there is no airport nearby. d) Substantiallyincrease hazards due to a design feature (e.g.; sharp curves or dangerous.intersections) or incompatible, X uses (e. ., farm e ui merit)? Impact Discussion: The proposed project would hof create any hazards,due to design,features or . incompatible uses.' Access to the project site'wo(ild be 'required to co•mply,with all City designstandards, which would reduce potential impacts to-a less than significant level..- e) Result in inadequate emergency access? X Impact Discussion: The ro osed ro'ect would not si niflcantl tm act the ade 'uac of exisfiin and • P g Y P P P J Y Y Y 9 q Y g, future emergency services. The roadways and "drivewa s are existin and will not be relocated. The proposed protect would be constructed according to City of Diamond.,Bar and County.of L.os Angeles requirements foremergency access'.`:Therefore significant impacts' Would' ' t result from the construction' i and operation of the'proposed project, Page 2b Potentially Potentially Significant Less than No Significant Unless Significan Impact Impact Mitigation t Impact ISSUES Incorporated_. f) Result in inadequate parking supply? TTI Impact Discussion: The proposed development of the two single-family residences will be required to. provide adequate parking with on-site parking spaces in compliance with the City's Development Code during the Development Review application process for the approval of the project's architectural and site design. g) Conflict with adopted policies,plans, or programs regarding public transit, bicycle,-or pedestrian facilities, or otherwise X decrease the performance or safety of such facilities? Impact Discussion: The roadways and driveways are existing and will not be relocated. The proposed project would be constructed according to City of Diamond Bar and County of Los Angeles requirements. Therefore significant impacts would not result from the construction and development of the.proposed proj ect: Potentially Potentially Significant Less than No Significant Unless` Significan Impact • Impact Mitigation t Impact ISSUES inco� orated XVII: UTILITIES AND SERVICE SYSTEMS. Would the project: a) .Exceed wastewater treatment requirements of the applicable X Regional Water Quality Control Board? . I b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,.the construction of which could cause,significant environmental effects? Impact Discussion fora-b: The proposed, project would not result insignificant impacts and would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control,Board, and would have a less than*significant impact on the need to construct new water or'wastewater treatment facilities or expansion of existing facilities. Additionally, the County Sanitation Districts of Los Angeles County reviewed the proposed project and in a correspondence dated May 25, 2010 states it is prepared to ,provide wastewater service to this project. The Walnut Valley Water District also reviewed the proposed project and in a correspondence dated'April 21, 2010 states it isprepared to provide water service to this project. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? i Impact Discussion: The proposed project would not result in significant impact on the need to construct storm water drainage facilities or expansion of existing facilities Page 21 Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Inco orated d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or X expanded entitlements needed? Impact.Discussion: As previously discussed in a and b above, the proposed project would have sufficient water supplies.available to serve the project from existing entitlements and resources. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate X• capacity to serve the"project's projected demand in addition to .the provider's existing commitments? - Impact`Discussion: The County Sanitation Districts of Los Angeles County reviewed the proposed project and in a correspondence dated May 251 2010 states it is prepared to provide wastewater service to this project. f) Be served by a landfill with sufficient permitted capacity to ` accommodate theproject's solid waste Adis osal needs? X g) Comply with.federal, state, and local statutes and regulations related to solid waste? : X Impact Discussion for f-g: Refuse and recycling•service is provided by.Waste Manage'menf,. Inc. for single-family. residential developments. The company hauls.nonrecyclable solid .waste to the Puente Hills. Landfill. This,facility has enough capacity to accept solid wasteuntil the year 2020, according to the disposal company. All solid waste materials generated at the project site would be disposed of in accordance with.applicable state, federal, and local statut es`and regulations: Potents • ally'; Potentially Significant Less than No Significant Unless Significan Impact. ISSUES Impact • Mitigation timpact Incor'oraied XVIII,. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project.have the potential to degrade the qualify of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,' threaten to e'liminate.'a plant or animal:community,•reduce the number or.restrict the range of X. a rare or endangered plant or animal or eliminate important examples-of.the.major periods.of California history or prehistory? - Impact Discussion: The .project site. doe§ not contain the habitat of a fish, or wildlife spe.cie5 and' therefore construction*of the proposed project would not.cause a fish or.wlldlife"population'.to drop beloy self-sustaining levels;,threaten to eliminate a`plant or animal-community, or reduce or;restrict the range of.a rare or endangered plant or animal.."Likewise, 'approval of thef proposed project is not aiitic'ipated to eliminate.examples'.,of.major<periods of California history-or-'prehistory. . . �: Page 22 .•. Potentially Potentially Significant Less than No Significant Unless Significant Im act Impact; Mitigation Impact P ISSUES Incorporated. b) Does the project have impacts that are individually limited, but. cumulatively considerable?("Cumulatively considerable" means that the incremental effects of a project are X. considerable when viewed in:connection with the effects of past projects, the effects of other.current projects, and the effects of probable future projects)? p y p he individually. . . . .Impact Discussion:. The cumu(ativel considerable impacts of dually limited project are not expected to. be:significant and are in keeping with the long-range considerations of the City's General Plan. With the conditions of project approval, the cumulative,impact of the individually limited 'project impacts will not be considerable. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X. indirectly? i Impact Discussion: With the .conditions of project approval, no substantial direct or indirect adverse environmental effects on human.beings can be expected from this project. Grace S. Lee 04/18/2011 Name Date Senior Planner. Signature Title Page 2S SOURCES CITED IN THE EVALUATION OF ENVIRONMENTAL IMPACTS , Planning Case PL2010-12.8 1. General Plan of the City of Diamond Bar adopted July 25, 1995 2.. General Plan of the City of Diamond Bar, Environmentai Impact Report and Addendum dated July 25, 1995 $: Municipal Code, City of Diamond Bar 4. Tentative Tract Map No. 71362 Preliminary Geotechnical Investigation prepared by American Geotechnical, Inc. I Dated Jul 28 2010 6. 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Sb�41 WE BOtN PAVAEsi�c 9ro 2.NAUZZ'SYCMiOtE(RATAIN.SR4CFO BA) 0LT2C 6DPPAKRitt'O2T.VIXDIA6 IAAb AVDlF_AR9uD 5i,'✓?-0Y� 3.CWFOWdA BAY BBt1AAf6A G4LFOtd•4A CDT Z00p u YDS IDT 56 RI0�4ut 4,t9r0 AS vST.tD.454 OF I B. CAfIF0RMA BLACK 4Yt]MiTl+r]QAh6 CADF0RMA) IIAP0RTma �290O t1roIm LOT 55 0]naLL]60m9. GENERAL.NOTES: ova PMiCH.PiCM OAnl PROMM s.ABLAALVAiL'Ri AW RA901MMd VAFOHNJ PARC9.t: __ 1 jNDIPN. 0R _ �55:73'2B35F"•6 �' CITY OI{' DIAMOND BAR 32D w�oFarFF DR NOTE PROJECT 13 NOT WHIN HAZARDOUS ZONE FOR s]ROME1O14FS1F6i1sm t4'W� .CA91709 LOT65.114 SF1.495 2127 DERNI iWE 78-909.594.6705 LOT COVfiaAL 29.40% DLM4O1C BAR CABINS PTRLB-2: LMLITY LE u�DFSSCCRI MON ZONE(fiE"-aB40'RI-40000•(FED - GR055:60,414 SF(1.307 AC) ...0 BFLTiOCIT': G45: x'mv�m vi 6 'ucw.su ZO]E(FROFVS®):Ri-40000•(W0 µ rER 54,604SF`1.278 AC) _ _ LDT C0vHV+GE 15.27% SOLIM57N CALIF0MA EDISON S07HE+N CALIF0RMA GAS COMPA14Y ASSESSOR PFRCB-]A: HOLY•,CA0,L.S.6924 1-BOD•6554555 t-800427.2200 0 rs ma'am mx OWNER:SDUEAULL]rD rwrcxuw vMiDlWr�m 8713-034A]U 735 R A14 OMAIRB.G&BRELB VD. - 10TPL' SES SANT VAIEW-INU C s4;i�o rtL 404-441-L>¢4 t35HSP)47Q-191BW0,5FN649R37.8787T5 GMSS NETAWAFA:1.918SJSF(3.06)AC) TLE XgGa 1ON DISTRiCIB OF V626-V4-6S WA7830157R1Ci Bi-EQ-ro4 SBE ADDRESS: 18:(626)570-1918 FAX:1626)737.8786 PveRmt:OPEO6EF(221%AC) (LOS 562)9842 C0IA4(Y 1.628.964.6551 2127 DE6Rv]DER W+E AVCRAf[51DPE OF IDT 214, (56208-0299 E vOcw.vu x.r yr] wrz 9vuN+0 P x.a 91704 TaEP W]E CABLE 784TAT1VE PNtCE.R1AP N0.71362 VER'-800 N TtAEYa}3vaR CABLE t-8DOi83.4000 M Agenda # _7 . 2 (a) Meeting Date:June 21, 2011 OF CI'1'T CITY COUNCIL AGENDA REPORT 9 � 72PQR�'C�' TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City MaltW A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE DETACHMENT OF SPECIFIED PORTIONS OF THE PULTE TRACT ("DIAMOND HILLS") PARCELS FROM CITY OF DIAMOND BAR LANDSCAPE ASSESSMENT DISTRICT NO. 39. RECOMMENDATION: Approve. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: In 1998, the City Council passed Resolution 98-59, which among other items, approved Vesting Tentative Tract Map No. 52267 ("Pulte Tract"). Included in Resolution 98-59 was a condition of approval that called for the removal of those portions of the Pulte Tract found to be within Landscape Maintenance District 39. Once removed, these Pulte Tract portions located within District 39 should have been incorporated into the Pulte Tract Homeowners' Association and Landscape Maintenance District 38. However, those portions of the Pulte Tract that fell within District 39 were not detached concurrently when the Final Tract Map was approved in 2000. Hence, the purpose of this Resolution is to accomplish the condition of Resolution 98-59 by now detaching the parcels shown in Exhibit A. The proposed detachment of the properties (73 parcels) listed in Exhibit B (Detachment of Properties From Assessment District No. 39) does not financially impact any of the properties listed in Exhibit B. The $130.00 per lot equivalent amount represents the amount being paid by property owners in the remainder of Assessment District No. 39, and is being used solely as a means to count protest votes, should any of the proposed detached property owners desire to protest the detachment of their property from District 39. There is no fiscal impact to the City for this detachment proceeding. These properties, though within the boundaries of District 39, have never been assessed and have been treated as though they are outside the district boundaries. The detachment proceedings are considered a "clean-up" procedure to resolve the discrepancy. Staff recommends approval of the Resolution. PREPARED BY: Patrick Gallegos, Management Analyst REVIEWED BY: Dav G. Liu,Pirdctor of Public Works Attachments: Resolution No. 2011-XX Exhibit A—Detachment Diagram for AD 39 Exhibit B—Detachment of Properties from Assessment District No. 39 2 Exhibit B DETACHMENT OF PROPERTIES FROM ASSESSMENT DISTRICT No.39 PROPERTY OWNER LIST CITY OF DIAMOND BAR,CALIFORNIA Assessor's ParcelAssessment No. {APN) Property Owner's Name(s) Property Owner's Address Amount{$}* land Use 1 8701-055-005 Diamond Hills Ranch Maintenance Corp 18401 Von Karman Avenue 0 Open Space Irvine,CA 92612 2 8701055-006 Diamond Hills Ranch.Maintenance Corp 18401 Von Karman Avenue 0 Open Space Irvine,CA 92612 3 8701-055-008 Pulte Home Corporation 18401 Von Karman Avenue 0 Open Space Irvine,CA 92612 4 8701-055-009 Pulte Home Corporation 15101 Red Hill Avenue 0 Open Space Tustin,CA 92780 5 8701-055-031 Diamond Hills Ranch Maintenance Corp 18401 Von Karman Avenue 0 Streets Irvine;CA 92612 6 8701-055-017 Diamond Hills Ranch Maintenance Corp 18401 Von Karman Avenue 0 Open Space Irvine,CA 92612 7 8701-055-018 Diamond Hills Ranch Maintenance Corp 18401 Von Karman Avenue 0 Open Space Irvine,CA 92612 8 8701-056-009 Hsiu Fang Tsai&Chih Chun Tso 751.Crestview Drive 130.00 Residential Diamond Bar,CA 91765 9 8701-056-010 Chan,Norman and Connie W 731 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 10 8701-056-011 Ishitani,Ester R,Co TR 721 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 11 8701-056-012 Hsiao,Stanley T&Agnes M 711 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 12 8701-056-013 Fu,David&Ruey C 701 Crestview Drive 130.00 Residential. Diamond-Bar,CA 91765 13 8701-056-014 Ahn,Kyu D&Hyon S 661 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 Page 1 of 6 Exhibit B Assessor's Parcel : Assessment . Na. (APi11) Property owner's Name(s) Property owner's Address Amount($j* rand Use 14 8701-056-015 Tsai,Kai L&Shu H TRs,at a1 991 S Benson Avenue 130.00 Residential Ontario,CA 91762 15 8701-056-016 Choi,Sang I&Chang O 631 Crestview Drive 130.00 Residential. . Diamond Bar,CA 91765 16 8701-056-027 Chan,Thomas C,Co TR 621 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 17 8701-056-018 Chan,Donna TR 611 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 18 8701-056-019 Gh6mashchi,Hassan&Eftekhar,Fatima 601 Crestview Drive 130-00 Residential Diamond Bar,CA 91765 19 8701-056-020 Haddadin,Dana Z& 600 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 20 8701-056-021 Cheng,Marvin 610 Crestview Drive 130.00. Residential Diamond Bar,CA 91765 21 8701-056-022 Chien,Michael W 620 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 22 8701.-056-023 Popat,Ashok*P&Urvasi A 630 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 23 8701-056-024 Chen,Belle P 650 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 24 8701-056-025 Yang,Daniel C&Ho,Catherine 660 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 25 8701-056-026. Lin,Shin C&Ng Patricia 700 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 26 8701-056-027 Li,Ling 710 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 27 8701-056-038 Solis,Simon&Ana M 23665 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 28 8701-056-039 Phan,Paul&Lam,Doan K 23715 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 . Ni -1-of 6 Exhibit B ..............__....... ..... ........... Assessor's ParcelAssessment Land Use No. (APN) Property Owner's Name(s) Property Owner's Address Amount($) 29 8701-056-040 Ko Wang&Su Han Chan 23725 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 30 8701-056-041 •Sippel,William 5 23735 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 31 8701-056-042 Tang,Hong Ming&Tsai,Hsiu Chin 23755 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 32 8701056-043 Jia,Juncheng&Deng Wenlang 23765 Canyon Vista Court 230.00 Residential Diamond Bar,CA 91765 33 8701-056-044 Li,Rui&Wen,Joe 23775 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 34 8701-056-045 Real,Ulyssess R&•Sun,Yea Feng 23785 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 35 8701-056-069 Moon,Young C&Esther M 761 Crestview Drive 130.00 Residential Diamond Bar,CA 91765 36 8701-057-001 Km,Cheryl L 661 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 37 8701057-002 Huang,Teshen&Meiy"mg 651 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 38 8701-057-003 Costa,Richard A&Carol A 631 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 39 8701-057-004 Lin,Haichi S 621 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 40 8705-057-005 Sun,Mike&Huang,Irene 611 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 41 8701-057-006 Earth Finance limited& 601 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 42 8701-057-007 Lopez,Remberto V Co TR et al 600 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 43 8701.-057-008 Fncinas,Fred G&Kathleen TRs 610 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 Page 3 of 6 Exhibit B Assessor's Parcel Property Owner's Name(s) Property Owner's Address Assessment and Use No. (APN) Amount($) 44 8701-057-009 Lin,Jimmy H,Co TR 620 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 45 8701057-010 Spellman,Robert M&Christine 630 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 46 8701-057-011 Tseng,Lee S 650 Skyline Drive 130.00 Residential Diamond Bar,CA 91765 47 8701-057-016 Dua,Harvinder S&Gurvinder K 631 Ridgeview Court 130.00 Residential Diamond Bar,CA 91765 48 8701057-017 Hamilton,Duane M&Linda W 621 Ridgeview Court 130.00 Residential Diamond Bar,CA 91765 49 8701-057-021 Wang,JingJing 630 Ridgeview Court 130.00 . Residential Diamond Bar,CA 91765 50 8701-057-022 Wang,Kai&Luo,Ping 650 Ridgeview Court 130.00 Residential Diamond Bar,CA 91765 51 8701-057-023 Chung,Brian 670 Ridgeview Court 1.30.00 Residential Diamond Bar,CA 91765 52 8701-057-024 Chang,Tsae L& 23835 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 53 8701-057-025 Teh Min Teo&Sui Chu Teh 23855 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 54 8701-057-026 Km,Ki J&Young R 23865 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 55 8701-057-027 Jung,Sungkil 23875 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 56 8701-057-028 Wu,Cheng Tsung&Yen Ling TRs 23880 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 57 8701-057-029 Song,Zhenkai&Zhao,Wei 23870 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 58 8701-057-030 Li,Xiu Fen& 23860 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 Page 4 of 6 Exhibit B Assessor's Parcel Property Owner's Name(s) Property Owner's Address Assessment Land Use No. (APN) Amount{$) 59 8701-057-031 Liu,Hsueh C 23850 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 60 8701-057-032 Lee,Eric&Lin Tzu L 23830 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 61 8701-057-033 Cobb,Steven R 23820 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 62 8701-057-034 Samson,Federico&Mercy TRs 23810 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 63 8701-057-035 Choe,James &Kim Choe,Chiena C 23800 Canyon Vista Court 130-00 Residential Diamond Bar,CA 91765 64 8701-057-040 Wizel,Alberto E&Gloria 611 Ridgeview Court 130.00 Residential Diamond Bar,CA 91765 65 8701-057-041 Fortaleza,Joseph F&Marquez,Vivian G 600 Ridgeview Court 130.00 Residential Diamond Bar,CA 91765 66 8701-057-043 Kim,Hakjin&Heakyung& 610 Ridgeview Court 1.30.00 Residential Diamond Bar,CA 91765 67 8701-058-001 Chadha,Kuljinder S&Naiya K 23760 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 68 8701-058-002 Lee,Sang K&Eun 5 23750 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 69 8701-058-003 Hanjan,Harbhajan K 23730 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 70 8701-05$-004 Chia Pei Lin 23720 Canyon Vista Court 130.00 Residential Diamond Bar,CA 91765 71 8701-058-027 Chan,Steve L&Wang,Yuh Huey 23710 Ridgecrest Court 130.00 Residential Diamond Bar,CA 91765 72 8701058-028 Cal,Edward&Jiang,Ging 23700 Ridgecrest Court 130.00 Residential Diamond Bar,CA 91765 73 8701-058-045 No Name or Address in LA County's XXXXX Ridgecrest Court 130.00 Unknown Property Owner Information List Diamond Bar,CA 91765 Equivalent Assessment Amount in Detached Area $8,580.00 Page 5 of 6 Exhibit B * Note:The proposed detachment of the above-listed properties from Assessment District No.39("AD 39")shall not financially impact any of the above-listed properties_ The"Assessment Amount"of$130.00 represents the amount being paid by property owners in the remainder of AD 39,from which the above-listed properties are being detached. The$130.00 per lot equivalent amount is being used solely as a means to count protest votes,should any of the above-listed property owners desire to protest the detachment of their property from AD 39. Page o of 6 Exhibit B RESOLUTION NO. 2011. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE DETACHMENT OF SPECIFIED PORTIONS OFTHE PULTE TRACT ("^DUAK8KDND HILLS") PARCELS FROM CITY OF DIAMOND BAR LANDSCAPE ASSESSMENT DISTRICT NO. 39' A. RECITALS���� (i) Heretofore-the City OfDiamond Bar Assessment District No. 39 was created pUnSU8Dt to Part 2OfDivision 15Ofthe California Streets and Highways Code (§§ 22500, 8tSRq.). (ii) In 1998. the City COUOCi| of the City Of Diamond Bar ("City") passed ReSO|UtiOD 98-50 ("RoGOiUtiOD")' which among other things, approved Vesting Tentative Tract Map ("VTTK8") NO. 52267 (the "Pulte Tract"). The Resolution provides that as a condition of approval, those pO[fiOOS Of \/TTW1 NO. 52267 CU[FeDt|y within Landscape M@iOt8O8OC8 District 39 Sh8|\ be i n8DlOVed from said L8OdSC8p8 District and as deemed appropriate, be incorporated into VTTpW ^ NO. 52207 Homeowners' Association and L@DdSn8p8 K8@int8O@nC8 District 38. � (iii) The above-referenced condition was never satisfied prior tOfinal nl8p approval. This OUe8DS that portions of the Pulte Tract that were intended to be detached from District 39 were, in fact, never removed from the District. /iV\ On May 17' 2011, the City Council adopted 8 R8SO|UtiOD of Intention to detach specified p8[Ce|S from Landscape K8aiDt8OGDCe District 39 in order to [8SO|VB this discrepancy, and directed the City Clerk to publish the notice of the hearing to be set for June 21, 2011 in the � form, time and manner required by law. ! / (V) A public hearing to consider the detachment Of the p3[C8|S ShOVYD in Exhibit A from | Landscape K88iDtBD8OC9 District 89 was held OO June 21' 2011 at 6:30 p.m. in the City COUDCi/ chambers located at 21825 East Copley [Jhva, Diamond Bo[, CA 91765. in order to consider 8V|deDC8 in support and in opposition to the proposed detachment. (vi) Upon the conclusion of the public hearing, the City Council determined that there was no majority protest to the detachment of the parcels from Landscape Maintenance District 39, as shown in Exhibit A attached hereto and incorporated herein by reference. (vii) The purpose of this Resolution is to order the detachment of the parcels shown in Exhibit A. (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION I NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City hereby orders the detachment of specified parcels, as shown in Exhibit A, from Landscape Maintenance District 39. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this_day of , 2011. Steve Tye, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the_day of 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk EXHIBIT A 8HEET 1 OF 2 BHEETS DETACHMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2011-2012 FOR THE CITY OF DIAMOND BAR — SEE SHEET 2 r.l vex �O r�eu ro ti olwam 4 w(PA=■W n no cr tx�vor cwoo eu.CMM—N"v a N nc us MW mot wn M Yn OR rxca.WM nt s nt aFOA=MAW d A=m Pr M avert w=M=a AslownCRAP=SCllE nt un"Do=se ran Lw urt a POM Cr wn�m DW= o➢H-7R78D am I 0=LM M V�W'XtL YV7 OI nZ N M.W=W Rt= r Y k_184.QAC. B{C�. CoNsua 0 a&WDEF76 1 ®111�Y itl.cL 1'U.Maaw)6 d01)iii y�-J�yrM1rl aax ver mLe}rrr D not ctt a nano an Mo.0aR0Yi+ippq OO1w..dll AO WN ,HEET Z OF S SHEETS ::?+n' d� :tiy:. =�urx:snr �, . ' ? paiiazaiis•='' .. -' •�. .�F::' :."::^r'�� 'r.. ::�'�, :'sem:•.:. cd¢:: sccii�rii -•: .... .' �4 I EGEND $f iv rn ee:mna ea,anr W"+t'•`� �.nc�na manr(m mncr.oann wam comm c EXHIBIT A DETACHMENT DIAGRAM FOR -- ~- ASSESSMENT DISTRICT, NO. 39 FISCAL YEAR 2011-2012 FOR THE i CITY OF DIAMOND BAR I ( 1 I UE C t3" ��Ilart "�Ormeca ar ws J"m M WG rake rm Ile?m OW—M fm Pal I c""mm V tl wm ne cm= t or r� i ffia mne mw U"a w w n¢crFEE or Tw tm aah wta+c ap-l�rr�+ cmt-Ido a eee rw mrrutzr ff>�Wr W Soo ew �e a>�tawnla.m.►ear�mann Agenda # 7 . 2,(b) ,.i Meeting Date: June 21. 2011 IT CITY COUNCIL AGENDA REPORT lvrnRPOR��� r9S9 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: RESOLUTION LEVYING AN AS ESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2011-2012. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The District 38 levy rate of $15.00 per parcel will generate $267,705 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2011-12, $2,142 of the General Fund is proposed to pay for the operation and maintenance costs in District 38. The assessment revenues shall be deposited in Special Revenue Landscape Fund 138 and shall apply toward the 2011-12 operation and maintenance budget. The total annual budget of the District is $269,847. The itemized budget for District 38 is included in the attached Engineer's Report, Financial Analysis, Page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 38 are the parkways along the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive), the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs Drive), along Golden Springs Drive (between Torito Lane and Temple Avenue); the streetscape improvements along Brea Canyon Road (between Pathfinder Road and the Southerly City Limit); and the medians throughout the City. The maintenance areas are further detailed in Exhibit "B-1" of the Engineer's Report. The maintenance and servicing of 1 public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 17,847 parcels. The amount assessed upon the lands within District No. 38 for Fiscal Year 2009-10 was $15.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: Date Prepared: June 1, 2011 Patrick Gallegos, Management Analyst MRE VIEW David G. Liu Director of Public Works Attachments: Resolution No. 2011-XX Engineer's Report 2 RESOLUTION NO. 2011- A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2011-2012 A. RECITALS. (i) By its Resolution No. 2011-13, this Council approved a report of the City Engineer related to City of Diamond Bar Assessment District No. 38 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2011-2012. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California on June 21, 2011, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the 3 land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2011-12 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk-of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2011-12 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2011-12. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. 4 ADOPTED AND APPROVED this 21St day of June, 2011. Steve Tye, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 21 st day of June, 2011, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar I 5 SHEET 1 OF 1 WELT B j Q ® o t EMMIT `A-r ASSESSMENT DIAGRAM ASSESSUENT DISTRICT NO. 88 FISCAL YEAR 201' -2012 N _ FOR THE CITY OF DIAMOIND BAR @IYFII:X R.Y�QAY[u i.aovl9i Q4"�$�. —"MM. rtpl�f�SRQO®Gi ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2011-12 CITY OF DIAMOND BAR Preliminary:May 17, 2011 Prepared by: GFB-FRIEDRICH&ASSOC., INC. 6529 Riverside Avenue, Suite 200 Riverside, CA 92506 (951)781-0811 i I I TABLE OF CONTENTS Page INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS g Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 6 ASSESSMENT 7 ASSESSMENT ROLL g EXHIBITS Exhibit "A-1" - Assessment Diagram Exhibit "B-1" - Improvement Map I INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2011-12 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the.net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act-of 1911 (Division 7 (commencing with Section 5000)) (of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article X1IlA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre-Prop 218 law. I Assessment District No.38 1 ill Engineer's Report—FY 2011-2012 BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram(on File in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. i Assessment District No.33 2 Engineer's Report—FY 2011-2012 L"PROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. i Assessment District No.36 3 !I Engineer's Report—FY 2011-2012 i FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 2011.-12 Fiscal Year is as follows: 2011-12 Recommended Budget Revenue: Appropriation Fund Balance (from FY 2010-11) $ 0 Property Tax--Special Assessments 267,705 Interest Revenue 0 Transfer in—General Fund 16,142 TOTAL $283;847 Appropriations: Personnel Services . Salaries $ 0 City Paid Benefits 0 Retirement District is being 0 Worker's Compensation Expense subsidized by 0 Short/Long Term Disability General Fund 0 Medicare Expense Staff ng 0 Cafeteria Benefits 0 ! Operating Expenses Advertising 3,000 Utilities 1.05,000 Maintenance of Grounds I Buildings 29,775 Professional Services 4,500 Contract Services * 141,572 Capital Outlay` 0 Capital Improvements 0 Reserve for Future Capital Improvements 0 ! TOTAL $283,847 Contract Services this Fiscal Year Contract Maintenance queel) $ 128,617 Extra Gopher Control Contract at S:Brea CariyonRoad!Alung 57 Freeway $ 1,000 Maint.Of Now Areas.Propectors at Sunset Crossing;Pathfinder at Brea Canyon Road $ 12,000 I Assessment Vlstrlot No,38 4 Engineer's Report—FY 2011-2012 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. i Assessment District No.38 $ Engineer's Report—FY 2011-2012 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within.the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within.the-District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. __The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No.38 Engineer's Report—FY 2011-2012 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $267,705 Estimated Number of Parcels: 17,847 Estimated Assessment Per Parcel: $ 15.00 2011-12 Assessment Per Parcel: $ 15.00 2010-11 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 Assessment District No.38 7 Engineer's Report—FY 2011-2012 ASSESSMENT ROLL The individual 2011-12 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Cleric of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated:_lvri Z 2 7 , 2011 GFB-FRIEDRICH&ASSOC., INC. A. F D Assessment District No.38 8 Engineer's Report—FY 2091-2012 Z 2Y-419 I IOWA-0 R' PepgM SIR 11% US/ gg 'ReMO.—ME Ri".a, Mg.- ,g7im .11 1� ItAKIi. W M�r P Pw -_Kz g _4 -Oamm—s". gg" mg mg M, Rg-1 all- Him OR WM_ FRI., m 16. =Mgr WF gg og g CMA. 'A 7N.", 'J"'r mg, r;::6c Wells' IN T., 1;7 Rim In 6 N-1. W-91 ZINO M., g�q o 'SN-21 mg 0; M RRRO SIR gm mosm ELu1i I N I I 1 i Agenda # 7 J Meeting Date: June 21, 2011 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: RESOLUTION LEVYING AN SSE"tVSSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2011-2012. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The District 39 levy rate of $130.00 per parcel will generate $162,630 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2011-12, $57,702 of the General Fund is proposed to pay for the operation and maintenance costs in District 39. The assessment revenues shall be deposited in Special Revenue Landscape Fund 139 and shall apply toward the 2011-12 operation and maintenance budget. The District budget totals $220,332. The itemized budget for District 39 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 39 are the mini parks, slopes, and open space areas within the Assessment diagram as reflected in Exhibit "B- 2" of the Engineer's Report. This reflects a total maintenance area of 60.67 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 1,251 parcels. The amount assessed upon the lands within District No. 39 for Fiscal Year 2010-11 was $130.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Date Prepared: June 1, 2011 Patrick Gallegos, Management Analyst REVIEWED Da d G. Liu Director of Public Works Attachments: Resolution No. 2011-XX Engineer's Report 2 RESOLUTION NO. 2011- A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2011-2012. A. RECITALS. (i) By its Resolution No. 2011-14, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2011-12. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 21, 2011 and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: I The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2011-12 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $130.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2011-12 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2011-12. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 21st day of June, 2011. Steve Tye, Mayor 1, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 21st day of June, 2011, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar EXHIBIT "A-2" SHEET 7 OF 1 SHEET ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0. 39 FISCAL YEAR 2011-2012 FOR THE CITY OF DIAMOND.BAR f� 0.=kurmy ai x,ts M 4iiV u ;x� r U f�'CENO 44 \ Q"01 tV1R�O 041 f VD N nC!ff!(P}nL CiNtf Amrm ff d Lw: Lm"N=--I R W1d K11���GSIV m— Nm o-a N m amort mmi iwGai U f m rmm emw M mnv a M �umu"aanwmmc � mw"amwmn mL OQiPi$J FiCIIE M"n 1M = fi11 wt al mmmmwD g M mnCf AMioM�a nnZ a ruFa m,wn a ns w nc ma"Cr nc im yM,u, h L49CC..tNC. f mw.+."a efn,uoms, m �vu�m m 1 l:All m"ioaIa. vu wr m4nmf d nc cm v MWaW WA ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2011-12 CITY OF DIAMOND BAR. Preliminary: May 17, 2011 Prepared by: GFB-FRIEDRICH&ASSOC., INC. 6529 Riverside Avenue, Suite 200 Riverside, CA 92506 (951) 781-0811 TABLE OF CONTENTS Page INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 6 ASSESSMENT 7 ASSESSMENT ROLL g EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map Ii 1 i INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2011-12 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The,section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article X1IIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre-Prop 218 law. Assessment District No.38 1 Engineer's Report—FY 2011-2012 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram(on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No.38 2 Engineer's Report—FY 2011-2012 IMPROVEMENTS The facilities and items of servicing and maintenance included within.the District are as follows: Landscapiung Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the ftnnishing of services and materials for the ordinary and usual maintenance,,operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No.39 3 Engineer's Report—FY 2011-2012 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the tipdate of ' Assessment District No.39.for the 2011-1.2 Fiscal Ydar is as follows- 2011-12 Recommended Budget Revenue: Appropriation Fund$alauce(from F'Y'2010-11) $ 0 Properly Tax and Assessments 162,630 Interest Revenue 0 Transfer hi--General Fund 60,442 TOTAL $ 223,072 • Anuxopxiations: , Personal Services Salaries $ 0 City Paid Benefits 0 Retirement District is being 0 Worker's CDznpensation Expense subsidized by 0 Short/Long Term Disability General Fund 0 Medicare Expense S`taffi`ng 0 Cafeteria Benefits 0 Operating Expenses Advertising 0 Utilities 2,500 r Water&Edison 52,000 Maintenance-Grounds&BIdg, 9,300 Professional Services 4,506 Contract Services Contract Services(Excel Landscape Maim,) 137,772 Weed/Past Abatement(L.A, County Ag) 17,000 Capital Outlays Miscellaneous Equipment 0 Reserve for Future Capital 7xnprovcments 0 TOTAL $ 223,072 RBsesment DIWIrt No.39 4 Engineer's Report—FY Mi-2012 Plans and Spec'if'ications Plans and specifications showing the general nature, location and extent of any proposed improvements are on file in.the office of the City Clerk and available for public inspection. i i Assessment District No.39 5 Engineer's Report-FY 2011-2012 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: I Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No.39 6 Engineer's Report—FY 2011-2012 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $162,630 Estimated Number of Parcels: 1,251 Estimated Assessment Per Parcel: $ 130.00 2011-12 Assessment Per Parcel: $ 130.00 2010-11 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 i Assessment District No.39 7 Engineer's Report—FY 2011-2012 i ASSESSMENT ROLL The individua12011-12 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made apart of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated z zz 2011 GPB-PRMDRICH&ASSOC., INC. Ar A. RIED C I Assessment District No.39 $ Engineer's Report—FY 209'1-2092 EXIMITS • r • r �. ���� 4t��rr�,+♦./,t� .� � w4♦♦ •G`.'\11111 yr111V � �'� �,��\/i P\\\ ,'� i i�n111Pr �i�t i+■+■�,t�1tr•r/ i • I\ \ I �\ r•■rrt ♦ rum,,a r +�li �� i��jr�\ �\�i t H1H...i,•4t►tI1 ll♦�attlllV ,.. ri moi, ♦nr t/�r► Rom" \�,.... /mllilltrip/j�l���q. 1 ..���► tt • i►0\�, `�f/ �'�11 1/Il/llp rf► I•� p �::C 1111 0 ♦ -" 4+r.�.• w Ow row +►.�rrl :�.r►n �rr'�,�`�•+i � '�� �i II rl/�s auv�y♦ `�•' ■ 0. ♦� 1 ■r�r• •�Iir'It•`�Iir�jl%►.�'�. ��♦♦����\ �iir�� «Yl��rtd{.�!.. �,4r����,���tpiii= t����•O`a��+r���rrgt�`jr � ,����p�ufrr 1�1,♦��////ttti►�. •".`F���♦O♦ra ttii,moi W. ♦ . ♦�. 4�j I/rjltl/C�r tt �� �i�a♦`;�F 7r"r�i1 ,,grrA t\{ . ����11 r:.•�•O�►rill�f++.�'� UIt111111111[IIII// ���.r■rr� �rtti��■'if .�,!r�i�i�+*plit� ■�nrr llrunr ♦ r■,,,■ I � r.Cllr r{ /'ir�(titlll toy • �1�1�1t� PAW •�`.F? \♦ �� ` �4 gg .o� • tett� .`� >._ ♦ �. � noun .:','� /pry/ t tq p y/j/'4'', �•.it/ii i�;`?��nuutr '�f.�1r //////•r4tir�/I t - 'O,(��ttrar.t�� �*1//��r �.�y' �R," �//! /��� trot. qra, f�� //L�+�.♦ •.�..�,� �`~tfHalnaY�sip,,Il//,/',,�,rti+'� �•♦♦♦`\1�1��P�r�`,`,i��'t`�a? ��!I/fllllf,r,C�a►tt !tt ,,(/� r,\`, J� �Y,���a: r♦ � /i � unund"�?�.►'�q i��// n--.. r�•�`�\`\���•��•.•e�•G•ili4'r `�•`��ttt!//�{U r��11111t11L`.�:'�..'%�,/t//IA�17r�'�\ ',,+'.•+'.'`lf'�': ~►��CiA♦ t! I :G.�:r►t "�► trt / m�h7 wasp•: 1\�/k►r"iU 1ti-yl � ttl�I�11 �•...��q rIP it►♦� � C ?�inr,; 11r '♦Mti r k.♦ �tI `�rri�=u' '//Its}•ra t/Ij�r i i'f\%r�••� ���'-/,!��� 11A�i tUii/�I r'.�:i`�'�' �:• lip !A /t t411t1U♦ wtt�__ hrrt�r:i:y����`'i`a V flat MQUEN Raw- 1 Agenda: # 7-2;(d) Meeting Date:June 21, 2011 111 RAW 11 1-j 1 CITY COUNCIL G° AGENDA REPORT �s TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City ManqAS TITLE: RESOLUTION LEVYING AESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2011-2012. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The requested District 41 levy rate of $220.50 per parcel will generate $122,157 in assessment revenue. The assessment rate remains the same as the rate applied at the date of incorporation of the City of Diamond Bar. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2011-12, $14,773 of the General Fund and $20,000 of Prop A Safe Parks Funds are proposed to pay for the operation and maintenance costs in District 41. The assessment revenues shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the 2011-12 operation and maintenance budget. The District budget totals $156,930. The itemized budget for District 41 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 41 are the slopes, and open space areas within the Assessment diagrams as reflected in Exhibit "B-3" of the Engineer's Report. This reflects a total maintenance area of 15.6 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the 1 District is 554 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 2010-11 was $220.50 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Date Prepared: June 1, 2011 Patrick Gallegos, Management Analyst REVIEWED Davi G. Li Director of Public Works Attachments: Resolution No. 2011-XX Engineer's Report 2 RESOLUTION NO. 2011— RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2011-2012. A. RECITALS. (i) By its Resolution No. 2011-15, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2011-12. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-3." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium/Government Center, 21865 Copley Drive, Diamond Bar, California on June 21, 2011, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1 The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objectingto the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2011-12 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2011-12 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2011-12. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 21't day of June, 2011. Steve Tye, Mayor 1, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 21st day of June, 2011, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: , COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar SHEET 1 OF 1 SHEET EXHIBIT "A-S" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0. 41 FISCAL YEAR 2011-2012 FOR THE CITY OF DIAMOND BAR cm-rrn-n-rrrrrri�rrrn ME)m mg wret i �oNo I QF ar d � i W m aaa.m u+amt o m w�m uma�urc v N M Anct"m"m1 iw va Uff on mm tmM ne[4fRT O na A6LSSOR!MM M AS AS==m m[=Wff a=AW Wn ORAFHIC 3CdIB ASffl7M7 W= m t m Aw�to ON im m m m a L"Wm me=R= OYB-1ICBDRICH An!m"of me==WS mmm wn w nt w me marcs w M im .ewn h l.R90C.,'QiC. i Amm Gown 1.9Zm4 . 4ti11•V CCIBULTHO CfiL OEfEF719 mu WP=9=O m:fief w WW v wx ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2011-12 CITY OF DIAMOND BAR Preliminary: May 17, 2011 Prepared by: GFB-FRIEDRICH &ASSOC., INC. 6529 Riverside Avenue, Suite 200 Riverside, CA 92506 TABLE OF CONTENTS Page INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 6 ASSESSMENT 7 ASSESSMENT ROLL 8 EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map i i i i i INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2011-12 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the f6deral government, are not assessable under pre-Prop 218 law. Assessment District No.41 Engineer's Report—FY 2011-2012 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram(on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-Y). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. i Assessment District No.41 2 Engineer's Report—FY 2011-2012 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscapin Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance,.operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini-parks, slopes and open spaces within the District. Exhibit "13-3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. i Assessment District No.41 3 Engineer's Report—FY 2011-2012 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2011-12 Fiscal Year is as follows: 2011-12 Recommended Budget Revenue: Appropriation Fund Balance(from FY 2010-11) $ 0 Property Tax and Assessments 122,157 Interest Revenue 0 Transfer In- General Fund 36,773 i TOTAL $ 158,930 Appropriations: i Personal Services Salaries $ 0 City Paid Benefits 0 Retirement District is being 0 Worker's Compensation Expense subsidized by 0 Short%Long Term Disability General Fund 0 Medicare Expense Staffing 0 Cafeteria Benefits 0 Operating Expenses Advertising 2,500 Utilities 35,000 Maintenance of Grounds / Buildings 9,000 Professional Services 4,500 Contract Services* Contract Services (Excel Landscape Maint.) 49,730 Weed/Pest Abatement 58,200 Capital Outlays Miscellaneous Equipment 0 Capital Improvements ** 0 Reserve for Future Capital Improvements 0 i j TOTAL $ 158,930 ** No Capital Improvements this Fiscal Year. Assessment District No.41 4 Engineer's Report—FY 2011-2012 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. i 1 i i Assessment District No.41 5 Engineer's Report—FY 2011-2012 I METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No.41 Engineer's Report—FY 2011-2012 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 2011-12 Assessment Per Parcel: $ 220.50 2010-11 Assessment Per Parcel: $ 220.50 Difference: $ 0.00 Assessment District No.41 7 Engineer's Report—FY 2011-2012 ASSESSMENT ROLL The individual 2011-12 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in. this report due to its volume.) Dated: 2 , 2011 GFB-FRIEDRICH &ASSOC., INC. F 11 t/ED fd(T Assessment District No.41 8 Engineer's Report—FY 2011-2012 E� 1 1 ', `r SHEET 1 OF 1 SHEET EXHIBIT "B—S" ASSESSMENT DISTRICT NO. 41 FISCAL. YEAR 20112012 FOR THE CITY OF DIAMOND BAR awl 1VF r 10 fff f.ja r' • I ■ I lYd. i 6� S I LEGEND nw m=L.. OBAP=SCAM Or8-r8®B)CB EZ A:AMGC.,INC. . cvr Tm crn,.oawms 21m),Lca wawr�nc ra dtR LLt!tLIFfIC1T q M G1Y d Ni�D OV! Agenda # 7 .3- ciTr Meeting Date:June 21, 2011 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma4 _LF TITLE: ORDINANCE NO. 0X(20)11)1F THE CITY OF DIAMOND BAR REGARDING RECOVERY OF ATTORNEY FEES IN NUISANCE ABATEMENT PROCEEDINGS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE RECOMMENDATION: Approve for First Reading by title only, waive full reading of Ordinance No. 0X(2011) and schedule Second Reading for July 7, 2011. FISCAL IMPACT: If adopted, Ordinance No. 0X(2011) would enable the City to recover attorney fees in addition to other administrative costs incurred during nuisance abatement proceedings. BACKGROUND: The City of Diamond Bar's Neighborhood Improvement Division works both proactively and in response to resident complaints to enforce the City's Municipal Code. In instances where violations of the City's property maintenance standards are encountered, the City works with property owners to request abatement, and only utilizes legal resources when the property owner fails to correct those violations. Under the City's existing Municipal Code provisions, it is possible to recover administrative abatement costs; however, attorney fees are not explicitly recoverable. The proposed Ordinance provides clear language to enable the recovery of attorney fees related to administrative abatements. ANALYSIS: The City's Community Development Department regularly works with property owners to abate nuisances that impact the health, safety, and well being of the entire community. While many cases are resolved in an expedient manner, there are, from time to time, situations where code compliance efforts must be escalated. Typical code enforcement cases are initiated through anonymous reports from residents or though proactive patrolling by staff. When a case is opened, a Neighborhood Improvement Officer visits the property, leaves a courtesy notice and timeframe to abate the nuisance, and follows up with a letter to the property owner of record. If the owner or responsible party does not correct the violation, a follow up notice is provided. Depending upon the severity of the nuisance, Community Development Department staff may consult with the City Prosecutor for a variety of specialized services, including, but not limited to, procuring a -Notice and Order to Abate a Public Nuisance, and obtaining abatement warrants through the courts. Administrative abatements have been performed in the recent past, and an upcoming code case that may incur to the City considerable time and expense has prompted consideration of this proposed Code amendment. Under the City's existing Municipal Code, all administrative work is recoverable. However, attorney fees, including those billed by the City Prosecutor, are not. Without the ability to recover attorney fees, those charges must be paid out of the City's general fund. The proposed Ordinance removes this restriction by modifying the Development Code to allow for the recovery of attorney fees in addition to administrative costs in nuisance abatement proceedings, thus providing the City with a mechanism to recover those costs and reduce the future impact on the general fund. The proposed amendment applies only to legal expenses associated with administrate abatements, not criminal prosecutions. The Planning Commission reviewed Development Code Amendment No. PL2011-146 at its May 10, 2011 meeting and adopted Resolution 2011-XX recommending approval of Ordinance 0X(2011) to the City Council. Additionally, the item was presented to the City Council Neighborhood Improvement and Economic Development Subcommittee for consideration at its May 26, 2011 meeting. ENVIRONMENTAL REVIEW: The City has determined that this action is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15361(b)(3) of the CEQA.Guidelines (no potential for causing a significant effect on the environment). This action is also statutorily exempt from CEQA in that it is not a "project" under CEQA's definitions. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on June 10, 2011, in a 1/8 page display. Prepared by: Reviewed b Anthony San os Greg Gubm n, AIC Management Analyst Community Development Director Attachments: 1. Ordinance No. 0X(2011). 2. Planning Commission Resolution No. 2011-15. TAStaff Reports-CC\DCA PL2011-146 Attorney Fee CC Report 1st Reading 6-21-1 I.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING RECOVERY OF ATTORNEY FEES IN NUISANCE ABATEMENT PROCEEDINGS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. This ordinance serves to clarify existing provisions of the Diamond Bar Municipal Code relative to recovery of attorney fees incurred in the abatement of nuisances by clarifying that all references to legal "costs" were intended to and do include the City's attorney fees. This ordinance is declarative of existing law. Section 2. Subparagraph (2) (b) of Section 22.78.060 of the Diamond Bar Municipal Code is hereby amended to read as follows: "Costs and damages. Any person violating any provisions of this Development Code, or permits issued in compliance with this Development Code, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct result of the violations. Costs shall include, but not be limited to, city staff costs, attorney fees, expert fees and court costs." Section 3. Subparagraph (1) of Section 22.78.070 of the Diamond Bar Municipal Code is hereby amended to read as follows: "Record of costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner, in compliance with this section. Staff time shall be calculated at an hourly rate established and revised from time to time by the council. Attorney and expert time shall be based on the hourly rates paid by the city for those services." PASSED, APPROVED AND ADOPTED this_day of 2011. Steve Tye, Mayor TAStaff Reports-CC\DCA PL2011-146 Attorney Fee CC Report 1st Reading 6-21-11.doc 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 day of _, 2011, and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the day of -, 2011, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST Tommye Cribbins, City Clerk T:\Staff Reports-CC\DCA PL2011-146 Attorney Fee CC Report 1st Reading 6-21-11.doc PLANNING COMMISSION RESOLUTION NO. 2011- 15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF, DIAMOND BAR RECOMMENDING TO THE CITY. .-. COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. PL2011-146 AMENDING TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REGULATIONS FOR THE RECOVERY OF ATTORNEY FEES ON NUISANCE ABATEMENT PROCEEDINGS. A. RECITALS 1. On April 29, 2011, notice for the proposed amendments was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be . mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement .of at least one-eighth page in at least one -newspaper of general circulation. 2. On May 10, 2011, the Planning Commission held a duly'noticed public hearing on the proposed amendment. All persons wishing to testify at the public hearing in connection with said amendment were heard, said amendment was studied, and the Planning Commission closed said . hearing. 3. The proposed.amendments will not have a substantial adverse impact on the environment and the project is exempt from .the. California Environmental Quality Act (CEQA) as the activity is covered by the general rule that CEQA, applies only to projects which have the potential for causing a significant effect on the environment, pursuant to Section 15061 of the California Code of Regulations and Guidelines. 4. The proposed changes are consistent with multiple objectives and policies in the City of Diamond Bar General Plan. 0 B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by ,the Planning Commission of the City of Diamond.Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. . Based on the findings and. conclusions' set forth above, the Planning . Commission herebyrecommends that 'the City,; Council ...approve Development . Code. Amendment No. 'PL` 2011.-146 .,by adopting the ordinance. attached hereto as . Exhibit °A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith:transmit a certified copy. of,this Resolution to the City Council. APPROVED AND ADOPTED THIS 10" DAY OF MAY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jack hah,'Chairman 11 Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and.adopted by the?lanning. Commission of the City of Diamond Bar,•at a regular meeting of the. Planning Commission held on the 10tfi.da'y of May, 2011, by the following vote: AYES: Comaiissioners: Lin, VC/Lee, .Chair/Shah NOES: Commissioners: None. ABSENT: Commissioners: Nelson, Torng ABSTAIN: , Commissioners: None ATTEST: Greg Gubman, Secretary I 2 DCA PL11-'145 \'198 '. .. ;. :: •..- . 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